If You promote, market or otherwise advertise (“Promote” or a “Promotion”) any product which is registered for sale via the IBOaffiliate Services, either by You or by another IBOaffiliate client (each a “Product”), whether via the IBOaffiliate Services or via any other online or offline channel or medium for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that:
* You will abide by IBOaffiliate’s Return and Cancellation Policy and You will establish Your Vendor Return Policy as set forth below.
* When You Promote a Product, You will use the applicable Vendor’s trademarks, logos, trade names or service marks in accordance with such Vendor’s trademark guidelines, which will either be supplied by IBOaffiliate or set forth in the Vendor Promotional Messaging Guidelines, if applicable. For purposes of this Agreement, “Vendor” is defined as any person or entity that submits one or more Products for sale via IBOaffiliate.com.
* You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively “IP Rights”) of any entity or individual
* You will not interfere with or manipulate rankings of IBOaffiliate’s Marketplace (as defined below in Section 4(d)), tracking of Commissions, or the normal flow of traffic to, through, or from the IBOaffiliate Services.
* If You Promote Products or Brands in a high risk industry, You must be in compliance with IBOaffiliate’s Additional Terms and Conditions provided to You, which are incorporated into this Agreement by this reference, at all times.
* You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.
* You will not Promote any Products or services to children under the age of thirteen (13).
* You will not defame any person.
* You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.
* You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.
* You will not in any way copy the “look and feel” of any third party website, or otherwise imply that the Promotion is in fact a third party website.
* All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC’s Endorsement Guidelines.
* IBOaffiliate reserves the right but is not obligated to review Your Promotions. You agree that IBOaffiliate, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or other items related to the content of Your Promotions.
* You will provide valid contact information, including but not limited to a working email address and phone number, where IBOaffiliate can send inquiries and receive a non-automated reply by end of the following business day.
* IBOaffiliate does not independently review, verify, guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any information provided by Vendors, nor is it responsible for any bonuses, prizes or other incentives offered by Vendors in the “Vendor Spotlight,” as described in this Agreement, or otherwise offered by Vendors via the IBOaffiliate Services. Your use of any information presented by a Vendor is voluntary, and Your reliance is at Your sole risk. You acknowledge and understand that IBOaffiliate does not verify statements, claims, incentives or Promotions made by Vendors in the Vendor Spotlight or otherwise made by Vendors via the IBOaffiliate Services