Effective Date: 8:00am (PST), August 21, 2016
App Summit, LLC will be referenced to as (“We”, “Terms of Service,” “TOS”, the “Agreement”, “App Summit”, “AS”, “Forum”, “Website”, or “Network”). The new User will be referred to as (“You”, “User”, “Affiliate”, “Marketer”, or “Member”) of this site, and you agree to follow our Terms of Service made and entered into by and between App Summit (“App Summit” or “we”), and You the party registering to become an App Summit Member. The Terms of Service contained applies to your participation in and with affsummit.io and forum.appsummit.io.
When you register, submit your information, or participate as a member, you expressly consent to our Terms of Service guidelines as outlined in this agreement. All users and members of affsummit.io and forum.appsummit.io will take sole responsibility for their actions. Any and all content, advice, tips, downloads, webinars, videos, pictures, associations, etc. should be taken with a grain of salt, and researched thoroughly before committing any resources, finances, or time. Use of our content that violates our Terms of Service will be the User’s responsibility, and not the liability of App Summit, LLC. It is also your responsibility to use discretion and caution when using our site or dealing with other members due to information being shared through unverified or unsubstantiated sources. App Summit will not be responsible for any losses or liability that may arise from one member to another, or any third party transactions that result in a loss or damage.
Enrollment in App Summit
Visit http://forum.appsummit.io to register yourself as a new member. You must accurately complete the registration to become an affiliate member (and provide us with future updates), and not use any aliases or other means to mask your true identity or contact information. After we review your submission, we will confirm your registration with App Summit, generally within two (2) business days.
Obligations of the Parties
Subject to your acceptance as a member and your continued compliance with our terms of service, App Summit agrees to the following:
- We will provide a platform for you and others to collaborate ideas, concepts, models, landers, campaigns, data, traffic, creatives, images, audio, video, media, programming, and resources related to internet or affiliate marketing.
- We will assist members with information, resources, services, and introductions where possible to help affiliates establish or increase their marketing efforts.
- We will setup scheduled webinars or conference calls in the effort of sharing information, providing insight, assisting with problems relating to campaigns and offers.
- Since we are not an Affiliate Network, we will not be responsible for payment of commissions, or liable for reimbursement for any campaign or traffic.
- App Summit should be considered a tool, resource, or community that offers access to information and resources usually not available to public.
- App Summit will provide services for those that wish to participate. Some of the services included but are not limited to just buying and selling traffic, programming, coding, seminars, webinars, masterminds, mind maps, training, teaching, software, advisory services, bulk traffic buys, technical assistance, consultations, etc. As we grow our community, we will refine our offerings to what we believe are the most beneficial for all members, which will be subject to change if we deem it unproductive.
- App Summit cannot give you legal advice nor can we advise you on your taxes. It will be your duty to find a professional near you that understands your local and federal laws, so you are in compliance. But, we may be able to provide you with resources that will help you find the answers or services you need.
Affiliate also Agrees to
- Take responsibility for their actions within the website or forum. App Summit is a community of individuals networking for a greater cause. We will not tolerate disruptors of the forum, and will immediately terminate your account without notice, if we find you have violated our TOS.
- You agree not to spam, hack, harass, or impose on our websites or community members, and respect their right to privacy.
- You agree not make any representations, warranties or other statements concerning App Summit or others without express written consent of the affected party, products, or services, except as authorized herein.
- You agree NOT to steal, plagiarize, commit fraud, obtain resources illegally, corrupt data, use automated software, repost corrupt data, inject malicious scripts, alter information to make it unstable, spam contacts, hijack traffic, distribute corrupt landers/campaigns, use bots, or inject sniffers or keyloggers. Discovery of any will result in instant termination of account and legal ramifications, as well as full compensation for damage.
- Member agrees to refrain from confrontation, so as not to disrupt the harmony of the community, which includes threats, violence, stalking, verbal abuse, trolling, or any action that would cause other members distress and fear. This can be cause for immediate account termination.
- If an AF member applies to a third party site, partner, network, referral, or other based on our introduction or referral, said member will be on their best behavior and comply with their TOS, Rules, Conditions, and Guidelines, so as not to taint our relationships with all parties. Violation of our Terms of Service will result in the banning of your account without recourse for reinstatement.
- Members of this forum will conduct themselves in a professional manner at all times, and be respective of others preferences and privacy.
- Members that submit resources and information pertaining to internet or affiliate marketing will be truthful and honest in their submission or presentation, so as not to mislead others. Investors providing capital or funds for coop ventures must review and investigate all offers before committing to a contract. App Summit is not liable nor responsible for transactions, agreements, or conduct outside of our website and forum.
- Members cannot distribute, share, copy, post, or misrepresent App Summit’s logos, brand, trademarks, copyrights, trade secrets, members, investors, proprietary content, processes, procedures, or anything that would jeopardize our future success without legal consequences to nonmembers. Contact App Summit if you are not sure what violates our TOS, and we will determine if you need written consent to proceed.
Except as otherwise provided in this Agreement or with the consent of App Summit, you agree that all information including without limitation to the terms of this agreement, business and financial information, customer and vendor lists, data and resources, pricing and marketing information, concerning App Summit or any of our members, affiliates, partners, investors provided by or on behalf of any of them shall remain strictly confidential and secret, and shall not be utilized or exploited, directly or indirectly, by you family, relatives, acquaintance, spouse, friend, partner, company for any purpose other than your participation in our forum or group, except and solely to the extent that any such information is generally known or available to the public through a source other than you or from App Summit. Members or Affiliates shall not use any information obtained from App Summit to develop, enhance or operate a website, company, service, software, app that directly or indirectly competes with App Summit’s Forum or Website, or assists another party to do the same.
Limited License & Intellectual Property
We grant you a nonexclusive, nontransferable, revocable right to use the content and websites to access our members solely in accordance with the terms of this agreement, for the sole purpose of identifying you as a participant in App Summit’s Forum. You may not alter, modify, manipulate or create derivative works of our website or any App Summit graphics, creatives, content or other materials owned by, or licensed to, App Summit in any way. You are only entitled to use the resources to the extent that you are a member in good standing. We may revoke your membership anytime by giving you written notice. Except as expressly stated herein, nothing in this TOS is intended to grant you any rights to any of App Summit’s trademarks, service marks, copyrights, patents or trade secrets. You agree that App Summit may use any suggestion, comment or recommendation you submit without compensation or recourse. All rights not expressly granted in this TOS are reserved by App Summit.
This agreement shall commence on the date of your approval, and shall continue thereafter until terminated as provided herein. You may terminate your participation with App Summit at any time by deleting your account or sending us notice. Upon termination of your participation in our forum or website for any reason, we will immediately cease all use of and delete all relevant proprietary information, relating to App Summit or client intellectual property, and will cease representing yourself as an App Summit member. All logins associated with your profile and IPs will be deleted, and you will not be able to access or retrieve any stored data.
In addition to any other rights and remedies available to us under this agreement App Summit reserves the right to delete any actions such as posts, comments, and uploads submitted through your membership, and withhold and freeze your account. In the event of a material breach of this agreement, App Summit reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities, or any third party that has been directly affected by your actions.
You must strictly comply with the federal CAN-SPAM Act of 2003 (the “Act”). All emails sent in connection with App Summit’s forum or website must include the appropriate party’s Opt-Out link, otherwise you are in violation of the CAN-SPAM ACT. From time to time, we may request prior to your sending emails containing linking or referencing unauthorized marketing content, you must submit the final version of your email to App Summit for approval by sending it to App Summit, and upon receiving written approval from App Summit. It is solely your obligation to ensure that the email complies with the CAN-SPAM Act. You agree not to rely upon App Summit’s approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon App Summit’s approval.
All members will recognize the Digital Millennium Copyright Act (DMCA) posted on our websites. The DMCA restricts the use of copyrighted material, content, videos, music, games, software, books, and more, without the express consent of the Owner, Author, Creator, Publisher, Company, or other. If the information being posted is “Curated”, and proper credit have been given to the “Source”, then you are fine.
Members are expressly prohibited from using any persons, means, devices or arrangements to commit fraud of any kind, violate any applicable international law, interfere with other affiliates or falsify information in connection with our website and forum. Such acts include but are not limited to, using automated blackhat software to illegally profit, using spyware, keyloggers, worms, sniffers, bots, hacking, stealware, cookie-stuffing, or other deceptive acts to gain an unfair advantage, procure unauthorized data, or coerce our members into illegitimate dealings. App Summit will investigate all instances of the above mentioned through data forensics, and submit our findings to Federal and State Authorities once discovered, and without notice to the guilty party. App Summit will pursue legal action if necessary, and prosecute to the fullest extent. All costs relating to litigation including court fees, attorneys, travel arrangements, etc. will be paid for by the defendant.
Representations and Warranties
You hereby represent and warrant that this agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, App Summit represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to App Summit’s own business operations or App Summit’s proprietary products, content, or services.
In addition to any notice permitted to be given under this TOS, we may modify any of the terms and conditions of this agreement at any time by providing you with a notification by email. If the modifications are unacceptable to you, you may terminate this agreement without penalty solely on the account of such termination within a ten (10) business day period.
You acknowledge that you have read our TOS, and agree to all its terms and conditions. You have independently evaluated the desirability of participating in our forum, without relying on any representation, guarantee or statement other than as set forth in our TOS. It is in your best interest and safety to review all content, files, documents, contracts, arrangements, campaigns, landers, and memberships that pertain to investing, data, and your success as an affiliate marketer.
Member hereby agrees to indemnify, defend and hold harmless App Summit and Clients as well as their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on (1) any failure or breach of our Terms of Service, including any representation, warranty, covenant, restriction or obligation made by affiliate herein, (2) any misuse by affiliate, or by a separate party under the reasonable control of member or obtaining access through member, content, links, resources, App Summit or client intellectual property, or (3) any claim related to your media, including but not limited to, the content contained on such media.
App Summit also agrees to indemnify, defend, and hold harmless member and their subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on a claim that the member is not at fault.
App Summit does not promise our content, information, resources, products, services, introductions, technology, programming or other related asset will guarantee you success or profit. App Summit disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, nor any warranties arising from course of dealing, usage, or trade. We do not guarantee you will make a profit or incur losses with our information and resources. App Summit expressly disclaims all responsibility for your decisions, whether they are profitable or not. App Summit is a website resource for like-minded community members whom want to collaborate their experiences and knowledge with others striving for the same goal. So, it is your responsibility to fully investigate all potential drawbacks to potential investments, partnerships, business ventures, etc.
Limitation of Liability
App Summit is not responsible or liable for any information distributed by members, or the unavailability of services, which include website and forum operations. Technical issues, computer malfunctions, downed servers, data loss, hackers, loss of ISP service, Bots, natural disasters that are out of our control may disrupt our ability to conduct business as normal. In no event will App Summit be liable for any direct, indirect, incidental, consequential, personal injury, wrongful death, special or exemplary damages, including but not limited to loss of profits or opportunities.
Governing Law & Miscellaneous
Defendant or Member shall be responsible for the payment of all attorney’s fees and expenses incurred by App Summit to enforce the Terms of this agreement. This Agreement contains the entire agreement between App Summit and member with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Member agrees that App Summit shall not be subject to or bound by any affiliate insertion order or online terms and conditions that amend, conflict with, supersede, or supplements this agreement, regardless of whether App Summit otherwise indicates its acceptance thereof. Member may not assign all or any part of this agreement without App Summit’s prior written consent. This agreement will be binding on your approval, and will inure to the benefit of the legal representatives, successors and valid assignees of the parties hereto. This agreement may not be modified without the prior written consent of both parties. If any provision of our TOS is held to be void, invalid or inoperative, the remaining provisions of this agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this agreement is an independent contractor in relation to the other party with respect to all matters arising under this agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
When registering for membership, you affirm and acknowledge that you have read our Terms of Service in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this agreement, we advise you not register. If an individual is accessing this agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to our Terms of Service.