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Terms and Conditions of Service
Members and Affiliates


This agreement describes the terms and conditions applicable to your use of our resources and services and the general principles of WEIGHT LOSS WARRIORS™. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our web-site, resources, or services.

This is a legal agreement between you and WEIGHT LOSS WARRIORS™. Please read the Agreement carefully before registering for the Service. By completing your registration, you will become a registered user of the Service and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Registered User. The Terms are subject to change by WEIGHT LOSS WARRIORS™ at any time, effective upon notice to you, any use of the Service after such notice will constitute acceptance by you of such changes.

GO TO MEMBER GUIDELINES

GO TO AFFILIATE GUIDELINES

MEMBER GUIDELINES

GENERAL GUIDELINES

  • You will only create one Registered member User profile with the Service.
  • Certain personal information you provide will be made available to, or will otherwise be accessible by, other Registered Users.
  • MINORS MAY NOT BECOME REGISTERED USERS. By registering, you acknowledge and guarantee that you are at least 21 years old.
  • Users will not engage in advertising to, or solicitation of, other Registered Users to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Registered Users.
  • Your account is for your use only, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
  • As a Registered User, you agree that you are solely responsible for the content or information you publish, display or otherwise communicate in any manner on the Service, or transmit to other Registered Users.
  • You will not post on the Service, or transmit to other Registered Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
  • You will use the Service in a manner consistent with any applicable local, state, national and international laws and regulations. Membership in, and use of, the Service is void where prohibited.
  • You will not provide inaccurate, misleading or false information to WEIGHT LOSS WARRIORS™ or to any other Registered User. If information provided to WEIGHT LOSS WARRIORS™, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly notify WEIGHT LOSS WARRIORS™ of such change.
  • Your E-mail correspondence with other Non-registered Users will not include any information which would enable other Non-registered Users to use Registered User services.
  • You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when meeting individuals through the Service.
  • You understand that WEIGHT LOSS WARRIORS™ makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
  • You will promptly report to WEIGHT LOSS WARRIORS™ any violation of the Terms of this Agreement by other Registered Users.
  • WEIGHT LOSS WARRIORS™ reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. WEIGHT LOSS WARRIORS™ shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of WEIGHT LOSS WARRIORS™, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Registered Users that are not readily accessible to the general public will be treated as private by WEIGHT LOSS WARRIORS™ to the extent permitted by applicable law.

  • Complaints - To resolve a complaint regarding the Service, you should first contact WEIGHT LOSS WARRIORS™ by clicking on the "Contact" button to E-mail customer service.
  • Termination - Either you or WEIGHT LOSS WARRIORS™ may terminate your account at any time, for any reason, without explanation, effective upon sending written notice to the other party. WEIGHT LOSS WARRIORS™ reserves the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you which is brought to WEIGHT LOSS WARRIORS™ attention. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to WEIGHT LOSS WARRIORS™ by you shall be nonrefundable.

WARRANTIES

  • WEIGHT LOSS WARRIORS™ PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. WEIGHT LOSS WARRIORS™ SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  • WEIGHT LOSS WARRIORS™ DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WEIGHT LOSS WARRIORS™ DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
  • WEIGHT LOSS WARRIORS™ CAN IN NO WAY LEGALLY GUARANTEE YOUR SUCCESS AS A MEMBER OF OUR SITE.

LIMITATION OF LIABILITY

  • IN NO EVENT SHALL WEIGHT LOSS WARRIORS™ BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WEIGHT LOSS WARRIORS™ KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • UNDER NO CIRCUMSTANCES WILL WEIGHT LOSS WARRIORS™ AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.
  • WHILE WEIGHT LOSS WARRIORS™ MAY PERFORM AN INITIAL SCREENING OF INDIVIDUALS REGISTERING FOR THE SERVICE, WEIGHT LOSS WARRIORS™ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF SUCH INDIVIDUALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE REGISTERED USERS.
  • IN NO EVENT SHALL WEIGHT LOSS WARRIORS™ BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.
  • WEIGHT LOSS WARRIORS™ DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN WEIGHT LOSS WARRIORS™. UNDER NO CIRCUMSTANCES WILL WEIGHT LOSS WARRIORS™ BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.
  • UNAUTHORIZED USERS - IT IS POSSIBLE THAT OTHER REGISTERED USERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") MAY POST OR TRANSMIT OFFENSIVE OR OBSCENE MATERIALS ON THE SERVICE AND THAT YOU MAY BE INVOLUNTARILY EXPOSED TO SUCH OFFENSIVE AND OBSCENE MATERIALS. IT ALSO IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICE, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WEIGHT LOSS WARRIORS™ IS NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICE. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICE OR RELEASE TO OTHERS.

LEGAL

  • These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Minnesota, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate WEIGHT LOSS WARRIORS™ and/or its affiliates' intellectual property rights, WEIGHT LOSS WARRIORS™ and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts.
  • If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Minnesota. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Minnesota, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
  • This Agreement, accepted upon registration for the Service, contains the entire agreement between you and WEIGHT LOSS WARRIORS™ regarding the use of this Service. Unless otherwise explicitly stated, the terms will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

ONLINE CONTENT

  • Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by WEIGHT LOSS WARRIORS™, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
  • Dealings with Advertisers - Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WEIGHT LOSS WARRIORS™ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
  • The material on this site is protected by International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, imitate or distribute in any way any material from this site including text, graphics, databases, HTML code, software, or any other intellectual property, whole or in part without explicit permission. Any unauthorized use by you may be an infringement of such copyright. If you become a subscriber to WEIGHT LOSS WARRIORS™ service, any abuse of the service in-connection with this Web site may terminate your account, without notice.
  • Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
  • The information on this site and associated information is intended for general reference purposes only and is not intended to address specific medical conditions. Nutrition and diet information changes rapidly and while WEIGHT LOSS WARRIORS™ updates the content on the site, some information may be out of date. This information is not a substitute for professional medical advice or a medical exam. Prior to participating in any diet program or activity, you should seek the advice of your physician or other qualified health professional. No health information on this site should be used to diagnose, treat, cure or prevent any medical condition.
  • The accuracy of the member testimonials is believed to be reasonably accurate, but we do not, and cannot, legally guarantee or verify the accuracy of any testimonial provided.

PROPRIETARY RIGHTS

  • WEIGHT LOSS WARRIORS™ owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. In addition, other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
  • By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to WEIGHT LOSS WARRIORS™ and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

CONFIDENTIALITY

  • WEIGHT LOSS WARRIORS™ commits to safeguarding consumer privacy on our Web site and operate under a strict set of privacy principles. WEIGHT LOSS WARRIORS™ will ask you for your email address if you wish to register as a site member, and we also may request that you provide Personal Information as part of that registration. We use your Personal Information as part of the service provided by WEIGHT LOSS WARRIORS™ and will use this to inform you of new features, services, and products on the site. Site members, for example, may choose to receive a weekly email newsletter.
  • WEIGHT LOSS WARRIORS™ provides our members with the opportunity to interact with each other. You are offered the opportunity to contact other members by email, including your email address with your message, but you are not obligated to do so. Please keep in mind that whenever you voluntarily disclose personal information online, there is a risk of receiving unsolicited messages from other parties in return. We cannot control the actions of any 3rd parties. WEIGHT LOSS WARRIORS™ may occasionally contact you on behalf of external business partners about a particular health-related offering that we think will be of interest to you. In no case, does WEIGHT LOSS WARRIORS™ share your personal information (such as email or name) with any third party without your permission. On request, we will promptly delete any information you may have provided us.
  • With the exception of the information provided to other Registered Users pursuant to the terms of the Service, WEIGHT LOSS WARRIORS™ will keep confidential all information supplied to WEIGHT LOSS WARRIORS™ by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law.
  • You agree to treat as strictly private and confidential any subscriber code, username, user ID, or password which you may have received from WEIGHT LOSS WARRIORS™. This includes all information to which you have access through password-protected areas of WEIGHT LOSS WARRIORS™ website. You will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

AFFILIATE GUIDELINES

WEIGHT LOSS WARRIORS™ is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the ("Product"). Product refers to the singular as well as the plural.

WEIGHT LOSS WARRIORS™ intends to sell and distribute the product electronically and or physically using, in part, third party affiliates who will establish links to WEIGHT LOSS WARRIORS™ Web site where the Product will be offered for sale.

PARTICIPATION & REPRESENTATION

  • WEIGHT LOSS WARRIORS™ hereby grants to the Affiliate the non-exclusive and revocable right to market and advertise the Product and to establish links to WEIGHT LOSS WARRIORS™ Web site, in accordance with this Agreement.
  • The Affiliate shall advertise the Product through the Internet and shall develop, operate and maintain links from its site to WEIGHT LOSS WARRIORS™ site at its sole cost and expense.
  • The Affiliate represents and warrants to WEIGHT LOSS WARRIORS™ that this Agreement has been duly and validly executed and constitutes and shall continue to constitute a legal obligation, enforceable in accordance with its terms.

AFFILIATE SALES COMMISSIONS

  • If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate or of a member of the Affiliate's team (as defined) orders and pays for the Product or other goods or services sold by WEIGHT LOSS WARRIORS™ in the future, WEIGHT LOSS WARRIORS™ shall pay the Affiliate a sales commission determined in accordance with the current Affiliate Compensation Schedule and which forms an integral part of it. The commission is based upon the paid selling price of the purchased goods or services before tax and excluding returns ("Sales Commission").
  • AN AFFILIATE SHALL NOT RECEIVE A SALES COMMISSION FOR A PRODUCT PURCHASE MADE, DIRECTLY OR INDIRECTLY, BY HIMSELF/HERSELF. WEIGHT LOSS WARRIORS™, in its sole and complete discretion may create multiple level compensation plans. In the case of a multiple level compensation plan, an Affiliate's Team means all Affiliates introduced to the Program by the Affiliate in question. In the event that more than one Affiliate claims the same commission for a sale, WEIGHT LOSS WARRIORS™ shall select the Affiliate which shall receive the compensation.
  • The Affiliate shall be responsible for all taxes and other similar levies applicable to the Sales Commission pursuant to any law or regulation. The Affiliate shall report the Sales Commission to its taxation authorities as required by law.
  • WEIGHT LOSS WARRIORS™ shall post and maintain, on a current basis, a designated password-protected Web page for each Affiliate showing the Affiliate's participation in the Program including number of potential customers referred by it and an estimate of the Sales Commission owing to it. WEIGHT LOSS WARRIORS™ shall, on or about the 28th-31st of each month, mail or otherwise transmit the Sales Commission representing the amount payable for the sales completed in the previous month. Sales statistics of the referred transactions, supporting the amount paid, shall be made available on the Affiliate's private site. Affiliates will receive the Sales Commission in US funds via PayPal.com. For administrative convenience, if the Sales Commission is less than $25 dollars in a month, it shall be sent during a future month when and if the amount reaches or surpasses $25 US. If an Affiliate maintains a balance of less than $25 dollars of Sales Commission in a period of 12 consecutive months without asking for payment during that time, the Sales Commission shall be forfeited. Sales Commission overpayments may be deducted from future payments or shall be reimbursed by the Affiliate.

AFFILIATE SITES AND PROMOTION METHODS

  • The Affiliate shall be solely responsible for all materials that appear on its site. It shall strictly adhere to all applicable laws and regulations in conducting its business and more specifically in marketing and advertising the Product. Without restricting the generality of the foregoing, the Affiliate shall not send unsolicited e-mail (SPAM) and shall not send e-mail or any other communication to a recipient if the recipient has requested that it discontinue such communication, nor shall it send or display on its Web site any material that may be considered to be harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful.
  • WEIGHT LOSS WARRIORS™ shall have the right, but not the obligation, to pre-approve the graphics and logos used on any Web site which is linked to its site. Furthermore, the Affiliate shall annotate its site with appropriate copyright, trademark and other similar notices, which shall be approved by WEIGHT LOSS WARRIORS™. If the Affiliate specifies a price point for the Product in its marketing and advertising, it shall ensure that it is updated regularly to reflect all price changes.
  • WEIGHT LOSS WARRIORS™ shall have the right to monitor the Affiliate's Web site at any time and from time to time to determine if it is in compliance with the terms and conditions on this Agreement.
  • The Affiliate agrees not to use any predatory advertising methods designed to generate traffic from sites that they have not contracted with in the online promotion of WEIGHT LOSS WARRIORS™ products, services or affiliate program. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's, knowledge, permission, and participation. Examples include, but are not limited to, keyword parsing, browser plugins such as TopText and Surf+, banner replacement technology such as Gator, browser spawning technology that is not web site dependent. Participation in predatory advertising programs will be cause for the affiliate's immediate termination.

ORDER PROCESSING

  • WEIGHT LOSS WARRIORS™ shall establish the procedures of selling the Product including, without limitation, the placement of orders, pricing, payment terms, processing, delivery, returns etc. Without restricting the generality of the foregoing, WEIGHT LOSS WARRIORS™ shall have the right to cancel, suspend or delay any order for the Product, including the right to discontinue selling the Product at any time.

LICENSES AND GOODWILL PRESERVATION

  • WEIGHT LOSS WARRIORS™ shall have the right, but not the obligation, to approve, in its sole and absolute discretion and with due regard to the protection and preservation of the goodwill of the Product any promotional, advertising or marketing item used by the Affiliate. The Affiliate shall make all deletions and modifications suggested by WEIGHT LOSS WARRIORS™ on any site where the Product is mentioned.
  • The Affiliate shall acknowledge and clearly identify and respect that all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Product are, and shall continue to be, the exclusive property of WEIGHT LOSS WARRIORS™. In the event the Affiliate learns of any claim or allegation that the Product infringes upon or violates any intellectual property or proprietary rights of a third party, or contains any unlawful, libelous, or untrue statement, it shall immediately notify WEIGHT LOSS WARRIORS™ so as to enable WEIGHT LOSS WARRIORS™ to defend, settle or otherwise resolve the claim or allegation in a manner that WEIGHT LOSS WARRIORS™ deems appropriate in its sole discretion.
  • Customers who purchase the Product through the Program shall be deemed to be customers of WEIGHT LOSS WARRIORS™, and the Affiliate shall refer all Product-related questions, requests or queries to WEIGHT LOSS WARRIORS™. WEIGHT LOSS WARRIORS™ shall have the right to utilize the Affiliate's name and logo to advertise, market, promote and publicize in any manner the Product.
  • The Affiliate shall not make or give to a customer or a potential customer any warranty, representation or other statement concerning the Product without first obtaining the written consent of WEIGHT LOSS WARRIORS™.

RELATIONSHIP OF PARTIES

  • While the parties shall work hand-in-hand for the benefit of both, the parties acknowledge and agree that the Affiliate shall, from a legal perspective, act as and shall be an independent contractor and not an employee or agent of WEIGHT LOSS WARRIORS™. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties in the legal sense of these terms. The Affiliate shall not sign any document in the name of or on behalf of WEIGHT LOSS WARRIORS™ nor shall it hold itself out as being an agent of WEIGHT LOSS WARRIORS™ or as having apparent authority to contract for or bind WEIGHT LOSS WARRIORS™.

LIMITATION OF LIABILITY

  • In no event shall WEIGHT LOSS WARRIORS™ be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this Agreement or the Product, whether or not such party has been advised of the possibility of such damages. WEIGHT LOSS WARRIORS™ shall not be liable for any damages if, for any reason whatsoever, its Web site fails or is non-operational.

TERMS OF THE AGREEMENT

  • In the event that the Affiliate breaches any of the undertakings or obligations set forth in this Agreement and does not remedy same within 7 days notice from WEIGHT LOSS WARRIORS™, it shall automatically forfeit the Sales Commission then receivable or receivable at any time in the future. WEIGHT LOSS WARRIORS™ shall, in addition, have the right to terminate this Agreement and shall retain all other rights and remedies available to it at law or in equity.
  • This Agreement shall automatically terminate if the Affiliate ceases to actively market the Product for a period of 90 days. WEIGHT LOSS WARRIORS™ shall have the right but not the obligation to terminate this Agreement with an Affiliate whose Sales Commission in a calendar year was in the bottom 5 percent of Sales Commission of all Affiliates in the calendar year in question, by giving the Affiliate 90 days notice of termination. In such cases the Sales Commission owing, representing the sums earned shall be paid even after termination of this Agreement. The Affiliate shall have the right to terminate this Agreement at any time upon written notice to WEIGHT LOSS WARRIORS™.
  • As soon as notice of termination of this Agreement is given or upon termination as herein provided, the Affiliate shall immediately cease its marketing and advertising of the Product and shall forthwith eliminate all mention and references to the Product and all links to WEIGHT LOSS WARRIORS™. Pending the completion of the foregoing, WEIGHT LOSS WARRIORS™ may hold in abeyance the Sales Commission.

  • This Affiliate Agreement shall automatically terminate if the Affiliate's own WEIGHT LOSS WARRIORS™ membership is terminated, either by the member or by the WEIGHT LOSS WARRIORS™ administration when undertakings or obligations set forth in our Terms of Service are breached. The Affiliate Sales Commission then receivable or receivable at any time in the future shall be forfeited. WEIGHT LOSS WARRIORS™ shall, in addition, have the right to retain all other rights and remedies available to it at law or in equity.

MODIFICATION AND APPLICATION OF AGREEMENT

  • WEIGHT LOSS WARRIORS™ may, in good faith, modify any of the terms and conditions contained in this Agreement (including the Affiliate Compensation Schedule), at any time and in its sole discretion, by posting a change notice or a new agreement on its Web site. If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this Agreement. The Affiliates continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.
  • The Affiliate shall not assign, transfer or convey this Agreement or any part thereof to any other party without WEIGHT LOSS WARRIORS™ consent which shall not be unreasonably refused.
  • This Agreement shall endure to the benefit of and be binding upon the parties hereto and their respective heirs, legatees, executors, legal representatives, successors and assigns.
  • This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements and understandings, if any. For greater certainty but without restricting the aforementioned, information contained in any of the following shall not form part of this Agreement, namely:
  • Descriptions of the Program (including the descriptions of Sales Commission payable to the Affiliates) on WEIGHT LOSS WARRIORS™ Web site(s); E-mail communications from WEIGHT LOSS WARRIORS™ or from any of its employees, officers or directors; Information in the Product, or in marketing/informational documents.

INDEPENDENT INVESTIGATION

  • The Affiliate acknowledges that it has reviewed this Agreement and agrees to all its terms and conditions. The Affiliate understands that WEIGHT LOSS WARRIORS™ may at any time solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with the Affiliate's Web site. The Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement.

MISCELLANEOUS PROVISIONS

  • Any reference in this Agreement to gender includes all genders and words importing the singular number only shall include the plural and vice versa.
  • Each of the parties adhere to covenants and agrees that it shall execute and deliver such additional agreements and documents and do such acts and things as may be reasonably necessary to carry out the intent and purpose of this Agreement.
  • Time shall be of essence of this Agreement.
  • All notices, requests and other communications shall be deemed to have been received when posted by WEIGHT LOSS WARRIORS™ on its Web site. It shall also be deemed to have been received on the next business day if transmitted by Telecopier, e-mail or any other form of electronic mail to the last known electronic address of the intended recipient.
  • If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Minnesota, US. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Minnesota, US, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. The parties have required that this Agreement and related documents be drafted in English.

 REJECTION CRITERIA

We will reject anyone who uses marketing techniques that... 

Are harassing or use SPAM in any way, shape, or form (for full details see our spam policy to follow below)

  • Exploit sex to sell
  • Promote violence
  • Are hateful in any way
  • Are libelous or defamatory
  • Are threatening or abusive
  • Are illegal or on the borderline
  • Violate the copyrights or trademarks of others
  • Are in such poor taste that we do not want the association.

Earnings Disclaimer

  • Every effort has been made to accurately represent by WEIGHT LOSS WARRIORS™ (the "product") and its potential, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not purport this as a "get rich scheme." Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
  • Materials in our product and our website may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
  • Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody elses, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

STRICT NO SPAM POLICY

We have a zero tolerance spam policy. You shall not use our services in connection with any type of spam promotions. Spam shall include, but is not limited to, the sending of unsolicited information to a person or group that has not specifically asked to receive that particular information or is not a personal acquaintance of the individual sending the information. The WEIGHT LOSS WARRIORS™ domain and its affiliated domains shall not be included in any such correspondence. This includes putting the link as html that does not visibly show the domain. Putting in a disclaimer providing the method for a recipient to be removed from a mailing list does not make this practice acceptable.

Any WEIGHT LOSS WARRIORS™ member/affiliate/user that engages in spam in connection with the site in any way shall have their membership terminated immediately, could lose any or all affiliate commissions due to them, and shall be held liable for any and all damages and/or losses that may result as a consequence.

The definition of spam shall further include, but not be limited to the following:

  • Sending any email with the WEIGHT LOSS WARRIORS™ name or any variation thereof, to any type of mailing list or opt-in list that has been purchased or acquired [by you or the sender] from an outside individual or party.
  • Sending any email with the WEIGHT LOSS WARRIORS™ name or any variation thereof, to any type of manually or automatically harvested list of email addresses, names, or contacts.
  • Sending any email with the WEIGHT LOSS WARRIORS™ name or any variation thereof, to any type of "safe list" or through any type of "safe list" service.
  • Sending any email with the WEIGHT LOSS WARRIORS™ name or any variation thereof, to any type of "lead" or "prospect" before you have received a request for more information from the recipient.
  • Sending any email with the WEIGHT LOSS WARRIORS™ name or any variation thereof, as part of a confirmation/thank you letter as a result of posting to a classified ad site or ffa (free for all links) site.
  • Sending any email with the WEIGHT LOSS WARRIORS™ name or any variation thereof, as the return address.
  • Faxing or fax blasting any message with the WEIGHT LOSS WARRIORS™ name or any variation thereof, to any recipient that has not requested the information first.
  • Use of the WEIGHT LOSS WARRIORS™ name or any variation thereof as part of any inappropriate news group or forum postings.
  • Use of any account in a manner not specifically authorized by WEIGHT LOSS WARRIORS™ is a misappropriation of our intellectual property and will be treated as such.

That concludes the WEIGHT LOSS WARRIORS™ User Agreement. If you have any questions about this agreement, please contact us.

 

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