Site Terms and Conditions
LEGAL TERMS AND CONDITIONS
All content of the website URL www.mypowercap.com is copyright 2008 and owned or exclusively licensed by Liquid Health Labs, Inc. (“LHL”). All rights reserved.
The following, which shall be interpreted and applied according to its fair meaning and import, regardless of authorship, are guidelines for displaying and/or selling LHL products, including but not limited to its PowerCap®, and contain agreement terms to which you, agree to in consideration of LHL’ permission to use its Intellectual Property as prescribed.
LHL is a leader in dosing technology delivery systems and development of enhanced beverages. One of the results has been the development of LHL brands, such as our Lastg Shot drink, as premium products. The following guidelines have been created to uphold and maintain the quality image, reputation and integrity of LHL, our products and our brands.
Any company displaying any image originating with LHL or PowerCap, or using LHL Intellectual Property on the internet or otherwise, or selling LHL products on the internet or otherwise are requested to adhere to these guidelines. LHL reserves the right to refuse to sell LHL products to, and to refuse to allow the use of LHL Intellectual Property by, any company that does not adhere to the guidelines, without recourse by any such customer. LHL will use reasonable efforts to provide prior written notice when it believes that violations of these guidelines have occurred.
By using LHL Intellectual Property on your press items or in conjunction with your sale and promotion of LHL products, you agree to the terms end conditions of these guidelines, and agree to remove our Intellectual Property from display if advised to do so by LHL for being in violation of these guidelines or for any other reason deemed appropriate based on the sole discretion of LHL. If directed by LHL to remove our Intellectual Property from display for any reason as specified above, you agree to remove such intellectual property from such display within one (1) week of written notification from LHL.
LHL reserves the right to amend or modify these guidelines without prior notice.
1. Intellectual Property
a. LHL Intellectual Property includes all trademarked and/or copyrighted names, brands, photos, designs and images belonging to or licensed to LHL, registered or unregistered. Intellectual Property is a valuable asset to LHL. The purpose of these guidelines is to maintain the integrity of the LHL brands, including PowerCap®. Any infringement on LHL Intellectual Property, or violation of these guidelines is detrimental to the integrity of the LHL brands.
b. The following specific items are considered Intellectual Property and are the sole and exclusive property of LHL:
i. Trademarked names including, but not limited to Liquid Health Labs, Inc. and PowerCap®, as well as any of the logos or marks associated with any of the above names. Without limiting the preceding, trademarks which are the subject of trademark registrations, or applications therefor by LHL (or licensors to LHL) shall conclusively be deemed to be LHL Intellectual Property. You agree that all use of LHL Intellectual Property shall inure to the sole benefit of LHL.
ii. Individual style and item names as used in any LHL catalog, other literature or printed matter and/or websites.
iii. All images or photos copyrighted by or licensed to LHL or used in our catalogs, website(s), or any other literature or printed matter produced by LHL or by any approved third party.
c. LHL Intellectual Property may only be used for the advertising and promotion of LHL products in compliance with these guidelines or the prior written approval of LHL.
d. LHL Intellectual Property is not to be used in conjunction with competitors’ products on the same printed material or web page with the exception of a website’s Home page or search pages.
e. LHL intellectual Property cannot be altered in any way, with the exception of reasonable resizing.
f. LHL must assure that its Intellectual Property is used properly, only representing genuine LHL products, and that consumers purchasing genuine LHL products are fully satisfied with their purchases. Accordingly, retailers who desire to use LHL intellectual Property must, as a precondition, purchase all LHL products for resale directly from LHL or from authorized distributors. Internet retailers using LHL Intellectual Property on a website who do not purchase LHL products directly from LHL or its authorized distributors, will be directed to immediately remove all LHL Intellectual Property from their websites. Further, any authorized distributor, reseller or other third party selling LHL products to an unauthorized Internet retailer for resale will be in violation of these guidelines. In this situation, LHL reserves the right to refuse to sell LHL products to, and to refuse to allow the use of LHL Intellectual Property by any such company.
g. Customers using LHL Intellectual Property or selling LHL products on the Internet must notify LHL of all website URLs for sites on which any LHL Intellectual Property appears.
a. All photos of LHL products used must be taken from high-resolution images converted to optimized JPFG format. LHL will supply these images. Images scanned from our catalogs, taken from non-LHL websites, or taken from LHL, if any, are unacceptable for use for the purpose of displaying or selling LHL products.
b. When using color swatches on the Internet, LHL color swatches must be used to represent colors offered for all LHL styles. Competitors’ color swatches cannot be used to represent LHL colors. Optimized JPEG color swatches will be provided by LHL.
c. All LHL products and intellectual Property must reside within a specific standalone area of the retailer’s website that is accessible via an LHL link or graphics banner off of the homepage within this specific standalone area. LHL products may not be combined with competing products or products from other companies on the same web page. This request does not apply to the website’s Home Page or web searches that will enable consumers to view products from a database returned search.
d. All LHL images and logos must be kept current. New images of a style or new logos must replace older images. Discontinued styles must be removed from display. LHL will periodically update by posting same on its PowerCap® website, by email or disc and will then expect the changes be implemented within 30 days after receipt of the update.
e. Photos of LHL products cannot be altered in any way with the exception of reasonable resizing.
All promotions for LHL products must have prior approval by LHL. Reasonable time must be provided to receive approval from LHL after submission of any promotional copy, prices, deals, etc. No coupons rebates or other promotional discounts are to be applied to LHL products to reduce the prices below the Internet Pricelist without the prior approval of LHL.
a. All copy used in conjunction with LHL products (other than supplied copy) must be approved by LHL. Reasonable time must be provided to receive approval from LHL after submission of any copy.
b. No reference of any affiliation or relationship to LHL may be made on any website(s) other than that of an independent retailer reselling LHL products.
c. All websites must note that all images of LHL products are copyrighted by LHL and cannot be reproduced without the permission of LHL.
d. Websites or print promotional materials displaying and/or selling LHL products that contain information or history about LHL must use a pre-approved written “company history” of LHL.
e. Approved LHL color descriptions must be used on all websites to adequately and uniformly describe our colors. Competitors’ color descriptions or color charts cannot be used to represent LHL’ colors or products.
f. It is recommended that copy concerning discounted prices (i.e. “lowest prices on the web”, or “our prices will not be beat”) not be used relating to LHL products, if this detracts from the premium brand image of LHL products.
The display or sale of LHL products is not permitted on auction websites or price comparison websites.
6. Intellectual Property
LHL reserves the right to limit or prohibit use of LHL Intellectual Property, or to reject orders by or from persons who are not current in payment and other obligations to LHL.
In consideration of LHL’ permission to use LHL Intellectual Property as provided above, you agree to the terms and conditions set forth above, and stipulate and agree that the agreement terms provided in this document are deemed enforceable in the State of New Hampshire.