YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
A. MLMSocial hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) you will not copy or distribute any part of the Website in any medium without MLMSocial's prior written authorization; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MLMSocial immediately of any breach of security or unauthorized use of your account. Although MLMSocial will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MLMSocial or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the MLMSocial servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, MLMSocial grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MLMSocial reserves the right to revoke these exceptions either generally or in specific cases.MLMSOCIAL AFFILIATE PROGRAM
I am of legal age in the state in which I enter this Agreement. I understand that I am not an Affiliate until the Company has accepted the electronically submitted application at its home office.
I will not purchase products solely for the purpose of qualifying for commissions or bonuses. Products personally consumed by my household, in reasonable quantities, and not purchased to meet sales plan qualifications, are deemed retail sales.
I am entitled to cancel this Agreement at any time and for any reason with written notice to the Company.
The Company will buy back from a resigning Affiliate physically delivered, but unused and currently marketable sales aids purchased from the Company within 30 from the date of receipt of merchandise first ordered (90 days in Maryland and Puerto Rico; one year in Idaho, Montana, Nebraska, Oklahoma, South Dakota, Texas, and Washington; no time limit in Massachusetts, Georgia, Louisiana, and Wyoming) at 90% of the Affiliate’s net cost, less appropriate setoffs and legal claims. Montana Affiliates who cancel within 15 days are entitled to a 100% refund of any consideration given to participate.
As an Independent Affiliate I will: Provide training and motivation to my Affiliates. Study the product literature and promote retail sales. Represent the Company products in an honest manner. Honor the Company Customer Guarantees. Be professional, courteous, and considerate. Not misrepresent the Company’s Compensation Plan. Become familiar with, and abide by, the Company Statement of Policies and other materials as prescribed by the Company.
I understand that Independent Affiliates cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.
I understand that, as an Independent Affiliate, I will not, for any reason, act as spokesperson for the Company and its products, in any manner, to any media or publication, without prior, written authorization. I will not create, print, publish, or distribute any literature or materials representing the Company or its products other than those from, or approved in writing by, the Company.
I understand that, as an Independent Affiliate, I have the following rights: (a) to sell the products/services offered by the Company in agreement with the Company Compensation Plan, Sales Policies, Policies, and (b) to sponsor Independent Affiliates in agreement with the Company Compensation Plan and Statement of Policies.
I understand that I will make no claims or warranties of any kind, including, but not limited to, any claims for earnings or benefits concerning its products, other than those included in the Company’s written literature. I will not make product claims which are not stated in official Company literature, and I am not permitted to create my own literature, sales aids, or training materials, without written consent from the Company.
If I fail to pay for products or services, the Company is authorized to withhold the appropriate amounts from my commission and bonus checks, or credit card/electronic checking accounts, if any, which I have authorized the Company to charge. If payment owed is not made, I understand that I may, at the Company’s discretion, lose my marketing organization and future commissions and bonuses, and may be placed on inactive status by the Company for an indeterminate period. The Company will not be responsible for the loss of any commissions and bonuses or other payments because of delays or errors in orders, charges, receiving agreements, or other acts outside of the control of the Company.
As an Independent Affiliate, I understand that I am an independent contractor, and not an agent, employee, or franchisee of the Company. I understand and agree that I will not be treated as an employee for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts, or State Workers Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement.
I understand that my acceptance of this Agreement does not constitute the sale of a franchise or a security, no exclusive territories can be granted to anyone, and that no franchise fees have been paid, nor can I acquire any interest in a security by the acceptance of this Agreement.
The Company may, at its discretion, amend the Company Compensation Plan and Statement of Policies and/or terms of the Independent Affiliate Agreement. Notification of such changes shall be published in newsletters, broadcast by Email, written or published material circulated or made available to all Independent Affiliates. I agree to abide by all such amendments.
The continuation of my Business, and/or my acceptance of products, commissions, and bonus checks, or other payments from the Company, constitutes my acceptance of any and all amendments.
My Affiliate position cannot be sold, assigned, or transferred without prior, written approval from the Company.
I have carefully reviewed the Company Compensation Plan and Statement of Policies, and acknowledge that they are incorporated as a part of this Agreement in their present form and as modified from time to time by the Company. My violation of any of the terms of this Agreement or the Company Statement of Policies may result, at the Company’s discretion, in forfeiture of commission and bonus checks, or other payments from the Company; loss of all or part of my marketing organization; or cancellation of this Agreement.
This Agreement constitutes the entire agreement between the parties, and no other promises, representations, guarantees, or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.
The term of this Agreement is one year. This Agreement can be renewed annually on each anniversary date of the acceptance of this Agreement, unless otherwise canceled or extended by the Company. A renewal fee of $19.95 per month or $199.95 per year will be charged.
This Agreement shall be governed by the laws of the State of Delaware and any claims or disputes between parties to this Agreement shall be subject to binding arbitration under the Commercial Rules of the American Arbitration Association, with arbitration to be held in Delaware. Louisiana residents may choose jurisdiction in, and arbitrate in New Orleans, Louisiana.
RESTRICTIONS ON USE
We have a zero-tolerance policy when it comes to spam, and we take this very seriously.
Spamming is a violation of our Terms of Service, and it will result in the suspension of your account. Members in violation will first receive a warning. The second warning will result in account suspension. The third violation will result in the banning of your account. If your account is banned, there will be no refunds. The proper way to introduce oneself to members on MLMSocial is not by simply spamming out–of-the-gate and hitting up members with offers, but rather by Friending others first. You might also want to send others an email introducing yourself with a subtle mention of your offer/opportunity. Hopefully, this will establish open dialogue and the sharing of thoughts and ideas. The same applies with our Live Chat feature. If you have not established any relationship yet with a member, introduce yourself first. Do not spam our members with your MLM opportunity. Do not email a member more frequently than once every 7 days if that person has not responded to a friend request or your message. If, at any time, the member has told you that they are not interested in your opportunity, you must immediately stop sending any further offers to that member... unless, they have specifically stated that he/she might be interested in other opportunities that you might be in. “Liking” each and every comment in the Newsfeed is considered spamming, and is in violation of our TOS. Comment-blasting your MLM opportunity on other member’s Profiles, Groups, Articles, Blogs, Forum Posts, Events, Videos, Polls, Classified Ads, Job Posts, etc. is considered spamming and is in violation of our TOS. When promoting yourself on MLMSocial, we advise that you go about this strategically. Blasting ads everywhere without also trying to establish yourself first as a trustworthy and helpful source could potentially backfire (in more ways than one). There needs to be a balance. It's important to contribute to the community, and in return, the community will give back tenfold! Is an MLMSocial member in violation of our TOS? You can report that person by going to his/her Profile and clicking “Report this Person.” This link is found directly under an individual’s profile photo. Please give us a short description of the problem.
MLMSocial free profiles are for individuals only, with a first and last name. This aids in the proper growth of our site. No companies, titles, etc. are allowed. When you register, your profile MUST use your real name. You are permitted a maximum of one account, active or inactive, regardless of how many companies you represent. Please take note that multiple registrations are prohibited and are grounds for immediate account deletion. You will also need to include a valid email address as any emails that are returned from the email you provide will result in account removal. If you choose to ignore these restrictions, all your accounts will be disabled.
If you have forgotten your login details and are unable to retrieve them via the system, do not create a new account. Go to the Lost Password page and retrieve your forgotten username or password.
If you are an MLM Company Owner, Premium Business Profiles including Fan Pages can be created once you Upgrade. Otherwise, if you are an MLM Distributor, you have the ability to Upgrade and take out your own MLM Distributor Directory Fan Page. There, you will be able to create a premium MLM Distributor profile, including a Fan Page and a rotation of your profile on your MLM Company's page in the MLM Companies directory. This will be a great way to generate highly-targeted leads. We also have a free Group section where you can set up a group for your MLM Company.
If any member has "Claimed" ownership of an MLM Company and is found not to be the owner of that MLM Company, their MLMSocial membership will be revoked, and their $399.95 annual fee will not be refunded.
The Rules are easy to follow:
- No advertising, affiliate links or website links in posts allowed, except in the Promote Your Business Forum (see Promote Your Business Forum Rules). However, having links to your site or your business in your signature is acceptable. (*See our definition of “advertisements” below.)
- If you have an interest in a product, service or company mentioned in discussion, you must state your connection to it clearly.
- No administrative issues are to be discussed on the board. Public posts debating the rules and/or moderators’ enforcement of such will be removed without comment. We encourage feedback, however, and invite you to contact the MLM Social Team if you have any complaints or questions regarding the rules of the forum and/or the actions of moderators.
- You are responsible for any posts originating from your user name account.
- Keep the focus. Questions outside the scope of a certain forum will either be moved, locked or simply be deleted.
- Any posts considered profane, obscene, or not in line with the discussion at hand will be moved or deleted.
- Abuse, attacks and harassment are not allowed. (**See our definition of “abuse, attacks and harassment” below.) If you have been determined to have committed abuse, attacks or harassment your account may be subject to termination.
- Requests for loans or other banking transfers are not allowed.
- Any post that encourages illegal intent will be removed and the account terminated.
- You can only bump your post once. You will receive a warning for every bump after your first (per post).
- No cross-posting allowed. (***See our definition of “cross-posting” below.)
- All publicly-displayed messages are limited to the English language. This includes posts, titles, signatures, as well as any attachments or other forms of public display.
- If you are suspended, do not try to come back under another name as this will get you banned forever.
* Advertisements include posts that invite others to visit your site, buy your products or join your program. This also includes, the posting of affiliate links, promoting your team, promoting your sponsor, saying how great you think your sponsor is, etc. Making statements like, “I have that information on my site” or “Here's the link for that” is also considered advertising.
** Abuse, attacks and harassment includes personal attacks against products, people or opportunities. This also includes, negative comments (about the boards, other members, or MLM Social Team) and any signature that is offensive or insulting to the MLM Social Team or its members. What your mother used to say about interpersonal relationships still rings true: If you don’t have anything nice to say, don’t say it at all. Unwanted overtures, such as continuing to contact someone after he/she has requested you stop is considered harassment. Furthermore, you may not intentionally "trash" or "troll" in another's advertisement thread. Do not use discussions to recommend, praise or belittle products, services or companies without first-hand experience.
*** Cross-posting refers to posting duplicate threads/posts or the linking to threads/posts they have already been started.
MLM Social’s Rights, Responsibilities and Disclosures:
- MLM Social cannot guarantee the accuracy of information that may be presented in its Forum.
- Three warnings result in account suspension. However, having only been issued one or two warnings does not preclude one from having his/her account suspended or terminated.
- Public posts debating deleted posts, rules and/or moderators enforcement of such, will be removed without comment. If you have a question about your post being deleted, rules or enforcement of said rules, please privately contact the MLMSocial Team.
- Posts written in response to deleted posts may be deleted as they may not make sense without the original post.
- Posts consisting of only a few words may be deleted.
- We do not remove posts by request.
- We reserve the right to remove, modify or move posts at our discretion and without explanation or notice.
- We reserve the right to require anyone to remove or modify his/her signature at our discretion and without explanation or notice.
- There will be discussion areas set aside for distributors in specific companies. If your company is not listed, you may request a forum for it. You are only allowed to participate in these discussions if you are an active distributor in that company. Negative posts will be deleted.
- Any attempts to defraud or deceive our members may result in your account being suspended.
- Your postings on this public forum will become public. Your text will be available to anyone with an internet connection.
- Opinions, advice and all other information expressed by participants in discussions are those of the author. You rely on such information at your own risk. Participants are urged to seek professional advice for specific, individual situations and not rely solely on advice or opinions given in the discussions.
- You may post ads under the Promote Your Business category. Posts MUST be related to the MLM Industry. Rules: One post per day, per member, per IP Address. Do not use multiple logins as they will be flagged. Excess posts will be deleted and the IP banned. It will remain your responsibility to honor the terms of your offers.
- The 'Advertising Forums' are not a place for you to criticize or pass comment on another user's advertisement. Comments, such as "You could get a better deal elsewhere", "Your price is way too high" or "That’s a rotten design" will be removed and your account may be suspended.
This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided as is and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
LIMITATION ON LIABILITY
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- blatantly competes either directly or indirectly with this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme, including but not limited to cash gifting;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.
This site may contain third party advertisements and links to third party sites. MLMSocial does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties. Third party advertisements and links to other sites where goods or services are advertised are not endorsements or recommendations by MLMSocial of the third party sites, goods or services. Your access to or use of them is at your own risk.
EXTERNAL LINKS DISCLAIMER
The MLMSocial Community provides links to external websites solely as a service to our users. These links do not, in any way, constitute an endorsement of the linked pages or any commercial or private issues or products or services contained therein, and none should be inferred. MLMSocial makes no warranty or representation concerning the content of these sites, or secondary sites from the pages to which they link.
These external websites were initially checked by MLMSocial, and are periodically re-evaluated to confirm they are still active and relevant, but they may have changed since last reviewed.
REFUNDS, BILLING, AND CANCELLATION
Paid premium memberships come with a 14 day money back guarantee.
In the case of paid premium listings, premium listings are posted within 24 hours, and therefore there are no refunds.
Company either bills annually, or in 30 day increments from your anniversary date.
Charges will show up as either “MLMSocial” or "Track Companies" on your statement, depending on the payment method selected.
SERVICE LEVEL AGREEMENT
To ensure optimal performance of the servers, the Company will perform routine maintenance on the servers on a regular basis, requiring servers to be removed from service. From time to time, services may be unavailable for a short period of time.
Company in the best of its ability will perform maintenance during off peak hours.
Emergency maintenance and downtime may also occur without notice. Due to this in some instances the site may be unavailable during peak hours.
Company under the best of its ability will try to obtain at least 99% up time. In cases where paid membership is involved, no compensation will be granted for downtime to paid members.
Company will do its best to provide notice of scheduled maintenance and downtime but is not guaranteed.