Employment Options, Inc. Ambassador Program Terms & Conditions
By accepting and using your unique Employment Options’ Omnistar Program Ambassador link, you agree to the following requirements for posting a “disclaimer” when using promotional channels.
1. Ambassador Disclaimer on All Correspondence and Websites and Blogs
Ambassadors who have entered the program must include an Ambassador disclaimer in the site footer. For example: “This website is independently owned by an Ambassador Marketer of Employment Options. It is not sponsored by Employment Options or MyEmploymentOptions.com which are registered trademarks of their respective owners.”
2. Placement of Link in Appropriate Locations
The placement of your unique link must only occur on-line in websites, blogs, and social media posts that reflect our purpose and professionalism.
This means that unique links may not be used where any of the following exist, whether in a public or a private channel of communication:
- Pornography or any other sexual content whether in text, video, photo or audio, including acts with comedic intentions.
- Discriminatory or offensive content regarding disability, religion, politics or people of other nationalities and cultures, whether in text, video, photo or audio, including acts with comedic intentions.
- Violent content whether in text, video, photo or audio, including acts with comedic intentions
- Spam-related content intended to increase traffic through bots and similar attempts to attach harmful cookies or other data that may hurt those who use on-line content.
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law, includes "Employment Options" or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- Contains software downloads that potentially enable diversions of commission from other Ambassadors in our program.
- You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Merchant.com or any other Ambassador or Affiliate business
- The Ambassador will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Employment Options, Inc.
3. Using the Employment Options name in promotions.
We encourage you to use our brand name (Employment Options) and images in your promotions in Facebook, LinkedIn, Twitter, Google+, Pinterest, Tumblr, Blogger or other social networking site URLs.
-MEO logo/branding use is strictly limited to Ambassador link and may not be used for any other purposes without prior notification/written approval from MEO.
**Remember as an Ambassador we depend on you to uphold our good name with any posting.**
4. Promoting Ambassador Links on Twitter
While we encourage our Ambassadors to engage and participate in Twitter promotions, the use of any kind of spam links that include an obscured Ambassador link are prohibited.
5. Ambassador Links on Pinterest Use
We encourage you to pin our content to your boards. However, undisclosed Ambassador links on company based Employment Options’ Pinterest pins are strictly prohibited.
6. Oversight of Usage and Payment
Employment Options, Inc. reserves the right to monitor usage of link and to end the agreement with any Ambassador user at any time for violation of our terms and conditions or any other consideration not stated here that is deemed unacceptable by Employment Options, Inc. MEO have ultimate decision-making power on whether an Ambassador gets paid or not.
7. Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Ambassador Program rules.
8. Representations and Warranties
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
9. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MERCHANT.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
10. Indemnification
You hereby agree to indemnify and hold harmless Employment Options, Inc., and its subsidiaries and Ambassadors, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Ambassador trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
11. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
12. Miscellaneous
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Employment Options, Inc. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
- Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
13. Ambassador Program Violations
Please contact us if you have a concern that you may be violating any of our terms and conditions. It is likely that we can find a way to work through this without any issue.
Ambassadors identified to be in violation of these Employment Options’ Ambassador Program Guidelines will forfeit commissions on the specific transaction(s) in violation or all commissions assigned. Excessive violating of party’s Ambassador accounts will result in termination.
Please contact us if you have any questions in order to work through issues before they become excessive.
