Manifest Referral Policy
Manifest Investing LLC
Updated: 2 November 2005.
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Manifest Investing LLC ADVOCATE referral incentive program (the "Program"). As used in this Agreement, "we", "us", or "our" means Manifest Investing LLC. "You" means the participating referring subscriber.
You also acknowledge that as a participant in the Program, we will send you email updates about the Program.
1. Order Processing
We will process orders placed by customers who use links (from referral emails) to www.manifestinvesting.com. We reserve the right to reject orders that do not comply with any requirements that we may establish. We will be responsible for all aspects of order processing and fulfillment. We will track sales made to customers and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports are at our sole discretion.
2. Referral Incentives
To permit accurate tracking, reporting, and referral incentive accrual, we will use special "tagged link" formats in all referral email from www.manifestinvesting.com. You will earn referral incentives only with respect to purchase activity.
We offer a referral incentive of one (1) month added to your yearly subscription per sale of a referred annual subscription. For a sale to be eligible to earn a referral incentive, the customer must utilize "tagged links" or use the Referrer code while completing the ordering process. We will only offer referral incentives after payment has been received.
We will not be liable for referral incentives on purchases that are not correctly tracked and reported.
3. Policies and Pricing
Customers who buy products from Manifest Investing LLC will be deemed to be our customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices may vary.
4. Limited License
We grant you a nonexclusive, revocable right to qualify for referral incentives as a result of customers who expressly designate (by either "tagged links" or specific identification during the ordering process) you as the individual or entity that made the referral.
We reserve all of our rights in the graphic image and text within referral emails, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.
5. Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
6. Term of the Agreement
The term of this Agreement will begin upon your participation and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Manifest Investing Site, and all of our trademarks and logos, and all other materials provided by or on behalf of us to you. You are eligible to earn referral incentives only on sales that occur during the term, and referral incentives earned through the date of termination will remain payable only if the related orders are not canceled or returned.
7. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement. Modifications may include, for example, changes in the scope of available referral incentives, referral incentive schedules, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. CONTINUED PARTICIPATION IN THE PROGRAM BY YOU -- FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT -- WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
8. Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
9. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total payments to you under this Agreement.
10. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of www.manifestinvesting.com will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
11. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
12. Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
13. Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Delaware, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.