Monday, August 27, 2007

MARKETING CONSULTANT AGREEMENT PARTICIPATION IN THE CLUBFREEDOM.COM HOME BASED BUSINESS IS TOTALLY OPTIONAL

MARKETING CONSULTANT AGREEMENT PARTICIPATION IN THE CLUBFREEDOM.COM HOME BASED BUSINESS IS TOTALLY OPTIONAL

Applicant, when accepted, is called "Marketing Consultant।" Marketing Consultant represents and warrants that Marketing Consultant understands the marketing program and the compensation plan and is not relying on any representation or promise that is not contained in this Agreement or other official Company material be it print media, video/audio media or any other form of advertisement/ promotion. http://www.clubfreedom.biz/dollarsforum, http://www.getawayclub.net/dollarsforum

PROMISES BY MARKETING CONSULTANT:- Clubfreedom।biz makes the promises contained in this Agreement and in other official Company material and no Marketing Consultant is authorized to make any other promises to a prospective Associate. If Applicant relies on any promises made by an Marketing Consultant trying to convince him or her to join their sales team that are not in this Agreement and/or official Company material, and that Senior Marketing Consultant fails to keep any such promise, the Applicant shall only have recourse against such Senior Marketing Consultant and not the Company. However, in such an event, Applicant is encouraged to file a complaint with the Company. Upon receipt of such a complaint, the Company will conduct such investigations as it deems necessary and, upon validation of such a complaint, impose appropriate penalties on the offending Marketing Consultant. Such action however will not result in any recovery of damages by the Applicant, which the Applicant is free to seek against the offending Associate, not the Company.

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MARKETING CONSULTANT RIGHTS AND RESPONSIBILITIES: By applying to participate in the Clubfreedom.biz while you engaged in Club Freedom Marketing Program, the user is also entitled to earn commission by promoting it to others, provided he/she understands and agrees to the Marketing Consultant’s agreement. Marketing Consultant understands that Marketing Consultant will be bound by the terms hereof and that Marketing Consultant will be entitled to participate as an Marketing Consultant, upon acceptance of a valid application by Clubfreedom.biz , with a Business mode in our marketing plan. After promoting Clubfreedom.biz to two people, Marketing Consultant will be eligible to collect commissions on all levels of the Business Center. Marketing Consultant understands that to earn commissions in the Program, Marketing Consultant is responsible for generating business for his/her self and Clubfreedom.biz. To do this, Marketing Consultant, will build his or her team to market wholesales access package and will contact prospects by phone and in person and attend local training meetings of Clubfreedom.biz representatives. Marketing Consultant is responsible for training those referred by Marketing Consultant and teaching them how to train their team. Marketing Consultant understands that participation in the Program does not affect the Clubfreedom.biz price or any other product or service price. Only those who purchase Clubfreedom wholesale access package shall get a Clubfreedom.biz membership.

INDEPENDENT CHANNEL PARTNER: Marketing Consultant agrees that Marketing Consultant is an independent channel partner, called a "Marketing Consultant," and will have no authority to bind the Company to any obligations. The relationship between Marketing Consultant and Clubfreedom.biz is established only by this Agreement and Marketing Consultant is not an agent, employee or any other legal representative of Clubfreedom.biz or its service providers. Marketing Consultant is solely responsible for all self-employment taxes and any federal, state, local or other taxes that may be due as a result of consultant's business activities. Marketing Consultant agrees to abide by any national, federal, state, provincial, county or local laws, rules and regulations pertaining to this Agreement. At Associate's own expense, Marketing Consultant will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement.

POLICY/RATE CHANGES: Marketing Consultant agrees that Clubfreedom.biz may, from time to time with a general notice, change the marketing program, rates, prices and charges, or this agreement to be applicable to all Marketing Consultants. If Marketing Consultant chooses to remain in the program, Marketing Consultant agrees to abide by those changes. Any such notice shall be deemed to have been given and received as of the day after such notice is posted on marketing consultant's Clubfreedom.biz web site and/or the day the change is put on the Company's Conference Call, sent by e-blast, disseminated via Mail or other mode of mass communication. It is consultant's responsibility to stay abreast of developments communicated in this fashion.

Cross nomination: Marketing Consultant understands that cross nomination, cross selling and cross line jumping is prohibited in Clubfreedom.biz and may result in the imposition of penalty, as more fully set forth hereafter, but may include immediate termination of this Agreement. "Cross sponsoring" means soliciting Marketing Consultant or any closely related person or entity into a team different from the existing team for that Marketing Consultant. "Cross selling" means soliciting a Marketing Consultant, except personally sponsored Marketing Consultants, or a closely related person. "Cross line jumping" means a Marketing Consultant or any closely related person or entity voluntarily taking a Business Center that is not in the same team as the one in which the Marketing Consultant first was enrolled. A "closely related person or entity" is any person in the household of the Marketing Consultant (e.g. spouse, son, daughter, parent living in the same household) or any corporation, partnership, limited liability Company, trust or other legal entity, which is controlled by the Associate.

Filing Complaints: If a Marketing Consultant desires to file a complaint against another Marketing Consultant for violation of this Agreement, please send an e-mail to US to get the procedures for doing so.

Confidentiality Agreement: Marketing Consultant understands that the Clubfreedom.biz marketing plan, his or her Matrix, Marketing Consultant lists and official literature are proprietary information and are considered trade secrets of Clubfreedom.biz. Marketing Consultant hereby agrees to not directly or indirectly disclose or use any of said confidential or proprietary information except to specifically promote Consultant’s independent clubfreedom.biz business in accordance with the provisions of this Agreement. Marketing Consultant further agrees that this provision shall survive the expiration or termination of this Agreement for a period of one year.

Multiple -purchases: Clubfreedom.biz earn while Club Freedom Marketing Program intends to top class, quality travel experience to its users. You can purchase business centers into programs as many times as you want, to improvise skills in the field of all what is being taught in the program. If you have more than one business center benefiting from the program, we advise you treat each business center as a separate entity in the business program and shall not be treated as one group identity.

Wrongful multiple enrollment in program: The Company does not encourage the purchase of more than one whole sale access package in order to participate in the Program, the compensation plan or even to maximize potential compensation. Any Marketing Consultant who advises potential Marketing Consultants otherwise is in violation of this Agreement and subject to penalty as set forth herein. Purchasing more than seven "Club Freedom Marketing Programs” by a customer requires prior approval by Company. Failure of the referring Marketing Consultant to obtain such prior approval is evidence of the violation of this provision.

Income Representation: Marketing Consultant understands that although Marketing Consultant may promote other Marketing Consultants into the clubfreedom.biz, the Program does not allow Marketing Consultant to profit solely from the activity of promoting other Marketing Consultants. Commissions are paid only on actual “Club Freedom Marketing Programs" and other wholesale access Package Sales which were promoted by Marketing Consultant or by other Marketing Consultants that fall into Marketing Consultant’s team. No one has made any promise or guarantee that Marketing Consultant will derive any specific income or profit as a Consultant. Marketing Consultant understands that any income Marketing Consultant earns in clubfreedom.biz is determined by consultant's personal activity as an independent channel Partner. Marketing Consultant understands that “Club Freedom Marketing Programs" and other product Education Package Sales commissions shall be paid only to the qualified "selling" Marketing Consultant and to his or her team and his or her senior Consultant. Marketing Consultant shall not make any income representations except those set forth herein or otherwise specifically set forth in official clubfreedom.biz material. Marketing Consultant also understands that the cycle payments as displayed in the site, is only an indicative of your earnings. Your cycle earnings shall fluctuate, over a period of time, within a frame $625-$542. All other promotional campaigns are only a supplementary income, and can be cancelled at any time without any prior notification to the user.

Trademarks and marketing materials: Marketing Consultant will not use the clubfreedom.biz trade names and/or trademarks except to promote the clubfreedom.biz business. In all such authorized use, Marketing Consultant will make clear that Marketing Consultant is an Independent Distributor Marketing Consultant and the advertising is the Marketing Consultant's and not the Company's. Sales of marketing materials by clubfreedom.biz are not commissionable. Clubfreedom.biz makes no warranty, express or implied, with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stated in writing in connection with the purchase thereof.

Sale of business node: In order to maintain the integrity of the Company's sales organization, if Marketing Consultant desires to sell a Business Node, the Marketing Consultant must first offer it for sale in writing to the Marketing Consultant immediate up-line from the Business Center to be sold। If the up-line Marketing Consultant declines to purchase the Business Node, the selling Marketing Consultant is then free to sell the Business Center to someone else, on the same terms and conditions as was offered to the up-line Associate. All such sales require the completion of a Transfer Form and payment of a transfer fee and must be approved by the Company. Sale of a corporation or other legal entity, which owns a Business Node, is hereby deemed to be the sale of the Business Node and is subject to the provisions above stated.

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Inheritability: The clubfreedom.biz Program/Business Node, like any other business or asset a Marketing Consultant may have, is fully transferable in accordance with the terms of a Will, or, in the absence of a Will, it passes to heirs pursuant to the applicable interstate succession laws. For those Marketing Consultants whose clubfreedom.biz Business Nodes is/are owned by a corporation (or some other type of legal entity), there would be no change in the ownership of the Business Node upon the death of an owner of that corporation, etc. Ownership of the corporation would change by passing to the heirs, but the corporation would continue to own the clubfreedom.biz Business Node. Information from Marketing Consultants : All registration information provided by a Marketing Consultant to clubfreedom.biz must be accurate and complete. Marketing Consultant must update and correct registration information if it changes. Freedom club holidays Pvt. Ltd. will bear no responsibility for any loss (moral, physical or financial or legal or any other kind of loss) caused by entering wrong information into registration form/ misrepresentation by Marketing Consultants or any other person.

Billing Fees: Marketing Consultant shall prepay fees for the clubfreedom.biz “Club Freedom membership", which are non-refundable three days after date of purchase. Marketing Consultant shall not receive refunds for sites removed due to violation of this agreement or any other agreement applicable to its use. Marketing Consultant agrees to maintain Consultant's account with clubfreedom.biz, if any, in accordance with this Agreement and current rates and prices quoted. If User's account balance is paid late, User will pay Rs.600/- late charge should the payments are not received within 15 days from date of enrollment. It is required that should you realize that your payments might be late than 15 days, you email to the Sales Department, notifying the reason for delay, and mode/particular of payment, if you have already dispatched. For all your correspondence with the company, please use your valid reference id number. User agrees to pay Rs.500 fee for returned cheque charge and the Company's customary fee for other services such as transfer fees, etc. clubfreedom.biz shall have the right to disconnect service for non-payment of billing charges. However, all rights pertaining to accepting late payments are held by the company. The Company on its sole discretion may accept or reject anyone's application for the program.http://www.clubfreedom.biz/dollarsforum, http://www.getawayclub.net/dollarsforum

Security:Each Marketing Consultant must keep any clubfreedom.biz passwords and other secure access information confidential and notify clubfreedom.biz promptly if the Marketing Consultant believes that the security of an account has been compromised. Clubfreedom.biz has taken reasonable steps to protect the security of online transactions. However, clubfreedom.biz cannot and does not warrant such security and will not be liable for any losses or damages resulting from any security breaches. Spam/Misuse of System: Marketing Consultant shall not engage in spamming in order to promote the Associate's business. "Spam" includes

(a) mass mailings akin to junk-mail, either to news groups or electronic mail or unsolicited commercial and/or informational email, including, without limitation, commercial advertising and informational announcements, sent to people not known personally, unless the recipients have expressly asked to receive email announcing programs of this type,

(b) mass or bulk (20 or more recipients) emails of any kind, unless the recipients have expressly asked to receive email pertaining to programs of this type, and

(c) a newsgroup article, or essentially the same article with small changes, posted an unacceptably high number of times to one or more newsgroups, (Content is irrelevant।) or Usenet, chat room or message board postings that are unrelated to the topic of discussion of the particular news group, chat room or message board. "Spam" does not include responding to any message received by sending a message (even though not related to the received message) by use of the "Reply to All" or similar e-mail feature. "Spam" does not mean "ads." It doesn't mean, "abuse." It doesn't mean, "posts whose subject I object to." Sites may not contain or transmit any file or software with a virus or other contaminating or destructive features. No Marketing Consultant may in any manner interfere with the content of other sites or the system. Sites may not use excess system resources or otherwise, in Clubfreedom.biz sole judgment, use resources in a manner that damages its system.Unsolicited Ads by Fax:Marketing Consultant shall not send unsolicited advertisements for the clubfreedom.biz program or otherwise solicit related business by fax in violation of the local Authority Rules. http://www.clubfreedom.biz/dollarsforum, http://www.getawayclub.net/dollarsforum

Responsibility for Marketing Consultant Web: Materials included on web sites may include inaccuracies, errors, or out-and-out untruths. Clubfreedom.biz has no liability or responsibility for any content, including the quality, accuracy, completeness, legality, or usefulness of any information, product, service or process promoted on Marketing Consultant web sites. In no event shall clubfreedom.biz be liable for any claims or damages of any kind arising from the contents of associate's website. References in Associate's site to products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise do not constitute or imply an endorsement or recommendation by Clubfreedom.biz Product and service information is the sole responsibility of each individual site owner/user. Marketing Consultants are solely responsible for compliance with laws governing the offering, sale, licensing, or other marketing and taxation of any products. On occasion, clubfreedom.biz will undergo routine maintenance or experience unexpected technical problems. clubfreedom.biz will make a good-faith effort to do maintenance as quickly and conveniently as possible, and to respond to technical problems promptly. Clubfreedom.biz may be required to access an Associate's web site from time to time to provide maintenance. clubfreedom.biz will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by Marketing Consultants ; or temporary or permanent loss of data.

Indemnity: Marketing Consultant indemnifies and holds clubfreedom.biz and Freedom Club Holidays Pvt. Ltd. harmless against all claims made by any third party, and any related damages and expenses (including reasonable attorney's fees), arising out of or connected with the Marketing Consultant’s conduct, the associate's website or online store, the goods or service the Marketing Consultant offers, or any violation of this agreement by associate.

Limitation of Liability: Clubfreedom.biz makes no warranties, express or implied, related to the “Club Freedom Marketing Programs", products or services supplied there under or, including but not limited to warranties of merchantability and fitness for a particular purpose. clubfreedom.biz will not be liable to any Marketing Consultant for indirect, incidental, special or consequential damages, such as (but not limited to) loss of profits or business interruption, arising out of or connected to the use of, or inability to use, the " Club Freedom Marketing Programs", related services, products or marketing materials provided to any Associate. The total liability of clubfreedom.biz for any and all damages arising from or connected with this Agreement, the "Club Freedom Marketing Program" or the services, products or marketing materials provided to any Marketing Consultant shall not exceed the total fees paid by the Marketing Consultant to clubfreedom.biz during the 12-month period immediately preceding the initial occurrence of the event causing the damages.

Voluntary Resignation: Marketing Consultant may voluntarily terminate this Agreement by sending written notice at any time for any reason. If Marketing Consultant terminates this Agreement that Marketing Consultant shall not be allowed to become Marketing Consultant again for a period of six (6) months. If Marketing Consultant re-joins on-line in violation of this policy then that Marketing Consultant shall be terminated and Marketing Consultant shall not be allowed to earn any commissions from the new position.

Imposition of Penalty: If Marketing Consultant breaches any of the provisions of this Agreement, violates any applicable law or regulation or engages in any false, misleading or unfair trade practice, including but not limited to, making misleading income representations or making promises to potential Marketing Consultants that can not be kept by marketing consultant, (herein called "Violation") any such Violation is grounds for the imposition of penalty, as more fully set forth hereafter. The Company may suspend Associate, including suspension of checks earned at the time, pending investigation of any alleged Violation. Marketing Consultant shall be given notice of the alleged Violation by e-mail, fax or other rapid method of communication and shall have seven days thereafter to respond in writing (verbal response will not be considered) to any alleged Violation (s), failing which, the Company can consider the allegations to be true. (It is Associate's responsibility to see that Company receives the response, with supporting documentation, if any, within the seven-day period.) If at the end of the investigation it is determined that Marketing Consultant is to be penalized, the date of the imposition of the penalty can be, at the Company's option,

1) the date of the penalty notice,

2) the date of the notice of the alleged Violation,

3) the date on which suspension, if any, occurred, or

4) any other current date।

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Incomes suspended and/or earned, if any, as of the date of a termination, shall not be paid. Any such payments not paid shall be deemed to be liquidated damages as payment of part of the damages suffered by Company for the Violation. Marketing Consultant can request that any decision to impose a penalty be reviewed and supply any additional material that may bear on the matter in support thereof within seven days after notice of the penalty is given. Company shall then advise Marketing Consultant of its final decision.The Company shall have the option of imposing any one or more of the following penalties for Violations:

Disabling of business node of Associate; Denial or revocation of any achievement awards otherwise earned;Denial of sales credit for sales that fall into the team of a cross-sponsored Associate;Denial of credit for sales of multiple web sites due to falsely representing need for them;Imposition of a fine in an amount to be determined by the Company;and/or Termination of the Associate's Agreement। http://www.clubfreedom.biz/dollarsforum, http://www.getawayclub.net/dollarsforum

Jurisdiction/Venue: This Agreement shall be construed and enforced in accordance with the laws of the State of Karnataka without reference legal principles that would cause the law of another jurisdiction to be applied. Causes of action between the parties hereto of any type, whether based on this Agreement, on fraud or any other tort, or grounded in principles of strict liability or statutes of any kind, shall be heard exclusively in a court of competent jurisdiction in Karnataka, INDIA, each party hereby submitting to the jurisdiction of such courts and expressly waiving the right to bring suit in all other courts. In any cause of action the winner shall be entitled to recovery of all court approved attorney fees, court costs and other costs of the action.

Official Languages/Definitions: The English version of this Agreement, as maintained by clubfreedom।biz is the official version and shall control over any other language version(s) which may be made available for ease of reference for some Marketing Consultants. As used in the clubfreedom.biz materials, when the term, "sell/ enroll" and words of similar import are used to describe the enrollment/ sales activities of Marketing Consultant, this is an abbreviated reference to the promotional activities of Marketing Consultant with respect to sales and it is understood that all sales are between the Company and the purchaser, not between the Marketing Consultant and the purchaser. Likewise, when the term, "recruit" and words of similar import are used to describe the referral and recruiting activities of marketing consultant, this is an abbreviated reference to the team building activities of Marketing Consultant and it is understood that the agreement by which one becomes an Marketing Consultant is between the Company and the recruited Marketing Consultant and not between the new Marketing Consultant and the referring Marketing Consultant. http://www.clubfreedom.biz/dollarsforum, http://www.getawayclub.net/dollarsforum

Incorporation of Agreements: If Marketing Consultant has enrolled in an " Club Freedom Marketing Program", the User Agreement and Acceptable Use Policy are incorporated herein as if fully set forth. Entire Agreement: This Agreement constitutes the entire agreement between the parties on the subject matter hereof, and no other additional promises, representations, guarantees or agreements of any kind shall be valid concerning such subject matter unless in writing and signed by an authorized officer of clubfreedom.biz .

Responsibility:The clubfreedom।biz is not responsible for the acts of its Marketing Consultants under any circumstances for their wrongful and illegal activities. Applicant Acknowledgement: Marketing Consultant acknowledges that Marketing Consultant has read understands and agrees to the terms set forth in this Agreement. Marketing Consultant understands that this Agreement is not in force until accepted. Disclaimer:It is noticed that few companies/ websites are promoting business of the Freedom Club Holidays Pvt. Ltd. with their own business plans and promotions. Freedom Club Holidays Pvt. Ltd. hereby clarifies that they do not have any management participation or involvement in any of such companies/ websites.

कापी फ्रॉम http://www.clubfreedominfo.blogspot.com/

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