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1. Information We Collect or Receive
Information You Provide to Us
When you use visit the Site, we collect and retain information that you, as a customer or potential customer, provide through the Site, as well as information that is automatically or passively collected from you, your device or your browser. This information is collectively referred to as the "Information." Information you provide to us may include:
Contact and profile information, including name, email address, postal address (including zip code), and telephone number;
Account information, including your user-name, password, log-in details, transaction details, and successful referrals;
Credit card information, including the name on the card, card type, card number, expiry date, and CV2 is collected and processed by our third party payment processor; graze collects and retains limited credit card information for its records but does not store or retain complete credit card information;
Your preferences, including ratings you provide in relation to products that are available on the Site and survey responses;
Communications to us, for example reporting a problem or submitting queries, concerns or comments regarding the Site or its content;
Any other content or information you choose to provide, including photos you may upload;
Details of your visits to the Site, the resources you access and any data you download.
Information related or connected to a social media account that you use to sign up or log in to the Services, or that you associate with your account through our Services. For instance, when you associate your Facebook account with our Services, we may receive your public profile (name, profile picture, age range, gender, language, country and other public information), your friend list and your email address. If you sign up, log in with or associate other social media accounts with our Services, such as Twitter or Tumblr, we may obtain similar information from those platforms.
Information That Is Automatically Collected
We, along with third parties, also may collect Information about you, your computer or device, and your use of the Service via automated means, including Web server logs, Web Beacons, clear gifs (For more information about these technologies, see Section 4 titled (Cookies and Other Electronic Technologies)
Information about your visits to the Site and use of the Services, the resources you access, any data you download, and information related to the ways in which you interact with the Site and the Services.
IP addresses including the general information in such address, such as city, state and zip code), unique device identifiers, other information about your mobile phone or other mobile device(s), browser types, and browser language
Referral pages and links, URLs, number of clicks, pages viewed, how long you're on a page, your search queries and results
Information about your device, computer and/or browser you use as well as the device's operating system. This may include your device hardware model, operating system version, or mobile network information.
Precise Location Information: We may solicit your permission to collect precise location information from you or your device. If you agree to allow access to your specific location, you agree that we and our service providers may collect such precise information from your mobile device (e.g., GPS-based location information, longitude/latitude, etc.), and use that information to deliver the content, services, features and products that are available through the Services.
We may also combine Information that we collect from you with Information we obtain about you from third parties and Affiliates and Information derived from any other subscription, product, or service we provide.
Information from Third Parties
We may obtain additional information about you from third parties such as marketers, partners, researchers, and others.
Anonymous or De-Identified Data
2. How We Use the Information We Collect or Receive
We use your information to better serve you, such as by letting you know about new snacks or other products we've added to the graze range that we think you'll like. Some other examples of how we may use your information include to:
Process your orders and provide you with the Services
Customize our Services to you, for instance by establishing your food trends to facilitate better recommendations
Provide, operate and maintain, our Services, including, for instance (without limitation) to administer your account, provide you with order and billing information, monitor use of and downloads from the Site
Improve the website and Services for Customers, analyze website usage, investigate complaints or website operations and identify visitors to the Site
Analyze our users' demographics and track sales data
Provide you with offers, marketing materials and other promotional materials, both online and through other marketing channels, such as third party social networks, like Facebook
Send you information or content you have requested or we believe you will find useful, including to advertise our Services to you when you visit our the Site or other websites across the Internet
Communicate with you and investigate any complaints
Perform market research, data analytics and data appends. To accomplish some of these tasks, we may enhance or append other data collected from or about you to the Information we possess
Communicate with you and investigate any complaints
Protect against fraud, unauthorized transactions, security issues, claims and other liabilities, and manage risk exposure and quality
Verify whether you have had a previous account with us to prevent fraudulent use of our offers.
Provide customer support and diagnostic assistance, for instance, by analyzing the Information, our Services' integration with other platforms, and the contact information and other materials you submit to us
To associate an email address that you have provided to us with previous browsing and purchase experiences. We may be able to make this connection whether you are logged on or not, and we will know whether you receive email alerts and will be able to associate this with any other contact information you may have given us.
3. Information Sharing and Disclosure
We may share the Information we collect in the following ways:
With service providers, to perform or assist us in performing any of the functions listed in Section 2 (How We Use the Information We Collect or Receive), for instance (without limitation) to assist us with email delivery, customer and technology support, hosting services, fraud prevention and marketing, data enhancement, advertising and market research services
If you refer a new customer to us, we may share your first name and first initial of your surname with the referred person.
As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, your Information may be among the transferred assets or may be shared with the other company or business for purposes of evaluating the transaction.
Unless you direct us not to, we may share your information with reputable third parties so that they may contact you to offer products, services and promotions that we believe you may find valuable. We may also share your information with third-parties with whom we have a contractual relationship. You can instruct us not to provide your information that identifies you (such as your name, address and email address) to these third parties by sending an email Hello@simplymebox.com with "REMOVE THIRD PARTIES" in the subject line. If you receive a communication from a third party and you do not wish to receive future communications from that party, you should also tell them to remove you from their marketing list.
Our affiliate program members receive aggregate information about customers that they direct to us through links on their website
We may also provide aggregate analysis of our customers to prospective partners, advertisers, and other third parties
We may share your feedback or comments. If you post anything to this website or through the Services that can be viewed by the general public, we may share that with third parties.
We may use third-party Web analytics Services on the Site, such as those of Google Analytics. We may also share certain information about you and the device you use to access the Services in order to deliver tailored advertising. See Third Party Advertising and Your Choices for more information including the choices you have. These service providers use the technology described in the (Cookies and Other Electronic Technologies section to help us analyze how users use the Site and to deliver advertising. The information collected by the technology (including your IP address) will be disclosed to or collected directly by these services providers, who use the information to evaluate your use of the Site. Learn about opting out of Google Analytics.
We may share your Information in any other circumstances where we have your consent.
Sometimes, we may combine certain parts or portions of the Information with each other. For instance, when we provide you with customer support or other assistance, we may combine your account information and other personal information you've provided to us with Information about your usage of the Services.
4. Cookies and Other Electronic Technologies
When you use the Services, we use persistent and session cookies and other tracking technologies to: (a) analyze the usage of our sites and Services; (b) customize the Services to your preferences; and (c) control the advertising displayed by the Services. We may also use other Internet technologies, such as Web beacons or pixel tags, and other similar technologies, to deliver or communicate with cookies and track your use of the Services (including to serve you ads when you are on other websites or the Internet when we can access those cookies). We also may include Web beacons in e-mail messages or newsletters to determine whether the message has been opened. As we adopt additional technology, we may also gather additional information through other methods.
Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help menu of your browser's toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Services.
5. Third party advertising and your choices
If you are interested in more information about tailored browser advertising and how you control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative's website and/or the Digital Advertising Alliance's website. You also can control advertising cookies from Google, by using its Ads Preference Manager (but we make no representations regarding the effectiveness or accuracy of any Google tools, or other opt-out mechanisms). Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out of tailored advertising. In such cases, the advertising will just not be tailored to your interests.
6. Your Choices: Controlling Your Information, from Accessing to Removing
If you are a customer of ours, we may provide you access to account and usage information, such as:
Your service and transaction history
Your delivery information (name, email, delivery addresses, billing zip code), which you can change at any time
Your product ratings, which you can change at any time
Your payment information, which you can change at any time
Your dietary preferences, which you can change at any time
The ability to change your password
A list of your successful referrals
To completely close your account, please contact customer service at email@example.com. Closing your account will mean that you are no longer able to log in and place any orders, however we will retain the information for our records.
7. Children Under Thirteen
Neither the Services nor any portion of the Services are intended for persons under the age of 13. If you are not at least 13 years of age, you should not use the Services. By using the Services, you represent that you are at least 13 years old.
8. California Residents – Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to firstname.lastname@example.org.
9. How We Respond to Do Not Track Signals
We are committed to providing you with meaningful choices about the information collected on our Services for third-party purposes, and that is why we provide above the Network Advertising Initiative's "Consumer Opt-out" link, Digital Advertising Alliance's Consumer Opt-Out Link, and the Google opt-out link. However, we do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions
Although we take certain precautions that we believe will help protect against unauthorized access to our Services or related systems, please understand that no security is 100 percent foolproof. We make no promises regarding the security, integrity, availability or retention of the information collected or handled by our Services or related systems
11. Users From Outside the United States
13. Third Party Websites and Data Collection
The Site may contain links to third parties' websites, or show content (including advertising) from third parties. Nature Delivered Inc. assumes no responsibility for the privacy practices or the content of those websites or third parties. Therefore, please read carefully any privacy policies on those websites before either agreeing to their terms or using those websites.
14. Contact Us
At Simply Me Box, LLC., our affiliate program was designed for you in mind, to earn additional income on every paid subscription member sign up, under your promo code. You can earn hundred or ever thousands of dollars a month from just doing what you love, having engaging conversation with our member or as a side hustle by posting your promo link throughout your social media channels. This is a great way to earn immediate cash. When you are an approved affiliate, we will send you weekly tips and training videos on how to make big money with Simply Me Box. Everyone here at Simply Me Box would like to welcome you on your road to financial freedom with our affiliate program.
How does it work?
Simply Me Box has an online shop and a subscription service for luxury themed boxes. On each item shipped to a client you get paid 15% on that sale.
How do I sign up?
Signup is easy just complete the application below and hit submit, you will be taken to our leading affiliate partner Afilio where you will register your name and account information on where you would like your money deposited every month. Not everyone can become an Incoggnito Affiliate Partner upon your application approval you will receive a call to confirm your account is approved. WE WILL NOT ASK YOU FOR YOUR BANK ACCOUNT INFORMATION OR RELATED SECURITY QUESTION ATTACHED TO YOUR BANK ACCOUNT. If you receive a call requesting such information, please email us at email@example.com and a representative will respond within 24 hours.
Ecommerce Affiliate Agreement
Please read the agreement document below before registering.
1) The Parties: This Ecommerce Affiliate Agreement (the “Agreement”), made and entered by and between Simply Me Box, LLC.. (referred to henceforth as “SMB, “us” or "we") with its registered business address at P.O. Box 234, Haddonfield, NJ 08033 and you, the affiliate (referred to henceforth as "you" or "Affiliate"), contains the complete terms and conditions that apply to your participation in the Noony Affiliate Program (the "Affiliate Program" or "Program"). Your participation in the Affiliate Program is non-exclusive as there are and will be other Affiliates.
2) Term and Termination:
2.1 The term of this Agreement will begin upon our acceptance of your Affiliate Application (“Effective Date”) and will end when terminated by either party as provided for herein. By agreeing to the terms and conditions herein, this Agreement is the entire agreement between the parties and supersedes all prior communications, understandings and agreements relating to the Affiliate Program, whether oral or written. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are eligible to earn referral fees on referrals occurring only during the term of this Agreement. Upon termination of this Agreement for any reason, you shall immediately cease to represent that you are an Affiliate of Papyrus., and you shall immediately cease all use of our name and/or any of our logos and/or trademarks, and you shall remove from your site, all Links to our site, and all www.simplymebox.com , trademarks and those of any Papyrus company, trade dress, and logos, and any materials provided by or on behalf of us to you pursuant to this Agreement and/or in connection with the Program.
2.2 Simply Me Box reserves the right to terminate any accounts we deem as "inactive" accounts. An affiliate account would be considered "inactive" if it fails to generate any sales for a period of at least six (12) months. In the event of account termination due to inactivity, Affiliate will forfeit any commission balance less than the minimum commission payout amount of $25.00.
2.3 The right of termination of this Agreement is absolute and neither you nor we shall incur any liability by reason thereof. We and you mutually release the other from any claim of any nature arising out of such termination, provided however, that nothing in this Agreement shall be construed as a release of any referral fee obligation which shall have accrued from us to you prior to the effective date of such termination.
3) Enrollment in the Program: You will submit a complete Affiliate Program application from our site. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of papyrusbox.com. If your site is accepted, Papyrus may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. You hereby acknowledge that we can rely on all your representations in your application.
4) Promotion of our Affiliate Program: Upon your acceptance as an Affiliate Site, we will make available to you (via “MyAffiliate Program or Afilio Program”, a third party affiliate marketing system, which may change from time to time at our sole discretion) a variety of graphic and textual links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your approved site as you desire. The Links will serve to channel potential buyers to our site.
5) Simply Me Box To:
a. Pay Affiliate a commission (see Referral Commissions for commission details) for each qualified online order completed via your site. Qualified online orders must be made within the return day "window" of 20 days and recognized by Simply Me Box or Affilio Program. Your earned commissions shall be the only consideration from us to you.
b. Work with Papyrus or Afilio Program to pay Affiliate monthly when commissions due have reached a minimum of $25.00. Accounts with a balance of less than $25.00 will roll over to the next month. Papyrusbox.com sends out payments to affiliates within 30 days from the end of each calendar month for the previous month's commissions. The closing day to settle sales is on the 15th day of the month, whereas a qualified sale exceeds the date enclosed in our return policy which is 21 day from the time of purchase. Please review our return policy for further details.
6) Affiliate Agrees To:
a. Place Simply Me Box banners and/or text links on your site.
b. Observe and honor Incoggnito exclusive right of ownership as to the names of its property, including but not limited to its trademarked name and any variations thereof within all pay-for-placement and other search engines. Simply Me Box grants to you a limited right to the use of its trademarked names solely for promotional purposes in conjunction with the relationship as described in this Agreement.
c. Remove all links regarding Simply Me Box promotions on the date such promotions end and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links after the removal date.
d. Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
e. Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
f. Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
g. Make sure that your site does not copy or resemble the look and feel of the in website or create the impression that your site is our site or a part of our site.
h. If any immoral or unethical links are added to your site pointing to thereallux.com, we reserve the right to pursue all legal courses of action against you to the fullest extent possible under the law and you will be responsible for returning all commissions earned to us as a result.
i. Obtain all permits, licenses, and approvals necessary to perform this Agreement.
j. Perform this Agreement in a manner that reflects favorably upon the thereallux.com and our business reputation. Affiliate shall not present or cast our name, our products or services, logo or trademarks in a disparaging or negative manner of any kind.
k. Comply with all applicable federal, state, and local laws, statutes, regulations, ordinances and other legislative or administrative rules imposed or required by any legal public authority having jurisdiction or authority, including and not limited to the Federal FTC Act and the CAN-SPAM Act.
l. Not use any part of any compensation paid to you under this Agreement to pay or accrue for the benefit of, directly or indirectly, anyone who is an official, agent, director, officer or employee of any governmental entity.
m. Make no representation with respect to our products or services which in any way conflicts or is inconsistent with the our products or services descriptions, performance, specifications, features, and functionality as published or provided by us or make or pass on to any individual or entity any warranty or representation on our behalf.
n. Continuously retained our copyright attributions, notices and markings on all demonstration articles and marketing collateral and literature, and not in any way obliterate or alter same.
7) Referral Commissions:
7.1 Simply Me Box Affiliate program pays commissions for each qualified Net Sale (As defined under Section 7.2 below). A qualified sale consists of the first month of a monthly subscription, sale of item that conforms to our return policy or transportation services or the first annual subscription. If an introductory offer is in place, commissions will be paid on both the introductory offer as well as the first of any resulting purchases, transportation services or membership subscription. If no monthly purchases results from the sale of items, transportation services or membership subscriptions, commissions will not be paid out to you. In addition, if one of your referrals purchases on papyrusbox.com and that transaction is charged back from our bank or is contested for any reason by the purchaser, Incoggnito reserves the right to deduct your referral fee on that transaction from future earnings.
7.2 The affiliate team will audit affiliate, referred orders to ensure they are valid. The amount of commissions due to affiliates will increase with affiliate performance and will be as follows for each valid online order submitted by a visitor as a direct result of your affiliate referral:
Note: *Net Sale or Net Sales are all valid purchases of items, transportation services, or advertising on our site by a qualified corporation, and paid minus any chargebacks, bank credit card processing fees, refunds and returns.
7.3 Simply Me Box may offer additional periodic bonuses and performance incentives.
8) Payment Procedures:
8.1 Simply Me Box will issue payment to affiliates within 30 days at the end of each settled Net Sale, of the end of each calendar month for all commissions earned on sales during the prior month. Net Settled sales for our buyers and consigners take place on the 15th day of each month, and affiliates referral fee will settle on the 30th day of that month.
8.2 All affiliates who have met the $25 minimum payout requirement will receive the full amount of commissions due, less any amount Incoggnito determines, in its sole discretion, not validly earned from a proper use of the links on an affiliate's website.
8.3 Payments will be issued via MyAffiliate or Affilio Program only, payable to you at the address submitted by you in your online registration.
9.1 Afilio Program will be solely responsible for tracking referrals using special software that communicates with the approved URLs submitted with your application.
9.3 Thereallux.com uses a "last affiliate wins" system, under which a particular Internet user is assigned to the last affiliate site that a user visited prior to entering the papyrusbox.com website and then completes a transaction with papyrusbox.com. For instance, the user visits “Affiliate A”; then enters papyrusbox.com but does not complete a transaction; then the user later visits “Affiliate B”; finally enters simplymebox.com again and this time submits an order. In this case the consumer is assigned to “Affiliate B”, and the commission is paid to “Affiliate B”.
9.4 Simply Me Box will endeavor to do its best to ensure accurate tracking of referrals made by all affiliates. All affiliates will themselves be solely responsible for ensuring that their URLs are formatted properly, a prerequisite for accurate tracking of referrals. Notwithstanding the above statement of responsibility by Simply Me Box to track referrals, you hereby acknowledge and accept that the tracking system employed by Simply Me Box. is not 100% fail-safe and that there may on occasion be instances of referrals made that are not credited to you for any of the following reasons:
a. Your failure to use the proper format of the specially assigned URL in promotions, web page links, banner ads, etc.
b. Deliberate or accidental actions by customers to circumvent your special URL so that our software is unable to accurately track the referral.
c. Bugs, glitches or crashes of the tracking software that render it unable to accurately track referrals for a period of time.
d. Acts of nature that cause irretrievable data loss on the computers and back-up media that store the commission information.
9.5 As such, you will not hold thereallux.com liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.
10) Confidentiality: Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. This provision shall survive termination of this Agreement.
11) Limitation of Liability: We 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 affiliate relationship, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
12) Limited License: We grant you a nonexclusive, nontransferable, revocable right to link to our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in promoting papyrus services. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Simply Me Box Affiliate Program. We may revoke your license anytime by giving you written notice.
13) Disclaimers: We make no express or implied warranties or representations with respect to the Simply Me Box Affiliate Program (including, without limitation, warranties of education, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). 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.
14) Modifications: We may modify any of the terms and conditions of this Agreement at any time. You will be notified by e-mail, using the e-mail address currently listed in your Affiliate Profile, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.
15) Independent Contractors: You and Simply Me Box are independent contractors and nothing in this Agreement is intended nor shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
16) Representations and Warranties: You hereby represent and warrant to us as follows:
a. This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
b. The development, operation, and contents of your site do not and shall not infringe upon the copyright, trademark, or any other right of any person or entity.
17) Independent Investigation: You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the noonybook.com Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
18) Fraud: If you commit fraud or falsify information in connection with the submission of referrals to noonbook.com services through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to f Simply Me Box or any and all damages that Simply Me Box suffers as a result of such actions. You will also be responsible for returning to noonybook.com all commissions received for fraudulent/falsified referrals submitted, and we will fully not hesitate to pursue all legal courses of action against you possible under the law.
19) Anti-Predatory Advertising:
19.1 Affiliates will be removed from Simply Me Box Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that enable diversions of commission from other affiliates in our Program.
19.2 Such systems include those commonly known as "ParasiteWare" or that carry out functions commonly known as "Parasitic Marketing." ParasiteWare is software (including, but not restricted to, browser helpers, browser plug-ins, toolbars and pop ups/sliders) that knowingly or unknowingly undermines or removes another affiliate's ability to compete by changing, intercepting or redirecting an affiliate link. ParasiteWare may be installed knowingly or unknowingly by the end user, altering normal web browser functions and/or installing a third-party application that works through the user's altered browser.
19.3 Affiliate also agrees not to use any kind of technique that intercepts natural searches to redirect traffic through installed software, thereby causing 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 natural search. (Natural search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot, LookSmart and similar search or directory engines)
19.4 Affiliate agrees not to use any technique or marketing program that might reasonably be considered "predatory" or manipulative. Simply Me Box reserves the right to determine whether a technique or program is unreasonable. In the event of a breach of this Agreement by Affiliate and/or a third party or licensee, simplymebox.com shall immediately terminate this agreement, and, in addition to all other remedies available to it, Simply Me Box shall have the right to refuse to make payments to an Affiliate as a result of the Affiliate's efforts promoting Incoggnito in such a manner.
19.5 Affiliate agrees to indemnify, defend and hold Simply Me Box harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this Anti-Predatory Policy.
20) E-mail Marketing and Endorsements:
20.1 Affiliate agrees to comply with the requirements of the CAN-SPAM Act of 2003 (the "Act") in its distribution of e-mail that contains messaging regarding Simply Me Box. More specifically, e-mail must meet this criterion:
a. May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate.
b. Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative.
c. Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial e-mail from Affiliate.
d. Must provide to us a valid physical postal address of Affiliate.
e. Must provide a functioning return e-mail address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial e-mail, a reply e-mail or other Internet-based mechanism a request not to receive future commercial e-mail from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least 30 days after the transmission of the original message. Affiliate may not send subsequent commercial e-mails more than ten (10) business days after the recipient's request not to receive further e-mails has been received (unless there is a subsequent affirmative consent by the recipient to receive such e-mails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the e-mail address of the recipient.
f. May not contain materially false or materially misleading header information, or deceptive subject heading.
g. May NOT CONTAIN sexually oriented material.
20.3 Endorsements: Every endorsement, including testimonial, published by Affiliate regarding us or any of our products or services must be truthful, substantiated, and be neither deceptive nor unfair, as required by the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising (16 Code of Federal Regulations Part 255) as now or hereafter amended. An endorsement is an advertising message that your readers are likely to believe reflects any opinion, belief, finding or experience of Affiliate and/or any other individual, expert, or organization other than us, even if those views are identical to ours. If Affiliate is then publishing a banner ad that advertises us, no further notice of the material connection between Affiliate and us is required. If Affiliate is not then publishing such banner ad and publishes any endorsement of us or any of our products or services, Affiliate must publish notice to your readers that Affiliate may receive compensation from us. Affiliate must promptly notify us each time Affiliate is going to publish, or is publishing, an endorsement regarding us or any of our products or services. If we believe any endorsement does not comply with the FTC Guides, we reserve the right to require Affiliate to promptly bring the endorsement into compliance with the FTC Guides or immediately delete the endorsement(s). If Affiliate violates this provision Affiliate shall thereby forfeit any commissions earned from us and shall return all such commissions to us
20.4 In addition, in the event of a breach of this E-mail Marketing and Endorsements provision by Affiliate and/or a third party or licensee, in addition to all other remedies available to it, Noonybook.com shall have the right to refuse to make payments to an Affiliate as a result of the Affiliate's efforts promoting Simply Me Box, which efforts cannot be verified by Affiliate as having complied with the terms and conditions of this E-mail Marketing and Endorsements provision. Affiliate agrees to indemnify, defend and hold Simply Me Box harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this E-mail Marketing and Endorsements provision.
21) Assignment: Neither this Agreement nor any of your rights, interests, duties, or obligations shall be assigned, transferred or delegated to any other person, firm, or corporation without our prior written consent. Any attempted assignment or delegation by Affiliate without such prior written consent shall be void and without effect. We may assign this Agreement upon written notice to you.
22) Reservation of Rights: Papyrus may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. Papyrus also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.
23) Governing Law: The laws of the United States and the State of New Jersey will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Camden County, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction and Section 21, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. If any provision of part of this Agreement shall be held unenforceable, such unenforceable provision shall be stricken from the Agreement, and the remainder of this Agreement shall nevertheless remain in full force and effect, and the Agreement shall be construed to the greatest extent possible to give effect to the intent of the parties with respect to the stricken provision
24) Intellectual Property: We and our licensors own and retain all rights, title, and interest in and to the products and services available on the Simply Me Box website and all ideas, concepts, methodologies, formats, specifications, and other know-how furnished by us or our licensors in connection with the performance of its obligations hereunder, as well as all related patents, copyrights, trademarks, trade secrets, and other proprietary and intellectual property rights. The products and services available on Incoggnito app is protected by the laws of copyright, patent, trade secret, trademarks, and any other intellectual or industrial property rights applicable to the Products. Affiliate neither acquires nor is granted in any manner whatsoever any right, title or interest of any nature in and to the products and services available on Incoggnito app by virtue of this Agreement.