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General Terms & Conditions CGK Linens Affiliate Program

These General Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to individuals participating in the CGK Holdings, Inc. (“CGK Linens”) Affiliate Program (the “Program”) as an affiliate (“Affiliate”) and govern the Terms and Conditions.  


PLEASE REVIEW THIS AGREEMENT BY CONTINUING WITH THE PROGRAM, YOU AGREE TO THIS AGREEMENT.  ANY CAPITALIZED TERM USED HEREIN AND NOT OTHERWISE DEFINED SHALL HAVE THE MEANING ASCRIBED IN THE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT PROCEED WITH AN APPLICATION TO THE PROGRAM, AND DO NOT PARTICIPATE IN THE PROGRAM.  

 

1. PRICING & AVAILABILITY


CGK Linens may change pricing and/or availability of its products and/or services at any time. Accordingly, Affiliates should not include pricing information or any assurances of availability to potential customers in order avoid misleading and/or disappointing potential customers.

 

2. COOKIES

For Link tracking purposes, CGK Linens uses cookies, which enables CGK Linens to monitor who has clicked on Affiliate’s link. To ensure use of Affiliate’s link is accurately tracked, Affiliate should advise each customer using the Link to enable cookies on their browser. If a customer does not allow cookies or clears their cookies prior to using the Link to make a purchase, CGK Linens will be unable to track Link usage and thus will be unable to pay Commission on the customer’s purchase.

 

3. REMOVAL FROM REFERRAL PROGRAM

If Affiliate wishes to be removed from the Program, they can do so by contacting: partnerships@cgklinens.com. CGK Linens may, at any time, and for any reason, remove Affiliate from the Program.

 

4. CONFIDENTIALITY


CGK Linens may disclose to Affiliate certain confidential information (“Confidential Information”). Confidential Information includes, without limitation, any and all proprietary information regarding CGK Linens business, business plans, trade secrets, know-how, inventions, customers, and consumers, whether or not identified as confidential or proprietary at the time of disclosure. Affiliate agrees to keep such Confidential Information confidential and shall take all reasonably necessary measures to preserve such confidentiality. Affiliate shall not disclose any such Confidential Information without CGK Linens prior written permission, except (i) as necessary to professional counselors employed by Affiliate, such as an accountant and/or attorney (provided, however, that Affiliate shall remain fully responsible, and assume all liability, for any unauthorized use or disclosure of such information by such individuals), or (ii) if required by law or court order. Notwithstanding the foregoing, Affiliate’s relationship with CGK Linens must be disclosed when posting social media content, or otherwise advertising, as part of Affiliate’s participation in the Program, for the purpose of complying with the FTC Guides (as covered in Section 5 above and in Exhibit A).

 

5. NON-DISPARAGEMENT


Affiliates shall not disparage, criticize or otherwise remark negatively about CGK Linens or any of CGK Linens affiliates, subsidiaries, representatives, directors, officers, agents, partners, employees, products, services or business, either publicly or privately.

 

6. MORALITY & SOCIAL RESPONSIBILITY


Affiliate agrees to act in a socially responsible and moral manner, and if, at any time during Affiliate’s participation in the Program, Affiliate is convicted of any crime or engages in any behavior that tends to bring Affiliate to public disrepute, or that may shock, insult or offend the community or public decency, using a reasonable person standard, or may prejudice CGK Linens, or which results in actual or threatened claims against CGK Linens, Affiliate shall be disqualified and removed from the Program.

 

7. REVERSAL & COMMUNICATION POLICY 

We reserve the right to reverse payments and/or orders due to order cancellations, duplicate tracking, returns, disputed charges, and Program violations as outlined in this Agreement.  All decisions regarding violations and payment revocations is at CGK’S sole and absolute discretion. CGK has broad discretion to determine how and when to allow a payment and in the event we believe that you are violating this Agreement, we may hold back some or all of the payment that have already accrued, or forfeit some or all of the payment.  

 

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions; we expect that you will respond in a timely and honest manner. Below are violations of our communications policy:  

 

(a) You are not forthcoming, intentionally vague or are found to be lying. 


(b) You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile. 


(c) You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof. 


(d) If any of the above conditions apply, then we reserve the absolute right to reverse orders, reduce your Fee, extend the pending period for your Fee, or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon you to ensure that you have the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.

 

8. USE RESTRICTIONS 

In order to participate in the Program, your use of the Code, including your website must comply with all requirements set forth in this Agreement, including the following.  


Neither you nor your website, nor your use of the Code may:  

(a) Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights. 


(b) Violate any law, rule or regulation. 


(c) Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, adult content, pornography or sexually explicit materials, or links to sites that contain or promote the foregoing. 


(d) Contain explicit, vulgar, or obscene language. 


(e) Contain racial, ethnic, political, hate-mongering or otherwise objectionable content. 


(f) Promote illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, illegal drugs, etc. 


(g) Contain or promote software piracy, list passwords, software cracking, warez or any illegal activity. 


(h) Contain links that automatically redirect users to another site.


(i) Send unsolicited emails or other communications.  


(j) Contain or include browser helper objects, software that generates clicks, causes any pop ups on anyone else's site or attempts to set a cookie or tracking without the user clicking the link. 


(k) Contain any questionable or controversial subject matter judged inappropriate by us. 


(l) Offer incentives, including cash, point, contest entries, prizes or rewards to click on ads or links. 


(m) Contain or include software downloads that, in our sole discretion, can potentially divert commissions from other affiliates.  


(n) Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.


(o) Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.

 

9. PROHIBITION AGAINST SOLICITATION FOR RESIDENTS IN CERTAIN STATES 

    As a condition of its participation in the Program, if you are a corporate entity with a place of business in one of the following states and/or of you are an individual who is a resident of one of the following states agrees that its activities on behalf of CGK  shall be limited to providing the Code on your website to our website: Arkansas, Connecticut, Georgia, Illinois, Kansas, Louisiana, Maine, Michigan, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Puerto Rico, Rhode Island, Tennessee and Vermont (hereinafter “​Non-Solicit States​”). You acknowledge that under current laws in these Non-Solicit States, solicitation and promotional activities by you may render CGK liable for collecting sales tax on all sales to customers in these states. Therefore, as a condition of participation in the Program, you are prohibited from engaging in any solicitation activities in the Non-Solicit States intended to refer potential customers to CGK, including, but not limited to: (i) distributing flyers, coupons, newsletters and other printed materials, or electronic equivalents of such materials; (ii) engaging in verbal solicitation, including in-person referrals or initiating telephone calls; and (iii) sending emails, text messages or maintaining social network sites intended, directly or indirectly, to solicit or refer customers to CGK. If you reside in a Non-Solicit State, we require you to provide CGK with a written statement of compliance with this provision on an annual basis (by May 31 of each year). If you fail to provide this written statement of compliance, or if CGK learns you have not complied with your obligations, we will remove you from the Program. We reserve the right to require you to provide a written statement of non-solicitation should events require, including but not limited to, if the state of your residence adopts a law placing limits on solicitation, or if you relocate to a Non-Solicit State. You agree to cooperate with completing any forms which may be required for tax purposes, including statements or certifications regarding its activities. You further acknowledge that tax laws are subject to change at any time and such changes may render participants in certain states ineligible for continued participation in the Program. We reserve the right to remove you from the Program at any time for any reason or to revise this understanding prohibiting affiliate solicitation on its behalf. 

     

    10. CUSTOMERS 

      CGK’S customers are not, by virtue of your participation in this Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on our website will apply to the customers.  You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers, you will direct them to CGK customer service.

       

      11. TRADEMARK GUIDELINES. 

      By participating in the Program, you are also agreeing to the CGK Intellectual Property Guidelines. The CGK Intellectual Property Guidelines are attached as ​Exhibit B. By agreeing to this Agreement, you are confirming that you have reviewed the CGK Intellectual Property Guidelines and will comply with then.  

       

      12. WARRANTIES 

        You represent, warrant, and covenant that (a) you will participate in the Program and create, maintain, and operate your website in accordance with this Agreement, (b) neither your participation in the Program nor your creation, maintenance, or operation of your website will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications and marketing), (c) that you are lawfully able to enter into contracts (e.g. you are not a minor), (d) that the Content complies with all laws, rules, and regulations, and the Content will not infringe the rights of any third party, and (e) the information you provide in connection with the Program is accurate and complete at all times.  


        We do not make any representation, warranty, or covenant regarding the amount of traffic or Fee you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.

         

        13. TERM AND TERMINATION 

          The term of this Agreement will begin upon your registration on or use of the Program and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.  

           

          14. DISCLAIMERS

            THE PROGRAM, OUR WEBSITE, OUR PRODUCTS, THE CODE, ANY CGK MATERIALS WE PROVIDE OR MAKE AVAILABLE TO YOU, OUR TRADEMARKS, THE PROGRAM, OUR DOMAIN NAMES AND ANY AND ALL OTHER INFORMATION, CGK MATERIALS, IMAGES, RELATED DIRECTLY OR INDIRECTLY TO CGK, OUR WEBSITE, AND/OR OUR PRODUCTS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CGK MATERIALS PROVIDED OR USED BY OR ON BEHALF OF US OR OUR PARTNERS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “​CGK MATERIALS​”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE CGK MATERIALS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE CGK MATERIALS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR PARTNERS WARRANT THAT THE CGK MATERIALS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR PARTNERS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR WEBSITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CGK MATERIALS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM OR THE CGK MATERIALS OR OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR PARTNERS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE PROGRAM OR FORFEITURE OR DEDUCTION OF THE FEE.  

             

            15. LIMITATION OF LIABILITY 

              NEITHER WE NOR ANY OF OUR PARTNERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THE CGK MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE CGK MATERIALS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU IN CONNECTION WITH THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. 


              16. INDEMNIFICATION 

                WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR WEBSITE OR YOUR VIOLATION OF THIS AGREEMENT, OR THE PROGRAM AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) THE CONTENT, AND YOUR WEBSITE OR ANY MATERIALS THAT APPEAR ON YOUR WEBSITE OR SOCIAL MEDIA ACCOUNTS, INCLUDING THE COMBINATION OF YOUR WEBSITE OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR WEBSITE OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR WEBSITE, (C) YOUR USE OF ANY CGK MATERIALS, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT, ANY OPERATIONAL DOCUMENTATION, OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY), OR (E) YOUR OR YOUR EMPLOYEES' OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT. 

                 

                17. DISPUTES 

                  Any dispute relating in any way to the Program or this Agreement will be resolved by binding arbitration, rather than in court​, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. 


                  There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. 


                  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.​ If for any reason a claim proceeds in court rather than in arbitration, ​we each waive any right to a jury trial.​ We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. 


                  Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages. 

                   

                  18. MODIFICATION 

                    We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a change notice or revised Agreement, on our website or by sending notice of such modification to you by email to the primary email address then-currently associated with your Associates account (any such change by email will be effective on the date specified in such email but will in no event be less than two business days after the date the email is sent). YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.  

                     

                    Please contact us if you have any questions about this or any part of this Agreement via email at partnerships@cgklinens.com. 

                     

                    19. NO ASSIGNMENT. 

                      You acknowledge and agree that the rights granted herein are personal in nature and may not, in whole or in part, be transferred, delegated, or assigned by you without the prior written express consent of CGK.  In the event you assign this agreement to a third party with CGK’s consent, you shall remain primarily liable for the performance of its obligations hereunder. Nothing herein shall prevent CGK from assigning its rights or obligations under this Agreement.

                       

                      20. GENERAL PROVISIONS. 

                        (a) This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and may not be orally changed, altered, modified or amended in any respect.  To effect any change, modification, alteration or amendment of this Agreement, the same must be in writing, signed by the parties hereto.


                        (b) This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without your consent, CGK may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use any Program after any amendment, modification, or change, you agree to be bound by all such amendments, modifications, and changes.  


                        (c) No waiver by either party, whether expressed or implied, of any provision of this Agreement or of any breach or default of any party, shall constitute a continuing waiver of such provision or any other provisions of this Agreement, and no such waiver by any party shall prevent such party from acting upon the same or any subsequent default of any other part of any provisions of this Agreement. 


                        (d) This Agreement does not constitute and shall not be construed as constituting an agency, a partnership or joint venture between you and CGK.  Additionally, nothing contained herein shall be construed as to create between you and CGK the relationship of franchisor and franchisee.  You shall have no right to obligate or bind CGK in any manner whatsoever, nor shall CGK have the right to obligate or bind you, and nothing herein contained shall give or is intended to give any rights of any kind to any third persons.


                        (e) Without limiting anything herein to the contrary, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties.  


                        (f) Survival of Terms​.  All terms, conditions, obligations and provisions capable of surviving the termination or expiration of this Agreement shall so survive. 





                        Exhibit A
                        Social Media Posting Requirements
                        All Affiliates must comply with the below rules when posting any content mentioning or
                        referring to CGK Linens in any way



                        • All posts and stories must comply with all applicable laws and guidelines, including, but not limited to, “FEDERAL TRADE COMMISSION 16 CFR Part 255 Guides Concerning the Use of Endorsements and Testimonials in Advertising” (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”)
                        • In compliance with FTC Endorsement Guides, Affiliate will clearly disclose that CGK Linens is compensating Affiliate whenever communicating about, or referring to, CGK Linens directly or indirectly, including, but not limited to, when speaking, posting or blogging about CGK Linens, with any such disclosure appearing clearly and conspicuously and in close proximity to any statements Affiliate makes about CGK Linens or its products and/or services.
                        • Affiliates are encouraged to also use the hashtag, “#mycgklinens”
                        • All statements made in social media content must be truthful, accurate and reflect Affiliate’s actual beliefs
                        • All content must comply with the policies and terms of use of the platform(s) on which it is posted, whether on Instagram or any other site where Affiliate posts content as part of this Program
                        • You may not post your Code to any social media accounts run by or on behalf of CGK Linens. 


                        Exhibit B
                        Intellectual Property Guidelines

                        You agree to comply with CGK’s Intellectual Property Usage Guidelines (“Guidelines”). 


                        These Guidelines, and any amendments to the Guidelines, are in effect for as long as you participate in the Program (“Term”).  


                        CGK may change these Guidelines at any time and will provide you with an updated copy of these Guidelines.  


                        The trademarks owned or used by CGK, as well as any other trade dress owned by or used by CGK are the “Trademarks”.  CGK routinely creates photographs and images of CGK’s products, goods and clients (“Photographs”) used to promote, market and/or sell CGK’s Goods.  CGK sometimes grants its retailers limited licenses to access and use the Photographs solely to promote the Goods.  Based on your relationship with CGK, you may be granted a non-exclusive, limited, revocable license to use the Photographs, strictly subject to your compliance with these Guidelines.  


                        If you do not agree with these Guidelines, you cannot use or access the Photographs or the Trademarks. 


                        In the event any Trademarks are licensed to CGK, the trademark owners’ terms and conditions take precedence over these Guidelines and you understand and agree that the trademark owners’ terms and conditions may be more restrictive than these Guidelines. 


                        Email. During and after the term, you will not use any Trademarks in connection with an email account without CGK’s prior written approval.  If you set up an email account incorporating the Trademarks, you will do so only as an agent of CGK, and you assign and will assign and transfer the email account and any passwords to CGK at CGK’s request.  If you fail to assign and transfer the email account and any passwords to CGK within a reasonable time from CGK’s request, you hereby grant CGK a limited Power of Attorney to transfer the email account and will execute any documents reasonably necessary to effect the transfer.  


                        Websites, Domain Names and Keywords. During and after the Term, you will not use any Trademarks in connection with any websites, domain names and/or keywords without CGK’s prior written approval.  If you register or use any websites, domain names or keywords incorporating the Trademarks, you do so only as an agent of CGK, and you assign and will assign and transfer the websites, domain names and keywords, and any passwords to CGK at CGK’s request.  If you fail to assign and transfer a website, domain name and/or keyword, and any passwords to CGK within a reasonable time from CGK’s request, you hereby grant CGK a limited Power of Attorney to transfer the website, domain name or keyword and you will execute any documents reasonably necessary to effect the transfer. 


                        Social Media Account. If you register any social media accounts incorporating the Trademarks (i.e. a Twitter account or a Facebook account), you may only use the account during the Term.  After the Term, you must transfer the account, and any passwords, to CGK.  You assign and will assign and transfer the social media account to CGK at CGK’s request at any time after the Term.  If you fail to transfer and assign any social media accounts, and any passwords, to CGK within a reasonable time from CGK’s request, you hereby grant CGK a limited Power of Attorney to transfer the social media account and you will execute any documents necessary to effect the transfer. 


                        Trademarks Applied to Goods. You will not alter or modify the Trademarks as applied directly to the Goods or on any goods.  You will not use the Trademarks in any way in connection with any goods that are not from CGK.  


                        Advertising and Promotion of Goods. If you use the Trademarks in any way and CGK believes that the use does not represent the quality of the brand, CGK will advise you to remove and/or modify the use of the Trademarks.  You must comply with any such request within five (5) business days of notice from CGK.  


                        Unauthorized Sales of Goods: If you offer to sell or sell goods that are not Goods under or in connection with the Trademarks/Photographs, or goods that were not sold to you with CGK’s express authorization under or in connection with the Trademarks/Photographs, the Term will immediately end. 


                        Use of Trademarks After Term: You will cease all uses of the Trademarks as soon as the Term has ended, whether by expiration or termination.  You will not make any further use of the Trademarks after the Term has ended.  


                        Use of Similar Trademarks. During or after the Term, you agree not to use any trademarks or trade dress that is confusingly similar to any of the Trademarks.  


                        Modifications. You agree to use the Trademarks only as set forth herein.  All rights in and to the Trademarks are retained exclusively by CGK.  Any of my use of the Trademarks inures to the benefit of CGK.  You will not modify, change or alter the Trademarks or the Photographs or any uses of the Trademarks or Photographs.  


                        Limited Use. You will only use the Photographs and the Trademarks in connection with the promotion, offering for sale or sale of the Products. 


                        Cessation of Use. Upon receipt of written notification from CGK, you will immediately stop all use of the Photographs and the Trademarks and remove all Photographs and Trademarks from any marketing or promotional materials or websites. 


                        Ownership. You agree that, as between you and CGK, CGK owns all right, title and interest in and to the Photographs and the Trademarks and any derivatives of the Photographs.  


                        License. You agree that you are using the Photographs and the Trademarks under a limited license from CGK and any of your use of the Photographs and Trademarks inures to the benefit of CGK.  


                        Not Transferrable. You will not share access to the Photographs or the Trademarks with any third party without CGK’s prior written approval. 


                        Restriction and Termination. CGK may restrict or terminate your access to the Photographs and Trademarks at any time.