CONDITIONS AND TERMS OF USE AGREEMENT


IMPORTANT - READ CAREFULLY: By completing this signup process and activating service with BetterWebBuilder.com, you signify your acceptance of these TERMS OF USE AGREEMENT. It is your responsibility to understand and be aware of the information provided below.


You agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for BetterWebBuilder.com, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the BetterWebBuilder.com Service as an Affiliate.


Refund Policy: If for any reason your not completely satisfied, your Bronze, Silver or Gold Marketing System comes with an unconditional 7 day money back guarantee. Simply cancel and request a refund within 7 days of the original purchase date by sending an email to support-at-betterwebbuilder.com


OVERVIEW

BetterWebBuilder.com is an Internet Based Marketing System which offers a number of FREE services to Customers and Affiliates. BetterWebBuilder.com provides but is not limited to the following services:

   
A
. A Prospecting and Marketing System that utilizes the Internet as its primary method of communication. This system is designed to offer Customers and Affiliates a presence on the Internet; i.e. Personalized Customizable Websites, Capture Pages, Autoresponders and Online Business Building Tools to contact, educate, and train individuals who have expressed interest in Home Based Business Opportunities.    
   
B
. BetterWebBuilder.com makes available training for Customers and Affiliates interested in improving their skills in Internet Marketing, Face-to-Face marketing, and other pertinent aspects of owning and operating a Home Based Business. (BetterWebBuilder.com is not held liable for the implementation of any advice or training consumed or implemented by Customers and Affiliates.)
  

C
.  BetterWebBuilder.com extends the privilege and benefit of using its proprietary Internet Marketing System to Customers and Affiliates ONLY upon Customers and Affiliates full and unconditional acceptance of this Agreement in its entirety.
  
D
.  Customers/Affiliates are not permitted to have multiple accounts. There is only one account allowed per person.

E.  This Agreement applies to current and future BetterWebBuilder.com services and products unless specifically stated otherwise.

F.
  This Agreement serves as a binding legal agreement between you as the customer, hereafter referred to as "CUSTOMER" or "CUSTOMER'S", “AFFILIATE” or “AFFILIATES” and Horizons Marketing and Associates LLC / BetterWebBuilder.com, hereafter referred to as " BetterWebBuilder.com ". Terms of Use Agreement is hereafter referred to as "Agreement." Primary Opportunity refers to the Home Based Business you will promote through BetterWebBuilder.com.

G. Completion of the BetterWebBuilder.com signup process will activate CUSTOMERS individual BetterWebBuilder.com website [http://www.mybwbsite.com/username] and serve as CUSTOMERS declaration of commitment to abide by the conditions of this Agreement.

H. Change/Cancellation of Account Status:
To cancel your Bronze, Silver or Gold Marketing System with associated membership, tools and services and remain a Free Affiliate, login to your Members Area, select "Support", "Contact Us", choose "Status of My Account" and submit a support ticket requesting to change your status to a Free Affiliate. If you wish to completely cancel your account simply login to your Member’s Area, and submit a support ticket requesting cancellation. Or you can send an email to support-at-betterwebbuilder.com  to cancel your account or change your status.  Members who cancel their account cannot open a new account for 6 months.

Note: to prevent spam bots, emails are not live links. You must replace -at- with @ to send an email.


TERMS AND CONDITIONS OF AGREEMENT


1.  CUSTOMER / AFFILIATE RIGHTS AND RESPONSIBILITIES:

    A.  REGISTRATION - Access To BetterWebBuilder.com YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO. To sign up as an Affiliate or Customer of BetterWebBuilder.com and to use the Service as an Affiliate you must be at least 18 (eighteen) years of age, and to receive commissions in the United States of America you must supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.

    B. CUSTOMER / AFFILIATE has the right to use and will receive a personalized version of the Betterwebbuilder.com website to prospect, recruit, and train participants for CUSTOMERS Primary Opportunity.

    C. CUSTOMER / AFFILIATE may use their BetterWebBuilder.com website to market their Primary Opportunity products and services.

    D. Updating of Account Information: CUSTOMER / AFFILIATE reserves the right and responsibility of ensuring that CUSTOMER / AFFILIATE account information, including billing, mailing address, email address, and contact telephone numbers remain current and accurate so that BetterWebBuilder.com can provide the highest level of "Customer Service".
 
    E. CUSTOMER / AFFILIATE has the right to use the BetterWebBuilder.com marketing system only in accordance with all federal, state, county, and municipal laws and ordinances, rules, and regulations as may be required by any federal, state, county or municipal law, ordinance, rule or regulation.

    F. No Assignment: CUSTOMER / AFFILIATE may not assign any rights or delegate any duties under this Agreement without the prior written consent of BetterWebBuilder.com Any attempt to transfer or assign this Agreement without the express written consent of BetterWebBuilder.com renders this Agreement void at the option of BetterWebBuilder.com and may result in termination of the same.

    G.   CUSTOMER / AFFILIATE may place our banners, and links anywhere on your site as you see fit, or within non-spam emails or any place that it is legal for you to do so. "Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor through to a CUSTOMER / AFFILIATE BetterWebBuilders website. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to BetterWebBuilder.com.  You may place banners or links within your newsletters, in content of your website, or within other web related content.

    H.  Adult, Hate, Illegal or other related sites are not allowed.
 
    I.   Any page that contains BetterWebBuilder.com links, banners, or code must be written in English.

    J.   All statistics are collected and calculated by BetterWebBuilder.com, and will be the only valid stats used for determining commissions.

    K.  As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate accounts are strictly prohibited. You cannot refer yourself as an Affiliate or a customer with BetterWebBuilder.com and receive commission on any of your purchases.

    L.  Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, creating multiple personal accounts, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.

    M.  At no time will an Affiliate ever owe monies to BetterWebBuilder.com.

    N.  Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, are NOT allowed. For example, if you choose USA as your country, you must be in the USA. If you choose Russia as a country, you must be in Russia.

    O.  THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN BetterWebBuilder.com: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will be given a username and password combination that You use to access Your Affiliate area within the Service. You shall provide BetterWebBuilder.com with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that BetterWebBuilder.com may rely on any data, notice, instruction or request furnished to BetterWebBuilder.com by You which is reasonably believed by BetterWebBuilder.com to be genuine and to have been sent or presented by a person reasonably believed by BetterWebBuilder.com to be authorized to act on Your behalf. You shall notify BetterWebBuilder.com by e-mail at support@BetterWebBuilder.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by BetterWebBuilder.com and referral to the appropriate law enforcement agencies. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BETTERWEBBUILDER.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BETTERWEBBUILDER.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BETTERWEBBUILDER.COM OR LAW ENFORCEMENT AUTHORITIES.

    P.  Accepted Use.  You represent to BetterWebBuilder.com that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As BetterWebBuilder.com may not review all information provided by You, You shall remain solely responsible for Your content and Web site.

    Q.  Failure to abide by these rules could mean termination from BetterWebBuilder.com with a complete forfeit of commissions.

    R. Malicious abuse of the BetterWebBuilder.com system by a customer is grounds for immediate termination. BetterWebBuilder.com may charge CUSTOMERS / Affiliates Credit Card on file up to $1000.00 per separate incident, if such abuse can be substantiated and attributed to CUSTOMER / AFFILIATE.

 

2. BetterWebBuilder.com RIGHTS AND RESPONSIBILITIES:

    A.  BetterWebBuilder.com may modify this agreement from time to time. CUSTOMER / AFFILIATE understands and agrees to be bound by any modifications made. BetterWebBuilder.com will post any changes in a place of prominence for CUSTOMER to review. IF ANY AMENDMENT IS UNACCEPTABLE TO CUSTOMER / AFFILIATE, THE ONLY RECOURSE IS TO TERMINATE ALL SERVICE WITH BetterWebBuilder.com CUSTOMERS / AFFILIATES CONTINUED PAYMENT FOR SERVICE FOLLOWING THE PUBLICATION OF NOTICE OF AMENDMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE AMENDMENT.

    B.  BetterWebBuilder.com has the right, at its sole discretion, to make any and all changes and updates to CUSTOMER / AFFILIATE websites without any prior notification to CUSTOMER / AFFILIATE.

    C.  BetterWebBuilder.com reserves ownership of all property, both intellectual and tangible, contained within, derived from, or created as a result of the BetterWebBuilder.com marketing system. CUSTOMER / AFFILIATE is "renting" or "leasing" the use of BetterWebBuilder.com property.

    D.  BetterWebBuilder.com will not allow the use of its trade names, trademarks, designs or symbols by CUSTOMER / AFFILIATE without prior specific written authorization from the appropriate representative of BetterWebBuilder.com.  Trademarks, service marks, and logos appearing in this site are the property of BetterWebBuilder.com or the party that provided the trademarks, service marks, and logos to BetterWebBuilder.com. BetterWebBuilder.com and any party that provided trademarks, service marks, and logos to BetterWebBuilder.com retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

    E.  Traffic To CUSTOMER / AFFILIATE websites: BetterWebBuilder.com retains the right to limit the amount of traffic flowing to or from CUSTOMERS / AFFILIATES BetterWebBuilder.com website. Excessive traffic is that which significantly increases BetterWebBuilder.com hosting costs due to increased internet bandwidth usage. BetterWebBuilder.com will speak with CUSTOMERS / AFFILIATES affected by this on a case by case basis.

    F.  BetterWebBuilder.com reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any BetterWebBuilder.com related products and services, new programs and promotions.
 

3. Relationship of CUSTOMERS / AFFILIATES to BetterWebBuilder.com:

    A. CUSTOMER / AFFILIATE agrees that they are not an employee, agent, partner, legal representative, or franchisee of BetterWebBuilder.com

    B.  CUSTOMER / AFFILIATE is not authorized to and will not incur any debt, expense, or obligation on behalf of, for, or in the name of BetterWebBuilder.com or its officers and owners.

    C.  CUSTOMER / AFFILIATE is responsible for the operation of CUSTOMERS / AFFILIATES Primary Opportunity (Home Based Business) promoted with the BetterWebBuilder.com system.

    D.  CUSTOMER / AFFILIATE agrees to be solely responsible for paying all expenses incurred in the operation of CUSTOMERS / AFFILIATES Primary Opportunity, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses.


4. Effective Time of Agreement:

    A.  The initial term of this Agreement begins immediately upon CUSTOMER / AFFILIATE account activation with BetterWebBuilder.com and continues until CUSTOMER / AFFILIATE has completely and fully cancelled all service with BetterWebBuilder.com, or until BetterWebBuilder.com suspends or cancels service to CUSTOMER / AFFILIATE. AutomaticBuilder will automatically Cancel a CUSTOMER / AFFILIATE who jeopardizes the ability for BetterWebBuilder.com and its other CUSTOMERS / AFFILIATES to operate and do business.

    B.  BetterWebBuilder.com reserves the right to cancel service for any CUSTOMER / AFFILIATE. This can be done at the sole discretion of BetterWebBuilder.com and there is no recourse.

    C.  CUSTOMER / AFFILIATE understands that cancellation or suspension of BetterWebBuilder.com service by either CUSTOMER / AFFILIATE or BetterWebBuilder.com signifies the end of use of any and all BetterWebBuilder.com systems, products, or services previously provided to CUSTOMER / AFFILIATE

    D.  CUSTOMERS / AFFILIATES may cancel their Paid membership and still remain a Free Affiliate.  If a customer cancels their Paid Membership they will lose the use of any of the Paid Affiliate products and any commissions that would be paid at that Affiliate level.

5. Refunds, Cancellations, and Billing Policy:


Refund Policy: If for any reason your not completely satisfied, your Paid Marketing System comes with an unconditional 7 day money back guarantee. Simply cancel and request a refund within 7 days of the original purchase date by sending an email to support-at-betterwebbuilder.com

    A.   Change/Cancellation of Account Status: To cancel your Paid Membership and remain a Free Affiliate, login to your Members Area, select "Support", "Contact Us", choose "Status of My Account" and submit a support ticket requesting to change your status to a Free Affiliate. If you wish to completely cancel your account simply login to your Member’s Area, and submit a support ticket requesting cancellation. Or you can send an email to support-at-betterwebbuilder.com  to cancel your account or change your status.  Members who cancel their account cannot open a new account for 6 months.   

    B.  Upon cancellation your card will never be billed again unless you want to be reinstated.

    C.  All products sent by mail come with a 30 day Money back guarantee. Guarantee starts from the purchase date.

    D.  Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued.

    E.  Products returned after the policy has expired will be shipped back to the customer.

    F.  If a digital product is purchased, and it has a refund policy, a refund request letter must be sent to our office in order for a refund to be processed. This is to prevent fraudulent orders.

    G.  Unless otherwise stated on the website from which you purchased a product, there is no money back guarantee for digital products or leads ordered from BetterWebBuilder.com. 

    H.  BetterWebBuilder.com has rights to change refund policy at anytime, but will be reflected on future orders not past orders.

    I.  In the case of monthly products (i.e. Gold Affiliate membership), you are under no obligation and can cancel at anytime by contacting support and request us to cancel your membership. Monthly products are not backed by a money back guarantee.

Products Return Address:
BetterWebBuilder DBA
Horizons Marketing and Associates LLC
4222 Merrick Road
Massapequa NY 11758

 
Upon a refund being processed please allow 5 to 15 business days for the transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.

All CUSTOMER / AFFILIATE account invoices are created on the day the customer joins BetterWebBuilder.com. This is the CUSTOMERS / AFFILIATES Anniversary Date. To facilitate the discrepancies in the days of the month, if an Anniversary Date is the 28th, 29th, 30th or 31st of a month the CUSTOMER / AFFILIATE Anniversary Date is automatically moved to the 28th. Invoices are due and payable on the Anniversary Date of each month and will be charged to the Credit Card CUSTOMER / AFFILIATE has on file with BetterWebBuilder.com.

CUSTOMER / AFFILIATE must notify BetterWebBuilder.com 3 days before their Anniversary Date of any month to cancel for that month. If BetterWebBuilder.com is notified 2 days prior to and including the Anniversary Date Customer will be billed for that month and cancellation will occur before the next billing cycle and no further charges will be incurred.

Our company's entire liability, and the CUSTOMERS / AFFILIATES exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option.  We limit replacement to thirty days.  All remedies are limited to the United States.  Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

BetterWebBuilder.com strictly abides by this cancellation policy.

 

6.  BetterWebBuilder.com has a ZERO TOLERANCE SPAM POLICY

E-mail Abuse Policies & Regulations

 

You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.

   
    A. DO NOT SEND
unsolicited e-mail (e-mail not requested by the receiving party) sending e-mail that was not requested is considered e-mail abuse. E-mail abuse will result in the termination of your BetterWebBuilder.com web site.

    B.
DO NOT SEND mass quantities of e-mail messages containing the name BetterWebBuilder.com to parties who did not request the information.

    C. DO NOT SEND to anyone who requested you to remove them from your subscribe list.

    D. DO NOT SEND unsolicited e-mail to anyone that contains any links or hyperlinks to your BetterWebBuilder.com websites.

    E. Anyone abusing the e-mail policies or SPAM laws will be terminated from BetterWebBuilder.com.

    F. You must abide by all e-mail laws in your community, county, township, parish, state, or country.

    G.  With regard to all Internet Advertising you must abide by all laws in your community, county, township, parish, state, or country.

    H. In order to help people grow their business in BetterWebBuilder.com we have established SAFE options for getting traffic to your site.

    I.  Violations of our Spam Policy can be reported here: support-at-betterwebbuilder.com 

 These policies are designed to inform you of our practices regarding collection, use and disclosure of information that you may provide via this site as well as your own responsibilities regarding the advertising and use of your website.

In order to provide the best possible business opportunity for everyone, BetterWebBuilder has adopted a Zero Tolerance Spam Policy. There are many unethical lead vendors and internet marketing companies doing business on the Internet. BEWARE if you choose to go outside the approved vendors.
. You are responsible for the quality of their leads. Legitimate companies can provide IP addresses, date and time stamps as well as accurate records of all consents for double opt-in leads.

You cannot manually or automatically load peoples names and email addresses into the BetterWebBuilder System as Leads or Members. This is strictly prohibited and will result in immediate termination.

Please read carefully the terms and conditions, privacy and anti-spam policies which apply to everyone who visits this site. If you proceed to use this site, you are agreeing to abide by these rules. 

The intention of our communication distribution technology is for the purpose of sending communications to parties that have agreed to receive them. We reserve the right to interrupt any communications being sent in violation of our unsolicited communication policy. Violation of these policies may, at our discretion, be grounds for termination of the abusive party's account.

What is SPAM?

SPAM is any electronic message which is directed toward a person(s) who has not requested the information through a VERIFIABLE "opt-in" process giving their permission to be contacted. SPAM comes in many different forms and includes, but may not be limited to:

Unsolicited electronic communications (e-mail); Bulletin boards, user groups or instant messaging services to individuals or businesses who do not know you personally; Opt-out lists where a person is specifically required to request removal from a mailing list in order to prevent solicitation;
Hiring a company that is mailing out to a list of people with your opportunity that did not specifically request to receive your information beforehand (third party bulk e-mailing);
Promoting your site on FFA (Free For all) sites and similar programs which have a high risk of generating SPAM complaints due to the nature of the program. Many people who put their links on FFA sites don't realize that the tons of e-mail they get is simply a result of posting their links, then they complain of SPAM.
Faxes which are unsolicited by the recipient are also considered SPAM.
Any SOLICITED mass communication (as with Opt-in e-mail lists) which do not contain the required instructions for unsubscribing and removal from the list;
The use of a mailing list in which the recipients e-mail, ISP, and other personal information was "harvested" electronically when they visited the site.
SPAM can be a single e-mail or a bulk mailing, so it can include your own list if the e-mail is sent to a recipient who would not have a reasonable expectation of receiving e-mail from you.

Simply put, an e-mail is SPAM if it has been sent to an address that was not requested from you. Receive permission first before adding anyone to your e-mail list. You must not send SPAM via our service or send SPAM that in any way implicates our services (i.e. using BetterWebBuilder weblinks in an unsolicitede-mail). This also includes the use of your BetterWebBuilder URL in any of the other electronic communications methods above.

All SPAM complaints are taken seriously. Spam is considered an unethical form of internet advertising and is illegal. In addition spamming can incur substantial monetary fines from any of the providers through which spam is directed because of the time, resources and expense it can incur for business. Spam is a negative form of advertising and will not be tolerated in any form.

If you violate our Spam Policy you will:

Have your web site terminated immediately without notice and without a refund or pro-ration, if you are using our paid system.
Have your entire lead database deleted from our system.
Have a MINIMUM $1000 claim filed against you in a court of law.
Be immediately reported to your ISP provider and the business opportunity you are representing.
Be permanently banned from the BetterWebBuilder program.
BetterWebBuilder reserves the right to determine what constitutes a violation of our Spam Policy. Should the BetterWebBuilder service or web sites be disrupted in any way due to spamming, the responsible party will be charged and billed $250 per hour until service is restored. Applicant may also be subject to legal action if appropriate.

The rules are there out of necessity, to protect your business as well as all our members. Since the enactment of laws designed to eliminate SPAM and punish spamming, many individuals and have been successfully prosecuted. In addition, they and the businesses they represent have been fined and some shutdown for these practices.

While your intentions to grow your business are good ones, your methods must be examined and comply with our standards. We don't want to meet any of you in court or find ourselves in the position of having to defend your actions so we can stay in business.

Just remember this SPAM is an issue about CONSENT, not CONTENT. It doesn't matter if the message is a scam, porn or your offer to join the BetterWebBuilder, if it was sent UNSOLICITED or you cannot VERIFY that you received the recipient's permission to send it, OR your message is "OPT-IN" but you don't include an "OPT-OUT" method in every communication, then it is SPAM.

If you are not sure whether your intended method of promoting BetterWebBuilder conforms to these standards, do not engage in it.

7. Terms of Use of Affiliate Web Site:

CUSTOMER / AFFILIATE understands and agrees with the following Terms of Use:

    A.  In order to permit BetterWebBuilder.com to protect the quality of its products and services, you hereby consent to BetterWebBuilder.com employees being able to access your account and records on a case by case basis.

    B.  You acknowledge that the Affiliate Web Site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and AutomaticBuilder.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The BetterWebBuilder.com name and logo are trademarks of BetterWebBuilder.com. All other trademarks appearing on the Site are trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content or Affiliate Web Site, in whole or in part. You are granted permission, to the extent necessary in order to lawfully access and use the Associate Site, to display, download, archive and to print in hard copy, portions of the Affiliate Web Site for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use, or if this Agreement is terminated. Upon termination, you must immediately destroy any downloaded or printed materials. You may not, without BetterWebBuilder.com prior written permission, remove or mirror any material contained on the Affiliate Web Site on any other server.

    C.  Ownership and Licenses.  The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site or product owned, operated, licensed, or controlled by BetterWebBuilder.com is the proprietary information of BetterWebBuilder.com or the party that provided the Content to BetterWebBuilder.com, and BetterWebBuilder.com or the party that provided the Content to BetterWebBuilder.com retains all the rights, titles, and interests in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BetterWebBuilder.com, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates BetterWebBuilder.com’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

    D.  You, the Affiliate, are granted a non-exclusive, limited, revocable right to use BetterWebBuilder.com provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of BetterWebBuilder.com, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain BetterWebBuilder.com’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

    E.  BetterWebBuilder.com, may immediately terminate Your license to use the marks if BetterWebBuilder.com reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by BetterWebBuilder.com. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge BetterWebBuilder.com’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of BetterWebBuilder.com.

    F.  All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated.   Reproduction is prohibited.  You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing.  Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

    G.  Hyper-Links.  Affiliates Web Sites and Sales Pages  may be hyper-linked to other sites which are not maintained by, or related to, BetterWebBuilder.com. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with BetterWebBuilder.com. BetterWebBuilder.com has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and BetterWebBuilder.com makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by BetterWebBuilder.com of that site.

    H.  Submissions.  You hereby grant to BetterWebBuilder.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, photos or other information communicated to BetterWebBuilder.com through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. BetterWebBuilder.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future BetterWebBuilder.com operations.  BetterWebBuilder.com will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

    I.  Restrictions On Use.  You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without BetterWebBuilder.com’s express prior written consent. For example, you may not (and may not authorize any other party to: 1. co-brand this site, or 2. frame this site, or 3.  hyper-link to this site, without the express prior written permission of an authorized representative of BetterWebBuilder.com. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with BetterWebBuilder.com in causing any unauthorized co-branding, framing or hyper-linking.

    J.  You may not post, send, submit, publish, or transmit in connection with this site any material that: you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any illegal commercial endeavor (e.g., conducting raffles); includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; amounts to a 'pyramid' or similar illegal scheme; disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

    K.  Although under no obligation to do so, BetterWebBuilder.com reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither BetterWebBuilder.com nor any third party that provides Content to BetterWebBuilder.com will assume or have any liability for any action or inaction by BetterWebBuilder.com or such third party with respect to any submission.

    L.  You agree that you will not copy, disassemble, de-compile, or otherwise reverse engineer the Associate Site or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Associate Site, or take any action contrary to this Agreement.

 

8. Disclaimer of Warranties:

    A.  BetterWebBuilder.com uses diligent efforts to maintain the Affiliate web sites, but BetterWebBuilder.com is not responsible for any defects or failures associated with the Affiliate web sites or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

    B.  THE AFFILIATE WEB SITE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. BETTERWEBBUILDER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    C.  WITHOUT LIMITATION, BETTERWEBBUILDER.COM MAKES NO WARRANTY THAT THE AFFILIATE WEB SITES WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE AFFILIATE WEB SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE AFFILIATE WEB SITES WILL MEET YOUR EXPECTATIONS. BETTERWEBBUILDER.COM SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN PART BY YOUR USE OF THE AFFILIATE WEB SITES, YOUR RELIANCE ON THE INFORMATION CONTAINED IN THE AFFILIATE WEB SITES, OR BETTERWEBBUILDER.COM SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

    D.  BetterWebBuilder.com disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
       
        1. Any errors in or omissions from the Affiliates Web Site and its content, including but not limited to technical inaccuracies and typographical errors,
        2. The unavailability of the Affiliate Web Site or any portion thereof,
        3. Your use of the Affiliate Web Site, or your use of any equipment or software in
        connection with the Affiliate Web Site. Nor does BetterWebBuilder.com warrant, guarantee or make any
        representations regarding the security of your account, or that the Affiliate Web Site is
        free from destructive materials, including but not limited to computer viruses, hackers, or
        other technical sabotage.

     E.  Disclaimer.  You understand that BetterWebBuilder.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.  BetterWebBuilder.com does not assume any responsibility or risk for your use of the Internet.

    F.  The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by BetterWebBuilder.com.  Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment.  Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.     

    G.  YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  The Content is provided “as is” and without warranties of any kind, either expressed or implied.  BETTERWEBBUILDER.COM disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT BETTERWEBBUILDER.COM does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.  BETTERWEBBUILDER.COM does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise.  The content may include technical inaccuracies or typographical errors, and BETTERWEBBUILDER.COM may make changes or improvements at any time.  You, and not BETTERWEBBUILDER.COM, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BETTERWEBBUILDER.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE BETTERWEBBUILDER.COM THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

    H.  All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and BetterWebBuilder.com does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

 

9. Limitation of Liability:

    A.  BetterWebBuilder.com, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BETTERWEBBUILDER.COM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, BETTERWEBBUILDER.COM SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

    B.  BetterWebBuilder.com will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Customers / Affiliates understand and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold BetterWebBuilder.com liable for any of the consequences of such interruptions.

    C.  BETTERWEBBUILDER.COM SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. BETTERWEBBUILDER.COM SHALL HAVE NO LIABILITY WITH RESPECT TO BETTERWEBBUILDER.COM OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF BETTERWEBBUILDER.COM HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.

    D.  IN NO EVENT WILL BETTERWEBBUILDER.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BETTERWEBBUILDER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) USE OF THE AFFILIATE WEB SITE, OR THE INABILITY TO USE THE SITE BY ANY PARTY; OR (B) ANY FAILURE OF PERFORMANCE, OR ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; OR (D) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A COMPUTER VIRUS, OR OTHER TECHNICAL SABOTAGE; OR (E) ANY OTHER MATTER RELATING TO THE AFFILIATE WEB SITE OR OPERATION OF THE AFFILIATE WEB SITE. IN NO EVENT SHALL BETTERWEBBUILDER.COM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE AFFILIATE WEB SITE.

    E.  BETTERWEBBUILDER.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BETTERWEBBUILDER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BETTERWEBBUILDER.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BETTERWEBBUILDER.COM FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

    F.  BETTERWEBBUILDER.COM ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS OR ITS SUPPLIERS, RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETTERWEBBUILDER.COM SERVICE OR ANY INFORMATION PROVIDED ON THE BETTERWEBBUILDER.COM WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BETTERWEBBUILDER.COM OR A BETTERWEBBUILDER.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BETTERWEBBUILDER.COM 'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

    G.  These warranties exclude all incidental or consequential damages.  BetterWebBuilder.com, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss.  Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

10. Indemnification.

    A.  You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend, and hold harmless BetterWebBuilder.com, its parent company, Horizons Marketing and Associates LLC and any subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Affiliate Web Site, your violation of the Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify BetterWebBuilder.com of any unauthorized use of your account or any other breach of security known to you.

    B.  You agree that BetterWebBuilder.com, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, agree to indemnify, defend, and hold harmless BetterWebBuilder.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

    C.  BetterWebBuilder.com agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to BetterWebBuilder.com’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.

    D.  You will indemnify and hold BetterWebBuilder.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

11. Violation of Agreement:.

     A. You understand that if You fail to comply with the terms of this Agreement, BetterWebBuilder.com may, at its discretion, terminate this Agreement. You understand that the failure to timely pay the monthly Paid Affiliate Charges constitutes a breach of this Agreement.

    B.  To the extent permitted by law, BetterWebBuilder.com, its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred to as "associates"), shall not be liable for, and I release BetterWebBuilder.com and its associates from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by me as a result of:

        1. Your breach of this Agreement;

        2. The improper promotion or operation of Your Affiliate Web Sites and any links, banners or activities related to them.

        3. Any incorrect or wrong data or information provided by You.

        4. The failure to provide any information or data necessary for BetterWebBuilder.com to
operate its business.

        5.  Illegal or unethical activities on your part.

   C.  You further agree to indemnify, hold harmless, and defend at my expense BetterWebBuilder.com and its associates against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees and all other expenses arising or alleged to arise in connection with Your Affiliate Web Site and Your promotion of the same.

12.  Affiliate Payment:

A.  You will receive a Commission for generating personal sales of any BetterWebBuilder.com Products. 

B.  If you are a citizen of the United States of America, before you receive commissions, you may first be required to submit your tax identification or social security number for IRS tax purposes.  Information regarding any forms required to receive commissions will be located in your members area of your BetterWebBuilder.com Web Site.

C.
  Specific Product Payout information is available to You at the BetterWebBuilder.com Member’s Area.

D.  Payments are made automatically on or about the twentieth (20th) day of each month for previous month’s sales, when Your account balance reaches $20 or more for the previous months' transactions. Money credited to Your Account does not accrue interest.

E.  In the event of a Refund request from one of your sales, BetterWebBuilder.com may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings.   Gold Affiliates are eligible to earn on 7 levels of Affiliate product purchases and sales.

13. Service and Support: 

A variety of Support Services are available to you in your BetterWebBuilder.com members’ area.

14.  Income Disclaimer:

Earnings Disclaimer: Any earnings statements or income examples are only estimates of what is possible to earn.  While every effort has been made to accurately represent our products and their potential there is no guarantee that you will earn any money using the techniques and ideas in our materials.  Examples in our materials are not to be interpreted as a promise or guarantee of earnings.  There is No assurance that you will do as well as others and you must accept the risk of not doing as well.  


BetterWebBuilder.com products and website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts.  They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.  Any and all forward looking statements here or on any of our sales material, recordings, conference calls, or websites are intended to express our opinion of earnings potential.   Where specific income statements are used, and attributed to an individual or business, those individuals or businesses have, to the best of our knowledge, earned that amount.  Again there is no assurance that you will earn those amounts or do as well as any other individual and you must accept the risk of not doing as well. 

Any claims, representations and testimonials as to income earnings on any BetterWebBuilder.com websites are not to be considered to be average earnings.  Any testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. You may also experience unknown or unforeseeable risks which can reduce results. We are not responsible for your actions.  Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else's, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our materials. There is no assurance that any prior successes or past results, as to income earnings can be used as an indication of success with betterwebbuilder.com.  Internet businesses and earnings derived from them have unknown risks involved, and they are not suitable for everyone, you must accept the risk that you will not do as well as others have done.

You agree that BetterWebBuilder.com is NOT responsible for the success or failure of your business decisions relating to any information relating to our Company, our Products or our Services.   Income results are based on many factors: your background, your business knowledge, your business skills and practices, your personality, timing, changes in Internet practices and regulations.  BetterWebBuilder.com web sites, products and services are for educational purposes only.  The information contained within BetterWebBuilder.com web sites, products and services have been complied through the experience of others.  This is no way should be construed to be a guarantee or assurance of your success. 

We do not purport this as a “get rich scheme”. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned your finances, knowledge and various skills. As these factors differ according to each individual we cannot guarantee your success or income level. Nor are we responsible for any of your actions.  As with any business, your results may vary, and will be based on your background, dedication, desire and motivation. We make no guarantees regarding the level of success you may experience.

We do not promise, guarantee or imply that you (or that your use of our products and services will improve your operation, raise your internet profile, or increase your revenues. As with any business, successful or unsuccessful use of our products will widely vary among our customers depending on many factors, including but not limited to, the customer's skill set, creativity, motivation, level of effort, individual expertise, capacity and talents, business experience, your cost structure and the market in which you compete. We also know that many of our customers will not implement our program. We obviously cannot compel you to use our products. You obviously need to implement our products to find out for yourself the usefulness of what we teach you, and we sincerely hope that you do. Similarly, we provide no assurance that either improved operations or earnings in one month can be duplicated or approached in any other month.

When you start with BetterWebBuilder.com you are qualified to earn commissions as a Silver or Free Affiliate.  We strongly suggest that before you invest any money in advertising, promotion, upgrading to a higher position, or purchasing leads that you completely review all materials, use caution and seek the advice of a competent professional, your accountant, attorney or professional advisor.  You should only use Risk Capital as there are no guarantees of success and you could experience significant losses.  This is one of the primary reasons BetterWebBuilder.com created the Free Affiliate program to minimize your risk and exposure.  Please proceed with caution as there are No Guarantees or assurances that you will: Get Rich, that you will do as well as others, that you will make any money at all, win any incentives or prizes that may be offered.   You must accept the risk of not doing as well as others.

For all these reasons, your purchase and use of our information, products and services should be based upon your own due diligence and judgment on how best to use our products. You should not view our company's products and services as responsible for any success or failure of your business; we provide a tool that you can use to try to improve the operation of your business. Your decision to purchase and use our information, products and services should be based on your own due diligence, and not on any representation that we make to you. We will not be responsible for any success or failure of your business after you implement the information you receive from us. We provide a tool that you can use to try to improve the operations of your business.

  ALL DISCLOSURES AND DISCLAIMERS MADE HEREIN OR ON OUR SITE, APPLY EQUALLY TO ANY PRODUCTS, OFFERS, PRIZES, OR INCENTIVES, THAT MAY BE MADE BY BETTERWEBBUILDER.COM.

15. Force Majeure. 

BetterWebBuilder.com shall NOT be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

16. Entire Agreement.

This Agreement contains the entire contract between BetterWebBuilder.com and You the Customer / Affiliate. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect.

17. Waiver.

Any waiver by BetterWebBuilder.com of any breach of this Agreement must be in writing and signed by an authorized officer of BetterWebBuilder.com. Waiver by BetterWebBuilder.com of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach.

18. Severability.

In the event that a provision of this Agreement is held to be invalid, unlawful, void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.

19. Governing Law, Jurisdiction and Venue.

This agreement will be governed by and construed in accordance with the laws of the State of New York, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in New York, and You consent irrevocably to the jurisdiction of such courts. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing. This agreement is being written in English, which is to be the official language of the contract’s text and interpretation.  If you do not agree with the above terms and conditions, you have the option to not participate in this offer.

20. Acknowledgment.

CUSTOMER / AFFILIATE ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. CUSTOMER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF CONTRACTING SERVICE WITH BETTERWEBBUILDER.COM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

21.  BetterWebBuilder.com reserves all rights to modify these terms at its discretion and without notice. It also reserves all rights not expressly granted here.
Updated3/22/11