If you are a Customer or Member of WebProsperity, then the following Terms of Service apply.
If you are a Member, you are bound by the Membership Agreement.
By subscribing to WebProsperity Package, a web-based marketing service, hereinafter referred to as “the Service”, the Customer accepts and agrees to use it in compliance with the Terms of Service stated below.
Whenever used in these Terms of Service, the following terms shall have the meaning defined hereinafter:
“Service Provider” shall stand for Implix Limited Liability Company incorporated under the laws of Poland with its registered business address at Balladyny 26, Gdynia, Poland.
“Customer” shall refer to any natural person or entity that uses the Service.
“Content” shall denote all information such as data, files, written text, music and audio files or other sounds, photographs, videos and other images sent, streamed, or transmitted within the Service.
“Conference” shall stand for conferences streamed through the Service;
“Conference Recipients” shall refer to any natural person or entity that participates in the Service and enters other Customers' conferences;
“WebProsperity Program” shall stand for the WebProsperity network marketing business program;
“WebProsperity Member” shall denote any person or entity who engages in WebProsperity’s network marketing business in any country or territory in the world;
“WebProsperity Customer” means any person or entity intending to purchase or purchasing WebProsperity services but not engaged in WebProsperity’s network marketing business.
By purchasing, accessing, installing or otherwise using the Service, the Customer agrees to be bound by this Agreement. The Customer should retain a copy of this Agreement for his/her records.
If the Customer does not agree with the Terms of Service of this Agreement, he/she should not use the Service.
1. The Service Provider declares generally not to monitor the Customer's activity occurring in connection with the Service, as long as it is consistent with applicable laws, the Terms and Conditions of this Agreement, the Privacy Policy and Anti-Spam Policy.
2. Should the Service Provider become aware, however, of any possible violations of these Terms of Service by the Customer, the Service Provider reserves the right to investigate such violations, and may, at its sole discretion, immediately terminate the Customer's license to use the Services and may also change, alter or remove an account's content, in whole or in part, without prior notice to the Customer.
3. If any criminal activity has occurred, the Service Provider reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities.
4. The Service Provider is entitled, except to the extent prohibited by applicable law, to disclose any information, including information about the Customer, in the Service Provider’s possession in connection with their use of the Service, to law enforcement or other government officials, as the Service Provider in its sole discretion believes to be necessary or appropriate.
5. The Customer agrees unconditionally to indemnify and hold the Service Provider harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to or arising from the Customer's content, the content of participants, and the Customer's or any participant's use of the Service.
1. The Customer is obliged to pay in due time all fees for the use of the Service according to the chosen payment scheme.
2. The subscription payment includes the down-payment fee for the subscription to the Service account of a chosen type.
3. Access to the Service shall be provided to the Customer for a certain period of time, according to the chosen subscription plan, upon receiving the subscription payment.
4. The Customer agrees to pay recurring fees for the subscription, per the subscription plan. The recurring fee, deducted automatically, is based on the price list which is presented on the WebProsperity website. The recurring payment of the actual amount for a chosen scheme will be issued on the first day after the expiration date of the subscription (hereinafter referred to as the "recurring date"). If the recurring is unsuccessful at that point, the Service Provider three times will retry to complete the payment in the following nine days and, if the completion of the transaction is unsuccessful, will terminate the Service.
5. The Customer acknowledges and agrees that fees for the use of the Service do not include any additional third party costs, including phone call costs charged by the phone operator.
6. The Customer may change the subscription plan for the next subscription period from the Premium Package to the Elite Builder Package without any charges. The Customer may also change the subscription plan during the subscription period. In such a case, the down-payment made will be re-calculated proportionately to the period in which the Customer used the Service according to the paid subscription period.
7. Bonus amounts representing the difference between the amount of the down-payment and the recalculated payment shall be kept by the Service Provider on account of the following fees due to the Service Provider.
8. Upon receiving payment, the Service Provider will send an email to the Customer, containing a payment confirmation receipt.
9. The Service Provider reserves at its sole discretion the right to change the fees for the Service subscription. The actual fees and prices are available at WebProsperity website.
10. The Customer hereby gives their consent to be charged the WebProsperity Service payment by the new Service provider upon the rights and duties stated in the agreement being transferred respectively.
1. The Service Provider asserts that the WebProsperity Service will operate on Windows 95/98/NT/2000/Me/XP and/or on OS X 10.4 and 10.5 platform with the latest version of Internet Explorer or Mozilla Firefox with plug-ins that allow Flash technology. The Customer acknowledges and agrees that some desktop sharing options can be unavailable while using other systems than the Windows system.
2. Upon uploading content to the Service, including but not limited to, uploading music, audio files or other sounds, photographs, videos or other images to the Media service, its format may be adjusted to the requirements of the Service. Such an adjustment might influence the audio and video quality or other file features.
3. The Customer expressly consents that the quality of streamed music, audio and video files or other sounds, photographs or other images might differ from the quality of the original files.
4. The Service Provider guarantees, and the Customer recognizes, that the Service will work properly if the Customer has a camera and/or a microphone that is recognized by the Customer’s computer and the Customer’s browser Flash plug-in and is not used by another application.
1. The Service Provider provides Email Support for Customers.
2. The Customer may address all questions, doubts, and report errors via email to the WebProsperity Customer Support Department. The Customer should provide the account name and their name. The Service Provider does not investigate or take any action based on "anonymous" support requests.
3. The Service Provider confirms that a response shall take place within two business days after receiving a request from the Customer.
1. The Customer is requested to submit their complaint to the Customer Support Department.
2. Upon complaint, the Customer should provide the account name and their name.
3. The Service Provider does not investigate or take any action based on "anonymous" complaints.
4. The Customer Support Department will investigate the problem as soon as possible and advise the Customer how the issue will be or has been processed.
5. The Customer has the right to be advised about the processing status of their issue.
6. Should any problem with the Service occur, the Service Provider commits to undertaking all measures to solve it as soon as feasible.
The Service Provider constitutes the Anti-Spam Policy as an inherent part of these Terms of Service.
The Customer or any third party working on behalf of the Customer must not use the Service and/or the name of the Service Provider or any of the trademarks of the Service Provider to transmit, distribute or deliver any unsolicited and unwanted e-mail correspondence.
1. All content included on the WebProsperity website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Implix and Implix has the full right to use and enforce it. All rights stated above are protected by U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent from the authors.
2. WebProsperity® is trademark of Implix.
3. WebProsperity® trademark may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Implix, its products and services.
1. The Service Provider incorporates the Privacy Policy as an inherent part of these Terms of Service.
2. The Service Provider will never use the information about the Customer, or their customers, that is collected within the Service to send any unsolicited messages or information, nor share it with or sell to anyone else for such use, according to the Privacy Policy.
3. To perform the Agreement, the Service Provider shall collect personal information, such as, but not limited to: (i) the Customer’s first name, (ii) last name, (iii) address, (iv) identification numbers, such as taxpayer identification number, (v) phone number, (vi) email address, which is not otherwise publicly available.
4. The Service Provider will keep the personal data given by the Customer as long as required in order to perform their obligations under this Agreement.
5. The Customer recognizes that they are the controller of all personal data given to the Service Provider to process. The Service Provider shall be responsible for ensuring sufficient security measures and for processing personal data given by the Customer.
6. The Customer shall have sole responsibility for any and all information used and submitted in connection with the Service. The Service Provider shall have no responsibility thereto. The Customer shall comply with all data protection and privacy laws and rules applicable to third party information. The Customer shall defend, indemnify, and hold the Service Provider harmless from any claim, suit or proceeding brought against the Service Provider by third parties in connection with any acts or omissions with regards to such information.
7. The Customer may refer their clients to the Service Provider Privacy Policy. The Service Provider accepts no responsibility for the Customer's privacy policies and for processing their personal data by the Customer.
8. The Customer agrees and acknowledges that information collected through the Service or in connection with the Service may be transferred across state and national boundaries, stored and processed in any of the countries around the world in which WebProsperity performs business activity, including the United States.
9. Unless it is required to do so by law, the Service Provider will not provide any Customer’s personal data to third parties other than its employees, affiliates or contractors to the extent such as is required in order to perform the Service for the Customer.
1. The Customer has a period of 15 days in which to withdraw from ordering the Service without penalty and without obligation to give any reason. In order to exercise this right to withdraw, the Customer must send an email with a cancellation request to the Service Provider Billing Department.
2. The Service Provider is obliged to reimburse the total sum paid by the Customer free of charge. Such a reimbursement will be carried out by the Service Provider as soon as possible. The withdrawal policy is applicable to every single Service package: (i) WebProsperity Premium Package, (ii) WebProsperity Elite Package.
3. The Customer’s right to withdraw can be exercised within the first 15 days after submitting the Order Form. After a period of 15 days, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due according to Section 7 of these Terms of Service.
1. The Customer may terminate the Service at any time with effect from the day on which the paid subscription has expired.
2. Unless expressly or explicitly mentioned in these Terms of Service, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due, according to Section 7 of these Terms of Service.
3. If the Customer wants to terminate the Service, they are required to send a cancellation request to the Billing Department and provide at least the account name and the email address, no later than two business days prior to the recurring date.
4. The Service Provider reserves at its sole discretion the right to terminate the Service in the event of not receiving a due payment or a recurring payment.
5. The Service Provider reserves at its sole discretion the right to instantly terminate the Service in the event that: (i) the Customer is found to be using the Service Provider services for spam activities, or (ii) of other abusive or illegal practices, as mentioned in Sections 3, 4, 5 above, or (iii) the Customer does not conform to any of their obligations as referred to in Section 3 above.
6. The Service Provider reserves at its sole discretion the right to terminate the Service in the event of receiving an independent verification that the Customer provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.
7. In any of the aforementioned instances, the Service will be terminated with immediate effect. Any down-payment made for the Customer will not be re-calculated. The Customer shall not have any right for reimbursement of the sum paid nor any part of such a sum. The Service Provider will not perform any recalculation of the down-payment amounts.
8. Providing comprehensive WebProsperity Service features is possible only to registered WebProsperity Members. Since the Customer is no longer a WebProsperity Member the use of WebProsperity Services shall be limited and the Service Provider has the right to terminate and/or decrease some Service abilities. After terminating the WebProsperity Membership the following functionalities shall be no longer available: (a) the Customer shall no longer have an ability to send broadcast messages to WebProsperity downline via Contact, where downline means WebProsperity Member business partner contact details; (b) the Customer shall no longer have an ability to view and process their downline members contact details through address book; (c) no WebProsperity Members will have an ability to participate in Customer conferences and the Customer will be unable to send conference invitations to WebProsperity Members; (d) WebProsperity finder features shall be disabled; (e) WebProsperity individual site shall be disabled.
1. THE SERVICE PROVIDER DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. THE SERVICE PROVIDER DISCLAIMS ANY WARRANTY OF TITLE MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
2. For breach or default by the Service Provider of any of the provisions of these Terms of Service, the Service Provider’s entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and furnishing, the failure to furnish or the quality of any Service, shall in no event exceed the aggregate amount paid by the Customer for the Service that is the subject of the claim in one month immediately preceding the date the Customer notifies the Service Provider of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by the Service Provider to the Customer.
3. IN NO EVENT WILL THE SERVICE PROVIDER NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SERVICES SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH A LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION). THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
4. The Service Provider shall not be responsible or liable for any loss, damage or inconvenience suffered by the Customer or by any third person, to the extent that such a loss, damage or inconvenience is caused by the failure of the Customer to comply with their obligations under these Terms of Service.
5. The Service Provider is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond the Service Provider's reasonable control. The Service Provider is not responsible for short, temporary and accidental suspension of the Service, as the result of circumstances which the Service Provider could not foresee or suspect.
6. The Customer recognizes that the Service Provider does not own or control other networks, information and systems outside of its own network, nor is the Service Provider responsible for performance or non-performance within such networks. The Service Provider exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.
7. The Service Provider may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or modify or replace any provided equipment or software used to deliver the Service provided that this does not have a material adverse effect on the Service.
8. The Service Provider may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to the Customer. The Service Provider will give the Customer such notice of the maintenance as is reasonably practicable in the circumstances, provided that, in the event of scheduled maintenance that would last for more than one day, the Service Provider will use reasonable efforts to give the Customer at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
12. The Customer acknowledges that the use of the Service is at their sole risk and the Service Provider is in no way responsible for the conduct of the Customer and/or the content streamed, sent and/or transmitted through the WebProsperity Service.
13. The Customer hereby indemnifies, and holds harmless, the Service Provider and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgements and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of the Service, including but not limited to the wilful misconduct or negligent acts or omissions of the Customer or the Customer’s officers, agents, employees or subcontractors. The Service Provider shall notify the Customer as soon as reasonably practical of any such claim, demand or cause of action for which the Service Provider will require such indemnification from the Customer. The Service Provider will provide the Customer with reasonable information and assistance to defend such a claim, demand, or cause of action.
14. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CUSTOMER. THIS WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS AND HE/SHE MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
It is also understood and agreed by the parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such modification is not possible, these Terms of Service will be construed as if such invalid or unenforceable provision had never been contained in these Terms of Service.
The Service Provider reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the WebProsperity.com website, including these Terms of Service, at any time without prior notice. The Customer agrees that their continued use of the Service after such an update will constitute their acceptance of and agreement to be bound by the updated Terms of Service. The most current version of the Terms of Service is available at any time at:
This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The court of the Service Provider’s residence shall be the governing jurisdiction.
This Agreement contains the Terms and Conditions that shall apply to your participation in the WebProsperity Program, herein referred to as the Program. The Program is conducted by Implix Limited Liability Company incorporated under the laws of Poland with its registered business address at Balladyny 26, Gdynia, Poland.
By participating in the WebProsperity Program, you become a WebProsperity Team Member, herein referred to as a Member. A Member is an independent contractor and like any other independent business entities, his or her success or failure depends on his or her personal efforts. No direct sales company can legitimately guarantee its independent contractors any particular income, profit or success. The WebProsperity Company provides an opportunity for WebProsperity Team Members and Customers to enrich the quality of their Internet business by using the WebProsperity Internet marketing services. The Company also provides equal access to a direct sale opportunity for any WebProsperity Team Member willing to properly work the Program.
Based on this Agreement, the WebProsperity Team Member is allowed to enjoy a non-exclusive right to act as an agent in the direct sale of WebProsperity Internet marketing services.
Whenever used in these Terms and Conditions, the following terms shall have the meanings defined hereinafter:
“Company” within these Terms and Conditions shall mean Implix Limited Liability Company incorporated under the laws of Poland with its registered business address at Balladyny 26, Gdynia, Poland.
“WebProsperity Program” shall stand for a program conducted by WebProsperity based on which the WebProsperity Team Member is entitled to act as a non-exclusive agent in the direct sale of WebProsperity Internet marketing services.
“WebProsperity Team Member” and/or “Member” shall refer to an entity that participates in the WebProsperity Program and is an authorized direct sales agent of WebProsperity Internet marketing services, herein referred to as “WebProsperity Packages”. The Member refers prospective Customers to the WebProsperity Package and enrols entities into their network organization. “Customer” shall stand for a retail customer of the WebProsperity Package. To become a WebProsperity Member you must be at least 18 years of age, or older, in accordance with your local legal provisions.
“Enroller” is any entity that enrolls a WebProsperity Member into the WebProsperity Program.
“Sponsor” is an entity connected to a Member via Network organization and placed directly above that Member.
“Network organization” the WebProsperity Members structure connected by Enrollers.
“WebProsperity Freedom Compensation Plan” and/or “Compensation Plan” shall stand for the commission earning plan that describes the types of earnings and their levels arising from Team Member direct sale activities within the WebProsperity Program.
“Member Commission” shall stand for Member earnings payable according to the Compensation Plan and Terms and Conditions herein.
“Affiliate Account” shall stand for the WebProsperity Package available for Members via the WebProsperity.com website.
“Premium Builder Package” shall stand for the WebProsperity Package available for Members via the WebProsperity.com website.
“Elite Builder Package” shall stand for the WebProsperity Package available for Members via the WebProsperity.com website.
“Policies and Procedures” refer to all legal notices provided to Members by the Company and/or published on the WebProsperity.com website including, but not limited to, Earning Disclaimers, the Privacy Policy and Anti-Spam Policy. Upon registration to the WebProsperity Program, a Member must accept the Terms and Conditions stated herein, as well as the WebProsperity Privacy Policy and WebProsperity Anti-Spam Policy.
To enroll with the WebProsperity Program, a WebProsperity Team Member must fill out the registration form with current, complete, and accurate information. A WebProsperity Team Member is obligated to maintain and promptly update this information to ensure that it is current, complete and as accurate as possible. If there is a need to update this information, the Member should use the Member panel or contact the Support Department and inform them about the change(s). The Support Department can be reached via our web-based form. Providing false information in the registration form will result in immediate termination from the Program and will forfeit all outstanding Member Commissions.
Access to the WebProsperity Program is provided to registered WebProsperity Team Members. To become a registered WebProsperity Team Member and participate in the WebProsperity Program, you are obligated to fill out the registration form with current, complete and accurate data and subscribe to WebProsperity Internet marketing services. On subscription to the WebProsperity Internet marketing services, you are obligated to choose one of the available WebProsperity Packages. Participation in the WebProsperity Program depends on the subscription to the WebProsperity Package. Active Affiliate Account, Premium Builder Package and Elite Builder Package subscribers are entitled to benefit from participation in the Program and relevant commission levels according to the WebProsperity Freedom Compensation Plan.
Once the Company receives and processes the registration form, an entity automatically achieves Member status and all advantages that go along with it. Every WebProsperity Member has the ability to act as an agent in the direct sale of WebProsperity Packages, enroll other Members into the direct sale WebProsperity Program and earn commission due to the WebProsperity Freedom Compensation Plan.
The Company reserves, at its sole discretion, the right to refuse anyone participation in the WebProsperity Program at any time.
No inventory purchase of the WebProsperity Packages or any other purchase other than for the exclusive use of a Member is required and there are no other fees or costs for participation in the WebProsperity Program, except as may be specifically set forth herein. The WebProsperity Team Member is not entitled to register to the WebProsperity Program more than once, and any attempt to artificially inflate Member Commissions will result in immediate termination of this Agreement and will forfeit all outstanding Member Commissions. If the Company finds the Member to be undertaking any abusive or illegal practices in connection with their participation in the WebProsperity Program and/or to be in violation of the Terms and Conditions herein, the Company will issue a warning. If the Company has any reason to believe that the Member, despite a warning being given, threatens to continue or is continuing such practices, then the Company may take action immediately, including terminating Program participation and/or reporting the Member and the incident to the appropriate authorities. If the Company terminates the Member’s participation in the Program, it shall forfeit all outstanding Member Commissions. The Member expressly agrees that their participation in the Program is at their sole risk and accepts the fact that WebProsperity Services are provided on an “as is” basis, without guarantees of any kind.
Upon registration to the Program the Member agrees to: (i)subscribe to the chosen WebProsperity Package ; (ii)pay in due time all the fees accrued to the use of the WebProsperity Package; (iii)adhere strictly to the guidelines, systems, procedures and policies stated on the WebProsperity.com website and in any and all provided materials including the Terms and Conditions herein, Privacy Policy, Anti-Spam Policy, WebProsperity Terms of Service and, in each case, any amendments made from time to time and any other policy developed, formulated and published by the Company; (iv)conform to the rules relating to the use of electronic means of communication in force in the country of the Customer’s residence, as well as the US laws and rules of the European Union including, but not limited to, the laws and regulations concerning sending out electronic messages, in particular commercial electronic messages (The CAN-SPAM Act of 2003, Controlling the Assault of Non-Solicited Pornography and Marketing Act) and processing of personal data; All WebProsperity Team Members represent that they conduct business activities and act under this Agreement as entrepreneurs not as customers. The sole business purpose of WebProsperity Team Members must be the operation of the direct sale of WebProsperity Packages under these Terms and Conditions.
WebProsperity Team Members are independent contractors and are not to be considered purchasers of an intangible franchise or a distributorship. The agreement between the Company and its Members does not create a work relationship, partnership, or joint venture between the Company and Members. WebProsperity Members have no authority to bind WebProsperity to any obligation. It is each Member’s responsibility to pay all income, social security, local or applicable taxes. Members are not eligible for employee benefits, such as unemployment compensation, worker’s compensation or minimum wages. Each Member is encouraged to set his or her own hours and to supply all of his or her own tools for operating his or her business. Each Member should determine his or her own method of direct sale, so long as he or she complies with the Terms and Conditions of WebProsperity.
No Member shall represent that he or she has any employment relationship with the Company or any of its affiliated companies and/or other Members. A Member shall not give a false representation as to the nature of the relationship between the Company and its Members, or make any representation, except in accordance with the explanation given at the WebProsperity.com website or other materials provided to the Member. A Member is required to indemnify the Company for the cost, damage or prejudice stemming from such false representation, including any legal fees the Company may have incurred.
A Member shall not imply that he or she is an employee of the Company, nor refer to himself or herself as "agent," "manager," or "company representative", nor use such terminology or descriptive phrases on stationery or other materials. Sponsors and Enrollers are urged to preserve the independent contractor relationship between themselves and their Members. If Sponsors and/or Enrollers permit an employer-employee relationship to develop, Sponsors and/or Enrollers may find themselves liable for the acts of and injuries to their registered Members. The Company does not permit any relationship between, or representations by, Members, which may impose employee liability on the Company.
If a Member responds to an employment posting for someone seeking an employment opportunity, they shall clearly state within the first paragraph of the response that they are offering a business opportunity and not an employment opportunity.
All Members must be the age of majority and meet all other criteria in the state/province/country in which they are undertaking any activities related to their participation in the WebProsperity Program.
A WebProsperity Team Member may not sell, assign or otherwise transfer his or her rights and obligation arising from this Agreement, and in particular, he or she is not entitled to transfer their Member position in a network organization. No succession of the WebProsperity Team Member position is granted.
A WebProsperity Team Member acknowledges and agrees that the use of the WebProsperity Package is in accordance with the Terms and Conditions herein. All Members are required to use the Internet Marketing Services provided by the Company in a good manner and are entitled to send, stream or transfer through the WebProsperity Package only such content that does not infringe the WebProsperity Team Member Terms and Conditions.
WebProsperity Team Members represent and warrant that in fulfilling the obligations under this Agreement, at their sole expense, they:
(i)are in compliance with all applicable state, national and international laws and regulations
applicable to this Agreement;
(ii)have full and unrestricted power and authority to execute and perform under this Agreement.
WebProsperity Team Members are entitled to:
(i)sell and market WebProsperity Internet Marketing Services and profit from these sales;
(ii)participate in the WebProsperity Freedom Compensation Plan;
(iii)enroll individuals into their network organization.
There are no exclusive territorial restrictions granted to any Member. No Member shall represent to anyone that there are exclusive franchises or territories available under the WebProsperity Program. A Member shall not represent that he or she, or anyone else, has the authority to grant, sell, assign, or transfer such franchises or to assign or designate territories.
A Member shall have the right to receive the commission earned and additional bonuses as described in the WebProsperity Freedom Compensation Plan only as long as he or she is an active Member and WebProsperity Package subscriber and is conducting his or her business in compliance therewith.
A WebProsperity Team Member is obligated to promote, offer and sell WebProsperity Packages with good will and in a professional manner described herein. A Member shall make a fair presentation of the WebProsperity Package.
No WebProsperity Team Member shall make any offer to sell WebProsperity Packages which is not accurate and truthful as to price, grade, quality, functionality, performance, and availability.
To become a WebProsperity Member you must be at least 18 years of age, or older, in accordance with your local legal provisions.
A Member cannot sell, rent, let, make over or transfer under any other title his or her account.
No WebProsperity Team Member shall act or present WebProsperity Packages in a fraudulent manner or promote services that do not belong to the Company as if they did.
A Member shall not make exaggerated service claims or non-guaranteed claims with regards to the WebProsperity Packages distributed by the Company.
A Member shall not commit any act which would reflect unfavourably upon the Company. In particular, a Member is not allowed to advertise any of Implix competitors and to undertake any actions that could infringe the good will and reputation of Implix. If a Member files a petition for bankruptcy or has bankruptcy proceedings commenced against him or her, or has any assets seized by court order or taken in execution of an unsatisfied judgment debt, the Member must immediately inform the Company. In such cases, the Company reserves the right to terminate Member participation in the WebProsperity Program. All Members are particularly obliged not to involve their WebProsperity business activities in any illegal or abusive practices. All Members acknowledge and agree that they are not allowed to undertake any actions in connection with their WebProsperity business activities and associate their participation in WebProsperity Program with any content that: (i) advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or the Company, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about the Member’s identity or the origin of a business communication, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful activity; (v) is harmful to minors; (vi) violates any law, statute, ordinance, or regulation.
If a Member is in violation of the above and/or a Member provides any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate the Member’s participation in the WebProsperity Program and refuse any and all current or future participation in the WebProsperity Program and forfeit all outstanding Member Commissions.
The Company does not pay any Commission for simply recruiting others. The earnings opportunity is based on a healthy combination of primarily selling WebProsperity Packages and enrolling prospective Members to start their own WebProsperity business.
All WebProsperity Team Members have the right to enroll others. In addition, every person has the ultimate right to choose his or her own Enroller. If two Members should claim to be the Enroller of the same new Member, the Company shall investigate the dispute and make an independent determination as to the proper Enroller. All WebProsperity Members agree to accept and abide by this decision and understand that the decision of the Company is deemed final.
All WebProsperity Team Members are obligated to enroll others in a diligent and professional manner and in good will, according to the rules and requirements set forth herein, especially in section 6 Advertising and Promotion and section 7 Presentation of the WebProsperity Freedom Compensation Plan.
A Member is not entitled to enroll others without explaining the purpose of enrolling and explaining the WebProsperity Packages functionalities and WebProsperity Program Terms and Conditions.
A Member is not entitled to encourage others to participate in the WebProsperity Program by presenting any false, fraudulent, misleading, untrue and inaccurate information regarding participation in the WebProsperity Program, especially by making promises or guarantees of earnings and making any statements concerning his or her personal or potential level of income. A Member is not entitled to mislead others by claims that high earnings are easily achieved.
A Member is not entitled to enroll others using any marketing and promotional materials, documents, policies, advertisements, testimonials that do not meet the requirements of the Company and present the Company, the WebProsperity Program, the WebProsperity Freedom Compensation Plan, as well as WebProsperity Packages in abusive, false, misleading, untrue and inaccurate way. The Company is entitled to verify all the marketing and promotional materials prepared by a Member.
A Member is not entitled to promis any monetary incentives for signing up to WebProsperity Program. A Member is not entitled to persuade anyone to make a payment by promising benefits from getting others to participate in the WebProsperity Program.
Any Member who enrolls other Members must fulfill the obligation of performing a bona fide supervisory, distribution and selling function in the sale of WebProsperity Packages to the ultimate Customer and in the training of those enrolled. A Member must have ongoing contact, communication and management supervision with his or her network organization. Examples of such supervision include, but are not limited to: service presentation, retail sales training (in the countries where retail selling is allowed), newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions and accompanying individuals to WebProsperity training. Members should be able to provide evidence to the Company, as requested, of ongoing fulfillment of Sponsor and Enroller responsibilities when asked by WebProsperity.
Those who enroll, but who do not help new Members develop their business, meet with limited success. Therefore, a responsibility of the Enroller is to work with new Members, helping them learn the business and encouraging them during the critical early months.
WebProsperity's Terms and Conditions encourage prospects to contact the Member who first introduced them to the WebProsperity Program. If a prospect does not have a Member contact, the Company will provide him or her with an active Member contact.
A WebProsperity Team Member shall receive a Commission for each WebProsperity Package sale made by a Customer referred by the Member and for each recurring payment made by the Customer primarily referred by the Member.
The Commission payments and bonuses will only be made when WebProsperity Packages have actually been sold to the Customer. There is no payment for introducing people to the WebProsperity business.
The Member shall receive Commission on the level described in the Compensation Plan. The level of the Commission earned by the Member depends on the chosen WebProsperity Package subscription. Only an active WebProsperity Package subscription enables the Member to receive the Commission. No Commission shall be calculated before the first subscription to the WebProsperity Package. If the Member is no longer an active WebProsperity Package subscriber, he or she is not entitled to receive Commission. The Company shall not calculate any Commission after the subscription of the WebProsperity Package is inactive and no Commission shall be accounted for future participation in the WebProsperity Program. The Member with an active WebProsperity Affiliate Account Package subscription is entitled to receive a Commission on the level of USD 2,500 per month. The Member with an active WebProsperity Premium Builder Package subscription is entitled to receive a Commission on the level of USD 10,000 per month. A Team Member shall receive as well an additional Member Commission, as described in the Compensation Plan. The Compensation Plan constitutes an integral part of this Agreement. The Compensation Plan is available on the WebProsperity.com website. A Member shall have the right to receive Commission according to the Compensation Plan only as long as he or she is an active Member, which includes an active WebProsperity Package subscriber and is conducting his or her business in compliance with the Terms and Conditions herein, as well as any additional policies and procedures developed, amended, adjusted and published. The Commission is calculated on the last day of each month following the Company’s approval of the amount of referred sales and recurring fees. A Member is entitled and has a right to check the Commissions due on their Member panel. If the balance owed in the Member’s account exceeds USD 25, the Company shall issue the Member payment in the form of a USD check, unless other provisions are made. Based on internal risk analysis, the Company reserves the right to withhold first-time payments, and any other payments originating from an account where there is suspected fraud activity, for a period of up to 3 months. Members’ checks are mailed via regular mail to the address provided upon registration, on or around the 20th of every subsequent month. A Member is responsible for paying the check price, which is USD 5. Any bank fees relating to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Program. If, on the last day of the month, the balance owed in the account is less than USD 25, the Commission will be accumulated in the account. The Company reserves the right to change the rate of Commission at any time. Any Member Commissions accrued after such a change will be at the new rate. To ensure proper Commission payment, a Member is solely responsible for providing and maintaining accurate contact details including address, as well as payment information associated with the Member’s account. No Commission payment shall be made unless the Member provides the Company with accurate and complete contact and tax details. A US taxpayer is required to submit his or her Tax Identification Number and form W-9. If a US Member’s earnings meet or exceed USD 600 during the calendar year, the Company must obtain a Tax Identification Number for purpose of reporting income earned to the IRS. The Company will withhold any earnings, beginning with the bonus payment that puts the cumulative earning over USD 600 until the required information is received. If the US Member will not provide the Company with the required information, the Company reserves at it sole discretion the right to revert back any earnings and the US Member agrees that any such earnings will be null and void and his or her interest in or right to the earnings is forfeited. If you are a non-US taxpayer and your earnings meet or exceed USD 600 during the calendar year, you should provide the Company without limitation with either a signed certification that you do not have US activities, or a completed Form W-8 or other form, which may require a valid US tax identification number, as required by the US tax authorities. The Company will withhold any earnings, beginning with the bonus payment that puts the cumulative earning over USD 600 until the required information is received. If the non-US Member will not provide the Company with required information, the Company reserves at it sole discretion the right to revert back any earnings and the non-US Member agrees that any such earnings will be null and void and his or her interest in or right to the earnings is forfeited. The Company has at any time the right to suspend payment of the Commission if he finds a Member to be in violation of the Terms and Conditions herein, in particular, if the Company has reasonable grounds to suspect that the Member is undertaking any actions or omissions in violation of the Terms and Conditions herein, as well as referring the sale in an abusive or illegal way.
The WebProsperity Team Member has a right to resign from the WebProsperity Program, as well as from the subscription in the WebProsperity Package. Each Member has a period of 15 days in which he or she is entitled to withdraw from ordering the WebProsperity Internet Marketing Service and resign from his or her participation in the WebProsperity Program without penalty and without obligation to give any reason. In order to exercise this right to withdraw, a Member must send an email with a cancellation request to the WebProsperity Billing Department.
The Company is obliged to reimburse the total sum paid by a Member free of charge. Such a reimbursement will be carried out by the Company as soon as possible. The withdrawal policy is applicable to every single Service package: (i) WebProsperity Premium Builder Package, (ii) WebProsperity Elite Builder Package.
A Member’s right to withdraw can be exercised within the first 15 days after first payment for the WebProsperity Package subscription. After a period of 15 days, a Member shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due according to the Terms and Conditions herein, as well as the WebProsperity Terms and Conditions.
Any and all advertising and promotional activities are undertaken by Members, not by the Company. The Company has full authority to review and give initial approval to all advertising and promotional activities undertaken by Members. The Company’s review is solely for the determination of compliance with Terms and Conditions herein, WebProsperity business practices and developed Policies. The Company does not endorse the representations made in any marketing materials provided by Members. Members are responsible for compliance with all laws regarding the content, production, distribution, and sale or use of all marketing materials and advertising and promotional actions.
Trade names, symbols, trademarks and other materials, in particular, but not limited to, all content included on the WebProsperity.com website, such as text, graphics, logos, button icons, images, audio clips and software, are the property of the Company and may be used by a Member for promotion of WebProsperity Packages and the WebProsperity Program in relation to this Agreement and only according to the instructions of the Company and the provisions of the relevant Polices and Procedures.
Each Member acknowledges and agrees that some portions of the WebProsperity.com website, specifically marked as “copyrighted”, cannot be downloaded, copied, published or distributed. This violation will be treated as a violation of Member Agreement and result in suspension and/or termination of Membership.
Each Member is hereby licensed by the Company to use trade names, symbols, trademarks and materials indicated herein and the license shall be effective only as long as the Member is in good standing and in full compliance with the Terms and Conditions herein.
It is prohibited for a Member to claim any ownership of the Company’s trade names, symbols, trademarks and other materials.
It is prohibited for a Member to register for a domain name using any trade names and/or trademarks or any other Company marks in any way, shape or form unless it has been approved in writing by the Company.
All WebProsperity Team Members agree and acknowledge that all Internet advertising, websites and listing pages must be approved in writing by the Company and must comply with all WebProsperity Policies and Procedures.
Members agree not to use any written, printed, recorded or any other marketing material in advertising, promoting or describing the WebProsperity Internet Marketing Services or WebProsperity Program, or in any other manner, which has not been copyrighted and supplied by the Company, unless such material has been submitted to the Company and approved in writing by the Company before being disseminated, published or displayed.
Members shall not use or distribute any marketing materials which contain any presentation, explanation, or illustration of the WebProsperity Freedom Plan, or any part thereof unless expressly authorized by the Company. The content of marketing materials must comply with the Terms and Conditions herein and shall not infringe in any way on the Company’s copyrights, trademarks, or other intellectual property rights.
Members who choose to distribute, purchase or sell marketing materials shall not say, suggest, or imply that the use of any such materials will guarantee success or that the Company requires the use of any such materials.
Each Member who chooses to distribute, purchase or sell marketing materials must ensure that the quantity and cost of them are reasonably related to the sales volume and profits of that Member. Members agree to make no false or fraudulent representations about the Company, WebProsperity Program, WebProsperity Freedom Compensation Plan or income potentials, as well as WebProsperity Packages.
A WebProsperity Team Member may develop his or her own marketing techniques, so long as they are not in violation of any Company, state, federal or jurisdictional rules, regulations or statutes. Unless the Company's prior written approval is received, the use, production or sale of any sales aid or marketing materials other than those provided by, or approved in writing by, the Company to other Members for use in promoting WebProsperity Packages and the WebProsperity Program is prohibited.
Members shall not directly or indirectly solicit any Member or Customer, participating in the WebProsperity Program and/or subscribing to WebProsperity Packages, to join other business opportunity programs and/or sell, or purchase services, other than WebProsperity services, from another direct sales company or network marketing company. Members shall not use feature “email my downline” for purposes other than promoting WebProsperity. Members agree that the Company shall determine, in its sole and absolute discretion, whether any activity violates the provisions set forth in the above paragraph.
Members conform to the rules relating to the use of electronic means of communication in force in the country of the Customer’s residence, as well as the US laws and rules of the European Union including, but not limited to, the laws and regulations concerning sending out electronic messages, in particular commercial electronic messages (The CAN-SPAM Act of 2003, Controlling the Assault of Non-Solicited Pornography and Marketing Act) and processing of personal data.
Members are obligated to obtain explicit consent or establish a business relationship with email recipients to deliver to them commercial correspondence. Members are not allowed to send messages to any person with whom they have not established a business relationship and that has not expressed their consent to receive commercial correspondence.
Members may not send a fax message to anyone with whom they do not have an established business relationship, or who has not given them prior express permission to send them a fax message.
Members agree to comply with the provisions of the Telephone Customer Protection Act (TCPA), including, but not limited to, the Federal Communications Commission’s prohibition against unsolicited telephone marketing calls and faxes. Federal and state laws severely restrict, and in some cases prohibit, certain types of telemarketing, that is, the initiation of telephone calls or messages to encourage the purchase of, or investment in, property, goods or services. Depending upon the circumstances, the law prohibits or restricts live calls, prerecorded or artificial voice messages, and the use of automatic telephone dialing machines and fax machines. State laws may be more restrictive than federal law.
In addition, no calls may be made before 8:00 a.m. or after 9:00 p.m. (local time at the called party's location).
The Company does not engage in telemarketing activities and none of its Members are authorized to engage in telemarketing activities on the Company’s behalf. In addition, the Company cannot give you legal advice. If you, as a Member decide to engage, on your own behalf, in the very limited types of telemarketing activities permitted by law, it is your responsibility to consult with an attorney who is knowledgeable about this area of law and familiarize yourself with applicable federal law and the laws of any state in which you conduct business.
Members are not allowed to contact, either by telephone or by fax, any person or entity whose telephone number is on any government sponsored Do Not Call list, unless one of the FCC's exemptions is applicable to the specific person or entity.
Members are not allowed to contact either by email, telephone or fax with any person who explicitly declares that he or she does not wish to receive any commercial correspondence from them.
All WebProsperity Team Members agree and acknowledge that any and all content related to their participation in the WebProsperity Program placed on a social networking website such as myspace.com, youtube.com, facebook.com, imeem.com, Blogger, etc. must be submitted to the Company for review and written approval prior to doing so. All WebProsperity Team Members must continue to adhere to the Terms and Conditions herein, as well as all Policies developed by the Company. Testimonials, income claims, disparaging comments or remarks, etc. will not be approved or allowed.
A Member may not produce, sell or distribute literature, films, electronic or computer-generated print media, or sound recordings that are deceptively similar in nature to those produced, published and provided by WebProsperity for its Members. No WebProsperity Team Member may produce, sell and/or distribute any marketing materials which are deceptively similar to material published and distributed by the Company to its Members or which could create the impression in a reasonable mind that such material emanated from the Company or that its publication or distribution was authorized by the Company.
Members are prohibited from making audio or video recordings of speeches, discussions or presentations made by any WebProsperity Company officer, authorized agent, representative or employee, unless specifically authorized in writing by a WebProsperity Company officer. A Member may make a single recording of the talks and presentations made by non-Company entities at any Company sponsored meeting, provided such recording is for his or her personal use only and is not reproduced for any purpose.
Any display ads or trademark advertising copy, other than covered in the foregoing rules, must be submitted to the Company and approved in writing, prior to publication.
Any inquiries by the media must be referred immediately to the Company. WebProsperity Team Members may not act as spokespersons for the Company without prior written approval.
Members found in violation of the provisions of this section will be suspended effective immediately. WebProsperity Team Members will be notified of the Terms and Conditions violation via email and they will have appropriate time to remove the non-compliant actions from all advertising and promotional actions and marketing materials. Failure to comply may result in termination of the WebProsperity Program membership.
Unless the Company’s prior written approval is obtained, projection of income earnings and potentially misleading income representations are strictly prohibited. The financial success of a Member depends entirely upon that Member’s individual effort, dedication, and the training and supervision the Member provides to his or her network organization and WebProsperity business.
For the presentation of the WebProsperity Freedom Compensation Plan a Member must use only Company produced and Company authorized literature.
A Member must not give a false impression when inviting a prospect to hear a presentation of the WebProsperity Freedom Compensation Plan, and a Member shall neither directly nor indirectly through another Member:
(i)give the impression that the WebProsperity Freedom Compensation Plan relates to an employment opportunity,
(ii)misrepresent the relationship between a Member and the Company.
A Member must disclose the average profits, earnings, and sales figures and percentages as published from time to time by the Company.
A Member must verbally state that the examples of average profits, earnings, and sales figures are simply to show how the WebProsperity Freedom Compensation Plan works and not project or promise any actual earnings. A Member must verbally state that the WebProsperity Freedom Compensation Plan contains average profits, earnings, and sales figures and percentages.
A Member may use only those earnings and/or bonus representations based on their own personal experiences, provided that they at the same time disclose the average profits, earnings, and sales figures and percentages as published from time to time by the Company.
A Member may not cite lifestyle examples, and dream-selling statements.
A Member must not say that a successful WebProsperity business can be built in the form of a "wholesale buying club", where the only products bought and sold are those transferred to other Members for their personal use.
A Member must not say that there is no requirement for the retail sale or marketing of WebProsperity Packages by Members.
A Member must not say that the WebProsperity business is a "get-rich-quick" opportunity in which it is easy to achieve success with little or no expenditure of effort or time.
A Member must not present the WebProsperity Freedom Compensation Plan or solicit participation in the WebProsperity Program through any broadcast communication methods including mass mailings, telemarketing, national or international advertising, radio, television, facsimile services, computer communication networks including the Internet, or any other means by which personal contact with a prospect is not present. However, a Member may use digital media or maintain an Internet website for use with prospects, provided the contents of such media or website meets the requirements set out in the Terms and Conditions herein and the provisions of the Anti-Spam Policy.
Any and all information concerning WebProsperity Team Members, their network organization, position in the WebProsperity Program and level of income, are propriety of the Company and may not be used, transferred, processed, deloused and published in any other way than for the purpose of undertaking obligations arising herein. Whenever WebProsperity makes available such information, it shall be for the sole purpose of participation in the WebProsperity Program. Every WebProsperity Team Member who is provided with such information must treat it as confidential and take care to maintain its secrecy. Members are obligated to protect all confidential information from disclosure, misuse, misappropriation or any other action inconsistent with the Terms and Conditions herein.
A Member acknowledges and agrees that the use of any information concerning WebProsperity Team Members is under the provisions of the WebProsperity Privacy Policy.
A Member shall not transfer or delouse information concerning WebProsperity Team Members to anyone other than WebProsperity Members.
A Member shall not directly or indirectly use, capitalize upon or exploit any information provided by the Company for his or her benefit or for the benefit of anyone else, other than for the purpose of conducting WebProsperity business.
All Members agree not to directly or indirectly, contact, solicit, persuade, enroll, sponsor or accept any WebProsperity Member, WebProsperity Customer or anyone who has been a WebProsperity Member or Customer for the last six months, into, or to encourage any such person in any way to promote opportunities in marketing programs of any direct sales company other than WebProsperity LLC. Furthermore, during the term of your participation in the WebProsperity Program, you are prohibited from appearing in, being referenced in, or allowing your name or likeness to be featured or referenced in any promotional, recruiting or solicitation materials or activities for any direct sales company, except WebProsperity LLC.
If the Company finds a Member to be in violation of the provisions herein, the Company reserves at its sole discretion the right to terminate Member participation in the WebProsperity Program and forfeit all outstanding Member Commissions and bonuses arising from the Compensation Plan. The Company reserves at its sole discretion the right to immediately terminate the WebProsperity Package subscription, as well as WebProsperity Program membership in the event of finding a Member to be using the WebProsperity Package and WebProsperity Program for any unlawful practices. The Company reserves at its sole discretion the right to terminate the WebProsperity Program participation in the event of receiving independent verification that a Member undertakes his or her WebProsperity business in an inaccurate, unreliable or fraudulent way. If a Member wishes to terminate his or her WebProsperity Program participation, he or she is obligated to notify the Company. Once a Member terminates his or her participation in the WebProsperity Program his or her Member account will be closed and no longer exist. No additional commission and other bonuses shall be calculated upon the termination of the Member account. If the Member chooses to re-apply, he or she will be placed at the bottom of the enroller’s network organization.
The Company reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the WebProsperity.com website, including these Terms and Conditions, at any time without prior notice. A Member agrees that their continued participation in the WebProsperity Program after such an update will constitute their acceptance of and agreement to be bound by the updated Terms and Conditions. The most current version of the Terms and Conditions is available at any time at our website.
All Members have an obligation to keep current on Terms and Conditions herein, as well as any other Policies and Procedures developed and published by the Company and on any rules, regulations, requirements and the Compensation Plan.
Each Member shall hold harmless and indemnify the Company for any claims, damages or liabilities arising out of a Member’s business practices, including such a Member’s negligence, tort, strict liability and breach of the Terms and Conditions herein.
A Member hereby indemnifies, and holds harmless, the Company and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgements and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from participation in the WebProsperity Program, including, but not limited to, the wilful misconduct or negligent acts or omissions of a Member or Member’s officers, agents, employees or subcontractors. The Company shall notify a Member as soon as reasonably practical of any such claim, demand or cause of action for which the Company will require such indemnification from a Member. The Company will provide a Member with reasonable information and assistance to defend such a claim, demand, or cause of action.
The Company is not responsible for any delay or failure in performance of the obligations herein due to Force Majeure, or other occurrences that are beyond the Company’s reasonable control.
The Company is not responsible for short, temporary and accidental suspension of the WebProsperity.com website as a result of circumstances which the Company could not foresee or suspect. The Company is in no way responsible, without limitation, for any damage or loss resulting from WebProsperity.com website interruptions or delays.
The Company is not responsible for any indirect, incidental, special, punitive, or consequential damage that results from the Member's participation in the WebProsperity Program.
Member participation in the WebProsperity Program is at the Member's sole risk. The Company is in no way responsible for the conduct of its Members.
The Company shall have no liability for any damages suffered by the Member or any third party as a result of the Member’s participation in the Program.
The illegality, invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the legality, validity and enforceability of any other provisions hereof.
It is also understood and agreed by the Parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such a modification is not possible, these Terms and Conditions will be construed as if such invalid or unenforceable provision had never been contained in these Terms and Conditions.
This participation in the WebProsperity Program shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction.
If a dispute arises relating to any relationship between or among the Company, its officers, directors, employees and agents or arising out of any WebProsperity Package sold by the Company, it is expected that the Parties shall make all reasonable efforts to amicably resolve any and all disputes. All disputes that the Parties cannot resolve amicably within fourteen (14) days of the date on which they occur (i.e. from the date of notifying the other Party of the possibility of presenting the dispute for resolution before the court), shall be submitted for resolution to a Mediator/Arbitrator in accordance with the commercial rules of the American Arbitration Association. Any substantive or procedural rights other than the enforceability of the arbitration agreement shall be governed by Polish law. The place of the mediation/arbitration court proceeding is the residence of the Company.
