Our members are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following member’s agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
PLEASE READ THE ENTIRE AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RCI MEDIA LLC, THE SERVICE PROVIDER OF THIS NETWORK (HEREAFTER “NETWORK”). BY SUBMITTING YOUR ONLINE APPLICATION FOR REGISTRATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND AND RESPONSIBLE.
This Agreement contains the complete terms and conditions that apply to you becoming a Member of this website. Member is granted a limited, non-exclusive, non-sublicensable, non-transferable license to advertising-related services provided by our website (hereafter “Program”).
To begin the enrollment process, you will complete and submit the online application at on our server. The fact that we may auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. At our sole discretion, we may reject, suspended or terminate any aspect of your account if we determine that your website or other online media content is unsuitable for our program, including if it:
– Promotes sexually explicit materials
– Promotes hate or violence
– Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
– Promotes illegal content or activities
– Violates FTC and other government rules regarding false or deceptive advertising
– Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
– Contains software downloads with any type of deceptive or malicious intent (including malware, computer viruses, trojan horses, worms, loggers, and spyware)
– Is designed to misrepresent or confuse others in any way
– Offers any related products and/or services in competition to this website
– Is used in any way to SPAM or broadcast other UCE (Unsolicited Commercial Email)
– Does not comply with our rules, requirements or specifications as instructed (such as altering HTML codes)
– Violates the terms and conditions set forth on other affiliated websites, or websites in which we appear or are mentioned.
– Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
Member agrees not to interfere with the technical systems of this program in any way. Member shall not, and shall not authorize, incentivize nor encourage any third party to directly or indirectly provide fraudulent payment or other false information, generate invalid earnings, or views/impressions of or clicks on any media, or any action events through any automated, deceptive, incentivized, fraudulent or other invalid means. Full adblocks must be shown and embedded onto a page next to actual content (not inside any frames or overlaying page content).
DEPOSITS AND BILLING
Member understands and agrees to pay, in advance, any and all fees, charges and invoices levied on their account for services provided by this website. Member hereby agrees to deposit adequate funds in advance that cover all agreed charges, and further authorizes the service provider, RCI MEDIA LLC and/or its assigns, to charge member’s bank, credit, debit or other payment method(s) for all amounts owed by member under this agreement and any agreed advanced deposit amounts on an ongoing basis while access and/or services are rendered to member during the term of this agreement. All sales are final, however, any unused deposit proceeds are refundable upon request for thirty (30) days, after which, credit may be applied toward future services offered by this website.
As a member of our program, we may pay you a portion of the revenue we receive that are directly attributable to your participation in our program. Unless otherwise indicated, payment terms shall be net thirty (30) days after the end of each calendar month. Until revenue shares are approved and paid to you, they will be considered estimates and will be subject to audit, review and adjustment. All revenue shares are agreed to be independent vendor payments for tax and legal purposes, and shall not be deemed salaries, wages, dividends or interest payments in any way. You agree to refund us for any deception, fraud or other invalid earnings gained by you and any members managed by you as set forth in “Member Obligations” and “Prohibited Uses” above.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, equity venture, agency, franchise, or employment relationship between you and us. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Program. You will be responsible for complying with all Federal, State and local laws regarding business permits, sales permits, business reporting requirements, applicable tax laws and any other legal requirements of any kind that may be required. You will have no authority to make or accept any offers or representations on our behalf. You agree not to make any statement that would contradict anything in this Section.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that: This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and; You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party and; You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
You hereby agree to indemnify, save and hold harmless the operators of this website, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including penalties, interest, and reasonable attorneys’ fees) for any claim related to your participation in our program, including, without limitation, content therein not attributable to us.
Every effort has been made to accurately represent our products, information and potential associated with your purchase. However, we make no guarantees or claims of earnings whatsoever. We are strictly an Advertising Network Technology and Services Provider, and under no circumstances is any “Business Opportunity” nor “Franchise”, as defined by the FTC, being offered or tendered under this agreement. As such, we cannot provide, assist with nor guarantee any potential customers or accounts. Examples in our material, including our sales pages and marketing campaigns, are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, techniques and the effort put forth. We do not purport this as a “get rich scheme.” Your level of success in attaining any results shown in our materials depends on the time you devote to the program, ideas and techniques mentioned, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or any income level. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements 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,” “believe,” “plan,” 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 future 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 those featured in testimonials or case studies presented by our company. Testimonials and examples used on our website and in marketing material represent unique experiences, and in some cases extraordinary results and do not serve as a guarantee that you will experience the same, or similar results. Your purchase and use of our information should be based on sound judgement and proper due diligence, and not on any representation, including testimonials, case studies, examples and success stories offered throughout website or marketing materials.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF THE ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, SECURITY BREACHES OR ERRORS.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT PAID DURING THE 90 DAY PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE DURING THIS AGREEMENT.
Either you or we may end this Agreement AT ANY TIME, with or without cause. To close your account, you agree to use the online “Close Account” form provided to you in your control panel (located under Account Settings | Close Account). If we terminate your account, an email (electronic mail) will be sent to your last known email address on file notifying you of termination. In addition, this Agreement will terminate immediately upon any violation of Terms of this Agreement. Upon default or termination, all rights provided to you under this agreement including unpaid earnings shall be forfeited.
We may modify any of the terms and conditions in this Agreement at any time, with or without notice and at our sole discretion. It will be your responsibility to review our terms of service on an ongoing basis. Modifications may include, but are not limited to changes in payment procedures and/or program rules and requirements. If any modification is unacceptable to you, your only option is to end this Agreement by closing your account. Your continued participation in our program following the posting of an updated Agreement on our website will indicate your agreement to the changes.
Member agrees not to disclose any information located in the private members area of this website to any third party without our prior written consent. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
You may not assign your rights or obligations under this Agreement to any party, without prior consent and approval from the Service Provider. Time is of the essence. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, USA without regard to the conflicts of laws and principles thereof. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees, whether or not a suit is actually filed.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.