Upon completion of this Application, Acceptance of the Terms and Conditions and
upon clicking the submit button, you agree to be charged the amount listed
above by American Select. This Application and subsequent approval is subject
to authorization by Amersel and Shared Path.
Shared
Path Member Agreement
This SHARED PATH MEMBER AGREEMENT (this “Agreement”) is made
as of the effective date being the electronic acceptance of this entire
Agreement (the “Effective Date”), by and between SHARED PATH COMMUNITY (SPC), a
corporation organized and existing under the laws of the State of Florida,
U.S.A. with its principal offices located at 1110 Pinellas Bayway, Suite 202,
St. Petersburg, FL 33715, and the SHARED PATH MEMBER (SPM), an
individual or legal business entity (the”Parties”).
WHEREAS,
SPC designs, develops and markets an internet commerce architecture and
infrastructure to sell and market products and services to users of this
internet architecture and infrastructure primarily comprised of SPM websites;
and
WHEREAS,
SPC wishes to provide a semi-customizable website to the SPM at no cost or on a
subscription basis as determined by SPC; and
WHEREAS,
SPM wishes to accept the website according to set forth terms, conditions,
policies, and procedures which may include the execution of an separate
subscription agreement; and
WHEREAS, SPM shall employ its best
efforts to market and promote its SPM website to its universe of potential
users.
NOW, THEREFORE, in consideration of
the mutual covenants and agreements contained herein, the parties, intending to
be legally bound, hereby covenant, and agree as follows:
Section
1 - Shared Path Member Policies and Procedures
These Shared Path Member Policies and Procedures are designed
to inform you about our Shared Path practices and to provide the Shared Path
Member with the rules by which the Shared Path Member is authorized to use and
operate their website.
1.
Only authorized Shared Path Members located within the U.S. are eligible
to become members of the Shared Path System.
2.
Shared Path Members shall be entitled to establish Shared Path Websites
only in accordance with Shared Path approved policies and only on Shared Path
approved Web servers. Membership may not be assigned by Shared Path
Member in whole or in part, by operation of law or otherwise, and any purported
assignment shall be void and of no effect.
3.
Shared Path Member product and services:
a.
Shared Path Member may not sell or display for sale or display
pricing for any product, on any Shared Path website except those
that have been pre-loaded into the Shared Path system by Shared Path.
b.
Only Shared Path products, services and programs may be advertised or
offered on a Shared Path Member’s Site.
c.
The Shared Path products displayed on a Shared Path Member’s Site shall
be limited to those products that the Shared Path Member is authorized to
sell.
4.
Shared Path shall be indemnified from any action arising from any claim
as a result of content displayed on the site by the Shared Path Member or from
any action taken in connection with the sale or service of such products
administered by the Shared Path Member.
5.
Shared Path reserves the right to disable any Shared Path Member Site
that Shared Path, in its sole discretion, deems offensive and/or inappropriate,
or as a result of cancellation of the members Shared Path account or for
any other reasonable cause.
6.
Shared Path Member may link from Shared Path Member's personal website
to Shared Path Member’s Site.
7.
The use of framing techniques is strictly prohibited.
8.
Links from any Shared Path Member’s Site to any site other than their
own personal website is strictly prohibited.
9.
Shared Path reserves the right at its sole discretion to add and/or
delete products listed in the Shared Path online catalog of products and
services.
10.
As a member of Shared Path, access shall be authorized to the Shared
Path database of users of your Shared Path Member Site. As such, Shared Path
Member agrees to abide by and enforce the Privacy Policy contained in this
Agreement.
11.
Shared Path and the Shared Path Parent Group agree that both parties
shall have non-exclusive rights and access to user data collected through the
Shared Path system. The Parties agree to abide by the Privacy Policy which is
included in the User Terms and Conditions Agreement for any use of the data.
12.
Both parties agree to indemnify each other from any misuse of the User
data by the other party.
13.
Due to technical problems, which will occur from time-to-time, and for
other reasons, Shared Path Member Sites may become temporarily unavailable
online to Shared Path Members and users. Shared Path shall have no
liability to Shared Path Members or users for any such unavailability.
14.
Shared Path reserves the right to amend this Shared Path Policies and
Procedures at any time and without prior notice.
15.
Shared Path Member acknowledges that Shared Path is the creator and
owner of copyrights in photographs, artwork, textual material, characters,
software and other expressions provided to Shared Path Member by Shared Path
for use on Shared Path Member's Site and Shared Path grants to Shared Path
Member a non-exclusive license to use such copyrights for the term of the
membership period and any renewals thereof and solely in connection with Shared
Path Member's activities as permitted by these Policies and Procedures.
16.
Shared Path Member Sites must not alter or otherwise damage or diminish
the value of Shared Path trademarks, trade names, copyrights and/or other
intellectual property rights. Shared Path Member's rights and obligations
with respect to the use of Shared Path trademarks and trade names on Shared
Path Member Sites shall be limited to activities which involved the promotion
of Shared Path products and services only.
17.
With respect to each other, Shared Path Member and Shared Path are, and
shall continue to be, independent contractors. Neither Shared Path
Member's participation in the Shared Path program nor anything in these
Policies and Procedures shall be construed to create any association,
partnership or joint venture or the relationship of principal and agent or
franchisor and franchisee between Shared Path and Shared Path Member.
Section
2 - Shared Path User Terms & Conditions
The Shared Path Member and the Users enrolled through a Shared
Path Member Site agree to the Shared Path User Terms & Conditions.
Privacy Policy
This Privacy Policy is designed to inform you about Shared
Path’s practices regarding the collection, use and disclosure of personal
information (includes information that could be used to identify you, such as
your name, address, e-mail address, telephone number, etc.) that you may
provide through your access to or usage of the Site.
1.
Consent - Shared Path does not collect personal
information about you except when you voluntarily provide it. Whenever you
provide either optional or required information through your access to or usage
of the Site, you consent to the collection, use and disclosure of that
information in accordance with the provisions of this Privacy Policy.
2.
When we collect your personal information - Personal
information may be collected in a number of instances. For example, this Site
contains areas that collect information from its visitors through feedback
data, such as questions, comments and suggestions. Some of the information that
you provide through feedback data may be personal information. In addition,
access to certain areas of the Site is restricted. In order to apply for access
to these restricted areas, you are required to submit a registration
application form which may include personal information. Further, some areas of
the Site require you to submit information which may include personal
information in order to benefit from specified features (such as services,
newsletters, e-commerce/order processing). You will be informed at each
collection point what information is required and what information is optional.
3.
Use of Information - Shared Path uses your personal
information to improve the content of the Site and may customize the Site to
your preferences, to create a profile relating to you in order to show you
content that may be of interest to you, to provide the services and features
requested by you and, if you ask us to, to send you information about products,
services, features or promotions that may be of interest to you.
Shared Path may also use your
personal information to create aggregated information that does not allow you
to be personally identified or contacted. Rather than showing individual
activity, aggregated information shows user behavior as a whole. Aggregated
information is used for Site development and to market and promote the Site.
4.
When we disclose your personal information - Shared Path
may disclose your personal information to those of its affiliates and related
companies that agree to treat it substantially in accordance with this Privacy
Policy. Shared Path will not, without your permission, disclose your personal
information to unaffiliated third parties except that Shared Path reserves the
right to disclose your personal information to: (i) third party service
providers for purposes related to supporting our business (e.g., fulfillment
services, technical support, delivery services) and providing you with
information that may be of interest to you (if you have requested to receive
such information as described above) in which case Shared Path will require
such third parties to agree to treat it substantially in accordance with this
Privacy Policy; and (ii) to third parties in connection with the sale,
assignment or other transfer of the business of this Site to which the
information relates, in which case Shared Path will require any such buyer,
assignee or transferee to agree to treat it substantially in accordance with
this Privacy Policy.
Shared Path will otherwise only
release your personal information to third parties in the following limited
circumstances and to the extent permitted by law: (i) if a law, regulation,
search warrant, subpoena or court order permits or requires it to do so; (ii)
if the rights or property of Shared Path, its affiliates or related companies,
third party service providers or the users of the Site are in jeopardy; or
(iii) if the personal safety of users of the Site or other members of the
public are in jeopardy.
Shared Path may disclose aggregated
information that does not allow you to be personally identified to its
affiliates and related companies and to unaffiliated third parties.
5.
How we protect your personal information - Recognizing
that your privacy is important to you, Shared Path employs technical security
measures to protect your personal information. However, no transmission over
the Internet can be guaranteed to be completely secure. Consequently, to the
extent permitted by law, Shared Path, its affiliates and related companies,
third party service providers and their respective officers, directors,
employees and agents do not represent, warrant or guarantee that personal
information will be protected against misuse, loss or alterations and do not
accept any liability arising from the submission of any personal information or
from any third parties' use or misuse of personal information.
The information you provide to
Shared Path via the Internet is password-protected for your privacy and
security. Shared Path uses Secure Socket Layer (SSL) encryption technology in
transmitting such information to our servers to help ensure the integrity and
privacy of the information. It encrypts all of your credit card information so
that the information from your credit card cannot be read as it travels over
the Internet. Encryption involves systematically scrambling numbers and
letters, so that even if someone managed to intercept the information, they
would not be able to make sense of it. In order to take advantage of this
encryption technology, you need to have an Internet browser that will support
encryption, such as Netscape, Microsoft Explorer, Firefox or Safari. As an
additional security measure, the information you provide via the Internet is
also kept physically separate on a separate server which is password protected
and is encrypted and stored on a database.
6.
Changes - Shared Path reserves the right to change this
Privacy Policy at any time by notifying you by posting the changes on this
Site, and you are advised to review this page regularly for any changes. This
Privacy Policy was last updated in July of 2006.
7.
Other Terms - Your use of this Site is subject to the
terms and conditions set forth herein. By accessing or using the Site, you
agree to be bound by the terms and conditions in effect at the time of your
access or use, including this Privacy Policy.
8.
Contacting Us - You can contact Shared Path at
info@sharedpath.org to request access to your personal information or to request that
Shared Path update your personal information. If you believe that Shared Path
has failed to adhere to this Privacy Policy, please contact Shared Path
immediately at info@sharedpath.org.
9.
Cookies - Shared Path may also collect information about
you and your use of the Site through the use of "cookies." A cookie is a small
file that can be stored on your computer's hard drive. Shared Path uses cookies
so that we can better serve you when you return to our site. You may be able to
set your browser to notify you when you receive a cookie, giving you the chance
to decide whether to accept it. However, please note if you disable cookies,
you may not be able to view all the pages or functions within our sites. Our
cookies do not contain any personal information about you so enescoclubs.com
will not be able to determine your identity. During your visit, we will record
information regarding the number of visits you make to the various pages of our
site. This information helps us determine the areas of enesco.com or
enescoclubs.com that are most attractive to our visitors, so that we can make
improvements or add new features based on our visitors' interests.
10.
IP Address - An IP address is a number that is assigned to your
computer when you are using your browser on the Internet. The servers that
serve our web site automatically identify your computer by its IP address. We
do log IP addresses, but the addresses are not linked to individual customer
accounts nor are they used in any other way to personally identify our
customers.
11.
Links to Other Sites - Visitors will find links from Shared Path
sites to independently-owned, controlled and/or managed World Wide Web or
internet sites whose content may be of possible interest to our visitors. In
many cases, but not always, the links represent cooperative projects or mutual
links established with the organizations connected with these sites. While we
initially visit these sites to which we directly link, please note that we do
not control the content that appears on these sites and such content may be
constantly changing. We encourage parents or guardians to monitor their
children's online use, and to help us protect their privacy by instructing them
never to provide personal information without permission.
You should be aware that operators
of linked websites may also collect your personal information (including
information generated through the use of cookies) when you link to their
websites. Shared Path is not responsible for how such third parties collect,
use or disclose your personal information, so you should check their privacy
policies before providing them with your personal information.
12.
Security - Shared Path uses secure server software over a Secure
Socket Layer (SSL) line, the latest technology to protect your credit card
information. SSL is the industry standard and among the best software available
today for secure commerce transactions. It encrypts all of your credit card
information so that the information from your credit card cannot be read as it
travels over the Internet.
13.
Survey Responses - Periodically, Shared Path will encourage Users
to participate in surveys or contests. The information we collect from these
surveys is used to improve your overall User experience. Any User
submitting responses through this vehicle automatically grants permission for
their response to be stored and used for improvement evaluation.
Service and Product Changes
Shared Path reserves the right at its sole discretion to add
and/or delete products listed in the Shared Path online catalog of products and
services.
Technical Problems
Due to technical problems, which will occur from time-to-time,
and for other reasons, Member Sites may become temporarily unavailable online
to Members and customers. Shared Path shall have no liability to User for
any such unavailability.
We Make No Warranty
Certain services may be provided 3rd parties, as such, the
service “as-is,” “with all faults” and “as available.” Shared Path does not
guarantee the accuracy or timeliness of information available from the service.
Shared Path gives no express warranties, guarantees or conditions. You may have
additional consumer rights under your local laws that this contract cannot
change. We exclude any implied warranties including those of merchantability,
fitness for a particular purpose, workmanlike effort and non-infringement.
Website Content, Copyrights and Trademarks
User acknowledges that Shared Path is the creator and owner of
copyrights in photographs, artwork, textual material, characters, software and
other expressions as viewed by User on the Shared Path site. The entire content
included in this web site, including but not limited to the text, graphics,
images, and code, as well as any individual images or photographs, are
copyrighted under the United States and other copyright laws, and is the
exclusive property of Shared Path. Any use, including any reproduction,
distribution, display, or transmission of the content of this site or
individual images or photographs on this site is strictly prohibited. All other
company, brand and product names are trademarks of their respective
holders. While every effort is made to ensure the information on this web
site is accurate; designs, features, services, descriptions, colors, and
pricing are subject to change without notice.
To view Shared Path's Privacy Policy – Terms & Conditions
regarding website information and the use of User/Consumer information, please
visit www.SharedPath.org and select
“Privacy Policy / Terms & Conditions” tab at the bottom of the page.
Questions?
If you have any questions regarding this Agreement, our Privacy
Policy or User Terms and Conditions, you may contact Shared Path
at:
Shared Path
1110 Pinellas Bayway
Suite 202
St. Petersburg, FL 33715
Email: info@sharedpath.org
Shared Path reserves the right to amend this Shared Path User
Terms & Conditions at any time and without prior notice.
Shared Path is a trademark of Bokaboo Holdings, Inc.
Section 3 – Shared Path Member Lead Generation & User Marketing
This Agreement is to provide a significant opportunity for the
Shared Path Member to employ its best efforts to market and promote its Shared
Path Member Site to its universe of potential users to generate leads for
Shared Path products and services, enlist user enrollment on the Shared Path
Member Site, and seek participation in purchasing Shared Path products and
services via participating vendors and/or affiliates.
1.
Mortgage Products & Services. The Shared Path Member shall
make the best effort to fulfill the initial portion of the business interest by
securing qualified candidates and completing the necessary information forms of
those individuals seeking mortgage loans irrespective of race, religion,
socio-economic status or country of origin. This information may be processed
electronically by the user who must enroll as a Shared Path User upon
initiating an application on the Shared Path Member Site.
2.
Insurance Products & Services. The Shared Path Member shall
make the best effort to fulfill the initial portion of the business interest by
securing qualified candidates and completing the necessary information forms of
those individuals seeking insurance products and services irrespective of race,
religion, socio-economic status or country of origin. This information may be
processed electronically by the user who must enroll as a Shared Path User upon
initiating an application on the Shared Path Member Site.
3.
Credit Card Services. The Shared Path Member shall make the best
effort to fulfill the initial portion of the business interest by securing
qualified candidates and completing the necessary information forms of those
individuals seeking credit card services irrespective of race, religion,
socio-economic status or country of origin. This information may be processed
electronically by the user who must enroll as a Shared Path User upon
initiating an application on the Shared Path Member Site.
4.
On-line Site Stores. The Shared Path Member shall make the best
effort to market and seek participation by its user universe in purchasing
products and services from Shared Path On-line Site Stores. Any transactions
shall be processed electronically by the user who must enroll as a Shared Path
User upon initiating a transaction on the Shared Path Member Site.
5.
Affiliate Sites. The Shared Path Member shall make the best
effort to market and seek participation by its user universe in purchasing
products and services from Shared Path Affiliate Sites. Any transactions shall
be processed electronically by the user who must enroll as a Shared Path User
upon initiating a transaction on the Shared Path Member Site. The user will
complete the transaction at the affiliate website.
6.
Other Products & Services. Additional products and services
may be added at any time by Shared Path. The Shared Path Member shall employ
its best efforts to market and promote its Shared Path Member Site to its
universe of potential users to generate leads for Shared Path products and
services, enlist user enrollment on the Shared Path Member Site, and seek
participation in purchasing Shared Path products and services via participating
vendors and/or affiliates.
Section 4 –
Compensation
The completion of each business unit, lead and/or transaction
shall result in the generation of net revenue and/or net gross profit. The
Shared Path member shall receive a fee and/or tithe equal to ten (10%) percent
of the total net revenue and net gross profit generated by users who utilize
and/or patronize the Shared Path Member Site. Shared Path reserves the right to
amend this compensation and dispersal timing at any time with thirty (30) days
prior notification of Shared Path Member via electronic and/or written notice.
1.
Compensation Dispersal. Distribution of compensation earned by
the Shared Path Member shall take place on the tenth (10th) of the
month following the end of the fiscal month in which the net revenue and/or net
gross profit is received by Shared Path. The Shared Path Member shall receive
an accounting of completed units of the business interest.
2.
All expenses shall be the responsibility of the Parties, separately and
in accordance with this agreement.
Section
5 – Addendums
Subscription Addendum All individuals and/or
businesses not directly affiliated with a non-profit member, parent group
and/or master group shall be required to process a paid subscription for the
use of the Shared Path System and to receive a Shared Path Member Site. The
subscription agreement will include a one-time set-up fee and may include an
annual maintenance fee. CHECK IF APPLICABLE ?
Registered Representative All individuals and/or
businesses who are registered representatives of an Insurance/Financial
Services Company are required to read, agree, and adhere to the Registered
Representative Compliance addendum. CHECK IF APPLICABLE ?
Section
6 – General Provisions
1.
Entire Agreement. This Agreement supersedes all prior agreements,
arrangements, and understandings between the parties and constitutes the entire
agreement between the parties relating to the subject matter hereof.
2.
Confidential Information. Shared Path and the Parent Group shall
hold the Confidential Information in strict confidence and shall not use or
disclose the same except to its employees and agents on a need-to-know basis
provided such employees and agents have agreed in writing to be obligated to
the same extent as the Parties to protect the Confidential Information.
3.
Waiver. No waiver is enforceable unless in writing and
signed by the waiving party, and any waiver shall not be construed as a waiver
by any other party or of any other or subsequent breach.
4.
Amendments. Shared Path reserves the right to amend this
Agreement at any time and without prior notice.
5.
Governing Law. This Agreement shall be governed by the laws
of the State of Florida.
6.
Assignment and Binding Effect. Neither this Agreement nor
any of the rights, interests or obligations hereunder shall be assigned by any
Shared Path Member. This Agreement shall be binding upon and for the
benefit of the parties hereto and their respective heirs, permitted successors,
assigns and/or delegates.
7.
Integration and Captions. This Agreement includes the
entire understanding of the parties hereto with respect to the subject matter
hereof. The captions herein are for convenience and shall not control the
interpretation of this Agreement.
8.
Fees, Costs and Expenses. Each of the parties hereto
acknowledges and agrees to pay, without reimbursement from the other party
(ies), the fees, costs, expenses incurred by each such party incident to this
Agreement.
9.
Consents and Authorizations. By the execution herein below,
each party acknowledges and agrees that each such party has the full right,
power, legal capacity and authority to enter into this Agreement, and the same
constitutes a valid and legally binding Agreement of each such party in
accordance with the terms, conditions and other provisions contained herein.
10.
Severability. In the event anyone or more of the provisions
of this Agreement shall be deemed unenforceable by any court of competent
jurisdiction for any reason whatsoever, this Agreement shall be construed as if
such unenforceable provision had never been contained herein.
11.
Force Majeure. Neither party shall be in default hereunder by
reason of any failure or delay in the performance of any obligation under this
Agreement where such failure or delay arises out of any cause beyond the
reasonable control and without the fault or negligence of such party. Such
causes shall include, without limitation, storms, floods, other acts of nature,
fires, explosions, acts of God, acts of terrorism, acts of war or civil
disruption, strikes or other labor unrest, embargoes and other governmental
actions or regulations which would prohibit either party from ordering or
furnishing Products or from performing any other aspect of their obligations
hereunder, delays in transportation, public utility failures, and industry-wide
shortages of labor or material.
12.
Compliance with Laws and Regulations. In exercising their rights
under this Agreement, both parties agree to comply strictly and fully with all
applicable laws and regulations.
13.
Currency. All use and reference to currency in this Agreement and
Exhibits are in United States Dollars.
14.
Electronic Execution. This Agreement may be executed via
electronic means such as through the Shared Path website by clicking acceptance
