Terms Of Use
By registering as an Advertiser or Publisher, you are bound to these terms of use.
Terms of Use For Publishers/Affiliates
Terms of Use for Publishers/Affiliates
This Affiliate Service Agreement (the "Agreement") is made by and between Wealth Seminars Pty Ltd, a Brisbane, Australia limited liability company ("Wealth Seminars"), and you, as an Affiliate user of the Wealth Seminars service ("You", "Your", "Affiliate").
To be an authorized Affiliate of Wealth Seminars, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the Wealth Seminars Service as an Affiliate. By signing up for Wealth Seminars, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the Wealth Seminars Service as an Affiliate.
PRIVACY POLICY
Wealth Seminars respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your company. We will not sell Your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. If You have any questions about Your privacy rights, contact us at info@wealthseminars.com.au
The following agreement is summarized as follows:
* You place our banners anywhere on your site as you see fit, or within non-spam emails.
* We may email you concerning new merchant programs
* We might change the service here and then
* Adult, Hate, or other related sites are not allowed
* You will be paid your commissions, at such time as your account balance is over $500 at the end of a calendar month
* All statistics are collected and calculated by Wealth Seminars and will be the only valid stats used for determining commissions.
* Any page that contains Wealth Seminars links, banners, or code must be written in English.
* As an affiliate, you will not click on the banners you place on your website. This is strictly prohibited and we will seek compensation from you if you perform this action.
* Your physical address listed for receiving cheques MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be in the USA. If you choose Russia as a country, you must be in Russia.
* You won't hold us liable for anything, a link to a non-Wealth Seminars Web site does not mean that Wealth Seminars endorses or accepts any responsibility for the content or the use of such Web site.
* You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
* You may place banners or links within your newsletters, in content of your website, or within other web related content.
* Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assesed once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will an affiliate ever owe monies to Wealth Seminars. based on fees - the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.
* NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
* NOT ALLOWED: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
* NOT ALLOWED: Any display of a merchant window that isn't the result of a direct click by the end-user.
* Failure to abide by these rules could mean termination from a given merchant program, or from Wealth Seminars completely with a complete forfeit of commissions.
* Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
* If you run or utilize an incentive website, you MAY participate in Wealth Seminars pay-per-click and pay-per-lead programs ONLY IF you receive specific written (fax or email are ok as well) permission from the merchant. You must also copy this specific permission to us, and that permission must detail exactly what kind of incentive your users have to click the links. Without this permission, your commissions may be voided. You are allowed to participate in any pay-per-sale programs without any special permission.
DEFINITIONS
"Performance Marketing" occurs when e-businesses ("Merchants") and individual web sites that generate their own traffic ("Affiliates") partner to drive traffic to the Merchant's Web site and the Merchant pays a reward or bounty when the Visitor referral results in a sale, lead, click, or other measurable action.
"Affiliate" means a site that is rewarded for a legitimate sale, lead, click, or other measurable action by a Visitor, and uses the Wealth Seminars Service to facilitate applications, tracking, reporting, and receipt of commission payment.
"Merchant" means a Web site that pays a reward for a legitimate sale, lead, click, or other measurable action by a Visitor, and uses the Wealth Seminars Service to facilitate sign-ups, tracking, reporting, and issuance of commission payment.
"Visitor" means any person, or user that clicks on a Link to a Merchant's Web site placed on an Affiliate's Web site.
"sale commission" means the Payout the Merchant agrees to pay for Visitors referred to the Merchant's Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.
"lead commission" means the Payout the Merchant agrees to pay for Visitors referred to the Merchant's Web site that results in the Visitor performing an action defined by the Merchant. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 30 days. If an action occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.
"click commission" means the Payout the Merchant agrees to pay for a valid click from an Affiliate Partner's site to the Merchant's site that results in the Merchant's Web site being viewable to the Visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, which criteria may change from time to time.
"Payout" means the amount sale commission, lead commission, or click commission established and agreed upon by Wealth Seminars and the Merchant. The Payout may be expressed as a set amount or as a percent of sales.
"Commission" means the amount sale commission, lead commission, or click commission established and agreed upon by Wealth Seminars and the Merchant. The Commission may be expressed as a set amount or as a percent of sales.
"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, serves a Merchant's Web site to the Visitor's browser. The Link may be in the form of text, a product image, a button, a banner or any other format acceptable to the Merchant, and defined only through the Merchant's program on Wealth Seminars.
"VOID" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchant's may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
"Your Account" means a separate, specific account within the Service that is credited with Your Commissions and other earnings.
THE SERVICE
Wealth Seminars has developed and operates a service (the "Service") which allows Web sites to run and/or participate in Performance Marketing programs. You wish to become an Affiliate of Wealth Seminars and utilize the Service as an Affiliate. As an Affiliate of Wealth Seminars you will be establishing arrangements with third party organizations, called Merchants. All Affiliate relationships established between You, the Affiliate, and Wealth Seminars Merchants, will be conducted and managed through the Service.
LINK PLACEMENT
As an Affiliate of the Service, you may place and remove Merchant Links on Your site and in Your email messages at Your discretion.
AFFILIATE PAYMENT
You will receive a Commission for sending a Merchant authorized sales, leads, and/or clicks via Your Links. In order to place Links, You must first be approved by a Merchant to become an Affiliate of that Merchant's program. You understand that the Payout amount may be changed at any time. This information is also available to You at the Wealth Seminars Member's Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from Wealth Seminars. Payments are made automatically at the end day of each month when Your account balance reaches $500 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by a Merchant, Wealth Seminars may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to Wealth Seminars.
SERVICE AND SUPPORT
Wealth Seminars will provide support for the Service as indicated on the Wealth Seminars Web site.
EMAIL CONTACT
Wealth Seminars reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any Wealth Seminars related products and services.
CHANGES TO THE SERVICE
Wealth Seminars reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Wealth Seminars will notify You via e-mail, newsletter or the Wealth Seminars Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
REGISTRATION
To sign up as an Affiliate of Wealth Seminars and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and have a valid business name and ABN.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN Wealth Seminars: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide Wealth Seminars with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that Wealth Seminars may rely on any data, notice, instruction or request furnished to Wealth Seminars by You which is reasonably believed by Wealth Seminars to be genuine and to have been sent or presented by a person reasonably believed by Wealth Seminars to be authorized to act on Your behalf. You shall notify Wealth Seminars by e-mail at contact@WealthSeminars.com.au of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Wealth Seminars and referral to the appropriate law enforcement agencies.
ACCEPTED USE
You represent to Wealth Seminars that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Wealth Seminars may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to Merchant site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links or submit multiple leads to Your Merchant partners.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the related Merchant for that Link.
Points or reward programs for click or lead programs are NOT allowed. Wealth Seminars RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF Wealth Seminars. If You are terminated from the Service, Wealth Seminars has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join Wealth Seminars.
LIMITED WARRANTY
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Wealth Seminars DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Wealth Seminars SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Merchant will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
Wealth Seminars OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Wealth Seminars SERVICE OR ANY INFORMATION PROVIDED ON THE Wealth Seminars WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Wealth Seminars OR A Wealth Seminars AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Wealth Seminars LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Wealth Seminars, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless Wealth Seminars and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Wealth Seminars agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Wealth Seminars's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
NON-DISCLOSURE
Wealth Seminars acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. Wealth Seminars agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Wealth Seminars, that becomes available to Wealth Seminars from third parties without knowledge by Wealth Seminars of any breach of fiduciary duty, or that Wealth Seminars had in its possession prior to the date of this Agreement. Wealth Seminars does not collect information about a Merchant's customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. Wealth Seminars reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Wealth Seminars deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Merchant's sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
A Merchant may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant's ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.
REPRESENTATIONS
Wealth Seminars makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-Wealth Seminars Web site does not mean that Wealth Seminars endorses or accepts any responsibility for the content or the use of such Web site.
NONASSIGNABILITY
Affiliate or Wealth Seminars may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
JURISDICTIONAL ISSUES
This Agreement shall be governed by Queensland, Australia law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Queensland, Australia and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Terms of Use for Advertisers
Advertisers on Wealth Seminars (including Partner/Affiliate websites) ("Site") identified as "Advertisers" or "Advertiser" agree to be bound by the following terms and conditions.
1. All amounts owing to Wealth Seminars Pty Ltd (ACN 127 102 818) ("Wealth Seminars") by Advertisers must be paid within 30 days of the date of invoice notwithstanding any errors or omissions in any advertisement placed on the Site. Wealth Seminars may charge Advertisers interest on late payment at the rate of 12.5% per annum and reserves the right to recoup any collection costs incurred from the Advertiser. Wealth Seminars also reserves the right to disable your account with Wealth Seminars without notice and refuse to supply further services to your organisation if your invoice is not paid within our required trading terms.
2. As a condition of using any services supplied by Wealth Seminars, Advertisers must comply with the Human Rights and Equal Opportunity Commission Act 1986 (C'th) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business. Where an exemption to comply with the legislation has been granted, the exemption number must be included in the advertisement submitted to Wealth Seminars.
3. Wealth Seminars may review seminar advertisements prior to publication. Wealth Seminars reserves the right to withdraw without notice to the Advertiser (at the option of Wealth Seminars) any advertisement that may in Wealth Seminars view be in breach of any clause of this agreement or of any law or regulation. Wealth Seminars also reserves the right to terminate this agreement if the Advertiser posts any advertisement that may be in breach of any law or regulation. Further, Wealth Seminars reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.
4. Advertisers indemnify and will keep indemnified Wealth Seminars, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Wealth Seminars in connection with:
1. any breach of this agreement by the Advertiser;
2. any negligent act or omission by the Advertiser;
3. the listing or proposed listing of any advertisement by an Advertiser on the Site or any related site; or
4 an actual or alleged breach by an Advertiser of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the Advertiser's advertisement appearing on the Site.
5. Wealth Seminars cannot and does not guarantee or warrant to the Advertiser that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
6. Wealth Seminars provides no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. Wealth Seminars agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to the Site will be remedied as quickly as possible.
7. Wealth Seminars will not be liable for any delay or failure to perform its obligations under this agreement if such a delay or failure is due to circumstances beyond its reasonable control.
8. Wealth Seminars makes every effort to avoid errors in advertisements it has agreed to post to the Site. However, Wealth Seminars accepts no responsibility or liability for any errors and requires that Advertisers check their advertisements for errors as soon as they are placed on the Site(s). All reasonable efforts will be undertaken by Wealth Seminars to edit errors brought to Wealth Seminars's attention as soon as reasonably possible.
9. Wealth Seminars agrees to use reasonable efforts to publish advertisements in the shortest possible time. Wealth Seminars is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing an advertisement.
10. The Advertiser warrants and undertakes that:
1. it has the legal capacity and power to enter into this agreement and perform its obligations under it;
2. advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
3. all files delivered to Wealth Seminars will be free of infection or viruses; and
4. it will not use the Site for any illegal purpose.
11. Advertisers agree at all times to deal with any information or products provided by Wealth Seminars or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
12. Advertisers agree not to use the Site to post any pyramid scheme on the Site.
13. Advertisers agree not to use any feature of the Site to send unsolicited commercial email to registrants , whether individually or as a group. Tools may only be used to communicate with registrants about the specific seminars to which they have applied. Database tools may only be used to communicate with registrants about specific Seminars which match Advertiser preferences.
14. Advertisers must not make false or misleading statements in their advertisements.
15.Advertisers must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
1. Fair Trading Acts in all applicable States and Territories;
2. Privacy Act 1988 (Cth) including the National Privacy Principles; and
3. Estate Agents Acts in all applicable States and Territories.
4. ASIC / ASX Regulations for Financial Products and Services
5. Corporate and Director Law
16. Advertisers are not permitted to link from Wealth Seminars's advert pages to any external websites/externally hosted application forms without Wealth Seminars's express written approval. Such approval is subject to strict terms and conditions.
17. Unless specified in this agreement, Advertisers may not post Seminars to the Site under locations that the seminar will not be located in. Wealth Seminars reserves the right to charge an Advertiser applicable standard casual rate for any Seminar posted to any location specified above in breach of this clause.
18. Advertisers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without Wealth Seminars's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
19. Advertisers agree that Wealth Seminars retains all intellectual property rights contained in any of the goods and services provided to you by Wealth Seminars.
20. Advertisers acknowledge and agree that Wealth Seminars acts as a medium through which individuals seek seminar opportunities and that Wealth Seminars does not vet nor is it responsible for vetting candidates or the representations (whether oral or in writing) made by them. Wealth Seminars disclaims all liability for any loss, costs, damages or loss of profits sustained as a consequence of any Advertiser engaging any person sourced through the Wealth Seminars Site.
21. Advertisers understand and agree that the following actions constitute a new/additional seminar advertisement under this agreement: copying a seminar; reposting an archived or deleted seminar; extending a seminar ad beyond original term (known as "renewing" and this can occur on multiple occasions); changing a zone classification and refreshing any seminar posting. Refreshing is the process of deleting and re-posting the same or substantially similar seminar advertisement. In addition, Advertisers understand and agree that when you post ads on Wealth Seminars via a bulk data import process, changing a seminar reference number also constitutes a new seminar ad. If an Advertiser is using a bulk data import process, the Advertiser must ensure that they understand the effect bulk data importing may have on renewing (refer to definition above) ads as Wealth Seminars will count all new/additional seminar advertisements against the Advertiser's account and will invoice the Advertiser accordingly. Changes to seminar ad body copy and ad title or location, type and industry categories within the existing zone do not constitute a new seminar ad, regardless of the method used to post the ad.
22. Advertisers acknowledge and agree that they must only advertise one seminar per seminar date on to the Wealth Seminars Site. Where Advertisers have breached this obligation and have advertised multiple seminar ads for the one seminar, Wealth Seminars reserves the right to charge the Advertiser for the number of seminars advertised in the one seminar advertisement posted on to the Wealth Seminars Site
23. Access to the registrant database is available only to Wealth Seminars Advertisers who have been approved for search capabilities.
24. Advertisers may access and use the information stored on the registrant database solely for the purpose of identifying registrant whose preferences for location, type, industry match the Advertisers advertisements with Wealth Seminars. Advertisers must not use or forward a registrant without their permission.
25. Advertisers agree that pursuant to the Privacy Act 1988 (Cth), Wealth Seminars may obtain from either a credit reporting agency or other credit providers:
1. personal credit information about the Advertiser and/or its directors for the purpose of assessing an Advertiser's commercial credit application; and
2. a consumer credit report about the Advertiser for the purpose of collecting overdue payments relating to commercial credit owed by the Advertiser.
26. Advertisers must ensure that advertisements posted to the Site are posted to the appropriate category of the Site and the onus is on Advertisers to ensure that they familiarise themselves with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
27. Wealth Seminars reserves the right and Advertisers must accept as a condition of advertising on the Site, Wealth Seminars's right to re-classify advertisements posted to the Site, entitling Wealth Seminars to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
28. Wealth Seminars reserves the right at all times without the need to have to provide any notice to Advertisers, to alter the functionality and appearance of its products and services available from Wealth Seminars or through the Wealth Seminars Site, where Wealth Seminars believes changes are required in order to promote a consistent experience for those using the Site or to enable Wealth Seminars to provide a more relevant ranking of seminars appearing on the Site for seminar seekers, including but not limited to the appearance of the seminar advertisements appearing on the Wealth Seminars Site
29. Advertisers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Wealth Seminars without Wealth Seminars's prior written approval.
30. If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
31. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
32. This agreement is governed by the laws of Queensland. Advertisers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.