Web Site Agreement
ViralURL.com Web Site Agreement
The ViralURL.com Web Site (the "Site") is an online information
service provided by ViralURL.com ("ViralURL.com"),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. ViralURL.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are ViralURL.com, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
ViralURL.com a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to ViralURL.com by all
means and in any media now known or hereafter developed. You also
grant to ViralURL.com the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
ViralURL.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
ViralURL.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
ViralURL.com. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by ViralURL.com,
ViralURL.com does not operate, control or endorse any information, products or
services on the Internet in any way. Except for ViralURL.com -
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
ViralURL.com a. You also understand that
ViralURL.com cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. ViralURL.com PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND ViralURL.com SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
ViralURL.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
ViralURL.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ViralURL.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF ViralURL.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, ViralURL.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
ViralURL.com makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-ViralURL.com web site, please
understand that it is independent from ViralURL.com, and that
ViralURL.com has no control over the content on that web site. In
addition, a link to a ViralURL.com web site does not mean that
ViralURL.com endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless ViralURL.com, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of ViralURL.com and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of the state of NSW, Australia applicable to agreements
made and to be performed in Australia. You agree that any legal
action or proceeding between ViralURL.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in Australia. Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. ViralURL.com's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. ViralURL.com may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
7. Payments.
Produts & services sold by PayPal Australia or 2Checkout.com, Ohio, USA. Distribution and fulfillment is done by ViralURL.com, Toongabbie NSW, Australia.
8. Program Agreement.
Member is an independent contractor for ViralURL.com (Add2it.com) and no partnership will be formed by this agreement. Member is responsible for paying his/her own taxes on any revenue that is generated from participation in this program.
Any attempt to artificially inflate Member's referral fees will be grounds for immediate termination of this Agreement.
Member understands that ViralURL.com monitors all Member registrations and orders, and agrees that ViralURL.com may terminate this Agreement and withhold all referral fees due if Member is found in violation of this policy.
a) Referral Fees:
Purchase of products & services by Member's referred customers will earn Member referral fee. Referring yourself is not permitted!
b) Referral Fee Payments:
ViralURL.com will pay referral fees weekly through PayPal in U.S. dollars. Payments will be send 2 weeks after referral fees have been earned.
If you have a registered business in Australia, you have to provide your ABN number. Please note that if you are Australian and you don't provide an ABN #, you will either need to fill out a "Statement by a supplier" which is supplied by the ATO if you e.g. provided the advertising services for us as a hobby and mail the signed form to:
Add2it.com Marketing Pty Ltd
Frank Bauer, Dept. VU
3/152 Metella Rd
Toongabbie NSW 2146
Australia
Or if you don't enter your ABN number and don't mail us a "Statement by a supplier" we will have to deduct 50% from your commission (46.5% PAYG + 3.5% processing fee).
Either way, Australians without an ABN# will be paid quarterly instead of weekly.
c) Returns and Cancellations:
If a refund is requested by Member's customer for any product or service, the corresponding referral fee will be deducted from Member's commissions. The referral fee becomes immediately due to ViralURL.com if Member does not have any commission due.
d) NO SPAM!
ViralURL.com reserves the right to terminate your account and withhold all referral fees due if we find any kind of unsolicited e-mail containing ANY reference to any product created by ViralURL.com, our Web sites, or any connection that leads the recipient of said mail to our Web sites. These practices will NOT be tolerated.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic.
e) Emails from other Members:
As a ViralURL.com member with the membership type Free or Gold you agree to receive emails from other members through our system, that means your email address will remain secure with us and no 3rd party will have access to it. If you prefer not to receive emails, please DON'T signup for ViralURL.com or consider to upgrade to the Silver or Platinum membership level. Existing members can cancel their account at any time by logging into their accout, clicking on "Edit Account" and then clicking on the "Delete Account" link or upgrade to a Silver or Platinum membership level which opts the member out of receiving emails.
f) Emails to other Members:
As a ViralURL.com member you agree not to use missleading subjects in messages to other members! Members are required not to do anything that would be considered spam! The sending of any message that contains offensive, racial, sexual, adult only or immoral content is not permitted and can result in an immediate suspension of your account with no refunds granted.
g) Indemnification:
Member agrees that he/she shall defend, indemnify, save and hold ViralURL.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against it's members, officers, and employees, that may arise or result from any product or service provided, performed or agreed to be performed or sold by Member, it's members, employees or assigns.
h) Referral Links:
Member may provide a link from a Referring Web Site to the ViralURL.com Web Site or any Web Site owned by ViralURL.com and earn referral fees as outlined above. Member may not display the ViralURL.com name, image, or link in any way that may defame the ViralURL.com name or brand.
Member may not link to ViralURL.com from a Referring Web Site which promotes spam as described in this Agreement, sexually explicit material, violence, illegal activities such as software piracy, or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age.
i) Service Interruption and Tracking:
ViralURL.com will make every effort to ensure that its Web site is operational, and to track Member's referred customers. However, certain unavoidable technical difficulties may occasionally cause temporary service and tracking interruptions. Member agrees that ViralURL.com is not liable in any way for such interruptions.
ViralURL.com uses cookies and IP addresses to track visitors referred by Member. Every attempt possible will be made to credit Member for sales generated through Member's referral link.
j) References and Testimonials:
Member agrees to cooperate with ViralURL.com in the development of press releases, testimonies, and other such marketing materials. Member grants ViralURL.com unlimited rights to reference Member in any and all marketing materials, without further compensation.
k) Term and Termination:
This agreement will remain in effect for as long as ViralURL.com makes the service available, unless the agreement is terminated due to breach of its terms. ViralURL.com and Member have the right to terminate this agreement at any time by notifying the other party in writing. The final referral fee payment to Member may be withheld for a reasonable time in order to ensure that the correct amount is paid to Member.
l) Agreement Modification:
ViralURL.com reserves the right to change any of these terms and conditions, at any time and at its sole discretion, by posting a new agreement on the ViralURL.com web site and notifying Member via e-mail.
m) Governing Law:
This Agreement shall be governed by the laws of the state of NSW, Australia, and the parties agree that any claim, dispute or other difference shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the Australian Arbitration Association with arbitration to occur at a location selected by ViralURL.com.
9. Money Back Guarantee.
ViralURL.com gives a 30 days 100% money back guarantee on all membership fees. Purchased advertisement credits can be refunded within 30 days as long as the credits have not been used yet. If they have been partially used, a partial refund is possible within 30 days of purchase.
Any rights not expressly granted herein are reserved.
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PriorityDigital.com
Prepared for: ViralURL.com, All rights reserved.
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