Elevate Network Affiliate Agreement
This Elevate Network Agreement constitutes a legally binding agreement between The Elevate Network and you. BY USING THE AFFILIATE LINKS PROVIDED YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH THE ELEVATE NETWORK, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH ELEVATE NETWORK MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU REMAIN AN AFFILIATE OF THE ELEVATE NETWORK. Subject to the terms and conditions of this Agreement, The Elevate Network hereby grants to You a non-exclusive, revocable, right and license, without the right to sublicense, to use The Elevate Network's proprietary online platform, including without limitation the website located at https://myelevatenetwork.com, any services offered on or through such website, and any servers, computers or networks used to provide such website.
1. REGISTRATION. You will be required to register for an account in order to use certain Elevate Network Services. When You provide information during the registration process, You agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy. If You register for a Elevate Network Affiliate account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Elevate Network Services using Your account information in whole or in part. Elevate Network reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability.
2. EMAIL, TEXT MESSAGES AND TELEMARKETING. If You send, or cause to be sent any emails in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the Elevate Network Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") and the Children's Online Privacy Protection Act ("COPPA") (Information on these laws can be found at http://www.ftc.gov/spam/ and https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy. You shall not directly or indirectly exploit documented or undocumented security holes on any client or server machine, or obtain email addresses via automated means or send any email to any address which was obtained via automated means or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy. You may not, directly or indirectly, send, initiate or procure the sending of any text message, or use or procure the use of any telemarketing activities, to Promote or sell Products, unless You have received prior written approval from Elevate Network. If You receive such approval and You send, or cause to be sent, any text messages or use or procure telemarketing activities in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the Elevate Network Services, then You represent and warrant that all such text messages or calls will be in full compliance with all applicable federal and state laws and regulations that apply to sending electronic messages and using telemarketing activities, including without limitation regulations issued by the FTC, the Federal Communications Commission ("FCC"), the CAN-SPAM Act, the Telephone Consumer Protection Act ("TCPA") and state laws regarding anti-spam, text messages and Do-Not-Call Registries (Information on these laws can be found at https://www.fcc.gov/sites/default/files/tcpa-rules.pdf, https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts, and https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy.
3. ELEVATE NETWORK'S IP RIGHTS. You may not use Elevate Network's name, trademarks, service marks or any other IP Right of Elevate Network in any manner whatsoever to suggest association or affiliation with or endorsement by Elevate Network without the express prior written consent of Elevate Network, which Elevate Network may withhold at its sole discretion. Promotional use of images or reproductions of payment checks issued by Elevate Network without the express, written consent of Elevate Network is prohibited. 4. INDEMNIFICATION. To the fullest extent permitted by Law, You agree that: In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever ("Claim") in connection with Your use of the Elevate Network Services, You shall defend, indemnify and hold harmless Elevate Network, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the " Elevate Network Parties"), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys' fees and costs) ("Losses") incurred by any Elevate Network Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.