Affiliate Terms and Conditions
Affiliate Terms and Conditions
As an authorized affiliate (Affiliate) of LYCA
SMITH UNIVERSITY (NUVANEX LLC), you agree to abide by the terms and conditions
contained in this Agreement (Agreement). Please read the entire Agreement
carefully before registering and promoting NUVANEX LLC 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 NUVANEX LLC by your own website
or personal referrals.
By signing up for the NUVANEX LLC Affiliate
Program (Program), you indicate your acceptance of this Agreement and its terms
and conditions.
1. 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.
2. Commissions
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.
3. Termination
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. NUVANEX
LLC reserves the right to require license agreements from those who employ
trademarks of NUVANEX LLC 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 NUVANEX LLC, however, is acceptable.
· Self referrals, fraudulent transactions,
suspected Affiliate fraud.
In addition to the foregoing, NUVANEX LLC
reserves the right to terminate any Affiliate account at any time, for any
violations of this Agreement or no reason.
4. Affiliate Links
You may use graphic and text links both on
your website and within in your email messages. You may also advertise the NUVANEX
LLC 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.
5. Coupon and Deal Sites
NUVANEX LLC occasionally offers coupon 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 NUVANEX LLC Coupons,
NUVANEX LLC 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.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior
written permission.
7. Liability
NUVANEX LLC will not be liable for indirect or
accidental damages (loss of revenue, commissions) due to affiliate tracking
failures, loss of database files, or any results of intents of harm to the
Program and/or to our website(s).
We do not make any expressed or implied
warranties with respect to the Program and/or the memberships or products sold
by NUVANEX LLC. We make no claim that the operation of the Program and/or our
website(s) will be error-free and we will not be liable for any interruptions
or errors.
8. 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.
9. Indemnification
Affiliate shall indemnify and hold harmless NUVANEX
LLC and its affiliate and subsidiary companies, officers, directors, employees,
licensees, successors and assigns, including those licensed or authorized by NUVANEX
LLC 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.
10. 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
Florida. Any dispute arising under or related in any way to this Agreement
shall be adjudicated exclusively in the state courts located in Pasco County,
Florida.
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.
11. Electronic Signatures Effective
The Agreement is an electronic contract that
sets out the legally binding terms of your participation in the NUVANEX LLC
affiliate program. You indicate your acceptance of this Agreement and all of
the terms and conditions contained or referenced in this Agreement by
completing the SMX Affiliate and/or NUVANEX LLC application process. This
action creates an electronic signature that has the same legal force and effect
as a handwritten signature.