The terms of service below
apply to both advertisers and resellers. The term members is interchangeable and applies
equally to Advertisers, Resellers, Associates, and Affiliates.
These terms represent a contract between you and The-Advertising-Gateway and as such the terms
of the contract are fully enforceable by law.
Membership Standards:
An Independent Reseller of The-Advertising-Gateway agrees to always act honestly and fairly in
a way that will enhance the reputation of the Member and The-Advertising-Gateway when
representing The-Advertising-Gateway.
A Member agrees to always offer full support as a sponsor of their personally referred
members and future prospective members. This includes avoiding deceptive or illegal
practices and making untrue claims regarding The-Advertising-Gateway products, services, and
administrative officers.
A Member agrees to not make public projections and claims regarding the income potential
of any member, including themselves and a Member understands that the success of other
Member's may differ substantially and is determined by many variables uncontrollable by
The-Advertising-Gateway.
When promoting The-Advertising-Gateway a member agrees to be respectful of all prospective
Members. This includes respectful acceptance of all prospective Member comments and
questions as well as their privacy concerns.
A Member agrees to be and understands that they are solely responsible for any and all
legal and financial obligations that could result from their The-Advertising-Gateway
Membership. This includes but is not limited to self-employment taxes, income taxes,
sales/use taxes, etc.
A member understands that if they have questions pertaining to any of the legal documents
supporting The-Advertising-Gateway they should contact the Support Team of The-Advertising-Gateway for the most up to date answers to resolve those questions.
Ads placed on the network by members must be...
- Text format only
- Urls must be inserted in the correct places and not where
the copy or heading should be.
- Urls must not contain any frame breakers.
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Membership Details:
An Independent Reseller of The-Advertising-Gateway is required to understand and abide by the
rules, terms, and policies outlined by The-Advertising-Gateway.
The-Advertising-Gateway reserves the right to change their rules, terms, and policies at any
time as they deem appropriate.
The-Advertising-Gateway complies with all federal, state, provincial, and local laws, as well
as all statutes and regulations governing Network Marketing and Internet Advertising and
requires every Reseller to do the same.
Independent Reseller Status:
An individual may become an Reseller by agreeing to comply with all The-Advertising-Gateway Policies and Terms and Conditions. An applicant wishing to become an Reseller or
Advertiser must fill out the appropriate registration form online.
The-Advertising-Gateway reserves the right to reject any person wanting to become an
Independent Reseller or Advertiser,or withdraw the active status of an Independent
Reseller or Advertiser for any reason. Withdrawal of a Member's active status by
The-Advertising-Gateway after any fees have been collected may be refundable at The-Advertising-Gateway discretion, and depends solely on the reason for termination of the Member's
account.
Any personal information collected on the The-Advertising-Gateway registration form will be
retained in accordance with The-Advertising-Gateway Privacy Policy.
Use of Autoresponders:
Members must maintain an active, reachable email address at all times. We recommend gmail.
You can get a free account here http://gmail.com
- Autoresponders are strictly banned from our system and any members found using them will
have their accounts instantly terminated from the The-Advertising-Gateway Network.
Refund Policy & Chargebacks:
Once you have completed any purchase at the The-Advertising-Gateway site, you acknowledge that
you have read the terms of service fully and that you voluntarily agree to be bound by
these terms which include a zero refund policy, and that you expressly agree to forego any
and all refund claims.
The-Advertising-Gateway offers advertising services and makes no claim to suitability or performance.
Results depend on many factors beyond The-Advertising-Gateway control. We simply display your
site to a targeted audience. It is up to your ads sales copy to entice the audience to
click on your website link.
Member Rights:
All active Members are authorized to promote and sell the advertising services of
The-Advertising-Gateway, by advertising their own The-Advertising-Gateway web site, and in doing
this, quality to earn commissions for all advertising sold through their reseller site.
Legal Age:
Members must be of legal age, or age of the majority (whichever maintains precedence) in
the state, province, or country of their primary residence. The-Advertising-Gateway reserves
the right to ask any Member to provide proof of age for any reason.
Multiple Member Accounts:
Members may not have more than one active account in The-Advertising-Gateway. Any and all
information held by The-Advertising-Gateway in a Member's record can be used at the discretion
of The-Advertising-Gateway to determine if a Member has direct ties to more than one account.
The-Advertising-Gateway reserves the right to terminate additional accounts held by the same
Member and the Member him/herself risks immediate termination for violating the
The-Advertising-Gateway Terms and Conditions.
Member Account Names:
A person many not enroll as a Member of The-Advertising-Gateway using a fictitious personal
name or corporate name. The name associated with a Member's account must be their legally
registered name or business/corporate name.
Independent Member Status:
All Members are independent contractors of The-Advertising-Gateway. Membership accounts with
The-Advertising-Gateway are not franchises, joint ventures, or partnerships with The-Advertising-Gateway, unless otherwise specific by the management, nor does any Member count as an
employee, agent, or administrator for The-Advertising-Gateway. Members are strictly prohibited
from stating or implying that they hold or maintain any other type of relationship with
The-Advertising-Gateway. Members, both active and inactive have no authority to bind the
Company to any obligation.
Member Identification:
Members may be required at any time to provide The-Advertising-Gateway with a valid
government-issued tax identification number (or other means of identification as mandated
by the Resellers home domicile tax authority), as well as a current and valid billing and
mailing address, phone number and e-mail address.
This personal information will be used for purposes pertaining to a Members The-Advertising-Gateway account only and will be kept in a secure location by The-Advertising-Gateway.
Failure to provide such requested information and proof that it is current may result in
(a) termination of the Member's The-Advertising-Gateway Membership, (b) forfeiting of any and
all commissions due.
Any penalties or fines that may result from issuing an incorrect tax identification number
or other personal information to The-Advertising-Gateway will be the sole responsibility of
the Member.
Member Advertising and Account Rules:
Exclusive Marketing Territories:
Unless it is implied through formal written documentation by The-Advertising-Gateway, no
Member has exclusive marketing and sponsorship rights over a specific territory. Members
found to be implying such rights risk immediate termination from The-Advertising-Gateway.
Exclusive Marketing Methods:
Unless it is implied through formal written documentation by The-Advertising-Gateway, no
Member has been given the authority to supply other Members with exclusive marketing
material, methods, leads, etc. Members found to be implying such rights, either online or
offline, risk immediate termination from The-Advertising-Gateway.
Member Legal Compliance and Taxation:
It is the Members responsibility to stay informed and comply with all international,
federal, state and/or provincial statutes, laws and regulations, and all local ordinances
and rules concerning all aspects of their The-Advertising-Gateway business. Members are
responsible for their own managerial decisions and expenditures, including taxes. Since no
Member is a The-Advertising-Gateway employee, with respect to any law, statute or rule for
federal or state tax purposes The-Advertising-Gateway is not responsible for payment or
co-payment of any employee benefits and/or taxes.
Members will not be treated as franchisees, joint venturers, partners, employees or agents
with respect to the United States Internal Revenue Code, Social Security Act, any federal,
state and/or provincial unemployment act(s), or any federal, state, provincial or local
laws, statutes, ordinances, rules or regulations. All Resellers are considered to be
Independent Contractors, with status dictating a non-employee status in all foreign
locations.
Confidential Information:
All information found in the Members Only Site is considered proprietary and confidential
and for access by Members only. Information pertaining to other Members on the
The-Advertising-Gateway team must not be shared with non The-Advertising-Gateway Members or any
third party.
Restricted Countries:
Due to legal and tax considerations The-Advertising-Gateway may be forced to exclude residents
of certain countries from becoming an active Member of The-Advertising-Gateway.
Any Member found to be recruiting, targeting advertisements to, training residents of, or
doing any other activity related to building their The-Advertising-Gateway business in
restricted countries risk immediate termination.
Creating a New Member Account:
With one exception Members are strictly prohibited from canceling their active Membership
and rejoining with a different sponsor.
At the discretion of The-Advertising-Gateway, there may be one exception offered to those
Members who clearly accidentally enrolled into The-Advertising-Gateway at the wrong Member's
The-Advertising-Gateway web site.
The-Advertising-Gateway Web Site Materials and Content:
The name The-Advertising-Gateway, all copyrighted material, Intellectual Property,
The-Advertising-Gateway logos, and the names of all Company products and services are the
intellectual property of and owned by The-Advertising-Gateway. Only The-Advertising-Gateway is
authorized to produce and market products, materials and literature under these
intellectual property rights.
Use of the The-Advertising-Gateway name in any manner not approved or authorized by
The-Advertising-Gateway, or without the terms ?Independent Reseller of The-Advertising-Gateway? is prohibited.
Communications and Advertising:
In all written promotional and information content both online and offline pertaining to
The-Advertising-Gateway, Members are permitted to use the The-Advertising-Gateway name as long as
they have received company approval and all information is accompanied by the term
?Independent Reseller of The-Advertising-Gateway?.
Any Member found to be transmitting, displaying, or sharing any form of self constructed
marketing material pertaining to The-Advertising-Gateway including online and offline written
material, endorsements, conducting live interviews, giving speeches, trade shows, etc.
without written consent from The-Advertising-Gateway will risk immediate termination.
Telephone and Fax Solicitation:
Members are prohibited from using the The-Advertising-Gateway name or copyrighted materials
with automatic calling devices, call centers, and fax broadcasts to solicit new business.
E-mail Solicitations:
The-Advertising-Gateway does not condone or tolerate the use of Unsolicited Commercial E-mail
(UCE), Unsolicited Bulk E-mail (UBE) or Spam. All e-mails sent out by a Member to promote
their The-Advertising-Gateway business must fully comply with The-Advertising-Gateway strict No
Spam Policy.
Failure to comply will result in immediate termination of the guilty Member's
The-Advertising-Gateway account with all pending commissions forfeited and no further access
to the Members Only Site.
Income Claims:
No income projections, whether supported mathematically or otherwise, may be made public
to other Members or any prospective Members. No The-Advertising-Gateway Member is permitted to
display their earned commissions as enticement to a prospective Member. Members cannot
guarantee commissions, bonuses, etc., to any other members and this implies a direct
knowledge of another persons ability or lack of ability.
Member Compensation Details:
Payment Options:
Prospective Members of The-Advertising-Gateway are required to first attempt their purchase
using a credit card. If the purchase fails an option to purchase via eCheck will be
displayed.
Future Payments:
In the event that a monthly payment option is declined for up to three (3) attempts,
failure to resolve the non-payment will cause a Members account to be cancelled.
Price Changes:
All The-Advertising-Gateway services are subject to change without prior notice. Current
prices for all The-Advertising-Gateway products can be found on the The-Advertising-Gateway web
site.
Membership Cancellation:
A Member may voluntarily terminate his/her Reseller status by clicking the ?Cancel
Membership? link at the bottom of any page in the Members Only Site and following the
simple instructions.
Voluntary termination is effective immediately when a Member follows through with the
cancellation procedure in the Members Only Site and is issued a ?Cancellation
Code?. The code is to be kept on file by the cancelled Member and by The-Advertising-Gateway as proof that the account was cancelled in case of future disputes or questions
related to billing.
A Member who voluntarily terminates his/her Membership may establish a new Membership
immediately as long as they retain the same sponsor for their new account.
A member wanting to establish an account with a new sponsor must wait three (3) months
from the date of voluntary termination before making a new Membership.
Suspension/Termination:
A Member may be suspended, terminated or have certain privileges revoked for violating the
terms and/or policies outlined by The-Advertising-Gateway. Any discipline applied to a Member
account is at the sole discretion of The-Advertising-Gateway.
Suspended Members may not represent him/herself as a The-Advertising-Gateway Reseller. All
access to the Members Only Site and automated marketing system will be denied. The
suspension period shall be no less than 15 days and the duration is at the discretion of
The-Advertising-Gateway only. Any commissions or bonuses due may be held by The-Advertising-Gateway for the duration of the suspension and pending resolution of any issues relative to
the suspension. Suspensions take effect immediately upon notification of suspension being
sent by The-Advertising-Gateway.
Effect of Termination:
In the event that a Member is terminated by The-Advertising-Gateway for violation of the terms
and/or policies, effective as of the date of such termination, the Reseller can no longer
sell The-Advertising-Gateway products nor can they sponsor other new Resellers. The terminated
Reseller also loses all rights to future sales commissions, bonuses and access to the
Members Only Site.
Payment Method:
The-Advertising-Gateway pays Member commissions via PayPal and AlertPay. It is
incumbent on the member to enter their payment details in their member profile area when
joining in order to be paid commissions. The-Advertising-Gateway will not chase a member who
fails to enter their payment details and a member risks losing their commission by not
entering this information.
Commission Payment Schedule:
Member commissions are paid on the 1st and 15th of each month 15 days.
Membership Agreement:
Amendments and Modifications:
The-Advertising-Gateway reserves the right to amend any The-Advertising-Gateway governing
documents, Policies, Procedures, Terms and Conditions, company web sites, etc. at any
time, as the Company in its sole discretion deems appropriate.
Changes are considered effective and binding on all Members as of the date of them being
presented live on the The-Advertising-Gateway web site. Member who continue to participate in
any The-Advertising-Gateway program, after such amended policies have been published and/or
after being notified by The-Advertising-Gateway or otherwise becoming aware of such
amendments, shall be deemed to have accepted and agreed to any such amended policies,
terms and requirements.
Non-Waiver Provision:
No failure, delay or omission of The-Advertising-Gateway to exercise any right, power or
provision contained within the The-Advertising-Gateway Policies and Procedures shall
constitute a waiver of The-Advertising-Gateway right to demand exact compliance with all terms
and provisions contained within the The-Advertising-Gateway Terms and Conditions on future
defaults by any member.
Indemnity Agreement:
In consideration for receiving The-Advertising-Gateway services and/or for participating in
any The-Advertising-Gateway programs such as the affiliate program or contests, each Member
agrees to indemnify and hold harmless The-Advertising-Gateway, its parent company JAM
Marketing Inc., it's shareholders, general/limited partners, successors, employees,
agents, attorneys, officers and directors in any corporate or other business capacity from
and against any and all demands, liabilities, losses, costs, penalties, obligations,
interest, damages and expenses of whatever nature or kind, including without limitation
attorneys fees (including both outside and in-house counsel), and all other expenses,
related to or arising from participation in any The-Advertising-Gateway program.
This indemnity specifically extends to include without limitation any actions, results,
causes of action or allegations in connection with (i) any Resellers The-Advertising-Gateway business and its affiliates activities as a The-Advertising-Gateway Reseller; (ii) any breach
of any terms, policies and conditions agreed to by the Reseller and/or contained in any
The-Advertising-Gateway Policies and Procedures, or; (iii) violation of any federal, state,
provincial and/or local law, statue, ordinance, rule or regulation.
Entire Agreement:
All The-Advertising-Gateway Terms and Conditions and Policies, as well as all other
The-Advertising-Gateway governing documents, are hereby incorporated into a Members Membership
with The-Advertising-Gateway. These together constitute the entire agreement of The-Advertising-Gateway and any Member regarding their business relationship, and supersedes and cancels all
prior and contemporaneous agreements, claims, representations and understandings, oral
and/or written, by or of the parties in connection with the subject matter hereof.
Severability:
If, under any applicable and binding law or rule of any applicable jurisdiction, any
provision of these Terms and Conditions and Policies, or any specific standard or
operating procedure which The-Advertising-Gateway has prescribed, is held to be invalid or
unenforceable, The-Advertising-Gateway shall have the right to modify the invalid or
unenforceable provision, specification, standard or operating procedure or any portion
thereof to the extent required to be valid and enforceable. The parties shall be bound by
any such modification, and the modification will be effective only in the jurisdiction(s)
in which it is required. Notwithstanding any such modification, if any provision of the
The-Advertising-Gateway Terms and Conditions shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the remainder of the
The-Advertising-Gateway Terms and Conditions and Policies, and shall not affect the validity
and enforceability of any remaining provisions, nor shall it affect any other standard and
operating procedures which The-Advertising-Gateway has prescribed.
The-Advertising-Gateway Liability:
To the extent permitted by law, The-Advertising-Gateway shall not be liable for, and all
Members release The-Advertising-Gateway from and waive all claims concerning, any loss of
profits, any special or consequential damages, or any other losses incurred or suffered by
any Reseller and/or Subscriber as a result of: (a) the breach by the Reseller and/or
Advertiser of the terms and conditions specified in any The-Advertising-Gateway Terms and
Conditions or Policies and/or (b) the failure by a Reseller or Advertiser to provide any
information or data required by The-Advertising-Gateway to operate its business and/or to
conform to applicable laws; and/or (c) any incorrect or falsified information provided,
intentionally or not, by any Reseller, Advertiser, or by any agent or authorized
representative of any such Member.
No Agency or Third-Party Beneficiary:
The-Advertising-Gateway is not the agent, fiduciary, trustee or other such representative of
any Member. Nothing expressed or mentioned in or implied from these Terms and Conditions
is intended to be construed to give to any person other than the parties hereto any legal
or equitable right, remedy or claim under or in respect to this Agreement. This Agreement
and all of the representations, warranties, covenants, conditions and provisions of these
The-Advertising-Gateway Terms and Conditions are intended to be and are for the sole and
exclusive benefit of The-Advertising-Gateway and the agreeing Member.
Jurisdiction and Applicable Laws:
The exclusive jurisdiction for any claim, controversy, lawsuit or resolution of any matter
relating to or arising under any The-Advertising-Gateway Terms and Conditions or Policies
shall be the state of New York. The laws of New York govern this Agreement and all of its
terms and conditions, without regard to any conflict of laws principles.
Arbitration:
Except as noted herein, any dispute, controversy and/or claim arising out of or relating
to The-Advertising-Gateway, the The-Advertising-Gateway business opportunity, The-Advertising-Gateway
products , and/or any rights and obligations of a Member, or any other claims or causes of
action relating to the performance under these Agreements by either The-Advertising-Gateway or
any Member and/or a Members purchase of The-Advertising-Gateway products shall be submitted
exclusively before binding arbitration, with hearings to be held in New York City, or such
other location as The-Advertising-Gateway may designate in its sole discretion.
Each party to the arbitration shall be responsible for its own costs and expenses of
arbitration, including legal and filing fees. The decision of the arbitrator shall be
final and binding on the parties and may be reduced to judgment in any court of competent
jurisdiction. This agreement to arbitration shall survive any termination or expiration of
the Member Agreement. Notwithstanding the foregoing, the arbitrator shall have no
jurisdiction over disputes relating to the ownership, validity or registration or any mark
or other intellectual property, or any confidential or proprietary information belonging
to or held by The-Advertising-Gateway, without The-Advertising-Gateway pot prior written consent.
The-Advertising-Gateway may seek any applicable remedy in any appropriate forum with respect
to disputes and any money owed to The-Advertising-Gateway. In addition to monetary damages,
The-Advertising-Gateway may obtain injunctive relief in any appropriate jurisdiction against
any individual for any violation(s) of The-Advertising-Gateway Terms and Conditions and
violation or misuse of them and all governing documents of The-Advertising-Gateway. |