You must be 18 years old or older. If you are under 18 years of age, you
must appoint your parent, or legal guardian, or another representative with
legal authority to agree to these terms on your behalf. By registering, you
agree to be bound by our membership terms and conditions; please read the
terms and conditions below. Hereafter mutantnation.com shall be known as
“The Company.”
There will be no commission payments from the use of your personal 30% off
code, only those grandfathered in from the previous iteration of MUTANT®️
LEGION™ will have these codes and they will be phased out completely by Jan
1st, 2025. We track and reconcile every sale, in cases where a MUTANT®️
LEGION™ Member has a single sale using that 30% off code for themselves,
commission will NOT be paid on that sale. It is very important that every
MUTANT®️ LEGION™ Member adheres to the Highest Possible Standards of
Ethical & Legal Conduct during this, or for any other, company
promotion.
The Federal Trade Commission has recently more clearly defined best
practices for Affiliate Programs; it is our position, that all MUTANT®️
LEGION™ Member’s of the Company must adhere to and use these guidelines and
regulations as Company Standard Operating Procedure during their endorsement
or promotion. Before proceeding - please follow the steps shown below before
posting:
Please remember that you are responsible for your own acts; ensure that
reviews, descriptions, and articles on your site comply with applicable
copyright, trademark, FTC disclosure, and other applicable laws. We are not
responsible for any violations made by you. For additional information on
expectations around FTC disclosure rules please visit the FTC website.
The MUTANT®️ LEGION™ Member agrees to not utilize SPAM in promoting The
Company. This action will result in the immediate termination of the
MUTANT®️ LEGION™ Program Member Account with a cancellation of any pending
commissions. In addition, The MUTANT®️ LEGION™ Member will also be in
violation of The Company’s MUTANT®️ LEGION™ Program Agreement; subject to
legal action, and will be held liable for any financial loss incurred by The
Company. Any service interruptions to The Company’s website as a result of
the MUTANT®️ LEGION™ Members spamming will be billed to the MUTANT®️
LEGION™ Member, at a rate of $500 U.S. dollars (USD) per hour, until
service is restored. For the purpose of this Agreement; SPAM is defined as -
emailing ANYONE, in bulk or by single mailing, about the Company who has not
specifically requested the information directly from the Company. The ONLY
exceptions to this are:
8. Other Responsibilities and Opportunities of mutantnation.com Sites:
If you qualify as a MUTANT®️ LEGION™ Member and you agree to participate on
a Company Site; you shall display Iammutant.Com Links prominently throughout
your site as you see fit, and with our consent as long as this Agreement is
in effect.
a. Contests and Promotions:
As a MUTANT®️ LEGION™ Member, you will be entitled to participate and
to promote on your site any Iammutant.Com sweepstakes, contests, and
special promotions that we may offer. In addition, you will be entitled
to earn commissions as set forth and displayed on the MUTANT®️ LEGION™
tier levels on the site href. Only offers and promotional tools provided
explicitly by the Company for use on an mutantnation.com site are valid.
The unauthorized use of promotional offers taken from another website is
strictly forbidden and may result in the termination of this
Agreement.
href. Only offers and promotional tools provided explicitly by the Company
for use on an mutantnation.com site are valid. The unauthorized
use of promotional offers taken from another website is strictly
forbidden and may result in the termination of this
Agreement.
b. Compliance with the Agreement:
We have the right in our sole discretion to monitor your site at any
time, and from time to time, to determine if you are in compliance with
the terms of this Agreement. Note: We will monitor for FTC compliance to
ensure disclosures are adequately added. Please ensure compliance by
following the guidelines set forth by the FTC.
9. Reports of Sales:
You will be given a user name and password, and you will have the
ability to enter a password-protected site to receive your sales
statistics on a daily basis.
10. Policies and Pricing:
Customers who buy the Company’s products through mutantnation.com
will be deemed to be Customers of the Company. Accordingly, all of
our rules, policies, and operating procedures concerning Customer
orders, Customer service, and sales will apply to those
Customers. We may change our Company policies, operating
procedures, and prices at any time without prior notice. For
example: in accordance with our own policies we will determine the
prices to be charged for our products sold under the
mutantnation.Com Site. Our prices, product availability, and
delivery timelines may vary from time to time; because price changes
may affect products that you already have listed on your site - you
should review our website and update pricing often, or elect not to
include price information in your product descriptions. In the
event there is a difference between information on your website and
the Company website, the Company website information shall be deemed
as correct, and shall prevail.
11. Non-Exclusive Use of the Company’s Logos and Trademarks:
We grant you and to all mutantnation.com Members a limited temporary
non-exclusive, non-transferable, royalty free, non-exclusive
revocable right & license to (i) access our site through
the mutantnation.com links in accordance with the terms of this
agreement, and (ii) solely in connection with such links and under
the terms & conditions provided for herein: you shall not
make any specific use of any company licensed materials, for any
purpose, other than to sell company products on your site. The
MUTANT®️ LEGION™ Member may use our logos, trade names, trademarks,
and similar identifying material(s) relating to us (Collectively,
the “Licensed Materials”). Note: Company & FTC
Guidelines must be followed. The MUTANT®️ LEGION™ Member may
not alter, modify, or change the licensed materials in any way
without prior written permission by the Company. All MUTANT®️
LEGION™ Members are only entitled to use the licensed materials
while they are a member in good standing of the Iammutant.com
Program. The company may at its sole discretion, feature
content generated by the MUTANT®️ LEGION™ Member as part of the
campaign, (including the MUTANT®️ LEGION™ Members Name and
Likeness), on the Company’s and affiliate owned and controlled
social media platforms, and within third party digital and broadcast
platforms, and/or print platforms; including, but not limited
to: Ad networks, Email marketing, paid search listings,
television, radio, newspapers, magazines and brochures, Facebook,
Instagram, Twitter, Tumblr, YouTube, Pinterest, and other website
blogs for a period of twelve (12) months.
1. RELATIONSHIP OF PARTIES:
The MUTANT®️ LEGION™ Member agrees to assist the company in
promoting/offering/selling the company’s products via their social media
accounts. The company hereby appoints the MUTANT®️ LEGION™ Member
as its representative in a non-exclusive, non-employee basis to endorse
and promote its services to a target audience. Nothing in this
agreement shall be construed as creating an employer-employee
relationship. The MUTANT®️ LEGION™ Member warrants and represents
that he/she is self-employed. The Company is under no obligation
to provide work to the MUTANT®️ LEGION™ Member at any time, nor is the
MUTANT®️ LEGION™ Member obligated to accept any work offered by the
Company at any time. In addition, this contract is not a guarantee
of future employment or engagement.
The MUTANT®️ LEGION™ Member and MUTANT®️ LEGION™ Members’ employees or
agents shall not be entitled to, nor shall they make any claim for, any
benefits accorded to the Company’s employees; including, but not limited
to: worker’s compensation, disability insurance, stock options, extended
health benefits, dental, pension benefits, unemployment insurance,
vacation or holiday pay, overtime, pension, statutory holiday pay, or
sick pay. The MUTANT®️ LEGION™ Member shall be responsible for
providing, at the MUTANT®️ LEGION™ Members expense, and in the MUTANT®️
LEGION™ Members name, any required disability, worker’s compensation,
injury or liability insurance, or other insurance, as well as, licenses
and permits, usual or necessary for performing the services provided for
under this Agreement. The MUTANT®️ LEGION™ Member warrants that
he/she shall be directly responsible for all costs of self-employment,
social security reports, and for any other returns or filings required
under law by any government body; including federal, state, local income
tax, or for any other tax payments for the MUTANT®️ LEGION™ Member, and
for any of the MUTANT®️ LEGION™ Members employees providing services to
Company, as well as any foreign tax payments, including charges or
premiums for F.I.C.A., workers compensation insurance, unemployment
insurance, and any other taxes (including penalties and interest).
2. COMPENSATION:
MUTANT®️ LEGION™ Member compensation and payment is dependent on the
MUTANT®️ LEGION™ Member achieving the targets as specified on
href. Payment, in respect of any agreed promotional activity is
conditional on The Company being paid by the relevant Customer. If
we do not receive payment from the Customer the Company is not obliged
to pay the MUTANT®️ LEGION™ Member. The MUTANT®️ LEGION™ Member
services shall confirm to the specifications and instructions on the
standard guidelines, comply with the FTC guideline rules, and are
subject to the Company’s acceptance and approval. The MUTANT®️
LEGION™ Member will perform the services at his/her own expense and use
his/her own resources and equipment. The MUTANT®️ LEGION™ Member
acknowledges that the agreed upon commission compensation tier structure
displayed and posted on
href, represents the MUTANT®️ LEGION™ Members entire compensation with
respect to this agreement, and the MUTANT®️ LEGION™ Member shall have
no other obligation for any other compensation, expenses, or costs
incurred by the MUTANT®️ LEGION™ Member in connection with the
performance of his/her obligations under this agreement. Once a MUTANT®️
LEGION™ Member achieves the targets as specified on
href, eligible payments will be made within one month, after which time,
the payment becomes due. Please note that the MUTANT®️ LEGION™
Tier Payment Structure listed on
href is subject to change, without
notice, at any time by The Company. The Company reviews the commissions
earned at the end of every month; a minimum payable commission of $100
is the minimum needed in order to be transferred; should your commission
earned be less than $100 for that period, that earned amount will
continue to accrue until such time as the total reaches $100 by the end
of any of the next pay periods. In essence, commissions earned are never
lost.
3. DEFINITIONS:
Customer: The user must be sent to The Company site via mutantnation.com
link and make a purchase
href / You: The publisher
advertising links/promotions of The Company
4. CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT:
The Company proposes to disclose certain confidential information
(collectively the "Confidential Information") to the MUTANT®️ LEGION™
Member, but it is not warranted to do so. Confidential Information
includes, but is not limited to: all software, system software, and
applications used to provide the system; including any source code,
updates, improvements, enhancements, modifications or derivative works
thereof, whether or not patentable, and all inventions, content,
graphics, images, media, user interfaces, logos, and trademarks
contained in, displayed, performed, or reproduced in the system.
This also includes all data, materials, formulae or devices, work
product, production process, and any other information relating to the
production, processes, distribution, sales, marketing, business, and
management operations of mutantnation.com. Confidential Information also
includes intellectual property, proprietary and business information -
which includes, but is not limited to: patents, copyrights,
registration, trademarks, trade secret technology, sales and marketing
plans, computer software or technology, training materials, financial
records, vendor or Customer information, and any other company
information to which access may be obtained by the MUTANT®️ LEGION™
Member. All information disclosed orally shall also be considered
as Confidential Information, unless otherwise identified as
non-confidential by the Company at the time of the disclosure. The
MUTANT®️ LEGION™ Member shall not disclose, publish, or duplicate
confidential Information furnished in tangible and/or nontangible form
except for purposes of this Agreement. The MUTANT®️ LEGION™ Member
agrees that any Confidential Information disclosed by the Company is to
be considered as confidential, and proprietary and the MUTANT®️ LEGION™
Member will not disclose, publish, or otherwise reveal with others in
person, by email, through social media, or by any other method.
Further, the MUTANT®️ LEGION™ Member agrees that information sent to
the MUTANT®️ LEGION™ Member from the Company will not be duplicated,
photographed, recorded, or reproduced in any way on social media,
publish or disclose in any other way without prior expressed written
permission and authorization from the Company. This includes, but
is not limited to the Company training material, e-mail correspondence,
written correspondence, or any other form of communication. The
MUTANT®️ LEGION™ Member shall hold in confidence the Confidential
Information, and shall not use the Confidential Information other than
for the purposes of its business with the Company. The MUTANT®️
LEGION™ Member shall disclose Confidential Information only to the
Company’s officers, directors, or other MUTANT®️ LEGION™ Program
affiliates with a specific need to know, and information will only be
disclosed as instructed by the Company.
The MUTANT®️ LEGION™ Member may not at any point disclose any sales,
financial figures, cost or profit with anyone within The Company or
outside of it without written consent of The Company. Disclosing such
information to another MUTANT®️ LEGION™ Member or to any other external
Party will be considered a material breach of this Agreement, and
subject the Company to damages, injunctive relief, and reimbursement of
the Company's attorneys' fees and costs.
Upon the request of the Company, the MUTANT®️ LEGION™ Member shall
return all Confidential Information received in written or tangible
form, including any information, copies, or reproductions, taken from
mutantnation.com within fifteen (15) days of such request. If the
MUTANT®️ LEGION™ Member discloses, publishes, or otherwise reveals any
information, media, or idea, from mutantnation.com; the MUTANT®️
LEGION™ Member agrees to pay $5,000 US dollars to the Company within
(30) calendar days, as and for liquidated, estimated, and stipulated
damages. At the MUTANT®️ LEGION™ Members option, the MUTANT®️ LEGION™
Member may destroy any documents or other media developed by the
MUTANT®️ LEGION™ Member containing Confidential Information. The
MUTANT®️ LEGION™ Member shall provide a written certificate to The
Company regarding destruction of said materials within ten (10) days
thereafter.
5. OWNERSHIP AND TITLE:
The MUTANT®️ LEGION™ Member hereby acknowledges and agrees that all
rights, title, and interest in any confidential information, trade
secret, or intellectual property rights, and other proprietary
information that the MUTANT®️ LEGION™ Member may have obtained
access to during the term of this Agreement will remain the
exclusive property of mutantnation.com. Notwithstanding, that the
MUTANT®️ LEGION™ Member may have created or contributed to the
creation of the same non-proprietary know how. This also
includes, all rights of whatever kind and character, and in any and
all languages, in and to the videos, photographs, text, designs,
images, symbols, and/or all works of similar nature produced,
developed, or created by the MUTANT®️ LEGION™ Member for this
Agreement - that identifies and distinguishes the source of the
Company’s goods from those of others; and for any and all
intellectual property rights thereto, including: trademarks, trade
secrets, trade dress, design, mask work, copyrights, and patent
rights (collectively the “Content”). This also includes the
right to sublicense the Content to MUTANT®️ LEGION™ Members and
other company brand partners. Notwithstanding the foregoing,
the MUTANT®️ LEGION™ Member may delete posts from his/her owned
and/or controlled social media channels containing any Content after
a period of thirty (30) days from post-date. Neither Party
shall be prevented from making use of know-how and principles
learned, or of experience gained of a non-proprietary and
non-confidential nature that do not adversely affect the Company’s
sales, relationships, goodwill, or stature. The MUTANT®️
LEGION™ Member agrees to assign and hereby does assign to the
Company, without consideration other than the offer of contract, the
entire right, title, and interest in and to said Content during the
term of this Agreement. The Parties acknowledge that all expenses
attending such applications, assignments, and patents shall be paid
by the Company. All applications shall be prepared, filed, and
prosecuted by an attorney or attorneys selected by the Company.
This Agreement will apply in respect of any intellectual property,
process, design, development, creation, research, invention,
know-how, trade names, trade-marks, or copyrights for which:
A. Confidential Information of mutantnation.com was
used; or
B. Resulted from work performed by the MUTANT®️
LEGION™ Member for mutantnation.com
6. HEADINGS AND CONSTRUCTION:
Sections headings are not to be considered a part of this
Agreement and are not intended to be a full and accurate
description of the contents hereof. The language in all
parts of this Agreement shall be in all cases construed
according to its fair meaning and not strictly for or against
either Party.
7. SPEAK WELL:
The MUTANT®️ LEGION™ Member agrees to represent the Company in
a professional manner. mutantnation.com has a
zero-tolerance policy regarding bullying and harassment.
The MUTANT®️ LEGION™ Member agrees not to publicly slander or
speak negatively of the Company, its officers, directors,
shareholders, athletes, employees, or its Customers, or
Contractors, agents, assigns, or suppliers in any manner, shape,
or form either during and/or after the termination of this
Agreement. Further, the MUTANT®️ LEGION™ Member is
responsible for his/her own acts, the MUTANT®️ LEGION™ Member
agrees not to bully, harass, or discriminate against another
person. Note: failure to comply with the above will be
considered as breach of this Agreement and the Company will be
permitted to stop all current and future payments, hereunder,
and to seek any legal remedies available.
8. INJUNCTIVE RELIEF:
The Parties to this Agreement acknowledge that the services to
be rendered by the MUTANT®️ LEGION™ Member under this
Agreement, and the rights and privileges granted to the Company
under this Agreement are of a special, unique, unusual, and
extraordinary character which gives them a peculiar value.
The loss of which cannot be reasonably or adequately compensated
by monetary damages in any action at law, and that should the
MUTANT®️ LEGION™ Member breach any of the material provisions
of this Agreement, that this action may cause the Company
irreparable injury and damage. The Parties agree that in
the event of a material breach of this Agreement by the MUTANT®️
LEGION™ Member, in particular certain sections of this
Agreement regarding confidentiality & ownership,
intellectual property rights, or non-solicitation; that the
Company shall be entitled to seek any provisionary,
interlocutors, permanent injunction, or any other equitable
relief as a necessary remedy to refrain any further breach of
this Agreement by the MUTANT®️ LEGION™ Member.
9. INDEMNITY:
The MUTANT®️ LEGION™ Member shall indemnify and hold the
Company and its Officers, Directors, Contractors, Employees,
Agents, Shareholders, Successors, Athletes, and Assigns
harmless from any loss, liability, expense, damage, and/or
penalties that may arise out of any action, negligence,
will-full misconduct, and negligent performance of, failure
to perform, claims, demands, cost liabilities, expenses, and
damages to property or persons occasioned by the performance
of the services under this Agreement. The Company
shall indemnify and hold the MUTANT®️ LEGION™ Member and
its Officers, Directors, Contractors, Employees, Agents,
Successors, and Assigns harmless from any loss, liability,
expense, damage, and/or penalties that may arise out of any
action, negligence, will-full misconduct, and negligent
performance of, failure to perform, claims, demands cost
liabilities, expenses, and damages to property or persons
occasioned by the performance of the services under this
Agreement.
The MUTANT®️ LEGION™ Member agrees that in the event of any
breach or threatened breach by the MUTANT®️ LEGION™ Member.
The Company may obtain, in addition to any other legal
remedies which may be available, such equitable relief as
may be necessary to protect The Company against any such
breach, or threatened breach, and for reimbursement of The
Company's attorneys' fees and costs.
10. TERMINATION OF AGREEMENT:
The MUTANT®️ LEGION™ Member acknowledges that he/she is an
Independent Contractor and that no employer-employee
relationship, join venture, partnership or agency
relationship is created by this Agreement. The term of this
Agreement shall commence on the date this Agreement is
signed and shall continue for a period of twelve (12)
months; afterwards, the Parties to this agreement, may renew
this Agreement on a year to year basis thereafter, upon
mutual Agreement of the Parties. Either party to this
agreement may delete the MUTANT®️ LEGION™ Members account
at any time, without notice.
11. NON-SOLICITATION OF CUSTOMERS:
The MUTANT®️ LEGION™ Member agrees not to solicit or
attempt to solicit, directly or indirectly, for any purpose
that is not in the interest of the Company, any Customers of
the Company with which the MUTANT®️ LEGION™ Member had any
contact with during the term of this Agreement and for a
period of two (2) years following termination of this
Agreement; notwithstanding the cause or reason for the
termination of this Agreement. The MUTANT®️ LEGION™ Member
agrees that the Company has good will among its Customers.
The MUTANT®️ LEGION™ Member agrees that the temporal
restrictions of this provision are reasonable.
12. SEPARABILITY:
In case any provision in this Policy shall be invalid,
illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
Fit Foods reserves the right to update, amend, or modify
this Agreement at any time.
The rights and remedies provided by this Agreement are
cumulative and exercise of any right or remedy by either
Party hereto (or by its successor); shall not preclude
or waive its right to exercise any or all other rights
and remedies. The Parties to this Agreement
represent and warrant to each other that each is free to
enter into this Agreement, and that this engagement does
not violate the terms of any Agreement between any other
third Party. This Agreement is binding upon, and
in-turn, to the benefit of the Parties, their
successors, subsidiaries, Affiliates, and personal
representatives.
This Agreement is entered into on a without prejudice
basis by the Parties. This Agreement contains the
entire Agreement and understanding between the Parties
hereto, and supersedes any prior or contemporaneous
written or oral Agreements, representations, and
warranties between them respecting the subject matter
hereof. In the event of any conflicts or ambiguity
between this Agreement, and the
href, and/or the
href, this agreement shall take precedence. This
Agreement shall be governed by and construed in
accordance with the laws of British Columbia and the
laws of Canada applicable therein. In the event
that any provision herein or part hereof shall be deemed
unenforceable, void, or invalid by a court of competent
jurisdiction, or arbitrator, the remaining provisions,
or parts hereof, shall be and remain in full force and
effect.
The Parties hereby acknowledge that each has received
independent legal advice with respect to the execution
of this Agreement, and the MUTANT®️ LEGION™ Member
further acknowledges that (he or she) has read over all
the provisions herein, and that the MUTANT®️ LEGION™
Member understands the full meaning and importance of
each provision, and that the MUTANT®️ LEGION™ Member is
signing this Agreement voluntarily.
I, the MUTANT®️ LEGION™ Member have had sufficient time
to read and review this document, and I the MUTANT®️
LEGION™ Member enter into this Agreement totally and
voluntarily, with full knowledge of its meaning, and
without duress.
MUTANT SQUAD RETAILER SUPPORT AGREEMENT