The TheViralizer.com Web Site (“the Site”) is an online information service provided by Add2it.com Marketing Pty Ltd as trustee for Add2it.com Marketing Trust (ABN 70 591 880 591). These terms and conditions apply to the use of this Site. In using this Site you agree to be bound by these terms and conditions. Please read this document carefully before accessing or using the Site. If you do not wish to be bound by these terms and conditions, you must refrain from using the Site.
In these terms and conditions, the expressions “we”, “us” and “our” are in reference to Add2it.com Marketing Pty Ltd as Trustee for the Add2it.com Marketing Trust.
In order to be able to access this Site, you must become a member. To become a member, you must have read and accepted these terms and conditions and register as a member by providing all details requested.
We reserve the right to suspend or terminate your membership at any time if you breach these terms and conditions (or any amendments of them).
Recurring Membership Charges
This site offers free as well as upgraded paid memberships which are charged on a monthly, quarterly or yearly. This is subscription based.
As an upgraded member, you agree to pay the initial charge and any recurring charges after that unless cancelled through the merchant, either via PayPal.com, PayZa.com or 2Checkout.com, depending on which payment processor you initially paid through.
You are not locked or binded into any contracts and may cancel your subscription at any time by contacting us through our support desk or by cancelling it through PayPal.com, PayZa.com or 2Checkout.com, depending on which payment processor you initially paid through.
Products & services are sold by Add2it.com Marketing Pty Ltd as trustee for Add2it.com Marketing Trust if paid for via PayZa.com or PayPal.com. If paid for via 2Checkout.com, then 2Checkout.com, Ohio, USA is the authorized reseller. In both cases the distribution and fulfillment is done by Add2it.com Marketing Pty Ltd as trustee for Add2it.com Marketing Trust, Toongabbie NSW, Australia (ABN 70 591 880 591).
Referral Fees and Payments
TheViralizer.com only pays commissions on members that you have directly referred yourself. TheViralizer.com does not pay commissions on multiple levels as TheViralizer.com is NOT a multi-level marketing company.
Membership of this Site will entitle you to earn referral fees, subject to the referral fee structures described within the Site and subject to specific offers we make to you from time to time. Referring yourself is prohibited and you understand, acknowledge and accept that TheViralizer.com monitors all member registrations and orders. In order to earn commissions on free members during our special promotions, at least 1% of your personally referred free members need to upgrade to a paid membership.
You agree that we may terminate this agreement and/or withhold all referral fees due if you are found to be in violation of these terms and conditions.
Usually, we shall pay referral fees to you weekly via PayPal.com or PayZa.com in US Dollars. In order to receive payment from us, you will need to set up a PayPal.com or PayZa.com account. We shall not pay referral fees until such time that you have accrued a minimum of $10.00 (USD) in referral fees. Referral fees on members directly referred by yourself shall accrue to your account. Affiliate marketing commissions will be paid ONLY when you refer a member yourself. No commissions are earned on members referred by ANYONE ELSE other than yourself. Please note that TheViralizer.com doesn't pay commissions on multiple levels as TheViralizer.com is NOT a multi-level marketing company. Payments will usually be sent to you two weeks after your personally referred member becomes a member of the Site.
If you are a business in Australia, you must provide us with your ABN number. If you are Australian, but are not an Australian registered business and you do not provide us with an ABN number, you will need to complete a “Statement by a supplier” supplied by the Australian Taxation Office and provide that statement, filled out and completed by you, to us at the following address:
Add2it.com Marketing Pty Ltd
Attn: Frank Bauer
P.O. Box 290
Stanhope Gardens NSW 2768
If you are an Australian resident (within the meaning of Australian taxation law) and do not provide us with your ABN number or a fully completed “Statement by a supplier”, we can not pay commissions to you via PayPal.com or PayZa.com until you either get an ABN number or send us a fully completed “Statement by a supplier” form. For Australian members that are GST registered, all referral fees paid by us to you shall be inclusive of Goods & Services Tax (GST) if applicable.
Returns and Cancellations
If a refund is requested by a customer for any product or service, the corresponding referral fee will be deducted from Member's commissions. The referral fee becomes immediately due to TheViralizer.com if Member does not have any commission due.
No Spam Policy
TheViralizer.com reserves the right to suspend or terminate any members account and withhold all referral fees due if we find any kind of unsolicited e-mail containing ANY reference to any product or service created by TheViralizer.com, our Web sites, or any connection that leads the recipient of said mail to our Web sites. These practices will NOT be tolerated.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic.
Emails from other Members
As a TheViralizer.com member you agree to receive emails from other members through our system, that means your email address will remain secure with us and no 3rd party will have access to it. If you prefer not to receive emails, please DON'T signup for TheViralizer.com or simply use the unsubscribe link in the email you receive. Existing members can cancel their account at any time by logging into their accout, clicking on their "Avatar" image in the upper right corner of their browser window and then clicking on the "Delete Account" link.
Emails to other Members
As a TheViralizer.com member you agree not to use misleading subjects in messages to other members. Members are required not to do anything that would be considered spam. The sending of any message that contains offensive, racial, sexual, adult only or immoral content is not permitted and can result in an immediate suspension of your account with no refunds granted.
Accounts of accountholders that have been suspended due to violations with site terms & conditions will remain suspended until the accountholder sends a physical letter acknowledging the violation and paying a first-time offender penalty of US $100.
Further violations of site terms & conditions will be fined with US $500 for each offense.
Server downtime caused as a result of violations will be fined with US $5,000 for each started 24 hour period.
Blacklist cleanup fees of US $1,000 will be be charged for each blacklist entry as a result of violations.
Upon receipt of penalty payments and the physical letter, accounts will be unsuspended within 24-48 hours.
Member may provide a link from a Referring Web Site to the TheViralizer.com Web Site or any Web Site owned by TheViralizer.com and earn referral fees as outlined above. Member may not display the TheViralizer.com name, image, or link in any way that may defame the TheViralizer.com name or brand.
Member may not link to TheViralizer.com from a Referring Web Site which promotes spam as described in this Agreement, sexually explicit material, violence, illegal activities such as software piracy, or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age.
References and Testimonials
Member agrees to cooperate with TheViralizer.com in the development of press releases, testimonies, and other such marketing materials. Member grants TheViralizer.com unlimited rights to reference Member in any and all marketing materials, without further compensation.
TheViralizer.com gives a 30 days 100% money back guarantee on all membership fees. Advertisement credit purchases can be refunded within 30 days as long as the credits have not been used yet. If they have been partially used, a partial refund is possible within 30 days of purchase.
Amendments to Terms & Conditions
We may modify or amend these terms and conditions from time to time. Any modifications or amendments we make will be effective immediately upon notification on the Site. You agree to review these terms and conditions periodically to be aware of any such modifications or amendments to these terms and conditions and your continued access or use of the Site, after any such amendments or modifications have been posted on this Site, shall be deemed to be your conclusive acceptance by you to be bound by the terms and conditions as amended or modified.
Except for the information, products or services clearly identified as being supplied by us, we do not operate, control or endorse any information, products or services on the internet in any way. Except for information, products or services identified as being provided by us, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with us.
We do not accept responsibility for any loss or damage, however caused, which you may directly or indirectly suffer in connection with your use of this Site (including the failure of any cloaking), nor do we accept any responsibility for any loss or damage arising out of your use of or reliance on information contained on or accessed through this Site in accessing this Site, and you assume total responsibility and risk for your use of the Site and the Internet generally. We provide the Site and related information “as is” and do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or infringement or implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise information or service(s) provided through the Site or on the Internet generally. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
We do not warrant that the service will be uninterrupted or error free or that defects in the Site will be corrected. We do not accept any responsibility to any loss or damage suffered by you in an event of interruption to the Site or malfunction (temporary or otherwise) of servers supporting the Site.
You also understand that the nature of the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials and sites is at your own risk and we have no control over and accept no responsibility whatsoever for any such materials that may offend you or otherwise.
To the extent permitted by law, any conditional warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that conditional warranty will be deemed included but our liability will be limited.
When you access a non-TheViralizer.com website, please understand that it is independent from this Site and that we have no control over the content on that website. In addition, a link to a TheViralizer.com website does not mean that we endorse or accept any responsibility for the content, or use of such website.
Further you understand that any statements on this site made in regards to finanicial or other results are not guaranteed as results may vary depending on your own effords.
Exception to Disclaimer
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under any applicable legislation if, and to the extent, such liability cannot be lawfully excluded.
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk or viruses, malicious computer code or other forms of interference which may damage your own computer system or network. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or network which arises in connection with your use of this Site or any linked website.
While we have no reason to believe that any information contained on this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site.
Responsibility for the content of advertisements appearing on this Site (including emails and hyperlinks to other websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advisor's products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Indemnification by You
You agree to indemnify us and hold us harmless, including our offices, directors, employees, agents, licensors, suppliers and any third party information providers to this Site, from and against all losses, expenses, damages and costs, including all legal fees and disbursements, resulting from any breach of the terms and conditions (including negligent or wrongful conduct) by you or any other person accessing this Site on your behalf.
Copyright in this Site (including text, graphics, logos, icons, video, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site (including but not exhaustively text, graphics or code); or
- commercialise any information, products or services obtained from any part of this Site, without our written permission.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks;
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this Site).
Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without or written permission on-sell information obtained from this Site.
Linked Web Sites
This Site may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Termination of Access
Access to this Site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in New South Wales, Australia and the parties hereby submit to the exclusive jurisdiction of the Courts of New South Wales and/or the Commonwealth of Australia where applicable.
Any cause of action or claim you may have against us with respect to the Site must be commenced within 1 year after the cause of action arises, subject to any applicable legislation prohibiting this limitation.
We may assign our rights and duties under this Agreement to any party at any time without having to provide prior notice to you or obtain your prior consent.
Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right to which we are entitled.
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