ClickBank Physical Product Addendum

Before beginning as a ClickBank Seller, you must read, review, sign, and submit the ClickBank Physical Product Addendum. Failure to do so will inhibit your ability to sell physical products via the ClickBank Marketplace. 

ClickBank Physical Product Addendum

This CLICKBANK PHYSICAL PRODUCT ADDENDUM (this “Addendum”), is incorporated as part of, and is governed by the terms and conditions of, the ClickBank Client Contract. Your use of the ClickBank Services indicates your agreement with this Addendum. Capitalized terms used, but not defined, in this Addendum have the meanings given to them in the Client Contract. This Addendum is a supplement and addition to the Client Contract. Except where explicitly stated, this Addendum’s terms and conditions do not replace the terms and conditions of the Client Contract. However, if there is any conflict or inconsistency between the terms of this Addendum and the Client Contract, the terms of this Addendum prevail.

1. PROMOTING PHYSICAL PRODUCTS.

Subject to the terms and conditions of this Addendum, You may Promote tangible, non-digital physical products, as such products are approved by ClickBank (“Physical Products”) via the ClickBank Services. You represent, covenant, and warrant that You shall not Promote any Physical Products to anyone under the age of eighteen (18).

2. SELLING PHYSICAL PRODUCTS.

If You register any Physical Products for sale via the ClickBank Services, You represent, covenant, and warrant that:

(a) Pre-approval from the U.S. Food and Drug Administration (“FDA”) is not required for any Physical Products provided by You or Your third-party fulfillment vendor (“Third Party Vendor”).

(b) You will not make any claims regarding the Physical Products other than those permitted under Section 403(r)(6) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 343(r)(6)(A).

(c) You have obtained ClickBank’s approval prior to registering a Physical Products for sale via the ClickBank Services. Upon ClickBank’s request, You shall supply a reasonable number of Physical Product production samples for ClickBank’s review. If requested by ClickBank, You shall modify the Physical Products prior to being approved for sale via the ClickBank Services.

(d) You understand and acknowledge that approval of the sale of a Physical Product via the ClickBank Services is in ClickBank’s sole and absolute discretion.

(e) You and Your Physical Products will comply with all laws of Your jurisdiction and all applicable U.S. federal and state laws and regulations.

(f) You shall deliver Physical Products to purchasers within thirty (30) days following receipt of payment in accordance with 16 C.F.R. § 435.2.

(g) If You offer and sell a Physical Product to residents of countries other than the United States (collectively, “Foreign Jurisdictions”), all such Physical Products will comply with the applicable laws and regulations of such Foreign Jurisdictions.

(h) With respect to retail transactions with residents of Foreign Jurisdictions, ClickBank will pay, collect, and remit any applicable transfer taxes for any retail transaction (including but not limited to any value-added (VAT) taxes or sales taxes) where it is legally required to do so. Where ClickBank does not pay, collect and remit such transfer taxes on a retail transaction with a resident of a Foreign Jurisdiction, You may have the legal obligation to pay, collect and/or remit such taxes. If such an obligation arises with respect to any particular Foreign Jurisdiction, You are solely responsible for the timely payment, collection and/or remittance of such tax and any interest or penalties.

(i) If and to the extent You use third parties (including any Third Party Vendor) to promote, sell, or otherwise provide Physical Products to purchasers, You are responsible for all acts and omissions of such third parties.

(j) At ClickBank’s request, You shall include governing law provisions similar to those set forth in Section 19 of the Client Contract in Your agreements with purchasers, suppliers, and manufacturers.

(k) You shall take all reasonable steps to abate any health or safety risks posed by Your Physical Product, which may include, without limitation, voluntary product recalls. You have complete responsibility for determining if a recall of any Physical Products is required and shall comply with any recall suggested by the FDA or other regulatory body. ClickBank is not responsible for any costs and expenses associated with any recall of the Physical Products and You shall indemnify, defend, and hold harmless the ClickBank parties with regard to any expenditure of time or money related to any product recall.

3. INSURANCE. 

Unless explicitly waived by ClickBank, You shall obtain insurance and comply with the provisions of this Section 3.

(a) You shall secure at Your own cost, and maintain at all times during which You have Physical Products registered for sale via the ClickBank Services, the minimum limits of insurance and endorsements set forth on Schedule 1.

(b) ClickBank may require additional insurance or higher minimum limits than those listed in subsection (a). If ClickBank requires such additional insurance and/or higher minimum limits, then ClickBank will notify You in writing of the necessary insurance requirements. In such case, You shall cooperate with ClickBank in obtaining the necessary additional insurance or higher minimum limits.

(c) You are solely responsible for any deductibles or other similar obligation under the policies. If coverage is “claims made,” the retroactive date must be prior to Your registering Your Physical Product for sale via the ClickBank Services. Other coverage available to Seller shall be excess of ClickBank’s coverage and shall not be called upon to contribute to the defense or settlement of claims until Seller's coverage has been exhausted. Approval of your Physical Product is contingent upon Your providing ClickBank Certificates of Insurance, evidencing the coverage, including any exhibit or reference to any ingredient or product exclusions. If coverage for ClickBank is provided by endorsement to the policy, You shall provide copies of the operative endorsement with the Certificates of Insurance.

(d) During the term of this Addendum, You shall not make any material change in coverage or cancel the policies. Your insurance may not exclude any ingredient, feature, design element or product category that is relevant to the Physical Products.

(e) You shall annually renew coverage and submit updated Certificates of Insurance and if requested, policies, binders, and certificates to ClickBank.

(f) These insurance requirements remain in effect for a period of five (5) years following expiration or termination of this Addendum.

CLICKBANK DOES NOT REPRESENT THAT THE COVERAGE AND LIMITS REQUIRED HEREUNDER WILL BE ADEQUATE TO PROTECT YOU AND SUCH COVERAGE AND LIMITS ARE NOT A LIMITATION OF YOUR LIABILITY TO CLICKBANK, IF ANY, ARISING UNDER THE AGREEMENT.

4. TERMINATION. 

The terms and conditions of this Addendum remain in effect for so long as You have Physical Products registered for sale via the ClickBank Services.


5. EMAIL, TEXT MESSAGES AND TELEMARKETING.

(a) In addition to the email, text message and telemarking provisions contained in Section 6 of the Client Contract, if You send, or cause to be sent, any emails to residents of Foreign Jurisdictions in connection with the direct or indirect Promotion or sale of any Physical Product and/or Your use of the ClickBank Services, then You shall comply with all applicable laws and regulations of such Foreign Jurisdictions regarding the use of electronic messages.

(b) If You receive approval regarding text messaging or telemarking pursuant to Section 6(c) of the Client Contract, and You send, or cause to be sent, any text messages or uses or procures the use of telemarketing activities in connection with the direct or indirect Promotion or sale of any Physical Product and/or Your use of the ClickBank services with respect to residents of Foreign Jurisdictions, then You represent, covenant, and warrant that all such text messages and telemarketing activities will be in full compliance with all applicable laws and regulations of such Foreign Jurisdictions that apply to sending electronic messages and conducting telemarketing activities


6. IMPORT AND CUSTOMS COMPLIANCE.

You acknowledge and agree that upon selling and shipping supplements to any resident of a Foreign Jurisdiction, You are responsible for payment of all duties, fees and taxes imposed or incurred as a result of importation of supplements into the Foreign Jurisdiction, including taxes, brokerage/agent clearance fees, documentation preparation and handling or delivery fees, storage/demurrage fees, visa/licensing fees, and any penalties (and interest assessed on such penalties) resulting from import regulation violations or costs associated with post entry declaration corrections.  Without limiting the foregoing, should any particular Foreign Jurisdiction have a “personal use” or similar exemption from its import and customs laws, You are solely responsible for qualifying any particular sale or shipment of Physical Products for such exemption, including but not limited to the preparation and handling of any related documentation.

7. REPRESENTATIONS AND WARRANTIES.

In addition to the other representations and warranties set forth in this Addendum and the Client Contract, You represent and warrant that:

(a) You and Your Physical Products, Promotions, and/or Submissions, as applicable, do not and will not, directly or indirectly: (i) violate the right of privacy or publicity of any person or entity; (ii) contain any libelous, obscene, indecent, or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any person or entity; (iv) violate any applicable laws, rules, regulations, guidelines, or industry standards, including, without limitation, all U.S. federal and state laws and regulations that are applicable to the manufacturing, marketing, promotion, advertising, sale, and distribution of Physical Products, including any FDA and FTC laws or regulations; (v) violate California’s Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq. (“Proposition 65”); or (vi) violate ClickBank’s Privacy Policy.

(b) Your products are manufactured in compliance with all federal and state laws, including the current Good Manufacturing Practices (cGMPs) promulgated by the FDA. 

SCHEDULE 1
PHYSICAL PRODUCT CHECKLIST

Important:If you supply products for sale on ClickBank, you must comply with all federal, state, and local laws and ClickBank policies applicable to those products and product listings.

☐ Label Artwork. Please provide all final label artwork file(s) in full color (in .jpg, .pdf, or .png format) for every SKU submitted for review.

Please note that any subsequent label changes must be resubmitted as new labels for review. A “label change” includes any kind of change to the label, including (for example) but not limited to: product size, label graphics, font, claims, ingredients, new flavor(s), or formulation, etc.

☐  Name and Address of manufacturer.  Please provide the legal name for the manufacturer of the product, along with the complete physical address, and website URL if available.

☐  Name and Address of Fulfillment Company.  Please provide the legal name for the manufacturer of the product, along with the complete physical address, and website URL if available.

☐ Seller Company Name. Please provide the legal name and address of the company who owns the product(s) / brands under submission.

☐ Product Sample. If requested, please submit a full-sized, finished product sample unit, as it ships to the consumer, of each proposed SKU (all sizes and flavors) for review to:

 ClickBank Regulatory Compliance
Attn:  Joie Mason
1444 S. Entertainment Ave, Ste. 410
Boise, ID  83709

 *** Please note that, as part of the physical product compliance process, certain product types – all sexual enhancement and nootropic supplements, along with some weight loss and testosterone boosters – will be tested by a 3^rd-party lab of ClickBank’s choice and billed to the product owner. ***

☐ cGMP Compliance. Certificates may be requested showing that your manufacturing process and/or contract manufacturers comply with the FDA’s Current Good Manufacturing Practices.  Voluntary submission of cGMP certification for your manufacturer is encouraged.

☐ Certificates of Analysis. Certificates of analysis for your products may be requested to verify compliance with the identity and finished product testing required pursuant to cGMP.

☐ Legal / Regulatory Actions. Please provide copies of all warning letters, complaints, consent decrees, orders, or other documents related to legal, administrative or regulatory proceedings, investigation, or action relating to you or your product(s) and/or company, without limitation and in perpetuity.

☐ Insurance. Please provide a Certificate of Insurance and policy endorsements as proof that you have procured and maintain liability insurance issued to your company as the brand owner, with limits as set forth below, with Click Sales Inc., 1444 S. Entertainment Ave., Ste. 410, Boise ID  83709, named as an additional insured on the required policy. 

Please forward the following coverage and endorsement requirements to your insurance carrier to ensure your policy meets the minimum requirements. 

 
The policy must include the following endorsements (see attached sample COI) with copies forwarded to ClickBank at the time of issue: 

• Additional Insured 
• Primary and Noncontributory – Other Insurance Condition Endorsement (if ingestible) 
• Waive of Subrogation 
• 30-Day Cancellation Notice/10-Day Cancellation Notice for Nonpayment of Premium

You agree to provide to Click Sales Inc. current Certificates of Insurance at the time of policy renewal while your product(s) is actively selling through ClickBank.com. If we do not receive a current Certificate of Insurance by the expiry date, we will halt sales of your product(s).

If you or your insurance carrier have questions about any of the above, please contact Joie Mason at joie.mason@clickbank. 

We recommend, as a best practice and as an additional layer of protection, that you confirm with your manufacturing facility that they also carry product liability insurance, naming your company as an additional insured, are Primary and Noncontributory to your insurance, and they agree to Waive Subrogation.

☐ Marketing Copy. Please provide copies of all final marketing material copy, including text and images on all web pages, pitch pages and upsell flow pages, or physical inserts or booklets, that will be presented to customers during a ClickBank transaction. Files must be received in the form of text and image files (no locked or unsearchable PDFs, please) for review. Please note that any subsequent changes must be resubmitted for re-review.

We reserve the right to request additional documentation or certifications at any point in time.