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Terms and conditions of use
Welcome
to the Web site operated by Ultra Marketing Enterprises LLC.
We
maintain this web site as a service to its visitors. By using this
web site, you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If you
do not agree to these terms, no right are given you from UMEshare
to obtain information from or otherwise use this web site. Failure
to use this web site in accordance with the following terms of use
may subject you to severe civil and criminal penalties.
Assumptions
and introduction
The
use of the word "we", "us", "our",
"UMEshare.com", "UME Profit Share Center", "Service
Provider" or any other variations, refers to Ultra Marketing
Enterprises, its owner and the UMEshare.com affiliate service. "You",
"affiliate" or "partner" refers to an individual
who signs-up as an UMEshare.com affiliate partner. The term "partner"
does not imply any formal association with our company, nor
grants you any privileges in addition to those given as being an
UMEshare.com affiliate.
This
Service is provided to individuals who are at least 18 years old.
BY ENTERING ANY AREA OF OUR SITES, YOU ARE STATING THAT YOU ARE
ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF
THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The
Service is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Disclaimers
/ Limitation of Liability
The
information and services included in or available through the Service
may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. The Service Provider and/or its
respective suppliers may make improvements and/or changes in the
Service at any time. The Service Provider does not represent or
warrant that the Service will be uninterrupted or error-free, that
defects will be corrected, or that the Service or the server that
makes it available, are free of viruses or other harmful components.
The
Service Provider does not warrant or represent that the use or the
results of the use of the Service or the materials made available
as part of the Service will be correct, accurate, timely, or otherwise
reliable. You specifically agree that The Service Provider shall
not be responsible for unauthorized access to or alteration of your
transmissions or data, any material or data sent or received or
not sent or received, or any transactions entered into through the
Service. You specifically agree that The Service Provider is not
responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any
infringement of another's rights, including intellectual property
rights. You specifically agree that The Service Provider is not
responsible for any content sent using and/or included in the Service
by any third party. The Service Provider and/or its respective suppliers
make no representations about the suitability, reliability, availability,
timeliness, and accuracy of the service for any purpose. The service
is provided "as is" without warranty of any kind. The
Service Provider and/or its respective suppliers hereby disclaim
all warranties and conditions with regard to the service, including
all implied warranties and conditions of merchantability, fitness
for a particular purpose, title and non-infringement. In no event
shall The Service Provider and/or its suppliers be liable for any
direct, indirect, punitive, incidental, special, consequential damages
or any damages whatsoever including, without limitation, damages
for loss of use, data or profits, arising out of or in any way connected
with the use or performance of the service or related web sites,
with the delay or inability to use the service or related web sites,
the provision of or failure to provide services, or for any information,
software, products, services and related graphics obtained through
the service, or otherwise arising out of the use of the service,
whether based on contract, tort, negligence, strict liability or
otherwise, even if The Service Provider or any of its suppliers
has been advised of the possibility of damages. Because some states/jurisdictions
do not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the service, or with
any of these terms of use, your sole and exclusive remedy is to
discontinue using the service and its related web sites.
Indemnification
You
agree to indemnify and hold Ultra Marketing Enterprises and its
owner, subsidiaries and/or affiliates harmless from any claim, demand,
or damage, including reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of or conduct on the
Service.
Termination
The
Service Provider may terminate your access to any part or all of
the Service and any related service(s) at any time, with or without
cause, with or without notice, effective immediately, for any reason
whatsoever. The Service Provider may also terminate or suspend your
account for inactivity, which is defined as failing to sign-in to
the Service for an extended period of time, as determined by The
Service Provider. The amount of time that, upon termination of the
Service, your right to use the Service immediately ceases. If you
wish to terminate your account, your only recourse is to discontinue
the use of the Service. The Service Provider shall have no obligation
to maintain any content in your account or to forward any unread
or unsent messages to you or any third party.
General
terms of use
Any
website visitor or affiliate should take any literature into the
account of the following terms:
1.
This agreement will be governed by the laws of the state of Delaware,
in which our company is registered. A "partner" is bound
by US Company and Federal Law.
2.
We reserve the right to refuse access or use of our services to
any individual or company at our sole discretion, and we have the
right to refuse affiliates or potential affiliates use of service
based solely on their demographic profile or geographical location,
without reason, and at any time. We have the power to remove, delete
or terminate any affiliate and withdraw any commissions from that
affiliate if they are in violation of any of these agreed terms,
and may do so without prior notice.
2b.
In addition, to maintain the integrity of the program we may at
any time remove affiliates who show levels of inactivity that we
deem harmful to the overall good of the program.
3.
We agree to pay the affiliate the individual agreed commission amount
on each paid and accepted sale they refer. This commission owed,
ABOVE the minimum set payout fee, will be available to you on the
period following 30 days after the date that the sale was made.
Should a sale be refunded, charged back or otherwise disputed which
renders us without funds on that sale, the corresponding commission
previously paid will be deducted from your payment balance.
4.
We will make payments to you via US checks delivered by US Priority
Mail. Should that mode of payment no longer be available or otherwise
inappropriate, we will notify you within 7 days of realization to
make alternative payment arrangements.
5.
We reserve the right to alter commission rates or prices on any
of our products, or add, delete or modify "payout levels"
at our own discretion. Any amendments will be announced to all affiliates
who have opted to receive such announcements (which in signing up
you agree to receive via and but not limited to forms such as email,
faxes, phone calls etc.) if it's plausible to do so.
6.
The partner agrees not to misrepresent the program in any way. For
example, you agree not to tell people they can make any specific
amount of money per week or per month, etc. Ultra Marketing Enterprises
is the sole judge of what is considered as misrepresentative.
7.
A partner agrees that there is no direct relation between "click
throughs" (i.e. Unique website visitors sent to a website)
and sales placed on that site. Any figures quoted are based on averages
or estimated typical statistics, and don't suggest any similarity
between those statistics and your individual advertising campaigns.
Any statistics or examples only show potential earnings and not
actual.
8.
The affiliate takes full responsibility for advertising and promotional
expenses, or any other expenses occurred, for generating traffic
to any of our product websites or any other activity involving UMEshare.com.
The partner must understand that advertising is entirely at their
own risk and no guarantees are made that any sales or commission
payments should be expected as a result.
9.
We accept no responsibility for losses or inconvenience of any kind
due to technical problems or failure. We do our best to ensure the
highest possible "uptime" of our services and should a
fault be found, we will attempt to solve it at the earliest possible
convenience, on a time scale dependent by us.
10.
The partner may not represent any of our services, websites, products
or any other relationship in a way which is considered vulgar, unethical,
immoral or unprofessional, based on our sole judgment. We reserve
the right to terminate an affiliate at any time if they are considered
to be in violation of this.
ANTI-SPAM
policy following...
11.
The partner must not advertise any of our services, websites,
products or any other relationship or partnership with us by means
of "spam", unrequested and unsolicited email, newsgroup
postings, FFA links or any other way which falsely forces people
to read any advertising material against their will. We reserve
the right to terminate an affiliate at any time for this, as well
as charge a fee of up to $500.00 US dollars per incident and threaten
potential legal action. Any "spam" complaints received
against your account will immediately put your account and any fund
owed you "on hold", until the matter can be properly investigated
and a decision made. In the event that the accusations are false
your account will be instantly reinstated, however where reports
prove otherwise ALL funds owed will be forfeited and commensurate
action commenced.
ANTI-FRAUD
policy following...
12.
If any affiliate is found to have blatantly processed fraudulent
transactions through any of our chosen processing gateways, or we
suspect that they may be, we reserve the right to immediately refund
or void any orders without prior notice, and immediately terminate
their account. Your details may be passed on to any government,
anti-fraud, police or legal agency or department to further look
into the situation. We reserve the right to use your personal details
in any way we deem acceptable in order to combat fraud - which includes,
but is not limited to, informing our processing company(s) and seeking
loss from damages against you.
FRAUD
IS A FEDERAL OFFENSE PUNISHABLE BY HEAVY FINES AND JAIL TIME
13.
Any correspondence relating to loss of the check in mail, or inability
to cash the check, or the inability to accept any payments via any
particular or chosen method must be made by the Partner within a
reasonable time so a decision can be made on alternative payment
method(s).
14.
Any tax liability on the amount of commission received will be the
partner's responsibility.
15.
Partners are not permitted to use their own affiliate links to receive
a deduction on any of the products available for sale or promotion,
unless with specifically inform you of otherwise. We reserve the
right to withhold commissions from you for any sales you pass through
your affiliate links that are non commissionable.
16.
Partners will receive real-time access to their statistics via the
UMEShare affiliate area. Access to this area may be restricted at
our sole discretion. Any periods of "downtime" due to
technical failure, problems or maintenance (whether scheduled or
otherwise) renders us without liability for any losses or inconvenience
caused. All affiliate links, URLs supplied and any other tools,
resources and self-replicated websites will be hosted on our servers
and remain our property. No website may be changed, updated or modified
in any way or set up on any of your own servers, websites, or any
other platform unless we specifically give you permission.
17.
By joining UMEshare.com as an affiliate, the partner understands
that they are opting into a non-guaranteed business opportunity.
We make no guarantees on earnings or rewards, and any figures quoted
are for statistical examples only. Earnings are given on results
only. Partners are not employees or considered in any way employed
by us, and assume full responsibility and liability as an individual.
18.
We reserve the right to terminate this service at any time and for
any reason, or suspend new affiliate applications and/or reserve
the right to accept new affiliates.
19.
This agreement is our primary and sole agreement and supersedes
any other agreements made or thought to have been made verbally,
or otherwise.
20.
Should any provision, section or part of this agreement be ruled
illegal, not-enforcable or invalid, it will not invalidate the rest
of the agreement. All other terms and provisions will remain valid,
enforceable and in tact.
21.
This program stands by itself. Only through this do you have any
claim to proceeds from sales made through your assigned affiliate
link. You do NOT, unless otherwise stated have any rights and/or
ownership whatsoever over any of Ultra Marketing Enterprises 's
products nor those of Alex Sampson.
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