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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