1. ACCEPTANCE OF TERMS
In order to use MLXjet you must first read and accept the terms of this License, and confirm your acceptance of the terms of this License by clicking on the "I Agree" checkbox where provided.
IF YOU DO NOT CHECK THE "I AGREE" CHECKBOX ON THE ORDER PAGE SCREEN, YOU WILL NOT BE ABLE TO USE MLXjet. MLXjet provides its service to you, subject to the following Terms and Conditions (T & C), which may be updated by us from time to time without notice to you. In addition, when using particular MLXjet services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T & C.
2. DESCRIPTION OF SERVICE & SCOPE OF LICENSE
MLXjet currently provides users with access to a robust collection of resources, including, various communications tools, personalized content and branded programming through its network of properties (the "Service"). You understand and agree that the Service may include certain communications from MLXjet, such as service announcements, administrative messages, product enhancements and/or offers, quality assurance checks, etc., and that these communications are considered part of MLXjet membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new MLXjet properties, shall be subject to the T & C. You understand and agree that the Service is provided "AS-IS" and that MLXjet assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. MLXjet does not guarantee that all emails or listings can or will be tracked. MLXjet shall not be responsible or liable for any incomplete or undelivered tracking information whatsoever. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
PATENT PENDING: MLXjet holds a status of Patent Pending in the United States. MLXjet will defend its intellectual property vigorously. This is not free software. Subject to the terms below, a licensing fee is required to use this software. Unregistered use of MLXjet is in violation of U.S. and international copyright laws. All rights of any kind in MLXjet which are not expressly granted in this License are entirely and exclusively reserved to and by MLXjet. You may not rent, lease, modify, sublicense, translate, reverse engineer, decompile, disassemble, or create derivative works based on MLXjet. Subject to all the terms of this License, MLXjet grants you a limited, non-exclusive, personal, non-sub-licensable, non-assignable license to use MLXjet and any future fixes, updates and upgrades that may be provided to you.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MLXjet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MLXjet has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MLXjet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MLXjet cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MLXjet, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MLXjet does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MLXjet be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to NOT use the Service to:
a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an MLXjet official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law,
l. "Stalk" or otherwise harass another; or
m. Collect or store personal data about other users.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
MLXjet does not claim ownership of Content you submit or make available for inclusion on the Service.
8. INDEMNITY
You agree to indemnify and hold MLXjet and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the T & C, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you are an approved MLXjet Reseller.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MLXjet may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that listings, message board postings or other uploaded Content will be retained by the Service, the maximum number of listings or emails that may be sent from or received by an account on the Service, the maximum size of any listings or emails that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MLXjet servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MLXjet has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MLXjet reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MLXjet reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
MLXjet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. In the event that any M.L.S. blocks, restricts or attempts to block or restrict in any way the delivery of outbound M.L.S. listing emails to the MLXjet servers, MLXjet shall not be liable in any regard. You agree that MLXjet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
It is your responsibility to comply with the terms of this License and to obey the laws of your jurisdiction. Your rights under this License will terminate immediately and without prior notice if you violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use MLXjet in violation of this License. You agree that MLXjet, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if MLXjet believes that you have violated or acted inconsistently with the letter or spirit of the T & C. MLXjet may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this T & C may be effected without prior notice, and acknowledge and agree that MLXjet may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MLXjet shall not be liable to you or any third-party for any termination of your access to the Service.
13. MLXjet PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MLXjet or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MLXjet grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MLXjet for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MLXJET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MLXJET MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MLXJET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T & C.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MLXJET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MLXJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
17. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the T & C or other matters by displaying notices or links to notices to you generally on the Service.
18. COPYRIGHT INFRINGEMENT
(i) MLXjet respects copyright and other laws. MLXjet requires all MLXjet users to comply with copyright and other laws. MLXjet does not by the supply of MLXjet authorize you to infringe the copyright or other rights of third parties.
(ii) As a condition to use MLXjet, you agree that you must not use MLXjet to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.
(iii) Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event a user fails to comply with laws regarding copyrights or other intellectual property rights and data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and incarceration.
19. TRADEMARKS
The MLXjet name, the MLXjet logo, and other MLXjet properties are trademarks of MLXjet.
20. GENERAL INFORMATION
The T & C constitute the entire agreement between you and MLXjet and govern your use of the Service, superceding any prior agreements between you and MLXjet. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The T & C and the relationship between you and MLXjet shall be governed by the laws of the province of British Columbia without regard to its conflict of law provisions. You and MLXjet agree to submit to the personal and exclusive jurisdiction of the courts located within the province of British Columbia. The failure of to exercise or enforce any right or provision of the T & C shall not constitute a waiver of such right or provision. If any provision of the T & C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T & C remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T & C must be filed within one (1zz) year after such claim or cause of action arose or be forever barred.
21. MLXJET SUBSCRIPTION AGREEMENT
Subscription Fees: The subscription fees are set forth on the website and may be amended at MLXjet"s sole discretion from time to time without notice and are payable annually in advance by credit card or check. Subscription fees which remain unpaid thirty (30) days after their due date shall bear interest at the rate of fifteen percent (15%) per annum or the maximum interest permitted by law, whichever is lesser, until paid. Annual Subscribers: MLXjet is sold on an annual subscription basis and as such all MLXjet clients and users are annual subscribers. You agree to provide to MLXjet the right to debit your credit card annually in advance for all Service provided to you. A notice of automatic renewal will be sent via email to clients or users once processed. No cancellations or refunds are permitted for annual subscriptions. We require a minimum of 30 days notice of cancellation in writing for annual recurring charges. A $35 re-connection fee is applicable to all suspended accounts.
Money-Back Guarantee: A money back guarantee on your purchase of MLXjet products & services, excluding MLX Live Links, custom designed templates, and specialty templates such as Partner-Team templates and Chinese or Korean Templates, is valid for a period of 15 calendar days from the date of your purchase. Any and all refunds shall be subject to a $25.00 processing fee. No refunds either partial or full shall be issued after the 15 calendar day money-back guarantee has expired. Once ordered, MLXjet cannot issue refunds either partial or full for Custom-designed templates, MLX Live Links, Partner-Team templates, or Chinese/Korean templates, under any circumstances.
Enhanced Features and Additional Service: You agree to provide to MLXjet the right to debit your credit card annually in advance for all Enhanced Features/Additional Services provided to you. No cancellations or refunds are permitted for Enhanced Features/Additional Services, including, but not limited to MLX Live Links, Custom Templates, Partner-Team templates.
ADDITIONAL FEES OR CHARGES:
Template Re-Makes. Should you wish to have a different Template made for you after your original Order has been created and delivered, but not used, MLXjet charges a Template Re-Make fee of $25.00 (plus any applicable taxes) in advance.
Template Re-Design. Should you wish to have a different Template made for you after using your MLX Template, MLXjet charges a Template Re-Design fee of $50.00 (plus any applicable taxes) in advance.
Custom Designed Templates. MLXjet charges a flat fee of $59.00 (plus any applicable taxes) for custom-designed templates. MLXjet reserves the right to refuse Custom design work to anyone for any reason. MLXjet also reserves the right to refund any client"s Custom design fee(s) and refuse to undertake any further work or Custom design service for that/any client, for any reason and at the sole discretion of MLXjet.
Renewals: Some MLXjet promotional offers may include a “lock-in' discounted rate for the first client subscription renewal, 1 year after initial sign-up. Any and all subsequent subscription renewals (beyond the first renewal) shall be based on the regular rate(s) as published on our website and/or current rate card.
Taxes: You shall be solely responsible for the payment of any taxes, charges or assessments imposed on you or MLXjet, and any penalties or interest thereon, relating to the provision of the Service (except for any income taxes, if any, imposed on MLXjet).
Agreement Effective Date: The effective date of this Agreement shall be the date of acceptance by you of this Agreement as evidenced by you clicking the "I Agree" button herein, or the date you actually use the Service, whichever occurs first. Payment shall be accepted by credit card or check only.
MLXjet Privacy Policy: MLXjet is committed to protecting your privacy. MLXjet does not disclose any of Your Information (defined in the paragraph below).
Here"s how it works:
When you register and purchase the right to use MLXjet you must complete a registration/order form and provide information such as name, contact information (the 'Registration Information'), & financial information including credit card number and expiration date (the 'Order Information'). The Registration Information is used by us to support your interaction with our site & to deliver your purchases. We do not sell, rent, share or in any way compromise any of your information with anyone whatsoever.
We also respect your privacy by guaranteeing to you here in writing that MLXjet is 100% spyware and adware free. You will never encounter any adware or spyware on your PC as a result of using MLXjet in its entire scope of use and features. The Order Information is used by us for billing purposes. If we have trouble processing an order, we may use the Order and Registration Information to contact the user. Sales transactions are processed through a trusted third party credit card processing service. This company does not retain, store, or use personally identifiable information for any secondary purposes. To read their privacy statement, please visit www.psigate.com.
Links
This Website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by our Website(s).
Security
This Website takes every precaution to protect our users" information. When users submit sensitive information via the website, your information is protected both online and offline.
Our registration/order form asks users to enter sensitive information (such as credit card number). That information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our registration/order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked. To learn more about SSL, follow this link www.psigate.com.
MLXjet Associate Member Agreement
This Agreement contains the Terms and Conditions to apply to an individual's or an entity's participation in the MLXjet Referral Royalties™* Program (the "Program"). All MLXjet clients or users automatically become Associate Members upon purchase and use of MLXjet products or services, unless a specific written request has been received by MLXjet, and MLXjet has granted exclusion to its Referral Royaties™ program. As used in this Agreement, "we", "us" or "our" refers to MLXjet. "You" or "your" refer to the applicant. "Participant" or 'Associate Member' shall mean an applicant which has been approved to be a participant with the Referral Royaties™ Program. All dollars ($) shall be payable in the currency of the Associate Member's country. For example, a U.S. Associate Member will be paid in U.S dollars.
1. Referral Royaties™ Program Outline
By agreeing to the Terms and Conditions contained herein, you, the Associate Member will receive an email which will contain a special Promotional Code, referred to as a Referral Pay Code or 'RPC'. We reserve the right to reject any group or individual for any reason. Associate Members must remain paid MLXjet clients in good standing in order to benefit from any ongoing or future payments, commissions, Referral fees and/or Royalties. Referral Royalties* that are payable up to ten (10) years in the future shall only be paid to Associates whose primary accounts with MLXjet are paid in full and up-to-date at that time. There is an initial 15 day delay in online sales reporting as an anti-fraud, anti-spam precaution. If you are within the 15 day refund period, you may, or may not be owed Referral Royaties™ payments. Sales statistics will not be available for viewing until day 16. Should you exercise your right to refund on your MLXjet purchase, you forfeit any and all Referral payments and Referral Royaties™ that may be owed, due or payable to you. As determined at our sole discretion, any applicants who maintain or operate websites that are unsuitable for the program will not be considered. Unsuitable Associate Members websites include sites that:
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote unlawful activities
- Promote the use of unsolicited bulk email (U.B.E.), bulk commercial email (U.C.E.) or SPAM
- Contain content that is threatening, defamatory, fraudulent, obscene or harassing
- Violate intellectual property rights
2. Order Processing
a. Order Processing: We will be responsible for processing every order placed by a customer who utilizes the special promotional link provided to you. Those responsibilities include order forms, payment processing, shipping, cancellations, returns and related customer service. Our rules, operating procedures sales policies and general policies regarding customer orders and accounts apply to orders we receive through/accompanied by your special promotional link. We reserve the right to reject any order for any reason, including any order that does not comply with our rules, operating procedures and policies or that violates applicable law.
b. Tracking of Sales: We will track sales made to customers who use your promotional link. We track sales through the use of cookies. You will be responsible for ensuring that your special link is entered correctly by customers, a necessary prerequisite for those customers to obtain discounted pricing as well as for us to track such sales. Statements of Referral product sales activity will be provided to you. All statements after 30 days shall be deemed correct unless you give us notice of any error prior to that date. We shall not be responsible for any errors you or your customers make which result in any loss of any tracking information contained in the special link. We do not have any obligation or liability to pay Referral fees for purchases made from which cookies are not reasonably traceable by MLXjet. To protect our customers' privacy, the names or other personal information about specific customers will not be provided to you. We will mail out commission checks on the first day of the month.
c. MLXjet's Sales Policy Applies to All Orders: Every customer who buys a product through this program is deemed to be a customer of MLXjet. You do not have the authority to make or accept any offer of purchase on our behalf. All of our policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. We are not responsible for any representations you make which conflict with our policies.
d. Product Pricing: We will follow our pricing policies to determine the price of MLXjet products sold on the MLXjet.com website. Product prices may vary from time to time. You may not specify exact product prices in your descriptions. Product price changes are subject to change without notice and we cannot guarantee product pricing.
3. Referral Fees
a. Referral Fee Amount: We will pay the MLXjet Approved Associate Member a one-time $50.00 commission, on all net product sales of qualifying MLXjet products or services purchased by an end-user using the appropriate Associate Member promotional link at our secure point of sale. Net product sales are defined as completed online sales accompanied by an approved Associate Member's promotional code, less any returns and/or charge backs.
b. Renewals: MLXjet is sold on an annual subscription basis. Should your referred (Associate Member generated) clients renew their annual subscription with MLXjet, you the MLXjet Approved Associate Member shall be paid an additional referral fee(s), referred to as a "Referral Royaties™*". Referral Royalty payments shall be limited and payable to a maximum of (10) ten years or (10) ten renewals at which time the Referral"s Royalty expires, with a fee schedule set out as follows: Year 1 renewal: $25.00, Year 2 renewal: $25.00, Year 3 renewal: $25.00, Year 4 renewal: $25.00, Year 5 renewal: $25.00, Year 6 renewal: $25.00, Year 7 renewal: $25.00, Year 8 renewal: $25.00, Year 9 renewal: $25.00 and Year 10 renewal: $25.00. The maximum Referral Royaties™* payable on any one referral sale is/are $250.00 over 10 years and is/are contingent upon referred client actual subscription renewals. Referral Royalty payments are in addition to the initial $50.00 commission payable.
c. Referral Fee Payment: We will send you a check for your total Referral fees payable and a statement of product sales activity every month. You agree to give MLXjet the right to publish your name, address and recent photograph as it appears on your MLX template, along with your Associate Member earnings amount(s), without any claim for broadcasting, printing, royalty or other rights.
d. Returns and Cancellations: If a referral fee product is later returned by the customer, its referral fee will be deducted from the next payment sent to you. If no referral fee is owed to you, you will be billed for this amount which is owed to us.
4. NO SPAM POLICY
You agree to observe and adhere to MLXjet's strict NO SPAM policy. Our policy is simple: we do not permit SPAM of any nature in any capacity. You understand that any form of SPAM or U.B.E. (unsolicited bulk email) or U.C.E. (unsolicited commercial email) may NOT be employed or used by yourself or any third party to promote or generate sales or to promote, advertise or otherwise distribute your Associate Member promotional code, directly or indirectly; and that your MLXjet Approved Associate Member status, including promotional code, may immediately be revoked and terminated without notice if you engage in any such activity.
5. NOT VALID WITH ANY OTHER PROMOTIONS OR OFFERS
The MLXjet Referral Royaties™ program is not valid in conjunction with any other offers or promotions past, present or future. It is not valid with any other promotional codes or office programs and/or discounted pricing. It is not valid with any prior assigned codes or invoice number codes. If you have offered or extended discounts or discounted offers to others and caused sales from those actions, no referral commissions are applicable or payable in any regard. No back-dated or retro-active referral commissions are payable under any circumstances and all of the foregoing shall be without exception. Associate Member"s Promotional Codes have no face value or cash value and are non-transferable.
6. Responsibility for Your Website
You will be solely responsible for the development, operation and maintenance of your website and for all materials that appear on your site. For example, you will be solely responsible for: the technical operation of your site and all related equipment creating and posting product descriptions on your site and linking those descriptions to our Website the accuracy and appropriateness of materials posted on your site (including, among other things, all product related materials) ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights) ensuring that materials posted on your site are not libellous or otherwise illegal.
a. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of your website.
7. Limited License
a. We grant you a non-exclusive, revocable right to advertise and promote MLXjet products and services. We reserve all of our rights in our company logo, any other images, our trade names, trademarks and copyrights and all other intellectual property rights. We may revoke your license at any time by giving you written notice. Upon cancellation or termination of this Agreement, you agree to immediately cease all promotion and advertisement of MLXjet products and services as herein described.
8. General Provisions
Website Service Interruption: MLXjet will make every effort to keep its Website(s) operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. You agree not to hold us liable for any of the consequences of such interruptions.
a. Term of the Agreement: You may only receive referral fee payments for orders that are properly placed during the term of this Agreement. This term will begin on the date that you purchase or sign up for MLXjet and shall end when cancelled or terminated by either party as provided below. Unless otherwise cancelled or terminated, the Agreement will be for one (1) year and automatically renewed annually. Referral fees earned through the date of cancellation or termination of this Agreement will remain payable only if the products are not returned or cancelled from their orders. Payment of the final referral fee payment to you may be withheld for a reasonable time in order to ensure that the correct amount is paid.
b. Modifications: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new Agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee rates, payment procedures, and program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
c. Effect of Termination: Upon termination or expiration of this Agreement, Participant shall have no right or license to promote the MLXjet trademarks, copyrights, intellectual property, etc. in any manner. MLXjet shall have no obligation to pay Participant any fees or charges, including Referral Fees, for services or products purchased after the expiration or termination of this Agreement for any reason. All provisions of this Agreement which by their nature are intended to service the expiration or termination of this Agreement shall survive and remain in full force and effect.
d. Cancellation of This Agreement: Either party may choose to cancel or terminate this Agreement at any time and for any reason by written notice of cancellation or termination to the other.
e. WARRANTY DISCLAIMER: WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH REGARD TO THE PROGRAM OR ANY PRODUCTS SOLD THEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
f. LIMITATION OF DAMAGES: WE SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM SHALL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE BY US TO YOU UNDER THIS AGREEMENT.
g. Independent Contractors: You are an independent contractor and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship with us.
h. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the province of British Columbia, Canada, excluding its conflict of laws principles. Any lawsuit relating to this Agreement must be brought in the Federal or Provincial courts located in Vancouver, British Columbia, Canada.
i. Headings. The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.
j. Assignment. You may not assign this Agreement, by operation of law or otherwise, without prior written consent from MLXjet. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and enforceable against the parties and their respective successors and assigns.
k. Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
l. Free to Contract with Others: You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your website.
m. Independent Investigation: You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
9. ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS: BY CHECKING THE BOX ON THE FOREGOING ORDER PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, AS WELL AS THE T & C IN ITS ENTIRETY AND AGREE TO ALL ITS TERMS AND CONDITIONS.
* Referral Royalties projections are contingent upon actual subscription renewals.
Copyright ©2006-2008 MLXjet Media Corp. All Rights Reserved.
