These Application Programming Interface (API) Guidelines ("Guidelines") supplement the Client Contract ("Client Contract") you are entering into with Click Sales, Inc. ("ClickBank"). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THE CLIENT CONTRACT AS PART OF YOUR REGISTRATION WITH CLICKBANK, YOU OR YOUR REPRESENTATIVE(S) AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE GUIDELINES.
These Guidelines contain the terms and conditions that apply to your use of the ClickBank application programming interface ("API") in connection with the ClickBank Services. Capitalized terms used but not defined in these Guidelines shall have the same meanings ascribed to them in the Client Contract.
By building applications that interact with ClickBank's products and services (the "ClickBank Services") or using the ClickBank API, including but not limited to requesting authentication credentials or making calls to the ClickBank API, You unconditionally consent and agree to be bound by and a party to this Agreement.
This Agreement sets forth the rules around use of the ClickBank Services, the ClickBank API, and content shared on ClickBank that is accessible (through the ClickBank API or otherwise) for application development. Our hope is to encourage a thriving ecosystem of applications built on top of ClickBank, balanced against protection of our network, our vendor's products, affiliates and our business. If you have questions or comments about this Agreement, or if you seek a waiver from certain provisions herein, please submit these via our Vendor and Affiliate support form.
- Use of Licensed Materials. This Agreement governs Your use of the following, all of which collectively are the "Licensed Materials": (a) the API of ClickBank and any accompanying or related documentation, source code, executable applications and other materials (collectively, the "ClickBank API"), including, but not limited to, materials made available through ClickBank's developer website (the "Developer Website"), as modified from time to time; (b) information related to blogs and websites hosted by ClickBank (the "Blogs"); (c) individual posts made on ClickBank Blogs (the "Posts"); (d) ClickBank user profile information ("ClickBank User Information"); and (e) any other content made available through the ClickBank API, including but not limited to private messages sent and/or received by ClickBank users and native ClickBank actions such as ClickBank re-blogs, replies and likes (collectively with the Blogs, the Posts and ClickBank User Information, the "Content").
- Use of ClickBank Marks. This Agreement also governs Your use, and restrictions on such use, of ClickBank's name, trademarks, service marks, logos and other branding made available for use in connection with the Licensed Materials (the "ClickBank Marks").
License.Subject to the terms and conditions of this Agreement, including the restrictions set forth in Section 3, ClickBank grants to You a nonexclusive, nontransferable, nonsublicensable, worldwide, revocable right and license during the Term to: (a) use and make calls to the ClickBank API and to make use of the ClickBank Services (and Licensed Materials accessible therefrom) to develop, implement and distribute software applications, services or products ("Your Applications") that interact with the ClickBank Services; (b) use, reproduce, distribute, transmit, display and perform the Content, and modify (i.e., alter in any manner) the Content only to the extent necessary to format and display it through Your Applications and (c) use and display the ClickBank Marks solely to identify that the Licensed Materials originate from the ClickBank Services. Licensed Materials do not include those applications that use or access the ClickBank API or the ClickBank Services in order to monitor the availability, performance, or functionality of the ClickBank API or the ClickBank Services, for any other benchmarking or for other competitive purposes. As part of allowing applications to be built on and connected to ClickBank's products and services, whether or not using the ClickBank API, we give You access to tools, including the API itself, the developer documents and content posted to ClickBankHelp. This license gives you the right to use the Licensed Materials to make apps of all kinds, and also gives you the right to use ClickBank's Marks to identify that the apps that are built on top of ClickBank's products and services.
The licenses granted in Section 2 are explicitly conditioned on Your adherence to the following restrictions.
- Obtaining and Maintaining an API Key. In order to use the ClickBank API, You must obtain API credentials (an "API Key.") You may not share Your API Key, You must keep such API Key secure and You shall use it as Your sole means of accessing the ClickBank API.
- User Login. Licensed Applications shall present users with the ability to log into the ClickBank Services through the ClickBank API. Users without an account on the ClickBank Services shall be presented with an opportunity to create such an account.
- No Substantial Replication. You shall not substantially replicate products or services offered by ClickBank, but You are permitted to create specialized versions or extensions of such products or services. For example, You are not permitted to fully replicate the ClickBank Analytics product, but You may create specialized views of Content from a user's analytics or cross-platform variants of the ClickBank analytics. In addition, You shall not use the Licensed Materials or other information collected from users of Licensed Applications to create or maintain a separate blogging platform, social network or other social service.
- No In-Stream Advertising; No In-Network Promotions. You shall not, in any manner, display any form of advertising within a stream of Content received by a user of a Licensed Application. In addition, advertisements cannot replicate the look and feel of, or reasonably be confused by users as, ClickBank Content and should be clearly separated from the Content. In addition, Licensed Applications may not promote any Content to or within the ClickBank network ("In-Network Promotions"). For example, Licensed Applications may not create ranking systems or directories for ClickBank blogs or posts and promote those rankings or directories within or outside of the ClickBank Services.
- No Marketplaces or Other Aggregators or Repositories of Code or Applications. You may not create marketplace or other aggregator or public repository of code or applications the purpose of which is to collect items substantially based on the Licensed Materials, including Licensed Applications (a "Marketplace"), regardless of whether or not such Marketplace charges for such items. Such Marketplaces include, but are not limited to, collections of ClickBank themes, collections of ClickBank extensions or plugins and non-general purpose collections comprised solely of Licensed Applications. ClickBank should be the single point of origin for any apps, extensions, or code that we provide tools to aggregate.
- No Export for the Purpose of Replication, Repackaging or Resale. You may not, under any circumstances, export Content to a datastore intended to replicate, in whole or in part, ClickBank's datastore, nor shall You repackage and/or resell the Licensed Materials, including any Content, in any manner. For the sake of clarity, this restriction is not intended to apply to Licensed Applications that may, at the request of a user, export such user's Content for the purposes of data portability.
- No Compromising ClickBank Security. You are not permitted to use the Licensed Materials in any manner that does or could potentially undermine or compromise the security of the ClickBank Services or the Licensed Materials. In addition, You shall not, and shall not attempt to, interfere with, modify or disable any features, functionality or security controls of the ClickBank Services or the ClickBank API, defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Licensed Materials, or reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the ClickBank Services or the ClickBank API.
- Reporting Security Vulnerabilities and Unauthorized Access. You shall immediately report to ClickBank any security vulnerability You discover in any of the ClickBank Services or the Licensed Materials. ClickBank reserves the right, in its sole discretion, to determine what constitutes a security vulnerability. You shall further immediately report any actual or suspected unauthorized access to the ClickBank API using Your API credentials. Failure to immediately report such vulnerabilities or unauthorized accesses shall be considered a material breach of this Agreement.
- No Phishing, Malware or Identity Theft. You shall not publish or link to malicious content intended to damage, disrupt or exploit a user's browser, computer or ClickBank account or to compromise a user's privacy or credentials in any manner. In addition, You shall not collect, or try to collect, a user's ClickBank credentials, including but not limited to usernames or passwords.
- No Spamming. You shall not use the ClickBank Services or ClickBank API, and shall not create Licensed Applications, for the purpose of "spamming." ClickBank reserves the right, in its sole discretion, to determine what actions constitute "spamming," and include posting numerous substantially identical pieces of Content, posting misleading or obfuscated links and executing a large number of native ClickBank actions in a short period of time.
- Respect for API Limitations. You shall respect and comply with the letter and the spirit of the programmatic limitations of the ClickBank API, as set forth in the API documentation, and the restrictions of this Agreement in designing and implementing Licensed Applications. For example, You shall not work around any explicit ClickBank API limitation using a series of non-API calls, even if such work-arounds are possible by avoiding use of the ClickBank API. Specific prohibited actions include the process of "page scraping," which is the process of downloading and parsing whole ClickBank pages in order to build Your Applications with capabilities beyond those intended to be provided by the ClickBank API. In addition, You shall comply with any limitations on the frequency of access, calls and use of the ClickBank API as provided to You by ClickBank from time to time.
- No Content Modifications. ClickBank delivers Content for use under this Agreement, including materials created by or otherwise originating from ClickBank and delivered as part of such Content ("ClickBank Content"). You shall not make any modifications to any Content, other than to modify the formatting of such Content in order to display it in a manner appropriate for the pertinent Licensed Applications. For example, Licensed Applications should not highlight data results within a display and externally link that data. In addition, You shall not remove, block or otherwise prevent delivery of any ClickBank Content, including but not limited to any promotional content such as the ClickBank knowledge base material.
- No Circumvention or Reverse Engineering; Maintenance of Proprietary Notices. You shall not, and shall not attempt to: (i) interfere with, modify or disable any features or functionality of the ClickBank Services or ClickBank API, including, without limitation, any mechanisms used to restrict or control the ClickBank Services or ClickBank API, such as anti-circumvention measures; (ii) translate, reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the ClickBank Services or the Licensed Materials; (iii) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the ClickBank Services or the Licensed Materials; or (iv) remove or modify any proprietary notices, attribution or marks from or delivered as part of the ClickBank Services or the Licensed Materials.
- Genuine Actions. You shall not create Licensed Applications with capabilities that in any way do not reflect explicit, genuine expressions of user intent and permission. For example, Your Applications should not automatically create contracts, should not establish joint venture relationships, or set affiliate commission values that the user has not explicitly authorized without (1) a specific interaction informing a user that such user is entering an agreement and (2) an explicit action by such user evincing permission for making such agreement.
- Indicating Use of the ClickBank Services and the ClickBank API. In a prominent location in all Licensed Applications, You should, to the extent reasonable based on the nature of the Licensed Application, indicate that such Licensed Applications have been created using the ClickBank Services and/or the ClickBank API, and shall comply with the ClickBank Trademark Guidelines in doing so.
- Use of ClickBank Marks. You may not, under any circumstances: (i) include in or use the ClickBank Marks, or any marks that are confusingly similar to or derivative of the ClickBank Marks ("Confusing Marks"), as part of Your trade name (registered or otherwise), logos or other identifiers; (ii) include in or use the ClickBank Marks or any Confusing Marks as part of any names, domain names logos or other identifiers of Your Applications; or (iii) use the ClickBank Marks or Confusing Marks in a manner that creates or may create a sense of endorsement, sponsorship or association with ClickBank, unless expressly permitted by ClickBank, in writing, to do so. All use of the ClickBank Marks, and any goodwill arising out of such use, shall inure to the benefit of ClickBank. You may freely state and disclose that You are using the ClickBank Services or the ClickBank API, as long as You adhere to all restrictions on using the ClickBank Marks set forth in this Agreement, the ClickBank Trademark Guidelines, and the Client Contract.
- No Misleading Users. You may not, under any circumstances, whether within a Licensed Application or in materials discussing or concerning a Licensed Application, mislead, confuse or cause misapprehension among users as to the features, functionality, origin, capabilities or other aspects of said Licensed Application, the ClickBank Services or the ClickBank API. You should not advertise or otherwise discuss your application in a way that confuses or misleads users about the application or about ClickBank.
- Monitoring. ClickBank reserves the right to monitor Your use of the Licensed Materials for any reason or no reason, including to ensure Your compliance with the terms and conditions of this Agreement.
- Reporting and Statistics. You shall ensure that Your applications properly use all reporting functionality that is made available through the ClickBank API that are used in or by Your applications.
You acknowledge and agree that ClickBank may modify this Agreement, the ClickBank Services, the ClickBank API and ClickBank Content Policy from time to time (a "Modification"). Except for modifications of the ClickBank Services, You will be notified of a Modification through notifications or posts on the Developer Website or through a form of direct communication from ClickBank to You including but not limited to e-mail or notifications through the ClickBank Services ("Client Notice"). You further acknowledge and agree that the ClickBank Services and the Licensed Materials may be modified at any time and without any notice to You. You shall, within thirty (30) days from the date of first notice of any Modification(s) (or such shorter period of time specified in the notice of the Modification(s)) comply with such modification(s) by implementing and using the most current version of the ClickBank API and making any changes to Your Applications that may be required as a result of such Modification(s). You acknowledge that a Modification may have an adverse effect on Your Applications, including but not limited to changing the manner in which Your Applications communicate with ClickBank Services and display Content. You acknowledge that Your sole recourse for such adverse effects is to terminate this Agreement pursuant to Section 10, and that Your continued access to or use of the ClickBank Services or any Licensed Materials following such thirty (30) day period shall constitute binding acceptance of the Modification(s) at issue. ClickBank will attempt, but is not obligated, to provide thirty (30) days notice of any Modification that is not backwards compatible or that ClickBank reasonably believes will remove or materially alter significant functionality of the ClickBank API.
- ClickBank. You acknowledge and agree that ClickBank and its licensors, retain all worldwide right, title and interest in and to the Licensed Materials, including all worldwide intellectual property rights therein. You also acknowledge and agree that, as between You and ClickBank, ClickBank owns all right, title and interest in and to the ClickBank Services, the ClickBank API, the ClickBank Marks, and any derivative works or enhancements thereof, including but not limited to all worldwide intellectual property rights therein. You agree not to act in any manner inconsistent with such ownership rights. Any of ClickBank's rights not expressly granted under this Agreement are retained. You agree that You will not challenge ClickBank's ownership of the ClickBank Marks, challenge the validity of the licenses granted under this Agreement, or otherwise copy or exploit the ClickBank Marks during or after termination of this Agreement, except as expressly authorized under this Agreement. If You acquire any rights in the ClickBank Marks or any confusingly similar marks, by operation of law or otherwise, You will, at no expense to ClickBank, immediately effectuate an assignment of such rights to ClickBank.
- You. As between You and ClickBank, You retain all worldwide right, title and interest in and to Your Applications, excluding the ClickBank Services, the Licensed Materials, the ClickBank Marks, and any derivative works or enhancements thereof, including but not limited to all intellectual property rights therein.
- Feedback. You may provide ClickBank with feedback or comments related to the Licensed Materials and/or Your experience with and use thereof ("Feedback"). You agree that ClickBank and its designees and assigns shall be free to copy, modify, create derivative works of, publicly display, disclose, distribute, license, sublicense, incorporate and otherwise use Feedback, including all derivative works thereof, for any and all purposes, commercial or otherwise, with no obligation of any kind to You.
This Agreement does not entitle You to any support for the Licensed Materials, unless You make separate arrangements with ClickBank for such support. Any such support provided by ClickBank shall be subject to the terms of this Agreement as modified by a separate support agreement. You are solely responsible for providing all support and technical assistance to end users of the Licensed Applications. You acknowledge and agree that ClickBank has no obligation to provide support or technical assistance directly to Your end users and You shall not represent to any of its end users that ClickBank is available to provide such support.
You may gain access to ClickBank's proprietary information, technical data, trade secrets or know-how, including, but not limited to, source code, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information that is either marked as "confidential" or disclosed in such a manner that it would be apparent it should be treated confidentially ("Confidential Information"). You may use Confidential Information only to the extent necessary to exercise Your rights under this Agreement. You may not disclose Confidential Information to a third party without the prior express consent of ClickBank, provided in writing or by email. You agree to protect Confidential Information from unauthorized use, access, or disclosure in the same manner that You would use to protect Your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
Term and Termination.
Survival. This Agreement shall commence on the Effective Date and will remain in effect until terminated pursuant to this Section. Either party may terminate this Agreement at any time, for any reason. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall cease using, and either return to ClickBank, or destroy and remove from all computers, hard drives, networks, and other storage media, all copies of the Licensed Materials, ClickBank User Information and any Confidential Information in Your possession, and You shall certify to ClickBank that such actions have occurred. Sections 3, 5, 6, 8 and 10-15 shall survive termination of this Agreement.
Representations and Warranties.
You represent and warrant that: (i) You have the necessary power and authority to enter into this Agreement, and that the performance of Your obligations will not constitute a breach or otherwise violate any other Agreement or the rights of any third party arising therefrom; (ii) You shall maintain, throughout the Term, all required rights and licenses related to the Licensed Applications and the Licensed Applications shall not infringe or otherwise violate any third party rights, including but not limited to third party intellectual property rights; and (iii) Your uses of the Licensed Materials do and shall comply with all applicable foreign, federal, state and local laws, rules and regulations.
Indemnification by You.
You will indemnify and hold ClickBank, its subsidiaries, affiliates, officers, employees and agents harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs and expenses brought by a third party arising out of or in connection with: (i) any act or omission by You in connection with Your use of the ClickBank Services or the Licensed Materials; (ii) Your use of the ClickBank Services or the Licensed Materials other than as expressly allowed by this Agreement; (iii) Your breach of this Agreement, including but not limited to Your representations and warranties herein; or (iv) any Licensed Application.
The ClickBank Services and the Licensed Materials are provided "as is" without warranty of any kind. ClickBank disclaims all warranties, whether express, implied or statutory, regarding the licensed materials and the ClickBank services, including without limitation any and all implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment, non-infringement of third-party rights and any warranties or conditions arising out of course of dealing or usage of trade. Further, ClickBank disclaims any warranty that Your use of the ClickBank Services or the Licensed Materials will meet any or all of Your requirements or that such use will be uninterrupted, error-free, virus-free or secure. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations and exclusions may not apply to you.
Limitation of Liability.
In no event shall ClickBank be liable to You for any special, incidental, indirect, direct, exemplary, punitive, compensatory or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this Agreement, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not ClickBank has been advised of the possibility of such loss or damage. Any claim arising out of or relating to this Agreement must be brought within one (1) year. In any case, ClickBank's aggregate liability under this Agreement will not exceed fifty U.S. dollars (US$50.00). The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.