Team Ambit
Marketing Terms & Conditions
Copyright © 2008
by Team Ambit Marketing All rights reserved.
Overview:
Team Ambit has developed
and licenses a system called Team Ambit Marketing which
allows Users to promote a legal and ethical network marketing
opportunity and/or Client program and/or opportunities or programs of
their choice. The Team
Ambit Marketing system is used exclusively to promote the
products and Services associated with Ambit Energy.
Team Ambit operates
and manages the Team
Ambit Marketing system to assist network marketers in the
building of their business on the Web and with various
telecommunication systems and methods. Where the words "I" or "We" or
"Me" or Us" or "Service" or “Team Ambit”
occur and are used herein they are meant to describe Team Ambit. and/or
the Team Ambit Marketing
System where appropriate. Where the word "You" is used herein it is
meant to describe any individual who subscribes to and uses the
Service.
Subscription:
You wish to subscribe to
and participate in the Team
Ambit Marketing and use the Team Ambit Marketing
Software (the "Service"). You understand that participation in the
Service will involve establishing contractual arrangements with third
parties. This site is not affiliated with Ambit Energy, and by signing
up for a subscription is done by your own free will.
In order to be an
authorized Client of the Team
Ambit Marketing, you must agree to abide by all of the
terms and conditions contained in this Exhibit ("Client Terms of
Service Agreement"). All subscribers must read this agreement carefully
and agree to all of the terms and conditions herein before registering
and using the Team Ambit
Marketing Service.
This Agreement (the
"Agreement") is made by and between
Team Ambit Marketing, and you, as a Subscriber in the Team Ambit Marketing.
Relationship
of Parties:
You and we are
independent contractors, and 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 my or our behalf.
Limited
License:
Team Ambit Marketing grants
to You a personal, non-sub-licensable, non-exclusive license to
participate in the Service. As part of the Service, You will have
access to information, communications, software, photos, text, video,
graphics, music, sounds, images and other material and services posted
onto the Service by Team Ambit Marketing.
Team Ambit Marketing
grants to You a personal, non-sub-licensable, non-exclusive license to
use that Content from the Service to promote your Ambit Energy
Independent Marketing Consultant Status ONLY.
The
Service:
All services provided by
Team Ambit Marketing
may be used for lawful purposes only. Transmission or storage of any
information, data or material in violation of any international, United
States Federal, State or City law is prohibited. This includes, but is
not limited to: copyrighted material, material legally judged to be
threatening or obscene, or material protected by trade secret and other
statue.
In consideration of your
compliance with the terms and conditions of this Agreement, Team Ambit Marketing
agrees to provide the Service to You. Use of the Service constitutes
Your agreement with the terms and conditions of this Agreement. You
shall not rent, sell, lease or otherwise transfer the Service for the
benefit of a third party and You will not utilize the Service in a
manner that violates applicable laws of Your jurisdiction. You do not
work for, and do not constitute, a government agency or body.
Team Ambit Marketing reserves
the right, at its discretion, to change, modify, add or remove portions
of this Agreement at any time. Notification of the changes in the
Service or this Agreement will be posted on the Web, or sent via
e-mail, or postal mail.
Team Ambit Marketing
may change, suspend or discontinue any aspect of the Service at any
time, including the availability of any Service feature, database or
content. Team Ambit Marketing may also impose
limits on certain features and services or restrict Your access to
parts or all of the Service without notice or liability.
Team Ambit Marketing
is not responsible for guaranteeing the delivery of emails sent through
the system. Team Ambit Marketing will not be responsible for any
delays, blocks, or filters associated with email delivery.
If these operating
guidelines or any future changes are not acceptable to you or cause you
no longer to be in compliance with this agreement, you may cancel Your
Service by sending an email to support.
Your continued use of
the Service now, or following the posting of notice of any changes in
these operating rules, will constitute a binding acceptance by you of
such rules, changes or modifications. Your right to use the Service is
subject to any limits established by Team Ambit Marketing
in its sole discretion.
Registration for Service,
Password and Security:
To become a Subscriber
so you can use the service, you must register by providing us with
current, complete and accurate information as prompted by the Signup
Form. Paying Subscribers will also choose a password and a site ID
name. You shall provide Team Ambit Marketing
with
accurate, complete and updated registration information. You shall not
knowingly provide inaccurate information with the intent to create a
false identity.
You also agree not to
provide false or misleading information in the administrative panel of
the software or your web site. This includes, but is not limited to
providing false e-mail address in FROM: field on outgoing emails.
You are entirely
responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree not to provide
false or misleading information on the Service sign up form. This
includes, but is not limited to providing false name or e-mail address.
You agree to notify Team Ambit Marketing
immediately of any unauthorized use of your account or any other breach
of security. You agree that Team
Ambit Marketing is the neutral host of the Service and
has no responsibility or liability in relation to the business
opportunities that You represent as part of Your use of the Service.
You agree to indemnify,
defend, and hold Team
Ambit Marketing and its affiliates, officers, directors,
employees and agents (collectively, Team
Ambit Marketing ") from and against any and all liability,
claims, losses, damages, injuries or expenses (including attorneys'
fees) directly or indirectly arising from or relating to Your use of
the Service and any dispute relating thereto.
You shall notify Team Ambit Marketing at
support@ambithomebasedbusiness.com of any known or suspected
unauthorized uses of Your account, or any known or suspected breach of
security, including loss, theft or unauthorized disclosure of Your
password. You shall be responsible for maintaining the confidentiality
of Your password and you are responsible for all usage and activity on
Your account, including use of the account by a third party authorized
by You to use Your account.
Any fraudulent, abusive
or otherwise illegal activity may be grounds for termination by Team Ambit Marketing
and referral to the appropriate law enforcement agencies.
You acknowledge and
agree that You will promptly notify Team
Ambit Marketing if you are aware of any person who, in
your good faith opinion, is or is intending to take unfair advantage of
the Service provided by Team
Ambit Marketing.
Team Ambit Marketing
reserves the right to send e-mail to You for the purposes of informing
you of applicable Offers, changes or additions to the Service or any
related products and services.
Subscriber
Privacy:
Your privacy is
important to us. Please see our posted privacy policy for more detailed
information.
Subscriber
Conduct:
Any unauthorized use of
the Service, or the resale of the Services, is expressly prohibited.
You agree to abide by all applicable local, state, national and
international laws and regulations and are solely responsible for all
acts or omissions that occur under your account or password, including
the content of your transmissions through the Service. By way of
example, and not as a limitation, you agree not to:
•
Use the Service in connection with chain letters, junk email,
pyramid schemes, illegal or unethical testimonials, cross soliciting,
money games, spamming or any duplicative or unsolicited messages
(commercial or otherwise);
•
Harvest or otherwise collect information about others,
including email addresses, without their consent; Create a false
identity or forged email, or otherwise attempt to mislead others as to
the identity of the sender or the origin of the message;
•
Transmit through the Service unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature;
•
Transmit any material that may infringe the intellectual
property rights or other rights of third parties, including trademark,
copyright or right of publicity;
•
libel, defame or slander any person, or infringe upon any
person's privacy rights;
•
Transmit any material that contains viruses, Trojan horses,
worms, time bombs, cancel bots, or any other harmful or deleterious
programs;
•
Violate any U.S. law regarding the transmission of technical
data or software exported from the United States through the Service;
•
Interfere with or disrupt networks connected to the Service
or violate the regulations, policies or procedures of such networks;
•
Attempt to gain unauthorized access to the Service, other
accounts, computer systems or networks connected to the Service,
through password mining or any other means;
•
Interfere with another Affiliate's use and enjoyment of the
Service or another entity's use and enjoyment of similar services; or
engage in any other activity that Team Ambit Marketing believes could subject it to
criminal liability or civil penalty or judgment.
Spam:
You are bound by the
spam policy listed here.
Email:
You agree to receive
e-mail messages from Team Ambit Marketing.
Forbidden
Content:
The Software and
communications tools will not host, post or promote ANY website which
advocates, encourages, endorses, or makes possible any form of,
pornography, gambling, pyramid schemes, illegal testimonials, or any
type of business opportunity that is unethical, illegal or otherwise
objectionable program whatsoever. Affiliates are prohibited from
transmitting on or through any of Team
Ambit Marketing's services, any material that is, in Team Ambit Marketing's
sole discretion, unlawful, obscene, threatening, abusive, libelous, or
hateful, or that encourages conduct which would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local,
state, national or international law. Affiliates are
prohibited from making any income claims or illegal product claims of
any sort. This action WILL RESULT in immediate termination of
your account without refund.
Team Ambit Marketing reserves
the sole right to ban ANY business opportunity from being promoted
through the software.
Should Team Ambit Marketing
discover that your site or your communications promote programs of this
type in any form this would constitute grounds for immediate suspension
or termination of your site, and the loss of your entire lead database.
Team Ambit Marketing
does not take responsibility for monitoring any usage of the system. It
is your responsibility to ensure that all usage of the system complies
with this contract.
Payments:
Team Ambit Marketing also
reserves the right at any time to charge fees for access to the Service
or the Service as a whole. In the event that Team Ambit Marketing
so elects, it shall post a notice at an appropriate location on Team Ambit Marketing's Web
site.
By signing up for our
website, you authorize us to charge your account on a monthly
subscription fee based payment when you sign up.
It is your
responsibility to keep your payment information accurate and current
with Team Ambit Marketing.
If a monthly payment cannot be processed, You will be given a minimum
of 7 business days notice to rectify the situation and make the
payment. Failure to rectify the situation within 7 business days will
lead to a cancellation of the account as described below.
Submitting/Importing
Information:
You represent to Team Ambit Marketing
that any and all emails you upload into the system are Opt in and have
specifically requested information regarding your opportunity. You also
represent than any content you upload to the Service is solely owned by
You or provided by You with the express authority of the owners, does
not infringe upon any other individual's or organization's rights
(including, without limitation, copyright, trademark or intellectual
property rights).
Although Team Ambit Marketing
provides some encryption to protect certain personal information which
is transmitted, You understand that Your uploads and transmissions may
be intercepted and used, and that all the risk associated therewith is
solely Yours. You shall not upload to, or distribute or otherwise
publish through the Service any Content, which is libelous, defamatory,
obscene, pornographic, abusive, or otherwise violates any law. As Team Ambit Marketing does
not and cannot review every message created by You, You shall remain
solely responsible for the content of Your messages.
Team Ambit Marketing
reserves the right to disclose information about sales and usage
generated by the Service in forms that do not reveal Your personal
identity.
Idea
Submissions:
Team Ambit Marketing
welcomes specific comments regarding the Service. If You send us
creative suggestions, ideas, notes, drawings, concepts or other
information (collectively "Information"), the Information shall be
deemed, and shall remain, the property of Team Ambit Marketing.
None of the Information shall be subject to any obligation of
confidentiality on the part of Team
Ambit Marketing and Team
Ambit Marketing shall not be liable or owe any
compensation for any use or disclosure of the Information.
Cancellation:
You may cancel service
at any time by sending an email to
cancellations@ambithomebasedbusiness.com. Upon termination,
Your access to the Service will be suspended. You are responsible for
all actions and charges incurred up to the time that the account is
deactivated. Affiliate site name and password must be included in the
cancellation request. Cancellation will take effect only when Team Ambit Marketing
confirms the receipt of the cancellation request.\
It is your
responsibility to cancel your account and provide direct notification
via the website or via email to Team
Ambit Marketing. Cancellation of your service
from any other associated or affiliated program will NOT automatically
cancel your agreement with Team
Ambit Marketing. Once Team Ambit Marketing
has received your cancellation request, your account (and all future
charges) cancelled.
We require a
SEVEN-BUSINESS DAY CANCELLATION NOTICE BEFORE YOUR NEXT BILLING DATE.
If you fail to submit your cancellation notice with-in the 7-day notice
you will be charged again. No refunds or partial refunds will be
provided under any circumstances.
You agree that Team Ambit Marketing
has the right to delete all data, files, leads or other information
that is stored in the Affiliate's account if either Team Ambit Marketing or
the subscriber terminates the subscriber's account with the company,
for any reason. In addition, Team Ambit Marketing and
its associated companies retain the right to use the data, files,
leads, and other information stored in the Affiliate’s
account.
Termination:
Team Ambit Marketing
may, in its sole discretion, terminate or suspend Your access to all or
part of the Service for any reason, including without limitation,
breach of this Agreement, or assignment of this Agreement by You.
Upon termination, You
shall no longer be entitled to use the Service and the licenses granted
hereunder shall terminate and You shall immediately return or destroy
all Proprietary Information, but the terms of this Agreement will
otherwise remain in effect. Disclaimer of Warranties, Limitation of
Liabilities, and Indemnification Team Ambit Marketing does NOT warrant
that Team Ambit Marketing web sites and related web sites and/or
services will be error free or uninterrupted and we will not be liable
for the consequences of any interruptions or errors.
The Team Ambit Marketing
web site and Service is distributed on an "as is" basis without
warranties of any kind, either expressed or implied. Team Ambit Marketing
will not be responsible for ANY losses, damages or costs that you
and/or your business may suffer when using the Team Ambit Marketing
web sites and related web sites and/or services. You expressly agree to
indemnify and hold harmless Team
Ambit Marketing from ANY claims resulting from your use of
the Team Ambit Marketing
websites and related web sites and/or services. You
expressly agree that use of the Team
Ambit Marketing websites and related web sites and/or
services is at your sole risk and you understand such risks are an
inherent part of business.
You expressly agree that
neither Team Ambit
Marketing nor its service providers, affiliates,
licensors, employees and/or contractors shall have ANY liability for
ANY damages suffered by you, your business or ANY other 3rd party as a
result of the use or misuse of the websites and related web sites
and/or telecommunication services.
Non-assign
ability:
Neither the rights nor
the obligations arising under this Agreement are assignable or
transferable by You, and any such attempted assignment or transfer
shall be void and without effect. System accounts cannot be transferred
or used by anyone other than the subscriber. Accounts, which have been
transferred to other parties, or show other activity in violation of
this paragraph, are subject to immediate cancellation. You are not
allowed to let others access and use the Service, nor make your
password visible to others. You may not attempt to find out the
password of another user of the Service.
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 on
our site. If any modification is unacceptable to you, or If you are
dissatisfied with the Service or with any terms, conditions, rules,
policies, guidelines, or practices of Team Ambit Marketing in operating
the Service, your only recourse is to terminate this agreement by
canceling your service. Your continued participation in the program
following our posting of a change notice or a new agreement on our site
will constitute binding acceptance of the change.
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 in Essex County, New Jersey 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 in the state of New
Jersey (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.
Miscellaneous:
This Agreement will be
governed by the laws of the United States and the State of New Jersey,
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.
DISCLAIMER OF
WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION:
Team Ambit Marketing
makes no warranties of any kind, whether expressed or implied, for the
service it is providing.Team Ambit Marketing also disclaims any warranty of
merchantability or fitness for a particular purpose.Team Ambit Marketing. will not be responsible for
any damage suffered. This includes loss of data resulting from delays,
non-deliveries or service interruptions caused by Team Ambit Marketing’s
negligence or the subscriber's errors or omissions. Use of any
information obtained via Team Ambit Marketing is at your own risk. Team Ambit Marketing
specifically denies any responsibility for the accuracy or quality of
information obtained through its services.
Entire Agreement:
This Agreement
constitutes the entire agreement between Team Ambit Marketing
and You pertaining to the subject matter hereof, and any and all
written or oral agreements heretofore existing between the parties
hereto are expressly cancelled. Any modifications of this Agreement
must be in writing and signed by both parties hereto. Should any
provision of this agreement be held to be illegal, invalid, or
unenforceable by a court law, the legality, validity and enforceability
of the remaining provisions of this agreement shall remain unaffected
thereby unless otherwise stated.
These Terms and
Conditions supersede all previous representations, understandings or
agreements and shall prevail notwithstanding any variance with terms
and conditions of any order submitted. Use of Team Ambit Marketing's
service constitutes acceptance of these Terms and Conditions.
Independent
Investigation:
You acknowledge that you
have read this agreement and agree to all its terms and conditions. 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.
By clicking on the
"Complete Registration " button and using the Team Ambit Marketing
services you indicate your acceptance of this agreement and its terms
and conditions. If you do not agree to all of the terms and conditions
of this agreement, then you will not be able to subscribe for a web
site.
You can reach Team Ambit
Marketing by the following method.
•
Email: support@ambithomebasedbusiness.com all customer
support emails will be answered within 24 hours.
Credit Card Information.
It will appear on your
credit card statement as Teamforesight.com or Team Ambit.