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Terms of Service |
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| Introduction |
| 1.1 Welcome to the Childcare Network of GreatAupair, a "Service" provided to you by InteliMark Enterprises, LLC. ("InteliMark"). GreatAupair offers an opportunity for owners/operators of Internet websites to provide childcare services through the Childcare Network. Site owners/operators will direct traffic to their Childcare Network Site(s) and earn a fixed-fee commission for each membership sold through their participating Childcare Network Site(s). |
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| 1.2 These Terms of Service govern your use of this site and its Services. Your use of this site and our Services constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully. InteliMark may change these Terms at any time without prior notice to Participants, so please check back periodically. |
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| How the Childcare Network Operates |
| 2.1 There are no fees associated with the set up and maintenance of a Childcare Network Site other than those which an owner/operator may already incur for the development, operation, maintenance and marketing of its website. |
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2.2 Site owners/operators must complete an online application that will be reviewed for participation suitability. Unsuitable sites include those that:
- Promote violence or hate;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities;
- Violate intellectual property rights;
- Are deemed distasteful in the sole discretion of InteliMark or GreatAupair.
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| 2.3 Upon acceptance into the Childcare Network Program, for legal purposes, you will be called an "Operator" but may also be referred to as an affiliated "Partner", which in this context shall be one in the same. Approved Partners will receive an email confirmation of their acceptance into the Childcare Network Program with instructions on how to access the Partner Implementation Kit. After implementation, Partners will drive traffic to their Childcare Network services, which will be provided through a content feed from GreatAupair. For each person who pays for a membership within 28 days of their first visit to the Partner's Childcare Network site, the Partner earns a fixed-fee commission of $15, regardless of membership term. There are no commissions paid on services such as background checks, reference checks or immigration services. |
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| 2.4 Each visitor to a Childcare Network Site will be issued a cookie that will expire in 28 days. The combination of the cookie and the Partner tracking ID will ensure that Partner's accounts are correctly credited for paid memberships. |
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| 2.5 In the event of credit card fraud or if a customer issues a credit card chargeback to their credit card company for any reason within 120 days of purchase of a membership, the $15 commission related to the chargeback will be debited from the Partner's earnings. |
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| 2.6 Payments are made via check the first week of every month for the previous month's earnings, as long as your payment amount is greater than $100. |
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| Site Owner/Operator Obligations |
| 3.1 You are required to enter your valid Federal Tax ID or Social Security Number on the registration form. InteliMark will register a 1099 for all U.S. domestic entities or a 1042-s for all foreign entities to which we issue combined yearly payments of $600.00 or more. |
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| Rights Granted |
| 4.1 InteliMark grants to the person or entity, who is the owner/operator of an Internet site (hereinafter "site Operator") the non-exclusive right to direct (refer) users or visitors to their Childcare Network website(s) that exist by virtue of this Agreement through a content feed from GreatAupair. This Agreement in no way establishes a "partnership" or "joint-venture" between InteliMark/GreatAupair and the site Operator. |
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| 4.2 InteliMark grants to site Operator a limited, non-exclusive, non-transferable license, during the term of this Agreement, to use graphics, content, and other intellectual properties (hereinafter "marks") owned by InteliMark for the sole purpose of marketing, advertising and promoting Childcare Network Site(s). The site Operator may not alter or modify the images or content or any other marks, in any way, without the prior written permission of InteliMark. The license herein granted shall automatically and immediately cease upon the termination of this Agreement. |
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| 4.3 The rights granted herein shall be for reasonable, appropriate and lawful use only. InteliMark neither encourages nor condones the misappropriation of celebrity names or images or other trade or service marks for commercial purposes and shall not be responsible for such conduct by the site Operator. In addition, InteliMark specifically forbids the practice of "spamming" (the sending of unsolicited bulk e-mail) as a means of attracting traffic to Site(s). Any site Operator found to be spamming or infringing upon the rights of another person or entity will be dropped without payment from the program. |
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| Site Owner/Operator Conduct |
5.1 Unacceptable actions, conditions or content available on or through your site, listed below, will constitute grounds for immediate termination of the services provided to you by InteliMark and GreatAupair, resulting in loss of your content feed and loss of accrued earnings for the period in which the violation(s) of Terms was discovered. As a condition of your use of this site and the services provided herein, you agree that you shall not:
- Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, discriminatory or otherwise objectionable;
- Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any website or computer system;
- Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
- Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over InteliMark or its subsidiaries, affiliates or users.
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| No Monitoring of Content |
| 6.1 InteliMark does not control the content of any user's profile and does not have any obligation to monitor such content for any purpose. All content provided by a user of the Childcare Network and related sites is the sole responsibility of that user, not InteliMark or its subsidiary GreatAupair. |
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| Account Suspension and Termination of Agreement |
| 7.1 InteliMark reserves the right to suspend and or terminate affiliate Partners from the program without advanced notification for any reason or no reason. Delivery of notice via e-mail to your registered address shall be considered sufficient notice to you. In such case you will be notified by e-mail immediately and paid for all accrued earnings up to that period, except in cases where it is determined you have violated this agreement in any material way. |
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| 7.2 In the event 90 days pass from the time of registration and you have not completed the implementation process or you have completed implementation but you have not earned $100, your account may be suspended, which means that your content feed will cease. You will be notified via your registered email address that your account has been suspended due to non-activity. If deficiencies are not remedied to the satisfaction of InteliMark within 15 days of suspension, your account will be automatically deleted. |
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| Representations and Warranties |
| 8.1 You, as site Operator, warrant and represent that you own or operate a lawful and otherwise valid Internet Web site. You further represent that you have the requisite power and authority to enter into this Agreement and perform the obligations set forth herein and that you are an adult at least eighteen (18) years of age; that performance under this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by you; and that there are no outstanding orders, judgments, decrees, rules or regulations which would preclude you from entering into this Agreement. You shall indemnify InteliMark and its shareholders, officers, directors, employees and assigns against any loss, damage, liability (including reasonable legal fees) which result from the use of any InteliMark materials not expressly authorized by this Agreement. |
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| DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY |
| 9.1 DISCLAIMER OF WARRANTY: THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. INTELIMARK CANNOT IN ANY WAY BE HELD RESPONSIBLE FOR THE ACCURACY OR TRUTHFULNESS OF ANY OF THE INFORMATION PROVIDED IN ANY AUPAIR, NANNY, FAMILY OR AGENCY PROFILE. ANY ARRANGEMENTS MADE BETWEEN PARTIES IS SOLEY AT EACH PARTY'S DISCRETION, EXPENSE AND RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, INTELIMARK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE. |
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| 9.2 NO ENDORSEMENT OF MEMBER CONTENT: YOU, THE OPERATOR ACKNOWLEDGE AND AGREE THAT INTELIMARK DOES NOT ENDORSE THE CONTENT OF ANY MEMBER AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, DISCRIMINATORY, HARMFUL, VULGAR, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER. YOU ACKNOWLEDGE THAT INTELIMARK DOES NOT PRE-SCREEN ALL CONTENT, BUT THAT INTELIMARK AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, EDIT, MOVE OR REMOVE ANY CONTENT THAT IS PUBLICLY AVAILABLE VIA THE SERVICE. |
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| 9.3 LIMITATION OF LIABILITY: YOU, THE OPERATOR ACKNOWLEDGE AND AGREE THAT INTELIMARK WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELIMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH AN INTELIMARK SITE (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; (v) STATEMENTS OR CONDUCT OF ANYONE USING THE SITE OR ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. |
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| 9.4 INDEMNIFICATION: YOU AGREE TO PROTECT AND FULLY COMPENSATE INTELIMARK AND ITS SERVICE PROVIDERS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THE TERMS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANYONE. |
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| Acceptance of General Terms of Service |
| 10.1 By using the Childcare Network website and/or by receiving a content feed from GreatAupair, you acknowledge that you are bound by the terms and conditions set forth herein. All legal issues arising from or related to the use of this site or InteliMark's services shall be construed in accordance with the laws of the State of Nevada without regard to conflicts of law principles. Exclusive jurisdiction for any claim or dispute against GreatAupair or its parent, InteliMark resides in the courts of Nevada State. These Terms of Service constitute the entire agreement between you and InteliMark and its subsidiary, GreatAupair with respect to the use of this site and any InteliMark services. InteliMark's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law. |
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| We look forward to assisting you and helping you succeed with the Childcare Network. |
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| Best regards, |
| Partner Support |
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