VIDEO CASH BIZ®
Club Member
Program:
TERMS AND CONDITIONS
INTRODUCTION
This Agreement contains the complete
terms and conditions which You agree to be bound by as a
participant in the VCB®
Club Member Program (the "Program") and which shall apply once your
registration to participate in the Program has been accepted.
ARTICLE 1.
PARTICIPATION & REPRESENTATION
1.01 VCB®
hereby grants to the participant the non-exclusive and revocable right to
market and advertise the Products and Programs.
1.02
The Participant will receive commission
payments on qualifying products and qualifying programs during the term of
this agreement. This term will begin on the date that your registration is
approved by VCB®,
and shall end when cancelled by either party.
1.03 While the
parties shall work hand-in-hand for the benefit of both, the parties
acknowledge and agree that the participant shall, from a legal perspective,
act as and shall be an independent contractor and not an employee or agent
of VCB®.
Nothing in this Agreement shall create a partnership, joint venture, agency,
or franchise between the parties in the legal sense of these terms. The
participant shall not sign any document in the name of or on behalf of VCB®
nor shall it hold itself out as being an agent of VCB®
or as having apparent authority to contract for or bind VCB®.
1.04 The participant is
solely responsible to report the paid commission to its taxation authorities
as required by law.
1.05
NO PERSONS UNDER THE AGE OF EIGHTEEN YEARS OF
AGE MAY DIRECTLY OR INDIRECTLY JOIN THE VCB PROGRAM(S) OR PLACE ANY
ORDERS FOR ANY GOODS OR SERVICES ADVERTISED ON THIS PROGRAM. YOU HEREBY
REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18 YEARS.
ARTICLE 2.
LICENSES AND GOODWILL PRESERVATION
2.01 VCB®
shall have the right, but not the obligation, to approve, in its sole and
absolute discretion and with due regard to the protection and preservation
of the goodwill of the Products and Programs and any promotional,
advertising or marketing item used by the participant. The participant shall
make all deletions and modifications suggested by VCB®
on any site where the Product / Program is mentioned.
2.02 The participant
shall not make or give to a customer or a potential customer any warranty,
representation or other statement concerning the products without first
obtaining the written consent of VCB®.
ARTICLE 3.
Copyright,
Trademarks,
Trade Names, & Patents
3.01
All materials published on the Program, including,
but not limited to articles, photographs, images, illustrations,
logos, style, design, look and feel, trade
names, trademarks, audio clips
and video clips, and all literary works
(the "Content"), are protected by copyright and other intellectual property
laws, and are owned or controlled by
VCB®,
or by the party credited as the provider of the Content, software or other
materials.
Participant
shall abide by all
additional copyright or other notices, information
or
restrictions appearing in conjunction with any Content, software or other
materials accessed through the Program. The
Program
is protected by copyright as a collective work and/or compilation, pursuant
to UK and U.S. copyright laws, international conventions and other copyright
laws. You may not modify, adapt, translate, exhibit, publish, transmit,
participate in the transfer or sale of, reproduce (except as provided in
this section of the Terms of Service), create derivative works from,
distribute, perform, display, reverse engineer, decompile or dissemble, or
in any way exploit, any of the Content, software, materials or
Program
in whole or in part.
3.02
As a Participant, you are solely responsible for ensuring that your
reviews, Program descriptions and articles (if applicable at your site) obey
all applicable copyright and other laws. You must have express permission to
use another party's copyrighted material.
VCB®
will not be responsible if you use another party's copyrighted material in
violation of the law.
3.03 You hereby recognize
our right of ownership of all Trademarks, Trade Names, and Patents
associated with these services. You will act consistently with these rights
and act to preserve them in the course of marketing and sales of these
services. We grant you the right to our Trademarks and Trade Names in
connection with marketing and sales of these services.
3.04
VCB®
shall have the right, but not the obligation, to pre-approve the graphics,
logos, and videos used on any Web site which is linked to its site.
Furthermore, the Club Member shall annotate its site with appropriate
copyright, trademark and other similar notices, which shall be approved by VCB®.
ARTICLE 4.
PARTICIPANTS USING THEIR OWN WEB SITES
4.01
The
participant will be solely responsible
for ensuring that any additional links are formatted properly, a necessary
prerequisite to tracking such sales.
4.02 The participant
SHALL NOT send or display on its Web site any material that may be
considered to be harassing, libelous, defamatory, legally obscene or
pornographic, threatening, abusive or hateful, nor shall it send unsolicited
e-mail and shall not send e-mail or any other communication to a recipient
if the recipient has requested that it discontinue such communication.
ARTICLE 5.
SPAMMING
5.01
VCB®
Strictly Forbids Spamming and Enforces this Policy. We will Terminate Your
Registration and make you
ineligible for a new account if You Spam.
What does spamming mean?
Spamming is the unsolicited and unauthorized sending of e-mails to
businesses and people who do not know you personally and have not agreed to
receive your messages. Posting Usenet/News Group messages recruiting new
members is also considered spamming. Opt-out lists are also not acceptable.
Requiring somebody to specifically request removal from a mailing list to
prevent solicitation will
be considered SPAMMING and is a violation
of our Anti-Spam policy. The rule of thumb here is that if somebody did not
specifically request the information then it is most likely SPAM..
ARTICLE 6.
MISCELLANEOUS PROVISIONS
6.01
All notices, requests and other communications shall be deemed to have been
received when posted by VCB®
on its Web site. It shall also be deemed to have been received on the next
business day if transmitted by telecopier, e-mail or any other form of
electronic mail to the last known electronic address of the intended
recipient.
6.02
Website service interruption:
VCB®
will make every effort to keep its website/s operational. However, certain
technical difficulties may, from time to time, result in temporary service
interruptions. The Participant agrees not to hold
VCB®
liable for any of the consequences of such interruptions.
6.03
Promotional Techniques: You are free
to promote the link to video-cash.biz in all the ways we recommend. Examples
of acceptable ways to promote the products/program are: submitting to search
engines, appropriate directory's, through banners, text links, letters of
recommendation to newsletter subscribers, or your client base. However, if
you use SPAM (in any way, shape or form, including email and newsgroup
spamming), or offer the products or program on any WAREZ, CRACK, or SPAM
oriented site, your registration will be immediately terminated. Any commission
fees not paid up to the point of termination will not be paid to you and
will be property of VCB®.
ARTICLE 7.
ORDER PROCESSING
7.01 VCB®
will be solely responsible for
processing every order,
including, and without limitation, the placement of orders, pricing, payment
terms, processing, etc. Without restricting the generality of the foregoing,
VCB®
shall have the right to cancel, suspend or delay any order for the Product.
7.02 VCB®
will process orders via secure online ordering,
or
VCB®
mailing address.
7.03
Refunds, Chargebacks: If an order is later refunded to the customer or charged
back by the customer, the referral fee,
and any Member charge back fees, will be deducted from the next monthly
payment sent to the Member. Cash sales, there are NO refunds.
ARTICLE 8.
PARTICIPANT SALES COMMISSIONS
8.01
.
A participant earns a commission on completed product sales "ONLY".
A participant can earn a 'Personal Sales' commission, and a 'Personally
Sponsored Business Partner' sales commission as described in the commission schedule.
8.02 Products purchased using credit card. VCB®
shall, on the 10th of each month, send the commission representing the
amount payable.
8.03 Fixed cost 5%
Our payment processor
charges us for every transaction an average fixed cost of 5%. Therefore
commissions are computed from 95% of total order amount (credit card
sales).
8.04 Products purchased
using CASH. VCB®
shall send the commission representing the
amount payable within 48 hours of receiving completed order and full
payment.
8.05 Sales and recruiting
commission overpayments may be deducted from future payments or shall be
reimbursed by the participant.
ARTICLE 9.
Qualifying
Products
9.01
The terms "product" or "products" refer to
Qualifying Products.
9.02 The
products sold by
VCB®
include Video coupons.
ARTICLE 10.
Qualifying
Programs
10.01
The terms "program" or "programs" refer to
Qualifying Club Member Program.
ARTICLE 11.
VCB®
Club Member Program
11.01
₤25
to join (One-time registration fee).
11.02
The participant earns a commission
on completed product sales ONLY.
11.03 In the event that more
than one participant claims the same commission for a sale,
VCB®
shall select the participant which shall receive
the compensation.
11.04
A Club Member can earn two separate commissions (2 Tier payment
structure)
1...Personal product sales. (40%)
2...Personally introduced Club Member product sales. (20%)
11.05 There are NO
restrictions on the number of video coupons purchased or the number of
new personally sponsored Club Members.
ARTICLE 12.
VCB®
Club Member
PROGRAM - COMMISSION SCHEDULE
12.01
This Commission Schedule is in effect from November 1st, 2011.
Completed product sales commission payable as follows:
|
- Club Member Commission
Schedule - |
|
VCB®
Products |
'Personal '
product sales |
'Personally Sponsored 'Club Member' sales |
VCB® VIDEO COUPON
(RRP ₤250
each) |
₤100
each sale
|
₤50
each sale |
|
*Residual
income. You get paid again on any annual product renewals fees. |
ARTICLE 13.
You must read and agree to the
following terms and conditions before your registration can be activated.
Please read them carefully.
13.01 Any notice to VCB®
shall be provided by
email
13.02 By clicking the
"Apply For Registration" button below, you are purchasing (₤25 fee) access
(to the "Program") subject to the terms, conditions and disclaimers set
forth herein, and you (the "Participant") agree to by bound by this agreement
(the "Agreement") between you and VCB®.
13.03 YOUR REGISTRATION MAY NOT BE ASSIGNED OR
TRANSFERRED TO ANY OTHER PERSON OR ENTITY, AND ANY SUCH ASSIGNMENT OR
TRANSFER WILL RESULT IN THE IMMEDIATE TERMINATION OF YOUR SUBSCRIPTION.
ARTICLE 14.
TERMS OF THE AGREEMENT
14.01 The participant
shall have the right to terminate this Agreement at any time upon written
notice to VCB®.
Voluntary participation is a condition of registration. If a member is
not satisfied with the program they may cancel at anytime. No Refunds.
14.02
Commission Fees earned through the date of
expiration or cancellation of this agreement will remain payable only if the
products are not returned or cancelled from their orders. Payment of the
final commission fee to the participant may be withheld for 30 days in order
to ensure that the correct amount is paid.
14.03 In the event
that the participant breaches any of the undertakings or obligations set forth
in this Agreement and does not remedy same within 7 days notice from VCB®
, it shall automatically forfeit ALL Commissions then receivable or
receivable at any time in the future. VCB® shall, in
addition, have the right to terminate this Agreement and shall retain all
other rights and remedies available to it at law or in equity.
14.04 As soon as
notice of termination of this Agreement is given or upon termination as
herein provided, the participant shall immediately cease its marketing and
advertising of the Product and shall forthwith eliminate all mention and
references to the Product and all links to VCB® . Pending the
completion of the foregoing, VCB® may hold in abeyance the
participant's Commission.
ARTICLE 15.
MODIFICATION AND APPLICATION OF AGREEMENT
15.01 VCB® may,
in good faith, modify any of the terms and conditions contained in this
Agreement (including the Commission Schedule), at any time and
in its sole discretion, by posting a change notice or a new agreement on its
Web site. Any changes to the Commission rates or terms shall only come into
force 30 days following posting. If any modification to this Agreement is
not acceptable to the participant, its only recourse is to terminate this
Agreement. The participant continued participation in the Program following
the said posting of a change notice or new agreement shall constitute
binding acceptance by the participant of the change.
ARTICLE 16.
INDEPENDENT EVALUATION
16.01 The participant
acknowledges that it has reviewed this Agreement and agrees to all its terms
and conditions. The participant has independently evaluated the desirability
of participating in the Program and is not relying on any representation,
guarantee or statement other than as set forth in this Agreement.
ARTICLE 17.
LIMITATION OF LIABILITY
17.01 Liability.
VCB® shall not be liable for any damages if, for any reason
whatsoever, its web site fails or is non-operational for any reason
whatsoever.
17.02 Warranty
Disclaimer: VCB®
makes no warranties, representations or
conditions with regard to the program or, except as expressly set forth in
VCB®
then current product sales policies, any
products sold thereunder, whether express or implied, arising by law or
otherwise, including without limitation any implied warranty of
merchantability or fitness for a particular purpose or non-infringement or
any implied warranty arising out of course of performance, course of dealing
or usage of trade.
17.03 Limitation of Damages
VCB® shall have no
liability for any indirect, incidental, special or consequential damages or
any loss of revenue or profits arising under or with respect to this
agreement or the program, even if VCB®
has been advised of the possibility of such damages. .
17.04 Applicable
Law
This site is created and controlled in the United Kingdom. As such, the laws
of the country will govern these disclaimers, terms, and conditions, without
giving effect to any principles of conflicts of laws. The application of the
United Nations Convention of Contracts for the International Sale of Goods
is expressly excluded. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable. Unless otherwise explicitly stated,
the provisions of this Agreement shall survive its termination. This
Agreement contains the entire agreement between the participant and VCB®
regarding participant's use of the Program and all matters directly and
indirectly related thereto.
17.05 By clicking on the "Apply For Registration' button you
confirm that you have read this agreement in its entirety, you are at least
18 years of age, and understand and consent to its terms.
Click Here to Register and Join Our
VCB® Club Member Program
(A small ₤25 registration fee applies)
