FIGresponder.com Member Policies
Completion and submission of your online or offline enrollment indicates your agreement to the following Terms and Conditions as a Customer.
--AGREEMENT TO MONTHLY SUBSCRIPTION FEE FOR SERVICES
The tools of FIGresponder.com, are provided to all Customers by virtue of a monthly subscription fee. The cost of this subscription fee shall be posted and accessible in appropriate places on the FIGresponder.com corporate website (http://www.FIGresponder.com).
--INDEPENDENT CONTRACTOR STATUS
At no additional charge, Customers may elect to register as an Independent Affiliate (IA) of FIGresponder.com. IA's earn commissions on sales of services offered by FIGresponder.com as described on the FIGresponder.com corporate web site.
Becoming an IA is not a requirement to use the tools and services provided by FIGresponder.com. Monthly payment of the subscription fee and compliance with these policies are the only requirements for access to FIGresponder.com's tools and services.
As an IA of FIGresponder.com, you agree that you are operating as an independent contractor and are not subject to withholding, nor entitled to any other benefits, entitlements, or accommodations other than those legally provided for in the compensation plan.
All liabilities for taxes, record keeping, reporting of state, national, or local taxes and/or licenses will be the sole responsibility of the IA.
--NO GUARANTEE OF INCOME.
As an Independent Affiliate (IA) you attest and verify that neither FIGresponder.com (FIGresponder), nor any of its affiliates have guaranteed or implied any income, whatsoever. Such income as may be received by you as an Independent Affiliate will be solely based upon the sale of FIGresponder.com tools and services as described in the corporate web site.
You also do hereby attest and verify that you will make no claims of income, or guarantee of income, either directly or indirectly, but will allow the corporate description of the FIGresponder.com compensation plan to suffice in all descriptions and explanations of potential income to prospective IA's.
--NO UNSOLICITED COMMERCIAL EMAIL
Customers and Affiliates are strictly prohibited from sending any unsolicited commercial email (also known as "Spam" or "UCE").
Any Customer electing to manually add subscribers for use of any services of FIGresponder.com are required to have a prior relationship, permission, or approval to add these subscribers. Customers will be held directly responsible for any complaints arising from subscribers added to their system. The transmission from outside sources of ANY unsolicited commercial email (UCE) containing links to, direct reference to, or forging headers to appear as originating from, any FIGresponder.com servers or referencing any FIGresponder.com service, offering, or web site address shall also be considered a violation of this policy.
For information regarding Anti-Spam / UCE laws, visit http://uscode.house.gov/download/pls/15C103.txt.
Any Customer found to be violating this policy will have their account terminated, without refund, and without recourse.
Any attempt to modify, bypass, or circumvent the policies and practices of FIGresponder.com in regard to how Email is processed in theory, practice, or application will result in termination of the offending account.
--NO ADULT, ILLEGAL CONTENT ACCEPTED
All services provided by FIGresponder.com may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. Customer agrees to indemnify and hold harmless FIGresponder.com from any claims resulting from the use of the service that damages Customer or any other parties.
Pornography and sex-related merchandising are prohibited on any FIGresponder.com server. FIGresponder.com will be the sole arbiter as to what constitutes a violation of this provision and will have the legal right to assess a $100 per hour charge (with a one hour minimum) for the location and removal of such material or information. Such charges will be applied to the Customer's payment information on file.
-- OTHER PROHIBITED ACTIVITIES
Customers are prohibited from transmitting on or through any of FIGresponder.com's services, any material that is, in FIGresponder.com's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Customer agrees that FIGresponder.com has the right to delete all data, files or other information that is stored in the Customer's account if the Customer's account is terminated, for any reason, by either FIGresponder.com or the subscriber.
Importing or in any way using purchased leads with FIGresponder.com is strictly prohibited. If you harvested, received, or in any way purchased a group of pre-existing leads such leads may not be used with FIGresponder.com. This includes co-registration services, "safe lists" or any type of free leads given to you. Only people that have specifically requested information directly from you may be emailed thru FIGresponder.com
Activity deemed to be abusive in any manner at the sole discretion of FIGresponder.com will result in account termination. This includes, but is not limited to, unusually high volume of subscription requests which do not confirm their request.
Once any subscriber removes themself from any Customer's autoresponder, they are deemed to no longer be held in trust by that Customer and may be presented with additional or alternative offers upon being removed from Customer's autoresponder campaign(s).
--ACCOUNT CANCELLATION AND/OR TERMINATION
Any FIGresponder.com Customer may cancel his or her account at any time by using the "Cancel Account" link found under "Review Profile" in the FIGresponder.com Back Office at http://www.FIGresponder.com/login.html. Alternately, any Customer may issue their cancellation request, in writing, to the address below.
FIGresponder.com will have no less than 10 days to fulfill such request. Such request shall be deemed to be received and fulfilled when processed and subsequently verified by our staff.
Upon termination of a Customer's account, whether by Customer or FIGresponder.com, all downline information, payment information, etc. will be removed from the system. Any pending commissions due to IA will be retained by FIGresponder.com.
In the event that a cancellation request is received and/or fulfilled after the monthly debit has been initiated, FIGresponder.com will not be able to issue a refund. Cancellation requests should be sent in well in advance of the next scheduled debit date.
FIGresponder.com may terminate Customer accounts at any time, with or without notice, for conduct that violates these guidelines, or for any other reason in our sole discretion, and may terminate Customer accounts and delete any and all Customer information for conduct that Company believes is harmful to the business of FIGresponder.com, or any of its Customers or partners.
FIGresponder.com shall initiate debits or request payment for subscription fees to Customer's account on a monthly basis. Customer is responsible for providing and maintaining up-to-date payment information. FIGresponder.com will not be held liable should Customer's payment information become outdated, invalid, or inaccessible for any reason.
Accounts are in default if the payment information on file becomes outdated, invalid, or inaccessible. Subscription renewals are due by 10am Central Time (US) on the specified billing date. Accounts that are not paid for by 10am on the specified billing date will be deactivated.
Once an account is deactivated for any reason, all files, information, and settings on Customer's account will be held for a period of ten (10) days from the date the account goes inactive or into default for any reason. If new and valid payment information is not received within 10 days, the account will be terminated and all files, information, and settings will be deleted. If the Customer wishes to use the services again, they will be required to re-enroll as a new customer.
FIGresponder.com reserves the right to specify what form of payment shall be accepted for IA's account and may disallow any particular form of payment based on previous experience with the Customer.
Customer assumes sole responsibility to maintain his/her profile in current order with FIGresponder.com including mailing information, email address, payment information, etc.
FIGresponder.com pays commissions to qualified IA's based on the bona-fide sale of FIGresponder.com services to end-users. FIGresponder.com does not pay commissions based on recruiting other Affiliates. The use of Guaranteed Signups or Incentivized Signups programs is strictly prohibited. Qualifications for receiving commissions are listed on the corporate web site.
To be eligible to receive commissions, IA must have an ACTIVE account in good standing at the time commissions are calculated. "Good Standing" refers to an account that is upgraded to paid status, not in violation of any of our policies, and has valid payment information on file. Earned Commissions will be paid to qualified IA's via check or online payment processor. If IA is using a credit card to pay for their monthly subscription, commissions will be mailed via check. If IA is using an online payment processor to pay for their monthly subscription, commissions will be remitted via that same processor.
Online Payment Processing options are provided as a benefit/courtesy to IA. FIGresponder.com assumes no responsibility for the actions, reliability, or accessibility of any online payment processor chosen by IA. Once commissions are sent to IA's online payment processor account, said commissions will be deemed to have been paid in full without recourse to FIGresponder.com for any reason whatsoever.
Monthly Regular Commissions are calculated at midnight on the last day of the month and remitted to qualified IA's on or around the 15th of the month following the sales activity. Commissions are issued in US Dollars.
Bona-fide new sales activity is defined as a new active account which is opened by a new Affiliate or Customer with valid and unique payment information on file. Members and/or household members are allowed to hold duplicate accounts. Duplicate accounts will not be counted toward Leadership Bonus calculations or Level Advancement.
During any period in which IA has accrued or earned commissions, a $1.00 processing fee will be assessed and deducted from commissions to offset the administrative costs of processing those commissions. This fee will not be assessed during a period in which IA has not accrued or earned commissions.
To further facilitate accounting and mailing costs, FIGresponder.com sets a minimum check amount of $25.00 (USD) for monthly commissions. If the IA has not generated sufficient commissions in the month to exceed this minimum, these earnings will be withheld (rolled over) to the next month and so on, until the total amount exceeds this minimum level. At the discretion of the IA, this minimum may also be adjusted to a larger amount ($50, $75 or $100 USD). Money earned by the IA that has not been paid-out to the Affiliate does not accrue interest during this withholding period.
In the event that an IA's account is terminated by either the company or the IA, IA will forfeit any claim to previously accrued commissions.
Lost or destroyed checks will be replaced by FIGresponder.com if written notice is received by FIGresponder.com within 90 days of the check being issued. Replacement checks will be issued only after such time has passed to verify that the check has not been presented to our bank(s) and will be assessed a $35 stop payment fee as well as a $10 check re-issue fee. Checks presented for payment beyond 90 days of issue will not be honored.
If an IA's account is inactive for any reason when commissions are calculated, IA forfeits any claim to commissions for that commissions cycle.
--NOTIFICATION and COMMUNICATION
Customer agrees to accept all communication from FIGresponder.com Corporate offices in the form of email communication, at the email address listed in Customer's profile. Such communication shall include, but not be limited to billing statements, commission reports, collections, record keeping, etc.
All postal correspondence should be directed to:
PO Box 246
Loves Park IL 61111
FIGresponder.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. FIGresponder.com also disclaims any warranty of merchantability or fitness for a particular purpose. FIGresponder.com will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by FIGresponder.com's negligence or the subscriber's errors or omissions. Use of any information obtained via FIGresponder.com is at your own risk. FIGresponder.com specifically denies any responsibility for the accuracy or quality of information obtained through its services.
ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the State of Illinois and the United States.
These Terms and Conditions, last modified on August 17, 2014 supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of FIGresponder.com customer services constitutes acceptance of these Terms and Conditions.
FIGresponder.com enforces a strict
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