Welcome to the Genwise Service Partner Program. Please review this agreement carefully and consult legal counsel before accepting.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. ACCEPTANCE OF TERMS
2. SCOPE OF AGREEMENT
3. CHANGES TO THE SERVICES
You must register as a prospective Service Partner to access and use the System, the Services, and the Network. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your Genwise account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.
5. FEES; PAYMENT TERMS; NON-CIRCUMVENTION; NON-COMPETITION
Generally, for all transactions for products and services that you sell to a third-party user of the System, including without limitation Service Partner Services, you will pay a commission to Genwise for such products and services (the “Genwise Commission”), generally 20% of charged amounts for residual commissions on repeat charges to Genwise Clients from the Genwise Marketplace and 20% for single, one-off transactions to non-Genwise Clients whom you have been connected with from the Genwise Marketplace. The manner of collection of the Genwise Commission is through Genwise’s unified billing program with Genwise Clients. Genwise will charge the full amount to the Genwise Client for the work performed by you and will remit the remainder of the funds collected from the client after the deduction of the Genwise Commission by Genwise.
You agree that the address, account information, and email address you provide in your account settings are valid business addresses and that Genwise may invoice you at such addresses or through other electronic or facsimile communications.
Except for business software that is on an automated periodic payment schedule, for each Genwise Client for all Service Partner Services provided to such Genwise Client (the “Monthly Work”), you shall send a unique detailed monthly invoice to Genwise for the work completed and services or products provided to such Genwise Client in any given calendar month at the end of such month based upon your proposal to such Genwise Client and the hourly rates therein for such Monthly Work. Upon receipt of such invoice, Genwise shall confirm that the work has been performed in a satisfactory manner (to a standard equivalent to that of a qualified professional company in good standing that offers similar services to that provided by you in the Monthly Work) and, if the work in the Invoice is complete to such standard, bill the Genwise Client as part of its unified billing service for the Service Partner Services and you agree that you shall be paid by Genwise from funds received by such Genwise Client upon the later of (i) 15 days thereof and (ii) the date upon which Genwise receives payment from the Genwise Client for such Monthly Work, less any deductions for the Genwise Commission on all such Monthly Work and less any amounts that are disputed and unpaid by such Genwise Client. You acknowledge that it may take up to three business days to process payments to you in addition to any timeframes for payment listed herein. Genwise shall only facilitate such payments for Monthly Work and shall not become a creditor of you or the Genwise Client and Genwise and its affiliates and employees shall not be responsible for any non-payment or late payment by such Genwise Client for any Monthly Work. All payments to you hereunder from Genwise shall be made by Veem or such other third-party online payment service or other method that Genwise from time to time determines in its sole discretion, and you agree to be subject to the terms and conditions of such third-party payment providers terms and conditions of use.
Non-Circumvention of Genwise Commission Payments.
You acknowledge and agree that a substantial portion of the compensation Genwise receives for making the System and the Genwise Clients available to you is collected through the Genwise Commission. Genwise only receives this Genwise Commission when a Genwise Client and a Service Partner pay and receive payment through the System. Therefore, for 24 months from the time you identify or are identified by any party through the System or are referred to a Genwise Client by Genwise directly to provide Service Partner Services, (the “Non-Circumvention Period”), you agree to use the System as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the “Genwise Relationship”). For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another party through the System or were not otherwise introduced through Genwise, such as if you and another Genwise Client worked together before meeting on the System, then the Non-Circumvention Period does not apply. If you use the System as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business when acting in that capacity with respect to the other Genwise Client.
You agree not to circumvent the payment methods offered by Genwise. By way of illustration and not in limitation of the foregoing, you agree not to:
Submit proposals or solicit parties identified through the System to contract, hire, work with, or pay outside the System.
Accept proposals or solicit parties identified through the System to contract, invoice, or receive payment outside the System.
Invoice or report on the System an invoice or payment amount lower than that actually agreed between Users.
Refer a User you identified on the System to a third-party who is not a User of the System for purposes of making or receiving payments off the System.
You agree to notify Genwise immediately if a person suggests to you making or receiving payments outside of the System in violation of this Section 5.1. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Genwise by sending an email message to: firstname.lastname@example.org.
6. PAYMENT AUTHORIZATION; INVOICING
You will invoice Genwise Clients for whom you provide work on a monthly basis for all amounts due to you on a net 15 days from the date of invoice basis, accounting for the Genwise Commission.
There may be time lags between the time that Genwise receives payment for such Monthly Work provided by you to the Genwise Client and the time that you are paid for such Monthly Work, which shall allow Genwise to process and account for such payments. Each invoice shall set forth the fees to be incurred by you in the prior month (a “Genwise Invoice”). We agree to invoice you within one week of the first day of the applicable calendar month provided we have received your invoice for the Monthly Work by the last calendar day of the preceding month and otherwise delayed on a day for day basis for each day that you send an invoice after the last calendar day of the month (the “Invoice Posting Date”).
If, for whatever reason, you owe Genwise any amounts under this agreement, pursuant to Section 5, above, or otherwise, and the payment is not promptly paid, Genwise reserves the right to suspend your access to the System and the Services and suspend you from providing further Service Partner Services to any Genwise Client. If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Genwise reserves the right to cancel your account. In the event Genwise cancels your account for non-payment, all amounts due and unpaid from you to Genwise shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Genwise reserves the right to seek payment using any remedies allowed to it by law.
8. DISPUTED CHARGES
9. ONLINE PAYMENTS
10. ELECTRONIC COMMUNICATIONS
Genwise reserves the right to contact you from time to time for feedback about the System and the Services and for service and support-related issues. We reserve the right to contact you through e-mail, text or voice messages, or notices posted on the Genwise website or messages posted in your Genwise account. Notices will be deemed effective at the time they are sent by Genwise or as of the date they are posted, regardless of whether you actually read any such notices.
You may opt-out of receiving notifications regarding transactions facilitated through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the System or the Services or other notices as required by law.
11. INTELLECTUAL PROPERTY
Genwise and their suppliers retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the System or the Services (collectively the “Intellectual Property”) that are the exclusive property of Genwise and/or its suppliers or Genwise Clients. We do not transfer any rights in or to the Intellectual Property to you.
Content of the System or the Services that incorporates or includes any of the Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Genwise or the rightful owner, as applicable.
Any work relating to Service Partner Services you provide to any Genwise Client shall become the intellectual property of such Genwise Client for whom you are providing the Service Partner Services without restriction or limitation, and neither you nor your contractors, representatives, agents or employees shall have any rights in the work provided as part of the Service Partner Services being provided to such Genwise Client.
12. CONFIDENTIAL INFORMATION
Confidential Information is any oral, written, graphic or machine-readable information disclosed by Genwise or a Genwise Client to you that is not generally available to the public, whether or not such information is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential under the circumstances. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services and all information that is disclosed or produced in connection with the work you are doing for any Genwise Client. You agree to not disclose or use any Confidential Information without the prior written consent of Genwise or the Genwise Client, as applicable, and to maintain the confidentiality of the Confidential Information at all times, notwithstanding the termination of this Agreement, except (i) as otherwise required by law or court order (ii) when granted permission to disclose such information by Genwise or the Genwise Client in writing in advance or (iii) when such information is otherwise reasonably public information available to third parties through other means.
13. YOUR RESPONSIBILITIES
You are responsible for ensuring that you can fulfill all contracts and scopes of work for the provision to Genwise Clients of Service Partner Services made through the Services and for communicating changes directly to Genwise. You are responsible for managing your schedule and workload to fulfill your obligations to any Genwise Clients engaged through the use of the Services and to provide such products or services in a highly professional and competent manner as could be reasonably expected from a highly regarded provider of the products and services you provide and to avoid events within your control which would adversely affect the Genwise Client and their experience with the Services. You are responsible for reviewing your workload and work product regularly for quality and consistency. If you cannot honor any commitment made through the Services, you agree to promptly communicate such change to the relevant to Genwise.
You are also responsible for all equipment required to access the System and the Services, including (but not limited to):
a properly configured computer with broadband Internet access;
a functioning and valid email address;
any other equipment needed to access the Services.
When using the Services you must comply with all applicable laws, rules, and regulations, including without limitation those relating to export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Services are subject, data security and privacy laws relating to your collection, disclosure, processing, storage, or use of any personally identifiable information, the Payment Card Industry Data Security Standards, and rules of payment associations, brands, instrument issuers, debit networks or payment methodologies or systems having proprietary rights to and clearing and oversight responsibilities with respect to any payment instrument used to effect payment-related transactions.
14. USE OF THE SERVICES
You may not use the System or the Services in any manner that is illegal or harmful to the System or the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
Use the System or the Services through unauthorized interfaces or protocols;
Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the System, Services or Services software (accept as applicable law expressly permits);
Remove, obscure or alter any notices or indications of rights in or to the Intellectual Property;
Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Genwise servers;
Take any action that imposes an unreasonable or unduly large load on our infrastructure;
Upload invalid data, viruses, worms, or other harmful software to the Services;
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the System or Services, unless expressly permitted by Genwise in writing;
Use the Services or System in a way that disables the System or prevents or inhibits anyone from using the System or Services;
Take any action that violates the intellectual property, privacy or data rights of any party; or
Impersonate any person or entity in order to use, or through use of, the System or Services.
15. DMCA NOTICE
Genwise believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify Genwise’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Genwise website;
Information reasonably sufficient to permit Genwise to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Roger Rippy Chief Legal Officer at Genwise, email@example.com
16. USER SUBMISSIONS
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Genwise (“Content”) or by other users of the Services (“User Submissions”) to the System is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.
You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Genwise, you grant Genwise the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and Genwise’s business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Genwise for any claim regarding Genwise’s use of your User Submissions.
Genwise does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Services, you may be exposed to User Submissions from a variety of sources, and Genwise is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. However, you agree to keep such User Submissions confidential and to not disclose the same to a third party, except those third party employees or contractors who need to know them in order to provide your service or product to third-party users as part of the Services.
17. THIRD-PARTY SITES AND SERVICES
The Services may contain links to or allow you to access and use in connection with the Services third party websites and services (collectively, “Third Party Links”). Genwise does not control, review, approve, monitor or warrant such Third-Party Links and is not responsible for nor can guarantee the content of such Third-Party Links. Unless otherwise explicitly stated, the inclusion of any Third-Party Links in the Services or on the Genwise website does not imply any endorsement by Genwise of Third-Party Links or any association with their operators. You use all Third-Party Links at your own risk. The applicable third party’s terms and policies, including the third party’s privacy and data gathering practices, apply to the Third-Party Links. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
If for any reason, you do not intend to finish the work accepted by you hereunder, you agree to give reasonable notice (at least 7 days advance notice) of your intention to stop work so that Genwise and the Genwise Client has time to find acceptable substitute services to replace the Service Partner Services being provided by you, and you acknowledge that your failure to do so will cause harm to Genwise and the Genwise Client.
Upon termination of your use of the System or Services for any reason, all of your rights to access and use any and all parts of the System shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.
19. YOUR RESPONSIBILITIES AND OUR RESPONSIBILITIES
20. SOLE REMEDY
Your only remedy for any dispute with Genwise is to stop using the System and the Services.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GENWISE. In the unlikely event that Genwise has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Genwise claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Austin, Texas unless you and Genwise agree otherwise. Each party will be responsible for paying its own JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Genwise from seeking injunctive or other equitable relief from the courts as necessary to protect any of Genwise’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND GENWISE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
23. ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION
24. NO WAIVER
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
26. WARRANTY DISCLAIMER
THE SERVICES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ALL THIRD PARTY PRODUCTS AND SERVICES PROVIDED TO YOU AS PART OF THE SERVICES) ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. GENWISE DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS THE SERVICES AT ALL TIMES OR PLACES, THAT GENWISE WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, GENWISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS (INCLUDING, FOR THE AVOIDANCE OF DOUBT, CARDFLIGHT), AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. NEITHER GENWISE NOR ITS SUPPLIERS WARRANT OR GUARANTEE THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY OFFERS PROVIDED TO CONSUMERS THROUGH THE SERVICES WILL BE ERROR-FREE OR THAT ANY SUCH OFFERS WILL RESULT IN ANY REVENUE OR PROFIT FOR YOU.
GENWISE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SITES AND SERVICES, OR ANY OTHER THIRD-PARTY PRODUCTS OR SERVICES PROVIDED BY GENWISE AS PART OF THE SERVICES, AND GENWISE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT GENWISE WILL NOT BE LIABLE, AND YOU AGREE NOT SEEK TO HOLD GENWISE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF THIRD-PARTY SITES AND SERVICES, AND ANY THIRD-PARTY SUPPLIERS TO GENWISE, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. THE SERVICES ARE OFFERED BY GENWISE FROM THE UNITED STATES OF AMERICA. GENWISE MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU ACKNOWLEDGE GENWISE IS NOT RESPONSIBLE FOR THE ABILITY OF A USER TO PAY NOR FOR ANY DISPUTES BETWEEN YOU AND A THIRD-PARTY USER OF THE SERVICES OR SYSTEM, REGARDLESS WHETHER GENWISE HAS RECEIVED A GENWISE PAYMENT RELATING TO ANY TRANSACTION OR MATTER THAT IS THE SUBJECT OF A DISPUTE BETWEEN YOU AND SUCH THIRD PARTY.
27. LIMITATION OF LIABILITY
IN NO EVENT SHALL GENWISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES (INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY OFFERS PROVIDED TO CONSUMERS THROUGH THE SERVICES OR THE PROCESSING OF ANY GENWISE PAYMENTS), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, AND (IX) THIRD PARTY SITES AND SERVICES, OR ANY OTHER THIRD PARTY PRODUCTS OR SERVICES PROVIDED BY GENWISE AS PART OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENWISE’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU’VE PAID GENWISE IN THE CALENDAR MONTH PRECEDING THE CIRCUMSTANCES GIVING RISE TO THE FIRST CLAIM AT ISSUE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
28. Relationship between the Parties.
29. Restrictions on use of Genwise Marks.
You may promote working with Genwise and its clients non-specifically. To promote your work with a specific Genwise Client, you will need written permission from such Genwise Client in advance. You will need to make that request through Genwise. In addition, the following restrictions apply.
You shall not register, procure, or use any internet domain name that includes any of Genwise service marks, slogans, or other intellectual property owned by Genwise (“Genwise Marks”) or any variations thereof.
You may not promote any special sales terms offered by Genwise.
You may not offer any person or entity any payments or incentives (like rebate, cashbacks, "paid to click" advertising or discounts) for using the designated links and/or converting a free Genwise account into a premium package.
You may not record, redirect, read, or fill in on behalf of prospective Genwise Client, the contents of any electronic form or other material submitted to Genwise by any prospective Genwise Client. You may not register any prospective Genwise Client to the Genwise Site or Services or to any premium package, on behalf of such prospective Genwise Client.
You shall not post Genwise designated links or other content promoting the Genwise Site or Services within any pop-up or pop-under windows.
You shall not use cookie stuffing techniques that set a tracking cookie without the current or prospective Genwise Client’s knowledge (e.g. iframing).
You are prohibited from making inaccurate, deceptive or otherwise misleading claims about Genwise and the Genwise’s Site or Services. In addition, you are prohibited from (i) taking any action that may cause your site's visitors to confuse between you and Genwise; or (ii) misrepresenting the relationship between you and Genwise. For the avoidance of doubt, you may not claim that Genwise endorses, supports and/or sponsors the your site or services.
You shall not use any Genwise ads or Genwise designated links in connection with any client-side software application (e.g. toolbars, extensions, or any other applications that are downloaded or installed by any site visitors) on any device.
You shall not use, procure, bid on, or otherwise arrange for a sponsored link on any site or application which uses or includes any of the Genwise Marks.
30. Other Restrictions in Connection with Genwise Marks, Site or Services in Your Role as a Genwise Service Partner.
SPAM is defined as including, but not limited to, the following:
Send, initiate or procure the sending of an Email to any person who has either not explicitly requested to receive such messages (or has explicitly requested to receive no further Emails) specifically from you, including without limitation for the purposes of sending unsolicited bulk email, executing any “mass mailings” or “email blasts,” or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, altnet, newsnet, newsgroups, or similar service.
d. You further agree you will not:
(i) Employ any false or deceptive information regarding your identity, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding you identity, and the intent, subject, and origin of the Email.
(ii) Exploit documented or undocumented security holes on any client or server machine.
(iii) Fail to (i) include clear, valid, and conspicuously displayed “From” and “Subject” lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to receive no further messages from you (“Opt-Out Request”) for no less than thirty (30) days from the date the Email was sent; or (iii) honor any Opt-out Request within ten (10) days of receipt of such Opt-out request by you.
(iv) Obtain email addresses via automated means or send an Email to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
(v) Employ any fraudulent, deceptive, false, or misleading information in connection with the Emails.
(vi) Send any commercial marketing Email or promotion to, or collect any personally identifiable information from, any person who is under eighteen (18) years of age.
(vii) You may only use Tracking Codes within Emails that you send to registered users of the your site.
34. CONTACT US