Terms of Service ...
The terms of service below apply to both advertisers and resellers of products and services created by JPE Advertising. The term members is interchangeable and applies equally to Advertisers, Resellers, Associates, and Affiliates.
These terms represent a contract between you and JPE Advertising and as such the terms of the contract are fully enforceable by law for all our Products and Services.
Membership Standards:
An Independent Reseller of JPE Advertising Products and Services agrees to always act honestly and fairly in a way that will enhance the reputation of the Member and JPE Advertising when representing JPE Advertising Products and Services.
A Member agrees to always offer full support as a sponsor of their personally referred members and future prospective members. This includes avoiding deceptive or illegal practices and making untrue claims regarding JPE Advertising Products and Services, and administrative officers.
A Member agrees to not make public projections and claims regarding the income potential of any member, including themselves and a Member understands that the success of other Member's may differ substantially and is determined by many variables uncontrollable by JPE Advertising.
When promoting JPE Advertising Products and Services a member agrees to be respectful of all prospective Members. This includes respectful acceptance of all prospective Member comments and questions as well as their privacy concerns.
A Member agrees to be and understands that they are solely responsible for any and all legal and financial obligations that could result from any JPE Advertising Products and Services Membership. This includes but is not limited to self-employment taxes, income taxes, sales/use taxes, etc.
A member understands that if they have questions pertaining to any of the legal documents supporting JPE Advertising Products and Services they should contact the Support Team of JPE Advertising for the most up to date answers to resolve those questions, or view the latest terms of services at the products or services website.
Ads placed on the network by members must be...
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Membership Details:
An Independent Reseller of JPE Advertising Products and Services is required to understand and abide by the rules, terms, and policies outlined by JPE Advertising.
JPE Advertising reserves the right to change their rules, terms, and policies at any time as they deem appropriate.
JPE Advertising Products and Services comply with all federal, state, provincial, and local laws, as well as all statutes and regulations governing Network Marketing and Internet Advertising and requires every Reseller to do the same.
Independent Reseller Status:
An individual may become an Reseller by agreeing to comply with all JPE Advertising Products and Services Policies and Terms and Conditions. An applicant wishing to become an Reseller or Advertiser must fill out the appropriate registration form online.
JPE Advertising reserves the right to reject any person wanting to become an Independent Reseller or Advertiser,or withdraw the active status of an Independent Reseller or Advertiser for any reason. Withdrawal of a Member's active status by JPE Advertising for any of their Products and Services after any fees have been collected may be refundable at JPE Advertising's discretion, and depends solely on the reason for termination of the Member's account.
Any personal information collected on the Croc-Ads registration form will be retained in accordance with JPE Advertising Privacy Policy.
Use of Autoresponders:
Members must maintain an active, reachable email address at all times. We recommend gmail. You can get a free account here http://mail.google.com - Autoresponders are strictly banned from our systems and any members found using them will have their accounts instantly terminated from the JPE Advertising Products and Services Network.
Refund Policy & Chargebacks:
Once you have completed any purchase at any of JPE Advertising Products and Services websites, you acknowledge that you have read the terms of service fully and that you voluntarily agree to be bound by these terms which include a zero refund policy, and that you expressly agree to forego any and all refund claims.
JPE Advertising offers advertising services and makes no claim to suitability or performance. Results depend on many factors beyond JPE Advertising's control. We simply display your offers to a targeted audience. It is up to your ads sales copy to entice the audience to click on your website link.
Member Rights:
All active Members are authorized to promote and sell the advertising services of JPE Advertising, by advertising their own JPE Advertising Products and Services web site, and in doing this, quality to earn commissions for all advertising sold through their reseller site.
Legal Age:
Members must be of legal age, or age of the majority (whichever maintains precedence) in the state, province, or country of their primary residence. JPE Advertising reserves the right to ask any Member to provide proof of age for any reason.
Multiple Member Accounts:
Members may not have more than one active account in any JPE Advertising Products and Services website. Any and all information held by JPE Advertising in a Member's record can be used at the discretion of JPE Advertising to determine if a Member has direct ties to more than one account.
JPE Advertising reserves the right to terminate additional accounts held by the same Member and the Member him/herself risks immediate termination for violating the JPE Advertising Products and Services Terms and Conditions.
Member Account Names:
A person many not enroll as a Member of any JPE Advertising Products and Services websites using a fictitious personal name or corporate name. The name associated with a Member's account must be their legally registered name or business/corporate name.
Independent Member Status:
All Members are independent contractors of JPE Advertising Products and Services. Membership accounts with any JPE Advertising Products and Services websites are not franchises, joint ventures, or partnerships with JPE Advertising, unless otherwise specific by the management, nor does any Member count as an employee, agent, or administrator for JPE Advertising. Members are strictly prohibited from stating or implying that they hold or maintain any other type of relationship with JPE Advertising. Members, both active and inactive have no authority to bind the Company to any obligation.
Member Identification:
Members may be required at any time to provide JPE Advertising with a valid government-issued tax identification number (or other means of identification as mandated by the Resellers home domicile tax authority), as well as a current and valid billing and mailing address, phone number and e-mail address.
This personal information gathered at any JPE Advertising Products and Services website will be used for purposes pertaining to a Members account only and will be kept in a secure location by JPE Advertising.
Failure to provide such requested information and proof that it is current may result in (a) termination of the Member's Membership, (b) forfeiting of any and all commissions due.
Any penalties or fines that may result from issuing an incorrect tax identification number or other personal information to JPE Advertising will be the sole responsibility of the Member.
Member Advertising and Account Rules:
Exclusive Marketing Territories:
Unless it is implied through formal written documentation by JPE Advertising, no Member has exclusive marketing and sponsorship rights over a specific territory. Members found to be implying such rights risk immediate termination from any and all JPE Advertising Products and Services websites.
Exclusive Marketing Methods:
Unless it is implied through formal written documentation by JPE Advertising, no Member has been given the authority to supply other Members with exclusive marketing material, methods, leads, etc. Members found to be implying such rights, either online or offline, risk immediate termination from any and all JPE Advertising Products and Services websites.
Member Legal Compliance and Taxation:
It is the Members responsibility to stay informed and comply with all international, federal, state and/or provincial statutes, laws and regulations, and all local ordinances and rules concerning all aspects of any JPE Advertising Products and Services website business. Members are responsible for their own managerial decisions and expenditures, including taxes. Since no Member is a JPE Advertising Products and Services employee, with respect to any law, statute or rule for federal or state tax purposes JPE Advertising is not responsible for payment or co-payment of any employee benefits and/or taxes.
Members will not be treated as franchisees, joint ventures, partners, employees or agents with respect to the United States Internal Revenue Code, Social Security Act, any federal, state and/or provincial unemployment act(s), or any federal, state, provincial or local laws, statutes, ordinances, rules or regulations. All Resellers are considered to be Independent Contractors, with status dictating a non-employee status in all foreign locations.
Confidential Information:
All information found in any of JPE Advertising Products and Services Members Only websites is considered proprietary and confidential and for access by Members only. Information pertaining to other Members on any JPE Advertising Products and Services website must not be shared with non Members or any third party.
Restricted Countries:
Due to legal and tax considerations JPE Advertising may be forced to exclude residents of certain countries from becoming an active Member of their programs.
Any Member found to be recruiting, targeting advertisements to, training residents of, or doing any other activity related to building any JPE Advertising Products and Services website in restricted countries risk immediate termination.
Creating a New Member Account:
With one exception Members are strictly prohibited from canceling their active Membership and rejoining with a different sponsor.
At the discretion of JPE Advertising, there may be one exception offered to those Members who clearly accidentally enrolled into any JPE Advertising Products and Services website at the wrong Member's affiliate web site.
Croc-Ads Web Site Materials and Content:
The name JPE Advertising Products and Services, all copyrighted material, Intellectual Property, JPE Advertising Products and Services websites logos, and the names of all Company products and services are the intellectual property of and owned by JPE Advertising. Only JPE Advertising is authorized to produce and market products, materials and literature under these intellectual property rights.
Use of the JPE Advertising name in any manner not approved or authorized by JPE Advertising, or without the terms “Independent Reseller“ is prohibited.
Communications and Advertising:
In all written promotional and information content both online and offline pertaining to JPE Advertising Products and Services, Members are permitted to use the websites name as long as they have received company approval and all information is accompanied by the term “Independent Reseller“.
Any Member found to be transmitting, displaying, or sharing any form of self constructed marketing material pertaining to any JPE Advertising Products and Services website including online and offline written material, endorsements, conducting live interviews, giving speeches, trade shows, etc. without written consent from JPE Advertising will risk immediate termination.
Telephone and Fax Solicitation:
Members are prohibited from using the JPE Advertising name or copyrighted materials with automatic calling devices, call centers, and fax broadcasts to solicit new business.
E-mail Solicitations:
JPE Advertising Products and Services do not condone or tolerate the use of Unsolicited Commercial E-mail (UCE), Unsolicited Bulk E-mail (UBE) or Spam. All e-mails sent out by a Member to promote their JPE Advertising Products and Services websites must fully comply with JPE Advertising's strict No Spam Policy.
Failure to comply will result in immediate termination of the guilty Member's account with all pending commissions forfeited and no further access to the Members Only Site.
Income Claims:
No income projections, whether supported mathematically or otherwise, may be made public to other Members or any prospective Members. No JPE Advertising Products and Services Member is permitted to display their earned commissions as enticement to a prospective Member. Members cannot guarantee commissions, bonuses, etc., to any other members and this implies a direct knowledge of another persons ability or lack of ability.
Member Compensation Details:
Payment Options:
Prospective Members of any JPE Advertising Products and Services website are required to first attempt their purchase using a credit card. If the purchase fails an option to purchase via eCheck will be displayed.
Future Payments:
In the event that a monthly payment option is declined for up to three (3) attempts, failure to resolve the non-payment will cause a Members account to be cancelled.
Price Changes:
All JPE Advertising Products and Services are subject to change without prior notice. Current prices for all JPE Advertising Products and Services can be found on the appropriate web site.
Membership Cancellation:
A Member may voluntarily terminate his/her Reseller status by clicking the “Cancel Membership†link at the bottom of any page in the Members Only Site and following the simple instructions.
Voluntary termination is effective immediately when a Member follows through with the cancellation procedure in the Members Only Site.
A Member who voluntarily terminates his/her Membership may establish a new Membership immediately as long as they retain the same sponsor for their new account.
A member wanting to establish an account with a new sponsor must wait three (3) months from the date of voluntary termination before making a new Membership.
Suspension/Termination:
A Member may be suspended, terminated or have certain privileges revoked for violating the terms and/or policies outlined by JPE Advertising. Any discipline applied to a Member account is at the sole discretion of JPE Advertising.
Suspended Members may not represent him/herself as a JPE Advertising Products and Services website Reseller. All access to the Members Only Site and automated marketing system will be denied. The suspension period shall be no less than 15 days and the duration is at the discretion of JPE Advertising only. Any commissions or bonuses due may be held by JPE Advertising for the duration of the suspension and pending resolution of any issues relative to the suspension. Suspensions take effect immediately upon notification of suspension being sent by JPE Advertising.
Effect of Termination:
In the event that a Member is terminated by JPE Advertising for violation of the terms and/or policies, effective as of the date of such termination, the Reseller can no longer sell any JPE Advertising Products and Services nor can they sponsor other new Resellers. The terminated Reseller also loses all rights to future sales commissions, bonuses and access to the Members Only Site.
Payment Method:
JPE Advertising pays Member commissions via PayPal, AlertPay and e-Gold. It is incumbent on the member to enter their payment details in their member profile area when joining in order to be paid commissions. JPE Advertising will not chase a member who fails to enter their payment details and a member risks losing their commission by not entering this information.
Commission Payment Schedule:
Member commissions are paid on the 1st and 15th of each month 15 days.
Membership Agreement:
Amendments and Modifications:
JPE Advertising reserves the right to amend any of their website(s) governing documents, Policies, Procedures, Terms and Conditions, company web sites, etc. at any time, as the Company in its sole discretion deems appropriate.
Changes are considered effective and binding on all Members as of the date of them being presented live on the JPE Advertising Products and Services website. Member who continue to participate in any JPE Advertising Products and Services website program, after such amended policies have been published and/or after being notified by JPE Advertising or otherwise becoming aware of such amendments, shall be deemed to have accepted and agreed to any such amended policies, terms and requirements.
Non-Waiver Provision:
No failure, delay or omission of JPE Advertising to exercise any right, power or provision contained within the JPE Advertising Policies and Procedures shall constitute a waiver of JPE Advertising right to demand exact compliance with all terms and provisions contained within the JPE Advertising Terms and Conditions on future defaults by any member.
Indemnity Agreement:
In consideration for receiving any JPE Advertising Products and Services and/or for participating in any JPE Advertising Products and Services website programs such as the affiliate program or contests, each Member agrees to indemnify and hold harmless JPE Advertising, its parent company JPE Advertising it's shareholders, general/limited partners, successors, employees, agents, attorneys, officers and directors in any corporate or other business capacity from and against any and all demands, liabilities, losses, costs, penalties, obligations, interest, damages and expenses of whatever nature or kind, including without limitation attorneys fees (including both outside and in-house counsel), and all other expenses, related to or arising from participation in any JPE Advertising program.
This indemnity specifically extends to include without limitation any actions, results, causes of action or allegations in connection with (i) any Resellers JPE Advertising Products and Services website business and its affiliates activities as a JPE Advertising Products and Services website Reseller; (ii) any breach of any terms, policies and conditions agreed to by the Reseller and/or contained in any JPE Advertising Products and Services website Policies and Procedures, or; (iii) violation of any federal, state, provincial and/or local law, statue, ordinance, rule or regulation.
Entire Agreement:
All JPE Advertising Products and Services website Terms and Conditions and Policies, as well as all other JPE Advertising Products and Services website governing documents, are hereby incorporated into a Members Membership with any JPE Advertising Products and Services website. These together constitute the entire agreement of JPE Advertising and any Member regarding their business relationship, and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings, oral and/or written, by or of the parties in connection with the subject matter hereof.
Severability:
If, under any applicable and binding law or rule of any applicable jurisdiction, any provision of these Terms and Conditions and Policies, or any specific standard or operating procedure which JPE Advertising has prescribed, is held to be invalid or unenforceable, JPE Advertising shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable. The parties shall be bound by any such modification, and the modification will be effective only in the jurisdiction(s) in which it is required. Notwithstanding any such modification, if any provision of the JPE Advertising Products and Services website Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of the JPE Advertising Products and Services website Terms and Conditions and Policies, and shall not affect the validity and enforceability of any remaining provisions, nor shall it affect any other standard and operating procedures which JPE Advertising has prescribed.
Croc-Ads Liability:
To the extent permitted by law, no JPE Advertising Products and Services website shall be liable for, and all Members release JPE Advertising from and waive all claims concerning, any loss of profits, any special or consequential damages, or any other losses incurred or suffered by any Reseller and/or Subscriber as a result of: (a) the breach by the Reseller and/or Advertiser of the terms and conditions specified in any JPE Advertising Products and Services website Terms and Conditions or Policies and/or (b) the failure by a Reseller or Advertiser to provide any information or data required by JPE Advertising Products and Services website to operate its business and/or to conform to applicable laws; and/or (c) any incorrect or falsified information provided, intentionally or not, by any Reseller, Advertiser, or by any agent or authorized representative of any such Member.
No Agency or Third-Party Beneficiary:
JPE Advertising is not the agent, fiduciary, trustee or other such representative of any Member. Nothing expressed or mentioned in or implied from these Terms and Conditions is intended to be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions of JPE Advertising Products and Services website Terms and Conditions are intended to be and are for the sole and exclusive benefit of JPE Advertising and the agreeing Member.
Jurisdiction and Applicable Laws:
The exclusive jurisdiction for any claim, controversy, lawsuit or resolution of any matter relating to or arising under any JPE Advertising Products and Services website Terms and Conditions or Policies shall be the state of New York. The laws of New York govern this Agreement and all of its terms and conditions, without regard to any conflict of laws principles.
Arbitration:
Except as noted herein, any dispute, controversy and/or claim arising out of or relating to any JPE Advertising Products and Services website, the business opportunity, products, and/or any rights and obligations of a Member, or any other claims or causes of action relating to the performance under these Agreements by either JPE Advertising or any Member and/or a Members purchase of any JPE Advertising Products and Services shall be submitted exclusively before binding arbitration, with hearings to be held in New York City, or such other location as JPE Advertising may designate in its sole discretion.
Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may be reduced to judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Member Agreement. Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity or registration or any mark or other intellectual property, or any confidential or proprietary information belonging to or held by JPE Advertising, without JPE Advertising prior written consent.
JPE Advertising may seek any applicable remedy in any appropriate forum with respect to disputes and any money owed to JPE Advertising. In addition to monetary damages, JPE Advertising may obtain injunctive relief in any appropriate jurisdiction against any individual for any violation(s) of JPE Advertising Products and Services websites Terms and Conditions and violation or misuse of them and all governing documents of JPE Advertising Products and Services websites.
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