DESCRIPTION OF SERVICES
- JACQUIE JORDAN, INC., through its Web Property TVGUESTPERT.COM, will provide any person who is approved by JACQUIE JORDAN INC., in its sole discretion, and who subscribes to TVGUESTPERT.COM ("Member") with a personal profile on a web page that contains their Brand Identity, Photo, Contact Information and other materials such as, but not limited to, video files, informational content, links to products, biography and head shot ("Materials") specific to level of membership. Member is solely responsible for providing all Materials to TVGUESTPERT.COM for placement on the web site.
- TVGUESTPERT.COM provides Members with increased visibility to executives in the television medium through direct marketing and web search engine results. TVGUESTPERT.COM will be marketed to available and interested parties in the industry seeking qualified candidates. JACQUIE JORDAN, INC. does not guarantee that exposure to media or any marketing done by JACQUIE JORDAN, INC., on behalf of Member will result in bookings.
- Membership commences when TVGUESTPERT.COM has received all Materials, initial payment, and Member's profile goes online and shall continue until terminated as contemplated herein.
- The right to use TVGUESTPERT.COM is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member's account (under any screen name or password, if any) and for ensuring that all use of Member's account complies fully with the provisions of this agreement. Member shall be responsible for protecting the confidentiality of Member's password, if any.
- JACQUIE JORDAN, INC. shall have the right at any time, in its sole discretion, to change or discontinue any aspect or feature of TVGUESTPERT.COM including, but not limited to, content and hours of availability.
- Member shall use TVGUESTPERT.COM for lawful purposes only. Member shall not post or transmit through TVGUESTPERT.COM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or public rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TVGUESTPERT.COM's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Member that in TVGUESTPERT.COM's discretion restricts or inhibits any other Member from using or enjoying TVGUESTPERT.COM will not be permitted. Member shall not use TVGUESTPERT.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Members to become subscribers of other online information services competitive with TVGUESTPERT.COM without prior written approval.
- TVGUESTPERT.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, videos, graphics, and the entire contents of TVGUESTPERT.COM. These materials are copyrighted as a collective work under the United States copyright laws. TVGUESTPERT.COM and its content providers each shall have the right to assert and enforce such provisions directly or on its own behalf. Member may not modify, publish, transmit, participate in the transfer of sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of TVGUESTPERT.COM and the copyright owner. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- Member shall not upload, post or otherwise make available on TVGUESTPERT.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from such a submission and shall indemnify TVGUESTPERT.COM and JACQUIE JORDAN, INC., including reasonable attorneys' fees, for any and all claims related thereto. By submitting material to any public area of TVGUESTPERT.COM, Member automatically grants, or warrants that the owner of such material has expressly granted TVGUESTPERRT.COM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Member also hereby permits any other Member to access, view, store and/or reproduce the material for that Member's personal use. Member hereby grants TVGUESTPERT.COM the right to edit, copy, publish and distribute any material made available on TVGUESTPERT.COM by Member.
USE OF SERVICES
TVGUESTPERT.COM may add services to the web site that contain discussion forums, chat areas, news groups, email services, bulletin board services, communities, personal web pages, calendars, photo albums and/or other messaging or communication facilities designed to enable Member to communicate with others (each a "Communication Service" and collectively "Communication Services"). Member agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, Member agrees that when using the Communication Services, Member will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Member owns or controls the rights thereto or has received all necessary permissions to do the same.
- Use any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes on any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Falsify or delete any copyright management information, such as author attributions, legal or proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other Member from using and enjoying the Communication Services.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Members of the Communication Services or other Member or usage information or any portion thereof.
TVGUESTPERT.COM has no obligation to monitor the Communication Services. However, TVGUESTPERT.COM reserves the right to review materials posted to the Communication Services and to remove any Materials at its sole discretion. TVGUESTPERT.COM reserves the right, in its sole discretion, to terminate Member's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. TVGUESTPERT.COM reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in JACQUIE JORDAN, INC.'s sole discretion.
LIMITATION OF LIABILITY
- TVGUESTPERT.COM does not claim ownership of the materials Member provides to TVGUESTPERT.COM (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, Member acknowledges that by posting, uploading, inputting, providing or submitting ("Posting") Submissions, Member is granting JACQUIE JORDAN, INC., its affiliated companies and necessary sub-licensees permission to use Member's Submissions in connection with the operation of their internet businesses (including without limitation, all TVGUESTPERT.COM Services), including without limitation, the license rights to copy, distribute, transmit, publicly display, reproduce, edit and reformat Member's Submissions; to publish Member's name in connection with Member's Submission; and the right to sublicense such rights to any supplier of the Services contemplated hereunder.
- TVGUESTPERT.COM is a distributor (and not a publisher) of content supplied by third parties and Members. Accordingly, TVGUESTPERT.COM has no more editorial control over such content than does a public library, bookstore, or newsstand. Member acknowledges that any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Members or any other Member of TVGUESTPERT.COM, are those of the respective author(s) or distributor(s) and not of JACQUIE JORDAN, INC. Member further acknowledges that neither TVGUESTPERT.COM nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
- Member expressly agrees that use of TVGUESTPERT.COM is at Member's sole risk. Member acknowledges that neither JACQUIE JORDAN, INC., its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that TVGUESTPERT.COM will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of TVGUESTPERT.COM, or as to the accuracy, reliability or content of any information, service, or merchandise provided through TVGUESTPERT.COM.
- TVGUESTPERT.COM is provided on an "as is" basis without warranties of any kind, either express or implied including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
By entering into this agreement, TVGuestpert and Member both agree to mediate all differences arising out of said agreement.
In consideration of the terms and covenants of this agreement, and other valuable consideration, the receipt of which is acknowledged, the parties agree as follows:
MATTERS TO BE SUBMITTED TO MEDIATION
All disputes and controversies of every kind and nature between the parties to this agreement arising out of or in connection with TVGuestpert.com as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of the agreement shall be submitted to mediation pursuant to the procedure set forth in this agreement.
- Either party may demand such mediation in writing within 30 days after the controversy arises, which demand shall include the name of the mediator appointed by the party demanding mediation, together with a statement of the matter in controversy.
- Within 30 days after such demand, the other party shall name its mediator, or in default of such naming, such mediator shall be named immediately by the Arbitration Committee of the American Arbitration Association, and the two mediators so selected shall name a third mediator within 30 days or, in lieu of such agreement on a third mediator by the two mediators so appointed, a third arbitrator shall be appointed by the Arbitration Committee of the American Arbitration Association.
- An award rendered by a majority of the mediators appointed under this agreement shall be final and binding on all parties to the proceeding during the period of this agreement, and judgment on such award may be entered by either party in the highest court, state or federal, having jurisdiction.
AGREEMENT AS BAR TO SUIT
- The provisions of this agreement shall be a complete defense to any suit, action, or proceeding instituted in any federal, state, or local court or before any administrative tribunal with respect to any controversy or dispute arising during the period of this agreement and which is arbitrable as set forth in this agreement.
- The mediation provisions of this agreement shall, with respect to such controversy or dispute, survive the termination or expiration of any TVGustpert.com subscription.
LACK OF MEDIATORS' AUTHORITY TO MODIFY AGREEMENT
It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.
Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified or registered mail return receipt requested if sent to the respective address of each party as set forth herein.
SUBSCRIPTION AND BILLING
- First credit/debit charge is due upon executed agreement.
- All following credit/debit card payments are charged on the 15th of each month consecutively.
- All credit/debit payments are charged an additional 3% processing fee.
- If payment arrangement is preapproved as monthly check payments, TVGuestpert still requires a credit card in the case that check is not received by due date. TVGuestpert then has permission to charge credit card with 3% processing fee.
- No cancellations, no refunds, no transfers, no substitutions.
- Within 48 hours of unrendered payment, office will notify CLIENT for resolution.
- Reconciliation of account after 48 hours will incur a $350.00 late fee. All contract rates still accrue.
- Chargeback(s): If a customer initiates a chargeback, TVGuestpert may assess a $50.00 processing fee for each individual chargeback in addition to passing on the bank fees associated with the chargeback(s).
- Returned Check(s): TVGuestpert may assess a $50.00 processing fee on all returned checks in addition to passing on the bank fees associated with the returned check(s).
- Delinquent Accounts: All accounts 15 days past due may be disabled until balances are paid in full.
- Third-Party Collections Service: In the event the delinquent account is submitted to a third-party collections service, CLIENT will be responsible for all fees associated with the third-party collections service.
- Closing an account with TVGuestpert cannot be done by simply canceling the credit/debit card. TVGuestpert will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service.
- Non-renewals are for completed contracts. It is imperative that account non-renewals are done in writing to a TVGuestpert representative to ensure account closure thirty days before their final month. TVGuestpert will reciprocate the notification of non-renewals to the CLIENT in writing for CLIENT’s records.
- Non-Renewal of an account does not dismiss outstanding invoices. At the time of non-renewal, any outstanding balance must be settled. All non-renewal accounts with an outstanding balance may be automatically turned over to a third-party collection service.
- TVGuestpert reserves the right to terminate membership at any time, without a refund, due to unprofessional behavior with the TVG staff or with any 3rd party production staff.
- CLIENT’s dissatisfaction of service does not justify non-payment. TVGuestpert holds CLIENT accountable for responsiveness, availability, willingness, participation, and collaboration. TVGuestpert’s registered CLIENT is the sole party that TVGuestpert is responsible to for communication and services rendered. TVGuestpert reserves the right to amend and/or make up in time for any service claims left to CLIENT’s
TVGUESTPERT WALK THRU & STRATEGIC MEDIA CONSULTATION CALL
- For New Guestperts: To help you succeed and get the most from TVGuestpert, the TVGuestpert Walk Thru and the 30 minute Strategic Media Consultation Call is mandatory. Services must be used within 30 days from membership start date. Walk Thru needs to be scheduled and completed first before TVGuestpert Strategic Media Consultation Call is scheduled. If either or both do not get scheduled within the first 30 days of signing up, standard media consultation rates apply of $350.00 an hour, as outlined in the TVGuestpert Rates and Services Comprehensive Sheet.