Terms of Service
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Alfonso Mendez & Savana Griffith
CBD Livity Owners
PLEASE READ THE ENTIRE AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CBD LIVITY.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND 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 complete terms and conditions that apply to you becoming an affiliate in CBD Livity’s Pay it Forward Program. Please note that throughout this Agreement, "we," "us," and "our" refer to CBD Livity, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at any time. We may reject your application at our sole discretion. We may cancel your application at any time if we determine that you are unsuitable for our Program. You must be 18 or older to become an affiliate.
2.2. In order for us to accurately keep track of all guest purchases with your link, you must use the HTML code that you receive for all referrals. The spreading of your link will be your responsibility, and to what extent you do it to, as well.
2.3. It is entirely your responsibility to follow all applicable laws that pertain, including but not limited to using copyrighted material or other intellectual property used for promoting your affiliate links. We are an all HEMP-derived CBD company covered under Section 7606 of the 2014 Farm Bill.
3. Rights and Obligations
3.1. CBD Livity reserves the right to terminate this Agreement and your participation in the Pay It Forward Program immediately and without notice to you should you commit fraud in your use of the CBD Livity Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, CBD Livity shall not be liable to you for any commissions for such fraudulent sales.
3.2. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and CBD Livity’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Pay It Forward Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Payments will be automatically made by CBD Livity to our Pay It Forward partners via Paypal or direct deposit, with our partners having the choice. Affiliates will receive 10% commission off all total sales completed under their personal link. Affiliates will not receive commission being logged in to their own CBD Livity account. Commission is rewarded for retail referrals only – wholesale referrals are not eligible. Any breach of this contract or termination of partnership will terminate all claims of unpaid referral commissions, and CBD Livity shall not be liable for any unpaid commissions.
8. Promotion Restrictions
You are free to promote your affiliate links, but naturally any promotion that mentions CBD Livity could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by CBD Livity. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. Also, you may post to newsgroups to promote CBD Livity so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent as independent from CBD Livity. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in our Pay it Forward Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
9. Grant of Licenses
9.1. 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 CBD Livity’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of CBD Livity and the good will associated therewith will inure to the sole benefit of CBD Livity.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light.
CBD LIVITY MAKES NO REPRESENTATION THAT THE OPERATION OF OUR AFFILIATE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter 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;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. 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 CBD LIVITY’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 AFFILIATE PROGRAM.
You hereby agree to indemnify and hold harmless CBD Livity, and its affiliates, employees, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses").
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 written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and CBD Livity. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Virginia without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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