TERMS, CONDITIONS, AND LICENSE FOR USE OF CONSULTING SERVICES
As an advertising affiliate of EEISI, you agree to the following terms and conditions and certify that you, the Affiliate, have read all of the following terms and conditions.
1. Definition of Terms
1.1. The terms "Service" and "Consulting Services" refers to the use of EEISI Tech Support through online access to the EEISI Tech Support website.
1.2. The term "Provider" refers to Joseph Jared Mark, dba "EagleEye Information Systems, Inc." ("EEISI"), who has established the EEISI Tech Support website, which serves as a location to receive Consulting Services for those companies and individuals that purchase EEISI Tech Support consulting services.
1.3. The term "Client" refers to the individual, company, or group who uses the Provider's service, and in the case of this agreement, shall specifically refer to those clients who have been referred to this service by the affiliate either directly or indirectly via another affiliate who was referred by this affiliate, who then referred that client.
1.4. The term "Consultant(s)" refers to the independent contractors who provide service and support through Provider.
1.5. The term "Consulting Service" refers to EEISI Tech Support Consulting Services.
1.6. The term "Affiliate" refers to an advertising partner of EEISI, who is paid a commission of sales for payments made by Clients.
1.7. The terms "Ticket" and "Support Ticket" refer to service requests made via the Service's website for help and/or support from EEISI and its Consultants.

2. License; Restrictions on Use.
2.1. You are granted a nonexclusive, nontransferable, limited license to access the Provider's website for the purposes of maintaining your Affiliate account, and utilizing the other available aspects of the Affiliate's section of the website,
2.2. All right, title, and interest (including all copyrights and other intellectual property rights) in the Consulting Services and Materials (in both print and machine-readable forms) belong to the provider of the Consulting Services. Affiliate acquires no proprietary interest in the Consulting Services, Materials, or copies thereof.
2.3. Affiliate may not use the Consulting Services, or Materials retrieved from the Consulting Services in any fashion that infringes the copyrights or proprietary interests therein.
2.4. The license granted herein shall remain in force for the period of time that Affiliate is receiving payment through the EEISI Tech Support website and/or its affiliate program.
2.5. Affiliate's account is non-transferable, and may only be used by members of the same household.

3. Payment.
3.1. Affiliate shall be paid a per-minute commission for billed time that is accrued for Support Tickets, and on a per-response basis for Email Tickets, that are submitted and billed to clients that they are responsible for referring to EEISI.
3.1.1. Affiliate is only paid for time that is billed to the Client, and for which the client does not dispute or reverse the charges. Charges that are subsequently removed from the Client's billing will cause a reversal of payment to the Affiliate for the commission payments made for those charges.
3.2. Affiliate shall be paid at a rate of 5 cents per minute that is billed to any clients they have directly referred, and a rate of 2 cents per minute that is billed to any client that was referred by another affiliate that was referred by this affiliate.
3.3. Affiliate shall be paid at a rate of 5 cents per email response that is billed to any clients they have directly referred, and a rate of 2 cents per email response that is billed to any client that was referred by another affiliate that was referred by this affiliate.
3.3.1. The rate per minute or email response has no bearing on the rate that is paid to the affiliate, and any percentage claims made by Provider or other affiliates is merely a reflection of the then-current percentage based on the then-current rates.
4. Terms of Use and Warranty
4.1. Provider represents and warrants that it has the right and authority to make the Consulting Services available pursuant to these general terms and conditions.
4.2. PROVIDER DOES NOT GUARANTEE ANY INCOME AS AN AFFILIATE, AND MAKES NO CLAIMS THAT INCOME WILL BE MADE.
4.3. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.4. Affiliate agrees that its exclusive remedies, and Provider's entire liability with respect to relationship between Provider and Affiliate, shall be as set forth herein. Affiliate further agrees that Provider shall not be liable to Affiliate for any damages, including any lost profits or revenues, lost savings, or other incidental or consequential damages arising out of its use or in the course of attempting to recruit new Clients, or breach of any express of implied warranty, even if Provider has been advised of the possibility of those damages.
4.4.1. Affiliate understands that Provider does not condone the use of unsolicited bulk email ("Spam"), and that Provider is not responsible for any consequences to Affiliate for the use of such methods, including but not limited to, legal action taken against Affiliate for such actions, or loss of Internet service.
4.5. AFFILIATE IS HEREBY RESTRICTED FROM USING UNSOLICITED BULK EMAIL ("SPAM") METHODS TO ATTRACT NEW CLIENTS OR OTHER AFFILIATES. USE OF SPAMMING METHODS WILL RESULT IN THE AFFILIATE'S ACCOUNT BEING DELETED, AND ALL PAYMENTS DUE TO THE AFFILIATE BEING FORFEITED. FURTHER, PROVIDER RESERVES THE RIGHT TO BRING SUIT AGAINST THE AFFILIATE FOR ANY AND ALL DAMAGES CAUSED BY ANY OF AFFILIATE'S INAPPROPRIATE ACTIONS.
4.6. Affiliate may not knowingly or unknowingly make false claims regarding the service, or this affiliate program, in the course of advertising for the Provider, and understands that doing so is grounds for termination of the affiliate's account, and forfeiture of any earnings or pay that is due to the affiliate.

5. Miscellaneous.
5.1. These terms and conditions, including the additional terms, may be changed from time to time by written notice posted on the EEISI Tech Support website.
5.1.1. Charges and payment terms may be changed at any time.
5.1.2. Affiliate will be notified of changes to this agreement via Email, and via a link to this agreement in its entirety on the Provider's website. It is the responsibility of the Affiliate to ensure that such email notifications are able to be received. This means (but is not limited to) the Affiliate's responsibility to ensure emails from the EEISI website are not blocked by spam filters, and the Affiliate's account has a valid Email address.
5.2. Your subscription for access to the Affiliate Program and its affiliate program may be terminated immediately upon notice to the Provider of the Consulting Services if any change is unacceptable. Continued use of the Affiliate Program following any change constitutes acceptance of the change.
5.3. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the EEISI Tech Support website by the Provider. Notices shall be deemed to have been properly given on the date they are emailed or displayed on the EEISI Tech Support website.
5.4. The failure of the Provider of the Consulting Services to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
5.5. The subscribing organization or individual may not assign its rights or delegate its duties under this contract to access the Consulting Services without the prior written consent of the Provider.
5.6. These general terms and conditions and the additional terms shall be governed by and construed in accordance with the laws of the state of Nebraska, USA.
5.7. Any legal actions necessary to enforce the terms herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire agreement.
5.8. If any part of this agreement is adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of this agreement, and the affect shall be confined to the part immediately involved in the controversy adjudged.
5.9. Affiliate acknowledges and agrees that this agreement is the complete and exclusive statement of the mutual understanding of the parties and that it supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this agreement. By checking below the Affiliate accepts the terms of this agreement in its entirety.