Luvyle is dedicated to delivering high-quality clothing to women that will make them look and feel their best. They aim to make it easy to wear outfits customer's love every day, giving them the confidence to take on the world. Luvyle offers modern, irresistible, and affordable clothing to make every outfit a fashion statement. This program has a 90 day cookie duration.
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Luvyle is dedicated to delivering high-quality clothing to women that
will make them look and feel their best. We believe every woman has the
right to dress well, and shouldn't have to spend a lot to love how she
looks. We make it easy to wear outfits you love every day, giving you
the confidence to take on the
world!
For Modern, Irresistible, and Affordable clothing Luvyle is your new
favorite place to shop! Make every season a fashion statement
by filling your cart with our high-quality fashion finds. Happy
shopping!
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LUVYLE, INC. (DBA LUVYLE.COM
AND FASHION ICON TRADING LIMITED.)
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 the Affiliate Program of LUVYLE.com and .
The purpose of this Agreement is to allow HTML linking between your web
site and LUVYLE.com web site. Please note that throughout this
Agreement, "we," "us," and "our" refer to LUVYLE.com and , 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 Pepperjam 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 "LUVYLE" "Fashionme"or variations or misspellings
thereof in their 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 LUVYLE.com or any other affiliated business.
2.2. As a member of LUVYLE.com's Affiliate Program, you will have
access to Affiliate Account Manager. Here you will be able to review
our Programs details and previously-published affiliate
newsletters, download HTML code (that provides for links to web pages
within the LUVYLE.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. LUVYLE.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. LUVYLE.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 LUVYLE.com
Affiliate Program.
3.2. LUVYLE.com reserves the right to terminate this Agreement and your
participation in the LUVYLE.com Affiliate Program immediately and
without notice to you should you commit fraud in your use of the
LUVYLE.com Affiliate Program or should you abuse this program in any
way. If such fraud or abuse is detected, LUVYLE.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 LUVYLE.com's Affiliate Program rules. If any
modification is unacceptable to you, your only option is to end this
Agreement. Your continued participation in LUVYLE.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
LUVYLE.com uses a third party to handle all of the tracking and
payment. The third party is the Pepperjam 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 Pepperjam'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 LUVYLE.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 LUVYLE.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 LUVYLE.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 LUVYLE.comso long as the news group specifically
welcomes commercial messages. At all times, you must clearly represent
yourself and your web sites as independent from LUVYLE.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
LUVYLE.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 LUVYLE.com, LUVYLE,
www.LUVYLE, www.LUVYLE.com, , Fashionme, www.Fashionme, www., 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 LUVYLE.com 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
prospects information into the lead form as long as the
prospects information is real and true, and these are
valid leads (i.e. sincerely interested inLUVYLE.coms
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
LUVYLE.coms sites (i.e., no page from our site or any
LUVYLE.coms content or branding is visible on the
end-users screen). As used herein a.
LUVYLE and
Fashion Mia or
Fashionme and
Fashion Meshall 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 LUVYLE/Fashionme site in
IFrames, hidden links and automatic pop ups that open
LUVYLE.coms 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 LUVYLE.com Affiliate Program. You agree that all uses of the
Licensed Materials will be on behalf of LUVYLE.com and the good will
associated therewith will inure to the sole benefit of LUVYLE.com.
9.2. Each party agrees not to use 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
LUVYLE.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
REGARDING LUVYLE.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES
PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF LUVYLE.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 LUVYLE.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 LUVYLE.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 LUVYLE.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 Delaware 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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