Last Updated: August 23, 2010
This is a legally binding agreement between you and TheAdvisoryEdge.com. If you do not agree with all of the terms and conditions contained herein, do not submit an application to become an Associate of The Advisory Edge.
As used herein, The Advisory Edge shall include TheAdvisoryEdge.com, its owners, affiliates and related companies, and each of their subscribers, agents, directors, officers, employees and assigns.
By submitting an application to become an Associate of The Advisory Edge, you are representing and warranting that you have reviewed, fully understand and agree to all of the following terms and conditions.
Associate Requirements
You represent and warrant that you are not already an existing member or affiliate in the Global Information Network. You also represent and warrant that you are at least 18 years of age.
In order to become an Associate with The Advisory Edge, you must enroll as either a member or an affiliate in the Global Information Network through TheAdvisoryEdge.com. TheAdvisoryEdge.com reserves the right to reject any Associate application for any reason or no reason at all, in its sole discretion.
In the event that we accept your Associate application, we will make available to you [banner advertisements, button links and other links as determined by us which shall all link to our Sites (Collectively "Link"); on condition that you will use the Links only as provided for herein or as may be indicated by us to you in writing, from time to time, and provided further than you will cooperate fully with us in order to establish and maintain the Links.
You shall market and refer potential interested persons to the Site, www.TheAdvisoryEdge.com. You shall be solely responsible for the content and manner of such marketing activities and the same must be professional, proper and lawful under applicable regulations and laws as well as complying with the terms and conditions of this Agreement and any instructions we may provide to you from time to time in writing.
You shall not and you shall not authorize, assist or encourage any third party to do any of the following:
(i) Place our Links or any marketing materials provided by us to you including but not limited to our logos, marks, domain name, trade name or any of the aforegoing ("Our Marks") which is confusingly similar to or is comprised of Our Marks (collectively, "Our Materials") on any online site or other medium where the material on such site or medium is as determined by us, in the exercise of our absolute discretion, illegal or in any other way unsuitable.
(ii) Develop and/or implement marketing and/or public relations activities where their objective – whether directly or indirectly – is to target the marketing of us and/or our Sites to persons who below the age of majority in any jurisdiction you are targeting, irrespective of the age of majority applicable in the location you are marketing.
(iii) Breach any of the rules and regulations issued by us regarding the marketing of our Sites.
(iv) Use Our Materials in any manner which may confuse any user on our Sites.
(v) Place or otherwise use Our Materials on any online site or medium where the material on such online site or medium infringes any third party intellectual property rights, copies or resembles the Sites or any of them – whether in whole or in part, in any manner – directly or indirectly – damages our goodwill or reputation and/or frames any page of the Sites or any of them, whether in whole or in part.
(vi) Read, intercept, modify, record, redirect, interpret or in any other manner fill in, change and/or interfere with the contents of any electronic form or other materials submitted to us by any third party.
(vii) In any way, directly or indirectly, modify, redirect or otherwise interfere with the operation and/or accessibility of the Sites or any of them or any part thereof.
(viii) Act or omit to act in any manner which may cause end-user confusion as to the relationship between us and you or any third party and/or as to the ownership or operation of the Sites or any other site.
(ix) Intercept or redirect in any manner, whether direct or indirect, or attempt to do so, traffic from or on any online site or other place that participates in our Associate program.
(x) Use any means or sites to promote and market the Sites or any of them, where such means or sites resemble in any manner the Sites and/or the look and/or feel of the Sites – whether in whole or in part.
(xi) Use any means or sites as per above to create the impression that such means or sites are the Sites or any of them or any part thereof.
(xii) Breach the terms of use and policies of any search engine or the customer feedback facilities of online merchants.
Fees and Compensation
There is no fee associated with becoming an Associate with The Advisory Edge. Compensation to Associates is paid and determined by the Global Information Network's affiliate compensation program. The Global Information Network is a third-party organiztion that is separate from The Advisory Edge.Information and Confidentiality
The information contained on this site, as well as any other information provided directly or indirectly by The Advisory Edge, is for your personal information and education only. None of the information is intended to invite, induce, or encourage any person to make a legal, medical, financial, or investment decision. You should consult with a licensed professional in the appropriate field before acting upon any information or recommendations that are made directly or indirectly by The Advisory Edge. The information in the Associate's section of TheAdvisoryEdge.com that you receive as a result of your Associate status shall be treated as Confidential Information, whether or not it is labeled as such. You agree not to copy, exploit, sell, distribute or otherwise disclose any Confidential Information to anyone except (a) to other Associates of The Advisory Edge that are in good standing or (b) to the extent required by judicial or governmental order provided that you have given The Advisory Edge reasonable written notice prior to such disclosure to allow The Advisory Edge a reasonable opportunity to protect the Confidential Information. You agree that, in the event that you breach any of your obligations with regard to Confidential Information, your Associate status will be immediately revoked and The Advisory Edge will be entitled to injunctive relief to protect its rights, in addition to any and all remedies available at law. You agree to assign to The Advisory Edge your right to bring any action for violation of any proprietary rights against any third parties in possession of Confidential Information received by you.
Disclaimers and Warranty
While The Advisory Edge hopes to provide its Associates with accurate and up-to-date information, we make no warranties or representations as to the accuracy of the information and assume no liability or responsibility for any error or omission in the information. No one shall be entitled to claim that there is a duty to update or correct any such information. The Advisory Edge shall provide information directly or indirectly to its Associates in the manner, format, and at such times as The Advisory Edge chooses, in its sole discretion. The Advisory Edge makes no representations, warranties, or guarantees as to the amount of information that will be provided, when or how often that information will be provided, if or when requests from Associates will be answered or by whom, if or when Members will receive mentoring or by whom, and if, when or where, webinars or other seminars or workshops will be offered.The Advisory Edge may modify, suspend, discontinue, or restrict the use of any portion of this site, without liability. The Advisory Edge may deny access to any person or user at any time for any reason. The Advisory Edge does not represent, warrant or guarantee that, as a result of your connection with The Advisory Edge or the information, products or services you receive directly or indirectly from The Advisory Edge, THAT you will receive any money, bonuses, PROFITS, LOANS, CREDIT, personal or real property, business offers or anything else of monetary value, minimize your tax liability, improve your health, lose weight, or live a longer, healthier, or happier life. THIS INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL ADVICE. The Advisory Edge IS NOT AFFILIATED WITH ANY MEDICAL INSTITUTION AND THE INFORMATION IT PROVIDES HAS NOT BEEN APPROVED BY THE Federal Trade Commission or any other government agency. Neither The Advisory Edge nor the information it provides can be relied upon TO prevent, cure, or treat any disease or medical condition.
Your use of this site and any other information, products and services provided directly or indirectly by The Advisory Edge is at your own risk. The Advisory Edge assumes no responsibility, and shall not be liable for any resulting damages to, or viruses that may affect, your computer equipment or other property. The Advisory Edge does not represent or warrant that use OF such information will not infringe on the rights of third parties. ALL OF THE INFORMATION, SERVICES AND PRODUCTS PROVIDED DIRECTLY OR INDIRECTLY BY THE ADVISORY EDGE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE REGARDING SUITABILITY OF THE INFORMATION, ACCURACY, RELIABILITY, COMPLETENESS, AND TIMELINESS. THE ADVISORY EDGE DOES NOT WARRANT THAT THIS SITE IS FREE FROM ALL BUGS, ERRORS OR OMISSIONS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER THE ADVISORY EDGE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR (1) LOST PROFITS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE ADVISORY EDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) PUNITIVE OR SPECIAL DAMAGES; OR (3) DAMAGES PROXIMATELY CAUSED BY YOUR FAILURE OR REFUSAL TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT OR AS REQUIRED BY LAW.Indemnification
You agree to indemnify, defend and hold harmless, at your sole expense, The Advisory Edge from any claim or action brought by a third party relating to (a) your use of the site and/or (b) your breach of the Associate Agreement or the Terms of Use.Cancellation
The Advisory Edge reserves the right to revoke your Associate status at any time for any reason or no reason at all, in its sole discretion. You may cancel your association with The Advisory Edge at any time by visiting sending an e-mail from the address on file to The Advisory Edge throutgh the contact page on The Advisory Edge.com. If your Associate status is revoked for any reason, you agree that (a) you will return the orial and all copies of Confidential Information to The Advisory Edge within 10 business days of the cancellation and (b) you will not be able to become an Associate of The Advisory Edge at any time in the future.
Intellectual Property
All material on this website, including, but not limited to, text, graphics, logos, audio clips, video clips, links, digital downloads, and trademarks is owned, controlled by or licensed by The Advisory Edge and is protected by copyright, trademark, and other intellectual property laws. As between you and The Advisory Edge, The Advisory Edge exclusively owns all rights, titles and interest in and to the site content. You agree not to do anything that might impair such rights, nor will you assert ownership claim in any of the above-referenced intellectual property or in the site content. You may download one copy of the site on a single computer for your personal, non-commercial use only, provided you maintain all copyright and trademark notices. No other use is permitted without the prior written consent of The Advisory Edge. The site may link to or frame third party websites. Framing allows a visitor to view content provided (and managed) by a third party without losing access to this site's navigational menu. The Advisory Edge is not responsible or liable for content, products or services on framed sites or any other third party websites.
Miscellaneous
The Advisory Edge reserves the right to change this Associate Agreement from time to time at its discretion and to notify Associates of any such changes by posting a notice on the site, posting the new Associate Agreement on the site, sending the new Associate Agreement to the Associates, or in any other way that The Advisory Edge deems fit. Your continued association with The Advisory Edge after a new Associate Agreement is in place will constitute your agreement to be bound by that new agreement. If for any reason, any provision of this Associate Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Associate Agreement shall continue in full force and effect. The failure of The Advisory Edge to enforce or exercise any provisions of the Associate Agreement shall not constitute a waiver of that right or provision.
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, employment or other like relationship between The Advisory Edge and its Associates.
In the event that this Agreement is translated by you into any other language, this English language version shall prevail at all times.
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