Affiliates

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Terms & conditions

To participate in the LivingLibations.com Affiliate Program, you must agree to the following:

By signing up as an affiliate with LivingLibations.com or by participating in the LivingLibations.com Affiliate Program, you are confirming that you have read this Agreement and you agree to be bound by its Terms and Conditions.

This agreement is by and between LivingLibations.com and/or their assigns and all subscribers. Unless the context requires otherwise, LivingLibations.com. and/or their assigns shall be referred to as “us, we, or our” and you shall be referred to as “you, your or subscriber.”

You understand that LivingLibations.com. and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold LivingLibations.com harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which LivingLibations.com and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

LivingLibations.com does not provide technical support on how to design websites, update ads, create other affiliate accounts, post banners etc. It is up to you to design your own website and to paste your link or banner add into your website.

It is the responsibility of the affiliate to obtain affiliate banners and links from their LivingLibations.com Affiliate Panel and to clearly post those affiliate banners and/or links. LivingLibations.com is not responsible for paying commissions on purchases unless the purchase/referral was tracked with the affiliate’s code/link.

Commissions are paid bi-monthly (every other month) through PayPal or by issuing a LivingLibations.com Store Credit.  If you choose PayPal, please ensure your PayPal email address/account is correct and up-to-date so that you receive your payment without delay.

Commission Fees shall be paid based on the current information in Your Affiliate profile. Please notify us promptly of any change in your address by updating your profile information in the Affiliate panel. You are responsible for informing LivingLibations.com of your desired Payment form/type:

•	You may choose to receive Commission Fees in the form of a store credit to your LivingLibations.com customer account. If you elect to receive Commission in the form of a store credit, LivingLibations.com will credit your customer account for Commissions Earned.

•	You may choose to receive Commission Fees in the form of a PayPal payment. 
Products may go on sale from time-to-time, you will earn commission based on the price of the product when purchased (regular or sale price) by your referral.

LivingLibations.com has the right to modify the affiliate program without notice.

A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.

B. Termination. We may terminate your account:

(a) if you violate our Terms and Conditions; (b) promote LivingLibations.com in a manner that is unethical or inappropriate; (c) promote Living Libations through Pay-Per-Click (PPC) and/or Google AdWords (this includes, but not limited to Bing, Yahoo and all other search engines); or (d) for any reason, in our sole discretion.

Please note – Repeat sales that come through from the referrals that resulted from PPC and/or Google AdWords (this includes, but not limited to Bing, Yahoo and all other search engines) will be declined and commissions will not be paid.

LivingLibations.com reserves the right to remove an Affiliate from the Affiliate Program and to terminate or suspend this Agreement, at any time for any reason, in LivingLibations.com sole discretion.

Any Affiliate who violates either this Agreement or LivingLibations.com Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the LivingLibations.com Affiliate Program.

C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE LivingLibations.com, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) you will not use the words Living Libations, livinglibations, and/or livinglibations.com as a part of your URL address, username, or handle on Instagram (IG), Pinterest, Facebook, Twitter, any social media platforms or on a website page. (4) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting

intellectual property. (5) to accept LivingLibations.com Newsletters (Affiliate and General) and commercial emails from us. (6) you will not promote Living Libations through Pay-Per-Click (PPC) and/or Google AdWords (this includes, but not limited to Bing, Yahoo and all other search engines).

If we learn of a violation or likely violation of our TERMS AND CONDITIONS, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS AND CONDITIONS, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

Any Affiliate who violates either this Agreement or LivingLibations.com Terms and Conditions and/or been Terminated from the LivingLibations.com Affiliate Program will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the LivingLibations.com Affiliate Program

LivingLibations.com reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at a time for any reason, in LivingLibations.com sole discretion.

Without limitation, Affiliate’s participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.

YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.

E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.

G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.

H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing via email and shall be deemed to have been given on the date of delivery.

I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I – We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

LivingLibations.com Affiliate Program Terms and Conditions modified July 11, 2018.

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