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Email Aces Affiliate Terms Of Service
In accordance with the Terms and Conditions
and Policies and Procedures contained in this Application and Agreement
(hereafter "Agreement"), I hereby submit my application to become a
Marketing Representative (hereafter "Rep") and Member of
Email Aces, a division of Internet Marketing Aces, LLC. (hereafter “EmailAces.com” or
“Company”) and I hereby acknowledge and agree to the following:
1. Legal Authority. I
warrant that I am of legal, contracting age in the State / Country in which I
reside, and have no restriction of any kind on my entering into this Agreement.
This Agreement shall become effective on the date the enrollment form is
electronically submitted by me and confirmed back to me via e-mail or fax as
having been accepted by an authorized officer of EmailAces.com.
2. Spamming. I
understand and agree that I may not use or transmit unsolicited faxes, mass
e-mail distribution, unsolicited e-mail, or any other broadcast or distribution
of information that would constitute "spamming" (as that term is
generally understood and specifically prohibited by applicable laws and
regulations) relative to the promotion of the EmailAces.com products and
services. I also agree not to use any services provided by EmailAces.com
for the purposes of sending Unsolicited Email for any reason.
3. Approved Communications. For the purpose of
this Agreement, the terms "unsolicited
fax" and "unsolicited e-mail" mean the transmission via
telephone facsimile or electronic mail, respectively, of any material or
information, advertising or promoting my EmailAces.com products and/or
services which are transmitted to any person, except that these terms do not
include a fax or e-mail: (a) to any person with that person's prior express
invitation or permission; or (b) to any person with whom I have an established
business or personal relationship. The term "established business or
personal relationship" means a prior or existing relationship formed by a
voluntary two way communication between myself and a person, on the basis of:
(a) an inquiry, application, purchase or transaction by the person regarding
products or services I offer; or (b) a personal or familial relationship, which
relationship has not been previously terminated by either party.
4. Anti-Spamming Policies. I specifically
agree to become knowledgeable about and abide by
the current anti-spamming policies of AOL (America On-Line), MSN HOTMAIL and
YAHOO!, and of those generally accepted on the Internet. I also agree to
abide by the anti-spam policies set forth in the Email Aces Acceptable Usage
Policy available at http://www.EmailAces.com/aup.php
5. Spamming Complaints. I
agree that if a complaint or issue should arise or any other Internet Service
Provider, individual, or e-mail company contacts the Company regarding a
spamming complaint associated with me, my company or my affiliates,
EmailAces.com staff will be fully cooperating with these provider companies
and will take the necessary steps to enforce compliance of all of their
applicable anti-spamming policies and Terms Of Sale policies, which may include
divulging all information regarding my participation in the EmailAces.com
Rep Program and the assessment of fines up to $500.00 against me for every
verified e-mail complaint received. I acknowledge that any violation of these
policies and/or other Terms of Sale by me will result in the immediate
termination of my EmailAces.com Rep and Member status.
6. Policies and Procedures. Upon acceptance
by EmailAces.com of this Application and
execution of this Agreement, I understand I will become a Rep and a Member of
EmailAces.com and will be eligible to participate in the selling of the
EmailAces.com Marketing Package of products and services and to receive
commissions in connection with such sales in accordance with the
EmailAces.com Policies and Procedures and Compensation Plan. I acknowledge
that my strict and timely compliance with all EmailAces.com Policies and
Procedures, as these may be amended from time to time, is an absolute
requirement of my continued participation in the EmailAces.com
Representative Program. I agree that any questions I may have regarding the
EmailAces.com Policies and Procedures will be directed, in writing, to the
Company.
7. Independent Representative. I understand that as
a EmailAces.com Rep, I am an independent
representative, not an agent, employee, partner or franchisee of
EmailAces.com. I further understand and agree that as a Rep I will not be
treated as an employee for federal or state tax purposes, nor will I be treated
as an employee for purposes of the Federal Unemployment Tax Act, Federal
Insurance Contributions Act, the Social Security Act, State Unemployment Act or
State Employment Security Act. I understand and agree that I am responsible for
paying all local, state and federal taxes on any income generated from the sale
of EmailAces.com Marketing Package products or services. Any instance of my
non-compliance with applicable self-employment, licensing or payroll tax
requirements may be grounds for my immediate termination as a EmailAces.com
Rep. I acknowledge and agree that I shall have no right or authority to
obligate or bind EmailAces.com in any manner.
8. Updating of Account Information. I understand
that it is my responsibility to insure that my
account profile information, including my mailing address, e-mail address, and
telephone number are current so I can receive important information from
EmailAces.com and my compensation checks on time.
9. Site Changes and Updates.I understand
that EmailAces.com Management has the right, in
its sole discretion, to make any and all changes and updates to Representative
Members Areas and Affiliate Websites without any prior notification to
EmailAces.com Representatives.
10. Commission Paid on Sales Only. I understand
and agree that all of my compensation as a
EmailAces.com Rep will consist solely of commissions derived from actual
sales of the EmailAces.com Marketing Package of products and services. I
acknowledge and agree that I will not be receiving any commissions for making
introductions or recruiting new Representatives in conjunction with the
EmailAces.com business of Marketing Package. I understand that I will earn
commissions based on the number of "paid" EmailAces.com product
purchases only. I understand that the commissions I receive for sales of the
EmailAces.com Marketing Package made by me or made by others in my
organization will vary depending on factors including my own effort.
11. Rep and Member Status Required. I
understand that I am required to become familiar with and
actually use the products and services included in the EmailAces.com
Marketing Package as a condition of becoming a EmailAces.com Member and
Rep; and to qualify for payment of commissions. I acknowledge and agree that I
will be required to become and continue to be a EmailAces.com Member and
pay a monthly fee for my EmailAces.com website and membership in
EmailAces.com in order to process sales of the EmailAces.com Marketing
Package.
12. Member Updates. I
agree and understand that as a Member of EmailAces.com, I will receive
Member updates and announcements by e-mail and regular mail. I hereby confirm
my request that until my status as a EmailAces.com Member is terminated, I
wish to receive all such information and I acknowledge that such information
shall not constitute spamming or other unauthorized delivery of information by
EmailAces.com.
13. Minimum Sales Volume.
I hereby agree to participate in and present to others the EmailAces.com
Compensation Plan fairly and completely. I acknowledge that to qualify for
commissions in any month, a EmailAces.com Rep needs “personal
no minimum monthly volume made by either made by me
or by the other Reps in my sales organization.
14. Commissions Not Guaranteed. I acknowledge
that no commissions or earnings are guaranteed from
my participation in the EmailAces.com Rep Program or Compensation Plan,
regardless of what I have heard verbally from another EmailAces.com Member
or EmailAces.com staff or in any ads I’ve seen on or off the Internet
including e-zine ads, classifieds, card decks, postcards, or any other
marketing materials describing the EmailAces.com business.
15. Commission Checks. I
acknowledge that that a $5.00 check
processing fee will be deducted from each commission check I receive. I
also acknowledge that I will not be paid unless I specifically request a
commission payment through the client area of the EmailAces.com website.
16. Personal Responsibility. I agree that I
will not make any representations about the actual,
potential or expected earnings of any Rep of EmailAces.com. I further
acknowledge that it is my responsibility to build my own sales organization. No
matter what I may have been told by anyone inside or outside of the
EmailAces.com company, I acknowledge that it is my full responsibility to
market and sell the EmailAces.com products and services if I am to receive
commissions and grow my Rep organization.
17. Errors on Commission Statements. I acknowledge and
agree that if I believe that there has been an
error in the computation or payment of my sales commissions, I must notify
EmailAces.com of such error within 30 days of the date I receive the
statement on which the error appears. EmailAces.com will not be responsible
for any errors, omissions or problems not reported to the Company within 30
days of receipt. I understand that I will have the right to request copies of
documents relating to my commissions no more frequently than once during each
12 month period and that all costs of review of such information shall be my
sole responsibility. I understand that EmailAces.com will pay me any proven
commission deficiency within 30 days of my submission of written verification
and a request for payment.
18. Single Participation.
I understand that if I want more products and services than are included in the
EmailAces.com Marketing Package, I am free to purchase such products from
any other company. However, I agree that I will only participate in one
EmailAces.com Rep program. I will not purchase more EmailAces.com
Marketing Packages than I actually need to service the needs of the customers
of my Rep organization for the purpose of my personal financial interest or for
commissions based on becoming a EmailAces.com Rep or Member more than once.
19. No Promise of Earnings. I understand and
agree that neither EmailAces.com nor my
personal EmailAces.com sales representative or sponsor have made any claims
of guaranteed earnings or representations of the anticipated earnings that
might result from my efforts as a Rep. If they did, I agree that these
statements are hereby expressly disclaimed by the Company and are declared to
be false and void of any meaning or association with the Company. I understand
that my success as a EmailAces.com Rep will come from the sale of the
EmailAces.com Marketing Package and my development of a marketing
organization.
20. Approved Statements.
I agree that I will make no promises, warranties, statements, disclosures or
representations in the offer or sale of EmailAces.com’s products
and/or services or in the sponsoring of other prospective EmailAces.com
Reps other than those contained in current and approved versions of
EmailAces.com literature which is only available at approved Company
websites.
21. Use of Materials. I
hereby acknowledge that all information contained on the EmailAces.com
website is protected by copyright and may not be used or duplicated without
prior written approval of EmailAces.com. I further agree to refrain from
producing, selling and/or using, for advertising, promoting or describing
EmailAces.com’s products and services or Compensation Plan, or any
written, recorded or other materials which have not been approved in writing or
provided by EmailAces.com. I expressly agree to abide by
EmailAces.com’s “No Spam Policy”.
22. Change in Policies. I
acknowledge and agree that EmailAces.com, in order to maintain a viable Rep
marketing system, may make modifications in its (i) Marketing Package products
and services, (ii) marketing materials, (iii) Policies and Procedures, (iv)
Compensation Plan, (v) website content, (v) product and service pricing and
(vi) all other aspects of the EmailAces.com Rep Program. I agree to be
bound by any such changes with no recourse other than to terminate my Rep and
Member status with the Company by written notice.
23. Right to Assign. I
understand that I may sell or assign my Rep and Member position with the prior
written consent of EmailAces.com. As a condition of consideration for
approval, my successor must provide all required legal documents of authority
to EmailAces.com, with signatures and verification that my successor agrees
to be bound by the then current Policies and Procedures of the
EmailAces.com Rep Program and will sign the then-current Rep Agreement.
24. Confidentiality. I
understand and agree that I am entirely responsible for maintaining the
confidentiality of my EmailAces.com Rep and/or Member password and account
information. Furthermore, I acknowledge that I am entirely responsible for any
and all activities which occur under my Rep account number. I also acknowledge
and agree that all of the information I receive from EmailAces.com
regarding any aspect of the Rep Program which is not generally known to the
public shall be deemed to be a proprietary, confidential, trade secret of
EmailAces.com and may not be used or disclosed by me for any purpose other
than in conjunction with the operation of my Rep business.
25. Indemnification. I
hereby agree to indemnify, defend, and hold harmless EmailAces.com, its
parent company, Rep's and subsidiary companies and their officers, directors,
employees, consultants and sales agents from any and all third party claims,
liability, damages and/or costs (including but not limited to attorney fees and
court costs) arising from my use of the EmailAces.com website, products and
services, my breach of this Agreement, or my infringement or the infringement
by any other user of my account of any intellectual property or other right of
any person or entity. I agree to immediately notify EmailAces.com of any
unauthorized use of my password or account number or any other breach of
security known to me.
26. Information Not Guaranteed. I understand
that all information provided by EmailAces.com in
Rep Reports, including but not limited to accrued Rep Commission Fees, is
believed to be accurate and reliable. Nonetheless, due to various factors,
including the inherent possibility of human and mechanical error, denial of
credit card charges and electronic check payments, and credit card and
electronic charge-backs, I understand that such information is not guaranteed
by EmailAces.com or any persons creating or transmitting the information.
27. NO WARRANTIES ALL ACCRUED REP COMMISSION FEE
INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR
IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT
LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, INTERNET MARKETING ACES, LLC AND/OR OTHER PERSONS CREATING OR TRANSMITTING
THE INFORMATION SHALL IN NO EVENT BE LIABLE TO ANY REP OR ANYONE ELSE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT
ARISE OUT OF THE USE OF OR ACCESS TO ACCRUED REP COMMISSION FEES INFORMATION
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, REP COMMISSION FEES, LOSS OF
OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS,
INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF
EmailAces.COM OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST
EXTENT PERMITTED BY LAW, EmailAces.COM OR OTHER PERSONS CREATING OR
TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TOANY
REP OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE,STRICT LIABILITY,
PRODUCTS LIABILITY OR OTHER THEORY WITHRESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT.
28. Own Risk. I
acknowledge and agree that my access and use of the EmailAces.com online
Rep Report or other online information made available by EmailAces.com is
provided as an accommodation only; and my reliance upon such information is at
my own risk. EmailAces.com makes no warranties as to the accuracy of such
information. I understand that all such information therein is provided to me
"as is." If I am dissatisfied with the accuracy or quality of any
such information, I understand that my sole and exclusive remedy is to
discontinue use of, access to, and reliance upon the online Rep Report and/or
the other online information available to me.
29. Downline Structure. I
acknowledge and agree that with an automated sales system and commission
program, it is a special benefit to be able to place new Reps in my downline
after they have purchased the EmailAces.com Marketing Package. In the
unlikely event that a mistake is discovered in my Rep downline genealogy,
EmailAces.com will correct the Rep downline genealogy after conducting a
commission analysis, but will not be expected to issue corrected commission
checks. If I discover any inaccuracies in my downline structure, I will
immediately bring them to the attention of EmailAces.com.
30. 30 Day Review Period.
I acknowledge that I have 30 days from my EmailAces.com Marketing Package
purchase date to review the EmailAces.com products and services and to
request a full refund if I am not completely satisfied. After expiration of the
30 day review period, I acknowledge and agree to abide by
EmailAces.com’s “no refund policy.” This means that I will
not attempt to dispute or chargeback EmailAces.com charges to my credit or
debit card, or PayPal account. This 30 day review policy relates only to
the first 30 days of service, no refunds will be issued outside of the
intial 30 days of membership.
31. WebSite Service Terms and
Conditions. As a part of this Agreement, I agree to
fully comply with the following terms and conditions relating to my use of the
EmailAces.com Website service (the WebSite service):
a. I understand that the EmailAces.com website service is provided to me on
an “as is, as available” basis and that EmailAces.com makes no
warranties of any kind, either expressed or implied. I acknowledge that the
WebSite service is being made available to me as an accommodation only and may
be terminated by EmailAces.com at any time.
b. I agree that under no circumstances shall EmailAces.com, or anyone else
involved in creating, producing or distributing the website service, be liable
for any direct, indirect, incidental, special or consequential damages that
result from the use of or inability to use the website service including, but
not limited to, reliance on any information obtained through the service; or
that result from mistakes, omissions, interruptions, deletion of files or
email, errors, defects, viruses, delays in operation, or transmission, or any
failure of performance, whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to EmailAces.com's
records, programs or services.
c. In consideration of EmailAces.com making the WebSite service available
to me without charge, I hereby knowingly and expressly give up and waive any
right I may have to take action against EmailAces.com I may have as a
result of my use or the use by my customers of the website service.
d. I acknowledge and agree that the WebSite service may only be used for lawful
purposes. Transmission of any material in violation of any FTC, Internet,
Local, State, Federal, U.S., Canadian or International Laws is Strictly
Prohibited. This includes but is not limited to material legally judged to be
threatening, obscene, or pornographic, or any material copyright protected or
trade marked in any form.
e. I acknowledge and agree that all of the following actions are violations of
the EmailAces.com Policies and Procedures and will result in the immediate
termination of my EmailAces.com account without notice or recourse. I
represent and warrant that none of the following actions will be taken by me
during the course of my business: (a) sending unsolicited email messages that
contain ANY web addresses from my account to online users; (b) posting messages
that contain my EmailAces.com Website in Usenet Newsgroups that are
unrelated to my product or services; (c) forging my "From" Address in
an email message, or newsgroup posting, with my website addresses or (d) any
other act or action that gives the impression that the message or posting
originated from the EmailAces.com network
f. Either EmailAces.com or I may terminate my WebSite Service account at
any time by written notice. EmailAces.com may terminate immediately any
customer who misuses or fails to abide by this Agreement. I acknowledge and
agree that EmailAces.com may terminate my access to and use of the Website
Service without notice upon my breach of this Agreement.
32. Internet Fees. I
acknowledge that my purchase of the EmailAces.com Marketing Package does
not include custom script installation, creation of sub-domains or domain
registration. I understand and agree that extra fees shall apply and will be
paid by me for any products or services not included in the Marketing Package
as indicated by EmailAces.com.
33. Applicable Laws. I
acknowledge and agree that the EmailAces.com Rep and Member Program, the
Policies and Procedures, the Compensation Plan, this Agreement and all other
aspects of the EmailAces.com program is designed to strictly comply with
all applicable laws and regulations established by the FTC, SEC, IRS, Local,
State, Federal, U.S. and International Regulatory Agencies. In the event I have
any questions about any aspect of the EmailAces.com Program, I agree to
direct my questions via e-mail to the EmailAces.com legal representative at
who's contact information is available by request only.
34. Dispute Resolution. I
agree that any dispute arising from this Agreement or my participation in the
EmailAces.com Rep Program will be resolved by the following procedure to be
executed in the order stated: First: the parties will discuss the matter either
in person or on a phone call after the party making the claim has provided the
other party with a complete written summary of the claim with all relevant
documents attached; Second, the parties will discuss the matter by either a
conference call or an in-person mandatory non-binding mediation session with a
trained mediator conducted in either Orlando, Florida and with the party making the
claim responsible for the costs of the mediation
and Third: the parties will submit the matter to binding arbitration conducted
in Orlando, Florida in accordance with the laws of the
State of Florida and with the prevailing party
responsible for all attorney’s fees and costs expended in such action.
35. Governing Law. This
Agreement is governed by the laws in the State of Florida and the parties
agree that any claim or dispute between the parties to this Agreement shall be
resolved in Orange County, Florida in accordance with the procedure
described in Section 34 above.
36. Right to Terminate. I
understand that I may terminate my participation in the EmailAces.com Rep
Program by written notice to EmailAces.com at any time. I acknowledge and
agree that EmailAces.com may immediately terminate any Rep or Member who
violates the EmailAces.com Policies and Procedures or violates this
Agreement. Upon termination of my status as a EmailAces.com Rep, I
acknowledge and agree that my right to receive commissions on sales of the
EmailAces.com Marketing Package will end as of the date of my termination
and I will only receive commissions for sales made prior to the date of my
termination. Upon my termination as a EmailAces.com Rep, I will immediately
forfeit all right, interest and involvement in my downline organization or any
sales made by the other EmailAces.com Reps in my downline organization.
37. Prohibited Use.
I agree that I will not to use any of the tools or services
provided in my Email Aces membership to promote, endorse, solicit,
or track any business or entity related to adult products, adult entertainment,
pornography, hate groups, terrorism, hacking tools,
warez, cracks, pirated software, illegally copyrighted material,
mod chips, essays, or password stealing mechanisms in any way. I further
agree that I give Email Aces permission to immediately terminate
any account found to be in violation of this prohibited use statement.
38. ACKNOWLEDGEMENT. I ACKNOWLEDGE THAT I HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. I HAVE
INDEPENDENTLY EVALUATED THE POTENTIAL SUCCESS AND DESIRABILITY OF MY
PARTICIPATION IN THE EMAIL ACES REP PROGRAM AND MY ABILITY TO SELL THE
EMAIL ACES.COM MARKETING PACKAGE. IN MAKING MY DECISION TO PARTICIPATE IN
THE EMAIL ACES.COM REP PROGRAM, I AM NOT RELYING ON ANY PROMISE,
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
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