The terms of service below
apply to both advertisers and resellers. The term members is interchangeable and applies
equally to Advertisers, Resellers, Associates, and Affiliates.
These terms represent a contract between you and KuleMail and as such the terms
of the contract are fully enforceable by law.
An Independent Reseller of KuleMail agrees to always act honestly and fairly in a
way that will enhance the reputation of the Member and KuleMail when representing
A Member agrees to always offer full support as a sponsor of their personally referred
members and future prospective members. This includes avoiding deceptive or illegal
practices and making untrue claims regarding KuleMail products, services, and
A Member agrees to not make public projections and claims regarding the income potential
of any member, including themselves and a Member understands that the success of other
Member's may differ substantially and is determined by many variables uncontrollable by
When promoting KuleMail a member agrees to be respectful of all prospective
Members. This includes respectful acceptance of all prospective Member comments and
questions as well as their privacy concerns.
A Member agrees to be and understands that they are solely responsible for any and all
legal and financial obligations that could result from their KuleMail Membership.
This includes but is not limited to self-employment taxes, income taxes, sales/use taxes,
A member understands that if they have questions pertaining to any of the legal documents
supporting KuleMail they should contact the Support Team of KuleMail for
the most up to date answers to resolve those questions.
Ads placed on the network by members must be...
- Text format only
- Urls must be inserted in the correct places and not where
the copy or heading should be.
- Urls must not contain any frame breakers.
An Independent Reseller of KuleMail is required to understand and abide by the
rules, terms, and policies outlined by KuleMail.
KuleMail reserves the right to change their rules, terms, and policies at any
time as they deem appropriate.
KuleMail complies with all federal, state, provincial, and local laws, as well as
all statutes and regulations governing Network Marketing and Internet Advertising and
requires every Reseller to do the same.
Independent Reseller Status:
An individual may become an Reseller by agreeing to comply with all KuleMail
Policies and Terms and Conditions. An applicant wishing to become an Reseller or
Advertiser must fill out the appropriate registration form online.
KuleMail reserves the right to reject any person wanting to become an Independent
Reseller or Advertiser,or withdraw the active status of an Independent Reseller or
Advertiser for any reason. Withdrawal of a Member's active status by KuleMail
after any fees have been collected may be refundable at KuleMail discretion, and
depends solely on the reason for termination of the Member's account.
Any personal information collected on the KuleMail registration form will be
Use of Autoresponders:
Members must maintain an active, reachable email address at all times. We recommend gmail.
You can get a free account here http://mail.google.com
- Autoresponders are strictly banned from our system and any members found using them will
have their accounts instantly terminated from the KuleMail Network.
Refund Policy & Chargebacks:
Once you have completed any purchase at the KuleMail site, you acknowledge that
you have read the terms of service fully and that you voluntarily agree to be bound by
these terms which include a zero refund policy, and that you expressly agree to forego any
and all refund claims.
KuleMail offers advertising services and makes no claim to suitability or performance.
Results depend on many factors beyond KuleMail control. We simply display your
site to a targeted audience. It is up to your ads sales copy to entice the audience to
click on your website link.
All active Members are authorized to promote and sell the advertising services of
KuleMail, by advertising their own KuleMail web site, and in doing this,
quality to earn commissions for all advertising sold through their reseller site.
Members must be of legal age, or age of the majority (whichever maintains precedence) in
the state, province, or country of their primary residence. KuleMail reserves the
right to ask any Member to provide proof of age for any reason.
Multiple Member Accounts:
Members may not have more than one active account in KuleMail. Any and all
information held by KuleMail in a Member's record can be used at the discretion
of KuleMail to determine if a Member has direct ties to more than one account.
KuleMail reserves the right to terminate additional accounts held by the same
Member and the Member him/herself risks immediate termination for violating the
KuleMail Terms and Conditions.
Member Account Names:
A person many not enroll as a Member of KuleMail using a fictitious personal name
or corporate name. The name associated with a Member's account must be their legally
registered name or business/corporate name.
Independent Member Status:
All Members are independent contractors of KuleMail. Membership accounts with
KuleMail are not franchises, joint ventures, or partnerships with KuleMail,
unless otherwise specific by the management, nor does any Member count as an
employee, agent, or administrator for KuleMail. Members are strictly prohibited
from stating or implying that they hold or maintain any other type of relationship with
KuleMail. Members, both active and inactive have no authority to bind the Company
to any obligation.
Members may be required at any time to provide KuleMail with a valid
government-issued tax identification number (or other means of identification as mandated
by the Resellers home domicile tax authority), as well as a current and valid billing and
mailing address, phone number and e-mail address.
This personal information will be used for purposes pertaining to a Members KuleMail
account only and will be kept in a secure location by KuleMail.
Failure to provide such requested information and proof that it is current may result in
(a) termination of the Member's KuleMail Membership, (b) forfeiting of any and
all commissions due.
Any penalties or fines that may result from issuing an incorrect tax identification number
or other personal information to KuleMail will be the sole responsibility of the
Member Advertising and Account Rules:
Exclusive Marketing Territories:
Unless it is implied through formal written documentation by KuleMail, no Member
has exclusive marketing and sponsorship rights over a specific territory. Members found to
be implying such rights risk immediate termination from KuleMail.
Exclusive Marketing Methods:
Unless it is implied through formal written documentation by KuleMail, no Member
has been given the authority to supply other Members with exclusive marketing material,
methods, leads, etc. Members found to be implying such rights, either online or offline,
risk immediate termination from KuleMail.
Member Legal Compliance and Taxation:
It is the Members responsibility to stay informed and comply with all international,
federal, state and/or provincial statutes, laws and regulations, and all local ordinances
and rules concerning all aspects of their KuleMail business. Members are
responsible for their own managerial decisions and expenditures, including taxes. Since no
Member is a KuleMail employee, with respect to any law, statute or rule for
federal or state tax purposes KuleMail is not responsible for payment or
co-payment of any employee benefits and/or taxes.
Members will not be treated as franchisees, joint venturers, partners, employees or agents
with respect to the United States Internal Revenue Code, Social Security Act, any federal,
state and/or provincial unemployment act(s), or any federal, state, provincial or local
laws, statutes, ordinances, rules or regulations. All Resellers are considered to be
Independent Contractors, with status dictating a non-employee status in all foreign
All information found in the Members Only Site is considered proprietary and confidential
and for access by Members only. Information pertaining to other Members on the KuleMail
team must not be shared with non KuleMail Members or any third party.
Due to legal and tax considerations KuleMail may be forced to exclude residents
of certain countries from becoming an active Member of KuleMail.
Any Member found to be recruiting, targeting advertisements to, training residents of, or
doing any other activity related to building their KuleMail business in
restricted countries risk immediate termination.
Creating a New Member Account:
With one exception Members are strictly prohibited from canceling their active Membership
and rejoining with a different sponsor.
At the discretion of KuleMail, there may be one exception offered to those
Members who clearly accidentally enrolled into KuleMail at the wrong Member's
KuleMail web site.
KuleMail Web Site Materials and Content:
The name KuleMail, all copyrighted material, Intellectual Property, KuleMail logos,
and the names of all Company products and services are the intellectual
property of and owned by KuleMail. Only KuleMail is authorized to
produce and market products, materials and literature under these intellectual property
Use of the KuleMail name in any manner not approved or authorized by KuleMail,
or without the terms “Independent Reseller of KuleMail“ is
Communications and Advertising:
In all written promotional and information content both online and offline pertaining to
KuleMail, Members are permitted to use the KuleMail name as long as they
have received company approval and all information is accompanied by the term
“Independent Reseller of KuleMail“.
Any Member found to be transmitting, displaying, or sharing any form of self constructed
marketing material pertaining to KuleMail including online and offline written
material, endorsements, conducting live interviews, giving speeches, trade shows, etc.
without written consent from KuleMail will risk immediate termination.
Telephone and Fax Solicitation:
Members are prohibited from using the KuleMail name or copyrighted materials with
automatic calling devices, call centers, and fax broadcasts to solicit new business.
KuleMail does not condone or tolerate the use of Unsolicited Commercial E-mail
(UCE), Unsolicited Bulk E-mail (UBE) or Spam. All e-mails sent out by a Member to promote
their KuleMail business must fully comply with KuleMail strict No Spam
Failure to comply will result in immediate termination of the guilty Member's KuleMail
account with all pending commissions forfeited and no further access to the Members
No income projections, whether supported mathematically or otherwise, may be made public
to other Members or any prospective Members. No KuleMail Member is permitted to
display their earned commissions as enticement to a prospective Member. Members cannot
guarantee commissions, bonuses, etc., to any other members and this implies a direct
knowledge of another persons ability or lack of ability.
Member Compensation Details:
Prospective Members of KuleMail are required to first attempt their purchase
using a credit card. If the purchase fails an option to purchase via eCheck will be
In the event that a monthly payment option is declined for up to three (3) attempts,
failure to resolve the non-payment will cause a Members account to be cancelled.
All KuleMail services are subject to change without prior notice. Current prices
for all KuleMail products can be found on the KuleMail web site.
A Member may voluntarily terminate his/her Reseller status by clicking the “Cancel
Membership” link at the bottom of any page in the Members Only Site and following the
Voluntary termination is effective immediately when a Member follows through with the
cancellation procedure in the Members Only Site and is issued a “Cancellation
Code”. The code is to be kept on file by the cancelled Member and by KuleMail
as proof that the account was cancelled in case of future disputes or questions
related to billing.
A Member who voluntarily terminates his/her Membership may establish a new Membership
immediately as long as they retain the same sponsor for their new account.
A member wanting to establish an account with a new sponsor must wait three (3) months
from the date of voluntary termination before making a new Membership.
A Member may be suspended, terminated or have certain privileges revoked for violating the
terms and/or policies outlined by KuleMail. Any discipline applied to a Member
account is at the sole discretion of KuleMail.
Suspended Members may not represent him/herself as a KuleMail Reseller. All
access to the Members Only Site and automated marketing system will be denied. The
suspension period shall be no less than 15 days and the duration is at the discretion of
KuleMail only. Any commissions or bonuses due may be held by KuleMail
for the duration of the suspension and pending resolution of any issues relative to the
suspension. Suspensions take effect immediately upon notification of suspension being sent
Effect of Termination:
In the event that a Member is terminated by KuleMail for violation of the terms
and/or policies, effective as of the date of such termination, the Reseller can no longer
sell KuleMail products nor can they sponsor other new Resellers. The terminated
Reseller also loses all rights to future sales commissions, bonuses and access to the
Members Only Site.
KuleMail pays Member commissions via PayPal, AlertPay and e-Gold. It is incumbent
on the member to enter their payment details in their member profile area when joining in
order to be paid commissions. KuleMail will not chase a member who fails to enter
their payment details and a member risks losing their commission by not entering this
Commission Payment Schedule:
Member commissions are paid on the 1st and 15th of each month 15 days.
Amendments and Modifications:
KuleMail reserves the right to amend any KuleMail governing documents,
Policies, Procedures, Terms and Conditions, company web sites, etc. at any time, as the
Company in its sole discretion deems appropriate.
Changes are considered effective and binding on all Members as of the date of them being
presented live on the KuleMail web site. Member who continue to participate in
any KuleMail program, after such amended policies have been published and/or
after being notified by KuleMail or otherwise becoming aware of such amendments,
shall be deemed to have accepted and agreed to any such amended policies, terms and
No failure, delay or omission of KuleMail to exercise any right, power or
provision contained within the KuleMail Policies and Procedures shall constitute
a waiver of KuleMail right to demand exact compliance with all terms and
provisions contained within the KuleMail Terms and Conditions on future defaults
by any member.
In consideration for receiving KuleMail services and/or for participating in any
KuleMail programs such as the affiliate program or contests, each Member agrees
to indemnify and hold harmless KuleMail, its parent company JAM Marketing Inc.,
it's shareholders, general/limited partners, successors, employees, agents, attorneys,
officers and directors in any corporate or other business capacity from and against any
and all demands, liabilities, losses, costs, penalties, obligations, interest, damages and
expenses of whatever nature or kind, including without limitation attorneys fees
(including both outside and in-house counsel), and all other expenses, related to or
arising from participation in any KuleMail program.
This indemnity specifically extends to include without limitation any actions, results,
causes of action or allegations in connection with (i) any Resellers KuleMail
business and its affiliates activities as a KuleMail Reseller; (ii) any breach of
any terms, policies and conditions agreed to by the Reseller and/or contained in any
KuleMail Policies and Procedures, or; (iii) violation of any federal, state,
provincial and/or local law, statue, ordinance, rule or regulation.
All KuleMail Terms and Conditions and Policies, as well as all other KuleMail
governing documents, are hereby incorporated into a Members Membership with
KuleMail. These together constitute the entire agreement of KuleMail and
any Member regarding their business relationship, and supersedes and cancels all prior and
contemporaneous agreements, claims, representations and understandings, oral and/or
written, by or of the parties in connection with the subject matter hereof.
If, under any applicable and binding law or rule of any applicable jurisdiction, any
provision of these Terms and Conditions and Policies, or any specific standard or
operating procedure which KuleMail has prescribed, is held to be invalid or
unenforceable, KuleMail shall have the right to modify the invalid or
unenforceable provision, specification, standard or operating procedure or any portion
thereof to the extent required to be valid and enforceable. The parties shall be bound by
any such modification, and the modification will be effective only in the jurisdiction(s)
in which it is required. Notwithstanding any such modification, if any provision of the
KuleMail Terms and Conditions shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the remainder of the
KuleMail Terms and Conditions and Policies, and shall not affect the validity and
enforceability of any remaining provisions, nor shall it affect any other standard and
operating procedures which KuleMail has prescribed.
To the extent permitted by law, KuleMail shall not be liable for, and all Members
release KuleMail from and waive all claims concerning, any loss of profits, any
special or consequential damages, or any other losses incurred or suffered by any Reseller
and/or Subscriber as a result of: (a) the breach by the Reseller and/or Advertiser of the
terms and conditions specified in any KuleMail Terms and Conditions or Policies
and/or (b) the failure by a Reseller or Advertiser to provide any information or data
required by KuleMail to operate its business and/or to conform to applicable
laws; and/or (c) any incorrect or falsified information provided, intentionally or not, by
any Reseller, Advertiser, or by any agent or authorized representative of any such Member.
No Agency or Third-Party Beneficiary:
KuleMail is not the agent, fiduciary, trustee or other such representative of any
Member. Nothing expressed or mentioned in or implied from these Terms and Conditions is
intended to be construed to give to any person other than the parties hereto any legal or
equitable right, remedy or claim under or in respect to this Agreement. This Agreement and
all of the representations, warranties, covenants, conditions and provisions of these
KuleMail Terms and Conditions are intended to be and are for the sole and
exclusive benefit of KuleMail and the agreeing Member.
Jurisdiction and Applicable Laws:
The exclusive jurisdiction for any claim, controversy, lawsuit or resolution of any matter
relating to or arising under any KuleMail Terms and Conditions or Policies shall
be the state of New York. The laws of New York govern this Agreement and all of its terms
and conditions, without regard to any conflict of laws principles.
Except as noted herein, any dispute, controversy and/or claim arising out of or relating
to KuleMail, the KuleMail business opportunity, KuleMail
products , and/or any rights and obligations of a Member, or any other claims or causes of
action relating to the performance under these Agreements by either KuleMail or
any Member and/or a Members purchase of KuleMail products shall be submitted
exclusively before binding arbitration, with hearings to be held in New York City, or such
other location as KuleMail may designate in its sole discretion.
Each party to the arbitration shall be responsible for its own costs and expenses of
arbitration, including legal and filing fees. The decision of the arbitrator shall be
final and binding on the parties and may be reduced to judgment in any court of competent
jurisdiction. This agreement to arbitration shall survive any termination or expiration of
the Member Agreement. Notwithstanding the foregoing, the arbitrator shall have no
jurisdiction over disputes relating to the ownership, validity or registration or any mark
or other intellectual property, or any confidential or proprietary information belonging
to or held by KuleMail, without KuleMail prior written consent.
KuleMail may seek any applicable remedy in any appropriate forum with respect to
disputes and any money owed to KuleMail. In addition to monetary damages,
KuleMail may obtain injunctive relief in any appropriate jurisdiction against any
individual for any violation(s) of KuleMail Terms and Conditions and violation or
misuse of them and all governing documents of KuleMail.