Program Application


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    Commission type Percent of Sale
    Base commission 10.00%
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    Our affiliates are very important to us. We do our best to treat you with fairness and respect. We
    simply ask the same consideration of you. We have written the following
    affiliate agreement with you in mind, as well as to protect our company's good
    name. So please bear with us as we take you through this legal formality.

    If you have any questions, please don't hesitate to let us know. We are strong believers in
    straight-forward and honest communication. For quickest results please email us
    at [email protected] You can also reach us via phone: 1-760-536-5160.

    AFFILIATE AGREEMENT

    PLEASE READ THE ENTIRE AGREEMENT.

    YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

    THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LULANI.

    BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE
    TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY
    RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION

    1. Overview

    This Agreement contains the complete terms and conditions that apply to you becoming an
    affiliate in Lulani's Affiliate Program. The purpose of this
    Agreement is to allow HTML linking between your web site and the Lulani.com
    web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Lulani, and "you,"
    "your," and "yours" refer to the affiliate.

    2. Affiliate Obligations

    2.1. To begin the enrollment process, you will complete and submit the online application at the Refersion.com
    server. The fact that we auto-approve applications does not imply that we may
    not re-evaluate your application at a later time. We may reject your
    application at our sole discretion. We may cancel your application if we
    determine that your site is unsuitable for our Program, including if it:

    2.1.1. Promotes sexually explicit materials

    2.1.2. Promotes violence

    2.1.3. Promotes discrimination based on race, sex, religion, nationality,
    disability, sexual orientation, or age

    2.1.4. Promotes illegal activities

    2.1.5. Incorporates any materials which infringe or assist others to infringe
    on any copyright, trademark or other intellectual property rights or to violate
    the law

    2.1.6. Includes "Lulani" or variations or misspellings thereof in its
    domain name

    2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory,
    obscene, harassing, or racially, ethnically or otherwise objectionable to us in
    our sole discretion.

    2.1.8. Contains software downloads that potentially enable diversions of
    commission from other affiliates in our program.

    2.1.9. You may not create or design your website or any other website that you
    operate, explicitly or implied in a manner which resembles our website nor
    design your website in a manner which leads customers to believe you are
    Lulani or any other affiliated business.

    2.2. As a member of Lulani's Affiliate Program, you will have access to Affiliate Account Manager. Here you
    will be able to review our Program’s details and previously-published affiliate
    newsletters, download HTML code (that provides for links to web pages within
    the Lulani.com web site) and banner creatives, browse and get tracking
    codes for our coupons and deals. In order for us to accurately keep track of
    all guest visits from your site to ours, you must use the HTML code that we
    provide for each banner, text link, or other affiliate link we provide you
    with.

    2.3. Lulani reserves the right, at any time, to review your placement and approve the use of Your
    Links and require that you change the placement or use to comply with the
    guidelines provided to you.

    2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

    2.5. It is entirely your responsibility to follow all applicable intellectual property and other
    laws that pertain to your site. You must have express permission to use any
    person's copyrighted material, whether it be a writing, an image, or any other
    copyrightable work. We will not be responsible (and you will be solely
    responsible) if you use another person's copyrighted material or other intellectual
    property in violation of the law or any third party rights.

    3. Lulani’s Rights and Obligations

    3.1. We have the right to monitor your site at any time to determine if you are following the terms
    and conditions of this Agreement. We may notify you of any changes to your site
    that we feel should be made, or to make sure that your links to our web site
    are appropriate and to notify further you of any changes that we feel should be
    made. If you do not make the changes to your site that we feel are necessary,
    we reserve the right to terminate your participation in the Lulani Affiliate Program

    3.2. Lulani reserves the right to terminate this Agreement and your participation in the Lulani.com
    Affiliate Program immediately and without notice to you should you commit fraud
    in your use of the Lulani.com Affiliate Program or should you abuse
    this program in any way. If such fraud or abuse is detected, Lulani shall not
    be liable to you for any commissions for such fraudulent sales.

    3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue
    unless terminated hereunder.

    4. Termination

    Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other
    party written notice. Written notice can be in the form of mail, email or fax.
    In addition, this Agreement will terminate immediately upon any breach of this
    Agreement by you.

    5. Modification

    We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.
    In such event, you will be notified by email. Modifications may include, but
    are not limited to, changes in the payment procedures and Lulani's
    Affiliate Program rules. If any modification is unacceptable to you, your only
    option is to end this Agreement. Your continued participation in Lulani.com's
    Affiliate Program following the posting of the change notice or new Agreement
    on our site will indicate your agreement to the changes.

    6. Payment

    Lulani.com uses a third party to handle all of the tracking and payment. The third party
    is the Refersion.com affiliate network. Kindly review the network’s payment
    terms and conditions.

    7. Access to Affiliate Account Interface

    You will create a password so that you may enter Refersions secure affiliate account interface.
    From their site you will be able to receive your reports that will describe our
    calculation of the commissions due to you.

    8. Promotion Restrictions

    8.1. You are free to promote your own web sites, but naturally any promotion that mentions Lulani
    could be perceived by the public or the press as a joint
    effort. You should know that certain forms of advertising are always prohibited
    by Lulani. For example, advertising commonly referred to as
    "spamming" is unacceptable to us and could cause damage to our name.
    Other generally prohibited forms of advertising include the use of unsolicited
    commercial email (UCE), postings to non-commercial newsgroups and cross-posting
    to multiple newsgroups at once. In addition, you may not advertise in any way
    that effectively conceals or misrepresents your identity, your domain name, or
    your return email address. You may use mailings to customers to promote Lulani.com
    so long as the recipient is already a customer or subscriber of your services
    or web site, and recipients have the option to remove themselves from future
    mailings. Also, you may post to newsgroups to promote Lulani.com so
    long as the news group specifically welcomes commercial messages. At all times,
    you must clearly represent yourself and your web sites as independent from Lulani.
    If it comes to our attention that you are spamming, we will consider that cause
    for immediate termination of this Agreement and your participation in the Lulani.com
    Affiliate Program. Any pending balances owed to you will not be paid if your
    account is terminated due to such unacceptable advertising or solicitation.

    8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on
    keywords such as Lulani.com, Lulani, Lulani Faucet, Lulani Faucet Company, Lulani Faucet Co. and/or
    any misspellings or similar alterations of these – be it separately or in combination
    with other keywords – and do not direct the traffic from such campaigns to
    their own website prior to re-directing it to ours, will be considered
    trademark violators, and will be banned from Lulani’s Affiliate Program. We
    will do everything possible to contact the affiliate prior to the ban. However,
    we reserve the right to expel any trademark violator from our affiliate program
    without prior notice, and on the first occurrence of such PPC bidding behavior.

    8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long
    as the prospects’ information is real and true, and these are valid leads (i.e.
    sincerely interested in our service).

    8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic
    Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or
    Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to
    consumers from the time the consumer clicks on a qualifying link until such
    time as the consumer has fully exited Lulani’s site (i.e., no page
    from our site or any Lulani.com’s content or branding is visible on
    the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic
    Marketing” shall mean an application that (a) through accidental or direct
    intent causes the overwriting of affiliate and non affiliate commission
    tracking cookies through any other means than a customer initiated click on a
    qualifying link on a web page or email; (b) intercepts searches to redirect
    traffic through an installed software, thereby causing, pop ups, commission
    tracking cookies to be put in place or other commission tracking cookies to be
    overwritten where a user would under normal circumstances have arrived at the
    same destination through the results given by the search (search engines being,
    but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar
    search or directory engines); (c) set commission tracking cookies through
    loading of Merchant site in IFrames, hidden links and automatic pop ups that
    open Lulani.com’s site; (d) targets text on web sites, other than
    those web sites 100% owned by the application owner, for the purpose of
    contextual marketing; (e) removes, replaces or blocks the visibility of
    Affiliate banners with any other banners, other than those that are on web
    sites 100% owned by the owner of the application.

    9. Grant of Licenses

    9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through
    HTML links solely in accordance with the terms of this Agreement and (ii)
    solely in connection with such links, to use our logos, trade names,
    trademarks, and similar identifying material (collectively, the "Licensed
    Materials") that we provide to you or authorize for such purpose. You are
    only entitled to use the Licensed Materials to the extent that you are a member
    in good standing of Lulani’s Affiliate Program. You agree that all uses of the
    Licensed Materials will be on behalf of Tanfel and the good will associated therewith
    will inure to the sole benefit of Tanfel.

    9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging,
    misleading, obscene or that otherwise portrays the party in a negative light.
    Each party reserves all of its respective rights in the proprietary materials
    covered by this license. Other than the license granted in this Agreement, each
    party retains all right, title, and interest to its respective rights and no
    right, title, or interest is transferred to the other.

    10. Disclaimer

    LULANI MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING LULANI.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF LULANI ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
    NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO
    REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR
    FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

    11. Representations and Warranties

    You represent and warrant that:

    11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your
    legal, valid, and binding obligation, enforceable against you in accordance
    with its terms;

    11.2. You have the full right, power, and authority to enter into and be bound by the terms and
    conditions of this Agreement and to perform your obligations under this
    Agreement, without the approval or consent of any other party;

    11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

    12. Limitations of Liability

    WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
    INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING,
    WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST
    BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
    IN NO EVENT SHALL LULANI'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR
    RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY,
    TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID
    TO YOU UNDER THIS AGREEMENT.

    13. Indemnification

    You hereby agree to indemnify and hold harmless Lulani, and its subsidiaries and affiliates, and
    their directors, officers, employees, agents, shareholders, partners, members,
    and other owners, against any and all claims, actions, demands, liabilities,
    losses, damages, judgments, settlements, costs, and expenses (including
    reasonable attorneys' fees) (any or all of the foregoing hereinafter referred
    to as "Losses") insofar as such Losses (or actions in respect
    thereof) arise out of or are based on (i) any claim that our use of the
    affiliate trademarks infringes on any trademark, trade name, service mark, copyright,
    license, intellectual property, or other proprietary right of any third party,
    (ii) any misrepresentation of a representation or warranty or breach of a
    covenant and agreement made by you herein, or (iii) any claim related to your
    site, including, without limitation, content therein not attributable to us.

    14. Confidentiality

    All confidential information, including, but not limited to, any business, technical, financial,
    and customer information, disclosed by one party to the other during
    negotiation or the effective term of this Agreement which is marked
    "Confidential," will remain the sole property of the disclosing
    party, and each party will keep in confidence and not use or disclose such
    proprietary information of the other party without express written permission
    of the disclosing party.

    15. Miscellaneous

    15.1. You agree that you are an independent contractor, and nothing in this Agreement will create
    any partnership, joint venture, agency, franchise, sales representative, or
    employment relationship between you and Lulani or Lulani.com. You will
    have no authority to make or accept any offers or representations on our
    behalf. You will not make any statement, whether on Your Site or any other of
    Your Site or otherwise, that reasonably would contradict anything in this Section.

    15.2. Neither party may assign its rights or obligations under this Agreement to any party, except
    to a party who obtains all or substantially all of the business or assets of a
    third party.

    15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State
    of California without regard to the conflicts of laws and principles thereof.

    15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by
    both parties.

    15.5. This Agreement represents the entire agreement between us and you, and shall supersede all
    prior agreements and communications of the parties, oral or written.

    15.6. The headings and titles contained in this Agreement are included for convenience only, and shall
    not limit or otherwise affect the terms of this Agreement.

    15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall
    be eliminated or limited to the minimum extent necessary such that the intent
    of the parties is effectuated, and the remainder of this agreement shall have
    full force and effect.