World Marketing Network Terms of Services

World Marketing Network LLC (“WMN”) an online business-to-business marketing and business solutions network, wherein its members receive exclusive products and services through a network of preferred vendors through its unique online platform located at the URL: http://worldmarketingnetwork.com/index.php (the "Services"). These Services are accessible solely by persons authorized by the WMN to access the Services and who have acquired lawful access to the Services, including General Partners, Preferred Partners (both defined below) and buyers of products and services through the WMN, all of whom are collectively defined as "End User". These terms and conditions, including any future amendments, along with the Privacy Policy, the Order Form and any of their respective amendments (collectively, the "Agreement") shall govern End User’s use of the Services. The continued access and use of the Services shall be conclusively deemed an acceptance of this Agreement and any subsequent changes to the Services.

  1. OUR SERVICES:
    The Services offer all End Users a global online marketing platform for retail sales products and services that are exclusive to WMN.  WMN is comprised of two distinct sales networks, the “Business Network” and the “Retail Network”, each with a distinct purpose.  The Business Network provides entrepreneurs and small business owners with a web-based portal for reaching each other for the purpose of developing new business relationships, and generating sales. The “Retail Network” provides members of the general public an opportunity to purchase exclusive products and services, through discounted programs, like the WMN Power Card.  WMN itself does not sell any products or services directly, and any relationships or contracts entered into between any End User through the WMN are contracts between such parties and do not involve WMN; therefore, WMN does not control or enforce any of the terms between End Users, including but not limited to any terms relating to guarantees, shipping, product descriptions, quality, accuracy, and safety.
  2. FEES:
    WMN may charge fees to certain End Users, as stated herein and in any Sales Order Form executed by End User. End User shall pay the fees according to the payment terms in the WMN Sales Order Form . End User may also be obligated to additional terms as stated on an Addendum to the WMN Sales Order Form, which are hereby incorporated by reference. All orders are non-cancellable and non-refundable.  WMN may assess a late fee of 1.5% per month on any balance that remains unpaid after the invoice due date.  Failure to pay any invoice within 60 days of the invoice date is a material breach of this Agreement that entitles WMN stop the Services, including accessibility to the WMN and related profile/account information, and demand payment in full for all outstanding amounts, including payments owed through the subscription period and accrued late fees. End User shall be responsible for paying all applicable sales, use, and other taxes.
  3. REGISTRATION REQUIREMENTS:
    All End Users must provide: first and last name; address; company name and/or affiliation; email address; and billing information (if and when applicable). All End Users shall be at least 18 years old, and must provide complete and accurate contact information. End User’s shall not attempt to hide or misrepresent their identity, or create accounts intended for the use of others.
  4. ACCESS RIGHTS:
    Subject to the terms of this Agreement, WMN hereby grants End User a limited, non-exclusive, non-transferable, revocable license to use and access the Services only for the period of time stated in the Sales Order Form executed by End User, if applicable, and otherwise as long as End User is compliance with this Agreement and all other applicable terms.

    WMN may from time to time and in its sole discretion provide additional materials and services to complement the Services, including, but not limited to the “VIP Gold Power Card”, educational materials, educational seminars, and sales training, either through the Services platform, in person, or via email ("Materials"). WMN hereby grants End User a limited license to use the Materials solely for End User’s own authorized internal business purposes. The Material shall not be used for any other purpose.

    End User agrees to access and use the Services solely in accordance with the terms and purposes expressly authorized in this Agreement, and End User shall not exceed the access provided by End User.
  5. PRIVACY, USER NAMES AND PASSWORDS:
    WMN is committed to its policy of protecting the privacy and confidential information of its End Users.  Any information provided by an End User to WMN relating to the Service shall only be used as described in the WMN Privacy Policy, which can be viewed at http://worldmarketingnetwork.com/privacy. End Users shall remain solely responsible for all Service activity associated with End User’s usernames and passwords. WMN shall not have any obligations to End User in the event of a stolen or lost password. If a breach of security regarding user names or passwords occurs, End User shall inform WMN immediately.
  6. WMN BENEFITS:
    WMN shall provide the following benefits to its General Partners and Preferred Partners, as part of each category of membership stated below. Each category of offerings will be provided according to the specifications in the WMN Sales Order Form executed by General Partners and Preferred Partners, if any.

    Business Network Offerings:
    1. General Partners. “General Partners” shall be those End Users who register with the WMN as a General Partner, and shall gain accessibility to the following benefits:
      1. The WMN provides General Partners with access to the WMN Business Network and Retail Network, providing access to and visibility to potentially millions of customers worldwide.
      2. Targeted, reduced cost marketing programs designed to propel business success.
      3. Increased brand recognition by being endorsed by and associated with the WMN.
      4. Marketing of products and services on a global-scale, with the goal of increasing sales volume and consistency, increasing customer base, and maximizing profits.
      5. National and international advertising as no additional cost, since the WMN will absorb costs of this marketing.
      6. No commissions charged by the WMN for generating sales, unlike most online sales and marketing platforms.
      7. Complete control and management of the VIP Gold Power Card discount campaigns for exclusive promotions.
    1. Preferred Partners. “Preferred Partners” shall be those End Users who register with the WMN as a Preferred Partner, who shall provide services to General Partners, and shall gain accessibility to the following benefits:
      1. At no cost, the Preferred Partners join a network of exclusive business product and service offerings designed to provide business services to a dedicated market of General Partners looking for Preferred Partner services.
      2. Provides a consistent source of referrals from the WMN, without any advertising costs.
      3. Stimulates increased revenue growth through exclusive WMN referrals.
      4. No increased advertising, marketing, or sales costs associated with the increased sales from the WMN.
      5. Access to industry specific, open-bidding opportunities to gain exclusive service contracts within the WMN.

  7. END USER’S OBLIGATIONS TO THE WORLD MARKETING NETWORK:
    In order to provide the desired experience to all End Users, as part of each category of membership stated below, all General Partners and Preferred Partner must adhere to their respective obligations state below.  Failure to comply with any of the delineated obligation may result in immediate revocation of access to the WMN without notice. 
    1. General Partner Obligations.  As part of participating in the WMN, All General Partners shall provide and abide by all of the following requirements, at all relevant times:
      1. Guaranteed customer service to all WMN End Users.  The WMN reserves the right, in its sole discretion, to determine whether General Partner has satisfactorily fulfilled its obligation to provide “guaranteed” customer service to all End Users
      2. For sales of products, expedited delivery options must be provided. Additionally, General Partner must also accept returns or credits for products that are damaged during shipment or defectively manufactured; however, this requirement shall not apply to any products that are no longer stocked or are otherwise considered close-out inventory.
      3. Cooperate with Preferred Partners for the purpose of reaching the collective benefit of increasing sales for both, Preferred Partners and the General Partner.
      4. Engage Preferred Partners through the WMN only, and shall not attempt to circumvent the WMN in soliciting or engaging with Preferred Partners. General Partners that are interested in obtaining services from Preferred shall not engage with Preferred Partners other than through WMN’s business communication protocols.
      5. Although basic promotional advertising will be provided by the WMN at no cost, additional advertising shall be at an additional cost to the General Partner. In the event General Partner desires to purchase advertising and marketing tools from the WMN, all such tools must be paid in advance to the WMN.
      6. All sales and marketing needs that General Partners may have, if any, that relate to increasing visibility and sales on the WMN shall be provided exclusively by Preferred Partners.
      7. Complete customer service for all products and services offered, including management of delivery options, returns, and purchase credits.
    2. General Partner’s VIP Power Card Obligations.  General Partners shall provide all of the following benefits to all VIP Power Card Members, as part of the WMN exclusive offerings:
      1. Discounts From 10-50% off Retail Pricing – All General Partners are required to list select discount items for WMN Power Card Customers.
      2. VIP Power Bidding - All General Partners are required to list select items for WMN Power Card customers to bid on.
      3. Exclusive Holiday Specials - All General Partners are required to introduce "Exclusive" Holiday Specials that can't be found on any other website or retail facility.
      4. Free Shipping - All General Partners are required to offer FREE shipping on select items.
      5. VIP Promotional Giveaways – All General Partners are required to offer select items for promotional giveaways. Items can include anything from store credit to FREE vacation packages. Power Card Members will be notified thru a WMN customer service representative.
    3. Preferred Partner Obligations. As part of participating in the WMN, All Preferred Partners shall provide and abide by all of the following requirements, at all relevant times:
      1. Primary obligation shall be to provide marketing and business services to General Partners.
      2. Preferred Partners shall not advertise or market on WMN, and shall only receive such inquiries for services as allocated by the WMN.
      3. Provide guaranteed satisfaction to General Partners. The WMN reserves the right, in its sole discretion, to determine whether Preferred Partner has satisfactorily fulfilled its obligation to provide “guaranteed” customer service to General Partners.
      4. Engage General Partners through the WMN only, and shall not attempt to circumvent the WMN in soliciting or engaging with General Partners.  Preferred Partners that are interested in providing services to General Partners shall not engage with General Partners other than through WMN’s business communication protocols. As such, Preferred Partners shall not disclose their identity to any General Partner, other than as permitted through the WMN.
  8. PROHIBITED USES:
    End User shall not, and shall not permit any employee or other third-party under its direction, to do any of the following prohibited acts, which may result in the immediate termination of Services and other remedies:
    1. copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert, or apply any procedure or process to the Service in order to ascertain the source code for the Service;
    2. transmit pornographic, obscene, threatening, defamatory, harassing, hate-oriented, defamatory, racist, illegal, or otherwise create or post objectionable material using the Service;
    3. create user IDs that are obscene or offensive, or that copy the ID of others;
    4. hide the identity of any sender of electronic communications through the WMN;
    5. interfere with, disrupt or manipulate the Service, its networks or servers;
    6. successfully gain or attempt to gain unlawful or unauthorized access to the Service or accounts, systems and networks connected to the Service by password mining or other unauthorized means;
    7. disturb, interfere with, or damage any End User’s use of the Services and business conducted through the WMN;
    8. engage in any activity that violates any law, including, but not limited to the CAN SPAM Act, the Health Insurance Portability and Accountability Act, the Children's Online Privacy Protection Act, or any third party right, including infringing any intellectual property right of another, privacy right or publicity right; send, or promote or condone the sending of unsolicited email to individuals not affiliated with the End User; or
    9. upload, download, or distribute files that contain viruses, do not meet the specifications of file type indicated WMN, corrupted files or software.  Any third party software embedded in the WMN's website may be used only in conjunction with the Service and may not be used separately.

      If End User posts any content that is in violation of these Prohibited Uses or the law, WMN reserves the right to immediately remove such content or terminate the End User’s account, or take any other action the WMN believes is necessary, without notice.
  9. INTERACTIONS AND COMMUNICATIONS WITH OTHERS ON WMN
    Some features of the WMN provide an opportunity for End Users to interact with and communicate with other WMN End Users. By creating an account and using the Services, you are agreeing to receive messages from other End Users that are commercial and social in nature. We do not screen or otherwise review any messages sent or received using the Services. Additionally, End Users may decide to engage in marketing, sales, and networking offline, in person. Similarly, we do not monitor, police, screen or otherwise oversee in person interactions. Therefore, WMN shall not be responsible or held liable for any offensive, irregular, unusual, or harmful communications and interactions, and End User shall indemnify and hold WMN harmless from any liabilities relating to interactions and communications with other End Users. However, such communications and interaction may violate this Agreement, and therefore, if they occur, End Users must report any of these incidents to WMN, immediately. Please include a copy of any electronic communications and the user ID of any End User in your notice to us.
  10. PROPRIETARY RIGHTS:
    WMN owns all right, title, and interest in and to the Services, Materials, and WMN’s registered and unregistered, domestic and foreign, trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and relating to the Services, including any and all surveys created by WMN prior to consulting with End User (“Intellectual Property”). End User shall only use its limited grant of rights to WMN’s Intellectual Property for the purposes of lawfully using the Services as authorized by the WMN.   WMN may from time to time make modifications to the Services in the form of upgrades and releases based on a variety of factors including End User's feedback. Because WMN must use substantial resources to make and support such changes, and because such changes are derived from WMN’s existing Intellectual Property, WMN owns all right, title, and interest in and to such changes. End User shall not remove any copyright notice attached to WMN Intellectual Property, including those appearing on all templates.

    End Users own all right, title and interest in its own intellectual property including its trademarks, inquiries and responses, provided they are not derived from WMN's Intellectual Property. End User grants WMN a non-exclusive, irrevocable, royalty-free, perpetual, worldwide license to use and publicly display any and all Intellectual Property provided to WMN, including any and all Intellectual Property rights that End User may acquire in the future, relating to content provided on or through the WMN.  End User understands that this is necessary in order for WMN to provide the Services.

    End User also grants WMN a license to display End User’s name, registered and unregistered trademarks, and other identifying information in WMN marketing materials, including on the WMN website. End User also grants WMN a non-exclusive, irrevocable, royalty-free right to use End User’s name and logo in WMN marketing materials and client lists, including on the WMN website, anytime during or after termination of End User’s use of the Services, without additional notice.

    WMN also respects the intellectual property rights of others. Therefore, if any content on the WMN is, in good faith, believed to be infringing, then please inform us of which content is infringing by emailing us at: info@worldmarketingnetwork.com. Please include a link to the content, and a brief description of the nature of the infringement. Please note that abusive use of infringement “take-down” requests may create liability on the party using the notification, abusively.
  11. UPGRADING OF SERVICES:
    WMN may from time to time improve the functionality of the Service and retire old features.  WMN reserves the right to decide whether retired feature will be available. End User is solely obligated to back-up and download all necessary data relating to the Services.  From time to time, WMN reserves the right to delete any and all data that is older than 2 years from its database at any time, without written notice to the End User.
  12. PROMOTION OF PRODUCTS AND SERVICES
    WMN provides business owners with a unique opportunity to market products and services to other business owners. We cannot monitor every statement made on the WMN and do not edit any advertisements or promotions made by any End User. All statements made on the WMN by an End User are the statements of that End User alone, and WMN does not and shall not endorse, support or adopt any such statements. Therefore, in order to provide End Users with the best experience when marketing, all End User shall adhere to the following marketing practices:
    1. All statements made in any and all marketing of products an services shall at all times be accurate and truthful;
    2. Advertising of alcohol, tobacco, firearms, weapons, knives, pornographic materials and materials of a sexual nature, drugs and drug paraphernalia, gambling, lotteries or other games of chance, and related items shall be strictly prohibited;
    3. Illegal replicas and counterfeit goods are strictly prohibited;
    4. Advertising for which children under the age of 13 are the primary target shall be strictly prohibited (however, products for children under the age of 13 are permissible, so long as the intended audience for the advertisement is not a child under the age of 13);
    5. End Users that market food, over-the-counter drugs, dietary supplements, contact lenses, weight loss, and other health-related products shall not make unsubstantiated claims, and shall comply with all FDA and FTC disclosure requirements;
    6. Advertisements shall not contain content that is not original, unless permission has been obtained from the owner or creator of the content;
    7. Bait and switch tactics are strictly prohibited; and
    8. Statements that violate any other terms of this Agreement are strictly prohibited.
  13. WARRANTY AND DISCLAIMER:
    All Materials and the Services that are provided by WMN to End User, either directly or indirectly, are provided solely "AS IS."  WMN makes no representations or warranties of any kind concerning use of the products or services acquired through the WMN, other than as expressly stated herein.  End User's use of the WMN is at its own risk.

    WMN represents and warrants that the Services shall be provided in a workmanlike manner that conforms to the relevant, prevailing industry standards.

    EXCEPT FOR THE WARRANTY ABOVE, WMN PROVIDES THE SERVICES AS IS AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. END USER UNDERSTANDS THAT WMN IS DEPENDENT ON CERTAIN THIRD-PARTIES AND ON MATTERS OUTSIDE ITS CONTROL FOR DELIVERING THE SERVICES.  WMN EXPRESSLY DISCLAIMS THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE.  ANY MATERIAL OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES, INCLUDING SURVEY RESPONSES AND SAMPLE SURVEYS, IS DONE AT END USER’S OWN RISK AND END USER SHALL REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL, INCLUDING ANY LOSS OF DATA OR DAMAGE TO END USER’S COMPUTER SYSTEMS.  WMN SHALL NOT BE RESPONSIBLE FOR END USER'S FAILURE TO STORE, DOWNLOAD, OR BACKUP ITS DATA. 

    END USER ACKNOWLEDGES THAT WMN PROVIDES A PLATFORM FROM WHICH END USER MAY COMMUNICATE WITH PARTICIPANTS OF THE WMN.  WMN DOES NOT CONTROL, EDIT, OR ENDORSE END USER'S OR OTHER PARTICIPANT'S COMMUNICATIONS ON THE WMN.  END USER SHALL REMAIN SOLELY RESPONSIBLE TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY COMMUNICATIONS, ADVERTISING, RESPONSES, RESULTS, AND MATERIALS. WMN SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT TRANSMITTED THROUGH THE WMN SERVICE.

    END USER REPRESENTS AND WARRANTS THAT IT SHALL NOT BREACH ANY OF THE OBLIGATIONS UNDER THIS AGREEMENT.
  14. LIMITATION OF LIABILITY:
    WMN'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT ARE LIMITED TO DIRECT MONETARY DAMAGES, AND THE AMOUNT OF SUCH DAMAGES SHALL NOT EXCEED THE AGGREGATE FEES PAID BY END USER WITHIN THE PAST YEAR OF SERVICE UP TO A MAXIMUM OF $3000.00.  IN NO EVENT WILL WMN BE LIABLE FOR PROVIDING SUBSTITUTE SERVICES OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM, LOST PROFITS, LOST REVENUE, LOST DATA, OR INABILITY TO USE THE SERVICES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.  CLIENT ACKNOWLEDGES THAT WMN HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY AND THE SAME FORM AN ESSENTIAL BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
  15. INDEMNITY:
    End User agrees to indemnify, hold harmless, and defend or settle at its own expense WMN and its directors, officers, employees, and agents against claims for property damage, loss of data, loss of revenue or profits, loss to reputation, loss of goodwill, death, illness, injury, improper business practices arising out of End User's use of the Services, intellectual property infringement, reliance on the Services, or unauthorized access by persons using End User's login credentials due to End User's negligence.  However, End User’s duty to indemnify WMN shall not apply to any claims or disputes resulting from WMN's willful misconduct.  As a condition to End User’s defense and indemnification of WMN, WMN shall give End User: (1) prompt written notice of any action, claim or threat of infringement suit, or other suit within 30 days of its receipt; (2) the opportunity to take over, settle or defend such action, claim or suit at End User’s sole expense; and (3) assistance in the defense of any such action at the expense of End User.

    If any Service or feature becomes, or in WMN’s opinion is likely to become, subject of such a claim of infringement, WMN must either provide End User the right to continue to use that Service, or replace or modify the Service so it is no longer infringing.  If neither of the foregoing is commercially and reasonably available to WMN, End User shall return all Materials relating to the Services to WMN, or the Service may be deactivated by WMN, and WMN must then refund End User a pro-rated amount of the fees paid for the infringing Service based on the remaining contracted period.  WMN shall have no obligation or liability hereunder for any claim resulting from: (a) modification of the Services by any party other than WMN, (b) modification of the Services by WMN in accordance with End User’s designs, specifications, or instructions; (c) use other than as granted in this Agreement; (d) use of a superseded version of the Services if the infringement claim could have been avoided by using a current version available to End User.

    THIS SECTION STATES THE PARTIES' SOLE AND EXCLUSIVE REMEDIES AND LIABILITY FOR ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT OR MISAPPROPRIATION CLAIMS OR DAMAGES.
  16. CONFIDENTIAL INFORMATION:
    The parties understand the provision of Services may require the use and disclosure of certain confidential information belonging to WMN.  The parties shall hold in confidence and not use or disclose to any third party, or use for any purpose other than as expressly authorized in this Agreement, the terms and pricing of Services under this Agreement, any software or documentation related to the Services, WMN sample questions and templates, trade secrets, technical know-how, inventions, Materials, product development plans, pricing, marketing plans, client lists and email addresses, distribution lists and all survey responses from surveys, the know-how, proprietary, or other confidential information received from the other party (collectively, “Confidential Information”).  Information that is communicated orally shall be considered Confidential Information only if confirmed in writing as being confidential within a reasonable time after the initial disclosure.  However, WMN may share End User Confidential Information with its agents acting on its behalf in order to provide Services under this Agreement.  If any party is required by law to disclose Confidential Information of the other party, the disclosing party must provide the other party with reasonable notice of its intent to comply with the disclosure request and take reasonable steps to minimize extraneous disclosure.

    Confidential Information does not include information that: (a) is known to the receiving Party prior to any disclosure and can be so proven by written records; (b) is received at any time by the receiving party in good faith from a third party lawfully in possession of it and having the right to disclose the same, and can be so proven by written records; (c) is as of the date of receipt by the receiving Party in the public domain or subsequently enters the public domain other than by reason of acts or omissions of the employees or agents of the receiving Party which acts or omissions have not been consented to by the other Party, and can be so proven by written records; (d) becomes publicly available through no fault of the receiving Party; (e) or is independently developed by or on behalf of the receiving Party without resort to the other Party’s Confidential Information as can be shown by reasonable documentary evidence.
  17. TERMINATION:
    For End User’s executing a Sales Order, this Agreement shall become effective on the Contract Start Date and terminate on the Contract End Date specified in the WMN Sales Order Form executed by End User.  For all other End Users, these terms are effective upon commencing use of the Services. Upon termination of this Agreement or the rights licensed herein, End User shall cease using the Services and related materials immediately. Upon termination, WMN shall not have any obligation to make available or provide access to the Services.  Accordingly, End User should download all information desired prior to the Contract End Date.

    WMN may immediately terminate this Agreement in response to any breach or any action that in WMN's sole and absolute discretion constitutes a violation of this Agreement or any other abuse of the Services. If WMN terminates this Agreement for any reason not constituting a breach of this Agreement by End User, WMN may refund to End User, in its sole discretion, unused charges on a pro-rata basis, if applicable. End User shall remain responsible for all charges due through the Contract End Date if termination is for any other reason.

    If an End User executing a Sales Order terminates this Agreement for any reason prior to the Contract End Date specified in the WMN Sales Order Form, then End User must provide 60 days notice prior to the termination date desired by End User so that WMN may procure adequate coverage for any services being provided to the WMN and for other administrative reasons. Any termination by End User in breach of this notice provision shall entitle WMN to liquidated damages in an amount no less than all payments made by End User’s under the most recent Sales Order Form, plus all actual losses incurred to the WMN as a result of End User’s early termination.

    Paragraphs 7 through 14 shall survive termination of this Agreement.
  18. GENERAL PROVISIONS:
    This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its own or other conflict of law principles.  The parties shall use good faith and all reasonable efforts to resolve disputes arising from or relating to this Agreement by negotiating with each other first. Reasonable efforts requires End User to email WMN at: info@worldmarketingnetwork.com with a brief description of the complaint or concerns (no longer than 250 words), and the terms believed to be violated. Thereafter, WMN shall have 30 days to respond. If after receiving WMN’s response, End User is not satisfied, End User must propose an alternative resolution via email, and WMN shall have an additional 10 days to consider the alternative resolution and provide its own alternatives. The parties shall then be required to discuss the proposed alternatives for an additional 20 days after WMN provides End User with its proposed resolutions. Thereafter, any unresolved disputes may then be brought before a neutral arbitrator in Maricopa County, Arizona.  Any disputes unresolved by arbitration may then be brought in a court of competent jurisdiction in Maricopa County, Arizona. End User understands and agrees that WMN does not resolve disputes between End Users. Any disputes relating to sales or dealings between End Users shall not involve WMN.

    This Agreement, and the Sales Order Form and any addenda (if applicable) attached, represents the entire final Agreement between the parties and supersedes all prior Agreements relating to the use of the Services, whether written or oral, unless otherwise expressly permitted in this Agreement.

    The failure by WMN to enforce any right or provision of the Agreement shall not constitute a waiver of that provision or any other provision of the Agreement.

    The parties understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance.  These occurrences and events include, but are not limited to: acts of God; acts of war; acts of public enemies; strikes; fires; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hacking; actions of the elements; industry changes; regulatory changes; or other similar causes beyond the control of End User or WMN in the performance of this Agreement.  Upon the occurrence of such event or effect, the parties shall agree to excuse performance under this Agreement and not hold the other liable for the delay in or failure of performance under this Agreement.  Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. 

    End User shall not assign or otherwise transfer the rights under this Agreement by operation of law or otherwise, without WMN's prior written consent. Any entity that acquires, merges with, or otherwise combines in any manner with End User shall not acquire any rights to the Services under this Agreement, without WMN's prior written consent.

    If any provision of the Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

 

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