Representations And Warranties
With respect to the information you submit to
the ByRegion Network, you represent and warrant that:
- You have the right to enter into this Agreement and grant to
ByRegion Network permission to publish on your behalf.
- Information you have provided to
ByRegion Network is accurate to the
best of your knowledge.
ByRegion reserves the right to send you
updates and a newsletter. You have the option to
unsubscribe or subscribe to the newsletter or the updates at any time by
using the unsubscribe program at the bottom of the email.
You agree to indemnify, defend and hold harmless
ByRegion Network and its officers, directors, shareholders and employees, from
any and all claims, demands, losses, costs, expenses and damages
arising from or relating to the publication of your information and/or sale of your
products on our web site. This indemnity
agreement and the representations and warranties you make above
shall survive the completion and/or termination of this Agreement.
Right to Refuse and Reject Submissions
ByRegion Network reserves the right to refuse and reject any items it feels does
not fit its criteria.
You are responsible for providing the ByRegion Network with images of
your items for us to format and display. Logos/Members photos and item
images should be in jpg or gif format. ByRegion Network reserves the right to crop or resize the image in order
to conform it to our database format requirements. ByRegion Network endeavors to present the
best image of your artwork, given the materials you have submitted.
We may modify any of the terms and conditions of this Agreement, at any time and in
our sole discretion, by notifying you through e-mail or another
method of communication. If any modification is unacceptable to
you, your only remedy is to terminate this Agreement. Your
continued participation in e-commerce following our
communication to you of the modification will be taken as your
agreement to the modification.
We make no express or implied warranties or representations with respect to
e-commerce. In addition, we make no representation that the
operation of our site will be uninterrupted or error-free, and
we will not be liable for the consequences of any interruptions
or errors. We will not be liable for indirect, special, or
consequential damages or any loss of revenue, profits, or
artwork arising in connection with this e-commerce program.
You agree that all material uploaded
onto the ByRegion Network is properly copyrighted.
In an effort to protect the rights of copyright owners, the ByRegion Network maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
JBA Network's agent for copyright issues relating to this web site:
JBA Network, Inc.
311 Montford Ave.
Asheville, NC 28801
This agreement is deemed binding upon the parties only upon its
acceptance by ByRegion Network in North Carolina. The parties
agree that any claim or dispute relating to this Agreement, or
any of its provisions, shall be resolved by binding arbitration.
Any such action shall be initiated in Asheville, North Carolina,
and be conducted by the American Arbitration Association,
pursuant to its rules and procedures. The prevailing party in
such arbitration shall be entitled to their costs, including
reasonable attorney�s fees, in addition to any remedy provided
for under North Carolina law.
We at ByRegion offer a 6 month money back guarantee. If you are dissatisfied with our service within
6 months of payment please contact us directly and we will refund your web display fee.
1. I understand
that I will automatically be enrolled in the ByRegion Referral
Program as part of my WebDisplay membership. I understand that I
will earn referral fees as outlined on the following page:
https://advancedreferral.ByRegion Network I understand that I will be
paid quarterly through PayPal, and that
the checks are cut by the 15th of April, July, September and January.
each month for the previous quarter's
2. I understand
that participation in this program is voluntary.
3. This agreement
is purely for giving a fee for referrals. The terms, �Partner� or
�Affiliate", or "Member", do not imply any formal association with
ByRegion, and the Partner does not have any right on our products,
logos or trademarks.
4. The Member is not permitted to represent ByRegion in any way
other than displaying a banner on the web site, including our links,
referring our products to legitimate business contacts, or using any
of the tools we provide to advertise our products. We want you to
advertise our products effectively as you see fit, but care must be
taken to ensure there is no confusion between your organization and
ours. Also, you must represent our products in a positive and
5. Although we
fully intend to keep this rate as it stands, we reserve the right to
alter the rate of commission at any time without notice. Any credit
accumulating after such change will be at the new rate.
i.e. the Partner is not guaranteed to have
the same rate as the one started with. This is not a loophole to
defraud you, but a way for us to prepare for anything unforeseeable.
As we see it now, such change should never be necessary.
6. We reserve the
right to change the product prices from time to time which may have
an effect on the commission.
7. The commission
will be credited when a new member joins or renews and payment is
cleared. If the buyer requests a refund at a later time, the original
commission credited will be deducted from future commissions.
8. If you place a
banner on your website we will track visitors from your website. This
system is dependent on a cookie being placed in the web surfer's
computer. We will not be responsible for any cookie failure that may
result in the user's clicks going unregistered. Some web-surfers have
disabled cookies on their web browser (a very small percentage).
There is no way for us to track who that sale came from without the
cookie. Although this percentage is small, there are certain cases
like that. Once an initial purchase has been credited to your
affiliate account, we take every precaution to ensure future sales
from that customer are credited to your account as well.
9. The commission
will be paid quarterly as long as the amount exceeds $50, and such
payment will be through PayPal. It is
your responsibility to join PayPal, an
online payment service. Signup is free.
10. Referral ID's are entered by the people you refer. We are
not responsible for incorrect entries.
11. We reserve the
right to evaluate your site and terminate individual agreements after
notification through E-mail. In such situations, our sole
responsibility ends at issuing a check corresponding to the
outstanding amount in your credit. No explanation for the termination
will necessarily be given. Except when terminated for cause, your
existing commissions will be due to you at termination. Please
understand that we intend to keep this agreement alive perpetually,
but that we must leave this option open to terminate individual
accounts that are not positively benefiting ByRegion as a whole. If
you are legitimately promoting ByRegion and doing so in a
professional manner, you should have no
problems. Remember that this Referral Program is designed to benefit
each of us.
12. Any tax
liability on the amount of commission received will be the sponsor's
responsibility. You are not employed by us nor are you entitled to
any benefits normally found in an employer/employee relationship. You
are required to claim the commissioned earned from us on your tax
13. You must not
use any unsolicited bulk email or off topic newsgroup posts to
promote ByRegion in any way.
14. We will
periodically contact you by email when someone signs up as part of
your Referral Network. From time to time we will also receive updates
regarding this program. You agree to receive this newsletter. You
can opt out at any time.
15. You may
not "refer yourself" as a member. That is, you cannot use your Referral
ID to credit your initial membership or your renewal. Any member
found doing this will be subject to immediate dismissal. Please do
not try to circumvent this, or any, of our policies.
Advanced Referral Network is non-transferable.
17. Members in your
Referral Network yours for life. Once you refer a member to us, we
take every precaution to ensure any future renewals from that
customer will be credited to you. No system is perfect, but ours is
18. In the
event that you allow your WebDisplay membership to expire, you will
forfeit your Referral Network. There is a 30 day grace period after
the expiration date.
contact us if you have any questions.