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Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.
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Terms and Conditions
To be an authorized affiliate of Revolver Electronic Cigarettes, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Revolver Electronic Cigarettes service as an affiliate. By signing up for the Revolver Electronic Cigarettes affiliate program, you indicate your acceptance of this agreement and its terms and conditions. These General Terms and Conditions are between you and Revolver Electronic LLC. ("Revolver"). THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MICHIGAN. Notices and other communications to you, as required or permitted to be given hereunder, shall be posted in the Revolver Electronic Cigarettes Affiliate Program and/or otherwise e-mailed to the e-mail address provided in your application and shall be deemed effective upon posting or e-mailing, as applicable. You are responsible for updating your contact information within the Revolver Electronic Cigarettes Affiliate Program, and Revolver has no responsibility for any inability to contact you due to obsolete or incorrect contact information or due to any spam filters or other communication blocking devices you may employ. Notice or other communications to Revolver shall be sent by e-mail to affiliate@Revolvercig.com and shall be deemed effective one business day after e-mailing. This Agreement may not be assigned or otherwise transferred by you without the express written consent of Revolver.You and Revolver are independent contractors and nothing in his Agreement will create any partnership, joint venture or agency relationship. You'll have no authority to make or accept any offers, warranties, or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would cause confusion as to our relationship with you or otherwise contradict anything in this Section. Each party hereby represents that it has the authority and capacity to enter into this Agreement, including that all individuals executing this Agreement are 18 years of age or older. WARRANTY DISCLAIMER Except as expressly set forth herein, neither party makes any representations or warranties, express or implied, including any express or implied warranty of merchantability, fitness for a particular purpose, or non-infringement, or any representation or warranty as to any revenues or other economic or non-economic benefit that may accrue to the other party by reason of its participation in this Agreement. Furthermore, Revolver specifically makes no representation or warranty relative to the performance levels or continuous operation of the Revolver Site or the Revolver Electronic Cigarettes Affiliate Program. DEFINITIONS OF TERMS USED Throughout this Agreement, the following definitions apply: "Advertising" or "Advertisements" means any and all banner advertisements, pop-under placements, text links or other solicitations (including, if approved in advance by Revolver, Revolver Emails) through the Internet that promote the Revolver product and contain a Link to the Revolver Site. "Link" means an embedded graphic, icon or text provided by the Revolver Electronic Cigarettes Affiliate Program or Revolver containing a unique hypertext pointer to the URL address for the Revolver Site embedded in an Advertisement and which identifies the number of consumers that become Subscribers via the Advertisement. "Revolver Email" means any material you send by electronic mail that promotes the Revolver product. Revolver Emails require advance approval by Revolver and are otherwise prohibited. "Revolver product" means Revolver products currently offered on the Revolver Site. "Revolver Site" means the Revolver Internet site that is currently located at http://www.Revolvercig.com and any other additional, substitute or successor site that may be designated by Revolver under this Agreement. "Customer" means a person, with a mailing address within the United States who purchases the Revolver product using a Link and through such Link successfully purchases Revolver product (i.e., requiring the entry of name, address, email address, and valid payment information) via the Revolver Site and has not previously purchased the Revolver product. TERMINATION OF AGREEMENT We reserve the right, in our sole and absolute discretion, to accept or reject your application for any or no reason whatsoever. The term of this Agreement ("Term") will begin upon our acceptance of your application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Upon termination of this Agreement, Affiliate shall immediately cease serving Advertisements. No Referral Fees or bonuses shall be due with respect to Customers who register after the date of termination. We reserve the right to withhold your final payment permanently or for a reasonable period of time as necessary to calculate properly any amount that may or may not be due to you. Upon termination of this Agreement, all rights and obligations of the parties under this Agreement will be extinguished, except for those rights and obligations that either by their express terms survives or that are otherwise necessary for the enforcement of the Agreement. OBLIGATIONS OF REVOLVER Upon acceptance of your application, you will have the ability to access performance reports via your account in the Revolver Electronic Cigarettes Affiliate Program. The Revolver Electronic Cigarettes Affiliate Program interface will contain certain sales reports and traffic information related to your affiliate relationship with Revolver. These reports will contain estimates of the number of Internet user click-throughs to the Revolver Site from use of Advertising, the Referral Fees payable to you, and the number of Customers generated from use of Advertising. Revolver shall provide you with all Advertising and you shall use only Advertising provided by Revolver in promoting the Revolver product. The Advertising available for your use will be made available in the Revolver Electronic Cigarettes Affiliate Program. Revolver shall be solely responsible for creating and modifying all Advertising. During the Term, Revolver shall pay you a fee ("Referral Fee") for each sale from customer you deliver as of the last day of the month, as documented on the reporting system located in the Revolver Electronic Cigarettes Affiliate Program. Revolver reserves the right to adjust the Referral Fee payable to you to the extent of any reporting errors, fraudulent Purchases or intentional manipulations of the registration process, all as determined in our reasonable, good faith discretion. In addition to all other remedies available to it, Revolver shall have the right to refuse to make any payment to you with respect to any Customer that Revolver, in its reasonable, good faith discretion, determines was obtained as a result of promotional efforts that were in breach of this Agreement. The Referral Fees payable shall be in accordance with the Referral Fee pricing schedule set forth on the Revolver Payment Schedule. The Revolver Payment Schedule is located on the Revolver Affiliate Site and is available through the Revolver Electronic Cigarettes Affiliate Program. Revolver reserves the right to change the Referral Fees payable hereunder by providing notice to you and reflecting such changes on the Revolver Payment Schedule. Any changes to the Referral Fees shall become effective upon notice to you. Such notice may be in the form of an email to you or by posting in the Revolver Electronic Cigarettes Affiliate Program. OBLIGATIONS OF THE AFFILIATE As an Affiliate, you are permitted to promote the Revolver product only through Advertisements offered through the methods listed below. We reserve the right, in our sole and absolute discretion, to remove you from the Revolver Affiliate Network for any or no reason whatsoever. Links from your website to the Revolver Site, and Links or pop-under placements on websites for which you have received express written permission from such sites to serve such links or placements and as otherwise subject to the limitations set forth in this Agreement. All promotional activities undertaken by you to promote the Revolver product shall be made in accordance with all applicable laws and regulations. You shall not complete the registration to or otherwise interact with the Revolver product on behalf of any third party. You are only permitted hereunder to link third parties to the Revolver Site. All information obtained at the Revolver Site from individuals linking to the Revolver Site shall be the sole and exclusive property of Revolver and, except as specifically provided herein, you shall neither have access to such information nor use any device, technique or software to obtain information from the Revolver Site. If you desire to promote the Revolver product by purchasing, either directly or indirectly, search terms from websites, search engines or other directory or referral services by incorporating keyword text into meta tags or websites or by using other search engine optimization techniques, by distributing Revolver Emails, or by offering, either directly or indirectly, any consideration or incentives to potential Subscribers to register for the Revolver product, including without limitation, payment of money, rebates, discounts or other benefits, you must first get written permission from us, which may be given or withheld in our sole and absolute discretion. We reserve the right to revoke such permission at any time for any or no reason whatsoever. You shall not bid or otherwise purchase, either directly or indirectly, the search name "Revolver" or any misspelling or variant thereof from websites, search engines or other directory referral services. You shall not, in any way, utilize pop-over Advertisements or Spyware to promote the Revolver product. You shall replace any Advertising displayed on your site with any new Advertising provided by Revolver within seven (7) days after receiving notice from us of the new Advertising. You shall not modify any Advertisement in any way. Your site shall not in any way copy or resemble the look and feel of the Revolver Site, nor shall you create the impression that your site is the Revolver Site or a part of the Revolver Site. You shall not use Revolver or any variation or misspellings thereof in your URL. You shall not frame or permit the framing of any page of the Revolver Site. During the Term, you will not disparage Revolver, the Revolver Site or the Revolver product, or portray these in a derogatory or negative manner. The content of your website will, at all times, be in good taste. You are solely responsible for the development, operation and maintenance of your website and will indemnify, defend and hold Revolver harmless from any claims arising out of or related to your website. You may not advertise Revolver by way of any health claims or claims that Revolver is a smoking cessation device. You may not use any form or variations of the words "SAFE" or "HEALTH" in your advertising. You may not make any claims as to the chemical composition of the Revolver cartridges or vapor, other than those statements expressly contained on the Revolver website. Notwithstanding anything to the contrary in this Agreement, any violation of this section shall result in immediate termination of your account without notice and forfeiture of any unpaid earnings as liquid damages for violation of this section. AGENTS AND SUB-AFFILIATES If you operate sub-affiliate networks, work with Agents or conduct reward programs with users, you agree to the following: Any relationships you enter into with third parties, sub-affiliates, or agents ("Agents") in connection with your promotion of the Revolver product are at your sole discretion. Revolver shall not be a party to any agreement that you have with an Agent and you are not authorized to make any commitments on behalf of Revolver to such Agents, including commitments regarding payment of fees to the Agents by Revolver or commitments for licenses to Revolver's name, logo(s), any provided images, or other intellectual property. Agents are not third party beneficiaries of this Agreement with Revolver. Any breach by your Agents of the terms and conditions of this Agreement shall be deemed a breach of this Agreement by you and Revolver shall have full recourse against you with respect to such breach. In the event Revolver has approved your use of Revolver Emails, as required under this agreement, that approval is personal to you only and may not be transferred to an Agent. An Agent may not send any Revolver Emails without separate approval from Revolver in each instance. You will provide Revolver with an up-to-date list of your Agents (site name and url) upon request. You agree to terminate your relationship with an Agent as it pertains to the Revolver Affiliate Network if an Agent engages in any activity that is prohibited as provided by this Agreement or if requested by Revolver, and if you do not terminate such Agent within five (5) business days from Revolver's request, Revolver reserves the right to withdraw you and all your Agents from the Affiliate Network and to refuse payment of any monies owing to you hereunder. You agree not to use any of the information provided via the Revolver Electronic Cigarettes Affiliate Program tracking technology to identify unique individual customer activity conducted by Revolver, nor to allow others to use the technology to identify such unique customer activity, nor to access such unique customer activity or data. You further agree not to transfer or reuse any data generated by the Revolver Electronic Cigarettes Affiliate Program. You are solely responsible for technical implementation and maintenance of any linking technology or tracking parameters necessary to utilize the Revolver Electronic Cigarettes Affiliate Program. You are responsible for conducting appropriate testing and verification of the Revolver Electronic Cigarettes Affiliate Program tracking parameters including link creation, click through, ordering, and reporting as necessary to insure correct and dependable operation of the Revolver Electronic Cigarettes Affiliate Program tracking feature. You understand and agree that your failure to properly implement the Revolver Affiliate Program technology feature can and will result in an inability of Revolver to pay you Referral Fees, for which Revolver has no obligation. REVISIONS AND MODIFICATIONS OF TERMS OF USE We may revise these Terms of Use at any time. By using this Revolver Electronic Cigarettes Affiliate Program, you agree to be bound by any such revisions. OWNERSHIP OF ADVERTISING AND INDEMNIFICATION Revolver represents that it is the owner of the Advertising and has all ownership or license rights with respect to the contents thereof. Revolver and Affiliate hereby acknowledge and agree that Affiliate shall have no responsibility with respect to the content of the Advertising supplied by Revolver hereunder. Any modifications to the Advertising made by Affiliate without the written consent of Revolver shall void the forgoing and Affiliate shall be liable for any damages arising therefrom. Revolver shall defend, indemnify and hold Affiliate, its directors, officers, employees, agents, affiliates, successors and assigns harmless from and against any and all third party claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) to the extent arising out of or related to any actual or alleged breach of this Agreement by Revolver, including without limitation any infringement of any copyright, trademark or other intellectual property right of any third party by the Advertising. Affiliate shall defend, indemnify and hold Revolver, its directors, officers, employees, agents, affiliates, successors and assigns harmless from and against any and all third party claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) to the extent arising out of or related to any breach or alleged breach of this Agreement by Affiliate, including without limitation any breach of Affiliate's obligations, and the confidentiality obligations outlined below. Any party seeking indemnification shall promptly notify the indemnifying party in writing of the claim and shall reasonably cooperate with the indemnifying party with respect to such claim. The indemnifying party will be entitled to control the defense and settlement of any claim against which the other party seeks indemnification with counsel of its own choosing and at its own expense; provided, that the indemnified party will be entitled to approve any non-monetary settlement. The indemnity obligations shall survive termination of this Agreement. LIMITATION OF LIABILITY Neither party will be liable for any consequential, indirect, special, incidental or punitive damages of any kind arising out of or in related to this Agreement, even if it has been advised of the possibility of such damages. This limitation shall survive the termination of this Agreement. PUBLIC ANNOUNCEMENTS Neither party may make any public announcement about the terms of the Agreement without the other party's prior written approval and consent. The parties agree that there will be no press releases issued in connection with this Agreement and you may not identify or list Revolver as a provider of Advertising to you without prior written approval from Revolver. CONFIDENTIALITY Each party acknowledges that by reason of its relationship to the other party hereunder it will have access to certain information and materials concerning the other's business, plans, customers, technology, products and services that are confidential and of substantial value to the other party, which value would be impaired if such information were disclosed to third parties. In particular, the parties hereto acknowledge that the information regarding Subscribers obtained during the Term and the effectiveness of Advertising hereunder are highly confidential and valuable to Revolver. Each party agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such information revealed to it as a result of or arising out of the relationship hereunder (other than to fulfill its obligations under this Agreement). Each party shall take every reasonable precaution to protect the confidentiality of such information. This Section shall survive termination of this Agreement. Notwithstanding anything in this Section to the contrary, any information required by legal process to be disclosed, already in the public domain or released through no fault of the parties will not be considered confidential information hereunder.
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Revolver Electronic Cigarettes
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