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California Special Purchase Agrement
CALIFORNIA RESIDENTS ONLY -- NOTE: You are entering into a contract that may modify, restrict, or eliminate rights you may have under the California Online Privacy Protection Act of 2003 (OPPA). Under the Privacy Policy and this Purchase Agreement you waive any right to view or modify the content of our database. (You waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. In the event the website elects at its sole discretion to release information to you, you must clearly identify yourself to the website as the named customer who has previously purchased from the website. We are doing this protect information being inadvertently provided to fake customers who may have intentions to harm the real customer. The required identifying information may include credit card info, social security numbers, notarized copies of state issued id, or other id sufficient to allow our counsel to feel comfortable about releasing information – in the event we elect to divulge it at all. Additionally, this purchase agreement, as part of the consideration required to purchase from this website, requires that you agree to use the American Arbitration Association exclusively in any claim arising from the Terms of Use, Privacy Policy, or Purchase Agreement, and not the courts of the state of California. The customer also agrees, as part of the required consideration, that any cause of action naming Net Profits On Demand, Inc. is presumed to have arisen in the Las Vegas, Clark County, Nevada and not in the California jurisdiction where the customer resides. All claims will be adjudicated by the American Arbitration Association.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE PUBLISHERS, NET PROFITS ON DEMAND, INC. (NPOD), AND SELLERS, JEM DIRECT, INC, (JEM), AND YOU, IN TURN, GIVE THE PUBLISHER AND SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE PUBLISHER AND SELLER.
THESE PRODUCTS ARE PROMOTED THROUGH A NETWORK OF INDEPENDENT REFERRING AFFILIATES THAT ARE NOT AGENTS IN ANY WAY OF THE SELLER OR PUBLISHER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are Net Profits On Demand, Inc. (NPOD), hereafter “PUBLISHER,” and JEM Direct, Inc. (JEM), hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER". Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AND AFFILIATE NETWORK AGREEMENT
The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on this website and/or in an email referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase and Affiliate Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed 'product' throughout this agreement but the word 'product' shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.
The Buyer as a part of his/her/its product purchase also wishes to apply for participation in the IFL Affiliate Network -- a non-exclusive affiliate network authorized to refer qualified prospects interested in purchasing the Income For Life line of products in return for receiving referral fees from any resulting product sales; However, the Buyer/Affiliate Network Member Applicant understands that neither he, she, nor any student of the NPOD Income For Life Home Study Courses has any obligation to participate in the IFL Affiliate Network, that it is merely one of many possible “Income Today” options explored in depth in the NPOD Income For Life Home Study Course and that a Buyer/Student of any of the NPOD Income For Life line of products can successfully complete the entire training without becoming an active member of the affiliate network.
REFUND POLICY
The product, service or membership referenced herein is sold with a 90 day 'no questions asked' 100% money back guarantee. If the product is other than an e-product or digital product, the product must be returned during the refund period to the shipping address provided with the product. The burden is on the Buyer to prove that the product was in fact returned to that address. Cancellation of a membership or request for refund of a digital product delivered over the internet must be noticed to the contact address in this Purchase Agreement. The Buyer understands that all rights to view the product and all license or resale rights terminate when the product is returned for a refund. (Selling of a product in which you have no ownership interest or resale license rights is a crime as well as breach of this agreement.) Giving the Buyer a refund during the refund period is the full and complete liability that the Seller of this product, service or membership has to the Buyer. Buyer agrees that the length of the refund period is reasonable and further agrees to examine, read, and try the product, service or membership during the 90 day refund period as a material consideration required by the Seller as part of the purchase price. Buyer further warrants that he or she will make a determination during the 90 day refund period if the product is as described and to decide whether the Buyer wishes to keep the product. If the Buyer does not contact the Seller during the refund period, Buyer agrees that the Seller may construe silence as a full, complete and final acceptance of the product, service or membership with no further right of redress or refund for any reason due the Buyer.
FURTHER DESCRIPTION OF THE PRODUCT, SERVICE OR MEMBERSHIP
Buyer warrants an understanding that the product, service or membership may actually be comprised of different elements. For example, a digital or so-called e-book may also come in CD or printed format, and that the digital product may also be part of a service or a membership. Additionally, the product, service or membership may come with the right to sub-license or re-sell the product. However, unless specified in the sales and promotional materials and unless all conditions are met, the Buyer has no license, permission or right to duplicated or sell this product in any form or to sell it or distribute it whether for profit or not to any person for any reason.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase and Affiliate Agreement, the Buyer agrees to receive continuing follow-up contact from the Publisher/Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Publisher/Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Buyer agrees to post-sale contact from joint venture partners of the Publisher/Seller or from others who have a commercial relationship with the Publisher/Seller. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared, rented or sold to third parties. However, Buyer shall at all times be fully empowered to sever contact with the Publisher/Seller by notification using the 'unsubscribe' link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Publisher/Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Publisher/Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party including the Publisher/Seller.
The Buyer agrees to allow the Publisher/Seller to store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
The Buyer understands that cookies will be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an e-product and which will be able to determine if you retain the right to access the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Publisher/Seller's computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received. If it should happen that the Publisher/Seller's courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Publisher/Seller to bill the Buyer's credit card for said charges or for the return of goods if they are refused at the point of destination.
SHIPPING AND PROCESSING CHARGES
Shipping and Processing may or may not reflect the actual shipping costs for each delivery. The "Shipping and Processing" charge is designed to compensate Publisher/Seller for the actual shipping cost, for the services we provide to enable our customers to enjoy the convenience of home shopping and delivery of our products, as well as for overhead costs associated with providing those services. Some of the overhead costs include, but are not limited to, the cost of lost shipments, stolen shipments, fraudulent orders, customer service, supervisory management, long distance charges, correspondence costs, legal costs, collection costs, accounting costs, database management costs, merchant processing costs, chargeback fees, fraudulent chargebacks, fraudulent refund claims, incomplete returns, re-packaging costs, inventory control costs, warehousing costs, fulfillment costs, and other claims settlements. International shipments have additional costs. Any VAT due shall be paid by the consignee (customer).
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Publisher/Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Publisher/Seller all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Publisher/Seller involving the use of a credit card herewith gives authorization for the Publisher/Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Publisher/Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The Publisher/Seller warrants and guarantees absolutely nothing. There is no 'warranty period.' There is a 90 day refund period. Period.
However, in the event that the Buyer claims that the product is defective, the sole remedy to the Buyer is to accept a replacement product or return said defective product for a refund. The period for the Buyer to determine if the product is defective and request a replacement or refund is 90 days from the date of the order. During this 90 day period, the Buyer may request and will receive a refund for any reason. During this 90 day period, Buyer may request a replacement product in lieu of a refund but Seller is under no obligation, for any reason, to do anything more than refund the purchase price.
If the sales or promotional material conflict with this "as is" warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period.
If the Buyer is purchasing a membership from this site, the terms of membership as specified in the solicitation materials are controlling.
If the Buyer is purchasing, through this site, a product, including membership, that is to be provided by a third party, the Buyer must look to the third party for additional warranties or guarantees, if any, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, short, and in no event, for any reason, shall be more than an amount equal to the purchase price.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer's person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that the Publisher/Seller is disclaiming all liability from harm of any kind or nature caused directly or indirect from this product. Buyer agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Publisher/Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that Publisher/Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Publisher/Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Publisher/Seller's liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Publisher/Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this product, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer's interaction with Third Party soliciting agents who were provided 'leads' by the Publisher/Seller. Publisher/Seller disclaims liability for Buyer's interactions with advertisers on the site. Publisher/Seller disclaims liability for Buyer's interaction with other visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Publisher/Seller's total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Publisher/Seller's total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Publisher/Seller's total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of liability.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims about income or earnings resulting from the use of this product are made, such claims are true for the persons who made the claims, including claims made by the Publisher/Seller about its own experience with the product.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results, including just dumb luck. Some people buy this product to make money and, in fact, make no money. Some people buy this product and never read it or attempt to implement any of the moneymaking ideas. Some folks seemingly take to it like a duck to water and can't stop making money. Nothing promoted on this website should be construed as a 'Get rich quick' scheme. Any income and earnings statements tend to reflect the more successful cases and Buyer should not construe this as being the 'average' or usual success story. As is true in much of life, real success usually requires real work. Learning about products and product marketing is not terrible work and it can produce very livable income if Buyer is willing to learn his or her craft and work at it steadily. Even part-time efforts may bring in some extra money each month. But it requires learning skills that Buyer may not have a background to easily learn and will certainly require constant education and, perhaps, even psychological motivation to keep Buyer directed toward his or her goals.
If the product Buyer is purchasing is a physical product promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price during the 90 day refund period (subject to the return of the product to the Publisher/Seller) is the full remedy for any Buyer who feels the product did not deliver the results claimed.
If the product Buyer is purchasing is a membership or a product ‘plan’ that claims to produce specific benefits or results or that otherwise involves a recurring fee, the Buyer has a right to terminate the membership or ‘plan’ upon notice to the Publisher/Seller or to the provider of the service if that is not the Publisher/Seller. In this case, the promotional materials describing the membership and the ‘plan’ and the remedy for dissatisfaction shall be controlling. If the promotional materials say that part of a fee is not refundable, then it is not.
Where this disclaimer and claims made in sales and promotional materials or the product are in conflict, this Purchase Agreement shall be controlling except, and unless, the Publisher/Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Publisher/Seller and does not prevail in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any, that Buyer will earn from this material or product or service and Buyer warrants an understanding that Buyer's only course of action is to test this product and material for the extent of the refund period and request a refund if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, whether or not claims made by the Publisher/Seller are adjudicated to be misleading or overly broad, as a material part of the consideration for purchase of this product, Buyer agrees that the maximum extent of liability shall be no more than the purchase price of the product.
IFL AFFILIATE NETWORK APPLICATION AND MEMBERSHIP
-1. The IFL Affiliate Network, hereafter “AN” is managed and governed by NPOD, the Publisher and the Buyer shall be pre-approved and enrolled for membership Membership in the AN upon the affirmative agreement to the terms and conditions herein and the successful purchase of one of the product options. However no prospective buyer of the NPOD Income For Life products should purchase them just to become an AN Member as they have no right to become an AN Member simply by buying of the product options. No part of a Buyer’s purchase price guarantees them acceptance into the AN as a member.
. AN Member Applicant understands that AN Membership is never sold, that he or she has paid nothing for the AN membership and that the pre-approval/pre-enrollement status offered by the Publisher is a matter of courtesy but not as a matter of right or obligation. The Publisher may terminate or modify the pre-approval/ pre-enrollment process at any time, without notice.
. The Term of the AN Membership: The term of this membership will begin upon the Publisher’s acceptance of prospective AN Member’s Application and will end when terminated by either party. The Buyer/Applicant understands that there is no guarantee than every Applicant will be approved and that the Publisher reserves the right, at its sole discretion, to reject an applicant or member if, in its sole opinion, the applicant or member is not suitable to for Affiliate Network Membership (this might happen if the Publisher determines that an Applicant or member is not a serious student, committed to the entire Income For Life Business Development Process and is only interested in a fast buck as an AN Member). Either you, the Buyer/AN Member, or we, the company, may terminate this AN Membership Agreement at any time, with or without cause, by giving the other party written notice of termination. The Buyer/AN Member is only eligible to earn referral fees on approved sales that have occurred during the term of this approved and valid membership.
. Cause for AN Membership termination include, but are not limited to:
. Use of unsolicited email/spam to promote the company’s products, services or programs
. Inappropriate advertisements (False claims, misleading hyperlinks)
. Advertising on sites containing/promoting illegal activities
. Violation of intellectual property rights.
. If the affiliate uses spam to promote the service he/she will be notified that their account is under review and they will have the opportunity to provide evidence that they are in fact using legitimate opt-in email.
. Tracking: Visitors are tracked using affiliate tracking software hosted on the Publisher’s servers. This software utilizes cookies and appended URLs and shall only track the visitors to the orderform within the publisher’s system as well any resulting product sales and returns. Since the AN Member will be promoting the offers on their own individually owned and operated website, no visitor information to their promotional website will be tracked by the Publisher’s system. The Publisher will be solely responsible for tracking sales made to customers who follow unique tracking links to the Publisher’s secured processing order form. The Buyer/AN Member will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to the Buyer/AN Member in realtime through their AN Membership account at the special http://www.trackthemoney.com website (AN Member shall be assigned and dispatched a unique username and password for account access upon successful purchase of aforementioned products).
. When a person clicks through an affiliate link, a cookie is set in their browser that contains the AN Member’s user ID. Also, their IP address is tracked in the Publisher’s database along with the affiliate ID. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate the AN Member who will be awarded credit for the commission. Visitors sent through a AN Member’s affiliate link may make a purchase later in time and the commission will still be credited to the AN Member if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database.
. Reporting: AN Members will be able to access sales through their real time stats tracking available at http://www.trackthemoney.com. Access details will be supplied upon acceptance of your application. Statistics are available subject to server performance in real time providing clickthru's, sales, and returns so the AN Member can calculate their conversion rates accordingly. Historical data of past performance is searchable by date range also.
. International Affiliates: International affiliates are welcome to join the program. All payments made will be in US dollars on a monthly basis. International affiliates who would prefer a higher minimum check payment to reduce their bank costs are welcome to discuss reviewed limits by contacting http://iflsupportdesk.com
. Predatory Advertising: All affiliates agree not to use predatory advertising methods designed to generate traffic from sites they have not contracted with for the online promotion of Publisher’s products, services and AN.
. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's expressed, written permission.
. Examples include, but are not limited to, keyword parsing browser plugins such as TopText and Surf+, banner replacement technology such as Gator, and browser spawning technology that is not web site dependent.
. Participation in predatory advertising programs will be cause for immediate AN Member termination.
. Commission Payments: Publisher pays a 35% commission per qualified sale. Commissions are not paid on purchases made by an affiliate tracked through their own link. If this occurs commission will be reversed. The individual affiliate shall be held responsible for any and all of their own tax liabilities in relation to their commission earned from the Publisher.
. The minimum payment level is one hundred dollars ($100.00) for US and Canadian affiliates, and two hundred dollars ($200.00) for all other international affiliates. Accounts owing under this amount will be carried forward to the next sales period until commissions have accumulated to the threshold.
. Returns and Cancellations: If an affiliate commission has already been paid to the AN Member and the product the is later returned by the customer, its commission/referral fee will be deducted from the next monthly payment sent to the AN Member. If there is no next monthly payment, the AN Member will be billed.
. Order Processing: The company will be solely responsible for processing every order placed by a customer following the AN Member’s unique tracking link. Order entry will use the company’s secure online ordering process or company mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of the company.
. All of the rules, operating procedures and policies of the Publisher/Seller regarding customer orders and accounts will apply to orders received through special AN tracking links. The Publisher/Seller reserves the right to reject any order that does not comply with its rules, operating procedures and policies.
. Promotional Techniques: The AN Member is free to promote their special tracking link to NPOD in all the ways the Publisher recommends. Examples of acceptable ways to promote the program are: through banners, text links, letters of recommendation to newsletters subscribers or internal client bases. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the course on any WAREZ, CRACK, or SPAM oriented site, violating the AN Membership and AN Member’s account will be immediately terminated and any referral fees not paid up to the point of termination will become property of the Publisher.
. References/Testimonials: AN Member agrees to cooperate with the company in the development of joint press releases and testimonials. AN Member further agrees to allow Publisher to use AN Member’s name and company name in marketing collaterals and make reference to AN Member on Publisher’s website as outlined in the terms of use and privacy policies.
. Copyrighted material: The AN Member shall be solely responsible for ensuring that its reviews, course descriptions and articles (if applicable at their site) obey all applicable copyright and other laws. The AN Member must have express permission to use another party's copyrighted material. The Publisher will not be responsible if the Affiliate uses another party's copyrighted material in violation of the law.
. The Publisher/Seller’s policies applies to all orders: Every customer who buys a product through this AN is deemed to be a customer of the Publisher/Seller. The AN Member does not have the authority to make or accept any offer on behalf of the Publisher. All the Publisher’s policies regarding purchase, privacy, terms of use, customer orders, product availability, product substitution, pricing and problem resolution, will apply to any and all customers of the Publisher. The Publisher shall not be responsible for any representations made by any AN Member which contradicts its policies.
. AN Member Applicant understands that the entire Affiliate Network shall be limited to only 100,000 active members simultaneously. If those memberships are filled, there will be no additional memberships authorized for the Network unless voted on and unanimously passed resolution by the Publisher’s board of directors.
. Product prices and availability: The price charged for every product sold under this AN program will be determined by the Publisher according to its own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on current version of the Publisher’s secured order form linked from the AN Member’s unique tracking link.
. Product availability can change, and the Publisher will present the best information available to all sponsoring sites and its AN Members regarding product availability.
. Website service interruption: The Publisher will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The AN Member agrees not to hold the Publisher liable for any of the consequences of such interruptions.
. Trademarks, Trade Names, & Patents: The AN Member does hereby recognize the Publisher’s exclusive license of all Trademarks, Trade Names, and Patents associated with any and all programs, products, and services. The AN Member shall act consistently with these rights and act to preserve them in the course of marketing and sales of these services. The Publisher shall allow you the right to use said Trademarks and Trade Names in connection with marketing and sales of these services.
. AN Members are independent contractors. Nothing in this Agreement implies or may be construed to imply joint venture or employer/employee relationship. Beyond the terms and conditions of this Agreement, neither party shall be required to perform any obligation or assume any liability for the other.
. The agreement may be modified: The publisher reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on its website.
. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
. Any changes or modifications made will be in 'good faith', the agreement will not be altered to purposely avoid paying AN Members due commissions.
. IF ANY MODIFICATION IS UNACCEPTABLE TO THE AN MEMBER HIS/HER ONLY RECOURSE IS TO TERMINATE THEIR AN MEMBERSHIP. THE AN MEMBER’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING A POSTED CHANGE TO OR NEW AGREEMENT ON ITS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF ANY AND ALL CHANGES.
. Limitation of Liability: The Publisher will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the AN Membership Program, even if the Publisher has been advised of the possibility of such damages. Further, the Publisher’s aggregate liability arising with respect to this Agreement and the AN Program will not exceed the total referral fees paid or payable to the AN Member under to this Agreement.
. DISPUTES: As part of the consideration that the Publisher requires of the AN Member to participate, view, use, or interact with this site and AN Program, the AN Member agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
. In no case shall the AN Member have the right to go to court or have a jury trial. AN Member will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will final and binding with limited rights of appeal.
. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
. JURISDICTION AND VENUE: If any matter concerning this Purchase and Affiliate Agreement shall be brought before a court of law, pre- or post-arbitration, AN Member agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the company. 3838 Raymert Drive, Suite 132, Las Vegas, NV 89121. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the company’s address.
. APPLICABLE LAW: AN Member agrees that the applicable law to be applied shall, in all cases, be that of the state of Nevada.
. INDEPENDENT INVESTIGATION: AN MEMBER ACKNOWLEDGE THAT HE/SHE HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. AN MEMBER UNDERSTANDS THAT PUBLISHER MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH AN MEMBER’S WEB SITE. AN MEMBER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
PRIVACY POLICY ACCEPTED Privacy Policy
Buyer expressly accepts the terms of the Privacy Policy of Publisher/Seller's website.
TERMS OF USE ACCEPTED Terms of Use
Buyer expressly accepts the Terms of Use of the Publisher/Seller's website.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Publisher/Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Publisher/Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify Publisher/Seller for any and all damage that Buyer causes by using the product or information contained on this website that results in a damage award against the Publisher/Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Publisher/Seller has the right to discontinue the product, the service, the membership at any time, subject only to the 90 day return policy, without notice.
Buyer understands that the Publisher/Seller may discontinue customer service on a product or service at any time without notice.
ARBITRATION
As part of the consideration that the Publisher/Seller requires, Buyer agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the Las Vegas, Nevada or the closest court thereto. However, in the event that the location of the Publisher/Seller changes and is so noticed on an updated Purchase Agreement, Buyer agrees that hearings or court appearances shall take place in the new location of the Seller.
APPLICABLE LAW
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of (insert state here).
NOTICE
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Publisher/Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted 'unsubscribed' notices and specifically agrees that any notification to cease contact shall not be binding upon the Publisher/Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Publisher/Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Publisher/Seller.
COSTS
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
MODIFICATION
This Purchase and Affiliate Agreement cannot be modified in any manner between the Publisher/Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Publisher/Seller may modify this Purchase and Affiliate Agreement at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase and Affiliate Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Publisher/Seller all agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Publisher/Seller's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
PUBLISHER/SELLER CONTACT INFORMATION
The Publisher/Seller of this product is:
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "I Accept" button, or checking an Acceptance box, and the purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase and Affiliate Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase and Affiliate Agreement contract.
These forms are copyrighted. © 2003 - 2010 Rione X IP Group LLC and is fully licensed for use by this website. If you wish to lawfully use this Purchase Agreement on your website, visit our website at http://www.internetlawcompliance.com.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE PUBLISHERS, NET PROFITS ON DEMAND, INC. (NPOD), AND SELLERS, JEM DIRECT, INC, (JEM), AND YOU, IN TURN, GIVE THE PUBLISHER AND SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE PUBLISHER AND SELLER.
THESE PRODUCTS ARE PROMOTED THROUGH A NETWORK OF INDEPENDENT REFERRING AFFILIATES THAT ARE NOT AGENTS IN ANY WAY OF THE SELLER OR PUBLISHER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are Net Profits On Demand, Inc. (NPOD), hereafter “PUBLISHER,” and JEM Direct, Inc. (JEM), hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER". Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AND AFFILIATE NETWORK AGREEMENT
The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on this website and/or in an email referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase and Affiliate Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed 'product' throughout this agreement but the word 'product' shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.
The Buyer as a part of his/her/its product purchase also wishes to apply for participation in the IFL Affiliate Network -- a non-exclusive affiliate network authorized to refer qualified prospects interested in purchasing the Income For Life line of products in return for receiving referral fees from any resulting product sales; However, the Buyer/Affiliate Network Member Applicant understands that neither he, she, nor any student of the NPOD Income For Life Home Study Courses has any obligation to participate in the IFL Affiliate Network, that it is merely one of many possible “Income Today” options explored in depth in the NPOD Income For Life Home Study Course and that a Buyer/Student of any of the NPOD Income For Life line of products can successfully complete the entire training without becoming an active member of the affiliate network.
REFUND POLICY
The product, service or membership referenced herein is sold with a 90 day 'no questions asked' 100% money back guarantee. If the product is other than an e-product or digital product, the product must be returned during the refund period to the shipping address provided with the product. The burden is on the Buyer to prove that the product was in fact returned to that address. Cancellation of a membership or request for refund of a digital product delivered over the internet must be noticed to the contact address in this Purchase Agreement. The Buyer understands that all rights to view the product and all license or resale rights terminate when the product is returned for a refund. (Selling of a product in which you have no ownership interest or resale license rights is a crime as well as breach of this agreement.) Giving the Buyer a refund during the refund period is the full and complete liability that the Seller of this product, service or membership has to the Buyer. Buyer agrees that the length of the refund period is reasonable and further agrees to examine, read, and try the product, service or membership during the 90 day refund period as a material consideration required by the Seller as part of the purchase price. Buyer further warrants that he or she will make a determination during the 90 day refund period if the product is as described and to decide whether the Buyer wishes to keep the product. If the Buyer does not contact the Seller during the refund period, Buyer agrees that the Seller may construe silence as a full, complete and final acceptance of the product, service or membership with no further right of redress or refund for any reason due the Buyer.
FURTHER DESCRIPTION OF THE PRODUCT, SERVICE OR MEMBERSHIP
Buyer warrants an understanding that the product, service or membership may actually be comprised of different elements. For example, a digital or so-called e-book may also come in CD or printed format, and that the digital product may also be part of a service or a membership. Additionally, the product, service or membership may come with the right to sub-license or re-sell the product. However, unless specified in the sales and promotional materials and unless all conditions are met, the Buyer has no license, permission or right to duplicated or sell this product in any form or to sell it or distribute it whether for profit or not to any person for any reason.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase and Affiliate Agreement, the Buyer agrees to receive continuing follow-up contact from the Publisher/Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Publisher/Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Buyer agrees to post-sale contact from joint venture partners of the Publisher/Seller or from others who have a commercial relationship with the Publisher/Seller. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared, rented or sold to third parties. However, Buyer shall at all times be fully empowered to sever contact with the Publisher/Seller by notification using the 'unsubscribe' link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Publisher/Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Publisher/Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party including the Publisher/Seller.
The Buyer agrees to allow the Publisher/Seller to store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
The Buyer understands that cookies will be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an e-product and which will be able to determine if you retain the right to access the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Publisher/Seller's computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received. If it should happen that the Publisher/Seller's courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Publisher/Seller to bill the Buyer's credit card for said charges or for the return of goods if they are refused at the point of destination.
SHIPPING AND PROCESSING CHARGES
Shipping and Processing may or may not reflect the actual shipping costs for each delivery. The "Shipping and Processing" charge is designed to compensate Publisher/Seller for the actual shipping cost, for the services we provide to enable our customers to enjoy the convenience of home shopping and delivery of our products, as well as for overhead costs associated with providing those services. Some of the overhead costs include, but are not limited to, the cost of lost shipments, stolen shipments, fraudulent orders, customer service, supervisory management, long distance charges, correspondence costs, legal costs, collection costs, accounting costs, database management costs, merchant processing costs, chargeback fees, fraudulent chargebacks, fraudulent refund claims, incomplete returns, re-packaging costs, inventory control costs, warehousing costs, fulfillment costs, and other claims settlements. International shipments have additional costs. Any VAT due shall be paid by the consignee (customer).
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Publisher/Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Publisher/Seller all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Publisher/Seller involving the use of a credit card herewith gives authorization for the Publisher/Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Publisher/Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The Publisher/Seller warrants and guarantees absolutely nothing. There is no 'warranty period.' There is a 90 day refund period. Period.
However, in the event that the Buyer claims that the product is defective, the sole remedy to the Buyer is to accept a replacement product or return said defective product for a refund. The period for the Buyer to determine if the product is defective and request a replacement or refund is 90 days from the date of the order. During this 90 day period, the Buyer may request and will receive a refund for any reason. During this 90 day period, Buyer may request a replacement product in lieu of a refund but Seller is under no obligation, for any reason, to do anything more than refund the purchase price.
If the sales or promotional material conflict with this "as is" warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period.
If the Buyer is purchasing a membership from this site, the terms of membership as specified in the solicitation materials are controlling.
If the Buyer is purchasing, through this site, a product, including membership, that is to be provided by a third party, the Buyer must look to the third party for additional warranties or guarantees, if any, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, short, and in no event, for any reason, shall be more than an amount equal to the purchase price.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer's person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that the Publisher/Seller is disclaiming all liability from harm of any kind or nature caused directly or indirect from this product. Buyer agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Publisher/Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that Publisher/Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Publisher/Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Publisher/Seller's liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Publisher/Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this product, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer's interaction with Third Party soliciting agents who were provided 'leads' by the Publisher/Seller. Publisher/Seller disclaims liability for Buyer's interactions with advertisers on the site. Publisher/Seller disclaims liability for Buyer's interaction with other visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Publisher/Seller's total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Publisher/Seller's total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Publisher/Seller's total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of liability.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims about income or earnings resulting from the use of this product are made, such claims are true for the persons who made the claims, including claims made by the Publisher/Seller about its own experience with the product.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results, including just dumb luck. Some people buy this product to make money and, in fact, make no money. Some people buy this product and never read it or attempt to implement any of the moneymaking ideas. Some folks seemingly take to it like a duck to water and can't stop making money. Nothing promoted on this website should be construed as a 'Get rich quick' scheme. Any income and earnings statements tend to reflect the more successful cases and Buyer should not construe this as being the 'average' or usual success story. As is true in much of life, real success usually requires real work. Learning about products and product marketing is not terrible work and it can produce very livable income if Buyer is willing to learn his or her craft and work at it steadily. Even part-time efforts may bring in some extra money each month. But it requires learning skills that Buyer may not have a background to easily learn and will certainly require constant education and, perhaps, even psychological motivation to keep Buyer directed toward his or her goals.
If the product Buyer is purchasing is a physical product promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price during the 90 day refund period (subject to the return of the product to the Publisher/Seller) is the full remedy for any Buyer who feels the product did not deliver the results claimed.
If the product Buyer is purchasing is a membership or a product ‘plan’ that claims to produce specific benefits or results or that otherwise involves a recurring fee, the Buyer has a right to terminate the membership or ‘plan’ upon notice to the Publisher/Seller or to the provider of the service if that is not the Publisher/Seller. In this case, the promotional materials describing the membership and the ‘plan’ and the remedy for dissatisfaction shall be controlling. If the promotional materials say that part of a fee is not refundable, then it is not.
Where this disclaimer and claims made in sales and promotional materials or the product are in conflict, this Purchase Agreement shall be controlling except, and unless, the Publisher/Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Publisher/Seller and does not prevail in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any, that Buyer will earn from this material or product or service and Buyer warrants an understanding that Buyer's only course of action is to test this product and material for the extent of the refund period and request a refund if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, whether or not claims made by the Publisher/Seller are adjudicated to be misleading or overly broad, as a material part of the consideration for purchase of this product, Buyer agrees that the maximum extent of liability shall be no more than the purchase price of the product.
IFL AFFILIATE NETWORK APPLICATION AND MEMBERSHIP
-1. The IFL Affiliate Network, hereafter “AN” is managed and governed by NPOD, the Publisher and the Buyer shall be pre-approved and enrolled for membership Membership in the AN upon the affirmative agreement to the terms and conditions herein and the successful purchase of one of the product options. However no prospective buyer of the NPOD Income For Life products should purchase them just to become an AN Member as they have no right to become an AN Member simply by buying of the product options. No part of a Buyer’s purchase price guarantees them acceptance into the AN as a member.
. AN Member Applicant understands that AN Membership is never sold, that he or she has paid nothing for the AN membership and that the pre-approval/pre-enrollement status offered by the Publisher is a matter of courtesy but not as a matter of right or obligation. The Publisher may terminate or modify the pre-approval/ pre-enrollment process at any time, without notice.
. The Term of the AN Membership: The term of this membership will begin upon the Publisher’s acceptance of prospective AN Member’s Application and will end when terminated by either party. The Buyer/Applicant understands that there is no guarantee than every Applicant will be approved and that the Publisher reserves the right, at its sole discretion, to reject an applicant or member if, in its sole opinion, the applicant or member is not suitable to for Affiliate Network Membership (this might happen if the Publisher determines that an Applicant or member is not a serious student, committed to the entire Income For Life Business Development Process and is only interested in a fast buck as an AN Member). Either you, the Buyer/AN Member, or we, the company, may terminate this AN Membership Agreement at any time, with or without cause, by giving the other party written notice of termination. The Buyer/AN Member is only eligible to earn referral fees on approved sales that have occurred during the term of this approved and valid membership.
. Cause for AN Membership termination include, but are not limited to:
. Use of unsolicited email/spam to promote the company’s products, services or programs
. Inappropriate advertisements (False claims, misleading hyperlinks)
. Advertising on sites containing/promoting illegal activities
. Violation of intellectual property rights.
. If the affiliate uses spam to promote the service he/she will be notified that their account is under review and they will have the opportunity to provide evidence that they are in fact using legitimate opt-in email.
. Tracking: Visitors are tracked using affiliate tracking software hosted on the Publisher’s servers. This software utilizes cookies and appended URLs and shall only track the visitors to the orderform within the publisher’s system as well any resulting product sales and returns. Since the AN Member will be promoting the offers on their own individually owned and operated website, no visitor information to their promotional website will be tracked by the Publisher’s system. The Publisher will be solely responsible for tracking sales made to customers who follow unique tracking links to the Publisher’s secured processing order form. The Buyer/AN Member will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to the Buyer/AN Member in realtime through their AN Membership account at the special http://www.trackthemoney.com website (AN Member shall be assigned and dispatched a unique username and password for account access upon successful purchase of aforementioned products).
. When a person clicks through an affiliate link, a cookie is set in their browser that contains the AN Member’s user ID. Also, their IP address is tracked in the Publisher’s database along with the affiliate ID. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate the AN Member who will be awarded credit for the commission. Visitors sent through a AN Member’s affiliate link may make a purchase later in time and the commission will still be credited to the AN Member if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database.
. Reporting: AN Members will be able to access sales through their real time stats tracking available at http://www.trackthemoney.com. Access details will be supplied upon acceptance of your application. Statistics are available subject to server performance in real time providing clickthru's, sales, and returns so the AN Member can calculate their conversion rates accordingly. Historical data of past performance is searchable by date range also.
. International Affiliates: International affiliates are welcome to join the program. All payments made will be in US dollars on a monthly basis. International affiliates who would prefer a higher minimum check payment to reduce their bank costs are welcome to discuss reviewed limits by contacting http://iflsupportdesk.com
. Predatory Advertising: All affiliates agree not to use predatory advertising methods designed to generate traffic from sites they have not contracted with for the online promotion of Publisher’s products, services and AN.
. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's expressed, written permission.
. Examples include, but are not limited to, keyword parsing browser plugins such as TopText and Surf+, banner replacement technology such as Gator, and browser spawning technology that is not web site dependent.
. Participation in predatory advertising programs will be cause for immediate AN Member termination.
. Commission Payments: Publisher pays a 35% commission per qualified sale. Commissions are not paid on purchases made by an affiliate tracked through their own link. If this occurs commission will be reversed. The individual affiliate shall be held responsible for any and all of their own tax liabilities in relation to their commission earned from the Publisher.
. The minimum payment level is one hundred dollars ($100.00) for US and Canadian affiliates, and two hundred dollars ($200.00) for all other international affiliates. Accounts owing under this amount will be carried forward to the next sales period until commissions have accumulated to the threshold.
. Returns and Cancellations: If an affiliate commission has already been paid to the AN Member and the product the is later returned by the customer, its commission/referral fee will be deducted from the next monthly payment sent to the AN Member. If there is no next monthly payment, the AN Member will be billed.
. Order Processing: The company will be solely responsible for processing every order placed by a customer following the AN Member’s unique tracking link. Order entry will use the company’s secure online ordering process or company mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of the company.
. All of the rules, operating procedures and policies of the Publisher/Seller regarding customer orders and accounts will apply to orders received through special AN tracking links. The Publisher/Seller reserves the right to reject any order that does not comply with its rules, operating procedures and policies.
. Promotional Techniques: The AN Member is free to promote their special tracking link to NPOD in all the ways the Publisher recommends. Examples of acceptable ways to promote the program are: through banners, text links, letters of recommendation to newsletters subscribers or internal client bases. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the course on any WAREZ, CRACK, or SPAM oriented site, violating the AN Membership and AN Member’s account will be immediately terminated and any referral fees not paid up to the point of termination will become property of the Publisher.
. References/Testimonials: AN Member agrees to cooperate with the company in the development of joint press releases and testimonials. AN Member further agrees to allow Publisher to use AN Member’s name and company name in marketing collaterals and make reference to AN Member on Publisher’s website as outlined in the terms of use and privacy policies.
. Copyrighted material: The AN Member shall be solely responsible for ensuring that its reviews, course descriptions and articles (if applicable at their site) obey all applicable copyright and other laws. The AN Member must have express permission to use another party's copyrighted material. The Publisher will not be responsible if the Affiliate uses another party's copyrighted material in violation of the law.
. The Publisher/Seller’s policies applies to all orders: Every customer who buys a product through this AN is deemed to be a customer of the Publisher/Seller. The AN Member does not have the authority to make or accept any offer on behalf of the Publisher. All the Publisher’s policies regarding purchase, privacy, terms of use, customer orders, product availability, product substitution, pricing and problem resolution, will apply to any and all customers of the Publisher. The Publisher shall not be responsible for any representations made by any AN Member which contradicts its policies.
. AN Member Applicant understands that the entire Affiliate Network shall be limited to only 100,000 active members simultaneously. If those memberships are filled, there will be no additional memberships authorized for the Network unless voted on and unanimously passed resolution by the Publisher’s board of directors.
. Product prices and availability: The price charged for every product sold under this AN program will be determined by the Publisher according to its own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on current version of the Publisher’s secured order form linked from the AN Member’s unique tracking link.
. Product availability can change, and the Publisher will present the best information available to all sponsoring sites and its AN Members regarding product availability.
. Website service interruption: The Publisher will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The AN Member agrees not to hold the Publisher liable for any of the consequences of such interruptions.
. Trademarks, Trade Names, & Patents: The AN Member does hereby recognize the Publisher’s exclusive license of all Trademarks, Trade Names, and Patents associated with any and all programs, products, and services. The AN Member shall act consistently with these rights and act to preserve them in the course of marketing and sales of these services. The Publisher shall allow you the right to use said Trademarks and Trade Names in connection with marketing and sales of these services.
. AN Members are independent contractors. Nothing in this Agreement implies or may be construed to imply joint venture or employer/employee relationship. Beyond the terms and conditions of this Agreement, neither party shall be required to perform any obligation or assume any liability for the other.
. The agreement may be modified: The publisher reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on its website.
. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
. Any changes or modifications made will be in 'good faith', the agreement will not be altered to purposely avoid paying AN Members due commissions.
. IF ANY MODIFICATION IS UNACCEPTABLE TO THE AN MEMBER HIS/HER ONLY RECOURSE IS TO TERMINATE THEIR AN MEMBERSHIP. THE AN MEMBER’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING A POSTED CHANGE TO OR NEW AGREEMENT ON ITS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF ANY AND ALL CHANGES.
. Limitation of Liability: The Publisher will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the AN Membership Program, even if the Publisher has been advised of the possibility of such damages. Further, the Publisher’s aggregate liability arising with respect to this Agreement and the AN Program will not exceed the total referral fees paid or payable to the AN Member under to this Agreement.
. DISPUTES: As part of the consideration that the Publisher requires of the AN Member to participate, view, use, or interact with this site and AN Program, the AN Member agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
. In no case shall the AN Member have the right to go to court or have a jury trial. AN Member will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will final and binding with limited rights of appeal.
. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
. JURISDICTION AND VENUE: If any matter concerning this Purchase and Affiliate Agreement shall be brought before a court of law, pre- or post-arbitration, AN Member agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the company. 3838 Raymert Drive, Suite 132, Las Vegas, NV 89121. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the company’s address.
. APPLICABLE LAW: AN Member agrees that the applicable law to be applied shall, in all cases, be that of the state of Nevada.
. INDEPENDENT INVESTIGATION: AN MEMBER ACKNOWLEDGE THAT HE/SHE HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. AN MEMBER UNDERSTANDS THAT PUBLISHER MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH AN MEMBER’S WEB SITE. AN MEMBER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
PRIVACY POLICY ACCEPTED Privacy Policy
Buyer expressly accepts the terms of the Privacy Policy of Publisher/Seller's website.
TERMS OF USE ACCEPTED Terms of Use
Buyer expressly accepts the Terms of Use of the Publisher/Seller's website.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Publisher/Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Publisher/Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify Publisher/Seller for any and all damage that Buyer causes by using the product or information contained on this website that results in a damage award against the Publisher/Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Publisher/Seller has the right to discontinue the product, the service, the membership at any time, subject only to the 90 day return policy, without notice.
Buyer understands that the Publisher/Seller may discontinue customer service on a product or service at any time without notice.
ARBITRATION
As part of the consideration that the Publisher/Seller requires, Buyer agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the Las Vegas, Nevada or the closest court thereto. However, in the event that the location of the Publisher/Seller changes and is so noticed on an updated Purchase Agreement, Buyer agrees that hearings or court appearances shall take place in the new location of the Seller.
APPLICABLE LAW
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of (insert state here).
NOTICE
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Publisher/Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted 'unsubscribed' notices and specifically agrees that any notification to cease contact shall not be binding upon the Publisher/Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Publisher/Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Publisher/Seller.
COSTS
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
MODIFICATION
This Purchase and Affiliate Agreement cannot be modified in any manner between the Publisher/Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Publisher/Seller may modify this Purchase and Affiliate Agreement at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase and Affiliate Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Publisher/Seller all agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Publisher/Seller's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
PUBLISHER/SELLER CONTACT INFORMATION
The Publisher/Seller of this product is:
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "I Accept" button, or checking an Acceptance box, and the purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase and Affiliate Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase and Affiliate Agreement contract.
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