This is a legal agreement between you and TANK Worldwide, Inc. ("NextDayCommission.com"). By contracting with TANK Worldwide, Inc. You agree that you have read, understand and agree to abide by the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition. If you do not agree to this membership agreement, please do not use the site.
The terms and conditions of this membership agreement are subject to periodic change at TANK Worldwide, Inc. discretion. As such, each user of the site ("member" or "you") agrees to review this membership agreement periodically in the section of the site entitled "terms of use."
Account Usage
Only members who have successfully registered as a NextDayCommission Merchant or Affiliate may participate or use the site. NextDayCommission prohibits the use of this Site by Members who operate websites containing pornographic, racist or illegal content. The definition of pornographic, racist or illegal content is entirely at the discretion of NextDayCommission. NextDayCommission does not support the advertising or placement of adverts on any sites connected with pornography, racist or illegal content. NextDayCommission however, will not be held responsible for any advertisements which are placed on websites containing pornographic, racist or illegal content. It is entirely the members’ responsibility to ensure their adverts reside on Affiliate websites which meet their approval. NextDayCommission is not obligated to supply you with your user name or account password if you misplace, forget or lose such information.
Affiliate Commissions
NextDayCommission is under no obligation to credit your NextDayCommission account monetary sums that may have been lost or forfeited due to circumstances including, but not limited to, software malfunctions or inadvertent Member selections. To ensure Affiliate payment integrity, all sales will be assigned a “Cooling Off” period and determined by the program administrator. NextDayCommission has a flexible Affiliate commission pay schedule and pays commission when Affiliate balances reaches US$25. To qualify for a payment, the Affiliate balance must be equal or greater than the minimum balance. If not, all payments are stored as “Site Credit” and issued once the minimum is reached.
Liability Of NextDayCommission
NextDayCommission is not liable for any malfunction or failure of its systems, Site or service offering due to matters including, but not limited to, failure of any other entity's software, hardware or communications technology or any part thereof, delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system, any act of God, any outbreak of hostilities, riot, civil disturbance, acts of terrorism, the acts of Government or authority (including refusal or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lockout or industrial action of any kind. It is your sole responsibility to understand and abide by any federal, state, local or foreign tax laws that may apply to your Affiliate commission payments. You understand that you may be required to complete certain Internal Revenue Service ("IRS") tax information reporting forms prior to your receipt of any monetary sums. You further understand that NextDayCommission may be required to provide information regarding your earnings to the IRS or any other foreign government agency that requests such information concerning its citizens. It is the sole responsibility of the Member to alert NextDayCommission via email if they believe they are subject to fraudulent activity. NextDayCommission in it sole discretion determines fraudulent activity and if the funds associated with such activity will be credited to or debited from the member's site credit. Members must provide on request to NextDayCommission all information and material relating to fraudulent activity. NextDayCommission, in its sole discretion, may disqualify a Member from participation in the use of any or all portions of the Site if such Member engages in any conduct that NextDayCommission deems to be illegal, improper, unfair or otherwise adverse to the operation of the Site or detrimental to other users of the Site. Such improper conduct includes, but is not limited to: falsifying personal information required during account creation; sending spam emails; accumulating earnings or falsifying Merchant program expenditure through methods such as programming techniques or falsified information; intentionally trying to defraud or otherwise tamper with the computer programs or Member information comprising the Site. NextDayCommission may void and refuse to pay/reimburse to a Member any monetary sums that a Member has earned and/or require the return of any monetary sums that a Member may have accumulated if engaged or previously engaged in improper conduct. NextDayCommission may also recover any outstanding fees owed by Members using one or a combination of methods that include deductions to the Members current balance, credit card charges or reductions in promotional membership periods purchased. Members further acknowledge that the forfeiture of earnings or deposits shall in no way prevent NextDayCommission from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
Trademarks, Copyrights And Proprietary Rights
You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text and images without NextDayCommission written permission. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in this Membership Agreement or in the text on the Site without the written permission of NextDayCommission. NextDayCommission neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. NextDayCommission assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text or images. Any communication or material you transmit or post to the Site by electronic mail or any other method, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential, non-proprietary. Anything you transmit or post may be used by NextDayCommission or its Affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you consent to the posting and transmission of any data from your online shopping cart, online store and any other source. NextDayCommission is free to use any data, ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to the Member. The trademarks and logos displayed on the Site are registered and unregistered Trademarks of NextDayCommission and/or others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of NextDayCommission or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Membership Agreement, is strictly prohibited. You are also advised that NextDayCommission will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Miscellaneous
NextDayCommission will send all payments to Affiliates on a regular basis using a either PayPal or a method agreed to by both parties prior to registration. NextDayCommission reserves the right to change this method or period at any time. NextDayCommission, in its sole discretion will make payment to an Affiliate if there are no outstanding monetary or fraudulent activity claims raised by NextDayCommission or any of its members. If appropriate, Affiliate and or Member account balances will be adjusted to remedy these claims. NextDayCommission Members may not refer themselves ('self referral') as either Merchants or Affiliates with the aim of receiving the referral commission. Referral commission and any earnings associated with this type of 'self referral' will not be paid. NextDayCommission, in its sole discretion will determine the meaning of 'self referral'. NextDayCommission may not have reviewed all of the sites linked to by the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. The regulations, terms and conditions contained herein represent the complete, final and exclusive agreement between NextDayCommission and the Member, and supersede all prior agreements, representations and understandings between NextDayCommission and the Member. This Membership Agreement and Member accounts may be terminated by NextDayCommission at any time. However, such termination does not affect the enforceability of the terms and conditions of this Agreement as they relate to acts and omissions during the period prior to such termination. NextDayCommission reserves the right to change the terms and conditions or functionality of NextDayCommission at any time without notice. The Member acknowledges that if any provision of this Agreement conflicts with any other rule, regulation, term or condition of the Site, the terms and conditions of this Agreement shall govern.
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