Oppseekers Terms and Conditions
1. Eligibility. You must be eighteen or over to register as a member of Webtise Internet Services, Inc. (Oppseekers) or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time. Upon termination, your rights to your future commissions cease. Webtise Internet Services, Inc. (Oppseekers) may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Webtise Internet Services, Inc. (Oppseekers). Webtise Internet Services, Inc. (Oppseekers) will not be held responsible to verify your receipt of email of termination.
3. Illegal and/or unauthorized uses of the Website, including collecting usernames, names, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on Webtise Internet Services, Inc. (Oppseekers). Webtise Internet Services, Inc. (Oppseekers) owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Webtise Internet Services, Inc. (Oppseekers), and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
a. You understand and agree that Webtise Internet Services, Inc. (Oppseekers) may review and delete any content, messages, images, or photos (collectively, "Content") that in the sole judgment of Webtise Internet Services, Inc. (Oppseekers) violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members and/or Tour Takers.
c. By posting Content to any public area of Webtise Internet Services, Inc. (Oppseekers), you automatically grant, and you represent and warrant that you have the right to grant, to Webtise Internet Services, Inc. (Oppseekers) an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Webtise Internet Services, Inc. (Oppseekers) reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Membership termination will result in future commission payments immediately ceased. It includes Content that:
- Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not transmit any chain letters, junk email and/or SPAM to other Members and/or Tour Takers. Although Webtise Internet Services, Inc. (Oppseekers) cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, any Member without their prior explicit consent. You must maintain accurate contact information at all times in the member back office (ie. Name, Email Address, Phone Number, Contact Address). We use this information to contact you in regards to the Service, but also to post at the bottom of every page of the tour and every email message that is sent on your behalf. Any attempts at false names and/or contact information will result in Immediate Termination. A person or entity may NOT apply as a Member using a fictitious or assumed name, except a legally registered business or corporation may use that name to register. Members may be asked to provide proof of identity for this purpose, said information being retained as part of the Member's file on record. Any person refusing to provide said information will be immediately Terminated.
6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
7. Member Disputes. You are solely responsible for your interactions with other Webtise Internet Services, Inc. (Oppseekers) Members. Webtise Internet Services, Inc. (Oppseekers) reserves the right, but has no obligation, to monitor disputes between you and other Members.
9. Disclaimers. Webtise Internet Services, Inc. (Oppseekers) is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service. Webtise Internet Services, Inc. (Oppseekers) is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Webtise Internet Services, Inc. (Oppseekers) assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
10. Disclaimers. Webtise Internet Services, Inc. (Oppseekers) is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Webtise Internet Services, Inc. (Oppseekers) be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Webtise Internet Services, Inc. (Oppseekers) expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Webtise Internet Services, Inc. (Oppseekers) cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
a. Email Delivery: Webtise Internet Services, Inc. (Oppseekers) des not claim or guarantee any sort of standard response rate. Although our clients, of Webtise Internet Services, Inc. (Oppseekers), may have had good results in the past, past performance does not guarantee future results. Again, Your results will depend very much on various factors including, but not all of: 1.Your subject line of your emails. 2.Your headlines to your ad or sales letter 3.Your ad copy / sales text 4.Your ad design 5.Your web site design. 6.Your follow up with your responses after they have requested more information. 7.Your ability to be organized and track your results with different ad copy, subject lines and offers. Hence there will be no refunds for “lack of performance”. You agree by accepting this agreement that you will simply need to change your marketing approach for possible improved performance. “Lack of Performance” is defined as a lack of expected or hopeful responses, inquiries, opens, deliverability or sales. Your results will vary depending on: your ad copy of your emails, your subject lines of your emails, your headlines and ad copy of your web site, whether or not you checked your messages with spam filter rules (ISP's and email companies such as hotmail are continually making up new rules that will block delivery of your mail), your product, service or opportunity, market saturation of your product, service or opportunity, etc. Hence, you can clearly see why there are many variables that will drastically affect your response and sales rate. Webtise Internet Services, Inc. (Oppseekers) will not be held liable for email delivery issues or emails being blocked. As per the above explanation, email delivery depends on many factors, many of which are out of our control.b. Double Opt-in: Webtise Internet Services, Inc. (Oppseekers) reserves the right to change their email service to double opt-in at any time it deems necessary.
11. File Upload Limitation: Webtise Internet Services, Inc. (Oppseekers) Reserves the Right to Limit to Size in Bytes of the Members Upload Image Folder on the Webtise Internet Services, Inc. (Oppseekers) Server if it deems necessary and at any time without notice.
12. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Webtise Internet Services, Inc. (Oppseekers) be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Web site or the Service, even if Webtise Internet Services, Inc. (Oppseekers) has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Webtise Internet Services, Inc. (Oppseekers)’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Webtise Internet Services, Inc. (Oppseekers) for the Service during the term of membership.
13. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida, City of Beverly Hills.
14. Indemnity. You agree to indemnify and hold Webtise Internet Services, Inc. (Oppseekers), its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
15. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Webtise Internet Services, Inc. (Oppseekers) regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Webtise Internet Services, Inc. Associate Agreement
The Terms and Conditions as set forth herein are part of each Webtise Internet Services, Inc. (Oppseekers) Associate. As an Independent Associate you must comply with all the Terms and Conditions set forth by Webtise Internet Services, Inc. (Oppseekers) (“Company”) within the Terms and Conditions, the Associate Application and Agreement, Compensation Plan, all provisions indicated on Webtise Internet Services, Inc. (Oppseekers)-produced forms and all Business announcements, as well as honor all applicable laws and regulations in the state, province, country or other political subdivision where you live and in which you operate your Webtise Internet Services, Inc. (Oppseekers) business. Please study this document carefully. Each Webtise Internet Services, Inc. (Oppseekers) Independent Associate is responsible for adhering to the Agreement and these Terms and Conditions. The Terms and Conditions apply to all existing and future Associates and will be enforced as such. Violation will subject the Associate to disciplinary sanctions. The Board of Directors (Board) reserves the right to waive any rules embodied in the contents herein as deemed appropriate without explanation.
A Subscriber/Affiliate is a person who, upon completing a Customer Application online, may purchase Company product(s) directly from the Company. Since Customer product orders are for personal use only, and not for resale. Customers will not be required to submit any tax identification information. Customers select or are assigned an account Username once the Customer Application is accepted by the Company. The Company reserves the right to refuse to accept any Customer Applications for any reason. Customers may only order under their respective account Username. A Customer does not participate in the Compensation Plan and does not earn commissions. Customers have no renewal requirements or obligations. A Customer must abide by the Terms and Conditions as set forth by the Company.Active Associate An Active Associate (Associate) is an individual or business entity that has completed an Active Associate Application online and that has been accepted by the Company. The Company reserves the right to refuse to accept any Active Associate Application for any reason. Associates qualify to earn commissions through the Company Compensation Plan by meeting certain volume and/or recruiting requirements.
Associates are considered independent contractors for all purposes, including legal and governmental tax purposes. There is no employer/employee relationship, partnership or joint venture relationship between an Associate and the Company. Associates set their own business hours and determine their own methods of business development. Associates are solely responsible for paying all taxes and/or duties required by law to receive Company products. Associates are solely responsible for paying all taxes applicable in the state, province, country or other political subdivision where they live and in which they operate their Webtise Internet Services, Inc. (Oppseekers) business. Each Associate must keep proper records necessary to ensure the proper assessment and payment of any such taxes.
Associates may not bind the Company or incur any debt or expense in the name of the Company or open any checking account on behalf of, for, or in the name of the Company. The Company shall not be liable for any debts or liabilities that a Associate may incur, whether or not such liabilities are incurred during the term of the Agreement. Associates must always identify themselves as an “Active Associate” in all written and verbal communications. The Company reserves the right to request information about any Associate’s business and downline to ensure compliance with this Agreement.
Commissions and bonuses will only be paid to qualified Associates in good standing with the Company.
Associates must operate their business in accordance with applicable local laws and/or regulations.
Associates are prohibited from promoting or selling to Associates of the Company or prospective Associates of the Company any products, services or opportunities not directly associated with the Company.Associate Application and Agreement/Identification Numbers The prospective U.S. applicant must possess and provide a valid Employer Identification Number (EIN), Social Security Number (SSN) or taxpayer identification number (TIN). Applicants who choose not to provide required information may sign up as a Subscriber/Customer. Applicants must be 18 years of age or older. Associates are required to maintain current contact and address information in the company database at all times. If you submit a false EIN, SSN or TIN to the Company, you may be subject to immediate termination and will be assessed any fees charge to the Company by the Federal Government is connection with any such false reporting. Associates are solely responsible for registering and/or obtaining city, state or provincial licenses required to sell Company products.
Establishing a Corporation, Partnership or Trust
U.S. Associate may own and operate his or her Associate Business as a corporation, a limited liability company or as any other business entity, which is authorized by the law of the state in which the Associate is located as a legal business entity provided it complies with certain requirements and conditions. If any type of business entity operates as an Associate, the appropriate EIN or FIN must be provided. A person or entity may NOT apply as an Associate using a fictitious or assumed name, except a legally registered business or corporation may use that name to register. Members may be asked to provide proof of identity for this purpose, said information being retained as part of the Member's file on record. Any person refusing to provide said information will be immediately Terminated.
Any and all commissions that are left pending in an active Oppseekers affiliate account for a period of 6 months will be "flushed" out and the affiliate sales level 1 and level 2 reset back to 0.
Associates agree to perform bona fide selling and distributing functions in marketing Webtise Internet Services, Inc. (Oppseekers)’s products to the consumer. Associates are not required to establish a downline sales organization. If a Associate does establish a downline sales organization, he/she agrees to supervise, train and have on-going communications and coordination with his/her downline sales organization as provided in these polices.
Associate shall indemnify and hold harmless the Company and its share holders, officers, directors and employees from and against any claim, demand, liability, loss, action, causes of action, costs or expenses (including but not limited to reasonable attorney’s fees) arising or alleged to arise in connection with, or related to, Associate’s representations, acts or operation in violation of the Agreement, or Associates negligence or willful or intentional misconduct.
Misrepresenting the Company
Presenting the Company, Compensation Plan, employees or products in a deceptive, fraudulent or misleading way will result in disciplinary action and may include the termination of your Associate account, when such conduct becomes known to the Company.Compensation Plan and Income Earnings Misrepresentations Opportunities for income under the Compensation Plan are determined by many factors, including the ability and perseverance of the individual. You may not make statements alluding to the income potential of any prospective Associate except as stated in Corporate literature or make statements regarding anyone’s personal income without stating that the income is not necessarily representative of the income any typical Associate can earn. Associates must realize that Income Statistics provided by the Company properly represent potential or average income figures. All income is strictly derived from sale of products. Misrepresentations of potential income earnings or the Compensation Plan includes, but is not limited to, the following: Reviewing the Compensation Plan with any person without clearly stipulating that no remuneration is received solely for enrolling or sponsoring new Associates. Reviewing the Compensation Plan with prospective Associates without explaining the various entry levels and the differences between them. Representing or implying that all participants who enter into the business will succeed. Misrepresenting the amount an average Associate might expect to earn in carrying on the business (for example, you may not show copies of Company-issued checks to represent potential earnings). Misrepresenting the amount of time an average Associate would have to devote to the business in order to achieve income or Leadership levels. You may not represent or imply that it is relatively easy to succeed in the business but may only represent that a participant’s success occurs through hard work and diligence. Representing through statements or implication that you will build a downline for any Associate or prospective Associate. Using any misleading deceptive or unfair recruitment methods. You must present all entry and upgrade levels to new recruits before they sign the Application and Agreement.
Sponsorship Business Rules
Rights to Choose Sponsor
Prospective applicants have the right to choose his or her immediate sponsor. Implied loyalty to an individual who made the initial Company introduction does not obligate one to accept that individual’s sponsorship. (For example, prospective applicants are not obligated to be sponsored by someone who merely provides Company promotional material.) The Company does not have an obligation to settle or be part of any disputes concerning sponsorship. The sponsor of the new Associate will be the Associate indicated on the Application and Agreement signed by the prospective applicant and/or entered as the sponsor in the Company’s computer system.
Once a Associate Application and Agreement has been accepted by the Company and/or the account number has been assigned, sponsor changes are only permitted in the event of Company error, or if the Company is notified in writing by the new Associate and/or the Associate’s current and new Sponsor or Enroller before any commissions are paid. Inducements To Select A Different Sponsor
Notwithstanding the Rights to Sponsor Policy, it is against Company policy to induce or allow an individual, family Associate, or business partner of an existing Associate to sign up under your line of sponsorship for the purpose of circumventing the original upline from future income.
Company meetings are open to all interested parties. You must not imply that interested parties are not welcome to attend the meetings or imply that assistance will not be given to them if they are not in your downline. Associates must feel secure when sending prospects to these meetings, and all prospects attending the meeting should be referred back to the person that sent them. It is against Company policy to sponsor a prospect at the meeting who was sent by another Associate.
You may not offer monetary rewards, free products or any other material inducement to entice a prospect to enroll under your line of sponsorship when it is made known that he or she has been working with another Associate.
Sponsor and Enroller Information
Independent Associate Application: You must provide the Company with a valid sponsor and Enroller details at the time your online application is submitted. Applications received without Sponsor and Enroller information will be returned to the applicant unprocessed. Sponsors/Enrollers must be in the same leg of an organization. Applications received with either a Sponsor or Enroller will be processed making the Sponsor and/or Enroller the same person. The Company is not responsible for contacting the applicant or the upline to verify the information provided. Associates who fail to provide correct Sponsor or Enroller, on the Sponsor Change, will be denied. The Internal Revenue Service (IRS) require that we report your annual income exceeding a set dollar value.
Changes Lines Of Sponsorship
The Company will not permit any change in the line of sponsorship except in the following circumstances:
• Where a Associate has been fraudulently induced into joining the Company or Where, due to Company error, the sponsor has been entered incorrectly into the Company database.
• With any such request, the Associate must submit a written request of his or her current Sponsor and the additional signatures from the upline. If, at the time of the request, the requesting Associate has a downline organization in place, the change will NOT be granted by the Company.
The Associate must supply written consent of all Associates in the organization whose income is arguably affected. However, the Company maintains the right of refusal if circumstances violate other Policies, Procedures and/or the Business Rules of the Company.
If you terminate your position in writing, you may rejoin under a Sponsor of choice after six (6) months. Termination of the position will result in forfeiture of all rights, future/pending bonuses and commissions under the previous line of sponsorship. Associates who voluntarily terminate their position may join a new position under a new line or the same line of sponsorship provided all requirements are met. Position transfers are subject to the Company’s approval, which may be withheld at any time.
You may sign up in a new position under a different Sponsor if there has been no activity in the original position for the previous six (6) months. As an inactive Associate, you shall not refer yourself as a Webtise Internet Services, Inc. (Oppseekers) Associate or hold or participate in educational or promotional meetings. You should discontinue using any materials bearing the Company logo, trademark or service marks, you shall not continue to communicate with the Company, not attempt to sponsor or enroll new Associates or otherwise sell Company products. If you are found to be actively pursuing the business during the inactive period, the Company reserves the right to refuse your application under a new line of Sponsorship. You must complete and submit a Voluntary Termination letter, and submit a new Application and Agreement. Associates who wish to rejoin under these circumstances are eligible to join in a new position. Position transfers are subject to the Company’s approval, which may be withheld at any time.
You are not permitted to persuade or attempt to persuade any other Associate to terminate their enrollment with the Company in order to join your downline or use any unfair tactic or undue action to obtain any consent.
The Company reserves the right to assume any inactive or terminated position and transfer the position to another party at face value.Sale or Transfer of Associate Position
You (“Transferor”) cannot sell, assign or otherwise transfer the rights of your Associate position to any other person, firm or body corporate (“Transferee”) without the express consent of the Company, which may be delayed or denied in the sole discretion of the Company and without a statement of reason(s). The Company reserves the right to prohibit or impose various terms and conditions, at its sole discretion respecting any proposed sale, assignment or transfer a Associate position. The Company cannot authorize the sale or transfer of a position from one Country of Operation to another. The position will always remain in the Country of Operation in which it originated.
In order to receive such permission, the Transferor must be a Associate in good standing as determined by the Company, and not be under any Compliance inquiry or sanction. The Transferor must sign a letter requesting a Position Transfer authorizing the sale or transfer of their position. Additional information regarding the possible sale or transfer of a Associate position might be needed in order for the Company to make their final decision.
The new owner is subject to all Company Policy and Procedures and terms and conditions. The position is available for a transfer at any level shown on the face of the Associate Application and Agreement. All sale or transfers require that a Position Transfer and Associate Application and Agreement be signed by Transferee and accepted by the Company. All signatures are subject to verification for authenticity.
Terminated Positions are eligible for Sale or transfer if the position has remained terminated (and/or inactive) for six (6) months. Positions terminated for disciplinary reasons are only eligible for sale or transfer once the six (6) months have expired, and there is no litigation or possible litigation pending concerning disciplinary actions taken by the Company.
Position Transfers for Associates who have voluntarily terminated and/or inactive positions are strictly monitored for compliance with other polices as stated herein. The Company will deny position transfers at its sole discretion should it determine that the transaction will violate the Company Terms and Conditions and/or the spirit of the policy for which they are intended. Associates using Position Transfers to violate policy may be subject to the Associate Disciplinary Procedure.
Customers are not eligible for a Position Transfer into other existing positions in a downline organization. Customers wishing to become Associates can sign up as a new Associate, but cannot position transfer into an existing Associate position.
Inheritance of Associate Positions
Upon the death of a Associate, all rights to the Associate’s Position, including rights to commissions, bonuses and Associate responsibilities, shall pass to the successors as stated in the Associate’s will or as otherwise ordered by a court of competent jurisdiction. In the event the Associate has no will, the rights to commissions, bonuses and Associate responsibilities will be transferred according to the intestacy laws of the jurisdiction of the decedent’s estate as provided by a valid court order. In order to receive transfer, the inheriting party(ies) must provide a certified copy of the Associate’s death certificate or any other documentation required by the Company to evidence the true successor (including but not limited to a court order, copy of the Will, Letters of testamentary in the event there is a Will and/or Letters of Administration in the event there is no Will. The heir(s) must fill all responsibilities of the Associate position and must sign the then-current version of the Associate Application and Agreement. The heir may inherit and retain another Associate position even though the heir(s) already operates an existing position.
YOU MAY NOT HAVE MORE THEN ONE POSITION WITH OUR COMPANY! THIS INCLUDES AN INDIVIDUAL, SOLE PROPRIETORSHIP, OR A CORPORATION!
Cross-sponsoring of Spouses/Household Members
You may not circumvent your original line of sponsorship by joining another downline organization or a different leg of your sponsor by sponsoring yourself, your spouse, dependent children, a household Associate (“related party”) or any business or company operating under a business name (DBA) in which you and/or a related party have a direct or indirect ownership interest. Husband, wife, DBA, household Associates, partners and/or dependent children must all be in the same downline underneath the first position owned. It is permissible to be in separate legs provided they are under the first position owned.
Violations of this Policy will result in the termination of the cross- sponsored account, and you will be instructed to work exclusively in the original position. Neither the cross-sponsored position nor the downline organization will be moved. If the sponsor or Enroller is found to have knowingly or willingly encouraged the cross-sponsoring the Sponsor/Enroller will be subject to further disciplinary action in accordance with the Compliance Disciplinary Procedure. You may not participate as a partner, consultant or employee of another Associate position for six (6) months in the event this policy is violated.Recruiting Associates into Other Companies
Attempting to sponsor or recruit Associates other than those you have personally sponsored into any other program or selling any products that are either related or unrelated to products offered by the Company to those you have not personally sponsored is strictly prohibited. Associates who violate this policy are subject to immediate termination.
If a Associate is terminated, the Associate shall not attempt to recruit any Associates other than those whom they personally sponsored into any other multi-level marketing or direct selling organization for a period of one (1) year following termination of the Associateship. You shall not directly or indirectly contact, solicit, entice, sponsor, accept or promote Company Associates into other opportunities or marketing programs of another Company.
Downline reports are confidential, proprietary property of the Company, and they are furnished to you only to provide information for your Company Business and for no other reason. The information contained in a downline report is proprietary and valuable to the Company and must be kept confidential and not directly or indirectly disseminated or copied to any third-party or to other Associates.
You are an independent contractor. The company does not deduct personal taxes from your commission checks. At the end of the calendar year, the Company provides you and the appropriate taxing authorities with all income information required by law.
Compliance By Associate With All Applicable Tax Laws And Other Laws
The Company will automatically provide a completed IRS Form 1099 to each Associate whose commissions was at least $600 at the end of each calendar year. If commissions are less than $600, a statement will be available upon request. The Associate accepts sole responsibility for proper reporting and payment of all self-employment taxes (Social Security and Medicare), unemployment insurance tax, income taxes and other taxes due as a result of income earned as a Associate. Associates shall comply in all respects with all federal and state statutes, laws and regulations and local ordinances governing their activities. The delivery of notice of a Federal or State tax lien against the Associate or the service of a writ of garnishment, attachment of any other form of enforcement of the collection taxes due to Federal or State government on the Company shall constitute a presumption that the Associate has not complied with the requirements of the Terms and Conditions to pay taxes.
Responsibilities to Your Downline Organization
You are responsible for training your downline organization on effective lawful methods of building a successful business and you are restricted from advising Associates to restructure their downline in a fashion that gives the Sponsor or upline Associates an income advantage, causing potential long-term damage to his or her Associate position. You are responsible for answering questions for Associates whom you have personally sponsored. Associates who have questions about any aspect of the Company should contact their upline sponsors for assistance.
Voluntary Termination from the Company
A Associate who wishes to terminate a Associate account must submit such request in writing to the Company. A Associate who terminates may apply for reinstatement after six (6) months, beginning the first day of the following month from the date of termination. Spouses of the Associate who have terminated may not apply to become a Associate in another line of sponsorship until the terminated Associate is eligible for reinstatement or for six (6) months. The Associate will be terminated if his/her account has been inactive for six (6) consecutive. If that individual or entity desires to become a Associate at a later date, he/she must meet all requirements of a new Associate. Immediately upon resignation or termination due to inactivity Associates will lose all rights to prior and pending bonuses, rank or position in any former line of descent. Immediately upon resignation or termination of a Associate, the affected Associate will remove and discontinue the use of, and will not thereafter use names, marks, signs, labels, stationary, advertising or any other material referring or related to Webtise Internet Services, Inc. (Oppseekers). Any and all legal claims against Associate’s compensation by outside parties may be subject the Associate to collection charges and/or termination of their Webtise Internet Services, Inc. (Oppseekers) Associateship. A Associate may be terminated by Webtise Internet Services, Inc. (Oppseekers) for any violation of this Agreement. Any misstatement or misrepresentation by the Associate shall also be grounds for termination. A terminated Associate cannot sponsor new Associates. If a terminated Associate is listed on the Associate Application as a sponsor, the new Associate will be contacted to provide the Company with a valid Sponsor Identification Number, which relates to a Associate in good standing.
Advertising and Marketing
Consistent with the Terms and Conditions, A Associate is entitled to use sales, promotional or informational copyright-protected materials produced by the company, as follows:
A Associate may not use sales, promotional or informational materials containing the Company’s name and logo, except those produced or reviewed by the Company, subject to the rules governing their use. A Associate is authorized to promote product information, names, and descriptions produced by the company in Associate’s media advertising and Sales Tools created by the Associate if they have been reviewed by the Company prior to distribution. Associates are prohibited from advertising specific product prices in mass media advertising. For example, a newspaper ad cannot advertise specific product pricing, but A Associate may forward price lists to inquiring customers: a Webtise Internet Services, Inc. (Oppseekers) business card providing the Associate internet URL may not advertise product pricing, but the internet site can. If the Associate chooses to print his/her own business cards or stationary containing Company’s name and Associate logo, the company must review such items in advance. A Associate may not add any language or information to, or alter in any way; any items produced by the Company, except those containing a space for name, address and telephone number of the Associate, such as a newspaper or magazine advertising. That information, and no other, may be inserted where indicated. A Associate may not display any signs or banners containing the Company’s name or logos on any office, storefront, house, apartment or other physical structure, without first obtaining written permission from an authorized officer of the company. A Associate is prohibited from using any form of television media advertising without first obtaining written permission from an authorized officer of the Company. No Associate shall promote, market or sell products that are the same, or substantially the same as Webtise Internet Services, Inc. (Oppseekers) products, and that are sold on a network marketing, multi-level or direct selling basis.
Use Of Non-Company Promotional Tools
Sales or promotional tools not produced by the Company require prior written authorization from the Company and must comply with the following requirements: The Company’s name must always appear with the registered trademark Webtise Internet Services, Inc. (Oppseekers)’s designation, and must always be accompanied by the words Independent Associate, which must be at least 25% of the largest size of the Company name used. The Company’s name and logo may not be used on or in conjunction with, advertising or promotion that also contains the name of another competing company, the logo of another competing company or the name of a product produced or sold by another competing company.
Use of Corporation Name
A Associate may not use any corporate name of the Company, except as specified in these Terms and Conditions.
Prohibition On Use of Copyrighted Materials
None of the Company’s copyright-protected materials may be sold or reproduced, in whole, or in part. All of the Company’s materials are protected by the United States copyright laws, and may not be duplicated without the specific written authorization of the Company. The Company shall have the right to terminate any Associate who uses, reproduces, distributes or sells unauthorized copies of the Company’s materials in violation of these Terms and Conditions.
Personal Contact Only
Additional promotion of business opportunities may take place only through personal contact. No Associate is authorized to make representations regarding business opportunities other than those contained in the materials produced by the Company.
Right to Prohibit
The Company has the right to prohibit any advertising or promotion in violation of its Terms and Conditions. The Company shall be entitled to pursue all remedies available under applicable laws or under its agreement with the Associate.
No Associate shall place, or cause to be placed, an advertisement with content that violates the provisions of these Terms and Conditions, any local, state regulations. Any such violations will be grounds for termination.
Unauthorized Use Of Names, Logos, Trademarks, etc
Unauthorized use of the company’s name, logos, trademarks, or trade names is prohibited. A Associate may not use the Company’s name, logos, trademarks, trade names, product names, service marks, trade secrets copyright-protected materials or other tangible commercial assets registered or otherwise, in any form of promotion or advertising or otherwise, except as specifically authorized by these Terms and Conditions. The company reserves the right to pursue all legal and equitable remedies (including the right to recover its attorneys fees) against any Associate or other individual or entity who unlawfully uses the Company’s name, logos, trademarks, trade names, product names, service marks, trade secrets, copyright-protected materials or other intangible commercial assets. Any such use in violation of these provisions constitutes a breach of the Associate Agreement and causes irreparable harm to the Company.
A telephone listing shall be limited to two lines containing the words Independent Associate, Associate name only and telephone number. No telephone listing shall be made in such a way that those making directory assistance inquiries for the Webtise Internet Services, Inc. (Oppseekers) Home Office would be given the Associate number. The Associates phone number may not contain the name Webtise Internet Services, Inc. (Oppseekers) in a telephone listing. The Company shall have the discretion to require the Associate to change the listing or number, or to disconnect the number. In answering the telephone, a Associate shall not answer Webtise Internet Services, Inc. (Oppseekers) or any of the Company’s product names or that which could lead callers to believe they have reached Webtise Internet Services, Inc. (Oppseekers)’s Home Office. A Associate may answer “Webtise Internet Services, Inc. (Oppseekers) Independent Sales Associate.”
Associate may place a listing on an electronic billboard containing the words Webtise Internet Services, Inc. (Oppseekers) Independent Associate, Associate name only and telephone number. Such listings may also include an electronic mail address or Internet address. In the event of violation, the Company may require that the Associate’s telephone number, electronic mail or Internet address be disconnected.
Reproducing Approved Educational and Promotional Material
You may copy Company produced promotional materials verbatim in whole or in part for use in conducting your business. Educational materials may ONLY be used verbatim and IN THEIR ENTIRETY. You may not duplicate or record audio or video materials (including those materials produced for use on corporate web site) produced by the Company. Any recording or duplication is strictly prohibited. Company may require, among other things, that you cease and desist from using or distributing such recordings: and/or destruction, at your cost, of non-authorized recordings.
Generic Materials that do not contain mention of the Company, its products, trade names or Compensation Plan may be used only in the instance that they do not make statements that directly allude to the Company and/or its products. Generic materials can be classified as those that can be used by any other Company in our industry. You should not create “generic” materials designed for use in connection with the sale of product or the opportunity. Associates may use only Company-approved educational or promotional material.
Sales Tools are materials produced by the Company showing its copyright or trademark designation, such as Company and product brochures, artwork and text contained in the material produced by the Company as Sales Tools. These Sales Tools are available to Associate’s for their use in promoting their independent businesses.
Independent Sales Tools
Independent Sales Tools are items produced by Associate’s in accordance with the following: An independent Sales Tool may be used only after it has been reviewed by the Company and written notification from the Company has been received by the Associate. Associates should allow a minimum of two weeks for the Company to complete its analysis of such items. It is therefore important to schedule promotions accordingly. Lack of notification to a Associate or lapse of time after submission of a proposed Independent Sales Tool for review does not constitute approval or authorization to use the item. No modification shall be made to any Independent Sales Tool after the Company has reviewed it. Any modification of a reviewed item converts it to a new non-reviewed item and must be resubmitted to the company for review. The review status of an Independent Sales Tool shall terminate one year after the Company has reviewed it. If a Associate desires to use an Independent Sales Tool for longer then one year, he/she must resubmit the item for review prior to the one year from the initial review. The Company may charge a reasonable fee for reviewing an Independent Sales Tool and may require the Associate to sign an Indemnification Agreement relating to the Independent Sales Tool. The Company’s review process does not establish that an Independent Sales Tool complies with the applicable federal, state or local legal and regulatory requirements. The Company, by its analysis and review, does not warrant the propriety or legality of the reviewed Independent Sales Tool. Associates are strongly advised to obtain the advice of their legal counsel regarding the legality and regulatory compliance of Independent Sales Tool they desire to produce and distribute, prior to submitting them to the Company for review. Independent Sales tools are used for advertising only in the medium (for example; newspaper, magazine) for which they are reviewed or by personal contact only. Independent Sales Tools may not be in conjunction with the name of another company, the logo of another company or a product produced or sold by another company.
The Company can, at any time, prohibit the use of any Independent Sales Tools and require discontinuation of the use of previously reviewed Independent Sales Tools. Any Associate who has previously produced, used, sold, or distributed any such Independent Sales Tool, whether or not it has been previously reviewed by the Company, shall be responsible to ensure that the use of such Independent Sales Tool be immediately discontinued and removed from the marketplace in the fastest way possible.
Independent Sales Tools may be sold for a reasonable profit to recoup actual out-of-pocket costs of materials and production/distribution costs. The Associate must keep financial records (including, but not limited to, receipts, and invoices) with respect to the cost of materials and production of any such Independent Sales Tools and the proceeds from their sale. The Company shall have the right to examine and copy all such records immediately upon request. The Company assumes no liability or responsibility with respect to Independent Sales Tools. Any Associate who produces or distributes Independent Sales Tools bears the liability and responsibility for the material contained therein, and the Company assumes no liability for such items. The Associate agrees to indemnify and hold harmless the Company and its officers, directors, shareholders and employees from and against any liability, loss, cost, action, causes of action, claim, demand or expense, including but not limited to attorney’s fees, arising out of or related to the Associate’s production, distribution, sale or other use of Independent Sales Tool. Associate’s who produce, use, distribute or sell Independent Sales Tools in breach of these Terms and Conditions are subject to termination.
Associates are permitted to create, operate, maintain, and advertise their own web site(s) in order to promote and conduct their Webtise Internet Services, Inc. (Oppseekers) business, pursuant to these and all applicable policies. All Webtise Internet Services, Inc. (Oppseekers) policies are set forth in the Associate Manual and other Company publication, announcements and communications forwarded to the Associate’s are applicable and must be adhered to in order to maintain an Independent Web Site.
Associate’s desiring to develop and maintain their own independent Webtise Internet Services, Inc. (Oppseekers) Web Site must submit and register for review the finished content of the web site and URL to the Compliance Department prior to publishing on the web. Associate Web Site(s) shall be strictly for the purpose of selling and promoting Webtise Internet Services, Inc. (Oppseekers) services and its products, building Associate organizations, and training. Associate’s may register and link their Web Site(s) on Internet search engines.
Associates may link their Web Site(s) to:
Webtise Internet Services, Inc. (Oppseekers)’s Home Page created and maintained by the company. Any web page that will assist a Associate in promoting the Webtise Internet Services, Inc. (Oppseekers) business is acceptable as long as such web site(s) is in no way affiliated to any religious or political organization or competing company/product line and will in no way confuse Webtise Internet Services, Inc. (Oppseekers)’s business operations and reputation. Associate’s may maintain advertisements of their Web Site(s) and may advertise on other Web Sites as long as such advertisements comply with all advertising policies.
Webtise Internet Services, Inc. (Oppseekers) regularly modifies its existing product and business information. Associates are required to update their Web Site to reflect up-to-date information. Once notified by the Company, Associate’s must make all required changes to their Web Site(s) within the time frame allotted.
Associates are strictly prohibited from “Spamming.” Spamming is defined as emailing messages to persons who have not specifically requested to receive unsolicited email.
Associate’s who conduct their Webtise Internet Services, Inc. (Oppseekers) business internationally via the Web Site(s) must comply with all applicable Company policies and international laws.
Product, Business Claims And Use of Testimonials
Associate Web Site(s) may use pictures and descriptions of Webtise Internet Services, Inc. (Oppseekers)’s products that are contained in any of the Company produced sales aids and materials and product literature, except for the material specifically identified by the Company as not to be reproduced.
All literature and images that are utilized from the Company materials must be displayed in their entirety and may not be edited, revised or altered in any manner without prior written permission from the Company.
Associates are permitted to use Webtise Internet Services, Inc. (Oppseekers) produced audio/video recordings that are provided for sale by the Company. Recordings of any Webtise Internet Services, Inc. (Oppseekers) meeting, conference call or other communication by the Company may not be used without prior written permission of the Company. Associate’s may produce their own audio/video recordings for use on their Web Site(s) provided Associate has obtained signed releases from all participants and the content is in compliance with all Webtise Internet Services, Inc. (Oppseekers) Terms and Conditions and applicable laws.
All Statements made in connection with Webtise Internet Services, Inc. (Oppseekers)’s products, business opportunity, and testimonials must be truthful and not misleading to consumers.
Associates may not use the name “Webtise Internet Services, Inc. (Oppseekers)” or any of its trademarks, trade names, product names, business services or systems in their domain (URL) which could create consumer confusion.
Associates may use personal product and/or business testimonials and photographs on their Web Site(s) provided Associate has received prior written permission from the Company. In addition, if a Associate desires to post testimonials other then their own, Associate needs to obtain written permission from the authoring Associate/customer to use their testimonial.
Associate Web Site(s) may offer Webtise Internet Services, Inc. (Oppseekers) business opportunity information, provided that Associate clearly indicates that financial success is a result of selling Webtise Internet Services, Inc. (Oppseekers) products and must not imply that success can be achieved from recruiting others into the business.
Associates utilizing the www.OppSeekers.com web site
Webtise Internet Services, Inc. (Oppseekers) maintains an interactive web service for its Independent Sales representatives. Registered Sales Representatives are provided their own independent web page(s) containing Company pre-reviewed content regarding the Company, its products, business programs, consumer shopping areas, training materials, etc.
Any revision, change or addition made to the Webtise Internet Services, Inc. (Oppseekers) independent web site must be submitted to the Company for review prior to publishing it on the web.
Webtise Internet Services, Inc. (Oppseekers) regularly modifies its existing product and business information. Associates are required to update their Web site(s) to reflect up-to-date information.
Checks will only be delivered to Associates that have over $50 (US Dollars) in their respective Associate account for a given month if you requested payment via your member backoffice. If the Associate total is under $50, that total amount in their Associate account will be rolled over to the next month. Associate checks will be sent by the 7th of the following month via USPS mail unless the 7th falls on a United States national or banking holiday. If the 7th should fall on a holiday, the checks will be sent by the next following banking business day. All chargebacks and refunds will be deducted from commissions before payment. You must have your SSN or TAX Number on file in order to be paid
Laws, Regulations and Disciplinary Procedures
Amendments to Terms and Conditions
The Company specifically reserves the right to make changes it deems necessary to any of the Terms and Conditions and Compensation Plan (pricing and/or business feature) upon written or printed notice to Associates via email broadcast or in other printed materials. Any revisions to the Terms and Conditions and Compensation Plan shall become binding for all Associates upon the publication of such revisions as officially announced in any Company communication.
Removal of Terms and Conditions
If any provision of the Associate Agreement and Terms and Conditions are found to be invalid, illegal or unenforceable, the Company may amend or delete that provision. The amendment or deletion of any clause or provision will not affect the remaining clauses and provisions, which will continue in full effect.
Nothing herein shall prevent the Company from assigning its rights and obligations to its Associates to any person, firm or corporation.
You may not represent that the Company has been approved or endorsed by any governmental agency. If you are found to have violated federal, state or provincial law or the regulatory provision of any jurisdiction in the course of offering the Company business plan or any Company products, you will be subject to termination of your Agreement. You may not attempt to utilize public or private schools, teachers, instructors and/or administrators in any capacity related to product promotional endeavors due to various sate prohibitions related to the same, except in their private capacities or as allowed by local applicable law. Any Associate who is convicted by any government agency of a crime related to or in the course of their Webtise Internet Services, Inc. (Oppseekers) business is subject to immediate termination.
Contacts with Government Regulators
You may not represent the Company if contacted by government regulators. If a government regulator contacts you, you should contact the Compliance Director of the Company.
Any person desiring Independent Sales Representative status who is also in the United States Army must comply with Policy Memorandum 97-11 Department of the Army. The policy prohibits outside employment, including multi level marketing, of persons serving in the United States Army without first obtaining approval from the appropriate individual in command prior to engaging in such outside employment.
Monitoring of Meetings
The Company may conduct anonymous and random monitoring of Associate meetings and conference calls and may record the meetings notwithstanding any admonitions to the contrary. You must follow regulatory guidelines when conducting or hosting educational or opportunity meetings.
Our products are regulated by the government and the way we promote our products is governed by federal law, The Company is committed to complying with all legal requirements. It is essential for all Associates to comply as well. We depend on one another. The non-compliance of one may result in problems for everyone else. Accordingly, to enable the Company to ensure that its operations at every level comply with legal requirements, you are requested to report violations of Company Terms and Conditions that come to your attention.
Resolution of Disputes Against Another Associate
You should attempt to resolve any grievance or compliant against another Associate by first seeking resolution with advice from your upline.
Termination of the Agreement by the Company
In the event the Company terminated your agreement, the Company will notify you by recorded delivery mail at your address on file with the Company or my your provided email address. In the event of termination, you must immediately cease representing yourself as a Associate. The Company reserves the right to terminate any other household position, DBA, corporation, partnership or trust in the event of termination arising from a Compliance Committee finding. The Company reserves the right to terminate an inactive person.
Effect of Termination
Upon termination, you shall have no right, title, claim or compensation derived from the sales of products in your downline, organization or any future bonuses and/or commissions from sales generated by the organization. You Shall not refer your self as a Associate, Shall not have the right to sell Company Products, Must discontinue using any materials bearing any Company logo, trademark or service mark, Shall not continue to communicate with the Company.
You shall hold the Company harmless against claims, demands, liability or loss, or cost or expense, including but not limited to attorney’s fees arising or alleged to arise out of your operations. Holding a Company account does not imply authority to act on behalf of or bind the Company contractually.
This statement of Terms and Conditions is incorporated into the Associate Application and Agreement and constitutes an integral part of the parties regarding their business relationship. Associates who conduct business in violation of Terms and Conditions jeopardize the integrity and credibility of the Company. The Company reserves the right to revoke Associate status and terminate those in violation of these Terms and Conditions. Such termination would be effective immediately upon notification by the Company, as provided herein.
Dispute Resolution and Governing Laws
The laws of the California govern this Associate Application and Agreement. You and the Company agree that any claim, dispute or other difference between the Associate, its owners, officers, employees, agents and/or partners on the one hand, and the Company, its owners, officers, employees and/or agents on the other hand shall be resolved, at the Company’s option, either by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, including those rules provided for emergency extraordinary relief and judgment on the Award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction thereof, by mediation before a mutually agreeable mediator, or by litigation in the courts of San Diego County in the State of California. Each Associate and the Company hereby agree to exclusive venue and to personal jurisdiction for any lawsuit in San Diego County, California for the resolution of any claim, demand or cause of action between the Associate and the Company.
Company will be entitled to recover reasonable attorney’s fees and costs expended in pursuing any of the foregoing avenues of enforcement.
The Company never relinquishes its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expresses and implied. In addition if the Company gives permission for a breach of the rules, for any reason, at any time, that permission does not extend to future breaches. This provision deals with the concept of “waiver” and the partied agree that the Company does not waive any of its rights under any circumstances short of the written confirmation alluded to above.
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