The ClickBank Affiliate Program Terms of Use – Part 3 – the Law

by Tom McEwin on 8 April, 2010

This is the final post in a three part series looking at the ClickBank affiliate program from the perspective of someone wanting to use ClickBank to make money working online.  In this post I’ll be looking at remaining 4 policies that people using the ClickBank affiliate program need to know about:

Together with the other ClickBank affiliate program terms of use mentioned in part 1 and part 2, these policies constitute the law according to ClickBank.

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Keeping it legal – the DCMA and Trademark Policy

The Copyright and Trademark Policy sets out ClickBank’s approach to intellectual property.  If ClickBank receives a valid take-down notice or written demand, then it can disable access to any products that infringe anyone’s copyright or trademarks.  Response can be made via something called a counter-notice.

ClickBank can ban the accounts of anyone who receives 2 or more valid take down notices that they don’t successfully rebut.

Controlling the Merchandise – the Vendor and Products Requirement Policy

The Vendor and Products Requirements Policy specifies what is allowed to be sold on ClickBank, and what requirements that vendors must meet.  Vendors must:
1) create a sales page and a thankyou page;
2) provide valid, working email addresses to which Purchasers or ClickBank can send inquiries and receive a reply by end of the following business day;
3) provide technical support pages; and
4 -5) comply with certain extra stuff if using the Vendor Spotlight section on the ClickBank site.

Products must be digital and either original or appropriately licensed.  Any printed media can only supplement the actual product.

Certain types of products are banned.  Offering one of these products on the ClickBank affiliate program can result in immediate suspension of an account and forfeiting  any account balance owed by ClickBank. I won’t list them all here, but some of the notable ones are:

2, 15-16) pirated music/movies/videos/games/software;
4-9) digital cash, money transfers, gift certificates, vouchers;
10-11) stocks/bonds/title deeds;
12) lottery tickets;
22) telephone services;
26) professional services;
31-34) reservations for hotels/seminars/concerts/flights/events;
36) products about marketing through Craigslist or social networking sites which don’t comply with the terms of use for those sites; and
38) anything other category ClickBank decides to prohibit.

Reversing ClickBank Transactions – the ClickBank Affiliate Program Return and Cancellation Policy

The Return and Cancellation Policy provides that ClickBank’s return policy is:

ClickBank will, at its discretion, allow for the return or replacement of any product within 60 days from the date of purchase. For recurring billing products, returns for more than one payment may be provided if requested within the standard 60 day return period.

This is quite a broadly worded policy, but is an important element for anyone seeking a refund to come to grips with.  There are a few clues in the ClickBank affiliate program terms of use as to what might encourage ClickBank to use its discretion, so I think this topic warrants a separate post all of its own.

Forwarding Address – the ClickBank Legal Notice

The ClickBank Legal Notice just sets out the official ClickBank corporate address.

That about covers everything in the ClickBank affiliate program terms of use.  My next post will take a look at how to obtain a refund for a ClickBank purchase.  After that I’ll start tackling some of the practical stuff involved in using ClickBank to make money working online.

© Tom McEwin
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