Our affiliates are important to us at Eat This Much. We do our best to treat you with the fairness and
respect you deserve, and we simply ask the same consideration of you. The following agreement has been
written with your needs in mind, as well as to protect our company's brand, so please bear with us
this legal formality.
If you have any questions, please don't hesitate to let us know at [email protected]
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EAT THIS MUCH, INC. EAT THIS MUCH, INC IS A DELAWARE CORPORATION,
AND MAY HENCEFORTH BE REFERRED TO AS EAT THIS MUCH INC., EAT THIS MUCH, EATTHISMUCH, OR EATTHISMUCH.COM.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Eat
This Much's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site
(or other promotional materials) and the EatThisMuch.com web site. Please note that throughout this
Agreement, "we," "us," and "our" refer to Eat This Much and EatThisMuch.com, and "you," "your," and "yours"
refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the Eat This
Much website. We may reject your application at our sole discretion. We may cancel your application if we
determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or
other intellectual property rights or to violate the law
2.1.6. Includes "Eat This Much" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially,
ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in
2.1.9. You may not create or design your website or any other website that you operate, explicitly or
implied in a manner which resembles our website nor design your website in a manner which leads customers to
believe you are EatThisMuch.com or any other affiliated business.
2.2. EatThisMuch.com reserves the right, at any time, to review your placement and approve the use of Your
Links and require that you change the placement or use to comply with the guidelines provided to you.
2.3. The maintenance and the updating of your site will be your responsibility. We may monitor your site as
we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should
enhance your performance.
2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that
pertain to your site. You must have express permission to use any person's copyrighted material, whether it
be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely
responsible) if you use another person's copyrighted material or other intellectual property in violation of
the law or any third party rights.
3. EatThisMuch.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and
conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or
to make sure that your links to our web site are appropriate and to notify further you of any changes that
we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve
the right to terminate your participation in the EatThisMuch.com Affiliate Program.
3.2. EatThisMuch.com reserves the right to terminate this Agreement and your participation in the
EatThisMuch.com Affiliate Program immediately and without notice to you should you commit fraud in your use
of the EatThisMuch.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse
is detected, EatThisMuch.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party
written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will
terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such
event, you will be notified by email. Modifications may include, but are not limited to, changes in the
payment procedures and EatThisMuch.com's Affiliate Program rules. If any modification is unacceptable to
you, your only option is to end this Agreement. Your continued participation in EatThisMuch.com's Affiliate
Program following the posting of the change notice or new Agreement on our site will indicate your agreement
to the changes.
EatThisMuch.com uses a third party to handle all of the tracking and payment (Stripe). Stripe is a secure
payment processor and we store no payment info on our own servers other than the last 4 digits of the
subscriber’s credit card number to notify which card is being used.
Payouts to affiliates will be done through PayPal or Stripe’s own payment transfer API. We can also make
standard ACH transfers of affiliate payments if both parties agree outside of these terms.
7. Access to Affiliate Account Interface
Your commission will be described in the “Affiliate” tab of the standard EatThisMuch.com “Settings” menu.
This tab will appear once you sign up as an affiliate.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but any promotion that mentions EatThisMuch.com could be
perceived by the public or the press as a joint effort. You should know that certain forms of advertising
are always prohibited by EatThisMuch.com. For example, advertising commonly referred to as "spamming" is
unacceptable and could cause damage to our name. Other generally prohibited forms of advertising include the
use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to
multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or
misrepresents your identity, your domain name, or your email address. You may use mailings to customers to
promote EatThisMuch.com so long as the recipient is already a customer or subscriber of your services or web
site, and recipients have the option to remove themselves from future mailings.
Also, you may post to newsgroups to promote EatThisMuch.com so long as the group specifically welcomes
commercial messages. At all times, you must clearly represent yourself and your web sites as independent
from EatThisMuch.com. If it comes to our attention that you are spamming, we will consider that cause for
immediate termination of this Agreement and your participation in the EatThisMuch.com Affiliate Program. Any
pending balances owed to you will not be paid if your account is terminated due to such unacceptable
advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords
such as eatthismucht.com, eatthismucht, www.eatthismucht, www.eatthismucht.com, and/or any misspellings or
similar alterations of these – be it separately or in combination with other keywords – and do not direct
the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered
trademark violators, and will be banned from EatThisMuch’s Affiliate Program. We will do everything possible
to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator
from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the
prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,”
“Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive
pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such
time as the consumer has fully exited EatThisMuch’s site (i.e., no page from our site or any
EatThisMuch.com’s content or branding is visible on the end-user’s screen). As used herein a.
“Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct
intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other
means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches
to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to
be put in place or other commission tracking cookies to be overwritten where a user would under normal
circumstances have arrived at the same destination through the results given by the search (search engines
being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory
engines); (c) set commission tracking cookies through loading of EatThisMuch site in IFrames, hidden links
and automatic pop ups that open EatThisMuch.com’s site; (d) targets text on web sites, other than those web
sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or
blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites
100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML
links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links,
to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed
Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed
Materials to the extent that you are a member in good standing of EatThisMuch.com's Affiliate Program. You
agree that all uses of the Licensed Materials will be on behalf of EatThisMuch.com and the good will
associated therewith will inure to the sole benefit of EatThisMuch.com.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging,
misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its
respective rights in the proprietary materials covered by this license. Other than the license granted in
this Agreement, each party retains all right, title, and interest to its respective rights and no right,
title, or interest is transferred to the other.
EATTHISMUCH.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING EATTHISMUCH.COM SERVICE
AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF EATTHISMUCH.COM
ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN
ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND
WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal,
valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions
of this Agreement and to perform your obligations under this Agreement, without the approval or consent of
any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR
ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL
EATTHISMUCH.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN
CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION
FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless EatThisMuch.com, and its subsidiaries and affiliates, and
their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any
and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses
(including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses")
insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our
use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license,
intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a
representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim
related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and
customer information, disclosed by one party to the other during negotiation or the effective term of this
Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each
party will keep in confidence and not use or disclose such proprietary information of the other party
without express written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative, or employment relationship between you
and EatThisMuch.com. You will have no authority to make or accept any offers or representations on our
behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that
reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a
party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New
York without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior
agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not
limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be
eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated,
and the remainder of this agreement shall have full force and effect.