Common use of Promotion of Our Affiliate Relationship Clause in Contracts

Promotion of Our Affiliate Relationship. a. If We allow You to participate as an affiliate, then We will make available to You a variety of graphic and textual links (each of these links sometimes being referred to herein as “Links” or, individually, as a “Link”), that are subject to the terms and conditions of this Agreement. The Links will serve to identify Your site as a member of Our Marketing Affiliate Program and will establish a hypertext link from the Affiliate Site to Our website. The Links may connect to any area of Our website that We may designate from time-to-time (although commissions will only be issued on Qualified Purchases). In utilizing the Links, You agree that You will cooperate fully with Us in order to establish and maintain such Links. b. You also agree that You will display on Your site only those graphic or textual images indicating a Link provided by Us or expressly approved in advanced in writing by Us. Your Affiliate Site will display such graphic and textual images prominently in relevant sections of the Affiliate Site. You agree not to use cookie placing techniques relating to referrals to Benzinga that set a tracking cookie with any Referred Customer without the Referred Customer’s knowledge. Any information with respect to Us that is displayed on Your Affiliate Site must be provided by Us or expressly approved by Us in writing in advance of any display. c. EXCEPT AS PERMITTED ABOVE OR IN SECTION 14 BELOW, YOU MAY NOT AND ARE NOT AUTHORIZED TO (i) USE THE BENZINGA TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) (ALL OF THE FOREGOING, INCLUDING WITHOUT LIMITATION, THE “LINKS” AND THE “LICENSED MATERIALS” (DEFINED BELOW), ARE REFERRED TO HEREIN AS “OUR IP”), WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE OUR IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) CAUSE OR CREATE OR ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION” OVER THE USE OF OUR IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF OUR IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER (IN ADDITION TO BEING A BREACH OF THIS AGREEMENT) WILL CONSTITUTE UNLAWFUL INFRINGEMENT OF OUR TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING WITHOUT LIMITATION, TREBLE DAMAGES FOR KNOWING OR WILLFUL INFRINGEMENT), AND THE OBLIGATION TO PAY OUR LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH WE SEEK TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF OUR INTELLECTUAL PROPERTY RIGHTS. d. All Links may be modified and/or expanded by Us from time-to-time throughout the term of this Agreement. You are not allowed to post any refunds, credits or discounts or other content concerning Us, unless We have given You prior written permission in each instance. You may only use coupons and discounts that are provided exclusively through Our Marketing Affiliate Program. Each Link connecting users of Your site to the pertinent area of Our site may in no way alter the look, feel or functionality of Our site. Any violations of the terms surrounding links, coupons, refunds, credits or discounts will constitute a material breach of this Agreement and may result in Your termination from Our Marketing Affiliate Agreement or withholding of Commissions.

Appears in 1 contract

Samples: Marketing Affiliate Agreement

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Promotion of Our Affiliate Relationship. a. If We allow You you qualify and agree to participate as an affiliateAffiliate Site, then We we will make available to You you a variety of graphic and textual links (each of these links sometimes being referred to herein as “Links” orlinks, individuallywhich, as a “Link”), that are subject to the terms and conditions of this Agreementhereof, you shall display prominently throughout your site as you see fit and with our consent. The Links links will serve to identify Your your site as a member of Our Marketing the Imagine Toys Affiliate Program and will establish a hypertext link from the Affiliate Site your site to Our websiteours. The Links links may connect to any area of Our website that We may designate from time-to-time (although commissions will only be issued on Qualified Purchases)our site. In utilizing the Linkslinks, You you agree that You you will cooperate fully with Us us in order to establish and maintain such Links. b. links. You also agree that You you will display on Your your site only those graphic or textual images indicating a Link provided by Us or expressly approved in advanced in writing by Us. Your Affiliate Site us, and you will display substitute such graphic and textual images prominently in relevant sections of the Affiliate Site. You agree not to use cookie placing techniques relating to referrals to Benzinga that set a tracking cookie with any Referred Customer without the Referred Customer’s knowledge. Any information with respect to Us that is displayed on Your Affiliate Site must be new images provided by Us or expressly approved by Us in writing in advance of any display. c. EXCEPT AS PERMITTED ABOVE OR IN SECTION 14 BELOW, YOU MAY NOT AND ARE NOT AUTHORIZED TO (i) USE THE BENZINGA TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) (ALL OF THE FOREGOING, INCLUDING WITHOUT LIMITATION, THE “LINKS” AND THE “LICENSED MATERIALS” (DEFINED BELOW), ARE REFERRED TO HEREIN AS “OUR IP”), WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE OUR IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) CAUSE OR CREATE OR ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION” OVER THE USE OF OUR IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF OUR IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER (IN ADDITION TO BEING A BREACH OF THIS AGREEMENT) WILL CONSTITUTE UNLAWFUL INFRINGEMENT OF OUR TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING WITHOUT LIMITATION, TREBLE DAMAGES FOR KNOWING OR WILLFUL INFRINGEMENT), AND THE OBLIGATION TO PAY OUR LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH WE SEEK TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF OUR INTELLECTUAL PROPERTY RIGHTS. d. All Links may be modified and/or expanded by Us us from time-to-time to time throughout the term of this Agreement. All Affiliate Sites shall display such graphic and/or textual images prominently in relevant sections of their site. Any information with respect to us that is going to be displayed on your site must be provided by us or approved by us in writing in advance of any display. Affiliates are not permitted to establish any links to us in any community, forum, chat room or electronic bulletin board. All links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. You are not allowed to post any refunds, credits or discounts or other content concerning Us, coupon information unless We we have given You prior written permission in each instance. You provided you with the information and then may only use coupons and discounts that are provided exclusively through Our Marketing Affiliate Programbe posted in accordance with this agreement. Each Link link connecting users of Your your site to the pertinent area of Our our site may will in no way alter the look, feel feel, or functionality of Our our site. Any violations In addition, we encourage (but do not require) you to include a link to the home page of our site. We are not responsible for missing or lost revenue/sales in the case where the Affiliate alters the link in any way. Promotions of Imagine Toys product offers can only be promoted in the exact manner promoted by Imagine Toys, which includes the posting of expiration dates, availability of the terms surrounding links, coupons, refunds, credits or discounts will constitute offer and any related legal disclaimers. Affiliates may establish a material breach of this Agreement and may result Link only on URL's which have been approved by Imagine Toys in Your termination from Our Marketing Affiliate Agreement or withholding of Commissionsthe application process.

Appears in 1 contract

Samples: Affiliate Agreement

Promotion of Our Affiliate Relationship. a. If We allow You qualify and agree to participate as an affiliateAffiliate, then We will make available to You a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), that which are subject to the terms and conditions of this Agreementhereof. The Links will serve to identify Your site as a member of Our Marketing the Co-op Affiliate Program and will establish a hypertext link Link from the Affiliate Site Your site or e-mail to Our websiteOurs. The Links may connect to any area of Our website that We may designate from time-to-time site (although commissions Affiliate Credits will only be issued on Qualified Purchases). In utilizing the Links, You agree that You will cooperate fully with Us in order to establish and maintain such Links. b. . You also agree that You will display on Your site only those graphic or textual images (indicating a Link Link) provided by Us or text messages expressly approved in advanced in writing by UsHomeschool Buyers Co-op. Your All Affiliate Site will Sites shall display such graphic and and/or textual images prominently in relevant sections of the Affiliate Sitetheir site. Furthermore, You agree not to use cookie placing stuffing techniques relating to referrals to Benzinga that set a the affiliate tracking cookie with any Referred Customer without the Referred Customer’s 's knowledge. (example: iframe). Any information with respect to Us that is going to be displayed on Your Affiliate Site site must be provided by Us or for any modifications expressly approved by Us in writing in advance of any display. c. . Affiliate may contact the Homeschool Buyers Co-op through Our Contact Us page and by selecting the topic “Affiliate Program”. EXCEPT AS PERMITTED ABOVE OR IN SECTION 14 12 BELOW, YOU MAY SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE BENZINGA TRADEMARKHOMESCHOOL BUYERS CO-OP NAME, NAME TRADEMARKS, OR ANY OF OUR OTHER INTELLECTUAL PROPERTY (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) (ALL OF THE FOREGOING, INCLUDING WITHOUT LIMITATION, THE "LINKS" AND THE "LICENSED MATERIALS" (DEFINED BELOW), ARE REFERRED TO HEREIN AS "OUR IP"), WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE OUR IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) CAUSE OR CREATE OR ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST CONFUSION" OVER THE USE OF OUR IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF OUR IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER (IN ADDITION TO BEING A BREACH OF THIS AGREEMENT) WILL CONSTITUTE SHALL CONTITUTE UNLAWFUL INFRINGEMENT OF OUR TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING WITHOUT LIMITATION, TREBLE DAMAGES FOR KNOWING OR WILLFUL WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY OUR LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH WE SEEK TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF OUR INTELLECTUAL PROPERTY RIGHTS. d. All Links may be modified and/or expanded by Us from time-to-time throughout the term of this Agreement. You are not allowed to post any refunds, credits or discounts or other content concerning Us, unless We have given You prior written permission in each instance. You Affiliates may only use coupons and discounts that are provided exclusively through Our Marketing the Affiliate ProgramProgram using banners and links. Each Link connecting users of Your site to the pertinent area of Our site may will in no way alter the look, feel feel, or functionality of Our site. Any violations of the terms surrounding links, coupons, refunds, credits links or discounts will shall constitute a material breach of this Agreement Agreement, and may result in Your termination from Our Marketing Affiliate Agreement the program or withholding of CommissionsAffiliate Credits.

Appears in 1 contract

Samples: Affiliate Agreement

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Promotion of Our Affiliate Relationship. a. If We allow You qualify and agree to participate as an affiliateAffiliate, then We will may make available to You a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), that which are subject to the terms and conditions of this Agreement. The Links will serve to identify Your site as a member of Our Marketing Affiliate Program and will establish a hypertext link from the Affiliate Site to Our websitehereof. The Links may connect to any area of Our website that We may designate from time-to-time site (although commissions will only be issued on Qualified PurchasesQuote Submissions). In utilizing the Links, You agree that You will cooperate fully with Us in order to establish and maintain such Links. b. . You also agree that You will display on Your site only those graphic or textual images (indicating a Link Link) provided by Us or text messages expressly approved in advanced in writing by UsBaja Bound. Your All Affiliate Site will Sites shall display such graphic and and/or textual images prominently in relevant sections of the Affiliate Sitetheir site. You Furthermore, you agree not to use cookie placing stuffing techniques relating to referrals to Benzinga that set a the affiliate tracking cookie with any Referred Customer without the Referred Customer’s 's knowledge. (example: iframe). Any information with respect to Us that is going to be displayed on Your Affiliate Site site must be provided by Us or and expressly approved by Us in writing in advance of any display. c. . EXCEPT AS PERMITTED ABOVE OR IN SECTION 14 BELOWABOVE, YOU MAY SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE BENZINGA BAJA BOUND TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) (ALL OF THE FOREGOING, INCLUDING WITHOUT LIMITATION, THE "LINKS" AND THE "LICENSED MATERIALS" (DEFINED BELOW), ARE REFERRED TO HEREIN AS "OUR IP"), WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE OUR IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) CAUSE OR CREATE OR ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST CONFUSION" OVER THE USE OF OUR IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF OUR IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER (IN ADDITION TO BEING A BREACH OF THIS AGREEMENT) WILL SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF OUR TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING WITHOUT LIMITATION, TREBLE DAMAGES FOR KNOWING OR WILLFUL INFRINGEMENT), AND THE OBLIGATION TO PAY OUR LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH WE SEEK TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF OUR INTELLECTUAL PROPERTY RIGHTS. d. . All Links may be modified and/or expanded by Us from time-to-time to time throughout the term of this AgreementAgreement pursuant to the mutual agreement of the parties hereto. You are not allowed to post any refunds, credits or discounts discounts, or other content concerning UsBaja Bound, unless We have given You prior written permission in each instance. You Affiliates may only use coupons and discounts that are provided exclusively through Our Marketing the Affiliate ProgramProgram using banners and links. Each Link connecting users of Your site to the pertinent area of Our site may will in no way alter the look, feel feel, or functionality of Our site. Any violations of the terms surrounding links, coupons, refunds, credits or discounts will shall constitute a material breach of this Agreement and may result in Your termination from Our Marketing Affiliate Agreement the program or withholding of Commissions. Under this Agreement, You may not act as an insurance agent or broker or in any manner transact insurance. Without limiting the generality of the forgoing, You will not consult or advise customers regarding specific insurance products, coverages, or underwriters provided on Our website.

Appears in 1 contract

Samples: Affiliate Agreement

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