Terms and Conditions

You should carefully read the Terms of Use before using JVProfitcenter.com and any subsections thereof (Our Site). By using Our Site, you agree to be bound by the Terms of Use. This is a legally binding agreement. If you do not agree with the Terms of Use you should not use Our Site.

Terms Of Use

  1. We agree to provide you access to Our Site in accordance with the Terms of Use.
  2. You agree to use Our Site in a manner consistent with any and all applicable rules and regulations.
  3. You accept that Our Site is provided on an "as is, as available" basis.
  4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
  5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER PARTY.
  6. WE MAY, FOR MARKETING PURPOSES, COLLECT, PROCESS AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING OUR SITE.
  7. You are authorized to download one copy of the material on our Site, on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice.
  8. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on Our Site without our prior consent in writing. No intellectual property or other rights shall be transferred to you.
  9. To the extent that portions of Our Site (such as "forums" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on our Site.
  10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
  11. We reserve the right to monitor all materials posted on Our Site's member forum ("Postings") and to remove any which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use.
  12. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties.
  13. Where we provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of the same.
  14. The Terms of Use contain the entire understanding between us with respect of Our Site and no representation, statement, inducement oral or written, not contained herein shall bind either of us.
  15. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
  16. This Agreement is governed by the laws of the State of Texas, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate Jon Benson Fitness LLC, JVProfitcenter.com and/or its affiliates' intellectual property rights, JVProfitcenter.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:
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: Dallas County, Texas. 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: Dallas County, Texas, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Affiliate Team Rules and Guidelines for Rewards

Top 5 Prize Money for Next Affiliate Team Campaign (Sept. 22-26, 2008)—Some Conditions Apply (see below...)

1. $10 cash for every team sale
2. $7 cash for every team sale
3. $5 cash for every team sale
4. $3 cash for every team sale
5. $1 cash for every team sale

PLUS $1000 cash to ANY affiliate (Team Leader OR Team Member) who brings in the most affiliate team members to his/her team. NOTE: Each Team Member must have at least FIVE (5) non-refunded sales in order to qualify as a legitimate team member.

DEFINITION OF "SALE": Any purchase (see "Refund Rules below) of any product, primary or up sell, from http://www.7minutemuscle.com by any Team Member or the Team Leader starting September 22, 2008 at 12:00:01 AM and ending September 26, 2008 at 12:00:00 midnight. All sales must be made by a Team Leader or a Team Member to qualify for Top 5 prize money. Any sales made after midnight, September 26, will not count toward team totals. Sales are not based on monetary amounts, but upon completed transactions. JVProfitCenter.com tracks each unique visit to all 7MinuteMuscle.com delivery (thank you) pages no matter the purchase. So, a sale of the basic product is just as valid as a sale of the deluxe up sell product(s). Each sale counts as "1".

Affiliate Teams must have at least THREE (3) total participants, one team leader and at least two team members, OR have 100 sales or more to be eligible for Top 5 prize money. Also, each affiliate team member must have at least FIVE (5) non-refunded sales in order for a team to be eligible for Top 5 prize money OR have 100 sales or more.

Examples:

1. Team X can be eligible for the Top 5 prize money if Team X has at least three total members (leader plus two or more members), each who make at least five non-refunded sales or more. "Non-refunded" sales are sales that are valid and not refunded 60 days post-purchase.

2. Team X can ALSO qualify for the Top 5 prize money if Team X has 100 sales or more in any combination. For example, Team X's leader could have all 100 sales and Team X could technically qualify.

Individual "Fly Solo" members cannot qualify for Top 5 prize money, but Joe Smith could form Team Smith with he and two other affiliates and qualify for prizes.

All commissions are paid via Clickbank according to their terms and conditions. Bonuses for Top 5 Teams will be paid by Jon Benson on or before December 31, 2008. This is to protect Jon Benson Fitness LLC from any team member who may engage in purchase/refund tricks in order to drive total sales higher. (Note: For leaders whom I know personally or who which to make contact by phone, payment will be made upon receipt of the Clickbank check to me for the pay period ending October 1, 2008.) Clickbank.com is NOT responsible for team leader rewards.

Team member bonuses (if any, determined by each Team Leader individually) are to be paid in full by the respective Team Leader according to his/her terms and conditions. Jon Benson and/or Jon Benson Fitness LLC is not liable for any bonuses to any team members other than the Top 5 cash prizes awarded to the Team Leaders on condition of total sales and the $1000 prize to the individual who recruits the most affiliates for his/her team. Clickbank.com and/or Jon Benson is NOT responsible for team member rewards.

Team can be disqualified if...

1. Any team member(s) exaggerates his/her list size before or during the promo. While round numbers and approximations are allowed, any suspicious list size entries will be flagged for approval unless I (Jon Benson) knows you personally.

2. Any team member(s) breaks CAN-SPAM regulations and/or sends to a purchased list.

3. Breach of Refund Rules; when team member(s) have excessive refund rates. Refund rates for 7 Minute Muscle are currently under 6%. "Excessive" can be defined as refunds over 20% OR any member without at least FIVE (5) non-refunded sales 60 days post-campaign.

4. The team leader deceives his/her members in any way concerning bonuses for performance. Team Leaders can award member bonuses and incentives as he/she sees fit. However, each Leader is responsible for ethical distribution of any promised bonuses in a timely fashion to his/her members.

All cash rewards from Jon Benson (excluding Clickbank.com) are paid in U.S. Funds by check or PayPal.

Jon Benson; Jon Benson Fitness LLC; http://jvprofitcenter.com

 

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