HomeBusinessTo.com, Inc. Affiliate Agreement
IMPORTANT READ CAREFULLY: THIS HOMEBUSINESS.TO,COM, INC. (“HB2”) AFFILIATE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND HB2. HB2 IS WILLING TO EXTEND TO YOU THE RIGHTS AND BENEFITS OF THE HB2 AFFILIATE SYSTEM ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ ALL OF THE TERMS IN THIS AGREEMENT BEFORE PROCEEDING FURTHER. BY PROCEEDING FURTHER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE “I DECLINE” BUTTON AT THE END OF THIS AGREEMENT. CLICKING ON THE “I DECLINE” BUTTON WILL RETURN YOU TO THE HB2.TO MAIN PAGE.
HB2.to is a multiple purpose subscription-based service which allows Affiliates to promote their home-based business ventures on the Internet, obtain qualified leads of individuals interested in operating home-based business, and earn income based on the introduction of other Affiliates to the HB2 Affiliate Program. The following Agreement applies to the HB2 Affiliate Program and may apply to any new products or services that HB2 may add in the future.
1. Affiliate Rights.
You understand that as a HB2 Affiliate:
a. You have the right to participate in the HB2 Affiliate System.
b. You have the right to use, in accordance with this Agreement, a personalized version of the HB2To.com web site to prospect, then recruit, participants for your home-based business (“Affiliate Site”).
c. You have the right to refer new Affiliates to the HB2 Affiliate Program and earn Affiliate Referral Fees in accordance with this Agreement and the HB2 Affiliate Program.
d. You will comply with all federal, state, county, and municipal laws and ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any federal, state, county or municipal law, ordinance, rule or regulation.
2. Relationship of the Parties.
As a HB2 Affiliate, you agree that:
a. You are an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of HB2.
b. You are not authorized to, and will not incur, any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of HB2.
c. You shall control the manner and means by which you promote your Affiliate Site, subject to compliance with the Agreement.
d. You agree that you will be solely responsible for paying all expenses incurred by yourself, including but not limited to travel, food, lodging, Internet access fees, secretarial, office, long distance telephone and other expenses.
e. YOU UNDERSTAND THAT YOU SHALL NOT BE TREATED AS AN EMPLOYEE OF HB2 FOR FEDERAL OR STATE TAX PURPOSES. HB2 is not responsible for withholding, and shall not withhold or deduct from your Affiliate Referral Fees, if any, FICA, or taxes of any kind, unless such withholding becomes legally required.
You understand and agree that HB2 may amend this Agreement at any time at its sole discretion, and that any such amendment will apply to you. Notification of amendments shall be published at HB2′ official web site and shall be effective no less than 30 days following the publication of any such amendment. You further understand that the current version of this Agreement shall be published at HB2′ official web site and that you will periodically review the Agreement as published. IF ANY AMENDMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING THE EFFECTIVE DATE OF AN AMENDMENT WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE AMENDMENT.
4. Affiliate Charges.
You agree to pay the monthly Affiliate Charge in advance each month in order to access and use your Affiliate Site. You agree that you have been advised of the monthly Affiliate Charge and that such charges shall be charged, in advance on or about the 1st day of each month, to the credit card that you identified during the application process. Every time you log onto your Affiliate Site or otherwise use the services, you re-affirm that HB2 is authorized to charge your credit card. You further agree that HB2 may, at its discretion, change the amount of the monthly Affiliate Charge upon 30 days notice to you. Notice of such change shall be delivered by posting the amended monthly Affiliate Charge at HB2’ web site, the Member Section of your Affiliate Site, and/or by delivery of notice by electronic mail to your email address of record. Your failure to cancel this Agreement following the effective date of a changed monthly Affiliate Charge constitutes your acceptance of the changed monthly Affiliate Charge.
5. Site Changes and Updates.
You understand that HB2 has the right, at its sole discretion, to make any and all changes and updates to the Affiliate Site without any prior notification to you.
6. Term of Agreement.
The initial term of this Agreement is from the date that you enter into this Agreement through the last day of the month following the month in which this Agreement is entered into. Thereafter, this Agreement shall automatically renew for additional one-month terms upon your timely payment of the monthly Affiliate Charges. If you fail to monthly renew the Agreement, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as an Affiliate. Your Affiliate Site shall be disabled and you will not be able to promote your home-based business through the site or refer new Affiliates to HB2. Nor shall you be eligible to receive Affiliate Referral Fees resulting from the subscriptions of Affiliates referred by you. In the event of cancellation, termination or nonrenewal, you agree to waive all rights you have, including but not limited to property rights, to the Affiliates that you referred to HB2 and to any Affiliate Referral Fees derived through the subscription of such Affiliates.
You may cancel this Agreement at any time with or without reason. To cancel this Agreement, log onto the Your Account section of the Member Section of your Affiliate Site and click on the “Cancel Service” link and follow the instructions that appear at that page. Completion of the Reason for Cancellation section is optional. Your Notice of cancellation must be received by the 1st day of the month in order to avoid the monthly Affiliate Charge for that month. If a cancellation notice is received after the 1st day of a month, cancellation will become effective in the month following the month in which your notice of cancellation is received by HB2. Notice of cancellation shall be deemed received upon your clicking of the “Submit” button at the bottom of the service cancellation page, Eastern Standard Time.
As provided in Paragraph 17 hereof, you agree that HB2 may terminate this Agreement at any time, at its sole discretion, due to your violation of any of the terms of this Affiliate Agreement.
8. Trademarks and Trade Names.
You understand and agree that HB2 will not allow the use of its trade names, trademarks, designs or symbols without its prior written permission.
9. Leads Purchased from HB2 May Not Be Sold or Transferred
You understand and agree that leads generated through the Affiliate Site may be used in any manner that you choose, so long as such use is not in violation of any applicable State, Federal or local law or regulation or this Agreement. However, with respect to leads that you purchase through the Affiliate Site from HB2, you agree that you will use those leads for your personal use only, subject to the constraints imposed by applicable State, Federal or local laws or regulations and the terms of this Agreement. You further agree that you will not sell, give, transfer, assign or otherwise distribute any such leads to any third party.
HB2 absolutely does not tolerate or condone spamming. By entering into this Agreement, you agree that you will not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or “spamming” relative to the promotion of your Affiliate Site or your home-based business. The terms “unsolicited faxes” and “unsolicited e-mail” mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting your Affiliate Site or home-based business that is transmitted to any person. The immediately foregoing definition does not include a fax or e-mail: (a) to any person with that person’s prior express consent, invitation, or permission; or (b) to any person with whom you have an established business or personal relationship. The terms “established business or personal relationship” mean a prior or existing relationship formed by a voluntary two way communication between you and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products or services offered by you; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
You agree that you will not copy, disassemble, de-compile, or otherwise reverse engineer the Affiliate Site or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Affiliate Site, or take any action contrary to this Agreement.
b. HB2 Access to Your Affiliate Site. In order to permit HB2 to protect the quality of its products and services, you hereby consent to HB2 employees being able to access your account and records on a case-by-case basis at the sole discretion of HB2. Notwithstanding the foregoing, in no event will HB2 view, access or capture the lead information generated by your Site. Nor shall HB2 give, sell, lease, license, transfer, or otherwise distribute such information to any person or entity. All such information shall be provided only to you.
On rare occasions, lead information (e.g., an interviewee’s contact information) that is generated by your Affiliate Site may be transmitted to HB2 by mistake. In the event such information is erroneously transmitted to HB2, HB2 shall make every effort to contact you by telephone and provide you with the information. If HB2 is unable to contact you by telephone, it will contact the individual who is identified in the lead information (the interviewee) and provide that person with your name and telephone number (on file) so that the interviewee may contact you personally. Except as provided herein, you agree that HB2 is under no obligation to ensure that you receive the lead information.
c. Disclaimer of Warranties. HB2 uses diligent efforts to maintain the Affiliate Site, but HB2 is not responsible for any defects or failures associated with the Affiliate Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
THE AFFILIATE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU USE IT AT YOUR SOLE RISK. HB2 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, HB2 MAKES NO WARRANTY THAT THE AFFILIATE SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE AFFILIATE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE AFFILIATE SITE WILL MEET YOUR EXPECTATIONS. HB2 SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN PART BY YOUR USE OF THE AFFILIATE SITE, YOUR USE OF OR RELIANCE ON THE INFORMATION CONTAINED IN THE AFFILIATE SITE, YOUR USE OF OR REILIANCE ON ANY INFORMATION THAT YOU OBTAIN THROUGH USE OF THE AFFILIATE SITE, YOUR USE OF OR RELIANCE ON ANY INFORMATION RECEIVED FROM HB2′ SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF HB2 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMIATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
HB2 disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from the Affiliate Site and its content, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of the Affiliate Site or any portion thereof, (c) your use of the Affiliate Site, or (d) your use of any equipment or software in connection with the Affiliate Site. Nor does HB2 warrant, guaranty or make any representations regarding the security of your account, or that the Affiliate Site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage.
d. Limitation of Liability. IN NO EVENT WILL HB2 BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HB2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF THE AFFILIATE SITE, OR YOUR INABILITY TO USE THE SITE; OR (B) ANY FAILURE OF PERFORMANCE, OR ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; OR (D) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A COMPUTER VIRUS, OR OTHER TECHNICAL SABOTAGE; OR (E) ANY OTHER MATTER RELATING TO THE AFFILIATE SITE OR OPERATION OF THE AFFILIATE SITE. IN NO EVENT SHALL HB2′ LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE AFFILIATE SITE.
e. Indemnification. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend, and hold harmless HB2, its parent company, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Affiliate Site, your violation of the Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify HB2 of any unauthorized use of your account or any other breach of security known to you.
12. Affiliate Referral Fees.
a. You understand that the payment of Affiliate Referral Fee(s) is based on the number of active subscribers to the HB2 Affiliate System who subscribed using your Affiliate ID Number or who used your Affiliate Site web link to subscribe and from the person(s) who your referral(s) subscribe and from the referral(s) they subscribe. An active subscriber is a subscriber to the HB2 Affiliate System who has paid the monthly Affiliate Charge by end of the tenth day (11:59 pm et) of the month.
b. You understand that the Affiliate Referral Fee for each active subscriber within three times of consecutive duplication is $5.00 per month. Each Affiliate can subscribe an unlimited number of personal Affiliates.
c. You understand that you must be in good standing, and not in violation of any of the terms of this Agreement, in order to be eligible to receive Affiliate Referral Fees from HB2.
d. You understand that HB2 will mail earned monthly Affiliate Referral Fees by the twelfth day of each month and that there shall be a processing fee of $3.95 for each Affiliate Referral Fee check that is issued to you. Other payment option will be made available at HB2es discretion.
e. If you believe that there has been an error in the computation or payment of earned Affiliate Referral Fees, you understand that you must notify HB2 of the same within 60 days of the date of the purported error. HB2 will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
You understand and agree that you are responsible for paying all local, state and federal taxes on any income generated as an Affiliate.
14. Updating of Account Information.
You understand and agree that it is your responsibility to insure that your account information, including your mailing address, e-mail address, and telephone numbers, are current.
15. Affiliate Reports.
You understand that all information provided to you by HB2 in online Affiliate Reports, including but not limited to accrued Affiliate Referral Fees, is believed to be accurate and reliable. Nonetheless, due to various factors, including the inherent possibility of human and mechanical error, denial of credit card charges and electronic check payments, and credit card and electronic charge-backs, you understand that such information is not guaranteed by HB2 or any persons creating or transmitting the information.
ALL ACCRUED AFFILIATE REFERRAL FEE AND AFFILIATE REFERRAL ACTIVITY INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HB2 AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL IN NO EVENT BE LIABLE TO ANY AFFILIATE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF, RELIANCE ON, OR ACCESS TO ACCRUED AFFILIATE REFERRAL FEES OR AFFILIATE REFERRAL ACTIVITY INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REFERRAL FEES, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF HB2 OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, HB2 OR OTHER PERSONS CREATING OR TRNSMITTING THE INFORMATION SHALL NO HAVE RESPONSIBILITY OR LIABILITY TO ANY AFFILIATE OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT.
You understand that your access to and use of HB2′ online Affiliate Report and your reliance upon the information contained therein is at your own risk. You understand that all such information is provided to you on an “as is” and on an “as available” basis. If you are dissatisfied with the accuracy, quality, or reliability of the information, you understand that your sole and exclusive remedy is to discontinue use of, access to, and reliance upon the online Affiliate Report and the information contained therein.
16. No Assignment.
You may not assign any rights or delegate your duties under this Agreement without the prior written consent of HB2. Any attempt to transfer or assign this Agreement without the express written consent of HB2 renders this Agreement voidable at the option of HB2 and may result in termination of the same.
17. Violation of Agreement.
You understand that if you fail to comply with the terms of this Agreement, HB2 may, at its discretion, terminate this Agreement or impose upon you other disciplinary action, including but not limited to, forfeiture of Affiliate Referral Fees. If you are in breach, default or violation of this Agreement at termination, you shall not be entitled receive any further Affiliate Referral Fees, whether or not the Affiliate Charges that generate such Referral Fees have been paid. You understand that the failure to timely pay your monthly Affiliate Charge constitutes a breach of this Agreement and shall result in nonrenewal of the Agreement.
To the extent permitted by law, HB2, its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred to as “associates”), shall not be liable for, and you release HB2 and its associates from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by you as a result of: (a) your breach of this Agreement; (b) the improper promotion or operation of your Affiliate Site and any activities related to it; (c) the improper promotion of the Affiliate Program and activities related thereto; (d) any incorrect or wrong data or information provided by you; or (e) the failure to provide any information or data necessary for HB2 to operate its business. You further agree to indemnify, hold harmless, and defend at your expense HB2 and its associates against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees and all other expenses arising or alleged to arise in connection with your Affiliate Site and your promotion of the same.
18. Entire Agreement.
This Agreement contains the entire contract between HB2 and you. Any promises, representations, offer, or other communications not expressly set forth in this Agreement are of no force or effect.
Any waiver by HB2 of any breach of this Agreement must be in writing and signed by an authorized officer of HB2. Waiver by HB2 of any breach of this Agreement by you shall not operate or be construed as a waiver of any subsequent breach.
In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
21. Governing Law, Jurisdiction and Venue.
This agreement will be governed by and construed in accordance with the laws of the State of Wyoming, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in the city of CHYENNE, WY, and you consent irrevocably to the jurisdiction of such courts.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE HB2 AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
IMPORTANT E-SIGN NOTICE
E-SIGN, the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.), requires that HomebusinessTo.com, Inc. (HB2) provide you with the following information. E-SIGN also requires that you consent to entering into an electronic agreement with HB2 before the agreement is executed. Please read the following information carefully.
HB2, Inc. is a company that strongly believes that the future of business is a paperless world. Because of this strong belief, the agreement that the company enters into with its Independent Associates is conducted entirely online and without any paper documents whenever possible.
Should you enter into an Independent Associate Agreement with HB2, you will be required to enter into the Agreement online only. The Terms and Conditions of the Associate Agreement, the Policies and Procedures, and the Marketing and Compensation Plan (which are incorporated by reference into the Associate Agreement) will always be available for your viewing, downloading and/or printing at HB2’s official web site.
Prior to entering into the Associate Agreement, you must consent to the use of an electronic record of the agreement between you and HB2. You may withdraw this consent at any time. However, should you do so, your Associate Agreement will be automatically terminated. The entire agreement between you and HB2 will be evidenced by an electronic record, and all terms and conditions of the agreement will be in an electronic format available for viewing, printing and downloading at
Should you wish to withdraw your consent to the exclusive use an electronic agreement (and thereby terminate your agreement with HB2), or update any of personal information, you must do so online at the following web page(s): www.HB2/members
Should you wish to obtain a paper copy of the Agreement, including the Terms and Conditions, Policies and Procedures, please send an E-mail requesting those documents to the following E-mail address: support@HomeBusinessTo.com. Your request must include your name, your Affiliate identification number, your mailing address, and your E-mail address. Upon receipt of such a request, HB2 will mail you the current version of each document. You will be charged $19.95, plus postage, for this service.
As provided in the Associate Agreement, the Terms and Conditions, the Policies and Procedures, and the Affiliate Payment Plan may be amended at the sole discretion of HB2. By entering into the Agreement, you agree that HB2 may do so at any time. The current version of the Terms and Conditions, the Policies and Procedures, and the Marketing and Compensation Plan are always available at HB2’s official web site for viewing, printing and downloading. In order to access such documents you will need access to the following hardware and software: A Personal Computer (“PC”) with modem or other Internet access and operational Internet browser software (e.g., Netscape Communicator or Internet Explorer).
Should there ever be a change in the equipment or software necessary to access the Terms and Conditions, Policies and Procedures, and the Affiliate Payment Plan Plan, HB2 will advise you of the same and will provide you with a list of the equipment and software that is necessary. Upon such event, you may voluntarily terminate your agreement with HB2.
By clicking on “Yes” below, I consent to use of electronic records evidencing my HB2 Independent Associate Agreement. I understand that I may withdraw such consent at any time, but that upon such withdrawal, any Independent Associate Agreement that I have entered into with HB2 shall automatically terminate.