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Thank you for choosing to become an Affiliate of Levity Group Inc. (“Levity” or “Us”) online regarding our hemp and hemp-related products (collectively, the “Products”), as well as for reviewing these Terms. We want every user of our Products to be satisfied with same and, more important, to provide a venue by which loyal customers like yourself are able to be rewarded for using our Products and relating your experiences with same. In order to accomplish the continued enjoyment of our Products and to provide compensation for your loyalty in promoting same, we’ve established our Affiliate Program and set in place the following Terms governing same. These Terms control the aspects of your role as our Affiliate, so please be sure to read these Terms in their entirety.
You have chosen to become an official Affiliate of Levity, through which position you shall endeavor to actively promote, market, and otherwise advertise our Products on all social media platforms and online websites approved by Us, in our sole and absolute discretion, in exchange for being compensated for such promotional activities as contemplated and described herein. Regarding this business relationship, you are being engaged by Us as an independent contractor with respect to all such promotional activities and neither you nor any individual and/or entity employed, contracted, or otherwise affiliated with you shall be deemed for any purpose to be the employee, agent, servant, representative, or subcontractor of Levity other than as specifically and expressly stated herein.
These Terms constitute a valid, binding contract between you and Levity, and also sets out your rights and responsibilities as related to same. Remember, in order to fully become an Affiliate of Levity, you must agree to and abide by these Terms, so if you do not agree with these Terms, then you may not be our Affiliate.
As you are already aware as a loyal customer of Levity, we are in the business of developing, marketing, and placing for retail sale certain hemp-related products of superior quality (our “Products”). We have spent an enormous amount of time, energy, and expense in developing our Products and the quality we have achieved through developing our intellectual property, and proprietary and confidential information, has allowed us to gain a competitive advantage in the marketplace. While our Products maintain a wide range of use amongst our customers, the advantages of our Products may not be widely known to certain areas of the population. This is the very reason we developed our Affiliate Program: to ensure that we’ve reached as large an audience as we could in order to enhance people’s knowledge and experience with hemp-based products. Thus, as our Affiliate you have the opportunity to market, advertise, and otherwise promote these Products and the specific benefits and advantages of these types of products, generally.
Our Affiliate Opportunity
As we describe and discuss further within these Terms, we are seeking loyal customers just like you to become an Affiliate of ours and assist Us with the marketing, advertisement, and promotion of our Products on all social media platforms and other online venues that we approve to you in writing. We understand that you share our passion for the benefits and advantages of our Products, so we respectfully ask that as our Affiliate you promote our Products to your friends and family, and even your frenemies and any other person who you reasonably believe could benefit from using our Products.
As a guide for the types of brief promotional statements that we have in mind, consider the following examples that you could post on any social media platform or approved website, which you are free to use at your convenience:
“Check out this great new hemp product I found! This is so much different than any other hemp/CBD product I’ve tried before, and I love it! Use the link below to receive a 10% discount on your purchase.” [link to be provided]
“I just found this new hemp product and it really packs a punch! I’ve never tried any hemp product that worked like this one and I bet you’ll love it. Use this link to receive a 10% discount on your purchase.” [link to be provided]
“You’ve got to try this new hemp product I found, it’s so different from anything I’ve ever tried before. This is definitely not your daddy’s CBD. Use this link to receive a 10% discount on your purchase!” [link to be provided.
When posting on social media platforms, we encourage the use of hashtags in order to potentially trend our Products and the discounts you are able to provide to others as our Affiliate. Specifically, we have approved the hashtags: “#hemparita” and “#hempresponsibly,” but encourage you to create your own hashtags and inform us of same so we can approve same for use by all our Affiliates and customers. Further, we want to make sure our potential customers understand that our Products stand-out and are different than those of our competitors. Thus, we further encourage and suggest that you emphasize the unique quality of our Products when crafted any promotional statements or hashtags.
Otherwise, when posting either on social media or any other online venue, please ensure that you are correctly referring to our Products as “hemp” products and/or “hemp/CBD” products, so that there is no confusion amongst our potential customers as to the nature of our business or the types of products that we develop and produce. This is especially important to remember and abide by as our Affiliate, so please do not be surprised if we remind you to include such descriptions or correct any misuse or mischaracterization of our Products.
In consideration of your continued assistance in the marketing, advertising, and promotion of our Products, we will tender payment to you in the form of a commission on each sale attributable to your advertising or marketing of our Products in the amount of ten percent (10%) of the purchase price of each of our Products that are sold. If you refer another individual or entity to Us and that individual or entity also becomes an Affiliate, we shall further tender payment to you in the form of an additional commission on each sale attributable to the referred Affiliate’s advertising or marketing of our Products in the amount of two and one-half percent (2.5%) of the purchase price of each of our Products that are sold.
Any compensation we tender to you pursuant to these Terms shall be paid by Levity to you within thirty (30) days of the confirmation of your assistance in consummating the relevant sale of our Products for which such compensation is calculated.We shall provide an IRSForm 1099-MISC to you as you acknowledge, understand, and agree that you are solely responsible for all federal, state, and localtaxes applicable to any compensation you are tendered by Us pursuant to these Terms.
As may be further discussed herein, through our Affiliate Program, as well as our website, we collect and process important data necessary for the continued development of our Products and any services we offer, as well as the marketing, advertisement, and promotion of our Products and related services. While we may make this data available to you as a member of our Affiliate Program at your request, and while you are free to retain a copy of this data, this data is the sole and specific property of Levity. This means that while you are able to retain and use the data generated through our Affiliate Program for your own personal purposes, you are expressly prohibited from attempting to commercialize this data or use this data in any manner that generates profit. The data generated through use of our Affiliate Program is imperative to the continued growth, development, and success of our business, and Levity alone has the sole and absolute right to commercialize this data or utilize this data for any purpose related to generating profit, including the sole and absolute right to sell this data.
By deciding to become our Affiliate and participate in our Affiliate Program, you unequivocally acknowledge, understand, and agree that the data generated through same is the sole property of Levity, that you shall not make any attempt to commercialize or utilize this data for profit, and that only Levity has the right to commercialize and utilize the data for profit.
Remember, we certainly do not mind that you retain a copy of the data generated through your involvement in our Affiliate Program. In fact, we encourage you to review and maintain such data if it helps you further utilize our Affiliate Program and enhance your successful role as our Affiliate to its fullest potential. However, please understand that any attempt by you to commercialize or generate profit using this data is unlawful, and, as such, any profits generated by any such unlawful attempts shall also automatically be the sole property of Levity.
The utilization of our Affiliate Program inherently involves the inclusion of personal information provided by you that may relate to your personal financial accounts and personal contact and/or identifying information. The transmission of this information to third-party payor processors may also be necessary in order to ensure that you receive any compensation you earn as our Affiliate. By participating in our Affiliate Program, you explicitly acknowledge and agree that Levity has no control over how third-party payor processors utilize your provided information and, as such, that Levity is not liable or responsible in any way for how any third-party which receives necessary personal information from you uses said information.
It is your sole and exclusive responsible to ensure the privacy and confidentiality of any financial and/or personal identifying information that you submit through our Affiliate Program, including any login and password that you create through utilization of our Affiliate Program. In the event that you discover any such login, password, and/or information has been comprised or is being used by a party that does not have your permission to do so, then you must immediately contact Us so that we may freeze your account and prevent any further unauthorized transactions from being consummated. To be clear, however, you shall remain liable for any transactions consummated through utilization of our account that uses your login, password, and/or information for same. Levity cannot and does not excuse any liability or responsibility which you may have regarding such unauthorized use with any third-party payor processors that facilitate payment through utilization of our Affiliate Program.
You are solely and exclusively responsible for all information that you submit within the Affiliate Program and explicitly understand that such submission of information may not always be withdrawn once submitted. You further expressly acknowledge, assume, agree, and accept all risk associated with the submission of your information within our Affiliate Program and the transmission of your information to any third-party payor processors, including the reliance of Levity and any such third-party payor processors upon the accuracy, reliability, or quality of the information you submit. You also warrant and represent that any information submitted by you through the use of our Affiliate Program is solely and exclusively owned by you or that you have the express permission to submit said information. In the event you submit any information during the utilization of our Affiliate Program that is false or defamatory, not owned by you, to which you do not have permission of use, or violates any right, title, or interest of any third-party, you explicitly acknowledge, understand, and agree that you are potentially exposing yourself to legal liability and that Levity is not in any way responsible for such exposure.
Your information you submit through utilization of our Affiliate Program is owned by you and Levity does not claim any ownership or interest in said information. However, by participating in our Affiliate Program you grant Levity express permission to transmit your data to third-party payor processors, as stated herein, as well as retain such data in order to assist and enhance your utilization of our Affiliate Program.
As an Affiliate of Levity, you have the ability to market, advertise, or otherwise promote our Products on all social media platforms and all other online and/or website venues decided by Us in our sole and absolute discretion. These social media platforms and other online sources may host and present information and/or content, such as links and/or advertisements, regarding other companies, websites, and/or mobile applications (“Third-Party Content”). Levity neither endorses nor controls the information or data displayed, advertised, or otherwise represented through this Third-Party Content. Your use or utilization of any such Third-Party Content is done at your own risk and you expressly agree that Levity is not responsible for any aspect of such Third-Party Content. You further acknowledge that such Third-Party Content may require consent to additional third-party terms of service or use, privacy policies, or other terms and provisions that are not reprinted here and for which you remain responsible to familiarize, learn, and follow.
Levity does not review, filter, or otherwise screen or censor any Third-Party Content, and we do not guarantee the accuracy, reliability, or quality of any Third-Party Content which you may be presented with through utilization of our App, and any further exchange, submission, or transmission of data or information between you and any third-party, including the consummation of any transactions of any kind, is solely between you and said third-party and Levity has no liability or responsibility with regard to same.
All aspects of our Affiliate Program, with the exception of ownership of your personal data, as contemplated and described above, but including all information we provide through any associated Levity website online or through our Affiliate Program, is the sole property of Levity. This specifically includes, but is not limited to, all intellectual property associated with our Affiliate Program and our Products, such as design aspects, all technology used by or associated with same, any trademarks or trade associated with our Products, our Affiliate Program, or Levity Group Inc., generally, and any patent rights associated with same.
We continuously strive to ensure that we do not infringe upon the intellectual property of others, whether it be trademark, copyright, trade secret, or patent, and we want your help in making ensure that the rights of everyone using our Affiliate Program, or utilizing any associated Levity website, whether as a customer, vendor, third-party payor processor, or otherwise, does the same. Thus, we ask that if you see any information or activity you believe to be infringing upon the intellectual property of either Levity, committed by any other Affiliate, or any other third-party, you let us know immediately. We will investigate the situation after receiving such a report, but Levity expressly disclaims any liability for such investigation. Rest assured that your reports to us will be held in strict confidence.
By participating in our Affiliate Program, you are granting Levity a non-exclusive license to submit, use, and transmit any information you make available through the use of our Affiliate Program. This license shall be worldwide, royalty-free, sub-licensable, irrevocable, and perpetual. If that sounds like scary legal language, don’t worry. We do not want to steal or misappropriate the proof of your successful position as our Affiliate. If we did that, we’d be doing both you and Us a disservice. What we do want to do, however, is have the ability to ensure that your participation in our Affiliate Program is successful, so as to promote both our Products and the advantages of becoming our Affiliate. In this way, we want to help you because that helps us both.
Also by participating in our Affiliate Program, we grant to you a non-exclusive, revocable, and non-transferable license to use the services and publicly-shared information offered through our Affiliate Program and any associated Levity website for non-commercial, non-profit-oriented personal purposes. As a condition of this license, you agree not to use the services provided through our website to perform and illegitimate or illegal actions, including, but not limited to, misappropriating the data generated through participation in our Affiliate Program or the original content of any associated Levity website, breaking any law of any domestic or foreign jurisdiction, or avoid any fees or taxes incurred as a result of participating or acting as our Affiliate or utilizing any associated Levity website. You further agree not to use the services provided through our website to in any way compete with Levity or any of our subsidiaries.
Please note that all images, written words, logos, and other media which appears on our website is the federally protected intellectual property, whether trademark, copyright, or otherwise, of Levity, and any unauthorized use of such media shall be considered as an unlawful violation of Levity’s exclusive ownership rights of such media and prosecuted to the fullest extent the law allows.
Prohibited Use and Utilization
Through your participation in our Affiliate Program, you expressly acknowledge, understand, and agree that you will not utilize our Affiliate Program or your status as our Affiliate in any way which (1) violates any applicable law of any jurisdiction that may apply to such use; (2) violates these Terms or any related policies that are promulgated by Levity and apply to your participation in our Affiliate Program, as amended from time to time; and further (3) that you will not submit or transmit any information that infringes upon the intellectual property or confidential or proprietary rights of any other third-party in conflict with any applicable law of any jurisdiction that may apply to such action; (4) that you will not submit fraudulent or false information through participation in our Affiliate Program that is designed to mislead or falsify your identity or assume the identity of any other third-party; (5) that you will not actually, or attempt to, reverse-engineer or gain unauthorized, unlawful access to any aspect of our Affiliate Program or Products or any associated Levity website, including our computer systems, computer servers, or computer networks; (6) that you will not attempt to damage or disrupt any aspect of our Affiliate Program or any associated Levity website, whether through computer viruses, harmful programs, or otherwise; and (7) that you will not market, advertise, or promote our products to any individual less than twenty-one (21) years of age.
General Disclaimers of Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, PROVIDE OUR AFFILAITE PROGRAM, ANY ASSOCIATED LEVITY WEBSITE, AND THE SERVICES OFFERED THROUGH UTILIZATION OF SAME “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION EITHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, WE DISCLAIM ANY AND ALL WARRANTIES POTENTIALLY APPLICABLE TO OUR WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER LEVITY NOR ANY OF LEVITY’S AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND/OR AGENTS SHALL BE LIABLE FOR ANY PRODUCTS PROCURED OR TRANSACTED FOR THROUGH PARTICIPATION IN OUR AFFILIATE PROGRAM THAT RESULT IN THE CAUSATION OF INJURY OR THAT DO NOT SATISFY OR MEET EXPECTATIONS OR PERSONAL REQUIREMENTS OR THAT YOU OTHERWISE CONSIDER UNACCEPTABLE.
You expressly acknowledge, understand, and agree to indemnify, hold harmless, and defend Levity, its affiliates, subsidiaries, officers, directors, employees, representatives, and agent from and against any and all third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses, including costs of court and attorney’s fees, arising out of or relating to (1) your access or participation in our Affiliate Program or any associated Levity website; (2) your violation of any applicable law of any applicable jurisdiction; (3) your violation of these Terms; (4) your breach of any representation or warranty provided by you to Levity pursuant to these Terms; or (5) your infringement, or the infringement by any third-party using your access to our Affiliate Program, of any intellectual property or other right of any third-party. Levity reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Levity and you agree to cooperate with our defense of said matter. You further agree not to settle any such matter without the prior written consent of Levity. You further agree to immediately notify Levity of any such claim or matter and Levity shall use all reasonable efforts to notify you of same upon Levity’s being notified of same.
In the event of any dispute that arises between you and Levity regarding these Terms, your participation in our Affiliate Program, or your utilization of any associated Levity website, you specifically acknowledge, understand, and agree that such dispute shall be subject to and resolved pursuant to the alternative dispute resolution procedures contemplated and described immediately below without the use of litigation in any circumstance.
In any such dispute, the dispute shall:
DMCA and Copyright Disclaimer
Levity is an online service provider as defined in the Digital Millennium Copyright Act of Title 17, Chapter 5, of the United States Code. We may at times provide legal copyright owners the ability to upload and publish various images and other media through our Affiliate Program or any associated Levity website. While we may allow our users to perform these tasks, we do not screen, review, or otherwise monitor the various images and other media uploaded through our website by our users.
We at Levity take copyright violation seriously and will assist in any way possible to protect the right of legal copyright owners, whether they be our users or otherwise. If you are a legal copyright owner whose copyrighted content appears through our Affiliate Program or any associated Levity website without your express authorization, then notify us in writing immediately so that we may identify and confirm the allegedly infringing content and take all appropriate actions to resolve same.
In the event you send us such written notice of alleged infringement copyrighted content, please make sure that you include all identifying information necessary to confirm both the content and your ability to act on behalf of that content. Specifically, please make sure to include the following in your written notice.
Again, Levity considers copyright violation to be a serious act, and for that reason, we must also state that person and/or entity who knowingly and materially misrepresents that certain other material or activity is an act of copyright infringement may be subject to civil liability pursuant to 17 U.S.C. § 512(f).
You are free to terminate your position as our Affiliate and your responsibilities pursuant to these Terms at any time without penalty by simply ceasing all further promotional activities related to our Products or notifying Levity in writing that you no longer wish to participate in our Affiliate Program and declare your notice of termination. Upon Levity’s receipt of any such declaration or notice of termination, we may prevent you from further utilizing our Affiliate Program or any associated Levity website if you have not already taken steps to have done so. Such prevention shall include the termination of any license or permission granted to you pursuant to these Terms. Alternatively, we reserve the right to prevent you from participating in our Affiliate Program or from utilizing any associated Levity website at any time and for any reason, in our sole and absolute discretion.
Consent for Electronic Communications
You agree and consent to receive all communications, information, correspondence, data, notices, disclosures, and other documents from Levity electronically that relate to your participation in our Affiliate Program. We may be required at times, under color of applicable law, to deliver to you such communications and/or information, including, but not limited to, these Terms, as well as any other consents or approvals or relevant information associated with your participation in our Affiliate Program. It is your sole responsibility to ensure that you have provided us with the correct and current contact information that will allow us to deliver you such information and Levity shall incur no liability on account of you having provided incorrect or false contact information or otherwise refusing or failing to keep such information current with Levity.
Governing Law. These Terms are governed, construed, and administered according to the laws of the State of Colorado, as from time to time amended, and any applicable federal law. No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of Colorado or of any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Colorado.
Severability. The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of any other provision of these Terms. If an arbitrator or arbitration tribunal of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms are to be construed as if the invalid provision had never been included in these Terms.
No Binding Agreement for Other Transactions. You and Levity agree that neither you nor Levity will be under any legal obligation of any kind whatsoever with respect to any other transaction by virtue of these Terms, except for the matter specifically agreed to herein. These Terms do not create a joint venture or partnership between you and Levity.
Entire Agreement. These Terms constitute the entire understanding between you and Levity and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between you and Levity, with respect to the subject matter and provisions contained in these Terms.
Assignment. You may not assign these Terms, or any rights or obligations contemplated or described herein, whether by operation of law or otherwise, without the prior written consent of Levity. Any such attempt by you to assign such rights or obligations shall be considered null and void. Levity reserves the right to assign these Terms to any third-party, including all applicable rights and obligations contemplated and described herein, without notice, penalty, or consent. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit or you and Levity, as well as the successors and permitted assigns of you and Levity.
Modification for Legal Events. If any arbitrator or arbitration tribunal of competent jurisdiction determines that any provision or any part or any provision set forth in these Terms is unenforceable, the arbitrator or arbitration tribunal has the power to modify the unenforceable provision instead of severing it from these Terms entirely. The modification may be made by rewriting the offending provision, be deleting all or a portion of the offending provision, by adding additional language to these Terms, or by making other modifications as it determines necessary to fulfill the intent of said provision and these Terms to the maximum extent permitted by applicable law. You and Levity agree that these Terms as so modified shall be binding upon and enforceable against both you and Levity.
Now that all that is out of the way, please understand that our business is made better by having you has a user. We will do everything we reasonably can to ensure a positive experience for you while participating in our Affiliate Program, and we ask that you try to do the same for us. To that end, you may contact us at any time regarding any questions, comments, concerns, or reports involving these Terms. Thank you for visiting and using Levity and choosing to be our loyal Affiliate! We cannot and do not exist without wonderfully supportive people like you!