|
This page proudly presented by Bob Williams Brian Garvin!
In accordance with the Terms and Conditions and Policies
and Procedures contained in this Application and Agreement (hereafter
"Agreement"), I hereby submit my application to become a Member of RobotReply.com,
a division of RobotReply.com. (hereafter “RobotReply.com” or “Company”)
and I hereby acknowledge and agree to the following:
1. Legal Authority. I warrant that I
am of legal, contracting age in the State / Country in which I reside,
and have no restriction of any kind on my entering into this Agreement.
This Agreement shall become effective on the date the enrollment form
is electronically submitted by me and confirmed back to me via e-mail
or fax as having been accepted by an authorized officer of RobotReply.com.
2. Spamming. I understand and agree
that I may not use or transmit unsolicited faxes, mass e-mail distribution,
unsolicited e-mail, or any other broadcast or distribution of information
that would constitute "spamming" (as that term is generally understood
and specifically prohibited by applicable laws and regulations) relative
to the promotion of the RobotReply.com products and services. I also
agree not to use any services provided by RobotReply.com for the purposes
of sending Unsolicited Email for any reason.
3. Approved Communications. For the
purpose of this Agreement, the terms "unsolicited fax" and "unsolicited
e-mail" mean the transmission via telephone facsimile or electronic
mail, respectively, of any material or information, advertising or promoting
my RobotReply.com products and/or services which are transmitted to
any person, except that these terms do not include a fax or e-mail:
(a) to any person with that person's prior express invitation or permission;
or (b) to any person with whom I have an established business or personal
relationship. The term "established business or personal relationship"
means a prior or existing relationship formed by a voluntary two way
communication between myself and a person, on the basis of: (a) an inquiry,
application, purchase or transaction by the person regarding products
or services I offer; or (b) a personal or familial relationship, which
relationship has not been previously terminated by either party.
4. Anti-Spamming Policies. I specifically
agree to become knowledgeable about and abide by the current anti-spamming
policies of AOL (America On-Line), MSN HOTMAIL and YAHOO!, and of those
generally accepted on the Internet. I also agree to abide by the anti-spam
policies set forth in the RobotReply.com Acceptable Usage Policy available
at http://www.RobotReply.com/spam.htm
5. Spamming Complaints. I agree that
if a complaint or issue should arise or any other Internet Service Provider,
individual, or e-mail company contacts the Company regarding a spamming
complaint associated with me, my company or my affiliates, RobotReply.com
staff will be fully cooperating with these provider companies and will
take the necessary steps to enforce compliance of all of their applicable
anti-spamming policies and Terms Of Sale policies, which may include
divulging all information regarding my participation in the RobotReply.com
Program and the assessment of fines up to $500.00 against me for every
verified e-mail complaint received. I acknowledge that any violation
of these policies and/or other Terms of Sale by me will result in the
immediate termination of my RobotReply.com Member status.
6. Policies and Procedures. Upon acceptance
by RobotReply.com of this Application and execution of this Agreement,
I understand I will become a Member of RobotReply.com and will not be
eligible to participate in the selling of the RobotReply.com Marketing
Package of products and services. I acknowledge that my strict and timely
compliance with all RobotReply.com Policies and Procedures, as these
may be amended from time to time, is an absolute requirement of my continued
participation in the RobotReply.com member Program. I agree that any
questions I may have regarding the RobotReply.com Policies and Procedures
will be directed, in writing, to the Company.
7. Updating of Account Information.
I understand that it is my responsibility to insure that my account
profile information, including my mailing address, e-mail address, and
telephone number are current so I can receive important information
from RobotReply.com and my compensation checks on time.
8. Site Changes and Updates. I understand
that RobotReply.com Management has the right, in its sole discretion,
to make any and all changes and updates to Members Areas without any
prior notification to RobotReply.com Representatives.
9. Member Updates. I agree and understand
that as a Member of RobotReply.com, I will receive Member updates and
announcements by e-mail and regular mail. I hereby confirm my request
that until my status as a RobotReply.com Member is terminated, I wish
to receive all such information and I acknowledge that such information
shall not constitute spamming or other unauthorized delivery of information
by RobotReply.com.
10. Commissions Not Applicable. I acknowledge
that no commissions or earnings are earned from my participation in
the RobotReply.com Program, regardless of what I have heard verbally
from another RobotReply.com Member or RobotReply.com staff or in any
ads I’ve seen on or off the Internet including e-zine ads, classifieds,
card decks, postcards, or any other marketing materials describing the
RobotReply.com business. RobotReply.com does NOT offer an affiliate
or marketing rep program and you agree that we are not responsible for
paying you for personal or indirect referrals.
11. Use of Materials. I hereby acknowledge
that all information contained on the RobotReply.com website is protected
by copyright and may not be used or duplicated without prior written
approval of RobotReply.com. I further agree to refrain from producing,
selling and/or using, for advertising, promoting or describing RobotReply.com’s
products and services or Compensation Plan, or any written, recorded
or other materials which have not been approved in writing or provided
by RobotReply.com. I expressly agree to abide by RobotReply.com’s “No
Spam Policy”.
12. Change in Policies. I acknowledge
and agree that RobotReply.com, in order to maintain a viable marketing
system, may make modifications in its (i) Marketing Package products
and services, (ii) marketing materials, (iii) Policies and Procedures,
(iv) website content, (v) product and service pricing and (vi) all other
aspects of the RobotReply.com Program. I agree to be bound by any such
changes with no recourse other than to terminate my Member status with
the Company by written notice.
13. Right to Assign. I understand that
I may sell or assign my Rep and Member position with the prior written
consent of RobotReply.com. As a condition of consideration for approval,
my successor must provide all required legal documents of authority
to RobotReply.com, with signatures and verification that my successor
agrees to be bound by the then current Policies and Procedures of the
RobotReply.com Rep Program and will sign the then-current Rep Agreement.
14. Confidentiality. I understand and
agree that I am entirely responsible for maintaining the confidentiality
of my RobotReply.com Member password and account information. Furthermore,
I acknowledge that I am entirely responsible for any and all activities
which occur under my membership account. I also acknowledge and agree
that all of the information I receive from RobotReply.com regarding
any aspect of the Rep Program which is not generally known to the public
shall be deemed to be a proprietary, confidential, trade secret of RobotReply.com
and may not be used or disclosed by me for any purpose other than in
conjunction with the operation of my RobotReply.com business.
15. Indemnification. I hereby agree
to indemnify, defend, and hold harmless RobotReply.com, its parent company,
Rep's and subsidiary companies and their officers, directors, employees,
consultants and sales agents from any and all third party claims, liability,
damages and/or costs (including but not limited to attorney fees and
court costs) arising from my use of the RobotReply.com website, products
and services, my breach of this Agreement, or my infringement or the
infringement by any other user of my account of any intellectual property
or other right of any person or entity. I agree to immediately notify
RobotReply.com of any unauthorized use of my password or account number
or any other breach of security known to me.
16. Information Not Guaranteed. I understand
that all information provided by RobotReply.com in membership Reports,
including but not limited to system upgrades and special announcements,
is believed to be accurate and reliable. Nonetheless, due to various
factors, including the inherent possibility of human and mechanical
error, denial of credit card charges and electronic check payments,
and credit card and electronic charge-backs, I understand that such
information is not guaranteed by RobotReply.com or any persons creating
or transmitting the information.
17. NO WARRANTIES ALL ACCRUED MEMBERSHIP FEE INFORMATION IS PROVIDED
"AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF
ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE SHALL
BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR
NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, RobotReply.com AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE
INFORMATION SHALL IN NO EVENT BE LIABLE TO ANY REP OR ANYONE ELSE FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO ACCRUED DAMAGES THAT
MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR
LOSS OF THE USE OF THE INFORMATION), EVEN IF RobotReply.com OR OTHER
PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED
BY LAW, RobotReply.com OR OTHER PERSONS CREATING OR TRANSMITTING THE
INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO ANY REP OR
ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY,
PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER
OF THIS AGREEMENT.
18. Own Risk. I acknowledge and agree
that my access and use of the RobotReply.com online data or other online
information made available by RobotReply.com is provided as an accommodation
only; and my reliance upon such information is at my own risk. RobotReply.com
makes no warranties as to the accuracy of such information. I understand
that all such information therein is provided to me "as is." If I am
dissatisfied with the accuracy or quality of any such information, I
understand that my sole and exclusive remedy is to discontinue use of,
access to, and reliance upon the online data and/or the other online
information available to me.
19. 3 Day Review Period. I acknowledge
that I have 3 "three" days from my RobotReply.com Marketing Package
purchase date to review the RobotReply.com products and services and
to request a full refund if I am not completely satisfied. After expiration
of the 3 day review period, I acknowledge and agree to abide by RobotReply.com’s
“no refund policy.” This means that I will not attempt to dispute or
chargeback RobotReply.com charges to my credit or debit card, or PayPal
account. This 3 day review policy relates only to the first 3 days of
service, no refunds will be issued outside of the intial 3 days of membership.
20. Autoresponder, Ad Tracking and other Automation
Tools Service Terms and Conditions. As a part of this Agreement,
I agree to fully comply with the following terms and conditions relating
to my use of the RobotReply.com Automation Tools (the Automation Tools
service):
a. I understand that the RobotReply.com
Automation Tools service is provided to me on an “as is, as available”
basis and that RobotReply.com makes no warranties of any kind, either
expressed or implied. I acknowledge that the Automation Tools service
is being made available to me as an accommodation only and may be terminated
by RobotReply.com at any time.
b. I agree that under no circumstances
shall RobotReply.com, or anyone else involved in creating, producing
or distributing the Automation Tools service, be liable for any direct,
indirect, incidental, special or consequential damages that result from
the use of or inability to use the Automation Tools service including,
but not limited to, reliance on any information obtained through the
service; or that result from mistakes, omissions, interruptions, deletion
of files or email, errors, defects, viruses, delays in operation, or
transmission, or any failure of performance, whether or not limited
to acts of God, communications failure, theft, destruction or unauthorized
access to RobotReply.com's records, programs or services.
c. In consideration of RobotReply.com
making the Automation Tools service available to me without charge,
I hereby knowingly and expressly give up and waive any right I may have
to take action against RobotReply.com I may have as a result of my use
or the use by my customers of the Automation Tools service.
d. I acknowledge and agree that the
Automation Tools service may only be used for lawful purposes. Transmission
of any material in violation of any FTC, Internet, Local, State, Federal,
U.S., Canadian or International Laws is Strictly Prohibited. This includes
but is not limited to material legally judged to be threatening, obscene,
or pornographic, or any material copyright protected or trade marked
in any form.
e. I acknowledge and agree that all
of the following actions are violations of the RobotReply.com Policies
and Procedures and will result in the immediate termination of my RobotReply.com
account without notice or recourse. I represent and warrant that none
of the following actions will be taken by me during the course of my
business: (a) sending unsolicited email messages that contain ANY web
addresses from my account to online users; (b) posting messages that
contain my RobotReply.com Website in Usenet Newsgroups that are unrelated
to my product or services; (c) forging my "From" Address in an email
message, or newsgroup posting, with my website addresses or (d) any
other act or action that gives the impression that the message or posting
originated from the RobotReply.com network.
f. Either RobotReply.com or I may terminate
my Automation Tools Service account at any time by written notice. RobotReply.com
may terminate immediately any customer who misuses or fails to abide
by this Agreement. I acknowledge and agree that RobotReply.com may terminate
my access to and use of the Automation Tools Service without notice
upon my breach of this Agreement.
21. Internet Fees. I acknowledge that
my purchase of the RobotReply.com Marketing Package does not include
custom script installation, creation of sub-domains or domain registration.
I understand and agree that extra fees shall apply and will be paid
by me for any products or services not included in the Marketing Package
as indicated by RobotReply.com.
22. Applicable Laws. I acknowledge and
agree that the RobotReply.com Member Program, the Policies and Procedures,
this Agreement and all other aspects of the RobotReply.com program is
designed to strictly comply with all applicable laws and regulations
established by the FTC, SEC, IRS, Local, State, Federal, U.S. and International
Regulatory Agencies. In the event I have any questions about any aspect
of the RobotReply.com Program, I agree to direct my questions via e-mail
to the RobotReply.com legal representative at who's contact information
is available by request only.
23. Dispute Resolution. I agree that
any dispute arising from this Agreement or my participation in the RobotReply.com
Rep Program will be resolved by the following procedure to be executed
in the order stated: First: the parties will discuss the matter
either in person or on a phone call after the party making the claim
has provided the other party with a complete written summary of the
claim with all relevant documents attached; Second: the parties
will discuss the matter by either a conference call or an in-person
mandatory non-binding mediation session with a trained mediator conducted
in either Houston, Texas and with the party making the claim responsible
for the costs of the mediation and Third: the parties will submit
the matter to binding arbitration conducted in Houston, Texas in accordance
with the laws of the State of Texas and with the prevailing party responsible
for all attorney’s fees and costs expended in such action.
24. Governing Law. This Agreement is
governed by the laws in the State of Texas and the parties agree that
any claim or dispute between the parties to this Agreement shall be
resolved in Houston, Texas in accordance with the procedure described
in Section 23 above.
25. Right to Terminate. I understand
that I may terminate my participation in the RobotReply.com Program
by written notice to RobotReply.com at any time. I acknowledge and agree
that RobotReply.com may immediately terminate any Member who violates
the RobotReply.com Policies and Procedures or violates this Agreement.
26. Prohibited Use. I agree that I will
not to use any of the tools or services provided in my RobotReply.com
membership to promote, endorse, solicit, or track any business or entity
related to adult products, adult entertainment, pornography, hate groups,
terrorism, hacking tools, warez, cracks, pirated software, illegally
copyrighted material, mod chips, essays, or password stealing mechanisms
in any way. I further agree that I give RobotReply.com permission to
immediately terminate any account found to be in violation of this prohibited
use statement.
27. ACKNOWLEDGEMENT. I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. I HAVE INDEPENDENTLY EVALUATED
THE POTENTIAL SUCCESS AND DESIRABILITY OF MY PARTICIPATION IN THE RobotReply.com
PROGRAM. IN MAKING MY DECISION TO PARTICIPATE IN THE RobotReply.com.COM
PROGRAM, I AM NOT RELYING ON ANY PROMISE, REPRESENTATION, GUARANTEE,
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
END OF ROBOTREPLY.COM TERMS OF SERVICE
|
|
|