LEVO Oil Infusion Affiliate Marketing Program Agreement
This Affiliate Marketing Program Agreement (the "Agreement") contains
the terms and conditions that apply to your participation in the LEVO Oil Infusion
affiliate marketing program (the "Program").
Please read this Agreement carefully. By participating in the Program,
you represent that you ("Affiliate" or "you" or "your") have read, fully
understand and agree to the terms of this Agreement with LEVO Oil Infusion,
Inc. dba LEVO Oil Infusion ("LEVO Oil Infusion" or "we" or "us" or "our"). In
addition, if this Agreement is being executed on behalf of a legal entity, you
represent and warrant that you are authorized to legally bind that entity to this
Agreement. If you do not agree to these terms, do not participate in the Program.
1. PARTICIPATION
You may apply to participate in the Program by providing all the
information required by ShareASale in connection with becoming a
ShareASale affiliate and by accepting the terms of this Agreement. If you
apply to the program, we will review your website and notify you of your
acceptance or rejection into our Program. We reserve the right to accept
or reject your application in our sole discretion; however, we encourage
you to contact us if you feel we have made an incorrect decision.
Including all of the websites that you use in your profile will help us
make a better decision. If your application is accepted, you may obtain
such discounts and affiliate commissions as are offered pursuant to
this Program for so long as this Agreement is not terminated.
2. WEBSITE GUIDELINES
Your affiliate website(s) ("Your Website") may not:
Infringe on our or any anyone else's intellectual property, publicity,
privacy or other rights.
Violate any law, rule or regulation.
Contain any content that is threatening, harassing, defamatory, obscene,
harmful to minors, or contain nudity, pornography or sexually explicit
materials.
Contain any viruses, Trojan horses, worms, time bombs, cancel bots, or
other computer programming routines that are intended to damage,
interfere with, surreptitiously intercept or expropriate any system,
data, or personal information.
Contain software or use technology that attempts to intercept, divert
or redirect Internet traffic to or from any other website, or that
potentially enables the diversion of affiliate commissions from another
website.
Mislead customers as to the products or services available on Your
Website or on the LEVO Oil Infusion USA website, located at levooil.com
(the "LEVO Oil Infusion Site").
3. LINKING TO LEVOOIL.COM
Upon acceptance into the Program, links will be made available to you
through the ShareASale affiliate website. Your acceptance in our Program
means you agree to abide by the following.
You will only use linking code obtained from the ShareASale affiliate
website without manipulation.
All domains that use your affiliate link must be listed in your
affiliate profile on the ShareASale affiliate website.
Affiliates may not advertise our products on websites that they do not
own. For example, Google Product Search, Amazon, eBay or any comparison
shopping engines.
Your Website will not in any way copy, resemble, or mirror the look and
feel of the LEVO Oil Infusion Site. You will also not use any means to create
the impression that Your Website is the LEVO Oil Infusion Site or any part of
the LEVO Oil Infusion Site including, without limitation, framing the LEVO Oil
Infusion Site in any manner.
You may not engage in cookie stuffing or include pop-ups, false or
misleading links on Your Website. In addition, wherever possible, you
will not attempt to mask the referring URL information (i.e. the page
from where the click is originating).
You may not use 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.
You may not create any links that lead the customer to a destination
site that is not clearly suggested by the content of the starting site.
You may not use your affiliate links to claim commissions for your own
purchases on LEVO Oil Infusion.
4. PAY-PER-CLICK ("PPC") GUIDELINES
If you are approved for this Program and utilize PPC advertising, you
must observe our PPC guidelines. You may not:
Bid on any of our Trademarks, as defined in Section 5, including any
variations or misspellings thereof for search or content based campaigns
on Google, Microsoft Bing or any other network.
Use our Trademarks in sequence with any other keyword (e.g. LEVO Oil Infusion
Coupons)
Use our Trademarks in your ad title, ad copy, display name or as the
display URL
Direct link to the LEVO Oil Infusion Site from any PPC ad or use redirects
that yield the same result. Affiliates must be directed to an actual
page on Your Website.
Bid in any manner appearing higher than LEVO Oil Infusion for any search term
in position 1-5 in any auction style PPC advertising program.
If your PPC campaigns are automated, it is your responsibility to
exclude our Trademarks from your PPC advertising program and we
strongly encourage you to add our Trademarks as negative keywords. We
have a stringent no tolerance policy on PPC trademark bidding. If you
engage in PPC trademark bidding that uses our Trademarks, your
participation in the Program will be terminated immediately.
5. TRADEMARKS
Upon acceptance into the Program, LEVO Oil Infusion grants you a limited,
non-exclusive, revocable, royalty-free right to use the Trademarks of
LEVO Oil Infusion during the term of this Agreement solely to in connection
with your participation in the Program, provided that you shall not:
(a) use the Trademarks in any manner to communicate or suggest any
sponsorship or other connection between LEVO Oil Infusion and you other than
your participation in the Program, and (b) harm or adversely affect the
Trademarks or the goodwill associated with the Trademarks. All
promotional messaging and materials used by you containing such
Trademarks shall be subject to LEVO Oil Infusion's prior written approval.
Except for the limited license provided in this Agreement, LEVO Oil Infusion
reserves all rights in and to the Trademarks and the goodwill associated
therewith. All uses of the Trademarks by you shall inure to the benefit
of LEVO Oil Infusion. You shall not acquire, directly or by implication, any
rights or license in the Trademarks except as expressly provided in this
Agreement. Your right to use the Trademarks will terminate immediately
if you violate any of the terms of this Agreement. For purposes of this
Agreement, "Trademarks" means "LEVO Oil Infusion," "LEVOOil.com," the
LEVO Oil Infusion logos and such other names, logos, trade names, trademarks,
service marks, trade dress, design marks, brands, copyrights in any
designs and other copyrightable subject matter, and other product
identifiers of LEVO Oil Infusion as LEVO Oil Infusion may from time to time notify
you to be Trademarks within the meaning of this Agreement.
6. COUPON GUIDELINES
If you are enrolled in our Program and Your Website promotes coupon
codes, you must adhere to our Coupon Guidelines as follows:
You may ONLY advertise coupon codes that are provided to you through the
Program or that are displayed on the LEVO Oil Infusion Site. Sales made with coupon codes that are assigned to other affiliates and partners will be voided.
Coupons must be displayed in their entirety with the full offer, valid
expiration date and code.
7. DOMAIN GUIDELINES
Using of any of our Trademarks as part of the domain or sub-domain (for
example levooil.website.com or www.levooil-coupons.com) for Your
Website is strictly prohibited.
8. ADVERTISING
Upon acceptance into the Program, LEVO Oil Infusion grants to you a
nonexclusive, nontransferable license (the "License") to use certain
banner advertisements, button links, text links, and/or other graphic or
textual material (the "Promotional Materials") for display and use on
Your Website. The term of the License shall expire upon the expiration
or termination of this Agreement. You may not subcontract, assign,
resell, lease, or sublicense any part of your participation in the
Program or run a sub-affiliate program. LEVO Oil Infusion may make Promotional
Materials available to you to display and use on Your Website provided
that the manner of display complies with the following requirements:
You may only use the Promotional Materials to promote the LEVO Oil Infusion
Site (and the products available thereon), and for linking to the
LEVO Oil Infusion Site. You shall use only such links to the LEVO Oil Infusion Site
as are provided to you by LEVO Oil Infusion.
You shall not alter, add to, subtract from, or otherwise modify the
Promotional Materials as they are prepared by LEVO Oil Infusion without
consent from LEVO Oil Infusion. If you wish to alter or otherwise modify the
Promotional Materials, you must obtain prior written consent from
LEVO Oil Infusion for such alteration of modification.
9. REVERSALS & COMMUNICATION
LEVO Oil Infusion reserves the right to reverse orders due to order
cancellations, duplicate tracking, returns, disputed charges, and
violations of the Program as defined in this Agreement.
Additionally, if we ask you for clarification or more information on any
orders or clicks that we suspect may be in violation of this Agreement,
we expect a response from you within 72 hours or your participation will
be suspended. Below are violations of this communication 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.
We reserve the right to reverse orders, set your commission to 0% or
suspend you from the Program for the period or orders in question if
any of the above applies. We understand many violations are a result of
automated processes; however, it is incumbent upon you to ensure that you
have the appropriate measurements and processes in place to address
these issues.
10. INTELLECTUAL PROPERTY
LEVO Oil Infusion retains all right, title, ownership, and interest in the
Promotional Materials and Trademarks, including any and all copyright,
trademark, or other intellectual property rights therein. Nothing in this
Agreement shall be construed to grant you any right, title or ownership
in the Promotional Materials, or in the underlying intellectual property,
other than the right to use the Promotional Materials in accordance with
the License, as set forth in Section 8.
11. RELATIONSHIP OF PARTIES
This Agreement shall not be construed to create any employment
relationship, agency relationship, or partnership between LEVO Oil Infusion
and you. You shall provide services for LEVO Oil Infusion as an independent
contractor. You shall have no authority to bind LEVO Oil Infusion to any
agreement, nor shall you be considered to be an agent of LEVO Oil Infusion in
any respect.
12. CREATIVE USAGE
By participating in this program, you agree that LEVO has the right to share any Affiliate creative content featuring LEVO machines, LEVO accessories, or mentions of LEVO on all social media channels (Instagram, TikTok, Facebook, Twitter, LinkedIn, Reddit, Snapchat, and Pinterest). Credit will be given to the Affiliate. LEVO has the right to share video on website, newsletter and marketing materials if needed.
13. AFFILIATE COMMISSIONS
Upon acceptance into the Program, you will be eligible to receive an
affiliate commission (the "Commission") for the successful completion of
Eligible Purchases. An "Eligible Purchase" occurs when a customer (not
you) clicks-through the link (supplied by LEVO Oil Infusion to you) to the
LEVO Oil Infusion Site and successfully completes a purchase for which
LEVO Oil Infusion receives and retains payment. To be an Eligible Purchase,
the sale must be completed by a customer that is physically located in
the United States. The current rates of Commission shall be set forth in
your ShareASale affiliate program located on the ShareASale affiliate
website. LEVO Oil Infusion reserves the right to modify the Commission rate
from time to time, in its sole discretion. LEVO Oil Infusion is responsible
for authorizing Commission payments and ShareASale will be solely
responsible for fulfilling and transferring all Commission payments in
accordance with the ShareASale Agreement. LEVO Oil Infusion will be entitled to
withhold, deduct and set off from any payments to be made to you
hereunder any sums owed by you to LEVO Oil Infusion, whether in connection
with this Agreement (including any breach hereof by you) or otherwise.
14. NEXUS TAX LEGISLATION
LEVO Oil Infusion is not responsible for providing tax or legal advice to its
affiliates in regards to the Click-Through Nexus Tax legislation that may
or may not also include Affiliate nexus tax legislation, and therefore
disclaims all liability and responsibility arising from any legal matter
related to Click-Through Nexus Tax legislation. Affiliate is responsible
for consulting with tax and legal experts to ensure compliance with all
relevant state tax provisions.
15. DISCLAIMER
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO
THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER
NO CIRCUMSTANCES SHALL LEVO OIL INFUSION BE LIABLE TO YOU UNDER THESE TERMS,
UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL
OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM
(INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS
OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL LEVO OIL INFUSION'S LIABILITY TO YOU OR ANY
THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT,
WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER
LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU
UNDER THIS AGREEMENT. LEVO OIL INFUSION DOES NOT WARRANT OR GUARANTEE ANY
RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND
PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN
IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH LEVO Oil Infusion
WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. LEVO OIL INFUSION DISCLAIMS
ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED
BY LAW), REGARDING THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO
REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT
LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR
PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALL
BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF
LEVO OIL INFUSION WHATSOEVER.
16. INDEMNIFICATION
YOU SHALL INDEMNIFY AND HOLD HARMLESS LEVO OIL INFUSION FROM ANY CLAIM, DAMAGE,
LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL
ACT RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR
BREACH OF THIS AGREEMENT. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS
LEVO OIL INFUSION FROM ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE USE
OR MISUSE BY YOU OF THE TRADEMARKS OR PROMOTIONAL MATERIALS.
17. CONFIDENTIALITY
Any information that you are exposed to by virtue of your participation
in the Program, which information is not available to the general
public, shall be considered to be "Confidential Information." You may
not disclose any Confidential Information to any person or entity,
except where compelled by law, unless you obtain prior written consent
for such disclosure from LEVO Oil Infusion. You shall not use any Confidential
Information except to the extent necessary to fulfill the purposes of
this Agreement.
18. TERMINATION
Your participation in the Program shall begin upon your acceptance as an
affiliate by LEVO Oil Infusion and shall end when terminated by either party.
Either party may terminate such status at any time, with or without
cause. Upon termination, all licenses granted to you pursuant to the
Program shall cease and you shall use best efforts to immediately
remove all codes and links, references on Your Website regarding
LEVO Oil Infusion, and cease any and all use of Promotional Materials,
Trademarks or any other trade or service marks, trade names or any other
items received through or used in connection with such Program. Subject
to Section 13, upon the termination of your participation in the Program
for any reason, you will be entitled to receive Commissions only on
Eligible Purchases that occurred prior to such termination. LEVO Oil Infusion
reserves the right to terminate the Program at any time upon notice to
you.
19. MODIFICATION
We may modify these terms and conditions at any time, at our sole
discretion. If you disagree with any modification, your only recourse is
to terminate this Agreement. You agree that, if you continue to
participate in the Program following a posted modification, your
continued participation represents acceptance of the revised term.
20. COMPLIANCE
In connection with your participation in this Program, you will comply
with all applicable laws, rules and regulations, including but not
limited to the following laws, rules and regulations governing marketing
and promotions:
The CAN-SPAM Act of 2003
Section 5 of the FTC Act
The FTC's disclosure rules regarding endorsements
To comply with the FTC's disclosure rules regarding endorsements, you
shall include a disclosure statement within any and all pages/posts
where affiliate links for the Program are posted as an endorsement or
review, and where it is not clear that the link is a paid advertisement.
This disclosure statement should be clear and concise, stating that we
are compensating you for your review or endorsement. If you received the
product for free from us or from our designated affiliate management
team for review, this also must be clearly stated in your disclosure.
21. GENERAL
a) Severability. If any provision of this Agreement is held by a
court of competent jurisdiction to be invalid, illegal, or
unenforceable, the remainder of this Agreement will remain in full force
and effect.
b) Assignment. You may not assign this Agreement or any of its
rights under this Agreement without the prior written consent of
LEVO Oil Infusion and any attempted assignment without such consent shall be void.
Subject to the foregoing restriction, this Agreement will be fully
binding upon, inure to the benefit of, and be enforceable by us and
our respective successors and assigns.
c) Nonwaiver. Any failure by LEVO Oil Infusion to insist upon or enforce
performance by you of any of the provisions of this Agreement or to
exercise any rights or remedies under this Agreement or otherwise by
law will not be construed as a waiver or relinquishment of any right to
assert or rely upon the provision, right or remedy in that or any other
instance; rather, the provision, right or remedy will be and remain in
full force and effect.
d) Relation to Other Agreements. In the event of any conflict or
inconsistency between this Agreement and the ShareASale Agreement, the
provisions of this Agreement shall prevail.
e) Entire Agreement. This Agreement sets forth our entire agreement
with respect to your participation in the Program.
