Alpha Mall will provide you Services
for which you register on Alpha Mall's
Website, subject to the terms and
conditions of this Agreement. Services
include:
A MAXIMUM of 20 mb of website space, and
various other services for your Alpha
Mall storefront.
Multiple store-fronts ARE allowed with a
single membership as long as the TOTAL
does not exceed 20mb.
A 10% discount on
all Alpha Mall Shops with your Alpha
Mall Membership account.
Alpha Mall reserves the right to
modify, enhance, or supplement the
Services at any time in its sole
discretion.
To sign up for or
receive any Service, you must submit and
maintain on file with The Alpha Mall
certain data, as requested by Alpha
Mall's on-line registration form for the
Service. Such registration data shall
include, but not be limited to, your
name, email address, physical address,
phone number and social security number.
Alpha Mall reserves the
right, in its sole discretion, to refuse
any Membership. Membership Service to
you will not commence unless and until
Alpha Mall has received payment for the
non-refundable application fee ($25.00),
and monthly membership fee ($40.00).
As a condition for
receiving any services, you promise,
represent, and warrant the following:
| A) All of the
registration information you
supply to Alpha Mall is
true, complete and accurate,
and you will notify Alpha
Mall of any changes to your
registration data during the
term of this Agreement and
submit updated information
within twenty (20) days of
any such changes;
B) None of the Alpha Mall
website space may contain or
link to any:
i)
Hate propaganda or
materials that
encourages or
promotes illegal
activity or
violence;
ii) Content that
violates or
infringes in any way
upon the statutory,
common law, or
propriety rights of
others, including
but not limited to
copyrights,
trademarks rights,
patents, or any
third party
intellectual
property, contract,
privacy, or
publicity rights;
iii) Material that
promotes or utilizes
software or services
designed to deliver
unsolicited email;
iv) Material that
violates any local,
state, or national
law or regulation;
v) Hacking code or
uses automated
script to generate
high traffic;
vi)
Misrepresentations
or material that is
threatening,
abusive, harassing,
defamatory, obscene,
profane, indecent,
or otherwise
objectionable,
offensive, or
harmful; or
vii) other material
that The Alpha Mall deems
inappropriate.
|
C) You will safeguard
your account user name and
password by not disclosing
your password to any third
party, and you will assume
responsibility for any and
all harm or liability
attributed to you or any
other person accessing your
account or any Services with
your user name or password.
D) You will treat any and
all consumer information
gathered for you or
transmitted to you via the
Alpha Mall website or
Services in accordance with
Alpha Mall Policy and
protecting the privacy of
all personal information.
E) You will comply with
all local, state, and
federal laws and regulations
governing your actions under
this Agreement,
F) As a Alpha Mall
Storefront you agree to
extend a 10% discount to all
Alpha Mall members who
access your check-out
through their Alpha Mall
Membership account, and
G) You have full power
and authority to enter into
this Agreement and to
perform your obligations
hereunder. |
Payments to the Alpha Mall for
website Services
You agree to pay
Alpha Mall a (one time only /
non-refundable) Registration Fee of
$25.00, a Membership Fee of $40.00
per month, (via automatic monthly
payments), and all applicable
processing fees.
Payments to You from the Alpha Mall
As an Independent
Contractor to the Alpha Mall you are
able to receive monthly bonuses as a
Sales and Service Representative.
Registration Referrals and
Membership Bonuses
You will receive a
Referral Payment of $15.00 (to be
paid from the $25.00 registration
fee) for every new member that you
Sponsor (either directly or
indirectly) to the Alpha Mall. You may
directly Sponsor a maximum of only
FIVE members. You may, however,
indirectly Sponsor as many members
as you like [they must be 18 years
old and each are limited to ONE
Membership]. An indirect
Sponsor is defined as a member who
is placed under one of your FIVE
sponsors, or one of their FIVE
sponsors (and so on). Each Member
has 30 days to sponsor his/her FIVE
members. After that point and
indirect Sponsor may take place.
Each member, however, MUST have
personally sponsored FIVE members
(direct/OS or indirect/AS) within the first SIX months
or by the time your 3rd level is filled
(whichever comes first) to
continue to receive bonus payments
(as described below).
To get started right
away you may want to consider our
"Quick Start"
plan. In a Quick
Start Membership you are required to
sponsor your FIVE members in ONE
week (as apposed to ONE month) IF you do not have all
FIVE sponsors in a week, a member of
your UPLINE
is permitted to place members in the
unfilled Sponsorship position. You will
not receive a Bonus Check after THREE
months (as apposed to SIX months) or after your 3rd
level is filled (whichever comes first)
UNTIL you have Sponsored
ALL FIVE of your direct members.
For your assistance
as a service and sales
representative of the Alpha Mall you
will receive bonuses as outlined in
the Alpha Mall Marketing Plan.
Bonuses are not, however, obligatory
and ALL bonuses are subjects to alteration
and/or suspension at any time.
Bonuses are as
follows:
|
LEVEL |
Level 1 |
Level 2 |
Level 3 |
Level 4 |
Level 5 |
|
BONUS |
$8.00 |
$2.00 |
$1.00 |
$2.00 |
$4.00 |
Bonuses will NOT be
paid for any month that a member's
monthly membership has (FOR ANY
REASON) not been paid. It is
YOUR responsibility to be sure your
membership is paid each month at the
appropriate time.
Virtual Money Account
In addition, after
being an Alpha Mall member for THREE
months, you will receive VM (virtual money). This money may
ONLY be spent in the Alpha Mall.
The VM only becomes YOUR money when
you spend it. There is no
carry over of VM from month to
month.
The VM was created to stimulate
sales in the Alpha Mall. A member
is not allowed to purchase his OWN
merchandize with VM nor is he
allowed to in any other way use VM
funds in such a manner as they are
determined to not fulfill the
intention of the VM’s purpose.
ALL VM is subject to
alteration and/or suspension at any
time.
VM is determined as follows:
|
LEVEL |
Level 1 |
Level 2 |
Level 3 |
Level 4 |
Level 5 |
|
VM |
0 |
$1.00 |
$4.00 |
$2.00 |
$1.00 |
Referral and Bonus Payment
All referral
payments and bonuses are paid at the
end of the month for the PREVIOUS
month's activity, (minus all
applicable service fees).
Terms of this Agreement
This Agreement is
automatically renewed each month.
Cancellation and Termination
You may cancel your
Membership at any time, however,
cancellation of Membership must be
made BEFORE the new service period
begins (the first day of the month).
Termination of
Membership is at the sole discretion
of Alpha Mall.
Cancellation or
Termination of Membership will
automatically discontinue all
financial obligations and
responsibilities of either party to
this Agreement.
Ownership Rights
You agree and
understand that the Services and all
graphic design, icons, tags, HTML
code, computer programming, and
other elements incorporated therein
are the exclusive property of Alpha
Mall. In addition, you acknowledge
that Alpha Mall owns all right,
title, and interest in Alpha Mall's
trademark, trade names, service
marks, inventions, copyrights, trade
secrets, patents, technology,
software, and know-how related to
the design, function, or operation
of the Service. Your rights to the
Services are strictly limited to the
rights expressly granted in this
Agreement.
Disclaimer of Warranty
Alpha Mall makes no
guarantees of any kind regarding
bonuses or the use or the results
derived from any Services in the
terms of dependability, accuracy,
security, timeliness, availability,
or usefulness. The Services and all
related materials are provided "AS
IS" without warranty of any kind.
ALPHA MALL HEREBY DISCLAIMS ALL
WARRANTIES EXPRESS OR IMPLIED, WITH
REGARD TO THE SERVICE AND RELATED
MATERIALS, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. ALPHA MALL
DOES NOT WARRANT THAT THE OPERATION
OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT
THE SERVICES WILL BE SUITABLE FOR
YOUR NEEDS OR YOUR INTENDED
APPLICATIONS, OR THAT THE SERVICES
WILL BE COMPATIBLE WITH OR OPERATE
IN THE HARDWARE, SOFTWARE, OR
WEBSITE CONFIGURATION THAT YOU
SELECT.
Limitation of Liability
IN NO EVENT WILL
ALPHA MALL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR INDIRECT
DAMAGES OF ANY KIND OR NATURE,
INCLUDING BUT NOT LIMITED TO LOSS OF
INCOME, LOSS OR DAMAGE OF DATA, AND
DAMAGE TO BUSINESS REPUTATION, UNDER
ANY THEORY OF LAW OR EQUITY, AND
WHETHER OR NOT ALPHA MALL IS
NOTIFIED OF THE POSSIBILITY OF SUCH
DAMAGES.
Indemnification
You agree to
indemnify, hold harmless, and (at
the Alpha Mall's request) defend the Alpha
Mall and its officers, directors,
and representatives from and against
any and all liability, damages,
losses, costs, or expenses
(including but not limited to
attorney's fees and expenses)
incurred in connection with any
claim related to (a) your breach of
any term, condition, representation,
warranty, or covenant in this
Agreement; or (b) the information
you supply to the Alpha Mall, including
your registration data. This
obligation shall survive any
termination of your relationship
with the Alpha Mall.
Sole and Exclusive Remedy
If you are
dissatisfied with any portion of any
Service, your sole and exclusive
remedy is to cancel your membership
to the given Services according to
this Agreement. No refunds are
available.