Terms of Service
This is the web site of
100 Percent Commission (http://100-percent-commission.com).
Our postal address is :
100PrecentCommission
PO 1432
Hendersonville, N.C.
28793
We can be reached via
e-mail at support@100-percent-commission.com
Your completion and submission of your online enrollment
indicates your agreement to the following Terms and Conditions as
condition of being an affiliate, reseller, Pro member and/or a Free
member of 100 Percent Commission. The company will be herein called and
referred to as 100 Percent Commission.
WE MAKE NO GUARANTEE OF INCOME
As an Affiliate/Reseller you agree and verify that 100 Percent
Commission, nor any of its affiliates have guaranteed or implied any
income, whatsoever. Such income as may be received by you as an
Affiliate/Reseller will be solely based upon the sale of Pro Memberships
and services as described in the main website
100-percent-commission.com.
You also do hereby agree that you will make no claims of income, or
guarantee of income, either directly or indirectly, but will allow the
100 Percent Commission description of the "compensation plan"
to suffice in all descriptions and explanations of potential income to
prospective Affiliates/Resellers.
Affiliate/Reseller as INDEPENDENT CONTRACTOR
You agree that, as an Affiliate or Reseller, you are operating as an
independent contractor and are not subject to withholding, nor entitled
to any other benefits, entitlements, or accommodations other than those
legally provided for in the "compensation plan".
All liabilities for taxes, record keeping, reporting of state, national,
or local taxes and/or license(s) will be the sole responsibility of you,
the Affiliate/Reseller.
NO SPAMMING POLICY
Due to the nature of the Internet and Email Marketing we must strictly
enforce that there is to be NO SPAMMING. Spamming is defined as sending
any unsolicited commercial email. This includes, but is not
limited to, misuse of leads from any site. Read our Spam
Policy for complete information regarding our policy on Spam.
Anyone found to be spamming will have their account immediately
terminated, without refund, and without recourse.
No Direct SMTP mailers are allowed. An example of this
is DarkMailer. Any mail should be relayed through the local MTA
(localhost:25) for further delivery by the server and not done directly
by scripts.
CANCELLATIONS
CANCELLATION OF MEMBER ACCOUNTS
Any member of 100 Percent Commission may cancel his or her account, at
any time, by clicking on the cancel button in their members area and
following through with the cancellation process.
100 Percent Commission will have no less than 10 days to
fulfill such request and such request shall be deemed to be received and
fulfilled upon receipt of confirmation email from 100 Percent Commission.
Upon termination of a member's account, whether by Affiliate/Reseller or
100 Percent Commission, all downline information, payment information,
etc... will be removed from the system. Any pending commissions will be
retained by 100 Percent Commission.
In the event that a cancellation request is received and/or fulfilled
after the monthly debit has been initiated, 100 Percent Commission will
not be able to issue a refund. Cancellation requests should be sent in
well in advance of the next scheduled debit date.
Member accounts may also be cancelled due to abuse,
including but not limited to abuse of admin via email, abuse of
admin/support via the Ticket system, misuse of the daily leads, misuse
of the 100 Percent Commission site, hacking or cracking any pages,
folder or software within any X-Streeam Marketing owned and operated
sites, and using spam filters or blocking software on the designated 100 Percent Commission
contact email address.
Pro members who have their accounts terminated will not
receive a refund or any further recourse. All outstanding commissions
payments will be forfeit to 100 Percent Commission.
All members are expected to know and adhere to the TOS
of 100 Percent Commission and will receive no warnings for such
violations prior to cancellation and forfeit of monthly fees or
outstanding commissions.
All Members who are terminated or request cancellation
are responsible to ensure their monthly subscriptions are cancelled. 100 Percent Commission
is hereby absolved of any unintentional payments sent just prior to of
after account cancellation. No refunds will be granted.
HOW MEMBER ACCOUNTS ARE CHARGED
100 Percent Commission charges a current monthly fee of $12 for pro
reseller accounts. 100 Percent Commission currently bills through
multiple payment processors.
We do NOT deduct the monthly fee from member
Affiliate/Reseller balances - members are solely responsible to ensure
their accounts are kept paid on time, every time.
We reserve the right to change, alter, or discontinue our payment system
at any time without notice. We reserve the right to change our fees, and
commission structure at any time without notice. if such fee changes are
instituted, current members will be "grandfathered in" and
will be asked to pay no more than their CURRENT fees for the CURRENT
account.
NON-PAYMENT OF MONTHLY PRO ACCOUNT FEES
Any Pro level member who allows his or her monthly fee
to lapse for any reason will see their accounts DELETED, losing all
benefits of Pro membership and all currently unpaid Affiliate/Referral
commissions will be considered forfeit to 100 Percent Commission. 100 Percent Commission
does NOT deduct monthly access fees from outstanding Affiliate/Reseller
balances.
HOW WE PAY COMMISSIONS
Commissions are calculated at the end of each MONTH. There is a minimum
of $2.00 (US Funds) processing fee assessed at the time of payment,
regardless of the amount owed to an Affiliate/Reseller. Affiliate
payments must be at or above a level of $50 (US Funds) before
commissions are paid. All commissions LESS than $50 (US) will be held
over until such a time the commissions reach the aforementioned level.
In the event that an Affiliate's membership is terminated by either the
company or the Affiliate, Affiliate will forfeit any claim to any
commissions owed at the time of cancellation.
If an Affiliates/Reseller's account is inactive for any reason when
commissions are calculated, any claim to commissions for that month are
forfeit.
NOTIFICATIONS and COMMUNICATIONS (Notices)
Affiliates/Reseller agrees to accept all communication from 100 Percent Commission
in the form of email communication, at the email address listed in
Affiliate/Reseller's member profile. Such communication shall include,
but not be limited to billing statements, commission reports,
collections, sales offers, record keeping, etc...
Any member or Affiliate/Reseller found to be using Spam
Block Services on the accounts they used to sign up will have their
accounts immediately terminated without refund or recourse. Any
outstanding commissions at that time will be considered forfeit to 100 Percent Commission.
All email correspondence should be sent via our Support
Ticket System.
All postal correspondence should be directed to:
100 Percent Commission
PO Box 1432
Hendersonville NC
28793
NO WARRANTY STATEMENT
100 Percent Commission makes no warranties of any kind, whether
expressed or implied, for the service it is providing. 100 Percent Commission
also disclaims any warranty of merchantability or fitness for a
particular purpose. 100 Percent Commission will not be responsible for
any damage suffered. This includes loss of data resulting from delays,
non-deliveries, or service interruptions caused by 100 Percent Commission
negligence or the member's errors or omissions. Use of any information
obtained via 100 Percent Commission is at your own risk. 100 Percent Commission
specifically denies any responsibility for the accuracy or quality of
information obtained through its services.
LIMITS of LIABILITY
ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR
BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON
BEHALF OF THE MEMBER TO 100 Percent Commission FOR THE CURRENT MONTH
ONLY.
Should any provision of this agreement be held to be illegal, invalid,
or unenforceable by a court law, the legality, validity and
enforceability of the remaining provisions of this agreement shall
remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the State of North
Carolina and the United States of America.
These Terms and Conditions, last modified on October 24th, 2008,
supersede all previous representations, understandings or agreements and
shall prevail notwithstanding any variance with terms and conditions of
any order submitted. Use of 100 Percent Commission member services
constitutes acceptance of these Terms and Conditions.
Completion and submission of your online or offline enrollment indicates
your agreement to the above Terms and Conditions and full understanding
of the legal disclaimers.
If you have
any questions or concerns regarding any of these policies please don't
hesitate to contact us.
