Program Application


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    AFFILIATE AGREEMENT

    PLEASE
    READ THE ENTIRE AGREEMENT.

    YOU MAY
    PRINT THIS PAGE FOR YOUR RECORDS.

    THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LUXE VIBES BOUTIQUE. (DBA LUXEVIBES.COM)

    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.

    1.
    Overview

    This Agreement contains the complete terms and conditions that apply to you becoming
    an affiliate in LUXEVIBES.COM's Affiliate Program. The purpose of this
    Agreement is to allow HTML linking between your web site and the LUXEVIBES.COM
    web site. Please note that throughout this Agreement, "we,"
    "us," and "our" refer to LUXEVIBES.COM, 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 at the Refersion.com server. The fact that we auto-approve
    applications does not imply that we may not re-evaluate your application at a
    later time. We may reject your application at our sole discretion. We may
    cancel your application if we determine that your site is unsuitable for our Program,
    including if it:

    2.1.1.Promotes sexually explicit materials.

    2.1.2. Promotes violence

    2.1.3. Promotes discrimination based on race, sex, religion, nationality,
    disability, sexual orientation, or age

    2.1.4. Promotes illegal activities

    2.1.5. Incorporates any materials which infringe or assist others to infringe
    on any copyright, trademark or other intellectual property rights or to violate
    the law

    2.1.6. Includes "Merchant" or variations or misspellings thereof in
    its domain name

    2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory,
    obscene, harassing, or racially, ethnically or otherwise objectionable to us in
    our sole discretion.

    2.1.8. Contains software downloads that potentially enable diversions of
    commission from other affiliates in our program.

    2.1.9. You may not create or design your website or any other website that you
    operate, explicitly or implied in a manner which resembles our website nor
    design your website in a manner which leads customers to believe you are LUXEVIBES.COM
    or any other affiliated business.

    2.2. As a
    member of LUXEVIBES.COM's Affiliate Program, you will have access to Affiliate
    Account Manager. Here you will be able to review our Program’s details and
    previously-published affiliate newsletters, download HTML code (that provides
    for links to web pages within the LUXEVIBES.COM web site) and banner creatives,
    browse and get tracking codes for our coupons and deals. In order for us to
    accurately keep track of all guest visits from your site to ours, you must use
    the HTML code that we provide for each banner, text link, or other affiliate
    link we provide you with.


    2.3. LUXEVIBES.COM
    reserves the right, at any time, to review your placement and approve the use
    of Your Links and require that you change the placement or use to comply with
    the guidelines provided to you.


    2.4. The
    maintenance and the updating of your site will be your responsibility. We may
    monitor your site as we feel necessary to make sure that it is up-to-date and
    to notify you of any changes that we feel should enhance your performance.



    2.5. It is
    entirely your responsibility to follow all applicable intellectual property and
    other laws that pertain to your site. You must have express permission to use
    any person's copyrighted material, whether it be a writing, an image, or any
    other copyrightable work. We will not be responsible (and you will be solely
    responsible) if you use another person's copyrighted material or other
    intellectual property in violation of the law or any third party rights.



    3.
    LUXEVIBES.COM Rights and Obligations



    3.1. 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 notify you of any
    changes to your site that we feel should be made, or to make sure that your
    links to our web site are appropriate and to notify further you of any changes
    that we feel should be made. If you do not make the changes to your site that
    we feel are necessary, we reserve the right to terminate your participation in the
    LUXEVIBES.COM Affiliate Program.



    3.2. LUXEVIBES.COM
    reserves the right to terminate this Agreement and your participation in the LUXEVIBES.COM
    Affiliate Program immediately and without notice to you should you commit fraud
    in your use of the LUXEVIBES.COM Affiliate Program or should you abuse this
    program in any way. If such fraud or abuse is detected, LUXEVIBES.COM shall not
    be liable to you for any commissions for such fraudulent sales.



    3.3. This
    Agreement will begin upon our acceptance of your Affiliate application, and
    will continue unless terminated hereunder.



    4.
    Termination



    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.



    5.
    Modification



    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 LUXEVIBES.COM's
    Affiliate Program rules. If any modification is unacceptable to you, your only
    option is to end this Agreement. Your continued participation in LUXEVIBES.COM's
    Affiliate Program following the posting of the change notice or new Agreement
    on our site will indicate your agreement to the changes.



    6.
    Payment



    LUXEVIBES.COM
    uses a third party to handle all of the tracking and payment. The third party
    is the Refersion.com affiliate network. Kindly review the network’s payment
    terms and conditions.



    7.
    Access to Affiliate Account Interface



    You will
    create a password so that you may enter Refersions’s secure affiliate account
    interface. From their site you will be able to receive your reports that will
    describe our calculation of the commissions due to you.



    8.
    Promotion Restrictions



    8.1. You
    are free to promote your own web sites, but naturally any promotion that
    mentions LUXEVIBES.COM 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 LUXEVIBES.COM. 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. You may use mailings to customers to promote LUXEVIBES.COM
    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. Also, you may post to newsgroups to promote LUXEVIBES.COM so long as
    the news group specifically welcomes commercial messages. At all times, you
    must clearly represent yourself and your web sites as independent from LUXEVIBES.COM.
    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 the LUXEVIBES.COM
    Affiliate Program. Any pending balances owed to you will not be paid if your
    account is terminated due to such unacceptable advertising or solicitation.



    8.2.
    Affiliates that among other keywords or exclusively bid in their Pay-Per-Click
    campaigns on keywords such as LUXEVIBES.COM, merchant, www.merchant, www.LUXEVIBES.COM,
    and/or any misspellings or similar alterations of these – be it separately or
    in combination with other keywords – and do not direct the traffic from such
    campaigns to their own website prior to re-directing it to ours, will be
    considered trademark violators, and will be banned from Merchant’s Affiliate
    Program. We will do everything possible to contact the affiliate prior to the
    ban. However, we reserve the right to expel any trademark violator from our
    affiliate program without prior notice, and on the first occurrence of such PPC
    bidding behavior.



    8.3.
    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 Merchant’s service).



    8.4.
    Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,”
    “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar
    Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or
    pop-unders” to consumers from the time the consumer clicks on a qualifying link
    until such time as the consumer has fully exited Merchant’s site (i.e., no page
    from our site or any LUXEVIBES.COM’s content or branding is visible on the
    end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing”
    shall mean an application that (a) through accidental or direct intent causes
    the overwriting of affiliate and non affiliate commission tracking cookies
    through any other means than a customer initiated click on a qualifying link on
    a web page or email; (b) intercepts searches to redirect traffic through an
    installed software, thereby causing, pop ups, commission tracking cookies to be
    put in place or other commission tracking cookies to be overwritten where a
    user would under normal circumstances have arrived at the same destination
    through the results given by the search (search engines being, but not limited
    to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or
    directory engines); (c) set commission tracking cookies through loading of
    Merchant site in IFrames, hidden links and automatic pop ups that open LUXEVIBES.COM’s
    site; (d) targets text on web sites, other than those web sites 100% owned by
    the application owner, for the purpose of contextual marketing; (e) removes,
    replaces or blocks the visibility of Affiliate banners with any other banners,
    other than those that are on web sites 100% owned by the owner of the
    application.



    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 LUXEVIBES.COM's Affiliate Program. You agree that all uses
    of the Licensed Materials will be on behalf of LUXEVIBES.COM and the good will
    associated therewith will inure to the sole benefit of LUXEVIBES.COM.



    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. Each party reserves all of its respective rights in the
    proprietary materials covered by this license. Other than the license granted
    in this Agreement, each party retains all right, title, and interest to its
    respective rights and no right, title, or interest is transferred to the other.



    10.
    Disclaimer



    LUXEVIBES.COM
    MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING LUXEVIBES.COM
    SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED
    WARRANTIES OF LUXEVIBES.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
    NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO
    REPRESENTATION THAT THE OPERATION OF OUR SITE 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 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;



    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 LUXEVIBES.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.



    13.
    Indemnification



    You hereby
    agree to indemnify and hold harmless LUXEVIBES.COM, and its subsidiaries and
    affiliates, and their directors, officers, employees, agents, 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") insofar as such Losses (or
    actions in respect thereof) arise out of or are based on (i) any claim that our
    use of the affiliate trademarks infringes on any trademark, trade name, service
    mark, copyright, license, intellectual property, or other proprietary right of
    any third party, (ii) any misrepresentation of a representation or warranty or
    breach of a covenant and agreement made by you herein, or (iii) any claim
    related to your site, including, without limitation, content therein not
    attributable to us.



    14.
    Confidentiality



    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.



    15.
    Miscellaneous



    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 LUXEVIBES.COM. You
    will have no authority to make or accept any offers or representations on our
    behalf. You will not make any statement, whether on Your Site or any other of
    Your Site or otherwise, that reasonably would contradict anything in this
    Section.



    15.2.
    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.



    15.3. This
    Agreement shall be governed by and interpreted in accordance with the laws of
    the State of New York 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.



    We do not allow coupon companies as affiliates.  Nor use our brand in google ads.  Account will be deleted!