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GIFTED IDEA LLC
"IDEA TEAM" TERMS OF USE

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS OF USE (COLLECTIVELY, "TERMS") WHICH RELATE TO PARTICIPATION ON THE IDEA TEAM OF GIFTEDIDEA.COM. YOU, INDIVIDUALLY AND AS A MEMBER OF THE GIFTED IDEA LLC ("GIFTED IDEA") IDEA TEAM, HEREBY AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE. THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE.

As a member of the Idea Team ("Member"), you understand and agree that the services offered by Gifted Idea, including without limitation, the gifts ("Gifts") provided on behalf of the users (the "Users") of the Gifted Idea website (the "Site") and your obligations and responsibilities as a Member, are subject to these Terms and The Giftedidea.com Terms of Service, which are incorporated herein by reference.

1. Application.

Upon filing and submitting your application to be a Member, Gifted Idea will review such application and make a determination of your eligibility to become a Member. Accordingly, Gifted Idea, in its sole and absolute discretion, will decide which applicants may become a Member. Such decision is final.

2. Harassment.

You will refrain from any unlawful harassment of other Members and/or Users, including without limitation, any communication (oral, written or otherwise), Gift recommendations, or any other actions and/or behavior that Gifted Idea deems inappropriate or offensive. Failure to adhere to this Term will result in corrective action of Gifted Idea, up to and including expulsion from the Idea Team and removal of a Member.

3. Non-Disclosure.

The Confidential Information provided to you is confidential and proprietary to Gifted Idea. You hereby agree that you will hold such Confidential Information in strict confidence and that you will not copy, distribute or otherwise disclose the Confidential Information to a third party without Gifted Idea’s prior written approval. For the purposes of this Section, "Confidential Information" shall mean information Gifted Idea provides to or makes available exclusively to Members which may include: (i) any source code, algorithms or other data related, directly or indirectly, to the services provided by Gifted Idea or this Site; (ii) policies regarding the commissions and rewards paid to Members, including without limitation, specifics about the commission structure and amounts; and (iii) any other information Gifted Idea deems confidential and proprietary.

4. Disallowed Recommendations.

You shall not make any recommendations for Gifts that include any of the following:

  1. Items that are sexually explicit in nature or application;
  2. Items that are for violent use or purpose;
  3. Items that are obscene, defamatory, harassing, offensive or malicious; and
  4. Items that may be otherwise illegal and may violate any federal, state or local laws, rules and regulations.

5. Inducing Users.

At no time shall a Member offer a User money or anything of value to induce such User to purchase a Gift through the Member’s recommendation/links, including without limitation, the inducement of other Members through "trading purchases." Any attempt to induce or actual inducement will be deemed a violation of these Terms and will result in corrective action, up to and including expulsion from the Idea Team and removal of a Member.

6. Friends and Family.

You may not request, encourage or demand any relatives, spouses, friends, agents, employees or others with whom you have a close relationship to make repeated purchases of any Gifts through your recommendation links within a six (6) month period. Reward(s) will only be earned per successful suggestion for each unique purchaser once every six (6) months.

7. US Citizen Residents ONLY.

You hereby represent and warrant to Gifted Idea that you are a United States citizen and maintain permanent residency in the United States. In the event that you receive rewards valued in excess of $599.99, you hereby agree to complete a form provided by Gifted Idea so that Gifted Idea can provide you a 1099-MISC form for the purpose of reporting your taxable income to the Internal Revenue Service. If you are not a U.S. citizen and do not maintain permanent residency in the United States, your status as a Member is void.

8. Non-Circumvention.

You shall not attempt to or actually circumvent these Terms, the Giftedidea.com Terms of Service or the Amazon Services LLC Associates Program Terms and Conditions at any time and for any reason. Circumvention includes, without limitation, disguising yourself as a User through the use of circumventing device or service or other circumventing technology. You should make reasonably efforts to remain logged in to the Site as a Member in accessing the Site from any location or any device.

9. Independent Contractor.

You have the status of an independent contractor and nothing in these Terms nor your or Gifted Idea’s conduct will be deemed to place you or Gifted Idea in any other relationship. Neither you nor Gifted Idea shall be responsible for the acts or omissions of each other. You and Gifted Idea agree that no employment, partnership, joint venture or agency relationship exists or will exist between you and Gifted Idea as a result of each other’s obligations under these Terms.

10. Termination.

Failure to adhere to these Terms will result in corrective action, up to and including expulsion from the Idea Team and removal of a Member. Any unpaid rewards and any potential future rewards at the time of such removal shall be forfeited.

11. Modification.

Gifted Idea reserves the right to change, modify or alter these Terms at any time and without notice. You hereby agree to be bound by the then-current version of these Terms.

12. Disputes.

Any disputes or claims arising out of or relating in any way to these Terms, including payment or nonpayment of rewards, may be appealed in writing to the management of Gifted Idea. Upon review of such appeal, the management of Gifted Idea will make a determination in its sole and absolute discretion and such determination shall be final and nonappealable.