Web Site Agreement
Gridmarketing.net hereby grants to the Affiliate the non-exclusive
and revocable right to market and advertise the Products and to establish
links to Mynetcart.com
Web site, in accordance with this Agreement.
The Affiliate shall advertise the Product through the Internet and shall develop,
operate and maintain links from its site to Mynetcart.com
site at its sole cost and expense.
The Affiliate represents and warrants to Mynetcart.com
that this Agreement has been duly and validly executed and constitutes and
shall continue to constitute a legal obligation, enforceable in accordance
with its terms.
shall pay the affiliate a sales commission If, as a result of a direct advertising
effort of the Affiliate, a referred customer of the Affiliate or of a member
of the Affiliate's team (as defined) orders and pays for the Product or other
goods or services sold by Mynetcart.com.
The commission is based upon the paid selling price of the purchased
goods or services before tax and excluding returns ("Sales Commission").
The Affiliate shall be responsible for all taxes and other similar levies
applicable to the Sales Commission pursuant to any law or regulation. The
Affiliate shall report the Sales Commission to its taxation authorities as
required by law.
We have a ZERO
TOLERANCE SPAM POLICY. You shall not use our services in connection
with any type of spam promotions. Spam shall include, but is not limited to
the sending of unsolicited information to a person or group that has not specifically
asked to receive that particular information or is not a personal acquaintance
of the individual sending the information.
The definition of SPAM
shall further include, but not be limited to the following:
Sending any email with the Mynetcart.com
name or any variation thereof, to:
- any type of mailing list or opt-in list
that has been purchased or acquired [by the affiliate or the sender],
from an outside individual or party.
- Any type of manually or automatically
harvested list of email addresses, names, or contacts.
- Any type of "Sefe List" or
through any type of "Safe List" service
- any type of "Lead" or "Prospect"
before you have received a request for more information from the recipient
- as part of a confirmation/thank you letter
as a result of posting to a classified ad site or FFA site
- As the "Return Address"
- Any type of inappropriate news group or
MEMBER/AFFILIATE/USER that engages in spam in connection with the site in
any way, shall have their account terminated immediately, could lose any or
all affiliate commissions due to them, and shall be held liable for any and
all damages and/or losses that may result as a consequence.
Every effort has been made to
accurately represent Mynetcart.com
and its potential. The Mynetcart.com
AFFILIATE/REFERRAL program offers NO EARNINGS GUARANTEE of any
We can not legally guarantee your success or satisfacation as our affiliate.
Your level of success depends on the time you devote to the program, ideas,
techniqes, your finances, knoledge and various skills. Since these factors
differ according to individuals, we can not guarantee your success or income
level. Nor are we responsible for any of your actions. Earning potential is
entirely dependent on the person using our product.
We do not purport this as a "get Rich Scheme". No guarantees are
made that you will achive any results from our services.
As with any affiliate tracking
software application or system, the results and accuracy of our tracking implement
can not be guaranteed.
The MyNetCart.com Web Site (the "Site") is an online information service
provided by MyNetCart.com ("MyNetCart.com "), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MyNetCart.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are MyNetCart.com,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree to grant
to MyNetCart.com a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to MyNetCart.com by all means and in
any media now known or hereafter developed. You also grant to MyNetCart.com the
right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against
MyNetCart.com for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to MyNetCart.com.
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of MyNetCart.com. Other
product and company names mentioned in the Site may be the trademarks of their
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by MyNetCart.com, MyNetCart.comdoes not operate,
control or endorse any information, products or services on the Internet in
any way. Except for MyNetCart.com- identified information, products or services,
all information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with MyNetCart.com
a. You also understand that MyNetCart.com cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. MyNetCart.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MyNetCart.com SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
MyNetCart.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. MyNetCart.com HAS NO CONTROL OVER
AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MyNetCart.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MyNetCart.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, MyNetCart.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
MyNetCart.com makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When
you access a non-MyNetCart.com web site, please understand that it is independent
from MyNetCart.com, and that MyNetCart.com has no control over the content on that
web site. In addition, a link to a MyNetCart.com web site does not mean that
MyNetCart.com endorses or accepts any responsibility for the content, or the
use, of such web site.
You agree to indemnify, defend and hold harmless MyNetCart.com, its
officers, directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of MyNetCart.com and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements made
and to be performed in The United States of America. You agree that any legal
action or proceeding between MyNetCart.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in The United
States of America . Any cause of action or claim you may have with respect to
the Service must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. MyNetCart.com's failure
to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any provision
of this Agreement. MyNetCart.com may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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Prepared for: Mynetcart.com ,All rights reserved.
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