MLMLeads.com Service Agreement
I understand that the MLM Leads, LLC is a mailing list rental company and I agree to the following:
* l understand and agree that I have the right to solicit my prospects with any offer I choose within legal and ethical boundaries. However, I understand that I am not permitted to resell or re-distribute my mailing list, in part or whole, for the purpose of financial gain, marketing, promotion, or otherwise, without express written permission from MLM Leads, LLC. I understand that it is my responsibility to protect my monthly mailing list and other member services by not disclosing, to any party, the username and password information used to access my MLMLeads.com account.
* I understand that MLM Leads, LLC is not liable for any profit or loss, or for any other claims regardless of their forms of action. MLM Leads, LLC assumes no responsibility for closing of leads or the lead's failure to return messages. I agree to hold MLM Leads, LLC harmless for any and all injury incurred, either financially or personally, as a result of my use of MLM Leads, LLC mailing lists and its technology.
* I understand that each order is finalized regardless of whether I have contacted the leads and therefore all sales are final and no refunds shall be given.
* I authorize MLM Leads, LLC to charge the credit card listed in my online application form for leads provided on a month to month basis, and for any past due balances in order to bring the account balance current. I understand that credit card payments shall be billed and charged automatically. MLM Leads, LLC may charge my credit card account at any time for any outstanding invoice. I also understand that I am responsible for providing MLM Leads, LLC with accurate contact and payment information at all times.
* I understand that I may choose the Monthly Auto-Ship Option and in choosing the Option, I affirm that I authorize MLM Leads, LLC to begin immediate and periodic deductions from the credit card referenced on my online application. I understand that it is my responsibility to ensure that sufficient funds are available to cover these deductions. I understand that a declined payment will result in immediate loss of MLM Leads, LLC leads and services. I understand that the Monthly Auto-Ship is an option and not a requirement to make any purchase.
* I agree to pay MLM Leads, LLC the required mailing list fee on a timely basis as MLM Leads, LLC will strictly adhere to auto-ship deadlines. MLM Leads, LLC reserves the right to terminate any MLMLeads.com mailing list order in such event that a monthly debit is dishonored by the member's bank, and he/she fails to make good such debit.
* CANCELLATION OF MONTHLY AUTO-SHIP OPTION: I agree that I may cancel my monthly auto-ship option without penalty or obligation within SEVEN (7) BUSINESS DAYS PRIOR TO THE NEXT AUTO-SHIP DATE LISTED IN MY MLMLEADS.COM ACCOUNT. I understand that no exceptions to this deadline will be honored by MLM Leads, LLC under any circumstances. I understand that I may cancel my leads Auto-Ship at any time by logging into my MLMLeads.com account, clicking the “Leads” link in the left margin and then clicking the “Auto-Ship” link provided and then selecting the auto-ship item to be removed. I understand that I must type in and submit my password to confirm the cancellation. Cancellation is considered in effect when confirmed by MLM Leads, LLC. I further understand that MLM Leads, LLC will not, under any circumstances, accept my request for cancellation by telephone, fax or e-mail. MLM Leads, LLC is not responsible for cancellation requests not received due to equipment failure or other mechanical malfunction. Failure to request cancellation of the monthly auto-ship option by this deadline will result in continuation of my monthly auto-ship at the current level through the following month.
* I understand that MLM Leads, LLC reserves the right to change the rates and charges by notifying me 30 days in advance of the effective date of the change.
* I understand that any and all training and support materials provided by MLM Leads, LLC are distributed for the benefit of MLM Leads, LLC users and may not be duplicated or redistributed without the prior written consent of MLM Leads, LLC.
* I understand that if I am dissatisfied with the leads or with any terms, conditions, rules, policies, practices or guidelines of MLM Leads, then my sole and exclusive remedy is to discontinue purchasing the leads.
Submission of my MLMLeads.com application shall be considered firm evidence of my understanding and acceptance of all policies and procedures heretofore set forth in this document.
MLMLeads.com Mobile Marketing Terms of Service Agreement
1. Using MLMLeads Mobile Marketing Products
a. Who can use MLMLeads Mobile Marketing Products
You may use our Products only if you can form a binding contract with MLMLeads, and only in compliance with these Terms and all applicable laws. When you create your MLMLeads account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Commercial use of MLMLeads
If you want to use our Products for commercial purposes, you may do so and you agree to this Terms of Service.
2. Your Content
a. Posting content
MLMLeads allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to MLMLeads.
b. How MLMLeads and other users can use your content
You grant MLMLeads and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content on MLMLeads solely for the purposes of operating, developing, providing, and using the MLMLeads Products. Nothing in these Terms shall restrict other legal rights MLMLeads may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason; including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from MLMLeads, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, MLMLeads and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through MLMLeads.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make MLMLeads more usable. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, MLMLeads does not waive any rights to use similar or related Feedback previously known to MLMLeads, or developed by its employees, or obtained from sources other than you.
3. Copyright Policy
MLMLeads has adopted and implemented the MLMLeads Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
We care about the security of our users. While we work to protect the security of your content and account, MLMLeads cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by MLMLeads. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from MLMLeads, you do so at your own risk and you agree that MLMLeads will have no liability arising from your use of or access to any third-party website, service, or content.
MLMLeads may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless MLMLeads and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
MLMLEADS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
MLMLeads takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MLMLEADS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL MLMLEADS' AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with MLMLeads, you agree to first contact us and attempt to resolve the dispute with us informally. If MLMLeads has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and MLMLeads agree otherwise, the arbitration shall be conducted Riley County, Kansas. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MLMLEADS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Kansas, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a district court located in Riley County, for any actions not subject to Section 10 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
12. General Terms
Notification Procedures and changes to these Terms. MLMLeads reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MLMLeads without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MLMLeads' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
MLMLeads.com Affiliate Agreement
This Agreement contains the complete terms and conditions that apply to an individual or entity's participation in the Service Affiliate Program (the "Program"). As used in this Agreement, "we" means the Company, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to the Company's site located at the Service URL, or to the site that you will link to our site (as identified in your application).
1. Enrollment in the Program. To begin the enrollment process and become eligible to earn commissions, you must have an active paid Service account. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your content or Web site is unsuitable for the Program. Unsuitable content or Web sites include those that:
* Promote sexually explicit materials
* Promote violence
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
* Promote illegal activities
* Include the Service name or variations or misspellings thereof in their domain names
* Otherwise violate intellectual property rights
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
Your affiliate enrollment ends when your Service Client account is closed or when you cancel your Service account. Unpaid commissions are forfeited when a Service account is closed.
2. Links on Your Site. Once you have been notified that your site has been accepted into the Program, you may provide a general link on your site to our Service home page. We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral fees with respect to activity on our site occurring directly through Special Links: we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement.
3. Order Processing. We will process Service orders placed by customers who follow special links from your website to our website. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
4. Referral Fees. We will pay you (in accordance with Sections 5 and 6 below) referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must follow a Special Link from your site to our site, select and purchase the Product using our automated ordering system, accept delivery of the Product, and remit full payment to us. You may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site); or (b) post any Special Links on any Web site or other platform that is accessible through any Internet Access Appliance.; or (c) create secondary customer accounts so as to refer that secondary account as a referred account to earn commission on your own purchases. If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, or posted Special Links on any such Web site or platform, or created secondary accounts for the purposes of earning commissions on your own purchases, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
5. Referral Fee Schedule. You will earn referral fees based solely on the sale of Service accounts. The current referral fee schedule is 10% commission on each Service account sale originated by you from your affiliate Website. Commissions are paid on a recurring basis for as long as the Service bills the referred members.
6. Referral Fee. Payment Affiliate commission payments are made available every 30 days and are typically paid out within 15 days of your commission payment request. All payments shall be made in U.S. Dollars via PayPal. The Company reserves the right to hold commission payments until commission payout is $20 or more. In the event that the commission payment is less than $20, that commission amount will be added to the next month's commission total. A $5.00 check-processing fee shall be deducted from the check amount in the event that a check payment is issued instead of a PayPal payment.
To request a commission payment, Service Affiliates must request a payment using the "Request Payment" button or link viewable on the Affiliate Summary page.
7. Policies and Pricing. Customers who buy services through this Program will be deemed to be customers or Clients of the Company and the Service. Accordingly, all the Company and Service rules, policies, and operating procedures will apply to those customers. We may change our policies, operating procedures and prices at any time.
8. Identifying Yourself as an Affiliate. We will make available to you an affiliate web site with a unique URL that identifies you as a Program participant. In order to be credited for a Service account sale, your visitors must enter the Service website via your Affiliate URL. These visitors will be tracked with your id and you will be credited for any sale associated with those visitors. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that the Company or Service supports, sponsors, endorses or contributes money to any charity or other cause). As an affiliate, you agree not to send any spam Email to announce your Company or Service affiliation. This action will result in your immediate termination and will cancel any pending commissions that may be pending.
9. Limited License. We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
10. Term of the Agreement. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party or when the Client closes their Service Client account. Either you or we may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Company or Service trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral commissions on the Service sales during the term, and referral fees earned through the date of termination will remain payable only if the related sales are not canceled or returned or rules of this agreement were not violated by you. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
11. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
12. Relationship of Parties. You and we 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 Section. As an independent contractor, you are responsible for your own local, state, or federal taxes.
13. 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 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 Program will not exceed the total referral fees paid or payable to you under this Agreement.
14. Disclaimers. We make no express or implied warranties or representations with respect to the Service or any products sold through the Service (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 Service website will be uninterrupted or error-free, that defects will be corrected, or that any other website or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the website, the content thereof, the materials, information and functions made accessible by the Service software used on or accessed through the Service website, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the website or any linked site. The Company will not be liable for the consequences of any interruptions or errors. The Company and the Service make no warranties and shall not be liable for the use of the Service website, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to the Company's or Service's negligence. If you are dissatisfied with the Service or any materials on the Service website, your sole remedy is to discontinue using the Service and the Service website.
The Company's partners, affiliates and any other entities represented on the Service website may be removed at any time and for any reason, with or without notice. The company cannot be held liable for any damage related from removal from the Service website. Under no circumstances shall the Company be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the site including without limitation loss of revenue or anticipated profits or lost business, even if such entities or any authorized representative thereof have been advised of the possibility of such damages, some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the Company or the Service, its parent companies, subsidiaries exceed in aggregate, $100 USD.
15. Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS. YOU HAVE 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.
Louisiana residents only: In the event of a dispute for jurisdictional purposes, a user shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law.