Introduction
ClickBank does not host third-party content involving products and promotions (“Client Material”) or links to Client Material on its ClickBank Website at https://www.clickbank.com/ and does not have the authority or the ability to control Client Material that is hosted on third-party websites owned and controlled by sellers and distributed by affiliates. As a result, ClickBank can only disable linked access to payment webpages hosted by ClickBank and cannot remove Client Material that is hosted on third-party websites. If you wish to take down the Client Material itself, you must contact the owner of the relevant website or the webhost for that website. For more information regarding concerns relating to Client Material, please refer to the Creative Anti-Theft Policy.
ClickBank respects the intellectual property rights of others and prohibits its Clients from engaging in any form of infringement. Although ClickBank does not host eligible content itself, it is ClickBank’s policy to comply with the procedures of the Digital Millennium Copyright Act of 1998 (“DMCA”) to address infringement by Client Material that links to ClickBank’s payment services. Accordingly, if Client Material at a different online location that links to ClickBank’s payment services (“Linked Content”) violates a valid copyright, ClickBank may disable linked access to payment webpages hosted by ClickBank upon receipt of a valid, complete complaint following DMCA procedures (a written notification called a “Takedown Notice”).
Submitting a Takedown Notice
If You believe that a valid copyright in which You have ownership rights is being infringed, ClickBank is authorized to disable linked access to payment webpages hosted by ClickBank only if You provide a Takedown Notice to ClickBank’s designated Copyright Agent which includes all of the following:
1. The words “TAKEDOWN NOTICE” at the top of Your communication;
2. Detailed identification of the specific copyrighted work(s) or other intellectual property You claim has/have been infringed;
3. Identification of the specific Linked Content that You believe infringes upon Your rights and sufficient information to enable ClickBank to locate the specific Linked Content. ClickBank does not have the authority or the ability to remove Client Material on third-party websites such as product seller websites and social media platforms and can only disable linked access from these locations to payment webpages hosted by ClickBank.
4. The following statements or equivalent:
-
- “I swear, under penalty of perjury, that
(i) the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(ii) I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
5. Your company name (if any), Your legal name (printed), Your mailing address, and Your phone number, and, if available, an electronic email address; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.
To file a DMCA complaint with ClickBank, send a Takedown Notice that meets all of the above requirements to the physical address or email address below:
Click Sales Inc.
1444 S. Entertainment Ave., Suite 410
Boise, ID 83709 USA
Email: dmca@clickbank.com
Upon ClickBank’s receipt of a valid, complete Takedown Notice, ClickBank shall (i) disable linked access to its payment webpage associated with the Linked Content identified in the Takedown Notice, and (ii) take reasonable steps to contact the owner of the Linked Content.
Note: The submission of a false or materially misleading Takedown Notice may constitute perjury and other offenses and may subject You to potential liabilities. Prior to filing a Takedown Notice You may wish to first consult with a qualified attorney.
Submitting a Counter-Notice
If You are a ClickBank Client and ClickBank disables linked access to a payment webpage associated with Your Client Material as a result of a Takedown Notice, You may request ClickBank to restore such access by providing a counter-notification (“Counter-Notice”) to the ClickBank Agent containing all of the following:
1. Identification of the Linked Content and the location at which Linked Content appears;
2. A statement that You have a good faith belief that the linked access was removed or disabled as a result of mistake or a misidentification of the Linked Content;
3. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of the federal court in Boise, Idaho, and a statement that You will accept service of process from the third party who provided the Takedown Notice.
4. Your physical or electronic signature;
Upon receipt of Your Counter-Notice, ClickBank shall send a copy of Your Counter-Notice to the original complaining party and inform such party that ClickBank shall restore the linked access to its payment webpage associated with Your Linked Content within no fewer than 10 but no more than 14 days unless ClickBank receives official notice from the complaining party that it has filed an action seeking a court order to restrain ClickBank from restoring access. ClickBank retains the sole discretion whether to restore linked access to the payment webpage.
Client Repeat Offender Policy
If a ClickBank Client is the subject of two or more valid and complete Takedown Notices that the Client does not satisfactorily rebut with valid Counter-Notices, in addition to any other available rights and remedies, ClickBank reserves the right to terminate the Client’s account(s), without penalty or liability to ClickBank. In addition, ClickBank may exercise all other rights and remedies available to it.
ClickBank Reservation of Rights
Nothing contained herein shall restrict ClickBank’s ability or right to disable linked access to a payment webpage associated with Client Material which ClickBank independently discovers and which, in ClickBank’s sole discretion, violates or infringes any right of any third party, including, without limitation, to patent, trademark, and copyright (an “IP Right”).
Details of the DMCA are available at US Copyright Office Web Site: www.copyright.gov.
Trademark Policy
As a ClickBank client (“You” or “Your”), in the event ClickBank receives a written demand, such as a “Cease and Desist” letter (“Demand”) alleging that Your Linked Content infringes upon, dilutes, tarnishes or otherwise violates a third party’s trademark rights, ClickBank may in its sole discretion, take reasonable steps to contact You, and to disable linked access to payment webpages hosted by ClickBank from Your accused Linked Content. ClickBank may restore the linked access to its payment webpage if:
1. It receives written confirmation from the party sending such Demand that the Demand is withdrawn or has been resolved, or
2. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by ClickBank in its sole discretion and which ClickBank may reject for any reason without penalty or liability to You. In order for ClickBank to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
-
- The information set forth in the DMCA Policy for a valid Counter-Notice, except such information shall relate to the trademark at issue and not disputed copyrighted material; and
- An express statement confirming Your irrevocable and binding obligation to indemnify, defend and hold harmless ClickBank from any damages, costs, or expenses that You or ClickBank may incur, in any manner whatsoever, arising out of or in connection with Your accused Linked Content and/or ClickBank’s restoration thereof.
Client Terms
As a condition of registration with ClickBank, You acknowledge and agree that:
1. ClickBank is not under any obligation to restore linked access to its payment webpage even if You provide a rebuttal and that the determination of sufficiency of any evidence provided in a rebuttal shall be at ClickBank’s sole discretion;
2. You expressly waive and disclaim any claim or potential claim against ClickBank related to or arising out of ClickBank’s disabling linked access to its payment webpage from any Linked Content in response to a Demand, including without limitation any claim for lost revenue, lost profits and/or expenses; and,
3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in patents or trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon ClickBank any of the obligations imposed under the DMCA with regard to response times or the like.
4. This DMCA and Trademark Policy is part of, and incorporated within, the ClickBank Client Contract [HYPER-LINK]. As a condition of registering with ClickBank and using the ClickBank Services, You expressly acknowledge that You have read and understood this DMCA and Trademark Policy and You agreed to be bound by the terms and conditions contained within. If at any time You disagree with this DMCA and Trademark Policy or any part of it, Your sole remedy is to cease all use of the ClickBank Services and terminate Your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of the DMCA Policy and Trademark Policy.
Creative Anti-Theft Policy
Introduction
ClickBank does not host third-party content involving products and promotions (“Client Material”) or links to Client Material on its ClickBank Website at https://www.clickbank.com/ and does not have the authority or the ability to control Client Material that is hosted on third-party websites owned and controlled by sellers and on affiliates’ social media platforms. As a result, ClickBank can only disable linked access to payment webpages hosted by ClickBank and cannot remove Client Material that is hosted on third-party websites. If you wish to take down the Client Material itself, you must contact the owner of the relevant website or the webhost for that website.
ClickBank prohibits any affiliate from directly copying other ClickBank affiliates’ or third parties’ creative works. This Policy is intended to facilitate reporting of clear instances of misappropriation and copying to assist ClickBank in identifying non-compliant Client Material and disabling linked access to payment webpages hosted by ClickBank that are associated with the non-compliant Client Material.
Notice and Counter-Notice Procedure
ClickBank will handle any reports of alleged copying according to the Takedown Notice and Counter-Notice procedure described in its DMCA Policy. Upon receipt of a valid Notice from a Complainant that a ClickBank Client (“Client”) has copied a material amount of a creative work, such as text, music, an image, or a video (the “Creative”), ClickBank will provide a copy of such Notice to the Client and disable linked access to payment webpages hosted by ClickBank that are associated with the accused Creative.
This Policy is intended to address clear instances of misappropriation and copying, not mere imitation or similarities in Creatives. ClickBank has the sole discretion to decide whether to act under this Policy and to resolve any dispute. ClickBank will be guided by the following considerations in determining when and whether to restore the linked access to its payment webpage:
1. The Complainant notifies ClickBank in writing that it wishes to withdraw its complaint or that its dispute with the Client is resolved.
2. The Client has provided written proof to ClickBank demonstrating (in ClickBank’s sole discretion) that the information provided by the Complainant is not valid, including but not limited to, clear proof that the Client owns prior rights to the disputed content.
ClickBank may, but is not obligated to, suspend the Client’s account and payments to the Client for sales associated with the Client Material.
Application to Trademarks
Under the same process and terms as ClickBank handles reports of direct copying of Creatives, ClickBank will disable linked access to payment webpages hosted by ClickBank that are associated with a Client’s use in Client Material of a trademark that is owned by another Client or a third party, and hold all funds and/or suspend or terminate the account of the Client.
Client Terms
As a condition of registration with ClickBank, a Client expressly acknowledges and agrees:
1. ClickBank is not under any obligation to restore linked access to its payment webpage even if the Client provides a rebuttal and that the determination of sufficiency of any evidence provided in a rebuttal shall be at ClickBank’s sole discretion;
2. The Client waives any and all claims against ClickBank for its actions in implementing this policy and the Client will indemnify, defend and hold harmless ClickBank from any damages, costs, or expenses that ClickBank or the Client may incur, in any manner whatsoever, arising out of or in connection with the disputed Client Material and/or ClickBank’s removal or restoration of linked access to its payment webpage.
3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in patents, trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon ClickBank any of the obligations imposed under the DMCA with regard to response times or the like.
ClickBank’s Enforcement Discretion in Disputes Between ClickBank Clients.
The above policies are intended to protect the legitimate intellectual property interest of all ClickBank Clients and third parties. In addition to the discretion provided above, where a dispute arises between two ClickBank Clients regarding the rightful ownership of any Creatives or similar content, ClickBank reserves the right to refrain from implementation and advise the Clients to settle their dispute through an appropriate administrative, legal or judicial process.
