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PERFUME.COM AFFILIATE TERMS AND CONDITIONS

This Agreement contains the complete terms and conditions that apply to all applicants and participants in the Perfume.com Affiliate Program (the “Program”, as further defined below). This Agreement is the legal agreement between you as an applicant or accepted affiliate (“Affiliate”) and Live Current Media Inc. or any of our affiliated companies, as the case may be (“LCM”).

Upon validation and acceptance by LCM of the Affiliate’s application to join the Program, LCM will communicate its acceptance of the Affiliate’s application to the Affiliate at which time this Agreement will immediately take effect.

1. Definitions. In this Agreement, the following terms have the following meanings:

“Perfume Site” means, collectively, the perfume.com website and the cologne.com website, as applicable (i.e. depending on the context, Perfume Site may mean both or only one of those sites), which have their primary home pages identified by the URLs www.perfume.com and www.cologne.com, respectively.

“Affiliate Site” means the website(s) owned or operated by Affiliate, and identified in Affiliate’s Program application, that Affiliate will link to the Perfume Site.

“Program” means the Perfume.com Affiliate Program arranged and operated by LCM in association with the Google Affiliate Network with respect to advertising and promoting the Perfume Site.

“Perfume Link” means a hypertext link incorporating the Tracking Code and any Perfume Mark(s) generated via the templates available in the Google Affiliate Network which allows Visitors to move directly from the Affiliate Site to the Perfume Site.

“Tracking Code” means the tracking used by the Google Affiliate Network to track and monitor various internet usage patterns including without limitation the Affiliate’s performance in referring Visitors from the Affiliate Site to the Perfume Site and recording which of those referrals result in Sales from the Perfume Site.

“Affiliate Commission” or “Commission” means the compensation the Affiliate may earn on Transactions.

“Transaction” means a Sale on the Perfume Site.

“Sale” means a purchase made by a Visitor on the Perfume Site.

“Visitor” means a person who uses the Perfume Link created pursuant to this Agreement to be transferred from the Affiliate Site to the Perfume Site.

“Intellectual Property Rights” means all copyright and other intellectual property rights, howsoever arising and in whatever media, whether or not registered or capable of registration, including without limitation patents, trademarks, service marks, trade names, design rights, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.

“Chargeback” means the cancellation of a Commission due to the Affiliate (if not already paid) or Affiliate’s repayment to LCM of a sum equal to Affiliate’s Commission paid in respect of a Transaction in any circumstances specified by LCM at its sole discretion, including in the case of Returned Items, Cancelled Orders, or fraud or suspected fraud on the part of either a Visitor or Affiliate.

“Returned Items and Cancelled Orders” means items returned or orders cancelled in accordance with Perfume.com’s return and cancellation policy which can be found on the Perfume Site. The Chargeback period for returns is 30 days.

“Qualifying Link” means a Perfume Link that is eligible to earn Commissions under the terms of this Agreement and the terms of the Google Affiliate Network program.

“Commencement Date” means the date on which LCM or the Google Affiliate Network informs Affiliate that Affiliate’s application to join the Program has been accepted.

2. Enrollment in the Program
To begin the enrollment process, Affiliate will submit a complete Program application via the Google Affiliate Network. LCM will evaluate the application in good faith and will notify Affiliate of its acceptance or rejection. LCM may reject Affiliate’s application if it determines (in its sole discretion) that Affiliate’s Site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that:
• promote sexually explicit materials
• promote violence
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• promote illegal activities
• violate intellectual property rights of LCM or any third party
• do not comply with all applicable laws and regulations
• libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the rights of any third party
• contain links directly to any material which is in breach of the provisions of this Agreement.

By participating in the Program, Affiliate agrees it will not engage in any such activities.

If Affiliate’s application is rejected, Affiliate is welcome to reapply to the Program at any time. If Affiliate’s application is accepted and Affiliate’s Site is thereafter determined (in LCM’s sole discretion) to be unsuitable for the Program, LCM may terminate this Agreement immediately. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Program.

3. General
3.1 Subject to the terms of this Agreement, Affiliate agrees to promote the Perfume Site by making available on the Affiliate Site the Perfume Link and LCM agrees to pay Google the Affiliate Commission.

4. Term
This Agreement shall commence on the Commencement Date and shall continue until terminated by LCM upon written notice to the Affiliate through an email notification from the Google Affiliate Network

5. Affiliate Use of the Perfume Link
5.1 Subject to the license granted to Affiliate herein, LCM reserves all of its right, title and interest, including but not limited to its Intellectual Property Rights, in and to the Perfume Link and the Perfume Site.

5.2 LCM grants to Affiliate during the term of this Agreement a revocable, non-exclusive, royalty-free, world-wide license to use, reproduce and display the Perfume Link on the Affiliate Site solely for the purpose of facilitating referrals from the Affiliate Site to the Perfume Site. Any other use of the Perfume Link by Affiliate is expressly prohibited.

5.3 Affiliate acknowledges and agrees that the Intellectual Property Rights of LCM, including without limitation the Perfume Link and any trademarks or logos of LCM, are and shall remain the sole and exclusive property of LCM. Any goodwill associated with any such rights shall inure exclusively for the benefit of LCM.

5.4 Affiliate shall only use Perfume Links obtained through the Google Affiliate Network. Affiliate shall have no right to display the Perfume Link other than in the format obtained by Affiliate from LCM through the Google Affiliate Network.

5.5 LCM may in its sole discretion, from time to time, change the appearance or style of the Perfume Link and such Perfume Link shall be dynamically modified by LCM or the Google Affiliate Network on LCM’s behalf or the Google Affiliate Network shall on LCM’s behalf make available to the Affiliate an amended Perfume Link. Affiliate agrees to only use the most up to date version of the Perfume Link and shall promptly remove any Perfume Link as instructed by LCM or Google Affiliate Network from time to time that is no longer current.

5.6 Affiliate agrees not to use the Perfume Link in a manner that disparages or portrays in a false light the Perfume Site, LCM or their products or services. Affiliate will comply with LCM’s requests as to the use of the Perfume Link and Intellectual Property Rights and will not knowingly take any action that diminishes the value thereof.

5.7 Affiliate agrees not to reproduce or store all or any part of the Perfume Site in any form on the Affiliate Site or on any other website or electronic retrieval system.

6. Affiliate Commission
6.1 Subject to the terms of this Agreement, Affiliate is eligible to earn Commissions as a percentage of Sales as set forth below:

A Sales amount per month between $0 and $999 will pay 10.00%.
A Sales amount per month between $1,000 and $4,999 will pay 11.00%.
A Sales amount per month between $5,000 and $9,999 will pay 12.00%.
A Sales amount per month between $10,000 and $14,999 will pay 13.00%.
A Sales amount per month that equals or exceeds $15,000 will pay 14.00%.

Payment of the Affiliate Commission shall be made in accordance with the terms and conditions of LCM’s agreement with Google Affiliate Network.

6.2 LCM’s obligation to pay Affiliate Commission shall be discharged by payment to the Google Affiliate Network and shall be accepted by Affiliate as full and final settlement of any and sums payable by LCM under this Agreement.

6.3 Affiliate agrees that LCM may require a Chargeback in any circumstances specified by LCM at its sole discretion provided that the Chargeback is notified to the Affiliate within 30 days of the date that LCM validates the Transaction as a processed Transaction. If a Chargeback is required by LCM and payment of Affiliate Commission in connection with that Chargeback has already been made, such sum may be deducted from the Affiliate’s Commission due for the following month. If at the end of any month the amount owing to LCM is greater than that owed by LCM to the Affiliate, LCM reserves the right to request a refund from the Affiliate.

6.4 All determinations of Qualifying Links and whether a Commission is payable will be made by the Google Affiliate Network and will be final and binding on both LCM and Affiliate.

7. Warranties by Affiliate
7.1 Affiliate represents and warrants to LCM that:
7.1.1 Affiliate shall not register, lodge or supply with or to any internet search engine or like service any terms containing “perfume.com” or “cologne.com” or any other phrase which could be confused therewith unless otherwise agreed in writing by LCM;
7.1.2 Affiliate shall not use any form of incentive for Visitors to click on the Perfume Link without the prior written agreement of LCM;
7.1.3 Affiliate shall not use an internet search engine or like service to provide links directly to the Perfume Site;
7.1.4 The Affiliate shall ensure that no other web pages, links or other pup-up boxes appear on a Visitor’s screen when the Perfume Link is used;
7.1.5 Affiliate Site will comply with all applicable laws and regulations, will not infringe any Intellectual Property Rights of a third party, will not libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the rights of any third party; will not contain any defamatory, pornographic or unlawful content, and will not link directly to any material which is in breach of this Agreement.
7.1.6 Affiliate will do nothing that would detrimentally affect LCM or LCM’s good name and reputation.

8. Affiliates shall not use any trademarks in their display URL and shall not bid on any variation of the Perfume.com brand trademark, at any time, in any search engine. These include, but are not limited to:

•Perfume.com
•www.perfume.com
•www.parfume.com
•perfume.comcoupon
•perfume.comsite
•wwwperfumecom
•Perfumes.com
•www.cologne.com

LCM does not prohibit Affiliates from bidding on fragrance product keywords, excluding any variation of the Perfume.com brand trademark as mentioned above.

9. Indemnity by Affiliate
Affiliate undertakes that it will fully indemnify LCM against all loss, damages, claims, demands, actions, costs, expenses (including reasonable attorneys’ fees) and liabilities of whatsoever nature which LCM may suffer or incur as a result of the breach or negligent performance or failure in performance by Affiliate of the terms of this Agreement. The provisions of this Section 8 shall survive the termination of this Agreement.

10. Termination and Effect of Termination
10.1 Either party may terminate this Agreement at any time for any reason upon written notice to the other party through an email notification within the Google Affiliate Network
10.2 Upon termination:
10.2.1 all licenses granted by LCM to Affiliate under this Agreement will immediately terminate;
10.2.2 Affiliate shall immediately remove from the Affiliate Site the Perfume Link and all LCM trademarks, logos, trade dress and all other materials provided by or on behalf of LCM to Affiliate pursuant to this Agreement or in connection with the Program;
10.2.3 LCM may withhold final payment of Affiliate Commission for a reasonable time to ensure the correct amount is paid; and
10.2.4 LCM shall have no obligation to pay Affiliate any Commission which is accrued by unpaid as at the date of termination if this Agreement is terminated for Affiliate’s breach of any warranties under Section 7 or breach of the provisions of Section 8.

11. Relationship of Parties
LCM and Affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on an Affiliate Site or otherwise, that reasonably would contradict anything in this Section.

12. Limitation of Liability
LCM will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if LCM has been advised of the possibility of such damages. Further, LCM’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total Commissions paid or payable to Affiliate under this Agreement.

12. Disclaimers
LCM makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, LCM makes no representation that the operation of the Perfume Site will be uninterrupted or error-free, and LCM will not be liable for the consequences of any interruptions or errors.

14. Modification
LCM may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Perfume Site. Modifications may include, for example, changes in the scope of available Commissions, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU AS AN AFFILIATE, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE PERFUME SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

15. Disputes
Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 will be adjudicated in any state or federal court in King County, Washington, and Affiliate hereby consents to exclusive jurisdiction and venue in those courts. The laws of the State of Washington, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between LCM and Affiliate. Notwithstanding anything to the contrary in this Agreement, LCM may seek injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of LCM’s or any other person or entity’s intellectual property or proprietary rights.
Affiliate further acknowledges and agrees that LCM’s Intellectual Property Rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

16. Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Washington, without reference to rules governing choice of laws. Affiliate may not assign this Agreement, by operation of law or otherwise, without LCM’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. LCM’s failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of LCM’s right to subsequently enforce such provision or any other provision of this Agreement. The invalidity or unenforceability of any term of this Agreement shall not in any way affect the remaining terms which shall be construed as if such invalid term did not exist.

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