Love Shop Affiliate Agreement
Effective Date: October 1st, 2020
Primary Website: https://loveshop.ca/

Section 6 Quick Reference
The following is a repeat of section 6 of this agreement. It is placed here for transparent, in-depth details about commission terms that is easily accessible for future reference.

After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).

Upon acceptance to the affiliate program named "Love Shop Affiliate Program" (the Base Offer), you will begin collecting commission on orders placed when they click your uniquely generated link. It is your responsibility to ensure that you are using the provided affiliate link properly and will not be reimbursed for misuse unless you can prove beyond a reasonable doubt that an order came directly as a result of your actions.

a. New & Returning Customers
You will collect commission on "New" customers (that have never placed an order before) as well as "Returning" customers (that have placed a prior order regardless of origin).

b. Commission
Commission is calculated on a per-order basis, after any applied discounts, based on the "Commission & Business Details listed in this form above.

c. Coupon Codes
In the event we provide you with a coupon code for your customers, the code may have certain product exclusions for any reason. It is your responsibility to notify your audience that some exclusions apply.

THE AGREEMENT: This
Affiliate Agreement (hereinafter called the "Agreement") is provided
by the following organization, hereinafter referred to as "Company": %ONTINCBOI%.
Our primary website is located at the address listed above. The Agreement is a
legal document between you and the Company that describes the affiliate
relationship we are entering into. This Agreement covers your responsibilities
as an affiliate and our responsibilities to you. Please ensure you read and
understand the entirety of this document, as well as have a lawyer's assistance
if you desire, because each of the terms of this Agreement are important to our
working relationship.

1) DEFINITIONS
The parties referred to in this Agreement shall be defined as
follows:

a) Company, Us, We: As we describe above, we'll be referred to as
the Company. Us, we, our, ours and other first-person pronouns will also refer
to the Company, as well as all employees or legal agents of the Company.

b) You, the Affiliate: You will be referred to as the
"Affiliate." You'll also be referred to throughout this Agreement
with second-person pronouns such as You, Your, or Yours.

c) Parties: Collectively, the parties to this Agreement (the
Company and You) will be referred to as "Parties" or individually as
"Party."

d) Affiliate Program: The program we've set up for our affiliates
as described in this Agreement.

e) Affiliate Application: The fully completed form which must be
provided to us for consideration of your inclusion in the Affiliate Program.

f) Website: The primary website we've noted above will be referred
to as Website.

2) ASSENT & ACCEPTANCE
By submitting an application to our Affiliate Program, you warrant
that you have read and reviewed this Agreement and that you agree to be bound
by it. If you do not agree to be bound by this Agreement, please do not apply
to our Affiliate Program. This Agreement specifically incorporates by reference
any Terms of Conditions, Privacy Policies, End-User License Agreements, or
other legal documents which we may have on our website.

3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to join our
Affiliate Program or use this Website. By submitting an application to our
Affiliate Program, you represent and warrant that you are at least 18 years of
age and may legally agree to this Agreement. The Company assumes no
responsibility or liability for any misrepresentation of your age.

4) PROGRAM SIGN-UP
In order to sign up for our Affiliate Program, you will first be
asked to submit an Affiliate Application to join. The Affiliate Application may
be found at the following link: https://loveshop.ca/affiliates.

Submitting an Affiliate Application does not guarantee inclusion
in the Affiliate Program. We evaluate each and every application and are the
sole and exclusive decision-makers on Affiliate acceptance. If we choose not to
allow your inclusion in the Affiliate Program, we will attempt to notify you in
a reasonable manner. If you do not hear from us within a reasonable time frame,
please consider your application rejected. We are not obligated to provide you
any explanation for your rejection, but please be advised we may reject
applicants for any reason or manner, including but not limited to a website or
social media page which violates our Acceptable Use Policy.

If your Affiliate Application is rejected, you may not reapply. If
your Affiliate Application is accepted, each of the terms and conditions in
this Agreement applies to your participation. We may also ask for additional
information to complete your Affiliate Application or for you to undertake
additional steps to ensure eligibility in the Affiliate Program.

5) NON-EXCLUSIVITY
This Agreement does not create an exclusive relationship between
you and us. You are free to work with similar affiliate program providers in
any category. This agreement imposes no restrictions on us to work with any
individual or company we may choose.

6) AFFILIATE PROGRAM
After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).

Upon acceptance to the affiliate program named "Love Shop Affiliate Program" (the Base Offer), you will begin collecting commission on orders placed when they click your uniquely generated link. It is your responsibility to ensure that you are using the provided affiliate link properly and will not be reimbursed for misuse unless you can prove beyond a reasonable doubt that an order came directly as a result of your actions.

a. New & Returning Customers
You will collect commission on "New" customers (that have never placed an order before) as well as "Returning" customers (that have placed a prior order regardless of origin).

b. Commission
Commission is calculated on a per-order basis, after any applied discounts, based on the "Commission & Business Details listed in this form above.

c. Coupon Codes
In the event we provide you with a coupon code for your customers, the code may have certain product exclusions for any reason. It is your responsibility to notify your audience that some exclusions apply.

7) SPECIFIC TERMS APPLICABLE
We will determine whether payout is permissible in our sole and
exclusive discretion. We reserve the right to reject clicks and/or sales that
do not comply with the terms of this Agreement.

Processing and fulfillment of orders will be our responsibility.
We will also provide real-time data regarding your account with us through the
portal on which you log into the website.

As described above, in order to be eligible for payout, user
purchases must be "Qualified Purchases." Qualified Purchases:

a) Must not be referred by any other partner or affiliate links of
the Company (in other words, Qualified Purchases are only available through
your specific Affiliate Link;

b) May not be purchased by an already-existing partner or
affiliate of the Company;

c) May not be purchased prior to the Affiliate joining the
Affiliate Program;

d) May only be purchased through a properly-tracking Affiliate
Link or code;

e) May not be purchased by a customer in violation of any of our
legal terms or Acceptable Use Policy;

f) May not be fraudulent in any way, in the Company's sole and
exclusive discretion;

g) May not have been induced by the Affiliate offering the
customer any coupons or discounts;

8) PAYOUT INFORMATION
Payouts will only be available when the Company has your current
address information as well as accounting and tax documentation. Accounting
information may include the routing and account number of a bank where you wish
to post a direct deposit or may include an email address for an online method
of payment.

Currently, the Company employs the following methods of payout:

Paypal

For any changes in your address or accounting information, you
must notify us immediately and we will endeavor to make the changes to your
payout information as soon as possible.

Payouts will be available the month or period after they accrue.
For example, if payouts are made every 15 days, an entire 15 day period must
finish for the payout of that period to be available in the following period.

We explicitly reserve the right to change payout information in
our sole and exclusive discretion. If we do so, you will be notified.

Payouts are also subject to the following restriction:

a) Payouts are done on a bi-weekly basis, but we reserve the right to withhold payouts under $100 CAD to minimise the total cost of processing your payment. You may still request any payout under $100 at no penalty, and your conversions never expire.

For any disputes as to payout, the Company must be notified within
thirty days of your receipt of the payout. We will review each dispute
notification as well as the underlying payout transaction to which it is
related. Disputes filed after thirty days of payout will not be addressed.

9) REPORTS
You may log into your account with us to review reports related to
your affiliation, such as payout reports and Qualified Click and/or Purchase
information. Please be advised however, that not all listed qualifying clicks
and/or purchases have been fully reviewed for accuracy in the reports viewable
by you in real-time and therefore may be subject to change prior to payout.

10) TERM, TERMINATION & SUSPENSION
The term of this Agreement will begin when we accept you into the
Affiliate Program. It can be terminated by either Party at any time with or
without cause.

You may only earn payouts as long as you are an Affiliate in good
standing during the term. If you terminate this Agreement with us, you will
qualify to receive payouts earned prior to the date of termination.

If you fail to follow the terms of this Agreement or any other
legal terms we have posted anywhere on our website or websites, you forfeit all
rights, including the right to any unclaimed payout.

We specifically reserve the right to terminate this Agreement if
you violate any of the terms outlined herein, including, but not limited to,
violating the intellectual property rights of the Company or a third party,
failing to comply with applicable laws or other legal obligations, and/or
publishing or distributing illegal material.

At the termination of this Agreement, any provisions that would be
expected to survive termination by their nature shall remain in full force and
effect.

11) INTELLECTUAL PROPERTY
You agree that the intellectual property owned by the Company
includes all copyrights, trademarks, trade secrets, patents, and other
intellectual property belonging to the Company ("Company IP").

Subject to the limitations listed below, we hereby grant you a
non-exclusive, non-transferable, revocable license to access our websites in
conjunction with the Affiliate Program and use the Company IP solely and
exclusively in conjunction with identifying our company and brand on the
Affiliate Site to send customers to the Affiliate links we provide. You may not
modify the Company IP in any way and you are only permitted to use the Company
IP if you are an Affiliate in good standing with us.

We may revoke this license at any time and if we find that you are
using the Company IP in any manner not contemplated by this Agreement, we
reserve the right to terminate this Agreement.

Other than as provided herein, you are not permitted to use any of
the Company IP or any confusingly similar variation of the Company IP without
our express prior written permission. This includes a restriction on using the
Company IP in any domain or website name, in any keywords or advertising, in
any metatags or code, or in any way that is likely to cause consumer confusion.

Please be advised that your unauthorized use of any Company IP
shall constitute unlawful infringement and we reserve all of our rights,
including the right to pursue an infringement suit against you in federal
court. You may be obligated to pay monetary damages or legal fees and costs.

You hereby provide us a non-exclusive license to use your name,
trademarks and servicemarks if applicable and other business intellectual
property to advertise our Affiliate Program.

12) MODIFICATION & VARIATION
The Company may, from time to time and at any time, modify this
Agreement. You agree that the Company has the right to modify this Agreement or
revise anything contained herein. You further agree that all modifications to
this Agreement are in full force and effect immediately upon posting on the
Website and that modifications or variations will replace any prior version of
this Agreement, unless prior versions are specifically referred to or
incorporated into the latest modification or variation of this Agreement. If we
update or replace the terms of this Agreement, we will let you know via
electronic means, which may include an email. If you don't agree to the update
or replacement, you can choose to terminate this Agreement as described below.

a) To the extent any part or subpart of this Agreement is held
ineffective or invalid by any court of law, you agree that the prior, effective
version of this Agreement shall be considered enforceable and valid to the
fullest extent.

b) You agree to routinely monitor this Agreement and refer to the
Effective Date posted at the top of this Agreement to note modifications or
variations. You further agree to clear your cache when doing so to avoid
accessing a prior version of this Agreement.

13) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form
any partnership, joint venture, agency, franchise, or employment relationship.
You are an independent contractor of the Company and will remain so at all
times.

14) ACCEPTABLE USE
You agree not to use the Affiliate Program or our Company for any
unlawful purpose or any purpose prohibited under this clause. You agree not to
use the Affiliate Program in any way that could damage our websites, products,
services, or the general business of the Company.

a) You further agree not to use the Affiliate Program:

I) To harass, abuse, or threaten others or otherwise violate any
person's legal rights;

II) To violate any intellectual property rights of the Company or
any third party;

III) To upload or otherwise disseminate any computer viruses or
other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or
pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence,
hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE
You are responsible for ensuring operation and maintenance of the
Affiliate Site, including technical operations, written claims, links, and
accuracy of materials. You must ensure, as noted above, that the Affiliate Site
does not infringe upon the intellectual property rights of any third party or
otherwise violate any legal rights.

We may monitor your account, as well as clicks and/or purchases
coming through your account. If we determine you are not in compliance with any
of the terms of this Agreement, we have the right to immediately terminate your
participation in the Affiliate Program.

We require all of our Affiliates to comply with all applicable
statutes, regulations, and guidelines set by the federal government, through
the Federal Trade Commission, as well as provincial and local governments as
mandated. The Federal Trade Commission requires that affiliate relationships,
such as the relationship between you and the Company, be disclosed to
consumers.

We recommend that you seek independent legal counsel to advise you
of our obligations to disclose in this manner.

You are required to post a conspicuous notice on your website
regarding the Affiliate Program. The notice does not have to contain the
precise words as the example given below, but should be similar:

We engage in affiliate marketing whereby we receive funds through
clicks to our affiliate program through this website or we receive funds
through the sale of goods or services on or through this website. We may also
accept advertising and sponsorships from commercial businesses or receive other
forms of advertising compensation.

We also require you to comply with any and all applicable data
privacy and security laws and regulations, including all of those which may
impact your country of residence or your visitors. Such regulations include,
but are not limited to, any applicable laws in Canada or the General Data
Protection Regulation of the European Union. We also require that you implement
adequate organizational and technical measures to ensure an appropriate level
of security for the data that you process. Further, you hereby agree to comply
with any requests which we may make to you regarding compliance with the
General Data Protection Regulation or requests which you may receive from data
subjects.

If we find you are not in compliance with any of the requirements
of this subpart, we may terminate our relationship with you at our sole and
exclusive discretion.

16) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble
any code or software from or on any of our websites or services;

b) Violate the security of any of our websites or services through
any unauthorized access, circumvention of encryption or other security tools,
data mining or interference to any host, user or network.

17) DATA LOSS
The Company does not accept responsibility for the security of
your account or content. You agree that your participation in the Affiliate
Program is at your own risk.

18) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its
agents (if applicable) and hold us harmless against any and all legal claims
and demands, including reasonable attorney's fees, which may arise from or
relate to your use or misuse of the Affiliate Program, your breach of this
Agreement, or your conduct or actions. You agree that the Company shall be able
to select its own legal counsel and may participate in its own defense, if the
Company wishes.

19) SPAM POLICY
You are strictly prohibited from using the Affiliate Program for
illegal spam activities, including gathering email addresses and personal
information from others or sending any mass commercial emails.

20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the
Parties with respect to the Affiliate Program. This Agreement supersedes and
replaces all prior or contemporaneous agreements or understandings, written or
oral.

21) SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Affiliate
Program to perform maintenance or emergency services on a scheduled or
unscheduled basis. You agree that your access may be affected by unanticipated
or unscheduled downtime, for any reason, but that the Company shall have no
liability for any damage or loss caused as a result of such downtime.

22) NO WARRANTIES
You agree that your use of the Affiliate Program is at your sole
and exclusive risk and that any services provided by us are on an "As
Is" basis. The Company hereby expressly disclaims any and all express or
implied warranties of any kind, including, but not limited to the implied
warranty of fitness for a particular purpose and the implied warranty of
merchantability. The Company makes no warranties that the Affiliate Program
will meet your needs or that it will be uninterrupted, error-free, or secure.
The Company also makes no warranties as to the reliability or accuracy of any
information. You agree that any damage that may occur to you, through your
computer system, or as a result of loss of your data from your use of the
Affiliate Program is your sole responsibility and that the Company is not
liable for any such damage or loss.

23) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as
a result of your participation in the Affiliate Program, to the fullest extent
permitted by law. The maximum liability of the Company arising from or relating
to this Agreement is limited to one hundred ($100) US Dollars. This section
applies to any and all claims by you, including, but not limited to, lost
profits or revenues, consequential or punitive damages, negligence, strict
liability, fraud, or torts of any kind.

24) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to
this Agreement shall be in the English language.

B) JURISDICTION, VENUE & CHOICE OF LAW: Through your
participation in the Affiliate Program, you agree that the province of Ontario
shall govern any matter or dispute relating to or arising out of this
Agreement, as well as any dispute of any kind that may arise between you and
the Company, with the exception of its conflict of law provisions. In case any
litigation specifically permitted under this Agreement is initiated, the
Parties agree to submit to the personal jurisdiction of the province and
federal courts of the following county: Canada. The Parties agree that this
choice of law, venue, and jurisdiction provision is not permissive, but rather
mandatory in nature. You hereby waive the right to any objection of venue,
including assertion of the doctrine of forum non conveniens or similar
doctrine.

C) ARBITRATION: In case of a dispute between the Parties relating
to or arising out of this Agreement, the Parties shall first attempt to resolve
the dispute personally and in good faith. If these personal resolution attempts
fail, the Parties shall then submit the dispute to binding arbitration. The
arbitration shall be conducted in the following county: Canada. The arbitration
shall be conducted by a single arbitrator, and such arbitrator shall have no
authority to add Parties, vary the provisions of this Agreement, award punitive
damages, or certify a class. The arbitrator shall be bound by applicable and
governing Federal law as well as the law of Ontario. Each Party shall pay their
own costs and fees. Claims necessitating arbitration under this section
include, but are not limited to: contract claims, tort claims, claims based on
Federal and provincial law, and claims based on local laws, ordinances, statutes
or regulations. Intellectual property claims by the Company will not be subject
to arbitration and may, as an exception to this subpart, be litigated. The
Parties, in agreement with this subpart of this Agreement, waive any rights
they may have to a jury trial in regard to arbitral claims.

D) ASSIGNMENT: This Agreement, or the rights granted hereunder,
may not be assigned, sold, leased or otherwise transferred in whole or part by
you. Should this Agreement, or the rights granted hereunder, by assigned, sold,
leased or otherwise transferred by the Company, the rights and liabilities of
the Company will bind and inure to any assignees, administrators, successors,
and executors.

E) SEVERABILITY: If any part or subpart of this Agreement is held
invalid or unenforceable by a court of law or competent arbitrator, the
remaining parts and subparts will be enforced to the maximum extent possible.
In such condition, the remainder of this Agreement shall continue in full
force.

F) NO WAIVER: In the event that we fail to enforce any provision
of this Agreement, this shall not constitute a waiver of any future enforcement
of that provision or of any other provision. Waiver of any part or subpart of
this Agreement will not constitute a waiver of any other part or subpart.

G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts
under this Agreement are for convenience and organization, only. Headings shall
not affect the meaning of any provisions of this Agreement.

H) FORCE MAJEURE: The Company is not liable for any failure to
perform due to causes beyond its reasonable control including, but not limited
to, acts of God, acts of civil authorities, acts of military authorities,
riots, embargoes, acts of nature and natural disasters, and other acts which
may be due to unforeseen circumstances.

I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications
are permitted to both Parties under this Agreement, including email or fax. For
any questions or concerns, please email us at the following address:
[email protected].

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from loveshop.ca (the “Site”). 

Personal information we collect 
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. 

We collect Device Information using the following technologies: 
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. 
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site. 

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”. 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information. 

How do we use your personal information? 
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: 
- Communicate with you; 
- Screen our orders for potential risk or fraud; and 
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). 

Sharing you personal Information 
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. 

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 

Behavioural advertising 
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

You can opt out of targeted advertising by using the links below: 
- Facebook: https://www.facebook.com/settings/?tab=ads 
- Google: https://www.google.com/settings/ads/anonymous 
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. 

Do not track 
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. 

Your rights 
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. 

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. 

Data retention 
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. 

Changes 
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Minors 
The Site is not intended for individuals under the age of 18. You must be age of majority in your jurisdiction in order to access this site, register, or make a purchase.

We do not knowingly collect information on anyone under the age of 18. If you are aware of such activity, you can contact our customer service team or contact our eCommerce director directly at [email protected]

Contact us 
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at [email protected] or by mail using the details provided below: 

Love Shop - ATTN: Taylor Binx
[Re: Privacy Compliance]
[email protected]
LoveShop, 46 Zatonski Avenue, Unit 3, Brantford ON N3V 1G1, Canada