Terms Of Service
SL Genie Program and Member Agreement
Please read this/these Terms Of Service, Conditions, and Member Agreement (the "Agreement") carefully before submitting the application, otherwise known as the "Registration Form" (herein after as the "Application" and "Registration"), for participation in our Program (the "Program"). This is a legal binding Agreement between you, the individual filling in the fields on and submitting the Application, or you acting on behalf of an entity as a representative of the entity on the Application being submitted ("Member" and "Independent Member" and "Independent Contractor" and "user" and "you" and "your") and SLGenie.com ("SL Genie" and "SLGenie" and "Webily, Ltd" and "Webily" and "us" and "we" and "our"). By filling in the required fields, and placing a check mark in the indicated field(s), and submitting the Application, you hereby ACCEPT AND AGREE to all of the terms and conditions set forth in this Agreement.
1. Application Process
By submitting the Application you are expressing your desire to participate in the Program, as a Member (an "Independent Contractor"), through which you may promote certain SLGenie products and services and be compensated for the number of qualified individuals that use such products and services as a direct result of your promotion. You represent and warrant that: (i) the information submitted in the Application is truthful and accurate; (ii) the person submitting the Application is at least Thirteen (13) years old; (iii) in the event you are an entity, the person submitting the Application has the full right, power and authority to enter into this Agreement on behalf of such entity; and (iv) the execution of this Agreement by such person, and the performance by you of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound. You also agree to receive e-mails from SL Genie, which will include news and updates about the program. You acknowledge that SLGenie makes no warranties, representations, or agreements related to the subject matter hereof that are not expressly provided for in this Agreement. SLGenie will evaluate the Application and will notify you of our acceptance or rejection of the Application in a timely manner.
SLGenie may reject the Application, and at any time may terminate this Agreement, if you advertise any of SLGenie's products and/or services on a Web site, deemed in SLGenie's sole discretion, to be unsuitable.
Unsuitable Web sites include, but are not limited to, those that:
1.a Contain sexually explicit or obscene materials, or materials that are otherwise deemed offensive;
1.b Advocate discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
1.c Promote or engage in illegal activities;
1.d Violate intellectual property rights of third parties;
1.e Contain or promote deceptive information;
1.f Promote gambling, or;
1.g Violate any of the SLGenie/Webily Policies, as may be modified from time to time by Webily, Ltd, in its sole discretion.
2. Linking With, To, and/or Use Of, SLGenie Promotional Materials
Member Entitlement: If your Application is accepted by SLGenie, you may use (to the extent provided in Article 4 and Article 10 below) the electronic graphic art work and any corresponding links to SLGenie products and/or services as necessary to participate in, and for the purpose of your marketing in the Program as a Member. SLGenie will provide you with a free Web site that will contain a unique identification ("ID#" and "Identifier" and "Username") for the purpose of marketing SLGenie's products and services, links on your free Web site to third party program(s), when and/or where and/or if SLGenie deems such link(s) feasible and/or possible with respect to any such third party program(s), that will be the link(s) owned by you as long as you have subscribed to such third party program(s), and additional promotional ("advertising" and "marketing") material, including HTML codes for such links, through the member's login area (termed "Members Office" and "Members Area"), that will provide you with tracking and reporting of all Customers and Members (as defined in Section 5) acquired through your free Web site. It is your responsibility to integrate the SLGenie marketing and advertising materials into any Web site(s), out side of the free Web site we provide you, properly integrate in accordance with the instructions available in your Members Area, and SLGenie shall not be liable to you in any way with respect to your failure to properly integrate the SLGenie promotional material into your Web site(s), including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement. You agree not to modify any SLGenie promotional material in any way without the express written permission of SLGenie. You may only display the SLGenie promotional material on your Web site(s) as is, and if you have Web site(s), other than the free Web site we provide you with, you must submit an Application for each such Web site you intend to display the SLGenie promotional material on. Without limiting the foregoing, you shall not promote or otherwise announce the availability of the SLGenie promotional material on your Web site(s) anywhere other than within your Web site(s), including, but not limited to, using the SLGenie promotional material in E-mail and promoting or otherwise announcing the availability of the SLGenie promotional material on your Web site(s) through E-mail unless it has been specifically requested from you.
No Purchase Necessary: Member status is granted in compliance of or with any Local, State, Federal, and/or International laws that may exist. For the purpose of this Agreement, the Member is classified as, and is covered under any such laws requiring, a "No purchase necessary" entry into a Program where earnings ("Earnings" and "Fee" and "Fees" and "Commission") may be paid for sales of a company's products and/or services.
One (1) Account Per Individual: Only one (1) account is able to be created and/or obtained per individual. Any individual registering with or for multiple accounts will be in breach of this Agreement and the Fair Trade guidelines set forth by the USA Federal Trade Commission ("FTC"). Any multiple accounts registered in the SLGenie Program will be deleted, with or without notification being provided to the individual in violation, and, in SLGenie's sole discretion, may result in the termination of the primary or initial account a Member registers. All Member registrations that request payment of Earnings, or that may be due Earnings, are manually observed for Position Stacking prior to Earnings being paid. In the event a Member's account contains Earnings that has been deemed to be a Stacked Position the Earnings generated in or with the violating account will not be paid to the Member or individual in violation of this Agreement and those Earnings will become permanently lost upon deletion of the violating account(s). Any referred Customer(s) and/or Member account(s) registered with account(s) found in violation of Position Stacking will roll up ("compress") to be assigned to the next legally registered Member account in the genealogical structure of the Program.
Fees, Earnings, Entry: The Member agrees to accept any and all Fees and/or Earnings they may receive, generated from SLGenie's tracking of the Member's personal sales, as is, and understand that it is the sole responsibility of the Member to understand and/or calculate where and/or how the Fee has been or was generated. Any Fee generated will be sent via the PayPal.com payment platform, once the Fee due has accumulated to US$10.00 or more for Gold Members, US$20.00 or more for Silver Members, and $30.00 or more for Free Members. You understand that credit and/or placement for any of your potential Customer and/or Member sales may be lost if your potential Customer(s) and/or Member(s) do not fill in the fields as the/each Customer and/or Member makes their purchase of products and/or services or to become a Member, and understand that SLGenie can not and will not pay you a Fee, provide you with credit for, and/or reassign an otherwise lost sale to you on any Customer and/or Member that neglects to fill in the form containing your referral ID#. Fees are only paid from products and/or services sold. SLGenie shall not be liable to you in any way, including your inability to properly use marketing material(s) provided by us to the extent such failure may result in any reductions of Earnings amounts that would otherwise be paid to you under this Agreement. SLGenie reserves the right to discontinue the status of Member in the Program and/or otherwise terminate any and/or all Member entries in the Program, at any time, with or without reason, at its sole discretion, and/or cancel, terminate, and/or remove any Member ID# from the Program deemed to be "Inactive" by SLGenie.
Income and Sponsorship: For the reason of our experiences, SLGenie presents our/the Program as is, and may or may not supply promotional material and/or any form of support to or for the Member, and SLGenie in no way warrants, or makes any guarantee, expressed or implied, that you can or will derive an income from your involvement in our/the Program, or that you will be paid any Fee for sales generated through the free Web site and/or ID# we offer. Members have other Members as their Sponsor, and are only able to offer products and services for sale with the intent of earning a Fee for a product and/or service they sell. Members do not receive Earnings or a Fee on or for the act of enrolling other Members that may join as a result of their efforts.
3. Your Advertisements
You may add as many links to our Web site(s), or remove such links, at any time and without prior approval from SLGenie. You are solely responsible for, and SLGenie hereby disclaims any and all liability for the development, operation, and/or maintenance of, and/or any and all costs associated with, including, but not limited to, your advertisements and/or your Web site(s), any and/or all content thereon, and any and/or all equipment used there for. You hereby agree that your private Web site(s) or any advertising of any form or kind shall not, in any way, copy or resemble the look and feel of, or create the impression that it is part of SLGenie, or its products and/or services, or any of SLGenie's partners or its business affiliates' or subsidiaries' Web sites. You agree that your Web site(s) shall at all times during the Term of the Agreement comply with the policies identified in Article 1(1.g), and shall not engage in any of the activities listed in Article 1(1.a) through (1.f). You acknowledge that certain names are proprietary to SLGenie and Webily, Ltd and may not be used in any way, nor imply that you hold any right to our name(s) by creation of a similar name or by using some, all, or part of our name(s) within your created name, including, but not limited to, use of our name(s) as a part of, or as, your E-mail alias attached to any domain or in the registration of any domain name that you own, intend to own, or as an agent of or for an entity. For the purpose of inquiry of our names please refer to Article 13(13.e).
4. Limited License to Use SLGenie Promotional Materials
SLGenie hereby grants to you a non-exclusive, revocable license to display on your private Web site(s) the SLGenie promotional material solely as necessary for, and for the purpose of, promoting the products and/or services associated with the Program as set forth at our Web Site(s) and only as is on the Web site(s) we may issue you identifying you as a participant in the Program. To the extent, if any, that SLGenie promotional material contain SLGenie's trademarks, service marks, and/or trade names, you shall not use such marks in a manner that might be deemed to create a unitary composite mark. You agree not to use the SLGenie promotional materials in a manner that is, or otherwise include materials on your Web site(s) that are, disparaging of SLGenie. SLGenie reserves all proprietary rights in and to the SLGenie promotional material not expressly granted herein. You agree this license can be revoked at any time for any or no reason upon notice by SLGenie to you (regardless of termination of this Agreement) and you agree upon receipt of such notice immediately to cease using all SLGenie promotional material.
5.a Referral Fees
On a monthly basis, within thirty (30) days after the end of each calendar month, SLGenie shall issue you a "Fee" for each Qualified New Customer and/or Member who registered for a type of plan for one or more of the SLGenie products and/or services set forth within the Members Area/Office directly from a link within the SLGenie promotional material within your free SLGenie Web site using the special promotion Identifier, and thereafter became a Qualified New Customer in such month. "Qualified New Customer" means any person or entity who registers for one or more of the SLGenie products and/or services during the Term as a direct result of your promotion of the SLGenie product and/or service by linking from one of the SLGenie promotional materials on your free Web site using your special promotional Identifier, or for any person or entity who registers for one or more of the SLGenie products and/or services during the Term as a direct result of the Customer and/or Member filling in a form on or at the respective Member's free Web site that contains their ID# as the Referrer, and who pays the then-standard fees required for purchase to one or more of the SLGenie products and/or services through at least two (2) consecutive billing cycles (excluding any free trial period) as specified in the Members Area/Office.
SLGenie may choose to offer you a Bonus and/or a higher Fee during promotional events, for a particular period of time, or for particular types of SLGenie Services. SLGenie will either provide you notice of such Bonus and/or higher Fee to the E-mail address in your Application or will post notice of such Bonus and/or higher Fee in the Members Area/Office. You acknowledge that SLGenie may offer a Bonus and/or Fee to other participants in the Program that is higher than the Bonus and/or Fee you receive. Nothing in the foregoing shall limit SLGenie's ability to lower and/or limit the duration of the minimum Fee contained herein in accordance with Article 7.
5.b Liability for Payment
SLGenie's sole obligation in regards to remitting payment to you for the payments described in Section 5.a shall be to transfer such payment to the PayPal.com E-mail address submitted to SLGenie in the Application and/or members Area/Office, or in the event your address changes, to the address thereafter submitted in the Members Area/ Office. You are solely responsible for assuring your address of record is current and correct. In the event a payment sent to such address is returned to SLGenie for any reason other than an error in such address on the part of SLGenie, you hereby waive any and all rights to receive such payment. SLGenie shall not be liable for any payment to you if your Member account is suspended and/or terminated due to having become "Inactive" as outlined in Article 13 Section 13.f, if you request or initiate cancellation of your Member account, if SLGenie deems that you have engaged in any fraudulent or criminal activity in connection with the Program and/or if SLGenie deems that you have breached this Agreement.
We make no expressed or implied warranties or representations with respect to the Program or your potential to earn income from the Program. In addition, we make no representation that the operation of our Web site(s) or the free Web site(s) will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions, errors, and/or loss of any data.
5.d Member Purchase(s)
If you make purchase of any product(s) and/or service(s) for your use and/or the use of another individual and/or any entity you are fully responsible for the payment and terms associated with the product(s) and/or service(s). All product(s) and service(s) that are software-based and/or media-based and/or downloadable that you have made purchase of (e.g. the SLGenie .exe download, etc.) are considered "opened media" products and/or services and are nonrefundable. In the event you have purchased any product(s) and/or service(s) and wish to cancel your order(s) you may do so at any time by submitting your request on the SLGenie form located through the "Contact Us" section of your Members Area/Office Site, or by logging into your PayPal.com account and cancelling your SLGenie subscription, from which you will receive a confirmation E-mail that your billing has been stopped and/or canceled. If you request a cancellation through the Contact Us form and do not receive the confirmation E-mail it is your sole responsibility to seek confirmation that your billing has in fact been stopped and/or canceled. In the event you submit a cancellation request to SLGenie via the aforementioned form and/or via your PayPal.com account, you will have use of the product(s) and/or service(s) associated with your purchase up until what would have been your next billing day/date. By making Application to become and/or by having been accepted to become a Member you hereby acknowledge and accept and agree and understand that you are legally liable and responsible for full advance payment of any and/or all billing of/on any and/or all product(s) and/or service(s) you purchase.
5.e Customer/Organization Purchase(s)
As a Member (an "Independent Contractor") you operate, run, or otherwise "are in charge of" your own business and like any business there are inherent costs associated with doing business. In the event you and/or any Customer and/or any Member located in your referral organization causes cost or loss of income to SLGenie, by or via whatever means, you hereby acknowledge and accept and agree and understand that by becoming a Member that you are liable and responsible for any and all payment(s), collection(s), and/or reimbursement(s) of any and/or all cost(s), loss of income(s), profit(s), and/or money/monies due and/or payable and/or owed to SLGenie (a "Bad Debt"), including, but not limited to, chargeback(s), bank fees, merchant fees, membership fees, product fees, service fees, etc. caused from purchase and/or use of any and/or all product(s) and/or service(s) that you and/or any Customer and/or any Member located in your referral organization may and/or does make purchase of. In the event any of the aforementioned instance(s) arise SLGenie will make reasonable effort to collect on the Bad Dept from the individual(s) and/or entity that caused such Bad Debt prior to you and/or your Member account being held liable and/or responsible for any/all such Bad Debt and/or instance(s).
5.f Refund Policy
SLGenie provides full working free account where you can evaluate and test all the features. Despite that any refund requests made within 72 hours after the upgrade payment is complete will be processed without questions asked and a full refund will be issued.
5.g Cancellation Policy
Members may cancel their recurring billing subscription products at any time. Instructions can be found in the help section of the memebers area.
6. Members Area / Members Office Site
Through the Members Area/Office Site SLGenie shall provide you, the member, with monthly reports, which may or may not include setting forth the number of impressions that your free Web site containing your unique ID# generated from SLGenie promotional material, click-throughs to an SLGenie Web site that were generated from SLGenie promotional material on your free Web site, and Qualified New Customer(s) and/or Member(s) obtained by SLGenie through your free Web site in any given month. SLGenie may, in its sole discretion, permit you to access certain data selected by you (the “Data”) in connection with data transmitted during interaction with the SLGenie promotional material that will permit additional reporting through the Members Area/Office Site (e.g., if the Data is a preference, sorting Qualified New Members by such preference). In the event SLGenie permits access of such Data you represent, warrant, and agree that the Data can not and shall not be used to identify persons or entities: (i) that interact with the SLGenie promotional materials, (ii) that register for the SLGenie Product(s) and/or Service(s), or (iii) as SLGenie Customers and/or Members. SLGenie shall also provide monthly reports detailing the monthly volume Bonuses and/or Fees that are due or may be due to you. Also, on a calendar year basis, SLGenie may provide a report detailing any annual bonus that is due or may be due to you. The form, content, and timing of the foregoing reports may vary from time to time in SLGenie's sole discretion and only in the event such reports are provided.
7. Modification of This Agreement
SLGenie may modify any term(s) and condition(s) in this Agreement, including any amount(s) payable as Fees and Bonuses under Article 5, at any time in its sole discretion by posting a notice or a new Agreement on the Members Area/Office Site, but such new Agreement shall be effective no sooner than five (5) days after such notice or new Agreement is posted on the Members Area/Office Site. The location of the new Agreement in your Members Area/Office Site is on the footer menu link titled "Agreement". YOUR SOLE REMEDY AND RECOURSE IN THE EVENT ANY SUCH MODIFICATION IS UNACCEPTABLE TO YOU IS TO TERMINATE THIS AGREEMENT, PROVIDED THAT TEBROWSER SHALL PAY TO YOU ALL AMOUNT(S) DUE TO YOU PRIOR TO YOUR TERMINATION IN ACCORDANCE WITH SECTION 12.a. Notwithstanding the five (5) day notice period for termination provided in Article 9, such termination by you in the event of a modification shall be effective immediately upon receipt by SLGenie of notice thereof. Your continued participation in the Program after such five (5) day period has passed shall constitute acceptance of any such, or the, modification(s).
8. Press Releases; Publicity
You may not announce your use of the SLGenie promotional material(s) on your Web site(s) unless you first receive SLGenie's prior written approval of such announcement. SLGenie may announce your use of the SLGenie promotional material(s) on any and/or all of your Web site(s) in its sole discretion.
9. Term and Termination
This Agreement shall be effective on the date SLGenie accepts the Application and shall continue until either party terminates this Agreement as set forth herein (the "Term"). Either party may terminate this Agreement at any time for any or no reason upon five (5) days notice; (i) in the case of termination by SLGenie, to you at either, at SLGenie's option, the E-mail address contained in the Application or by posting such notice on the Members Area/Office Site, and (ii) in the case of termination by you, to SLGenie via the Contact Us form located through the Members Area/Office Site footer. Notwithstanding the foregoing, SLGenie may terminate this Agreement immediately with or without notice to you in the event you breach this Agreement and/or for any reason(s) as outlined in Section 5.b at SLGenie's option and/or sole discretion.
10. Limitation of Liability; Disclaimer; Indemnification; etc.
UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT YOU SHALL REMAIN LIABLE TO TEBROWSER TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 10.c. IN NO EVENT SHALL THE LIABILITY OF TEBROWSER, IN CONNECTION WITH THIS AGREEMENT, FOR DAMAGES, NOT EXCLUDED IN THE IMMEDIATELY PRECEDING SENTENCE, EXCEED THE AMOUNT OF ANY FEE PAYABLE BY TEBROWSER TO YOU UNDER THIS AGREEMENT.
10.b No Additional Warranties
YOUR FREE WEB SITE AND/OR ID# (EXCEPT AS PROVIDED IN SECTION 1), ALL OF TEBROWSER'S AND ITS MEMBER WEB SITES, THE TEBROWSER PROMOTIONAL MATERIALS, THE TEBROWSER SOFTWARE AND TEBROWSER SERVICE (COLLECTIVELY, "SUBJECT MATTER") ARE PROVIDED "AS IS" AND "AS AVAILABLE". EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SUBJECT MATTER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
You agree to defend, indemnify and hold harmless SLGenie/Webily, Ltd, its Directors, Officers, Employees and/or Representatives, Customers and/or Independent Members, and/or its partners, subsidiaries, and/or business affiliates, and/or their respective officers, directors, agents, distributors, franchisees, and/or employees against any loss, damage, expense, or cost, including reasonable attorneys fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party ("Liabilities") based on; (i) your material breach of any covenant, duty, representation, or warranty of this Agreement, (ii) materials contained on your Web site(s) (including any allegation that such materials infringe a third party's proprietary rights), (iii) or otherwise related to the Data, and (iv) or otherwise related to your advertisements and/or Web site(s) and the content thereon.
10.d Independent Contractor
Any and all Participant(s) of and/or in SLGenie Program are Independent Contractors, or otherwise referenced to as "Customers" and "Members" and "Independent Members", and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
10.e Mediation & Arbitration
If a dispute arises under this Agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: the Country of Bulgaria. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: the Country of Bulgaria, under the rules of the Bulgarian Arbitration Law(s). Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation will be shared equally by each of us; you and SLGenie.
11. Copyright Notice
All material supplied to our Independent Members is; Copyright © 2009-2010 SLGenie / Webily, Ltd. All rights reserved. Permission to copy and distribute any and/or all material, promotional or otherwise, and/or documents and/or related graphics from our servers is granted subject to; (i) the materials provided herein are for internal, non-commercial Program use only, and (ii) any copies of any and/or all material, promotional or otherwise, and/or documents and/or related graphics contained within our servers or portions thereof must include the following disclaimer:
All material and/or documents published by SLGenie may contain other proprietary notices or describe products, services, processes or technologies owned by SLGenie or third parties. Nothing contained herein shall be construed as granting to the Customer and/or Member a license under any copyright, trademark, patent, or other intellectual property right of SLGenie or any third party.
The SLGenie name and logo and all related product and service names, design marks, and slogans are the trademarks, service marks or registered trademarks of SLGenie. All other products and service marks contained herein are the trademarks of their respective owners.
11.b Consent To Monitoring And Disclosure
SLGenie is under no obligation to monitor the information residing on or transmitted to its server(s). However, anyone using our server(s) agree(s) that SLGenie may monitor the server contents periodically to; (i) comply with any necessary laws, regulations or other governmental requests, and (ii) to operate the server(s) properly or to protect itself and its users. SLGenie reserves the right to modify, reject or eliminate any information residing on or transmitted to its server(s) that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and the/this Agreement.
Should any user of information on our server(s) provide SLGenie with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and SLGenie assumes no obligation to protect such information from disclosure. The submission of such information to SLGenie shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by SLGenie for any purpose whatever and SLGenie shall be free to reproduce, use, disclose and distribute the information to others without restriction.
11.c Disclaimer Of Liability
THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF OUR SERVER(S) AND THE INTERNET GENERALLY. TEBROWSER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESSED OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, OUR SERVER(S) OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TEBROWSER DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON OUR SERVER(S) OR OTHER MATERIAL ACCESSIBLE FROM OUR SERVER(S). IN NO EVENT SHALL TEBROWSER BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON OUR SERVER(S) OR THE INTERNET GENERALLY.
11.d No Warranties
Any SLGenie material on our server(s) may include technical inaccuracies or typographical errors. SLGenie has the right to make changes and updates to any information contained within our server(s) without prior notice.
THE INFORMATION PROVIDED ON OUR SERVER(S) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY TEBROWSER AND/OR WEBILY, LTD ITS BUSINESS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER TEBROWSER NOR ITS BUSINESS AFFILIATES WARRANTS THAT THE INFORMATION ON OUR SERVER(S) OR ON THE INTERNET GENERALLY WILL BE UN-INTERRUPTIBLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM OUR SERVER(S) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.e Disclaimer Of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by SLGenie. Product and service information is the sole responsibility of each individual vendor. The SLGenie name and logo and other trademarks and trade names owned by SLGenie/Webily, Ltd may not be used in any commercial manner without the prior written consent of SLGenie.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW.
YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THIS CONTACT.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the SLGenie system or Web site(s) should be sent ONLY to our Designated Agent.
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on SLGenie's system or network, should be promptly sent in the form of written communication to SLGenie's Designated Agent:
ATTN To: Legal Department - Agent for Claims
24 Saedinenie Str.
6100 Kazanlak, Bulgaria
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. WE CAUTION YOU THAT UNDER FEDERAL AND INTERNATIONAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Section(s) 5.d, 5.e, Article 10 and Section(s) 12.b, 12.d shall survive the expiration or termination of this Agreement. Additionally, to the extent this Agreement is not terminated as a result of fraud relating to the Program by you or otherwise as a result of your breach of this Agreement, SLGenie's obligation to pay Fees and other Bonuses under Article 5 shall survive for so long as is necessary to account for Fees and other Bonuses generated from Qualified New Customers and/or Members properly registered prior to the date of termination.
12.b Applicable Law; Jurisdiction
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the Country of Bulgaria except for its conflicts of law principles. Each party irrevocably consents to the exclusive jurisdiction of the courts of the Country of Bulgaria and the federal courts situated in the Country of Bulgaria, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement.
12.c Solicitation of SLGenie Customers and/or Members
You will not send unsolicited, commercial E-mail (i.e., "UCE" and "UBE" and "Spam") through or into SLGenie's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the SLGenie Customer and/or Member to whom commercial E-mail is being sent has voluntarily either; (i) engaged in a transaction with you other than registering to receive the SLGenie Service through an SLGenie promotional material provided on your free Web site, or (ii) provided information to you through a contest, registration, or other communication, which included clear notice to the SLGenie Customer and/or Member that the information provided could result in commercial E-mail being sent to that SLGenie Customer and/or Member by you or its agents. Any commercial E-mail or other online communications to SLGenie Customers and/or Members that are otherwise permitted hereunder, shall; (a) include a prominent and easy means to "opt-out" of receiving any future commercial communications from you, and (b) shall also be subject to SLGenie's then-standard restrictions on distribution of bulk E-mail (e.g., related to the time and manner in which such E-mail can be distributed through or into the SLGenie product or service in question).
Neither party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such party's reasonable control and which such party is unable to overcome by the exercise of reasonable diligence.
12.e No Waiver
The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
You shall not assign this Agreement or any right, interest or benefit under this Agreement without the prior written consent of SLGenie.
12.g Injunctive Relief; Remedies
You acknowledge a violation of this Agreement could cause irreparable harm to SLGenie for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that SLGenie will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any violation of this Agreement. Except where otherwise specified, the rights and remedies granted to a party under this Agreement are cumulative and in addition to, and not in lieu of, any other rights or remedies which the party may possess at law or in equity.
12.h Excluded Countries
The SLGenie site, products, and services are subject to export controls. No product, service, or software may be downloaded or otherwise exported or re-exported; (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Sudan, Syria or any other country to which the Country of Bulgaria has embargoed goods, or (ii) to anyone on the G7 list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By becoming a Customer and/or Member, using or downloading from our Web sites, or using any of our software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You acknowledge that you have read this Agreement and agreed to all the terms and conditions. You understand that SLGenie may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement, and SLGenie and its business affiliates and subsidiaries may operate Web sites that compete with your free Web site.
12.j Acceptance and Agreement With all SLGenie Policies
13.a "SLGenie Customer and/or Member" means any authorized user of the SLGenie Network or a product and/or service, including any sub-accounts using the SLGenie Network under an authorized master account, and any Customer and/or Independent Member.
13.b "SLGenie Network" means the SLGenie Service and any other product or service owned, operated, distributed or authorized to be distributed by or through SLGenie or its business affiliates or subsidiaries worldwide (including, without limitation, the E-mail network contained therein).
13.c "SLGenie Service" means the Bulgarian version of the SLGenie® brand of commercial online products and services.
13.d "SLGenie Software" means the proprietary software used to connect to and use the Bulgarian version of the SLGenie® brand products and services.
13.e "SLGenie Name(s)" means any and/or all of our domain names including, but not limited to, SLGenie.com; any and/or all of our group identifications' including, but not limited to, "SLGenie Customer" or "SLGenie Member" or "SLGenie Team", and any and/or all of our branded slogans including, but not limited to, "The Ultimate Safelist Reader, Submitter and Downline Builder", and the prefix "SLGenie" used in our product and service brands.
13.f "Inactive Member" means any Customer and/or Member who is no longer actively marketing and/or making sales of our products and/or services or has not accessed their account through the Members Area/Office Site for a period of three (3) months or longer, or if a Customer and/or Member "Opts-Out" from receiving E-mail from SLGenie at any time that in effect will cause suspension and/or termination of a Customer and/or Member account.
13.g "Member" means any Customer and/or Member who does or does not purchase any of SLGenie's products or services and/or is or is not a full paying member of one of our approved third party programs within the SLGenie designated organization and/or offers some or all of SLGenie's products and services to end users with the intent of earning a Fee from SLGenie.
Last modified October 16, 2010.