Blue Lifestyle Seal of Approval image

 

Effective 30th of March 2017

By checking the “Agreed” box below and submitting this transaction to Blue Lifestyle International, LLC for issuance of a Seal of Approval, you accept the following Terms of Use as a binding agreement.

I           DEFINITIONS

1.1       The following definitions explain some of the terminology and abbreviations used in Blue Lifestyle’s Seal of Approval Terms of Use:

1.2       “Terms of Use” refers to the Blue Lifestyle Seal of Approval conditions of agreement that are available on the ‘Blue Lyfestyle’ website.

1.3       “Seal of Approval” refers to various medallion images representing Blue Lifestyle’s evaluations/ratings of the level of quality of products or services.

1.4       “Subscriber” refers to any person or entity qualified to receive the Seal of Approval that elects to use the Seal for marketing purposes in accordance with these Terms of Use.  The Subscriber is also referred to as “You/Your”

1.5       “We/us/our” refers to Blue Lifestyle International LLC, the Site, its employees, and affiliates.

II         ELIGIBILITY CRITERIA

2.1       To qualify for the Seal of Approval, the product or service must receive at least 90 points from our judges. Products and services receiving 88 or 89 points and designated as a “Good Value” are also qualified for the Seal of Approval.

2.2       Whenever a product or service qualifies for the Seal of Approval we will notify the producer or the provider of the evaluation/rating.  The notice will set out the procedure for acquiring the Seal of Approval.  When a Subscriber requests issuance of a Seal of Approval, the Terms of Use will be presented for acceptance.  The Terms of Use are always accessible on the Blue Lifestyle web page.

2.3       A license number for the particular product or service is assigned and placed on the associated Seal of Approval.  The image file for the Seal of Approval is delivered to the Subscriber upon payment of the stated fee.  Prices are available on the web page.

III        THE LICENSE

3.1       Use of the Seal of Approval is regulated by these Terms of Use.  Any use other than what is specifically described herein is prohibited unless the Subscriber obtains prior written permission from us for additional use.

3.2       The license shall be non-exclusive except that only a single specific product or service is associated with the license number on the Seal of Approval,  and the license can only be used for marketing that item.

3.3       The license shall remain in effect from the date of issuance to the date of expiration, or until (i) the next review of the product or service for which the license is obtained (ii) in the case of vintage wine, until all of the specific product has been sold.

3.4       The license may not be transferred to any product or service other than the one described in association with the license number.  Seals of Approval may not be used for purposes other than those stipulated in these Terms of Use.

3.5       We reserve the right to alter or amend these Terms of Use at any time.  Changes to these Terms of Use will be confirmed to you in writing. In the event that you do not wish to continue use of the Seal of Approval following a change of these Terms of Use, you may terminate the license by giving notice to us in writing.   Pro-rated refund amounts are listed in the Price Schedule. Termination is immediate upon receipt of the written notice.

The current Terms of Use can always be found at: http://bluelifestyle.com/seal-of-approval/seal-approval-terms-use/

IV        USE OF THE SEAL OF APPROVAL

4.1       The license permits use of the Seal of Approval in any advertising via print or broadcast media, point-of-sale promotion, public relations communications, or other customary marketing channels.  Online or in print, when citing that it was awarded to the product for which the license was granted. Using the Seal of Approval on TV, in-theater, and in online commercials, such as YouTube, Facebook, Snapchat and Instagram advertisement a premium fee will apply.

4.2       The license is issued for the following categories of products and services:

(a) Wines
Wine are distinguished by the producer, growing region, vintage year and varietal. Subscriber may use the Seal of Approval for as long as that specific wine is in the market.

(b) Spirits/Food Products/Beauty Products/Travel and Travel Related Amenities or Services/Cruise Lines/Food Products/Beauty Products and all other Lifestyle products or services that we may deem eligible in the future.  Licenses are issued for one or two-year subscription periods.

4.3       The Seal of Approval may be used for marketing of the products and services worldwide.

4.4       You may not modify, change or adapt the Seal of Approval in any way other than resizing to suit your particular purpose.

V         SUSPENSION AND TERMINATION OF THE LICENSE

5.1       We may, at our discretion, withdraw this license with immediate effect in the event that:

(i)        the product or service changes in such a way that it no longer fulfills the eligibility criteria;

(ii)       your business is closed or there is a change of form, such as merger or acquisition, that changes the producer, product or service description associated with the license number,

5.2       We may also withdraw this license if the Seal of Approval is used in any way which, in our opinion, adversely affects us or our reputation, or if its use is in breach of these Terms of Use. In the event that such a breach is capable of remedy and a delay in withdrawing this license will not prejudice our position, we may give you the opportunity to remedy such misuse within thirty (30) days of us notifying you of the breach. If the breach cannot be remedied or you fail to remedy the breach within the thirty (30) days, we reserve the right to withdraw this license with immediate effect.

VI        CONFIDENTIAL INFORMATION

6.1       The term “Confidential Information” means any information or material which is proprietary to Blue Lifestyle, whether or not owned or developed by Blue Lifestyle, which is not generally known other than by Blue Lifestyle, and which Subscriber may obtain through any direct or indirect contact with Blue Lifestyle. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by Blue Lifestyle concerning the business, technology and information of Blue Lifestyle and any third party with which Blue Lifestyle deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.

6.2 “Confidential Information” does not include:

  • matters of public knowledge that result from disclosure by Blue Lifestyle;
  • information rightfully received by Subscriber from a third party without a duty of confidentiality;
  • information independently developed by Subscriber;
  • information disclosed by operation of law;
  • information disclosed by Subscriber with the prior written consent of Blue Lifestyle; and
  • any other information that both parties agree in writing is not confidential.

6.3       PROTECTION OF CONFIDENTIAL INFORMATION.  You understand and acknowledge that the Confidential Information has been developed or obtained by Blue Lifestyle by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of Blue Lifestyle which provides Blue Lifestyle with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for your receipt of any Confidential Information, you agree as follows:

[i] No Disclosure. You will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of Blue Lifestyle.

[ii] No Copying/Modifying. You will not copy or modify any Confidential Information without the prior written consent of Blue Lifestyle.

[iii] Unauthorized Use.  You shall promptly advise Blue Lifestyle if you become aware of any possible unauthorized disclosure or use of the Confidential Information.

[iv] Application to Employees. You shall not disclose any Confidential Information to any of Your employees except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of Blue Lifestyle.

VII       WARRANTIES.

7.1       We make no warranties, express or implied, with respect Your use of the Seal of Approval by the other party, nor do we undertake responsibility toward any third party in respect to Your use of the Seal of Approval.  In no event, will Blue Lifestyle be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Seal of Approval or its use by You.

7.2       You agree to indemnify and hold us harmless from all losses, liability, claims, damages or expenses arising from material prepared or supplied by You or resulting from Your failure to use due care in all matters undertaken by the You or at Your direction pursuant to this Agreement and the within Terms and Uses, and any activities contemplated hereby, including but not limited to the Your failure to detect, or delay in detecting, omissions, interruptions, faulty display or placements, or any other basis for the assertion of any claims involving us.  You therefore also agree that we have no liability for the contents of Your communications through marketing channels, or for any legal consequences arising from them or from Your use of the Seal of Approval through them.

7.3       The indemnification provided above shall include payment of all attorney’s fees and costs as and when incurred by us in defending any claims to which indemnity applies at the rates and in the amounts charged to us by our selected attorneys and vendors.

VIII     GOVERNING LAWS

8.1       This Agreement shall be governed by and construed under the laws of the state of California, United States of America, and venue shall lie in the Los Angeles County Superior Court for the State of California.

IX        FINAL PROVISIONS

9.1       If any part of the within Agreement and/or these Terms of Use is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Agreement and/or Terms of Use. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.