EFFECTIVE: February 5, 2017
1. ACCEPTANCE OF TERMS THROUGH USE
These Network Policies, Guidelines, and Terms (the “Agreement”) made effective as of February 5, 2017, are incorporated into and made a part of your Affiliate Ambassador Agreement. By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site (“Company”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement.
2. YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS WEBSITE
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 to access this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.
3. LICENSE TO USE THIS WEBSITE
1) Wealth Power Tools Ambassador Program Policy: Access to the Wealth Power Tools Ambassador Program for one year is included with your Wealth Power Tools purchase. Ongoing access to the Wealth Power Tools Ambassador Program is available for $99 per year after the first year. The Wealth Power Tools Ambassador Program includes access to marketing materials and resources, tools and integration, platform training, and customer support. Access to the Wealth Power Tools Ambassador Program is given at wealthpowertools.com
2) Notice of Cancellation Policy: In the event you are 65 or older, you may cancel your purchase any time prior to midnight of the twenty-first (21st) calendar day after the date of this transaction and receive a full refund. If services are used prior to the twenty-first (21st) calendar day, no refund will be available. Otherwise you may cancel this transaction at any time within three (3) business days after purchase. To cancel, please call Customer Service at 877-999-7816.
3) Dispute Resolution Program – Binding Arbitration Agreement: By executing this Agreement, the Customer and the Company hereby mutually agree that any and all disputes which may arise between them shall be decided exclusively in binding arbitration conducted by the American Arbitration Association (“AAA”). Customer and Company further agree that each party will bear its own costs and attorneys’ fees incurred in connection with the AAA proceeding. Both parties understand and agree they are waiving the right to a jury trial or trial before a judge. Neither the Customer nor the Company shall be entitled to join or consolidate disputes by or against one another in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. This provision and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (“FAA”), and, to the extent any provision of the FAA is inapplicable, the laws of the state of Utah.
4) Disclaimer: Affiliate Marketing provides consumers with an organic way to discover new products and services from sources they trust. As a customer of Wealth Power Tools, you have access to partner with recognized brands in numerous product categories – including a wide array of consumer and business financial products and services. You will be given education, training, and the tools to launch a personalized marketing program. We do not, nor cannot, provide guarantees on earnings or returns on investment. Further, we do not offer any financial, accounting, tax, or legal advice. Prior to engaging in marketing services on behalf of affiliate partners, you are required to acknowledge your understanding and compliance to all Federal Trade Commission’s regulations related to advertising, including the use of Endorsements and Testimonials. Marketing, education, and fulfillment services for Wealth Power Tools are provided by Response. See additional terms and conditions at: http://office.wealthpowertools.com/terms-of-use/
4. LICENSE RESTRICTIONS
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party. You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation or local or foreign export laws and/or without all required U.S. and foreign government licenses.
4) Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
5. LINKS TO OTHER WEBSITES
6. USER’S LICENSE GRANT TO WEBSITE
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without copy, the Company shall have exclusive ownership of all present and future
existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
7. USER CONDUCT
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
1) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
2) infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
3) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
4) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
5) impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this site
or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years of age or younger without appropriate parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay,
damages or results, in removing such content.
It is the intent of the Company to treat customers fairly and to comply fully with all Federal Trade Commission’s regulations related to advertising. As such, we require that our Ambassadors comply with these regulations, including, but is not limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Endorsement Guides”), which require, among other criteria, that material connections between advertisers and endorsers be disclosed. This means that directories, review/rating sites, blogs and other websites, email or collateral that purport to provide an endorsement or assessment of an advertiser must prominently disclose the fact financial or in- kind compensation is provided from the advertiser.
In order to participate as an Independent Contractor for the Company, you hereby agree that (i) you will at all times adhere to FTC Endorsement Guides; (ii) Your participating website(s) and communications in connection therewith will reflect your honest views, opinions and experiences; and (iii) You will disclose your affiliate relationship with the applicable Advertiser when discussing such Advertiser or its products (collectively, “Products”), directly or indirectly.
You further agree that all such disclosures will comply with the following four (4) Standards:
Disclosures must be included in every post that has an image, review, recommendation, comment or article that appears to promote a product for which you receive any form of compensation.
The disclosure must make it clear right away to the reader that you are compensated for your review, in the form of hashtag “#Advertisement” at the beginning of any text comment or caption, or overlaid on an image. You may include other information in your disclosure, such as whether you personally tested the product or that your review is honest, but you must disclose compensation first (at the beginning) and clearly. It should not be hidden in legalese.
The disclosure must be conspicuous and easy to see on your post (in other words, it should stand out). It has to stand out from other text on the page so that it is immediately evident to all visitors. The disclosure text must be as large or larger than the main text. The disclosure text must be colored (not black or gray) and contrast with both with its background and the main text. It must not be lighter than its background or the main text. It must begin with the word “Disclosure:”
4) Requiring No Action
Your disclosure must be immediately visible to anyone who visits your reviews or endorsements. The visitor should not be required to take any action to view it. Such actions include: Scrolling (Your disclosure must appear “above the fold,” meaning the visitor does not have to scroll down to see it) or clicking (Visitors should not have to click a link to view your disclosure.
You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.
The Company reserves the right to withhold commission fees or may suspend or terminate your participation in any Affiliate Ambassador Program associated with the Company should we determine, at our discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations/guides we deem relevant.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
The parties agree that this is an independent contractor relationship. Any income derived as part of this independent contractor relationship will be paid by 1099 compensation.
8. GENERATING INVALID TRACKED ACTIVITIES
Advertisers use the Company network to increase sales of products or services, to obtain customer leads, to increase traffic to their designated Websites in order to attract advertisers, to increase brand recognition or to otherwise benefit their businesses. In all cases, the full benefit expected by the Advertiser is only present if the qualifying link produces a “valid” action by end users of the kind desired by the Advertiser. When compensated, actions are not valid, the Advertiser does not recognize the full benefit it expects from the action. One important reason Advertisers use affiliate marketing programs is that they permit the Advertiser to pay for an advertisement only if it generates an actual sale or other action valued by the Advertiser. That fundamental feature of affiliate marketing programs means that all offers made by Advertisers to pay Affiliate Ambassador’s compensation based on a specified end user action are interpreted by us as being offers to pay only for “valid” actions of that kind. This interpretation applies even if the offer does not expressly state that payment shall be made only for valid actions.
The determination of when a compensated action is “valid” depends primarily on the terms of the offer as stated by the Advertiser and/or by the Company. Advertisers have the discretion to structure their offers. They decide the kind of action that generates a fee or other compensation and its amount and they may make an Affiliate Ambassador’s entitlement to payment subject to any lawful conditions outlined in their offers. If Affiliate Ambassadors do not find the terms of a particular offer attractive, they can choose not to carry the qualifying link that is the subject of the offer. Once a Affiliate Ambassador accepts an offer, however, it is bound by the terms of that offer.
Some factors relevant to deciding if compensated actions are valid may not be expressly contained in the offer, but instead are logically implied by the kind of offer and its presumed business purpose. For example, a Advertiser who wants to generate leads by offering a “bounty” for each form completed is presumptively interested only in bona fide leads. If an Affiliate Ambassador, to increase its compensation, induces employees or other people who are not independently interested in the Advertiser’s services to click on the qualifying link and complete the form, then those visitors may not be bona fide leads. The Advertiser, therefore, should not be obligated to pay for those form completions. Similarly, an Advertiser who makes a pay-per-click offer is presumptively interested in increasing the number of actual visitors to its Site. An Affiliate Ambassador that uses a technology or methodology that inflates recorded clicks on a qualifying link should not be paid for those clicks, since they do not represent actual visits to the Advertiser’s Site by a viewer.
If we determine or believe that compensated actions that are attributable to your qualifying links are invalid, questionable or suspicious, then Marketing may terminate your participation in any or all Networks or affiliate marketing programs of Advertisers, and Advertisers may likewise terminate your participation in any or all of their affiliate marketing programs or withhold or require forfeiture of payments purportedly due to you. That is in addition to any other right or remedy available to us or any affected Advertiser. If your Website generates click-throughs or other compensated actions at rates that are higher than any Marketing Network or industry average, that appear inconsistent with the information known about the nature of your Website and its traffic, or that we otherwise determine to be questionable or suspicious, this may result in termination of your participation in any or all Networks or affiliate marketing programs of Advertisers, in with holding or forfeiture of payments purportedly due to you, or the exercise of any other right or remedy available to us or any affected Advertiser.
We or any Advertiser may from time to time institute other policies or requirements that determine your eligibility to accept click-through or other offers or define which clicks or other compensated actions are valid or otherwise eligible for payment. We may use any methods we deem advisable to detect and exclude clicks or other compensated actions that we consider invalid or questionable.
Fraudulent, abusive or illegal activity as an Affiliate Ambassador or participant in any Advertiser’s affiliate marketing program may result in referral to the appropriate law enforcement agencies for investigation and, where appropriate, prosecution.
9. INTELLECTUAL PROPERTY RIGHTS
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Company’s prior written permission.
Company name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Company. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
10. THIRD-PARTY WEBSITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its
advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third-party sites and your usage of them.
Company offers a three-day, money back refund period on the initial fees. All subsequent subscription fees are nonrefundable as the benefits of the service are realized immediately upon payment.
12. DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties without regards to this site, the information contained or received through use of this site, and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
13. LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
15. LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
16. CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Utah, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Utah, by assessing this site, both you and the Company agree that the statutes and laws of Utah shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Utah and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. This site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.
Any questions regarding this Agreement should be directed Wealth Power Tools, LLC, Attn: Legal Dept., [ADDRESS] or by writing to firstname.lastname@example.org.