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TERMS AND CONDITIONS

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This Affiliate Marketing Program Agreement ("Agreement") is between you ("Affiliate", "You" or "Your") and Braithwaites Consumer Goods LLC dba Tasty Vapor located at 1017 22nd Avenue, Suite 110, Oakland, CA 94606 ("Tasty Vapor").

 

BY CLICKING "I AGREE", YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ALL POLICIES, PROCEDURES AND DOCUMENTS THAT ARE INCLUDED IN THIS AGREEMENT BY REFERENCE.

 

This Agreement contains the entire terms and conditions that will apply to Your participation in Tasty Vapor's Affiliate Marketing Program if Your application for affiliate status is accepted by Tasty Vapor. 

 

LICENSE BY TASTY VAPOR.  Upon acceptance of Your application and for as long as this Agreement is not terminated, Tasty Vapor will grant to You a non-exclusive, non-transferable, revocable right to access the Tasty Vapor web-site through links which contain the Tasty Vapor logo and description of the products or promotions on the Tasty Vapor web-site which You will display on Your web-site without change.  The License terminates when this Agreement terminates.  The sole purpose of this limited license to use Tasty Vapor logos, trade names, trademarks and similar identifying materials ("Promotional Materials") is for the purpose of selling products of Tasty Vapor. 

 

Upon acceptance into the Affiliate Marketing Program, Tasty Vapor will make available to You Promotional Materials for display and use on Your web-site.  You may market only those products that Tasty Vapor has authorized you to market and shall do so only according to the terms and conditions of this Agreement.  Except as provided in this Agreement, You agree not to use any information that is subject to this license in any other manner at any other time.

 

PROMOTION.  You agree that Your web-site will display Promotional Materials provided to You by Tasty Vapor prominently and accurately.  You agree not to alter or expand the links without the prior written consent of Tasty Vapor.  To permit tracking, reporting, and referral fee accrual, Tasty Vapor will provide You with "tagged" URL link formats to be used in all links between Your web-site and Tasty Vapor's web-site.  It is Your responsibility to insure that the links properly use these special URL link formats.  You will only earn referral fees regarding activity on Tasty Vapor's web-site occurring directly through these links, without change to the links or their usage by You or any third party. 

 

You may not redirect any prospective purchaser to any website other than that of Tasty Vapor.  You may not use any pop-up ads, spyware, or spam to promote Tasty Vapor products or use its name or any similar name on your web-site.  You agree that you will not make any health or safety claims in Your promotion of Tasty Vapor products. You may not display any Tasty Vapor window that is not the result of a direct click by the customer.  You agree not to market to any sites where people under eighteen (18) may shop.  You agree not to seed unaware users with cookies ("cookie stuffing") so that if any of these people purchased product from Tasty Vapor, you would request a referral fee.  You agree not to interfere with the operation of the Affiliate Marketing Program by taking actions that circumvent the policies and procedures that govern the Affiliate Marketing Program.   

 

PROCESSING.  Tasty Vapor will reject orders that do not comply with requirements that Tasty Vapor periodically establishes.  Tasty Vapor may change its policies and procedures at any time.  Because prices can be variable, You may not include price information in your descriptions to persons you refer to Tasty Vapor.  Tasty Vapor will use commercially reasonable efforts to present accurate information but Tasty Vapor cannot guarantee the availability or price of any particular product.

 

Tasty Vapor will process only orders placed by customers who are at least 18 (as confirmed by You) and who follow the links from Your web-site to the Tasty Vapor's web-site, without diversion.  Tasty Vapor is solely responsible for all aspects of order processing and fulfillment, refunds and related customer service.  Tasty Vapor will track the volume and amount of sales generated by Your web-site and will make reports available to You.

 

PAYMENT. On a monthly basis, Tasty Vapor will pay You thirteen percent (13%) of sales after orders from its new customers referred by You are paid in full, verified and approved by Tasty Vapor, provided that  the total referral fees due to You for the month are at least seventy-five dollars ($75), including unpaid referral fees from the prior month(s).  Upon termination of this Agreement, any outstanding referral fees will be paid to you within thirty (30) days of termination even if the minimum threshold of seventy-five dollars ($75) is not met.  Otherwise, during the term of this Agreement, unpaid referral fees accrue from month to month.  All records collected by Tasty Vapor shall be the only valid basis for calculation of the referral fees.  If there is a discrepancy between the amount You believe is owed to You for referral fees and the amount Tasty Vapor has calculated, You may bring this matter to the attention of Tasty Vapor within fourteen (14) days after payment to You and Tasty Vapor will review and advise You of its conclusion.

 

Before payment, You can elect to be paid by automatic deposit if You have a Bank of America account, or by a check from Tasty Vapor, or store credit.  Tasty Vapor will give you a twenty-five dollar ($25) welcome bonus upon approval of your application.  Referral fees will not be paid for charge backs or order/delivery cancellations, Your personal orders, orders for resale or commercial use of any kind, or any action on Your part that is a breach of this Agreement.

 

LICENSE BY YOU.  You grant to Tasty Vapor a non-exclusive license to use Your names, titles, logos, and trademarks to advertise, market, promote and publicize in any way should Tasty Vapor decide to do so.  You represent to Tasty Vapor that You have the sole right and power to grant to Tasty Vapor the license to use the names, titles, logos, and trademarks, and that such grant does not or will not breach, conflict with, or constitute a default under any agreement applicable or binding upon You or infringe upon anyone else's intellectual property.  This license ends on the effective date of the termination of this Agreement.

 

YOUR PROMISES, RESPONSIBILITIES AND ACKNOWLEDGEMENTS.  You represent that You are solely responsible for Your web-site and its content including the development, operation, and maintenance of Your site and the images on Your site.

 

You promise that you will not disclose any confidential information provided to you by Tasty Vapor as a result of your participation in the Affiliate Marketing Program during the term of this Agreement and that this promise survives the termination of this Agreement.  Confidential information includes, but is not limited to, any modification to the terms of this Agreement made specifically for your site, website, business and financial information relating to Tasty Vapor, its customers, vendor lists, pricing and sales information and the identity of any other members of the Affiliate Marketing Program.  Confidential information also includes any information that Tasty Vapor designates as confidential during the term of this Agreement.  You may not use confidential information for your own business purposes.  Tasty Vapor's Privacy Policy is posted on the Tasty Vapor web-site and is incorporated into this Agreement by reference.  Any changes to the Privacy Policy are effective when posted to the Tasty Vapor web-site.

 

You promise that You are in compliance with all applicable national, federal, state and local laws, rules, regulations, requirements and other standards established by any governmental authority controlling activities contemplated by this Agreement.

 

You acknowledge that all customers who buy products of Tasty Vapor through You are customers of Tasty Vapor and, therefore, Tasty Vapor's rules, policies, and operating procedures regarding sales and customer service apply to these customers.   You acknowledge that you have no authority to make or accept any offers or representations on behalf of Tasty Vapor.

 

You further acknowledge that Tasty Vapor makes no warranties or representations regarding the Affiliate Marketing Program or any products including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranting arising from or relating to performance or trade usage.  Tasty Vapor also specifically disclaims any warranty that the links will be uninterrupted or error-free, that defects will be corrected, and that there are no viruses or other harmful components.

 

INDEMNIFICATION AND LIABILITY LIMITATION. You agree to indemnify Tasty Vapor, its affiliates, directors, officers, employees, agents, and owners against any and all claims, damages, settlements, costs, and expenses including attorneys fees, from a claim that Tasty Vapor's use of information that You licensed to Tasty Vapor infringes on any trademark, trade name, service mark, copyright, license, intellectual property or other right of any third party; any breach of any term of this Agreement; or any claim relating in any way to Your web-site. This indemnification agreement shall survive termination of this Agreement.

 

You agree that Tasty Vapor will not be liable for any damages of any kind, including indirect, incidental, punitive or consequential damages arising out of or in connection with this Agreement, the web-sites, the products, the inability to use the products, or those resulting from any product purchased or obtained in connection with this Agreement or the Affiliate Marketing Program.   This limitation of liability shall survive the termination of this Agreement.

 

APPLICATION TO AFFILIATE PROGRAM AND BENEFITS. To apply to the Affiliate Marketing Program, You submit to Tasty Vapor a complete Affiliate Marketing Program Application via our web-site.  After review, Tasty Vapor will notify You of its decision regarding Your application.  You understand that if Your application is accepted, Tasty Vapor may solicit customer referrals on terms that may differ from the terms contained in this Agreement or operate web sites that are similar to or compete with Your web-site.

 

As an Affiliate, You are entitled to store credit, free marketing tools, a custom discount coupon code (maximum ten percent (10%), enabled cookies for sixty (60 days), easy tracking, and invitations to try new flavors.

 

TERMINATION OF AGREEMENT. Either party may terminate this Agreement at any time for any or no reason upon five (5) days written/electronic notice.

 

DISPUTE RESOLUTION.  Disputes will be settled by binding arbitration in San Francisco, CA with the American Arbitration Association - the prevailing party is entitled to fees and costs and reasonable discovery is permitted.  California law shall apply.  There is no judge or jury in arbitration and the decision by the arbitrator is binding and final.  You agree that any dispute resolution proceeding will be conducted on an individual basis and not in a class, consolidated or representative action.

 

BINDING AGREEMENT AND AMENDMENTS. This Agreement is binding on and enforceable against the parties and their respective successors and assigns.  Any amendment to this Agreement must be in writing and executed by the parties.

 

NOTICES.  Any written notice under this Agreement shall be addressed to Tasty Vapor at the address identified in this Agreement and You at the following address:  _______________________________.  It is your obligation to update any address when it is changed.