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ProRewards Terms of Service
ProRewards Reseller Agreement
BY CLICKING ON "I agree to the Terms of Service" ON THE ProRewards Reseller Control Panel page, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. THEREFORE, PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, PLEASE CLICK "Cancel" ON THE APPLICATION PAGE.
BizLand, Inc., a Delaware corporation, with offices at 70 Blanchard Road, Burlington, MA 01803 ("BizLand.com") and You (also referred to herein as "Your"), in consideration of the mutual promises and conditions contained herein, hereby agree to the following:
1. Summary of Program- The BizLand.com ProRewards Reseller Program (the "Program") is designed to provide You with the opportunity to receive Rewards (as described below) for signing up your clients (each a "Client") for paid memberships with BizLand. In order to be entitled to earn a Reward under this Program, you must meet the following criteria ("Criteria"):
i) Your Client must be registered by You through the Online Control Panel in
Your Pro Members Area; (ii) Your Client must pay for a paid membership in
BizLand; and (iii) Your Client must be unique and your Client must have a
unique e-mail address. Your client should be in good standing (Your Client is not
previously registered to You or any other participant in the ProRewards Reseller
Program, remains an active paid member in good standing, and does not
cancel, has not been terminated, and has not requested charge-back, refund,etc.)
2. Permission To Use BizLand.com Links- Under this Program, You will be entitled during the term of this Agreement to display BizLand.com banners, buttons and/or hypertext (collectively referred to as "Links") on Your Web site and/or newsletter. BizLand.com hereby grants to You permission to download the BizLand.com Links on Your Web site, subject to Your compliance with the Links Guidelines below and all other terms and conditions set forth herein. You may only use the Links on the specific Web site(s) listed in Your application and approved by BizLand.com.
3. Link Guidelines-
A. No Alteration Allowed- The Links must not be altered in any way, including without limitation, text, design, color, font, proportions and animation. The Links may be displayed in a larger size, but it must be increased in size proportionally.
B. Required Link- The Links must always link to the URL provided by BizLand.com.
C. Positive Presentation- Your Web site must use the Links in a positive manner. The Links may not be used in a way that could reflect adversely on BizLand.com or its products. Neither Your website, nor any Client website, may violate the BizLand Terms of Service.
D. Compliance With Laws- You may not use the Links if Your Web site infringes any parties' intellectual property or other rights, contains or promotes "adult", pornographic or other obscene material or content, or violates any state, federal or international law. You will be responsible for any claims, costs and damages incurred by BizLand.com as a result of a violation of this Paragraph.
E. Representations and Warranties. You hereby represent and warrant to BizLand.com, with respect to each Client that You refer to BizLand under this Agreement, that You are duly authorized to act on behalf of such Client, to establish a paid membership with BizLand.com as contemplated by this Agreement, and to bind such Client to the Terms of Service governing such Client's membership and website.
4. Changes- BizLand.com reserves the right to change this Agreement, including without limitation, the Program, the Links Guidelines, the Rewards and the Quarterly Payment solely at its discretion. Changes will take effect when posted, provided however that for any material changes to the Rewards formula described below, BizLand.com will provide notice via e-mail of any such Rewards formula changes. If You do not agree to such changes, You may terminate this Agreement via e-mail to BizLand.com.
5. Quarterly Payment of Rewards - We will pay you a Reward in the amount set forth below for every Charter, Value or Pro Client that You register with BizLand that meets the Criteria stated above. You will receive a payment for each month your client is in good standing and listed in your Client Manager in the Members Area. Rewards will be paid quarterly subject to the terms of this Agreement.
You will receive the following amount for each month accounts are active and payments are up to date
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Charter membership |
: receive $2.50 each month. |
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Value membership |
: receive $3.50 each month. |
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Premier membership |
: receive $7.50 each month. |
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Elite membership |
: receive $9.00 each month. |
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Pro membership |
: receive $7.50 each month. |
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Commerce membership |
: receive $9.00 each month. |
Payments for Your Pro membership and for all clients listed in your Client Manager must be up to date on the date the ProReward checks are issued for You to receive payment.
Approximately 45 days after the end of each calendar quarter, BizLand.com will send you a check for all the Rewards earned during that quarter. However, if the amount of the Rewards payable to you for any quarter is less than $10.00, we will hold those Rewards until the total amount due is at least $10.00, or (if earlier) until this Agreement is terminated.
BizLand will pay the bonus earned if all of your client accounts are in good standing. Good standing is defined by BizLand's accounts receivable department as having a valid credit card number for billing, and having no outstanding payments due. If any one of the clients in Your account manager is not in good standing, BizLand reserves the right to hold payment until all accounts are successfully paid in full with the BizLand accounts receivable department.
6. Taxes- You are responsible for the payment of all taxes related to the commissions You earn under this Agreement.
7. Ownership and Property Rights- This Agreement shall not operate as a transfer to You of any rights in or to any of BizLand.com's trademarks or logos, except for the limited permission expressly granted hereunder. BizLand.com reserves the right in its sole discretion to terminate or modify permission to use the Links at any time. You acknowledge that BizLand.com's trademarks and logos are and shall remain the exclusive property of BizLand.com or the applicable third-party owner, and all use by You shall inure solely to the benefit of BizLand.com or such third-party owner, as applicable. BizLand.com reserves the right to take action against any use that does not conform to this Agreement, infringes any BizLand.com intellectual property or other right, or violates other applicable law.
8. Term and Termination- This Agreement shall continue until either party terminates this Agreement. Either party may terminate this Agreement upon notice via e-mail to the other, at which time all rights and obligations of the parties granted herein shall cease. In addition, BizLandreserves the right to immediately terminate this Agreement via e-mail notice if:
- You do not follow the Links Guidelines or otherwise breach this Agreement, as determined solely by BizLand.com's judgment or
- You attempt to manipulate, falsify or erroneously inflate visitor registrations (this is immediate ground for BizLand.com to terminate this Agreement with You) or
- You spam (send out unsolicited e-mail) people. Your failure to comply with this Agreement and the Criteria may result in forfeiture of any accrued Rewards.
9. No Warranty- BizLand.com DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING THE LINKS, INCLUDING WARRANTIES AGAINST INFRINGEMENT. BizLand.com WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, TERMINATION OF THIS AGREEMENT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
10. Miscellaneous- The parties hereto are independent contractors acting for their own accounts; may not bind, act for or represent the other; and have no agency, partnership or joint venture relationship. BizLand.com reserves the right to cancel Your Client Account and delete any such Client Account upon the request of such Client.This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. All notices and communications under this Agreement shall be in writing, and the same shall be given by e-mail (if to BizLand.com, to prorewards@BizLand-inc.com). This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings, both written and oral, which may have existed or exist between the parties with respect to the subject matter hereof. This Agreement may not be modified by You except by a writing signed by both You and BizLand.com.
11. Proper Age- BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE).
Updated 05/02
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