Exhibit 10.13
Viewbar Agreement
(Revised December 1, 1999)
IMPORTANT Terms, Conditions and Privacy Policy
of the XxxXxxxxxxxx.xxx Viewbar Service
AGE RESTRICTION:
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If you are under 18 years old, you need to obtain your parent's consent before
downloading the Viewbar software or using the Viewbar Service. See our
Parental Consent Form for instructions.
IMPORTANT NOTICE: These terms may vary from the terms in place when you
initially expressed interest in the XxxXxxxxxxxx.xxx Service. These terms
supersede any prior advertisements, agreements or communications between You and
XxxXxxxxxxxx.xxx.
PLEASE READ THE ENTIRE AGREEMENT SET OUT IN THE PAGES BELOW BEFORE PROCEEDING.
Our Goal. XxxXxxxxxxxx.xxx is enabling its Members and businesses to interact in
more sophisticated and effective ways while maintaining its members' privacy
intact. To do so, XxxXxxxxxxxx.xxx is making available to consumers its
proprietary communications device, the Viewbar(TM) computer program.
XxxXxxxxxxxx.xxx wants to reward you, as consumer, for the time you spend
actively surfing the Internet and viewing advertisements. Due to the
evolutionary nature of this business approach, the rates and terms of the
compensation that XxxXxxxxxxxx.xxx will be able to pay to Members may vary over
time. Please read these terms and conditions and our Privacy Policy carefully.
You ("You" or "Member") must download and install the Viewbar(TM) software in
order to participate in the Viewbar(TM) Service ("the Service"). In order to
receive the Viewbar software ("Viewbar software" or "Software"), You must
complete the membership form and read and agree to the terms and conditions of
this agreement ("Agreement" or "Viewbar Agreement") by clicking "I Accept."
This is an Agreement between You and XxxXxxxxxxxx.xxx, Inc. and its subsidiaries
("AllAdvantage" or "we").
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If You do not agree to all the terms of this Agreement including our privacy
policy, AllAdvantage is unwilling to offer You the Service or a License to use
the Viewbar software. You should click on the "I Decline" button to stop the
software download process.
Index to This Agreement:
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A. Our Privacy Policy[link]
B. Updates to This Agreement [link]
C. Basic Requirements for Membership in the Viewbar Service[link]
D. Your Relationship with AllAdvantage [link]
E. Using the Viewbar Software [link]
F. The Referral Program (includes the SPAM policy) [link]
G. Payment Issues [link]
H. Your Relationship with Advertisers [link]
I. Software License [link]
J. Disclaimer of Warranties [link]
K. Limitation of Liability [link]
L. Force Majeure [link]
M. Governing Law and Other Terms [link]
N. Contacting Us [link]
A. Our Privacy Policy.
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The purpose of AllAdvantage is to take advantage of Internet technology to
enable businesses to interact with consumers in highly personalized ways without
forfeiting the privacy of the consumer. As such, privacy is at the core of
AllAdvantage. This statement outlines our privacy program and its terms are
incorporated into this Agreement. We welcome your input about our policy. Give
us your feedback at xxxxxxx@xxxxxxxxxxxx.xxx.
. About Us. All information collected as a result of your membership in
XxxXxxxxxxxx.xxx will be controlled by XxxXxxxxxxxx.xxx, Inc. AllAdvantage
may transfer or share your information within the AllAdvantage group of
international subsidiaries ("AllAdvantage Group") as part of a transfer of
your membership agreement. It will only do this to improve the
administration of the services. At all times the companies that make up the
AllAdvantage Group ("We") will follow this privacy policy.
. Disclosures of Your Information. We do not give, sell, rent, share, or
trade any identifiable personal information regarding our members to any
third party, with the exception of third-party contractors and service
providers who work with AllAdvantage to provide the Viewbar software, and
other services, and who are strictly prohibited from later use of the
information that they may have access to. AllAdvantage may share non-
personal aggregate, or summary, information regarding its members with
partners or other third parties. We can-and you authorize us to - disclose
personal information to local, state, or federal law enforcement officials
when required to do so by public authorities or when we believe in good
faith that the law requires it.
. Information We Collect as Part of General Membership.
Online Registration Form. In our online registration form, we require you
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to provide us with your full name, full street address, email address and a
password. In addition, we require your city of birth, birth date, and a
password question with its corresponding answer, so that we may identify
you if you ever lose your password. We will process this information to
determine your eligibility for certain services such as the Viewbar,
administer your membership, to provide the Viewbar Service and other
services to you and to provide you with the full benefits of membership as
detailed below.
Shopping and Promotions. We may ask you for personal information at other
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times, including, but not limited to, when you enter a sweepstakes, contest
or promotion sponsored by AllAdvantage and/or when you report a problem
with any of our services. Personal information gathered in this way will be
used solely for the transaction itself unless otherwise specifically
explained at the time the information is collected. Express consent to
other uses of this information will be sought that time. AllAdvantage may
retain and reference aggregate information about member preferences
gathered in these ways.
. Information We Collect as Part of the Viewbar Service.
Information Gathered in the Viewbar Service. While you are using the
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Viewbar software, we automatically track certain information about your
surfing behavior. This information includes the URL of the page you are
visiting, what browser you are using, and your IP address. YOU CAN CLOSE
THE VIEWBAR WINDOW AT ANY TIME TO STOP THIS TYPE OF INFORMATION GATHERING.
(To completely cancel your membership in AllAdvantage and to have your
personal data deleted from our systems, just notify us at
xxxxxxxxx@xxxxxxxxxxxx.xxx. You will then no longer be able to earn money
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as set out in this Agreement.)
Information required for Tax Purposes Related to the Viewbar Service. If
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You join the Viewbar Service and accrue US $250 in your account we may
contact you to request additional information including, for example, the
Social Security number of our U.S. Members or confirmation of country of
residence for non-US members. We will only use this additional information
for legitimate purposes related to complying with applicable tax laws. If
You are contacted and fail to provide us with the information we
legitimately require, we may refuse to pay You until we receive that
information.
Cookies Used in the Viewbar Service. The process we use to serve
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advertisements to the Viewbar window involves use of a "cookie." A cookie
is a piece of text that can be entered into the memory of your computer. It
helps AllAdvantage and our advertising service track the frequency and
placement of advertisements. Many Internet services deliver cookies to
visitors of their Web sites. Cookies store information about your use of
their service on your computer where it can only be retrieved by the same
service at a later time. Cookies are used by Internet services to make
their services much more convenient and personalized. The cookie(s) we use
will not store or identify you directly with personal information but they
do identify you with your membership ID and we reference cookies to
accurately store information relating to your membership and on-line
behavior.
. Our Viewbar software uses cookies to make sure you don't see the
same ad repeatedly. We also use cookies to deliver content
specific to your interests, and to save your password so you
don't have to re-enter it each time you connect to the Internet.
. Most cookies are "session cookies," meaning that they are
automatically deleted at the end of a session. You are always
free to decline our cookies, if your browser permits, or to ask
your browser to indicate when a cookie is being sent. You can
also delete cookie files from your computer at your discretion.
Note that if you decline our cookies or ask for notification each
time a cookie is being sent, your Viewbar window may not function
properly and we may have difficulty rendering service to you. If
you would like more information about cookies, you may wish to do
a search on Yahoo or visit xxxx://xxx.xxxxxxxxxxxxx.xxx.
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. We use an outside company to display ads in the Viewbar window.
These ads may place cookies on your computer. While we use
cookies in other parts of our Web site, cookies received with
banner ads are monitored by our ad-serving company, and we do not
have access to this information. However, we have contractual
arrangements that restrict our partners, including the ad-serving
company, from using these cookies for anything other than
fulfilling their service to AllAdvantage.
. Our Use of Your Information. In addition to uses of Your information
described above, AllAdvantage may use Your information in the
following ways:
Registration Information. We use your email address to verify your
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identity and protect against fraud and to contact you when you are eligible
to download the Viewbar software. In addition, we use it to send you
updates about your account, new products and services, and company updates.
If you participate in the Viewbar Service, we'll use the address
information to mail your check to you and to verify your location for tax
purposes. We use URL information we collect to help direct advertising to
you that is more likely to be of interest to you. We use your IP address to
help diagnose problems with our server and to administer our Web site. Your
IP address is also used to gather broad demographic information.
Information Gathered Through the Viewbar Service. We will process the
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information we gather while You use the Viewbar program to build a profile
of your interests and activities so that we can send you advertisements,
offers, benefits and content targeted at your specific interests, and to
provide you with the full benefits of membership. As we aggregate this type
of information about all of our members, we offer summaries to our
advertisers and other interested parties so that they can learn what
products and services are most popular to consumers, but we do not disclose
our members' names, addresses, email addresses, or other personally
identifiable information to these third parties.
International Transfers. AllAdvantage has centralized its records in the
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United States but may perform some of its data processing outside of the
United States. To do this, AllAdvantage may transfer your personal data
internationally to other countries. Some of the countries may have laws
that protect personal data, some may not. AllAdvantage will protect your
information no matter where we process or store your data by following this
privacy statement and by complying with the relevant data protection laws
in force in your country. We will also oblige our third party contractors
to comply with those laws. By becoming a Member you give your consent to
this transfer of your personal data.
Transfer of this Agreement. AllAdvantage may transfer or share your
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information within the AllAdvantage Group as part of a transfer of your
membership agreement. It will, for example, do this in order to improve the
administration of the AllAdvantage services. At all times the AllAdvantage
Group will follow this privacy policy and ensure the security and
confidentiality of personal data.
. External Links. The Viewbar window contains links to Web sites.
AllAdvantage is not responsible for the privacy practices or the content of
such Web sites.
. Security. This site has security measures in place to protect the loss,
misuse, and alteration of the information under our control. We use
industry standard procedures and processes to safeguard the confidentiality
of your identifiable personal information, such as firewalls, encryption,
token authentication, application proxies, monitoring technology, and
adaptive analysis of network traffic to track abuse of our network and its
data. Unfortunately, when
you submit information about yourself to AllAdvantage over the Internet the
information may travel over many systems that are not under the control of
AllAdvantage. The Internet is not 100% secure and others may intercept the
information that you are sending. One easy and important way to protect
your personal information is to guard your account password and close your
browser and Viewbar windows when you step away from your computer.
. Consent to Process Personal Data/Choice/Opt-In/Opt-Out. AllAdvantage
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members constantly have the option to enter and exit the AllAdvantage
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service at any time and for any length of time. While the Viewbar Service
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is active Members consent to it recording data which will be used by
AllAdvantage in accordance with this policy. Members who participate in the
Viewbar Service have the opportunity to opt-in to receive
promotional/marketing information via the Viewbar window from our partners
at any time, simply by opening the Viewbar window. To opt-out, members
simply close the Viewbar window. Members are always free to close their
account by sending an email to xxxxxxx@xxxxxxxxxxxx.xxx. In such a case,
your personal data will be destroyed. Furthermore, all members are provided
opportunities to opt-in to marketing and promotional programs provided by
our advertisers through our Web site.
. Updating or Deleting Your Information. To update your contact or address
information, please use the Account Update Form in the Account Center
[link]. To make other updates to Your account, to demand a copy of your
stored personal data, or to have your personal data deleted, contact our
support organization using the form at
xxxx://xxx.xxxxxxxxxxxx.xxx/xxxxxxxxxxx.xxx.
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. A Special Note About Children. AllAdvantage wants to help parents protect
the privacy of children and has taken steps to obtain parental permission
before children may begin the Viewbar Service. For more information, See
the Parental Consent page [link]. AllAdvantage does not consider our Web
Site or the Viewbar Service to be directed at children but some children
have signed up as Members. To remove your child from AllAdvantage
membership or the Viewbar Service, please contact us at
xxxxxxx@xxxxxxxxxxxx.xxx.
. Contacting the Web Site. If you have any questions about this privacy
policy, the practices of this site, or your dealings with this Web site,
you can contact xxxxxxx@xxxxxxxxxxxx.xxx.
B. Updates to This Agreement. AllAdvantage may revise these terms from time
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to time. We will bring to your attention your right to object to the revision.
We will notify you of each revision and you may object to the updated version
within a four-week period. If you do object, we are entitled to cancel your
membership upon six weeks notice. If you do not object, this will be considered
as consent. Your continued use of the benefits of membership after you receive
our note will signify your acceptance of the modified terms.
C. Basic Requirements for Membership. To maintain a Membership in the Viewbar
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Service, You must meet the following requirements and XxxXxxxxxxxx.xxx reserves
its legal rights to terminate the Membership of anyone who fails to meet these
requirements on an ongoing basis:
. If You are under 18 years of age, You must have the permission of Your
parent or legal guardian to participate in the Viewbar Service. See our
Parental Consent Page [link] to find out how your parent can provide
consent;
. Approved Territories. You must be physically located within an Approved
Territory while using the Viewbar Service, be a legal resident of an
Approved Territory, and have a mailing
address in an Approved Territory (P.O. Box addresses will not be accepted).
The Viewbar Service is currently available in the following countries and
provinces ("Approved Territories"):
. Australia;
. Canada;
. France;
. Germany;
. New Zealand, and
. United States of America
. One Account Per Member. You may only sign up once and maintain one
Membership in the Service. You may not have multiple Viewbar windows
displayed on one screen simultaneously. XxxXxxxxxxxx.xxx reserves the right
to terminate duplicate accounts, resulting in the potential loss of
accumulated credits;
. Provide Accurate Information. You must provide XxxXxxxxxxxx.xxx with valid
contact and residence information and promptly update such information
should it change or should additional information be required by
XxxXxxxxxxxx.xxx for legitimate tax-related purposes or any other reason
required by applicable law. You may not impersonate or misrepresent Your
identity. XxxXxxxxxxxx.xxx reserves its legal rights to terminate any
account, and associated membership, containing untruthful information;
. Accounts are Not Transferable. Your password and account are personal to
You and are not transferable; You may not allow anyone else to use Your
password or account; You may not use anyone else's password or account or
act to accrue earnings for anyone else's account; You are responsible for
keeping Your password secret; AllAdvantage is not liable for any loss or
damage caused by any disclosure of your password or account; You may only
create an account for yourself and may not establish account on behalf of
anyone else;
. Comply with Laws. You agree to comply with all of your local, state,
province, country or regional legal restrictions that may be applicable to
your membership in AllAdvantage;
. Cancel at Anytime. You may cancel Your Membership at anytime by ceasing to
use and destroying the copy of the Viewbar software and notifying
AllAdvantage at xxxxxxxxx@xxxxxxxxxxxx.xxx or using the "Cancel my
Membership" form xxxx://xxx.xxxxxxxxxxxx.xxx/xxxx.xxx on the
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XxxXxxxxxxxx.xxx website. If you decide to cancel Your membership and later
wish to re-enroll, You will be assigned a new account number, You may have
to wait for activation of the Viewbar Service all over again along with
other new members, and You will not receive further credit for referrals
made using Your previous account. Notwithstanding our right to terminate
this Agreement without any notice for good cause, we may at any time
terminate your membership by written six weeks prior notice;
. Termination of Accounts. To the full extent allowed by law, AllAdvantage at
its sole discretion and for any or no reason may refuse to accept
applications for membership and requests to use the Viewbar Service; and
may terminate any Members without prior notice for good cause, particularly
including, but not limited to: (a) serious violation of any provision of
this Agreement; (b) aiding in or promoting circumvention of the Viewbar
Service; and (c) acting against the business interests or reputation of
AllAdvantage despite a
warning letter; (d) otherwise acting in a severely or substantially
unlawful manner in relationship to AllAdvantage, the XxxXxxxxxxxx.xxx
website; the AllAdvantage Viewbar Service; or any content provider to the
website or Viewbar Service; (e) material breach of our spamming policy; or
(f) any other reason at the discretion of AllAdvantage. Notwithstanding our
right to terminate this Agreement for good cause without any prior notice,
we, at any time, may terminate your membership by written 6 weeks prior
notice.
. If your account is terminated by AllAdvantage, You may not re-enroll or
join under a new account unless formally invited to do so by AllAdvantage.
(See Payment Issues below for more information about termination of
accounts.)
. Lapsing of Account. If you do not surf with the Viewbar window active for
at least one hour within any 1-year period, your membership will
automatically lapse without notice and any accrued credits in your account
below the equivalent of U.S. $20 will be deemed "unearned" and will be
forfeited.
D. Your Relationship to XxxXxxxxxxxx.xxx. By filling out the "Join Now" form
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You are applying to receive a service. Your relationship to XxxXxxxxxxxx.xxx is
one of an independent contractor and/or customer. No employee-employer
relationship is created by Your use of the Service. ALLADVANTAGE HAS NO
OBLIGATION TO OFFER THE VIEWBAR SERVICE OR OTHER PROMOTIONS TO YOU.
E. Using the Viewbar Software. Instructions for downloading, installing and
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operating the Software program are included in the download file. Read the
instructions carefully. You are in sole control of whether the Viewbar software
is "Active" on your screen. You have no obligation to use the Viewbar software.
. Privacy. Please note that while you are using the Viewbar software certain
information will be recorded, such as which web sites you visit (See the
Privacy Policy section [link] for more details). By continuing to use the
Viewbar software in "active" mode you consent to this recording. You may
elect not to have the information recorded by simply closing the Viewbar
window.
. Compensation. Subject to the limitations and conditions of this Agreement,
You can earn money or other compensation for active surfing of the Internet
when the Viewbar window is "Up" on Your screen and not obstructed, meaning
that the entire Viewbar window is visible to You. Compensation will be
"credited" to Your account according to the following limitations:
Active Surfing Only. Only time You spend "Actively Surfing," as reasonably
--------------------
determined by AllAdvantage, will be credited to Your account. "Actively
Surfing" means that You are sitting in front of Your computer and browsing
the Internet (browsing remote web pages and content not stored on your
computer or local network) using one of the supported browsers as evidenced
by, for example, clicking on links, scrolling, typing or other mouse
movement in response to Internet web pages. Inactivity for three minutes or
more may temporarily stop any crediting of Your account until movement is
again detected by the Viewbar software. XxxXxxxxxxxx.xxx may amend this
definition at any time by putting notice on its website.
More on Active Surfing. In no event does Active Surfing include time
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spent in chat rooms, discussion groups, interactive gaming sites, world-
wide-web enabled email sites, or sites that do not obtain their content
through the World-Wide Web.
Incompatible Programs. The Viewbar software may be "incompatible" with
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other software programs, including but not limited to other advertising-
display programs. If the Viewbar software detects an incompatible program
running on Your computer, the Viewbar window may close automatically. If
this occurs, the crediting of Your account will cease until You activate
the Viewbar software again and the incompatible program is no longer
running. XxxXxxxxxxxx.xxx is not liable for the effects of any such
incompatibility.
No Tampering. You promise neither to simulate, to "fake", or to falsify
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Active surfing in order to earn money or other compensation from
AllAdvantage, nor to interfere with the visual display of advertising or
with the Viewbar window or with the Service's tracking of your Active
Surfing behavior, nor to assist others in doing any of the above.
Simulating, faking, or falsifying Active Surfing includes, but is not
limited to, creation of, distribution of or use of software or other
devices that simulate Active Surfing. You also promise and agree not to
tamper in any way with the proper functioning or tracking of the Service.
You agree that AllAdvantage may, and You understand that AllAdvantage will
terminate your account, or take legal action against you, if you engage in
any such simulating, faking, falsifying, or tampering. AllAdvantage may
also publicly display your name and a description of your actions if you
engage in such activity. You agree that by accepting compensation from
AllAdvantage for Active Surfing you are representing to AllAdvantage that
you have not engaged in any such activities designed to thwart the purpose
of this Agreement, such as simulation, faking, or falsifying Active Surfing
or otherwise tampering with the Service, or assisting others in doing so;
No Guarantee of Accuracy. YOU AGREE AND UNDERSTAND THAT ALTHOUGH
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XXXXXXXXXXXX.XXX WILL MAKE REASONABLE EFFORTS TO MAKE THE ACTIVITY
DETECTION PROCESS FAIR AND CONSISTENT, XXXXXXXXXXXX.XXX DOES NOT GUARANTEE
THE PRECISION OF THE PROCESS. YOU WILL ONLY BE CREDITED AMOUNTS FOR TIME
SPENT ACTIVELY SURFING AS REASONABLY DETERMINED BY XXXXXXXXXXXX.XXX.
Hourly Limits Per Month. The amount of time that will be credited to Your
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account is limited by hours per calendar month ("Monthly Time Limit") and
XxxXxxxxxxxx.xxx reserves the right to change the Monthly Time Limit at any
time by posting the new limit on the Rate Page that can be found at
[link -- need url address]
Hourly Rate May Change. The amount of money that will be credited to Your
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account for active surfing by You, or for the active surfing of Your
referrals, may vary. XxxXxxxxxxxx.xxx will compensate You according to the
then-current rates for Your time spent viewing the Viewbar window as
tracked by AllAdvantage, subject to the limits herein: You are responsible
for checking the Rate Page at xxxx://xxx.xxxxxxxxxxxx.xxx/xxxxx.xxx to
obtain notice of changes.
. One Account Per Computer. Each computer can only have one XxxXxxxxxxxx.xxx
account on it (the software restricts the program to one per machine for
now).
. No Use by International Members While Visiting the U.S. If You live outside
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the United States but visit the United States, You agree not to (a) use the
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Viewbar software; or (b) perform any activities related to the Viewbar
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Service, including obtaining referrals, while physically located in the
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United States (e.g. if You came to the U.S. on vacation or for business.)
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. Software Updates. Users must upgrade to the new versions of the Viewbar
software as they become available in order to maintain active status with
the Viewbar Service. XxxXxxxxxxxx.xxx reserves the right to refuse to
credit accounts for Members using past versions of the Viewbar software.
F. The Referral Program. If You are accepted by XxxXxxxxxxxx.xxx as a Member
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of the Viewbar Service and meet all the requirements provided in this Agreement
You may earn credits for some activities of members that You refer to the
Service ("Your Referrals") and some activities of members referred by Your
Referrals. The Referral Program is subject to the following constraints:
. One Referrer Only. Each new Member may only designate one referrer at the
time they become a member of AllAdvantage.
. Referral Levels. You will receive credits only for Viewbar Service
activities of five levels of referrals as shown here:
YOU
R1: Names You as Referrer ("Direct Referral")
R2: Names R1 as Referrer ("Extended Referral")
R3: Names R2 as Referrer ("Extended Referral")
R4: Names R3 as Referrer ("Extended Referral")
R5: Names R4 as Referrer ("Extended Referral")
. Rates May Change. The rates paid for the activities of Your Referrals are
subject to change. The current rates can be found on the Current Rates Page
on xxxx://xxx.XxxXxxxxxxxx.xxx/xxxxx.xxx.
. Hourly Limits. You will be credited for the activities of Your Referrals
only up to the then-current Monthly Time Limit and only up to that portion
of the Monthly Time Limit that You have actively surfed using the Viewbar
window during that month. So, for example, if You "actively surf" for only
5 hours in a given month, You can only be credited for up to 5 hours of
active surfing by each of Your Referrals.
. Members may not use Spam to Obtain Referrals. You may not use unsolicited
email, usenet, message board postings or other similar methods of mass
messaging ("spam") to gather referrals. (Usenet and message board spam are
messages sent or posted which are unrelated to the topic of discussion of
the particular news group or message board.) The use of spam to promote the
AllAdvantage service has strict negative consequences. Not only may
AllAdvantage terminate the Membership of any Member who in AllAdvantage's
reasonable opinion has used unsolicited email to gain referrals (a
"Spammer"); AllAdvantage will also sever the branch of the "referral tree"
made up of direct and extended referrals obtained by the Spammer. The
branch accounts (those under the Spammer) will not be terminated, but those
Members above the Spammer on the referral tree may not benefit (e.g.
receive Viewbar credits) from them. In addition, You may be subject to
state and federal penalties or other legal consequences under applicable
law if You send unsolicited email. Our Anti-Spam Policy
(xxxx://xxx.xxxxxxxxxxxx.xxx/xxxxxxxx.xxx) provides more details and is
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incorporated into this Agreement.
. Marketing Claims. You agree not to make any misrepresentations to any of
Your Referrals or potential Referrals with respect to compensation
typically received by XxxXxxxxxxxx.xxx members or with respect to
compensation that potential members are likely to receive, and to fully
comply with all applicable laws related to multi-level marketing programs.
. WebMaster Program. XxxXxxxxxxxx.xxx grants You a limited license to use the
AllAdvantage trademarks and tradename as described on the Webmaster Program
page [xxxx://xxx.xxxxxxxxxxxx.xxx/xxxxxxxxx.xxx] solely for the purpose of
seeking legitimate referrals to the XxxXxxxxxxxx.xxx site. This license is
subject to the terms and conditions of our Trademark policy set out on the
Webmaster Program page which may be varied by XxxXxxxxxxxx.xxx from time to
time. All use of the XxxXxxxxxxxx.xxx trademarks and trade names shall be
for the sole benefit of AllAdvantage and You hereby agree to assign and do
all things necessary to ensure that AllAdvantage receives the benefit of
such use or required by XxxXxxxxxxxx.xxx to protect its trademarks.
XxxXxxxxxxxx.xxx also reserves the right to revoke this license on a
selective basis upon reasonable prior notice. Improper use of the
trademarks and/or tradename of XxxXxxxxxxxx.xxx is strictly prohibited and
XxxXxxxxxxxx.xxx may terminate the account or cancel the membership of
anyone who violates this policy.
. No benefits are available to members for referrals of advertisers to
XxxXxxxxxxxx.xxx.
G. Payment Issues.
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. Monitoring Your Account Balance. You may view your account balance and the
number of referrals that you have made at the XxxXxxxxxxxx.xxx "Account
Info" web page. At this point, the account information is not updated in
real-time as credits are accrued, but AllAdvantage will try to keep the
amounts updated every few hours. If you have a question about your account
balance, contact xxxxxxxxx@xxxxxxxxxxxx.xxx.
. Mailing of Checks. Currently, the only way to receive compensation from
XxxXxxxxxxxx.xxx is by check mailed to the mailing address provided by You
in the membership form. In the future, XxxXxxxxxxxx.xxx may initiate
alternative methods of payment (e.g. credit to a credit card) and reserves
the right to charge a fee for continued mailing of checks after that time.
Subject to the limitations herein, XxxXxxxxxxxx.xxx will mail a check to
You within a reasonable time after You have accumulated at least US $20 in
Your account.
. Taxes. You are fully responsible for filing your local, state, or federal
or any other taxes if applicable on any compensation received as a result
of Your participation in the Service. When/If Your annual earnings through
the XxxXxxxxxxxx.xxx Service reaches $250.00, XxxXxxxxxxxx.xxx will request
Your Social Security number and/or other appropriate tax-related
information to use to comply with federal and state or other tax
regulations XxxXxxxxxxxx.xxx will not pay out credits earned in excess of
the $250 limit without receiving this information from You.
. If Your Account is Terminated. XxxXxxxxxxxx.xxx may refuse to pay some or
all of the amounts credited to the terminated Member's account if such
amounts were earned in violation, or after violation, of this Agreement or
were otherwise unlawfully obtained by the Member. Similarly, AllAdvantage
will have no obligation to pay a Member for amounts credited to the
Member's account that were earned in violation or after violation of this
Agreement by any of the Member's direct or extended referrals.
H. Your Relationship with Advertisers. Your relationship with merchants or
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advertisers found on the Site, including payment for and delivery of related
goods or services, entry into and operation of promotions, discounts or
contests, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such merchant or
advertiser. You agree not to hold AllAdvantage liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the
content provided by such merchants or advertisers through the Service. By
clicking through ads in the Viewbar window or taking advantage of discounts and
promotions directed to AllAdvantage members by our advertisers, You are
authorizing the advertiser to share information with AllAdvantage about the
promotion, products or services that You obtained from them. AllAdvantage will
use this information to help improve the promotions and discounts offered to
AllAdvantage members.
I. Software License
---------------------
Grant of License. Subject to the terms of this Agreement, AllAdvantage
----------------
hereby grants and You accept a personal, non-exclusive, non-transferable,
terminable license, to install and use the Viewbar software on a single
computer for the purpose, and only during the term, of Your participation
in the AllAdvantage Viewbar Service and subject to the conditions and
limitations of this Viewbar Agreement between You and XxxXxxxxxxxx.xxx.
BACKUPS. You may copy the Software only for backup purposes, provided that
-------
You reproduce all copyright and other proprietary notices that are on the
original copy of the Software. The Software is licensed, not sold, to You
for use only under the term of this Agreement. XxxXxxxxxxxx.xxx reserves
all rights not expressly granted to You. You may own the media, if any, on
which the Software is recorded, but AllAdvantage retain ownership of all
copies of the Software itself and any intellectual property rights therein.
Restrictions. You may not use, copy, modify, or transfer the Software, or
------------
any copy thereof, in whole or in part, except as expressly provided for in
this Agreement or applicable law. You may not tamper with, modify, reverse
engineer, disassemble, or decompile the Software except to the extent such
restrictions are overridden by other law. Any attempt to transfer any of
the rights, duties or obligations hereunder is void. You may not rent,
lease, loan, resell for profit, or distribute the Software, or any part
hereof.
Support. XxxXxxxxxxxx.xxx will provide email support of Your use of this
-------
Software. The initial phone number for this support is 0 (000) 000-0000.
Support questions may also be directed to xxxxxxxxx@xxxxxxxxxxxx.xxx. You
agree to keep this phone number and email address strictly confidential and
to use them only for Your own legitimate support questions. This contact
information is subject to change. Check the XxxXxxxxxxxx.xxx website for
notices of such changes.
J. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND
-----------------------------
SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW,
XXXXXXXXXXXX.XXX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. XXXXXXXXXXXX.XXX MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE.
K. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW,
----------------------------
NEITHER XXXXXXXXXXXX.XXX NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES,
AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL XXXXXXXXXXXX.XXX'S TOTAL CUMULATIVE LIABILITY TO ANY
MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE NUMBER OF HOURS THAT
THE MEMBER PERSONALLY SPENT ACTIVELY SURFING DURING THE IMMEDIATELY PRECEDING
TWO MONTHS, MULTIPLIED BY THE MAXIMUM HOURLY PAYOUT RATE PUBLISHED BY
XXXXXXXXXXXX.XXX FOR THE VIEWBAR SERVICE DURING THAT SAME PERIOD.
L. Force Majeure. AllAdvantage will not be in default or otherwise liable for
------------------
any delay or failure in its performance under this Agreement where such delay or
failure arises by reason of an Act of God, or any government or governmental
body, acts of war, the elements, strikes or labor disputes, power or system
failures, failure of the Internet, computer hacking, or other causes beyond the
control of AllAdvantage.
M. Governing Law and Other Terms. Any action related to this Agreement will be
----------------------------------
governed by California law, excluding (1) principles of conflicts of laws, and
(2) the United Nations Convention on Contracts for the International Sale of
Goods. Any action relating to this Agreement shall be brought in the state or
federal courts located in the Northern District of California, and You hereby
submit to the jurisdiction and venue thereof. You agree to comply with the laws
of California and the United States that apply to the use of this Service and
the compensation You may receive. If the law of Your country, state, or
province of residence prohibit or limit Your participation in this Service, then
You are responsible for complying with such laws and you agree to indemnify
XxxXxxxxxx.xxx against any breach by You.
If any part of this Agreement is held to be unenforceable, the unenforceable
part shall be given effect to the greatest extent possible and the remainder
will remain in full force and effect. This Agreement is personal to You and You
may not transfer, delegate, or assign this Agreement, your referral network,
your AllAdvantage account or other benefits you receive as an AllAdvantage
Member to anyone. Any attempt by You to assign or delegate this Agreement shall
be null and void. XxxXxxxxxxxx.xxx may assign this Agreement at its sole
discretion.
This Agreement constitutes the entire Agreement between You and XxxXxxxxxxxx.xxx
in connection with the Viewbar Service and general membership in
XxxXxxxxxxxx.xxx and supersedes all prior agreements between the parties
regarding the subject matter contained herein.
N. Contacting Us. If You have questions about the Viewbar Service or this
------------------
Agreement, please contact xxxxxxxxx@XxxXxxxxxxxx.xxx.
