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Earboard Affiliates’ Terms and Conditions
|Earboard Affiliates’ Terms and Conditions|
Terms and Condition
The following was formulated for the purpose of ensuring growth and practical business operations, for you to use on a regular basis. Please refer to them when you have questions about Earboard Affiliate Program or need to clarify any concerns about your business practices.
Earboard.com reserves the right to revise this information at any time.
When you register as a member with Earboard Affiliate Program you agree to follow and be bound by the Earboard Code of Ethics and Policies and Procedures, which are amended from time to time.
Violations of our Code of Ethics, Participant Agreement, or the written Policies and Procedures may lead to dis-membership. Please read through these Policies and Procedures carefully to fully understand your rights and responsibilities as a member of Earboard Affiliate Program.
As you join the membership, you accept to pay a onetime non-refundable fee of N1300 ($3.5 USD). To start benefiting from Earboard.com
MEMBERSHIP CODE OF ETHICS
I will follow the highest standards of honesty and integrity in all that I do.
I will not make negative or disparaging remarks about Earboard.com and its Affiliate Programs.
I will accurately and honestly present Earboard Affiliate Program, clearly showing how it works without distorting facts.
I will not produce marketing or training aids of any kind for sale to other promoters without the prior written permission from Earboard.com and its Affiliate Program.
I will consistently put forth my best efforts to promote the success of my business. I will not engage in activities that will cause loss to another Earboard member.
I will not use the organization’s name, information, literature, gatherings of people or other Company Resources to further other business interests (i.e. selling insurance etc. or sponsoring into other companies).
I will abide by all Policies and Procedures that pertain to the operation of my business.
During the course of a Membership, neither the Promoters nor their spouse, or any other person assisting in a Membership will, directly or indirectly (through or by means of any person, entity, or artifice), solicit, promote, sponsor or recruit any Earboard members or any Earboard Affiliate partners they became aware of in the course of their Earboard membership, to join, promote, sell, or purchase products , or participate in as a salesperson or otherwise, any multi-level marketing or direct sales company, and nor will they encourage anyone to do what is prohibited under this rule. Violation of this rule is likely to result in termination of the membership and all Earboard Benefits.
OVERVIEW OF POLICIES AND PROCEDURES
An Affiliate is considered to be a duly authorized and fully paid member, herein after called Affiliate or Referral, if Earboard.com accepts the completed Application and Agreement.
Earboard.com reserves the right to accept or reject any member’s Application and Registration form without having to assign any reason for its acceptance or rejection.
All Affiliates are independent promoters and are neither agents nor employees of Earboard.com
The Promoter is responsible for bearing all costs and expenses incurred in the conduct of their participation.
A Promoter must be 18 years of age.
MAINTENANCE OF MEMBERSHIP ACCOUNT INFORMATION
It is the responsibility of each member to update any registration details of their account such as email address, postal address, and mobile phone number. This will ensure the member is kept up to date with all updates from the company. These updates are also sent to all affiliates’ e-mail address. Earboard.com will bear no responsibility for any loss (moral, physical or financial or legal or any other kind of loss) caused by entering wrong information into registration form/ misrepresentation by any member or any person.
Each member must keep their password and other secure access information confidential and notify Earboard Admin promptly if the member believes that the security of an account has been compromised. Earboard.com has taken reasonable steps to protect the security of online transactions. However, Earboard.com cannot and does not warrant such security and will not be liable for any losses or damages resulting from any security breaches.
RELATIONSHIP OF AN AFFILIATE TO EARBOARD.COM
Members representing Earboard Affiliates are known as Affiliates or Referrals or independent promoters and have no authority to bind the company to any obligations. The relationship between Referrals and Earboard.com is established only by this Agreement. A referral is not an employee or any other legal representative of Earboard.com or its service providers.
Members are solely responsible for all self-employment taxes and any federal, state, local or other taxes that may be due as a result of their Earboard Affiliate earnings. Affiliates or referrals agree to abide by national, federal, state, provincial, county or local laws, rules and regulations pertaining to this Agreement. At Affiliates’ own expense, members will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement.
TRADEMARKS AND MARKETING MATERIALS
Members will not use Earboard names and/or trademarks except to promote Earboard.com or its services. In all such authorized use, Members will ensure that they represent themselves as an independent representative and that all marketing efforts are the responsibility of the member and not the company.
Any sales and marketing materials supplied by Earboard.com may NOT be sold to other parties at a profit and that any purchase of these materials from Earboard.com does not qualify members for any reward payments.
Earboard.com makes no warranty, express or implied, with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stated in writing in connection with the purchase thereof.
THIRD PARTY MARKETING MATERIALS CREATED BY ASSOCIATES
Members may create their own marketing materials. Any marketing materials that use the name Earbaord or any of its logos, trademarks or trade names MUST be approved by compliance department of Earbaord.com before they can be used.
A Compliance Approval Form is available on request via email from your dashboard member area.
Earboard.com has no liability or responsibility for any content, including the quality, accuracy, completeness, legality, or usefulness of any information, product, service or process promoted on members web site or other marketing materials.
In no event shall Earboard.com be liable for any claims or damages of any kind arising from the contents of any website or marketing materials created by a Member. References in a members website or marketing materials to products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise do not constitute or imply an endorsement or recommendation Earboard.com
Members are not permitted to take advantage of Company’s name and are therefore not permitted to either infer or imply that they have a direct association or affiliation with Company by promoting themselves by way of Earboard.com name variations.
Earboard.com produces approved literature for use by Members. All promotional material appearing in the Members Virtual Office is approved for downloading to print and copying onto disc for promotional use to prospective members however it may not be altered or added to in any way.
All submissions for compliance approval can be made by completing the contact form.
On occasion, Earboard.com will undergo routine maintenance or experience unexpected technical problems. Earboard.com will make a good-faith effort to do maintenance as quickly and conveniently as possible, and to respond to technical problems promptly. Earboard.com may be required to access an Associate’s web site from time to time to provide maintenance. Earboard.com will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by Members; or temporary or permanent loss of data.
PROMISES MADE BY EARBOARD MEMBERS
When a Member presents Earboard.com to others they should understand all aspects of the rewards program and not make any representation or promise that is not contained in this agreement or in Earboard.com corporate literature and promotional materials. This representation includes print media, video/audio media or any other form of advertisement/ promotion.
If a prospective Affiliate relies on any promises made by an Earboard Referral that is not stated in this Agreement and/or official company materials, and the member fails to keep any such promise, the prospective members shall only have recourse against the member and not Earboard.com
If the member has unfulfilled promises made they have the option of lodging a complaint with Earboard.com Upon receipt of such a complaint, the organization will investigate the matter as it deems necessary and, upon validation of such a complaint, impose appropriate penalties on the offending Associate. Such action however will not result in any recovery of damages by the prospective Affiliates, which the prospective Affiliates is free to seek against the offending Affiliates, not the Organization.
AFFILIATES RIGHTS AND RESPONSIBILITIES
Members who choose to promote Earboard.com are able to earn money and rewards through Earboard.com’s compensation package. The Affiliate understands and agrees to abide by the Members Agreement. A Member understands they are bound by the terms hereof and that the member will be entitled to participate upon acceptance of a valid application for participation.
To earn the benefits, an Affiliate needs to personally register and activate his/her account with afore mentioned amount. Earboard.com makes NO guarantees that an Affiliate will qualify or earn the rewards.
No member may make any promise or guarantee that an affiliate will derive any specific income or profit from the income opportunity as a member of Earboard.com Any rewards or income an affiliate earns or receives through the membership is a direct result of the steady account activating efforts of the members and affiliate participation in Earboard activities. Members must meet the required qualifications as set out by Earboard.com to receive rewards or get paid from the membership.
Members will not misrepresent Earboard.com in any manner whatsoever at any time.
For purposes of this policy, misrepresentation includes, but is not necessarily limited to the following:
Reviewing the marketing plan with any person without clearly advising them that no remuneration is received solely for enrolling or sponsoring new Affiliates.
Reviewing the marketing plan with any person without clearly advising them that there is no requirement to pay a fee other than the Joining Fee of N1300 ($3.58)
Stating that any person has made or may make any specific income through the use of the marketing plan and by the generation of income, whether by specific example, geometric progression, or otherwise. Unless in the same presentation it is stated that said hypothetical or potential earnings, as earnings may vary due to individual efforts in activating accounts, geographic location, timing and many other factors.
Members agree that Earboard.com may from time to time make changes to its benefits and opportunities, services, membership fees, & marketing plan . Members will be made aware of changes via email orSMS to mobile phone listed in their account details as well as posting updates in the UPDATE/News section of the Earboard.com website or members Dashboard. It is the responsibility of each member to ensure the email address listed in their account is valid and that they check regularly their Dashboard for the latest updates. Members agree to abide by all changes.
Withdrawal may attract charges from the BANKS.
Members understand that the Earboard marketing plan, details of their progress in the rewards program, details of their Earboard.com sales team, and official company literature are proprietary information and considered trade secrets of Earboard.com
Members hereby agree to not directly or indirectly disclose or use any of said confidential or proprietary information except to specifically promote Earboard.com opportunity in accordance with the provisions of this Agreement. A member further agrees that this provision shall survive the expiration or termination of this Agreement for a period of one year.
TRANSFER OF MEMBERSHIP ACCOUNT AND BENEFITS
An Affiliate may sell, or WILL on to its “surviving heirs”(Beneficiaries) its interests in its business asset / any continuing income / and the inherent future potential of its earnings. In such an event, the remaining period of income and incentives shall also be transferred to the purchaser or heir. For Earboard.com to acknowledge the sale the selling Members must supply proof of the sale in the form of a signed letter by both parties detailing that the sale has been made as well as providing details of the purchaser including all the fields listed in their profile. The documents can be emailed to firstname.lastname@example.org or through our contact form. Earboard.com will advise the seller and the purchaser by email if the sale has been approved.
Members who sell their Earboard Account must wait 3(three) months after the sale has been executed and authorized by the Company before they can rejoin as an Associate.
Should a member wish to cancel their Agreement with Earboard.com, such member should notify Earboard through the contact form. If the membership is cancelled, that member may not apply for new membership for at least 3 months after Earboard.com has received the notice of cancellation. Earboard.com reserves the right to cancel a members Agreement should there be any breach by the member.
Earboard membership account, like any other account, business or asset a member may have, is fully transferable in accordance with the terms of a Will, or, in the absence of a Will, it passes to the heirs pursuant to the applicable interstate succession laws. For those members whose Earboard account is/are owned by a corporation (or some other type of legal entity), there would be no change in the ownership of the Account upon the death of an owner of that corporation, etc. Ownership of the corporation would change by passing to the heirs, but the corporation would continue to own the Earboard Account.
Members indemnifies and holds Earboard harmless against all claims made by any third party, and any related damages and expenses (including reasonable attorney’s fees), arising out of or connected with the members conduct, the associate’s website or online store, the services the members offers, or any violation of this agreement by affiliates.
LIMITATION OF LIABILITY
Earboard.com makes no warranties, express or implied, related to the ” Earboard marketing Plan”, services rendered there under or, including but not limited to warranties of Empowerment and privilege of purpose. Earboard.com will not be liable to any member for indirect, incidental, special or consequential damages, such as (but not limited to) loss of profits or business interruption, arising out of or connected to the use of, or inability to use, the ” Earboard.com “, related services, or marketing materials provided to any Affiliate. The total liability of Earboard.com for any and all damages arising from or connected with this Agreement, the ” Earboard “services, or marketing materials provided to any member shall not exceed the total membership fees paid by the members to Earboard.com
IMPOSITION OF PENALTY
If member breaches any of the provisions of this Agreement, violates any applicable law or regulation or engages in any false, misleading or unfair marketing practice, including but not limited to, making misleading income representations or making promises to potential Members that cannot be kept by member, (herein called “Violation”) any such Violation is grounds for the imposition of penalty, as more fully set forth hereafter.
The Organization may suspend the Member, including suspension of rewards earned at the time, Blocking of Account pending investigation of any alleged Violation. The Affiliate shall be given notice of the alleged Violation by e-mail, fax or other rapid method of communication and shall have seven days thereafter to respond in writing (verbal response will not be considered) to any alleged Violation (s), failing which, the Organization can consider the allegations to be true. (It is Affiliate’s responsibility to see that Organization receives the response, with supporting documentation, if any, within the seven-day period.) If at the end of the investigation it is determined that Member is to be penalized, the date of the imposition of the penalty can be, at the Organization’s option; The date of the penalty notice, The date of the notice of the alleged violation, The date on which suspension, if any, occurred, or Any other current date.
Incomes suspended and/or earned, if any, as of the date of a termination, shall not be paid. Any such payments not paid shall be deemed to be liquidated damages as payment of part of the damages suffered by Organization for the Violation. A Member can request that any decision to impose a penalty be reviewed and supply any additional material that may bear on the matter in support thereof within seven days after notice of the penalty is given. The Organization shall then advise the Members of its final decision. The Organization shall have the option of imposing any one or more of the following penalties for Violations:
Blocking of the Member’s Earboard Account;
Denial or revocation of any Incentive awards otherwise earned;
No extension of time or indulgence granted by Earboard.com to the members shall be deemed in any way to effect, prejudice or derogate from the rights of Earboard.com in any respect under this Agreement, nor shall it in any way be regarded a waiver of any rights by Earboard.com hereunder or a notation of this Agreement.
The English version of this Agreement, as maintained by Earboard.com is the official version and shall have control over any other language version(s) which may be made available for ease of reference for some Distributors. As used in the Earboard materials, when the term, “refer/introduce” and words of similar import are used to describe the enrolment/ promotional activities of members this is an abbreviated reference to the promotional activities of member with respect to sales and it is understood.
INCORPORATION OF AGREEMENTS
If Member has registered in “Earboard Affiliate Program “, the User Agreement and Acceptable Use Policy are incorporated herein as if fully set forth.
This Agreement constitutes the entire agreement between the parties on the subject matter hereof, and no other additional promises, representations, guarantees or agreements of any kind shall be valid concerning such subject matter unless in writing and signed by an authorized officer of Earboard.com
Earboard.com is not responsible for the acts of its Members under any circumstances for their wrongful and illegal activities.
A Member acknowledges that he/she has read, understands and agrees to the terms set forth in this Agreement. A member understands that this Agreement is not in force until accepted.
COMPANY HAS A ZERO TOLERANCE ANTI-SPAM POLICY.
THIS MEANS THAT ANY MEMBER OR RELATED MEMBER THAT SPAM’S IN ANY WAY SHALL BE IMMEDIATELY TERMINATED WITH ALL RIGHTS FORFEITED.
The following Acceptable use (Anti-Spam) policy sets forth what activities on the part of an Organization; Members will not be tolerated under any circumstances. These policies will be enforced to insure Earboard.com continued reputation remains as a high quality, professional Organization will immediately terminate any Member found engaging in spamming or any illegal activity. Their participation shall be terminated and they will be charged five hundred dollars for each reported spamming activity as a penalty and damage charge. Company will immediately contact state and federal authorities to report such activity as it is a crime in many jurisdictions to Spam.
Any Member, person or entity found spamming will have their relationship to Earboard.com terminated, when Company receives complaints from any part of the Internet community and verifies same. All Members are required to agree and adhere to these stated conditions. A Member cannot violate any applicable local, state, federal or international law. Illegal spamming activity includes posting identical or substantially similar articles to an excessive (more than 3) number of news groups or continued posting of articles which are of topic for a newsgroup; Sending unsolicited mass (to more than 10 users) emailing which provoke complaints from the recipients or where the recipients have not agreed, prior to such mailing to accept such emails. Unsolicited commercial advertisements will be treated as illegal Spam.
EARBOARD.COM WILL FULLY COOPERATE WITH ALL ANTI-CRIMINAL AUTHORITIES TO PROVIDE INFORMATION AS TO THE PERSON OR PERSONS THAT ENGAGED IN THE SPAMMING ACTIVITY IN ORDER TO OBTAIN WARRANTS AND CRIMINAL CHARGES AGAINST THOSE MEMBERS.
To Report any case of Spamming please use our contact form.