Think Big Work Small Website User Agreement
Please read this document carefully before accessing or using www.thinkbigworksmall.com website, here forth referred to as “the site.” By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site and should immediately cease such use. THINK BIG WORK SMALL, Inc. here forth referred to as “TBWS” may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
Copyright, Licenses and Idea Submissions
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are Think Big Work Small, Inc. (TBWS), its affiliates or other third party licensors. You may not modify copy or reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to TBWS a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to TBWS by all means and in any media now known or hereafter developed. You also grant to TBWS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against TBWS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TBWS.
Digital Millennium Copyright Act
If you are a copyright owner or an Subscriber thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Subscriber with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its Subscriber, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trademarks
TBWS and/or any other names belonging to TBWS, or its websites, seminars, conferences, events, trade shows, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of TBWS, including the "look" and "feel" of the Site, color combinations, layout, and all other graphical elements. Any use of TBWS trademarks is strictly prohibited without the express permission from TBWS. Other product and third parties mentioned in the Site may be the trademarks of their respective owners.
Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. TBWS may from time to time recommend specific vendors and products but assumes no responsibility for the accuracy of claims or reliability of the product of any third party vendor.
Termination
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs “Copyright, Licenses and Idea Submissions”, “Use of the Site”, “Indemnification”, “Third Party Rights” and “Miscellaneous” shall survive any termination of this Agreement.
Refund Policy
TBWS customers are not entitled to any refunds or credits.
Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that TBWS shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Links
The Site may provide, or third parties may provide, links to non-TBWS Internet World Wide Web sites or resources. Because TBWS has no control over such sites and resources, you acknowledge and agree that TBWS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TBWS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of the State of California, United States applicable to agreements made and to be performed in the State of California, United States. You agree that any legal action or proceeding between TBWS and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Solano, State of California, United States. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TBWS failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. TBWS may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of TBWS. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.
Terms of Use-Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the TBWS.com domain name, the "TBWS Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), If you do not agree to any of these terms, the TBWS privacy notice, or the Community Guidelines, do not use the TBWS Website. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically request the most up-to-date version from TBWS. TBWS may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Terms of Use-TBWS Website
A. These Terms of Service apply to all users of the TBWS Website, including users who are also contributors of video content, information, and other materials or services on the Website. The TBWS Website includes all aspects of TBWS, including but not limited to TBWS channels, the TBWS "Embeddable Player," and the TBWS "Uploader." B. The TBWS Website may contain links to third party websites that are not owned or controlled by TBWS. TBWS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TBWS will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TBWS from any and all liability rising from your use of any third-party website. C. Accordingly, we encourage you to be aware when you leave the TBWS Website and to read the terms and conditions and privacy policy of each other website that you visit.
Use of the Web-Site
You understand that, except for information, products or services clearly identified as being supplied by TBWS, TBWS does not operate, control or endorse any information, products or services on the Internet in any way. Except for TBWS identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with TBWS. You also understand that TBWS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. TBWS offers a search feature within the Site. TBWS explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. TBWS also disclaims any responsibility for the completeness or accuracy of any directory or search result.
TBWS “PLUS” User Subscription
TBWS offers automatic financing fliers and Realtor contact management features in certain, domestic MLS coverage areas. By upgrading to a “TBWS PLUS” subscription you would have access to additional areas of the TBWS website. This area of the service automatically creates Financing Fliers for MLS Subscribing Realtors in these areas. It is the Users responsibility to ensure the accuracy of said financing fliers and to ensure they comply with any and a, local, State and Federal regulatory agencies. Eligibility to use the TBWS PLUS features in these markets requires TBWS coverage. It also requires that the TBWS user to also hold an active MLS membership in any MLS Hotsheet coverage area they wish to use in TBWS. Proof of MLS membership can be faxed to 707-432-1082 or emailed to [email protected]. MLS dues and membership are separate from TBWS website user subscription and it is solely the responsibility to maintain MLS membership while subscribing to TBWS Hotsheets. User must comply with all legal restrictions within their MLS. MLS Data contained in the TBWS Website is to be used solely for the creation and delivery of Financing Fliers to Realtors. It is understood that TBWS Hotsheet subscription does not give TBWS users the right to approach property owners or to “harvest” data by copying Realtor or Property records or information for any purpose other than the creation of Financing Fliers. In connection with your use of the Site, you agree you will not: a) Visit the subject property or contact the Property Owner(s) or current Residents without the express written consent of the Listing Subscriber. b) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity; c) Impersonate any person or entity, including but not limited to, a TBWS official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity; d) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); e) Post or transmit any Material that contains a virus or corrupted data; f) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; g) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); h) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; i) Violate any applicable local, state, national or international law; j) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; k) Delete or revise any Material posted by any other person or entity; l) Manipulate or otherwise display the Site by using framing or similar navigational technology, or m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any TBWS product or service if you are not expressly authorized by such party to do so. TBWS hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that: You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without TBWS's prior written authorization. You agree not to alter or modify any part of the Website, including but not limited to TBWS's Embeddable Player or any of its related technologies. You agree not to access User Submissions (defined below) or TBWS Content through any technology or means other than the video playback pages of the Website itself, the TBWS Embeddable Player, or other explicitly authorized means TBWS may designate. You agree not to use the Website, including the TBWS Embeddable Player for any commercial use, without the prior written authorization of TBWS. Prohibited commercial uses include any of the following actions taken without TBWS's express approval: The sale of advertising, on the TBWS website or any third-party website, targeted to the content of specific User Submissions or TBWS content; and any use of the Website or its related services (such as the Embeddable player) that TBWS finds, in its sole discretion, to use TBWS's resources or User Submissions with the effect of competing with or displacing the market for TBWS, TBWS content, or its User Submissions. Prohibited commercial uses do not include: uploading an original video to TBWS, or maintaining an original channel on TBWS, to promote your business or artistic enterprise; using the Embeddable Player to show TBWS videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with TBWS; any use that TBWS expressly authorizes in writing. If you use the TBWS Embeddable Player on your website, you must include a prominent link back to the TBWS website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way. If you use the TBWS Uploader, you agree that it may automatically download and install updates from time to time from TBWS. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit TBWS to deliver these to you) as part of your use of the Uploader. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the TBWS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TBWS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TBWS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, TBWS Community Guidelines, and all applicable local, national, and international laws and regulations. TBWS reserves the right to discontinue any aspect of the TBWS Website at any time.
Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the TBWS Website. The content on the TBWS Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TBWS, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TBWS reserves all rights not expressly granted in and to the Website and the Content. You may access User Submissions solely: for your information, business and personal use; as intended through the normal functionality of the TBWS Service; and for Streaming video marketing. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the TBWS Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is." User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the TBWS Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the TBWS Service or otherwise as prohibited under this Agreement. You may access TBWS Content, User Submissions and other content only as permitted under this Agreement. TBWS reserves all rights not expressly granted in and to the TBWS Content and the TBWS Service. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the TBWS Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TBWS Website or the Content therein. You understand that when using the TBWS Website, you will be exposed to User Comment Submissions from a variety of sources, and that TBWS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TBWS with respect thereto, and agree to indemnify and hold TBWS, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Your User Submissions and Conduct
As a TBWS account holder you may submit video content and textual content submissions ("Campaigns"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, TBWS does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TBWS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to TBWS, you hereby grant TBWS a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the TBWS Website and TBWS's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the TBWS Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TBWS Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the TBWS Service. You understand and agree, however, that TBWS may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TBWS all of the license rights granted herein. TBWS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TBWS expressly disclaims any and all liability in connection with User Submissions. TBWS does not permit or encourage copyright infringing activities and infringement of intellectual property rights on its Website, and TBWS will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TBWS reserves the right to remove Content and User Submissions without prior notice.
User Submission Termination Policy
TBWS will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. TBWS reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. TBWS may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Warranty Disclaimer
You agree that your use of the TBWS website shall be at your sole risk. To the fullest extent permitted by law, TBWS, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. TBWS makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the TBWS website. TBWS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the TBWS website or any hyperlinked website or featured in any banner or other advertising, and TBWS will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Anti-Spam Policy
Think Big Work Small (TBWS), Inc. takes spamming very serious. To prove our dedication to a spam-free environment, we have a no-tolerance spam policy to insure the integrity of our system is never compromised. Therefore, if any client engages in the act of spamming we will immediately terminate their account due to their violation of the TBWS Anti-Spam Policy. TBWS has and will continue to stay a true white-hat organization doing whatever is necessary within the policies put forth to maintain this status among the Internet community. We truly believe that all organizations like ours, including ASP's, ESP's and ISP's, have a responsibility to insure their clients engage in respectable and responsible email marketing practices.
Questions or Violation Reporting (Anti Spam)
The Think Big Work Small, Inc. definition of Spam was provided by The SpamHaus Project Ltd. (http://www.spamhaus.org). The word "spam" as applied to Email means Unsolicited Bulk Email ("UBE"). "Unsolicited" means the Recipient has not granted verifiable permission for the message to be sent. "Bulk" means the message was sent as part of a larger collection of messages, all having substantively identical content. A message is "Spam" only if it is both "Unsolicited" and "Bulk". "Unsolicited" Email is normal email (examples: first contact enquiries, job enquiries, sales enquiries) "Bulk" Email is normal email (examples: subscriber newsletters, customer communications, discussion lists). Technical Definition of Spam: An electronic message is "spam" IF:
(1) The recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) The recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.
What TBWS Does Not Allow (Anti Spam)
TBWS also prohibits the following email practices which are not included in the CAN-SPAM Act of 2003. All remove requests made outside the scope of TBWS opt-out links must be finalized within the users account within 3 days of the request date. Pornographic images, innuendo, copy and anything else deemed sexually offensive is strictly prohibited from being used within the email or the immediate landing page of any link within an email regardless of the FTC ruling requiring the label "SEXUALLY-EXPLICIT:" You can click this link for more information on the public ruling: http://www.ftc.gov/opa/2004/04/adultlabel.htm. List owners using third-party companies to send, track or host material within TBWS mailing services are also required to adhere to both TBWS Anti-spam and Privacy Policies. When requested, clients must provide detailed opt-in information within 24 hours of the request to avoid termination and/or additional fines. All clients are responsible for any action taken within the TBWS system and will be held accountable if any laws are broken including but not limited to, copyright infringement, using stolen data or harvested data, sending explicit material and or sending emails to individuals under the age of 13 unless the client has permission by the child's legal guardian.
To insure spam does not originate from any client using TBWS services, we have implemented both pre-screening and post-monitoring systems to catch the violation before it happens or before it becomes a nuisance to the Internet community. Here are a few of the precautions we take to insure our network stays clean: Client Pre-Screening, Import Limitations, Enforced User Agreements, Outbound Seeding and Monitoring, Dedicated Abuse Personnel, ISP Feed-backs, Blacklist Monitoring and News Group Reviewing, Confirmed-closed loop mail signup post processing
ISP and Black List Administrators (Anti Spam)
TBWS realizes we may miss a few clients that engage in spamming and we understand the only way to remain a 100% white-hat service is to form alliances with fellow mail administrators and anti-spammers. These partnerships will help insure TBWS clients stay compliant and that we do not spam other networks. The following organizations should contact us at: [email protected]; Internet Service Providers (ISP), RBL Administrators, Anti-Spam Organizations, Postmaster of a concerned mail server
Laws and Regulations (Anti Spam)
TBWS mandates that all clients adhere to local and federal laws including but not limited to the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act) which can be found here: http://www.ftc.gov/bcp/conline/edcams/spam/rules.htm, as well as local state laws where they apply. If you feel one of TBWS clients has violated the law in any way please contact Think Big Work Small, Inc. at [email protected].
Notice of Change (Anti Spam)
Think Big Work Small, Inc. reserves the right to change its anti-spam policy at any time. Notifications of changes to our anti-spam practices will occur through one or more of the following communications: Posting of a message on the www.ThinkBigWorkSmall.com Login Page, Posting of a message on the systems ‘News and Announcements” or via email to Website Users.
Limitation of Liability
In no event shall TBWS, its officers, directors, employees, or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from our website, any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the TBWS website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that TBWS shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if TBWS or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, TBWS liability is limited to the greatest extent permitted by law. You assume total responsibility and risk for your use of the site and the internet. Think Big Work Small provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or no infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and TBWS shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. You understand further that the internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. TBWS has no control over and accepts no responsibility whatsoever for such materials. The website is controlled and offered by TBWS from its facilities in the United States of America. TBWS makes no representations that the TBWS website is appropriate or available for use in other locations. Those who access or use the TBWS website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnification and Reservation of Rights
You agree to defend, indemnify and hold harmless TBWS, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TBWS Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the TBWS Website.
Third Party Rights
The provisions titled “Use of the Web-Site”, and “Indemnification and Reservation of Rights” are for the benefit of TBWS and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TBWS without restriction.
General
You agree that: (i) the TBWS Website shall be deemed solely based in California; and (ii) the TBWS Website shall be deemed a passive website that does not give rise to personal jurisdiction over TBWS, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and TBWS that arises in whole or in part from the TBWS Website shall be decided exclusively by a court of competent jurisdiction located in Solano County, California. These Terms of Service, and any other legal notices published by TBWS on the Website, shall constitute the entire agreement between you and TBWS concerning the TBWS Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TBWS's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TBWS reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the TBWS Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and tbws agree that any cause of action arising out of or related to the tbws website must commence within one (1) year after the cause of action accrues.
Think Big Work Small Referral Rewards (Referral Rewards)
This Subscriber Agreement (“Agreement”) is by and between you (the “Subscriber”) and ThinkBIGWorkSmall.com, Inc., hereon referred to as “TBWS.” TBWS, a California corporation, located at 3700 Hilborn Road, Suite 700, Fairfield, CA 94534. This Agreement explains the basis upon which transactions between you, the Subscriber, and TBWS will take place and our responsibilities toward each other. The Effective Date of this Agreement shall be the date that Subscriber completes TBWS’s Subscriber signup process. By entering into this Agreement, in addition to transactions entered into by Subscriber on its own behalf, Subscriber also agrees to be bound by the terms of this agreement for transactions entered into on its behalf by anyone acting as its Subscriber. Subscriber also agrees to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account Subscriber hereby establishes with TBWS, whether or not the transactions were in Subscriber’s behalf. Subscriber also agrees to be bound by any applicable agreements, policies, or procedures posted on the TBWS web site, as well as any changes that may be made to them. To complete the Subscriber signup process, Subscriber must read this entire Agreement and agree to be bound by all the terms and conditions. Subscriber agrees that TBWS may modify this Agreement in order to comply with applicable laws and the terms and conditions set forth by TBWS. This Agreement as well as any additional TBWS policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and TBWS concerning Your use of TBWS ’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All TBWS policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference. By purchasing TBWS’s Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, including the Universal Terms of Service as well as any new, different or additional terms, conditions or policies which TBWS may establish from time to time, and any agreements that TBWS is currently bound by or will be bound by in the future. Such Agreements may be found in the RCC. Subscriber acknowledges that TBWS’s acceptance of this Agreement and any application made by Subscriber for services provided by TBWS will take place at TBWS’s offices located in Fairfield, CA, USA. Whereas TBWS is an accredited and fully-operational web-based marketing and prospecting solution; and, whereas Subscriber desires to purchase this web-based marketing and prospecting solution and other services or products that may be available (the “Services”) from TBWS for purposes of selling such Services to its own customers; Therefore, the Registrar and Subscriber agree as follows:
Eligibility to Refer TBWS Subscriptions (Referral Rewards)
Subscribers must agree to Subscription Agreement and maintain a paid TBWS Subscription to be eligible to Refer TBWS subscriptions and earn commissions. This is done by selecting the TBWS Subscribers subscription link and agreeing to the terms of this agreement. TBWS subscribers who have not agreed to subscribe as TBWS Subscribers have no rights to refer the services of the TBWS website or to earn commissions accordingly. Subscribers must maintain a paid TBWS Subscription. Subscribers who fail to pay for TBWS services will permanently lose all Referral Rewards rights and revenues.
Service Details (Referral Rewards)
Subject to the terms and conditions of this Agreement, TBWS grants the Subscriber a non-exclusive, non-transferable license to refer TBWS Services in the United States. The TBWS site is non-transferable and cannot be sold separately or in conjunction with the sale of an existing site or business.
Price (Referral Rewards)
Subject to the terms and conditions of this Agreement, Subscriber acknowledges that prices, discounts and transaction fees are subject to change from time to time, solely at the whim of TBWS.
Service Pricing (Referral Rewards)
TBWS will provide its services to the Subscriber according to the TBWS Fee Agreement. Subscriber may NOT set its own prices or agree to re-numerate or pay users any amount of money for any reason as inducement to Subscribe to TBWS. TBWS will charge each of its customers the dollar amounts designated by TBWS, nothing less and will pay now kickbacks or signing fees.
TBWS Reward Center (Referral Rewards)
TBWS will provide access to Subscribers, the TBWS Rewards Center (TRC). The TRC stores commission rates, Customer information, accrued commission totals and general information relative to Referring Subscribers to TBWS.
Distribution Codes (DC) (Referral Rewards)
Subscribers will be offered a distribution code (DC) which will be emailed to them and available in the TRC. After subscribing for TBWS, your DC will be emailed to you. If you have not received a DC, it can be found in the TBWS Reward Center. If you haven’t received a DC via email and if you are not granted access to the TBWS Reward Center after subscribing, contact Think Big Work Small at (707) 432-1035 or email [email protected].
Customers and Distribution Codes (Referral Rewards)
Potential Customers viewing the TBWS site will be asked to enter DC during signup. The DC they enter, even if left blank or null will be their permanent lifetime code, regardless of an interruption in service caused by cancellation or termination. This is the one and only time for Customers to enter the correct DC and Subscribers are solely responsible for ensuring that Customers input the correct DC when subscribing. Under no circumstance will TBWS enter or assign DC codes after Customer subscription; nor will TBWS pay commissions on Customers who forget or inaccurately enter the correct Subscriber DC. TBWS will also not allow Customers to Cancel Service and re-subscribe under a new or different DC. Customers who cancel and Re-Subscribe will not be allowed to change or ad a DC; meaning they cannot manipulate TBWS policy or procedures to ad or change their referring Subscribers.
Earned Commissions (Referral Rewards)
TBWS will make reasonable efforts to bill and collect subscriptions from Customers referred to TBWS. Commissions will be paid only after successful collection of Subscription fees by TBWS on Customers who entered a Subscribers DC during signup. Commissions will be paid in the amounts and on the intervals described in the TRC. In the event that Subscriber voluntarily cancels their TBWS Subscription, all commissions immediately cease to accrue. Should a person subsequently re-subscribe to TBWS after cancellation, no commissions will be paid on past clients generated during the term of any prior reselling agreement between TBWS and Subscriber. TBWS, at it’s sole discretion, reserves the right to arbitrarily terminate any Subscriber at any time for any reason. After termination, no commissions will be earned by Subscriber on any Customers of TBWS. Accrued commission prior to cancellation will be paid at the end of that quarter.
Commission Levels and Example (Referral Rewards)
Commissions are paid, potentially on one level. TBWS is not a “Multi Level Marketing Company”, a “Pyramid” or a “Ponsie Scheme”. Subscribers who sign up using a Subscribers DC are “Rewards” Subscribers under the original Subscriber. Rewards Subscribers will also be assigned a unique DC but any clients Subscribing with their DC do not benefit financially, the original subscriber, just the one related to the DC they entered during signup.
Example:
Subscriber “A” Subscribes to TBWS and gets a unique DC of their own. Subscriber “B” signs up using the DC of Subscriber “A”. Subscriber “B” now has their own unique DC and is a Rewards Subscriber under Subscriber “A”. Subscriber A is paid according to the schedule and terms found in the TRC for referring Subscriber “B”. Subscriber “C” signs up using the DC of Subscriber “B”. Subscriber “C” now has their own unique DC and is a Rewards Subscriber under “B” and no financial benefit is due Subscriber “A”.
Commission Rates (Referral Rewards)
Commission Rates and amounts are determined at the sole behest and whim of TBWS. Commission Levels, Rates and Examples are available to Subscriber in the RBWS Rewards Center (TR). Commission rates can change and/or cease to exist at any time; solely at the discretion of TBWS. Subscribers must consider this before investing any time, energy or money in an effort to earn Commissions as a Subscriber of TBWS. Simply stated, the Rewards program can change at any time in any way at by TBWS for any reason whatsoever.
Payment (Referral Rewards)
Payment of commissions will be calculated and paid quarterly. Example: Commissions earned in the first quarter would be calculated on Subscriber Rewards Subscriptions billed and collected during the months January, February and March. TBWS will make reasonable efforts to pay commissions within 30 days following the quarter. Commission payments for all domestic Subscribers will be paid by check; delivered by US mail. Payments will be calculated and sent quarterly within reasonable time frames. Subscriber must accurately complete a W-9 form for tax reporting purposes. Failure to complete a W-9 form will cause Subscriber commission payments to be withheld. Subscriber will be provided a W-9 form to complete and return to TBWS for processing.
Fraudulent Transactions (Referral Rewards)
Subscriber agrees to hold TBWS harmless and to indemnify TBWS for and against transactions processed by TBWS on behalf of Subscriber that are fraudulent in nature. These fraudulent transactions could result from, but are not limited to, misrepresentations in the sign up process, or from the use of stolen or misappropriated credit cards.
Term (Referral Rewards)
This Agreement is in effect until revoked by either party. Subscriber agrees that TBWS may modify this agreement unilaterally from time to time. Subscriber agrees to be bound by any changes TBWS may reasonably make to this agreement when such changes become effective. Should Subscriber elect to cancel their agreement with TBWS, Subscriber will receive a final payment after the end of the current quarter, for any commission earned prior to cancellation. The Subscriber own paid TBWS Subscription remains in place unless cancelled separately
Termination (Referral Rewards)
Either party may terminate this Agreement for a material breach of contract by the other party that has not been cured within 30 days. Either party must notify the other of such material breach in writing. Or, either party may terminate this Agreement with 30 days written notice. Upon termination, all related commissions immediately cease to accrue. In the event that a Subscriber discontinues their paid TBWS Subscription, commissions will cease and remaining amounts will be paid to the Subscriber at the end of that quarter.
Restriction of Service; Right of Refusal (Referral Rewards)
Subscriber agrees that TBWS, in its sole discretion and without liability to Subscriber, may terminate this Agreement if Subscriber is found to be using TBWS Services in association with unsolicited commercial email (“spam”) or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States in which Subscriber conducts business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event TBWS terminates this Agreement for spam or morally objectionable activities, no refund will be issued.
Export Restrictions (Referral Rewards)
Title to products and services herein being purchased is retained by TBWS until goods are paid for by Subscriber and at the time title passes to Subscriber. Subscriber agrees that Subscriber is prohibited by law from exporting to certain countries, and shall comply with all export regulations if shipping to another country, including licensing requirements.
Terms of Confidentiality (Referral Rewards)
Subscriber agrees to exercise a reasonable level of care and discretion to prevent and restrain the use, disclosure, or reproduction of TBWS’s Confidential Information. “Confidential Information” means nonpublic information that TBWS designates as being confidential or which, under the circumstances surrounding disclosure, ought to be treated as confidential by Subscriber. Confidential Information includes, but is not limited to, information in tangible or intangible form relating to and/or including released or unreleased products, the marketing or promotion of any of TBWS’s products, TBWS’s business policies or practices, and information received from others that TBWS is obligated to treat as confidential. Confidential Information does not include any information, however designated, that: is or subsequently becomes publicly available without Subscriber’s breach of any obligation under this Agreement; became known to Subscriber prior to disclosure under this Agreement; became known to Subscriber from a source other than TBWS Domains other than by the breach of an obligation of confidentiality owed to Subscriber; or is independently developed by Subscriber. This obligation shall last three (3) years after the termination of your Subscriber account with TBWS Domains.
Conflicts of Interest (Referral Rewards)
Subscriber will disclose to TBWS any conflicts of interest or potential conflicts of interest Subscriber may have in a timely manner.
Ethical Standards (Referral Rewards)
Bribing or offering gifts in exchange for purchases by customers is prohibited and will result in termination of your account.
Privacy (Referral Rewards)
Subscriber agrees to be bound by the Privacy Policy of TBWS in its dealings with customers and others and to post the Privacy Policy provided to Subscriber by TBWS on Subscribers home page. Failure to comply with such Privacy Policy will be deemed a material breach of this Agreement.
Branding (Referral Rewards)
Under no circumstance does TBWS authorize Subscriber to brand TBWS services by using Subscriber name and/or separate brand. However, Subscriber may use the TBWS logo on Subscriber marketing materials or web site.
Registrar Identification (Referral Rewards)
Upon customer inquiry, Subscriber must inform them that Subscriber does benefit financially by successfully referring TBWS’s Services. Subscriber may not do anything to give the impression to anyone that the Subscriber is TBWS approved registrar.
Marketing Rights (Referral Rewards)
TBWS and TBWS related companies may not market TBWS branded products or services to Subscriber customers.
Technical Support (Referral Rewards)
TBWS will provide technical support to Subscriber and customers.
North American Securities Administrators Association
Multilevel marketing plans, also known as "network" or "matrix" marketing, are a way of selling goods or services through distributors. These plans typically promise that if you sign up as a distributor, you will receive commissions for both your sales of the plan's goods or services and those of other people you recruit to join the distributors. Multilevel marketing plans usually promise to pay commissions through two or more levels of recruits, known as the distributor's "downline." TBWS subscribers are not paid on Levels of any sort, they are paid for the referral of Subscribers ONLY, not on the referral of “distributors” and are NOT encouraged to invest significant energies or monies obtaining new subscribers; nor are they asked to buy or “inventory” or other third party products or services to do so.
Representing TBWS Rewards to Potential Customers
Subscriber agrees to remain cautious when making claims that Subscribers can make money through continued growth of a "down-line" of Subscribers. Subscriber understands that exaggerated claims of income opportunities to prospective Subscribers is grounds for immediate termination and that such claims will create swift, and recourse from TBWS. Also, Subscriber will not to exaggerate their own commissions earned by TBWS to potential customers. Subscriber will not promote “opportunity” meetings in an effort to TBWS under the pretense that it is an income opportunity. Clients must be introduced to TBWS based on the merits and affordability of the TBWS System as a user, not in order to simply become eligible to participate in the Rewards Program. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Notices (Referral Rewards)
Subscriber agrees that all notices (except for notices concerning breach of this Agreement) from TBWS to Subscriber may be posted on our web site and will be deemed delivered within fifteen (15) days after posting. Notices concerning breach will be sent either to the email address Subscriber has on file with TBWS or mailed first class postage to the postal address Subscriber has on file with TBWS. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from Subscriber to TBWS shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
ThinkBigWorkSmall
3700 Hilborn Rd, #700
Fairfield, CA 94534
Delivery shall be deemed to have been made by Subscriber to TBWS five (5) days after the date sent.
No Solicitation (Referral Rewards)
Subscriber agrees that it will NOT approach TBWS’s employees with proposals to hire them as its own employees or contractors. If Subscriber were to hire any of TBWS’s employees, Subscriber agrees to pay TBWS for each employee hired the greater amount of three years salary for that employee, or $1,000,000.
Representation and Warranties (Referral Rewards)
Subscriber warrants that all information provided by Subscriber as part of the registration process is complete and accurate. Subscriber also warrants that each registration Subscriber makes is being done so in good faith and that Subscriber has no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s registration, trademark or trade name. Subscriber agrees that TBWS makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to Subscriber against the possibility of objection to, or challenge of, the registration or use of any domain name Subscriber registers with TBWS. TBWS expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of TBWS, as well as its affiliates, subsidiaries, officers, directors and employees. TBWS also reserves the right to freeze a domain name during resolution of a dispute.
Modification (Referral Rewards)
This Agreement and its Attachments are subject to change. Subscriber will be notified of such changes as they occur via the email contact supplied during the Subscriber signup process, which may be modified using the Subscriber’s site administration tool.
Assignment (Referral Rewards)
Subscriber may not assign its rights or duties under this Agreement to another without the express written consent of TBWS. TBWS may assign its rights and obligations under this Agreement without notice so long as the Service continues to operate as outlined in this Agreement.
Intellectual Property (Referral Rewards)
Subscriber agrees that TBWS and its parent and affiliate companies own all proprietary rights, including but not limited to copyrights, patents and trade secrets, trademarks, and service marks, in and to the API and that this Agreement does not transfer ownership of any of these rights. TBWS expressly reserves its rights in and to all such content and materials. TBWS shall own all proprietary rights in any modifications to the API, whether created by TBWS , Subscriber, users, or a third party. Subscriber hereby assigns to TBWS all proprietary rights, including copyright, patent and trade secret rights, to any modifications created by Subscriber. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license, except the limited license provided below in this section, is granted to Subscriber or conferred upon Subscriber by this Agreement or otherwise. Subscriber will not use any of TBWS 's trademarks or other intellectual property unless specifically authorized by TBWS , nor will Subscriber register any trademark that is substantially similar to one owned by TBWS . Subscriber shall not use any of TBWS 's intellectual property in its advertising except as specifically authorized by TBWS . Subscriber agrees not to use TBWS 's trademarks, including its web site URLs, as keyword terms in any online advertising agreements. Subscriber will use all computer programs, documentation and information consisting of or containing proprietary information related to the API solely for the purpose of performing under this Agreement. Subscriber will not decompile, disassemble or otherwise reverse engineer the API or cause others to do so. Subscriber will not modify or cause others to modify the API, without the prior written consent of TBWS. Except as otherwise explicitly agreed in writing, TBWS -owned content described in this document may be downloaded, displayed, reformatted and printed for Subscriber's personal, non-commercial use only. Subscriber agrees to prevent any unauthorized copying of the API. Content owned by TBWS advertisers, suppliers or licensors may be subject to additional restrictions. Subscriber agrees to use the API and this document only within the scope of their intended business purposes.
Trademark License Guidelines (Referral Rewards)
TBWS grants Subscriber a non-transferable license to reproduce and display on its web site the name, address and logos of ThinkbigWorksmall.com, located in the TBWS Rewards Center. Subscriber shall be required to check the TBWS Rewards Center periodically to monitor any changes to the Marks and copyrights, including but not limited to a change from a pending trademark (™) to a registered trademark (®). Subscriber must promptly make any revisions to any affected Marks or copyrights it is using. The TBWS products and services must be clearly identified by their names above, and the use of those names must be used only to accurately describe or reference TBWS products and services. Subscriber is not required to identify TBWS next to each appearance of the Marks and copyrights, however, the Marks and copyrights must be reproduced exactly as they appear within this section or as authorized within the TBWS Rewards Center, and must include the applicable ® , ™, or copyright string. Each display of a Mark or copyright must appear substantially distinct from Subscriber's name or other text; so there is no appearance that they are owned by Subscriber or that Subscriber has any association with them, other than its association with TBWS . TBWS may provide further specifications to Subscriber in addition to these general guidelines and Subscriber shall be obligated to adhere to them. Subscriber is prohibited from displaying the Marks and copyrights in such a way that implies an affiliation, sponsorship, or endorsement of Subscriber by TBWS, other than Subscriber's relationship with TBWS as a Subscriber. All rights not expressly granted by TBWS to Subscriber are reserved by TBWS. TBWS may audit the use of its Marks and copyrights to determine compliance with this section, and TBWS reserves the sole discretion to restrict Subscriber's use of its Marks and copyrights. Subscriber shall obtain the permission of TBWS before using the Marks and copyrights for any purpose other than as explicitly provided in this section or in the TBWS Rewards Center.
