Terms

Completion and submission of your online or offline acceptance of the terms indicates that you have read, fully understand, agree and accept the following terms and conditions as a customer, affiliate or both.

Each customer and affiliate agrees to all the terms and conditions contained herein and holds WhoIsDirectory.com (WID) free from any and all liability that may result from this agreement between the customer, affiliate and WhoIsDirectory.com.

Customers may sign up as affiliates at no additional charge with WhoIsDirectory.com. Customers do not and are not eligible to receive or earn commissions whatsoever. If a customer refers another customer to the WhoIsDirectory.com, that referring customer will not receive any commissions for that referral.

If customers wish to receive commissions, the customer must sign up as an affiliate which is free. Affiliates receive and earn commissions on the sales of WID websites and web hosting offered by WhoIsDirectory.com. (See Commission Earnings below for complete details). As an affiliate, you agree that you are an independent contractor and are not subject to withholding, nor entitled to any other benefits, entitlements, or accommodations other than those legally provided for in the Commission Earnings portion of these terms. All liabilities for taxes, record keeping, reporting of state, national, or local taxes and/or licenses are the sole responsibility of the affiliate.

Guaranteed Income

As an independent affiliate, you agree that neither WhoIsDirectory.com nor any of its customers or affiliates have guaranteed or implied any income, whatsoever. Any income that may be received by you as an independent affiliate will be solely based upon the sale of WID websites and web hosting. As an independent affiliate of WhoIsDirectory.com, you agree you will not make any claims of income, or guarantee of income, either directly or indirectly.

Corporate Promotional Material

All promotional material for promoting WhoIsDirectory.com is provided by the company. However, affiliates may promote WhoIsDirectory.com using their own generic referral methods as long as the generic advertising (email, ads, solo ads, PPC advertising, newspaper, magazines, etc.) is within company guidelines of income projections, etc.

Spam Policy

In order to protect our customers and affiliates and to ensure the long-term growth and success of WhoIsDirectory.com, the company maintains a ZERO tolerance policy toward the sending of spam email. Spam email is defined as Unsolicited Commercial Email (UCE). In the event that you send spam email to people without their permission, you risk immediate cancellation of your account and forfeiture of all contacts and commissions in that account. As an affiliate, you understand that WhoIsDirectory.com neither condones nor tolerates the sending of spam email by its customers or affiliates. You understand and acknowledge that: Any customer or affiliate who violates this policy will have their account terminated, without refund, and without recourse. You may view the CAN-SPAM Act at the link directly below which is provided by the Federal Trade Commission. 

www.ftc.gov

Here’s a rundown of the law’s main provisions:

It bans false or misleading header information. Your email’s “From,” “To,” and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.

It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.

It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a “menu” of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor’s email address.

You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. It’s illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.

It requires that commercial email be identified as an advertisement and include the sender’s valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you.

2008 CAN-SPAM Law Update - The new rule provisions address four topics: (1) an email recipient cannot be required to pay a fee, provide information other than his or her email address and opt-out preferences, or take any steps other than sending a reply email message or visiting a single Internet Web page to opt out of receiving future email from a sender; (2) the definition of “sender” was modified to make it easier to determine which of multiple parties advertising in a single email message is responsible for complying with the act’s opt-out requirements; (3) a “sender” of commercial email can include an accurately registered post office box or private mailbox established under United States Postal Service regulations to satisfy the act’s requirement that a commercial email display a “valid physical postal address”; and (4) a definition of the term “person” was added to clarify that CAN-SPAM’s obligations are not limited to natural persons.

Profanity, Hate, Violence or Illegal Matter

Any and all material containing profanity, hate, violence or illegal matter is strictly prohibited. Therefore any link submitted that contains any such material at our discretion will be immediately deleted. Customer or affiliate agrees to indemnify and hold harmless any other customer or affiliate or WhoIsDirectory.com from any claims resulting from the use of the services that damage other customers or affiliates, or any other parties.

Billing

WhoIsDirectory.com shall initiate debits or request payment for WID websites on an annual basis for each individual WID website purchased. The WhoIsDirectory.com shall initiate debits or request payment for web hosting on a monthly basis for each individual WID website purchased. Customers and affiliates are responsible for providing and maintaining up-to-date payment information. WhoIsDirectory.com will not be held liable should customer’s or affiliate’s payment information become outdated, invalid, or inaccessible at Clickbank for any reason. All customers or affiliates must use MyDomainCheckout.com for all domain registration. Accounts are in default if the payment information on file becomes outdated, invalid, or inaccessible.

CLICKBANK AND MYDOMAINCHECKOUT HOLD ALL PERSONAL BILLING INFORMATION AND WhoIsDirectory.com HAS NO ACCESS TO THIS INFORMATION.

Affiliate Responsibilities

It is the affiliate’s responsibility to maintain his/her profile with the most recent and current information. This includes a complete mailing address, email address, payment information, and Social Security number, if applicable. All liabilities for taxes, record keeping, reporting of state, national, or local taxes and/or licenses are the sole responsibility of the affiliate. This includes any and all affiliate information on Clickbank.

Commission Earnings

WhoIsDirectory.com pays commissions to qualified affiliates based on the sales of the WID websites and web hosting. WhoIsDirectory.com does not pay commissions based solely on recruiting other affiliates. Affiliates who earn commissions earn a full 37% of the cost of WID websites sold through the referring affiliate's efforts. That is 37% of the initial purchase price of a WID website package which is $9.95 for the initial setup minus Clickbank fees. Every month thereafter, the subscription is only $9.95 for the monthly maintenance and any updates. The affiliate will earn 37% of the $9.95 minus Clickbank fees which equals about $3 monthly. Affiliates also earn $3 per month per referred web hosting account. Earned commissions will be paid to U.S. and international affiliates who qualify to receive commissions.

Affiliates will be paid using Clickbank. It is the responsibility of the affiliate to keep his/her own information current and up to date so that he/she receives a successful payment from Clickbank. There are no exceptions. WhoIsDirectory.com uses what we believe to be the best online payment services to fit the needs of the company, its customers and affiliates. WhoIsDirectory.com takes no responsibility for the actions, reliability, or accessibility of any online payment service or processor. All customers and affiliates must use www.MyDomainCheckout.com for processing ALL Domain names purchased in association with the WhoIsDirectory opportunity. WhoIsDirectory.com uses Clickbank to take care of account setup, maintenance, paying of affiliate commissions and order-related support needs which relate to the WID websites and web hosting.

Refunds

After the initial 60 days of the purchase of a WID website, there are absolutely no refunds given. If a refund is given within the 60 days, the customer’s or affiliate’s WID website will be automatically and immediately shut down and the customer’s or affiliate’s account will be terminated. To reinstate a customer’s or affiliate’s WID website, the customer or affiliate will need to pay the full initial setup and activation fee again for their WID website.

Communication With Affiliates

All personal information submitted from customers or affiliates is kept in strict confidence and is not sold or shared with any third party except Clickbank and MyDomainCheckout which is needed for integration purposes.

CLICKBANK AND MYDOMAINCHECKOUT HOLD ALL PERSONAL BILLING INFORMATION AND WhoIsDirectory.com HAS NO ACCESS TO THIS INFORMATION.

Customers and affiliates agree to accept all communication from WhoIsDirectory.com. Communication may be in the form of email communication at the email address listed. Such communication shall include, but not be limited to program updates, sales material, new product announcement, enrollment notification, billing statements, commission reports, collections, record keeping, etc.

All postal correspondence should be directed to:

WhoIsDirectory.com
4542 Washburn Ave. N.
Minneapolis, MN 55412
USA

Terms and Termination

This agreement is effective until terminated. A customer or affiliate may terminate this agreement by cancelling their subscription at Clickbank. Customer’s and affiliate’s rights under this agreement will terminate immediately without notice from WhoIsDirectory.com if a customer or an affiliate fails to comply with any provision of this agreement.

Warranties

WhoIsDirectory.com makes no warranties of any kind, whether expressed or implied, for the WhoIsDirectory websites and hosting service(s) or information it is providing. WhoIsDirectory.com will not be responsible for any damages suffered. This includes any loss resulting from interruptions, delays, non-deliveries, miss-deliveries of service caused by any customer or affiliate errors or omissions, loss of electricity or natural phenomenon. Use of any information obtained via WhoIsDirectory.com is at your own risk. WhoIsDirectory.com specifically denies any responsibility for the accuracy or quality of information obtained through its services. WhoIsDirectory.com is not responsible for any data loss due to computer glitches or other instances that may be out of the control of WhoIsDirectory.com.

In using WhoIsDirectory, you agree that: WhoIsDirectory.com is a service provided “as is” with no guarantees or implied warranties whatsoever. WhoIsDirectory.com submits the information you have provided through our submission form to the search engines. WhoIsDirectory.com has no control over how your information is ranked after it is submitted. Some search engines may not accept your submission, or may take up to 6 months to include your website. You agree that your website does not contain any profanity, hate, violence or illegal matter and that your site does not link to sites that contain profanity, hate, violence or illegal matter content. It is necessary for your IP address, name and email address to be logged for security reasons, to prevent abuse of the service, and to receive the WhoIsDirectory.com updates.

You will accept, review and keep the confirmation/thank you emails sent out by WhoIsDirectory.com which include important information about your login and site submission. You will enter or add the WhoIsDirectory.com email address into your address book/contact list to make sure you receive all emails. This address is:  admin@whoisdirectory.com

You may discontinue your WhoIsDirectory.com website at any time. However, WhoIsDirectory.com does not prorate for any reason, therefore you will not receive any money back from discontinued service(s). To begin your website again after your service has been discontinued, you must pay the initial WhoIsDirectory.com start-up fee again.

Modification of Services

All customers or affiliates acknowledge and agree that WhoIsDirectory.com may, with or without notice, modify, delete, or amend the services, commissions, marketing material, and/or website provided hereunder. Further, customers or affiliates acknowledge and agree that WhoIsDirectory.com may further modify, delete or amend the Terms of Agreement from time to time, including charging or changing a fee or fees for some services. In either event, WhoIsDirectory.com will notify customers or affiliates of any modification, deletion or amendment on the website by email. If a customer or an affiliate does not accept the modification, deletion or amendment, the customer or affiliate must terminate customer’s or affiliate’s relationship at that time. Any and all use of the website or the services by customer or affiliate after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the services, website or Terms of Agreement.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, neither WhoIsDirectory.com nor any parent entities, affiliates, officers, or employees shall be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of customer’s or affiliate’s access to, use of, inability to use, or reliance on the service, the materials on or through the service or the website, or with any of the terms of agreement. Customer’s and affiliate’s sole and exclusive remedy is to discontinue using the service and website. Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

This agreement shall be governed by the laws of the State of Minnesota and the United States.

These Terms and Conditions, last modified on January 2, 2009, supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with Terms and Conditions of any order submitted.

Use of WhoIsDirectory.com services constitutes acceptance of these Terms and Conditions.

Earnings Disclaimer

Every effort has been made to accurately represent the WhoIsDirectory.com website. There is no guarantee that you will earn any money using the techniques and ideas in these materials. We cannot be held responsible for any affiliate's marketing abilities or the lack thereof. Examples in these materials are not to be interpreted as a promise or guarantee of earnings.

Earning potential is entirely dependent on the person using the product, ideas and techniques. We do not guarantee any income. Incomes may vary due to one's own marketing abilities and the time and effort spent promoting the WhoIsDirectory domain names, websites and hosting. Any claims of success in attaining the results claimed in our materials depend on the time and effort an affiliate devotes to the program, ideas and techniques mentioned. Finances, knowledge and various skills depend on these variables. Since these factors differ according to individuals, we cannot guarantee an affiliate's success or income level.

We are also not responsible for any of the actions of our affiliates. Every affiliate is an independent affiliate and is in no way a partner with Frank A Trueblood, WhoIsDirectory.com or part owner of www.MyDomainCheckout.com. Some affiliates may make less and some affiliates may make a lot more. We have tried to provide every single affiliate with suggestions to help him/her market and to become as successful as possible using our marketing materials as well as their own concepts, marketing materials and abilities.

As an independent customer or affiliate, you agree that neither WhoIsDirectory.com nor any of its customers or affiliates have guaranteed or implied any income whatsoever. Any income that may be received by you as an independent affiliate will be solely based upon the sale of WhoIsDirectory.com websites and web hosting. As an independent customer or affiliate of WhoIsDirectory.com, you agree you will not make any claims of income or guarantee of income, either directly or indirectly. As an independent customer or affiliate of WhoIsDirectory.com, you agree to use the pay plan and its figures on the WhoIsDirectory.com website to illustrate potential earnings.

As an independent affiliate of WhoIsDirectory.com, it is suggested that you visit and read through the FAQs and also the More Info page before you start promoting the WhoIsDirectory opportunity. The better acquainted you are with the WhoIsDirectory opportunity, the better you should do in your marketing efforts. Knowing the full scope of what makes the WhoIsDirectory opportunity such a great business will be a great benefit to any affiliate who is promoting the WhoIsDirectory domain names and website packages.