These Terms and Conditions set out the governing rules of participation in the LookBetterOnline Partner Program.

The term "Partner" shall hereafter refer to any individual, company or collective who participates in our Partner Program. The term "LookBetterOnline" shall hereafter refer to LookBetterOnline, Inc.

Clicking the "Join Partner Program " button at the bottom of the online application represents acceptance of these Terms and Conditions and the Partner's full intention to abide by them.

The LookBetterOnline Partner Program

The LookBetterOnline Partner Program lets participants add our links, banners and other promotional materials, programs or software devices to their web sites for the purpose of earning commissions from the referral of subscribing visitors from the Partner's site to ours.

Age of Consent and Authority to Participate

By registering for the Partner Program and accepting these Terms and Conditions, Partner represents that they are of the legal age of consent in all areas where such law abides. In addition, Partner represents that he or she is able to legally enter into this contract and will be bound lawfully by the Terms and Conditions herein upon acceptance.

Partners Web Site Content

Partner represents that his or her web site(s) that will carry LookBetterOnline Inc, links, banners or promotional materials, does not now nor will in the future contain violent, discriminatory or otherwise illegal text or graphics.

Web Site Responsibility

Partner agrees that he or she shall be entirely and singularly responsible for Partner's web site(s) and web site content, or the products or services offered therefrom through any means or modality.

Use of LookBetterOnline Banners, Links and Promotional Materials

Partner agrees to use the banners, links and promotional materials provided by LookBetterOnline, Inc. only in the manner prescribed by the Partner Program herein and no other. LookBetterOnline, Inc. logos, icons or unique graphics may not be used for any other purpose than that of promotion of LookBetterOnline, Inc services or products and for referring visitors from the Partner's web site to LookBetterOnline's web site.

Prohibited Use

Partner represents and warrants as follows:

Partner will not place LookBetterOnline banners, links or promotional materials on a web site that violates or encourages others to violate any applicable law or regulation, or that includes hate content, or that promotes discrimination based on race, sex, religion, sexual orientation, nationality, disability, or age.

Partner will only use specific LookBetterOnline banners, links or promotional material offered through the Partner Program .

Partner will not claim or otherwise represent direct or indirect sponsorship by or endorsement by LookBetterOnline, Inc. in any form whatsoever.

Partner will not use the word "LookBetterOnline" or any variation of the name in its domain name or IP identity.

Partner will not use any computer program or other device that causes LookBetterOnline's web site to record a fraudulent "click through", referral or link to its site from the Partner's site.

Partner will ensure that its web site or any mechanism thereon will not prevent or preclude a user's ability to return to LookBetterOnline's web site.

Partner will not violate or encourage any third party to violate any law or regulation having the force of law in regard to the execution of this Partner Program.

Partner will not alter the banners, links or promotional materials made available through the Partner Program by LookBetterOnline.

Partner will not engage in any behavior or activity that infringes the legal rights of any third party in regard to the execution of this Partner Program.

Partner will not impersonate or invade the privacy of or defame any third party or encourage any third party or to do such in regard to the execution of this Partner Program.

Upon Termination of this Agreement

In the event of termination, Partner will immediately cease and desist from any activity allowed by these Terms and Conditions including cessation of the use of banners, links or promotional materials provided by LookBetterOnline and the removal of same from Partner's web site.

Authority

Partner represents that Partner has the required power and authority under all applicable laws to accept and be by bound by these Terms and Conditions herein.

LookBetterOnline Copyright and Trademarks

Partner acknowledges that the banners, links and promotional materials provided through the Partner Program are the copyright or trademark property of LookBetterOnline, Inc.

License to Partner - Banners, Links and Promotional Materials

Partner is hereby granted a non-transferable, non-exclusive license to copy from LookBetterOnline's repository and display from Partner's web site(s) the banners, links and promotional materials made available through the Partner Program in accordance with these Terms and Conditions.

Commissions

LookBetterOnline shall pay the Partner in accordance with LookBetterOnline's then current commission schedule provided the following conditions are met by the Partner:

LookBetterOnline, Inc.
The Cooper Arms Building
455 E. Ocean Blvd MS 1115
Long Beach, CA 90802
Attention: Partner Program

Completion of this form is required before any commissions will be paid.

Payment Method and Intervals

Payments shall be delivered by mail to the address provided on the tax forms submitted.

Commissions shall be paid to Partner once per month or until total commissions to be paid to the Partner equals or exceeds $50.00.

Termination of Partner's Participation

Partner's participation in the Partner Program may be terminated at any time and for any reason at LookBetterOnline's discretion. Partner's participation in the Partner Program shall be deemed automatically terminated immediately upon Partner's violation of this agreement or upon awareness by LookBetterOnline that Partner's web site(s) is or has become the subject of a government investigation or complaint.

Partner may terminate its participation in the Partner Program at any time by removing the banners, links or promotional materials of LookBetterOnline from the Partner's web site and deliver email notification if its intention to terminate participation in the Programe by contacting us .

Notice to Partner of Termination

LookBetterOnline shall provide notice of termination as described in the section covering notices. Where Partner's participation in the Partner Program is terminated automatically as described in the section describing termination, no notice of termination need be provided by LookBetterOnline to the Partner.

Accuracy of Information Submitted by Partner

Partner represents that all information submitted by Partner is true and complete and that Partner shall maintain and update all contact and other information for accuracy at all times. LookBetterOnline, Inc. shall reserve the right to terminate this agreement in the event information provided is not maintained in a timely manner as accurate and current by the Partner.

Acceptance and Termination by Partner

By providing required information and accepting these Terms and Conditions, Partner agrees to be bound by same. The Partner may cancel its participation in the Partner Program pursuant to the section regarding termination.

Partner's Taxpayer Identification Number or Social Security Number

Partner agrees that Partner's United States social security number or taxpayer identification number will be provided on Internal Revenue Service Forms 1099 inclusive or any other tax forms required to be furnished to the Internal Revenue Service regarding commissions paid as direct result of participation in this Partner Program.

Tax Obligations of Partner

Partner shall be entirely responsible for all tax obligations, foreign or domestic, due to all bona fide taxing authorities arising as a result of commissions paid in connection with Partner's participation in the Partner Program.

Passwords and Responsibility for Same

Partner shall receive a password to access his or her Partner account. Partner is entirely responsible for any and all activities that occur regarding the use of Partner's password and access to the account.

Contact of Partner by LookBetterOnline

LookBetterOnline may at its sole discretion or option, contact Partner from time to time by phone, email, or other means.

Participation by Nonresident Aliens and Other Foreign Persons

If you are a nonresident alien or other foreign person or entity, you can participate in the Partner Program only if the commissions you earn from participation are not connected with a business in the United States. In order to participate and earn commission in this Partner Program, non-resident aliens and other foreign persons must sign and deliver to LookBetterOnline, Inc. an affidavit to this effect. Click here for the form.

Modification

LookBetterOnline, Inc. reserves the right to change or modify all or part of these Terms and Conditions at any time for any reason whatsoever. LookBetterOnline, Inc. will notify Partner of any modifications to these Terms and Conditions as described in the section covering notification.

LookBetterOnline, Inc. reserves the right to alter the Partner Program, its options, conditions, functionality or operational modalities, terms or to cease or terminate the Partner Program at any time.

Privacy Policy

Except as expressly provided, information given by Partner in connection with the Partner Program shall be governed by the LookBetterOnline Privacy Policy.

Audit

LookBetterOnline, Inc. will make available to the Partner subscription activity reports from which the number of LookBetterOnline membership subscriptions made as a result of Partner referrals, and other information can be viewed.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LookBetterOnline BE LIABLE TO Partner ON ACCOUNT OF Partner'S PARTICIPATION IN THE Partner PROGRAM, USE OR MISUSE OF THE Partner PROGRAM, RELIANCE ON THE Partner PROGRAM, INABILITY TO PARTICIPATE IN THE Partner PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE Partner PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LookBetterOnline HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE Partner PROGRAM, USE OR MISUSE OF THE Partner PROGRAM, RELIANCE ON THE Partner PROGRAM, FROM INABILITY TO PARTICIPATE IN THE Partner PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Partner PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Partner PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO LookBetterOnline. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitations of liability are not permitted in some jurisdictions. In such jurisdictions, the foregoing limitation may not apply to you.

Disclaimer

THE Partner PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE Partner PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LookBetterOnline, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Partner PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE Partner PROGRAM.

IN ADDITION, Partner UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE Partner PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL FROM THE LookBetterOnline WEB SITE.

Release from Claims

Partner hereby agrees to release LookBetterOnline and its, subsidiaries, Partners, officers, directors, agents, shareholders, and employees from any and all claims, demands, obligations, damages (actual or consequential or otherwise), costs or expenses of any kind whatsoever, whether known or unknown, suspected or otherwise, disclosed or otherwise, that Partner may have against them arising out of or in any way related to such disputes and/or to the Partner Program. Partner agrees to waive all laws that may limit such releases.

Indemnity of LookBetterOnline, Inc.

Partner agrees to indemnify and hold harmless LookBetterOnline Inc., and its employees agents, subsidiaries, Partners, parents, officers, directors and shareholders from any demand or claim, including interest, penalties, reasonable attorneys' fees and/or costs claimed, demanded, or incurred in connection with any such claim or demand.

Force Majeure

Under no circumstances shall LookBetterOnline be liable for any failure in performance under this Agreement resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, network hardware or software failures, computer equipment failures, telecommunication equipment failures, any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Notices

Notices or communications regarding or pursuant to these Terms and Conditions shall be sent by electronic mail or by post in writing and shall be deemed delivered upon receipt to the party to whom such communication is addressed:

LookBetterOnline, Inc.
The Cooper Arms Building
455 E. Ocean Blvd MS 1115
Long Beach, CA 90802
Attention: Partner Program

Entire Agreement

This agreement constitutes the sole and entire agreement between the parties with respect to the Partner Program and supersedes all previous proposals, oral or written, previous negotiations, former representations, other writings and all other communications between the parties or by the agents or assigns of either party.

Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the State of California without regard to that state's conflict of law provisions.

Limitation

Partner agrees that regardless of any law to the contrary, any claim arising out of participation in the Partner Program or to these Terms and Conditions must be filed within one (1) year after such claim arose, or be forever barred.

Relationship

LookBetterOnline and Partner are independent contractors under these Terms and Conditions, and nothing herein or stated previously in writing or otherwise between the parties shall be construed to create a joint venture, agency, partnership or employment relationship.

Third Party Agreements

Neither party pursuant to these Terms and Conditions has legal authority to enter into an agreement of any kind with intent to obligate either party on behalf of the other or a third party.

Successors and Assigns

The Terms and Conditions contained here shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

Headings

It is understood that the headings in this document are labels and are included for convenience only and bear no relation to the meaning, legality or efficacy of the content of this document.