WWW.SM160.COM
Promoter Membership Agreement
SECTION 1. INTRODUCTION
1.1 DEFINITIONS
a) Company: The "Company" hereby, and for the remainder of this agreement, shall refer to as E-Top Profectus Corporation Limited, including its Directors, employees, and shareholders. The SM160 name, website, software, images, and trademarks (whether current or in the future) are all owned and managed by E-Top Profectus Corporation Limited. The name SM160 used hereunder shall include the Company, its directors, employees and shareholders.
b) Promoter member: Refers to any individual or separate entity that is enrolled with WWW.SM160.COM as a Promoter Member, a member that agrees to promote WWW.SM160.COM website (“SM160”) in compliance with this Promoter Membership Agreement.
c) Username: Upon signing up for a Promoter Membership, Promoter members are issued a username that is used to identify them in the system. This username is the property of E-Top Profectus Corporation Limited and as such, it may be displayed on the website without the prior consent of the Promoter member who registered it (e.g. your username may be posted on the site if you are the winner of the sweepstakes draw).
d) Promoter Membership Agreement: Refers to this agreement in full. You must read and agree this Promoter Membership Agreement prior to signing up for a Promoter Membership. Submitting your request for Promoter Membership constitutes knowledge, understanding, and acceptance of the entire Promoter Membership Agreement.
e) Referred Promoter Membership: Refers to any individual whom you personally referred and who subsequently proceeds to sign up for a Promoter Membership.
1.2 CHANGES TO THE AFFILIATED MEMBERSHIP AGREEMENT
The Company reserves the right to modify or update this agreement at any time without advanced notice. It is the responsibility of the Promoter Member to check the news headings in their Promoter Member area on a regular basis as any changes to this agreement will be announced there. The continuance of your Promoter Membership indicates that you have read and agree to the additions or modifications made to this agreement.
1.3 CONTINUOUS / UNINTERRUPTED SERVICE
The Company makes no guarantee whatsoever that the SM160 website will operate continuously without interruption or error and shall not be held liable for any damages, contingent or otherwise.
1.4 THIS AFFILIATED MEMBERSHIP AGREEMENT IS FULLY SEVERABLE
In the event that a portion of this Promoter Membership Agreement should be found to be null and void, the remainder of this Promoter Membership Agreement shall remain intact and fully enforceable as if the portion found to be null and void had never been a part of the Promoter Membership Agreement at all.
SECTION 2. REQUIREMENTS OF AFFILIATED MEMBERSHIP
2.1 VOLUNTARY ENROLMENT
As a Promoter Member you acknowledge that you are signing up voluntarily under your own free will and under no circumstances were you persuaded to sign up under any false pretences.
2.2 AGE REQUIREMENT
As a Promoter member you acknowledge that you are at least 18 years of age. Should any law exist where you are a resident that would forbid you to use any of the services contained within the website, then those laws shall supercede this agreement. It is the responsibility of the Promoter Member to ensure that they are complying with local laws and the Company is hereby removed from any liability resulting from an individual gaining Promoter membership against such laws and regulations.
2.3 PERSONAL INFORMATION
All Promoter Members must maintain a correct profile at all times. This includes maintaining your correct and FULL name, as well as a valid email address. If the company should find at any time that the information you have listed in your profile is inaccurate, or incomplete, the company will delete your account without notice and you will lose all credits and money remaining in that account. Please feel free to view the privacy policy that is available on the SM160 website.
SECTION 3. GENERAL AFFILIATED MEMBERSHIP GUIDELINES AND ACCEPTABLE CONDUCT
3.1 ONE AFFILIATED MEMBERSHIP ALLOWED
SM160 allows only one Promoter Membership per individual and this Promoter Membership is NON-TRANSFERRABLE. This includes but not limited to any individual person, company, club, or group.
3.2 EMAIL PROMOTION
As a Promoter Member, you agree not to send out any unwanted email promotion (SPAM) regarding the SM160 website and/or any of its products or services. You agree to only send out messages to individuals who you personally know or individuals who have asked specifically or agreed to receive advertisements/offers from you. SM160 exercises a ZERO tolerance on SPAM and your Promoter Membership will be revoked immediately if you are found to be spamming others.
3.3 REFERRAL LINK
As a Promoter Member of SM160, you will be given a unique link to promote the SM160 website to others. You agree to only send out your referral link to individuals who you personally know or individuals who have asked specifically or agreed to receive advertisements/offers from you. Please refer to clause 3.2 above regarding our policy on SPAM.
3.4 CURRENT AND / OR FUTURE TRADEMARKS AND COPYRIGHTS
All information, images, trademarks, and copyrights found on the SM160 website are the property of E-Top Profectus Corporation Limited and cannot be used by any Promoter Member (or non-Promoter member) without the express written consent of the Company. Anyone found to be using such material without the proper written permission of the Company will be subject to prosecution according to local laws.
3.5 MISREPRESENTATION
As a Promoter Member of SM160 you agree not to misrepresent the SM160 website or any of the services and/or opportunities found within. Furthermore, you agree not to use your financial success as a Promoter Member to influence others or lead others to believe that they will achieve the same success as you. Any misrepresentation will result in the immediate removal of your account with us which will cause all credits and/or money in your account to be lost.
3.6 ENROLLING OTHER AFFILIATED MEMBERS IS PROHIBITED
Promoter Members are encouraged to refer other individuals to the website and help them through the sign up process, however the individual must complete the signup process by him/herself, including the reading and agreeing to the Promoter Membership Agreement. Furthermore, no Promoter Member shall create false accounts simply for the benefit of referral rewards or to create a manufactured Referred Promoter Membership. Any Promoter Member found to be engaged in such activity will have their Promoter Membership revoked and will lose all credits and/or money in all accounts created.
3.7 CHANGING SPONSOR
Once a Promoter Member has completed the signup process, there is no way to change the sponsor of that Promoter Member. The Company accepts no responsibility for Promoter Members who are placed under an incorrect sponsor regardless of the cause including negligence.
3.8 PERSONAL INFORMATION
As a Promoter Member of SM160 you agree to keep your personal information on file up to date and accurate at all times. You also confirm that the email address you have on file is accurate and in working order. The company will keep all personal information about you in the strictest confidence and will not divulge it to any third party unless obligated to do so by law. Please read through our privacy policy if you require further information.
3.9 INDEPENDENT CONTRACTOR STATUS
As a Promoter Member of SM160 there may be times when you are eligible to receive some sort of compensation for services provided. You hereby acknowledge that under such circumstances you are acting as an independent contractor and in no way are you to be considered as an employee or agent of SM160 or E-Top Profectus Corporation Limited.
3.10 REFERRING OTHER AFFILIATED MEMBERS
As a Promoter Member of SM160, you may voluntarily refer other individuals to the SM160 website. If the individual is being referred through the referral link we provide to all Promoter Members, and should that individual continue on to sign up as a Promoter Member, then the new Promoter Member will become a direct referral of you being the Sponsoring Promoter Member. You agree, however, not to hold SM160 liable for any lost or misdirected referrals regardless of the cause including negligence.
3.11 ACCEPTABLE USE OF THE SURF LINK
The surf link that a Promoter Member receives upon signing up is to be used solely by that Promoter Member and his direct contacts looking to becoming a member of SM160. This link is not to be used in any way that cheats the system or attempts to compromise it in any way. Furthermore, the surf link is not to be promoted on other networks as a means of falsely obtaining credits. The surf link is also not to be placed in any automatic clicking program or other similar program or software designed to defraud the network or falsely earn credits. Any inappropriate use of the surf link (as indicated, but not limited to the above) will result in immediate termination of that Promoter member's account and all earned or purchased credits along with any remaining cash balance will be lost.
3.12 GUIDELINES FOR ACCEPTABLE WEBSITES IN THE NETWORK
The company does not allow any Promoter Members to promote any other website in the traffic exchange network without written approval by the company and such websites must meet the following requirements:-
The website must be TOTALLY free from any pornographic material of any kind
-- The website must be TOTALLY free from any racist or socially harmful material
-- The website must be free from any illegal material such as pirated software
-- The website must NOT promote any sort of illegal activity such as pyramid schemes
-- The website must NOT link to any of the material described above
-- The website must NOT include any programming that causes it to break out of frame
-- The website must be at least 90% in the English language
-- The website must be COMPLETELY FREE from any viruses
-- The website must NOT prompt the user to download anything
-- The website must NOT prompt the user to set their homepage to that website or other URL
-- The website must NOT redirect to another website
-- The website is allowed to load a SINGLE pop-up (includes exit pop-ups) or pop-under (but not both) as long as the pop-up or pop-under meets the following criteria:
A ) The pop-up must display the "X" in the top right hand corner to permit the user to delete it with ease.
B ) The pop-up must NOT give rise to any other pop-ups, pop-unders, etc. as it is closed.
C ) The pop-up must meet all the same criteria as the main website you are advertising.
***NOTE: The use of rotators is NOT permitted. Promoter Members may only promote one (1) individual website per campaign.
The Company makes NO guarantee that all websites found within the network will be in compliance with the above stated guidelines. The Promoter member agrees to not hold the Company liable for any damages that may occur as the result of any such inappropriate websites being promoted in the network.
3.13 REMOVAL OF AFFILIATED MEMBERSHIP
An Promoter Member may at any time terminate his/her Promoter Membership by simply logging into the Promoter Members' area and going into his/her "Settings & Codes" and clicking on the link found there. Alternatively, a Promoter Member may have their Promoter Membership revoked by the Company in accordance with paragraph 5.1 below. If a Promoter Member should have their Promoter Membership cancelled for any reason, that Promoter Member will lose all traffic credits (whether earned or purchased) and will forfeit any remaining money in any of the accounts associated with that Promoter membership.
3.14 SEPARATE MEMBERSHIP
Although the Company owns both WWW.SM160.COM and WWW.SM160.net, the affairs of these two websites are handled separately. Members registered under WWW.SM160.COM do not automatically become members under WWW.SM160.net and vise versa. Referred Promoter Members are defined and grouped separately under these two websites. Likewise all earnings are classified and calculated separately under these two websites. Any member intending to obtain benefits from both websites must register as a Promoter Member of both websites respectively.
SECTION 4. COMPENSATION PLAN
4.1 EARNING MONEY
Promoter Members may at times be eligible to earn money through various referrals, promotions, incentives, or other as stated in the attachment hereto. Any money earned by Promoter Members is hereby declared as a compensation for services provided by that Promoter Member. In order to receive a payment, and restrictions as set out on the SM160 must be followed (such as minimum required for a payout, etc.).
Promoter Members are fully responsible for all cost associated with processing the payment. Promoter Members expecting to receive payments from China must have either a Paypal (China) account or a China Bank Payment account. Promoter Members expecting to receive payments out of China must have a Paypal™ account. The company also does not guarantee that any individual will make any money while acting as a Promoter Member of SM160. Any examples if any within the SM160 website that suggest possible earnings are simply for illustration purposes and do not represent a typical situation.
Promoter Members agree and authorize the Company to deduct withholding tax from its payment, if any as may be required by respective tax authorities.
SECTION 5. LEGAL POLICIES AND GUIDELINES
5.1 RIGHT TO REFUSE OR CANCEL AFFILIATED MEMBERSHIP
The Company reserves the right to refuse or cancel the Promoter Membership of any Promoter Member found to be in violation of any of the terms as set out in this Promoter membership Agreement, or if the Promoter Member is found to be defrauding the system in any way. The Company will also terminate the Promoter Membership of any Promoter member it feels is not acting in the best interest of the Company. In the event of a major violation, The Company will bring legal action against the Promoter member found to be guilty of such violation.
5.2 INDEMNIFICATION
All Promoter Members agree to take full responsibility for his/her actions while using any of the services or products found on the SM160 website. The Promoter member also takes full responsibility for any statements made, whether verbal or written, regarding the Company, the SM160 website, its products, services, or compensation plan. Promoter Members agree to indemnify and hold harmless the Company, its directors, affiliate officers, employees, and shareholders from any claim or demand whatsoever relating to or arising out of the Promoter member's use of the SM160 website and/or any of the services/products found within.