SmallTalk
(Social Media and Laura Lively)
Our Laura Lively affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as, to protect our company's good name. So please read this Affiliate Agreement carefully before you join our Smalltalk Affiliate Program.
If you have any questions, please don't hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at support@mylauralively.com.
AFFILIATE AGREEMENT - PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LAURA LIVELY LLC. (D/B/A mylauralively.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.
AFFILIATE PROGRAM TERMS & CONDITIONS
This Affiliate Service Agreement (the "Agreement") is made by and between Laura Lively LLC, and you, as an Affiliate Utilizing the Laura Lively LLC Service powered by LeadDyno. You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up as an Affiliate you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the Laura Lively LLC affiliate service. Failure to abide by these rules could mean termination from our service, with a complete forfeit of commissions.
Privacy Policy
Laura Lively LLC respects the privacy of its users and will not disclose personal information to third parties without the express permission of you and your company.
Definitions
"Referral Marketing" occurs when individuals or websites that generate their own traffic ("Affiliates") partner with Laura Lively LLC which pays a commission or other reward for those Visitors which result in the sale of a subscription.
"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales. Affiliates use Laura Lively LLC’s Affiliate Service (Small-Talk) powered by LeadDyno.com to gain tracking, reporting, and receipt of commission payment.
"Visitor" means any person, or user that clicks on a Link to Laura Lively LLC’s website placed on an Affiliate's website. No payout shall occur for a Visitor unless it becomes a Sale.
"Sale Commission" means a Payout Laura Lively LLC agrees to pay for Visitors referred to our website that results in sale or purchase of product. The sale could occur at the time of the visit or at a later time.
"Leads" means any person, or user that clicks on a Link to Laura Lively LLC’s website placed on an Affiliate's website and leaves an email address (by signing up for Laura Lively’s Newsletter). No payout shall occur for a Lead unless it becomes a Sale.
"Commission" means the amount of Sale Commission, we agree to pay for an individual measurable action. The Commission is defined as a percentage of a total sale amount less freight and taxes.
"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor through to Laura Lively LLC via redirection at LeadDyno.com. Links take many forms including text, a product image, social media widgets, banners, videos or any other format acceptable to Laura Lively LLC.
"Void" means a reversal of a Commission previously earned for a sale that is later rescinded or corrected by us. Laura Lively LLC may void transactions that are fraudulent, rescinded by a Visitor or for other valid reasons. These include product returns and refunds.
"Your Account" means a specific account within the Service, where Commissions are credited.
Parties Relationship
As an Affiliate, you are serving as an independent contractor, and nothing in this Agreement or the Affiliate Program in general creates an agency, franchise, partnership, sales representative or employment relationship between you and Laura Lively LLC. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that will reasonably contradict anything in this section.
The Service
Laura Lively LLC has developed and operates a service (the "Service") which allows Affiliates to participate in our Small-Talk (Social Media and Laura Lively-Talk) program.
Link Placement: As an Affiliate of the Service, you may place and remove Links on Your site and in acceptable locations.
• You may place our Links anywhere on your site as you see fit, in newsletters or within non-spam emails or within other web related content.
• Adult, Hate, or other related sites are not allowed.
• Any page that contains Laura Lively LLC links, banners, or code must be written in English.
• You cannot spam. We will terminate your account on the first offence of spamming. Do not send email to lists or groups that you do not have permission to send to.
• Affiliate accounts that are left inactive for over 1200 days will be reveiwed for removed from our system. Laura Lively LLC will attempt to pay any balance for 3 consecutive months and after that the account will be closed and all commissions forfeited. At no time will an affiliate ever owe monies to Laura Lively LLC, the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.
• Not allowed: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guest books etc. are not allowed.
• Not allowed: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
• Not allowed: Any display of a merchant window that isn't the result of a direct click by the end-user.
Social Media
1. You are allowed to promote offers to your own lists; more specifically, you are welcome to use your Affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, "Valentine"s Day Special at Laura Lively through February 15 use coupon code va2016."
2. You are not allowed to post your Affiliate links Laura Lively's Facebook, Twitter, etc. company pages and attempt to turn those links into Affiliate sales.
3. You are not allowed to run advertisementsusing Trademarked Terms on our social media platforms.
Affiliate Payment
All statistics are collected and calculated by LeadDyno.com, and will be the only valid statistics used for determining commissions. You will receive a Commission for sending authorized sales via your Links. Commission will not be paid for leads or clicks. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link you have placed on your site has changed or been discontinued. Affiliates shall be paid via PayPal. Payments shall be made 30 days after the end of the calendar month in which a product was purchased. Money credited to Your Account does not accrue interest. In the event of a void Laura Lively LLC may recover from you the corresponding Commission previously credited to your account. The void Commission will be immediately deducted from your account balance. In the event that your account balance is less than the void Commission, the void Commission will be deducted against your future earnings. You will never be asked to send money to Laura Lively LLC
Laura Lively attends many shows and markets throughout the year where consumer sales are made. Any sales made at these events to "customers or Affiliates" are not commissionable.
If we pay an Affiliate more than $600 in a given year we are obliged to submit a 1099 form to the IRS which Paypal does this automatically on our behalf.
Service Support
Laura Lively LLC will provide support for the Service as indicated on the Laura Lively LLC website.
Email Contact
Laura Lively LLC reserves the right to send e-maisl to you for the purposes of informing you of applicable changes or additions to the Service or any Laura Lively LLC related products and services.
Changes to the Service
Laura Lively LLC reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. Such modification shall be effective upon its posting on the Site. You agree to be bound by any modification to this Agreement when you use the Service after any such modification is posted; it is therefore important that you review this Agreement regularly. In the event of any material change, Laura Lively LLC will notify you via e-mail, newsletter or the Laura Lively LLC Site at least 7 days prior to any such changes taking effect, at which time you may either agree to such changes or withdraw from the Service.
Registration
To sign up as an Affiliate of Laura Lively LLC and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age. The following types of sites are not allowed to participate in the Laura Lively LLC: Adult sites; sites that display adult banners; sites that promote violence, bigotry or hatred; sites that promote illegal activity including but not limited to warez, cracking and hacking sites. As part of the registration process, you will select a username and password combination that you use to access your affiliate area (dashboard) within the Service. You shall provide Laura Lively LLC with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to your true identity. You agree that Laura Lively LLC may rely on any data, notice, instruction or request furnished to Laura Lively LLC by you which is reasonably believed by Laura Lively LLC to be genuine and to have been sent or presented by a person reasonably believed by Laura Lively LLC to be authorize to act on your behalf. You shall notify Laura Lively LLC by e-mail at support@mylauralively.com of any known or suspected unauthorized uses of your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your username and password. You shall be responsible for maintaining the confidentiality of your username and password and you are responsible for all usage and activity on your Account, including use of the account by a third party authorize by you to use your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Laura Lively LLC and referral to the appropriate law enforcement agencies. Fraud is a serious offence, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-through using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. Any attempted fraud or fraud will result in membership termination and voided commissions.
Accepted Use
You represent Laura Lively LLC that all content you provide to the Service is solely owned by you or provided by you with the express authority of the company you represent, does not infringe upon any other individual's or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable.
You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, and fraudulent or violates any law. As Laura Lively LLC may not review all information provided by you, you shall remain solely responsible for your content and website.
As an Affiliate, you may not artificially inflate traffic counts to our site using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on your own banners and/or links or submit multiple leads. Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guest books. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks. Points or reward programs for click or lead programs are not allowed. Laura Lively LLC reserves the right to deem any site inappropriate and terminate this site as a member of Laura Lively LLC. If you are terminated from the Service, Laura Lively LLC has the right to withhold money you earned within the Service or money that you owe within the Service and you will not be allowed to re-join the Service.
In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws (federal, state or otherwise) that govern marketing e-mail, telephone calls and text messages.
Limited Warranty
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. To the fullest extent permissible pursuant to applicable law, Laura Lively LLC disclaims all warranties express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, in relation to the service, its use and the results of such use. Without limiting the foregoing, Laura Lively LLC specifically disclaims any warrant (a) that the service will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (e) regarding correctness, accuracy, or reliability. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
We will make reasonable commercial efforts to keep our transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. Laura Lively LLC shall have no liability for unauthorized access to, or alteration, theft or destruction of any website of affiliate or affiliate customer date files or systems or programs through accident, fraudulent means or devices. Laura Lively LLC shall have no liability with respect to merchant obligations hereunder or otherwise for consequential, exemplary, special, incidental or punitive damages even if we have been notified of such damages. Any liability of Laura Lively LLC hereunder shall be limited to the revenue earned by Laura Lively LLC as a direct result of this agreement.
Limitation of Liability
Laura Lively LLC or its suppliers or resellers shall not be liable to you or any other person for (a) any indirect, special, incidental or consequential damages of any character arising out of the use of or inability to use the Service or any information provided on the Laura Lively LLC website or any other hyperlinked website, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, eve in Laura Lively LLC or a Laura Lively LLC authorize representative has been advised of the possibility of such damages or (b) any claim attributable to errors, omissions or other inaccuracies in the website or any hyperlinked website. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you. In such jurisdictions, Laura Lively LLC’s liability is limited to the smallest amount permitted by law. This paragraph will survive the failure of any exclusive or limited remedy.
You agree that Laura Lively LLC, although the provider of the Service, has no responsibility or liability as a result of your placement of authorize Links from your website, and you agree to indemnify, defend, and hold harmless Laura Lively LLC and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Non-Disclosure
Laura Lively LLC acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of you or your company. Laura Lively LLC agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Laura Lively LLC, that becomes available to Laura Lively LLC from third parties without knowledge by Laura Lively LLC of any breach of fiduciary duty, or that Laura Lively LLC had in its possession prior to the date of this Agreement. Any information we receive is used solely for tracking and Commission payment purposes. Laura Lively LLC reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Laura Lively LLC deems appropriate.
Ownership & Licenses
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Laura Lively LLC provided trademarks and banners. All images, technology and content provided for your use is and shall remain the sole property of Laura Lively LLC, and no part thereof shall be deemed assigned or licensed to you except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain Laura Lively LLC’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to you in any way. Laura Lively LLC may immediately terminate your license to use the marks if we reasonably believe that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that your use of the marks will not create in you, nor will you represent that you have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or your interest therein as a licensee, nor will you adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Laura Lively LLC’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Laura Lively LLC.
Representations
Laura Lively LLC makes no representations whatsoever about any other website which you may access through the Service. In addition, a link to a non-Laura Lively LLC website does not mean that Laura Lively LLC endorses or accepts any responsibility for the content or the use of such website.
Non Assignability
Affiliate or Laura Lively LLC may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Force Majeure
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
Jurisdictional Issues
These terms and conditions shall be governed and interpreted in accordance with the laws of Florida, and you consent to the non-exclusive jurisdiction of the courts of Florida. This Site and the Company are located in Florida, USA and in case of any international Affiliates, this Agreement shall be construed as being performed in Florida.
Miscellaneous
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein and not those in your purchase order. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.