TLV

« Friday, May 26, 2017 »

 

Terms And Conditions

  1. This agreement establishes the terms and conditions of membership in "The List Virus Private Group Membership", (herein referred to as 'the Membership') provided by Archimedes Lever LLC, and provided to a Subscriber (herein referred to as 'the Member'). The Member herby agrees to the following terms and conditions.
  2. Membership consist of access and use of content contained in a members only website that from time to time may contain one or more of the following . Software, audios, videos, written materials, membership forum, access to teleconferences, webinars and coaching calls. Archimedes Lever LLC, provides all content, live or recorded, on an as-is basis, and Member agrees to hold harmless Archimedes Lever LLC for any information contained in the Membership.
  3. Member agrees to the following payment arrangement for access to the Membership. A new Member is charged $1.00 for the first month of access to the Membership, and $47.00 per month for each month following. The Member may cancel their Membership at any time, without cause at least 48 hours prior to the next billing cycle, and incur no further charges.  In addition, Member agrees that there are no partial refunds for monthly fees incurred, and that it is the Members responsibility to cancel their Membership, by logging to the members login area, clicking on the Help Desk and opening a new support ticket requesting to cancel. Emails, phone calls, or any other means of communication do not constitute a request for cancellation, and Member agrees to take full responsibility for canceling their own subscription from within their members area. Member also agrees that no full or partial refunds will be issued due to the failure of the member to cancel their subscription prior to any given billing date. Should a Member choose to cancel their subscription in the middle of a billing cycle, their membership will be active until the end of the current billing cycle.
  4. Payment for services to Archimedes Lever LLC must be made in US Dollars. Charges for services at The List Virus are processed by Royal Responder, Inc and Verisign Merchant Systems. It is the Members responsibility to make certain the billing information for each monthly billed account is kept current. If billing data is not kept current, Members account will be frozen upon payment failure and will be deleted after 30 days of none-payment. Member agrees that Archimedes Lever LLC has the right to freeze an account upon payment failure, or delete Member account, and all data associated with Member account, if payment is not received 30 days after it is due. An active subscription is required for the account to be active. Member agrees that Archimedes Lever LLC. is not responsible for over-draft charges that may occur when processing charges against your account. It is the owners responsibility to make certain funds are available to cover the monthly recurring charges.
  5. Affiliate Stipulations and Agreements:

      A) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

      B) Payments and Commissions: TheListVirus.Com will pay the Affiliate a 25% commission for each qualifying sale. Qualifying sales are those that result from visitors accessing our site via your unique affiliate web address (URL). When a visitor accesses your unique affiliate URL, your affiliate ID will be included in the order data. Commissions are paid for all orders containing your affiliate number as the referral source.

      Commissions will be paid by TheListVirus.Com for each billing cycle ( billing cycle = calender month ), after the first day of each month for the month prior to the last month. Example: Commissions earned in the month of June will be paid after August 1st. This allows a full 30 days between day of sale and commission awarded. If this payment schedule changes, TheListVirus.Com will notify all affiliates via email outlining the changes. Commission's will be paid in amounts of $25.00 or more. Commissions earned will roll forward to future pay periods and will be paid once commissions accumulate to $25.00 or more. Commissions are paid via Pay Pal, if a Pay Pal email is provided in affiliate login area, or via check mailed to affiliate address on record. It is the affiliate's responsibility to maintain accurate mailing data in their account. No affiliate commissions will be paid to US Citizens until we have your SSN or EIN number and receive your signed and completed W9 IRS tax form.

      The TheListVirus.Com Affiliate Program is not limited to U.S. residents, however, all payments will be made in U.S. dollars.

      If an affiliate sale is canceled or refunded, the related commission already earned will be deducted from the next qualified ( or more) affiliate payment.

      All Affiliates are responsible for their own local, state, or country taxes. No affiliate of The TheListVirus.Com is considered to be an employee. The relationship between TheListVirus.Com and Affiliate established by this Agreement is that of independent contractors.

      This agreement may be terminated at anytime by TheListVirus.Com or the affiliate. If terminated, for any reason, commissions earned at the time of cancellation, for the current pay period, and previous pay periods, will be paid in the next month's payment cycle. If affiliate violated any of the rules of this agreement, unpaid commissions earned prior to cancellation may be forfeited by the Affiliate.

      C) Affiliate Web Address: Qualified affiliates must also be a TheListVirus.Com owner. You can not earn affiliate commissions unless you are an active account owner. Immedaitely after purchase of The List Virus, affiliate will be issued a unique web address, called the Affiliate URL. The affiliate URL allows TheListVirus.Com to track visitors from your site so that commissions are paid correctly. Affiliates may see additional tracking systems at use on TheListVirus.Com, but are not authorized to use affiliate URL's other than the one issued at time of signup. Affiliate may link to TheListVirus.Com in numerous ways, such as a banner, text link (email), and full web page.

      TheListVirus.Com reserves all rights with respect to its trademarks, but affiliates may use the trademarks in their marketing efforts so long as they are not misrepresented, defamed or associated with any distasteful content.

      Affiliate is solely and completely responsible for insuring that their Affiliate Web Address is setup properly to track for commissions. The TheListVirus.Com is NOT responsible for Affiliate Web Addresses that are coded incorrectly on an affiliates website, nor are we responsible for incorrect use of the Affiliate Web Address in email marketing efforts. The affiliate is highly encouraged to test ALL links used on personal websites and emails to insure the link is accurate and functional.

      Affiliate is forbiden from sending unsolicited email or SPAM email to promote their affiliation with the TheListVirus.Com. This activity will result in immediate termination of your affiliate account, forfeiture of any pending commissions, and possible legal action as a result of violating the TheListVirus.Com Affiliate Agreement.

      D) Disclaimer: TheListVirus.Com will do everything under its power to ensure that affiliates are paid commissions for all sales resulting from visitors to your unique affiliate URL. TheListVirus.Com is not responsible for limitations of the visitors computer, technical problems, malicious acts by third parties which may disrupt service, or any other event outside our reasonable control which may temporarily hinder our ability to track affiliate sales.

      E) Customer Privacy: In an effort to protect our customer's privacy, we cannot provide customer names and contact information to affiliates. Affiliates are provided with sales data via email after each sale. This email notice will contain the price of the sale and the commisions earned. See full Privacy Statement

      F) Limitation of Damages: TheListVirus.Com will not be liable for indirect, special or consequential damages, or any loss of revenue, profits, or data, resulting in connection with this Agreement, even if TheListVirus.Com has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

      Affiliate agrees that TheListVirus.Com is not responsible for tracking errors that occur which are beyond our reasonable control. Affiliate understands that tracking systems are not perfect and that they are never 100% accurate. However, TheListVirus.Com will do everything in its power to ensure accurate tracking of affiliate commissions.

      G) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

      H) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

  6. The Member agrees to waive liability of Archimedes Lever LLC, and its affiliated companies, from any claims resulting from misuse of the Membership. Member agrees to defend, indemnify and hold harmless Archimedes Lever LLC,and its affiliated companies, from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement. The Membership may only be used for lawful purposes.

  7. The Member is completely and totally responsible for money owed to subscribers through the 'pay per subscriber' system at The List Virus. The Member agrees to pay the subscribers any commissions earned. The List Virus is not responsible for non-payment of the Member.
  8. Members must adhere to the CAN-SPAM (Bill S. 877 - took effect on January 1, 2004).
  9. It is the Members responsibility to cancel their account 48 Hours before monthly billing occurs to avoid additional charges. If you wish to cancel your Membership, simply login to your Members area, click on Help Desk and open a new support ticket stating you wish to cancel the subscription. You can NOT cancel your account via email or by phone.
  10. Member agrees that Archimedes Lever LLC shall have the right to FREEZE a Membership account at any time. Archimedes Lever LLC reserves the right to FREEZE Members account(s) due to, but not limited to: non-payment, spam complaints, illegal activities, or non-compliance with this service agreement.
  11. Archimedes Lever LLC reserves the right to suspend functionality of the Membership due to, but not limited to: misusing of Membership for illegal or unethical practices, or non-compliance with this service agreement.
  12. Member understands that a valid email address is required by Archimedes Lever LLC for this service. Archimedes Lever LLC will NOT give your email address to any 3rd party. Any correspondence sent to you comes directly from Archimedes Lever LLC and its affiliated companies.
  13. Archimedes Lever LLC makes no warranties of any kind for the Membership it provides, whether expressed or implied. Archimedes Lever LLC will not be held liable for any damages suffered to owner, including, but is not limited to: loss of data resulting from delays, non deliveries of email, mis deliveries of email, or Membership outages caused by Archimedes Lever LLC negligence. Archimedes Lever LLC. will not be held liable for any damages suffered to owner by use of the information contained on the site.
  14. Archimedes Lever LLC. reserves the right to send periodic promotional offers (via email) to Members.
  15. Archimedes Lever LLC DOES NOT WARRANT THAT THE MEMBERSHIP WILL BE ERROR FREE OR UNINTERRUPTED. THE MEMBERSHIP IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. Archimedes Lever LLC. WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE MEMBERSHIP. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Archimedes Lever LLC FROM ANY CLAIMS RESULTING FROM YOUR USE OF MEMBERSHIP. YOU EXPRESSLY AGREE THAT USE OF MEMBERSHIP IS AT YOUR SOLE RISK. NEITHER Archimedes Lever LLC NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE MEMBERSHIP.
  16. Should any paragraph of this agreement be considered illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining paragraphs of this agreement shall remain unaffected thereby unless otherwise stated.
  17. Promotional Offers and One-Time Offers are valid for new customers only. Existing customers do not qualify for these offers. If The List Virus ever lowers our regular monthly fee, we will lower the fees for all account owners. If we ever raise our fees, your rate will remain at the amount of original purchase.
  18. This service agreement is governed by the laws of the state of Texas and of the United States of America.
  19. These Terms and Conditions supersede all previous written, verbal or implied provisions. Use of Archimedes Lever LLC Membership constitutes acceptance of these Terms and Conditions. Archimedes Lever LLC reserves the right to make changes and amendments to these terms and conditions at any time. Archimedes Lever LLC. agrees to notify account owners of any changes or amendments by email OR by posting changes on this page.
 
 
Home | Order | Contact Us | About Us | Refer | Login





Copyright © 2006 - 2009 The List Virus     
 

Site Development by Todd N. Thompson