X-Streeam Marketing Terms Of Service

This is the web site of X-Streeam (http://www.x-streeam.net).

Our postal address is :

X-Streeam
PO 1432
Hendersonville, N.C.
28793

We can be reached via e-mail at support@x-streeam.net

Your completion and submission of your online enrollment indicates your agreement to the following Terms and Conditions as condition of being an affiliate, reseller, Pro member and/or a Free member of X-Streeam Marketing Network. The company will be herein called and referred to as X-Streeam Marketing Network.

WE MAKE NO GUARANTEE OF INCOME
As an Affiliate/Reseller you agree and verify that X-Streeam Marketing Network, nor any of its affiliates have guaranteed or implied any income, whatsoever. Such income as may be received by you as an Affiliate/Reseller will be solely based upon the sale of Pro Memberships and services as described in the main website www.x-streeam.net.

You also do hereby agree that you will make no claims of income, or guarantee of income, either directly or indirectly, but will allow the X-Streeam Marketing Network description of the "compensation plan" to suffice in all descriptions and explanations of potential income to prospective Affiliates/Resellers.

Affiliate/Reseller as INDEPENDENT CONTRACTOR
You agree that, as an Affiliate or Reseller, you are operating as an independent contractor and are not subject to withholding, nor entitled to any other benefits, entitlements, or accommodations other than those legally provided for in the "compensation plan".

All liabilities for taxes, record keeping, reporting of state, national, or local taxes and/or license(s) will be the sole responsibility of you, the Affiliate/Reseller.

NO SPAMMING POLICY
Due to the nature of the Internet and Email Marketing we must strictly enforce that there is to be NO SPAMMING. Spamming is defined as sending any unsolicited commercial email.  This includes, but is not limited to, misuse of leads from the site.  Read our Spam Policy for complete information regarding our policy on Spam.

Anyone found to be spamming will have their account immediately terminated, without refund, and without recourse.

No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.


NO ADULT, ILLEGAL CONTENT
All services provided by X-Streeam Marketing Network may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to any: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. As a member of X-Streeam Marketing Network, you agree to indemnify and hold harmless X-Streeam Marketing Network, or On-Line Marketing Services, from any claims resulting from the use of the service which damages the member or any other parties.

Pornography and sex-related merchandising are strictly prohibited on any X-Streeam Marketing Network server. Be it known that X-Streeam Marketing Network will be the sole arbiter as to what constitutes a violation of this provision and will have the legal right to assess a $150.00 per hour charge (with a one hour minimum) for the location and removal of such material or information. Such charges will be applied to the Affiliate payment information account on file possibly affecting commissions and member status.

CANCELLATION OF MEMBER ACCOUNTS
Any member of X-Streeam Marketing Network may cancel his or her account, at any time, by clicking on the cancel button in their members area and following through with the cancellation process. 

X-Streeam Marketing Network will have no less than 10 days to fulfill such request and such request shall be deemed to be received and fulfilled upon receipt of confirmation email from X-Streeam Marketing Network.

Upon termination of a member's account, whether by Affiliate/Reseller or X-Streeam Marketing Network, all downline information, payment information, etc... will be removed from the system. Any pending commissions will be retained by X-Streeam Marketing Network.

In the event that a cancellation request is received and/or fulfilled after the monthly debit has been initiated, X-Streeam Marketing Network will not be able to issue a refund. Cancellation requests should be sent in well in advance of the next scheduled debit date.

Member accounts may also be cancelled due to abuse, including but not limited to abuse of admin via email, abuse of admin/support via the Ticket system, misuse of the daily leads, misuse of the X-Streeam Marketing Network site, hacking or cracking any pages, folder or software within any X-Streeam Marketing owned and operated sites, and using spam filters or blocking software on the designated X-Streeam Marketing Network contact email address.

Pro members who have their accounts terminated will not receive a refund or any further recourse. All outstanding commissions payments will be forfeit to X-Streeam Marketing Network.

All members are expected to know and adhere to the TOS of X-Streeam Marketing Network and will receive no warnings for such violations prior to cancellation and forfeit of monthly fees or outstanding commissions.

All Members who are terminated or request cancellation are responsible to ensure their monthly subscriptions are cancelled. X-Streeam Marketing Network is hereby absolved of any unintentional payments sent just prior to of after account cancellation. No refunds will be granted.

HOW MEMBER ACCOUNTS ARE CHARGED

X-Streeam Marketing Network charges a current monthly fee of $29.95. X-Streeam Marketing Network currently bills through multiple payment processors.

We do NOT deduct the monthly fee from member Affiliate/Reseller balances - members are solely responsible to ensure their accounts are kept paid on time, every time.

We reserve the right to change, alter, or discontinue our payment system at any time without notice. We reserve the right to change our fees, and commission structure at any time without notice. if such fee changes are instituted, current members will be "grandfathered in" and will be asked to pay no more than their CURRENT fees for the CURRENT account.

NON-PAYMENT OF MONTHLY PRO ACCOUNT FEES

Any Pro level member who allows his or her monthly fee to lapse for any reason will see their accounts DELETED, losing all benefits of Pro membership and all currently unpaid Affiliate/Referral commissions will be considered forfeit to X-Streeam Marketing Network. X-Streeam Marketing Network does NOT deduct monthly access fees from outstanding Affiliate/Reseller balances.

HOW WE PAY COMMISSIONS

Commissions are calculated at the end of each MONTH. There is a minimum of $2.00 (US Funds) processing fee assessed at the time of payment, regardless of the amount owed to an Affiliate/Reseller. Affiliate payments must be at or above a level of $50 (US Funds) before commissions are paid. All commissions LESS than $50 (US) will be held over until such a time the commissions reach the aforementioned level.

In the event that an Affiliate's membership is terminated by either the company or the Affiliate, Affiliate will forfeit any claim to any commissions owed at the time of cancellation.

If an Affiliates/Reseller's account is inactive for any reason when commissions are calculated, any claim to commissions for that month are forfeit.

NOTIFICATIONS and COMMUNICATIONS (Notices)

Affiliates/Reseller agrees to accept all communication from X-Streeam Marketing Network in the form of email communication, at the email address listed in Affiliate/Reseller's member profile. Such communication shall include, but not be limited to billing statements, commission reports, collections, sales offers, record keeping, etc...

Any member or Affiliate/Reseller found to be using Spam Block Services on the accounts they used to sign up will have their accounts immediately terminated without refund or recourse. Any outstanding commissions at that time will be considered forfeit to X-Streeam Marketing Network.

All email correspondence should be sent via our Support Ticket System.

All postal correspondence should be directed to:

X-Streeam Marketing Network
PO Box 1432
Hendersonville NC
28793

NO WARRANTY STATEMENT

X-Streeam Marketing Network makes no warranties of any kind, whether expressed or implied, for the service it is providing. X-Streeam Marketing Network also disclaims any warranty of merchantability or fitness for a particular purpose. X-Streeam Marketing Network will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by X-Streeam Marketing Network negligence or the member's errors or omissions. Use of any information obtained via X-Streeam Marketing Network is at your own risk. X-Streeam Marketing Network specifically denies any responsibility for the accuracy or quality of information obtained through its services.

LIMITS of LIABILITY

ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE MEMBER TO X-STREEAM MARKETING NETWORK FOR THE CURRENT MONTH ONLY.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

This agreement shall be governed by the laws of the State of North Carolina and the United States of America.

These Terms and Conditions, last modified on September 24th, 2006, supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of X-Streeam Marketing Network member services constitutes acceptance of these Terms and Conditions.

Completion and submission of your online or offline enrollment indicates your agreement to the above Terms and Conditions and full understanding of the legal disclaimers.

If you have any questions or concerns regarding any of these policies please don't hesitate to contact us.