Affiliate Agreement

IIntroduction Welcome to the "No More 9 To 5 Club" Affiliate Program. By registering and participating in our affiliate program, you agree to the terms and conditions outlined in this Affiliate Agreement ("Agreement"). Definitions: The parties referred to in this Agreement shall be defined as follows: a) "Company," "us," "we": As we describe above, we will be referred to as the Company, us, we, our, ours, and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company. b) "You," the Affiliate: You will be referred to as the Affiliate. You will also be referred to throughout this Agreement with second-person pronouns such as you, your, or yours. c) "Parties": Collectively, the parties to this Agreement (the Company and you) will be referred to as Parties or individually as Party. d) "Affiliate Program": The program we've set up for our affiliates, as described in this Agreement. e) "Affiliate Application": The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program. f) "Website": The primary website we've noted above will be referred to as Website. Acceptance of Terms By clicking "I Agree," you acknowledge and agree to comply with this Agreement. 1. Affiliate Obligations 1.1. As an Affiliate, you are required to promote our services/products ethically. 1.2. Making false or misleading representations about our services/products is prohibited. 1.3. You must comply with all applicable laws and regulations. 2. Commission Structure All memberships, Basic and Professional: Membership Tier 1: All Affiliates, regardless of their membership level, earn a 33 percent commission for each sale of any membership made through their unique referral link. Professional Membership Additional Tier: Tier 2: Professional Members earn an additional 33 percent commission on sales made by affiliates they have referred to the program (their "Tier 2 Affiliates"). Higher Ticket Offers Tier 1: Affiliates earn a 10 percent commission on high-ticket items sold through their link. Tier 2: Professional Members earn a 2 percent commission on high-ticket items sold by their Tier 2 Affiliates. Payment Terms Commission payments will be made according to the payment schedule outlined in this Agreement. 3. Intellectual Property 3.1. Affiliates are granted a limited, non-exclusive right to use our trademarks and branding for promotional purposes under this Agreement. You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company. Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company's IP solely and exclusively in conjunction with identifying our Company and brand on the Affiliate site to send customers to the affiliate links. You may not modify the Company's IP in any way, and you are only permitted to use the Company's IP if you are an affiliate in good standing with us. We may revoke this license at any time, and if we find that you are using the Company's IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement. Other than as provided herein, you are not permitted to use any of the Company's IP or any confusingly similar variation of the Company's IP without our express prior written permission. This includes a restriction on using the Company's IP in any domain or website name, in any keywords or advertising, in any meta-tags or code, or in any way that is likely to cause consumer confusion. Please be advised that your unauthorized use of any Company's IP shall constitute unlawful infringement, and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs. You hereby provide us a non-exclusive license to use your name, trademarks, and service marks (if applicable), and other business intellectual property to advertise our Affiliate Program. 4. Term and Termination 4.1. This Agreement remains effective until terminated by either party. 4.2. Termination can occur at any time, with or without cause. 5. Confidentiality 5.1. Affiliates must keep any proprietary information received confidential. 6. Limitation of Liability 6.1. We will not be liable for indirect or incidental damages related to this Agreement. 7. Indemnification 7.1. You agree to defend and indemnify the Company and any of its agents, if applicable, and hold us harmless against any and all legal claims and demands, including reasonable attorneys' fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense if the Company wishes. 8. Modifications 8.1. The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior effective version of this Agreement shall be considered enforceable and valid to the fullest extent. b) You agree to routinely monitor this Agreement and refer to the effective date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. 9. Governing Law 9.1. The laws of the State of Florida govern this Agreement, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed, and that venue properly lies, only in the state or federal courts located in Palm Beach County, State of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Agreement: By clicking "I Agree," you confirm your understanding and acceptance of the terms and conditions of this Agreement. [ ] I Agree


Terms Of Service

This website (the "https://thenomore9to5club.org/") is operated by The No More 9 to 5 Club. The following Terms and Conditions govern your use of this website and provide important information about your responsibilities, our liability, and your rights.

Acceptance of Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

Use of the Website

User Conduct:

You agree to use the website only for lawful purposes. You agree not to use the website in a way that is misleading, deceptive, or fraudulent. You must not make false or misleading representations about yourself, your qualifications, or your intentions.

Intellectual Property:

The content on this site, including text, graphics, images, and other material, is protected by intellectual property laws.

The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.

Linking

Links to third party web sites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third-party sites (if any) and do not control and are not responsible for any of these web sites and their content. We do not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them. If you access any third-party web sites linked from this Site, you do so at your own risk.

User-Generated Content

Users may post and exchange content or information. You agree to be solely responsible for your content and the consequences of posting or publishing it.

Content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable is not permitted.

Submissions: For purposes of these Terms of Use, the word "Submissions" means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Site.

We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our members a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.

By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct below and all other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use. You agree that you shall not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Accounts: Some services on this Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site.

We may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.

Public Forums and Communication: "Public Forum" means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.

You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.

Rules of Conduct

The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:

(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;

infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;

is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site; or

(a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming", "spamming", "flooding", "trolling", and "griefing", as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Removal of Submissions: We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

International

The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws.

Privacy

The No More 9 to 5 Club respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy.

Limitation of Liability

This site and its affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, or other intangible losses, resulting from your use of the website.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR OTHERWISE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer

The information on this site is provided "as is" without any representations or warranties, express or implied. We do not warrant that the website or its content will be uninterrupted or error-free.

Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Your continued use of the website following any changes indicates your acceptance of the new Terms.

Governing Law

This Site is created and controlled by us in the State of Florida. The laws of the State of Florida govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in the State or Federal courts located in Palm Beach County, State of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at [email protected] .

Effective Date

These Terms of Use are effective as of November 1, 2021 and shall remain in effect until modified and/or updated as provided in Section 3 above

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