Terms of Service for Elite Profit System
This agreement is in effect as of Nov 30, 2015.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Elite Profit System employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Elite Profit System Inc and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys\' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Elite Profit System Inc or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Elite Profit System Inc will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on Elite Profit System, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Elite Profit System Inc, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Elite Profit System Inc.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Elite Profit System Inc from our offices located in the state of NY, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of NY, by accessing our website, you agree that the statutes and laws of NY, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, NY You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Elite Profit System Inc EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EliteProfitSystem.com customers may choose to register as Affiliates. Each affiliate is an independent contractor of company services and not an employee. There is no provision or activity included in the customer, affiliate or partner status to create a relationship as employer/employee. You agree that no joint venture, partnership, employment, or agency relationship exists between you and our company based on this agreement or use of the website, products, and/or services.
As independent Affiliate you agree to abide by and be legally bound by these terms and conditions and you agree that you are operating as an independent contractor and you are not entitled to any other benefits, other than those legally provided trough the affiliate program.
An affiliate may earn commissions on sales of our services packages. Whenever someone purchases through your affiliate link, you earn an affiliate commission, as percent of the sale.
As affiliate you are required to maintain the account in good standing, which means to have an active paid account, to comply to our policies as specified on this page.
The commissions amounts are 100%. The commission is recurring every month as long as the client renews the purchased package monthly.
The "good faith" sale activity principle governs the relationship between the Company, you as affiliate and the end-user and defines a new active account which is opened by a new client with an unique valid payment record in database. EliteProfitSystem.com doesn`t pay commissions on recruiting other affiliates. Cross recruiting, using Guaranteed or Incentivized Signups are strictly prohibited and will not be tolerated. Due to internet expansion we understand that two accounts per house hold may be necessary but will not be counted as sale and as due affiliate commission.
Any sums not collected from the affiliate's customer are not commissionable, and any fees incurred during processing of sales made by the affiliate but not completed or rejected, will be deducted in whole from any commissions due to the affiliate.
You will be provided an affiliate identification username and link. Your affiliate ID is your username and is case sensitive. You are responsible for maintaining the security of your affiliate ID and password. You agree that we are not liable in the event that any such information is shared by you with anybody else whatsoever.
After signing up for the affiliate program, you will receive a unique affiliate ID and affiliate URL, which you may use to advertise. When someone visit the website through this URL, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. The cookies helps us determine whose commission is to be paid. In order to receive proper credit for sales, a client must purchase through your unique affiliate URL.
Commissions are paid instantly by your downline directly to you. There is no minimum commission payout. Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason. We are not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.
If a chargeback occures, or if an online transaction is not completed in every way, no commission payment is due to the affiliate as the sale is considered failed. If a commission has already been paid, then it will be deducted from an active affiliate's future commissions.
If the Affiliate`s account is inactive for any reason when commissions are calculated, any commissions for that sale is forfeited.
The commissions are issued and paid in USD, as percent of the sale.
Each affiliate is responsible to abide by the our anti-fraud and security rules regarding the payment processors as they are stated and enforced on this page
PAYMENT PROCESSOR FEES
All commissions are calculated based on the net transaction. The payment processor fees are first deducted from the amount paid by the customer. The remaining amount is a commissionable sale. The affiliate commission percent listed on the website is then applied to determine the amount due the affiliate. Any sums paid for payment processor fees are not commissionable.
All liabilities for taxes, record keeping, reporting of national or local taxes and/or licenses or any other tax liabilities that affect or concern the sales of the products or services, in your country or location. will be your sole responsibility of affiliate as independent contractor.
As an affiliate you may advertise using your website, third party websites, eBooks, email marketing, social media posts,forums, etc. On any website on which you include any reference whatsoever to EliteProfitSystem.com, our Company or its products and services or benefits, you are not allowed to include any reference to any form of illegal and Adult content. Also, your website or advertising material and 3rd party services you use, may not contain any content or images that are not suitable for being viewed by children of 13 years of age or younger. If such event occurs, we will immediately terminate your account and your affiliate status without any paying commission, that will be forfeited.
EliteProfitSystem.com operate with a strict professional code conduct. Any affiliate who puts the EliteProfitSystem.com and the Company, the clients and partners in any damaging situation, or who promotes using any form of discrimination, illegal, or unfair business practices, or trying to cheat the system in an effort to increase their payments due will have their affiliate status canceled and any outstanding commissions will be forfeited at the sole discretion of the Company with all future commissions or products usage forfeited. This includes, but is not limited to, pornography, computer viruses, prostitution, obscenity, defamatory, slanderous, hateful.
The sending of unsolicited bulk emails (UCE) also known as Spam, which promote, or make reference to EliteProfitSystem.com, the websites, products or services within our Network is prohibited and will be sanctioned. The provisions of SPAM policy as integral part of the terms shall apply to every affiliate.
If such event occurs, in any violation of the professional conduct of affiliates, or infringement of the Terms and conditions of use, the affiliate agreement will be terminated, funds and commissions forfeited. If the affiliate activity results in the suspension or termination of any payment processor for EliteProfitSystem.com, you shall be liable for liquidated damages in the amount of $8,000 as penalty plus the whole amount lost in the payment processor at that time, as well as any other damages that may result for our company.
Affiliates must agree that engaging in bad practices such as attempts of stealling other affiliates commissions by changing the affiliate ID of other affiliates links, attempts of bypassing any security settings will be sanctioned with affiliate agreement termination, funds forfeited and may be pursued with legal actions.
We reserve the right, at our sole discretion, to reject any affiliate application if we believe that potential affiliate infringe or may infringe the Terms and conditions established by us or established laws and also a certain standard of decency. This includes former affiliates who were previous in conflict with our Terms.
As an Affiliate, independent contractor, you agree and confirm that neither EliteProfitSystem.com, our company, nor any of its affiliates have guaranteed or implied any income, whatsoever. Such income as may be received by you as an Affiliate will be solely based upon the sale of EliteProfitSystem.com and Company services that you, as Independent contractor make, and based on commission as described above.
You also do hereby attest and verify that you will make no claims of income, or guarantee of income, either directly or indirectly. Read more on the Income Disclaimer page as is integral part and subject to our Terms and Conditions.
THIRD PARTY AND LIABILITY
The company will in no way be liable for the actions of third parties that may in any way harm our clients and affiliates. This includes, but is not limited, to the customer/affiliate agreement to indemnify and hold harmless us from any claims resulting from the use of the service that damages customer/affiliate or any other parties. No affiliate may assign or sub license this agreement to any third party We will not be liable for indirect or accidental damages, including financial loss, due to affiliate system sale tracking failures, commission processing failures, losses of database files or backups thereof, attacks, computer viruses, errors or interruptions or force mature situations.
MODIFICATION AND TERMINATION
We reserve the right to make changes to this affiliate agreement, in good faith, at any time and at our sole discretion. We will inform all the affiliates by email and by posting a change notice or a new agreement on the website. These changes will come into force immediately after they are communicated to the affiliates.Therefore, if the the affiliate continues the participation in the affiliate program after the change notice or a new agreement, this shall constitute binding acceptance of the affiliate.
In the event that the affiliate doesn`t accept the changes to the agreement or a new agreement this will be considered the termination of the affiliate agreement. In case of termination of the affiliate agreement, any affiliate must remove all affiliate links and any graphics that will mention our websites.
The Affiliate Agreement will begin upon your sign-up with the affiliate program and will end when either you or our company terminates your affiliate status, or if your account is inactive in more than 10 days. An affiliate may terminate this agreement at any time, and for any reason. The affiliate is prohibited for transferring any rights for this agreement or consequential to this agreement to any third party.
We may also terminate this agreement at any time, and for any reason. If the affiliate agreement should terminate due to infringements of this agreement or the company terms, this agreement shall terminate immediately and affiliate shall forfeit all right to any commissions and without any refund.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Elite Profit System Inc