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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