10 Minute Funnels Terms of Service
TERMS OF SERVICE
By signing up for the Ambid Technologies service (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools, which are added to the current, Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time. Ambid Technologies reserves the right to update and change the Terms of Service by posting updates and changes to the Ambid Technologies website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
PLEASE NOTE: Everyday language summaries of each section are provided for your benefit the top right of each section; these summaries are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Ambid Technologies or any Ambid Technologies services, you are agreeing to these terms. Be sure to occasionally check back for updates.
Section 1
ABUSE REPORTING
Our users agree to not send spam and to adhere to all of the terms of service listed on this page. If you believe any of our customers are in violation of the terms of service, please contact us via email, mail, or phone:
E: support@10minutefunnels.com
M: 409 Apollo Beach Blvd.
Apollo Beach, FL 33572 (844) 594-3390
P: (813) 644-9554
If you believe any of our customers are in trademark violation, please contact us at support@10minutefunnels.com
If you believe any of our customers are violating your copyright or if you have received a copyright takedown notice from us, contact us at support@10minutefunnels.com.
In summary this section means:
• Our users have agreed to follow our rules. If you think someone is breaking the rules, please tell us.
Section 2
AFFILIATE AGREEMENT
Each participant in the affiliate program (“affiliate,” “you,” or similar terms) offered by Ambid Technologies (the “Program Operator”) at www1.10minutefunnels.com (the “website”) expressly agrees to this affiliate agreement.
NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.
This agreement incorporates the Program Operator’s Terms of Service (posted on this website) herein as if it were set forth in full. Throughout this agreement, “affiliate program” refers to the affiliate program operated by the Program Operator in part for the website.
AFFILIATES
Each affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship.
COMMISSIONS & REFERRAL FEES
Before any affiliate will be paid a commission, the affiliate must submit to the Program Operator a properly completed W-8 or W-9 within 120 days of earning a commission or referral fee. You will not receive any payment of commission/referral fees until such time as you submit the required documentation to the Program Operator. You waive, and agree that you shall not be paid for, any commission or referral fee that is earned more than 120 days before the Program Operator receives your properly completed W-8 or W-9 and any other required documentation.
Commissions on products and services are paid at the most-current rates as indicated on the website, as updated from time to time.
INCOME TAX LIABILITIES
Each affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes, fees, and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. It is the affiliate’s sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these sums under the any applicable tax code and other applicable laws.
EMBARGOED NATIONS & SPECIALLY DESIGNATED NATIONALS
The United States controls the export of products and information. Each affiliate agrees to comply with such restrictions and to not export or re-export the materials (including software) to countries or persons prohibited under the export control laws. By becoming an affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials (including software).
Each affiliate is responsible for compliance with all applicable U.S. laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an affiliate, you warrant that you are not a citizen or resident of a country designated as having Embargoed Nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.
In compliance with the United States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by either the Program Operator.
COMMISSION SCHEDULE
Commissions are paid the first week of each calendar month for sales made during the previous calendar month. Subsequent commission payments will continue to be paid out on the first week of each calendar month.
There is a minimum commission amount of $100.00. This is the minimum amount that you must earn before you will be paid commissions. In any commission period, your commission must exceed this amount before you will receive any sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount.
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 transaction incurs a charge-back or refund, or if an online transaction is not completed in every way, or if we have reason to believe a transaction is fraudulent or violates any of the terms of this Agreement in our reasonable discretion, no commission shall be paid to the affiliate for such transaction. If a commission has already been paid, then it will be deducted from an active affiliate’s future commissions.
All commissions are paid in US Dollars by PayPal or check, as selected by Program Operator.
Each affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees. The Program Operator assumes no responsibility for an affiliate not electing a payment processor.
MIXING OF PRODUCTS
As an affiliate of the Program Operator, your website on which you advertise any products or services of the Program Operator may only include products that do not target persons 13 years of age or younger. Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the Program Operator, the website, or your affiliate Link. On any website or communication in which you include any reference whatsoever to the Program Operator, its website, products, or services, you may NOT include any reference whatsoever to any form of “Adult” content. Any violation of these requirements will result in immediate termination of your affiliate status and you shall forfeit any unpaid commissions/referral fees. In the event that any violation of these requirements results in the suspension or termination of any payment processor for or by the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as any consequential or actual damages that the Program Operator may incur.
PAYMENT PROCESSOR FEES
All commissions are calculated based on the gross transaction, including all sales, refunds and charge-backs. “Gross transaction” means that processor fees are not deducted from the base amount when calculating commissions.
SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)
The Program Operator does not tolerate the sending of unsolicited email (UCE or SPAM), including any unsolicited emails, which promote, or make reference to the Program Operator, or any of their associated companies or websites, vendors, or employees, the websites, products or services. The provisions of the Terms of Service pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate who, in the opinion of the Program Operator, breaches this rule will have their affiliate status canceled and any outstanding commissions will be forfeited, in addition to any other remedies to which Program Operator may be entitled.
UNPROFESSIONAL CONDUCT
The Program Operator and their associated companies operate with the strictest codes of professional conduct. Any affiliate who brings the Program Operator or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their affiliate status canceled and any outstanding commissions will be forfeited.
The Program Operator reserves the right to reject any affiliate application if, in the Program Operator’s opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the Program Operator prefers not to be associated with.
Affiliates are prohibited from taking any action that could be consider impersonating the Program Operator or violating the Program Operator’s intellectual property rights in order to earn commissions or referral fees. This explicitly includes, but in no way is limited to, purchasing keyword advertisements and impersonating the Program Operator in such advertisement.
LINKS, TRADEMARKS AND LOGOS
Program Operator grants you a revocable, limited, non-exclusive, royalty-free license for the duration of this agreement, solely for purposes of facilitating referrals to Program Operator’s website, products and services, to post certain trademarks, logos, URLs, and other materials or intellectual property that Program Operator may provide to you from time to time (“Program Operator IP”).
Program Operator reserves all rights in or to the Program Operator IP that may be used by affiliate. You acknowledge that the Program Operator IP, as well as all contents of the website, are the sole property of Program Operator or its third party licensors. Other than the foregoing license, nothing herein shall be construed to grant you any right, title or interest in or to the Program Operator IP. You agree that you will not, and will not permit others to, take any action inconsistent with such ownership rights in the Program Operator IP. Without limiting the foregoing, the Program Operator trademarks and service marks may not be used to register Internet domain names for any purpose. Affiliate may in no way use or display a Program Operator logo, image, or trademark which may be distasteful, defamatory, misleading or misrepresentative.
ADDITIONAL AFFILIATE RESPONSIBILITIES
Affiliate is be solely responsible for the development, operation, and maintenance of affiliate’s site and for all of affiliate’s content, information, advertisements, promotions and other items, whether appearing on affiliate’s site, a third party’s site, in social media sites or other communications (hereinafter, affiliate’s “Materials”).
For example, you will be solely responsible for:
• the technical operation of your site and all related equipment
• creating and posting product or service descriptions and linking those descriptions to the system
• the accuracy and appropriateness of Materials that you create or post
• ensuring that your Materials do not violate or infringe upon the rights of Program Operator or any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
• ensuring that your Materials are not libelous or otherwise illegal
• ensuring that your Materials are not obscene, pornographic, vulgar, offensive, discriminatory, or profane
• ensuring that your Materials comply with all applicable laws and regulations, including but not limited to laws regarding advertising
• ensuring that any information and data collected by you or by third parties on your behalf is collected and used in compliance with applicable privacy law
• ensuring that you accurately and adequately (compliant with all applicable laws and regulations) disclose, through a privacy policy, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers
• ensuring that you do not engage in any false or deceptive trade practices, including any statements about the system or our affiliate program that is false or misleading
We disclaim all liability for the above matters, including all liability related to your site and your Materials. Further, affiliate will defend, indemnify and hold Program Operator (including all our directors, officers, employees, affiliates, and related entities) harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) arising from or related to the development, operation, maintenance, and contents of your site, your Materials, your negligent or willful acts, or your breach of this Agreement.
AFFILIATE SALES & TRACKING
After signing up for the affiliate program, you will receive a unique affiliate URL which you will use to advertise the website. When someone clicks through this URL, a cookie (or similar tracking technology) will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is made or refunded the commission will be given based on the existence of the cookie. We may collect, use and share any information or data generated through the system for our business purposes.
In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL. Masking or cloaking of the links (whether done by software or by a script and sometimes referred to as “affiliate link cloaking”) may or may not work with parts of the website.
The Program Operator allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed. We may also withhold payment if, in our reasonable discretion, we have reason to believe that acts or omissions by you related to our Affiliate Program are fraudulent, illegal, or otherwise improper.
To receive payment, you must also provide us with a properly completed W-8 or W-9 form; Program Operator will not make any payments or release funds without such form properly completed and on file, as further set forth in the Commissions & Referral Fees section above.
TERM & TERMINATION
This agreement will begin upon your sign-up with the affiliate program and will end when either you or the Program Operator terminates your affiliate status, or if your account is inactive in any continuous twelve-month period.
An affiliate may terminate this agreement at any time, and for any reason, by writing to – or emailing – the Program Operator at the email address listed on the website. The affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.
The Program Operator may also terminate this agreement at any time, and for any reason, by writing to affiliate at the email address listed in the affiliate’s Profile, with 30 days notice. The Program Operator may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to affiliate. However, if this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement shall terminate immediately and affiliate shall forfeit all right to any commissions earned but not yet paid. All terms, which by their nature at intended to survive termination, shall survive.
RIGHTS TO MODIFY AGREEMENT
The Program Operator, and its associated companies may modify any of this agreement and/or the Terms of Service (including the affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement in the affiliate portal. These changes will come into force immediately upon posting. The affiliate’s continued participation in the affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the affiliate of the change.
If any modification to this agreement is not acceptable to the affiliate, the affiliate’s only recourse is to terminate this agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its Materials, and refrain from publishing in any manner whatsoever.
NO MISUSE
It is understood that any individual that uses the Program Operator system (including in all cases related technology, emails, and other communications) shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal, misleading or politically disruptive material, the definition of which shall be at the sole discretion of the Program Operator. It is also understood that affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and any sums paid and any sums payable as and for commissions will be withheld, in addition to any other remedies to which Program Operator may be entitled. All affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Program Operator, or its associates due to such action.
AS-IS ONLY
There is no warranty or guarantee of any kind with respect to the Program Operator system as far as reliability, stability, quality or dependability. This means that the Program Operator, or its associates are not responsible for any loss or damage incurred directly or indirectly due to the use of the Program Operator website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences. PROGRAM OPERATOR PROVIDES THE SYSTEM, AFFILIATE PROGRAM, AND ALL WEBSITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY.
PROGRAM OPERATOR HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE MAY MODIFY OR DISCONTINUE, IN WHOLE OR IN PART, ANY PART OF THE SYSTEM AT ANY TIME, WITH OR WITHOUT NOTICE.
ELECTRONIC COMMUNICATIONS & EMAIL
The Program Operator requires your primary email address be listed in your affiliate Profile. Affiliates will not be able to use the website or participate in the affiliate program until their email addresses are verified. Those who fail to verify their email address or use an email address that generates an error response consistently (e.g., “User is over quota” or “Mailbox full”) will forfeit any commissions due and this contract will be terminated immediately. You may not use an email address with an auto responder as your Program Operator email address. When you visit the Program Operator’s websites or send emails to the Program Operator, you are communicating electronically. You consent to receive communications from the Program Operator electronically. The Program Operator will communicate with you by email or by posting notices in the affiliate portal. You agree that all agreements, notices, disclosures and other communications that the Program Operator provides to you electronically satisfy any legal requirement that such communications be in writing. If you are an affiliate, you understand that you may NOT opt out of any emails that you receive from the Program Operator. As an affiliate, you must continually have a valid email account on file with the Program Operator or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.
UNAUTHORIZED CHARGING OR RECEIPT OF PAYMENTS THROUGH THE WEBSITE
No affiliate, or other person or entity may use the website, or the Program Operator payment processing system, for private transactions. Any revenue collected through the website or through the Program Operator payment processing system may become the sole property of the Program Operator. Specifically, affiliates may not link to the website for processing of products or services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may not link to the website for processing of any products beyond what the Program Operator has identified as salable products for the website and specific affiliate sales. Should any affiliate of the Program Operator or other person or entity construct links that process orders through the Program Operator payment processing system, the act will be considered an attack of computing resources with intent to damage the website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.
AFFILIATE IDENTIFICATION NUMBERS
You will be provided an affiliate identification number. Your affiliate ID number may be numeric and/or CaSe sEnSitIvE. For example, the code ‘learn_more’ is different from ‘Learn_More’. You are responsible for maintaining the secrecy and security of your affiliate ID number and password. You agree to hold the Program Operator harmless in the event that you share any such information with any other person or entity whatsoever.
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