- LinkVana does not allow any adult content of any kind to be submitted. If you think your content is in a gray area please submit a ticket and ask us to review before you proceed. Some topics that we do not accept include promotion of or linking to any site that would be considered X rated. We do not allow promotion of Viagra, Cialis, or any herbal 'penis' pill product. We do not allow breast enlargement content. There are also certain words that may be unacceptable even though the site you are promoting is not 'adult' in nature, there are certain words that we deem as trigger words for search engine spiders that we do not allow in the Linkvana network.
- LinkVana does not allow any gambling related content of any kind.
- LinkVana does not allow any content to be spun, or copied from any other source. All content must be 100% unique and hand written. If you think your spinning technology is good, it may well be, and even if it gets past our initial automated checking, all content is hand reviewed by our moderators and if found to be unacceptable will be removed instantly. All content submitted must be on topic. You cannot write gibberish and then just insert relevant keyword anchor text into the post. If the post makes no sense, it is subject to removal from the network.
- If you use any of the content posted to Linkvana on any other website or network, it is subject to instant removal from the LinkVana network. This includes work you have outsourced.
- Do not include URL's as text in your posts, unless they are also the anchor text.
- You may not use the LinkVana network to promote the LinkVana affiliate program.
- All sites and content promoted through LinkVana must be in English. Any content in any other language or any content that links to a site in another language will be removed
Linkvana Terms of Service
- ACCEPTANCE OF TERMS
By accessing and using the Linkvana Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Linkvana owned or operated services, you and Linkvana shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Linkvana may also offer other services that are governed by different Terms of Service.
- DESCRIPTION OF LINKVANA SERVICES
Linkvana provides users with access to a rich collection of software tools built for our customers to gain more traffic to their sites. You also understand and agree that the Linkvana Services may include advertisements and that these advertisements are necessary for Linkvana to provide the Linkvana Services. You also understand and agree that the Linkvana Services may include certain communications from Linkvana, such as service announcements, administrative messages and the Linkvana Newsletter, and that these communications are considered part of Linkvana membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Linkvana Services, including the release of new Linkvana properties, shall be subject to the TOS. You understand and agree that the Linkvana Services is provided "AS-IS".
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Linkvana Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Linkvana Services under the laws of the United States or other applicable jurisdiction. Linkvana is concerned about the safety and privacy of all its users, particularly children.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Linkvana Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Linkvana of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Linkvana cannot and will not be liable for any loss or damage arising from your failure to comply with this.
- MEMBER CONDUCT
You understand that all information, data, text, blog posts, articles, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Linkvana, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Linkvana Network. Linkvana does not control the Content posted via the Linkvana Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Linkvana Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Linkvana be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Linkvana Services.ff
You agree to not use the Linkvana Services to:
You acknowledge that Linkvana may or may not pre-screen Content, but that Linkvana and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Linkvana Services. Without limiting the foregoing, Linkvana and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Linkvana Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission or FTC, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge, consent and agree that Linkvana may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Linkvana, its users and the public.
You understand that the Linkvana Services and software embodied within the Linkvana Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Linkvana and/or content providers who provide content to the Linkvana Services. You may not attempt to override or circumvent any of the usage rules embedded into the Linkvana Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Linkvana Services, in whole or in part, is strictly prohibited.
You agree to indemnify and hold Linkvana and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Linkvana Services, your use of the Linkvana Services, your connection to the Linkvana Services, your violation of the TOS, or your violation of any rights of another.
- NO COMMERCIAL REUSE OF LINKVANA SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Linkvana Services
The Linkvana Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Linkvana is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Linkvana shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE LINKVANA SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE LINKVANA SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LINKVANA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LINKVANA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE LINKVANA SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE LINKVANA SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LINKVANA SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LINKVANA SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LINKVANA SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LINKVANA OR THROUGH OR FROM THE LINKVANA SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LINKVANA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LINKVANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE LINKVANA SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LINKVANA SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE LINKVANA SERVICE.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTYK INFRINGEMENT
Linkvana respects the intellectual property of others, and we ask our users to do the same. Linkvana may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Linkvana's Copyright Agent the following information:
Linkvana's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Linkvana and governs your use of the Linkvana Services, superseding any prior version of this TOS between you and Linkvana with respect to the Linkvana Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Linkvana services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Linkvana each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Linkvana.
Waiver and Severability of Terms. The failure of Linkvana to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Linkvana account is non-transferable and any rights to your Linkvana ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Linkvana Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
LAST UPDATED MARCH 30, 2012
LinkVana.com (hereinafter referred to as "The Company"). Affiliate Agreement effective 3/22/13.
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of The Company, and the establishment of links from your affiliate website to our website www.LinkVana.com.
- ENROLLMENT IN THE AFFILIATE PROGRAM
First, you need to submit a complete Affiliate Program Application. We will evaluate your application and will notify you of your acceptance or rejection in 1 to 2 business days. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Affiliate Program for any reason.
If we reject your application, you are welcome to reapply to the Affiliate Program at any time.
- PROHIBITED SITES
- Sites that promote sexually explicit material or violence.
- Sites that promote discrimination based on race, sex, religion, national origin, or physical disability.
- Sites that promote illegal activities.
Affiliate agrees to not utilize SPAM in promoting The Company. This action will result in the immediate termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of The Company's Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by The Company. Any service interruptions to The Company's website as a result of Affiliates spamming will be billed to Affiliate at 500 U.S. dollars per hour until service is restored.
For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about The Company, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:
- Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.
- You may include information on The Company in email Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement.
The Company also considers ANY type of advertisement about The Company posted to a Newsgroup or Chat Room to be spam.
- PROMOTION OF OUR AFFILIATE RELATIONSHIP
As an Affiliate Site, we will make available to you Links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link") and banners, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.
Subject to the terms of clause © below, we will provide you with Links, which will consist of a graphic images or text provided by us (and subject to change from time to time in our sole discretion). These Links will connect your site directly to ours. By utilizing these Links, users of your site will be able to order, directly from us, any product(s) that were described or referenced on your site.
- AGREEMENTS REGARDING LINKS:
In utilizing Links, you also agree that you will display on your site only those graphic images (indicating a Link) that are provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement. 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. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or functionality of our site. In addition, we encourage (but do not require) you to include a Link to the home page of our site.
- PPC BIDDING RULES
As an Affiliate Site, you are prohibited from bidding on the following trademarks, domain names and or variations of them and any that were overlooked in this agreement but obvious in their nature:
Affiliates who among other keywords (or exclusively) bid on the above keywords and key-phrases, be it separately or in combination with other keywords, will be considered affiliate program TOS violators, and will be removed from the affiliate program. Prior to the removal from the program, we will make every effort possible to contact such affiliates. However, we do reserve the right of removing a PPC Bidding Rules violator from the program without prior notice sent to such affiliate.
- Link Vana
- OUR RESPONSIBILITIES
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliate Sites regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
- OTHER RESPONSIBILITIES AND OPPORTUNITIES OF AFFILIATE SITES
If you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent.
- CONTESTS AND PROMOTIONS:
- As an Affiliate Site, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth.
- Only offers and promotional tools provided explicitly by The Company for use on an affiliate site are valid.
- The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement.
- COMPLIANCE WITH THE AGREEMENT:
- We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
- REPORTS OF SALES
You will be given a user name and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
- YOUR RESPONSIBILITIES
You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. We are not responsible for violations.
- POLICIES AND PRICING
Customers who buy The Company's products through the Affiliate Program will be deemed to be customers of The Company. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Affiliate Program in accordance with our own pricing policies. Our prices and product availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.
- LICENSES AND USE OF THE COMPANY'S LOGOS AND TRADEMARKS
WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATES PROGRAM.
You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company's Affiliate Program Manager, which shall not be unreasonably withheld. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.