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Terms of
Service and End User License Agreement
TERMS OF SERVICE
The following
constitutes the entire agreement between you and Traffic Panther, Inc.
and sets forth the terms and conditions under which you may market the
Traffic Panther program and under which you are granted a
non-exclusive license to use and operate the Traffic Panther online
SEO Automation software.
By enrolling as
a member, accessing, or otherwise using THE SOFTWARE, you agree to
these terms of service and to the conditions contained in both our
Privacy Statement and our Anti-Spam Policy. If you do not agree to
these terms, you may not use, operate, or distribute THE SOFTWARE in
any way, nor may you participate in any affiliate program or programs
Traffic Panther may offer. Since Traffic Panther may find it necessary
to update our policies as we grow and expand, we reserve the right, at
any time, to modify, alter, or update these Terms of Service without
notice and without liability. Your continued participation in the
Traffic Panther program or use of THE SOFTWARE or any Traffic Panther
services following the posting of changes to these terms (including
the Privacy Statement) will mean you accept such modifications.
End User
License
Your
non-exclusive license to use THE SOFTWARE is based on participation in
the affiliate program provided by Traffic Panther and is granted free
for the duration of your participation in said affiliate program.
Functions of
THE SOFTWARE
The purpose of
THE SOFTWARE is to automatically create Optimized web pages for your
web site or affiliate site that are designed to gain higher rankings
in search engines.
Refunds
You may request
a refund within 30 days of your initial participation date. After
this, commissions will be paid against your initial participation
payment. And therefore no refunds will be issued after the initial 30
days. However, you cancel at any time within 30 days of any subsequent
payment and request a refund of the previous participation payment.
Affiliate
Program
The purpose of
the built-in Affiliate Program is to allow you to earn commission by
and through the introduction of other users to the Traffic Panther
program.
Traffic Panther
makes certain "Marketing Materials" available to you for the promotion
of the Traffic Panther program, which are accessible through your
online account manager. Such materials may include banners, buttons,
text links, email copy, signature files, etc. and may be updated by
Traffic Panther from time to time. You are authorized to use any of
the then current marketing materials made available in this manner,
and are responsible for maintaining current materials in your
promotions. Promotion is restricted to the use of these materials.
Corporate approval may be granted for new marketing materials
submitted to us by distributors.
You may not
promote your affiliation with Traffic Panther or THE SOFTWARE through
the sending "spam" or "bulk email" (unless to your opt-in subscribers
or opt-in subscribers of a reputable no-spam mail house). Further, you
may not make postings of an advertising nature to any Internet
newsgroup, forum, chat room, or other public community, unless that
community expressly accepts the posting of such information (almost
all do not). ("Signature files" as approved and provided by Traffic
Panther are excluded from this restriction.) Additionally, any
commissions generated as a result of spamming will not be paid to any
upline positions.
You may only purchase one
membership. You may not purchase multiple memberships for your self
and you may not purchase memberships for anyone else. Any member
purchasing multiple accounts will have their membership cancelled and
forfeit all commissions. Further, your physical mailing address must
be exactly the same as the address at which you receive your credit
card statement. We will send you a postcard which will contain a
unique code. You must log in to your account and enter this unique
code to activate commissions. No commissions will be paid to group
members until you have activated your account with your unique code.
Commissions are
paid automatically. You may request disbursement of commissions via
several options available in your Members Area. A thirty day "holding
period" is applied on all transactions. Minimum commission payment is
$25. Monthly commissions begin to accrue beginning with the second
month on all members in your Two Level downline. NOTE:
Commissions are held for 30 days after each commission period ends so
that we can continue to offer our 30-day money back guarantee.
Placements
You understand
and agree that we cannot guarantee your placement in the free
affiliate program in any particular position that you may desire. It
is incumbent upon you to make certain that you enroll through the
correct referer ID. And further, it is your responsibility to make
certain your payment for your enrollment has been accepted and you
have been placed in the affiliate program.
Copyright
All content and
information included on Traffic Panther, such as text, graphics,
logos, button icons, images, audio clips, and software (collectively,
the "Content"), and the arrangement thereof, is the property of
Traffic Panther or its content suppliers and protected by U.S. and
international copyright laws. Unless otherwise noted on Traffic
Panther, you are authorized to view, download, cache, copy and print
the Content solely for your personal use and not for resale or further
distribution, subject to the following conditions:
Graphics and
other promotional material designed by Traffic Panther specifically
for your use on your own web pages are exempt from these restrictions
and may be placed on your web pages via the HTML codes Traffic Panther
provides you for doing so, but may not be altered in any way.
Any other use,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Content is strictly
prohibited.
Trademarks
All trademarks,
service marks, and trade names (collectively, "Trademarks") are
proprietary to Traffic Panther or other respective owners that have
granted Traffic Panther the right and license to use such Trademarks.
Other
Intellectual Property
The architecture
and infrastructure of THE SOFTWARE are proprietary to and trade
secrets of Traffic Panther (Patents Pending). You agree not to attempt
to decompile, reverse engineer, disassemble, or otherwise reduce THE
SOFTWARE to a human perceivable form. Furthermore, YOU MAY NOT MODIFY,
ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR
CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF
FOR ANY REASON WHATSOEVER.
Disclaimer
THE CONTENT AND
ANY OTHER INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED ON
THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. IN ADDITION, Traffic Panther DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. FURTHER, Traffic Panther EXPLICITLY DISCLAIMS ANY
RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF
INFORMATION FOUND ON SITES THAT LINK TO OR FROM Traffic Panther FROM
THIRD PARTIES NOT ASSOCIATED WITH Traffic Panther.
Traffic Panther
DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR
FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED
IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT
DEFECTS THEREWITH WILL BE CORRECTED; INCLUDING BUT NOT LIMITED TO
ERRORS IN TRANSMISSION.
Termination
This agreement
shall remain effective until terminated by either party.
You acknowledge
and agree that Traffic Panther reserves the right to remove your
account at any time, without notice, for a violation of these
guidelines or for any other reason deemed to infringe on the rights of
other subscribers, or to protect the integrity of the Traffic Panther
program or reputation of the company, at the sole discretion of
Traffic Panther. Said removal will result in loss of all commissions
due without recourse.
Publishing or
making false, erroneous, or misleading statements or negative comments
about the software or company will result in termination of your
account and loss of commissions earned.
Passwords
Certain areas of
Traffic Panther are password restricted to authorized users
("Restricted Areas"). If you have registered as an authorized user to
gain access to the Restricted Areas, you agree that you are entirely
responsible for maintaining the confidentiality of your password, and
agree to notify Traffic Panther if the password is lost, stolen,
disclosed to an unauthorized third party, or otherwise may have been
compromised. You agree that you are entirely responsible for any and
all activities which occur under your account, whether or not you are
the individual who undertakes such activities. You agree to
immediately notify Traffic Panther of any unauthorized use of your
account or any other breach of security in relation to your password
or Traffic Panther which is known to you.
Advice
Received from Traffic Panther
Any advice,
formula, instruction, or any suggestion you receive via Traffic
Panther is for informational purposes only and you agree that you are
entirely responsible for evaluating the usefulness or safety of any
such information.
Limitation of
Liability
UNDER NO
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Traffic
Panther BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE,
COMPENSATORY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF
Traffic Panther OR A Traffic Panther REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT SHALL Traffic Panther’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SUBSCRIPTION DURING
THE PERIOD IN QUESTION.
Intended
Audience
Traffic Panther
controls and operates Traffic Panther from its headquarters in the
United States of America. If you use Traffic Panther from outside the
United States of America, you are entirely responsible for compliance
with applicable local laws, including but not limited to the export
and import regulations of other countries in relation to the Content.
Third Party
Services
Certain services
available for your use on Traffic Panther may be provided by third
parties. Your use of such services will be subject to the terms and
conditions and privacy policies provided by the applicable third party
service providers, and Traffic Panther will have no liability with
regard to your use of such services.
External
Sites
This site
contains links to other sites on the Internet that are owned and
operated by third party vendors and other third parties (the "External
Sites"). You acknowledge that Traffic Panther is not responsible for
the availability of, or the content located on or through, any
External Site and such links to External Sites do not constitute an
endorsement by Traffic Panther of those sites. You should contact the
site administrator or Webmaster for those External Sites if you have
any concerns regarding such links or the content located on such
External Sites.
Liability
We will not be
liable for indirect or accidental damages (loss of revenue,
commissions) due to affiliate tracking failures, loss of database
files, and any results of "intents of harm" to the program or our
website. We do not make any expressed or implied warranties with
respect to the affiliate program and/or products sold at this site. We
make no claim that the operation of the affiliate program and our
website will be error-free and we will not be liable for any
interruptions or errors.
Affiliate
Tracking
When a web
surfer clicks through your affiliate link, a cookie is set in their
browser that contains your affiliate username. Also, their IP address
is tracked in the database along with your affiliate name. When this
person decides to buy a product, the script will look for this cookie
and/or try to match their IP address to identify the affiliate who
will be awarded the commission. Visitors sent through your affiliate
link may make a purchase later in time and the commission will still
be awarded if the cookie is present in their browser and/or the are
using the same IP address as the one logged in the database.
Requirements
You must be of
legal working age in your governing jurisdiction and conform to all
laws that apply within your state.
General
Traffic Panther
does not generally monitor your data or transmissions. However, in
Traffic Panther’s efforts to promote good citizenship within the
Internet community, if Traffic Panther becomes aware of inappropriate
use of Traffic Panther or any Traffic Panther product or service
available now or in the future, Traffic Panther will respond
accordingly. You acknowledge that Traffic Panther will report to law
enforcement authorities any actions which may be considered illegal,
as well as any reports it receives of such conduct. When requested,
Traffic Panther will cooperate fully with law enforcement agencies in
any investigation of alleged illegal activity on the Internet.
You assume full
responsibility for the legal and responsible promotion of the Traffic
Panther program and the use of THE SOFTWARE and undertake to indemnify
Traffic Panther from any claims that may arise by your use thereof.
If you violate
these Terms, Traffic Panther reserves the right to terminate service
to you without notice. Traffic Panther’s preferred course of action is
to advise you of your inappropriate behavior and recommend any
necessary corrective action. However, flagrant violations of these
Terms, as determined by Traffic Panther in its sole discretion, will
result in immediate termination of service. In the event that your
account is temporarily inactivated as a result of any prohibited
activities, the account may be subject to reactivation charges and/or
deposit requirements to be determined by Traffic Panther. You
understand that Traffic Panther has the right to terminate any account
for any reason that Traffic Panther interprets as an abuse of the
account.
You agree that
Traffic Panther and its licensors may improve, change, and/or
discontinue any of its products, services, programs, and prices
described in Traffic Panther, if any, at any time without notice and
without liability to you of any kind, and further agree that Traffic
Panther can revise these Terms at any time without notice by updating
this posting. You agree that your continued use of Traffic Panther
after such modifications have been made constitutes your acceptance of
such revised Terms.
Notices under
and appertaining to this agreement from Traffic Panther may be sent by
Traffic Panther to the last email address of any intended recipient.
Notices under
and appertaining to this agreement from licensees must be sent by
registered mail to the offices of Traffic Panther as indicated on the
"Contact Us" page of the Traffic Panther web site.
Any action
related to these Terms will be governed by Nevada law and controlling
U.S. federal law, without regard to the choice or conflicts of law
provisions of any jurisdiction. You agree to submit to the
jurisdiction of the courts located in Clark County, in the State of
Nevada, for the resolution of all disputes arising from or related to
these Terms and/or your use of Traffic Panther.
If any provision
of these Terms is held by a court of competent jurisdiction to be
contrary to law, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties, with all other
provisions remaining in full force and effect. The failure of Traffic
Panther to enforce any right or provision in these Terms shall not
constitute a waiver of such right or provision unless acknowledged and
agreed to by Traffic Panther in writing. The Terms comprise the entire
agreement between you and Traffic Panther and supersede all prior or
contemporaneous negotiations, discussions or agreements, if any,
between the parties regarding the subject matter contained herein.
All other rights
not specifically granted in this agreement and End User License are
reserved by Traffic Panther.
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