LVR Terms of Use

OVERVIEW

Welcome to the LVR website (the “Site”) operated by LVR Publishing, LLC (“LVR”). dba LVR Marketing (the “Network”). We maintain the Network as a service to our client users (“Affiliates”). By using the Network, you (hereinafter, “Affiliate”) agree to comply with and be bound by these Terms of Use. Please review the terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise use the Network.

Introduction

By use of the Network and the Site, you agree to the terms and conditions outlined in this Terms of Use Agreement for Affiliates (“Affiliate Agreement”). This Affiliate Agreement constitutes the entire agreement between you and the Network, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Network, and the subject matter of this Affiliate Agreement. The current Affiliate Agreement will remain posted at this location at all times.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

TERMS OF USE SUMMARY

This agreement may be updated or modified at any time.
Affiliate privacy is secured and protected by the Network.
Affiliates must be at least 18 and supply a tax ID or social security number.
You have limited right to use of graphics and content.
Affiliates cannot solicit direct business with merchants.
All content on the Site is protected by copyright laws.
The Network warrants the programs and content available.
Neither parties will be liable to the other for damages.
Affiliates must notify the Network when they sell a website.
The Network does not control or monitor sites it links to.
The Network reserves the right to set affiliate bandwidth or usage thresholds.
Use of advertising software commonly known as “adware” or “malware” is not permitted.
Merchant name or merchant domain name PPC bids are prohibited.
Affiliate tracking cookies can be set by outbound clicks only.
Affiliates cannot represent themselves as merchants.
Affiliates must include appropriate FTC and State disclosures.
Affiliates may not engage in cyber, domain or typo-squatting activities.
Software, browser plugins or alerts triggered by a URL are NOT acceptable.
Black Hat SEO techniques of any kind are strictly prohibited.
All marketing emails must be CAN-SPAM compliant.
Affiliates engaged in actual or attempted fraud will be immediately terminated.
Affiliate accounts will be deactivated after one year of inactivity.
We may link to press releases or other sites and information.
Communications are considered non-confidential on a restricted basis.
You cannot place tracking links on third party sites without permission.
Affiliates must disclose traffic driving techniques and transparency on request.
Sites with offensive content, or incomplete sites, will not be accepted.
The Network provides statistics and reporting for Affiliate payment calculations.
Affiliates must comply with all relevant international Internet privacy and data protection laws and regulations.
Overall accepted use of technology and the Affiliate Terms of Use Agreement.

TERMS OF USE CHANGES

The Network reserves the right to update, suspend, discontinue, change or otherwise modify this Terms of Use Agreement for Affiliates at any time. When changes are made, notification will be made through the Site, network blog or email. At that time Affiliate may either agree to notified changes or withdraw from the Network.

In addition, please review our Privacy Policy here so that you may understand our privacy practices, which also govern your use of our website and your submission of personal information through the site.

By agreeing to these Terms of Use, you represent that you are at least 18 or the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. To actively participate in the Network, Affiliate must be at least 18 years of age, and supply tax classification. If requested by the Network, Affiliate must supply a valid tax identification number, which would be a social security number for individuals or a federal tax identification number for corporations and/or entities.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this site, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

Limited Right to Use

The using, printing, viewing or downloading of any graphic, content, form or document from the Network grants Affiliate only a revocable, nonexclusive license for use solely by Affiliate for purposes limited to the uses for the Network, and by Affiliates who have agreed to this Affiliate Agreement. All other uses of the Site will be as is reasonably required to view content and navigate through the pages and links available to the public using a standard Internet browser. None of the programs, content, forms, graphics or documents shall be used for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be incorporated into any information retrieval system, other Affiliate network system, or any other system that is not owned by the Network.

Non-Solicitation Agreement:

With qualified acceptance to the Network, Affiliate agrees to non-solicitation of any client for one year after the last recorded transaction of the Network, or Merchant, for business relationships outside of the Network. Evidence of any direct solicitation or request for ad or media buys, or other considerations such as marketing services, will be considered a violation of these terms of use. The Network reserves the right to terminate any Affiliate account in violation of this Affiliate Agreement.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Network and the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Network and the Site, except as allowed under “Limited Right to Use” above, is strictly prohibited. Affiliate does not acquire ownership rights to any content, document or other materials viewed through the Network or the Site.

You understand that your information may be collected and used in accordance with our Privacy Policy. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site, or any contact on the website through which the service is provided, without express written permission by us.

Warranty and Disclaimer

The Network warrants the computer programs, information and other content available on the Site provided for the Affiliate, are accurate and functional “as-is” to the best of the Network’s ability. ALL OTHER WARRANTIES ARE DISCLAIMED. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE DATE OF USAGE.

Adware/Malware

All websites configured in the Network by an Affiliate must conform to generally acceptable advertising practices. Affiliate websites or promotional tools must not support, advertise or promote downloadable advertising software (commonly known as “adware” or “malware”) that initiates or installs without the end user’s action of consent. An Affiliate found to be using any forms of adware, malware or spyware will be immediately removed from the network, and commissions voided.

Pay Per Click (PPC) and Search Engine Marketing

Any Affiliate of the Network using PPC to drive merchant traffic may not bid on merchant company name or merchant domain name. An Affiliate may not represent themselves as the merchant in PPC campaigns unless consent is given by the Merchant. Commission earnings that originate from a company name or domain name bid violation are subject to withholding.  Use of any of Merchants’ trademarks or any terms substantially similar as part of the domain or sub-domain or for use in PPC  is strictly prohibited without prior approval by LVR.

Network Affiliate Cookies

Network tracking cookies set by Affiliate end-user clicks, through campaigns and tracking links of any kind provided by the Network, must be the direct result of an end-user outbound click, whether from a web site, PPC campaign, newsletter or email. Forced clicks or practices otherwise known as cookie stuffing are against this Affiliate Agreement.

Merchant Brand Representation

The Network prohibits any Affiliate from representing themselves as the merchant by any means, or from using any web programming code or techniques to frame the Merchant’s site within an end user’s browser. If an Affiliate chooses to frame Merchant’s sites it must be with Merchant consent before doing so.

Non-Affiliate Owned Web Properties

With the exception of pay per click, search engine marketing, and influencer social postings, an Affiliate may only promote Merchants on web properties they own or operate. Any Affiliate is prohibited from placing tracking code from the Network, in or on all third-party web properties including, but not limited to, forums, message boards, social networks, user groups, blog comment areas, and classified services, unless consent is given in advance. 

Inactive Accounts

Any account that has been “inactive” for one year will be automatically deactivated from LVR. Inactivity is defined as having no record of clicks or ad impressions during the previous 12-month period. 

Transparency & Disclosure

Any software that masks or hides referring information or URLs in any way is prohibited from use. Any Affiliate, at the request of LVR, must disclose and provide accurate information on business models and online or offline promotional techniques used to drive traffic, referrals and conversions to Merchant Campaign’s. Failure to provide transparency may result in the suspension of an Influencer account until such disclosure is made.

FTC Disclosures

Affiliate is required to follow the Guides Concerning the Use of Endorsements and Testimonials in Advertising from the Federal Trade Commission. The guide sets forth the general principles the FTC uses to evaluate endorsements and testimonials, together with examples illustrating the application of those principles. The guide does not purport to cover every possible use of endorsements in advertising. Whether a particular endorsement or testimonial is deceptive will depend on the specific factual circumstances of the advertisement at issue.

Cyber, Domain or Typo-Squatting

Affiliate may not use a domain name with bad faith intent to profit from the goodwill of a trademark or copyright belonging to another company or individual. Any relevant activities including, but limited to, Typosquatting, URL Hijacking, Cybersquatting or Brandjacking are not permitted. The Network reserves the right to remove an Affiliate deemed to be violating the Anticybersquatting Consumer Protection Act, and void commissions.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ACCURACY OF BILLING AND ACCOUNT INFORMATION PROVIDED BY USER

We reserve the right to refuse any order or affiliate transaction you place with us.

You agree to provide current, complete, and accurate purchase and account information whenever you use the services on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, and contact you as needed.

OPTIONAL TOOLS AND SERVICES

We may provide you with access to third-party tools and services over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools and services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools, services, and resources). Such new features and/or services shall also be subject to these Terms of Use.

THIRD-PARTY LINKS

Certain content, products, and services available via our site may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, products, services, or websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please carefully review the third party’s terms of use, privacy policies, and other policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, services, or websites should be directed to the third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You represent and warrant that no part of your user content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further agree that your comments and content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or network. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments or content you make and its accuracy. We take no responsibility and assume no liability for any comments or content posted by you or any third party.

    INTELLECTUAL PROPERTY

    We respect the intellectual property of others. If you believe that a work has been copied or used on this website in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please use the information below to contact us. Please provide all relevant information to support your copyright complaint so that we can quickly and effectively take action as required.

    All information and content available on the website including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization (collectively, “Content”) thereof are the property of LVR, our affiliates, partners or licensors, and is protected by United States, international, and state laws, including laws governing copyrights and trademarks and unfair competition. Neither the Content nor any portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing stated or implied in this Terms of Use confers on you any license or right to use any Content, regardless whether the use is personal, non-commercial, or commercial

    ERRORS, INACCURACIES AND OMISSIONS

    There may be information on our network that contains typographical errors, inaccuracies, or omissions that may relate to content, descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

    We undertake no obligation to update, amend, or clarify information on the LVR website or affiliate network, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website has been modified or updated.

    PROHIBITED USES

    In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the network or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, network, or the Internet. We reserve the right to terminate your use of the Service or the network for any reason and at any time. 

    Affiliate must comply to all accepted terms of use as defined in this Affiliate Agreement. Network provided technology and scripts can not be altered from the way they are packaged and delivered. Affiliate may not artificially inflate traffic or click counts to merchant sites using any device, program, script, robot or any other fabricated means. Affiliate cannot publish or otherwise promote any content, or site, which is libelous, obscene, pornographic, abusive, fraudulent or in violation of any law.

    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    We do not guarantee, represent, or warrant that your use of our sites and network will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the websites and network will be accurate or reliable.

    You agree that from time to time we may suspend the network for indefinite periods of time or take down the network and websites at any time, without notice to you.

    Limitation of Liability, Indemnification

    Except for an obligation of indemnification, (i) neither the Affiliate nor the Network will be liable to the other for special, indirect or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), incurred or suffered by the other arising as a result of or related to the performance of the Network programs, accuracy of content or the Site information, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages and (ii) in no event shall the Network be liable for any direct damages in excess of the commissions paid herein during the most recent twelve (12) months. Affiliate will indemnify and hold the Network harmless against any claims incurred by the Network arising out of or in conjunction with breach of this Affiliate Agreement, the content on the Affiliate’s properties or the acts or omissions of Affiliate, as well as all reasonable costs, expenses and attorneys’ fees incurred therein.

    You expressly agree that your use of, or inability to use, the network is at your sole risk. The LVR website and network and all products and services delivered to you through the network are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except to the extent that such representations and warranties are not legally excludable.

    In no case shall LVR, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website or the network or services procured using the website, or for any other claim related in any way to your use of the site or network or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any website or any content (or product) posted, transmitted, or otherwise made available via the network, even if advised of their possibility.

    SEVERABILITY

    In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

    TERMINATION

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services and cease using our site.

    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and we may accordingly deny you access to our website (or any part thereof).

    ENTIRE AGREEMENT

    The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

    These Terms of Use and any policies or operating rules posted by us on this site or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

    Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

    GOVERNING LAW

    These Terms of Use and any separate agreements whereby we provide you services on this website shall be governed by and construed in accordance with New Hampshire law.

    Contact Information

    We welcome your comments or questions about this Privacy Policy. You may email us at affiliate@lvrpublishing.com