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