By signing up as
an affiliate and /or Lead customer with Profit Leads you agree to
the following Terms of
This agreement is by and between Profit Leads and/or their assigns and all
subscribers. Unless the context requires
otherwise, Profit Leads and/or their assigns
shall be referred to as "us, we, or our" and you
shall be referred to as "you, your or
You understand that Profit Leads.
and/or their assigns does not guarantee or
predict any type of profit or response from said
services. Subscriber agrees to hold Profit Leads harmless from and against any and all
losses, claims, expenses, suits, damages, costs,
demands or liabilities, joint or several, of
whatever kind or nature which Profit Leads
and/or their assigns may become subject arising
out of or relating in any way to the use of the
services provided under this agreement,
including, without limitation, in each case
attorneys' fees, costs and expenses actually
incurred in defending against or enforcing any
such losses, claims, expenses, suits, damages or
A. Services to be Provided. We agree to
pay you certain commissions as described on our
website for referral sales made by
B. Termination. We may terminate your
account: (a) if you violate our Terms Of Service
Policy; (b) promote Profit Leads in a manner
that is unethical or inappropriate; or (c) for
any reason, in our sole discretion. (d) Or, if you start or own any interest in a leads or training company that competes with our program you will immediately be terminated and forfeit all past, present and future commissions due to you or your partners.
C. No Warranties. WE MAKE NO WARRANTIES
TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH
RESPECT TO THE SERVICE Profit Leads , ITS
SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE
EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A
PARTICULAR PURPOSE. We shall not be liable for
any damages suffered by you, whether indirect,
special, incidental, exemplary, or
consequential, including, by not limited to,
loss of data or service interruptions,
regardless of cause or fault. We are not
responsible for your lost profits or for your
loss of data or information. If notwithstanding
this clause we are held liable to
D. TERMS. You agree: (1) to use our
system in a manner that is ethical and in
conformity with community standards; (2) to
respect the privacy of other users (you shall
not intentionally seek data or passwords
belonging to other users, nor will you modify
files or represent yourself as another user
unless explicitly authorized to do so by that
user); (3) to respect the legal protection
provided by copyright law, trade secret law, or
other laws protecting intellectual property. 4)
to accept commercial emails from us.
If we learn of a violation or likely
violation of our TERMS OF SERVICE, we will
attempt to notify you. If you do not take
immediate remedial action which is satisfactory
to us, or in the event of a serious violation of
the TERMS OF SERVICE, we reserve the right to
terminate your account immediately. Every effort
will be made to inform you prior to account
termination, and to re-establish your account
upon receiving such representations from you as
we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED
IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE
OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN.
You may also be subject to fines and legal
actions as a result of your bulk email
All questions concerning your termination, commissions or lead sales/purchases will be subject to the laws of the state of Oklahoma. All questions concerning your termination, commissions or lead sales/purchases will be subject to the laws of the state of Oklahoma. E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
J. 30-Day Trial $9.95 Program Billing. This is a monthly auto-ship (recurring billing) program every 30 days. You will be billed $9.95 if you choose the 30-day trial period the day you order. After your 30 day trial is over you will AUTOMATICALLY receive 100 leads a month approximately every 30 days from your anniversary date and be billed $99.95 every 30 days. You will be billed every 30 days unless you cancel your monthly auto-ship per item "M" below.
K. Normal Lead Pricing and Billing. This is a monthly auto-ship (recurring billing) program every 30 days. You will be billed for the lead package you choose the day you order. Then, 30 days later and every 30 days after that you will be billed, unless you change or cancel this recurring billing. To do so, you need to send an email to: email@example.com 15 days prior to your autoship billing day.
L. Commissions. You will be paid a commission on the 15th of every month for the previous month of commissions due. (If the 15th falls on a weekend, or a holiday, the checks will be mail. There are no commissions paid on the $9.95 day trial period. If you choose, you can join at the $99.95 rate and be immediately eligible for commissions the first day you join. You can promote your Profit Leads website during your 30-day trial all you want, and we highly encourage you to do so. But, you will not be paid a commission on any $99.95 sale unless you are also an active $99.95 fully paid member or have retailed a $99.95 sale on your first level. We reserve the right to adjust the commission payout and dates at any time. If you cancel with outstanding commissions they will be held for up to 6 months to insure all customers orders have gone through and have not been charged back.
M. Cancellations. To cancel, you MUST email a cancellation notice to firstname.lastname@example.org 15 Days BEFORE your anniversary date, or you will be billed again. Phone calls and voice mails will not cancel your membership . Due to the nature of the advertising business we require this 15 day period to insure the freshest leads possible to you. Unlike other products that have a shelf life of 12 to 24 months, leads are expected to be fresh, thus the reason for the 15-day cancellation notice policy. Chargebacks with your credit card company violating this policy will be turned over to a collection agency to insure this policy is enforced and all our customers are able to maintain a fresh quality lead on a monthly basis. Your understanding on this policy is apprecaited.