Terms & Conditions

PARTNER PROGRAM TERMS AND CONDITIONS.  

These Terms and Conditions are entered into by and between you and Future Fitness Training, LLC, a Texas corporation, (“Future Fitness Training”) and govern the terms of Future Fitness Training partner program (the "Partner Program"). BY SUBMITTING AN APPLICATION TO PARTICIPATE IN THE PARTNER PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS AS WELL AS FUTURE FITNESS TRAINING TERMS OF USE AND PRIVACY POLICY. 

 

Your participation in the Partner Program is conditioned on your acceptance of these Terms and Conditions and all terms, conditions, and notices contained herein. Please read the Terms and Conditions carefully. If you do not want to agree to these Terms and Conditions, you must not participate in the Partner Program.

 

1. Eligibility for the Partner Program

To participate in the Partner Program, you must submit an application through Future Fitness Training Partner Sign Up, available at https://partners.futurefitness.training. Future Fitness Training reserves the right, in its sole discretion, to accept or reject any application for membership in the Partner Program for any reason. Partners must be at least 18 years old in order to participate in the Partner Program. Partners must maintain an active  Membership with Future Fitness Training to receive commission payments on all referrals. If Partners fail to maintain an active Membership or cancels their membership, Partner will receive all commissions from payments collected by Future Fitness Training on all qualified referrals up to the cancel date. All program payouts and eligibility can be found at Future Fitness Training Partner Commission Payout.

2. Referrals

You will receive commission for Qualified Referrals to Future Fitness Training. The percentage of commission may change at any time and without notice.

"Qualified Referrals" mean customers referred by you to Future Fitness Training who: (1) click on your unique tracking link; (2) within thirty (30) days of clicking on your unique tracking link, successfully purchase a product or service, as an active customer of Future Fitness Training, and (3) maintain an active account and the monthly subscription with Future Fitness Training for a minimum of thirty-one (31) days.

Partners who share the same personal details, including but not limited to, last name, email address, IP address, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. Future Fitness Training, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”

Referrals made to current Future Fitness Training customers will be considered “Current Customer Referrals". You will not receive referral commission for a Current Customer Referral for any payments the customer made to Future Fitness Training. Future Fitness Training, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”

 

3. Commissions

Commissions earned on referrals become payable 10 days after the referred customer becomes a Qualified Referral. Commission payments will be paid in US Dollars and will be made electronic payment (through Paypal). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees. Commissions are paid out on the last day of each month on all commissions earned for the prior month. Commission that are in the 10 day pending process will be paid out on the following pay cycle. Commissions and qualifications can be found at Future Fitness Training Partner Commission Payout

 

If at anytime a Qualified Referral files a credit card dispute, any earned Partner commission on the disputed charge shall become frozen in your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in Future Fitness Training's favor, any associated earned Partner commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Partner commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.

 

4. Marketing

You shall bear your own costs and expenses related to marketing and promoting Future Fitness Training and/or the Partner Program. Future Fitness Training is not obligated to reimburse or credit you for any marketing expenses. If Future Fitness Training does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.

 

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

  1. Partners shall not make any false, misleading, or disparaging statements with respect to the Partner Program, Future Fitness Training, its employees, its customers, its Services (as defined in Future Fitness Training Terms of Use), or its Partners.

  2. Partners shall not create websites or advertisements that copy, imitate, or resemble the look and feel of Future Fitness Training Services. Partners shall not copy Future Fitness Training’s website or any portions thereof, including, without limitation, any of Future Fitness Training trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Future Fitness Training’s prior express written consent.

  3. Partners shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Partners Program.

  4. Partners shall not use malware or spyware to market or promote Future Fitness Training Services.

  5. Partners shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Partners referral link.

  6. Partners are responsible for ensuring their tracking codes are working properly before sending traffic to Future Fitness Training’s servers. Any modification to the links is the sole responsibility of the Partner. Referral fees may be withheld, as determined in Future Fitness Training’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.

  7. Partners shall not bid on or use Future Fitness Training’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Future Fitness Training.

  8. Partners shall not use Future Fitness Training trademarks or misspelled keywords in their domain names.

  9. Partners shall not use redirected pages and links to send a potential customer to Future Fitness Training’s website.

  10. Partners shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Future Fitness Training’s website using an affiliate link).

  11. Partners shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.

  12. Partners shall not engage in any marketing activity that may harm the reputation or credibility of Future Fitness Training, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.

  13. Partners shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.

  14. Partners must include a physical mailing address and unsubscribe information for any marketing email sent promoting Future Fitness Training Services.

  15. Partners shall make clear that they, not Future Fitness Training, are the sender of all marketing communications related to the promotion of Future Fitness Training Services.

  16. Partners shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.

  17. Partners shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Future Fitness Training or Future Fitness Training Services without the express written consent of Future Fitness Training.

 

5. Termination

Future Fitness Training may, in its sole discretion, terminate your participation in the Partners Program at anytime, with or without cause, and without warning or notice. Without limiting the foregoing, Future Fitness Training reserves the right to terminate your account if it has been inactive for 12 consecutive months. Future Fitness Training reserves the right to terminate your participation in the Partners Program and not pay the accrued balance if you have been deemed to breach Future Fitness Training Terms of Use or these Terms and Conditions or engage in any conduct that Future Fitness Training deems to be illegal, improper, unfair, or otherwise adverse or detrimental to Future Fitness Training

 

In Future Fitness Training’s sole discretion, partner accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.

You may terminate your participation in the Partners Program at anytime. You may discontinue your participation in the Partners Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Future Fitness Training’s systems will retain Your account and personal information. By terminating your participation in the Partners Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.

Upon termination, all rights granted to you shall immediately terminate.

 

6. Relationship between you and Future Fitness Training

Neither these Terms and Conditions nor your participation in the Partner Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Future Fitness Training.

 

7. Non-Disparagement

During the term of these Terms and Conditions and for one (1) year after it has expired or been terminated, You agree that You will not disparage Future Fitness Training, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Future Fitness Training’s reputation. Under these Terms and Conditions, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Future Fitness Training, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms and Conditions, the absence of which would have resulted in Future Fitness Training refusing to enter into this agreement.

 

8. Release and Authorization to Use Photographs

You grant Future Fitness Training permission to use any and all photographs taken by Future Fitness Training or its agents or employees, or submitted by You to Future Fitness Training (hereinafter “Photographs”) in any media (including, but not limited to, print, internet, film, television and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of Future Fitness Training or any product or service sold and marketed by Future Fitness Training. You agree that this authorization to use Photographs may be assigned by Future Fitness Training to any other party, may be combined with other Photographs, sounds, text and graphics, and may be manipulated, cropped, altered or modified in Future Fitness Training’s sole discretion. You agree not to make any monetary assessment against Future Fitness Training in exchange for the release under this section. You hereby release and forever discharge Future Fitness Training from any and all liability and from any damages. You further acknowledge and agree that this release is binding upon Your heirs and assigns and that the release is irrevocable.

 

9. Assumption of Risk

You are solely responsible for ensuring that your participation in the Partner Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Partner Program.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, FUTURE FITNESS TRAINING, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, FUTURE FITNESS TRAINING SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, FUTURE FITNESS TRAINING SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, FUTURE FITNESS TRAINING’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

 

10. Indemnification

You agree to indemnify, defend, and hold harmless Future Fitness Training, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you or arising from or related to your use or misuse of the Partner Program.

 

11. Third Party Rights

The sections titled Limitation of Liability and Indemnification are solely for the benefit of Future Fitness Training and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms and Conditions is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms and Conditions without Future Fitness Training’s prior written consent.

 

12. Unlawful Activity; Termination of Access

Future Fitness Training reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Future Fitness Training may discontinue your participation in the Affiliate Program at anytime for any reason or no reason.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS FUTURE FITNESS TRAINING AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

13. Remedies for Violations

Future Fitness Training reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.

 

14. Governing Law and Jurisdiction; Disputes and Arbitration

These Terms and Conditions are governed by and construed in accordance with the internal law of the State of Texas without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in the County of Tarrant in the State of Texas, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Where a conflict exists between Future Fitness Training’s Terms of Use and these Terms and Conditions, the Terms of Service govern.

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms and Conditions, any of Future Fitness Training’s policies, or the Affiliate Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Tarrant County, Texas, unless you and Future Fitness Training agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Future Fitness Training from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.

 

YOU AND FUTURE FITNESS TRAINING EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF FUTURE FITNESS TRAINING AND ALL PARTIES TO ANY SUCH PROCEEDING.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

15. Entire Agreement; Severability of Provisions; No Waiver

These Terms and Conditions constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

 

16. Changes to the Terms of Service

Future Fitness Training may review and update these Terms and Conditions at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms and Conditions means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

 

17. Contact Us

If you have questions or concerns regarding these Terms and Conditions or the Affiliate Program, you may contact us at:

Future Fitness Training
(817)803-4846
tshadwick@futurefitness.training