Terms
of Service...
The terms of service below apply to both advertisers and
resellers of products and services created by JAM Marketing Inc.,. The
term members is interchangeable and applies equally to Advertisers, Resellers, Associates,
and Affiliates.
These terms represent a contract between you and JAM
Marketing Inc., and as such the terms of the contract are fully
enforceable by law for all our Products and Services.
Membership Standards:
An Independent Reseller of JAM Marketing Inc.,
Products and Services agrees to always act honestly and fairly in a way
that will enhance the reputation of the Member and JAM
Marketing Inc., when representing JAM
Marketing Inc., Products and Services.
A Member agrees to always offer full support as a sponsor of their personally referred
members and future prospective members. This includes avoiding deceptive or illegal
practices and making untrue claims regarding JAM Marketing
Inc., Products and Services, and administrative officers.
A Member agrees to not make public projections and claims regarding the income potential
of any member, including themselves and a Member understands that the success of other
Member's may differ substantially and is determined by many variables uncontrollable by JAM Marketing Inc.,.
When promoting JAM Marketing Inc., Products
and Services a member agrees to be respectful of all prospective Members. This
includes respectful acceptance of all prospective Member comments and questions as well as
their privacy concerns.
A Member agrees to be and understands that they are solely responsible for any and all
legal and financial obligations that could result from any JAM
Marketing Inc., Products and Services Membership. This
includes but is not limited to self-employment taxes, income taxes, sales/use taxes, etc.
A member understands that if they have questions pertaining to any of the legal documents
supporting JAM Marketing Inc., Products
and Services they should contact the Support Team of JAM
Marketing Inc., for the most up to date answers to resolve those
questions, or view the latest terms of services at the products or services website.
Ads placed on the network by members must be...
- Text format only
- URL's must be inserted in the correct places and not where
the copy or heading should be.
- URL's must not contain any frame breakers.
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Membership Details:
An Independent Reseller of JAM Marketing Inc.,
Products and Services is required to understand and abide by the rules,
terms, and policies outlined by JAM Marketing Inc.,.
JAM Marketing Inc., reserves the right to
change their rules, terms, and policies at any time as they deem appropriate.
JAM Marketing Inc., Products and
Services comply with all federal, state, provincial, and local laws, as well as
all statutes and regulations governing Network Marketing and Internet Advertising and
requires every Reseller to do the same.
Independent Reseller Status:
An individual may become an Reseller by agreeing to comply with all JAM
Marketing Inc., Products and Services Policies and Terms
and Conditions. An applicant wishing to become an Reseller or Advertiser must fill out the
appropriate registration form online.
JAM Marketing Inc., reserves the right to
reject any person wanting to become an Independent Reseller or Advertiser,or withdraw the
active status of an Independent Reseller or Advertiser for any reason. Withdrawal of a
Member's active status by JAM Marketing Inc.,
for any of their Products and Services after any fees have been collected
may be refundable at JAM Marketing Inc.,'s discretion, and depends solely on the reason for
termination of the Member's account.
Any personal information collected on the Croc-Ads registration form will be retained in
accordance with JAM Marketing Inc., Privacy
Policy.
Use of Autoresponders:
Members must maintain an active, reachable email address at all times. We recommend gmail.
You can get a free account here http://mail.google.com
- Autoresponders are strictly banned from our systems and any members found using them
will have their accounts instantly terminated from the JAM
Marketing Inc., Products and Services Network.
Refund Policy & Chargebacks:
Once you have completed any purchase at any of JAM Marketing
Inc., Products and Services websites, you acknowledge
that you have read the terms of service fully and that you voluntarily agree to be bound
by these terms which include a zero refund policy, and that you expressly agree to forego
any and all refund claims.
JAM Marketing Inc., offers advertising
services and makes no claim to suitability or performance. Results depend on many factors
beyond JAM Marketing Inc.,'s
control. We simply display your offers to a targeted audience. It is up to your ads sales
copy to entice the audience to click on your website link.
Member Rights:
All active Members are authorized to promote and sell the advertising services of JAM Marketing Inc.,, by advertising their own JAM Marketing Inc., Products and Services
web site, and in doing this, quality to earn commissions for all advertising sold through
their reseller site.
Legal Age:
Members must be of legal age, or age of the majority (whichever maintains precedence) in
the state, province, or country of their primary residence. JAM
Marketing Inc., reserves the right to ask any Member to provide proof of
age for any reason.
Multiple Member Accounts:
Members may not have more than one active account in any JAM
Marketing Inc., Products and Services website. Any and
all information held by JAM Marketing Inc.,
in a Member's record can be used at the discretion of JAM
Marketing Inc., to determine if a Member has direct ties to more than one
account.
JAM Marketing Inc., reserves the right to
terminate additional accounts held by the same Member and the Member him/herself risks
immediate termination for violating the JAM Marketing Inc.,
Products and Services Terms and Conditions.
Member Account Names:
A person many not enroll as a Member of any JAM
Marketing Inc., Products and Services websites using a
fictitious personal name or corporate name. The name associated with a Member's account
must be their legally registered name or business/corporate name.
Independent Member Status:
All Members are independent contractors of JAM Marketing
Inc., Products and Services. Membership accounts with any
JAM Marketing Inc., Products and
Services websites are not franchises, joint ventures, or partnerships with JAM Marketing Inc.,, unless otherwise specific by
the management, nor does any Member count as an employee, agent, or administrator for JAM Marketing Inc.,. Members are strictly
prohibited from stating or implying that they hold or maintain any other type of
relationship with JAM Marketing Inc.,.
Members, both active and inactive have no authority to bind the Company to any obligation.
Member Identification:
Members may be required at any time to provide JAM Marketing
Inc., with a valid government-issued tax identification number (or other
means of identification as mandated by the Resellers home domicile tax authority), as well
as a current and valid billing and mailing address, phone number and e-mail address.
This personal information gathered at any JAM Marketing
Inc., Products and Services website will be used for
purposes pertaining to a Members account only and will be kept in a secure location by JAM Marketing Inc.,.
Failure to provide such requested information and proof that it is current may result in
(a) termination of the Member's Membership, (b) forfeiting of any and all commissions due.
Any penalties or fines that may result from issuing an incorrect tax identification number
or other personal information to JAM Marketing Inc.,
will be the sole responsibility of the Member.
Member Advertising and Account Rules:
Exclusive Marketing Territories:
Unless it is implied through formal written documentation by JAM
Marketing Inc.,, no Member has exclusive marketing and sponsorship rights
over a specific territory. Members found to be implying such rights risk immediate
termination from any and all JAM Marketing Inc.,
Products and Services websites.
Exclusive Marketing Methods:
Unless it is implied through formal written documentation by JAM
Marketing Inc.,, no Member has been given the authority to supply other
Members with exclusive marketing material, methods, leads, etc. Members found to be
implying such rights, either online or offline, risk immediate termination from any and
all JAM Marketing Inc., Products and
Services websites.
Member Legal Compliance and Taxation:
It is the Members responsibility to stay informed and comply with all international,
federal, state and/or provincial statutes, laws and regulations, and all local ordinances
and rules concerning all aspects of any JAM Marketing Inc.,
Products and Services website business. Members are responsible for their
own managerial decisions and expenditures, including taxes. Since no Member is a JAM Marketing Inc., Products and Services
employee, with respect to any law, statute or rule for federal or state tax purposes JAM Marketing Inc., is not responsible for payment
or co-payment of any employee benefits and/or taxes.
Members will not be treated as franchisees, joint ventures, partners, employees or agents
with respect to the United States Internal Revenue Code, Social Security Act, any federal,
state and/or provincial unemployment act(s), or any federal, state, provincial or local
laws, statutes, ordinances, rules or regulations. All Resellers are considered to be
Independent Contractors, with status dictating a non-employee status in all foreign
locations.
Confidential Information:
All information found in any of JAM Marketing Inc.,
Products and Services Members Only websites is considered proprietary and
confidential and for access by Members only. Information pertaining to other Members on
any JAM Marketing Inc., Products and
Services website must not be shared with non Members or any third party.
Restricted Countries:
Due to legal and tax considerations JAM Marketing Inc.,
may be forced to exclude residents of certain countries from becoming an active Member of
their programs.
Any Member found to be recruiting, targeting advertisements to, training residents of, or
doing any other activity related to building any JAM
Marketing Inc., Products and Services website in
restricted countries risk immediate termination.
Creating a New Member Account:
With one exception Members are strictly prohibited from canceling their active Membership
and rejoining with a different sponsor.
At the discretion of JAM Marketing Inc.,,
there may be one exception offered to those Members who clearly accidentally enrolled into
any JAM Marketing Inc., Products and
Services website at the wrong Member's affiliate web site.
Croc-Ads Web Site Materials and Content:
The name JAM Marketing Inc., Products
and Services, all copyrighted material, Intellectual Property, JAM Marketing Inc., Products and Services
websites logos, and the names of all Company products and services are the intellectual
property of and owned by JAM Marketing Inc.,.
Only JAM Marketing Inc., is authorized to
produce and market products, materials and literature under these intellectual property
rights.
Use of the JAM Marketing Inc., name in any
manner not approved or authorized by JAM Marketing Inc.,,
or without the terms Independent Reseller is prohibited.
Communications and Advertising:
In all written promotional and information content both online and offline pertaining to JAM Marketing Inc., Products and Services,
Members are permitted to use the websites name as long as they have received company
approval and all information is accompanied by the term Independent Reseller.
Any Member found to be transmitting, displaying, or sharing any form of self constructed
marketing material pertaining to any JAM Marketing Inc.,
Products and Services website including online and offline written
material, endorsements, conducting live interviews, giving speeches, trade shows, etc.
without written consent from JAM Marketing Inc.,
will risk immediate termination.
Telephone and Fax Solicitation:
Members are prohibited from using the JAM Marketing Inc.,
name or copyrighted materials with automatic calling devices, call centers, and fax
broadcasts to solicit new business.
E-mail Solicitations:
JAM Marketing Inc., Products and
Services do not condone or tolerate the use of Unsolicited Commercial E-mail
(UCE), Unsolicited Bulk E-mail (UBE) or Spam. All e-mails sent out by a Member to promote
their JAM Marketing Inc., Products
and Services websites must fully comply with JAM
Marketing Inc.,'s strict No Spam Policy.
Failure to comply will result in immediate termination of the guilty Member's account with
all pending commissions forfeited and no further access to the Members Only Site.
Income Claims:
No income projections, whether supported mathematically or otherwise, may be made public
to other Members or any prospective Members. No JAM
Marketing Inc., Products and Services Member is permitted
to display their earned commissions as enticement to a prospective Member. Members cannot
guarantee commissions, bonuses, etc., to any other members and this implies a direct
knowledge of another persons ability or lack of ability.
Member Compensation Details:
Payment Options:
Prospective Members of any JAM Marketing Inc.,
Products and Services website are required to first attempt their
purchase using a credit card. If the purchase fails an option to purchase via eCheck will
be displayed.
Future Payments:
In the event that a monthly payment option is declined for up to three (3) attempts,
failure to resolve the non-payment will cause a Members account to be cancelled.
Price Changes:
All JAM Marketing Inc., Products and
Services are subject to change without prior notice. Current prices for all JAM Marketing Inc., Products and Services
can be found on the appropriate web site.
Membership Cancellation:
A Member may voluntarily terminate his/her Reseller status by clicking the Cancel
Membership link at the bottom of any page in the Members Only Site and following the
simple instructions.
Voluntary termination is effective immediately when a Member follows through with the
cancellation procedure in the Members Only Site.
A Member who voluntarily terminates his/her Membership may establish a new Membership
immediately as long as they retain the same sponsor for their new account.
A member wanting to establish an account with a new sponsor must wait three (3) months
from the date of voluntary termination before making a new Membership.
Suspension/Termination:
A Member may be suspended, terminated or have certain privileges revoked for violating the
terms and/or policies outlined by JAM Marketing Inc.,.
Any discipline applied to a Member account is at the sole discretion of JAM Marketing Inc.,.
Suspended Members may not represent him/herself as a JAM
Marketing Inc., Products and Services website Reseller.
All access to the Members Only Site and automated marketing system will be denied. The
suspension period shall be no less than 15 days and the duration is at the discretion of JAM Marketing Inc., only. Any commissions or
bonuses due may be held by JAM Marketing Inc.,
for the duration of the suspension and pending resolution of any issues relative to the
suspension. Suspensions take effect immediately upon notification of suspension being sent
by JAM Marketing Inc.,.
Effect of Termination:
In the event that a Member is terminated by JAM Marketing
Inc., for violation of the terms and/or policies, effective as of the date
of such termination, the Reseller can no longer sell any JAM
Marketing Inc., Products and Services nor can they
sponsor other new Resellers. The terminated Reseller also loses all rights to future sales
commissions, bonuses and access to the Members Only Site.
Payment Method:
JAM Marketing Inc., pays Member commissions
via PayPal, AlertPay and e-Gold. It is incumbent on the member to enter their payment
details in their member profile area when joining in order to be paid commissions. JAM Marketing Inc., will not chase a member who
fails to enter their payment details and a member risks losing their commission by not
entering this information.
Commission Payment Schedule:
Member commissions are paid on the 1st and 15th of each month 15 days.
Membership Agreement:
Amendments and Modifications:
JAM Marketing Inc., reserves the right to
amend any of their website(s) governing documents, Policies, Procedures, Terms and
Conditions, company web sites, etc. at any time, as the Company in its sole discretion
deems appropriate.
Changes are considered effective and binding on all Members as of the date of them being
presented live on the JAM Marketing Inc., Products
and Services website. Member who continue to participate in any JAM Marketing Inc., Products and Services
website program, after such amended policies have been published and/or after being
notified by JAM Marketing Inc., or otherwise
becoming aware of such amendments, shall be deemed to have accepted and agreed to any such
amended policies, terms and requirements.
Non-Waiver Provision:
No failure, delay or omission of JAM Marketing Inc.,
to exercise any right, power or provision contained within the JAM
Marketing Inc., Policies and Procedures shall constitute a waiver of JAM Marketing Inc., right to demand exact
compliance with all terms and provisions contained within the JAM
Marketing Inc., Terms and Conditions on future defaults by any member.
Indemnity Agreement:
In consideration for receiving any JAM Marketing Inc.,
Products and Services and/or for participating in any JAM Marketing Inc., Products and Services
website programs such as the affiliate program or contests, each Member agrees to
indemnify and hold harmless JAM Marketing Inc.,,
its parent company JAM Marketing Inc., it's shareholders, general/limited partners,
successors, employees, agents, attorneys, officers and directors in any corporate or other
business capacity from and against any and all demands, liabilities, losses, costs,
penalties, obligations, interest, damages and expenses of whatever nature or kind,
including without limitation attorneys fees (including both outside and in-house counsel),
and all other expenses, related to or arising from participation in any JAM Marketing Inc., program.
This indemnity specifically extends to include without limitation any actions, results,
causes of action or allegations in connection with (i) any Resellers JAM
Marketing Inc., Products and Services website business
and its affiliates activities as a JAM Marketing Inc.,
Products and Services website Reseller; (ii) any breach of any terms,
policies and conditions agreed to by the Reseller and/or contained in any JAM Marketing Inc., Products and Services
website Policies and Procedures, or; (iii) violation of any federal, state, provincial
and/or local law, statue, ordinance, rule or regulation.
Entire Agreement:
All JAM Marketing Inc., Products and
Services website Terms and Conditions and Policies, as well as all other JAM Marketing Inc., Products and Services
website governing documents, are hereby incorporated into a Members Membership with any JAM Marketing Inc., Products and Services
website. These together constitute the entire agreement of JAM
Marketing Inc., and any Member regarding their business relationship, and
supersedes and cancels all prior and contemporaneous agreements, claims, representations
and understandings, oral and/or written, by or of the parties in connection with the
subject matter hereof.
Severability:
If, under any applicable and binding law or rule of any applicable jurisdiction, any
provision of these Terms and Conditions and Policies, or any specific standard or
operating procedure which JAM Marketing Inc.,
has prescribed, is held to be invalid or unenforceable, JAM
Marketing Inc., shall have the right to modify the invalid or
unenforceable provision, specification, standard or operating procedure or any portion
thereof to the extent required to be valid and enforceable. The parties shall be bound by
any such modification, and the modification will be effective only in the jurisdiction(s)
in which it is required. Notwithstanding any such modification, if any provision of the JAM Marketing Inc., Products and Services
website Terms and Conditions shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the remainder of the JAM Marketing Inc., Products and Services
website Terms and Conditions and Policies, and shall not affect the validity and
enforceability of any remaining provisions, nor shall it affect any other standard and
operating procedures which JAM Marketing Inc.,
has prescribed.
Croc-Ads Liability:
To the extent permitted by law, no JAM Marketing Inc.,
Products and Services website shall be liable for, and all Members
release JAM Marketing Inc., from and waive
all claims concerning, any loss of profits, any special or consequential damages, or any
other losses incurred or suffered by any Reseller and/or Subscriber as a result of: (a)
the breach by the Reseller and/or Advertiser of the terms and conditions specified in any JAM Marketing Inc., Products and Services
website Terms and Conditions or Policies and/or (b) the failure by a Reseller or
Advertiser to provide any information or data required by JAM
Marketing Inc., Products and Services website to operate
its business and/or to conform to applicable laws; and/or (c) any incorrect or falsified
information provided, intentionally or not, by any Reseller, Advertiser, or by any agent
or authorized representative of any such Member.
No Agency or Third-Party Beneficiary:
JAM Marketing Inc., is not the agent,
fiduciary, trustee or other such representative of any Member. Nothing expressed or
mentioned in or implied from these Terms and Conditions is intended to be construed to
give to any person other than the parties hereto any legal or equitable right, remedy or
claim under or in respect to this Agreement. This Agreement and all of the
representations, warranties, covenants, conditions and provisions of JAM
Marketing Inc., Products and Services website Terms and
Conditions are intended to be and are for the sole and exclusive benefit of JAM Marketing Inc., and the agreeing Member.
Jurisdiction and Applicable Laws:
The exclusive jurisdiction for any claim, controversy, lawsuit or resolution of any matter
relating to or arising under any JAM Marketing Inc.,
Products and Services website Terms and Conditions or Policies shall be
the state of New York. The laws of New York govern this Agreement and all of its terms and
conditions, without regard to any conflict of laws principles.
Arbitration:
Except as noted herein, any dispute, controversy and/or claim arising out of or relating
to any JAM Marketing Inc., Products
and Services website, the business opportunity, products, and/or any rights and
obligations of a Member, or any other claims or causes of action relating to the
performance under these Agreements by either JAM Marketing
Inc., or any Member and/or a Members purchase of any JAM
Marketing Inc., Products and Services shall be submitted
exclusively before binding arbitration, with hearings to be held in New York City, or such
other location as JAM Marketing Inc., may
designate in its sole discretion.
Each party to the arbitration shall be responsible for its own costs and expenses of
arbitration, including legal and filing fees. The decision of the arbitrator shall be
final and binding on the parties and may be reduced to judgment in any court of competent
jurisdiction. This agreement to arbitration shall survive any termination or expiration of
the Member Agreement. Notwithstanding the foregoing, the arbitrator shall have no
jurisdiction over disputes relating to the ownership, validity or registration or any mark
or other intellectual property, or any confidential or proprietary information belonging
to or held by JAM Marketing Inc.,, without JAM Marketing Inc., prior written consent.
JAM Marketing Inc., may seek any applicable
remedy in any appropriate forum with respect to disputes and any money owed to JAM Marketing Inc.,. In addition to monetary
damages, JAM Marketing Inc., may obtain
injunctive relief in any appropriate jurisdiction against any individual for any
violation(s) of JAM Marketing Inc., Products
and Services websites Terms and Conditions and violation or misuse of them and
all governing documents of JAM Marketing Inc.,
Products and Services websites.
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