As an authorized affiliate (Affiliate) of LAVA Inc., you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting LAVA Inc. as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to LAVA Inc. by your own website or personal referrals.
By signing up for the LAVA Inc. Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions
Commission will be paid at the end of every month. Affiliate must have a minimum commission balance of $25 for a payout. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.
Commissions will show up in the Affiliate Portal immediately after the sale, however, the funds will not be released until 30 days after the purchase and outside of the return window.
You cannot refer yourself, and you will not receive a commission on your own accounts.
Payments will only be sent for transactions that have been successfully completed. This payout period can be up to 30 days. Transactions that result in chargebacks or refunds will not be paid out.
The customer must use your affiliate link or coupon code before making their purchase. We do not allow post-purchase affiliate commissions under any circumstances.
Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misrepresentation, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. LAVA Inc. reserves the right to require license agreements from those who employ trademarks of LAVA Inc. in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with LAVA Inc., however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
- Violating any of these terms or conditions.
In addition to the foregoing, LAVA Inc. reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
Affiliate Links
You may use graphic and text links in your content, websites, social channels, and emails. You may also advertise the LAVA Inc. site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.
Coupon and Deal Sites
LAVA Inc. occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not publish special offers or coupon codes on coupon sites or deal sites.
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on LAVA Inc. Coupons, LAVA Inc. Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
Liability
LAVA Inc. will not be liable for indirect or accidental damages (loss of revenue, commissions) due to, but not limited to, affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by LAVA Inc.. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Indemnification
Affiliate shall indemnify and hold harmless LAVA Inc. and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by LAVA Inc. to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Intellectual Property Rights
Under no circumstances does the Affiliate have any licensing rights to LAVA Inc.’s intellectual property, trademarks, or proprietary materials. The Affiliate expressly acknowledges that all such rights remain the exclusive property of LAVA Inc. Any unauthorized use, reproduction, or modification of LAVA Inc.’s intellectual property by the Affiliate without prior written consent is strictly prohibited and may result in legal action.
Customer Data
In recognition of the importance of customer privacy, the Affiliate acknowledges that any customers they refer to LAVA Inc. are the sole owners of their information. The Company commits to safeguarding the privacy and confidentiality of customer details, and under no circumstances will detailed customer information be disclosed to the Affiliate. For the sole purpose of tracking affiliate commissions earned, LAVA Inc. may provide non-identifiable information, limited to the date and time of purchase, as well as the amount of the purchase. This approach ensures the protection of customer privacy while allowing for the accurate tracking of affiliate commissions.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the LAVA Inc. affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the LAVA Inc. application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
