© Copyright 2015-2020 | Ashley Diana Black
International Holdings, LLC | An Ashley Black Company
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© Copyright 2015-2021 | Ashley Diana Black
International Holdings, LLC | An Ashley Black Company
Affiliate Terms and Conditions for Box Out Clients
As an authorized affiliate (Affiliate) of ADB Innovations LLC and its affiliated entities (ADB), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting ADB as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to ADB by your own website or personal referrals.
By signing up for the ADB Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
- Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 37 days.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. ADB reserves the right to require license agreements from those who employ trademarks of ADB in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with ADB, however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, ADB reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
- Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the ADB site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
- Coupon and Deal Sites
ADB occasionally offers coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on ADB Coupons, ADB Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
- Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITIES
- EXCEPT AS OTHERWISE SET FORTH ON THIS SITE, INCLUDING WITHOUT LIMITATION, THE PRODUCT DESCRIPTIONS, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS-IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OF THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.
- ASHLEY BLACK, ASHLEY DIANA BLACK INTERNATIONAL HOLDINGS, LLC AND ADB INTERESTS, LLC, AFFILIATED COMPANIES AND SUBSIDIARIES WHOLLY DISCLAIM RESPONSIBILITY FOR ANY AND ALL ADVERSE EFFECTS OR CONSEQUENCES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OR MISUSE OF ANY OF OUR PRODUCT(S) OR SERVICE(S).WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE ,QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS, WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO US FOR ANY PRODUCT GIVING RISE TO OUR LIABILITY. THIS LIMITATION OF LIABILITY DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- YOU ACKNOWLEDGE AND WAIVE ANY AND ALL LIABILITY, (WHETHER IN CONTRACT OR IN TORT, AND FOR ANY INJURY, ILLNESS, REACTION, ALLERGIC REACTION, OR LACK OF RESULTS WHILE USING OUR PRODUCTS OR SERVICES IN THE PRESENT OR FUTURE IN PERPETUITY) OF US AND ANY OF OUR PARENTS, SUBSIDIARIES, ASSOCIATED OR AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR ASSIGNS.
- YOU REPRESENT AND AGREE THAT WHERE PERMITTED BY APPLICABLE LAW, YOU WILL BRING ANY CLAIMS AGAINST THE US ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PART OF OR CLASS MEMBER IN A PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS WE BOTH AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
- Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless ADB and its affiliates and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by ADB to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
- Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Texas. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Harris County, Texas.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
You agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of ADB, its affiliates, and their respective employees, directors, and officers. You acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), clients and potential clients.
12. Intellectual Property
The FasciaBlaster® line of products and other products, and all features, functionality, tools, and content therefor (the "Ashley Black Products") is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Ashley Black Products and all intellectual property rights therein are the exclusive property of one or more of our companies. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying Products.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, tag lines, and other trademarks and service marks associated with ADB Interests, LLC and affiliated companies or the Ashley Black Products (the "Marks") are the property of ADB Interests, LLC and/or affiliated companies, and that you are not permitted to use, sell, or otherwise distribute the Marks without our prior written consent.
Subject to your compliance with these terms, we grant you a limited non-exclusive, non-transferable license to access and use our products for self-treatment and for treatment of your patients or clients and not for any other commercial use.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Ashley Black Products in any form or by any means, or sublicense the rights granted in the terms, except as expressly permitted herein, without the prior written permission from us.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us, except for the licenses and rights expressly granted in the terms. All rights not expressly granted to you by the terms are hereby reserved.
All content on this site, including, without limitation, any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, is owned exclusively by us and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Service may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without our express prior written permission.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof are © Copyright 2014-2019, ADB Interests, LLC and/or our affiliated companies . ALL RIGHTS RESERVED; or is the property of ADB Interests, LLC , Ashley Diana Black International Holdings, LLC and/or affiliated companies or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of our company is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of our company.
Our company name(s), trademarks and other proprietary marks or information may not be used in connection with any product or service that is not provided by us in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
All other trademarks displayed on our website(s) are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with us.
Notification of Claimed Copyright Infringement:
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following individual as our agent for receipt of notifications of claimed copyright infringement:
By Mail: ADB Interests, LLC [address] Pearland, TX 77581
By Email: firstname.lastname@example.org