This agreement describes the entire terms and conditions for participation in the MBP RAD Member Program (hereinafter "RAD") which is owned and operated by MBP (hereinafter "MBP") or "we" or "us." In this agreement, the term "Participant" refers to "you" or "Applicant," and "Referring Member" refers to the RAD Member who referred you to us.
Esteemed Admired Respected Cardcarrying Listbuilding Consultant (hereinafter "EARCLIC") refers to RAD Members who are qualified to receive the benefits and services currently described on MBP's web site and who are qualified to receive an affiliate commission according to the current MBP Affiliate Commission Policy on sales of RAD to RAD Members they refer to MBP. No multi-level commissions will be paid to EARCLICs.
Most Exalted Enlightened Respected Commended Authorized Listkicking Cohort (hereinafter "MEERICAL") refers to RAD Members who are qualified to receive the benefits and services currently described on MBP's web site. MERRICALs are also qualified to receive an affiliate commission according to the current MBP Affiliate Commission Policy on sales of RAD to RAD members they refer to MBP. In addition. MEERICALs are authorized to sponsor new MEERICALs and participate in the Bootstrapper Forced Matrix Compensation Plan.
You become a Participant of RAD when you've agreed to the terms of this Agreement and we receive and accept your application and activate your RAD services. We reserve the right to decline any Participant for any reason.
Each Participant must provide us with a unique email address. If email from a Participant is returned to MBP as "undeliverable," MBP may suspend or cancel the membership for that member at its sole discretion. It is the Participant's responsibility to maintain a working email address.
Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become a Participant when the application and agreement is accompanied by a federal ID number and the name of one individual person to contact. Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable, of such an entity must agree to be, and MBP will hold each, personally liable and bound by the terms of this agreement.
No individual may hold more than one Membership at any membership level in RAD.
MBP is the sole and exclusive owner of all rights, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the ("Product"). Product refers to the singular as well as the plural.
Participants are granted limited permission to use certain materials including web pages, email content and other materials provided by MBP. Participants are only permitted to use the RAD eCourse plus additional email messages that are installed in the autoresponder provided by MBP. Participants are only permitted to use the web page content with the replicated web site provided by MBP. Participants are not permitted to copy or to change any of MBP's materials or products without specific written permission and instruction by MBP. Participants are not permitted to use any of MBP's materials, content or products with any other processing facilities (including, but not limited to, other domains, other autoresponders, other web pages or other hosting services) without specific permission and instruction by MBP.
In summary, no participant is allowed to make any change whatsoever to any MBP Product unless specifically instructed to do so (for example, adding contact information and advertising information to the RADletter Template). If a Participant violates this provision, MBP may suspend or cancel the membership for that Participant at its sole discretion.
RAD Member Sales Commissions:
If, as a result of a direct advertising effort of the RAD Member, a referred customer of the RAD Member orders and pays for the Product or other goods or services sold by MBP in the future, MBP shall pay the RAD Member a sales commission determined in accordance with the RAD Affiliate Compensation Plan or the RAD Bootstrapper Matrix Plan, as appropriate. These plans are published on the MBP web site
and they form an integral part of this Agreement. The commission is based upon the paid selling price of the purchased goods or services before tax and excluding returns ("Sales Commission").
The purchase price of qualifying sales will count toward the total sales during the calendar month in which such sales are made. Only qualifying sales of the Product, to a customer and for which MBP has received full payment will qualify for the specified referral fee.
The total of such sales in any given month will generate commissions,
which will be paid based upon the following schedule:
MBP sends out Commission checks according to the then-current RAD Affiliate Commission Plan and/or RAD Bootstrapper Matrix Plan,
bi-monthly on the tenth of the month after the end of the commission
periods ending on February 28 (29), April 30, June 30, August 31,
October 31 and December 31, on all sales made between the first and last day of the previous
two months.
Amounts less than $15.00 will be held until the next commission period in which the cumulative referral fee due exceeds
$15.00, or until this agreement is canceled.
If a refund is requested by a customer on a qualifying sale, its referral fee will be deducted from the next
payment sent to the Participant. If there is no next commission payment
due, the Participant will be billed.
Delivery and Order Processing:
MBP will be solely responsible for processing every order placed by a customer following a special link from the Referring Member. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of MBP.
All of the rules, operating procedures and policies of MBP regarding customer orders and accounts will apply to orders we receive through special links on your InternetRAD web site. MBP reserves the right to reject any order or deny membership to anyone at its sole discretion.
Compliance with Laws:
You are solely responsible for ensuring that you comply with all federal, state and local statues, regulations and ordinances, including copyright laws, in the operation of your business and shall hold MBP harmless for any violations thereof.
Customers of MBP:
Every customer who purchases a product is deemed to be a customer of MBP. MBP is not responsible for any representations made by the Participant which contradict our policies.
Pricing and Availability:
All prices shall be established by MBP. In case of any price discrepancies, the price charged to the customer will always be the price listed on the MBP' web page.
Operation of Web site and Processing:
MBP will make all reasonable efforts to keep its web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. MBP shall not be liable for any of the consequences of service interruptions, which may occur.
Modification and Cancellation:
MBP reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting said new terms on this web site. Said modifications shall be deemed accepted by Participant.
Independent Contractors:
Participants of RAD are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
Term and Termination:
The term of this Agreement will begin when you accept and will end when terminated by either party. Either MBP or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from RAD Member's Web Site, all links to the MBP Site, and all MBP trademarks and logos, other MBP Marks and all other materials provided in connection with this Agreement.
We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:
Promote sexually explicit materials;
Promote violence;
Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age;
Promote illegal activities; or
Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
Compliance with Applicable Laws
You are solely responsible for the accuracy and appropriateness of all materials posted on any site you link to the Internet RAD Web Site, and for ensuring that your activities and materials posted on any site you link to the Internet RAD Member's Web Site are not defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold MBP harmless for any violations of the foregoing. MBP disclaims all liability for these matters.
Limitations of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, MBP WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF MBP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MBP'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
Disclaimers
We make no express or implied warranties or representations with respect to RAD or your potential to earn income from RAD. In addition, we make no representation that the operation of our site or the RAD Member Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Mediation & Arbitration
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Mesa County Colorado. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Mesa County Colorado, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation will be shared equally by each of us.
Miscellaneous
Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
Assignment. You may not assign your rights or obligations under this Agreement to any party.
Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado without regard to the conflicts of laws, rules and principles thereof.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Notices. Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.