The affiliate hereby agrees that He or She is of 21 years+ of age and will endorse the legal use of the Advertiser's product line through their own platforms. The Advertiser hereby appoints the affiliate as its representative on a non-exclusive, non-employee basis to endorse and promote its products to the target 21+ age of audience.
1.Term of The Agreement
The term of this Agreement (the “Term”) will begin upon our acceptance of your application to enroll in the Marketing Program, such application signifying your acceptance of this Agreement. The term shall be for a period of thirty (30) days. Party gives fifteen (15) days’ notice to the other that it intends not to renew the Agreement at the end of the current term.
2. Intellectual Property Rights, Confidentiality and Exclusivity
During the course of the affiliate's performance of services for the Advertiser, the affiliate will have access to information of a confidential and proprietary nature to the Advertiser. The affiliate acknowledges and agrees that such information is an asset of the Advertiser and is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Advertiser must be kept strictly confidential and used only in the performance of the affiliate's duties under this Agreement. The affiliate agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of the Advertiser or as otherwise directed by the Advertiser in the course of the affiliate's performance of services under this Agreement, and thereafter only with the written permission of the Advertiser. Upon termination of this Agreement or upon the request of the Advertiser, the affiliate will return to the Advertiser all of the confidential information, and all copies or reproductions thereof, which are in affiliate's possession or control.
3.Forbidden Actions
This Agreement will be terminated without notice if, in its sole discretion, TopGreen US Corp. determines that the Affiliate has breached any or all of the following explicitly prohibited actions.
The affiliate agrees to abide by all guidelines. (For example, all blog posts, social media statuses, tweets, and/or comments should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age). No Link will be placed on any page or screen that contains content that: incites, encourages, advocates or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; incites, encourages, advocates or promotes illegal activities including, but not limited to, violence against persons or property, terrorism, armed insurrection, piracy or treason; incites, encourages, advocates or promotes the sexual abuse or exploitation of children and minors; violates the intellectual property rights of third parties; or contains or promotes deceptive information.
4.Material disclosures and compliance with FTC Guidelines
When publishing posts/statuses about the Advertiser’s products or services, the affiliate must clearly disclose his “no pay material connection” with the Advertiser. The above disclosure should be clear and prominent and made in close proximity to any statements that the affiliate makes about the Advertiser or the Advertiser’s products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored. The affiliate should only make factual statements about the Advertiser or the Advertiser's products which the affiliate knows for certain are true and can be verified.
5. Indemnification
You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third-party intellectual property rights of editorial content or other materials of your site.
6. Termination
Termination Without Cause: TopGreen Us Corp. and www. xvapeusa.com may modify or terminate this Agreement without cause. Please note that TopGreen US Corp. reserves the right to change any of the terms and conditions in this Agreement. And may terminate this Agreement without notice if in its sole discretion it determines that affiliate has breached the terms and conditions of this Agreement.
