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Privacy and use of information

a. We agree that we will at no stage intentionally sell, distribute, transmit, disseminate or release your User Details or uploaded data to third parties without your consent.

b. We agree that we will use our best practices to ensure the security and integrity of the information we receive from you.

c. You acknowledge that:

1. We cannot guarantee the security or privacy of information submitted by you to us; and

2. you release us from all liability in connection with the matters contained in this section of this document.

d. You authorize Extreme Member to contact you from time to time via email, voice, fax or SMS on any matter deemed appropriate by Extreme Member.

1. Terms and Conditions

a. By clicking the ‘I Agree’ button and you confirm that you have read, understand, accept and agree to the following terms and conditions. These terms and conditions form a binding agreement between you, the Affiliate (“Affiliate”, “you” or “your”) and the owner and operator of Extreme Member, (“we”, “us”, “our”, or “Extreme Member”).

b. We reserve the right to change, remove or add additional terms and conditions to this document at any time. You will be notified by email or other means of any changes, and may terminate the agreement on 30 days notice if you do not accept those changes.

c. You are deemed to accept those changes if you fail to notify us in writing of your intention to terminate the agreement within 15 days of being notified.

d. We have no responsibility to inform you of changes made to these terms and conditions except as mentioned in paragraph 1.b of this document.

If you disagree with any of the terms and conditions contained in this document, do not click the ‘I Agree’ button at the foot of this contract.

2. Our obligations

We agree to be bound by the following obligations, depending upon which Affiliate program you register for:

Obligation:	Private Label Affiliate	Standard Affiliate
Front End	We will provide you with a customised webpage which will act as a ‘Front End’ to Extreme Member’s interface (‘Front End’). This Front End will conform to the standard Extreme Member design, but carry your desired name and logo. Any additional customisation must be agreed to between the parties, and may attract a further fee.	Not Applicable
Commission	We will pay you a commission calculated as a percentage of the revenue received by us from users that create an account through your ‘Front End’ website. The percentage used to calculate the commission is listed on the [Pricing Page].	We will pay you a commission calculated as a percentage of the revenue received by us from users that we determine have been referred to Extreme Member by you in the 6 month period prior to their signup. The percentage used to calculate the commission is listed on the [Pricing Page].
Tracking of referrals	We will determine which users have created accounts through your ‘Front End’ in order to determine your referrals.	We will track referrals using a tracking advertising banner that we will provide to you.
Payment of commission	We will send you the commission earned through your referrals on a monthly basis. Royalties will only be sent, however, when the amount earned is equal to, or exceeds, $50USD. All payments will be made via PayPal. In order to receive commission, you must have a valid PayPal account.	Same as Private Label Affiliate.
Services	We will provide users of your front-end service with all Extreme Member services as agreed between us and the user.	Not Applicable
Tracking Advertising banner	Not Applicable	We will provide you with an advertising banner which must be used in order to track referrals by you to Extreme Member.

3. Your obligations:

You agree to the following obligations, dependant upon which Affiliate program you register for:

Obligation:	Private Label Affiliate	Standard Affiliate
Affiliation Fee	As a Private Label Affiliate you agree to pay an upfront affiliation fee, as specified on [the Pricing Page].	Not Applicable.
Offensive material	You will not associate your Front End website with any offensive or obscene material, including but not limited to explicit, pornographic or offensive images or text. What is objectionable shall be determined by us in accordance with standard internet practices.	Same as Private Label Affiliate.
Privacy of information	You confirm that you will not violate the confidentiality of any information you receive about users you have referred to Extreme Member and that you will not sell the information obtained through Extreme Member to third parties.	Not applicable.
Who you can refer	You can only refer end-users to Extreme Members. You are not able to refer other Extreme Member affiliates.	Same as Private Label Affiliate.

4. Determination of referrals:

a. We have the sole right to determine whether a user has been referred to Extreme Member by you.

b. We do not guarantee, and are not responsible for, the accuracy of our tracking systems.

c. Any revenue received by Extreme Member from a user referred by you that is refunded will not count towards your commission. We will adjust your commission to account for any refunds or resales that have occurred.

5. Affiliation Fee (Private label service only):

a. The Affiliation Fee will be paid by you to us, as specified on the Extreme Member website.

b. Failure to pay the Affiliation Fee (or any instalment or part-payment as and when due) will constitute a fundamental breach of this agreement and entitle us to terminate the agreement immediately at our discretion.

6. Term

a. This Agreement is effective from the date of your acceptance of this agreement, and continues unless/and until cancelled by either party on 30 days’ written notice to the other party, or by you clicking the ‘Cancel my account’ button in the secure area of the website, unless otherwise agreed by the parties, in writing.

b. If cancelled by clicking the ‘Cancel my account’ button, you may, at our discretion, be charged for up to 30 days service from when you cancelled your account.

7. User Conduct:

a. As an affiliate of Extreme Member, you agree that you will not:

1. use Extreme Member’s affiliate program for an illegal, immoral, unethical, or unlawful purpose, or in a way that encourages criminal activity;

2. act in a manner which may threaten the operation, integrity or security of the website;

3. upload, transmit, post or share any virus or malicious computer code or software which may cause damage to, or violate the privacy of Extreme Member or any other user of the site;

4. upload, transmit, post or share any explicit, pornographic or offensive images or text.

5. use any form of Unsolicited email to market, promote or endorse Extreme Member. You MUST comply with Anti-Spam laws including the CAN-SPAM act. Any user who is reported for Spamming or violating these laws will have their account cancelled immediately and shall forfeit all commissions.

b. You will not upload any information that

1. is fraudulent; or

2. is in any other way objectionable.

c. What is objectionable shall be determined by us in accordance with standard internet practices and etiquette, at our sole discretion.

d. You agree to use this website in accordance with this agreement, and any and all applicable statutes, laws and regulations relating to your use of the internet in the state, country or region in which you are present.

8. Usage and Content

a. Provision of Extreme Member’s Front End website and Advertising Banner is at our discretion. We provide no guarantee of the availability or suitability of the services provided by Extreme Member to your business. We retain the right to remove, alter, discontinue or terminate any aspect of the Affiliate Program provided to you without notice.

b. We have no obligation to provide uninterrupted access to the Front End website and although we will do our best to provide continuous access, the Front End website may, from time to time, be inaccessible.

9. Confidential Information

a. Confidential Information means any information not generally known to the public that:

1. either party notifies in writing is either proprietary or confidential;

2. because of the circumstances of its disclosure should be treated as proprietary or confidential;

3. is information concerning the technical processes, finances, pricing or commercial operations of a party;

4. contains the terms of this Agreement, or any related negotiations; or

5. comprises the data uploaded by you to our servers.

b. Neither party will use the other party’s Confidential Information without prior written consent, except strictly for the purposes contemplated by this Agreement, and a party may only disclose the other party’s Confidential Information:

1. if required by law;

2. to exercise their rights under this Agreement;

3. if necessary to perform their obligations under this Agreement;

4. if the other party has provided their written consent to the disclosure;

5. if the Confidential Information is already in the public domain (otherwise than as a result of disclosure in breach of this Agreement).

10. Affiliate Information

a. By agreeing to this contract, you agree to:

1. Affirm that all information provided by you is complete and accurate.

2. Agree to update your Affiliate Information as required to ensure that Extreme Member retains an accurate record of your details.

3. Agree to keep the details of your secure access information private and confidential.

b. We agree to keep your information in accordance with paragraph 11 of this document.

c. We reserve the right to any of the following, without limitation:

1. Suspend your Affiliate Account;

2. Permanently remove or alter content related to your account;

3. Terminate your account if you breach any term or condition contained within this document;

11. Privacy and use of information

a. We agree that we will at no stage intentionally sell, distribute, transmit, disseminate or release your Affiliate Details or uploaded data to third parties without your consent.

b. We agree that we will use our best practices to ensure the security and integrity of the information we receive from you.

c. You acknowledge that:

1. We cannot guarantee the security or privacy of information submitted by you to us; and

2. you release us from all liability in connection with the matters contained in this section of this document.

d. You authorize Extreme Member to contact you from time to time via email, voice, fax or SMS on any matter deemed appropriate by Extreme Member.

e. Further conditions relating to our use of information may be contained in a separate Privacy Policy.

12. Intellectual Property

a. Copyright, and all other intellectual property rights (of whatever nature and wherever situated) in this website and this interface, its look and feel and technology, including but not limited to:

1. Membership & Subscription Manager;

2. Content Management System;

3. Blogging Technology;

4. Affiliate Management System;

5. Newsletter & Contact Manager;

6. Advanced Statistics & Google Analytics Integration;

7. Automatic Google Site Map Generator;

8. Payment Gateway Integration;

9. Online WYSIWYG Editor; and

10. SMARTResponders^TM

and all other content created by Extreme Member (together, “the Content”) is, as between you and Extreme Member, owned by Extreme Member. We reserve the right to use, alter, add to, or remove elements of the Content as we deem fit at our sole discretion.

b. Except where necessary for viewing the content on this Web Site on your browser, as permitted under relevant legislation, or these Terms of Use, none of the content may be reproduced, adapted, uploaded, provided to a third party, linked to, framed, distributed or transmitted in any form by any process without specific written consent of Extreme Member.

13. Indemnity

a. You agree to indemnify us, our officers, directors, staff, agents and contractors from any loss or damage, including any and all legal costs (including lawyers fees), which we may suffer as a result of your usage of Extreme Member and the affiliate program.

b. You agree to cooperate fully with us in the defence of any claim.

c. You agree that we have fully immunity from any liability whatsoever in relation to any information, data, publication, transmission or communication of any kind made by you on or in relation to Extreme Member.

d. You agree to ensure that you will not enter into any agreement with a third party such that the agreement between you and Extreme Member shall place you in breach of the agreement with the third party.

e. You agree to indemnify us from any action by a third party in relation to your agreement with us.

f. In no event will we be liable to you or any other party for direct or indirect loss in connection with data uploaded by you to our servers.

g. You agree that you will be compliant with the Michigan and Utah Child Protection Email Address Laws which involves (a) either never sending any email containing unpermitted materials, links to unpermitted materials, or even links to sites which have information about the unpermitted materials; or (b) You are responsible for matching your mailing lists against the email registries maintained by Michigan and Utah, on a monthly basis.

h. You agree that we have full immunity from any liability whatsoever in relation to you not complying with the laws outlined in 13 g.

14. Accuracy of information

a. You acknowledge that we make no representation whatsoever about the accuracy or truth of any data held on Extreme Member servers.

15. Termination

a. We reserve the right to alter, suspend or terminate an Affiliate’s access at our discretion without notice.

b. A breach of any of these terms and conditions will result in the immediate termination of the Affiliate’s access to the website, and if applicable, Affiliate Account.

c. On termination, we will forward any outstanding commission to you within 30 days.

16. Force Majeure

a. A party will not be liable to the other party for any failure or delay in performing its obligations under this Agreement (except for the payment of money) to the extent that this is caused or arises from events which include, but are not limited to:

1. fire, flood, lightning, storm or extreme weather conditions;

2. strikes, lock-outs, boycotts or other industrial disputes;

3. acts of war, terrorism, riots, civil commotion and explosions;

4. government restrictions.

17. Independent Proprietor

a. The parties are independent of each other and not in an agency, joint venture, employment or partnership relationship.

18. Entire Agreement

a. This Agreement records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.

19. Governing Law

a. This Agreement is governed by, and must be interpreted in accordance with, the laws of South Australia.

b. You submit to the exclusive jurisdiction of courts in South Australia.

20. Assignment

a. You may not assign this agreement to any other person or body corporate;

b. Extreme Member retains the right to assign this agreement without notice.

21. Authorised to contract

By agreeing to this contract you warrant that you are either acting on your own behalf or that you have full and complete authority to enter into this agreement on behalf of and to bind any company or other entity which you represent or purport to represent, and that you have been duly authorised to act in such a manner by the company or entity.

1. Terms and Conditions

a. By clicking the ‘I Agree’ button, and subject to clause 21 below, you affirm that you have read, understand, accept and agree to the following terms and conditions. These terms and conditions form a binding agreement between you, the User (“User”, “you” or “your”) and the owner and operator of Extreme Member, (“we”, “our”, “us” or “Extreme Member”).

b. We reserve the right to change, remove or add additional terms and conditions to this document at any time. you will be notified by email or other means of any changes, and may terminate the agreement on 30 days notice if you do not accept those changes.

c. you are deemed to accept those changes if you continue to use the website after you log on for the first time after such change has been made, and brought to your attention.

d. We have no responsibility to inform the User of changes made to these terms and conditions past those requirements mentioned in paragraph 1.b of this document.

If you disagree with any of the terms and conditions contained in this document, do not click the ‘I Agree’ button at the foot of this contract.

2. Licence:

You are granted a non-exclusive right as a User to:

a. use any and all of the Services (defined at 4. below) for the period of this agreement; and

b. provide services to end users based upon the Services provided under this agreement.

3. Licence Fee:

a. The Licence Fee will be paid by you to us, as specified on the Extreme Member website.

b. Failure to pay the Licence Fee (or any instalment or part as and when due) by the nominated date will constitute a fundamental breach of this agreement and entitle us to terminate the agreement immediately at our discretion.

c. Extreme Member reserves the right to alter the Licence Fee as it sees fit. In the event of such an alteration, you will be given 30 days notice prior to the alteration being made. You will have the right to terminate your contract with the 30 day period without penalty.

4. The Services:

a. In return for the Licence Fee, we will provide use of our servers, technology and content specified on the Extreme Member website (together, ‘The Services’).

5. Content

a. The Services provide the User with the ability to store membership data on our servers. We do not claim any intellectual property rights over the information stored by you on our servers. In the event that this contract is terminated (for whatever reason), you will be provided with direct access to your data for a period of 30 days, after which all data will destroyed.

6. Term

a. This Agreement is effective from the date of your acceptance of this agreement and continues unless/and until cancelled by either party on 30 days written notice to the other party, or by you clicking the ‘Cancel my account’ button in the secure area of the website, unless otherwise agreed by the parties, in writing.

b. If cancelled by clicking the ‘Cancel my account’ button, you may be charged for up to 30 days service from when you cancelled your account.

7. User Conduct:

a. As a user of Extreme Member, you agree that you will not:

1. use the Services for an illegal or unlawful purpose, or in a way that encourages criminal activity;

2. use the Services in a manner which may threaten the integrity and security of the website;

3. upload, transmit, post or share any virus or malicious computer code or software which may cause damage to, or violate the privacy of Extreme Member or any other user of the site;

4. upload, transmit, post or share any explicit, pornographic or offensive images or text.

5. use the website to send unsolicited commercial messages (commonly known as ‘Spam’) in any form, including but not limited to e-mail, voice, fax or sms, or use the website in any way that would contravene the Spam Act 2003 (Cth)

1. for each and every complaint received alleging that you have used our services for the purpose of sending unsolicited commercial messages, you will be charged a $25 administration fee, which may at our discretion be refunded if it is found to be unsubstantiated.

b. You will not upload any information that

1. is fraudulent; or

2. is in any other way objectionable.

c. What is objectionable shall be determined by us in accordance with standard internet practices.

d. By submitting any data or information whatsoever to Extreme Member or its Services you affirm that:

1. The publishing of any data, information or communication of any type by you will not violate or infringe upon the intellectual property rights of any third party whatsoever; and

2. you accept all liability for the dissemination of the data or information provided by you to the Extreme Member.

e. You agree to use this website in accordance with any and all applicable laws and regulations relating to your use of the internet in the state, country or region in which you live, and of this agreement.

8. Usage and Content

a. Provision of the Services to you is at our discretion. We provide no guarantee of the availability or suitability of the services provided by Extreme Member to your business. We retain the right to remove, alter, discontinue or terminate any aspect of the Services provided to you without notice.

b. We have no obligation to provide uninterrupted access to the Services and although we will do our best to provide continuous access, and the Services may, from time to time, be inaccessible to users.

c. Extreme Member requires all subscribers to the system to be ‘Double Opt-in’. Meaning all email addresses on the system must have confirmed their email address before being eligible to receive email. Extreme Member does not allow or permit the importing of email lists.

d. Users may unsubscribe at anytime by either: clicking on the unsubscribe link at the bottom of any email, logging into their account and unsubscribing or emailing admin direct.

9. Confidential Information

a. Confidential Information means any information not generally known to the public that:

1. either party notifies in writing is either proprietary or confidential;

2. because of the circumstances of its disclosure should be treated as proprietary or confidential;

3. is information concerning the technical processes, finances, pricing or commercial operations of a party;

4. contains the terms of this Agreement, or any related negotiations; or

5. comprises the data uploaded by you to our servers.

b. Neither party will use the other party’s Confidential Information without prior written consent, except strictly for the purposes contemplated by this Agreement, and a party may only disclose the other party’s Confidential Information:

1. if required by law;

2. to exercise their rights under this Agreement;

3. if necessary to perform their obligations under this Agreement;

4. if the other party has provided their written consent to the disclosure;

5. if the Confidential Information is already in the public domain (otherwise than as a result of disclosure in breach of this Agreement).

10. User Information

a. By agreeing to this contract, you agree to:

1. Affirm that all information provided by you is complete and accurate.

2. Agree to update your User Information as required to ensure that Extreme Member retains an accurate record of your details.

3. Agree to keep the details of your secure access information private and confidential.

b. We agree to keep your information in accordance with paragraph 11 of this document.

c. We reserve the right to any of the following, without limitation:

1. Suspend your User Account;

2. Permanently remove or alter content related to your account;

3. Terminate your account if you breach any term or condition contained within this document;

11. Privacy and use of information

a. We agree that we will at no stage intentionally sell, distribute, transmit, disseminate or release your User Details or uploaded data to third parties without your consent.

b. We agree that we will use our best practices to ensure the security and integrity of the information we receive from you.

c. You acknowledge that:

1. We cannot guarantee the security or privacy of information submitted by you to us; and

2. you release us from all liability in connection with the matters contained in this section of this document.

d. You authorize Extreme Member to contact you from time to time via email, voice, fax or SMS on any matter deemed appropriate by Extreme Member.

e. Further conditions relating to our use of information may be contained in a separate Privacy Policy.

12. Intellectual Property

a. The copyright in this website and this interface, its look and feel and technology, including but not limited to:

1. Membership & Subscription Manager;

2. Content Management System;

3. Blogging Technology;

4. Affiliate Management System;

5. Newsletter & Contact Manager;

6. Advanced Statistics & Google Analytics Integration;

7. Automatic Google Site Map Generator;

8. Payment Gateway Integration;

9. Online WYSIWYG Editor; and

10. SMARTRespondersTM

and all other content created by Extreme Member (together, “the Content”) is owned by Extreme Member. We reserve the right to use, alter, add to, or remove elements of the Content as we deem fit at our sole discretion.

b. Except where necessary for viewing the Content on this Web Site on your browser, as permitted under relevant legislation, or these Terms of Use, none of the Content may be reproduced, adapted, uploaded, provided to a third party, linked to, framed, distributed or transmitted in any form by any process without specific written consent of Extreme Member.

13. Indemnity

a. You agree to indemnify us, our officers, directors, staff, agents and contractors from any loss or damage, including any and all legal costs (including lawyers fees), which we may suffer as a result of your usage of Extreme Member.

b. You agree to cooperate fully with us in the defence of any claim.

c. You agree that we have fully immunity from any liability whatsoever in relation to any information, data, publication, transmission or communication of any kind made by you on or in relation to Extreme Member.

d. You agree to ensure that you will not enter into any agreement with a third party such that the agreement between you and Extreme Member shall place you in breach of the agreement with the third party.

e. You agree to indemnify us from any action by a third party in relation to your agreement with us.

f. In no event will we be liable to you or any other party for direct or indirect loss in connection with data uploaded by you to our servers.

g. You agree that you will be compliant with the Michigan and Utah Child Protection Email Address Laws which involves (a) either never sending any email containing unpermitted materials, links to unpermitted materials, or even links to sites which have information about the unpermitted materials; or (b) You are responsible for matching your mailing lists against the email registries maintained by Michigan and Utah, on a monthly basis.

h. You agree that we have full immunity from any liability whatsoever in relation to you not complying with the laws outlined in 13 g.

14. Accuracy of information

a. You acknowledge that we make no representation whatsoever about the accuracy or truth of any data held on Extreme Member servers.

15. Termination

a. We reserve the right to alter, suspend or terminate a User’s access at our discretion without notice.

b. A breach of any of these terms and conditions will result in the immediate termination of the User’s access, and if applicable, User Account.

16. Force Majeure

a. A party will not be liable to the other party for any failure or delay in performing its obligations under this Agreement (except for the payment of money) to the extent that this is caused or arises from events which include, but are not limited to:

1. fire, flood, lightning, storm or extreme weather conditions;

2. strikes, lock-outs, boycotts or other industrial disputes;

3. acts of war, terrorism, riots, civil commotion and explosions;

4. government restrictions.

17. Independent Proprietor

a. The parties are independent of each other and not in an agency, joint venture or partnership relationship.

18. Entire Agreement

a. This Agreement records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.

19. Governing Law

a. This Agreement is governed by, and must be interpreted in accordance with, the laws of South Australia.

b. You submit to the exclusive jurisdiction of courts in South Australia.

20. Assignment

a. You may not assign this agreement to any other person or body corporate;

b. Extreme Member retains the right to assign this agreement without notice.

21. Authorised to contract

By agreeing to this contract you warrant that you are either acting on your own behalf or that you have full and complete authority to enter into this agreement on behalf of and to bind any company or other entity which you represent or purport to represent, and that you have been duly authorised to act in such a manner by the company or entity.