| By
signing up as an affiliate with CashFlowJoe.com,
you agree to the following Terms of Service.
This agreement is by and between Win Media
and/or their assigns and all subscribers.
Unless the context requires otherwise, Win
Media. and/or their assigns shall be referred
to as 'us, we, or our' and you shall be referred
to as 'you, your or subscriber.'
You understand that Win Media. and/or their
assigns does not guarantee or predict any
type of profit or response from said services.
Subscriber agrees to hold Win Media harmless
from and against any and all losses, claims,
expenses, suits, damages, costs, demands
or liabilities, joint or several, of whatever
kind or nature which Win Media and/or their
assigns may become subject arising out of
or relating in any way to the use of the
services provided under this agreement,
including, without limitation, in each case
attorneys' fees, costs and expenses actually
incurred in defending against or enforcing
any such losses, claims, expenses, suits,
damages or liabilities.
A. Services to be Provided.
We agree to pay you certain commissions
as described on our website for referral
sales made by customers. All commissions
are tracked and payouts will be made on
the 1st and 15th of each month by our credit
card processor Clickbank.
B. Termination. We may
terminate your account:
(a) if you violate our Terms Of Service
Policy; (b) promote Win Media in a manner
that is unethical or inappropriate; or (c)
for any reason, in our sole discretion.
C. No Warranties. WE MAKE
NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED
OR IMPLIED, WITH RESPECT TO THE SERVICE
Win Media , ITS SUBCONTRACTORS AND AFFILIATES
PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS OF
THIS SERVICE FOR A PARTICULAR PURPOSE. We
shall not be liable for any damages suffered
by you, whether indirect, special, incidental,
exemplary, or consequential, including,
by not limited to, loss of data or service
interruptions, regardless of cause or fault.
We are not responsible for your lost profits
or for your loss of data or information.
If notwithstanding this clause we are held
liable to you.
D. TERMS. You agree: (1)
to use our system in a manner that is ethical
and in conformity with community standards;
(2) to respect the privacy of other users
(you shall not intentionally seek data or
passwords belonging to other users, nor
will you modify files or represent yourself
as another user unless explicitly authorized
to do so by that user); (3) to respect the
legal protection provided by copyright law,
trade secret law, or other laws protecting
intellectual property. 4) to accept commercial
emails from us.
If we learn of a violation or likely violation
of our TERMS OF SERVICE, we will attempt
to notify you. If you do not take immediate
remedial action which is satisfactory to
us, or in the event of a serious violation
of the TERMS OF SERVICE, we reserve the
right to terminate your account immediately.
Every effort will be made to inform you
prior to account termination, and to re-establish
your account upon receiving such representations
from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY
AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM
AS PART OF ANY BULK EMAIL CAMPAIGN. You
may also be subject to fines and legal actions
as a result of your bulk email promotion..
E. Assignment. This agreement
is personal to you. You may not assign your
rights under this agreement without our
prior written consent. If you do assign
your rights, as would be the case were someone
other than you to use your account, you
shall remain liable to us for any fees due
under this agreement. We may assign this
agreement at any time.
F. Change of Terms and Conditions.
We reserve the right to change the terms
and conditions of this agreement as needed.
Use of our servers by you after said changes
constitutes acceptance of those new terms
and conditions.
G. Notification of Account Changes.
You agree to provide us with such other
information relating to your use of this
service as we deem necessary or desirable.
You agree to notify us if your address,
email address, telephone number, billing
information changes.
H. Notices. All notices,
requests, demands, and other communications
under this agreement shall be in writing
and shall be deemed to have been given on
the date of delivery: if delivered personally
to the party to whom notice is to be given;
if sent by electronic mail with a cc: to
sender; if sent by fax; or on the third
day after mailing by first class mail.
I. General Provisions.
The subject headings of the articles and
sections are for convenience only, and shall
not affect the construction or interpretation
of any of its provisions. If any portion
of this agreement is found invalid or unenforceable,
that portion shall be severed and the remainder
of this agreement shall remain in force.
This agreement constitutes the entire agreement
between us pertaining to its subject matter
and supersedes all of our prior agreements,
representations, and understandings. Subject
to Section I, no supplement, modification,
or amendment of this agreement shall be
binding unless executed in writing by both
parties. No waiver of any of the provisions
of this agreement shall be deemed, or shall
constitute, a waiver of any other provision,
whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver
shall be binding unless executed in writing
by the party making the waiver. This agreement
may be executed in one or more counterparts.
Each shall be deemed an original, but all
of which together shall constitute one and
the same instrument. If an organization
is the subscriber, the individual signing
up for our services represents that he or
she is duly authorized to enter into this
agreement on behalf of that organization.
In the event of a dispute, the parties agree
to submit the matter to the Community Dispute
Resolution Service or any recognized Arbitration
Board located within our state and county,
before instituting litigation. |