These Policies and Procedures govern the way Affiliates
conduct business with OurGV Inc., other Affiliates, Customers, and
the general public. This document, in conjunction with the OurGV Inc.
Affiliate Application, the OurGV Inc. Compensation Plan, and the OurGV
Inc. Refund Policy, comprise the complete Contract between you and
OurGV Inc. Failure to comply with the provisions of these documents
may result in termination of Affiliate or Customer status and forfeit
your rights to receive compensation of any type. OurGV Inc. reserves
the right to modify or amend these Policies and Procedures, the Compensation
Plan, the Refund Policy and the Affiliate Application at any time.
Any changes or modifications shall automatically become part of your
Contract with us. Each document contains a version date and Affiliates
are responsible for being in compliance with the most recent version
of each document.
1. The Company.
OurGV Inc., also hereinafter referred to as the "Company," is an
e-commerce website hosting, online shopping, offline rewards, small business
success coaching & training, and small business support, and non-profit
support company providing affiliate based reseller opportunities for businesses,
non-profits, and individuals. OurGV Inc. develops, innovates, brings to market,
and refers products, services, and training programs both online and offline
for small businesses, affiliates, and customers. OurGV Inc. operates web sites
under the names OurGV.com, A2Success.com, ourgvinc.com, ourgvmall.com, OurGV.org,
with more in development stages.
2. Definitions.
Affiliate - An individual, partnership, corporation
or other legally recognized entity that has completed an OurGV Inc.
Affiliate Agreement, and selected an OurGV Inc. website hosting package.
An Affiliate is essentially an independent business of its own reselling
OurGV Inc. products & services for either a one-time or ongoing
share of the revenue. Individuals are considered independent contractors.
Business Volume (BV) - Business Volume is used, to
calculate how Affiliate Websites earn bonuses. Customers and Affiliates
making purchases through Merchant Partners (see below) at the OurGV
Inc. Online Shopping Mall or thru the OurGV offline rewards program
generate Business Volume. See the OurGV Affiliate Compensation Plan
for details.
Cash Rebates - Cash paid to a Customer, Affiliate,
or an OurGV approved Non-Profit for purchases of products or services
from the OurGV Inc. Mall and/or offline shopping rewards Merchant Partners.
Compensation Plan - OurGV Inc.'s Affiliate Compensation
Plan, which governs the payments of cash rebates, bonuses, and profit
sharing from the Company to Affiliates, Customers, and Non-Profits.
The Compensation Plan is proprietary to OurGV Inc. and may be used
and disclosed only in the course of OurGV Inc. business. Any unauthorized
use or disclosure is strictly prohibited.
Contract - The agreement between an Affiliate or
Customer and OurGV Inc. comprised of these Policies and Procedures,
the OurGV Inc. Affiliate Application, the OurGV Inc. Affiliate Compensation
Plan and the OurGV Inc. Refund Policy.
Customer - An individual, partnership, corporation,
non-profit, or other legally recognized entity that purchases products
or services through the OurGV Inc. Mall or offline rewards program
from a Merchant Partner, but who is not also an Affiliate.
Merchant Partner - A third-party vendor that provides
products or services to the OurGV Inc. Mall and/or offline shopping
rewards program through a link from the OurGV Inc. Mall to the Vendor's
Store or directly at the store itself utilizing the OurGV Offline Rewards
Program.
Non-Profit BV's - These BV's are handled and treated differently for
purposes of compensation. OurGV Affiliates must be "Certified" in order
to be eligible for compensation on these BV's. For specific details
refer to the OurGV Compensation Plan.
Merchant BV's - These BV's are handled and treated differently for
purposes of compensation. OurGV Affiliates must be "Certified" in
order to be eligible for compensation on these BV's. For specific details
refer to the OurGV Compensation Plan.
Website Package - OurGV Inc. affiliates and customers
have several different website packages to choose from. Each package
provides different immediate & ongoing benefits. As OurGV Inc.
affiliates develop their own online and rewards businesses other benefits
become available based on the productivity of their website, and the
length of time they have been either actively shopping or building
an affiliate business.
3. Becoming an OurGV Inc. Affiliate
To become an Affiliate, you must must complete and submit an OurGV.com Affiliate
Application through an OurGV Inc. affiliate web site. An Affiliate has been
accepted once the Company has received their completed Affiliate Agreement.
Monthly hosting fees must be paid in order to maintain affiliate status (unless
a free website package was selected). The Company reserves the right to accept
or reject, at its sole discretion, any individual or business entity as an
Affiliate.
When a completed Affiliate Application is submitted through the web
site, the Company will assign a Website Identification Number. This
number provides the Affiliate with access to the OurGV Inc. web center
and shopping mall. The Tax Identification Number provided on the Affiliate
Application shall be used for identification of the Affiliate with
respect to the appropriate taxing authorities. For a corporation or
partnership, the Affiliate Application must also include the name and
information of a primary individual that is authorized to conduct business
for the corporation or partnership.
4. Restrictions on Becoming an Affiliate
An applicant must be at least 18 years of age, or at least the age of legal
contractual capacity in the jurisdiction of which they are a resident.
The spouse of an existing Affiliate is considered a part of the same
existing Affiliate business and may not apply for a separate identification
number. In the case of two existing Associates marrying, the Company
will not cause the Affiliates to abandon any of their businesses. Both
the husband and wife will be allowed to keep his and her existing business.
Upon divorce or legal separation of Affiliates, OurGV Inc. shall be
notified in appropriate legal form regarding the disposition of the
relevant business.
5. Transfer/Assignment of an Affiliate Business.
An Affiliate may not sell, assign or transfer his or her business without written
application and subsequent approval by OurGV Inc. All offers and signatures
pertaining to the sale of a business must be notarized. An Affiliate who
sells his or her business shall not be eligible to rejoin as an OurGV Inc.
Affiliate for a period of six months without special approval. OurGV Inc.
reserves the right to disapprove any sale.
6. Death or Incapacity.
Upon the death or incapacitation of an Affiliate, OurGV Inc. shall be notified
in appropriate legal form regarding the disposition of the business. All
Affiliate's rights, compensation and responsibilities shall pass to the Affiliate's
heirs upon written notification and approval of OurGV Inc.
7. Initial Purchase Requirement. (Not Applicable)
No purchase of any kind is required to be a Customer or Affiliate with OurGV
Inc. Any and all purchases are made at the sole discretion of the Customer
or Affiliate.
Affiliates choosing to purchase an OurGV Inc. paid website such as
the Preferred Customer, Preferred Affiliate, Premier Business Website,
or the Premier PLUS Deluxe Rewards Program , understand
these are different website and business options available to enhance
the
revenue
sharing
opportunities
as well as increase the number of tools and resources available to
build a successful affiliate business.
8. Refund Policies.
All purchases of products or services made by Customers and Affiliates through
the OurGV Inc. Mall are made between the Customer or Affiliate and the OurGV
Inc. Mall Merchant Partner. The refund or exchange policies are determined
at the sole discretion of the Merchant Partner from which the product or
service is purchased. OurGV Inc. and the OurGV Inc. Mall are not responsible
for any aspect of a transaction between a Customer or Affiliate and a Merchant
Partner through their Mall Store, other than to pay Cash Rebates earned by
Customers and Affiliates according to the schedule located at the OurGV Inc.
online Shopping Mall.
The refund policy for the purchase of any of OurGV Inc.'s Website
Packages or monthly hosting autoships is as follows:
All setup fees are considered to
be non-refundable. The
unused portion of the month someone requests to cancel their website
hosting will be refunded. In order to account for the occasional unforseen
circumstance, OurGV Inc. has the following standard in place, however
consideration for this will be strictly
on a case by case basis: ONLY WITHIN 14 days from date of
purchase = 100% of purchase price minus 10% for processing, paperwork, and
technical support to restructure
your website 15+ days from date of purchase = No Refunds except for the
unused hosting during the month a cancellation is requested. Refunds must
be requested in writing by postal mail or fax
to OurGV Inc, any inquiry needs to be initiated through customer service email
and telephone.
Please
allow up to
21 business days to process and refund requests that are accepted. The OurGV
Inc. Fax Number is 888-639-4954.
A2S Advanced Training Fees are Non-Refundable: Any website package purchased
that included an A2S Advanced Training will have the appropriate amount equal
to the A2S Advanced Training deducted from any refund.
Effect of Refunds on Bonuses, Revenues, Profit-Sharing, Etc. : When
a Customer or Affiliate requests a refund of a product or service through
the Merchant Partner it was purchased from, OurGV Inc. will reduce
sales amounts accordingly for all websites who earned any income from
the transaction for the appropriate month and amount of refund in order
to properly reduce any Bonuses, Rebates, Profit-Sharing, or other revenue
paid. Any special bonuses such as the Benjamin Bonus or the $5,000
bonus will be forfeit in the event of refunds.
In the rare event that a Customer or Affiliate is scheduled to be
paid or has already been paid as a result of sales for which a refund
is made for any reason, OurGV Inc. reserves the right to adjust any
unmailed bonus check, adjust current sales volumes, or require the
Customer or Affiliate to repay bonuses already paid to him/her on those
products or services which were refunded.
9. Referring Affiliate Website Standards.
Changing referring Affiliates is not allowed. The only possible exception will
be in the case where unethical or unprofessional methods were employed and
OurGV Inc. is forced to remedy the situation.
It is possible at some point that more than one individual may contact
the same potential new Customer or Affiliate resulting in a dispute
over referral rights. OurGV Inc. will not mediate such disputes and
will recognize the Affiliate Website that first registered the aforementioned
customer or affiliate as the official referring website.
Affiliates must perform bonafide support duties in order to maintain
their referral status over any customers, affiliates, non-profits,
and/or website partners personally referred. Lack of support and communication
is grounds for suspension and loss of personal referral status. Any
personal referrals lost due to suspension automatically roll to OurGV
Inc. to decide the best possible placement for ongoing support. If
OurGV Affiliates above the personally referring affiliate have been
working directly with the team of the suspended affiliate they will
be first in line to receive the personal referral status themselves.
This is solely up to the discretion of OurGV Inc. to determine who
should receive the suspended affiliate's referrals.
10. Territories.
OurGV Inc. does not recognize any exclusive territories. Therefore, Affiliates
are not restricted from conducting business anywhere in the countries in
which OurGV Inc. operates.
11. Conditions of the OurGV Affiliate Compensation Plan
OurGV Inc.'s Affiliate Compensation Plan can be found on our Internet site
at www.OurGV.com and is deemed part of these Policies and Procedures. Certain
rules and regulations relating to the application and administration of the
Compensation Plan are noted below.
a) So that we may verify information needed to pay rebates and bonuses,
all OurGV Inc. Affiliates must provide OurGV Inc. with a valid postal
address. If a Customer or Affiliate fails to provide the necessary
information, we will make every reasonable effort to obtain the information.
If, however, we are unable to obtain the information, and thus are
unable to pay any accrued rebates and bonuses, all such payments will
be considered forfeited by the Customer or Affiliate one-year after
our first request for the information.
b) OurGV Inc. and our Merchant Partners set bonuses, negotiated commissions,
profit sharing and rebate percentages. OurGV Inc. and the Merchant
Partners reserve the right to modify these bonuses, negotiated commissions,
profit sharing, and rebates at any time for any reason.
c) Bonuses, negotiated commissions, profit sharing, and rebate percentages
are based solely on the BV's of the product or service, not
including shipping, tax, and gift-wrapping, etc.
d) OurGV Inc. reserves the right to modify or change the OurGV Affiliate
Compensation Plan at any time without prior notification.
e) OurGV Inc. reviews the entire organizational structure of Customers
and Affiliates as of the close of business each Sunday at Midnight
Eastern Standard Time (EST). Orders that have verified confirmation
of payment received are included in the bonus cycle. Bonus checks for
website package, business tool, monthly hosting, and training sales,
for the selling website and that websites referring website are mailed
two weeks later for any amounts greater than $20 (USD). If a Customer
or Affiliate has not reached that amount at the end of a pay period,
the account balance carries forward to the next end of the month profit-sharing
period. Cash rebate checks for shopping are mailed out around the 25th
of the month following the month when said rebates were earned for
amounts greater than $20. All
checks processed will have a $1 fee deducted to help cover the administrative,
postage,
banking, and package costs of checks. As of 12/10/2006 the
minimum Check required to
receive a check will be reduced to $10 for any given
pay period. The balance of checks that are less than $10 for any given
pay period
will be carried forward until $10 is earned at such time the check
will be paid out. This is effective as of 12/10/2006, checks
prior to this date that were less than $1.25 were donated to charity.
f) Affiliates who are not residents of the United States are required
to determine, and by application to become an OurGV Inc. Affiliate
do certify to the Company, that participation in the OurGV Affiliate
Compensation Plan, in accordance with these Polices and Procedures
and the OurGV Affiliate Compensation Plan itself, including receipt
of bonuses under the OurGV Affiliate Compensation Plan, is lawful in
the jurisdiction(s) where the Affiliate resides, is domiciled, or conducts
business.
g) To ensure bonuses and rebates are earned and credited correctly,
OurGV Inc. Customers and Affiliates must place all orders online via
the OurGV Inc. Mall web site. In addition, for orders placed through
certain Merchant Partners, Customers and Affiliates may also be required
to forward the order confirmation to Rewards@OurGV.com. Requirements
for each Merchant Partner are posted at OurGV Inc. Mall prior to making
the connection to that Partner through the OurGV Inc. Mall.
h) For Paid Affiliate Websites, Monthly
hosting fees must be paid in order to keep a spot in the OurGV
Inc. Worldwide
Profit-Sharing
System. For websites not required
to pay a monthly hosting fee, a certain level of activity is required.
Failure to meet these minimum activity requirements, will result
in
being moved to a lower spot in the profit-sharing system and possible
deletion. It is the Sole Responsibility of the
Affiliate to make sure OurGV Inc. has current payment information on
file. In
the event that an OurGV Affiliate's monthly hosting declines they only
have until
the last regular business day of the calendar month to fix it,
or they may lose their spot in the OurGV Profit-Sharing System.
OurGV Inc. is not responsible for any banking, credit card, or
other unforseen issues that may cause an Affiliate's hosting fees
to not remain current. Make sure that OurGV has a current email
address and phone number on file. Free Affiliate, Free Customer,
and Preferred Customer Websites must have at least 1 BV of activity
each month or their website can be deleted. (Special Note: Free Affiliates
lose their spot in the Profit-Sharing System if not upgraded by Sunday
Midnight P.S.T.)
i) Due to U.S. Taxation Laws, we will be unable to send ANY compensation
to affiliates, customers, non-profit organizations, or merchants without
having received proper tax identification. We will hold funds for a
MAXIMUM of 30 days after which if poper identification i.e. social
security number or E.I.N. is not received all compensation will be
forfeit.
j) OurGV Affiliates must provide real support to any personally referred
websites or risk losing them. Lack of support, abandonment, lack of
communication, etc. can result in suspension of OurGV Affiliate Status,
and/or permanent loss of personally referred customers, affiliates,
non-profits, and website partners. Personally referred status reverts
to OurGV Inc. who will determine the best possible replacement. If
the referring line of the suspended OurGV Affiliate has been ACTIVELY supporting
the team of the suspended OurGV Affiliate they will be the first to
be considered to receive the personal referrals, however this is
not guaranteed, and is based solely on the decision of OurGV Inc. Examples
of a lack of support include but are not limited to not responding
to emails or phone calls. Not actively participating in the development
of an OurGV business. OurGV Inc. will always consider special cases,
and of course an OurGV Affiliate can petition for "Retirement" in which
case active support will no longer be a requirement, this is subject
to approval by OurGV Inc. The lack of providing adequate support to
personally
referred customers, affiliates, non-profits, and website partners results
in forfeiture of any and all earnings, past, present, and future related
to these personal referrals.
k) It should be duly noted that all referred affiliates have a responsibility
to act in a professional, positive, and courteous manner. Negative
actions, comments, remarks, etc. will not be tolerated. This type of
behavior documented would overrule the responsibilities listed in item
j) above.
l) The OurGV Profit-Sharing System involves a large number of variables
on a monthly basis. It is also requires an incredibly complex useage
of higher math functions to sort out the thousands of different merchant
commissions, tens of thousands and growing affiliates, dozens and growing
countries, and fluctuating profitability of the company. Therefore
no specific monetary claims are made by the company, and should not
be
made by
any OurGV
Affiliate.
The necessary algorithms developed to handle this incredible program
are considered to be proprietary, and as such are 100% confidential.
12. Income Representations.
Affiliates shall not make any false or misleading statements about their own
or any other Affiliate's income. All OurGV Inc. Affiliates are strictly prohibited
from making any income claims.
The OurGV Inc. Business is a performance-based business that rewards
people in direct proportion to their effort. The bigger the financial
goal, the more time and effort an OurGV Business Affiliate will need
to put into his or her business. With an OurGV Inc. Business, one can
work as much or little as he or she likes. The rewards are based directly
on the actual production of your website. Even though one can benefit
from the OurGV Profit-Sharing system, in almost all cases it will still
require individual effort to become successful.
13. Expenses, Licensing and Contractual Obligations.
All Affiliates are independent contractors and are responsible for any and
all expenses and liabilities that result from operating their business. These
expenses include, but are not limited to, licenses required to operate a
business, legal costs and fees, telephone expenses, advertising, travel,
etc. Associates have no authority to enter into contracts or otherwise incur
obligations on behalf of OurGV Inc.
Affiliates are strictly independent marketers and resellers of OurGV
Website Hosting, OurGV Online Shopping, OurGV Business Tools, OurGV
A2Success Training & Coaching, Miscellaneous other OurGV current
and future products & services, and the OurGV Offline Rewards Program,
and are not purchasers of a franchise or a distributorship. The Contract
between OurGV Inc. and an Affiliate does not create an employer/employee
relationship, agency, partnership or joint venture between the Company
and the Affiliate. The Affiliate has no authority to bind OurGV Inc.
to any obligation. Each Affiliate shall indemnify and hold blameless
OurGV Inc. from any claims, damages, or liabilities arising out of
the Affiliate's activity.
14. Limitation of Liability.
In no event shall OurGV Inc. be liable for lost profits or any special, incidental
or consequential damages arising out of or in connection with the Contract.
OurGV Inc. is not liable for lost profits due to failure of Affiliates to
follow the published procedures for obtaining bonuses, rebates, profit-sharing,
and maintaining their spot in the OurGV Worldwide Profit-Sharing System.
15. Ethics.
Affiliates must comply with all federal, state/provincial and municipal laws
regarding the Affiliate's business and must not engage in any unlawful or
illegal trade practices or business activity. Affiliates shall conduct their
business in a manner that reflects the highest standards of honesty, integrity
and responsibility towards Customers, other Affiliates, OurGV Inc. and the
general public. OurGV Inc. recognizes its reputation and public image to
be a major asset and will guard against unacceptable behavior by those Affiliates
who step beyond the boundaries of good business ethics. OurGV Inc. will intercede
to correct unethical activity on the part of any Affiliate. Verified unethical
activities will be justifiable cause for termination of their affiliate business.
16. New Customer or Affiliate Referral.
All presentations of OurGV Inc.'s Affiliate Compensation Plan shall be conducted
in conformity with information contained in official Company literature or
from OurGV Inc.'s web site, specifically www.ourgv.com.
17. Prices and Product Availability.
Prices for products & services offered by OurGV Inc. are completely within
the control and discretion of OurGV Inc. Prices for products offered by our
Merchant Partners at the OurGV Inc. Mall or in the OurGV Offline Rewards Program
are completely within the control and discretion of our Merchant Partners.
All product details may be changed at any time. We will update product information
and prices on our web site when appropriate. You may not display product prices
on your web site without express written permission. OurGV Inc. and the Merchant
Partners will display all prices on products available at the OurGV Inc. web
site, the OurGV Inc. Mall web site or on their sites. OurGV Inc. cannot guarantee
availability of all products for sale or shipment, and the Company will endeavor
to note any limitations on availability on the OurGV Inc. online Mall web site.
18. Warranty.
For specific warranty information please refer to the appropriate Merchant
Partner's refund and warranty policy. The purchase of a product or service
is a transaction between the Merchant Partner and the Customer or Affiliate
and therefore no warranty of such products or services by OurGV Inc. is expressed
or implied.
19. Regulatory Approval.
No Affiliate shall state or imply that the promotion, operation or organization
of OurGV Inc. has been approved, sanctioned, or endorsed by any regulatory
authority. OurGV Inc. is a current member in good standing with the Better
Business Bureau (BBB) Online and the Better Business Bureau of San Antonio,
Texas.
20. Website Cancellation.
Due to the power of the OurGV Profit-Sharing System, Affiliates must send written
and signed notification by postal mail, ideally notarized, to
OurGV Inc. at P.O. Box 29554 San Antonio, TX 78229. Under special circumstances
we will accept a Fax with signature if a legible copy of a Driver's License
or other form of government approved identification to verify signature is
included. OurGV Inc. reserves the right to suspend any affiliate website
for violations of
its
policies
and
procedures and/or unethical behavior. Upon cancellation,
the Affiliate
forfeits any unpaid bonuses and rebates.
21. Termination.
OurGV Inc. may elect in its sole discretion to terminate an Affiliate for just
cause at any time. Review OurGV Inc.'s Enforcement Procedures for more details
regarding termination. Events which may cause the Company to terminate an
Affiliate include but are not limited to:
a. Breach of the Contract as amended or modified from time to time.
b. Making unauthorized claims or misrepresentations or discrediting OurGV Inc.
c. Producing unauthorized promotional materials.
d. Fraudulent or other illicit and illegal activities with regard to the OurGV
Inc. business.
e. Making negative and/or disparaging remarks or comments about OurGV Inc.,
it's websites, affiliates, or officers.
f. Failure to adhere to the OurGV Code of Ethics.
Termination of an Affiliate terminates any and all rights to bonuses,
rebates, referral dollars, or any other incentives, and will be effective
upon notification of termination to the offending Affiliate by OurGV
Inc. The Company reserves the right to negotiate terms other than termination
for violation of these Policies and Procedures.
22. Taxes on Products and Services.
Federal, state/province, county, and local governments levy sales taxes. Where
sales taxes are applicable, the referred Merchant Partner collects those
taxes from the Customer or Affiliate when the product or service is ordered.
23. Income Taxes.
OurGV Inc. does not deduct any taxes from the payments it sends to Affiliates.
On or before established dates of each year, OurGV Inc. provides the Affiliate
and the appropriate governmental agency a form that reflects the total paid
to the Affiliate by OurGV Inc. during the previous year. However, due to
international laws, taxes may be deducted by OurGV Inc. from foreign earnings
and submitted to domestic governments in accordance with such regulations.
All forms, correspondence, checks, etc., will be mailed to your most current
address on file. It is the Affiliate's responsibility to inform OurGV Inc.
in a timely manner of any change of mailing address. Failure to keep your
mailing address current with OurGV Inc. may result in forfeiture of rebates,
bonuses, or other compensation.
24. Waiver.
No waiver by OurGV Inc. of any right under the Contract shall constitute a
waiver of any other or further right. Any waiver by OurGV Inc. must be in
writing and signed by an officer of OurGV Inc.
25. Use of Company Name.
The Company name, trademark and logos can only be used if written consent is
obtained from OurGV Inc. This written consent must come directly from OurGV
Inc. and have received corporate approval.
26. Advertising.
All advertising, copy, direct mailing, radio, television, newspaper, Internet
and display copy must be approved by OurGV Inc. before being disseminated
or published. Affiliates may not represent OurGV Inc. in the media without
the express written consent of OurGV Inc. All media inquiries are to be referred
immediately to OurGV Inc.
27. Proprietary Rights.
OurGV Inc. reserves ownership rights including without limitation all copyrights
and trademarks to the contents of all Company-produced materials including
but not limited to literature and information contained on OurGV Inc.'s Internet
web sites. Any unauthorized
use or reproduction by any means is strictly prohibited.
28. Confidentiality.
OurGV Inc. may supply Affiliates product information, data processing information,
and other reports containing information concerning an Affiliates organization,
bonuses, and product sales. All information regarding the identity of purchasers,
the products purchased by such purchasers, the sales amounts generated by
purchasers, the identity of Customers and Affiliates in the sales organization
of any Affiliate, and the amount of sales and bonuses generated by other
Affiliates in such organization belong solely to OurGV Inc., are proprietary
and confidential, constitute trade secrets of, and may not be used by or
disclosed to any person or entity other than the intended recipient of the
report or reports from OurGV Inc. Any reports and information furnished to
Affiliates by OurGV Inc. may be used only by Affiliates for the purpose of
promoting sales of the products and services offered by OurGV Inc. and/or
the Merchant Partners and may not be used in connection with any other business
or activity, or to compete with OurGV Inc. directly or indirectly, or in
any manner that would be considered unlawful.
29. Prerecorded Telephone Solicitation.
The use of Company names or materials may not be made with automatic calling
devices to solicit Customers or Affiliates.
30. Mass E-Mail or Spamming.
Sending mass e-mail or spamming is strictly prohibited. This includes sending
multiple copies of any unwanted or unrequested e-mail, even if executed through
newsgroups, purchased mailing lists, or third-person distributors. If an
Affiliate in any way participates in the act of spamming, that Affiliate
will receive a warning via e-mail. If the Affiliate fails to respond within
24 hours with an agreement to cease sending such e-mails, the Affiliate will
be immediately suspended facing possible termination, all Affiliate bonuses
and rebates will be withheld, and the Affiliate web site and any other Affiliate
benefits will be revoked. If an Affiliate replies with an agreement to cease
sending mass e-mails but continues to do so, the above penalties will be
invoked immediately and without further warning, and termination will be
a possible consequence.
31. Partial Invalidity.
Should any portion of the Contract, or any other instruments referred herein
or issued by OurGV Inc. be declared invalid by a court of competent jurisdiction,
the balance of such instruments shall remain in full force and effect.
32. Compliance.
It is mandatory that all Polices and Procedures must be complied with. These
regulations have been established to protect the rights of OurGV Inc., the
Affiliate, and the Affiliates Customers. Infractions are considered very
serious and will be addressed accordingly.
33. Monthly Web Hosting Fees.
Website packages that require a monthly hosting fee, must make
sure their hosting fees are current. It is the Affiliate's responsibility
to keep their payment information current. At the end of each calendar month
any websites that have zero BV's and/or issues with their monthly hosting
will be rolled down to the bottom of the OurGV Profit-Sharing System. 30
days without paying, may result in suspension of the website, followed by
termination
and potential deletion
from the OurGV Profit-Sharing System.
34. Jurisdiction.
This Agreement shall be governed by the laws of the State of Texas and any
claims or disputes between the parties to this Agreement shall be brought
in Bexar County Court, in San Antonio, Texas, or in the U.S. District Court
in San Antonio, Texas.
