The following are terms and conditions for participating in the Total Innovations, Inc. Affiliate Program. "Affiliate" refers to you, and "Total Innovations, Inc." refers to Total Innovations, Inc. and its corresponding entities.
Total Innovations, Inc. 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. Total Innovations, Inc. also considers ANY type of advertisement about Total Innovations, Inc. 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 Total Innovations, Inc. , 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 Total Innovations, Inc. Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by Total Innovations, Inc.
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 Total Innovations, Inc. to allow any promotion. Affiliate will also not attempt to "bundle" software from Total Innovations, Inc. with any other software, regardless of user permission or otherwise, unless expressly permitted to do so in writing by Total Innovations, Inc. Total Innovations, Inc. has no past or existing "bundling" arrangement of any kind, so Affiliate shall not bundle Total Innovations, Inc. software with any other unless expressly permitted in writing to do so by Total Innovations, Inc.
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 Total Innovations, Inc. 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 Total Innovations, Inc. product, and therefore be misleading to the potential website visitor.
6. Affiliate will not use advertising which is directly false 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 Total Innovations, Inc. should receive any notification of claimed infringement by Affiliate, Affiliate agrees to cooperate withTotal Innovations, Inc. in expeditiously responding to such notification and resolving any claim of infringement. In the event that an affiliate is unresponsive or unwilling to assist, Total Innovations, Inc. 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 Total Innovations, Inc. . Affiliate further agrees to indemnify and reimburse Total Innovations, Inc. 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 Total Innovations, Inc. Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Total Innovations, Inc. Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of Total Innovations, Inc.
10. All Affiliate applications are subject to approval by Total Innovations, Inc.
11. Affiliate agrees to receive Total Innovations, Inc. 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 Total Innovations, Inc. products and services as set forth at the official Total Innovations, Inc. Website. Affiliate will make no claims regarding products or services beyond what is stated at the official Total Innovations, Inc. Website.
13. Total Innovations, Inc. 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. Total Innovations, Inc. 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 Total Innovations, Inc. logo, image, or trademark which may be distasteful, defame, or misrepresent Total Innovations, Inc.
15. Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of Total Innovations, Inc. Upon request, Total Innovations, Inc. will provide Affiliate with guidelines for the sale, transfer, or assignment of Affiliate's Total Innovations, Inc. 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. Total Innovations, Inc. 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. Total Innovations, Inc. shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if Total Innovations, Inc. has been advised of the possibility of such damages. Total Innovations, Inc. aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the amounts paid or payable by Total Innovations, Inc. under this agreement.
20. Both Total Innovations, Inc. 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.