|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Additional terms||Your Followers save 10% when they use your discount code at checkout while you earn 10%. Discount code can not be used on sale items and can not be combined with other discount offers.|
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.
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
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
2.1.6. Includes "Lulani" or variations or misspellings thereof in its
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
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.
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.
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.
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.
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.
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.
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.
15.1. 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
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
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.