Your Consent to Other Agreements
Ownership of this Website and its Content
This Website, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Stacyrossetti.com or Stacyrossetti.com’s partners and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Website and to display, download, or print portions of this Website on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. All rights in and to the Website and Content not expressly granted are hereby reserved by Stacyrossetti.com.
The Stacyrossetti.com names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Stacyrossetti.com and/or its affiliates (the “Stacyrossetti.com Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Website are the property of their respective owners. You are not authorized to display or use the Stacyrossetti.com Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Website without the prior written permission of such owners. The use or misuse of the Stacyrossetti.com Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
In consideration of your use of this Website, you agree that to the extent you provide personal information to Stacyrossetti.com it will be true, accurate, current, and complete and that you will update all personal information as necessary. You also agree that you will use an image of yourself that you are authorized to use for your profile picture. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited. Company logos may only be used on company profiles in our directory for Stacyrossetti.com and may only be posted by authorized representatives of the respective company.
To the extent you create an account through this Website, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Website in accordance with any and all applicable rules and regulations. You agree not to upload or transmit through this Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information; any interference with the availability of or access to this Website; or any unauthorized scraping of the Content on this Website is strictly prohibited. We reserve all rights and remedies available to us, including but not limited to the right to terminate your access to this Website.
Calculators, Analysis Tools & Advice
The forms, contracts, calculators, spreadsheets, & analysis tools found on this Website (“Tools”) are designed to be used for informational and educational purposes only and do not constitute legal, investment or financial advice. Stacyrossetti.com recommends that you: (a) seek the advice of professional advisors, including real estate professionals, before making any type of investment or real estate decision (including, without limitation, the purchase of or investment in real estate), and (b) independently verify any calculation or output obtained from a Tool. Your use of Tools and Content found on the Website is at your own risk. The results from Tools and Content presented may not reflect the actual return of your own investments. Stacyrossetti.com is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by these Tools. Furthermore, Stacyrossetti.com is not responsible for any human or mechanical errors or omissions.
Additionally, Stacyrossetti.com may offer opportunities to receive feedback or information directly or indirectly from Stacyrossetti.com’s personnel (“Feedback”). The Feedback is informational in nature and are not legal, financial, real estate, or tax advice, and Stacyrossetti.com is not engaged in the provision of legal, tax or any other advice. You should seek your own advice from professional advisors, including lawyers and accountants, regarding the legal, tax, and financial implications of any real estate transaction you contemplate. Stacyrossetti.com does not make, and hereby disclaims, any representations and warranties regarding the content of the Feedback, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. You use the advice and information provided in the Feedback at your own risk. Stacyrossetti.com hereby disclaims any liability to you for any loss, damage, or cost arising from or related to the Feedback, including, without limitation, the accuracy, appropriateness, quality, or completeness of the information provided in the Feedback, regardless of the cause. Stacyrossetti.com is not liable or responsible to you with respect to any lost profits, loss or damage, including, without limitation, incidental, indirect, or consequential damages caused, or alleged to have been caused, directly or indirectly, by the Feedback.
Fees and Payments
Stacyrossetti.com is a monthly subscription service. By registering for a paid monthly subscription, you agree to pay Stacyrossetti.com the fees for the services applicable to the subscription chosen. For any upgrade or downgrade in subscription level, the credit card that you provided will automatically be charged at the new rate immediately.
All fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted, refunds for accounts that have had upgrades canceled for any reason including violations of these Terms, or refunds for months unused. However, if a user upgrades and cancels within 24 hours without using the upgraded services offered to members with a paid subscription, we will offer a full refund minus any applicable cancellation fees. We reserve the right to deactivate your access to the services for your failure to pay applicable fees or for violations of these Terms. If you provide us with a credit card that expires during the term of these Terms of Service, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Stacyrossetti.com in the event of any refusal of your credit card issuer to pay any amount to Stacyrossetti.com for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Stacyrossetti.com may immediately suspend or terminate your access to any or all of our services.
Your Stacyrossetti.com paid subscription will renew automatically, unless you cancel your subscription. You must cancel your subscription 30 days before the calendar day it renews (the day of the month you are to be charged) to avoid billing of the subscription fees for the renewal term to your credit card. Additionally, we may terminate your subscription for a violation of these Terms.
Promotional or Trial Period Pricing
We may elect to offer free or discounted pricing for use of paid account levels or other subscription services (a “Trial”). If you do not cancel your subscription prior to the expiration of the Trial, then your credit card will be billed for the subscription fees. You agree to comply with any additional terms, restrictions or limitations we impose in connection with any Trial. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial.
You may cancel your subscription(s) at any time by logging into your Stacyrossetti.com account and selecting to cancel your account. You may also request a cancelation at firstname.lastname@example.org. You must provide 30 day notice to avoid being charged for the upcoming billing period.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR ANY TOOL, CONTRACT, PRODUCT, OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS WEBSITE, INCLUDING PRODUCTS OR SERVICES FROM THIRD-PARTIES OR TEACHERS REPRESENTED ON THIS WEBSITE. THIS WEBSITE, ALL TOOLS, ANY FEEDBACK, AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Stacyrossetti.com, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, TOOLS, ANY FEEDBACK, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Stacyrossetti.com, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS WEBSITE; (C) THAT THE CONTENT OF THIS WEBSITE, FEEDBACK, OR ANY TOOLS ARE ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. YOUR USE OF ALL TOOLS AND FEEDBACK IS AT YOUR OWN RISK.
WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
Stacyrossetti.com DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED Stacyrossetti.com SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN TEACHER OR VENDOR CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF Stacyrossetti.com. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. IN ADDITION, Stacyrossetti.com MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES OR GOODS OFFERED BY THIRD PARTIES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Links to Third-Party Websites
Stacyrossetti.com has financial relationships with some of the companies, products, and services mentioned on our Website, and may be compensated if users choose to follow the links pointing to those companies, products or services.
Modification, Discontinuation, and Termination
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
Governing Law, Jurisdiction and Venue
The term “Content” refers to (a) all of the software and code comprising or used to operate this Website, and (b) all of the text, forms, contracts, content, data, analysis, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website.
The term “including” means “including, but not limited to.”
The term “Website” refers to the webWebsite located at www.stacyrossetti.com and owned by Stacyrossetti.com
1227 N Peachtree Pkwy
Peachtree City, GA 30269
HOW WE PROTECT YOUR PRIVACY
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor under 13, please do not provide us or other website visitors with any personal information.
POLICY IS PART OF OUR TERMS AND CONDITIONS OF USE
THE TYPE OF INFORMATION WE COLLECT FROM YOU
Like most places on the Internet, simply by visiting our website you automatically tell us certain information. This includes basic information such as your IP address, when you visited, the website from where you came prior to visiting us, the website where you go when you leave our websites, your computer’s operating system, and the type of web browser that you are using. Our websites automatically records this basic information about you.
We use local shared objects, also known as Flash cookies, to store your preferences such as volume control or display content based upon what you view on our site to personalize your visit. Third Parties, with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity, use Flash cookies to collect and store information.
Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies.
BEHAVIORAL TARGETING / RE-TARGETING
We may also collect any data that you provide us by posting it at our websites (through our contact us page) or by e-mail (such as your name and email address). You can always choose not to provide us with information. However, if you do withhold information, we may deny you access to some or all of our website’s services and features.
Any information provided on our website order forms is collected by our payment processing service providers on their servers from Customers who access our site. That information is then shared within our company. This information includes ordering information such as shipping and billing names and addresses, phone numbers, email address, and credit card information (See “Orders” below). We use this information primarily to fulfill customer orders and requests. We do not share this information with any third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.
ORDERS AND USE OF PERSONAL INFORMATION
If you purchase a product or service from us, we request certain personal information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card information and expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
We will communicate with you in response to your inquiries, to provide services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.
WHAT WE DO WITH YOUR INFORMATION
We use your information to operate our website’s business activities. For example, we may use this data to contact you about changes to our websites, new services, or special offers, resolve disputes, troubleshoot issues, bill you for goods, and enforce our website’s terms and conditions.
As a general rule, we will not share, sell, rent or trade your data with third parties without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs.
We may, in our sole discretion, provide information about you as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.
Although we do not disclose individually identifiable information, we may disclose aggregate data about our website’s visitors to advertisers or other third parties for marketing and promotional purposes. From time to time, we may use third party suppliers to provide services on our website such as credit card processing to bill you for goods and shipping companies to fulfill orders. We restrict the way third party suppliers can use your information. They are not allowed to sell or give your information to others. We will share personal information as necessary for that third party to provide that service.
If we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information will likely be among the assets transferred. You will be notified via email and/or prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.
Our Web site offers publicly accessible articles. You should be aware that any information you provide while leaving comments within this area of our site may be read, collected, and used by others who access them. To request removal of your personal information from our articles, contact us at email@example.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
ACCESS TO PERSONAL INFORMATION
If your personal information changes, or if you no longer desire our service, you may correct, amend, delete inaccuracies or deactivate it by contacting us at firstname.lastname@example.org. We will respond to your access request within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We may use autoresponders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications, and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an e-mail to firstname.lastname@example.org or sending us mail to the address listed below.
We provide you the opportunity to opt-out from any promotional or marketing emails that we may send you. You may do so by following the instructions included in each communication or by emailing us at email@example.com.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. When you enter sensitive information (such as credit card number) on order forms that are hosted by our third-party service providers, the transmission of that information is encrypted using secure socket layer technology (SSL).
LINKS TO OTHER SITES
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
SOCIAL MEDIA WIDGETS
Any questions or concerns about this policy should be brought to our attention by sending an e-mail to email@example.com and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
1227 N Peachtree Pkwy
Peachtree City, GA 30269
CALIFORNIA PRIVACY RIGHTS
If you are a California resident and our customer, Cal. Civ. Code 1798.83 permits you to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. To request this information, please send an e-mail to firstname.lastname@example.org or write us at the following address:
1227 N Peachtree Pkwy
Peachtree City, GA 30269
There is no guarantee that you will make any money in this business. In fact, most people don’t. Most people quit and give up when it gets hard. Probably less than 5% of people make any money in real estate investing. This is not a “Get Rich Quick” scheme. This is a legitimate business – and you must treat it as such. You must work hard. And you must invest time and money in marketing. Your results will vary and are NOT guaranteed. Always seek legal advice and counsel before implementing any business opportunity or real estate investing system.
This website is intended to be for educational and entertainment purposes only. Every effort has been made to accurately represent this service and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings or as a representation of what is typical. Earning potential is entirely dependent on the person using our service, ideas and techniques. We do not purport this as a “get rich scheme”. Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the programs, materials, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we in any way responsible for any of your actions. Materials in our services, products and on our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward- looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to anyone else. In fact no guarantees are made that you will achieve any results from our ideas and techniques in our materials and programs.
These programs are not for you if:
1 – You do not have the money to put into these techniques.
2 – My information will sit in your inbox untouched.
3 – You are looking for a business opportunity. These are strategies designed for serious real estate investors.
Any and all earnings examples reported on this site or in any documentation by our company are due to exceptional work by the individual using our strategies and products. We make no guarantee of any one’s ability to earn money based solely on the information and strategies we offer. Any and all earnings relate directly to the effort and abilities of the individual using the products, tools and strategies listed.
Any investment strategy involves the risk of losing some or all of the money invested. We cannot promise any future earnings based on the fact that all results are based on the business judgment, abilities and skills of the individual utilizing the tools offered.
Some of the results listed on our site or listed in our literature may include future looking statements. These statements are simply projections of possible future market changes and cannot be used as promises of earnings.
AFFILIATE AGREEMENT FOR StacyRossetti.com
This Affiliate Agreement (“Agreement”) is entered into by and between you (“Affiliate”) and StacyRossetti.com, LLC, a Georgia limited liability corporation upon your submission of an application to become an affiliate of the Company.
The Company has set up a program for affiliates to promote it’s membership in exchange for a share of the proceeds of any sales prompted by the affiliates’ promotional efforts (the “Affiliate Program”). Except as modified by a separate agreement governing the promotion of any particular product, the terms of this Agreement apply to the Affiliate’s participation in the Company’s Affiliate Program.
By submitting an application to participate in the Affiliate Program and/or by otherwise participating in the Affiliate Program, Affiliate expressly agrees to the terms and conditions set out in this Agreement and in any agreement that might apply to individual membership.
APPLICATION & ACCEPTANCE
To participate in the Affiliate Program, Affiliate must complete an Affiliate Program application (“Application”). Affiliate is required to answer all questions in that Application, and Affiliate’s answers must be accurate and complete.
To participate in the Affiliate Program, Affiliate must provide the Company with Affiliate’s true identity and contact information, as well as business and banking information as requested. Affiliate may not use any alias, pseudonym, persona, pen name, DBA, or other means to mask Affiliate’s identity or business details.
The Company will rely upon the information provided in Affiliate’s Application, and any false information will be a basis to reject a prospective affiliate’s Application or to terminate Affiliate’s status as an affiliate without compensation if discovered after approval. The Company may accept or reject any Application at its sole discretion for any or no reason.
Upon acceptance into the Affiliate Program, Affiliate will receive an email notifying Affiliate of such acceptance and providing affiliate credentials (including details about how to obtain affiliate links and other important information).
The Company will pay Affiliate a fee (a “Commission”), for each customer referred to the Company through the unique tracking links assigned to the Affiliate (“Affiliate Links”). The tracking and attribution of sales to Affiliates based upon their tracking links is done automatically by the Company’s affiliate tracking system. Affiliates shall only be entitled to Commissions on sales that are tracked through the Company’s affiliate tracking system and indicate the Affiliate Link as the source of the sale.
Affiliate shall receive an affiliate commission of $40 flat fee after 60 days of continuous membership from each StacyRossetti.com membership sold. All Commissions are calculated after any discounts, and before payment processing fees. For example, if a customer purchases a product with a list price of $100 and uses a 10% discount code, the Commission will be calculated based on the $90 discounted price actually paid by the customer.
Affiliate agrees that the Company shall only be liable for payment of the Commissions to the extent it receives all funds due and owing to it from the relevant customer after the refund period has passed. Accordingly, Affiliate shall not be entitled to any Commission on a sale that is refunded, for which there is a chargeback, or for which the Company ultimately does not receive the sales proceeds as a result of credit card abuse or fraud.
The Company pays all Commissions on the 3rd day of the month, provided the refund period for the product sold has expired.
PAYOUTS AND PAYMENT PROCESSING
The Company shall pay any sums due to Affiliate via Paypal Affiliate shall be responsible for providing all requested information necessary to facilitate the use of the payment method. The Company is not responsible for any amounts not received by the Affiliate due to inaccurate or out of date payment information as provided by the Affiliate.
Payments will only be made to those who are owed $40 USD or greater for the applicable payment period. If Affiliate has not reached the minimum payment amount in a given payment period, the amount will roll over and be paid the following payment period provided the minimum payment threshold has been reached.
The Company shall not be liable for paying interest to Affiliate for accrued but not yet delivered Commissions.
Affiliate shall not be eligible to receive any payments from the Company until Affiliate has submitted the appropriate tax forms and has set up a proper payment gateway.
Affiliate shall be required to complete either a W-9 or a W8-BEN. It is Affiliate’s sole responsibility to provide the required forms in a timely manner. No payments shall be made to Affiliate until the proper form is provided.
Affiliate shall be solely responsible for paying any and all United States, state, or foreign income taxes and any other tax liabilities arising from any commissions earned or received by Affiliate.
The Company’s affiliate management system uses tracking cookies (“Cookies”) to track Affiliate Links clicked. When an Affiliate Link is clicked, Cookies are stored in the customer’s browser. The Company shall not be liable for any loss of Commissions due to Cookies intentionally deleted or cleared by customers.
In the event a customer clicks Affiliate Links from multiple affiliates, the link clicked and the cookie created closest in time to the sale shall determine the affiliate to receive the Commission for that sale.
RIGHT TO CHARGEBACK, OFFSET, AND WITHHOLD
Affiliate agrees that the Company shall have the right to charge back the Affiliate’s account or otherwise adjust for any previously paid Commissions that ultimately are not commissionable under this Agreement. Specifically, in the event that a sale attributed to an Affiliate is charged back, refunded for any reason, or otherwise challenged after the Commission has been paid, the Company shall have the right to charge back the Commission paid to the Affiliate.
Affiliate agrees that the Company shall have the right to offset any Commissions due and payable to the Affiliate to account for any chargebacks on sales for which Affiliate has already received a Commission.
Affiliate agrees that the Company shall have the right to withhold up to 20% of the Commissions due (“the Withholding”) for a period of 90 days to ensure an ability to offset any chargebacks. In the event that the Affiliate’s chargeback percentage exceeds the Withholding for a period of two consecutive months, the Company shall have the right to increase the Withholding percentage. The Company shall provide written notice of any such increased Withholding percentage that shall apply to Affiliate.
LIMITED LICENSE TO USE PROMOTIONAL MATERIALS
From time to time, the Company may make promotional materials available to Affiliate for use in promoting the Company’s membership or services (“Promotional Material”). The Promotional Material may include the Company’s logos, images of membership, social media graphics, display banner advertisements, copy for emails and social media posts, and other graphic and textual material for use in Affiliate’s promotion efforts.
Upon acceptance into the Affiliate Program, the Company grants Affiliate a revocable, non-exclusive, non-transferrable, worldwide, royalty-free license to use the Promotional Material during the term of this Agreement. The Affiliate may use the Promotional Material on its website, on social media, in emails, and in other promotional activities.
Affiliate may use any such Promotional Material solely for the purpose of promoting the Company’s membership or services and/or for linking to the Company’s website. Affiliate may not make any other use of the Promotional Material and shall not state or imply that the Company has endorsed the Affiliate.
Affiliate agrees not to alter, add to, subtract from, or otherwise modify any of the Promotional Material provided by the Company without the express written consent of the Company. Moreover, Affiliate may not make any derivative works using the Promotional Materials for any purpose other than promoting the Company’s membership or services.
INTELLECTUAL PROPERTY OWNERSHIP
No logo, tagline, trademark, trade name, or trade dress (collectively, the “Company’s Marks”) owned by the Company may be used, copied, or reproduced by any Affiliate except as set forth in this Agreement. No Company intellectual property (or any mark confusingly similar to the Company’s Marks) may be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country. In using the Company’s Marks, Affiliate must: (i) only use the images of Company’s Marks that are made available to Affiliate, without altering them in any way; (ii) only use Company’s Marks in connection with the Affiliate Program and this Agreement; and (iii) immediately comply with any request by Company for Affiliate to discontinue use. Affiliate must not: (i) use the Company’s Marks in a misleading or disparaging way; (ii) use the Company’s Marks in a way that implies the Company endorses, sponsors or approves of Affiliate’s services or membership; or (iii) use Company’s Marks in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
The Company retains exclusive ownership of Company’s Marks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Company’s intellectual property.
Affiliate retains ownership of all intellectual property created solely by Affiliate to promote Company’s membership or services. In the event that the Company and Affiliate collaborate on any promotional material such as a joint venture webinar, Company and Affiliate shall each retain ownership rights to such promotional material.
Affiliate grants to Company a non-exclusive, non-transferrable, royalty-free license to use and display Affiliate’s trademarks, service marks, and logos (“Affiliate’s Marks”) in connection with the Affiliate Program and this Agreement.
REPRESENTATIONS AND WARRANTIES
The Company represents and warrants that:
- The Company shall not knowingly and intentionally violate any law, regulation, or rule applicable to its business operations;
- the membership and/or services offered in connection with the Affiliate Program are legal membership and services within the Company’s jurisdiction;
- it intends to be bound by the mutual promises, terms, and conditions of this Agreement; and
- it has the necessary intellectual property and other rights to offer the membership that are available for promotion under the Affiliate Program.
Affiliate represents and warrants that:
- Affiliate has read this Agreement, understands its terms, and agrees to be bound by this Agreement;
- this Agreement constitutes Affiliate’s valid and binding agreement and was executed by a person with authority to bind the Affiliate;
- Affiliate’s answers to the questions in the Application were truthful and accurate to the best of Affiliate’s knowledge;
- Affiliate will comply with CAN-SPAM, GDPR, and CA-SL requirements in connection with email marketing;
- Affiliate will comply with all applicable Federal Trade Commission rules, regulations, and guidelines related to affiliate marketing;
- Affiliate will not make use of the Company’s name, trademark, or service mark in any manner other than expressly allowed under this Agreement; and
- Affiliate will not engage in any behavior that violates the terms of this Agreement or that constitutes an attempt to fraudulently or deceptively increase the earnings of Affiliate under this Affiliate Program.
In the course of participating in the Company’s Affiliate Program, Affiliate may have access to sensitive or confidential information related to the Company’s business (“Confidential Information”). Affiliate agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of the Company, as appropriate to promote the Company’s membership or services in accordance with this Agreement. Affiliate shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Affiliate will use reasonable care in handling the Company’s Confidential Information so that it does not enter the public domain. Affiliate will return all Confidential Information to the Company upon termination of this Agreement. Any disclosure in violation of this Agreement is grounds for legal action, equitable relief, and termination of this Agreement.
Affiliate may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Freelancer; (ii) Client grants permission for such disclosure in writing; or (iii) disclosure is required by any court or government agency. Affiliate agrees that in the event disclosure is required by law, Affiliate will provide only such information as necessary to satisfy such requirement.
“Confidential Information” of the Company includes but is not limited to some or all of the following, whether in documentary, electronic or any other form: customer lists; prospective client lists; email lists or size of email lists; sales leads; course curricula; presentation materials; content, ideas, stories, or other promotional materials; Company’s business methods and competitive strategies; information concerning the preferences, requirements, transactions, creditworthiness and characteristics of Company’s customers; pricing lists, policies and practices; sources of supply; negotiating strategies; computer software; technical information; sales techniques; financial information; financial reports; data; books and reports; specifications; strategic and technical data; marketing data; market research data; product research and development data; trade secrets; information concerning the Company’s business or promotional plans or processes; other information concerning the Company’s finances, technology and operations; and any other information about or generated by the Company that is proprietary to the Company or which could, if disclosed, be useful to any competitors of the Company.
Affiliate is at all times an independent contractor. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between the Company and Affiliate by virtue of this Agreement. Affiliate has no right to act on behalf of or bind the Company in any way, nor share in the profits or losses of the Company. The only compensation available to Affiliate is set forth in this Agreement. Affiliate is solely and exclusively responsible and liable for all of Affiliate’s acts or omissions.
ACCEPTABLE AND UNACCEPTABLE MARKETING PRACTICES
Affiliate shall not promote Company’s membership: (1) in conjunction with any any illegal activity, (2) on any illegal website, (3) in a manner that a reasonable person would consider threatening, harmful, defamatory, obscene, sexually explicit, harassing, or promoting violence; (4) in a manner that promotes discrimination, (5) in any manner the Company expressly deems as objectionable, or (6) in a manner that infringes upon the intellectual property or related rights held by any third party.
Affiliate shall not make any claims, guarantees, representations, or warranties about the Company’s membership that are inconsistent with or beyond the scope of any claims made by the Company in publicly available marketing materials.
Affiliate shall comply with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws.
Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to potential customers in return for their response to an advertisement. Affiliate may, however, offer potential customers information and materials of tangible value such as Affiliate’s own membership or services for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the potential customer. The Company retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws and the requirements of this Agreement.
Affiliate shall not comment negatively about or disparage the membership or services of the Company or any other person or entity, including without limitation the membership or services of a competitor of the Company. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of the Company, any brand name of the Company, or based on the trademarks or brand name of any competitor of the Company, or any other third party.
TERM AND TERMINATION
The term of this Agreement will begin upon Affiliate’s submission of an Application to join the Affiliate Program and continue until terminated by either party.
The Company may terminate this Agreement in full or in part at any time and for any reason it deems appropriate with or without prior notice to Affiliate. Affiliate may terminate this Agreement at any time by notifying the Company in writing.
Upon termination of this Agreement, the Company will disable any tracking URLs, links, cookies, pixels, and similar mechanisms for use with the Affiliate Program, and Affiliate will no longer have access to the Company’s affiliate portal.
Upon termination of this Agreement, Affiliate shall immediately cease all use of the Promotional Materials and all of the Company’s intellectual property; delete all copies of such materials in Affiliate’s possession; and cease representing Affiliate as a participant in the Affiliate Program.
Affiliate shall be entitled to all validly accrued Commissions earned prior to the termination of this Agreement.
Andy and all provisions governing the following will survive termination of this Agreement: indemnification, Affiliate’s representations and warranties, limitations of liability, disclaimers of warranties, governing law, jurisdiction and dispute resolution, confidentiality, and ownership of intellectual property.
The Affiliate Program, any Promotional Material, and the membership and services provided on connection therewith, are provided to Affiliate “as is.”
Except as expressly set forth in this Agreement, the Company expressly disclaims to the maximum extent allowed by law, all warranties, express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing, usage, or trade.
The Company does not warrant that the Affiliate Program or Promotional Materials will meet Affiliate’s specific requirements or that the materials are error free or uninterrupted.
The Company expressly disclaims any liability for any act or omission of any third party provider not under the control of the Company, and their membership and services.
Affiliate expressly agrees and understands that the Company has not made any guarantee that Affiliate will earn any specific amount of commissions and attests that no such representations or claims have been made.
LIMITATION OF LIABILITY
Affiliate agrees that Company shall not be liable for any loss or damage that Affiliate or any other person or entity associated with Affiliate may suffer or incur as a result of participation in the Affiliate Program and/or any information or resources contained in or provided in conjunction with the Affiliate Program. Affiliate agrees that Company shall not be liable to Affiliate for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages arising out of Affiliate’s participation in the Affiliate Program.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS AND/OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES, FEES, LOSSES OR CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, CLIENTS, ANTICIPATED INCOME, GOODWILL, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AFFILIATE PROGRAM, WITH THE DELAY OR INABILITY TO USE THE AFFILIATE PROGRAM OR RELATED SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, MEMBERSHIP, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE AFFILIATE PROGRAM, OR OTHERWISE ARISING OUT OF THE USE OF THE AFFILIATE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Affiliate acknowledges that if Affiliate is dissatisfied with the Affiliate Program or any portion of it, Affiliate’s sole and exclusive remedy is to terminate participation in the Affiliate Program.
AFFILIATE AGREES THAT COMPANY’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO AFFILIATE OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE COMMISSIONS PAID TO AFFILIATE DURING THE ONE MONTH PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY.
Affiliate agrees to defend, indemnify and hold the Company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, relating to or arising out of: (a) Affiliate’s breach of any provision of this Agreement, including the representations and warranties, (b) any misuse, fraud, or deceptive conduct by Affiliate or any of its agents in connection with the Affiliate Program, (c) any claims related to any promotional media created by Affiliate (excluding claims related to any Promotional Material provided by the Company), and (d) Affiliate’s failure to maintain the confidentiality and/or security of Affiliate’s password or access rights to the Affiliate Program or affiliate portal. Affiliate agrees to provide the Company with such assistance, without charge, as the Company may request in connection with any such defense, including, without limitation, providing the Company with such information, documents, records, and reasonable access to Affiliate, as the Company may deem necessary. Affiliate shall not settle any third-party claim or waive any defense without the Company’s prior written consent.
The Company may modify this Agreement at any time by notifying Affiliate of the proposed changes by email at Affiliate’s email address provided to Company and/or by posting the modified Agreement prominently within the affiliate portal. Any such changes will not alter the Company’s obligation to Affiliate with respect to any previously-earned commissions. Any such changes shall become effective immediately upon notification.
If the proposed modifications are unacceptable to Affiliate, Affiliate must terminate this Agreement as provided above. Continued participation in the Affiliate Program will constitute Affiliate’s acceptance of and Agreement to the modification.
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of this Agreement is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
GOVERNING LAW; JURISDICTION; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Georgia, USA, and the courts of Georgia, USA, shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. Affiliate agrees that any proceeding relating this Agreement or Affiliate’s participation in the Affiliate Program must be filed exclusively in the appropriate courts located in Georgia, USA, and Affiliate submits to the jurisdiction of those courts and waives any objection based on an inconvenient forum or other reasons.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
The Company shall not be liable, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
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