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The following are terms and conditions for participating
in the Debt Payoff Accelerator Affiliate Program.
"Affiliate" refers to you, and "Debt Payoff Accelerator
" refers to Debt Payoff Accelerator and its
corresponding entities.
Debt Payoff Accelerator
reserves the right to amend this agreement as needed from time to time, and
Affiliate agrees that any such amendment will apply to Affiliate. The
continuation of Affiliate status or Affiliate's acceptance of income or
bonuses shall constitute Affiliate's acceptance of any
and all amendments.
1. Affiliate represents and warrants that he or she is
of the legal age of consent in all applicable jurisdictions or countries
and, in any event, is at least 18 years of age.
2. Affiliate will not engage in any SPAM of any kind,
nor will Affiliate engage in any unauthorized message board, messenger
service or other online posting. Debt Payoff Accelerator
also considers ANY type of advertisement about Debt Payoff Accelerator
posted to a newsgroup or chat room to be SPAM. For the purpose of this agreement , SPAM is defined as e-mailing ANYONE, in bulk
or by single mailing, about Debt Payoff Accelerator , who
has not specifically requested the information directly from Affiliate.
"Unsolicited" and "Unauthorized" are defined as any
solicitation not expressly requested or warranted by any organization or
site mentioned above. Use of SPAM may result in the immediate suspension or
termination of Affiliate account. Affiliate will also be in violation of
the Debt Payoff Accelerator Affiliate Agreement and subject
to legal action and be held liable for any
financial loss incurred by Debt Payoff Accelerator .
3. Affiliate will not engage in any advertising
utilizing spyware or adware of any kind. This includes
"permission" based adware software, used exclusively for the delivery
of popup or related ads. In the event that you have an application that
delivers advertisements, express permission must be
granted in writing from Debt Payoff Accelerator to
allow any promotion. Affiliate will also not attempt to "bundle" Debt Payoff Accelerator from Debt Payoff Accelerator
with any other software, regardless of user permission or otherwise,
unless expressly permitted to do so in writing by Debt Payoff Accelerator
. Debt Payoff Accelerator has no past or existing
"bundling" arrangement of any kind, so Affiliate shall not bundle
Debt Payoff Accelerator software with any other unless
expressly permitted in writing to do so by Debt Payoff Accelerator
.
4. Affiliate will not engage in any browser hijacking of
any kind, or any other interference with the normal functioning of a
potential website visitor's computer. This could include starting any process(es) not expressly
started by potential website visitor, including opening of a CD rom, or any other program or application. In keeping
with this, Affiliate is directly responsible to be in full compliance with
all pertinent law and the following two laws specifically: HR2929, the Securely Protect Yourself Against Cyber
Trespass Act, and HR4661, the Internet Spyware
Prevention Act of 2004.
5. Affiliate will not intentionally mislead any
potential website visitor to believe that a Debt Payoff Accelerator product is any other product. This
could include website content, or ads run on any search engine. Affiliate
will not use any product name in context of advertising
which could be misunderstood to be a Debt Payoff Accelerator
product, and therefore be misleading to the potential website visitor.
6. Affiliate will not use advertising, which is directly
false, distasteful or misleading.
7. Affiliate agrees to assume sole responsibility for
compliance with all applicable intellectual property laws and all other
federal, state and international laws. In the
event that Debt Payoff Accelerator should receive any
notification of claimed infringement by Affiliate, Affiliate agrees to
cooperate with Debt Payoff Accelerator in expeditiously
responding to such notification and resolving any claim of infringement. In
the event that an affiliate is unresponsive or unwilling to assist, Debt Payoff Accelerator will take any and all
measures to prevent Affiliate from further involvement in our program, and
will further cooperate in any law enforcement action as a result of said
Affiliate's actions.
8. Affiliate will be directly responsible for all tax
liabilities, including without limitation, liabilities to any agency with
respect to any earnings or payments made as a result
of affiliate's promotion of Debt Payoff Accelerator .
Affiliate further agrees to indemnify and reimburse Debt Payoff Accelerator
in the event of any claim for assessment by any foreign, United States
federal, state, and/or local taxing authority.
9. Affiliate agrees that a Debt Payoff Accelerator Affiliate is an independent contractor
and not an employee, agent, partner, legal representative, or franchisee of
Debt Payoff Accelerator . Affiliate further agrees not to
incur any debt, expense, obligation on behalf of, for, or in the name of Debt Payoff Accelerator .
10. All Affiliate applications are subject to approval
by Debt Payoff Accelerator
11. Affiliate agrees to receive Debt Payoff Accelerator
e-mail, including but not restricted to sales reports, training, plus
messages from Affiliate's Team Leader and/or Group Leader.
12. Affiliate agrees to present Debt Payoff Accelerator
products and services as set forth at the official Debt Payoff Accelerator
Website. Affiliate will make no claims regarding products or services
beyond what is stated at the official Debt Payoff Accelerator Website.
13. Debt Payoff Accelerator is not
responsible for technical problems, acts by third parties, or other events
outside our reasonable control which may
temporarily disrupt or diminish service.
14. Debt Payoff Accelerator reserves
all rights in or to its trademarks and servicemarks
but may be used by Affiliate in accordance with
this agreement. Affiliate may in no way display a Debt Payoff Accelerator logo, image, or trademark which may be
distasteful, defame, or misrepresent Debt Payoff Accelerator
.
15. Affiliate may not assign rights or delegate duties
under this Agreement without the prior written consent of Debt Payoff Accelerator . Upon request, Debt Payoff Accelerator
will provide Affiliate with guidelines for the sale, transfer, or
assignment of Affiliate's Debt Payoff Accelerator
business.
16. Affiliate agrees not to present others' creative
works-in full or in part-as his or her own nor engage in violation of
copyright agreements for any reason. Such violations could result in
suspension or termination of membership.
17. Debt Payoff Accelerator makes no
warranties expressed or implied with regard to Affiliate Program except as
outlined in this Agreement.
18. In the event that a provision of this Agreement is
held to be invalid or unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable,
and the balance of the Agreement will remain in full force and effect.
19. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT DEBT PAYOFF ACCELERATOR
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF DEBT PAYOFF ACCELERATOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR ACCESS TO, OR USE OF, THE
SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS
OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.
NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY
OF DEBT PAYOFF ACCELERATOR EXCEED THE GREATER OF THE
TOTAL PAYMENTS RECEIVED FROM YOU BY DEBT PAYOFF ACCELERATOR
DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY
CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH
CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
20. EARNINGS DISCLAIMER:
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND ITS POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN
ANY MONEY USING THE TECHNIQUES AND IDEAS OR SOFTWARE PROVIDED WITH THIS
WEBSITE. EXAMPLES IN THIS PAGE ARE NOT TO BE INTERPRETED
AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY
DEPENDENT ON THE PERSON USING THE INFORMATION INCLUDED TO THIS PAGE, THE IDEAS AND THE TECHNIQUES. WE DO NOT PURPORT THIS AS A
GET RICH SCHEME. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN
THIS PAGE DEPENDS ON THE TIME YOU DEVOTE TO THE 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 THIS PAGE MAY CONTAIN INFORMATION THAT INCLUDES
FORWARD-LOOKING STATEMENTS THAT 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.
21. Exclusions
and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN
LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID,
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE,
INCLUDING THOSE SET FORTH IN SECTIONS 19 and 20 DO NOT APPLY
22. Both Debt Payoff Accelerator and the Affiliate reserve the right to
terminate this agreement at any time. The term of this Agreement shall be
for a period of one year from the date hereof and shall automatically renew
upon each anniversary without further act of the parties unless either
party has terminated this Agreement by written notice to the other.
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