This
Agreement contains
the complete terms and conditions that apply to your
participation
as a member/affiliate in the Referral Program of
EzProfitsPlus.Com
and/or the establishment of links from your Web site
and/or email
messages to our Web sites
"EzProfitsPlus.Com". As used in this
Agreement, "we," "our" or
"us" means EzProfitsPlus.Com., "you" or
"your" means the applicant, and
"Services" means any item or service
offered for sale by us on EzProfitsPlus.Com web site.
THIS IS A
LEGAL
AGREEMENT BETWEEN YOU AND
"EzProfitsPlus.Com". BY SUBMITTING THE
member/affiliate 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/affiliate") AGREE(S)
TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS AGREEMENT. PLEASE
READ THIS ENTIRE AGREEMENT CAREFULLY
BEFORE ACCEPTING ITS TERMS.
Multiple Accounts Holding
Members may
only hold
one account. This includes, but is not limited to, family
members,
company affiliations and/or clubs (any organizational
structure ).
If this is still unclear, contact your sponsor. Any
member/affiliate
believed to be contravening this ruling will be terminated
from
EzProfitsPlus.
EzProfitsPlus.Com Hosting
RESTRICTIONS:
Due to the
restrictions
of our backbone server company and the restrictions of
our company
there are a few, but serious restrictions, all are grounds
for
domain removal and possibly account termination:
-
NO
hate orientated
sites
-
NO
discrimination
sites of any kind
-
NO
adult or nudity
sites
-
NO
illegal or
copyright infringement sites
-
NO
Ponzi Schemes of
any design
-
NO
homepage URL
replacement codes of any type
-
NO
Span generating
sites
1.
ENROLLMENT IN THE PROGRAM:
To begin the
enrollment
process, you will submit a complete member/affiliate
Program
Application via our web site. We will process your
application and
you will immediately be issued self replicating web pages
with
corresponding member/affiliate ID number for
EzProfitsPlus.Com . We
may reject your application if we determine (in our sole
discretion)
that your site is unsuitable for the member/affiliate
Program for
any reason.
Any person
UNDER the
age of 18 years must have approval of a parent or
guardian BEFORE
registering with EzProfitsPlus.Com and, once you have
joined, email
a copy of this written parent or guardian consent to
"admin at
EzProfitsPlus.Com".
2.
CORRECT MEMBER/AFFILIATE CONTACT EMAIL
ADDRESS:
Members/Affiliates are
required to keep a current, active email address
registered in their
member/affiliate Profile with EzProfitsPlus.Com at all
times.
Failure to do so will result in immediate suspension of
your
EzProfitsPlus.Com membership.
NOTE: If you
have
serious intentions to build online referral networks AND
Income, you
must visit the link in your members area titled
"Suicide email
addresses". Roughly 6,000,000+ people DO NOT
receive much of their
expected email because their personal ISP has contracted
with a
number of agencies to block what they consider SPAM
from reaching
their end users. The formula they use to
classify what is SPAM blocks email from about 99% of
affiliate/referral programs on the Internet today. YOU
may be paying
an ISP that is working against you? Check it out.
3.
ACCEPTANCE OF NON SPAM NEWSLETTERS,
NOTICES, AND OTHER COMPANY
ELECTRONIC MAILINGS:
Registering as
a
member/affiliate with EzProfitsPlus.Com 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 EzProfitsPlus.Com member. False spam
complaints will result
in legal action for damages, costs and interrupted
revenue.
4.
SPAM POLICY:
EzProfitsPlus.Com
operates on a 'ZERO TOLERANCE' Spam Policy for their
member/affiliate domains. No ads or promotions
submitted to opt-in
mailing lists, news groups or bulletin boards may contain
a direct
link to any EzProfitsPlus.Com site(s), or, hosted domains.
Any spam
complaints will result in immediate termination of your
member/affiliate account and legal action for damages,
costs and
interrupted revenue will immediately be
registered.
5.
Utilizing Our LINKS from YOUR SITE:
As a
member/affiliate
site ("member/affiliate Site"), we will make
available to you banner
advertisements, button links, and/or text links to our site,
containing EzProfitsPlus.Com logo and/or words
identifying
EzProfitsPlus.Com (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/affiliate 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
your EzProfitsPlus.Com affiliate 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/affiliate 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 commission
accrual, you must ensure that the Links between your site
and your
EzProfitsPlus.Com affiliate site are properly formatted.
7.COMMISSION & BONUS
PAYMENTS:
We will pay
you
commissions on a monthly basis. Within 30 days
following the end of
the month, we will deposit the commissions earned on
Services that
were sold as a result of your marketing efforts, less any
taxes that
we are required by law to withhold to the online payment
processor
that your payment was originally made from. However, if
the
commissions payable to you for any period is less than
$50.00, we
will bring these commissions forward to the next month
until total
amount due is at least equal to, or more, than the $50.00
minimum
check issuance amount. If Services that generated a
commission are
returned by the customer, we will deduct the
corresponding
commission from your next commission payment.
Commission(s) are
subject to change at any time or from time to time, in our
sole and
absolute discretion. You will be notified of any
change in the
Commission Structure, pursuant to the provisions of
'Commission
Plan' for this member/affiliate Program Agreement.
EzProfitsPlus.Com,
retains the option of reviewing all commissions prior to
disbursing
funds to you. This process will require a period of
approximately
fifteen (15) days.
EzProfitsPlus.Com, also
retains the right to review all due commissions for
possible fraud,
including but not limited to the use of software that
generates real
and fictitious email addresses for newsletter and other
subscriptions. Any incidence of fraud constitutes a
breach of this
Agreement, and EzProfitsPlus.Com, retains full authority
to
terminate your member/affiliate contract immediately
and without
notice.
REFUND NOTICE: As EzProfitsPlus.Com provides a
30 Day money-back
guarantee, your
commissions due are paid based on that period of time
having cleared
our payment processors and confirmed. Be aware
that a payment
earned near the end of one month, could be held over as
confirmed
during the next month. Any payment will be
processed as due and
payable to you once that money-back guarantee period
has cleared.
8.
POLICIES and PRICING:
Customers
who buy
Services or Products through the member/affiliate
Program of
EzProfitsPlus.Com will be deemed to be members of
EzProfitsPlus.Com.
Accordingly, all EzProfitsPlus.Com, rules, policies, and
operating
procedures concerning member service purchases,
member/affiliate
advertising orders, member service, and sales will apply
to those
members. We may change our policies and operating
procedures at any
time. We will determine the prices to be charged for
advertising and
other services sold under the member/affiliate Program
in accordance
with our own advertising pricing policies. Advertising
services
pricing and availability may vary from time to time.
9.
Non-EXCLUSIVE - Limited License and Use of
EzProfitsPlus.Com Logos
and Trademarks:
We grant you
a
non-exclusive, non-transferable, revocable right to:
-
access our site
through links solely in accordance with the
terms of this
member/affiliate Agreement, and:
-
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 EzProfitsPlus.Com.
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/affiliate, in good standing,
of
EzProfitsPlus.Com member/affiliate Program.
You shall not make
any specific use of any Licensed Materials for
purposes other
than selling our services for
EzProfitsPlus.Com. You agree not
to use the Licensed Materials in any manner
that is disparaging
or that otherwise portrays EzProfitsPlus.Com
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/affiliate
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.
10.
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/affiliate
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/affiliate 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:
-
breach, conflict
with or constitute a default under any
agreement or other
instrument applicable to you or binding upon
you, or
-
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.
11.
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).
12.
TERM of AGREEMENT:
This term of
this
member/affiliate Agreement will begin upon our
acceptance of your
member/affiliate 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 us 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.
13.
MODIFICATION:
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/affiliate
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/affiliate Program, following our posting of a
change notice
or new agreement on our site, will constitute binding
acceptance of
the change.
14.
RELATIONSHIP of PARTIES:
You and
EzProfitsPlus.Com, 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.
15.
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/affiliate 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/affiliate
Program will not exceed the total commissions paid or
payable to you
under this Agreement.
16.
GENERAL DISCLAIMERS:
We make no
express or
implied warranties or representations with respect to the
member/affiliate Program or any Services or other items
sold through
the member/affiliate 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.
17.
REPRESENTATIONS and WARRANTIES:
You hereby
represent
and warrant to us that this member/affiliate 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/affiliate
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:
-
provision of any
law, rule, regulation, order, judgment or
decree to which you
are subject or which is binding upon you, or
-
the
terms of any
other agreement, document or
instrument applicable to you or
binding upon you.
18.
CONFIDENTIALITY:
We may
disclose to you
certain information as a result of your participation as
part of the
member/affiliate 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/affiliate Program
Agreement made
specifically for your domain and not generally available
to other
members of the member/affiliate Program, website,
business and
financial information relating to
EzProfitsPlus.Com customer, member/affiliate and
vendor lists relating to EzProfitsPlus.Com and pricing and
sales information for EzProfitsPlus.Com and any person
of the
member/affiliate 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/affiliate 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/affiliate 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/affiliate Agreement.
The foregoing
restrictions will not apply to information to the extent it
-
was
known to the
receiving party at the time of
disclosure;
-
has
become publicly
known through no wrongful act of the receiving
party;
-
has
been rightfully
received from a third party under no obligation
to the
disclosing party;
-
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;
-
is
consumer
information collected on EzProfitsPlus.Com
website or from their
electronic publication(s) mailing list(s) and is
used for
marketing purposes provided that
EzProfitsPlus.Com, will not
sell or transfer the information to any third
party for their
use.
19.
INDEMNIFICATION:
You hereby
agree to
indemnify, defend and hold harmless EzProfitsPlus.Com,
its
shareholders, officers, directors, employees, agents,
affiliates,
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;
-
any
claim or
threatened claim that our use of the
member/affiliate Trademarks
infringes on the rights of any third
party;
-
the
breach of any
representation or warranty made by you
herein; or,
-
or
any claim
related to your site.
20.
INDEPENDENT INVESTIGATION:
YOU
ACKNOWLEDGE THAT
YOU HAVE READ THIS member/affiliate 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/affiliate PROGRAM AND ARE NOT
RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN
THIS AGREEMENT.
21.
EARNINGS DISCLAIMER:
EzProfitsPlus.Com
OFFERS NO CLAIMS, WRITTEN OR OTHERWISE, TO
SUGGEST OR IMPLY, ANY
EARNINGS FROM THIS member/affiliate PROGRAM.
ALL EARNINGS,
COMMISSIONS AND/OR BONUSES TO BE EARNED
FROM THIS member/affiliate
PROGRAM WILL BE GENERATED SOLELY BASED
ON THE EFFORTS AND
PERFORMANCE OF THE INDIVIDUAL
member/affiliate. 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 member/affiliates.
22.
MISCELLANEOUS:
This
Agreement will be
governed by the laws of the United States of America and
the State
of Ohio, without reference to rules governing choice of
laws. Any
action relating to this member/affiliate Agreement must
be brought
in the state or federal
courts located in
"Cleveland, Ohio", and you irrevocably
consent to the jurisdiction
of such courts. You may not assign this member/affiliate
Agreement,
by operation of law or otherwise, without our prior
written consent.
Subject to that restriction, this member/affiliate
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/affiliate
Agreement.
THIS IS A
LEGAL
AGREEMENT BETWEEN YOU AND
"EzProfitsPlus.Com", BY CLICKING ON THE
"APPLY" BUTTON AT THE END OF THE
member/affiliate 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/affiliate")
AGREE(S) TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS member/affiliate
AGREEMENT. PLEASE READ THIS
ENTIRE member/affiliate AGREEMENT CAREFULLY
BEFORE ACCEPTING ITS
TERMS.
© Copyright 2001- 2010.
EzProfitsPlus LLC. Last updated 01/14/2010
