AFFLILIATE agrees to comply with all state and federal regulations. including all provisions of the Federal Trade Commission Act (15 U.S.C. §41-58. As amended) and the Federal Trade Commission Guides Concerning Use of Endorsements and Testimonials in Advertising (16 C.F.R. §255.0 et seq.).
- a) Consumer Endorsements. If AFFILIATE is providing endorsement of any of SELLER’s products. AFFILIATE agrees to comply with all requirements of 16 CFR §255.1. including but not limited to:
- i) AFFILIATE will be a bona fide user of the product at the time AFFILIATE makes the endorsement;
- ii) AFFILIATE will notify SELLER immediately if AFFILIATE discontinues being a user of the product; and
AFFILIATE will only make endorsements of
SELLER’s products which reflect the honest opinions. finding. beliefs or experiences of AFFILIATE. and AFFILIATE will not make any representation which is deceptive or could not be substantiated.
- b) Endorsement of any Drug or Device. If AFFILIATE is endorsing any drug or devise. As defined by Federal Trade Commission Act 15 U.S.C. 55. AFFILIATE may only do so in accordance with 16 CFR §255.2. Which prohibits the endorsement of a drug or device unless:
- i) AFFILIATE has adequate scientific substantiation for such claim. and
- ii) AFFILIATES claims are not inconsistent with any determination. That has been made by the Food and Drug Administration with respect to the drug or device that is subject of the claim.
- c) Expert Endorsements. If AFFILIATE provides endorsement based on expertise. Pursuant to 16 CFR §255.3. AFFILIATE must ensure:
AFFILIATE’s endorsement when based on comparison
The comparisons must be included in the evaluation. and. As a result of such comparisons. Must have concluded that. With respect to those features on which he is an expert and which are relevant and available to an ordinary consumer. The endorsed product is at least equal to or superior overall to the competitor’s products. Moreover. where the net impression created by the endorsement is the advertised product is superior to other products with respect to any such feature or features. AFFILIATE must have in fact found such superiority.
- d) Endorsement by Organization. If AFFILIATE provides an endorsement on behalf of an organization. the endorsement must fairly reflect the collective judgment of the organization. (16 CFR §255.4).
- e) Disclosure of Payment. Compensation or Benefits. Pursuant to 16 CFR §255.5.
AFFILIATE shall disclose conspicuously
In any advertisement to the public. any payment. promise of payment. benefit or compensation he/she/it receives in exchange for any endorsement he/she/it provides to SELLER. unless AFFILIATE is an expert or well know personality.
You shall not assign or delegate its obligations under this Agreement. either in whole or in part. without the prior written consent of SELLER. in its sole discretion. Any attempted assignment in violation of the provisions of this telegram data Agreement. whether by operation of law or otherwise. will be void. This Agreement is not intended to and shall not be construed to provide any rights. remedies or benefits to or for any person or entity not a party to this Agreement. Subject to that restriction. this Agreement will be binding on. inure to the benefit of. and be enforceable against the parties and their respective successors and assigns.
If any provision of this Agreement
or the application thereof to any person or circumstance. shall be held invalid or unenforceable under any applicable law. such invalidity or mastering e-marketing: strategies for unprecedented digital growth and engagement unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision. or the application of such provision to other persons or circumstances. and. to this end. the provisions hereof are severable.
SELLER in exercising any right under this Agreement
The rights and remedies of SELLER hereunder shall not be mutually exclusive. i.e.. the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. You acknowledge. confirm. and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and. in the event of a breach or threatened breach of any provision hereof.
The respective rights and obligations hereunder
Shall be unenforceable by specific performance. injunction. or other equitable remedy. Nothing contained in this Agreement shall limit albania business directory or affect any rights at law or otherwise of SELLER for a breach or threatened breach of any provision hereof. it being the intent of this provision to make clear that the respective rights and obligations of SELLER shall be enforceable in equity as well as at law or otherwise.