Power Patient Program Terms and Conditions
Please read the entire agreement. You may print this page for your records. By signing up and joining the POWER PATIENT PROGRAM you are agreeing to the terms and conditions set forth in this agreement. You are agreeing that you have read and understand the full terms and conditions of this agreement and that you agree to be held legally responsible by law for every term and condition that is listed and set forth.
This Agreement contains the complete terms and conditions that apply to you becoming an Affiliate in the POWER PATIENT PROGRAM. The purpose of this Agreement is to set the terms for which apply to participation with B&B Cultivations retail location(s) and B&B Cultivations website (http://bbcultivation.com), including but not limited to activity such as, through digital marketing means including HTML linking in blogs, email, social media, and other methods. Please note that throughout this Agreement, “we,” “us,” and “our” refer to B&B Cultivation, and “you,” “your,” and “yours” refer to the POWER PATIENT participant, in this case, which is the party that signs up and agrees to the Terms and Conditions set forth in this agreement.
- Promotion and Affiliate Linking
As a POWER PATIENT, you may promote and advertise only approved B&B Cultivation’s affiliate links using graphics and text links provided by B&B Cultivation. POWER PATIENTS may not use their own unique link, graphics, or non-approved materials in any way or form.
- Revocation of POWER PATIENT participation Status
POWER PATIENT status and Affiliation will be canceled if this contract is broken. Affiliation can be canceled with no warning in cases of suspected fraudulent activity. If B&B Cultivation POWER PATIENT status is revoked, participating POWER PATIENTS will be considered banned for life and unable to rejoin the B&B Cultivation POWER PATIENT Program at any time. POWER PATIENTS can be immediately revoked for the following reasons regarding inappropriate/unsuitable content: False advertisements concerning B&B Cultivation, Spamming of affiliate link(s), Usage of Copyrighted Materials on your website, Harassment or Intimidation of others on your website or platforms, and/or any content deemed to be explicit by B&B Cultivation. For questions regarding compliance or revocation please contact us at firstname.lastname@example.org.
- Usage of Brand Name
The brand name “B&B Cultivation” cannot be used in any part as any element of your website URL, blog address or title, Facebook Page or Profile, YouTube Channel, Google+ Profile, Twitter, Instagram, or other such digital domain(s) not owned and operated by B&B Cultivation.
- Copyright and Trademark Infringement
B&B Cultivation reserves the rights and will actively seek legal action against POWER PATIENTS that infringe on our copyrights and/or registered trademarks, or that replicate our product or designs under a different brand name, including digital materials, known operational procedures, exclusive offerings, and branding identification elements.
- Terms of Agreement
The terms and conditions of this agreement will begin upon signup and registration for the B&B Cultivation POWER PATIENT Program and will end when your individual affiliate account has been terminated. The terms may be modified by us at any time. If you do not agree with any modifications, you may cancel your account and participation at any time.
- Governance & FTC Guidelines
All POWER PATIENTS MUST abide by all state and federal laws and regulations including the Federal Trade Commission (FTC) Acts. We reserve the right to terminate our relationship with any non-compliant POWER PATIENTS and require ALL our POWER PATIENTS to adhere to local, state, and federal rules or guidelines set forth in those territories. Failure to do so will result in immediate POWER PATIENT revocation.
- False Statements
Registration and participation in the B&B Cultivation POWER PATIENT Program ensures your agreement that you may NOT and will NOT make any misleading, false, or untrue statements in any of your marketing campaigns or initiatives. B&B Cultivation reserves the right to suspend any POWER PATIENT activities immediately if it suspects the use of false or misleading phrases, memes, texts, email(s) or other mediums to distribute information are being used.
- Grant of Licenses
B&B Cultivation grants to you a non-exclusive, non-transferable, revocable right to access our brand material through HTML links solely in accordance with the terms of this Agreement and 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 the B&B Cultivation POWER PATIENT Program. You agree that all uses of the Licensed Materials will be on behalf of B&B Cultivation and the goodwill associated will insure the sole benefit of B&B Cultivation as well. Participation in the B&B Cultivation POWER PATIENT Program confirms in writing your agreement to not use the proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. B&B Cultivation reserves all of its respective rights in the proprietary materials covered by this license. B&B Cultivation retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the POWER PATIENT participant.
- Representations and Warranties
You represent and warrant that:
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;
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;
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- 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 B&B CULTIVATION 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 UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless B&B Cultivation, and its subsidiaries, brands, and affiliates, along with any and all 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 (iv.) the loss or shut down of any social media platform.
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 B&B Cultivation, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
You agree that you are a Volunteer to promote goodwill, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and B&B Cultivation or any of its affiliates. 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 own personal web Site or any otherwise, that reasonably would contradict anything in this Section. You are not a Distributor, Employee or Partner and should not be referred to as such.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Maine without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
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.
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.
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 ANY procedures and B&B Cultivation POWER PATIENT Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your ongoing continued participation in the B&B Cultivation POWER PATIENT Program will become your new acceptance of any modifications to this agreement and/or to any future modifications to this agreement.