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Last Updated: June 1st,
2005
Terms And Conditions of
Sale
The following are the terms and conditions of sale and use of the
services and products of the Coastall Call Center and in
participating in the Coastall Call Affiliate Program. "Member" or
"Affiliate" refers to yourself, and "Coastall Call Center" refers to
us, the Coastall Call Center Marketing Group, a division of
24-Marketing.com and a subsidiary of T&G Services Group, Inc.
New York State, United States of America.
Coastall Call Center reserves the right to amend this agreement
as needed from time to time, and Member/Affiliate agrees that any
such amendment will apply to Member/Affiliate. The continuation of
Member/Affiliate status or Member/Affiliate's acceptance of income
or payments shall constitute Member/Affiliate Affiliate's acceptance
of any and all amendments. Member means a customer or user of
services provided by Coastall Call Center, while Affiliate refers to
a Member who also promotes services provided by Coastall Call Center
in exchange for payments. All items in this agreement apply to both
Members and/or Affiliates.
1. Member/Affiliate agrees that a Coastall Call Center
Member/Affiliate is an independent contractor, and not an employee,
agent, partner, legal representative, or franchisee of Coastall Call
Center or T & G Services Group, Inc. Member/Affiliate further
agrees not to incur any debt, expense, obligation on behalf of, for,
or in the name of Coastall Call Center or 24-Marketing.com or
T&G Services Group, Inc.
2. Member/Affiliate must be of the age of majority in his/her
state or country.
3. All Member/Affiliate applications are subject to approval by
Coastall Call Center.
4. Member/Affiliate agrees to receive Coastall Call Center email,
including but not restricted to sales reports, training,
newsletters, plus messages from Affiliate's Team Leader, Group
Leader, and/or Executive Group Leader.
5. Contact information (email address, phone number, address,
etc.) will be provided to your Referrer (the person who directly
referred you to Coastall Call Center or T & G Services Group,
Inc. or whose advertising generated your registration) and to your
immediate Coastall Call Center. Contact information is not disclosed
to any outside parties.
6. Multiple Member/Affiliates within the same household are
allowed.
7. Member/Affiliate agrees to present the Coastall Call Center
Compensation Plan and Coastall Call Center products and services as
set forth at the official Coastall Call Center website
http://24-biz.com. Member/Affiliate will make no claims regarding
potential income, earnings, products or services beyond what is
stated at the official Coastall Call Center website.
Member/Affiliate further agrees not to reproduce any representation
or copy any of the content of the Coastall Call Center Marketing
package, including email campaigns, copy, web site files or any
graphics or code within the site in any form or by any means without
written permission.
8.Member/Affiliate agrees to return the Coastal Level-1 Package
if the sale included a Coastal Level-1 Package and in ALL CASES to
certify in writing
(e-mail acceptable) that all electronic files, programs, training
materials, and all other documents have been destroyed before a
refund is granted. Member/Affiliates further agrees to hold all
marketing plans, and business plans of Coastall Call Center as trade
secret.
9. Member/Affiliate agrees not to misrepresent the offer as it is
stated in the official web site http://24-biz.com Violation of this
part of the agreement is grounds for suspension or termination of
your account.
10. Member/Affiliate agrees to not utilize SPAM in promoting
Coastall Call Center or the Coastal Vacations product. This action
may result in the immediate suspension or termination of Member and
Affiliate accounts with a cancellation of any pending commissions.
Member/Affiliate will also be in violation of the Coastall Call
Center Affiliate Agreement and subject to legal action and be held
liable for any financial loss incurred by Coastall Call Center. Any
service interruptions to Coastall Call Center as a result of
Member/Affiliate spamming will be billed to Member or Affiliate
using the billing information on file for that Member or Affiliate
at 200 U.S. dollars per hour until service is restored.
For the purpose of this agreement SPAM is defined as emailing
ANYONE, in bulk or by single mailing that refer to ANY of the
Coastall Call Center or
24-marketing.com or 24-biz.com websites.
The ONLY exceptions to this are:
A. Mailing to APPROPRIATE OPT-IN mailing lists with the Full
Name, email, Time/Date stamp and IP Address of the subscriber.
However, use extreme caution when choosing an opt-in mailing list
company!
Using anything but the most reputable sources could generate spam
complaints against Member/Affiliate resulting in suspension or
termination.
B. Posts to a Newsgroup or Chat Room refering to the Coastall
Call Center will be considered spam.
11. Member/Affiliate agrees to provide Coastall Call Center with
a valid email address upon registration. Member/Affiliate
understands that the use of an Auto-Responder as an email address is
prohibited.
12. Although the Coastall Call Center Member/Affiliate Program is
not limited to the United States of America, all payments will be
made in U.S. dollars. Affiliate commissions will be paid within 30
days of when the commision was earned, however every attempt will be
made to pay the commission ASAP.
Commissions will be returned to the Coastall Call Center is a
Coastall Call Center Member/Affiliate is refunded. No further
commissions will be paid until the commission has been returned.
13. Member/Affiliate will not be permitted under any
circumstances to change the director they are under for compensation
plan purposes unless it can be proven that Coastall Call Center has
caused the erroroneus positioning.
14. Member/Affiliate may not use their knowledge of, or
association with other Affiliates other than those personally
referred to further any business undertaking other than Coastall
Call Center.
15. Member/Affiliate is solely responsible for insuring notifying
Coastall Call Center or Coastall Call Center of any technical
problems they are having with their web site in a timely manner.
16. Coastall Call Center is not responsible for technical
problems, acts by third parties, or other events outside our
reasonable control which may temporarily disrupt or diminish
service.
17. Coastall Call Center will make every reasonable effort to
track and pay commissions for all sales that apply to Affiliate.
However, Coastall Call Center is not responsible for technical
problems, acts by third parties, or other events outside our
reasonable control which may temporarily disrupt or diminish this
service. Affiliate understands that Affiliate tracking can never be
100% accurate and Coastall Call Center is not responsible for
inaccuracies that might occur beyond its control. Tracking of
Member/Affiliatesales depend on several factors, technical and
otherwise, which are out of the control of Coastall Call Center. It
is the goal of Coastall Call Center to make Affiliate tracking as
accurate as possible, however, Coastall Call Center cannot guarantee
100% tracking for situations beyond its control.
18. To protect Coastall Call Center customer privacy, if deemed
necessary, Coastall Call Center reserves the right to withhold
identifying customer contact information from Member/Affiliate.
19. Coastall Call Center reserves all rights in or to its
trademarks and servicemarks but may be used by Member/Affiliate in
accordance with this agreement. Member/Affiliate may in no way
display an Coastall Call Center logo, image, or trademark which may
be distasteful, defame, or misrepresent.
20. Member/Affiliate shall follow Coastall Call Center
advertising guidelines and agrees not to misrepresent Coastall Call
Center products or services. Member/Affiliate agrees to use only
Coastall Call Center-approved ads. However, you may submit your own
ads for Coastall Call Center's approval. They must be approved
however before you can publish them. Member/Affiliate further
understands that prohibited sites for advertising Coastall Call
Center products or services include: Sites that promote sexually
explicit material or violence; sites that promote discrimination
based on race, sex, religion, national origin, or physical
disability; sites that promote illegal activities.
21. Member/Affiliate may not assign rights or delegate duties
under this Agreement without the prior written consent of Coastall
Call Center. Upon request Coastall Call Center will provide
Affiliate with guidelines for the sale, transfer or assignment of
Affiliates Coastall Call Center business.
22. Coastall Call Center shall not be held liable for any
indirect, incidental, special or consequential damages or any loss
of revenue or profits arising under or with respect to this
Agreement or program, even if Coastall Call Center has been advised
of the possibility of such damages. Coastall Call Center aggregate
liability arising under or with respect to this agreement or the
program shall in no event exceed the commission paid or payable by
Coastall Call Center under this agreement.
23. Coastall Call Center makes no warranties expressed or implied
with regard to Member/Affiliate Program except as outlined in this
Agreement.
24. Both Coastall Call Center and the Member/Affiliate reserve
the right to terminate this agreement at any time. The term of this
Agreement shall be for a period of one month (30 days) from the date
hereof and shall automatically renew every thirty (30) days, without
further act of the parties, unless either party has terminated this
Agreement by written notice to the other. If terminated, outstanding
commissions at time of termination shall be paid in the next payment
so long as the terms of this agreement were not violated by the
Member/Affiliate. Payment of the final commission payment to the
Member/Affiliate may be withheld for a reasonable time in order to
ensure that the correct amount is paid.
Coastall Call Center further has the right to terminate any
Member/Affiliate who has not paid for monthly service fee as defined
in the official website http://24-biz.com.
25. In the event that a provision of this Agreement is held to be
invalid or unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable, and the balance of the
Agreement will remain in full force and effect.27. This agreement
will be governed by and construed in accordance with the laws of the
State of New York, unless the laws of the state in which
Member/Affiliate resides expressly require the application of its
laws. This agreement is further governed by and construed in
accordance with the laws of the United States of America.
26. Member/Affiliate agrees not to disparage Coastall Call
Center, other Coastall Call Center Affiliates, Coastall Call Center
products, the Coastall Call Center compensation plan, Coastall Call
Center employees or Coastall Call Center Independant Contractors.
Member/Affiliate understands that disparagement may result in the
immediate suspension or termination of Member/Affiliate account.
DISCLAIMER:
Coastall Call Center hereby disclaims all express and implied
warranties for all products, goods or services, including the
implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR
PURPOSE. All products, goods or services are provided AS IS with
respect to Coastall Call Center. Any warranty or other remedy
offered by the original manufacturer or party offering any services,
if any, is offered only by such entity and not by Coastall Call
Center.
Coastall Call Center obligations and your remedies hereunder are
solely and exclusively as described and limited herein. Coastall
Call Center's liability, whether based on contract, tort, warranty,
strict liability, or other theory, shall not exceed the price of the
individual unit of goods, products or services whose alleged defect
or damage is the basis of the claim. In no event shall Coastall Call
Center be liable for any loss of profits, loss of use, or other
indirect, incidental, or consequential damage.
Coastall Call Center's display of any products, goods or services
offered by or originating from a party other than Coastall Call
Center are not intended nor offered as information or data
comprising any claim or representation as to such products, goods or
services by Coastall Call Center. Any ultimate purchase of any
product, goods or services from Coastall Call Center is made subject
to the law of the State of New York, which substantive law shall
control the relationship of the parties.
We and anybody else who helped us create, produce, or deliver the
site are not liable for any damages you suffer when you use it. In
particular, the lawyers want you to know that our disclaimer
includes direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, the site. Without
limiting the foregoing, everything on the site is provided to you
'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON
INFRINGEMENT.
Please note that some jurisdictions may not
allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Check your local laws for any
restrictions or limitations regarding the exclusion of implied
warranties. Ugh! What a mouthful from the mouthpieces. We put all of
that in quotes because we couldn't figure out any other way to say
it that the lawyers would accept. But here's the bottom line --
we're not responsible if you're browsing around and the site damages
you or your computer or infects it with any nasty viruses. We sure
hope that doesn't happen, but if it does, don't call us.
This Agreement is governed by the laws of the State of New Yirk,
without regard to principles of conflict of laws.
To the
extent you have in any manner violated or threatened to violate
Coastall Call Center and/or its affiliates' intellectual property
rights, Coastall Call Center and/or its members/affiliates may seek
injunctive or other appropriate relief in any state or federal court
in the State of New York, and you consent to exclusive jurisdiction
and venue in such courts.
DISPUTE RESOLUTION
Any other disputes will be resolved as follows:
If a
dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Westchester County, NY. Any costs and fees other
than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, we agree to submit
the dispute to binding arbitration at the following location:
Westchster County, NY , under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do
so.
Contacting Us
We can be reached by
contacting us at
Email: support@24-marketing.com
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