Terms of Service
These Terms and Conditions, along with the Order Confirmation (collectively the "Terms" or this "Agreement") describe the terms and conditions on which The I C A Network, ("we", "our" or "ICAN") offers a user ("Customer," "User," "you," or "your") access to the package(s) described on its website located at www.TheICANetwork.com (the "Services"). We are a 3-level direct sales company.
1. Acceptance of Terms.
By submitting your Order, or by accepting the Terms on-line as provided in the welcome e-mail, you agree to the Terms. We may amend the Terms at any time you agree to any such future modifications upon publishing at this site. Your sole option, if you do not agree to the changes, will be to terminate the User Agreement within five (5) days of any notice of change. Otherwise, your continued use of our Services will signify your acceptance of any amended Terms. The Terms may not be otherwise amended except in writing signed by both parties. Further, in the event that a Customer fails to expressly accept the Terms on-line, then the customer's use of the Services shall signify the Customer's acceptance of the Terms. Throughout this User Agreement, (i) the phrase "in our discretion" or "in its discretion" means in ICAN's sole and arbitrary discretion and (ii) the term "including" means "including without limitation." ICAN reserves the right to reject this User Agreement for any reason or no reason, prior to acceptance thereof by ICAN. Activation of any Service shall indicate ICAN's acceptance of this User Agreement.
2. Eligibility; Order Confirmation.
Use of the Services is limited to parties that may lawfully enter into and form contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. Further, Services are not available to Users where use of the Services have been suspended or terminated.
2.2. Order Confirmation.
In order to use the Services, you must submit a completed Order on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. Your Order can be submitted through our website, at www.TheICANetwork.com (the "Website") or through one of our Independent or Supervising Independent Representatives. In either case, you will receive an Order Confirmation which will summarize your Order, allow you to submit all necessary information for us to perform the Services, and provide a link to these Terms (the "Order Confirmation"). By submitting your Order, you agree to these Terms and you also represent that (a) you are eighteen (18) years of age or older and, if applicable, (b) you are authorized to bind the corporation, partnership or other legal entity that will be using the Services. Your "Order Confirmation" includes your personal information, credit card information and any services and related fees you select.
3.1. Right to Refuse Services.
ICAN may refuse the Services to anyone at any time, in our sole discretion. ICAN reserves the right to discontinue, temporarily or permanently, any or all of the Services to anyone at any time, with or without notice. In the event that ICAN discontinues the Services because any payment is, or becomes, past due, then ICAN reserves the right to collect all outstanding amounts for any month in which the Services were provided (i.e. any month before the Services were discontinued). Otherwise, ICAN will refund you the amounts it has charged for each whole month of prepaid service for which ICAN refused or discontinued the Services, as such amounts are determined by ICAN, only if (i) ICAN exercises its right to refuse service or discontinue under this section, and (ii) you have prepaid for the refused or discontinued Services. ICAN shall not be liable to you or any third-party for any termination of your access to the Services except as set forth herein. Moreover, in the event that the Services are canceled, terminated, or expired at any time hereto, ICAN reserves the right to remove any and all listings created at any time in the provision of the Services.
You expressly grant ICAN the authority to act as your agent for the limited purpose of submitting your business information to various online directories and the performance of other SEO and marketing activities. The information you provide in the Order Confirmation will be the information used by ICAN to list your business in the online directories.
3.3. Intellectual Property Rights.
You represent that you have all necessary rights to use the business name submitted with your Order and that your use of the name will not infringe upon the intellectual property rights of others. You will be solely liable for violations of this Section. In addition, you acknowledge that ICAN retains all rights to any domain names and any other materials of any nature used in the provision of the Services, even if such property was associated exclusively with your business during the term of this Agreement.
3.4. Accurate and Complete Information.
You will provide to ICAN only true, accurate, current and complete information, including, as applicable, your credit card number and other financial information and will update that information to keep it true, accurate, current and complete. ICAN, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of any inaccurate or incomplete information. No refunds will be made as a result of your failure to provide complete and accurate information during your Order.
3.5. General Compliance with Laws.
You will comply with all applicable laws, statutes, ordinances and regulations in your use of the Services.
3.6. Advance Consent to Service Term.
Confirmation ("Activation Date"). This Agreement shall automatically renew on a monthly basis at the previous monthly price without further action by you ("Renewal Terms") unless you give ICAN written notice of non-renewal in accordance with Section 3.7 below. You will be acquiring the Services for full monthly Renewal Terms, meaning that if you attempt to terminate the Services prior to the end of a Renewal Term, you will be responsible for the full month's charges to the end of the then-current term which will immediately become due and payable. Expiration of the Term or termination of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement.
All cancellations must be in writing and initiated via your back office admin area or by mail to the following address:
Palm City, FL 34991 USA
Cancellation requests must be received AT LEAST TEN (10) DAYS prior to the end of the applicable Contract Term or Renewal Term to be effective. Cancellations will only be made effective if your account is current on payment.
3.8 Early Cancellation.
All early cancellations must be in writing and initiated via your back office admin area or by mail to the following address:
Palm City, FL 34991 USA
Early cancellation requests may be made AT ANY TIME during the applicable Term or Renewal Term. In the event that you cancel at any time during a Renewal Term, you agree to pay the full monthly premium for that month.
ICAN or its authorized representatives will charge you fees in accordance with the rates contained in the Order Confirmation. The first month's fee will be due and payable as of the Activation Date. You are responsible for paying all fees associated with using the Services and all applicable taxes.
Our guarantee is relative to the natural results on
the first page at Google(R), and at least one primary
keyword that you or our I.T. has selected for you, and
is based on a sixty (90) day timeframe to achieve these
results. If after 90 days these results are not achieved, we
will stop billing you until we accomplish that goal. For this
first page listing it's important to note is exclusive of any paid ads. Paid ads are always
distinguishable from the natural results and some studies
show most searchers prefer to do business sites that
appear in the natural results.
Should you elect to pay the company our monthly fee with auto-debit from your checking account you agree to pay us a $20 NSF fee should your check not clear processing. In this event we will notify you and suspend your account until such time the monthly fee in question and the NSF fee has been resolved. The suspension will occur within ten days of our notifying you that your account is in default whether paying by check or by credit card, and the suspension means that we will remove your listing from our network. It can take weeks to restore your listing status should your account by suspended.
Any account that has been suspended by the company for a period of forty days will be terminated and the client's unique exclusivity on our network will then be offered to a competitor.
4.1. Changes to Fees.
ICAN may only change the Monthly Fees during a Renewal Term by providing you written notice of such changes. Such changes will become effective seven (7) days after notice of those changes and will apply to the current monthly term unless you have provided ICAN with your desire to cancel the Services. In such case, the previously applicable Monthly Fees will be charged for the final month of Service before termination.
Every business including ours experiences cost increases annually, our biggest cost in providing this valuable and remarkable service is our manpower, our technicians, our real live people. Therefore, we reserve the right to raise the price of your monthly subscription up to a maximum of 3.5% from year to year. However, the published price at our site today will be guaranteed for you, for a minimum of twelve consecutive months.
4.2. Credit Cards - Automatic Payments.
You will be required to place a credit card (Visa, MasterCard, American Express, or Discover) on file for automatic billing prior to using the Services. Your Monthly Fees will be automatically charged to your credit card on file. You will be billed a monthly finance charge of the lower of 1.5% or the highest amount permitted by applicable law if your account becomes past due. Your account may be suspended for non-payment. You will reimburse ICAN for any costs arising from initiation of collections activity.
4.3. Discounts, Credits and Refunds.
ICAN may, in its discretion, offer discounts, coupons or promotions that may reduce applicable fees. Users may request credits to their account by contacting ICAN's customer service. Credits will be granted in ICAN's sole discretion. Any refunds will be made in credits to your account. You will not be entitled to a refund in the event ICAN cancels the Services for a violation by you of these Terms.
4.4 Domain Name(s).
At all times hereto, including upon termination, any Domain Name provided to Customer by ICAN for use in conjunction with the Services (the "Domain") shall be owned exclusively by ICAN. During the Term, Customer agrees that it has no right, title, or ownership interest in the Domain, but instead is leasing the Domain as part of the Services.
5. Limitations on Use of Services.
5.1 Prohibited Uses.
You agree to use the Services only for lawful purposes. ICAN reserves the right to terminate your Service immediately and without advance notice if ICAN, in its sole discretion, believes that you have violated the terms of this User Agreement, leaving you responsible for the full month's current charges which will immediately become due and payable.
6. Indemnity and Disclaimer
You will, at your own expense, indemnify, defend and hold ICAN, its authorized representatives, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to us; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against ICAN arising out of or relating to a dispute with you over the Terms and Conditions of an Agreement or related to the purchase or sale of any goods or services; or (d) your violation of any law or the rights of a third party. ICAN will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on ICAN's behalf without the prior written consent of ICAN.
Neither ICAN nor its suppliers and/or authorized representatives will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this agreement even if ICAN or its supplier or authorized representative is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use the Services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Services.
7.1. Termination at ICAN's Discretion.
In our discretion, we may immediately issue a warning, temporarily suspend, or terminate your use of the Services if you breach any provision of this Agreement. This Section does not limit any other remedies that may be available to ICAN.
7.2. No Agency.
Except for the limited purpose stated in the 'Authority' Section, you and ICAN are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices will be given by suport ticket via your back office admin area or by certified mail to the physical address below (in the case of ICAN) or to the email address you provide to ICAN in the Order Confirmation (in your case), or such other address as the party will specify. Notice will be deemed given twenty four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ICAN in the Order Confirmation. In such case, notice will be deemed given three (3) days after the date of mailing.
7.4. Mandatory Mediation Prior to Litigation.
Prior to either party filing any legal complaint and/or legal document in any District Court in accordance with Section 7.5, the parties agree to mediate any dispute arising from this Agreement. Any mediation that takes place in accordance with this section shall take place in Martin County, Florida, unless ICAN expressly agrees otherwise in writing. In order to initiate the mandatory mediation, the aggrieved party shall provide the non-aggrieved party with notice of its intent to mediate the dispute (the "Notice"). The Notice shall be dated, and in writing, and shall provide sufficient details of the dispute to apprise the other party of the basis of the aggrieved party's claims. Within ten (10) days of the date on the Notice, (i) the non-aggrieved party shall confirm its receipt of the notice with the aggrieved party, (ii) the parties shall agree upon a length of time for the mediation, which shall be at least one (1) day, but not more than three (3) days, (iii) the parties shall schedule a date for mediation with the aggrieved party, which such mediation shall be not less than thirty (30) days from the date listed on the Notice, but not more than ninety (90) days from the date listed on the Notice, and (iv) the parties shall select a mediator. In the event that the parties cannot agree upon a mediator, each party shall select one name from a list of mediators maintained by any bona fide dispute resolution provider or other private mediator, and the two selected mediators shall then choose a third person who will serve as mediator. The parties acknowledge and agree that any mediated settlement agreement may be converted to a judgment and enforced according to the State of Florida Rules of Civil Procedure. The parties agree to share the mediator's fees equally. In the event that either party hereto fails to cooperate in a reasonable manner in the scheduling and/or facilitation of the mediation contemplated herein, then the cooperating party will have the right to recover from the non-cooperating party its costs and reasonable attorney's fees incurred in connection with any subsequent suit, or other proceeding, including costs, fees, and expenses on appeal.
7.5. Governing Law.
Florida law will govern this Agreement, except for the body of law relating to conflicts of law. Subject to Section 7.4, venue for any legal action will be the federal or state courts of Martin County, Florida. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
A party's failure to enforce any provision of this Agreement shall not be a waiver of the provision or the right to enforce it at a later time.
7.7. Entire Agreement.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
Should the terms of this Agreement directly conflict with any terms summarized in the Order Confirmation, the terms of the Order Confirmation shall prevail.
of Service Addendum:
Mobile Phone Apps Service
(Note: These are the same terms of service we must adhere to from the Telco who provides us with the unlimited texting service for all of our customers.)
This TERMS OF SERVICE AGREEMENT ("TOS") is a legal agreement between you, an individual or an individual acting on behalf of your business or employer, a corporation, partnership, or other legal entity, and The iCANetwork. Before you use this site, please read this TOS carefully as they govern your use of the Mobile Advertising Service provided at this website. By using the Mobile Advertising Service you are indicating your acceptance of and agreement to be bound by all of the terms of the TOS. The iCANetwork may modify or revise this TOS from time to time without notice to you. Although The iCANetwork may attempt to notify you when major changes are made to this TOS, you should visit this page periodically to review the TOS. Any modification and/or revision of the TOS will be effective when posted on this page. By continuing to use the Service after such modifications and/or revisions are posted, you agree to be bound by such modifications and revisions. If you do not agree with all of the terms of the TOS, then you may not use this service.
1. DESCRIPTION OF SERVICE
(A.) The Service provides you the right to use the proprietary software offered at ticaap.com that may enable you to view, display, create, edit, and update advertisements, and post conforming commercial and non-commercial messages with text and pictures that can be viewed as mobile application or mobilized website on telephonic and computer devices with connection to the Internet and the World Wide Web, and or via SMS text message using the authorized DOTCOM short code number (368266).
(B.) You also understand and agree that the software itself is the core of the Service, and that changes in the performance and availability of operating systems on mobile and computer devices, the Internet, and the World Wide Web, changes in mobile devices, platform and operating systems, and or changes in SMS services, are beyond the control of The iCANetwork and may change at any time, and that the DOTCOM short code (368266) used with the software is not an integral part of the Service, and that these short codes are provided by third-party providers, and that the performance, availability, and charges associated with these short codes and the associated SMS text messaging service are subject to change at any time by their providers, and are not guaranteed by this Service.
(C.) The use of the DOTCOM short code (368266) is being made available to you on an "AS-IS" basis and based exclusively on current conditions whereby the providers of these short codes are offering the use of these short codes free of charge. You also understand and agree that changes in the performance, availability, and pricing for the use of these short codes are beyond the control of The iCANetwork and may change at any time, and that any changes in the pricing for the use of these short codes shall be passed on to you on a bulk flat rate or per text message basis.
(D.) You understand and agree that The iCANetwork may determine, in its sole discretion, to limit, change, or otherwise modify the use of the Service, including placing advertising riders on applications, mobilized websites, and text messages used by the Service, changes in the maximum disk space that will be allotted on The iCANetwork's servers on your behalf, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You acknowledge and agree that these changes may take place and that The iCANetwork shall have no liability stemming from such changes. Any additions or modifications to the Service shall be in the sole discretion of The iCANetwork or its system providers, and will be subject to this TOS. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Service, including, but not limited to, standard Internet access and mobile carrier charges. The iCANetwork uses reasonable efforts to ensure that the Service is available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, repairs, upgrades, failure of telecommunications links and equipment, and emergencies that are beyond the control of The iCANetwork. By using the Service you agree that The iCANetwork shall not be liable to you for any modification, suspension or discontinuance of the Service.
(E.) The iCANetwork reserves the right to limit, throttle, or in severe cases terminate accounts which, in the sole opinion of The iCANetwork, threaten the integrity and viability of the entire network by abusing the use of the SMS text platform. This can include, but is not limited to, overuse or irresponsible use of the SMS texting service.
2. USING THE SERVICE
The use of this Service requires successful login to an Account that is licensed by The iCANetwork and must be duly registered to the individual accessing the Service. Your password and account designation will be active upon completing the Service's registration and activation process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself, as well as maintain and promptly update any registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or The iCANetwork has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The iCANetwork has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. The Service is not designed for or directed to children under the age of 13. Children under the age of 13 may not use the Service. Any use of the Service in violation of or not in strict compliance with this TOS shall constitute grounds for the automatic termination of Service, and shall equally constitute a bar to your access and use of websites associated with the Service. Upon such termination, you shall destroy any and all materials, computer files, and documentations of the Service in your possession and immediately cease marketing, promoting, distributing, using, or offering for use the Service in any manner that may cause the further use of the Service.
3. FEES FOR USING THE SERVICE
Any monetary consideration you paid to be able to use this Service pays exclusively and specifically for your right to use the web-based software which enables you to view, display, create, edit, update, and post conforming messages that can be accessed as a mobile application or via the mobile web. Any monetary consideration you paid does not give you ownership of any code, aspect, part, or component of the software, and does not pay for any other web-related services. You do not own any part of the software that is used in any part of the Service. No refunds shall be given for discontinued use, unused software licenses, prepaid services, or for any installation, activation, custom or standard programming performed on behalf of an application, website, or domain name that has been configured, used or prepared to be used to function with the service.
In the event your credit card (or other payment method) cannot be charged (due to expiration or other cause), or your monthly fee is not received in a timely manner, we will attempt to contact you. In the event that we are unable to resolve a lack of payment issue, we will be forced to terminate your account. Upon such termination you will lose access to all members, customers, and subscribers to any texting, mobile website app, and email services.
4. YOUR PROPER USE OF THE SERVICE
You understand that any and all "Content" (information, data, text, messages, pictures, or other materials), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not The iCANetwork, are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available via the Service. Likewise, The iCANetwork does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will The iCANetwork be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. You agree not to use the Service to upload, post, text message, email, transmit, or otherwise make available any adult content, or any content that may impersonate any person or entity, as well as infringe any patent, trademark, trade secret, copyright, or other proprietary rights. You agree not to use the Service to upload, post, text message, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
5. TRADEMARKS, COPYRIGHT, AND PROPRIETARY RIGHTS
The iCANetwork does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you claim that you have the right to use such Content and grant to The iCANetwork a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such Content, including all related intellectual property rights, to provide the Service. The Service and any website associated with this Service, along with any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, are the exclusive intellectual property of its creators and are protected under intellectual property laws and treaties. You may not exercise any ownership rights over this Service, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, and may not exercise any rights over the same. Specifically, you may not use in an unintended manner, reverse engineer, decompile or disassemble this Service and any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The iCANetwork DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The iCANetwork MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. The iCANetwork DOES NOT AND CAN NOT GUARANTEE THE PERFORMANCE AND AVAILABILITY OF THE MOBILE WEB OR OF ANY AND ALL RELATED SERVICES THAT MAKE MOBILE WEB AVAILABLE.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL The iCANetwork OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE OR PRODUCT PROVIDED IN CONNECTION THEREWITH, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR LOSS OF REVENUES, GOODWILL, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DATABASE RECORDS, PROGRAMS OR SERVICES, EVEN IF The iCANetwork HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
You agree to indemnify, defend and hold harmless The iCANetwork and its officers, directors, employees, subsidiaries, affiliates, agents, shareholders, suppliers, and service providers from any costs, expenses, including, among other expenses, attorneys' fees and expenses, losses, damages, specifically excluding consequential, exemplary, special, indirect or punitive damages, suits, claims, or liabilities incurred and arising from or relating to your marketing, promotion, distribution, use, or offer to use this Service as well as your use of the domain name under which you are marketing, promoting, distributing, or using this Service. You also agree to indemnify and hold The iCANetwork, and its officers, directors, employees, subsidiaries, affiliates, agents, shareholders, suppliers, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any and all advertising content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. CHOICE OF LAW AND FORUM
Interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of US, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this TOS or your use of the Service shall be filed only in the federal or state courts located in the county where The iCANetwork holds offices, in the United States of America, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
RESELLING THE SERVICE / INDEPENDENT REPRESENTATIVE PROGRAM
If you decide to resell, market, promote, offer or otherwise represent the Service to others, you hereby agree to market, promote, distribute, use, and offer for use the Service in a responsible manner, and agree to the burden of exclusive and absolute responsibility for all your Users. You agree to use only methods, media, materials and documents approved by The iCANetwork, and strictly comply with any and all governmental laws pertaining to the sending of commercial messages via the Internet and telephonic devices. The iCANetwork expressly forbids you from marketing, promoting, distributing, using, or offering this Service for use as a tool to deliver unacceptable materials as defined in Section4 above and/or unsolicited commercial messages sent to personal computers and mobile devices. You may not promote or refer to this Service or to The iCANetwork when using any form of unsolicited commercial messages or any messages not approved by The iCANetwork. You understand and agree that The iCANetwork shall have exclusive and final right to determine the occurrence of any violation regarding these matters, whether by you or your Users, and reserves the right to immediately terminate your right to the Service.
The iCANetwork MAY make certain "Marketing Materials" available to you for the promotion of the iCANetwork phone apps program, which are accessible through your online account manager. Such materials may include banners, buttons, text links, email copy, signature files, etc. and may be updated by The iCANetwork from time to time. You are authorized to use any of the then current marketing materials made available in this manner, and are responsible for maintaining current materials in your promotions. Promotion is restricted to the use of these materials. Corporate approval may be granted for new marketing materials submitted to us by distributors.
You may not promote your affiliation with The iCANetwork through the sending "spam" or "bulk email" (unless to your opt-in subscribers or opt-in subscribers of a reputable no-spam mail house). Further, you may not make postings of an advertising nature to any Internet newsgroup, forum, chat room, or other public community, unless that community expressly accepts the posting of such information (almost all do not). (“Signature files” as approved and provided by The iCANetwork are excluded from this restriction.) Additionally, any commissions generated as a result of spamming will not be paid to any upline positions.
We reserve the right to terminate any account, withhold any commissions due, and pay no refunds, for making accusations or false or negative statements about us to anyone. Any such termination will not relieve us of other legal remedies which we will pursue vigorously. (We hope we never have to do this.)
You may NOT enroll as an Independent Representative and then sign up as a Phone App customer under your own Independent Representative account. Doing so will result in termination of your Affiliate account and forfeiture of any commissions earned, and closure of your phone app.
We reserve the right to change our pricing anytime to run specials and to reflect changing costs and market conditions. The telcom industry is in a constant state of evolution. Thus we pay commissions on a percentage basis rather than at a flat rate. We also may make available certain special services related to the Phone App or SMS Texting platforms, including but not limited to Custom Setup services. These special services generate no Independent Representative commissions.
Commissions are paid automatically. You may request disbursement of commissions via options available in your Members Area, which options may change from time to time. A thirty day "holding period"is applied on all transactions. Minimum commission payment is $25. Monthly commissions begin to accrue beginning with the second month on all new customers referred by you.
Commissions will be paid the 20th of month, following the month in which commissions are generated. Any cancellations or terminations will be debited from the following month's commissions if applicable.
You are permitted to sell your base of business anytime you choose by providing a copy of the sale agreement and incorporating within it these Terms of Service as part of your sale agreement and sending a copy of it to the company for review and approval, which will not be unreasonably withheld.
Your earned commissions will be paid in perpetuity to you or your heirs for as long as your customers continue to subscribe to the company services.
You are free to build your own indpendent rep base training and working with those indpendent reps anywhere in any english speaking country.
IR's may opt to upgrade to the SIR designation or the Founder designation. SIR's may opt to upgrade to the Founder designation. Any business written under the old designation continues at initial level of involvement, and overrides are paid to their sponsor accordingly at that original position.
If you wish to represent our company, without cost, you may join free as an affiliate for our apps product at TheICANetworkApps.com
This TOS constitutes the entire agreement between you and The iCANetwork and governs your use of the Service, superseding any prior agreements between you and The iCANetwork with respect to the Service. Except as expressly set forth in Section 1, the TOS may be modified only in writing signed by The iCANetwork. If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement. Any failure by The iCANetwork to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. You acknowledge that the TOS and any modifications thereto constitute the complete agreement regarding this subject, and supersedes any prior oral or written communications relating to this subject. Report any violation to this TOS to:
Palm City, FL 34991