Customer Service

Returns & Cancellations

We understand that sometimes, items you purchase are simply not right for your environment. They do not match your décor, or you simply do not like them. If you are unsatisfied with a product for any reason, you may return or exchange the item to Lightology within 60 days of delivery (restocking fees may apply). We want to ensure you get the right product for your space and our unparalleled selection of contemporary lighting products from around the world helps make this happen.
Log-in to your account to initiate a return.

Products Not Eligible for Return/Cancellation

Sorry, we cannot accept returns on:

  • Custom and built-to-order items
  • Floor models, Open Box, and Clearance Items
  • Large orders (single fixtures over $5,000, orders totaling over $5,000 on multiple quantities of the same fixture)
  • Any product that has been modified, installed, or used in any way (including cut, clipped or stripped wires)
  • Items not in resalable condition or items missing the original packaging
  • Items not purchased from Lightology
  • Items not purchased by the original customer (we require the original purchase receipt)
  • Orders shipped outside the United States

Products eligible for return/exchange include items in original, new, uninstalled condition with all original parts, and packaging. You may return any item that qualifies under these conditions within 60 days of delivery. If Return labels are provided, return shipping will be deducted from your refund. Please note that we do not accept in-person returns at our Chicago showroom or warehouse.
Log-in to your account to initiate a return.

Restocking Fees

Restocking fees can vary depending on the brand and the product. Some manufacturers charge restocking fees on returned or exchanged products. However, Lightology has worked with all our partner brands to offer you the best possible return/exchange terms. Return/Exchange terms are noted on each product page.

Cancellations

You can cancel an order within a 72 hour window of order placement, unless it is a custom item or special order restocking fees may apply. If your order has already shipped (even if under 72 hr window), it cannot be canceled, and will be treated as a return. Cancellation fees may apply for orders being consolidated at our warehouse. Any cancellation fees imposed by the manufacturer will be your responsibility and will be deducted from any refund. To request an order cancellation, please contact our team using our Customer Service Contact Form. Please be sure to include your name, address, Lightology order number, items to be cancelled, and the reason for your cancellation. You will receive an email detailing your cancellation request, followed by another email detailing if the cancellation request was successful. Please allow up to 72 hours to receive your cancellation confirmation. Changes to lead time and backorder dates shall not constitute grounds to cancel an order.

Please be aware that if your order is already in route from its original location, it cannot be rerouted, redirected, or cancelled. Should you wish to return the item, please log-in to your account to initiate a return.

Note: Do not refuse delivery of non-damaged goods as this will result in a restocking fee. Additionally, delivery refusal may also result in the loss of your product and may negate the possibility of a refund. You may also be charged for round trip shipping costs.

Warranty

We understand that sometimes products have a manufacturer’s defect. All items are offered with a one year Lightology warranty. Any qualifying defective item purchased from Lightology that is returned within one year of purchase will be repaired or replaced at the company's discretion. Repairs for items that are still under warranty will be covered at no charge. If you would like report a defective item please contact us immediately, by logging into your account and filling out a Claims Form. Once your claim request has been received a Claims Specialist will reach out to you within 2 business days.

Shipments Claims

We understand that items can be damaged during the shipping process. We also understand that from time-to-time, something may arrive missing parts or components. Our damaged goods/missing parts policy and process is designed to deliver to you a resolution in the timeliest manner possible, at no expense to you. All damages must be reported within 72 hours. of delivery. Lightology cannot be held responsible for any missing, or damaged goods if we are not notified within this time period. If you suspect that your Lightology order was damaged during shipment, please contact us immediately, by logging into your account and filling out a Claims Form. Please provide photos of the damaged product and packaging. Once your claim request has been received a Claims Specialist will reach out to you within 48 hrs.

Price Match

Lightology wants you to be confident that you are receiving the best prices anywhere by shopping with us. If you find the same exact product advertised for less by one of our competitors within 30 days of your purchase, we will gladly match that price including shipping and handling.

Please note that our Price Match Guarantee applies only to the identical product from the same manufacturer. The competitor must be a US authorized dealer of the product and it must be a stock item, available for shipment and not on extended back order. A website link or written quote from the competing vendor for the same product(s) shipped to the same address must be sent to Lightology. Sales tax, shipping and handling will be factored in to determine final price. Price Match Guarantee does not apply to clearance items. Additional discounts may not be applied when Price Match is used. Certain bulbs, dimmers and architectural lighting products do not qualify for our price match discount

Please contact us for price match requests.

Pricing or Product Description Discrepancies

We make every effort to assure the accuracy of the pricing and product information on our website. From time to time, pricing or product information may be inaccurate. In such cases, we reserve the right to cancel your order. A complete refund will be made for any items that have not yet been shipped. In the event of inaccurate product information, our sole responsibility will be to accept the product return and provide a customer refund.

Shipping Charges

Lightology offers free ground shipping on most retail web lighting orders over $100, shipped within the continental U.S. Shipping to Alaska, Hawaii and Canada are available for an additional fee, and subject to change. Please contact us for a quote. Expedited Delivery is also available for an additional charge.

Please note that processing times posted on our website are in addition to shipping times.

You can track your order here.

Quoting Policy

Quotes are valid for 30 days, unless otherwise noted. Expired quotes must be re-priced with the vendor to account for potential price and lead-time changes. Contact quotes@lightology.com for custom quotes from our sales team.

Sales Tax

Lightology collects sales tax in the following states: Arizona, California, Colorado, Connecticut, District Of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Maine, Maryland, Michigan, Minnesota, North Carolina, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Utah, Washington, Wisconsin. Sales tax collection can be waived if a current and proper sales tax exemption certificate is provided. Please contact your Lightology sales rep or email tax @ lightology.com to set this up.

Sales Tax on Trade Orders

Lightology charges sales tax on orders shipping to the states above. Sales tax can be waived with a valid resale certificate in the Ship To state. Please contact your Lightology sales rep or email tax @ lightology.com to set this up.

Trade Pricing

We do offer trade privileges for trade professionals who are members of the design industry such as lighting designers, architects, interior designers, hospitality and real estate groups, electricians, developers, contractors and distributors. To apply for trade privileges, fill out this online form.

Privacy Policy

Last Updated: September 14, 2021

Thank you for visiting www.lightology.com (the “Site”), which is operated by Lightology. This Privacy Policy (this “Policy”) describes what personal information we and our affiliates (collectively, “Lightology”) collect about you, how we collect it, how we use it and share it, and what choices you have regarding it. This Privacy Policy applies to information we collect about you in our stores, through the Site, and anywhere else we interact with you.

Your Consent to this Policy. By using the Site or visiting our stores, you expressly consent to the collection, use and sharing of your personal information as described in this Policy.

Personal Information We Collect. We collect the following categories and types of personal information:

  • Contact Information: your first and last name, company name, postal address, email address, and phone number;
  • Other identifying information: IP address, passwords and other security information for authentication and access, social media usernames, and cookie identifiers;
  • Financial Information: credit card, debit card and bank account information when purchasing products from us;
  • Demographic information: gender and age;
  • Internet or other electronic activity: your browsing and click history, including information about how you navigate within the Site;
  • Commercial information: products purchased or viewed on the Site;
  • Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude; and
  • Chat Logs: chat interactions with our service team when using our chat function.

Why We Collect Personal Information. We may use or may have used the personal information we have about you in the following ways:

  • Transactional Purposes: We use your contact information, financial information, and commercial information to:
    1. Receive, process, confirm, send and track your order;
    2. Communicate with you about your order;
  • Analytical Purposes: We use your other identifying information, internet activity and browsing history, commercial information, and demographic information to analyze preferences, trends and statistics.
  • Marketing and Promotional Purposes: We use your contact information, commercial information, demographic information, internet or other electronic activity, and inferences to:
    1. Inform you of our new products, services and offers;
    2. Provide you with and measure and optimize targeted advertising;
    3. Provide you with other information from and about Lightology, including personalized marketing communications.
  • Maintenance and Improvement of Services and Website: We use your contact information, commercial information, and internet activity and browsing history to:
    1. Provide and maintain functionality on the Site;
    2. Handle your customer services requests; and
    3. Help us diagnose technical and service problems and administer our site.
  • Review and Content Creation Purposes: We use your contact information and commercial information to display content on social media and other advertising.
  • Security and Fraud Prevention: We use your contact information, other identifying information, commercial information, financial information, geolocation data, internet activity and browsing history, audio and visual information and inferences to protect the Site, our company, and others and to prevent fraud, theft and misconduct.

How We Collect Personal Information. We may collect or may have collected personal information about you from various sources.

  • We collect information directly from you: We collect contact and demographic information directly from you. We also collect payment information from you.
  • From your friends or family members: We may collect contact information from your friends or family member when they tag you on a post to one of our social media pages.
  • Chat Logs: chat interactions with our service team when using our chat function.
  • From our business partners and service providers: We may collect contact information, demographic information, commercial information, and internet and electronic activity from demographic companies, analytics providers, advertising companies and networks, third-party retailers, and other third parties that we choose to collaborate or work with.
  • From social media platforms: We may obtain your contact information and other identifying information from a social media platform or network, such as Facebook, Twitter, Pinterest, and Instagram, if you interact with us on social media.
  • From our affiliates: We may obtain your contact information and other identifying information from affiliates that you have interacted with.
  • We collect information from you passively. We collect Internet or other electronic activity passively using tools like browser cookies. This activity is further described in our Cookie Policy.

Combining Information. We may combine information you give us online or in our stores. We may also combine that information with publicly available information and information we receive from or cross-reference with our business partners and service providers. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you directly about our products and events that may be of interest to you, and for other promotional and commercial purposes.

With Whom We Share Your Personal Information. In general, we do not share personal information about you with third parties for such third-parties’ own marketing or advertising purposes. We do share personal information with third parties for other purposes. For example, we share personal information with:

  • Our Service Providers: We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
  • Our Affiliates: We may share personal information with businesses controlling, controlled by, or under common control with Lightology.
  • Corporate Transactions: We may share personal information with parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party.
  • Law Enforcement and Courts: In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Lightology or to others. We may also disclose your contact information when we believe the law or legal process requires it.

Cookies. For more information on the cookies and other technologies on the Site, please review our Cookie Policy.

Opting Out of Mailings. The Site provides you with several opportunities to agree to receive communications from Lightology, and any of our affiliated brands or divisions. If at any time you wish to stop receiving communications from us please send us an email to privacy@lightology.com with the phrase “Privacy Opt-out: Lightology Mailings” in the subject line, or write to us at the address provided below, and we will remove you from our mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of our promotional e-mail messages.






California Privacy Rights. Under the California Consumer Privacy Act (“CCPA”), California residents have certain rights regarding the personal information that businesses have about them. This includes the right to notice, access and/or deletion of your personal information, as well as the right to direct a business to stop selling your personal information.

  • Right to Notice. You have the right to be properly notified of the following:
    1. Personal Information We Collect: Please review the section of this Privacy Policy titled Personal Information We Collect for more information about the personal information we collected about you in the past 12 months.
    2. Why We Collect Personal Information: Please review the section of this Privacy Policy titled Why We Collect Personal Information for more information on why we collect personal information about you in the past 12 months.
    3. How We Collect Personal Information: Please review the section of this Privacy Policy titled How We Collect Personal Information for more information on how we collect personal information about you in the past 12 months.
    4. With Whom We Share Your Personal Information: Please review the section of this Privacy Policy titled With Whom We Share Your Personal Information for more information on how we share personal information about you in the past 12 months.
  • Right to Access Your Information: You have the right to request the following covering the 12 months immediately preceding your request:
    1. The specific pieces of personal information we have collected about you
    2. The categories of personal information that we have collected about you
    3. The categories of sources from which we collected the personal information
    4. The purpose for collecting or selling the personal information
    5. The categories of personal information that we have disclosed about you, the purpose for disclosing such personal information and the categories of third parties with whom we disclosed such personal information
    6. The categories of personal information that we have sold about you, as well as the categories of third parties to whom we sold such personal information

Please note that we may still use aggregated and de-identified personal information that does not identify you or any individual.

  • Right to Deletion: You have the right to request that we delete any personal information about you that we have collected from you. Please note that there are exceptions where we do not have to fulfil a request to delete information, such as when the deletion of information would create problems with the completion of a transaction or compliance with a legal obligation.

How to Exercise Your Access and Delete Rights: To exercise your access and delete rights as described above, please submit a verifiable consumer request to us by calling us at (866) 954-4489 or by emailing us at privacy@lightology.com.

Verifiable Consumer Requests: Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access to your personal information twice within a 12-month period. The verifiable consumer request must: 1) Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of that person; and 2) Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it. We cannot respond to your request to exercise your access and/or deletion rights if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format: We attempt to respond to a verifiable consumer request within 45 days after we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing within 45 days after we receive your initial request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding the date we receive the verifiable consumer request. The response we provide will also provide the reasons we cannot comply with a request, if applicable. For access requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

  • Right to Opt-Out of Sale: While we do not sell personal information in exchange for any monetary consideration, we do share personal information for other benefits that could be deemed a “sale,” as defined by the CCPA (Cal. Civ. Code 1798.140(t)(1)). We support the CCPA and wish to provide you with control over how your personal information is collected and shared. If you would like to exercise your right to request opt-out of sale, please submit a request to privacy@lightology.com
  • Right to Non-Discrimination: We will not discriminate against you (e.g., through denying goods or services, or providing a different level or quality of goods or services) for exercising any of the California rights afforded to you.

Financial Incentives. We may offer financial incentives, such as providing you discounts to sign up for our mailing list. You may withdraw from these financial incentives at any time by calling us at (866) 954-4489 or by emailing us at privacy@lightology.com. The value of your personal information is the value of the offer presented to you. We have calculated the value of the incentive by using the expense related to the offer.

Complaints. In compliance with the CCPA, we commit to resolve complaints about your privacy and our collection or use of your personal information. We ask that you kindly call us at (866) 954-4489 or email us at privacy@lightology.com, so that we have an opportunity to resolve your complaint.

Do Not Track. Some internet browsers – like Internet Explorer, Firefox, and Safari – include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform signals have not been adopted, we do not current process or respond to “Do Not Track” or “DNT” signals.

California’s Shine the Light law. California residents with an established business relationship with us can request information once a year about sharing their personal information with third parties for the third parties’ direct marketing purposes. If you are a California resident and would like to request more information under the California Shine the Light law, you can email us at privacy@lightology.com.






International Customer Privacy. If you choose to provide Lightology with your information, you consent to the transfer and storage of that information on our servers located in the United States.

Security. We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of personal information transmitted to us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, to the extent permitted by law, we do not guarantee or warrant the security of any personal information you transmit to or from the Site, and you do so at your own risk.

Protecting Children. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and you are aware that any of your children has provided us with personal information without your consent, please contact us and we will take steps to remove that information from our servers.

Links to Third Party Web Sites. The Site may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked websites may be different from this Policy. You access such linked websites at your own risk. You should always read the privacy policy of a linked website before disclosing any of your information on such website.

Updates to this Policy. This Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. You should review this Policy periodically so that you keep up to date on our most current policies and practices. We will post a prominent notice on the Site to notify you of any significant changes to our privacy practices and indicate at the top of the Policy when it was last updated.

Who Can You Contact for More Information? If you have any questions or suggestions about the Site, Lightology, or this Policy, please contact us at privacy@lightology.com.




Terms & Conditions

Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.

AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LIGHTOLOGY, LLC
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. Overview

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Lightology.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Lightology.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Lightology.com, and "you," "your," and "yours" refer to the affiliate.

2. Affiliate Obligations

2.1. To begin the enrollment process, you will complete and submit the online application at the ShareASale.com server. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

2.1.1. Promotes sexually explicit materials

2.1.2. Promotes violence

2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

2.1.4. Promotes illegal activities

2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

2.1.6. Includes "Merchant" or variations or misspellings thereof in its domain name

2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.

2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Lightology.com or any other affiliated business.

2.2. As a member of Lightology.com's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Lightology.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

2.3. Lightology.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

3. Lightology.com Rights and Obligations

3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Lightology.com Affiliate Program.

3.2. Lightology.com reserves the right to terminate this Agreement and your participation in the Lightology.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Lightology.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Lightology.com shall not be liable to you for any commissions for such fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

4. Termination

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

5. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Lightology.com's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Lightology.com's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

6. Payment

Lightology.com uses a third party to handle all of the tracking and payment. The third party is the ShareASale.com affiliate network. Kindly review the network’s payment terms and conditions.

7. Access to Affiliate Account Interface

You will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.

8. Promotion Restrictions

8.1. You are free to promote your own web sites, but naturally any promotion that mentions Lightology.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Lightology.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Lightology.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. At all times, you must clearly represent yourself and your web sites as independent from Lightology.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Lightology.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Lightology.com, Lightology, www.lightology, www.lightology.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Merchant’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Merchant’s service).

8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any Lightology.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN/Bing, Yahoo, and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Lightology.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

9. Grant of Licenses

9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Lightology.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Lightology.com and the good will associated therewith will inure to the sole benefit of Lightology.com.

9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

10. Disclaimer

LIGHTOLOGY.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING LIGHTOLOGY.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF LIGHTOLOGY.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

11. Representations and Warranties

You represent and warrant that:

11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

12. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL LIGHTOLOGY.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

13. Indemnification

You hereby agree to indemnify and hold harmless Lightology.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

14. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

15. Miscellaneous

15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Lightology.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois without regard to the conflicts of laws and principles thereof.

15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.