|
Your
completion and submission of your online or offline enrollment
indicates your agreement to the following Terms and Conditions
as condition of being an affiliate, reseller, member, Free member
of our Submitter.
WE
MAKE NO GUARANTEE OF INCOME
As
an Affiliate/Reseller you agree and verify that we doesn't make any guaranteed or implied any income,
whatsoever. Such income as may be received by you as an Affiliate/Reseller
will be solely based upon the sale of Memberships and services
as described in the main website .
You
also do hereby agree that you will make no claims of income,
or guarantee of income, either directly or indirectly, but will
allow our submitter description of the "resellers
program" to suffice in all descriptions and explanations
of potential income to prospective Affiliates/Resellers.
Affiliate/Reseller
as INDEPENDENT CONTRACTOR
You
agree that you are operating as an independent contractor and
are not subject to withholding, nor entitled to any other benefits,
entitlements, or accomodations other than those legally provided
for in the "resellers program".
All
liabilities for taxes, record keeping, reporting of state, national,
or local taxes and/or licenses will be the sole responsibility
of you, the Affiliate/Reseller.
NO Reseller may sign up
twice. If a Reseller creates more
than 1 account than all of the accounts will get deleted and all the
earnings will be forfeited.
NO
SPAMMING POLICY
Due
to the nature of the Internet and Email Marketing we must strictly
enforce that there is to be NO SPAMMING. Spamming is defined
as sending any unsolicited commercial email. This includes, but
is not limited to, misuse of leads from the site.
Anyone
found to be spamming will have their account immediately terminated,
without refund, and without recourse.
NO
ADULT, ILLEGAL CONTENT ACCEPTED
All
services provided by us may be used for lawful
purposes only. Transmission or storage of any information, data
or material in violation of any United States Federal, State
or City law is prohibited. This includes, but is not limited
to any: copyrighted material, material legally judged to be threatening
or obscene, or material protected by trade secret and other statue.
The subscriber agrees to indemnify and hold harmless to our submitter from any claims resulting from the use of the service
which damages the subscriber or any other parties.
Pornography
and sex-related merchandising are strictly prohibited on any
of our server. Be it known that we
will be the sole arbiter as to what constitutes a violation of
this provision and will have the legal right to assess a $150.00
per hour charge (with a one hour minimum) for the location and
removal of such material or information. Such charges will be
applied to the Affiliate payment information account on file
possibly affecting commissions and member status.
ACCOUNT
CANCELLATIONS
Any
member of our submitter may cancel his or her account,
at any time, by emailing us .
Alternately, any member may issue their cancellation request,
in writing, to the address below.
We will have no less than 10 days to fulfill such request
and such request shall be deemed to be received and fulfilled
upon receipt of confirmation email from our staff.
Upon
termination of a member's account, whether by Affiliate/Reseller
or by us , all downline information, payment information,
etc... will be removed from the system. Any pending commissions
will be retained by us.
In
the event that a cancellation request is received and/or fulfilled
after the monthly debit has been initiated, We
will not be able to issue a refund. Cancellation requests should
be sent in well in advance of the next scheduled debit date.
How
We Will Bill the Account
We shall initiate monthly debits to the Affiliate/Resellers
account on a monthly basis. Affiliate/Reseller is responsible
for providing and maintaining up-to-date payment information.
We will not be held liable should the Affiliates/Resellers
payment information become outdated or invalid for any reason.
Accounts
are in default if the payment information on file becomes outdated
or invalid. Accounts are in default if a bank draft is returned
by the bank as unredeemable for any reason. Affiliates/Resellers
will be responsible for the initial amount of the returned draft
in addition to a $25 re-processing fee. If the Affiliate/Reseller
defaults on this obligation, Affiliate/Reseller agrees to pay
us any reasonable expenses, including attorney
and collection fees, incurred in enforcing its rights under this
Agreement.
All
files, information, and settings on Affiliate/Reseller account
will be held for a period of 15 days from the date the account
goes into default. If new and valid payment information is not
received within 15 days, the account will be terminated and all
files, information, and settings will be deleted. If the Affiliate/Reseller
wishes to use the services again, they will be required to re-enroll
as a new member.
We
currently bill through Paypal. We reserve the right to change,
alter, or discontinue our payment system at any time without
notice. We reserve the right to change our fees, and commission
structure at any time without notice.
How
COMMISSIONS Are Paid
Commissions
are calculated at midnight on the last day of the month and mailed
by the 20th of the following month following the sales activity.
Commissions are issued in US Dollars and will be assessed a $1.00
processing fee for payments sent via Paypal and Stormpay and $2.00 if by check.
There
is a minimum set at $25.00 before commissions are paid.
If
the Affiliate's accrued commission does not meet the minimum
amount of $25.00, the Affiliate will continue to accrue commissions
until the minimum is met.
At
that point, on the next commission pay date, payment via Paypal
or a check for all commissions and bonuses will be paid to the
Affiliate.
In
the event that an Affiliate's membership is terminated by either
the company or the Affiliate, Affiliate will forfeit any claim
to previously accrued commissions.
Lost
or destroyed checks will be replaced by us if
written notice is received by us within 90 days of the check
being issued. Replacement checks will be issued only after such
time has passed to verify that the check has not been presented
to our bank(s) and will be assessed a $35 stop payment fee as
well as a $10 check re-issue fee.
If
an Affiliates/Reseller's account is inactive for any reason when
commissions are calculated, any claim to commissions for that
month are forfeited.
NOTIFICATIONS
and COMMUNICATIONS (Notices)
Affiliates/Reseller
agrees to accept all communication from us in
the form of email communication, at the email address listed
in Affiliate/Reseller's member profile. Such communication shall
include, but not be limited to billing statements, commission
reports, collections, record keeping, etc...
NO
WARRANTY STATEMENT
We makes no warranties of any kind, whether expressed
or implied, for the service it is providing. We
also disclaims any warranty of merchantability or fitness for
a particular purpose. We will not be responsible
for any damage suffered. This includes loss of data resulting
from delays, nondeliveries, misdeliveries, or service interruptions
caused by us negligence or the subscriber's
errors or omissions. Use of any information obtained via us is at your own risk. We specifically
denies any responsibility for the accuracy or quality of information
obtained through its services.
LIMITS
of LIABILITY
ANY
LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION
OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED
TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY
FOR THE CURRENT MONTH.
Should
any provision of this agreement be held to be illegal, invalid,
or unenforceable by a court law, the legality, validity and enforceability
of the remaining provisions of this agreement shall remain unaffected
thereby unless otherwise stated.
This
agreement shall be governed by the laws of the Province of Saskatchewan
and Canada.
These
Terms and Conditions, last modified on November 26th, 2003, supersede
all previous representations, understandings or agreements and
shall prevail notwithstanding any variance with terms and conditions
of any order submitted. Use of our submitter
& Marketing member services constitutes acceptance of these
Terms and Conditions.
Completion
and submission of your online or offline enrollment indicates
your agreement to the above Terms and Conditions.
|