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TERMS AND CONDITIONS
1.0 DEFINITIONS
DEFINITIONS1.1 In this Agreement:
In this Agreement:““Terms and Conditions”” means these Terms and Conditions as varied by NMC from time to time. ““NMC”” means Network Marketers.com, ““company”” means Network Marketers.com ““IBIS”” means Internet Business Income System. ““Independent Contractor”” means the relationship between NMC and participants. ““Products”” means the products and services available through NMC. ““You”” and related expressions means the participant in the IBIS program.1.2 Words indicating the singular include the plural and vice versa and words indicating the masculine include the feminine and neuter and vice versa.
Words indicating the singular include the plural and vice versa and words indicating the masculine include the feminine and neuter and vice versa.2.0 TERM OF THIS AGREEMENT
TERM OF THIS AGREEMENT2.1This agreement will come into force on the date participant starts using the IBIS program
This agreement will come into force on the date participant starts using the IBIS program3.0 RELATIONSHIP OF PARTIES
RELATIONSHIP OF PARTIES3.1 You and we are Independent Contractors and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Neither shall you claim any such relationships.
You and we are Independent Contractors and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Neither shall you claim any such relationships. 3.2 You have no authority to conclude contracts on NMC’s behalf or otherwise to bind NMC and you shall not hold yourself out as having such authority.
You have no authority to conclude contracts on NMC’s behalf or otherwise to bind NMC and you shall not hold yourself out as having such authority. 4.0PARTICIPATION
PARTICIPATION4.1You may begin your participation in the IBIS program at any time
You may begin your participation in the IBIS program at any time4.2You must not advertise, sell or offer our products for sale.
You must not advertise, sell or offer our products for sale.5.0ADVERTISING
ADVERTISING5.1You may not use the NMC name or logo or any of its trademarks, product or trade names or designs.
You may not use the NMC name or logo or any of its trademarks, product or trade names or designs.5.2Independent Contractors may not advertise concerning NMC or IBIS.
Independent Contractors may not advertise concerning NMC or IBIS. 6.0RESTRICTIONS
RESTRICTIONS6.1You shall not:
You shall not:(a) use the NMC name or your Independent Contractorship as a means to promote or offer for sample or sale goods or services other than from NMC or the IBIS program; nor
(b) do or permit anything which is likely to bring NMC or its products or other Independent Contractors into disrepute; nor
(c) divulge or misuse any information obtained from NMC (in whatever form and whether or not the information is marked or stated to be confidential) except where such information has become public knowledge other than through your default; nor
(d) develop a web site under the IBIS program which displays pornography or sexually explicit images, promotes violence or illegal activities, includes racist or discriminatory content, or makes threatening, libelous or derogatory statements about or towards a private or public person / organization.
7.0YOUR OBLIGATION TO INDEMNIFY
YOUR OBLIGATION TO INDEMNIFY7.1You agree to indemnify, defend and hold NMC, its agents, affiliates, vendors, buyers, subsidiaries, directors, officers, employees and applicable third parties ( e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors ( collectively “indemnified person(s)” ) harmless from and against any and all third party claims, liability, loss, and expense ( including damage awards, settlement amounts, and reasonable legal fees ), brought against any indemnified person(s), arising out of, related to or which may arise from your use of the program, the site(s) and/or your breach of any term of this agreement.
You agree to indemnify, defend and hold NMC, its agents, affiliates, vendors, buyers, subsidiaries, directors, officers, employees and applicable third parties ( e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors ( collectively “indemnified person(s)” ) harmless from and against any and all third party claims, liability, loss, and expense ( including damage awards, settlement amounts, and reasonable legal fees ), brought against any indemnified person(s), arising out of, related to or which may arise from your use of the program, the site(s) and/or your breach of any term of this agreement.7.2Similarly,
Similarly,(a) any unauthorized act or omission by you or by any person engaged by you in connection with your Independent Contractorship; and
(b) any demand from or liability to the Revenue, Taxation, Customs or other competent authorities in connection with your business.
8.0SANCTIONS
SANCTIONS8.1NMC may impose passwords to it's products if NMC reasonably believes that you have breached this
NMC may impose passwords to it's products if NMC reasonably believes that you have breached thisagreement.
9.0 VARIATIONS
VARIATIONS9.1These Terms and Conditions will prevail in the event of any inconsistency with any other written NMC sources
These Terms and Conditions will prevail in the event of any inconsistency with any other written NMC sources9.2You acknowledge that the NMC program is constantly evolving and that NMC may for commercial reasons vary its products, product prices and the terms of this agreement from time to time. NMC promises to provide clear and timely notification of all applicable changes through the communication media of their choice.
You acknowledge that the NMC program is constantly evolving and that NMC may for commercial reasons vary its products, product prices and the terms of this agreement from time to time. NMC promises to provide clear and timely notification of all applicable changes through the communication media of their choice. 10.0CONSEQUENCES OF TERMINATION
CONSEQUENCES OF TERMINATION10.1Nothing in this agreement entitles you to any damages, compensation or indemnity if you are not satisfied with the IBIS program for any reason
Nothing in this agreement entitles you to any damages, compensation or indemnity if you are not satisfied with the IBIS program for any reason11.0COMPLIANCE
COMPLIANCE11.1You must comply with all laws and regulations relating to your Independent contractorshi[ and in particular must make appropriate returns and notifications and where applicable pay all tax directly to the appropriate authorities.
You must comply with all laws and regulations relating to your Independent contractorshi[ and in particular must make appropriate returns and notifications and where applicable pay all tax directly to the appropriate authorities.12.0GENERAL
GENERAL12.1Your Independent Contractorship is personal to you and you may not assign, transfer, sub-contract, delegate or otherwise deal with your rights or obligations under this agreement.
Your Independent Contractorship is personal to you and you may not assign, transfer, sub-contract, delegate or otherwise deal with your rights or obligations under this agreement.12.2As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. Each individual’s success depends on his or her background, dedication, desire and motivation.
As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. Each individual’s success depends on his or her background, dedication, desire and motivation.12.3We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions.
We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions.12.4The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the use of our information, products and services.
The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the use of our information, products and services.12.5 If any term of this agreement is found to be invalid or unenforceable, that will not affect the other terms of this agreement, which will remain in full force and effect.
If any term of this agreement is found to be invalid or unenforceable, that will not affect the other terms of this agreement, which will remain in full force and effect.12.6There is no intention in this agreement to create any right or benefit enforceable by any person, firm or company not a party to this agreement.
There is no intention in this agreement to create any right or benefit enforceable by any person, firm or company not a party to this agreement. 12.7No acceptance of payment or failure or delay by NMC in exercising its rights or enforcing your obligations under this agreement will operate as a waiver unless confirmed in writing by NMC. No waiver of any right or obligation by NMC will prevent NMC from enforcing that right or obligation on subsequent occasions or from enforcing separate rights and obligations.
No acceptance of payment or failure or delay by NMC in exercising its rights or enforcing your obligations under this agreement will operate as a waiver unless confirmed in writing by NMC. No waiver of any right or obligation by NMC will prevent NMC from enforcing that right or obligation on subsequent occasions or from enforcing separate rights and obligations.12.8This Agreement consisting of these Terms and Conditions constitutes the entire agreement between the parties and supersedes any previous written or oral agreement or understanding. You confirm that you have not relied on any representation or undertakings except those expressly contained in this agreement.
This Agreement consisting of these Terms and Conditions constitutes the entire agreement between the parties and supersedes any previous written or oral agreement or understanding. You confirm that you have not relied on any representation or undertakings except those expressly contained in this agreement.12.9No variation of this agreement will be binding unless made in writing and signed by an authorized representative of NMC.
No variation of this agreement will be binding unless made in writing and signed by an authorized representative of NMC. 12.10 This agreement is governed by applicable laws of the Province of Newfoundland and Labrador, Canada. Each party submits to the exclusive jurisdiction of the courts of Newfoundland and Labrador.
13.0ENTIRE AGREEMENT
ENTIRE AGREEMENT13.1This agreement sets forth the entire understanding between the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this agreement.
This agreement sets forth the entire understanding between the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this agreement.14.0HEADINGS
HEADINGS14.1The headings and titles contained in this agreement are included for convenience only, and will not limit or otherwise affect the terms of this agreement.
The headings and titles contained in this agreement are included for convenience only, and will not limit or otherwise affect the terms of this agreement.15.0FORCE MAJEURE
FORCE MAJEURE15.1Neither party will be liable for failure to perform or delay in performing any obligation under this Agreement if such failure or delay is due to fire, flood, earthquake, strike, war (declared or undeclared), commercial impracticability, embargo, blockade, legal prohibition, governmental action, riot, insurrection, damage, destruction or any other cause beyond the reasonable control of such party.
Neither party will be liable for failure to perform or delay in performing any obligation under this Agreement if such failure or delay is due to fire, flood, earthquake, strike, war (declared or undeclared), commercial impracticability, embargo, blockade, legal prohibition, governmental action, riot, insurrection, damage, destruction or any other cause beyond the reasonable control of such party.16.0DISCLAIMERS AND LIMITATION OF LIABILITY
DISCLAIMERS AND LIMITATION OF LIABILITY16.1The Company makes no express or implied warranties or representations with respect to the Program or any service, product or other items sold through the Company Site, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information provided by the Company or on the Company Site. In addition, the Company makes no representation that the operation of the Company Site will be uninterrupted or error-free, and the Company will not be liable to the Partner or any other third party for the consequences of any interruptions or errors in the operation of the Company Site. THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE COMPANY'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED $0.00 UNDER THIS AGREEMENT. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT.
The Company makes no express or implied warranties or representations with respect to the Program or any service, product or other items sold through the Company Site, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information provided by the Company or on the Company Site. In addition, the Company makes no representation that the operation of the Company Site will be uninterrupted or error-free, and the Company will not be liable to the Partner or any other third party for the consequences of any interruptions or errors in the operation of the Company Site. THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE COMPANY'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED $0.00 UNDER THIS AGREEMENT. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT.
