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Terms of Service.

 

The terms of service below apply to resellers and affiliates. The terma affiliates, resellers and members' are interchangeable and apply equally to Resellers, Associates, Agents and Affiliates.

These terms represent a contract between you and JAM Marketing Inc, the owner and author of All Your Lists In One Place, and as such the terms of the contract are fully enforceable by law.


Membership Standards:

An Independent Reseller of JAM Marketing Inc 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.

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, 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 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 their JAM Marketing Inc 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 they should contact the Support Team of JAM Marketing Inc for the most up to date answers to resolve those questions.

Membership Details:

An Independent Reseller of JAM Marketing Inc 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 complies 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 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 after any fees have been collected may be refundable at JAM Marketing Inc discretion, and depends solely on the reason for termination of the Member's account.

Any personal information collected on the JAM Marketing Inc registration form will be retained in accordance with JAM Marketing Inc Privacy Policy.


Use of Autoresponders:


Affiliates must maintain an active, reachable email address at all times. We recommend gmail. You can get a free account here http://gmail.com - Autoresponders are strictly banned from our system and any affiliates found using them will have their accounts instantly terminated from the JAM Marketing Inc Network.


Refund Policy & Chargebacks:

Once you have completed any purchase at the JAM Marketing Inc site, 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 unless otherwise specified on the site.


Member Rights:

All active affiliates are authorized to promote and sell the eBook 'All Your Lists In One Place', by advertising their own affiliate web site, and in doing this, quality to earn commissions for all advertising sold through their reseller site.

Legal Age:

Affiliates 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 affiliate to provide proof of age for any reason.

Multiple Affiliate Accounts:

Affiliates may not have more than one active account in any JAM Marketing Inc., website. Any and all information held by JAM Marketing Inc in an affiliate record can be used at the discretion of JAM Marketing Inc to determine if a affiliate has direct ties to more than one account.

JAM Marketing Inc reserves the right to terminate additional accounts held by the same affiliate and the affiliate him/herself risks immediate termination for violating the JAM Marketing Inc Terms and Conditions.

Affiliate Account Names:

A person many not enroll as an affiliate of any JAM Marketing Inc., website using a fictitious personal name or corporate name. The name associated with an affiliates account must be their legally registered name or business/corporate name.

Independent Affiliate Status:

All affiliates are independent contractors of JAM Marketing Inc. Affiliate accounts with any JAM Marketing Inc., website are not franchises, joint ventures, or partnerships with JAM Marketing Inc, unless otherwise specific by the management, nor does any affiliate count as an employee, agent, or administrator for JAM Marketing Inc. Affiliates are strictly prohibited from stating or implying that they hold or maintain any other type of relationship with JAM Marketing Inc. Affiliates, both active and inactive have no authority to bind the Company to any obligation.

Affiliate Identification:

Affiliates 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 will be used for purposes pertaining to an affiliates JAM Marketing Inc 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 affiliates JAM Marketing Inc 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 affiliate.

Affiliate 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. Affiliates found to be implying such rights risk immediate termination from JAM Marketing Inc.

Exclusive Marketing Methods:

Unless it is implied through formal written documentation by JAM Marketing Inc, no affiliate has been given the authority to supply other affiliates with exclusive marketing material, methods, leads, etc. Affiliates found to be implying such rights, either online or offline, risk immediate termination from JAM Marketing Inc.

Affiliates Legal Compliance and Taxation:

It is the affiliates 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 their JAM Marketing Inc. website business. Affiliates are responsible for their own managerial decisions and expenditures, including taxes. Since no Affiliate is a JAM Marketing Inc 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.

Affiliates will not be treated as franchisees, joint venturers, 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 the Affiliates Only Site is considered proprietary and confidential and for access by Affiliates only. Information pertaining to other Affiliates on the JAM Marketing Inc team must not be shared with non JAM Marketing Inc Affiliates 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 Affiliate of JAM Marketing Inc.

Any Affiliate found to be recruiting, targeting advertisements to, training residents of, or doing any other activity related to building their JAM Marketing Inc business in restricted countries risk immediate termination.

Creating a New Member Account:

With one exception affiliates 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 Affiliates who clearly accidentally enrolled into JAM Marketing Inc at the wrong Member's JAM Marketing Inc web site.

JAM Marketing Inc Web Site Materials and Content:

The name JAM Marketing Inc, all copyrighted material, Intellectual Property, JAM Marketing Inc logos, and the names of all Company products, services and websites 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., or 'All Your Lists In One Place' names in any manner not approved or authorized by JAM Marketing Inc, or without the terms 'Independent Reseller of JAM Marketing Inc' is prohibited.

Communications and Advertising:

In all written promotional and information content both online and offline pertaining to JAM Marketing Inc, Affiliates are permitted to use the JAM Marketing Inc., or 'All Your Lists In One Place' names as long as they have received company approval and all information is accompanied by the term Independent Reseller of JAM Marketing Inc.

Any affiliate found to be transmitting, displaying, or sharing any form of self constructed marketing material pertaining to JAM Marketing Inc., or 'All Your Lists In One Place' 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:

Affiliates are prohibited from using the JAM Marketing Inc., or 'All Your Lists In One Place' name or copyrighted materials with automatic calling devices, call centers, and fax broadcasts to solicit new business.

E-mail Solicitations:

JAM Marketing Inc does 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 an affiliate to promote their JAM Marketing Inc business must fully comply with JAM Marketing Inc strict No Spam Policy.

Failure to comply will result in immediate termination of the guilty affiliates JAM Marketing Inc 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 affiliates or any prospective Affiliates. No JAM Marketing Inc., affiliate is permitted to display their earned commissions as enticement to a prospective affiliate. Affiliates cannot guarantee commissions, bonuses, etc., to any other affiliates as this implies a direct knowledge of another persons ability or lack of ability.

Affiliate Compensation Details:

Payment Options:


Prospective affiliates of JAM Marketing Inc., or 'All Your Lists In One Place' are required to first attempt their purchase using a credit card. If the purchase fails an option to purchase via eCheck will be displayed.

Price Changes:

All JAM Marketing Inc services are subject to change without prior notice. Current prices for all JAM Marketing Inc products can be found on the appropraite JAM Marketing Inc web site.

Affiliate Cancellation:

An affiliate may voluntarily terminate his/her Reseller status by clicking the 'Cancel Membership' link at the bottom of any page in the affiliates Only Site and following the simple instructions.

Voluntary termination is effective immediately when an affiliate follows through with the cancellation procedure in the Members Only Site and is issued a 'Cancellation Code'. The code is to be kept on file by the cancelled Member and by JAM Marketing Inc as proof that the account was cancelled in case of future disputes or questions related to billing.

An affiliate who voluntarily terminates his/her affiliate account may establish a new affiliate account immediately as long as they retain the same sponsor for their new account.

An affiliate wanting to establish an account with a new sponsor must wait three (3) months from the date of voluntary termination before making a new account.

Suspension/Termination:

An affiliate 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 an affiliate account is at the sole discretion of JAM Marketing Inc.

A suspended affiliate may not represent him/herself as a JAM Marketing Inc 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 an affiliate 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 JAM Marketing Inc products 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 check. 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.

Affiliate Agreement:

Amendments and Modifications:

JAM Marketing Inc reserves the right to amend any JAM Marketing Inc 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 web site. Member who continue to participate in any JAM Marketing Inc 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 JAM Marketing Inc services and/or for participating in any JAM Marketing Inc 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 business and its affiliates activities as a JAM Marketing Inc Reseller; (ii) any breach of any terms, policies and conditions agreed to by the Reseller and/or contained in any JAM Marketing Inc 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 Terms and Conditions and Policies, as well as all other JAM Marketing Inc governing documents, are hereby incorporated into a Members Membership with JAM Marketing Inc. 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 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 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.

JAM Marketing Inc Liability:

To the extent permitted by law, JAM Marketing Inc shall not 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 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 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 these JAM Marketing Inc 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 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 JAM Marketing Inc, the JAM Marketing Inc business opportunity, JAM Marketing Inc 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 JAM Marketing Inc products 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 Terms and Conditions and violation or misuse of them and all governing documents of JAM Marketing Inc.



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