Awin | LoveBook LLC Affiliate Program

LOVEBOOK ONLINE AFFILIATE TERMS & CONDITIONS

This agreement describes the terms and conditions for participation in the LoveBookOnline.com Affiliate Program. The terms "Affiliate," “publisher,” "you," and "your" are referring to you, the applicant. "We" and "our" refer to LoveBook LLC.
We are independent parties and this agreement will not form any partnership.

ENROLLMENT Once we receive your application, it will go into a review process. We reserve the right to reject any requests. Submitting examples of the websites that will be using our assets will help in our decision making.

GENERAL PUBLISHER OBLIGATIONS.

Publisher shall not modify or alter any Offer or any graphic file(s) or creative work made available to Publisher for use in an Offer ("Creative") in any manner. Publisher will only run approved banners and text in its advertising of Offers and will not create its own banners or advertising text based on the Creative or Offer, unless expressly approved in writing from Merchant. Any other use of Offers or Creative will result in immediate termination of this Agreement and the loss of payment of Leads.

Publisher shall not place an Offer on a website or in any other context with inappropriate content, which includes, but is not limited to, content that (i) contains or promotes the use of alcohol, tobacco or illegal substances, pornography, phone sex or escort services, expletives or other inappropriate language; (ii) promotes gratuitous violence, abuses or threatens physical harm; (iii) promotes illegal or unethical activity, racism, hate, "spam," mail fraud, gambling, sweepstakes, pyramid schemes, investment and money-making opportunities or illegal advice; (iv) promotes the use of illegal activities, such as how to build a bomb, counterfeiting money and software pirating (e.g., Warez, Hotline); (v) is libelous, defamatory, infringing, false, misleading or contrary to public policy; (vi) is otherwise prohibited by federal or state law; (vii) may bring Merchant and/or its associated Advertisers negative publicity; (viii) introduces viruses, worms, harmful code and/or Trojan horses on the Internet; (ix) discriminates based on race, sex, religion, nationality, disability, sexual orientation or age; (x) violates intellectual property rights; or (xi) is otherwise objectionable to Merchant, in its sole discretion.

Publisher shall not engage in any deceptive or misleading form of advertising or marketing, which includes, but is not limited to, phishing (the practice of sending an email to an individual, falsely claiming to be an established legitimate enterprise in an attempt to scam or defraud the user into surrendering private and personal information that can be used for identity theft, or for any other purpose), cybersquatting, typosquatting or combosquatting.

Publisher shall operate in compliance with all applicable laws, regulations, decisions and industry best practices, including but not limited to: (i) Section 5 of the Federal Trade Commission Act and any current or future rules, regulations, orders, guides or other interpretation issued by the Federal Trade Commission (“FTC”) of Section 5, and (ii) the Direct Marketing Association’s Best Practices for Online Advertising and Publisher Marketing. Without limiting the foregoing, Publisher agrees to comply with the FTC’s Endorsement Guides currently located at https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking, with respect to any endorsements made as part of its services hereunder, including, without limitation, properly disclosing that Publisher receives consideration for reviewing, promoting and/or recommending a product or service or engaging in any type of influence marketing.

If Publisher is distributing an Offer outside the United States, Publisher represents and warrants that (1) it is familiar with the particular laws, regulations and industry customs in those countries in which is distributing the Offer, (2) it has previous experience distributing offers in such countries, and (3) it will comply with all such laws, regulations and industry customs.

For an Offer to be distributed on wireless devices, such as cell phones and tablets, Publisher agrees to: (i) comply with all applicable laws and regulations regarding marketing to wireless devices; (ii) comply with all rules, terms and policies of the wireless service provider and the maker(s) of the wireless device and operating system running on such device, (iii) not install any software, cookies or application to the device without the express affirmative consent of the User; and (iv) provide such data regarding the Leads as may be required by Merchant or its Advertiser from time to time, including, UDID numbers for each Lead and geo and time/date of the Lead generation.

MUTUAL REPRESENTATIONS AND WARRANTIES. Each party represents and warrants to the other party that (i) such party has the full corporate or organizational right, power, and authority to enter into the Agreement and to perform the acts required of it, (ii) the execution of or electronic agreement to this Agreement by such party, and the performance by such party of its obligations and duties, do not and will not violate any agreement to which such party is a party or by which it is otherwise bound, or any applicable federal, state or municipal law or regulation to which it is subject, (iii) each party shall render all services to the other party in a professional and commercially reasonable manner, in accordance with generally accepted industry standards; and (iv) each party owns or has the authority and valid license to use all intellectual property and content on its website(s).

Each party also represents and warrants that it is fully compliant with applicable privacy and information security laws. Each party shall provide clear and conspicuous notice for, and fully disclose, its respective privacy policy and practices to visitors to its website(s).

LIMITATION OF LIABILITY; NO ADDITIONAL WARRANTIES; INDEMNIFICATION. THE WEBSITES OF MERCHANT AND ADVERTISERS (INCLUDING ANY REPORTING SITE) AND THE OFFERS ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MERCHANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS) EVEN IF IT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MERCHANT'S LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, BE GREATER THAN THE TOTAL AMOUNT PAID WITHIN THE PRIOR SIX MONTHS BY MERCHANT TO PUBLISHER HEREUNDER.

Indemnification. Each party agrees to indemnify, defend and hold harmless the other, its subsidiaries, advertisers, vendors and suppliers, and each of their respective agents, partners, officers, directors and employees from and against any third party loss, cost, claim, injury or damage (including reasonable attorneys' fees) arising out of or related to a breach of such party's representations or warranties made in this Agreement or a breach of the terms and conditions of this Agreement.

GENERAL.

Governing Law. The rights and obligations of the parties under or arising out of this Agreement shall be governed by and construed under the laws of the State of Colorado without reference to its conflict of laws principles.

Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any Internet outage, act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party.

ALLOWED MARKETING CHANNELS & RESTRICTIONS:

Allowed Distribution: Content/Blog, Display, Mobile, Newsletter

Prohibited Distribution: Search*, Toolbar, Network/ Re-brokering

Approval Only: Deal/Coupon, Email, Incent, Video *We do not allow the use of our Trademark terms, Trademark+ terms or display URL on search engines

INCENTIVIZED TRAFFIC:

Any trafficking from websites that are point, lottery or rewards based and encourage users to click on Offers or use Offers to generate revenue for users to win points, get rewards, or other incentives are prohibited, unless approved in writing.

LINKING TO OUR WEBSITE

Upon acceptance into the program, links will be made available to you through the affiliate interface. Your acceptance in our program means you will agree to and abide by the following.

You agree that you will only use linking code obtained from the affiliate interface without manipulation.

All domains that use your affiliate link must be listed in your affiliate profile.

You hereby agree that your Website will not in any way copy, resemble, or mirror the look and feel of our Website.

You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.

Cookie stuffing, pop-ups, false or misleading links are strictly prohibited. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).

Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is expressly prohibited and is a direct violation of the program terms. If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.

Trademarked Terms: LoveBook, www.LoveBookOnline.com

COUPON SITES

We currently do not accept coupon sites into the LoveBook Affiliate Program.

DOMAIN NAMES

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. lovebookonline.website.com or www.lovebookonline-coupons.com

KEYWORDS & SEARCH ENGINES

If Publisher engages in any keyword search marketing hereunder, Publisher shall (1) comply with all rules, requirements and terms of the particular search engine being used, (2) not infringe upon any trademark or other intellectual property rights of any third parties, and (3) comply with all terms and requirements of the Advertisers with respect to search marketing. Publisher shall also comply with the following:

Publisher may not bid on any of Merchant or Advertiser terms, including any variations or misspellings thereof, for search or content based campaigns on Google, Bing, Yahoo or any other network.

LoveBook

LoveBookOnline

Love Book Online

Love Book Online.com

LoveBook Coupons

LoveBooks

Love Books

Love Book Coupons

TheLoveBook

The Love Book

Publisher may not use Merchant or Advertiser terms in sequence with any other keyword.

Publisher may not use Merchant or Advertiser terms in its ad title, ad copy, display name or as the display url.

Publisher may not direct link to Merchant or Advertiser website from any pay per Click ad or use redirects that yield the same result.

If Publisher automates its search campaigns, Publisher shall be responsible to exclude Merchant and Advertiser terms from its program. We have a strict no tolerance policy on search term bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning.

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting such material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.

E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of LoveBook.

E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.

REVERSAL & COMMUNICATION POLICY

We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

You are not forthcoming, intentionally vague or are found to be lying

You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.

You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof

If any of the above applies, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that they have the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules. Only coupons provided through the Impact Radius platform are valid for commission. Any promo code used that is not provided to your publisher account through this platform are subject to reversals.

AGREEMENT DURATION

This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

DISCLAIMER

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the LoveBook Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.

This Agreement will be governed by the laws of the United States and the District of Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Rochester, MI, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

LoveBook LLC

Program Terms