Terms of Service

Last Updated: 2.20.2010

Introduction

The following constitutes the entire agreement between you and Vendetta Apps, Inc. ("LISTZILLA"), and sets forth the Terms of Service under which you may promote the ListZilla program and under which you are granted a non-exclusive license to use and operate the ListZilla Affiliate and Market Manager software, collectively as ("THE SOFTWARE").

By enrolling as a member, downloading, accessing, or otherwise using THE SOFTWARE, you agree to these Terms of Service and to the conditions contained in both our Privacy Policy and our Anti-Spam Policy. If you do not agree to these terms, you may not use, operate, or distribute THE SOFTWARE in any way, nor may you participate in any Referral Activity or activities LISTZILLA may offer. Since LISTZILLA may find it necessary to update our policies as we grow and expand, we reserve the right, at any time, to modify, alter, or update these Terms of Service without notice and without liability. Your continued participation in the ListZilla program or use of THE SOFTWARE or any LISTZILLA services following the posting of changes to these terms (including the Privacy Policy and Abuse Policy) constitutes your acceptance of such modifications.

1. Nature of Services

LISTZILLA and the List-zilla.com web site are the sole property of Vendetta Apps, Inc. LISTZILLA operates and administrates the List-zilla.com domain as a means for any person to begin the process of building a private email list of potential customers, maintain said list, market, manage, and otherwise promote goods and or services to this list. Although the given list of any member of LISTZILLA is stored and administrated within the List-zilla.com domain, each list is the private property of it's individual owner and each owner retains their rights to remove subscribers, and/or the entire list, at any time.

2. End User License

Your non-exclusive license to use THE SOFTWARE is based on participation as a member in the ListZilla program provided by LISTZILLA and is granted in exchange for your adherence to these Terms of Service for the duration of your participation in said program.

3. Functions of THE SOFTWARE

The purpose of THE SOFTWARE is to provide you with an online email marketing platform designed to facilitate the collection, marketing, and management of an email list, the tracking of email campaigns, and the statistical analysis of all action pertaining to your online email marketing.

4. Refunds

Refunds of LISTZILLA products and services are handled on a per product basis as detailed below:

Market Manager Basic / Lifetime Membership : Contains a full 30 day, money back guarantee. If after 30 days, any LISTZILLA customer or member has not earned at least their purchase price in commissions, they are entitled to a full refund of their purchase price. (less commissions received)
Market Manager Pro : Contains a full 30 day money back guarantee. If within 30 days any LISTZILLA customer is not 100% satisfied with their purchase of Market Manager Pro, they may request a full refund of their purchase price.
Bulk Leads: Contains a full refund policy prior to delivery of product. Since the product is information based and delivered digitally (ie: not recoverable), any customer or member of LISTZILLA may request a refund of their full purchase price. Once the product is delivered, all sales are final. Leads deemed "verified undeliverable" will be replaced at no additional charge.

ANY LISTZILLA CUSTOMER OR MEMBER WHO SUBMITS A CREDIT CARD CHARGEBACK, OR SUBMITS A COMPLAINT TO OUR PROCESSING AGENT WITHOUT FIRST ATTEMPTING TO RESOLVE THE ISSUE WITH LISTZILLA, WILL BE TERMINATED FROM THE LISTZILLA PROGRAM AND THE SOFTWARE, WITHOUT RECOURSE.

5. Referral Activity

The purpose of the built-in Referral Activity is to allow you to build an income, both immediate and residual, based on sales of LISTZILLA products and services for the duration of your participation in the LISTZILLA program.

LISTZILLA makes certain "Promotional Materials" available to you for the promotion of the ListZilla program, which are accessible through your online account manager. Such materials may include banners, buttons, text links, email copy, signature files, etc. and may be updated by LISTZILLA from time to time. You are authorized to use any of the then current promotional materials made available in this manner, and are responsible for maintaining current materials in your promotions. Promotion is restricted to the use of these materials ONLY. Members using un-approved Promotional Materials will be subject to removal from the program and loss of any existing personally referred members. New promotional materials may be submitted to us by members and once approved will be added to the Promotional Area.

As a member you hereby AGREE to receive email from any member of LISTZILLA, or LISTZILLA list to which you are subscribed. Emails received through the LISTZILLA system contain individual unsubscribe links, and members are free to unsubscribe from any list which they no longer wish to receive emails from. Therefore, any member who reports SPAM from an email received from LISTZILLA, or any member in the community will be fined/and or terminated from the program without recourse.

You may not promote your affiliation with LISTZILLA or THE SOFTWARE through the sending of "spam" or "bulk email" under any circumstances. Furthermore, you may not make postings of an advertising nature to any Internet newsgroup, forum, chat room, or other public community, unless that community expressly accepts the posting of such information (almost all do not). Additionally, any commissions generated as a result of spamming will not be remitted.

You may only create one membership. You may not create multiple memberships for yourself and you may not create memberships for anyone else. Any member creating multiple accounts will have their membership cancelled.

6. Commissions

All members of LISTZILLA having purchased our Lifetime Membership, are entitled to receive commissions based on the following schedule:

Market Manager Basic / Lifetime Membership : $3.00 per each sale, per each successive generation of affiliates, not to exceed 6 generations.
All Other Products : $1.00, $2.00 or $10.00 per sale, (dependent on the price paid by the customer), per each successive generation of affiliates, not to exceed 6 generations. Requires active subscription to Market Manager Pro. Those affiliates without an active subscription to Market Manager Pro are eligible to receive commissions of $1.00, $2.00 or $10.00 per sale (dependent on price paid by the customer), on first generation affiliates only.

Commission payments are sent electronically through our processing agent AlertPay.com, and are not, nor will they be, processed by any other means. Commission payments are available anytime the given affiliate holds more then $25.00 in unpaid commisions, and are processed instantly upon request.

7. Administration Fees

LISTZILLA receives no administration fees for this service, but does retain a portion of each sale made as profit, not to exceed 50%.

8. Copyright

All content and information included on LISTZILLA, such as text, graphics, logos, button icons, images, audio clips, and software (collectively, the "Content"), and the arrangement thereof, is the property of LISTZILLA or its content suppliers and protected by international copyright laws. Unless otherwise noted on LISTZILLA, you are authorized to view, download, cache, copy and print the Content solely for your personal use and not for resale or further distribution, subject to the following conditions:

Graphics and other promotional material designed by LISTZILLA specifically for your use on your own web pages are exempt from these restrictions and may be placed on your web pages via the HTML codes LISTZILLA provides you for doing so, but may not be altered in any way.

All Content submitted by members of LISTZILLA remain the sole property of the submitter and no rights are transferred to LISTZILLA or to any other member in any way.

Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited.

9. Trademarks

All trademarks, service marks, and trade names (collectively, "Trademarks") are proprietary to LISTZILLA or other respective owners that have granted LISTZILLA the right and license to use such Trademarks.

10. Other Intellectual Property

Portions of the architecture and infrastructure of THE SOFTWARE are proprietary to and trade secrets of LISTZILLA. You agree not to attempt to decompile, reverse engineer, disassemble, or otherwise reduce THE SOFTWARE to a human perceivable form. Furthermore, YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF FOR ANY REASON WHATSOEVER.

11. Disclaimer

THE CONTENT AND ANY OTHER INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LISTZILLA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. FURTHER, LISTZILLA EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM LISTZILLA FROM THIRD PARTIES NOT ASSOCIATED WITH LISTZILLA

LISTZILLA DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION.

12. Termination

This agreement shall remain effective until terminated by either party.

You acknowledge and agree that LISTZILLA reserves the right to remove your account at any time, without notice, for a violation of these guidelines or for any other reason deemed to infringe on the rights of other members, or to protect the integrity of the ListZilla program or reputation of the Foundation, at the sole discretion of LISTZILLA said removal will result in loss of all commissions without recourse.

Publishing or making false, erroneous, or misleading statements or negative comments about THE SOFTWARE or LISTZILLA will result in termination of your account and loss of commissions accrued.

13. Passwords

Certain areas of LISTZILLA are password restricted to authorized users ("Restricted Areas"). If you have registered as an authorized user to gain access to the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify LISTZILLA if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify LISTZILLA of any unauthorized use of your account or any other breach of security in relation to your password or LISTZILLA which is known to you.

14. Advice Received from LISTZILLA

Any advice, formula, instruction, or any suggestion you receive via LISTZILLA is for informational purposes only and you agree that you are entirely responsible for evaluating the usefulness or safety of any such information.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LISTZILLA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, COMPENSATORY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF LISTZILLA OR A LISTZILLA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LISTZILLA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT(S) DURING THE PERIOD IN QUESTION.

16. Intended Audience

LISTZILLA controls and operates LISTZILLA from its headquarters in Panama. If you use LISTZILLA from outside Panama, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content.

17. Third Party Services

Certain services available for your use on LISTZILLA may be provided by third parties. Your use of such services will be subject to the Terms of Service and privacy policies provided by the applicable third party service providers, and LISTZILLA will have no liability with regard to your use of such services.

18.External Sites

This site contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties ("External Sites"). You acknowledge that LISTZILLA is not responsible for the availability of, or the content located on or through, any External Sites and such links to External Sites do not constitute an endorsement by LISTZILLA of those sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

19. Liability

LISTZILLA will not be liable for indirect or accidental damages (loss of revenue, commissions) due to referral tracking failures, loss of database files, and any results of "intents of harm" to the program or our web site. We do not make any expressed or implied warranties with respect to the Referral Activity and/or products sold at this site. We make no claim that the operation of the Referral Activity and our web site will be error-free and we will not be liable for any interruptions or errors.

20. Referral Tracking

When a prospect clicks through your referral link, a cookie is set in their browser that contains your username. Also, their IP address is tracked in the database along with your username. When this person decides to buy a product, THE SOFTWARE will look for this cookie and/or try to match their IP address to identify the member who will be awarded the commission. Visitors sent through your referral link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.

21. Requirements

You must be of legal working age in your governing jurisdiction and conform to all laws that apply within your state. There is no product purchase required to become a Member and receive commissions in the Referral Activity (subject to specific limitations).

22. General

LISTZILLA does not generally monitor your data or transmissions. However, in LISTZILLA's efforts to promote good citizenship within the Internet community, if LISTZILLA becomes aware of inappropriate use of LISTZILLA or any LISTZILLA product or service available now or in the future, LISTZILLA will respond accordingly.

You assume full responsibility for the legal and responsible promotion of the ListZilla program and the use of THE SOFTWARE and undertake to indemnify LISTZILLA from any claims that may arise by your use thereof.

If you violate these Terms, LISTZILLA reserves the right to terminate service to you without notice. LISTZILLA's preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by LISTZILLA in its sole discretion, will result in immediate termination of service. In the event that your account is temporarily suspended as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by LISTZILLA You understand that LISTZILLA has the right to terminate any account for any reason that LISTZILLA interprets as an abuse of the account.

You agree that LISTZILLA and its licensors may improve, change, and/or discontinue any of its guarantees, products, services, programs, and prices described in LISTZILLA, if any, at any time without notice and without liability to you of any kind, and further agree that LISTZILLA can revise these Terms at any time without notice by updating this posting. You agree that your continued use of LISTZILLA after such modifications have been made constitutes your acceptance of such revised Terms.

Notices under and appertaining to this agreement from LISTZILLA may be sent by LISTZILLA to the last email address of any intended recipient.

Notices under and appertaining to this agreement from licensees must be sent by registered mail to the offices of LISTZILLA.

Any action related to these Terms will be governed by Panamanian Law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Panama City, Republic of Panama, for the resolution of all disputes arising from or related to these Terms and/or your use of LISTZILLA

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of LISTZILLA to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LISTZILLA in writing. The Terms comprise the entire agreement between you and LISTZILLA and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

All other rights not specifically granted in this agreement and End User License are reserved by LISTZILLA.

23. Clarification

If you have any further questions you may contact us directly at compliance@list-zilla.com.