Our associates are essential to us and we do our best to treat you with the fairness and regard you merit. We basically solicit a similar thought from you. We have composed the accompanying offshoot concurrence with you at the top of the priority list, and additionally to ensure our organization's great name. So please hold on for us as we take you through this legal formality. In the event that you have any inquiries, kindly feel free to tell us. We are solid professors in genuine and clear correspondence. For snappiest outcomes please email us at firstname.lastname@example.org.
Please read the entire agreement, this is a legal agreement between you and Lotus Divine. You may print this page for your records. By submitting the online application, you are agreeing that you have read and understood the terms and conditions of this Agreement and that you agree to be legally responsible for each and every term and condition.
This Agreement contains the entire terms and conditions that apply to you turning into a subsidiary in Lotus Divine's Affiliate Program. The reason for this Agreement is to permit HTML connecting between your site and our site likewise alluded to in this record as "the WEBSITE". If it's not too much trouble take note of that all through this Agreement, "we," "us," and "our" allude to Lotus Divine, and "you," "your," and "yours" allude to the affiliate.
Enrolment into the Affiliate Network: To begin the enrolment process, you must submit a completed Affiliate Program Signup Form. The Signup Form will be made available for you upon request. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application, if We determine (in Our sole discretion) that Your site is unsuitable for Our Affiliate Program for any reason, including, but not limited to, the inclusion of content that is, in Our opinion, unlawful or otherwise does not meet our Acceptable Use Policy posted on our website. If we reject your application, for any reason, you may not reapply to the Lotus Divine Affiliate Program utilizing the same domain name/URL if that domain name/URL has already been rejected nor may you reapply using a different domain/URL name then add the previously rejected domain name/URL. Lotus Divine, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Lotus Divine Affiliate Program at any time. By participating in the Lotus Divine Affiliate Program, you agree that you will not host a website that:
- promotes sexually explicit materials;
- promote viciousness;
- promote segregation in light of race, sex, religion, nationality, handicap, sexual introduction, or age;
- advances unlawful exercises;
- joins any materials which encroach or help others to encroach on any copyright, trademark or other licensed innovation rights or to abuse the law;
- incorporates "Shipper" or varieties or incorrect spellings thereof in its area name;
- is generally in any capacity unlawful, destructive, undermining, defamatory, disgusting, pestering, or racially, ethnically or generally offensive to us in our sole circumspection;
- contains programming downloads that conceivably empower preoccupations of commission from different partners in our program.
- you may not make or outline your site or some other site that you work, unequivocally or inferred in a way which looks like our site nor plan your site in a way which persuades you are Lotus Divine or some other associated business.
As an individual from Lotus Divine's Affiliate Program, you will approach Affiliate Account Manager. Here you will have the capacity to audit our Program details, download HTML code (that accommodates connects to site pages inside the Lotus Divine site) and standard creative, peruse and get following codes for our arrangements. With the goal for us to precisely monitor all visitor visits from your site to our own, you should utilize the HTML code that we accommodate every pennant, content connection, or other partner joins we furnish you with (aggregately in this, "Your Links.") Lotus Divine saves the privilege, whenever, to audit your position and endorse the utilization of Your Links and require that you change the arrangement or use to consent to the rules given to you. The support and the refreshing of your site will be your duty. We may screen your site as we feel important to ensure that it is up and coming and to inform you of any progressions that we feel should upgrade your execution.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You should have express authorization to utilize any individual's copyrighted material, regardless of whether it be a written work, a picture, or some other copyrightable work. We won't be mindful (and you will be exclusively capable) on the off chance that you utilize someone else's copyrighted material or other licensed innovation disregarding the law or any outsider rights.
OUR RIGHTS AND OBLIGATIONS
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may advise you of any progressions to your webpage that we feel ought to be made, or to ensure that your connects to our site are proper and to inform you of any progressions that we feel ought to be made. On the off chance that you don't roll out the improvements to your site that we feel are essential, we maintain whatever authority is needed to end your interest in the Lotus Divine Affiliate Program.
Lotus Divine reserves the right to terminate this Agreement and your participation in the Lotus Divine Affiliate Program immediately and without notice to you, should you commit fraud in your use of the Lotus Divine’s Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Lotus Divine shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
Either party may end this Agreement AT ANY TIME for any reason by giving the other party 24 hours' composed notice. Composed notice can be as mail, email or fax. Likewise, this Agreement will end promptly upon any break of this Agreement by you.
We may modify any of the terms and conditions in this Agreement whenever at our sole circumspection. In such event, you will be notified by email and the date such modification becomes effective will be clearly written at the bottom of the document. Modifications may include, but are not limited to, changes in the payment procedures and Lotus Divine’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Lotus Divine’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
You are free to promote your own websites, but naturally, any promotion that mentions Lotus Divine could be perceived by the public or the press as a joint effort. You should realise that specific types of advertising are constantly denied by Lotus Divine. For instance, promoting usually alluded to as "spamming" is unsatisfactory to us and could damage our name. Other by and large denied types of promoting incorporate the utilization of unsolicited commercial email (UCE), postings to non-business newsgroups and cross-presenting on various newsgroups without a moment's delay. Furthermore, you may not promote at all that adequately hides or distorts your personality, your space name, or your return email address. You may use mailings to customers to promote Lotus Divine so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings At all times, you must clearly represent yourself and your web sites as independent from Lotus Divine. In the event that it becomes obvious that you are spamming or distorting your Affiliate, we will consider that reason for prompt end of this Agreement and your support in the Lotus Divine's Affiliate Program. Any pending adjusts owed to you won't be paid if your record is ended because of such inadmissible promoting or requesting.
Affiliates that choose to advertise on media networks for display or utilize keywords or exclusively bid in their Pay-Per-Click campaigns using our website link www.lotusdivine.com or any related keyword and/or any misspellings or similar alterations of these be it independently or in mix with different watchwords – and don't immediate the movement from such crusades to their own particular site preceding re-guiding it to our own, will be considered trademark violators, and will be prohibited from Lotus Divine Affiliate Program. We will do everything conceivable to contact the subsidiary before the boycott. In any case, we claim all authority to oust any trademark violator from our associate program without earlier notice, and on the principal event of such PPC offering conduct.
Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Lotus Divine’s service).
Associate should not transmit any alleged "interstitials," "Parasiteware™," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations or potentially Add-ons," "Shopping Wallets" or "misleading pop-ups or potentially pop-unders" to buyers from the time the customer taps on a qualifying join until the point when such time as the shopper has completely left the Merchant's site (i.e., no page from our site or any Lotus Divine's substance or marking is noticeable on the end client's screen). As utilized in this a. "Parasiteware™" and "Parasitic Marketing" should mean an application that (a) through unintentional or direct plan causes the overwriting of associate and non-member commission following treats through whatever other means than a client started tap on a qualifying join on a site page or email; (b) catches inquiries to divert movement through an introduced programming, in this manner causing, pop ups, commission following treats to be set up or other commission following treats to be overwritten where a client would under typical conditions have touched base at a similar goal through the outcomes given by the pursuit (web indexes being, however not restricted to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and comparative hunt or catalog motors); (c) set commission following treats through stacking of our webpage in Iframes, shrouded connections and programmed pop ups that open Lotus Divine's website; (d) targets message on sites, other than those sites 100% claimed by the application proprietor, with the end goal of logical promoting; (e) expels, replaces or obstructs the perceivability of Affiliate flags with some other pennants, other than those that are on sites 100% possessed by the proprietor of the application.
GRANT OF LICENSES
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Lotus Divine’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Lotus Divine and the good will associated therewith will inure to the sole benefit of Lotus Divine.
Each party concurs not to utilize the other's restrictive materials in any way that is misleading, deceiving, profane or that generally depicts the party in a negative light. Each party saves the majority of its particular rights in the restrictive materials secured by this permit. Other than the permit allowed in this Agreement, each party reserves all of its respective rights, title, and enthusiasm for its individual rights and no right, title, or intrigue is exchanged to the next.
Lotus Divine makes no express or implied representations or warranties regarding Lotus Divine’s service and website or the services provided therein, any implied warranties of Lotus Divine ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no portrayal that the operation of our site will be continuous or mistake free, and we won't be at risk for the results of any intrusions or blunders.
REPRESENTATIONS AND WARRANTIES
You speak to and warrant that:
- this Agreement has been properly and truly executed and conveyed by you and constitutes your legitimate, substantial, and restricting commitment, enforceable against you as per its terms; you have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- you have adequate right, title, and enthusiasm for and to the rights allowed to us in this Agreement.
LIMITATIONS OF LIABILITY
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall www.lotusdivine.com’s cumulative liability to you arising out of or related to 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.
You therefore consent to repay and hold innocuous Lotus Divine, and its auxiliaries and offshoots, and their chiefs, officers, representatives, operators, investors, accomplices, individuals, and different proprietors, against all cases, activities, requests, liabilities, misfortunes, harms, judgments, settlements, expenses, and costs (counting sensible lawyers' charges) (any or the majority of the previous hereinafter alluded to as "Misfortunes") seeing that such Losses (or activities in regard thereof) emerge out of or depend on :
- any claim that our utilization of the Affiliate Trademarks encroaches on any trademark, exchange name, benefit stamp, copyright, permit, protected innovation, or other exclusive privileges of any outsider;
- any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein; or
- any claim related to your site, including, without limitation, the content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You concur that you are a self-employed entity, and nothing in this Agreement will make any organization, joint venture, office, establishment, deals agent, franchise or work connection amongst you and Lotus Divine. You will have no expert to make or acknowledge any offers or portrayals for our benefit. You won't put forth any expression, regardless of whether on Your Site or whatever other of Your Site or something else, that sensibly would repudiate anything in this Section. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
This Agreement might be represented by and translated as per the laws of the United Kingdom without respect to the contentions of laws and standards thereof. This Agreement speaks to the whole understanding amongst us and you and should supersede every earlier agreements and interchanges of the parties, oral or written. The headings and titles contained in this Agreement are incorporated for comfort just, and might not constrain or generally influence the terms of this Agreement.
No arrangement of this Agreement might be revised or deferred with the exception of in composing and marked by the two parties. In the event that any arrangement of this Agreement is held to be invalid or unenforceable, that arrangement should be wiped out or constrained to the base degree essential with the end goal that the plan of the parties is effectuated, and the rest of this understanding might have full drive and impact.
This Agreement becomes effective immediately once your application as an affiliate is approved.