Thank you for using The Berry Tree, Nutronix and AutomaticBuilder websites. AutomaticBuilder and Berry Tree Web sites (our "Site(s)") are services made available by Horizons Marketing Inc. ("we" or "us"). The following policies apply to websites owned and operated by Horizons Marketing (including, but not limited to AutomaticBuilder and The Berry Tree), and to the products of Nutronix International. Horizons Marketing, AutomaticBuilder, The Berry Tree and Nutronix International will be referred to collectively as “The Company”. You (referred to herein as "You" "Your(s)" or "User" or “you”) agree that Your use of such Services is at Your own risk. YOUR USE OF OUR SITE(S) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE OUR SITE. You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms of Use. If you are under 18, you may use our Site only with the involvement of a parent or guardian. Our Site is hosted in the United States but contains some general information that is appropriate for global access and use. We make no representation that all materials on the Site are appropriate or available for use in locations outside the U.S., and accessing them from territories where their contents are illegal is prohibited. Those who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside. We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys' fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited. No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to the materials. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other Web site or computer environment is expressly prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us. Copyright — The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission. Trademark — Horizons Marketing™, Automatic Builder™, The Berry Tree™, Nutronix International™, the logos, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of The Company, in the United States, or its affiliates or other companies under common ownership or control (the "Marks"). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited. All Nutronix International, AutomaticBuilder and Berry Tree literature, audiotapes, videotapes, Internet website material, and programs are copyrighted by The Company and may be duplicated only by obtaining the prior written consent of The Company. A Distributor may not, without the prior written approval of The Company, produce for sale, in personal or business use, any audio, video, or other recording of Company-sponsored events, speeches, or meetings. A Distributor may use the World Wide Web to promote The Company business by creating a personal website if they choose. A Distributor may also create promotional items such as business cards, advertisements, brochures, and the like to promote their personal business. Such promotional materials, websites and all other websites used by a Distributor must adhere to the following rules: 1) All Distributors’ websites and promotional materials are subject to review and approval by The Company Distributor Compliance Department.
2) A Distributor may not register or use any Company name(s), trademark(s), logo(s), or product name(s) in any URL address or Domain name, and The Company reserves the right, at its discretion, to reject, refuse, and withdraw a URL or Domain Name. Further, the website or promotional materials shall not contain any hyperlinks to websites of competitors or competitors’ products.
3) A Distributor’s website or promotional materials may display Company product information as long as the information and website are approved in advance by The Company Distributor Compliance Department. The product information shall not make prescriptive, disease, medicinal, or therapeutic claims.
4) A Distributor’s website or promotional materials may contain certain personal and opportunity testimonials as well as motivational information under the following rules: a) The material reflects the honest and balanced expression of the true experience of the provider of the testimonial or motivational information; b) The material does not represent that all people will have the same experience; and c) The material is accompanied by a disclaimer acceptable to The Company.
5) Product testimonials shall not be displayed on a Distributor’s website or on promotional materials without approval by the The Company Distributor Compliance Department.
6) A Distributor’s website or promotional materials may not contain claims that the products or programs are for sale in any country other than the country in which the products or programs have been approved by The Company.
7) A Distributor’s website or promotional materials shall not infringe on any third-party trademarks or copyrights. The Distributor agrees to indemnify and hold The Company, its affiliates, and subsidiary organizations and their directors, officers, employees, and agents harmless against any action or claim for infringement on a third party’s intellectual property rights arising from the website or promotional materials.
8) The Distributor may not use mass e-mailings (except to those on “opt-in” lists) or e-mail spamming to promote The Company opportunity or products. Distributors are encouraged to follow all Internet etiquette and to be good Internet citizens.
9) The Distributor agrees to comply with all local, regional, national and international laws when distributing materials through any electronic means (internet, phone, etc) or by distribution of any promotional materials. For example, the Distributor will not violate any littering or posting laws, rules or ordinances when distributing their promotional materials. We strictly forbid the use of flyers or posting signs as promotional materials as they are usually illegal, ineffective and a hazard to the environment. You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, independent Distributors and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or in any way related to: your acts or omissions in connection with the Site or other Offerings; the acts or omissions of any person in connection with the Site or other Offerings using your account; your purchase or use of the Site or other Offerings and the purchase or use of the Site or other Offerings by any person using your account; breach of any provision of this Agreement; any allegation that any materials submitted to us, transmitted to us or through the Site or other Offerings infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights. The Company does not allow cross sponsoring or cross promoting of products, goods, services and or marketing materials, including websites, sales aids, sales leads and or any promotional items without expressed written permission. Cross Sponsoring is defined as sponsoring or attempting to sponsor a member of our companies into another network marketing company, affiliate program or any other business opportunity; unless you are the persons sponsor in the BerryTree, Nutronix, and Automatic Builder.
Cross Promoting is defined as selling or attempting to sell products, goods, services, promotional tools, sales aids, marketing websites, leads, monthly newsletters or subscriptions to any member of any of our Companies; unless you are the persons sponsor in the BerryTree, Nutronix, and Automatic Builder. If you are not the persons sponsor you may not sell nor attempt to sell them any products, goods or services or attempt to recruit them in anyway.
The Company values the Bond of Sponsorship and will protect its members and the integrity of the Sponsor Relationship. Sponsors have gone to great expense, of time and money, to recruit and build relationships with their enrolled members. The penalty for cross sponsoring and or cross promotion is termination. Horizons Marketing has the exclusive marketing rights for Nutronix, AutomaticBuilder and The Berry Tree. This includes, but is not limited to, products, goods, services, promotional tools, sales aids, marketing websites, leads, monthly newsletters or subscriptions to any Nutronix, AutomaticBuilder and Berry Tree members. Any sales or offers made without payment of licensing fees and the express written consent of Horizons Marketing is a direct violation of our Marketing Rights and agreements.
All Distributors must follow Company Procedures for marketing sales aids and promotional materials to any BerryTree, Nutronix, and/or AutomaticBuilder (BNA) members.
This includes but is not limited to, Marketing websites, splash pages, autoresponders etc.
1. You must be at least a 2 Star in the Nutronix compensation plan.
2. You must first request the required licensing application from Horizons Marketing.
3. You must submit a written proposal to BNA outlining the ideas for your project.
4. Prior to selling or offering any promotional materials, All of your marketing materials must be submitted for review by our legal offices, at your costs. Any and all changes to your product, including web design and content, emails, audios, or videos made by your company must be reviewed prior to publishing any marketing materials. Our attorney fees are based upon their hourly rate of $450.00 per hour.
5. You must receive written approval from BNA before publishing or offering your system.
We reserve the right, in our sole discretion, to change these Terms of Use at any time. Updated versions of the Terms of Use will be posted here on our Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms of Use have changed. Continued use of the Site after any changes to the Terms of Use constitutes your consent to such changes. Last Updated: 11/23/07
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