Terms of Service for Members of the Software Platinum Club .com and The Software Platinum Club Affiliate Program.

Software Platinum Club Terms And Conditions

The following sections cover the full legal terms and conditions of membership as well as for our affiliate program

Terms And Conditions

Introduction.
This Agreement is a legal document which sets out your rights and obligations, and those of The Software Platinum Club, ("we" or "us"), in relation to this site and the services offered by The Software Platinum Club through it. By registering for The Software Platinum Club, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to this website who do not register to become a Member (see clause 2 below) similarly affirm that they are bound by this Agreement each time they access this website. You should be aware that this Agreement may change from time to time in accordance with further clauses below.

Membership.
People who register for The Software Platinum Club become "Members". They must be at least 18 years of age. We have the right to refuse you access to the site or any of its resources, and to terminate or suspend your access at any time, without notice.

Registration.
You undertake to register for The Software Platinum Club using accurate and current information about yourself.

Privacy policy.
Our Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy.

Our Role.
You, whether you are a Member or just a non-Member who visits this website, acknowledge that we are not and cannot be responsible for the behaviour of Members, whether on this website or outside of it.

Operation of The Software Platinum Club.
The Software Platinum Club reserves the right to withdraw or modify The Software Platinum Club or its associated services at any time, without notice. There may also be times when the The Software Platinum Club website or its associated services becomes unavailable, whether on a scheduled or unscheduled basis. We will do our best to keep The Software Platinum Club and all of it's services online and operating at a 100% level.
Be advised that this may not be feasible through factors beyond our control.

Termination Of Membership
Your Membership may be terminated by yourself or by us at any time, without giving notice or reason. Where you terminate your own membership or ask us to terminate it for you, access to your membership will cease at the end of the period for which you have already paid. Where we terminate your membership, we may at our discretion terminate access to your membership immediately with a refund of an appropriate proportion (up to a maximum of 100%) of your most recent payment to us or if you ask for a refund at any time during your membership it will be pro-rated for the remaining monthly fee paid. Once your membership has been terminated either by yourself or by us, you will not be allowed to join again. If you wish to re-join the The Software Platinum Club you must state the reason why you allowed your membership to lapse and it is up to our sole discretion to allow a reinstatement of your membership. Any person choosing to re-join is not eligible to request future refunds whether whole or in part. I.E. Pro-rated refunds.

Misuse of the The Software Platinum Club .
We reserve the right, at our sole discretion, to suspend or terminate any Member's access to the The Software Platinum Club at any time, without giving notice or reason. Members suspended or terminated in this way will be handled in accordance with the "Termination Of Membership" clause above. Any person whose access has been suspended or terminated must not re-register for, or re-access, The Software Platinum Club without our prior written consent.
You agree not to share your membership password, code or any other private information that you receive from The Software Platinum Club.com with any individuals or Company(s) and that you further agree to safeguard all of the aforementioned, I.E. membership password, code or any other private information provided by us and intended solely for paid members.

Refunds
Full refunds are available during the first month of membership and are intended solely as a means of assisting new members to assess whether the membership is suitable for their needs. Members requesting a refund during their first month of membership are required to delete all software, ebooks and other material downloaded from The Software Platinum Club members area from their PC, websites and any backup devices, disks or tapes. Once such a refund has been issued, former members of The Software Platinum Club are no longer licensed to use, own or sell any material obtained from the members area. Members requesting refunds are not eligible to re-join The Software Platinum Club without our permission. Any person choosing to re-join is not eligible for any future refunds whether whole or in part.I.E. Pro-rated refunds.
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Prohibitions.
You are responsible for ensuring that no information you enter, or which is posted through a machine on which you access The Software Platinum Club or its associated services, nor any activity or communication you make in connection with The Software Platinum Club or its associated services, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, racist, unreliable or misleading.

Alerting Us.
If you see any member who appears to be infringing this Agreement, then please inform us by emailing mike@softwareplatinumclub.com .

Copyright.
Although some of the software, ebooks, templates and graphics available through The Software Platinum Club may be designed to look like they were created by you, you don't own copyright to them and are simply licensed to sell and use them subject to our terms and conditions. You acknowledge that all copyright and other intellectual property rights in and relating to The Software Platinum Club are owned by The Software Platinum Club. Exclusive copyright for all software available in The Software Gold Club is owned by The Software Platinum Club. The copyright remains the exclusive property of The Software Platinum Club. No-one may copy, distribute, show in public or create any derivative work from The Software Platinum Club, or any of the software or other material which is found on this website unless properly licensed to do so by us.

Disclaimer and Release.
The materials in this site are provided "as is" and without warranties of any kind either express or implied.The Software Platinum Club disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.The Software Platinum Club does not warrant that the functions contained in the materials, resources or services offered will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.The Software Platinum Club does not warrant or make any representations regarding the use or the results of the use of the materials, resources, or services offered by this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not The Software Platinum Club) assume the entire cost of all necessary servicing, repair or correction. Under no circumstances shall The Software Platinum Club be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if The Software Platinum Club has been advised of the possibility of such damages. In no event shall The Software Platinum Club's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Non-excluded Liabilities.
Nothing in this Agreement limits The Software Platinum Club's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

Indemnity.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access The Software Platinum Club.

Assignment.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of The Software Platinum Club assign or dispose of this Agreement.

Entire Agreement.
This Agreement includes our privacy policy, disclaimer policy, anti-spam policy, earnings disclaimer policy. Together they contain the whole of the agreement between us and you concerning The Software Platinum Club and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.

Changes to this Agreement.
The Software Platinum Club reserves the right to change this Agreement from time to time, and post the new version on this website, and without notice. You are advised to check the contents of this Agreement on a regular basis, and cancel your membership if at any time you do not agree with the contents of this Agreement. Your continued use of the Service implies your continued acceptance of this Agreement.

Severability.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

Law.
This Agreement shall be governed by and construed in accordance with the laws of The United States of America. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the State of Washington, City of Vancouver, Clark County and you consent to such jurisdiction and venue.

Contact.
Contact information for The Software Platinum Club is as follows: The Software Platinum Club, mike@thesoftwareplatinumclub.com

The Software Platinum Club Affiliate Agreement

Affiliate payments are made at the end of each month for the previous months earnings. For example, any sales made in January will be paid at the end of February. This system allows any refunds to be deducted before the payment is made.

Amounts of less than $20 remain in your account and are not paid until the total reaches $20 or more.

This agreement describes the entire terms and conditions for participation in The Software Platinum Club Affiliate Program.

In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to The Software Platinum Club

Commissions
You will receive commission as stated on The Software Platinum Club website from orders placed through your Affiliate links. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product(s) ordered. Commissions will only be paid on sales that are made through qualified Affiliate links.

Payment
Software Platinum Club shall post and maintain, on a current basis, a designated password-protected Web page for each Affiliate showing the Affiliate's participation in the Program including number of potential customers referred by it and an estimate of the Sales Commission owing to it. The Software Platinum Club shall, at the end of each month, email or otherwise transmit the Sales Commission representing the amount payable for the sales completed in the previous month. Sales statistics of the referred transactions, supporting the amount paid, shall be made available on the Affiliate's private site. Affiliates will receive the Sales Commission in US funds via Paypal.com.

Order Fulfilment
The Software Platinum Club will be solely responsible for processing every order placed by a customer on the Affiliate Site. You are not authorized to sell any product(s) from your site as a "reseller".

Customers
Customers who purchase product(s) through the Affiliate Program will be deemed to be customers of The Software Platinum Club. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices, commissions and availability of our Product(s) may vary from time to time.The Software Platinum Club policies will always determine the price paid by the customer.

Unsolicited Commercial Email or SPAM
The Software Platinum Club in no way participates in mass unsolicited emailing (i.e. spamming),(see our Anti Spam Policy) and all Affiliates are expected to adhere to this policy. Violation of this policy will result in the termination of this contract and immediate dismissal from the Software Platinum Club Affiliate Program, with all affiliate payments being forfeited.

Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement.

Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either The Software Platinum Club or you may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination by email or other means. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to all websites belonging to The Software Platinum Club.

We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:

· Promote sexually explicit materials;
· Promote violence;
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
· Promote illegal activities; or
· Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.

Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.

Disclaimers
We make no express or implied warranties or representations with respect to The Software Platinum Club Affiliate Program or your potential to earn income from The Software Platinum Club Affiliate Program or The Software Platinum Club membership site. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Law
This Agreement shall be governed by and construed in accordance with the laws of Of The United States of America. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located inThe State of Washington, City of Vancouver, Clark County , and you consent to such jurisdiction and venue.

Assignment
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Miscellaneous
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

Anti-Spam Policy Notice for http://www.softwareplatinumclub.com

This Anti-Spam Policy Notice governs the use of the web page at and its associated services, web pages, domains and sub-domains, which are owned and operated by Mike Donovan ("Owner"). Wherever this Notice refers to "users" it means "you", while "we" or "our" refer to Mike Donovan and "Web Site" refers to http://www.softwareplatinumclub.com.

This sets forth our policy with regard to the use of "Spam" marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your rights and close any active account.

We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.

We reserve the right to terminate your account and participation in our programs "for cause" if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.

If you are "spammed" by anyone regarding our products, services, web site, or any other matters, please report this activity to Mike Donovan by visiting the web page at http://www.softwareplatinumclub.com or emailing him at mike@softwareplatinumclub.com

Use of this site signifies your acceptance of the following:
Disclaimers-Privacy Policy-Terms of Service & Anti-Spam Policy