If You qualify and agree to participate as an Affiliate, you may use a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which are subject to the terms and conditions hereof. The Links will serve to establish a Link from Your site or e-mail to Ours. The Links may connect to any area of Our site (although commissions will only be issued on Qualified Purchases). In utilizing the Links, You agree that You will cooperate fully with Us in order to establish and maintain such Links. In no way may you ever mention, offer, or purport to have any discounts or coupons relating to our products or brands.
E-mails and Publicity
You shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as "SPAM") without prior written consent from VINGLACÉ.
Subject to the limitations set forth above and otherwise in this Agreement, we grant you a non-exclusive, non-transferable, revocable license to (i) access our site through the links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use the VINGLACÉ trademark and logo and similar identifying material relating to us (but only in the form(s) that they are provided by us) (collectively, the "Licensed Materials"), for the sole purpose of writing about VINGLACÉ Products and Services on your site and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that You are a member in good standing.
You shall not make any specific use of any Licensed Materials for purposes other than writing about VINGLACÉ Products and Services. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays VINGLACÉ, any hosted member of VINGLACÉ or any VINGLACÉ employee or representative in a negative light. We reserve all of Our rights in the Licensed Materials and of Our other proprietary rights. We may revoke Your license at any time.
EXCEPT AS PERMITTED ABOVE, IT IS FORBIDDEN for the Affiliate to:
• use non-requested email (spam), pop-ups, pop-under, exit pages as well as any other techniques obviously or secretly driving Clients to the VINGLACÉ website;
• replace, intercept, interfere with, hinder, disrupt or otherwise alter a Client access, view or usage of Affiliate site, a Link or a Vendor web site, including without limitation any click-through or track-based transaction.
• advertise the VINGLACÉ Vendor products or services employing cookie stuffing techniques including, but not limited to, pop-ups, frames, images, Javascript or stylesheets.
• place Links in any manner which may (intentionally or unintentionally) mislead any Client.
• cause any use of a Link in bad faith or through fraudulent means, including, but not limited to, using any device, program, robot, inline frames, hidden frames, or redirects.
• use automatic redirection to VINGLACÉ site or any automatically method for saving a cookie of an Affiliate.
• use outbound / unsolicited calling techniques, can only promote / sell services through inbound calls.
• sell services / products other than the object of the eCommerce transaction he is sending to VINGLACÉ as referral.
• promote services through scare-ware sales tactics.
• place live-orders through the VINGLACÉ platform with customer/end-user payment credentials (card, paypal, etc),
• Use unapproved descriptions or other references, as well as images, graphic representations or texts for promoting products from the VINGLACÉ Affiliate Network.
• Use misleading advertising or fraudulently use any public figures names, pictures, brands, materials of any kind that may be under copyright infringement or for which it does not have written approval from the copyright owner/ entity.
YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE VINGLACÉ TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) (ALL OF THE FOREGOING, INCLUDING WITHOUT LIMITATION, THE "LINKS" AND THE "LICENSED MATERIALS" (DEFINED BELOW), ARE REFERRED TO HEREIN AS "OUR IP"), WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE OUR IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) CAUSE OR CREATE OR ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST CONFUSION" OVER THE USE OF OUR IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF OUR IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER (IN ADDITION TO BEING A BREACH OF THIS AGREEMENT) SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF OUR TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING WITHOUT LIMITATION, TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY OUR LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH WE SEEK TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF OUR INTELLECTUAL PROPERTY RIGHTS.
You may not use VINGLACÉ, or any misspelling of VINGLACÉ, for Pay-Per-Click bidding. Nor may you use any combination of words including VINGLACÉ for Pay-Per-Click bidding.
