1.1 Use of this Website and the Software Services provided by Boticsoft through subscription to this Website and the Software Services (individually and collectively the "Services") only upon your acceptance of these Terms of Service/License To Use Software.
1.2 Your use of the Services indicates your acknowledgment and agreement to these Terms of Service/License To Use Software. If you do not agree to be bound by and comply with all of the foregoing you may not access or use the Services. We suggest you print a copy of this document for your records. BY USING THIS SERVICE, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ENTER INTO BINDING AGREEMENTS EITHER INDIVIDUALLY OR ON BEHALF OF YOUR COMPANY AND ARE NOW COMPLETING SUCH A BINDING AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND ALL OTHER ADDITIONAL OR CONTRARY DOCUMENTS, OR REPRESENTATIONS, WRITTEN OR ORAL, ARE HEREBY REJECTED AND SHALL NOT BE BINDING.
1.3 The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service/License To Use Software without notice or liability to you. Any changes to these Terms of Service/License To Use Software shall be effective immediately following the posting of such changes. You agree to review these Terms of Service/License To Use Software from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service/License To Use Software shall constitute your acceptance of all such changes.
1.4 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART AT ANY TIME AND IN ITS SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF SERVICE/LICENSE TO USE SOFTWARE.
1.6 IN ADDITION TO ANY OTHER TERMS AND CONDITIONS SET FORTH ANYWHERE IN THIS AGREEMENT OR UNDER APPLICABLE LAW, AFFILIATE SHALL NOT BE ENTITLED TO RECEIVE ANY AFFILIATE FEE FOR ANY MEMBER UNLESS AND UNTIL SUCH MEMBER HAS BEEN APPROVED AND QUALIFIED BY THE COMPANY AS A QUALIFIED MEMBER. FOR THE REMOVAL OF ANY DOUBT IT IS HEREBY CLARIFIED THAT THE COMPANY RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE, AT ANY TIME, ANY CRITERIA APPLYING TO ANY OF THE COMPENSATION PLANS, INCLUDING WITHOUT LIMITATION, SETTING ANY BASELINE, THRESHOLD, MINIMUM DEPOSITS/EARNINGS AND/OR OTHER REQUIREMENT(S) FOR QUALIFYING INTO ANY OF THE COMPENSATION PLANS AND/OR FOR RECEIVING ANY AFFILIATE FEE SET FORTH HEREUNDER.
2.1 You must be at least 18 years old to be eligible to use the Services. However, if you are at least 13 years old but not yet 18, you may use the Services only if you have your parents or guardians prior permission. No one under age 13 may use the Services under any circumstances. By clicking the subscribe button you are representing that you are at least 18, or that you are at least 13 years old and have your parents permission to register for the Services.
3. Your Conduct
3.1 Inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Company prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company, including but not limited to:
3.1.1 Using any device, software or routine to interfere or attempt to interfere with the proper working of the Services.
3.1.2 Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure.
3.1.3 Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents.
3.1.4 Participating in a denial-of-service attack against the Services.
3.1.5 Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through the Services any material that is unlawful, threatening, or violates the rights of others.
3.1.6 Accessing data not intended for such user or logging into a server or account which the user is not authorized to access.
3.1.7 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3.1.8 Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding", "spamming", "mailbombing" or "crashing";
4. User Information
4.1 When you register for the Services, you will be asked to provide Company with certain information including, without limitation, a valid email address and other personal information ("Personal Information"), and you agree that you are submitting such information voluntarily and that you will keep such information up-to-date.
5.1 You are responsible for maintaining the confidentiality of your subscription information, including your username and password, and are responsible for all uses of your username, password, and subscription information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username, password, and subscription information.
6. User Generated Content
6.1 The Services may enable you to submit comments, participate in bulletin boards or forums, or other user generated content to the Company for hosting, display, and distribution to other users. (individually and collectively "UGC"). By submitting UGC, you grant to the Company and any affiliates, representatives, licensors and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, royalty-free license, with, among other rights, the right to grant sublicenses, to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your UGC or portions thereof in any manner, in any medium, and for any purpose.
6.2 Regarding UGC, you shall not: (i) publish falsehoods or misrepresentations that could damage the Services or any third party; (ii) publish material that is unlawful, obscene, pornographic, defamatory, libelous, hateful, threatening, harassing, racially or ethnically offensive, or encourages anything that would be considered a criminal offense, give rise to civil liability, violate any law, violate the rights, harm, or threaten the safety of any person or is otherwise inappropriate; (iii) impersonate another person; or (iv) post advertisements or solicitations for yourself or for any third parties.
6.3 The Company acts as a passive conduit for its users, and the Company has no obligation to screen or monitor communications or information, and has no legal obligation to, and generally does not, control the information provided by other users. Accordingly, you must use caution and common sense when accessing UGC. If notified by a user of communications which allegedly do not conform to these Terms of Service/License To Use Software, The Company may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication.
6.4 By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. The Company does not endorse, represent or guarantee the truthfulness, accuracy, or reliability of UGC and has no liability or responsibility for any UGC or your reliance on UGC. Any such reliance shall be at your own risk.
6.5 The Company is not involved in the actual transaction between visitors. As a result, the Company has no control over the quality, safety or legality of UGC. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Services and UGC, and the Company has no responsibility or liability for any transactions, online or offline, between you and any third party.
6.6 Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. The Company is not and cannot be involved in user-to-user dealings or control the behavior of participants; consequently in the event that you have a dispute with one or more users, you release the Company (and its agents, representatives, partners, directors, officers and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident in the United States, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6.7 All information or advice provided as part of the Services and/or UGC are intended to be general in nature and you should not rely on it in connection with the making of any decision and may not be applicable to your personal or professional situation. The Company is not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of you taking this action.
7. Customer Comments
7.1 We appreciate hearing from our users and welcome your comments. While we value feedback, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or other such materials (“Submissions”).
7.2 If, despite our request, you send Submissions, the Submissions shall be the property of Company. Submissions are not subject to any obligation of confidence and the Company shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to any third parties.
8. Intellectual Property
8.1 The Services, including without limitation all programs and software, complied binaries, interface layout, interface text, documentation and graphics, is the sole property of Company and is protected by copyright laws of the United States and other countries.
8.2 You may not sell or modify the Services content or reproduce, display, publicly perform, distribute, or otherwise use the Services content in any way for any commercial, or non-commercial purpose.
8.3 The name “Boticsoft” or any other Company owned trademarks and trade names, now existing or created in the future, and any variations thereof, are solely owned by the Company and are and shall remain the trademarks and trade names and exclusive property of Company. Any unauthorized use of such trademarks and trade names is unlawful.
8.4 If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
8.4.1 The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
8.4.2 A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
8.4.3 Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
8.4.4 Your name, address, telephone number, and e-mail address;
8.4.5 The following statements or equivalent: "I swear, under penalty of perjury, that (i) the information contained in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(ii) I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
8.4.6 A statement by You, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
8.4.7 Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice, and any such submission may result in liabilities, including perjury.
8.4.8 We have designated as our agent to receive notices of claims of copyright infringement on our Services. You can contact as follows:
Hayley L. Collins
Legal Assistant to Gary K. Price
TERRELL, BAUGH, SALMON & BORN, LLP
700 S. Green River Road, Ste. 2000
Evansville, IN 47715
Telephone No. 812-479-8721
Fax – 812-474-6061
9. License to Use Software
9.1 AS PART OF THE SERVICES OFFERED BY THE COMPANY YOU WILL HAVE ACCESS TO SOFTWARE ON A REMOTE SERVER. IN EACH CIRCUMSTANCE YOU AGREE TO THIS LICENSE TO USE SOFTWARE AND YOU ARE ACCEPTING THE SOFTWARE "AS IS" AND AGREEING TO BE BOUND BY THIS LICENSE AS SET FORTH HEREIN. IF YOU DO NOT ACCEPT THESE LICENSE TERMS DO NOT USE THE SOFTWARE.
9.2 The Company grants a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive License to use the Software in a manner permitted by this Agreement. You may not allow any third party to use the Software and may not use the Software to provide services to any third party.
9.3 You may not rent, sell, lease, grant a security interest, assign, transfer, or grant a sub-license in or to the Software or to this License to any third party.
9.4 You shall not, nor allow any third person to, copy, modify, alter, create a derivative work, decompile, reverse engineer, disassemble, include in other software, or translate the Software, attempt to extract the source code, or use the Software in whole or in part for any commercial or non-commercial purposes.
9.5 The Company retains all ownership, right, title and interest in and to the Software and in all portions of the Software and accompanying documentation, including but not limited to trade secrets, copyrights, trademarks, know how, methodologies and processes.
9.6 You agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or other legally protected materials. You agree not to disclose, provide, or otherwise make available such materials in any form or in whole or in part to any third party.
9.7 Technical support for the Software is provided in the sole discretion of the Company.
10. WARRANTY DISCLAIMERS
10.1 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
10.2 THE COMPANY MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE PROVIDED UNINTERRUPTED, DELAYED, ERROR FREE, SECURE, OR WITHOUT MISTAKES OR INACCURACIES, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR OTHER SUCH CONDITIONS OR THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE.
10.3 THE COMPANY MAKES NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE SERVICES OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER OR OTHER DEVICES. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES OR AGENTS WILL HAVE ANY LIABILITY FOR ANY SUCH UNAUTHORIZED ACCESS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR EQUIPMENT AND COMMUNICATIONS.
10.4 THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
10.5 YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE, OR A RESULTING LOSS OF DATA.
11. LIMITATION OF LIABILITY
11.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE USING THE SERVICES.
11.2 THE COMPANY, ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES OR AGENTS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR ACCESS TO AND USE OF THE SERVICES, OR YOUR INABILITY TO ACCESS AND USE THE SERVICES, (II) ANY UNAUTHORIZED ACCESS TO YOUR STORED INFORMATION; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. YOUR LIABILITY
12.1 IF YOU CAUSE A TECHNICAL OR OTHER DISRUPTION TO THE SERVICES YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.
13. Indemnification and Legal Remedies
13.1 YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, OR DEMANDS, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY DISRUPTION TO THE SERVICES CAUSED BY YOU, OR DUE TO YOUR USE OF AND ACCESS TO THE SERVICES IN VIOLATION OF THIS AGREEMENT.
14.1 These Terms of Service/License To Use Software, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in the City of Dover, State of Deleware in connection with any action arising out of or related to these Terms of Service/License To Use Software or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens in any such action.
16. Applicable Law Regarding Limitation of Liability
16.1 To the extent The Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of The Company’s liability shall be the minimum permitted under such applicable law.
17. Force Majeure
17.1 The Company shall not be liable for any suspension or termination of the Services caused by a force majeure event, which shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident breakdown of plant or machinery, fire, flood, storm or default of suppliers, and any other acts, events, omissions or accidents. The Company may suspend the operation of the Services for support or maintenance work, in order to update the content or for any other reason.
18. Additional Terms
18.1 These Terms of Service/License To Use Software, and other relevant documents and agreements constitute the entire agreement between you and the Company with respect to the use of the Services.
18.2 Nothing in this Agreement shall be construed to form a partnership, joint venture, or employer/employee relationship between you and The Company.
18.3 The Company makes no claims that the Services may be lawfully accessed in any specific country. Access to the Services may not be legal by certain persons or in certain countries, may require government authorization or registration, or the payment of fees. When you access the Services, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction. In addition, use of the Service, including transferring or uploading data, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including but not limited to exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list.
18.4 Unless otherwise expressly stated, nothing herein shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favor of any other third party.
18.5 If any court having competent jurisdiction holds any provision of these Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect.
18.6 No waiver or failure to insist on strict compliance with any of the provisions contained herein shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Service/License To Use Software.
Boticsoft SPECIAL MEMBERSHIP TERMS - LEAD REDISTRIBUTION PROGRAM
Your purchase of Solutions provided by Boticsoft (the “Company”) indicates your agreement to Membership status and acknowledgment and agreement of these Special Membership Terms. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use the Solutions. We suggest you print a copy of this document for your records.
These Special Membership Terms relate to your participation in our Lead Redistribution Program, that redistributes leads generated by Members to other members within the network.
All purchasers of Solutions are automatically enrolled in the Lead Redistribution Program.
Lead Redistribution Program
All leads generated by you, the Lead Originator, will be included in the Lead Redistribution Program, and the Company shall have the full rights to redistribute, sell or lease any such leads to other members within the network that are related to different offers during the term of your use of the Solutions and thereafter.
You waive all ownership rights over any leads you generate in the system and agree that the Company retains 100% ownership and is the sole intellectual property owner of all such data generated by its members.
Leads generated by the network use variables that auto insert the name of a lead, the name of a member sending the message, links to offers being promoted for the Lead Redistribution Program along with links that provide content to the leads during daily follow up. As a participant in the Lead Redistribution Program the leads you generate will become part of the Lead Redistribution Program messages to those leads will include your name within the message itself as being sent directly by you even if you no longer have active membership in the system.
The Lead originator will receive a commission whenever a lead generated by you is sold through the Lead Redistribution Program. Commissions for only for paid, opted in results.
To receive commission payments, you must be active and in good standing, including up to date compliance with reseller policies, software terms and all outstanding fees owed.
Company reserves the right to end compensation payments at any time without written notice.
Purchase of Leads
As a Lead Purchaser you will pay for the text message credits accrued from the sending and receiving of messages sent to your purchased leads.
Leads purchased cannot be reused in another and different sales-funnel other than the one to which you are currently subscribed, as each lead purchase is limited to a single offer use.
If a Purchased Lead, from any source, opts into another of your sales-funnels which was not the sales-funnel the lead for which the Lead was purchased, you agree to pay an additional use charge of $5 for each opted.
Lead purchases can take up to thirty (30) days to deliver.
The Company sends out daily follow up messages as well as text messages to leads purchased as follow up messages on your behalf up until that lead opts into another offer, without a fee. However, single messages sent or received by you are charged to you.
You will not be charged for messages sent by the system once a lead is redistributed, instead the responsibility for those text message charges or transferred to the new acquiring member of that lead.
If a lead that was purchased opts into another funnel in our network the new purchaser will be responsible for the text message credits sent to that lead from the Company’s systems, or by the member who acquired the lead will now be transferred to that member.
As a purchaser of a lead for a specific offer, you will still be able to send and receive single messages to that lead even after the lead has be redistributed to another member, for which there will be a charge.
The Lead Redistribution Program encompasses continuous promotion to leads for offers being promoted, and all text messages sent to leads will be your responsibility to pay for such messages sent and received by the member who originally generated the lead as well as the messages sent by the Company
Once a lead has opted into another member’s offer, the member who purchased the verified lead or the member who captured the lead on another register now takes on the responsibility of paying for all message credits used in sending and receiving messages for the offer until that lead opts out of that offer. All personal message you send and receive with that lead still being charged to you.
If a lead decides to re-opt in to your original offer, you will not be charged a second time for the lead itself, however you will now be paying once again for all system messages that go out to that lead.
Any messages sent and received by you and the lead you purchased will generate a charge for the messages sent and received, for which you are responsible for paying for the life of the lead.
You may not redistribute leads to sales-funnels to which you are subscribed. However, you will be able to promote offers to the leads you generate in the network to which you are subscribed. Sales-funnels in the network each have their own individual subscription fees in order to be a subscriber of the sales-funnel to which you are promoting to your leads.
You shall not send or promote to your leads any offers or Solutions outside of the network, as it would interfere with the Lead Redistribution Program and its parameters on how, when and what is delivered to leads within the Program.
You shall not send messages to leads that would alter in any way the opinion or view of the Company’s network including the promotion of offers outside of the Company’s network or contacting generated leads outside of the network.
Leads cannot be removed from the system and must remain to re-distributed even if the Lead Originator is no longer active in the system.
Since the Solutions provide actual leads instead of traffic we are unable to determine the exact number of leads that are delivered for a Lead Package purchased. Each lead package is sold as an estimated or target delivery amount of leads to be delivered and is not an agreement for the delivery of the full amount estimated at time of purchase.
Any additional leads delivered above the estimated lead amount may be used without any additional fee, although all other charges provided for hereunder will apply.
Once a promotion has begun the Company and you terminate the promotion, the Company will be unable to stop lead opt ins, and you shall be responsible to all fees associated with those leads.
Refunds for any leads purchased for a sales-funnel promoting an offer within our network, if it becomes unavailable to promote any longer, even if that offer goes offline immediately following the purchase of a lead package, there will be no refunds of the fees paid. Notwithstanding the previous sentence, if the leads delivered are below 5% of the estimated delivery amount for the time frame specified by the Company, then at a Member’s request, the Company will initiate a refund for that Lead Package. However once delivery exceeds the 5% there can be no refunds provided for any lead package purchase.
Similarly, there are no refunds for any purchase of software, tools, or sales-funnels, however be able to use the purchased products with another sales-funnel within our network. There is an additional subscription charge for each new sales-funnel.
NEITHER, THE COMPANY, NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES OR AGENTS REPRESENT, GUARANTEE OR PROMISE THE RESULT OR THE OUTCOME OF ANY OFFER BEING PROMOTED WITHIN THE NETWORK.
IN ADDITION TO THE WARRANTY PROVISIONS IN THE TERMS OF SERVICE/LICENSE TO USE SOFTWARE, NEITHER, THE COMPANY, NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES OR AGENTS SHALL FINANCIALLY RESPONSIBLE FOR THE OUTCOME OF ANY OFFER BEING PROMOTED WITHIN THE NETWORK.
You aware that this is now in “BETA stage” and Company will not be held financially responsibility for software glitches.
Some features purchased during BETA stage may be altered, disappear altogether or go through price changes. Company cannot guarantee the performance or consistency of any product or pricing, including the purchase of leads, or that any component will be available upon launch of the Lead Redistribution Program.
Once we move from BETA to alpha stage as a result of optimal efficiency within the lead re-distribution program, members will only pay for what they receive, and will be charged for the over delivery of the leads delivered to such members.
AMENDMENT IIII POLICIES
Boticsoft SMS Data Pages, Lead Broker and Reseller Policies
SMS DATA PAGE POLICIES
SMS Lead Page subscribers do not have to pay sms message costs for purchased leads.
Leads generated through an SMS Data Page can only be sent messages pertaining to the offer they opted into and can’t be sent additional offers outside of the Network.
As an SMS Data Page subscriber, it's your responsibility to communicate with leads regarding the offer they’re inquiring about. Building a relationship with your leads is the key to high conversion.
SMS Data Pages subscribers must remain active to continue to communicate with leads. If your subscription lapses, all missed months must be paid with an activation fee of $45 in order to re-activate.
If a subscriber becomes inactive for a period of 60 days, leads will then be re-distributed in the Network.
2. SMS DATA PAGE PURCHASED LEADS POLICIES
Leads purchased within the Network are leased and not purchased or owned by subscriber.
Leads leased can be marketed to up until the lead is re-distributed to another offer. Subscribers have the ability to communicate with purchased leads up until that time. Once a lead is re-distributed, the ability to send messages to that purchased lead is lost unless repurchased.
Leads leased can’t be sent additional offers without re-purchase even if subscriber has additional SMS Data Pages.
As an SMS Data Page subscriber, you’ll have to ability to send and receive messages with purchased leads without any cost to you. Only leads you personally generate will incur costs when sending and receiving messages.
SMS Data Page subscribers are not allowed to ask leads for their phone number. If you wish to call a lead, you can do so by clicking the call link next to the lead’s name.
LEAD BROKER PROGRAM
Leads personally generated through your SMS Data Pages can earn you income by becoming a Lead Broker in our Network. Being a Lead Broker allows you to earn a passive income from all the leads you generate allowing you a secondary profit center. This additional revenue stream is a great way to help fund your primary business.
Contact support if you wish to learn more about our Lead Broker program.
3. LEAD BROKER AND RESELLER POLICIES
As a Lead Broker, it's your responsibility to communicate with leads regarding offers being sent to them by the system. Building a relationship with your leads is the key to high consistent income. The stronger your relationship is with a lead, the greater outcome for the Advertiser.
Lead Brokers are responsible for paying the SMS costs for all messaging between leads.
Leads can only be sent system offers and can’t be sent offers directly from Lead Broker or Advertiser.
Lead Brokers and Software Resellers are not allowed to ask leads for their phone number. If you wish to call a lead you can do so by clicking the call link next to the leads name.
Lead Brokers and Software Resellers must remain active to continue to be paid. If a Lead Broker or Software Resellers subscription lapses, all missed months must be paid with an activation fee of $45 in order to re-activate.
If a Lead Broker or Software Reseller does become inactive, their leads will continue to be re-distributed without payment of commissions; however, commissions are not lost and can be re-claimed upon re-activation.
User Agreement & Membership Terms
By joining as a member of Boticsoft.com and making a purchase of it’s products you are agreeing to participate in our lead redistribution program that utilizes leads generated by members to then be sold and redistributed to other members within in the network.
As a member you are agreeing that leads you generate as a member within our network will be included in the lead re-distribution program allowing Boticsoft corp the full rights to redistribute, sell or lease any leads generated within the network by one of its members.
Leads collected by members are continually re-sold to other members within the network representing different offers. Furthermore Boticsoft.com reserves the right to utilize member generated data in any way the company sees fit including but not limited to selling or making data available outside of the network.
By joining you are giving Boticsoft.com the right to re-distribute any leads you generate within its network granting Boticsoft corp full rights over all leads generated to ensure the future integrity of the lead re-distribution program with leads you generate as a member, even after your membership status is no longer active in the system.
By participating in the lead redistribution program you understand that as a member within our network using our system to generate leads that you waive full ownership rights over any leads you generate in the system and agree that Boticsoft corp retains 100% ownership and is the intellectual property owner of all data generated by its members.
As a member you are aware that leads entering the network are sent messages using variables that auto insert the name of a leads, the name of a member sending the message, links to offers being promoted for the lead redistribution program along with links that provide content to the leads during daily follow up.
As a member you are agreeing to and giving full rights for Boticsoft.com to send messages to the leads you generate to then be used for the lead redistribution program sending those messages using your name within the message itself as being sent directly by you even if the member whose name being used in communication with that lead is no longer an active member in the system.
Member Lead Terms
You as the lead originator are the recipient of the commission generated whenever a lead generated by you in the network is sold through the re-distribution program. Commissions for leads are paid only when a lead is sold to another member through the redistribution program which decided to optin to the offer being promoted.
Members do not earn compensation for the redistribution of a lead but solely on the successful optin of the lead into the offer the lead is being redistributed to.
Members are not able to redistribution leads to sales-funnels they themselves are subscribed to however, members will be able to promote to the leads they personally generate in the network offers within the network in which they are subscribed to. As a member you understand that sales-funnels in our network will each have their own individual subscription fee that must be paid in order to be a subscriber of the sales-funnel you’re promoting to your leads.
Boticsoft reserves the right to send messages to leads using the the member's name who generated the lead or has purchased the lead, even if the member(s) account is no longer active.
You also agree to not send messages to leads that would alter in any way the opinion or view of the Boticsoft.com network including the promotion of offers outside of the Boticsoft network or informing leads of your in-active status within the Boticsoft network.
As a member you agree to not send or promote to your leads any offers outside of the network. Members within the network are prohibited from promoting such offers as it would interfere with the lead redistribution programs algorithm and its rules on how, when and what is delivered to leads within the lead re-distribution program. No web links can be sent to leads for products and services outside of the network, leads can not be copied, downloaded or taken out of system and used anywhere else.
To ensure the integrity of the lead redistribution program Boticsoft.com must have full autonomy of leads at all times even if a the member who originally created the lead is no longer an active member of Boticsoft.com.
Boticsoft reserves the right to continue to use leads generated by a member in the lead re-distribution program even if the member who generated the lead is no longer active in Boticsoft or has been terminated.
SMS Messaging Terms:
As a member you agree that it’s your responsibility to pay for the text message credits accrued from the sending and receiving of messages sent to and received from your leads between you and your leads as well as the messages sent and received on your behalf sent by Boticsoft system for the follow up or promotion of other offers.
Member also agrees to pay for the text message credits accrued for any messages sent or received in the to attempt to re-distribute such leads to other members offers within our network.
Boticsoft sends out daily follow up messages as well as text messages for the promotion of offers within the lead re-distribution program as a result of that lead being purchased by another member.
During the promotion of another offer as a result of continuous promotion to leads for offers being promoted as a result of the lead redistribution program, all text messages sent to leads will be your responsibility to pay for such messages sent and received by the member who originally generated the lead as well as the messages sent by Boticsoft.com
Any messages sent to a lead by our system will be billed to you up until the lead opts into another offer, Messages sent and received by you and not by the system will still be charged to you even after that lead has been redistributed to another member.
Once a lead has opted into another offer in the network the member who purchased the lead will now have the responsibility for paying all message credits sent to that lead by the system only.
Once a lead has opted into another members offer as a result of that lead being purchased by such member or has subscribed to another members offer on an entirely unconnected register, the member who purchased the verified lead or the member who captured the lead on another register now takes on the responsibility of paying for all message credits used in sending and receiving messages for the offer in which they purchased the lead for until that lead opts out of that offer keeping in mind all personal message you send and receive with that lead still being charged to you.
If a member who purchases a lead becomes inactive, charges for the sending of leads will remain with the member who purchased the lead until that lead is re-distributed to other members offer and has opted to receive messages from such offer.
Commission Payouts Clause
By joining as a member with Boticsoft.com you agree to relieve Boticsoft corp, its partners, members, vendors or business associates of any compensation due to a member for the sale of any software sold by such member as well as commissions for the sales of leads within the lead redistribution program generated by such member for any reason including but not limited to if the company is sold or becomes publicly traded relieving Boticsoft corp of control on decisions that may be made by a new board.
Member agree that in order to receive commission payments for leads or any other product sales which would create a commission for such member, a members must be active in good standing with quickliser.com including up to date with with any reseller policies, software terms and all outstanding fees owed to Boticsoft corp paid up to date and that your reseller status is active.
Boticsoft reserves the right to end compensation payments at anytime without notice for sales made by members for all products and services Boticsoft offers including lead sales.
We reserve the right to withhold payment for any leads redistributed in the network and are under no legal obligation to pay for such leads redistributed or resold within the system.
Lead Purchase Clause
Unlike software purchased within our network which carries a (3) refund policy, leads on the other hand do not fall under the (3) refund policy but instead carry (0) day refund policy as leads can’t be refunded once purchased due to the fact that we begin the marketing to fulfill leads purchased immediately after order to provide quicker delivery of those leads.
Providing a (3) refund policy would make it that we would not be able to start your lead delivery process until after the (3) days has passed which would have to be standardized as a rule for lead purchases made by all members including repeat buyers who are attempting to keep a continuous lead flow.
So by joining today you are agreeing that there are no refunds for any leads purchased and that all lead sales of leads are final and are being purchased at your own risk.
Additional Lead Purchase Terms
As a lead purchaser you agree to pay for the text message credits accrued from the sending and receiving of messages sent to leads you’ve purchased by you and the Boticsoft system for the offer you purchased the leads for.
Leads purchased can not be reused in another sales-funnel you’re promoting and currently subscribed to, as each lead purchase is limited to a single offer use.
If a lead you’ve purchased opts into another one of your sales-funnels which was not the sales-funnel the lead was purchased for, the member agrees to pay an additional use charge of that lead of $5 an optin per lead.
Even if that lead happens to stumble on one of your additional offers on the internet or a link is given verbally to a lead, as a purchaser of that lead you will charged for the additional optin to that new offer the lead opted into even if there was no recorded action in which promoted the lead to optin to one of your other offers.
You are also agreeing and fully aware that Boticsoft sends out daily follow up messages as well as text messages to leads purchased as follow up messages on your behalf up until that lead opts into another offer, however, single messages sent by you or received by you from that lead are charged to you.
You will not be charged for messages sent by the system once a lead is redistributed, instead the responsibility for those text message charges or transferred to the new acquiring member of that lead.
If a lead that was purchased opts into another funnel in our network the acquiring member will now be responsible for the text message credits sent to that lead from the Boticsoft system or by the member who acquired the lead will now be transferred to that member.
Because you are the purchaser of a lead for a particular offer in which the lead was purchased, you will still be able to send and receive single messages to that lead even after the lead has be redistributed to another member within the network which you will be charged for.
If a lead decides to re-optin to your offer you originally purchased the lead for, you will not be charged a second time for the lead itself for that original offer it was purchased for, however you will now be paying once again for all system messages that go out to that lead.
Any messages ever sent and received by you and the lead you purchased will generate a charge for the messages sent and received that you are responsible for paying for the life of the lead.
Boticsoft reserve the right to send messages to leads purchased using the the member's name who purchased the lead, even if such member's account is no longer active.
Lead Delivery Terms
Do to the unique nature of our program in which we are providing actual leads instead of traffic we are unable to determine the exact number of leads that are delivered for a lead package purchased. Each lead package is sold as an estimated amount of leads to be delivered and is not an agreement for the delivery of the full amount estimated at time of purchase.
Although the estimated amount of leads to be delivered is estimated, the amount indicated in that estimate is the target delivery amount and we do everything we can to ensure the amount presented in the estimate is delivered.
By making your purchase today of a lead package you are aware and agreeing that any purchase of a lead package is an estimated amount and that we can not guarantee the delivery of leads estimated in that amount to be delivered.
If the leads delivered is below 5% of the estimated delivery amount than we can at members request initiate a refund for that lead package. However once delivery exceeds the 5% there can be no refunds provided for any lead package purchase.
By purchasing a lead package you are agreeing to the policy that we can not issue refunds for lead package purchased unless delivery of leads was lower than 5% of target delivery goal of the lead package you purchased.
Leads purchased in the network are purchased knowing in advance that lead packages of any number can not be refunded for non delivery of an estimated target amount of at least 5%, just as leads over delivered to a member above the estimated lead package target amount will not incur any additional charges for any additional lead delivered.
Furthermore, any additional leads delivered above and beyond the estimated lead amount will remain with such member giving them the ability to promote the offer in which the lead package was purchased for and will not be removed from that member's list and as with any lead the member is responsible for paying text message credit for the communication to that lead.
Because marketing has already begun days before a lead is delivered we are unable to stop the optin of a lead from happening once promotion has begun, and so you are agreeing that if an offer ever comes off of the market for any reason that you waive the right to request a refund for that lead.
By joining and becoming a member, you agree that Boticsoft corp, its partners, members, vendors or business associates are not liable nor can refund the purchase of leads purchased for an offer being promoted within our network even if that offer becomes no longer available immediately after the purchases of leads for that specific offer.
Explanation of Terms:
In order to maintain the integrity of the lead re-distribution program the algorithm requires to know the exact amount of data is has available for redistribution at all times on top of which offers the data can and can’t be redistributed to.
If a member had 100 leads that the re-distribution algorithm had already determined as usable data that was free to be re-distributed, it would then at time of delivery run into shortages due to the fact that there was an abrupt change in the data amount in inventory due to the data all of a sudden becoming inaccessible if a member were to remove their data or that the data is unable to utilized as a result of a member becoming inactive.
Because of this reason, leads can not be removed from the system and must remain as usable data to re-distributed even if such member is no longer active in the system.
Product Purchase Partner Clause:
By joining Boticsoft.com and purchasing software for the promotion of an offer presented in one of its sales-funnels you agree by joining Boticsoft.com to not hold Boticsoft corp, its partners, members, vendors or business associates financially responsible for the outcome of any offer being promoted within its network.
We do not represent any claims, guarantees or promises made by any company represented in our sales-funnels before, during or after a purchase is made with the company being presented within our network. So no refunds can be provided as a result of the outcome of the company being promoted within our network by one of our sales-funnels.
By joining you agree to waive your right to a refunds for any purchase of software, tools, sales-funnels, or leads you may have purchased to promote the particular offer which may of either sold out of product or becomes now longer available to market. You will however be able to use the products you purchased instead with another sales-funnel within our network. Just be aware that there will be an additional subscription charge for that new sales-funnel.
Furthermore, leads purchased can not be transferred to additional sales-funnels other than the original sales-funnel the leads were purchased for.
We can not determine the current standing of an offer being promoted by a vendor in our network, we can not guarantee or know ahead of time if the offer will go offline or sell out.
Because of this reason there can be no refunds for any leads purchased for a sales-funnel promoting an offer within our network if it becomes unavailable to promote any longer, even if that offer goes offline immediately following the purchase of a lead package set to be delivered for said offer.
By joining our membership or purchasing of one of our products today, you are agreeing that you’re aware that we are in “BETA stage” and can not be held financially responsible for software or lead redistribution glitches that may occur.
Because Boticsoft corps products and lead re-distribution feature is currently in BETA, and you are joining as a BETA tester, you are agreeing to not hold liable Boticsoft Corp, its partners, members, service providers or associations for cause of any damages including software not working correctly or the full delivery of products or services including lead packages.
Some features purchased during beta may be altered, disappear altogether or go through price changes, and so during this period we can not guarantee the performance or consistency of any product or pricing for which you have purchased, including the purchase of leads that were not fully delivered as a result of algorithm adjustments made during BETA.
You’re agreeing that you’re fully aware that you’ll be joining during the BETA stage at this current moment, accepting on your own the opportunity to participate in our BETA launch before fully operational. We can not guarantee during BETA stage the features and products sold in our system will work with the lead-redistribution program.
Once we move from BETA to alpha stage as a result of optimal efficiency within the lead re-distribution program, members will only pay for what they receive, and will be charged for the over delivery of the leads delivered to such members.