Subscriber Agreement
The Web site located at www.mojoglobal.com, www.mojo.mojovm.com, www.videomarketingwebinar.com, www.mojovideouniversity.com and www.mojomatrix.com/go, www.leadmastermind.com ("Site") is provided by Mojo Video Marketing, LLC ("Mojo Video Marketing"). Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "MojoGlobal.com," �MojoMatrix.com,� �MojoVM,� "Lead Mastermind" "we," "us'" or "our" refers to Mojo Global and its affiliated websites, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by Mojo Global.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been
assigned a particular username and password in accordance with Mojo Video
Marketing's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY
INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU
AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD.
You agree that all actions taken by you, or any other user that accesses the
Site using your username and password, at or through the Site will be
attributed to and legally bind you, even with respect to acts for which the
user had no actual authority or made an error. You assume all resulting
liability from use of the Site and any services available on it by you or
others using your username or password. If you lose your username or password,
please contact us at: [email protected].
2. Subscription Fees and Payments
As of January 1, 2015, Mojo clients must stay in the program for a minimum of 90 days.
Once entered into a payment plan, setup fee, or installment plan with Mojo Global for any program, you must complete all payments as stated verbally, in your sales agreement, or through the shopping cart in which purchase was made. Your subscription will continue and renew automatically, unless terminated by Mojo Global or until you notify Mojo Global in writing to terminate your subscription on the Site of your decision. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to Mojo Global, at the start of the annual, monthly, or similar period, and at the start of each renewal period. Subscriptions are due regardless of usage of purchased product, service, software, or site. Failure to pay subscription within 3 days of attempted processing will result in a 10% late fee. All cancelations require a 30 day written notice. You are responsible for paying all subscription fees in between that 30 day period. If you are overdue in payments, you are also responsible for becoming current before you may submit your 30 day written cancellation notice. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes, fees, and overages) at the rates in effect when the charges were incurred. All fees and charges incurred in connection with your Mojo Global username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Mojo Global. If you wish to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at [email protected]. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. You, and not Mojo Global, are responsible are paying any amounts billed to your credit card by a third party which were not authorized by you.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated
herein by this reference. Please read it now at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other
message or communication facilities ("Communication Services") designed
to enable you to communicate with others. You agree to use the Communication
Services only to submit or post messages and material that are proper and, when
applicable, related to the particular Communication Service. You are also
prohibited from submitting to, posting or transmitting through Mojo Global any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state,
national, or international law. Content that consists of or contains software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam" is prohibited. You may not use a
false email or postal address, impersonate any person or entity, or otherwise
mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that
constitutes part of the content expressed or made available by third parties
are those of the respective authors or distributors and not of Mojo Global
nor its affiliates, not any of their officers, directors, employees, or agents.
You acknowledge that Mojo Global does not pre-screen all content, but
that Mojo Global and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any content that is made
available via the Communication Services. Without limiting the foregoing, Mojo
Global and its designees shall have the right to remove any content
that violates this Agreement or is otherwise objectionable. You specifically
agree that Mojo Global is not responsible for any content sent using
and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of Mojo Global (or
material that other suppliers have licensed to Mojo Global for
their use) which is protected by copyright and other laws respecting
proprietary rights. Mojo Global retains all rights in the material and
media, including (without limitation) all copyright and other proprietary
rights worldwide in all media. You may not use Mojo Global except as
expressly permitted under this Agreement and under U.S. copyright laws. Any
routine and/or systematic redistribution of any portion of the products
licensed herein is expressly prohibited.
End users who are duly authorized may Access Mojo Global for
individual use, i.e., may view the information on screen; may download small
portions of the information to a computer disk for personal convenience and
later reference; and may print paper copies of small portions for personal use
only.
The rights granted here are an expansion of the rights granted under the
Copyright Act and do not include any rights to reproduce in its entirety any
portion of the information or materials contained therein. No part of the
information may be duplicated in any medium or format beyond the express terms
of this Agreement without prior written authorization from Mojo Global.
Any use not authorized by the Agreement is prohibited and is not a fair use
under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained
therein) is highly proprietary in nature and that unauthorized copying,
transfer or use may cause Mojo Global and/or Mojo Global�s
suppliers irreparable injury that cannot be adequately compensated for by means
of monetary damages. You agree that any breach of this provision by you, or any
subscriber or end-user, may be enforced by Mojo Global, and/or any of Mojo
Video Marketing�s suppliers, by means of equitable relief (including, but not
limited to, injunctive relief) in addition to any other available rights and
remedies.
You agree that any supplier of any portion of the licensed materials may
enforce its rights against you, even though that supplier is not a party to the
Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell,
or otherwise access or use any material retrieved from or contained in or on
this Site in any manner whatsoever that may infringe any copyright or
proprietary interest of Mojo Global; distribute the information
contained in and/on this Site to other users not duly authorized to Access the
Site; distribute, rent, sublicense, lease, transfer or assign the information
or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site
or information contained in or on this Site or any software contained therein,
or alter, translate, modify, or adapt it to create derivative works.
Unauthorized reproduction, transfer, and/or use may be a violation of criminal
as well as civil law.
You are expressly prohibited from placing or installing any portion of the
information on any electronic media, including, but not limited to, local or
wide area networks, timesharing services, multiple processing units, multiple
site arrangements, service or software rental bureaus, list servers, online
services, electronic bulletin boards or forums, World Wide Web sites or any
other server that is Internet-enabled, without written authorization by Mojo
Video Marketing.
If you breach any provision of this Agreement, Mojo Global may
immediately terminate this Agreement and all licenses granted hereunder without
prior notice and in addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to
NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are
capable of copying large portions of content from the Site. Mojo Video
Marketing can detect the use of these systems through live logfile analysis and
will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot
guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We
are able to detect robots violating the guidelines and we will ban any
offenders. If you are using a robot/crawler to check Mojo Global
links, it must operate according to the robot guidelines (see above). Do not
leave new robots unattended and allow a minimum of 1 minute between automated
requests.
c. Use any device, software or routine or the like to interfere or attempt to
interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large
load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating
specifically to the Site;
f. Access the Site by any means other than through the interface that is
provided by Mojo Global, or attempt or access any area of the Site to
which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any
source code relating the Site, except to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by Mojo Video
Marketing. While we use commercially reasonable efforts to provide accurate
information, Mojo Global gives no warranty as to the accuracy of the
database and other content on the Site. Mojo Global reserves the right
to withdraw or delete information or content from the Site at any time.
8. Links to Third Party Sites
Mojo Global does not endorse the content on any third-party Web site,
including Web sites of Mojo Global 's affiliates ("Third-Party
Sites"). Mojo Global is not responsible for the content of
Third-Party Sites that you reach through links on the Site, sites framed within
the Site, or third-party advertisements on the Site, and we do not make any
representations regarding their content or accuracy. Your use of Third-Party
Sites is at your own risk and subject to the terms and conditions of use for
such sites. Any transaction that you conduct at a Third-Party site will be
between you and the party providing that Web site. This means that Mojo Video
Marketing is not your agent and is not a party to any transaction at a
Third-Party Site.
9. Representations and Warranties
You represent and warrant to Mojo Global that: (a) you possess the
legal right and ability to enter into this Agreement; (b) all information
submitted by you to the Site is true and accurate; (c) you will be responsible
for all use of your username and password even if such use was conducted
without your authority or permission; (d) you are at least 18 years old; and
(e) you will not use the Site for any purpose that is unlawful or prohibited by
this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE
BY MOJO GLOBAL AND ITS AFFILIATES ARE PROVIDED "AS IS" AND
"WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND MOJO VIDEO
MARKETING AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOJO VIDEO
MARKETING DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a)
AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR
HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO,
FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE
OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED
STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES
CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR
QUALITY.
11. Limitation of Damages
IN NO EVENT WILL MOJO GLOBAL OR ANY OF ITS AFFILIATES BE LIABLE FOR
ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN
IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND
EVEN IF MOJO GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL MOJO GLOBAL OR ANY OF ITS AFFILIATES BE LIABLE
TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT
ACTUALLY RECEIVED BY MOJO GLOBAL FROM YOU FOR ACCESS TO THE SITE AND
ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees and
costs, if we become liable for or incur any damages in connection with your
breach of this Agreement. You may not settle any dispute without our prior consent,
which may only be given in a non-electronic writing signed by an authorized
representative of Mojo Global.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option,
be conducted electronically, including any that we are otherwise required to
provide in "writing". For example, we may send you notices via
postings at the Site or via email to any email address that you provide to us
during registration as a Site member. If you do not wish to deal with us
electronically, you should not use the Site or enter into this Agreement. If
applicable law now or later requires us to communicate with you
non-electronically, we reserve the right to charge a fee for doing so. Notice
will be deemed given 24 hours after the email is sent, unless (for email) we
are notified that the email address is invalid. Alternatively, we may give you
notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any
amendment from time to time) and retain it in your records. You also agree to
make a copy of any other information that we deliver to you in writing.
16. Termination
Mojo Global may terminate your subscription and/or access, or suspend
access to all or part of the Site, without notice, for any conduct that Mojo
Video Marketing, in its sole discretion, believes is in violation of this
Agreement, any applicable law, or any act which is harmful to the interests of
another user, service provider, or Mojo Global. Mojo Global
may also elect not to renew your subscription and access by providing a notice
of nonrenewal prior to the end of your current subscription term. Applicable
sections of this agreement will survive any termination or expiration of this
Agreement.
17. Assignment
You agree not to assign your rights under this Agreement without the consent of
an authorized representative of Mojo Global in a non-electronic
record, and any assignment without Mojo Global�s consent will be
voidable at Mojo Global�s option. This Agreement will inure to the
benefit of and bind the parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Arizona, without
regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate Mojo
Video Marketing and/or its affiliates' intellectual property rights, Mojo Video
Marketing and/or its affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of Arizona, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following location:
Orange County, CA.. Any costs and fees other than attorney fees associated with
the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Orange County, CA., under the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do so.
19. Amendments
Mojo Global may change the provisions of this Agreement. When Mojo
Video Marketing changes the terms of this Agreement, Mojo Global will
notify you by email or online postings on this Site. The changes will also
appear in this document, which you can access any time. You already agreed to
be bound by the changes when you first subscribed to the site. If you do not
agree to be bound by the changes, you should not use the Site again and you
should cancel your subscription to the Site. Even if you have not clicked on
the "I Agree" button or checked the I agree box when subscribing, if
you use the Site after you have been notified of a change to this Agreement,
you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the
entire agreement between the parties for its subject matter and supercedes all
prior and contemporaneous communications between the parties. No term of this
Agreement may be waived by Mojo Global except in a signed,
non-electronic writing signed by an authorized representative of Mojo Video
Marketing.
21. General
If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties agree that its remaining provisions
will remain in full force and effect, provided that the allocation of risks
described herein is given effect to the fullest extent possible. Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You agree that no joint
venture, partnership, employment or agency relationship exists between you and Mojo
Video Marketing or its affiliates as a result of this Agreement or your use of
the Site.
22. Hosted Email Marketing Services.
The following terms and conditions shall apply to Customer�s use of
Company�s hosted email marketing-related services.
22.1 Customer List. Customer shall use a
�double opt-in� subscription method for all new list members. For the purpose
of the
Agreement, a �double opt-in� method shall
mean that when Customer adds a new member's email address to the list, that
email address shall not be activated
unless and until the new member receives a single confirmation e-mail from
Customer
requesting member's consent to be added
to the list and Company receives from the new member a confirmation action
(such as a confirming e-mail from the
new member's email address) approving such action. The confirmation e-mail sent
by
the Customer to new members may not
include advertising or calls-to-action other than an appeal to confirm the
member�s
subscription. Customer may not use the
Services for a one-time mailing to a list of members after which Customer
deletes
substantially all of the membership and
creates a new list. Customer�s membership must be a static, permanent list to
which
Customer adds or deletes new members
and/or members subscribe or unsubscribe themselves in the ordinary course.
22.2 Spamming Prohibited; Truth in
Advertising. Customer may not use the Services to send unsolicited email, whether
it be
commercial or non-commercial and/or
commercial email containing any deceptive, unsubstantiated, or unfair marketing
claim (collectively, "Spam").
Customer�s email will be considered unsolicited if Customer�s membership
addresses are not
100% opt-in by Customer�s members. If
Customer�s email addresses came from harvesting, a purchased email list,
another
mailing list (even with the approval of
the other list owner or Company) or are compiled by any method other than by
direct
subscription from Customer�s members,
for the purposes of this Agreement all messages sent to such addresses will be
considered Spam.. In addition,
Customer�s email will be considered Spam if it: (i) contains one or more
deceptive or
unsubstantiated claims regarding products
or services; and/or (ii) furthers, constitutes or consists of an unfair
business
practice. Customer shall be solely
responsible for the substantiation of any and all claims made in all messages
transmitted
via the Services using Customer�s
account
22.3 Spamming Complaints. If Company
receives complaints that Customer has transmitted and/or continues to transmit
Spam, in addition to any other rights
that Company may have under the Agreement or under applicable law, Company may
at its sole option suspend Customer�s
service pending a reconfirmation of Customer�s entire membership list. This
reconfirmation may be required by
Company in any reasonable manner it determines in its sole judgment including,
without limit, sending a single email to all of Customer�s list members
requesting confirmation of their wish to maintain their
subscription to such list. Members who
do not reconfirm within a reasonable time established by Company may be deleted
from the list in question. Company
agrees to use commercially reasonable efforts to contact Customer�s designated
list
administrator by email or phone before
suspending service. Customer�s consent will be requested before Company
contacts Customer�s list members for the
purposes of reconfirmation, however, if Customer does not consent to such
reconfirmation, Company may terminate
this Agreement effective immediately.
22.4 Company Remedies. If Company
determines in good faith that Customer has transmitted and/or continues to
transmit
Spam, in addition to exercising any other
of its rights under this Agreement and applicable state or federal law, Company
will
issue a one-time warning to Customer�s
primary contact�s email address to cease such activity, after which if Spam
transmission continues: (i) Company may
bring an action in any court of competent jurisdiction to enjoin such activity,
it
being understood that such activity may
cause irreparable harm to Company which may not be fully compensable by
monetary damages, and (ii) Company may
recover from Customer monetary losses caused to Company by such activity in
an amount equal to the greater of (a)
$500 for each such item of unsolicited email that Customer has sent to each
separate
and identifiable e-mail address � which
amount the parties agree is a fair and reasonable estimate of Company�s losses
suffered thereby � or (b) Company�s
actual monetary loss, including but not limited to any damage, loss or expense
(including attorney�s fees) resulting
from any third party claim made against Company as a result of Customer�s conduct
in
violation of this provision. In addition
to the foregoing, Customer shall be responsible for reasonable costs incurred
by
Company in bringing such actions,
including its reasonable attorney�s fees.
22.5 Other Unacceptable Uses.
Additionally, Customer may not use the Services to:
22.5.1
Send email with an invalid "From:" or "Reply-to:"
address. All messages posted to Customer�s list must contain valid
email addresses and Customer must be
responsive to all replies from members of Customer�s list, including
unsubscribe requests. Customer may not
refuse or ignore unsubscribe requests from members of Customer�s list.
22.5.2 Harass, threaten, embarrass or
cause distress, unwanted attention or discomfort to a person or entity.
22.5.3 Post or transmit sexually
explicit images or other content that is deemed by Company to be offensive.
22.5.4 Transmit any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful
content or
content which is racially, ethnically or
otherwise objectionable, or which infringes upon the rights of any third party,
as
determined by Company.
22.5.5 Impersonate any person, including
but not limited to, an official of Company or an information provider, or
communicate under a false name or a name
that Customer are not entitled or authorized to use.
22.5.6 Intentionally or unintentionally
violate any applicable local, state, national or international law, including
but not limited
to any regulations having the force of
law.
22.6 Membership Confirmation. Customer
will use a "double opt-in" (sign-up plus confirmation) subscription
method for all new
list members, as provided in Section 2.1
above. The confirmation email sent to new members may not include advertising
or calls-to-action other than an appeal
to confirm the member�s subscription. Any import of unconfirmed (single opt-in)
members directly into Customer�s list,
or inclusion of advertising or other unsolicited calls-to-action in the
confirmation
message shall be at Customer�s own risk,
and subject to Section 2.2 above.
22.7 Unsubscribing. All list messages
must include the Company unsubscribe instructions in the body or footer of the
message,
so that members can unsubscribe
themselves from the list. List owners must respond to member requests for
manual
removal from the list promptly, but in
no event more than 10 days after the member�s first request. Please do not
discard
email messages from members asking to be
removed from Customer�s list. Even if the user request for removal is
aggressive, unfriendly or otherwise
rude, Customer should nonetheless make every attempt to help the user
unsubscribe
from Customer�s list and to resolve the
situation.
Refund Policy and
Guarantee
Mojo Global has a 72 hour refund policy. All refund requests must be submitted in writing. Any request for a refund after 72 hours of initial purchase will not be eligible for a refund. There are no refunds once you download software provided by Mojo Video Marketing LLC even if you are within the 72 hour refund period. You may transfer your purchase to a different person for a $200 change fee.
Guarantee
Mojo Global issues no guarantee on any of it's products. In order for you to have success with program, software, or course you have purchased from Mojo Global, you must take action on Mojo's recommendations and use the programs and information as instructed, and Mojo will not be held liable for customers inability to implement software, systems, and information provided.
Privacy Policy
OUR PRIVACY POLICY
Mojo Video Marketing, LLC ("Mojo Video Marketing") is committed to
protecting the privacy of our online visitors. We collect information from
online visitors who ask to be on our newsletter mailing list and/or receive
periodic email announcements. Anyone who wishes can choose to be removed from
our mailing list at any time.
In addition, online visitors who wish to purchase a membership through our Web
site must provide their name, email address, mailing address, phone number, and
credit card number and expiration date. All credit card transactions occur over
a secure connection.
All online visitor data collected by Mojo Global is protected against
unauthorized access. We will not sell, trade, or give your personal information
to other companies or organizations.
Children�s Privacy
We do not knowingly collect personal information from children under the age of
13. If we learn that we have personal information on a child under the age of
13, we will delete that information from our systems. Mojo Global
encourages parents to go online with their kids. Here are a few tips to help
make a child's online experience safer:
Teach kids never to give personal information, unless supervised by a parent or
responsible adult. Includes name, address, phone, school, etc.
Know the sites your kids are visiting and which sites are appropriate.
Look for Web site privacy policies. Know how your child's information is
treated.
Check out the FTC's site for more tips on protecting
children's privacy online.
Contacting Us.
We can be reached by contacting:
Mojo Global
Email: [email protected]
Affiliate Program Terms
and Conditions
Affiliate Policy Agreement
Welcome to the Mojo Global Affiliate Agreement
("Agreement"). This Agreement sets forth the terms and conditions
under which Mojo Video Marketing, LLC (�Mojo Video Marketing�) makes the Mojo Global Affiliate ProgramTM ("Affiliate Program") available to
you. By becoming a Mojo Global Affiliate and using the Affiliate
Program you expressly agree to be bound by and follow all terms and conditions
set forth in this Agreement. If you do not agree to be bound by this Agreement,
your sole recourse is not to participate in the Affiliate Program.
Mojo Global reserves the right to add, delete and/or modify any of the
terms and conditions contained in this Agreement, at any time and in its sole
discretion, by posting a change notice or a new agreement on the Mojo Video
Marketing Web Site. In the event of substantive changes to the terms of this
Agreement, you may be notified by email. If any modification is unacceptable to
you, your only recourse is to terminate this Agreement and your participation
in the Affiliate Program. Your continued participation in the Affiliate Program
following posting of a change notice or new agreement on the Mojo Video
Marketing Web Site will constitute binding acceptance of the changes.
1 General Rules
1.1 The Mojo Global
Terms of Service and the Mojo Global Privacy Policy are incorporated
herein by this reference. As an Affiliate you will continue to be bound by the Mojo Global Terms of Service and the Mojo Global Privacy Policy.
For purposes of clarity, the Affiliate Program is deemed part of the " Mojo Global Services," and all initially-capitalized terms not defined
in this Agreement shall have the meaning set forth for such term in the Terms
of Service and/or the Privacy Policy. In the event of an inconsistency between
this Agreement and the Mojo Global Terms of Service this Agreement
shall control.
1.2 Anti-spam and general coolness policy
* Under no circumstances use SPAM techniques to
promote this product.
* Absolutely NO EMAIL SPAM - emails lists MUST be Opt-in -
no exceptions.
* Absolutely NO Twitter Spam - use BEST PRACTICES when using
twitter to promote
* Absolutely NO Facebook Spam - same goes here. In Fact, NO
SPAM AT ALL in any Social Media, Social Networking, or Social Bookmarking
Sites.
* You will include Affiliate Disclaimers, as per the FTC
Advertising Guidelines
* Do not send JUNK, or UNQUALIFIED TRAFFIC to the marketing
content or Mojo Global offer. (i.e., if they can't afford the offer,
don't shove it down their throats)
* Be transparent and authentic - We will treat your visitors
with massive respect and give them value during this campaign.
* Keep ALL internal promotional information confidential -
if you leak info, you're OUT.
2 Becoming a Mojo
Video Marketing Affiliate
2.1 Eligibility. Mojo Video
Marketing will only knowingly provide the Affiliate Program to parties that can
lawfully enter into and form contracts under applicable law.
2.2 Opening an Account. To
become an Affiliate and have the right to participate in the Affiliate Program,
you must enroll in the Affiliate Program by opening an Affiliate account
("Account") with Mojo Global through its online registration
process.
2.3 Contact Information. You
must provide Mojo Global with accurate and complete contact and
payment information when you open an Account. You must immediately notify Mojo Global if any of your contact or payment information changes. If you
do not provide Mojo Global with complete, accurate, and updated
contact information, you may not be eligible to receive commissions based on
your participation in the Affiliate Program.
2.4 Account Security. You will
be assigned a password if you open an Account. You will be solely and
exclusively responsible for keeping your password confidential and all use of
your password and Account, including, without limitation, any use by any third
party. You must notify Mojo Global immediately if you believe your
password has been or may be obtained or used by any unauthorized person or
entity. In addition, you must notify Mojo Global immediately if you
become aware of any other breach or attempted breach of the security of your
Account or the Mojo Global Service. You can change your password at
any time from inside your Account.
3 Your Obligations
3.1 You must use the Affiliate
Program in a manner that demonstrates common sense and respect for the rights
of Mojo Global and third parties. You must comply with all of the
guidelines set forth in this document.
3.2 Special Links. As a member
of the Affiliate Program, Mojo Global will provide you with special
"tagged" link formats ("Special Link(s)") to be used in
linking to the Mojo Global Web Site. The Special Links will permit
tracking, reporting, and commission calculations. You must ensure that each of
these links properly utilize the Special Link formats. You will only earn
commissions on activities occurring on the Mojo Global Web Site if
such activity was originated from properly formatted Special Links. Mojo Video
Marketing will not be liable to you for any failure by you to use Special
Links, including to the extent that such failure may result in any reduction of
amounts, which may otherwise be paid to you pursuant to this Agreement.
3.3 Use of Special Links. Mojo
Video Marketing will provide you with the Special Links and graphical artwork
to use in linking to the Mojo Global Web Site. You must use the
Special Links in accordance with the terms and conditions in this Agreement and
the Affiliate Guidelines.
4 Customers
Purchasing Via the Affiliate Program.
4.1 Order Processing and
Reporting. Mojo Global will process all product orders placed by
customers who follow Special Links to the Mojo Global Web Site
("Customers"). Mojo Global reserves the right to reject
orders that do not comply with any requirements that Mojo Global has
and may periodically establish. Mojo Global will be responsible for
all aspects of order processing and fulfillment. Among other things, Mojo Video
Marketing will prepare order forms, process payments and handle customer
service. Mojo Global will track sales made to Customers who purchase
products using Special Links from your web site to the Mojo Global Web
Site and will make available to you reports summarizing sales activity. Mojo Global will use commercially reasonable efforts to present accurate
information in the reports, but Mojo Global cannot guarantee the
accuracy of the reports.
4.2 Customers. Customers who
buy products through the Affiliate Program will be deemed to be customers of Mojo Global. Accordingly, all of the Mojo Global rules, policies,
and operating procedures concerning customer orders, customer service and
product sales will apply to those Customers. Mojo Global may change
the Mojo Global policies and operating procedures at any time. Product
prices and availability may vary from time to time, and such price changes may
affect products that you already have listed on your web site. Mojo Global will use commercially reasonable efforts to present accurate
information, but Mojo Global cannot guarantee the availability or
price of any particular product.
4.3 You are not eligible for any commissions for purchasing Mojo
Video Marketing through your own Special Link.
5 Affiliate
Commissions and Reporting.
5.1 Affiliate Commissions. Mojo
Video Marketing will pay you commissions in accordance with this Agreement and
the Affiliate Commission Schedule ("Commissions"). The Affiliate
Commission Schedule is incorporated herein by this reference. Mojo Video
Marketing Affiliates can earn commissions on the following types of
transactions:
5.2 Mojo Global will
pay you a commission on qualifying sales originating from Special Links on your
web site or web space in accordance with the then current Affiliate Commission
Schedule (link). These commissions are only payable after they are final and
beyond any applicable refund period.
6 Payment of
Commissions.
6.1 Tax Information. In order
to receive your Commissions you must provide your taxpayer information to Mojo
Video Marketing as required by the IRS. If Mojo Global does not have
your current taxpayer information on file for a particular year, payments due
to you under this Agreement will not be made until December 31st of such year,
and all of such payments will be subject to a 30% backup withholding which will
be submitted to the IRS.
6.2 Payment Terms. Mojo Video
Marketing will pay you Commissions on a monthly basis. 31 days after the
Guarantee period expires, payment will be issued via PayPal Mass Pay to the
affiliate, less a 15% hold-back. Future payments will be made to affiliates every
30 days thereafter, starting on the 15th of every subsequent month. After 60
days, the hold-back will be released and paid to affiliates, less any charges
against that account.
6.3 Processing Fees. If Mojo
Video Marketing owes you accrued Commissions that are less than $50.00 for at
least 365 days, then Mojo Global may send you payment of such accrued
Commissions minus a $5 processing fee. If the amount of accrued Commissions is
under $5 for at least 365 days, such amount will be used to cover Mojo Video
Marketing's administrative costs and no payment will be made to you.
6.4 Charitable Contribution.
Unless you and Mojo Global otherwise agree in writing, Mojo Video
Marketing may remit any payment otherwise due to you as a contribution in your
name to a 501(c)(3) charitable nonprofit organization of Mojo Global 's
choice (or any charity agreed upon in writing by you and Mojo Global)
if: (i) you fail to provide Mojo Global with accurate and complete
contact information; and (ii) the funds remain outstanding for more than 12
months. If Mojo Global makes such a contribution, its obligation to
you shall be reduced by the amount of that contribution.
6.5 Termination Fees. If you or
Mojo Global terminate your Account, and you have less than $50 in
accrued but unpaid Commissions then outstanding, Mojo Global may
charge you a $5 processing fee when sending you your final payment to cover its
administrative costs.
7 Identifying
Yourself As An Affiliate.
7.1 Mojo Global
encourages (but does not require) you to include a Special Link on your web
site to the Mojo Global home page at http://www. MojoGlobal.com.
7.2 All other Communications.
You must always portray yourself as having an affiliate relationship with Mojo Global and never more than that.
8 Limited Licenses.
8.1 Mojo Global
License to You of Logo and Links. Mojo Global grants you a limited
nonexclusive, nontransferable, revocable right to use the graphic images and
text provided to you by Mojo Global, for use on your web site or web
space, solely for the purpose of identifying your web site or web space as an
Affiliate Program participant and to assist in generating Commissions. In
addition, Mojo Global grants you a limited, nontransferable,
nonexclusive, worldwide right to reproduce and use all graphic images and other
materials provided to you, solely for the purpose of creating Special Links
connecting your web site or web space to the Mojo Global Web Site and
promoting the sale of products on the Mojo Global Web Site. Mojo Global may revoke your license at any time by giving you written notice. Mojo
Video Marketing reserves all of its rights in the graphic images, text, any
other images, Mojo Global trade names and trademarks, and all other
intellectual property rights. Any and all rights in and to Mojo Global 's
intellectual property shall inure to the benefit of Mojo Global.
9 Indemnification.
9.1 As you are bound by the
Terms of Service in using the Affiliate Program, you must indemnify, defend and
hold Mojo Global harmless for any claim arising out of, relating to,
or connected with your alleged breach of the Terms of Service in using the
Affiliate Program. You must also indemnify, defend, and hold Mojo Video
Marketing harmless based on any claim alleging facts that, if true, would
constitute a breach of this Agreement. You also agree that covered claims under
this indemnity obligation shall include, without limitation (a) any claim that Mojo
Video Marketing's use of any images provided via your web site or web space
infringes on any trademark, trade name, service mark, copyright, license,
intellectual property, or other proprietary right of any third party; and/or
(b)any claim related to your web site, including, without limitation, content
therein not attributable to Mojo Global. Mojo Global may
withhold any Commissions that it owes you if you have to indemnify Mojo Video
Marketing.
10 Term and Termination.
10.1 Term. The term of this Agreement will begin upon Mojo
Video Marketing's acceptance of your Affiliate Program application and will end
when terminated by either party.
10.2 Mojo Global Termination. In its sole
discretion, with or without notice to you, Mojo Global may terminate
your participation in the Affiliate Program and terminate your Account. If Mojo
Video Marketing determines, in its sole discretion, that you are abusing the
system, the Mojo Global Service and/or the Mojo Global
Affiliate Program, Mojo Global may (without limiting any other rights
or remedies available to it) withdraw your participation and withhold any
Commissions payable to you.
10.3 Your Termination. You may terminate your Account
for any reason at any time by notifying Mojo Global by emailing [email protected].
10.4 Effect of Termination. You can only earn
Commissions during the term of the Agreement, and Commissions earned through
the date of termination will remain payable only if the related orders are not
canceled or returned. Mojo Global may withhold your final payment for
a reasonable time to ensure that the correct amount is paid. Upon the
termination of this Agreement for any reason, you will immediately cease use
of, and remove from your web site, all links to the Mojo Global Web
Site, product images from the Mojo Global database, all Mojo Video
Marketing trademarks, trade dress and logos, all Special Links, and all other
materials provided by or on behalf of Mojo Global to you pursuant
hereto or in connection with the Affiliate Program.
Become a Mojo Global Affiliate
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