Terms of Use

This agreement contains the terms and conditions that apply to an individual's or entity's participation in any FitnessNetworkOnline.com program. By participating you are entering into a binding and enforceable legal agreement. You understand that any website(s) you have listed with FitnessNetworkOnline.com may be viewed by consumers who access your site(s) through FitnessNetworkOnline.com or any licensed affiliate. Please read these Terms and Conditions carefully since, by participating in any FitnessNetworkOnline.com program, you are signifying your assent to this agreement. As used in this agreement, the terms "Client" or "You" mean yourself and/or the company/entity in which you represent and "We" refers to FitnessNetworkOnline.com.

Enrollment in the Program

To begin the enrollment process, you will submit a complete application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include sites that:

  • promote sexually explicit materials
  • promote violence
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • promote illegal activities
  • include "FitnessNetworkOnline.com" or variations or misspellings thereof in their domain names
  • otherwise violate intellectual property rights

If we reject your application, you are welcome to reapply to the program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the program, we may terminate this Agreement.

Search Program

For purposes of this Agreement, the FitnessNetworkOnline.com Search Program is that program whereby Clients wishing to advertise their web site(s) and vie for placement of a listing to appear in the search results generated by FitnessNetworkOnline.com and/or its affiliates in response to a search request. The amount of a Client's rate determines placement of such Client's listing in a search results list. The higher the rate, the closer the Client’s listing is placed to the top of the list of search results. The highest rate results in that Client’s listing appearing first in the search results list. The first rate setup of all equal rates will result in the first placement for that rate amount; the second will be placed second, etc.

PAYMENT: The Client agrees to pay FitnessNetworkOnline.com based on the number of clicks by a user on your search listing multiplied by the rate that you have set to pay for each click on your search listing. For example: rate amount $0.05 per click; 200 clicks would equal $10 in fees due to FitnessNetworkOnline.com. The amount of clicks are measured by tracking reports prepared by FitnessNetworkOnline.com only and you understand and agree that such report shall be the sole and final measure of the amount of clicks. A deposit of at least $50.00 shall be paid to FitnessNetworkOnline.com to initiate services to the Client and is non-refundable. Client acknowledges that its payment obligation hereunder is based solely on the number of clicks and not on Client's ability to convert clicks to sales. You will be notified approximately 5 days before your account balance reaches a zero balance or a balance less than your lowest bid. Failure to maintain a balance will result in your account being placed on hold with no search results revealing your site. If your account remains inactive for in excess of three months, your account will be terminated.

Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

Term of the Agreement

The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either You or We may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.

Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). 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.