Membership Agreement
IMPORTANT Terms, Conditions and Privacy Policy of DesktopDollars.com
AGE RESTRICTIONS:
YOU MUST BE 13 YEARS OF AGE OR OLDER TO BE ELIGIBLE FOR A MEMBERSHIP AT
DESKTOPDOLLARS.COM.
PLEASE READ THE ENTIRE AGREEMENT BELOW, INCLUDING OUR PRIVACY POLICY, BEFORE
PROCEEDING.
This Membership Agreement ("Agreement") between you ("You"
or "Member") and DesktopDollars, Inc., a Delaware corporation, and its
affiliated entities (collectively referred to herein as "DesktopDollars.com"
or "We" or "DesktopDollars"), sets out the terms of your
membership in DesktopDollars.com. Affiliated entities shall mean any company or
other legal entity directly or indirectly owned by, controlled by or under
common control with DesktopDollars.com, Inc.
By clicking on the "Join" button and participating in any program
offered by DesktopDollars (the "Service"), including, but not limited
to, downloading the ProfitZONE software ("Software") to view
advertisements, you agree to be bound by all the terms of this Membership
Agreement including the privacy statement.
A. Your Privacy is Safe at DesktopDollars.com.
DesktopDollars is committed to protecting your privacy. We use the information
we collect about you only within the DesktopDollars Community to maintain your
membership profile.
About the Information We Collect:
This notice applies to all information collected or submitted within the
DesktopDollars program.
On some pages, you can register for the DesktopDollars program. Here is what
kind of personal information we collect on these pages:
Email Address
First Name
Last Name
Birthday
Birthyear
Gender
Address
City
State
Country
Zip/Postal Code
On some pages, you can submit information about other people. For example, you
may tell us you have been referred by someone else to the DesktopDollars program
by entering the referrer's email address. Also, you provide two email addresses
of your friends during registration. These email addresses are not added to any
email list nor are they redistributed in any way. The only thing they receive is
one short email from you telling them about DesktopDollars. It is a way to help
you start your referral network.
Once you accrue $250 in your account for the ProfitZONE™ Service, we will
contact you to request additional information including, for example, the Social
Security number of our U.S. Members. We will only use this additional
information for legitimate purposes related to complying with applicable tax
laws.
Why We Collect the Information We Do.
When you use some of the features of DesktopDollars, we need to know your name,
e-mail address, and mailing address. Once we collect this information, it is
only used within the DesktopDollars community and no individually identifiable
information is distributed to third parties.
We also request demographic information, such as your gender and age so that we
can offer products and services we believe will benefit you. Once we collect
this information, no individually identifiable data will be distributed to third
parties.
We use non-identifying and aggregate information to better design our website
and to share it with advertisers. For example, we may tell an advertiser that X
number of individuals visited a certain area on our website, or that Y number of
men and Z number of women filled out our registration form, but we would not
disclose anything that could be used to identify those individuals.
Cookies
When you visit DesktopDollars, we place a text file called a "cookie"
in the browser directory of your computer's hard drive. The cookie enables the
site to recognize the personal information you have consented to give the site.
As a result, we are able to identify you when you return to the site so you can
change your account information, and use other services that we offer without
having to re-enter your information. A cookie is a small piece of information
that a website can store on your web browser and later retrieve. The cookie
cannot be read by any website other than the one that set up the cookie. We do
NOT use cookies to examine your surfing behavior before or after leaving our
website.
Cookies are harmless
Cookies are small strings of text, and nothing more. They aren't capable of
doing anything malicious to your computer.
The DesktopDollars Program.
When someone joins DesktopDollars after being referred to the program by a
current member, the new member's name and email address is posted in a members
only database.
Security/Confidentiality
DesktopDollars, Inc. does not provide individually identifiable information to
third parties except as noted under “Limits of Confidentiality”.
DesktopDollars, Inc. uses proprietary technologies to preserve the anonymity of
members while matching their interests with targeted information sent via email.
DesktopDollars, Inc. will under no circumstance reveal any member’s identity
to marketers. It is solely at a DesktopDollars member’s discretion if he or
she chooses to provide personally identifiable information to a marketer by
making a purchase, requesting additional information, or communicating directly
with the company or organization after visiting its web site.
Limits of Confidentiality
Due to the existing legal regulatory and security environment, we may be forced
to disclose individually identifiable information to third parties. We will use
our best efforts to limit disclosure only under these circumstances where
necessary by contract, legal process, or the technical operation of the service.
Review/Modify/Terminate Membership
DesktopDollars members may choose at any time to review, modify or permanently
remove all contact and interest information stored by DesktopDollars by
accessing their account directly at http://www.desktopdollars.com/account.asp.
Once removed from the network, a past member will no longer receive any
communications from DesktopDollars. DesktopDollars will never sell, rent, or
otherwise use the contact information of former members.
Thank You For Your Trust.
We hope that you enjoy the features of DesktopDollars. Some of these features
require that we collect some information about you. However, that information is
not disclosed to third parties. We value your trust and we are committed to your
privacy. If you have any questions about this privacy statement, DesktopDollars
practices, or feel that your privacy has been compromised, please contact us at privacy@desktopdollars.com.
B. Updates to This Agreement.
This Agreement may be modified by DesktopDollars.com from time to time, with or
without notice. Member accepts any modification by using the Service after the
modifications have become effective. If the Member objects to any modification,
the Member’s sole remedy is termination of the Member’s account using the
“Cancel Account” feature on the DesktopDollars.com web site.
DesktopDollars.com will post any modification and its effective date on
DesktopDollars.com Web site, http://www.desktopdollars.com/legal.asp
C. Membership Requirements
1. To maintain a Membership with DesktopDollars.com, You must meet the following
requirements and DesktopDollars.com reserves the right to terminate the
Membership of anyone who fails to meet these requirements on an ongoing basis:
a) Age Requirements. By applying for Membership in DesktopDollars.com, You
hereby represent to DesktopDollars.com that you are 13 years or older and meet
the following additional age requirements:
b) If You between the ages of 13 and 18, You may become a DesktopDollars.com
Member but You will be required to obtain the permission of Your parent or legal
guardian before You can receive compensation for your participation in the
Service. See our Parental Consent Page to find out how your parent can provide
consent.
2. You hereby represent to DesktopDollars.com that You are complying with all of
your local, state, province, country or regional legal restrictions that may be
applicable to your membership in DesktopDollars.com
3. You must be a person (not a company) and may only sign up once and maintain
one Membership. Only one individual per account. Only one account per e-mail
address. Only one account per individual. Any duplicate accounts are subject to
cancellation with forfeiture of all earnings and referrals held in such accounts.
No transfer of any earnings or referrals between accounts or to any third party,
earnings and referrals cannot be transferred by Member upon death, as part of a
domestic relations matter or otherwise by operation of law.
4. You must provide DesktopDollars.com with valid contact and residence
information and may not impersonate or misrepresent Your identity.
DesktopDollars.com reserves its rights under the laws to terminate your account,
and associated membership, containing untruthful information for which You are
responsible; DesktopDollars.com may request from time to time that you update
the information on your online registration. DesktopDollars.com may terminate
your membership and close your account if you fail to update your information
upon request from DesktopDollars.com.
5. Your user name, password, and account are personal to You and are not
transferable; You may not allow anyone else to use Your password or account; You
may not use anyone else's password or account or act to accrue earnings for
anyone else’s account; You are responsible for keeping Your password secret;
DesktopDollars.com is not liable for any loss or damages caused by any
disclosure of your password or account; You may only create an account for
yourself and may not establish an account on behalf of anyone else.
6. You may cancel Your Membership by using the "Cancel Account"
feature on the DesktopDollars web site. If you decide to cancel Your membership
and later wish to re-enroll, You will be assigned a new account, and You will
not receive further credit for referrals made using Your previous account.
7. To the full extent allowed by applicable law, DesktopDollars.com at its sole
discretion and for any or no reason may refuse to accept applications for
membership and may terminate any Members without prior notice for good cause,
particularly including, but not limited to:
(a) any violation of any provision of this Membership Agreement;
(b) aiding in or promoting circumvention of the Service;
(c) acting against the business interests or reputation of DesktopDollars.com;
(d) otherwise acting in a severely or substantially unlawful manner in
relationship to DesktopDollars.com, the DesktopDollars.com Web site or the
Service;
(e) material breach of our spamming policy; or
(f) any other reason at the discretion of DesktopDollars.com;
8. If your account is terminated by DesktopDollars.com, You may not re-enroll or
join under a new account unless formally invited to do so by DesktopDollars.com.
9. DesktopDollars.com may terminate a Member’s account if no activity has
occurred in such account for six (6) consecutive months. Any accrued earnings in
such account shall be forfeited.
D. Your relationship to DesktopDollars.com
Your relationship to DesktopDollars.com is one of an independent contractor
and/or customer. No employee-employer relationship is created by Your use of the
Service. You do not have any obligation to refer new members to the
DesktopDollars.com. Program. DesktopDollars.com HAS NO OBLIGATION TO OFFER THE
SERVICE OR OTHER PROMOTIONS TO YOU.
E. Using The ProfitZONE Software.
Use of the ProfitZONE is subject to the terms and conditions of a software
license agreement which the user must accept before installing.
DesktopDollars.com reserves the right and privilege to remove any member at any
time from the DesktopDollars membership without prior or written notification.
F. The Referral Program.
1. As a Member of DesktopDollars.com, You may refer other people to the
DesktopDollars.com membership program (“Your Referrals”). If You and Your
Referrals become participants in the Service (subject to the discretion of
DesktopDollars.com, You will be able to receive earnings for the activities of
Your Referrals and some activities of members referred by Your Referrals
according to the terms of this Agreement. DesktopDollars.com has no obligation
to give You earnings for the activities of Your Referrals prior to the time that
You qualify and elect to join the Service and begin to actively use our
software.
2. Members may not use Spam to Obtain Referrals. You may not use unsolicited
email, usenet, message board postings, or similar methods of mass messaging (“spam”)
to gather referrals. (Usenet and message board spam are messages sent or posted
which are unrelated to the topic of discussion of the particular news group or
message board.) The use of spam to promote the DesktopDollars.com service has
strict negative consequences. Not only may DesktopDollars.com terminate the
Membership of any Member who in DesktopDollars.com’s reasonable opinion has
used unsolicited email to gain referrals (a “Spammer”). In addition, You may
be subject to state and federal penalties and other legal consequences under
applicable law if You send unsolicited email. Our Anti-Spam Policy provides more
details and is incorporated into this Agreement.
3. Marketing Claims. You agree not to make any misrepresentations to any of Your
Referrals or potential Referrals with respect to compensation typically received
by DesktopDollars.com. Members or with respect to compensation that potential
members are likely to receive, and to fully comply with all applicable laws
related to multi-level marketing programs.
G. Your Relationship with Advertisers.
Your individual relationship with merchants or advertisers found on the Site,
including payment for and delivery of related goods or services, entry into and
operation of promotions, discounts or contests, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
You and such merchant or advertiser You agree not to hold DesktopDollars.com
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the content provided by such merchants or
advertisers through the Service (unless it clearly appears to be our own content).
I. Disclaimer by DesktopDollars.com
1. DesktopDollars.com is not responsible for Members’ inability to connect to
the Internet or reach the Web site of DesktopDollars.com.
2. DesktopDollars.com is not responsible for changes to or discontinuance of any
offer or promotion by any advertiser or any withdrawal of any such offer.
3. DesktopDollars.com will not be liable for any damages suffered by the Member
as a result of any instructions from the Member’s e-mail account using the
Member’s password and the Member will indemnify and hold DesktopDollars.com
harmless from any and all claims, losses, damages, costs and expenses incurred
by or asserted or awarded to DesktopDollars.com arising out of the use of the
Member’s e-mail account and password by any individual.
4. DesktopDollars.com will use all reasonable efforts to handle data collected
by the company through its operations in compliance with DesktopDollars.com’s
privacy policy, however, with any disclosure requirements imposed by law.
5. DesktopDollars.com does not warrant that its Web site is free from viruses or
other destructive materials and that DesktopDollars.com shall not be liable for
any damage to the Member’s hardware or software as a result of the Member’s
participation in the program.
6. The cumulative liability of DesktopDollars.com to a Member for any loss or
damage from any cause whatsoever with respect to all claims under this Agreement
shall not under any circumstances exceed U.S. one hundred dollars ($100). In no
event shall DesktopDollars.com be liable under any theory of tort, contract,
strict liability or other legal or equitable theory for any lost profit,
exemplary, punitive or consequential damages, each of which is hereby excluded
by agreement of the Member and DesktopDollars.com regardless of whether or not
DesktopDollars.com has been advised of the possibility of such damages.
J. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE ADVERTISEMENT SERVICE (“THE SERVICE”)
AND SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY
APPLICABLE LAW, DESKTOPDOLLARS.COM EXPRESSLY DISCLAIMS ALL CONDITIONS AND
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DESKTOPDOLLARS.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE.
K. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER DESKTOPDOLLARS.COM NOR
ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS,
LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE
SERVICE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL DESKTOPDOLLARS.COM’S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER
THIS AGREEMENT EXCEED U.S. ONE HUNDRED DOLLARS ($100). If you are dissatisfied
with the DesktopDollars.com Service or promotions available through the Service,
Your sole and exclusive remedy is to cancel your membership in
DesktopDollars.com.
L. Force Majeure
DesktopDollars.com. will not be in default or otherwise liable for any delay or
failure in its performance under this Agreement where such delay or failure
arises by reason of an Act of God, or any government or governmental body, acts
of war, the elements, strikes or labor disputes, power or system failures,
failure of the Internet, computer hacking, or other causes beyond the control of
DesktopDollars.com.
M. Governing Law
Any action related to this Membership Agreement will be governed by the law of
the state of Florida, U.S.A., excluding (1) principles of conflicts of laws, and
(2) the United Nations Convention on Contracts for the International Sale of
Goods, if applicable. Any action relating to this Membership Agreement shall be
brought in the state or federal courts located in Fort Lauderdale, and You
hereby submit to the exclusive jurisdiction and venue thereof. You agree to
comply with the laws of Florida and the United States that apply to the use of
this Service. If the law of Your country, state, or province of residence
prohibits or limits Your participation in this Service, then You are responsible
for complying with such laws and you agree to indemnify DesktopDollars.com
against any breach by You.
If any part of this Membership Agreement is held to be unenforceable, the
unenforceable part shall be given effect to the greatest extent possible and the
remainder will remain in full force and effect. This Membership Agreement is
personal to You and You may not transfer, delegate, or assign this Membership
Agreement, your referral network, your DesktopDollars.com account or other
benefits you receive as an DesktopDollars.com Member to anyone. Any attempt by
You to assign or delegate this Membership Agreement shall be null and void.
DesktopDollars.com may assigns this Agreement at its sole discretion.
This Membership Agreement constitutes the entire agreement between You and
DesktopDollars.com in connection with general membership in DesktopDollars.com
and supersedes all prior agreements between the parties regarding the subject
matter contained herein.
N. Contacting Us
If You have questions about this Membership Agreement, please contact info@desktopdollars.com