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C.H.E.K Institute Affiliate Program

Operating Agreement

This Agreement contains the complete terms and conditions that apply to an individual's or entity’s participation in the C.H.E.K Institute Affiliates Program (the "Program"). As used in this Agreement, "we" means C.H.E.K Institute, "you" means the applicant, and "product" means any item offered for sale on the C.H.E.K Institute website. "Site" means a World Wide Web site. "Our site" means the C.H.E.K Institute’s site, and "your site" means the site that you list on your Partner Program application.

1. Program Enrollment

To begin the enrollment process, you must submit a complete Partner Program application via our site. We will evaluate your application and 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, contain, or link to sexually explicit materials
  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities
  • Promote products and/or services that are contrary to the ethical values of the C.H.E.K Institute
  • Contain any libelous, defamatory, or disparaging materials
If we reject your application, you are welcome to reapply to the Program at any time.

2. Listing C.H.E.K Institute products on Your Web Site

If your application is accepted, you will be given access to a password protected area of our site, where you may download banners, links to our site and other materials (collectively, "our Materials"). You will be responsible for monitoring our site for updates to our Materials. You agree to maintain the confidentiality of your password to our site, and not to provide your password to any third party. You will promptly notify us of any unauthorized use of your password.

You may display as many links to the C.H.E.K Institute’s website as you would like on your site, as long as you use the format made available on the password protected area of our site. If you incorporate our marks or links into a site other than your site, this Agreement will automatically terminate. You may not alter any banners, logos, or other content included on our site without written permission from the C.H.E.K Institute. All modified links must be approved in writing by the C.H.E.K Institute. We reserve 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 the Agreement. You may not at any time list policies or terms, availability information, special deals, discounts or gifts with purchase or similar information regarding the products on your site.

3. Order Processing

We will process product orders placed by customers who follow approved links from your site to the C.H.E.K Institute’s website. We reserve the right to reject orders that do not comply with any requirements that we have established or may establish in the future. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products using approved links from your site to our website and will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your site and our site are properly formatted. If our product pages change and you have links that direct visitors to those pages, we will redirect your visitors to an appropriate page automatically.

4. Commissions

We will pay you commission on all product sales to third parties. For a product sale to generate a commission, the customer must follow a link from your site to our site, purchase the product using our automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to us.

5. Fee Schedule

You will earn commission based on the sale price of qualifying products, according to fee schedules to be established by us. Retail price means the sale price a customer pays for a product and excludes costs for shipping, handling, gift wrapping, returns, charge-backs, fraud, exchanges and taxes. The current commission schedule is as follows:

Chek Teleseminars 15% of retail price
Chek videos, DVDs, books, courses, T-shirts, card sets and posters 12% of retail price
10 Tips booklets 12% of retail price
DuraBalls, Fitter Classic Balls and DuraDisks 10% of retail price
Packages containing any non-Chek items 10% of retail price
Any other non-Chek item (except those noted below) 8% of retail price

The list of products included in each category are shown in Appendix A and may be added to, changed, modified or deleted at any time without prior notice.

6. Fee Payment

Subject to the terms and conditions of this Agreement, we will pay you commission on a quarterly basis, so long as the commission earned in the previous quarter is US$15 or more. Approximately 30 days following the end of each quarter (quarters end March 31, June 30, September 30, December 31), we will send you a check for the commission earned on products that were shipped during the previous quarter, less any taxes that we are required by law to withhold. If the commission earned is less than US$15 we will not send payment, but roll forward the commission earned to the subsequent quarter. If a product that generated a commission is returned by the customer, we will deduct the corresponding fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the fee. Commission earned can be used by you as credit toward future purchases by the web affiliate, if you inform us in writing that you choose this option. Once chosen, you may not change back to the check payment method for a minimum of six months.For US residents and citizens, the C.H.E.K Institute reserves the right to withhold any payments until you have provided us with a properly executed W-9 form as prescribed by the Internal Revenue Service. Until the C.H.E.K Institute receives your signed W-9 form by fax to fax number +1 760-477-2630, attn: C.H.E.K Institute affiliate program, any commission checks payable to you will be withheld.

Click here for the W-9.

7. Policies and Pricing

Customers who purchase products through this Program will be deemed to be customers of the C.H.E.K Institute. Accordingly, all the C.H.E.K Institute rules, policies, and operating procedures concerning customer orders, customer service, marketing, promotions, and product sales will apply to those customers. We may change our policies and operating procedures at any time. We will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

8. Identifying Yourself as a Partner

We will make available to you graphic images that identifies your site as a Program participant. You will prominently display this logo or the phrase "In association with the C.H.E.K Institute" somewhere on your site to establish this relationship.

9. Limited License

We grant you a non-exclusive, revocable right to use our Materials, including the icon and message described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify our Materials in any way. We reserve all of our rights in our Materials, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

10. Partner Program Responsibilities

You will be solely responsible for the development, technical operation, and maintenance of your Web site and for all materials that appear on your site. Among other things, this includes ensuring that product descriptions and articles on your site comply with all applicable copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including but without limitation to attorneys' fees) arising from or relating to the development, operation, maintenance, and content of your site.

Except as provided here, you agree that you have no rights, title, or interest in or to our Materials or any trademark or trade name included therein, and your use of all such trademarks and trade names will inure to the benefit of the C.H.E.K Institute. You agree not to apply for registration of any such trademarks (or any mark similar thereto) anywhere around the world. You agree that you will not engage, participate, or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of the C.H.E.K Institute.

Affiliates acknowledge and agree that their Web site information (name, URL, traffic counts, etc.) may be utilized by the C.H.E.K Institute. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. Affiliates agree to allow the C.H.E.K Institute to use screen shots of any Web page that contains any of our Materials.

Anyone found in deliberate violation of these terms and conditions is subject to being banned from the C.H.E.K Institute’s website.

11. Terms of the Agreement

The term of this Agreement will begin upon our acceptance of your Program 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. You are only eligible to earn commission on sales occurring during the term, and fees earned through the date of termination will remain payable only if the related product orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

12. 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 available commissions, fee schedules, 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. In addition, you must refer to this site to see if the agreement has changed. We are not obligated to inform you.

13. Relationship of Parties

Each party shall act as an independent contractor, and nothing set forth in this Agreement will create any Affiliate, 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.

14. 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 commissions paid or payable to you under to this Agreement.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including but without limitation to warranties of fitness, merchantability, non-infringement, 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.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Appendix A

Chek items:

Chek DVDs, videos and books

  • Swiss Ball Exercises for Better Abs, Buns & Backs (DVD)
  • Swiss Ball Training for Athletes - (2 x Video or DVD Set)
  • Strong ‘N’ Stable; Swiss Ball Weight Training - (3 x Video or DVD Set)
  • Advanced Swiss Ball Training for Rehabilitation - (2 x Video or DVD Set)
  • Dynamic Medicine Ball Training - (3 x Video or DVD Set)
    • Vol. I "How To’s of Medicine Ball Training"
    • Vol. II "Torso Training"
    • Vol. III "Rotator Cuffs, Arms & Legs"
  • Paul Chek's Medicine Ball Workout (DVD)
  • Controversy and Current Concepts of Pulling Exercises (video or DVD)
  • Gym Instructor Series, Volume 1 Core Conditioning, Part 1 Abdominal Training (video or DVD)
  • Gym Instructor Series, Volume 1 Core Conditioning, Part 2 Back and Ball Training (video or DVD)
  • Gym Instructor Series, Volume 2 Pushing and Pressing Exercises (video or DVD)
  • Gym Instructor Series, Volume 3 Rows, Pulls, Chins and the Deadlift (video or DVD)
  • A Scientific Approach to Golf Conditioning (video or DVD)
  • High Performance Core Conditioning - (2 x Video or DVD Set)
  • Tornado Ball Exercises (video or DVD)
  • Flatten Your Abs Forever! (video or DVD)
  • Squatology (video)
  • Scientific Back Training - (5 x Video or DVD Set only)
  • Scientific Core Conditioning - (8 x Video or DVD Set only)
  • Program Design Video Series - (3 x Video or DVD Set only)
  • Advanced Program Design - (7 x Video or DVD Set only )
  • Equal, But Not the Same! Considerations for Training Females - (5 x Video or DVD Set only)
  • The Golf Biomechanic’s Manual (book)
  • CHEK Marks for Success - Vol. 1 (book)
  • CHEK Marks for Success - Vol. 2 (book)
  • Movement That Matters (book)
  • How to Eat, Move and Be Healthy! (book)

10 Tips booklets

  • The C.H.E.K Institute’s 10 Tips for a Healthy Back
  • The C.H.E.K Institute’s 10 Tips for a Healthy Ergonomics

Chek correspondence courses

  • Scientific Back Training - (5 x Video or DVD Set, + manual)
  • Functional Anatomy of the Back - (1 x Video, + manual)
  • Understanding Force Couple Relationships - (1 x Video, + manual)
  • Choosing a Lumbar Lifting Posture - (1 x Video, + manual)
  • Squatology - (1 x Video, + manual)
  • Scientific Core Conditioning - (8 x Video or DVD Set, + manual)
  • Functional Anatomy of the Core - (2 x Video or DVD Set, + manual)
  • Assessing Core Function - (2 x Video or DVD Set, + manual)
  • Core Conditioning Exercises - (2 x Video or DVD Set, + manual)
  • High Performance Core Conditioning - (2 x Video or DVD Set, + manual)
  • Program Design - (3 x Video or DVD Set, + manual)
  • Advanced Program Design - (7 x Video or DVD Set, + manual)
  • Equal, But Not the Same! Considerations for Training Females - (5 x Video or DVD Set, + manual)
  • Swiss Ball Training - (3 x Video or DVD Set, + manual + Swiss ball)*
  • Dynamic Medicine Ball Training - (4 x Video or DVD Set, + manual)
  • Primal Pattern® Movements - (2 x Video or DVD Set, + manual)
* course available without Swiss ball

Chek Posters and Card Sets

  • Golf Fitness Card Set with box
  • How to Eat, Move and Be Healthy Poster Series

Chek T-shirts
Available in Small, Medium, Large (and X-Large in men’s styling) in white and black.

DuraBalls, Fitter Classic Balls & DuraDisks
DuraBalls and Fitter Classic Balls available in 45cm, 55cm, 65cm and 75cm

Any other non-Chek item
Includes all items except those noted below.

Excluded items
Any software, Total Gym (any models), Plyometric Rebounder, Functional Testing Grid, X-iser, Pro-Fitter, Carry case for Pro Fitter, SRF Board, Body Bars, Foam Roller, tools for C.H.E.K Institute-trained professionals, C.H.E.K Institute-trained professional polo shirts, Books - Clinical Nutrition, Netter’s Anatomy



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