|
INFOGOROUND.COM USER AGREEMENT
InfoGoRound.com is provided by:
GoldLiger Marketing, Inc.
17171 Glencoe Avenue
Lakeville, MN 55044
W elcome to the user agreement
(the "Agreement" or "User Agreement") for Goldliger Marketing, Inc. (the
company) and its "site" at InfoGoRound.com. The terms "Goldliger
Marketing" and "InfoGoRound.com" are used interchangeably throughout this
agreement. All terms, conditions, and disclaimers pertain equally to "Goldliger
Marketing, Inc" and "InfoGoRound.com".
Further, the terms "we", "our", and "us" throughout this Agreement
refer to both Goldliger Marketing, Inc. and InfoGoRound.com.
This agreement describes the terms and conditions applicable to your
use of our resources and services under the domains, sub-domains and
sub-directories of InfoGoRound.com (the "site"), and the general
principles of Goldliger Marketing, Inc. This agreement includes the
InfoGoRound Article-Content Usage Rules and InfoGoRound Article Writing
Requirements. If you do not agree to be bound by the terms and conditions
of this Agreement, do not use or access our web-site, resources, or
services.
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement and our Privacy Policy, which include
those terms and conditions expressly set out below, and those incorporated
by reference, before you may become a member, affiliate or participant of
InfoGoRound.com.
We may amend this Agreement at any time by posting the amended terms on
the site. Except as stated below, all amended terms shall automatically be
effective 30 days after they are initially posted on the site.
General Terms of Use
1. InfoGoRound.com is a trademark if GoldLiger Marketing, Inc., and may
not be used without the written permission of GoldLiger Marketing, Inc.
2. Membership in InfoGoRound.com and access to InfoGoRound.com
provided by GoldLiger Marketing (“IGR”) gives you a non-exclusive,
terminable license to use content from InfoGoRound.com as provided by the
Article-Content Usage Rules.
Your paid membership does not give you an InfoGoRound.com franchise. The
relationship between you and GoldLiger Marketing is not a partnership.
3. Membership in IGR is paid monthly, and grants you access to the
IGR private member area, which includes access to IGR's searchable
database of article content. IGR members can use this material as if they
wrote it, subject to the IGR
Article-Content Usage Rules.
(IGR articles, content, text, and graphics outside of IGR's searchable
article database may not be used by IGR members unless special permission
has been granted or posted.)
4. IGR may amend this User Agreement, the Article-Content Usage Rules, and
the Article Writing Guidelines at any time. Any such amendments will apply
to all content and articles already provided to IGR. Unless otherwise
stated, any amendments will become effective 30 days after they are
initially posted, and you agree to periodically review these rules for any
amendments.
Restrictions on Use of Materials
(Except where noted:) Materials in this website are Copyrighted and all
rights are reserved. Text, graphics, databases, HTML code, and other
intellectual property are protected by US and International Copyright
Laws, and may not be copied, reprinted, published, reengineered,
translated, hosted, or otherwise distributed by any means without explicit
permission. All of the trademarks on this site are trademarks of
InfoGoRound.com or of other owners used with their permission.
You Must Be Over 18 To Agree to This Agreement and Use this Site
This Agreement must be completed, understood and agreed to by a person
over 18. If a parent or guardian wishes to permit a person under 18, and
under his or her supervision, to use this site, he or she should email the
Company with his or her explicit permission and acceptance of full legal
responsibility for the minor to do so. If you are not yet 18, if you are
easily offended, or are accessing this site from any country where
material on this site is prohibited or illegal, please leave now as you do
not have permission to access this site.
Liability
The materials in this site are provided "as is" and without warranties
of any kind either express or implied. InfoGoRound.com disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
InfoGoRound.com does not warrant that the functions contained in the
materials, resources or services offered will be uninterrupted or
error-free, that defects will be corrected, or that this site or the
server that makes it available are free of viruses or other harmful
components. InfoGoRound.com does not warrant or make any representations
regarding the use or the results of the use of the materials, resources,
or services offered by this site in terms of their correctness, accuracy,
reliability, or otherwise. You (and not InfoGoRound.com assume the entire
cost of all necessary servicing, repair or correction. Applicable law may
not allow the exclusion of implied warranties, so the above exclusion may
not apply to you.
Under no circumstances, including, but not limited to, negligence,
shall InfoGoRound.com be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials in
this site, even if InfoGoRound.com or a InfoGoRound.com authorized
representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion
may not apply to you. In no event shall InfoGoRound.com's total liability
to you for all damages, losses, and causes of action (whether in contract,
tort, including but not limited to, negligence or otherwise) exceed the
amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at
the time they were placed on the website. Changes may be made at any time
without prior notice. All data provided on this website is to be used for
information purposes only. The information contained on this website and
pages within, is not intended to provide specific legal, financial,
medical, health, or tax advice, or any other advice, whatsoever, for any
individual or company and should not be relied upon in that regard. The
services described on this website are only offered in jurisdictions where
they may be legally offered. Information provided in our website is not
all-inclusive, and is limited to information that is made available to
InfoGoRound.com and such information should not be relied upon as
all-inclusive or accurate.
You agree and understand that the materials made available in this site
are not presented by a medical practitioner and are for educational and
informational purposes only. The material is not intended to be a
substitute for professional medical advice, diagnosis, or treatment. The
material is not intended to diagnose, treat, cure or prevent any disease.
Always seek the advice of your physician or other qualified health
provider with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking it because
of something you have read.
You agree to not misuse these materials and to not make
misrepresentations about these materials to others, whether for your own
use, or as an affiliate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that
may be linked to this site and is not responsible for their content. The
linked sites are for your convenience only and you access them at your own
risk. Links to other websites or references to products, services or
publications other than those of InfoGoRound.com and its subsidiaries and
affiliates at this website, do not imply the endorsement or approval of
such websites, products, services or publications by InfoGoRound.com or
its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or
phrases at this website may constitute trade names, trademarks or service
marks of InfoGoRound.com or of other entities. The display of trademarks
on this website does not imply that a license of any kind has been
granted. Any unauthorized downloading, re-transmission, or other copying
of modification of trademarks and/or the contents herein may be a
violation of federal common law trademark and/or copyright laws and could
subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber
Code, username, user ID, or password which you may have received from
InfoGoRound.com, and all information to which you have access through
password-protected areas of InfoGoRound.com's websites and will not cause
or permit any such information to be communicated, copied or otherwise
divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to InfoGoRound.com.
InfoGoRound.com reserves the right to issue revisions to these Terms of
Use by publishing a revised version of this document on this site: that
version will then apply to all use by you following the date of
publication. Each access of information from InfoGoRound.com will be a
separate, discrete transaction based on the then prevailing terms.
If any of the provisions of this Agreement are determined by a court to
be unenforceable, they shall be severed from this Agreement, and the
remaining provisions shall remain in full force and effect.
The insertion of headings and the division of this Agreement into
Articles and Sections are for convenience reference only and are not to
affect its interpretation.
This Terms of Use and the license granted may not be assigned or sublet
by You without InfoGoRound.com's written consent in advance.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the Minnesota, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate
InfoGoRound.com and/or its affiliates' intellectual property rights,
InfoGoRound.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of
Minnesota, and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Minnesota. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Minnesota, under the Commercial Arbitration
rules of the American Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court with jurisdiction
to do so.
If any provision of this agreement is void or unenforceable in whole or
in part, the remaining provisions of this Agreement shall not be affected
thereby.
Termination
Your membership is effective until terminated by either party, and
either party has the right to terminate your membership at any time for
any reason. You agree that the InfoGoRound Article-Content Usage Rules
continue to apply after your membership ends. You may terminate your
membership at any time by destroying all materials obtained from any and
all InfoGoRound.com site(s) and all related documentation and all copies
and installations thereof, whether made under the terms of this agreement
or otherwise. This agreement will terminate immediately without notice at
InfoGoRound.com's sole discretion, should you fail to comply with any term
or provision of this agreement. Upon termination, you must destroy all
materials obtained from this site and any and all other InfoGoRound.com
site(s) and all copies thereof, whether made under the terms of this
agreement or otherwise. The destruction of materials requirement does not
apply to the Resale Products and their accompanying sales pages that you
obtained during your membership period. You can also continue to use
content by paying the Optional One-Time License Fee as described in the
InfoGoRound Article-Content Usage Rules.
Cash for Content Program
Active InfoGoRound.com (IGR) members have the option of writing and
submitting articles to IGR -- for compensation in the form of IGR
membership payment rebate -- via the IGR "My Publishing Center", up to one
article per monthly "Publishing Period" as follows...
Publishing Periods are simply IGR's method of organizing and tracking
article submissions for our Cash for Content program. When you join
InfoGoRound.com by ordering and registering a password, so begins your
first Publishing Period. Your Publishing Periods are designed to coincide
with your monthly member billing schedule for IGR.
...For example, if you were to order/register as an IGR member on March 17th, your
next billing would be on April 17th. In this example your
corresponding Publishing Period would be March 17th to April 16th.
Your next Publishing Period would begin on April 17th, and end on May
16th. And so on. (Note: If you register(ed) an IGR membership
on the 29th, 30th, or 31st of a given month, due to Leap Year, your
Publishing Periods would end on the 27th of each month instead of the 28th,
29th, or 30th.) Your "Publishing Period Ending" (date) is always
clearly displayed in your My Publishing Center so that there is no
confusion as to article submission deadlines.
When you submit an article, it will immediately become available to
other members via the IGR searchable database. This "publication" does not
constitute approval of your article. For a certain period of time
(approximately 30-60 days depending on your Publishing Period schedule)
following the submission of your article, it will be open for review and
approval by IGR admin. All submitted articles are open to rating by IGR
members, though members cannot "approve" articles.
Articles that do not meet IGR's posted
Article Writing Requirements,
or that receive a low rating (ie, an
average rating under 2 out of 5 stars) will
most likely be "UNpublished" at the sole discretion of IGR admin.
UNpublished articles will not be awarded a rebate (ie, "Cash for Content"
will not be awarded). However, all is not wasted...If and when an article
submission of yours is UNpublished, it will be returned to your personal
My Publishing Center for potential revision and re-submission (and rebate)
during a future Publishing Period. Please understand that we
desire and *appreciate* your article submissions, as quality articles add
to the success of IGR and its members. Simply put, quality matters to us,
because it matters to our members. (Note: If an article of yours is
UNpublished, you will be notified via email and via your My Publishing
Center.)
"Approved" articles are those that meet our simple
Article Writing Requirements
to a reasonable degree, and that do not receive a low article rating
during the period of time following article submission up until IGR's
scheduled date of rebate. IGR will award rebates for all approved
articles, with the exception that article authors who are delinquent on
their IGR member billing, or who have canceled their membership are
considered "ineligible" for rebate. It is the responsibility of IGR
members, and not IGR, to keep current on payments (before submitting an
article make sure your IGR member billing is up to date).
Rebates will be
in the amount of $24.95, or $24.95 minus any merchant or payment processing fee(s)
that IGR is charged, and will be
paid via
PayPal.com directly to
article authors. (...IGR reserves the right to deduct from the $24.95
rebate, any payment processing fees that we are charged by PayPal.com and/or our own merchant provider.) Rebates will be awarded by IGR once per month,
to "approved" article submissions for Publishing Periods that have ended
during the month prior. In carrying on with our example above, let's
say you publishing an approved article during your March 17th to April
16th Publishing Period. Your rebate for this article would be awarded at
the end of May. If you were to submit another approved article
during your next Publishing Period (which in this example would be
April 17th to May 16th), your rebate would be awarded at the end of June.
And so on. This payment schedule gives us ample time to review article
submissions.
Please understand that article writing and submission is strictly
optional. IGR members are in no way obligated to submit articles via our
Cash for Content Program / My Publishing Center. We understand that
not every member is inclined to write and submit articles. Members that do
not submit articles simply pay the low $24.95 monthly membership fee with
no penalties whatsoever. Members may at their option choose to submit
articles during certain Publishing Periods only. For example,
in a given year of IGR membership, a member might choose to submit an
article during any 3 of the 12 total Publishing Periods, and in this
example would receive a total of 3 IGR rebates (provided
the articles are approved). A motivated member who submits 12
approved articles during a given year of membership, would essentially
have earned a full year of free IGR membership!
Additional notes...
Member-authors (those that choose to write and submit articles via our
Cash for Content Program and My Publishing Center) will be required to
agree to our
Article Writing Requirements
prior to article submission. It is important
to familiarize yourself with these requirements before you decide to write
for IGR.
Once you've written and submitted an article via the My Publishing
Center, there is no going back and changing what you've written, so it is
important to double check your work prior to submission, to make sure it
meets our requirements. We don't expect 100% writing perfection, but we do
expect a reasonable level of quality as judged by our article rating
system.
Once a given Publishing Period ends, rebate eligibility for that
particular period (ie, the corresponding member billing period) ends and
cannot be "retrieved".
Member-authors will be required to submit a simple "Author Bio" page,
which will display some very basic details about the author including:
Author first name and last name, author web-site (optional), brief author
bio (a chance to plug your site or product!). Per our
Article Writing Requirements,
you maintain the copyright to articles you
write and submit to IGR, and that being the case we represent you as the
original author of your articles. Please be assured that your contact
information will NOT be displayed to other IGR members, nor will it ever
be sold or traded (please see our
Privacy Policy).
Your Author Bio page will display your overall author and article rating
(5 star system) to other IGR members, as well as provide links directly to
any and all articles you've submitted to IGR. The Author Bio page
represents an excellent opportunity to build your expertise and
credibility, as well as generate some additional traffic to your web-site
or product URL.
Should you ever choose to terminate your IGR membership, IGR reserves
the right to continue displaying your Author Bio page, and articles, and
to leave the article rating links for your articles active. (This is
simply because your approved articles become an integral and useful part
of the IGR database, and we continue to represent you as the rightful
author via your Author Bio page.)
Affiliate Program Terms
ARTICLE 1. INTRODUCTION
1.01 Individuals and businesses are invited to participate in
InfoGoRound.com's affiliate program, provided they agree to this User
Agreement, including our NO SPAM policy.
1.02 Goldliger Marketing, Inc. is the sole and exclusive owner of all
right, title and interest including all intellectual property rights in
and to the contents, logos, style, design, look and feel, trade names,
trademarks to all literary works, computer software programs, products,
goods and services (including and all future versions thereof) currently
entitled the ("Product"). Product refers to the singular as well as the
plural.
1.03 Goldliger Marketing, Inc. intends to sell and distribute the Product
electronically and/or physically using, in part, third party affiliates
who will establish links to Goldliger Marketing, Inc.'s Web site where the
Product will be offered for sale.
ARTICLE 2. PARTICIPATION & REPRESENTATION
2.01 Goldliger Marketing, Inc. hereby grants to the Affiliate the
non-exclusive and revocable right to market and advertise the Product and
to establish links to Goldliger Marketing, Inc.'s web-site, in accordance
with this Agreement.
2.02 The Affiliate shall advertise the Product through the Internet and
shall develop, operate and maintain links from its site to Goldliger
Marketing, Inc.'s site at its sole cost and expense.
2.03 The Affiliate represents and warrants to Goldliger Marketing, Inc.
that this Agreement has been duly and validly executed and constitutes and
shall continue to constitute a legal obligation, enforceable in accordance
with its terms.
ARTICLE 3. AFFILIATE SALES COMMISSIONS
3.01 If, as a result of a direct advertising effort of the Affiliate, a
referred customer of the Affiliate or of a member of the Affiliate's team
(as defined) orders and pays for the Product or other goods or services
sold by Goldliger Marketing, Inc. in the future, Goldliger Marketing, Inc.
shall pay the Affiliate a sales commission determined in accordance with
the Affiliate Compensation Details which follows this Agreement and which
forms an integral part of it. The commission is based upon the paid
selling price of the purchased goods or services before tax and excluding
returns ("Sales Commission").
3.02 AN AFFILIATE SHALL NOT RECEIVE A SALES COMMISSION FOR A PRODUCT
PURCHASE MADE, DIRECTLY OR INDIRECTLY, BY HIMSELF/HERSELF. Goldliger
Marketing, Inc., in its sole and complete discretion may create multiple
level compensation plans. In the case of a multiple level compensation
plan, an Affiliate's Team means all Affiliates introduced to the Program
by the Affiliate in question. In the event that more than one Affiliate
claims the same commission for a sale, Goldliger Marketing, Inc. shall
select the Affiliate which shall receive the compensation.
3.03 The Affiliate shall be responsible for all taxes and other similar
levies applicable to the Sales Commission pursuant to any law or
regulation. The Affiliate shall report the Sales Commission to its
taxation authorities as required by law.
3.04 Goldliger Marketing, Inc. shall post and maintain, on a current
basis, a designated password-protected Web page for each Affiliate showing
the Affiliate's participation in the Program including number of potential
customers referred by it and an estimate of the Sales Commission owing to
it. Goldliger Marketing, Inc. shall, on or about the 28th-31st of each
month, mail or otherwise transmit the Sales Commission representing the
amount payable for the sales completed in the previous month. Sales
statistics of the referred transactions, supporting the amount paid, shall
be made available on the Affiliate's private site for a limited period of
time. Affiliates will receive the Sales Commission in US funds via
Paypal.com. For administrative convenience, if the Sales Commission is
less than $20 dollars in a month, it shall be sent during a future month
when and if the amount reaches or surpasses $20 US. If an Affiliate
maintains a balance of less than $20 dollars of Sales Commission in a
period of 12 consecutive months without asking for payment during that
time, the Sales Commission shall be forfeited. Sales Commission
overpayments may be deducted from future payments or shall be reimbursed
by the Affiliate.
ARTICLE 4. AFFILIATE SITES AND PROMOTION METHODS
4.01 The Affiliate shall be solely responsible for all materials that
appear on its site. It shall strictly adhere to all applicable laws and
regulations in conducting its business and more specifically in marketing
and advertising the Product. Without restricting the generality of the
foregoing, the Affiliate shall not send unsolicited e-mail (SPAM) and
shall not send e-mail or any other communication to a recipient if the
recipient has requested that it discontinue such communication, nor shall
it send or display on its Web site any material that may be considered to
be harassing, libelous, defamatory, legally obscene or pornographic,
threatening, abusive or hateful.
4.02 Goldliger Marketing, Inc. shall have the right, but not the
obligation, to pre-approve the graphics and logos used on any Web site
which is linked to its site. Furthermore, the Affiliate shall annotate its
site with appropriate copyright, trademark and other similar notices,
which shall be approved by Goldliger Marketing, Inc.. If the Affiliate
specifies a price point for the Product in its marketing and advertising,
it shall ensure that it is updated regularly to reflect all price changes.
4.03 Goldliger Marketing, Inc. shall have the right to monitor the
Affiliate's Web site at any time and from time to time to determine if it
is in compliance with the terms and conditions on this Agreement.
4.04 The Affiliate agrees not to use any predatory advertising methods
designed to generate traffic from sites that they have not contracted with
in the online promotion of Goldliger Marketing, Inc.'s products, services
or affiliate program. 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, knowledge, permission, and participation. Examples
include, but are not limited to, keyword parsing, browser plugins such as
TopText and Surf+, banner replacement technology such as Gator, browser
spawning technology that is not web site dependent. Participation in
predatory advertising programs will be cause for the affiliate's immediate
termination.
ARTICLE 5. ORDER PROCESSING
5.01 Goldliger Marketing, Inc. shall establish the procedures of selling
the Product including, without limitation, the placement of orders,
pricing, payment terms, processing, delivery, returns etc. Without
restricting the generality of the foregoing, Goldliger Marketing, Inc.
shall have the right to cancel, suspend or delay any order for the
Product, including the right to discontinue selling the Product at any
time.
ARTICLE 6. LICENSES AND GOODWILL PRESERVATION
6.01 Goldliger Marketing, Inc. shall have the right, but not the
obligation, to approve, in its sole and absolute discretion and with due
regard to the protection and preservation of the goodwill of the Product
any promotional, advertising or marketing item used by the Affiliate. The
Affiliate shall make all deletions and modifications suggested by
Goldliger Marketing, Inc. on any site where the Product is mentioned.
6.02 The Affiliate shall acknowledge and clearly identify and respect that
all proprietary information, trademarks, copyrights and all other similar
rights in and arising out of the Product are, and shall continue to be,
the exclusive property of Goldliger Marketing, Inc.. In the event the
Affiliate learns of any claim or allegation that the Product infringes
upon or violates any intellectual property or proprietary rights of a
third party, or contains any unlawful, libelous, or untrue statement, it
shall immediately notify Goldliger Marketing, Inc. so as to enable
Goldliger Marketing, Inc. to defend, settle or otherwise resolve the claim
or allegation in a manner that Goldliger Marketing, Inc. deems appropriate
in its sole discretion.
6.03 Customers who purchase the Product through the Program shall be
deemed to be customers of Goldliger Marketing, Inc., and the Affiliate
shall refer all Product-related questions, requests or queries to
Goldliger Marketing, Inc. Goldliger Marketing, Inc. shall have the right
to utilize the Affiliate's name and logo to advertise, market, promote and
publicize in any manner the Product.
6.04 The Affiliate shall not make or give to a customer or a potential
customer any warranty, representation or other statement concerning the
Product without first obtaining the written consent of Goldliger
Marketing, Inc.
ARTICLE 7. RELATIONSHIP OF PARTIES
7.01 While the parties shall work hand-in-hand for the benefit of both,
the parties acknowledge and agree that the Affiliate shall, from a legal
perspective, act as and shall be an independent contractor and not an
employee or agent of Goldliger Marketing, Inc. Nothing in this Agreement
shall create a partnership, joint venture, agency, or franchise between
the parties in the legal sense of these terms. The Affiliate shall not
sign any document in the name of or on behalf of Goldliger Marketing, Inc.
nor shall it hold itself out as being an agent of Goldliger Marketing,
Inc. or as having apparent authority to contract for or bind Goldliger
Marketing, Inc.
ARTICLE 8. LIMITATION OF LIABILITY
8.01 In no event shall Goldliger Marketing, Inc. be liable for special,
incidental, consequential or punitive damages, including, without
limitation, any damages resulting from loss of profits, loss of business
or loss of goodwill arising out of or in connection with this Agreement or
the Product, whether or not such party has been advised of the possibility
of such damages. Goldliger Marketing, Inc. shall not be liable for any
damages if, for any reason whatsoever, its Web site fails or is
non-operational for any reason whatsoever.
ARTICLE 9. TERM OF THE AGREEMENT
9.01 In the event that the Affiliate breaches any of the undertakings or
obligations set forth in this Agreement and does not remedy same within 7
days notice from Goldliger Marketing, Inc., it shall automatically forfeit
the Sales Commission then receivable or receivable at any time in the
future. Goldliger Marketing, Inc. shall, in addition, have the right to
terminate this Agreement and shall retain all other rights and remedies
available to it at law or in equity.
9.02 This Agreement shall automatically terminate if the Affiliate ceases
to actively market the Product for a period of 90 days. Goldliger
Marketing, Inc. shall have the right but not the obligation to terminate
this Agreement with an Affiliate whose Sales Commission in a calendar year
was in the bottom 5 percent of Sales Commission of all Affiliates in the
calendar year in question, by giving the Affiliate 90 days notice of
termination. In such cases the Sales Commission owing, representing the
sums earned shall be paid even after termination of this Agreement. The
Affiliate shall have the right to terminate this Agreement at any time
upon written notice to Goldliger Marketing, Inc..
9.03 As soon as notice of termination of this Agreement is given or upon
termination as herein provided, the Affiliate shall immediately cease its
marketing and advertising of the Product and shall forthwith eliminate all
mention and references to the Product and all links to Goldliger
Marketing, Inc.. Pending the completion of the foregoing, Goldliger
Marketing, Inc. may hold in abeyance the Sales Commission.
ARTICLE 10. MODIFICATION AND APPLICATION OF AGREEMENT
10.01 Goldliger Marketing, Inc. may, in good faith, modify any of the
terms and conditions contained in this Agreement (including the Affiliate
Compensation Schedule), at any time and in its sole discretion, by posting
a change notice or a new agreement on its Web site. If any modification to
this Agreement is not acceptable to the Affiliate, its only recourse is to
terminate this Agreement. The Affiliates continued participation in the
Program following the said posting of a change notice or new agreement
shall constitute binding acceptance by the Affiliate of the change.
10.02 The Affiliate shall not assign, transfer or convey this Agreement or
any part thereof to any other party without Goldliger Marketing, Inc.'s
consent which shall not be unreasonably refused.
10.03 This Agreement shall endure to the benefit of and be binding upon
the parties hereto and their respective heirs, legatees, executors, legal
representatives, successors and assigns.
10.04 This Agreement represents the entire agreement between the parties
and supersedes all prior negotiations, agreements and understandings, if
any. For greater certainty but without restricting the aforementioned,
information contained in any of the following shall not form part of this
Agreement, namely:
Descriptions of the Program (including the descriptions of Sales
Commission payable to the Affiliates) on Goldliger Marketing, Inc.'s Web
site(s);
E-mail communications from Goldliger Marketing, Inc. or from any of its
employees, officers or directors;
Information in the Product, or in marketing/informational documents.
ARTICLE 11. INDEPENDENT INVESTIGATION
11.01 The Affiliate acknowledges that it has reviewed this Agreement and
agrees to all its terms and conditions. The Affiliate understands that
Goldliger Marketing, Inc. may at any time 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 the Affiliate's Web site.
The Affiliate has independently evaluated the desirability of
participating in the Program and is not relying on any representation,
guarantee or statement other than as set forth in this Agreement.
ARTICLE 12. MISCELLANEOUS PROVISIONS
12.01 Any reference in this Agreement to gender includes all genders and
words importing the singular number only shall include the plural and vice
versa.
12.02 Each of the parties adhere to covenants and agrees that it shall
execute and deliver such additional agreements and documents and do such
acts and things as may be reasonably necessary fully and effectually to
carry out the intent and purpose of this Agreement.
12.03 Time shall be of essence of this Agreement.
12.04 All notices, requests and other communications shall be deemed to
have been received when posted by Goldliger Marketing, Inc. on its Web
site. It shall also be deemed to have been received on the next business
day if transmitted by Telecopier, e-mail or any other form of electronic
mail to the last known electronic address of the intended recipient.
12.05 If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed upon mediator in the
following location: Minnesota, US. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Minnesota, US, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
The parties have required that this Agreement and related documents be
drafted in English.
AFFILIATE COMPENSATION DETAILS
IGR affiliate compensation will vary. Commissions and prizes awarded for
specified time periods will be posted on the InfoGoRound.com domain and
will be readily available to all affiliates. IGR will be running
affiliate competitions. The prizes and commissions offered for each
competition will vary. Please see the IGR affiliate pages or contact us
for further details.
REJECTION CRITERIA
We will reject anyone who uses marketing techniques that...
Are harassing or use SPAM in any way, shape, or form (for full details
see our spam policy to follow below).
Exploit sex to sell.
Promote violence.
Are hateful in any way.
Are libelous or defamatory.
Are threatening or abusive.
Are illegal or on the borderline.
Violate the copyrights or trademarks of others.
Are in such poor taste that we do not want the association.
.
|
EARNINGS DISCLAIMERS
GENERAL DISCLAIMER:
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT
INFOGOROUND.COM (THE "PRODUCT") AND ITS POTENTIAL. EVEN THOUGH
THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK
IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY
MONEY USING THE RESOURCES, TECHNIQUES AND IDEAS IN THESE MATERIALS.
EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE
OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY
DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES.
WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR
MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND
TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS.
SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT
GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE
RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION
THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE
MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995.
FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF
FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT
THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS.
THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,”
“PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF
SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL
EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR
SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS
POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING
YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE
RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S, IN FACT NO GUARANTEES ARE
MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES
IN OUR MATERIAL.
INFOGOROUND.COM MEMBERSHIP PROGRAM DISCLAIMER:
PLEASE NOTE THAT THE TERM
"GUARANTEE" OR "GUARANTEED" USED IN OUR SALES MATERIAL AT THE
INFOGOROUND.COM DOMAIN IS REFERRING TO OUR 30 DAY FULL MONEY BACK
GUARANTEE IN THE EVENT YOU'RE NOT SATISFIED WITH YOUR RESULTS,
AND/OR WITH THE RESOURCES WE OFFER.
WE CAN IN NO WAY LEGALLY GUARANTEE YOUR SUCCESS AS A MEMBER OF
OUR SITE, OR THAT YOU'LL MAKE MONEY IN ANY AMOUNT.
REFERENCES THROUGHOUT OUR SALES MATERIAL TO DOLLAR AMOUNTS THAT
CAN BE, OR HAVE BEEN EARNED OR GENERATED USING OUR RESOURCES IN NO
WAY MEAN THAT YOU CAN EARN THAT DOLLAR AMOUNT, OR ANY DOLLAR AMOUNT.
...THE ABOVE INCLUDES, BUT IS NOT LIMITED TO ANY REFERENCE TO
DOLLAR AMOUNTS EARNED IN THE MEMBER TESTIMONIALS LISTED. THE
ACCURACY OF THE MEMBER TESTIMONIALS IS BELIEVED TO BE REASONABLY
ACCURATE, BUT WE DO NOT, AND CANNOT, LEGALLY GUARANTEE OR VERIFY THE
ACCURACY OF ANY TESTIMONIAL PROVIDED.
INFOGOROUND.COM AFFILIATE PROGRAM DISCLAIMER:
THE INFOGOROUND.COM AFFILIATE/REFERRAL PROGRAM OFFERS NO EARNINGS
GUARANTEE OF ANY KIND. ALTHOUGH WE PROVIDE MANY SELLING AIDS AND
RESOURCES, WE CANNOT LEGALLY GUARANTEE YOUR SUCCESS OR SATISFACTION
AS OUR AFFILIATE.
AS WITH ANY AFFILIATE TRACKING SOFTWARE APPLICATION OR SYSTEM,
THE RESULTS AND ACCURACY OF OUR TRACKING IMPLEMENT CANNOT BE
GUARANTEED. WE RESERVE THE RIGHT TO WITHHOLD FUNDS EARNED BY AN
AFFILIATE IF THAT AFFILIATE ENGAGES IN SPAMMING, WITH "SPAMMING"
DEFINED AS SENDING AN UNSOLICITED EMAIL TO AN INDIVIDUAL OR ENTITY.
SUMMARY OF EARNING DISCLAIMER:
WE ARE NOT OFFERING YOU A GUARANTEED BUSINESS OPPORTUNITY OF ANY
SORT. WE ARE, HOWEVER, DOING EVERYTHING IN OUR POWER TO OFFER YOU A
POWERFUL CONTENT RESOURCE WITH WHICH TO HELP BUILD YOUR BUSINESS.
AND IF YOU'RE NOT SATISFIED WITH THESE RESOURCES FOR ANY REASON, YOU
HAVE A FULL 30 DAYS TO REQUEST A REFUND. WE RESERVE THE RIGHT NOT TO
OFFER REFUNDS AFTER OUR 30 DAY MONEY BACK GUARANTEED HAS EXPIRED. |
.
|
STRICT NO SPAM POLICY
WE HAVE A ZERO TOLERANCE SPAM POLICY. YOU SHALL NOT USE
OUR SERVICES IN CONNECTION WITH ANY TYPE OF SPAM PROMOTIONS. SPAM
SHALL INCLUDE, BUT IS NOT LIMITED TO, THE SENDING OF UNSOLICITED
INFORMATION TO A PERSON OR GROUP THAT HAS NOT SPECIFICALLY ASKED TO
RECEIVE THAT PARTICULAR INFORMATION OR IS NOT A PERSONAL
ACQUAINTANCE OF THE INDIVIDUAL SENDING THE INFORMATION.
THE INFOGOROUND.COM DOMAIN AND ITS AFFILIATED DOMAINS SHALL NOT
BE INCLUDED IN ANY SUCH CORRESPONDENCE. THIS INCLUDES PUTTING THE
LINK AS HTML THAT DOES NOT VISIBLY SHOW THE DOMAIN. PUTTING IN A
DISCLAIMER PROVIDING THE METHOD FOR A RECIPIENT TO BE REMOVED FROM A
MAILING LIST DOES NOT MAKE THIS PRACTICE ACCEPTABLE.
THE DEFINITION OF SPAM SHALL FURTHER INCLUDE, BUT NOT BE LIMITED
TO THE FOLLOWING:
SENDING ANY EMAIL WITH THE INFOGOROUND.COM NAME OR ANY VARIATION
THEREOF, TO ANY TYPE OF MAILING LIST OR OPT-IN LIST THAT HAS BEEN
PURCHASED OR ACQUIRED [BY YOU OR THE SENDER] FROM AN OUTSIDE
INDIVIDUAL OR PARTY.
SENDING ANY EMAIL WITH THE INFOGOROUND.COM NAME OR ANY VARIATION
THEREOF, TO ANY TYPE OF MANUALLY OR AUTOMATICALLY HARVESTED LIST OF
EMAIL ADDRESSES, NAMES, OR CONTACTS.
SENDING ANY EMAIL WITH THE INFOGOROUND.COM NAME OR ANY VARIATION
THEREOF, TO ANY TYPE OF "SAFE LIST" OR THROUGH ANY TYPE OF "SAFE
LIST" SERVICE.
SENDING ANY EMAIL WITH THE INFOGOROUND.COM NAME OR ANY VARIATION
THEREOF, TO ANY TYPE OF "LEAD" OR "PROSPECT" BEFORE YOU HAVE
RECEIVED A REQUEST
FOR MORE INFORMATION FROM THE RECIPIENT.
SENDING ANY EMAIL WITH THE INFOGOROUND.COM NAME OR ANY VARIATION
THEREOF, AS PART OF A CONFIRMATION/THANK YOU LETTER AS A RESULT OF
POSTING TO A CLASSIFIED AD SITE OR FFA (FREE FOR ALL LINKS) SITE.
SENDING ANY EMAIL WITH THE INFOGOROUND.COM NAME OR ANY VARIATION
THEREOF, AS THE RETURN ADDRESS.
FAXING OR FAX BLASTING ANY MESSAGE WITH THE INFOGOROUND.COM NAME
OR ANY VARIATION THEREOF, TO ANY RECIPIENT THAT HAS NOT REQUESTED
THE INFORMATION FIRST.
USE OF THE INFOGOROUND.COM NAME OR ANY VARIATION THEREOF AS PART
OF ANY INAPPROPRIATE NEWS GROUP OR FORUM POSTINGS.
USE OF ANY ACCOUNT IN A MANNER NOT SPECIFICALLY AUTHORIZED BY
INFOGOROUND.COM IS A MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY
AND WILL BE TREATED AS SUCH.
ANY INFOGOROUND.COM MEMBER/AFFILIATE/USER THAT ENGAGES IN SPAM IN
CONNECTION WITH THE SITE IN ANY WAY SHALL HAVE THEIR MEMBERSHIP AND
AFFILIATE ACCOUNT TERMINATED IMMEDIATELY, COULD LOSE ANY OR ALL
AFFILIATE COMMISSIONS DUE TO THEM, AND SHALL BE HELD LIABLE
FOR ANY AND ALL DAMAGES AND/OR LOSSES THAT MAY RESULT AS A
CONSEQUENCE. |
That concludes the Goldliger Marketing, Inc. /
InfoGoRound.com User Agreement. If you have any questions about this
agreement, please contact us.
|