Terms of Use
Welcome to InternetBusinessTycoon.com. We maintain this Web site as a service to its visitors. By using this Web site, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from InternetBusinessTycoon.com or otherwise use this Web site. Failure to use this Web site in accordance with the following terms of use may subject you to severe civil and criminal penalties.
Introduction:
You agree to the terms and conditions outlined in these Terms and Conditions (the "license") with respect to this Web site (the "Site") and Web site projects ( the "Site Projects") . This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and products provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.
Copyright:
The content, organization, graphics, design, compilation, and other matters related to the Site and Site Projects ( InternetBusinessTycoon.com ) are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site and Site Projects, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or Site Projects. The posting by MytemplateStorage.com of information or materials on the Site does not constitute a waiver of any right in such information and materials. Copyright 2003-2008, Callaway Alliance, Inc., All rights reserved
Limited Right to Use:
Our web site grants you non-exclusive limited license to use the web templates and other products sold through our web site by independent content providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
a) LIMITED USAGE GRANTED
You may use each individual product on a single website only, belonging to either you or your client. You have to purchase the same template once more in order to make another project with the same design.
b) MODIFICATIONS
You are authorized to make any necessary modification(s) to our products to fit your purposes.
c) UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on a diskette, CD, web site or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from us. Your right to use the Site is not transferable. Any password or right given to you to obtain information or products from the Site is not transferable.
Third-party services:
Mytemplatestorage.com may use third parties to provide certain services accessible through the Web Site. Mytemplatestorage.com does not control those third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with Mytemplatestorage.com's TOS, agreements or policies, you must comply with Mytemplatestorage.com's TOS, agreements or policies, as applicable.
Imagery, cliparts and fonts:
All imagery, clipart and fonts used in our products are royalty-free and are the integral part of our products. One Time Usage License and Developers License give you the right to use images, clipart and fonts only as a part of the website you build using your template. You can use imagery, clipart and fonts to develop one project only. Any kind of separate usage or distribution is strictly prohibited. All images and illustrations used in templates come in a single layer, as is.
Use Links Carefully:
Feel free to use your MytemplateStorage.com affiliate links anywhere on your web pages or to email the link address to friends. However, do not send unsolicited email, or "spam" containing your affiliate link. In addition, do not submit your MytemplateStorage.com affiliate link address to any search engines (except you have special site hich sells our templates). You are solely responsible for the consequences of sending unsolicited email or news postings. Please don't do this.
Do not use your affiliate link in any contextual advertising, for example Google AdWords. Never point your advertisement to any of the projects of MyTemplatestorage affiliate program. We have zero tolerance policy for affiliates who don't follow these rules, and your account will be blocked immediately for further investigation. Commission from such an account is not refundable.
Zero Tolerance Spam Policy:
Spam is defined as any unsolicited email whether commercial or non-commercial in nature. Spam includes, but is not limited to email spam, fax spam and search engine spam. All affiliates are expected to adhere to MyTemplateStorage.com's no spam policy. If you run a newsletter, e-zine, or other kind of bulk email service, you must have evidence that people signed up to receive email from you. Any and all spam complaints will be investigated thoroughly. Any affiliate that engages spam or in promoting prohibited products or services in connection with their site in any way shall have their affiliate account terminated and may lose any or all affiliate commissions due to them. The site owner also shall be held liable for any and all damages and/or losses that may result as a consequence.
How Commissions are Calculated:
Commissions are calculated automatically at the end of each day. You can review money balance anytime using your online interface. You earn 20% commission on gross sales for all purchases via your affiliate link (you earn 25% and 30% for TemplateTuning and Site2You affiliate programs accordingly). All customers who come via your affiliate link will receive lifetime lasting cookies on their computers. You will receive 20% of all sales for such customers during affiliate cookie lifetime (you earn 25% and 30% commission for TemplateTuning and Site2You accordingly). Your earned commissions never expire.
Note: If we must refund a customer purchase you received a commission for, the commission you earned for that purchase will be subtracted from future commission earnings. Refunds can occur due to various reasons such as fraud credit card purchase, suspicious order, bank chargebacks etc.
If the purchase was made successfully but commission was not added to your account there are two possible reasons.
1. There was a problem with our server ( pages not loading or loading very slow). If this is the case, we will manually add commission to your account. We will request order information to verify the order.
2. You or someone who should have used your affiliate link to buy the template forgot to use it and bought the template directly from TemplateMonster. Your commission is not refundable.
Form of Payment:
You can withdraw your earnings from your affiliate account using
3 different payment methods: MoneyBookers, ACH (Direct deposit) and Wire Transfer.
1. MoneyBookers payment method is recommended for non-US residents.
At your request we will transfer funds you earned with the affiliate program to your Moneybookers account. You can register a Moneybookers account for free at www.moneybookers.com .
2. Another way to receive money from your affiliate account is via ACH (100 USD minimum).
It will cost nothing for you and it is another fast way to receive your earnings.
3. Additional possibility to receive money from your affiliate accounts is by Wire Transfer . At your request the commissions will be transferred from our banking account to yours. You should earn at least $800 to use this option.
All details must be correct and in English (the transfer will not be returned in case of wrong payment details provided).
Note: Money can be withdrawn only after account balance exceeds $100.
When You Receive Payment:
It will take up to 5 business days for us to initiate the transfer since the day you made a request for the payment.
Commission Structure:
MytemplateStorage.com reserves the right to modify the terms of commission structure and delivery at any time.
Getting template from sales commission
You can get any product from www.templatemonster.com from your commission, however you can not get templates that have zero downloads. The template is offered with a 20% discount.
Supervisor Program:
We will not move people that you claim that should be in your subaffiliates list. It is possible that the person is already a member from a while ago or that they are not accepting cookies in their browser, as this is necessary for affiliates to be placed properly in your subaffiliates list.
You are in no way allowed to register and become a surpervisor of your own affiliate account. If such action in any way is attempted then your account with us will be suspended.
Billing Process:
You may not integrate any of your scripts into the billing process. You may not pass the personal and billing info filled by the clients on the payment page to any of your scripts and you may not save this data. You may not pass in any way the modified information to the payment gateways. In case we find that any script interferes in the billing process your account will be blocked without any further notification and your commission will not be paid.
Template-Help.com is the only one responsible for all the orders and payments and customers security. To keep the billing process safe we can not allow to use any of the custom scripts.
Integration of additional payment options on the template shops:
It's a sole decision of Mytemplatestorage and Template-help.com, who is authorized to act on behalf of Mytemplatestorage.com to collect orders, to have a list of available payment options for the customers. Mytemplatestorage keeps a right to either add or remove a payment option without any prior notice.
You as an affiliate are not allowed to add any other payment options than that offered by Template-help.com, an authorized agent of Mytemplatestorage.com. You are also not allowed to accept payments by any other means than those offered by Template-help.com
Breach of these rules will inevitably lead to your affiliate account termination without any prior notice. Your affiliate account balance will not be available for withdrawal
However, Mytemplatestorage may offer its affiliates custom terms upon negotiations. Please, contact our representative at supportatmytemplatestorage.com for additional information.
Indemnification:
MytemplateStorage.com Indemnity. MytemplateStorage.com should indemnify, defend and hold you, your affiliates, and each of the officers, directors, employees, agents and representatives of you and your affiliates harmless from any and all actions, claims, damages, expanses and liabilities of any nature whatsoever (including reasonable attorney’s fees and other legal costs) (“Losses”) incurred or suffered by any such your Indemnitees arising out of, or in connection with any third party claim, demand or cause of action (each a “Claim”) based upon or rising out of (i) any breach of this Agreement by Mytemplatestorage.com, (ii) Mytemplatestorage.com gross negligence or willful misconduct; (iii) the development, operation, maintenance and content of the Mytemplatestorage.com Product Repository; (iv) infringement or other violation by any Product, Product Description, Sample, or Brand Feature of a third party’s privacy rights, publicity rights or other proprietary rights; (v) any Product, including and defect thereof; (vi) any use of any Product or Sample. Mytemplatestorage.com obligations hereunder shell be subject to your (a) promptly notifying Mytemplatestorage.com of a Claim or threatened Claim covered by such indemnification; (b) tendering sole control of the defense and settlement of such Claim to Mytemplatestorage.com (Mytemplatestorage.com shall not enter into any settlement agreement that adversely affects you without your prior written consent); and (c) cooperating with such defense and/or settlement at Mytemplatestorage.com expense.
Your Indemnity. You shall indemnify, defend and hold Mytemplatestorage.com, its Affiliates and each of the officers, directors, employees, agents and representatives of Mytemplatestorage.com and its Affiliates harmless from any and all Losses incurred or suffered by such Mytemplatestorage.com Indemnitees arising out of, or in connection with, any third party Claim based upon or arising out of (i) any breach of this Agreement by you; (ii) your gross negligence or willful misconduct; (iii) the development, operation, maintenance and content of your site(s) (excluding any Mytemplatestorage.com Property displayed thereon); or (iv) infringement or other violation by your site or your other Property of a third party’s privacy rights, publicity rights or other proprietary rights. Your obligations hereunder shall be subject to Mytemplatestorage.com (a) promptly notifying you of a Claim or threatened Claim civered by such indemnification; (b) tendering sole control of the defense and settlement of such Claim to you (provided that you shall not enter into any settlement agreement that adversely affects Mytemplatestorage.com without Mytemplatestorage.com prior written cosent); and (c) cooperating with such defense and/or settlement at your expense.
Disclaimer:
Products, information and other content available from or through the site are provided "as-is," "as available," and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable law, Mytemplatestorage.com disclaims all warranties express or implied, including, but not limited to, (a) that any product or information available from or through the site, or the site itself will be merchantable or fit for a particular purpose, (b) that any product or information available from or through the site, or the site itself will be uninterrupted or error-free, (c) that defects will be corrected, (d) that there are no viruses or other harmful components, (e) that the security methods employed will be sufficient, (f) regarding correctness, accuracy, or reliability, or (g) against interference with your enjoyment of the products or information, or against infringement. All 'information' and products provided in the course of this agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you as the user. We have no liability whatsoever for your use of any information or other content available from or though the site, or the site itself. In particular, but not as a limitation thereof, we are not liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The information and other content available from or through the site, and the site itself, would not be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
I AGREE AND WANT TO JOIN |