DiveForIncome.com - 'DFI 3/6 Incomparable Success Formula'
Affiliate Marketing Referral Program - Downline Funneling - A Team Builder.
This Agreement contains the complete terms and conditions that apply to your participation as a member in the member Program of DiveForIncome - A Team Builder and the establishment of links from your member Web site and/or email messages to our Web sites "DiveForIncome - A Team Builder". As used in this Agreement, "we," "our" or "us" means DiveForIncome member Network., "you" or "your" means the applicant, and "Services" means any item or service offered on the DiveForIncome - A Team Builder Website.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND "DiveForIncome - A Team Builder". BY SUBMITTING THE member ONLINE APPLICATION, YOU (IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY) (THE "member") AGREE(S) TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
1. ENROLLMENT IN THE PROGRAM:.
To begin the enrollment process, you will submit a complete member Program Application via our web site. We will process your application and you will immediately be issued self replicating web pages with corresponding member username for the DiveForIncome - A Team Builder. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the member Program for any reason.
Any person UNDER the age of 18 years must have approval of a parent or guardian BEFORE registering with the DiveForIncome - A Team Builder. and, once you have joined, email a copy of this written parent or guardian consent to "email@example.com"
2. CORRECT member CONTACT EMAIL ADDRESS:
Members are required to keep a current, active email address registered in their member Profile with DiveForIncome - A Team Builder at all times. Failure to do so will result in immediate suspension of your DiveForIncome - A Team Builder membership.
3. ACCEPTANCE OF NON SPAM NEWSLETTERS, NOTICES, AND OTHER COMPANY ELECTRONIC MAILINGS:
Registering as a member with DiveForIncome - A Team Builder requires you accept all newsletters, notices and other company electronic mailings. If you do not wish to receive these electronic communications, DO NOT sign up as a DiveForIncome - A Team Builder member. False spam complaints will result in legal action for damages, costs and interrupted revenue.
4. SPAM POLICY:
DiveForIncome - A Team Builder operate on a 'ZERO TOLERANCE' Spam Policy for their members. No ads or promotions submitted to opt-in mailing lists, news groups or bulletin boards may contain a direct link to any DiveForIncome - A Team Builder site(s). Any spam complaints will result in immediate termination of your member account and legal action for damages, costs and interrupted revenue will immediately be registered.
5. Utilizing Our LINKS from YOUR SITE:
As a member site ("member Site"), we will make available to you banner advertisements, button links, and/or text links to our site, containing DiveForIncome - A Team Builder logo and/or words identifying DiveForIncome - A Team Builder (each of these links sometimes being referred to herein as "Links," or individually as a "Link"), which subject to the terms and conditions hereof, you may display on your site. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. All member Sites shall display such graphic images prominently throughout your site as you see fit. A Link may only be modified and/or expanded with our consent. Each Link connecting users of your site to our site, will in no way alter the look, feel or functionality of our site. We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
6. ORDER PROCESSING:
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. However, all Links must be approved by us. We will process orders and/or advertising sales placed by customers who follow the Links from your site to the DiveForIncome - A Team Builder site. We reserve the right to reject service orders or advertising orders that do not comply with certain requirements which we may establish from time to time. We will be solely responsible for all aspects of service orders and/or advertising order processing and fulfillment, including orders and/or advertising entry, payment processing, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your site and will make unaudited reports, summarizing this sales activity, available to you through your member Administration site. The form, content, and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted.
7. POLICIES and PRICING:
Customers who buy Services or Products through the member Program of 'DiveForIncome - A Team Builder' will be deemed to be customers of DiveForIncome - A Team Builder. Accordingly, all DiveForIncome - A Team Builder, rules, policies, and operating procedures concerning customer purchases, customer advertising orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. We will determine the prices to be charged for advertising services sold under the member Program in accordance with our own advertising pricing policies. Advertising services pricing and availability may vary from time to time.
8. Non-EXCLUSIVE -
Limited License and Use of DiveForIncome - A Team Builder Logos and Trademarks:
We grant you a non-exclusive, non-transferable, revocable right to;
a] access our site through links solely in accordance with the terms of this member Agreement, and;
b] solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively "Licensed Materials"), solely for the purpose of selling our services on your site(s) for DiveForIncome - A Team Builder. You may not alter, modify or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent you are a member, in good standing, of the DiveForIncome - A Team Builder member Program. You shall not make any specific use of any Licensed Materials for purposes other than selling our services for the DiveForIncome - A Team Builder. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays DiveForIncome - A Team Builder in a negative light. We reserve all of our rights for the Licensed Materials, and all other intellectual property rights. We may revoke this license at any time by giving you written notice in accordance with the provisions of this member Program Agreement. You shall retain no rights in and to the Licensed Materials. You shall not create, publish, distribute or permit any written material that makes reference to us, without first submitting such material to us and receiving our written consent. This license shall terminate upon the effective date of the termination of this Agreement.
9. Non-EXCLUSIVE -
Limited License and Use of members Logos and Trademarks:
You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the "member Trademarks"), to advertise, market, promote and publicize in any manner in accordance with our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the member Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not;
a] breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or;
b] infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
This license shall terminate upon the effective date of the expiration or termination of this Agreement.
10. RESPONSIBILITY for YOUR SITE(s):
You will be solely responsible for the development, operation and maintenance of your site(s) and for all materials that appear on your site(s). We shall have no responsibility for the development, operation and maintenance of your site(s) and for all materials that appear on your site(s). You shall also be responsible for ensuring that materials posted on your site(s) do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site(s) are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. We disclaim all liability for such matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees and expert witness fees) relating to the development, operation, maintenance, and contents of your site(s).
11. TERM of AGREEMENT:
This term of member Agreement will begin upon our acceptance of your member Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement, you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and member Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the member Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
13. RELATIONSHIP of PARTIES:
You and DiveForIncome - A Team Builder, are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
14. LIMITATION of LIABILITY:
We 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 member Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the member Program will not exceed the total commissions paid or payable to you under this Agreement.
15. GENERAL DISCLAIMERS:
We make no express or implied warranties or representations with respect to the member Program or any Services or other items sold through the member Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
16. REPRESENTATIONS and WARRANTIES:
You hereby represent and warrant to us that this member Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this member Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the;
a] provision of any law, rule, regulation, order, judgement or decree to which you are subject or which is binding upon you, or;
b] the terms of any other agreement, document or instrument applicable to you or binding upon you.
We may disclose to you certain information as a result of your participation as part of the member Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purposes of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this member Program Agreement made specifically for your site and not generally available to other members of the member Program, website, business and financial information relating to DiveForIncome - A TEAM BUILDER customer, member and vendor lists relating to DiveForIncome - A Team Builder and pricing and sales information for DiveForIncome - A Team Builder and any members of the member Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
Except as otherwise provided in this member Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this member Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively shall remain strictly confidential and secret and shall not be utilized by such party for its own business purposes or for any other purpose except and solely to the extent necessary to exercise rights and perform obligations under this member Agreement.
The foregoing restrictions will not apply to information to the extent it
1] was known to the receiving party at the time of disclosure;
2] has become publicly known through no wrongful act of the receiving party;
3] has been rightfully received from a third party under no obligation to the disclosing party;
4] has been disclosed by court order or as otherwise required by law if the receiving party has given the disclosing party a reasonable opportunity to contest or limit the scope of such required disclosure or;
5] is consumer information collected on the DiveForIncome - A Team Builder website or from their electronic publication(s) mailing list(s) and is used for marketing purposes provided that DiveForIncome - A TEAM BUILDER, will not sell or transfer the information to any third party for their use.
You hereby agree to indemnify, defend and hold harmless DiveForIncome - A Team Builder, its shareholders, officers, directors, employees, agents, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney's fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on;
1] any claim or threatened claim that our use of the member Trademarks infringes on the rights of any third party;
2] the breach of any representation or warranty made by you herein; or,
3] or any claim related to your site.
19. INDEPENDENT INVESTIGATION:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS member AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE 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 COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN OUR member PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
20. EARNINGS DISCLAIMER:
DiveForIncome - A TEAM BUILDER OFFERS NO CLAIMS, WRITTEN OR OTHERWISE, TO SUGGEST OR IMPLY, ANY EARNINGS FROM THIS member PROGRAM. ALL FREE ADVERTISING AND/OR FREE EXPOSURE TO BE EARNED FROM THIS member PROGRAM WILL BE GENERATED SOLELY BASED ON THE EFFORTS AND PERFORMANCE OF THE INDIVIDUAL member. ANY AND ALL REFERENCES TO INCOME ON OUR WEB SITES OR IN OUR ELECTRONIC PUBLICATIONS ARE SOLELY TO SHOW THE CONCEPT AND RESULTS THAT MAY BE ATTAINED BY OUR SUCCESSFUL members.
This Agreement will be governed by the laws of the USA and the State of INDIANA, without reference to rules governing choice of laws. Any action relating to this member Agreement must be brought in the federal or state courts located in Indianapolis, INDIANA, and you irrevocably consent to the jurisdiction of such courts. You may not assign this member Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this member Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this member Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND "DiveForIncome - A Team Builder", BY CLICKING ON THE "APPLY" BUTTON AT THE END OF THE member ONLINE APPLICATION, YOU (IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY) (THE "member") AGREE(S) TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS member AGREEMENT. PLEASE READ THIS ENTIRE member AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
Revised: November 19, 2005