ObservePoint.com Terms of Service
The following are the terms and conditions (these "Terms and Conditions") of participating in the ObservePoint.com Member Program (the "Program"). "Member" refers to you. We may also refer to you as "you" or "your" in the possessive. "Site" refers to us. "Site" means a World Wide Web site and, depending on the context, refers either to the ObservePoint.com site, located at the URL www.ObservePoint.com, or to any site that you will link to our site (and which you will identify in your Program application).
ObservePoint.com reserves the right to amend these Terms and Conditions as needed from time to time. You agree that any such amendment will apply to you, the Member. By accepting commissions where applicable and/r continuing to use ObservePoint.com products, Member agrees to these amendments.
SPAM Policy
Sending any e-mail on any subject to anyone or any organization that has not requested this information, without specifically requesting it directly or by giving his or her permission for you to send them information, is prohibited. We do not tolerate members sending junk e-mail. Because of the nature of our service, you may be tempted to profit by sending mass e-mails. Be advised: You may not send unsolicited e-mail. E-mails are much more effective when sent to groups in an e-mail newsletter or other participating in a group program.
Sending junk e-mail advertising of any kind from our website(s) is cause for immediate and permanent termination of your account, including any and all affiliate commissions, where applicable.
We accept and log spamming complaints at our home office. The accumulation of 5 or more complaints to any single e-mail account is grounds for termination.
If you violate this policy and it causes damage or loss to our servers, or causes one (or more) of our web sites to be interrupted from normal service, you will be held liable for actual damages and/or any indirect, incidental, special or consequential damages, such as loss of business.
Supplementation of Information
We may, from time to time, supplement the information we collect online with outside records (e.g., information from our Strategic Partners or from wireless providers) to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.
We are able to offer our services to you, in part, based on your willingness to be reached by our third party advertisers. We may sell our user information and/or join together with other businesses to bring selected opportunities to our members. By allowing us to make the information you supply available to these third parties, you are able to receive free information on products and services that may be of interest to you. We will use contact information from your registration data to send you information about our products and services and to keep you informed of our other products and services that may be of interest to you. This information may also be shared with third party advertisers who may contact you by means of e-mail, telephone or other sources of marketing. We do not control, and are not responsible for, the practices of our third-party advertisers.
By submitting your e-mail address at the Website or the website of one of our marketing partners, and/or obtaining services from us, you agree to receive e-mail or telephone calls or other marketing from us and/or our third-party advertisers notwithstanding a prior decision, made by you, to opt out of this or any other of our or a third party affiliate of ours program, pursuant to the CAN-SPAM Act, you are agreeing to opt back in and to receive marketing materials until you decide to opt-out. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, We retain the right to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website or other advertisement media made available by us (e.g., email marketing), such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR.
Participation in the Program
Your participation in the Program is based on good faith, to wit: that you represent the offers and savings, as delivered to you, correctly. We may terminate your membership in the Program at any time if we determine (in our sole discretion) that your representation and sites whereon you are advertising are unsuitable for the Program. Unsuitable sites include those that:
If we terminate your membership in the Program for any reason, you are welcome to reapply to the Program at any time or contest the termination. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this agreement implicit in thee Terms and Conditions.
Fees and Pricing
Membership fees associated with the Program are monthly. You will automatically be billed a monthly fee according to what package you signed up for and depending on any coupon codes that may have been applied. You will be billed for this (your online membership) using the credit card information you provided.
Customers who join as Members through this Program will be deemed customers of ObservePoint.com and its parent/sister organizations, affiliates, partners or associates. Accordingly, all ObservePoint.com rules, policies, operating procedures, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. Please feel free to call 1-866-407-1021 for any questions concerning your membership.
Limited License
We grant you a nonexclusive, revocable license to use the text or images that we provided to you, that are relevant to your participation in the Program. The limited license is given solely for the purpose of identifying your site from which Members may identify applicable products from the member warehouse to assist in generating membership and affiliate sign-ups. You may not modify the graphic image or text provided, or any other of our images, in any way. We reserve all of our rights in any and all graphic images and texts, any other images, our trade names and trademarks, and all other intellectual property rights that are expressly and/or impliedly granted in this paragraph. We may revoke your limited license at any time by giving you written notice.
Responsibility for Your Marketing
You are solely responsible for the development, marketing, promotion, of any/all member affiliate sites. The success of your marketing efforts, as reflected in the number of sales and affiliate sign-ups, may vary based on current marketing conditions. Any creative materials we provide for marketing and the Program in general carry no guaranteed or successful or profitable results. For example, you will be solely responsible for:
Other
1. Member may not use his or her knowledge, or association with other Members to compete against ObservePoint.com. Also, Members may not enter into an agreement with any company that is connected to, associated with or doing business with the travel, and retail industries. However, Members may partner with companies for the purpose of marketing or selling products from their Member sites. This would include, but not be limited to, Online Auction sites, traffic promotion sites, etc.
2. Member agrees that he or she is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of ObservePoint.com. Member further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of ObservePoint.com.
3. Applications for Member status are subject to approval by ObservePoint.com.
4. Member must be of legal age in his/her state.
5. ObservePoint.com is not responsible for acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish Member's service.
6. Member shall follow ObservePoint.com advertising guidelines and agrees not to misrepresent ObservePoint.com's products or services.
7. ObservePoint.com shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to these terms and conditions or the Program, irrespective if ObservePoint.com has been advised of the possibility of such damages. ObservePoint.com aggregate liability arising under or with respect to these Terms and Conditions and/or the Program shall in no event exceed the total commissions paid or payable by ObservePoint.com under this agreement.
8. ObservePoint.com makes no warranties, expressed or implied, with regard to the Program except as outlined in there Terms and Conditions.
9. In the event that a provision in these Terms and Conditions is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of these Terms and Conditions will remain in full force and effect.
These Terms and Conditions will be governed and construed, to the extent applicable, in accordance with Utah law. The parties hereto consent to exclusive jurisdiction and venue in the courts of Utah County, State of Utah or the United States Federal District Court located in Salt Lake City. The parties further agree not to disturb such choice of forum, and if not resident in such state, waive the personal service of any and all process upon him or her, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.
The following are the terms and conditions (these "Terms and Conditions") of participating in the ObservePoint.com Member Program (the "Program"). "Member" refers to you. We may also refer to you as "you" or "your" in the possessive. "Site" refers to us. "Site" means a World Wide Web site and, depending on the context, refers either to the ObservePoint.com site, located at the URL www.ObservePoint.com, or to any site that you will link to our site (and which you will identify in your Program application).
ObservePoint.com reserves the right to amend these Terms and Conditions as needed from time to time. You agree that any such amendment will apply to you, the Member. By accepting commissions where applicable and/r continuing to use ObservePoint.com products, Member agrees to these amendments.
SPAM Policy
Sending any e-mail on any subject to anyone or any organization that has not requested this information, without specifically requesting it directly or by giving his or her permission for you to send them information, is prohibited. We do not tolerate members sending junk e-mail. Because of the nature of our service, you may be tempted to profit by sending mass e-mails. Be advised: You may not send unsolicited e-mail. E-mails are much more effective when sent to groups in an e-mail newsletter or other participating in a group program.
Sending junk e-mail advertising of any kind from our website(s) is cause for immediate and permanent termination of your account, including any and all affiliate commissions, where applicable.
We accept and log spamming complaints at our home office. The accumulation of 5 or more complaints to any single e-mail account is grounds for termination.
If you violate this policy and it causes damage or loss to our servers, or causes one (or more) of our web sites to be interrupted from normal service, you will be held liable for actual damages and/or any indirect, incidental, special or consequential damages, such as loss of business.
Supplementation of Information
We may, from time to time, supplement the information we collect online with outside records (e.g., information from our Strategic Partners or from wireless providers) to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.
We are able to offer our services to you, in part, based on your willingness to be reached by our third party advertisers. We may sell our user information and/or join together with other businesses to bring selected opportunities to our members. By allowing us to make the information you supply available to these third parties, you are able to receive free information on products and services that may be of interest to you. We will use contact information from your registration data to send you information about our products and services and to keep you informed of our other products and services that may be of interest to you. This information may also be shared with third party advertisers who may contact you by means of e-mail, telephone or other sources of marketing. We do not control, and are not responsible for, the practices of our third-party advertisers.
By submitting your e-mail address at the Website or the website of one of our marketing partners, and/or obtaining services from us, you agree to receive e-mail or telephone calls or other marketing from us and/or our third-party advertisers notwithstanding a prior decision, made by you, to opt out of this or any other of our or a third party affiliate of ours program, pursuant to the CAN-SPAM Act, you are agreeing to opt back in and to receive marketing materials until you decide to opt-out. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, We retain the right to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website or other advertisement media made available by us (e.g., email marketing), such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR.
Participation in the Program
Your participation in the Program is based on good faith, to wit: that you represent the offers and savings, as delivered to you, correctly. We may terminate your membership in the Program at any time if we determine (in our sole discretion) that your representation and sites whereon you are advertising are unsuitable for the Program. Unsuitable sites include those that:
- Promote sexually explicit materials;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities; or
- Violate intellectual property rights.
If we terminate your membership in the Program for any reason, you are welcome to reapply to the Program at any time or contest the termination. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this agreement implicit in thee Terms and Conditions.
Fees and Pricing
Membership fees associated with the Program are monthly. You will automatically be billed a monthly fee according to what package you signed up for and depending on any coupon codes that may have been applied. You will be billed for this (your online membership) using the credit card information you provided.
Customers who join as Members through this Program will be deemed customers of ObservePoint.com and its parent/sister organizations, affiliates, partners or associates. Accordingly, all ObservePoint.com rules, policies, operating procedures, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. Please feel free to call 1-866-407-1021 for any questions concerning your membership.
Limited License
We grant you a nonexclusive, revocable license to use the text or images that we provided to you, that are relevant to your participation in the Program. The limited license is given solely for the purpose of identifying your site from which Members may identify applicable products from the member warehouse to assist in generating membership and affiliate sign-ups. You may not modify the graphic image or text provided, or any other of our images, in any way. We reserve all of our rights in any and all graphic images and texts, any other images, our trade names and trademarks, and all other intellectual property rights that are expressly and/or impliedly granted in this paragraph. We may revoke your limited license at any time by giving you written notice.
Responsibility for Your Marketing
You are solely responsible for the development, marketing, promotion, of any/all member affiliate sites. The success of your marketing efforts, as reflected in the number of sales and affiliate sign-ups, may vary based on current marketing conditions. Any creative materials we provide for marketing and the Program in general carry no guaranteed or successful or profitable results. For example, you will be solely responsible for:
- The accuracy and appropriateness of materials posted on Member sites (including, among other things, all product-related materials);
- Ensuring that materials posted on member sites do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) or violate any city, county, state or federal law;
- Ensuring that materials posted on Member sites are not libelous or otherwise illegal;
- Ensuring that Member sites accurately and adequately disclose, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, how third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, judgment, demands, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your marketing efforts, relative to your participation in the Program.
Other
1. Member may not use his or her knowledge, or association with other Members to compete against ObservePoint.com. Also, Members may not enter into an agreement with any company that is connected to, associated with or doing business with the travel, and retail industries. However, Members may partner with companies for the purpose of marketing or selling products from their Member sites. This would include, but not be limited to, Online Auction sites, traffic promotion sites, etc.
2. Member agrees that he or she is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of ObservePoint.com. Member further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of ObservePoint.com.
3. Applications for Member status are subject to approval by ObservePoint.com.
4. Member must be of legal age in his/her state.
5. ObservePoint.com is not responsible for acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish Member's service.
6. Member shall follow ObservePoint.com advertising guidelines and agrees not to misrepresent ObservePoint.com's products or services.
7. ObservePoint.com shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to these terms and conditions or the Program, irrespective if ObservePoint.com has been advised of the possibility of such damages. ObservePoint.com aggregate liability arising under or with respect to these Terms and Conditions and/or the Program shall in no event exceed the total commissions paid or payable by ObservePoint.com under this agreement.
8. ObservePoint.com makes no warranties, expressed or implied, with regard to the Program except as outlined in there Terms and Conditions.
9. In the event that a provision in these Terms and Conditions is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of these Terms and Conditions will remain in full force and effect.
These Terms and Conditions will be governed and construed, to the extent applicable, in accordance with Utah law. The parties hereto consent to exclusive jurisdiction and venue in the courts of Utah County, State of Utah or the United States Federal District Court located in Salt Lake City. The parties further agree not to disturb such choice of forum, and if not resident in such state, waive the personal service of any and all process upon him or her, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.