TERMS & CONDITIONS
revised: August 27, 2021
1 CONNECT SERVICES.
CONNECT is a decentralized distributed application on a blockchain network, using smart contracts (each of “Smart Contract”) to enable its Users to own, buy, sell, transfer, and share unique digital rewards that can be visualized on CONNECT through the CONNECT APP. CONNECT provides access to the following products and services, some of which are provided by independent third-party companies:
1.1 Blockbot™—a Blockchain Robot.
The Blockchain Robot (“Blockbot™”) is an evolving, intelligent software that gathers and processes data. Blockbot data allows Users to navigate blockchain technologies and make informed decisions regarding blockchain opportunities. Blockbot serves a variety of functions including:
CONNECT Academy—A curated learning academy where Users can explore blockchain technology and better understand its cultural impact.
CONNECT Share™—A simplified referral experience to share blockchain ideas and opportunities with others. Every User can participate in the Connect Share program by sharing their unique referral link or code with third parties. If a third party uses the User’s referral link or code to purchase products then the User will earn credits towards receiving its own products. Once a User’s referral link or code is used 5 times for the same product then the User receives, as a reward, the same product. If 5 Blockbots are purchased via a User’s referral link or code the User will then attain “win Node” status and will be given the opportunity to activate the same by signing the win Node Agreement and paying the Blockbot fee. Becoming a “win Node” enables the User to receive a digital reward for future purchases via their referral link. User can begin earning digital rewards earlier by purchasing Start or Blockbot and keeping the products continuously active.
CONNECT App—A digital app to hold CONNECT Share rewards and a payment platform for CONNECT Services.
1.2 WIN Blockchain
The WIN Blockchain is used within the CONNECT Community to maintain a record of actions by its members and affiliates. Defined actions by an affiliate within the community’s Share program are awarded points and ranking within the community. Top ranking members and affiliates may be rewarded with WIN, the WIN Blockchain’s native reward, for their contribution to the CONNECT Community.
1.3 WIN Reward
WIN is a digital reward of the Win Blockchain and not a security token. WIN is not being offered to investors and there is no Initial Coin Offering (ICO) to promote WIN. WIN is created through “Proof of Action” as recorded on the WIN blockchain. Although WIN may one day have market adoption, its utility may reside solely within the Win Blockchain, and may or may not have value.
1.4 Third Party Digital Apps
1.4.1. CONNECT may provide each User with the ability to create and maintain third party digital apps accessible in the User’s account with CONNECT. The User may use any third party digital app that safely integrates with the CONNECT Services. CONNECT will never take custody or control over any of these third party apps. The User shall comply with the terms and conditions of the third party providers. CONNECT does not offer any User the ability to exchange one form of fiat currency for any other form of currency (fiat or digital). CONNECT is not an exchange or money transmitter. CONNECT does not own, control, or operate any of the blockchains associated with the third party apps that can be managed by the User as part of CONNECT Services.
1.4.2. When a User creates a third party digital app through the CONNECT Services, the User will be provided a cryptographic mnemonic phrase from which you can determine public and private keys that the User must use to send and receive the digital currency or reward associated with the respective blockchain. The User is solely responsible for storing and keeping secret, outside of CONNECT Services and the associated blockchain, a backup of any User’s third party app credentials, private key(s), passwords, and transaction information that the User maintains in the apps or otherwise with the CONNECT Services. If the User does not backup the third party apps, the User may not be able to access the associated digital reward in the event that CONNECT discontinues some or all of the CONNECT Services. CONNECT does not receive or store a User’s third party app passwords, keys, network addresses or transaction history. CONNECT cannot assist any User with third party app password or key retrieval. Any third party with knowledge of one or more of a User’s credentials (including, without limitation, a backup phrase, app identifier, password, or keys) can dispose of the digital reward in the User’s third party apps.
1.4.3. The User agrees and understands that the transaction details submitted by the User via the CONNECT Services may not be completed or may be delayed by the respective blockchain used to process the transaction. CONNECT cannot guarantee that the CONNECT Services will transfer title or right in any digital reward and CONNECT makes no warranties of title of any kind. Once transaction details have been submitted to the respective blockchain, CONNECT cannot assist the User to cancel or otherwise modify such transaction or details.
1.4.4. In the event of a fork of the blockchains associated with the User’s third party apps, CONNECT may not be able to support the User’s activity related to such digital reward, any transaction associated with the third party apps or CONNECT Services may not be completed, may be partially completed, incorrectly completed, or substantially delayed. CONNECT is not responsible for any loss incurred by any User caused in whole or in part, directly or indirectly, by a fork or modification of the such blockchains.
1.4.5. CONNECT does not currently charge a fee for the User’s management and use of third party apps. However, CONNECT reserves the right to do so in the future, and in such case any applicable fees will be displayed prior to the User incurring such fee, and such fees may be paid by the User with any of the digital rewards supported by CONNECT. Notwithstanding, the blockchains associated with the third party apps may have Blockchain Transaction Fees. CONNECT may attempt to calculate for the User any Blockchain Transactions Fees, though such calculation may be inaccurate or excessive. The User may select a greater or lesser fee, and the User is solely responsible for paying any Blockchain Transaction Fees required on any blockchain. CONNECT will neither advance nor fund any Blockchain Transaction Fee on any User’s behalf, nor be responsible for any excess or insufficient fee calculation.
1.4.6. The User shall be responsible for all activities that occur through its third party apps and accepts all risks of any authorized or unauthorized access to its third party apps, to the maximum extent permitted by law. The User represents and warrants that the User is familiar with and accepts the risks associated with digital apps and private keys, including the risks described herein.
1.5 CONNECT App
1.5.1. CONNECT will provide each User with a CONNECT App. CONNECT will never take custody or control over any digital rewards stored in a User’s CONNECT App. The CONNECT App does not store, send or receive any NFT or digital reward, but such transactions occur directly on the CONNECT Blockchain or other supported blockchains. Instead of the CONNECT App, the User may use any compatible digital app or wallet provided by a third party company that safely connects to the CONNECT Blockchain. A User may be able to use the CONNECT App or other compatible wallet to send and receive digital rewards with other users of the CONNECT Blockchain. CONNECT does not offer any User the ability to exchange one form of currency for any other form of currency (fiat or digital). CONNECT App is not a custodian, exchange or money transmitter.
1.5.2. When a User creates a CONNECT App, the CONNECT Blockchain software generates a cryptographic private key and public key pair that the User must use to send and receive any digital reward supported on the CONNECT Blockchain. The User is solely responsible for storing and keeping secret, outside of CONNECT’s Services, a backup of any User’s CONNECT App credentials, private key(s), passwords, and transaction information that the User maintains in the CONNECT App or otherwise with the CONNECT Services. If the User does not backup the CONNECT App, the User may not be able to access the CONNECT in the event that CONNECT discontinues some or all of the CONNECT Services. Any digital reward a User has stored within its CONNECT App may become inaccessible if the User does not know or keep secret its CONNECT App keys and passwords. CONNECT does not receive or store a User’s app passwords, PIN, keys, network addresses or transaction history. CONNECT cannot assist any User with app password or key retrieval. Any third party with knowledge of one or more of a User’s credentials (including, without limitation, a backup phrase, app identifier, password, or keys) can dispose of the digital reward in the User’s app.
1.5.3. In order for a transaction to be validated on the CONNECT Blockchain, any CONNECT transaction through the CONNECT App must be confirmed and recorded in the distributed ledger associated with the CONNECT Blockchain. The CONNECT Blockchain is a decentralized, peer-to-peer network supported by the users of the CONNECT Blockchain, which is not owned, controlled or operated by CONNECT.
1.5.4. CONNECT has no control over digital rewards generated through the CONNECT Blockchain, and cannot ensure that any transaction details a User submits via the CONNECT Services and CONNECT App will be confirmed or processed on the CONNECT Blockchain. The User agrees and understands that the transaction details submitted by the User via the CONNECT Services and CONNECT App may not be completed or may be delayed by the CONNECT Blockchain or any supporting blockchain used to process the transaction. CONNECT does not guarantee that the CONNECT App can transfer title or right in any NFT or digital reward, and CONNECT makes no warranties of title of any kind. Once transaction details have been submitted to the CONNECT Blockchain, CONNECT cannot assist the User to cancel or otherwise modify such transaction or details.
1.5.5. In the event of a fork of the CONNECT Blockchain or any other supported blockchain, CONNECT may not be able to support the User’s activity related to CONNECT or any other supported NFT or reward. The User agrees and understands that in the event of a fork of the CONNECT Blockchain, any transaction associated with the CONNECT App or CONNECT Services may not be completed, may be partially completed, incorrectly completed, or substantially delayed. CONNECT is not responsible for any loss incurred by any User caused in whole or in part, directly or indirectly, by a fork of the CONNECT Blockchain.
1.5.6. CONNECT does not currently charge a fee for the CONNECT App, receiving, sending, or storing CONNECT. However, CONNECT reserves the right to do so in the future, and in such case any applicable fees will be displayed prior to the User incurring such fee. Notwithstanding, the CONNECT Blockchain may have Blockchain Transaction Fees required to transact digital reward transactions through the CONNECT Blockchain. CONNECT may attempt to calculate for the User any Blockchain Transactions Fees, though such calculation may be inaccurate or excessive. The User may select a greater or lesser fee, and the User is solely responsible for paying any Blockchain Transaction Fees required on the CONNECT Blockchain. CONNECT will neither advance nor fund any Blockchain Transaction Fee on any User’s behalf, nor be responsible for any excess or insufficient fee calculation.
1.5.7 The User shall be responsible for all activities that occur through the CONNECT APP and accepts all risks of any authorized or unauthorized access to the CONNECT app, to the maximum extent permitted by law. The User represents and warrants that the User is familiar with and accepts the risks associated with digital apps and private keys, including the risks described herein.
1.5.8. From time to time, there may be programs in place to allow User to receive a reward, in the form of CONNECT Reward, NFT, or otherwise, based on actions taken by the User, whether it be by referral or other program in place at the time (“Additional Rewards”). User understands that CONNECT makes no representations or warrants regarding the Additional Rewards. Notwithstanding or limiting the foregoing, CONNECT further makes no representations or warrants surrounding the operation of any CONNECT Services or that said CONNECT Services/Additional Rewards will be error-free or uninterrupted. User accepts the sole responsibility for taking any and all actions to obtain any Additional Rewards and holds CONNECT harmless for any opportunity cost or losses that occur as a result of the non-receipt of anticipated Additional Rewards, monetary or otherwise.
2. PAYMENT TERMS.
2.1. Annual License and Monthly Service Fees.
The User shall pay CONNECT the then-current annual licensing fee and the then-current monthly service fee(s) for CONNECT Services or software licensed from third parties for nodes and any other software. The User agrees that CONNECT may deduct such fees directly from the User’s CONNECT App.
2.2. License and Equipment Purchase.
The User shall enter into a separate License and Equipment Purchase Agreement as it relates to the license of other blockchain protocols and equipment integrated through CONNECT’s software. The User is not required to purchase any equipment, but may use any other equipment technology (e.q. miner, GPU, cell phone, or other technology) that can provide the necessary computing Hash Rate and appropriately and safely access the respective blockchain protocols integrated through CONNECT’s software.
2.3. Maintenance and Hosting Fees.
CONNECT does not provide hosting services, but may refer the User to one or more third-party hosting companies that are not affiliated with CONNECT. If the User elects and as part of a separate hosting agreement, the User may be required to pay certain data center operations maintenance and power fees (“Maintenance Fees”). These Maintenance Fees may be deducted from the User’s digital rewards supported by CONNECT on a daily or monthly basis in advance.
2.4. Blockchain Transaction Fees.
The delivery and receipt of any of the User’s digital rewards are subject to network or transaction fees charged by the blockchain associated with the User-selected algorithm (“Blockchain Transaction Fees”), which are non-refundable. Blockchain Transaction Fees are paid to emit, record, verify, and process a transaction on the blockchains and not retained by CONNECT. Any withdrawal or transfer of the User’s digital rewards may be subject to Blockchain Transaction Fees.
2.5. Other Third-Party Fees.
Certain digital apps, addresses, tools, and third-party software and devices (“Third-Party Fees”) used by the User may also charge the User a fee, including a per transaction or transfer fee, which are non-refundable. The User is responsible for being aware of and satisfying any such fee. The User should note that any such fees may significantly reduce the User’s rewards and therefore the User is responsible for managing the selection, use, rate and frequency of their receipt of rewards to any such Third-Party Fees.
The User is responsible for any taxes, and the User will pay for CONNECT Services without any reduction for taxes. If the User is required by law to withhold any taxes from its payments to CONNECT, the User must provide CONNECT with an official tax receipt or other qualified documentation to support such withholding including value added tax (“VAT”) or similar tax, if applicable. The User will be liable to pay (or reimburse CONNECT) for any taxes, interest, penalties or fines which may arise from any mis-declaration made by the User. The User shall pay CONNECT for all taxes and governmental fees CONNECT is required to collect or pay upon sale or delivery of CONNECT Services.
POTENTIAL USERS OF DIGITAL REWARDS, INCLUDING BUT NOT LIMITED TO BITCOIN, ARE FOREWARNED OF POSSIBLE FINANCIAL LOSS AT THE TIME SUCH CURRENCIES ARE EXCHANGED FOR FIAT CURRENCY DUE TO AN UNFAVORABLE EXCHANGE RATE. MOREOVER, A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE MAY RESULT IN A TAX LIABILITY. USERS SHOULD CONSULT A TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH THE PURCHASE, SALE, EXCHANGE, OR OTHER USE OF DIGITAL REWARDS.
3. USER OBLIGATIONS
3.1. Software and Equipment Allocation
The User is responsible for the allocation of the User’s equipment and selected optimization strategies. The User acknowledges that CONNECT is not responsible for the selection or timing of digital reward optimization strategies and mining, nor is CONNECT responsible for the protocols selected for use in connection with CONNECT Services. The User is solely responsible for these decisions. The User acknowledges that the difficulty of mining may vary and will likely increase over time.
3.2. Log-in Credentials
The User represents and warrants that the User is responsible for the preservation of confidentiality of the User’s login credentials. Login credentials generated for the User by CONNECT Services are for the User’s internal use only and the User is strictly prohibited from selling, transferring, or sublicensing them to any other entity or person.
3.3. Blockchain Network Risk
The User represents and warrants that the User accepts the risks of blockchain protocol and network, including instability, congestion, high transaction costs, network latency, information security, regulatory risk, and technological and operational error. The User understand these risks may result in delay or failure to process transactions, failure to generate Hash Rate, and potentially high Blockchain Transaction Fees or Third Party Fees. The User represents and agrees that CONNECT is not responsible for any diminished CONNECT Services, related features, or capabilities resulting from blockchain network risk. In the event of a material increase or decrease to Blockchain Transaction Fees, Third Party Fees, or operational degradation, congestion, failure or other disruption of the blockchain network used by the User, CONNECT may, at its sole discretion and upon notice to the User, increase or decrease the threshold to deliver the User’s digital reward.
3.4. Blockchain Modification Risk
The User represents and warrants that the User is familiar with and accepts the risks associated with blockchain development and code changes. Blockchain technologies are still under development and may undergo significant changes over time. Blockchain contributors may make changes to features and specifications of the algorithm selected by the User. Such changes may include or result in the elimination or support for specific algorithms and applications.
3.5. Proof-Of-Work Replacement Risk
In addition to blockchain modification risk, blockchain contributors may also modify the cryptographic verification process such that the blockchains can no longer be verified through Proof-of-Work and instead adopt Proof-of-Stake methodologies. The User accepts and acknowledges such risk and shall allocate the User’s hash rate to other available blockchains and mining processes that use Proof-of-Work methodologies. The User further acknowledges that certain blockchain algorithms have no alternative blockchain applications that support Proof-of-Work mining and any such switch from Proof-of-Work to Proof-of-Stake would result in no applicable use of the User’s hash rate.
3.6. Trade Compliance
User shall comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to European Union and U.S. companies, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control and the European Union’s Common Foreign and Security Policy (collectively, “Trade Sanctions Laws”). The User represents and warrants that the User and the User’s financial institutions, or any party that owns or controls the User or the User’s financial institutions, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign as Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority. Further, User represents and warrants that it is currently in compliance with and shall at all times during the term of this agreement remain in compliance with the regulations of the United States Office of Foreign Assets Control (“OFAC”), including those named on FFAC’s Specially Designated and Blocked Persons List, and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit or Support Terrorism), or other governmental action relating thereto. Specifically, User shall not engage in business, sell to, or form a business relationship on behalf of others or for itself with any individual or country in contravention or violation of the aforementioned rules, laws, and regulations. The User shall indemnify and hold harmless Connect against and from any claim, loss, damage or expense (including attorneys’ fees and costs for the underlying investigation) arising from any breach or misrepresentation of this section.
User Acknowledges that its activities under this agreement may be subject to United States and other anit-0bribery and corruption legislation around the world (including without limitations, the U.S. Foreign Corrupt Practices Act and the UK Bribery Act). User warrants that it has not and undertakes and agrees that it shall not, in connection with this Agreement, make or promise to make any payment or transfer of anything of value, directly, or indirectly, to:
i. any governmental official or employee (including employees of government-owned or state-controlled corporations and employees of public international organizations);
ii. any political party, official or candidate;
iii. any intermediary for payment to any of the foregoing; or
iv. to any other person or entity if such payment or transfer would violate the laws of the country in which it is made or the laws of the United States of America
v. User acknowledges and agrees that no payments or transfers of value shall be made that have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business or any improper advantage. The User shall indemnify and hold harmless Connect against and from any claim, loss, damage or expense (including attorneys’ fees and costs for the underlying investigation) arising from any breach or misrepresentation of this section.
3.8 Ownership Restrictions.
User acknowledges and agrees that CONNECT, any developer, or third party contract provider (or, as applicable, any licensors) own all legal right, title and interest in and to all elements of their respective intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of any content provided on the Site, CONNECT App, or CONNECT Blockchain are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All such intellectual property are the property of its owners or licensors, and all trademarks, service marks, and trade names are proprietary to its owner or licensors. Except as expressly set forth herein, the use of the CONNECT Services and CONNECT App does not grant User any ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the CONNECT App.
CONNECT may suspend or terminate the User’s right to access or use CONNECT Services immediately and without notice if: (i) CONNECT determines the User’s use of the CONNECT Services poses a security risk to CONNECT Services or any third party, could adversely impact CONNECT, CONNECT Services or any other CONNECT users, could subject CONNECT, its affiliates, or any third party to liability, or could be fraudulent; (ii) the User is in breach of these Terms & Conditions; (iii) Connect determines in its sole and absolute discretion for any reason or no reason that it is in its best interest;(iv) the User initiated a chargeback or dispute with respect to any payment or purchase of the CONNECT Services; or (v) the User has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
4.2. Effect of Suspension.
If CONNECT suspends the User’s right to access or use any portion or all of the CONNECT Services, the User shall remain responsible for all fees and charges the User incurs during the period of suspension, including any Maintenance Fees, Third Party Fees and Blockchain Transaction Fees; and the User may be in violation of the User’s hosting agreement or the blockchain protocols, which may prevent or limit the User’s entitlement to any results or rewards that may have occurred during the period the CONNECT Services was temporarily suspended. User agrees to pay any fee charged by CONNECT to reconnect the CONNECT Services.
4.3. Effect of Termination
If CONNECT terminates the User’s right to access or use any portion or all of the CONNECT Services, then all of the User’s rights under these Terms & Conditions immediately terminate and the User shall remain responsible for all Service Fees incurred and owed to CONNECT through the termination date.
5. DECENTRALIZED GOVERNANCE
5.1. Decentralized Advisory Board. The CONNECT Blockchain may have a decentralized advisory board.
5.2. Consensus Nodes. The CONNECT Blockchain has consensus nodes, which are the CONNECT Nodes that approve and validate transactions and contribute to the security and stability of the network. Any User that owns a CONNECT Node involved in the consensus protocol may be rewarded from the CONNECT Blockchain and be able to charge Blockchain Transaction Fees.
5.3. Community and Decentralized Innovation. The CONNECT Blockchain invites any person or entity throughout the world to contribute to the CONNECT Blockchain, including coders, application developers, marketers, advertisers, and service and maintenance providers. Accepted amendments, updates, and innovation from individuals or groups of the CONNECT Blockchain community may be rewarded from the CONNECT Blockchain rewards.
6. CONFIDENTIAL INFORMATION
The User may be exposed to Connect’s (and other affiliated blockchain protocols) Confidential Information. “Confidential Information” means any information, in any form or medium, whether marked confidential or not, disclosed to the Contractor under this agreement, including, but not limited to, proprietary information, products, protocols, standards, manuals, services, business plans, customer lists, know-how, trade secrets, intellectual property rights, technical specifications, source code, object code, screen displays, designs, flowcharts, drawings, processes, algorithms, software programs, databases, marketing plans, articles, strategic direction, price lists, financial information or projections, notes, memoranda, extracts, summaries, reports, and/or analysis, including any and all derivative works of the aforementioned. Confidential Information shall not include information that is: (a) in the public domain, or subsequently becomes in the public domain, other than by breach of this or another agreement; (b) lawfully disclosed by a third party on a non-confidential basis to User, provided that the third party did not directly or indirectly receive the item from Connect; or (c) independently developed by the User without access to Connect’s Confidential Information and all such development efforts can be clearly documented by User.
User acknowledges that all Confidential Information is and shall continue to be the exclusive property of Connect. User agrees to hold all Confidential Information received from Connect in trust and confidence and agrees that such information shall be used only for the purposes of this agreement. User shall not disclose, directly or indirectly, the Confidential Information to any third parties, or otherwise use the Confidential Information in a manner detrimental to Connect. User shall not make copies of any documents containing Confidential Information or disassemble, decompile, publicly display, distribute, create derivatives, or reverse engineer any materials, items, or products provided by the Connect. User understands that all Confidential Information is important, unique, and materially affects Connect’s goodwill and success in conducting its business activities, and hereby agrees to indemnify and save harmless Connect for damages that may arise from the unauthorized disclosure of Confidential Information by the User. This agreement extends to Confidential Information that may have been previously disclosed to Contractor prior to the execution of this Agreement.
User may be exposed to other third parties confidential or proprietary information. User will safeguard and keep confidential the confidential or proprietary information of customers, vendors, contractors, and other parties with which Connect does business to the same extent as if it were Connects Confidential Information and the prohibitions and restrictions herein apply equally to third parties confidential and proprietary information received by User pursuant to this agreement as if it were connects Confidential Information.
User shall immediately inform Connect, in writing, of any misappropriation, unauthorized use, or disclosure of Confidential Information and will cooperate in every reasonable way to prevent further disclosure and to obtain possession of the misappropriated Confidential Information.
Upon written request from Connect, user shall return to Connect (or destroy upon the request of the Connect) all Confidential Information received by User.
The User is permitted to state publicly that it is a customer of CONNECT, consistent with any Trademark Guidelines which may be adopted by CONNECT from time to time. If the User wants to display CONNECT in connection with its use of CONNECT Services, the User must obtain written permission from CONNECT. The User shall not issue any press release or make any other public communication with respect to these Terms & Conditions or the User’s use of CONNECT Services.
8. REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that: (i) it has full power and authority to enter into these Terms & Conditions; and (ii) it will comply with all laws and regulations applicable to its provision or use of CONNECT Services.
9. DISCLOSURES & RISKS
9.1 Notification. CONNECT notifies User of certain disclosures and risks associated with digital rewards and Blockchain technology. CONNECT Services are not an investment product, and no action, notice, communication by any means, or omission by CONNECT shall be understood or interpreted as such. CONNECT has no influence whatsoever on any blockchain, the mining of digital rewards, or the associated digital reward. The license of software and the ownership of any equipment or use of CONNECT Services does not represent or constitute any ownership right or stake, share or security, debt or equivalent right, or any right to receive any future revenue or form of participation in or relating to CONNECT or any blockchain or digital reward.
9.2 Digital Rewards. Digital rewards are not considered legal tender, are not issued or backed by any government, and have fewer regulatory protections than traditional currency. Moreover, digital rewards accounts are not insured against theft or loss by any insurance corporation or securities investor protection, including the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
9.3 Market Risk. The value of digital rewards is derived from supply and demand in the global marketplace, which can rise or fall independent of any government currency. Holding digital rewards carries exchange rate and other types of risk. The value of digital rewards may be derived from the continued willingness of market participants to exchange traditional government currency for digital rewards, which may result in the potential for permanent and total loss of value of a particular digital reward should the market disappear. The volatility and unpredictability of the price and value of digital rewards, relative to government currency, may result in significant loss over a short period of time. CONNECT cannot guarantee or warrant the value of any digital reward or blockchain, and explicitly warns the User that there is no reason to believe that any digital reward will increase in value, and that they may hold no value, decrease in value, or entirely lose value.
9.4. Regulatory Risk. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of digital rewards.
9.5 Technology Risk. Digital reward transactions may be irreversible and losses due to fraudulent or accidental transactions may not be recoverable. Some digital reward transactions are deemed to be made when recorded on a public ledger, which may not necessarily be the date or time the user initiated the transaction. The nature of digital reward may lead to an increased risk of fraud or cyber-attacks.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONNECT, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. CONNECT, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF CONNECT SERVICES. THE USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. NEITHER CONNECT, ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SOFTWARE, CONNECT SERVICES, OR BLOCKCHAINS WILL BE ERROR-FREE OR UNINTERRUPTED. CONNECT, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.
11. LIMITATION OF LIABILITY
THE AGGREGATE LIABILITY OF CONNECT, ITS SUPPLIERS, CONTRACT PARTNERS, AFFILIATES, AND THE LIKE (ALTOGETHER THE “CONNECT PARTIES”) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE CONNECT SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER CONTRACT, WARRANTY, TORT, STRICT LIABILITY, MALPRACTICE, INDEMNITY, AND/OR OTHERWISE, AND WHETHER OR NOT ARISING IN WHOLE OR IN PART FROM THE CONNECT PARTIES FAULT, NEGLIGENCE, OR OMMISSIONS, SHALL NOT EXCEED THE AMOUNT PAID BY THE USER FOR ONE MONTH ACCESS TO THE CONNECT SERVICES MINUS ANY DIGIGAL REWARDS GENERATED OR RECEIVED BY THE USER AS A RESULT OF THE USE OF THE CONNECT SERVICES. THE CONNECT PARTIES SHALL NOT IN ANY CASE BE LIABLE FOR ANY LOST OPPORTUNITY COSTS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE CONNECT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE. THE CONNECT PARTIES SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY CLAIM, LIABILITY OR DAMAGES RESULTING FROM OR RELATING TO YOUR USE OF THE CONNECT SERVICES OR ANY RELIANCE THEREON. THE CONNECT PARTIES ARE NOT RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF THE CONNECT SERVICES, FAILURE OF THE CONNECT SERVICES TO OPERATE WITHOUT INTERRUPTION, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM. THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES OF THE CONNECT PARTIES ARE NOT PARTIES TO THIS AGREEMENT AND SHALL HAVE NO LIABILITY RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR SUE AND RELIANCE ON THE CONNECT SERVICES. YOU ACKNOWELDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THIS AGREEMENT IS CONDITIONED ON YOUR REPRESENTATION THAT YOU HAVE ACCEPTED AND AGREE TO BE BOUND BY THIS AGREEMENT AND THESE PROVISIONS AND DISCLAIMERS. THIS LIMITATION OF LIABLITY DOES NOT APPLY TO VIOLATIONS OF THE CONNECT PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR THE USER’S PAYMENT OBLIGATIONS.
User agrees to indemnify and hold harmless the Connect Parties from and against any loss, cost, or expense incurred as a consequence of any breach of warranty or representation hereunder by User. Additionally, the User will defend, hold harmless, and indemnify CONNECT and its Affiliates against any settlement amounts approved by the User and damages and costs finally awarded against the User and its affiliates by a court of competent jurisdiction in any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding) to the extent arising from the User’s use of CONNECT Services.
The User will not assign or otherwise transfer the User’s rights and obligations under these Terms & Conditions, without the prior written consent of CONNECT, which may be unreasonably withheld. Any assignment or transfer in violation of this section will be void. CONNECT may assign these Terms & Conditions without the User’s consent (i) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (ii) to any Affiliate or as part of a reorganization; and effective upon such assignment, the assignee is deemed substituted for CONNECT as a party to these Terms & Conditions and CONNECT is fully released from all of its obligations and duties to perform under these Terms & Conditions. Subject to the foregoing, these Terms & Conditions will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns. The User may not merge these Terms & Conditions with any other agreements with which CONNECT may be a party.
Any dispute, controversy, difference or claim arising out of or relating to these Terms & Conditions or relating in any way to the User’s use of CONNECT Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms & Conditions shall be commenced only in a court in the State of Wyoming (federal or state), and the User and Connect each consent to the exclusive jurisdiction of such Courts. Notwithstanding the foregoing CONNECT and the User agree that CONNECT may bring suit in court to enjoin infringement or other misuse of CONNECT’s intellectual property rights. The prevailing party in any court action shall be entitled to costs and reasonable attorneys’ fees. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. CUSTOMER ACKNOWLEDGES THAT, BY AGREEING TO THESE TERMS, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
13.3. Entire Agreement.
13.4. Force Majeure.
CONNECT and its affiliates will not be liable for any failure or delay in performance of obligation under these Terms & Conditions where the failures or delay results from any cause beyond reasonable control, including, but not limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Force Majeure events include, but are not limited to, upgrades to the validation rules of a given blockchain (e.g., a “hard fork” or “soft fork”).
13.5. Governing Law.
Any claim or dispute between the User and CONNECT arising out of or relating to the User’s use of the CONNECT website, CONNECT Services, or these Terms & Conditions, in whole or in part, shall be governed by the laws of the State of Wyoming, USA without respect to its conflict of laws provisions. The 1980 United Nations Conventions on Contracts for the International Sale of Goods does not govern these Terms & Conditions.
All communications and notices made or given pursuant to these Terms & Conditions must be in the English language. If we provide a translation of the English language version of these Terms & Conditions, the English language version will control if there is any conflict.
13.7. Notices to the User and CONNECT.
CONNECT may provide any notice to the User under these Terms & Conditions by: (i) posting a notice on the CONNECT website; or (ii) sending a message to the email address then associated with the User’s account. Notices provided on the CONNECT website will be effective upon posting and notices provided by email will be effective when the email is sent. It is the User’s responsibility to keep the User’s email address current. To give CONNECT notice under these Terms & Conditions, the User must contact CONNECT. CONNECT may update the address for notices by posting a notice on its website.
If any portion of these Terms & Conditions is held to be invalid or unenforceable, the remaining portions will remain in full force and effect.
13.9. No Third-Party Beneficiaries.
This Agreement is for the sole benefit of the parties hereto and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
Nothing herein shall be construed to create a joint venture or partnership between the parties hereto or an employer/employee or agency relationship. Neither party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.
Last updated November 24, 2021
This privacy notice describes how we might use your information if you:
Visit our website at http://connectunited.com
Engage with us in other related ways ― including any sales, marketing, or events
In this privacy notice, if we refer to:
“Website,” we are referring to any website of ours that references or links to this policy
“Services,” we are referring to our Website, and other related services, including any sales, marketing, or events
The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
5. HOW LONG DO WE KEEP YOUR INFORMATION?
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
7. DO WE COLLECT INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
11. DO WE MAKE UPDATES TO THIS NOTICE?
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
13. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use.
The personal information we collect may include the following:
Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; contact preferences; contact or authentication data; billing addresses; and other similar information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Switch. You may find their privacy notice link(s) here: https://switchkyc.co.uk/privacy-policy/.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.
We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:
Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at firstname.lastname@example.org and be sure to include your name, testimonial location, and contact information.
Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.
Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS?” below).
Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
5. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at email@example.com.
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions or comments about your privacy rights, you may email us at firstname.lastname@example.org.
If you would at any time like to review or change the information in your account or terminate your account, you can:
Log in to your account settings and update your user account.
Contact us using the contact information provided.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
Access your account settings and update your preferences.
Contact us using the contact information provided.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a “resident” as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purposeAll other individuals are defined as “non-residents.”
If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category Examples Collected
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name
B. Personal information categories listed in the California Customer Records statute
Name, contact information, education, employment, employment history and financial information
C. Protected classification characteristics under California or federal law
Gender and date of birth
D. Commercial information
Transaction information, purchase history, financial details and payment information
E. Biometric information
Fingerprints and voiceprints
F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
G. Geolocation data
H. Audio, electronic, visual, thermal, olfactory, or similar information
Images and audio, video or call recordings created in connection with our business activities
I. Professional or employment-related information
Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us
J. Education Information
Student records and directory information
K. Inferences drawn from other personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at email@example.com.
If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.
Connect has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. We will not sell personal information in the future belonging to website visitors, users and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data – Request to delete. You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.
Right to be informed – Request to know
Depending on the circumstances, you have a right to know:
whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell your personal information to third parties;
the categories of personal information that we sold or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
you may object to the processing of your personal data
you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.
To exercise these rights, you can contact us by email at firstname.lastname@example.org, If you have a complaint about how we handle your data, we would like to hear from you.
11. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at email@example.com or by post to:
680 S Cache St
Jackson, WY 83001
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here.
Policies and Procedures
Effective November 23, 2021
SECTION 1 - MISSION STATEMENT
GIVE. SHARE. SAVE. CONNECT. THROUGH SIMPLE BLOCKCHAIN SOLUTIONS.
SECTION 2 - INTRODUCTION
The purposes include the following:
❖ To assist Win Nodes in their Personal Activities;
❖ To protect the Win Blockchain (“Blockchain” or “WB”) and you from legal and regulatory risks;
❖ To establish standards of acceptable behavior;
❖ To set forth the rights, privileges, and obligations of the Blockchain and its Win Nodes;; and
❖ To define the relationship between the Blockchain and its Win Nodes. The definition of the Win Node is found in the Win Node Agreement.
2.2 - Policies and Procedures Incorporated into the Win Node Agreement
2.3 - Changes to the Agreement
The Blockchain reserves the right to amend or change the Agreement, the Compensation Plan, and its prices in its sole and absolute discretion by its decentralized board. By executing the Agreement, you agree to abide by all amendments or modifications that Blockchain’s decentralized board elects to make. Amendments shall be effective immediately. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Blockchain’s (or licensees) official web site; (2) electronic mail (e-mail); (3) posting in Win Nodes’ back-offices; (4) inclusion in Blockchain periodicals; (5) inclusion in product orders or bonus checks; or (6) special mailings. The continuation of Win Nodes business, the acceptance of any benefits under the Agreement, or a Win Nodes acceptance of bonuses or commissions constitutes acceptance of all amendments or changes.
2.4 - Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
2.5 - Waiver
The Blockchain never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of the Blockchain to exercise any right or power under the Agreement or to insist upon strict compliance by Win Node with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of the Blockchain’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of a Win Node against the Blockchain shall not constitute a defense to the Blockchain’s decentralized compliance enforcement of any term or provision of the Agreement.
2.6 - Blockchain Use of Information
By becoming a Win Node and entering into the Agreement, the Win Node consents to allow the Blockchain, its Win Nodes, and any related Blockchain to: (a) process and utilize the Win Node’s information for business purposes related to the Blockchain; and (2) disclose, now or in the future, such Win Node information to companies or other blockchains which the Blockchain may, from time to time, deal with or to deliver information to a Win Node to improve its marketing, operational, and promotional efforts. A Win Node has the right to access his or her personal information via his or her respective back office, and to submit updates thereto.
SECTION 3 - BECOMING A WIN NODE
3.1 - Requirements to Become a Win Node
To become a Blockchain WIN Node, you must:
❖ Be at least 18 years of age;
❖ Reside in the United States or U.S. Territories or location that the Blockchain has officially announced is open for business;
❖ Sign the Agreement, Policies and Procedures, Code of Conduct, Terms and Conditions.
❖ As a result of Personal Activities become Cryptographically Tied to five (5) Activations of a Blockchain product or service or five (5) Active Customers or Active Win Nodes.
Blockchain reserves the right to accept or reject any Win Node for any reason or for no reason.
3.2 - Product and License Purchases
No person is required to purchase Blockchain products, services, or to pay any charge or fee to become a Win Node. In order to familiarize new Win Nodes with Blockchain products, services, sales techniques, sales aids, and other matters, the Blockchain recommends that a Win Node Activate a software node.
3.3 - Win Node Benefits
Once the Agreement is signed, the benefits include:
❖ Market and sell Blockchain products and services;
❖ Receive Benefits from the WIN Blockchain (receive Direct and Node Support bonuses and commissions, if eligible);
❖ Receive periodic Blockchain literature and other Blockchain communications;
❖ Participate in Blockchain-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
❖ Participate in promotional and incentive contests and programs sponsored by Blockchain for its Win Nodes.
3.4 - Term
The License Agreement shall remain in full force and effect unless and until it is terminated by one of the parties.
SECTION 4 - OPERATING AS A WIN NODE
4.1 - Adherence to the WIN Blockchain
Win Nodes must adhere to the terms of the License Agreement (and other signed documents) and the WIN Blockchain as set forth in Official Blockchain Material. Win Nodes shall not market or advertise the Benefits through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in Official Blockchain Material. Win Nodes shall not require or encourage other current or prospective Customers or Win Nodes to execute any agreement or contract other than official Blockchain agreements and contracts in order to become a Win Node. Similarly, Win Nodes shall not require or encourage other current or prospective Customers or Win Nodes to make any purchase from, or payment to, any individual or other entity to participate in the WIN Blockchain other than those purchases or payments identified as recommended or required in Official Blockchain Material.
4.2 - Advertising
4.2.1 - General
All Win Nodes shall safeguard and promote the good reputation of Blockchain (and other affiliated entities and blockchains) and its/their products and services. The marketing and promotion of Blockchain and the products and services must avoid all discourteous, deceptive, misleading, unethical or immoral, or illegal conduct or practices.
To promote both the products and services and the Blockchain-supported Blockchains, Win Nodes should use the sales aids, business tools, and support materials produced by Blockchain. The Blockchain or affiliated entities have carefully designed its products, product labels, and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and the materials comply with the legal requirements of federal and state laws.
Accordingly, Win Nodes may only advertise or promote Blockchain and its products and services using approved tools, templates or images approved through the Blockchain. No further approval is necessary to use these approved tools.
4.2.2 - Trademarks and Copyrights
The name of Blockchain and other names as may be adopted by Blockchain are proprietary trade names, trademarks and service marks of Blockchain (collectively “marks”). As such, these marks are of great value to Blockchain and are supplied to Win Nodes for their use only in an expressly authorized manner. Blockchain will only allow the limited non-exclusive use of its marks, designs, or symbols, or any derivatives thereof, solely by an Win Node in the furtherance or operation its Personal Activities consistent with these Policies and Procedures. Blockchain will not allow the use of its marks, designs, or symbols, or any derivatives thereof, by any person, including Win Nodes, in any manner without Blockchain’s prior, written permission.
The content of all Blockchain sponsored events is copyrighted material. Win Nodes may not produce for sale or distribution any recorded Blockchain events and speeches without written permission from Blockchain, nor may Win Nodes reproduce for sale or for personal use any recording of Blockchain-produced audio or video tape presentations.
As an independent Win Node, you may use the Blockchain name in the following manner
Win Node’s Name
Independent Win Blockchain Win Node (affiliate)
Independent Win Blockchain Win Node (affiliate)
Independent Win Node (affiliate)
Win Nodes may not use the name Win Blockchain in any form in your tagline, an external website name, your personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Additionally, only use the phrase Independent Win Blockchain Win Node (affiliate) in your phone greeting or on your answering machine to clearly separate your independent relationship from the Blockchain or its affiliated entities/blockchains. For example, you may not secure the domain name www.buyWinBlockchain.com, or something similar, nor may you create an email address such as WinBlockchainsales@gmail.com, or something similar.
188.8.131.52 - Blockchain Logo
If you use a Blockchain logo in any communication outside of the replicated websites or provided share offers you must receive written approval from the Blockchain decentralized board or decentralized compliance.
4.2.3 - Media and Media Inquiries
Win Nodes must not attempt to respond to media inquiries regarding Blockchain, its products or services, or any Blockchain-supported Blockchain. All inquiries by any type of media must be immediately referred to Blockchain’s decentralized compliance department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
4.2.4 - Unsolicited Email
The Blockchain does not permit Win Nodes to send unsolicited commercial emails unless such emails strictly comply with applicable state and federal laws and regulations including, without limitation, the federal CAN SPAM Act. The CAN-SPAM Act regulates the transmission of all commercial e-mail messages, not just unsolicited messages. A commercial e-mail message is defined as any e-mail that has a “primary purpose of . . . commercial advertisement or promotion of a commercial product or service.” This includes commercial e-mails sent to business e-mail accounts, as well as those sent to individual consumers.
184.108.40.206 - Requirements for All Commercial Email Messages
The Mailing List
❖ The mailing list may include only persons who have affirmatively agreed (opted in) to receive commercial e-mail from you.
❖ The mailing list must not include any recipient who has previously asked not to receive commercial e-mail from the business (opted out).
❖ You must “scrub” the mailing list against available “do not e-mail” list at the last possible, commercially reasonable moment before the e-mail is sent.
The E-mail Message
❖ The message must include complete and accurate transmission and header information.
❖ The “From” line must identify your business as the sender. This does not have to include your business’s formal name, if any. For example, it may contain your business’s name, trade name, or product or service name. The key requirement is that the “From” line provide the recipient with enough information to understand who is sending the message.
❖ The “Subject” line must accurately describe the message’s content.
❖ The message must clearly include the business’s valid, current physical postal address. This address can be a:
o street address;
o post office box that the business has accurately registered with the US Postal Service; or
o private mailbox that the business has accurately registered with a commercial mail receiving agency established pursuant to US Postal Service regulations.
❖ The message must disclose that it is an advertisement or solicitation unless the e-mail message is sent only to recipients who have affirmatively agreed (opted in) to receive these messages from the business.
❖ There must be a functioning return email address to the sender.
❖ The use of deceptive subject lines and/or false header information is prohibited.
The Opt-out Mechanism
❖ The message must clearly explain that the recipient may opt out of receiving future commercial messages from the business.
❖ The message must include either an e-mail address or other online mechanism that the recipient may use for this opt out. The mechanism must not require the recipient to:
o do anything more than reply to the e-mail or visit a single web page to opt out;
o make any payment or submit any personal information, including account information (other than e-mail address), to opt out; and
o the opt-out mechanism must work for at least 30 days after the e-mail is sent.
❖ You must ensure that the explanation of how a recipient can opt out is easy to read and understand.
❖ You may include a menu of opt-out options that permit the recipient to select the types of commercial messages the recipient would like to continue receiving. However, one option must permit opting out of all commercial messages from you.
❖ You must honor all opt-out requests within ten business days.
❖ Opt-out requests do not expire. An opt-out is overridden only by the recipient’s subsequent express (opt in) request to receive commercial e-mail.
❖ All opt-out requests, whether received by email or regular mail, must be honored. If you receive an opt-out request from a recipient of an email, you must forward the opt-out request to the Blockchain.
❖ You may not sell, share or use a business’s opt-out list for any reason other than to comply with the law.
Monitoring Opt-out Capabilities – If you use a third-party service provider you must implement procedures to ensure that your opt-out capabilities actually work. An example of a basic procedure to test the opt-out procedure is as follows:
❖ Establish e-mail accounts with several major private e-mail account providers (for example, Gmail, Yahoo, Hotmail, AOL, and so on) and add these e-mail addresses to the business’s mailing list. For each e-mail address created for monitoring purposes, use the business’s opt-out mechanism to remove the e-mail address from the mailing list.
❖ Repeat this procedure on a regular basis (for example, at least every two weeks).
❖ Examine the e-mail received by the monitoring e-mail account to confirm that the: the opt-out mechanism works; the opt-out request is honored within 10 business days; and the monitoring e-mail account no longer receives commercial messages from the business.
❖ If the monitoring and testing process reveals problems, the business should immediately fix the issues.
Third-party Marketing Affiliates or Service Providers - When using third-party service providers, including affiliate marketers you should ensure that the written contract with the service provider clearly sets out each party’s responsibilities for compliance with the CAN-SPAM Act and includes appropriate and adequate remedies for noncompliance.
220.127.116.11 - Additional Requirements for Email Messages Sent to Wireless Devices
When sending commercial messages to wireless devices:
❖ Ensure that you have the recipient’s prior, affirmative consent (opt in) to send the commercial message. The consent can be oral, written or electronic.
❖ Ask for consent in a way that involves no cost to the recipient, for example:
o do not send the request to the wireless device; and
o allow the recipient to respond in a way that involves no cost (such as an online, e-mail or postal mail sign-up).
❖ When seeking consent, make it clear that the recipient:
o is agreeing to receive commercial e-mail on his wireless device;
o may be charged to receive the e-mail; and
o can revoke his consent at any time.
18.104.22.168 - Commercial Email Messages Sent on Behalf of Win Nodes
Blockchain may periodically send commercial emails on behalf of Win Nodes. By entering into the Agreement, Win Node agrees that the Blockchain may send such emails and that the Win Node’s physical and email addresses will be included in such emails as outlined above. Win Nodes shall honor opt-out requests generated as a result of such emails sent by the Blockchain.
4.2.5 - Unsolicited Faxes
Except as provided in this section, Win Nodes may not use or transmit unsolicited faxes to any third party. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting Blockchain, its products, services, or any of the Blockchain-supported Blockchains or any other aspect of the Blockchain which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Win Node has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between a Win Node and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Win Node; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
4.2.6 - Telephone Directory Listings
Win Nodes may list themselves as an “Independent Win Blockchain Win Node (affiliate)” in the white or yellow pages of the telephone directory, or with online directories, under their own name. No Win Node may place telephone or online directory display ads using Blockchain's name or logo. Win Nodes may not answer the telephone in any manner that would lead the caller to believe that he or she has reached corporate offices of the Blockchain or an of its affiliated entities or blockchains. If a Win Node wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
Win Node's Name
Independent Win Blockchain Win Node (affiliate)
4.2.7 - Television and Radio Advertising
Win Nodes may not advertise on television and radio except with Blockchain’s express written approval.
4.2.8 - Advertised Prices
Win Nodes may not create their own marketing or advertising material offering any Blockchain products or services at a price less than the current price found in the shopping cart. Similarly, Win Nodes may not sell or resell any Blockchain products or services at a price less than the current price in the shopping cart. For the sake of clarification, all sales transactions must occur on official Blockchain sites utilizing the shopping cart.
4.3 - Online Conduct
4.3.4 - Win Node Websites
If a Win Node desires to utilize an Internet web page to promote Blockchain, the products or services, or the Blockchain-supported Blockchains, the Win Node may do so through the Blockchain’s official website, or using official Blockchain Replicated Website templates. Through their replicated websites, Win Nodes can Activate Apps or products and services, Activate new Customers and Win Nodes, as well as manage their dashboard and Personal Activities. It is the Win Node’s obligation to ensure his or her online marketing activities are truthful, are not deceptive and do not mislead prospective or current Customers or Win Nodes in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will result in disciplinary action. Deceptive and misleading tactics include, but are not limited to, spam linking (or blog spam), deceptive or misleading search engine optimization (“SEO”) tactics (e.g., deceptive or misleading metatags), deceptive or misleading click-through ads (i.e. having the display URL of a Pay-Per-Click (“PPC”) campaign appear to be directed to an official Blockchain site when it in fact goes elsewhere), unapproved banner ads, and unauthorized press releases. Blockchain decentralized compliance will be the sole determinant of truthfulness and whether specific activities are misleading or deceptive.
4.3.5 - Blockchain Replicated Websites
Win Nodes receive a Blockchain Replicated Website to facilitate its Personal Activities for the Activation of new products and services, prospective and existing Customers and Win Nodes.
Win Nodes may not alter the branding, artwork, look, or feel of their Replicated Website, and may not use their Replicated Website to promote, market or sell non-Blockchain products, services or support of non-Blockchain supported Blockchains. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:
❖ Your Name
❖ Blockchain Corporate Website Redirect Button
❖ Artwork, logos, or graphics
❖ Original text.
Because Replicated Websites reside on the Blockchain.com domain, Blockchain reserves the right to receive analytics and information regarding the usage of your website.
By default, your Blockchain Replicated Website URL is www.Blockchain.com/. You must change this default ID and choose a uniquely identifiable website name that cannot:
❖ Be confused with other portions of the Blockchain corporate website;
❖ Confuse a reasonable person into thinking they have landed on a Blockchain corporate page;
❖ Be confused with any Blockchain name;
❖ Contain any discourteous, misleading, or off-color words or phrases that may damage Blockchain’s image.
4.3.6 - Domain Names, email Addresses and Online Aliases
You are not allowed to use or register Blockchain or any of Blockchain’s trademarks, product names, or any derivatives, for any Internet domain name, email address, or online aliases. Additionally, you cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of Blockchain. Examples of the improper use of Blockchain include, but are not limited to any form of Blockchain showing up as the sender of an email or examples such as:
4.3.7 - Monetizing Websites
Win Nodes may not monetize their Replicated Website through affiliate programs, pay-per-click or cost-per-impression advertising, selling ad space, accepting donations, accepting sponsored posts or articles, adSense, or similar programs.
4.3.8 - eBay / Online Auctions
Blockchain’s products and services may not be listed on eBay or other online auctions, nor may Win Nodes enlist or knowingly allow a third party to sell Blockchain products on eBay or other online auction.
4.3.9 - Online Retailing
Win Nodes may not list or sell Blockchain products on any online retail store or ecommerce site (such as Amazon), nor may you enlist or knowingly allow a third party to sell Blockchain products on any online retail store or ecommerce site.
4.3.10 - Banner Advertising
You may place banner advertisements on a website provided you use Official Blockchain Material. All banner advertisements must link to your Replicated Website. Win Nodes may not use blind ads (ads that do not disclose the identity of the Blockchain) or web pages that make product or income claims that are ultimately associated with Blockchain products or any Blockchain-supported Blockchain.
4.3.11 - Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
4.3.12 - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)
Win Nodes may upload, submit or publish Blockchain-related video, audio or photo content that they develop and create so long as it aligns with Blockchain’s values, contributes to the Blockchain community greater good, and is in compliance with Blockchain’s Policies and Procedures. All submissions must clearly identify you as an Independent Blockchain Win Node in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. Win Nodes may not upload, submit or publish any content (video, audio, presentations or any computer files) received from Blockchain or captured at official Blockchain events or in buildings owned, leased, or operated by Blockchain without prior written permission from Blockchain.
4.3.13 - Sponsored Links / Pay-Per-Click (PPC) Ads
Except as prohibited elsewhere within the Policies and Procedures, sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to the Win Node’s Replicated Website. The display URL must also be to the Win Node’s Replicated Website, and must not portray any URL that could lead the user to believe they are being directed to a Blockchain Corporate site, or be inappropriate or misleading in any way.
4.3.14 - Domain Names and Email Addresses
Except as set forth in the License Agreement, Win Nodes may not use or attempt to register any of Blockchain’s trade names, trademarks, service names, service marks, product names, the Blockchain’s name, or any derivative of the foregoing, for any Internet domain name, email address, or social media name or address.
4.3.15 - Social Media
In addition to meeting all other requirements specified in these Policies and Procedures, should you utilize any form of social media, including but not limited to Facebook, Twitter, LinkedIn, YouTube, or Pinterest, you agree to each of the following:
❖ No product Activations may occur on any social media site. To generate Activations, a social media site must link only to your Blockchain Replicated Website.
❖ Any social media site that is directly or indirectly operated or controlled by an Win Node that is used to discuss or promote Blockchain’s products or services or any Blockchain-supported Blockchain may not link to any website, social media site, or site of any other nature, other than the Win Node’s Blockchain replicated website.
❖ During the term of this Agreement and for a period of 12 calendar months thereafter, a Win Node may not use any social media site on which they discuss or promote, or have discussed or promoted Blockchain, Blockchain’s products or services, or any Blockchain-supported Blockchain to directly or indirectly solicit Win Nodes for another direct selling or network marketing program (collectively, “direct selling”). In furtherance of this provision, a Win Node shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other Win Nodes relating to the Win Node’s other direct selling activities. Violation of this provision shall constitute a violation of the non-solicitation provision in the Conflicts of Interest section below.
❖ A Win Node may post or “pin” photographs of Blockchain products or services on a social media site, but only photos that are provided by Blockchain and downloaded from the Win Node’s dashboard may be used.
If an Win Node creates a business profile page on any social media site that promotes or relates to Blockchain, its products, services, or any Blockchain-supported Blockchain, the business profile page must relate exclusively to the Win Node’s Personal Activities for Blockchain and the Blockchain products, services and Blockchain-supported Blockchains. If the Win Node is no longer Active or Cancels the License Agreement, the Win Node must deactivate the business profile page.
4.4 - Business Entities
A corporation, limited liability Blockchain, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Win Node by submitting the License Agreement along with a properly completed Business Entity Registration Form and a properly completed IRS Form W-9. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership (legal or equitable) interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to Blockchain, compliance with these Policies and Procedures, the License Agreement, and other obligations to Blockchain.
4.4.4 - Removal of an Affiliated Party
To prevent the circumvention of the Sale, Transfer or Assignment of Win Node section, if any Affiliated Party wants to terminate its relationship with the Business Entity or Blockchain, the Affiliated Party must terminate its affiliation with the Business Entity, notify Blockchain in writing that Win Node has terminated its affiliation with the Business Entity, and must comply with the provisions of the Sale, Transfer or Assignment of Blockchain Business section. In addition, the Affiliated Party foregoing its interest in the Business Entity may not participate as a Win Node for six (6) consecutive calendar months in accordance with the Termination and Re-application section. If the Business Entity wishes to bring on any new Affiliated Party, it must adhere to the requirements of the Sale, Transfer or Assignment of Win Node section.
4.4.5 - Changes to a Business Entity
Each Win Node must immediately notify Blockchain of all changes to type of business entity they utilize in operating their Node and the addition or removal of business Affiliated Parties.
4.5 - Change of Cryptographic Ties
Blockchain cannot approve any changes in Cryptographic Ties on the WIN Blockchain. In order to protect the transparency and security of each Block, no Win Node may interfere with the Cryptographic Ties between another Win Node and any Activation of any Customer or Win Node. A Win Node may not offer, entice, encourage, solicit, recruit, or otherwise influence or attempt to persuade another Customer or Win Node to change its Cryptographic Ties. Accordingly, any transfer or change of any Cryptographic Ties on any Block within the WIN Blockchain is rarely permitted. Requests for change of Cryptographic Ties must be submitted through the consensus and voting protocol for the WIN Blockchain. Changes or transfers of Cryptographic Ties for any Block will only be considered in the following two circumstances:
4.5.4 - Node Approval
The Win Node seeking to change its Cryptographic Ties on any Block submits a request through the consensus and voting protocol for the WIN Blockchain, and approval must be provided for the Win Node’s Cryptographic Ties.
4.5.5 - Termination and Re-application
A Win Node automatically loses its Cryptographic Ties by voluntarily Cancellation of the License Agreement or not being Active for more than two (2) months. Following the two month period of inactivity, the former Win Node may reapply under a new License Agreement with its Activation on a new Block and new Cryptographic Ties on the WIN Blockchain.
4.5.6 - When a Win Node loses its Cryptographic Ties, each Customer and Win Node with Cryptographic Ties to such terminated Node shall be changed and transferred to the Active Win Node with Cryptographic Ties from the previous Block (or the previous Block or any other previous Block until an Active Win Node is found with Cryptographic Ties to such Customers and Win Nodes).
4.5.7 - Waiver of Claims
In cases in which the procedures for changes in Cryptographic Ties have not been followed, and new Cryptographic Ties have been Activated in an attempt to circumvent or improperly change the existing Cryptographic Ties or in an improper attempt to own a second WIN Node, Blockchain reserves the sole and exclusive right to Cancel the License Agreement. Therefore, WIN NODES WAIVE ANY AND ALL CLAIMS AGAINST BLOCKCHAIN, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM BLOCKCHAIN’S DECISION TO TERMINATE ANY WIN NODE FOR ANY IMPROPER ACTIVITY BY SUCH WIN NODE REGARDING ITS CRYPTOGRAPHIC TIES ON THE WIN BLOCKCHAIN.
4.6 - Unauthorized Claims and Actions
4.6.4 - Indemnification
A Win Node is fully responsible for all of its verbal and written statements made regarding Blockchain products, services, and the Blockchain-supported Blockchains that are not expressly contained in Official Blockchain Materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. Win Nodes agree to indemnify Blockchain and Blockchain’s directors, officers, employees, shareholders, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Blockchain as a result of the Win Node’s unauthorized representations or actions. This provision shall survive the termination of the License Agreement.
4.6.5 - Benefits Claims
When presenting or discussing the Benefits, Win Node must make it clear to Customers and prospects that any Benefits from the WIN Blockchain require Personal Activities with commitment, effort, and marketing skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
❖ It’s a turnkey system;
❖ The system will do the work for you;
❖ Just get in and your Cryptographic Ties or Node will accrue Activations or Benefits;
❖ Just join and I’ll Active or build your Activations for you;
❖ The Blockchain does all the work for you;
❖ You don’t have to do anything; or
❖ All you have to do is pay your Activation fees every month.
The above are merely examples of improper representations about the Benefits of the WIN Blockchain. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as a Win Node without commitment, effort, and skill.
4.6.6 - Income Claims
Because Win Nodes do not have the data necessary to comply with the legal requirements for making income claims, a Win Node, when presenting or discussing Blockchain, its products or services, the Benefits, or any Blockchain-supported Blockchain to a prospective Win Node, may not make income projections, income claims, or disclose any Benefits, rewards, or bonuses or commissions (including, but not limited to, the showing of checks, copies of checks, bank statements, ledgers, or tax records).
4.7 - Repackaging and Re-labeling Prohibited
Win Nodes may not repackage, re-label, or alter the labels on Blockchain products. Tampering with labels/packaging could be a violation of federal and state laws, and may result in civil or criminal liability. Win Nodes may affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing existing labels or covering any text, graphics, or other material on the product label.
4.8 - Commercial Outlets
Win Nodes may not sell Blockchain products from a commercial outlet, nor may Win Nodes display or sell Blockchain products or literature in any retail or service establishment. Online auction and/or sales facilitation websites, including but not limited to eBay and Craig’s List constitute Commercial Outlets, and may not be used to sell Blockchain products.
4.9 - Military Installations
The offer, promotion, or sale of the goods and services on a military installation is not a right – it is a privilege. Even if an Win Node lives on a military installation, he or she does not have the right to offer any products or services to anyone on that installation without the permission of the installation Commander. For the purposes of the U.S. Navy personnel and Navy Regulations, the definition of an “installation” also includes U.S. Navy vessels.
Any Win Node who wants to offer, promote, or sell Blockchain products or services (these activities will be collectively referred to as “commercial solicitation activities”) on a military installation must make an inquiry to the office of the installation Commander to determine whether the Commander has granted permission for Blockchain Win Nodes to engage in such activities on the installation. If the Commander has not done so, the Win Node must contact Blockchain’s offices to ask the Blockchain to obtain the Commander’s permission. Win Nodes are prohibited from seeking such permission from any installation Commander. If obtained, the permission to engage in commercial solicitation activities on a military installation is granted only for one particular installation.
Any Win Node who intends to engage in commercial solicitation activities on a military installation must be aware of and become completely familiar with the applicable military Regulation or Instruction. There are many activities that are permissible in a civilian environment that are not permissible on a military installation. Some of these activities include, but are not limited to:
❖ Solicitation during enlistment or induction processing or during basic combat training, and within the first half of the one station unit training cycle.
❖ Solicitation of “mass,” “group,” or “captive” audiences.
❖ Making appointments with or soliciting military personnel during their normally-scheduled duty hours.
❖ Soliciting without an appointment in areas used for housing or processing transient personnel, or soliciting in barracks areas used as quarters.
❖ Use of official military identification cards or vehicle decals by active duty, retired, or reserve members of the military services to gain access to Army installations for the purpose of soliciting. (When entering the installation for the purpose of solicitation, Win Nodes with military identification cards and/or installation vehicle decals must present documentation issued by the installation authorizing solicitations.)
❖ Offering rebates to promote transaction or to eliminate competition.
❖ Any oral or written representations which suggest or appear that the military branch sponsors or endorses the Blockchain or its Affiliates, or the goods, services, and commodities offered for sale.
❖ The designation of any agent or the use by any agent of titles (for example, “Battalion Insurance Counselor,” “Unit Insurance Advisor,” “Servicemen’s Group Life Insurance Conversion Consultant”) that in any manner states or implies any type of endorsement from the U.S. Government, the Armed Forces, or any State or Federal agency or Government entity.
❖ Entry into any unauthorized or restricted area.
❖ Distribution of literature other than to the person being interviewed.
❖ Contacting military personnel by calling a Government telephone, faxing to a Government fax machine, or sending e-mail to a Government computer, unless a pre-existing relation (that is, the military member is a current client or requested to be contacted) exists between the parties and the military member has not asked for the contact to be terminated.
❖ Soliciting door to door or without an appointment.
The foregoing items are not an all-inclusive list. There are many more prohibited activities that are addressed in the applicable military Regulation or Instruction. The violation of military Regulations or Instructions by one Win Node could jeopardize the ability of all Win Nodes to engage in commercial solicitation activities on a particular military installation or even the entire branch of the military involved (e.g., Army, Air Force, Navy, Marines, or Coast Guard).
4.10 - Trade Shows, Expositions and Other Sales Forums
Win Nodes may display and/or assist with the Activation of Blockchain products or services at trade shows and professional expositions. Before submitting a deposit to the event promoter, Win Nodes must contact Blockchain in writing for approval. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to Blockchain. The Blockchain further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products, services, or any Blockchain-supported Blockchains. Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image Blockchain wishes to portray.
4.11 - Conflicts of Interest
4.11.1 Crossline Recruiting
Win Nodes are prohibited from crossline recruiting. The use of a spouse or relative’s name, trade names, DBAs, assumed names, entities, federal identification numbers, or fictitious identification numbers, or any other device or contrivance to circumvent this policy is prohibited. A Win Node shall not demean, discredit, or defame other Blockchain Win Nodes in an attempt to entice another customer, Win Node or prospective Win Node to become part of his or her organization.
For the purposes of this section, the term “crossline recruiting” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way, either directly, indirectly, or through a third party, another Blockchain Win Node or Customer to enroll, join, or otherwise participate in another Blockchain marketing organization, downline, or line of sponsorship other than the one in which he, she, or it originally enrolled.
4.11.4 - Nonsolicitation
Win Nodes are free to participate in direct selling, multilevel marketing, or network marketing entities, businesses, organizations, opportunities, or ventures (collectively referred to as a “network marketing business”). However, during the term of this Agreement, any renewal or extension hereof, and for a period of one year following the termination of an Win Node’s License Agreement with Blockchain, a Win Node (or former Win Node) may not recruit any Active Customer or Win Node for another network marketing business. Win Nodes and the Blockchain recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Win Nodes and Blockchain agree that this non-solicitation provision shall apply nationwide throughout the United States and to all international markets in which Win Nodes are located. This provision shall survive the termination or expiration of the License Agreement.
For the purposes of this section, the term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way (either directly, indirectly, or through a third party) any Active Customer or Win Node to: (1) enroll, join, or otherwise participate in another network marketing business; or (2) terminate or alter his or her relationship with Blockchain. The term “recruit” also includes the above activities in the event that the Win Node’s actions are in response to an inquiry made by another Win Node or Customer.
4.11.5 - Participation in Other Network Marketing Programs
If an Win Node is engaged in other non-Blockchain network marketing business, it is the responsibility of the Win Node to ensure that its Personal Activities for Blockchain are conducted entirely separate and apart from any other network marketing business. To this end, the following must be adhered to:
❖ Win Nodes must not sell, or attempt to sell, any competing non-Blockchain programs, products or services to Blockchain Customers or Win Nodes. Any program, product or services in the same generic categories as Blockchain products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors. This provision does not apply where professional services are the primary source of revenues and the product sales are secondary to the provision of such services (e.g., physician’s offices, health clinics, health clubs, gyms, spas or beauty salons).
❖ Win Nodes shall not display Blockchain promotional material, sales aids, products or services with or in the same location as, any non-Blockchain promotional material or sales aids, products or services.
❖ Win Nodes shall not offer Blockchain products or services to prospective or existing Customers or Win Nodes in conjunction with any non-Blockchain program, opportunity, product or service.
❖ Win Nodes may not offer any non-Blockchain opportunity, products, services or opportunity at any Blockchain-related meeting, seminar, convention, webinar, teleconference, or other function.
4.11.6 - Confidential Information
“Confidential Information” includes, but is not limited to, Cryptographic Ties, the identities of Customers and Win Nodes, contact information of Customers and Win Nodes, Personal Activities, Win Node Rank and/or Levels, and other financial and business information, including any Benefits or rewards. All Confidential Information (whether oral or in written or electronic form) is proprietary information of Blockchain and constitutes a business trade secret belonging to Blockchain. Confidential Information is, or may be available, to Win Nodes in their respective dashboards. Win Node access to such Confidential Information is password protected, and is confidential and constitutes proprietary information and business trade secrets belonging to Blockchain. Such Confidential Information is provided to Win Nodes in strictest confidence and is made available to Win Nodes for the sole purpose of assisting Win Nodes in their Personal Activities. Win Nodes may not use the reports for any purpose other than for their Personal Activities. Where a Win Node participates in multi-level marketing ventures, he/she is not eligible to have access to Cryptographic Ties or any other similar Confidential Information. Each Win Node and Blockchain agree that, but for this agreement of confidentiality and nondisclosure, Blockchain would not provide Confidential Information to the Win Node.
To protect the Confidential Information, Win Nodes shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity or Affiliated Party:
❖ Directly or indirectly disclose any Confidential Information to any third party;
❖ Directly or indirectly disclose the password or other access code to its dashboard;
❖ Use any Confidential Information to compete with Blockchain or for any improper purpose;
❖ Recruit or solicit any Win Node or Customer on any report or in the Win Node’s dashboard, or in any manner attempt to influence or induce any Win Node or Customer of Blockchain, to alter their business relationship with Blockchain; or
❖ Use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information.
The obligation not to disclose Confidential Information shall survive cancellation or termination of the License Agreement, and shall remain effective and binding irrespective of whether the License Agreement has been terminated, or whether the Win Node is or is not otherwise Active. Upon nonrenewal or termination of the License Agreement, Win Nodes must immediately discontinue all use of the Confidential Information and if requested by the Blockchain promptly return all materials in their possession to the Blockchain within five (5) business days of request at their own expense.
4.12 - Targeting Direct Sellers
Blockchain does not condone Win Nodes specifically or consciously targeting the sales force of any other Blockchain to sell Blockchain products or services or to become a Customer or Win Nodes, nor does Blockchain condone Win Node’s solicitation or enticement of members of the sales force of another Blockchain to violate the terms of their contract with such other Blockchain. Should Win Nodes engage in such activity, they bear the risk of being sued by the other Blockchain. If any lawsuit, arbitration or mediation is brought against an Win Node alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Blockchain will not pay any of the Win Node’s defense costs or legal fees, nor will Blockchain indemnify the Win Node for any judgment, award, or settlement.
4.13 - Errors or Questions
If an Win Node has questions about or believes any errors have been made regarding Benefits, rewards, Cryptographic Ties, chargebacks, prices, or fees, the Win Node must notify Blockchain in writing within 30 days of the date of the purported error or incident in question. Blockchain will not be responsible for any errors, omissions or problems not reported to the Blockchain within 30 days.
4.14 - Governmental Approval or Endorsement
Win Nodes shall not represent or imply that Blockchain or any Benefits, or any product or service, or any Blockchain-supported Blockchains have been "approved," "endorsed" or otherwise sanctioned by any government agency.
4.15 - Holding Applications or Orders
Win Nodes must not manipulate Activations or any products or services or any Customer or Win Node.
4.16 - Income Taxes
Each Win Node is responsible for paying local, state, and federal taxes on any Benefits or rewards received as an Independent Win Node. Unfortunately, Blockchain cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If required, Blockchain will provide any appropriate non-employee compensation form to any Win Node.
4.17 - Independent Contractor Status
4.18 - International Marketing
Win Nodes are authorized to market and Activate products and services and Customers only in the countries in which Blockchain is authorized to conduct business, as announced in Official Blockchain Material. Blockchain products or sales aids may not be shipped into or sold in any foreign country. Win Nodes may Activate, market, and promote Blockchain products or sales aids only in their home country. In addition, no Win Node may, in any unauthorized country: (a) conduct sales, Activation or training meetings; (b) Activate or attempt to Activate potential Customers or Win Nodes; or (c) conduct any other activity for the purpose of Personal Activities related to Blockchain products or services, establishing a marketing organization, or promoting Blockchain.
4.19 - Bonus Buying
Win Nodes must not influence or attempt to influence any other Customer or Win Node to Activate more products or services than they can reasonably use. In addition, bonus buying is strictly prohibited. Bonus buying includes any mechanism or artifice to qualify for Rank, Levels, Benefits, incentives, prizes, commissions or bonuses that is not driven by bona fide product or service purchases by Customers. Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice.
4.20 - Adherence to Laws, Regulations and the Agreement
Win Nodes must comply with all federal, state, and local laws, regulations, ordinances, codes, and the terms of the License Agreement in the conduct of their Personal Activities. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Win Nodes because of the nature of their business. However, Win Nodes must obey those laws that do apply to them. If a city or county official tells a Win Node that an ordinance applies, the Win Node shall be polite and cooperative, and immediately send a copy of the ordinance to Blockchain. In addition, Win Nodes must not recommend, encourage or teach other Win Nodes to violate federal, state, or local laws, regulations, ordinances, codes, or the terms of the License Agreement in the operation of their Personal Activities.
4.21 - One WIN Node Agreement
A Win Node may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one WIN Node License. No individual may have, operate or receive Benefits from more than one WIN Node License. Individuals of the same Household may maintain, own, and operate their own WIN Node License. A “Household” is defined as spouses and dependent adult children living at or doing business at the same address.
4.22 - Actions of Household Members or Affiliated Parties
If any member of a Win Node’s immediate household engages in any activity which, if performed by the Win Node, would violate any provision of the Agreement, such activity will be deemed a violation by the Win Node and Blockchain may take disciplinary action pursuant to the these Policies and Procedures against the Win Node. Similarly, if any individual associated in any way with a corporation, partnership, limited liability Blockchain, trust or other entity (collectively “Business Entity”) violates the License Agreement, such action(s) will be deemed a violation by the Business Entity, and Blockchain may take disciplinary action against the Business Entity. Likewise, if an Win Node Activates as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the License Agreement.
4.23 - Separation
Win Nodes sometimes operate as husband-wife partnerships, regular partnerships, limited liability companies, corporations, trusts, or other Business Entities. At such time as a marriage may end in divorce or a corporation, limited liability Blockchain, partnership, trust or other Business Entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the operations and Cryptographic Ties of the Win Node.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
❖ One of the parties may, with consent of the other(s), operate the WIN Node pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize Blockchain to deal directly and solely with the other spouse or non-relinquishing shareholder, member, partner, or trustee.
❖ The parties may continue to operate the WIN node jointly, whereupon all Benefits of the Win Node will be awarded according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.
Under no circumstances will the Cryptographic Ties of the Win Node be divided. Similarly, under no circumstances will there by any split commission and bonus checks between divorcing spouses or members of dissolving entities. Blockchain will recognize only one Win Node.
If a former spouse has completely relinquished all rights in the WIN Node pursuant to a divorce, he or she is thereafter free to Activate a separate Win Node without waiting six calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the WIN Node must wait six calendar months from the date of the final dissolution before a new Activation as a Win Node. In either case, the former spouse or business affiliate shall have no rights to any Cryptographic Ties to any Customer or Win Nodes in their former WIN Node, and they must Activate new Cryptographic Ties in the same manner as would any other new Win Node.
4.24 - Assisting Activation
When assisting with the Activation of a new Win Node through the online Activation process, a Win Node may assist the new applicant in filling out the Activation materials. However, the applicant must personally review and agree to the online application and agreement, Blockchain’s Policies and Procedures, Code of Conduct, the WIN Blockchain, and any other Terms & Conditions.
4.25 - Succession
Upon the death or incapacitation of an Win Node, the License Agreement may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Blockchain to ensure the transfer is proper. Accordingly, a Win Node should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a WIN Node License Agreement is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all Benefits of the deceased Win Node provided the following qualifications are met. The successor(s) must:
❖ Execute a License Agreement;
❖ Comply with terms and provisions of the License Agreement;
❖ Meet all of the qualifications for the deceased Win Node’s Rank;
❖ The devisee must provide Blockchain with an “address of record”;
❖ If the business is bequeathed to joint devisees, they must form a business entity and acquire a Federal Taxpayer Identification Number. Blockchain will issue all Benefits to the business entity.
4.25.4 - Transfer Upon Death of an Win Node
To effect a testamentary transfer of a WIN Node License, the executor of the estate must provide the following to Blockchain: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to Blockchain specifying to whom the WIN Node and Benefits should be transferred.
4.25.5 - Transfer Upon Incapacitation of an Win Node
To effectuate a transfer of a WIN Node License because of incapacity, the successor must provide the following to Blockchain: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the WIN Node License; and (3) a completed License Agreement executed by the trustee.
4.26 - Telemarketing Techniques
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although Blockchain does not consider Win Nodes to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, Win Nodes must not engage in telemarketing in their Personal Activities. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Blockchain product or service, or to recruit them to become a Customer or Win Node. “Cold calls" made to prospective customers or Win Nodes that promote either Blockchain’s products or services constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Win Node (a "prospect") is permissible under the following situations:
❖ If the Win Node has an established business relationship with the prospect. An “established business relationship” is a relationship between an Win Node and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the Win Node, or a financial transaction between the prospect and the Win Node, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
❖ The prospect’s personal inquiry or application regarding a product or service offered by the Win Node, within the three (3) months immediately preceding the date of such a call.
❖ If the Win Node receives written and signed permission from the prospect authorizing the Win Node to call. The authorization must specify the telephone number(s) which the Win Node is authorized to call.
❖ You may call family members, personal friends, and acquaintances. An “acquaintance” is someone with whom you have at least a recent first-hand relationship within the preceding three months. Bear in mind, however, that if you engage in “card collecting” with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice.
❖ Win Nodes shall not use automatic telephone dialing systems or software.
❖ Win Nodes shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a "robocall") regarding or relating to the Blockchain products or services.
4.27 - Dashboard Access
Blockchain makes online dashboards available for Win Nodes. Dashboards provide Win Node access to confidential and proprietary information that may be used solely and exclusively for the Personal Activities of each Win Node and to increase Activations of Blockchain products and services. However, access to a dashboard is a privilege, and not a right. Blockchain reserves the right to deny Win Nodes’ access to the dashboard at its sole discretion.
4.28 - Unauthorized Communication
In the excitement and enthusiasm of Blockchain, a Win Node may attempt to contact the Blockchain’s vendors, suppliers, or advisors with questions or ideas. Any such communication without the Blockchain’s prior written consent is strictly prohibited. Vendors, suppliers, and advisors are often not set up to handle a large volume of contacts. Equally important, we must respect their rights to privacy. Questions regarding any of these Entities may be directed to Blockchain Customer Support.
SECTION 5 - RESPONSIBILITIES OF WIN NODES
5.2 - Change of Address, Telephone, and E-Mail Addresses
To ensure timely delivery of products, support materials, Benefits, and tax documents, it is important that the Blockchain’s files are current. Street addresses are required for shipping since UPS and FedEx cannot deliver to a post office box. Win Nodes planning to change their e-mail address or move must send their new address and telephone numbers to Blockchain’s Corporate Offices to the attention of the Customer Support Department. To guarantee proper delivery, two weeks advance notice must be provided to Blockchain on all changes. In the alternative, an Win Node’s whose contact information changes may amend their contact information through their dashboard.
5.3 - Continuing Development Obligations
5.3.4 - Ongoing Training
Any Win Node with Cryptographic Ties to another Win Node in a subsequent Block must perform a bona fide assistance and training function to ensure that any Cryptographic Ties are properly trained and conducting Personal Activities. Win Nodes must have ongoing contact and communication with the Win Nodes with Cryptographic Ties in any subsequent Block. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment to Blockchain meetings, training sessions, and other functions. Win Nodes are also responsible to motivate and train new Win Nodes in Blockchain product knowledge, effective Activation techniques, the WIN Blockchain, and compliance with Blockchain Policies and Procedures and applicable laws. Communication with and the training of new Win Nodes must not, however, violate any other section herein.
Win Nodes should monitor new Win Nodes with Cryptographic Ties in any subsequent Block to guard against new Win Nodes making improper product or business claims, violation of the Policies and Procedures, or engaging in any illegal or inappropriate conduct.
5.3.5 - Increased Training Responsibilities
As Win Nodes progress through the various Levels of leadership, they will become more experienced in Activation techniques, product knowledge, and understanding of the WIN Blockchain. They will be called upon to share this knowledge with lesser experienced Win Nodes.
5.3.6 - Ongoing Personal Activities
Regardless of their Rank, Win Nodes have an ongoing obligation to continue their Personal Activities through the generation of new Customers and through servicing their existing Customers.
5.4 - Nondisparagement
Blockchain wants to provide each Win Nodes with the best products, Benefits, and service in the industry. Accordingly, Blockchain values constructive criticisms and comments. All such comments should be submitted in writing to the Customer Service Department. Remember, to best serve you, we must hear from you! While Blockchain welcomes constructive input, negative comments and remarks made by Win Nodes about the Blockchain, its products, or Benefits serve no purpose other than to sour the enthusiasm of other Win Nodes. For this reason, and to set the proper example, Win Nodes must not disparage, demean, or make negative remarks about Blockchain, Customers or any Win Nodes, Blockchain’s products, the Benefits, or Blockchain’s directors, officers, agents or employees.
5.5 - Providing Documentation to Applicants
Win Nodes must provide the most current version of the Policies and Procedures to individuals whom they are Blockchaining with through Personal Activities to Activate as a Win Node before the applicant signs a License Agreement, or ensure that they have online access to these materials.
SECTION 6 - ACTIVATION REQUIREMENTS
6.2 - Activations
The Benefits and any earned Points and resulting Rewards are based on the Personal Activities and resulting Activations of Blockchain products and services to Customers. Win Nodes must satisfy Activation requirements (as well as meet other responsibilities set forth in the License Agreement) to be eligible for the Benefits for each Level within the WIN Blockchain. The following Activiation requirements must be satisfied for Win Nodes to be eligible for Benefits:
❖ Insert Activation requirements.
❖ At least 70% of a Win Node’s total monthly Activations resulting from Personal Activities must be to direct Customers.
❖ Win Nodes must maintain at least five Active Customers.
6.3 - No Territory Restrictions
There are no exclusive territories granted to anyone.
SECTION 7 - BENEFITS
7.2 - Qualifications
A Win Node must be Active and in compliance with the Agreement (and other documents signed) to qualify for any Benefits or Rewards. So long as an Win Node complies with the terms of the License Agreement, a Win Node shall receive the Benefits set forth by Blockchain and the WIN Blockchain.
7.3 - Adjustment to Bonuses and Commissions
7.3.4 - Adjustments for Returned Products and Cancelled Services
Win Nodes receive Benefits and Rewards based on the actual Activations of products and services to Customers. When a service is cancelled or a product is returned to Blockchain for a refund or is repurchased by the Blockchain, any of the following may occur at the Blockchain’s discretion: (1) the Benefits or Rewards attributable to the returned or repurchased product(s) or cancelled service will be deducted from any future Benefits or Rewards to the Win Node in the month in which the refund is given, and continuing every pay period thereafter until the refund amount is recovered; (2) the Win Node who earned Benefits or Rewards based on the Activation of the returned product(s) or cancelled service will have the corresponding Points deducted from their Rank in the next calculation and all subsequent calculations until the refund amount is completely recovered; or (3) the Benefits or Rewards attributable to the returned or repurchased product(s) or cancelled service may be deducted from any refunds or credits to the Win Node who received the Benefits or Rewards on the Activation of the refunded product(s) or cancelled service.
7.3.5 - Tax Withholdings
Win Node is solely responsible for all tax consequences. Win Node is solely responsible for the payment of all its taxes, including federal, state, local, and any other applicable taxes arising out of the operation of the Win Node’s business. As such, the Blockchain is not obligated to and will not withhold federal income or social security, or any other tax from payments owed to Win Node, nor will it pay such taxes on behalf of the Win Node.
7.4 - Reports
All information provided in any activity reports, including but not limited to Personal Activities and Cryptographic Ties is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human, digital, and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by Blockchain or any persons or Nodes creating or transmitting the information.
ALL PERSONAL ACTIVITIES 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, BLOCKCHAIN AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY WIN NODE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO SUCH INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF BLOCKCHAIN 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, BLOCKCHAIN OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of Blockchain’s online and telephone reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to Blockchain’s online and telephone reporting services and your reliance upon the information.
SECTION 8 - RETURNS AND INVENTORY REPURCHASE
8.2 - Rescission
8.2.4 - Customers
Federal and state law requires that a Customer who makes a purchase of $25.00 or more has three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) after the Activation or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or receipt. When an Win Node enables the Activation or assists with the order from a Customer who cancels or requests a refund within the three business day period, the Win Node must promptly refund the Customer money as long as the products and licenses are returned to the Win Node in substantially as good condition as when received (five business days for Alaska residents).
8.2.5 - Informing Customers
Win Nodes MUST verbally inform their Customers of this right of rescission. If a Customer places an order online, the Blockchain will provide the Customer with the receipt.
8.3 - Return of Inventory and Sales Aids by Win Nodes Upon Termination
Upon termination of the Agreement, the Win Node may return products and sales aids personally purchased from Blockchain (purchases from other Win Nodes or third parties are not subject to refund) that are in Resalable (see Definition of “Resalable” below) condition and which have been purchased within one year prior to the date of termination. Upon receipt of a Resalable Starter Kit and/or Resalable products and sales aids, the Affiliate will be reimbursed 90% of the net cost of the original purchase price(s). Neither shipping and handling charges incurred by an Affiliate when the Starter Kit, products or sales aids were purchased, nor return shipping fees, will be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If an Affiliate was paid a commission, rebate, or any other form of compensation based on a product(s) that he or she purchased, and such product(s) is/are subsequently returned for a refund, the commission, rebate, or any other form of compensation that was paid based on that product purchase will be deducted from the amount of the refund.
Products and Sales aids shall be deemed "resalable" if each of the following elements is satisfied: (1) they are unopened and unused; (2) packaging and labeling has not been altered or damaged; (3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; (4) they are still in Blockchain’s current inventory; (5) the expiration date(s) for any returned products has not passed; and (6) they are returned to Blockchain within one year from the date of purchase. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable. Replicated Website fees are not refundable except as required by applicable state law.
8.4 - Procedures for All Returns
The following procedures apply to all returns for refund, repurchase, or exchange:
❖ All items must be returned by the Affiliate or customer who purchased it directly from Blockchain.
❖ All items to be returned must have a Return Authorization Number which is obtained by calling the Affiliate Services Department. This Return Authorization Number must be written on each carton returned.
❖ The return is accompanied by:
o The original packing slip with the completed (and signed Consumer Return information, if applicable);
o The unused portion of the item(s) in its/their original container.
❖ Proper shipping carton(s) and packing materials are to be used in packaging the items(s) being returned, and the best and most economical means of shipping is suggested. All returns must be shipped to Blockchain shipping pre-paid. Blockchain does not accept shipping-collect packages. The risk of loss in shipping for returned items shall be on the Affiliate. If the returned items are not received by the Blockchain’s Distribution Center, it is the responsibility of the Affiliate to trace the shipment.
❖ If an Affiliate is returning merchandise to Blockchain that was returned to him or her by a personal retail customer, the product must be received by Blockchain within ten (10) days from the date on which the retail customer returned the merchandise to the Affiliate, and must be accompanied by the sales receipt the Affiliate gave to the customer at the time of the sale.
No refund or replacement of any items will be made if the conditions of these rules are not met, except as governed by applicable law.
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.2 - Disciplinary Sanctions
Violation of the License Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Win Node that, in the sole discretion of the Blockchain may damage the reputation or goodwill of Blockchain, its products or services, or any Blockchain-supported Blockchain (such damaging act or omission need not be related to the Win Node’s Personal Activities), may result, at Blockchain's discretion, in one or more of the following corrective measures:
❖ Issuance of a written warning or admonition;
❖ Requiring the Win Node to take immediate corrective measures;
❖ Imposition of a fine, which may be withheld from Benefits and/or Rewards;
❖ Loss of rights to one or more Benefits and/or Rewards;
❖ Blockchain may withhold from an Win Node all or part of any Benefit or Reward during the period that Blockchain is investigating any conduct allegedly violative of the License Agreement. If a Win Node is is canceled for disciplinary reasons, the Win Node will not be entitled to recover any Benefits withheld during the investigation period;
❖ Suspension of the License Agreement for one or more Reward periods;
❖ Permanent or temporary loss of, or reduction in, the current and/or lifetime Rank of a Win Node (which may subsequently be re-earned by the Win Node);
❖ Transfer or removal of some or all of an Win Node’s Customers or Win Nodes that are Cryptographically Tied in any subsequent Block of the offending Win Node.
❖ Involuntary termination of the offender’s License Agreement;
❖ Suspension and/or termination of the offending Win Node’s website or dashboard access;
❖ Any other measure expressly allowed within any provision of the License Agreement or which Blockchain deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Win Node’s policy violation or contractual breach;
❖ In situations deemed appropriate by Blockchain, the Blockchain may institute legal proceedings for monetary and/or equitable relief.
9.3 - Grievances and Complaints
When a Win Node has a grievance or complaint with another Win Node regarding any practice or conduct in relationship to their respective Personal Activities, the complaining Win Node should first report the problem to his or her Win Node that is Cryptographically Tied in the previous Block who should review the matter and try to resolve it with the parties. If the matter involves interpretation or violation of Blockchain policy, it must be reported in writing to the Customer Services Department at the Blockchain. The Customer Services Department will review the facts and attempt to resolve it.
SECTION 10 - PAYMENTS
10.2 - Restrictions on Third Party Use of Credit Cards
An Win Node shall not permit other Win Nodes or Customers to use his or her credit card, or permit debits to his or her checking or savings account, to Activate any product or service from the Blockchain. An Win Node shall not use the credit card or debit card of a third party, or make debits to the checking or savings account of a third party, to Activate any product or service from the Blockchain.
SECTION 11 - INACTIVITY AND TERMINATION
11.2 - Effect of Termination
So long as an Win Node remains Active and complies with the terms of the License Agreement and these Policies and Procedures, the Win Node shall receive Benefits and Rewards in accordance with this License Agreement and the WIN Blockchain. A Win Node’s Benefits and Rewards constitute the entire consideration for the Win Node's Personal Activities related to Activations on the WIN Blockchain. Following an Win Node’s non-renewal of the License Agreement, termination for inactivity, or voluntary or involuntary termination of the License Agreement (all of these methods are collectively referred to as “termination”), the former Win Node shall have no right, title, claim or interest to the Benefits or Rewards from the WIN Blockchain. A Win Node who terminates will lose all rights as a Win Node, which includes the right to market and Activate any Blockchain products and services and the right to receive future Benefits or Rewards from any Personal Activities of any Customer or other Win Node that was Cryptographically Tied to the terminated former Win Node.
Following termination, the former Win Node shall not hold himself or herself out as a Win Node and shall not have the right to market or Activate Blockchain products or services. A Win Node who terminates shall receive Benefits and Rewards from Personal Activities only for the last full period the Win Node was Active prior to termination (less any Benefits or Rewards withheld during an investigation preceding an involuntary termination).
11.3 - Termination Due to Inactivity
11.3.4 - Failure to Meet Activation Requirements
If a Win Node fails to personally Activate at least ______ for 12 consecutive months, the License Agreement shall be canceled for inactivity.
11.3.5 - Failure to Earn Benefits or Rewards
If an Win Node has not earned any Benefits or Rewards for six consecutive months (and thus become “inactive”), the License Agreement shall be canceled for inactivity.
11.3.6 - Failure to Pay Fees
If an Win Node fails to pay its annual or monthly fees or maintain the minimum required Rewards balance in the Blockchain App, Win Node will be inactive and ineligible to earn Benefits or Rewards that month. If annual or monthly fees are not paid for two consecutive months, the License Agreement will be cancelled for inactivity.
11.4 - Involuntary Termination
An Win Node’s violation of any of the terms of the License Agreement, including any amendments that may be made by Blockchain in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary termination of the License Agreement. Termination shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the last known address, email address, or fax number, or to the attorney, or upon receipt of actual notice of termination, whichever occurs first.
Blockchain reserves the right to terminate all License Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products or licensing of any software or services.
11.5 - Voluntary Termination
Any participant in this License Agreement has a right to cancel at any time regardless of reason. Termination must be submitted in writing to the Blockchain at its principal business address. The written notice must include the Win Node’s signature, printed name, address, and I.D. Number. In addition to written termination, Win Nodes who have consented to Electronic Contracting will cancel their License Agreement should they withdraw their consent to contract electronically.
11.6 - Exceptions to Activity Requirements
11.6.4 - Maternity
A pregnant Win Node shall be exempt from meeting the Personal Activities requirements for a period of three months prior to and four (4) months following the birth of a child. The Win Node should notify the Customer Services Department to request a Maternity Waiver Form.
11.6.5 - Military Deployment
Military personnel shall be exempt from meeting their Personal Activities requirements for the duration of the deployment and three (3) full calendar months thereafter while deployed into a foreign country. The Win Node should notify the Customer Services Department to request a Deployment Waiver Form.
SECTION 12 - DEFINITIONS
Active - The term “Active” refers to any Customer or Win Node who has paid for a Blockchain product or service and the required annual/monthly fees for such product or service. The term “Active” also refers to a Win Node that has earned at least 1 Point within the last thirty (30) days from its Personal Activities.
Activation — The term “Activation” refers to the connection of an App or Node to a Blockchain-supported blockchain through the WIN Blockchain.
Advertising Reward - A bonus or commission paid to Active Customers and Active Win Nodes for their Personal Activities that result in an Activation of an App.
App - Software program that Blockchains a Customer to the respective supported blockchain. Blockchain provides marketing support for the following Apps - Blockchain App, Green App, Arcade App, Codex App, and any other future App authorized to be marketed by Blockchain.
Affiliated Party - A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Win Node.
Benefits - event tickets, prizes, training, Direct Reward, Direct Share Reward, Node Support Reward, Block Reward, WINx, or any other bonus or commission to a Win Node within each Level.
Block - A permanent store of record for each Activation, Point, Customer, Win Node, and products and services for the Proof of Action Protocol of the WIN Blockchain.
Blockchain or WB– A reference to Blockchain or WB means the Win Blockchain. As appropriate, it also includes a reference to the decentralized board, decentralized compliance, and the decentralized community. It also, as appropriate, includes a reference to the Blockchain’s affiliated entities and other affiliated blockchain projects.
Block Reward - One-time bonus payment from the WIN Blockchain for the Activation of a WIN Node License Agreement, which is paid 50% to the Win Node that Activated its WIN Node License Agreement and 50% to the Active Win Node that is Cryptographically Tied on the previous Block on the WIN Blockchain.
Cancel — The termination of a License Agreement for a Win Node or the termination of any Active status for any product or service of any Customer. Termination may be either voluntary, involuntary, through non-renewal or inactivity.
Blockchain App - A software program that provides a secure and encrypted Blockchainion to a Blockchain-supported blockchain for Customers and Win Nodes.
Cryptographically Tied — The direct relationship between any Active Customer or Active Win Node on each Block on the WIN Blockchain.
Customer — Any person or entity that purchases or uses Blockchain products or services.
Direct Reward - A bonus or commission paid from the WIN Blockchain to an Active Win Node for its Personal Activities that result in an Activation of a Blockchain product or service.
Direct Share Reward - A bonus or commission paid from the WIN Blockchain to an Active Win Node for any activation of a Blockchain product or service of a Customer in any subsequent Block that is cryptographically tied to such Active Win Node and there is no other Active Win Node cryptographically tied to such Activation.
Immediate Household — Spouses, heads-of-household, and dependent family members residing in the same residence.
Level — The term “Level” refers to each level of Node Support Rewards that are distributed to Active Win Nodes within each Level (JetPack, LaunchPad, Rocket, StarFighter, BlockchainJedi).
License Agreement - The contract between the Blockchain and each Win Node, which includes any application, Terms and Conditions, the Blockchain Policies and Procedures, the Blockchain Compensation Plan, and any other policies or regulations, all in their current form and as amended by Blockchain in its sole discretion. These documents are collectively referred to as the “License Agreement.”
Node - A software communication point on a decentralized peer-to-peer network that provides security, support, verification of transactions, and distribution of digital rewards on the respective network (GREEN on green Blockchain, WinX on WIN Blockchain, BTC on Bitcoin Blockchain, etc.). Blockchain provides marketing support for the following Nodes - Blockbot Start, Blockbot Pro Node, Smart Node, Green Node, Codex Node, Arcade Node, Blue Node, and any other future Nodes authorized to be marketing by Blockchain.
Node Support Reward - The bonus or commission paid from the WIN Blockchain to Active Win Nodes based on their Reward Rank within each Level.
Official Blockchain Material — Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by Blockchain to any Customer or Win Node.
Personal Activities — A Customer’s or Win Node’s personal and direct activities that result in the Activation of a Blockchain product or service for another Customer or Win Node, or that result in a Point within the WIN Blockchain (assist with an Activation, Save, Donation, etc.)
Point — The value attributed to the Personal Activities of a Win Node.
Proof of Action Protocol - The consensus protocol for the WIN Blockchain that is based on Personal Activities of a Customer and Win Node resulting in the creating and distribution of WinX digital rewards to Customers and Win Nodes.
Rank — The term “Rank” refers to the number of Points a Win Node has earned within each Level as determined by the WIN Blockchain for the particular Node Support Rewards for each Level. To qualify for any Rank within the WIN Blockchain, a Win Node must meet the Certification criteria for the respective Level.
Recurring Direct Reward - A bonus or commission paid from the annual/monthly fees from the WIN Blockchain to an Active Win Node for its Personal Activities that result in an Activation of a Blockchain product or service.
Replicated Website – A website provided by Blockchain to any Customer (including Win Nodes) that utilizes website templates developed by Blockchain.
Reward Rank - The term “Reward Rank” refers to the Rank at which a Win Node receives the distributed rewards within each Level from the WIN Blockchain based on daily Personal Activities and the earned Points during the distribution period.
Social Media - Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, Twitter, LinkedIn, YouTube, etc.
Title Rank - The term “Title Rank” refers to the highest Level a Win Node has achieved - JetPack, StarFighter, etc.
WIN Blockchain - A decentralized peer-to-peer network that utilizes the Proof of Action Protocol that provides the WinX digital reward for each WIN Node Licencee’s Personal Activities resulting in Activations of Blockchain products and services that are validated through Nodes on the WIN Blockchain.
Win Node — Any Active Customer with Personal Activations of five (5) Nodes for any direct referral.
WinX - The digital reward issued directly from the WIN Blockchain to any Active Win Node according to the Proof of Action Protocol.
BLOCKCHAIN WIN NODE AGREEMENT
Please read this Agreement carefully as it contains important information regarding your legal rights and remedies.
This Win Node Agreement (“Agreement”) is entered into by and between the individual or entity (“You”, “Your” or “Win Node”) and the Win Blockchain (“Blockchain” or “WB”), which is effective upon your electronic signature and acceptance of this Agreement.
1. You understand that the Agreement may be modified or amended at the sole and absolute discretion of the Blockchain through its decentralized board and decentralized compliance, and You agree to abide by all such changes. A reference to Blockchain herein also includes, as appropriate, a reference to the decentralized board, decentralized compliance, and decentralized community. Notification of changes shall be posted on the Blockchain’s (or its licensee’s) website or in Your back office. Changes shall become effective immediately, but any changes shall not apply retroactively to conduct that occurred prior to the effective date of the change. Your continuance of business or acceptance of any digital rewards or commissions after the effective date of any changes shall constitute your acceptance of any and all amendments. If you do not agree to be bound by this Agreement, do not use (or continue to use) the Blockchain’s Site (websites and apps) or Services (Blockchain’s brands, software, products, features, and services including those of third-parties for which you have access to under this agreement). It is therefore very important that you keep current your account information ("Account"), including your email address. The Blockchain or its decentralized community assumes no liability or responsibility for your failure to receive notification if such failure results from inaccurate or out-of-date Account or contact information.
3. The term of this Agreement is one year, which may be automatically renewed annually unless terminated pursuant to this Agreement or the Blockchain’s policies and procedures. The Blockchain or Win Node may terminate this Agreement for any reason, and the Blockchain may terminate this Agreement and your Account if it determines the Win Node has breached any term of this Agreement or any of the Blockchain’s terms or policies. Upon termination of this Agreement, you shall remove all marketing materials of the Services, Site, and WB, and you shall have no further right to use or market the Blockchain and its Services, Site or WB. In the event of cancellation or termination of this Agreement, you waive all rights to any rewards, bonuses, commissions, or other remuneration of any kind derived through sales or other activities set forth in the WB.
4. You shall be an independent contractor, and not an employee, representative, officer, director or agent of the Blockchain. Nothing contained in this Agreement shall be construed or applied to create a partnership, joint venture, legal representative, or franchise between the Blockchain and you or authorize Win Node to represent or bind the Blockchain under any terms, agreements or liabilities. Neither party shall be the legal representative or agent of the other party, and neither party may create or assume any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other party for any purpose whatsoever. You understand that you shall not be treated as an employee of the Blockchain for federal or state tax purposes.
5. The Blockchain grants you a non-exclusive, non-transferable, non-sublicensable right to the Blockchain’s trademarks and other licensed third-party intellectual property (“Intellectual Property”) to market, promote and advertise the Site and to refer users to the Services at the costs set forth on the Blockchain’s site, which license shall immediately expire without additional notice upon either party’s termination of this Agreement. You shall not acquire any right, title or interest in the Intellectual Property. You shall not take any action that may adversely affect or impair the Blockchain’s ownership or rights to such Intellectual Property. You acknowledge and agree that the Blockchain shall own all suggestions, ideas, enhancements, feedbacks, recommendations, know-how or other information provided by you, any Win Node customer or any third party relating to the Intellectual Property, and you hereby assign, without further consideration, and shall cause any such third party to assign, all rights therein to the Blockchain. You shall fully cooperate with the Blockchain to protect the Intellectual Property. You shall, at the request of the Blockchain and without further consideration, execute and deliver such other documents and take such other actions as the Blockchain may request to effectuate the transactions contemplated by this Agreement. You may not create your own logos and intellectual property in and around the Blockchain’s trademarks or other intellectual property.
6. It may become necessary for You to use, review, and handle Confidential Information of the Blockchain or other third parties. “Confidential Information” means any information, in any form or medium, whether marked confidential or not, disclosed by the Blockchain to You, including, but not limited to, the terms of this Agreement, proprietary information, development tools, products, protocols, standards, manuals, services, business plans, customer lists, know-how, trade secrets, intellectual property rights, technical specifications, source code, object code, screen displays, designs, flowcharts, draWings, processes, algorithms, software WBs, databases, marketing plans, articles, strategic direction, price lists, financial information or projections, notes, memoranda, extracts, summaries, reports, and/or analysis, including any and all derivative works of the aforementioned. Confidential Information shall not include information that is: publicly known, or subsequently becomes publicly known, other than by breach of this or another agreement or lawfully disclosed by a third party on a non-confidential basis to You, provided that the third party did not directly or indirectly receive the item from the Blockchain. You acknowledge that all Confidential Information is and shall continue to be the exclusive property of the Blockchain. You agree to hold all Confidential Information received from Blockchain in trust and confidence and agree that such information shall be used only for the purposes of this Agreement. You shall not disclose, directly or indirectly, the Confidential Information to any third parties, or otherwise use the Confidential Information in a manner detrimental to the Blockchain. You shall not make copies of any documents containing Confidential Information or disassemble, decompile, distribute, create derivatives, or reverse engineer any materials, items, or products provided by the Blockchain. You understand that all Confidential Information is important, unique, and materially affects the Blockchain’s goodwill and success in conducting its business activities, and hereby agrees to indemnify and save harmless the Blockchain for damages that may arise from the unauthorized disclosure of Confidential Information by You. This extends to Confidential Information that may have been previously disclosed to You prior to the execution of this Agreement. You acknowledge that You may be exposed to other third parties confidential or proprietary information. You will safeguard and keep confidential the confidential or proprietary information of customers, other companies, vendors, consultants, and other parties with which the Blockchain does business to the same extent as if it were Blockchain Confidential Information.
8. The Blockchain shall provide you with a unique referral URL, code or cookie (“Referral Code”) that when used by a referred user to access the Site or Services, it will tag any resulting purchases of Services by the referred person, which will entitle Win Node to a digital reward (BTC, GREEN, WIN, etc.) from the supported blockchain (Bitcoin Blockchain, green Blockchain, Win Blockchain, etc.) pursuant to the respective blockchain protocol and the Win Node qualifications and calculations (BlockchainJedi Block, StarFighter Block, Rocket Block, JetPack Block, LaunchPad Block) set forth in the WB. You acknowledge and agree that the WB may be amended or modified at any time by the Blockchain, which shall be effective and binding on your upon Blockchain’s electronic notification to Win Node. If a user is already associated with a unique Referral Code or an existing customer of the Blockchain, the Win Node will not earn any digital reward through the WB for such user. Blockchain’s business model operates on the principle that 100% of sales/referrals are made to end customers, and any activity or scheme by a Win Node or user to purchase the Blockchain’s Services solely for purposes of qualifying the Win Node for any digital rewards, commissions, or bonuses of the WB does not allow any Win Node to change the prices of any of the Services or to resell, bundle, inventory, or to advertise or markup any of the costs of the Services without the express written consent of the Blockchain. Any earnings or value derived from the WB and the Win Node’s qualification within each level of the WB are based solely upon the Win Node’s efforts and abilities and are not reliant upon the Blockchain or its services or products.
9. An individual or entity can only have one Win Node designation. For example, if an individual has a Win Node they cannot also have a blockchain that has a separate Win Node designation. If an entity, tax exempt entity, trust, or the like, is owned, managed, or controlled by an individual the same cannot have separate Win Node designation. If any member, officer, or agent of a Win Node’s entity violates any terms of this Agreement of the Code of Conduct, such activity will be deemed a violation by you and the Blockchain may terminate this Agreement in accordance with the terms herein.
10. Any earned digital rewards shall be deposited according to Win Node’s instructions and assigned digital wallets (Connect App, Green App, BTC App, etc.) pursuant to the WB and respective blockchain protocols. The Blockchain and the respective supported blockchains reserve the right to change or modify the process and blockchain protocols to earn digital rewards through the WB. The digital rewards are calculated in BTC equivalent of the USD amount at the time payment is collected by the Blockchain, which USD value of the digital reward may increase or decrease based on market and other conditions that are beyond Blockchain’s control. Win Node agrees that it has no claim on any particular fiat value of any digital reward, and you may be subject to claw Backs or offsets to its digital reward in the event of a refund or recall of products and Services sold to a Blockchain customer through Win Node’s unique Referral Code. The digital reward earned by the Win Node is disbursed by the Blockchain on the pay period after the settlement period for such customer payment to the Blockchain. You may withdraw any of its digital rewards in its digital wallet(s) at any time, except you agree that it must maintain at least $200 USD value in its Connect App at all times for the monthly payment of Services to the Blockchain. Any digital rewards earned by Win Node may be suspended or forfeited if Win Node is in violation of the terms of this Agreement, or your Account or digital wallets are not active, which may be subject to any state escheat laws, which Blockchain will comply with. You are solely responsible for reporting and payment of all taxes associated with any digital rewards earned through the WB. Win Node indemnifies, defends, and holds harmless the Blockchain against any claims by any tax authority related to Win Node’s digital rewards earned pursuant to this Agreement and the WB.
11. To the fullest extent permitted by law, Win Node releases the Blockchain (including its decentralized board, compliance, community, and any partner entities) and shall fully protect, defend, indemnify and hold harmless the Blockchain, its managers, members, partners, employees, decentralized community, decentralized compliance, partner entities, officers, agents and representatives, from and against any and all claims that relate to, concern or arise out of this Agreement.
12. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLOCKCHAIN, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. THE BLOCKCHAIN, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA AND CRYPTOCURRENCY REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF SERVICES. WIN NODE IS SOLELY RESPONSIBLE FOR SECURING ITS ACCOUNT, DATA, AND DIGITAL REWARDS. NEITHER THE BLOCKCHAIN, ITS WIN NODE, NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SERVICES AND ANY SUPPORTED BLOCKCHAIN WILL BE ERROR-FREE OR UNINTERRUPTED. THE BLOCKCHAIN, ITS WIN NODES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.
13. The Blockchain shall not be liable to Win Node for any indirect, incidental, consequential, punitive, reliance, special or exemplary damages, including without limitation, loss of business, lost profits, lost revenues, or increased cost of operations, based on any theory of liability, including without limitation, breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Win Node or its representatives has been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. Furthermore, the Blockchain’s total liability under this Agreement shall be limited to proven direct damages not to exceed the amount of digital rewards earned and received by you during the one-month period preceding a claim giving rise to such liability.
14. Any claim or dispute between You and the Blockchain shall be governed by the law and venue as determined by the decentralized board and decentralized compliance at the time of dispute. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. CUSTOMER ACKNOWLEDGES THAT, BY AGREEING TO THESE TERMS, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
15. If any provision of this Agreement is held to be invalid, illegal, or unenforceable under any applicable law or rule, the validity, legality, and enforceability of the other provisions of this Agreement will not be affected or impaired thereby.
16. If Win Node wishes to bring an action against the Blockchain for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against the Blockchain for such act or omission. You waive all claims that any other statute of limitations applies.
17. You authorize the Blockchain to use Your name, photograph, personal story and/or likeness in any advertising or promotional materials, and you expressly waive all claims for remuneration for such Blockchain use.
18. This Agreement is for the sole benefit of the parties hereto and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
19. You acknowledge and understand that the copyrights, patents, trade secrets, trademarks, and other intellectual property, including derivatives and rights thereof, belonging to the Blockchain are and shall remain the sole and exclusive property of Blockchain. Nothing in this agreement assigns or transfers to You any ownership or exclusive rights to any intellectual property or Confidential Information belonging to the Blockchain. You acknowledge that a breach of this agreement would cause irreparable harm to the Blockchain and that could not be adequately compensated by damages alone. Consequently, the Blockchain may seek and obtain, without posting a bond or providing any other security, immediate preliminary and permanent injunctions against Your breach or threatened breach of this agreement, in addition to any and all other legal and equitable remedies available and You hereby consent to the obtaining of such injunctive relief. The above shall also apply to intellectual property belonging to third parties with which You have access to under this agreement. Upon written request You shall immediately return any intellectual property belonging to the Blockchain.
20. You shall comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to European Union and U.S. companies, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions WBs implemented by the Office of Foreign Assets Control and the European Union’s Common Foreign and Security Policy (collectively, “Trade Sanctions Laws”). You represent and warrant that You and Your financial institutions, or any party that owns or controls You or Your financial institutions, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign as Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority. Further, You represent and warrant that you are currently in compliance with and shall at all times during the term of this agreement remain in compliance with the regulations of the United States Office of Foreign Assets Control (“OFAC”), including those named on FFAC’s Specially Designated and Blocked Persons List, and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit or Support Terrorism), or other governmental action relating thereto. Specifically, you shall not engage in business, sell to, or form a business relationship on behalf of others or for itself with any individual or country in contravention or violation of the aforementioned rules, laws, and regulations. You shall indemnify and hold harmless the Blockchain against and from any claim, loss, damage or expense (including attorneys’ fees and costs for the underlying investigation) arising from any breach or misrepresentation of this section.
21. You Acknowledge that Your activities under this agreement may be subject to United States and other anti-bribery and corruption legislation around the world (including without limitations, the U.S. Foreign Corrupt Practices Act and the UK Bribery Act). You warrant that You have not and undertake and agree that You shall not, in connection with this Agreement, make or promise to make any payment or transfer of anything of value, directly, or indirectly, to:
i. any governmental official or employee (including employees of government-owned or state-controlled corporations and employees of public international organizations);
ii. any political party, official or candidate;
iii. any intermediary for payment to any of the foregoing; or
iv. to any other person or entity if such payment or transfer would violate the laws of the country in which it is made or the laws of the United States of America
v. You acknowledge and agree that no payments or transfers of value shall be made that have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business or any improper advantage. You shall indemnify and hold harmless the Blockchain against and from any claim, loss, damage or expense (including attorneys’ fees and costs for the underlying investigation) arising from any breach or misrepresentation of this section.
22. You represent and warrant that: (1) nothing prevents you from entering into this Agreement or becoming a Win Node; (2) you are not (or have not been at any time) the subject or target of a civil or criminal governmental or regulatory investigation in any jurisdiction; or (3) you have not been convicted, found guilty, entered into a plea arrangement (or other settlement agreement), had a judgement entered against you, or the like, in any criminal proceeding in any jurisdiction. The Blockchain reserves the right, through its decentralized board and decentralized compliance, to terminate this Agreement immediately for a breach of this section. You shall indemnify and hold harmless the Blockchain against and from any claim, loss, damage or expense (including attorneys’ fees and costs for the underlying investigation) arising from any breach or misrepresentation of this section.
23. In the event Win Node brings in 25,000 other paying customers within their friend blockchain within the first 60 days of activating their first customer, Win Node shall receive a 5% Win support reward from all Start product lines packages ($100, $500, and $1000 Start packages) (“Start Reward”) within their friend blockchain purchases. Win node gets paid the greater of the Start Reward or their Win Blockchain support rewards, not both.
24. In the event this agreement is translated, the English language version shall govern in the event of a conflict or inconsistency.
You, Your, or Win Node
BLOCKCHAIN WIN NODE CODE OF CONDUCT
Revised: November 22, 2021
Each User is responsible and liable for its actions, and Blockchain assumes no responsibility or liability whatsoever for the conduct and omissions of any User. For the avoidance of doubt, Blockchain is not responsible for, liable for, and does not accept or promote any content on any third-party website, including any websites owned or maintained by any User.
1. Each User shall comply with all laws, rules and regulations that are applicable to their activities, including but not limited to those pertaining to marketing, advertising, website and social media, consumer protection, and privacy laws. Each User shall further comply with all applicable industry best practices and guidelines.
2. Blockchain may provide pre-approved promotional content for Blockchain’s products and services any Blockchain-supported blockchain. Each User may not modify any of this promotional content without obtaining the Blockchain’s decentralized compliance prior written approval. If a User desires to create its own promotional content for Blockchain’s products or services, the User must first obtain the decentralized compliance Blockchain’s prior written approval before such is used, displayed, or disseminated in any form or method. Any promotional content prepared by a User must comply with this Code of Conduct. Each User agrees to immediately terminate, remove, shut down, and cease using any promotional content at any time, with or without notice or cause at Blockchain’s request.
3. In any event, each User must:
a. act honestly in all dealings with any person regarding Blockchain’s (and its affiliate blockchain’s) products and services and any Blockchain-supported blockchain;
b. refrain from any illegal, unlawful or inappropriate acts, including but not limited to criminal acts, discrimination, racism, defamation, abuse, phishing, fraud, SPAM, tortious acts, copyright infringement, trademark infringement or infringement of any other IP rights, privacy infringement, the use of malware or spyware;
c. refrain from using personal information about someone, including the person’s name, unless the User has the prior written approval from such person;
d. comply with all guidelines set forth by relevant authorities, such as consumer and market authorities. This includes that each User must guarantee that all reviews are clear and honest and that all reviews comply with consumer and advertising guidelines regarding testimonials and endorsements, including, but not limited to: the disclosure of (i) a material connection between the endorser and User, (ii) requests made to provide an endorsement and (iii) any compensation received by the endorser for its endorsement. Each User shall never use the words or terms “free”, “guaranteed profit”, “guarantee return”, “guarantee”, “investment”, “initial coin offering”, “solicitation”, “security” or substantially equivalent claims;
e. not compete with any of the products or services offered and sold by Blockchain (or its affiliate blockchains);
f. not make or publish any misrepresentations or misleading information;
g. modify or hide any specific disclosures or disclaimers;
h. observe and comply with the terms, conditions, guidelines and policies of all third party services, including but not limited to social media services, search engine marketing systems, etc.;
i. refrain from using sweepstakes entries, lotteries, or similar participation incentives in their activities;
j. not syndicate, bulk, or broker offers to any third party without Blockchain’s prior written approval;
k. not include price information in their activities without Blockchain’s prior written approval;
l. not circumvent any security measures or tracking systems nor attempt to automate or falsify activity through the links;
m. not modify the links or transaction tracker codes in any way;
n. not create the impression that the website of the User or its services are provided or endorsed directly or in any way by Blockchain;
o. comply with all data protection laws, rules and regulations in all relevant jurisdictions;
p. comply with all reasonable requests from Blockchain, including but not limited to, in respect of Blockchain’s notice of violation or request to remove or cease using any material.
4. In case a User deploys automated systems or software for its activities, each User shall ensure that the use thereof shall not lead to a breach of this Code of Conduct. Each User is responsible and liable for any actions so taken.
5. A User is solely responsible and liable for the development, operation and maintenance of their website(s) and database(s) and for any and all content that may appear on such website(s). For the avoidance of doubt, Blockchain is not responsible for content on third party websites and does not accept any liability for content on third party websites.
6. Each User shall ensure that all staff, independent contractors, or other persons conducting any activities on behalf of such User related to Blockchain products and services shall receive this Code of Conduct and be regularly trained and instructed to comply with this Code of Conduct.
7. Each User shall ensure that all its activities comply with applicable rules and regulations regarding SPAM, emails, telephone, text, instant messaging, and all other forms of solicitation and contact with any person, and shall ensure that at least the following terms are met:
a. all email lists must be opt-in lists whereby the recipient has pre-approved and agreed to receive email messages specifically from the User. No rented, leased or third party lists may be used;
b. A User may not advertise in any way that effectively conceals or misrepresents its identity, its domain name or return e-mail address;
c. the User is the sender of the email, pursuant to any anti-SPAM rules (this includes that (i) the Affiliate must be identified in the “From:” field of the email, (ii) the User must state in the email how the recipient’s email address was obtained and (iii) the User must make clear that Blockchain is not the sender of the email);
d. prior to sending any emails, each User must submit its mailing list to Blockchain’s designated third party list-cleansing service to remove any names that are on Blockchain’s suppression list;
e. A User shall not send email traffic from its own databases or from third party databases to any of the Blockchain offers or the Blockchain network. All traffic related to email promotions will be rejected and marked as unqualified.
8. A User shall delete, recall and cease the use of any Blockchain promotional content immediately after their termination of use of Blockchain products or services or any Blockchain-supported blockchain.
9. Each User represents and warrants that it will respond to all consumer complaints within twenty-four (24) hours of notification, including any communication from Blockchain.
11. In case of an alleged breach of this Code of Conduct by the User, the User shall comply with all investigations and requests from or on behalf of Blockchain, and the User or shall provide to Blockchain all information necessary in blockchainion with such investigation or inquiry.
12. Each User acknowledges that in the event of a breach of this Code of Conduct, its name and address may in certain circumstances be disclosed by Blockchain to a third party, any government agency, or as required by law.
13. Each User acknowledges and agrees that by clicking on the button labelled “I Agree” (or similar links as may be designated by Blockchain), the User agrees to the relevant Blockchain agreement(s), terms and conditions or further code(s) and/or procedure(s), and that by doing so the User is submitting a legally binding electronic signature and is entering into legally binding contracts.
14. Blockchain may amend, supplement or revise this Code of Conduct at any time and such amended, supplemented or revised Code of Conduct shall automatically be applicable. Each User hereby pre-approves and agrees to any amended, supplemented or revised Code of Conduct.
15. EACH USER ACKNOWLEDGES AND AGREES THAT A VIOLATION OF THIS CODE OF CONDUCT MAY RESULT IN TERMINATION OF ANY AGREEMENT WITH BLOCKCHAIN, INCLUDING ANY REFERRAL OR REWARD PROGRAM, THE FORFEITURE OF ANY BONUS, BENEFITS OR REWARDS, AND SHALL RETURN ANY BONUSES, BENEFITS OR REWARDS OBTAINED BY MEANS THAT ARE IN BREACH OF THIS CODE OF CONDUCT.