Ad Showcase
PO 1432
Hendersonville, N.C.
28793
Your completion
and submission of your online enrollment indicates your agreement to the
following Terms and Conditions as condition of being an affiliate,
reseller, Pro member and/or a Free member of Ad Showcase Network. The
company will be herein called and referred to as Ad Showcase Network.
WE MAKE NO GUARANTEE OF INCOME
As an Affiliate/Reseller you agree and verify that Ad Showcase Network,
nor any of its affiliates have guaranteed or implied any income,
whatsoever. Such income as may be received by you as an
Affiliate/Reseller will be solely based upon the sale of Pro Memberships
and services as described in the main website www.ad-showcase.com.
You also do hereby agree that you will make no claims of income, or
guarantee of income, either directly or indirectly, but will allow the
Ad Showcase Network description of the "compensation plan" to suffice in
all descriptions and explanations of potential income to prospective
Affiliates/Resellers.
Affiliate/Reseller as INDEPENDENT CONTRACTOR
You agree that, as an Affiliate or Reseller, you are operating as an
independent contractor and are not subject to withholding, nor entitled
to any other benefits, entitlements, or accommodations other than those
legally provided for in the "compensation plan".
All liabilities for taxes, record keeping, reporting of state, national,
or local taxes and/or license(s) will be the sole responsibility of you,
the Affiliate/Reseller.
NO SPAMMING POLICY
Due to the nature of the Internet and Email Marketing we must strictly
enforce that there is to be NO SPAMMING. Spamming is defined as sending
any unsolicited commercial email. This includes, but is not limited to,
misuse of leads from the site. Read our Spam
Policy for complete information regarding our policy on Spam.
Anyone found to be spamming will have their account immediately
terminated, without refund, and without recourse.
No Direct SMTP mailers are
allowed. An example of this is DarkMailer. Any mail should be relayed
through the local MTA (localhost:25) for further delivery by the server
and not done directly by scripts.
NO ADULT, ILLEGAL CONTENT
All services provided by Ad Showcase Network may be used for lawful
purposes only. Transmission or storage of any information, data or
material in violation of any United States Federal, State or City law is
prohibited. This includes, but is not limited to any: copyrighted
material, material legally judged to be threatening or obscene, or
material protected by trade secret and other statute. As a member of Ad
Showcase Network, you agree to indemnify and hold harmless Ad Showcase
Network, or On-Line Marketing Services, from any claims resulting from
the use of the service which damages the member or any other parties.
Pornography and sex-related merchandising are strictly prohibited on any
Ad Showcase Network server. Be it known that Ad Showcase Network will be
the sole arbiter as to what constitutes a violation of this provision
and will have the legal right to assess a $150.00 per hour charge (with
a one hour minimum) for the location and removal of such material or
information. Such charges will be applied to the Affiliate payment
information account on file possibly affecting commissions and member
status.
CANCELLATION OF MEMBER ACCOUNTS
Any member of Ad Showcase Network may cancel his or her account, at any
time, by clicking on the cancel button in their members area and
following through with the cancellation process.
Ad Showcase
Network will have no less than 10 days to fulfill such request and such
request shall be deemed to be received and fulfilled upon receipt of
confirmation email from Ad Showcase Network.
Upon termination of a member's account, whether by Affiliate/Reseller or
Ad Showcase Network, all downline information, payment information,
etc... will be removed from the system. Any pending commissions will be
retained by Ad Showcase Network.
In the event that a cancellation request is received and/or fulfilled
after the monthly debit has been initiated, Ad Showcase Network will not
be able to issue a refund. Cancellation requests should be sent in well
in advance of the next scheduled debit date.
Member accounts
may also be cancelled due to abuse, including but not limited to abuse
of admin via email, abuse of admin/support via the Ticket system, misuse
of the daily leads, misuse of the Ad Showcase Network site, hacking or
cracking any pages, folder or software within any Ad Showcase owned and
operated sites, and using spam filters or blocking software on the
designated Ad Showcase Network contact email address.
Pro members who
have their accounts terminated will not receive a refund or any further
recourse. All outstanding commissions payments will be forfeit to Ad
Showcase Network.
All members are
expected to know and adhere to the TOS of Ad Showcase Network and will
receive no warnings for such violations prior to cancellation and
forfeit of monthly fees or outstanding commissions.
All Members who
are terminated or request cancellation are responsible to ensure their
monthly subscriptions are cancelled. Ad Showcase Network is hereby
absolved of any unintentional payments sent just prior to of after
account cancellation. No refunds will be granted.
HOW MEMBER ACCOUNTS ARE CHARGED
Ad Showcase Network charges a current monthly fee of $9.95. Ad Showcase
Network currently bills through multiple payment processors.
We do NOT deduct
the monthly fee from member Affiliate/Reseller balances - members are
solely responsible to ensure their accounts are kept paid on time, every
time.
We reserve the right to change, alter, or discontinue our payment system
at any time without notice. We reserve the right to change our fees, and
commission structure at any time without notice. if such fee changes are
instituted, current members will be "grandfathered in" and will be asked
to pay no more than their CURRENT fees for the CURRENT account.
NON-PAYMENT
OF MONTHLY PRO ACCOUNT FEES
Any Pro level
member who allows his or her monthly fee to lapse for any reason will
see their accounts DELETED, losing all benefits of Pro membership and
all currently unpaid Affiliate/Referral commissions will be considered
forfeit to Ad Showcase Network. Ad Showcase Network does NOT deduct
monthly access fees from outstanding Affiliate/Reseller balances.
HOW WE PAY COMMISSIONS
Commissions are calculated at the end of each MONTH and paid on the 15th
of the next month. There is a minimum of $2.00 (US Funds) processing fee
assessed at the time of payment, regardless of the amount owed to an
Affiliate/Reseller. Affiliate payments must be at or above a level of
$50 (US Funds) before commissions are paid. All commissions LESS than
$50 (US) will be held over until such a time the commissions reach the
aforementioned level.
In the event that an Affiliate's membership is terminated by either the
company or the Affiliate, Affiliate will forfeit any claim to any
commissions owed at the time of cancellation.
If an Affiliates/Reseller's account is inactive for any reason when
commissions are calculated, any claim to commissions for that month are
forfeit.
NOTIFICATIONS and COMMUNICATIONS (Notices)
Affiliates/Reseller agrees to accept all communication from Ad Showcase
Network in the form of email communication, at the email address listed
in Affiliate/Reseller's member profile. Such communication shall
include, but not be limited to billing statements, commission reports,
collections, sales offers, record keeping, etc...
Any member or
Affiliate/Reseller found to be using Spam Block Services on the accounts
they used to sign up will have their accounts immediately terminated
without refund or recourse. Any outstanding commissions at that time
will be considered forfeit to Ad Showcase Network.
All email correspondence should be sent to support@ad-showcase.com.
All postal correspondence should be directed to:
Ad Showcase Network
PO Box 1432
Hendersonville NC
28793
NO WARRANTY STATEMENT
Ad Showcase Network makes no warranties of any kind, whether expressed
or implied, for the service it is providing. Ad Showcase Network also
disclaims any warranty of merchantability or fitness for a particular
purpose. Ad Showcase Network will not be responsible for any damage
suffered. This includes loss of data resulting from delays,
non-deliveries, or service interruptions caused by Ad Showcase Network
negligence or the member's errors or omissions. Use of any information
obtained via Ad Showcase Network is at your own risk. Ad Showcase
Network specifically denies any responsibility for the accuracy or
quality of information obtained through its services.
LIMITS of LIABILITY
ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR
BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON
BEHALF OF THE MEMBER TO AD SHOWCASE NETWORK FOR THE CURRENT MONTH ONLY.
Should any provision of this agreement be held to be illegal, invalid,
or unenforceable by a court law, the legality, validity and
enforceability of the remaining provisions of this agreement shall
remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the State of North
Carolina and the United States of America.
These Terms and Conditions, last modified on Feb 1st, 2009, supersede
all previous representations, understandings or agreements and shall
prevail notwithstanding any variance with terms and conditions of any
order submitted. Use of Ad Showcase Network member services constitutes
acceptance of these Terms and Conditions.
Completion and submission of your online or offline enrollment indicates
your agreement to the above Terms and Conditions and full understanding
of the legal disclaimers.
If you have any questions or concerns
regarding any of these policies please don't hesitate to contact us.