For All Kosoma LLC/OIO PRO Reps and Affiliates (including index trading students and affiliates and all marketers of ANY of Kosoma's products or services).
You understand that any set-up fees are a one time occurrence, and that they are nonrefundable, and non-commissionable, and that you do not earn commissions for the act of recruiting reps. and that commissions are only earned from the sales of products and services. Also, you understand that a 30 day notice (other than what is stated below) must be given to cancel this agreement, and that no refunds for recurring fees will be issued due to the digital nature of our products.
This Rep Agreement will be governed by the laws of the state of Oklahoma. Your completing this transaction and indicating your agreement to these terms will constitute a legal agreement, the same as if you had signed a written document. Any fraudulent attempt to sign for another party, except where permissible by law (as in the case of a spouse) will terminate this agreement, and possible legal actions will be taken.
Relationship of Parties
You (all Reps & Members) are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
You also understand that you are an independent business person that is responsible for their own taxes, and that Reps who live in the USA will be issued an IRS Form 1099 for Miscellaneous income.
Rep (YOU) agrees that they will not use SPAM in any way to promote the OIO Pro opportunity and/or web site, or any of Kosoma LLC's sites, products or services..
Kosoma LLC has a ZERO tolerance for Spam. All Spam complaints are taken seriously. Spam is considered an unethical form of Internet advertising and is becoming illegal in more and more states.
In addition Spamming can incur substantial monetary fines from any of the providers through which Spam is directed because of the time, resources and expense it can incur for business. Spam is a negative form of advertising that really does not work anyway, so why waste your time!
An email is SPAM if it has been sent to any person who did not request it from you. You must not send Spam via our services or send Spam that in any way implicates our services by including the www.oiopro.net and/or ww.oiopro.com domains or any other web site associate with Kosoma LLC. This includes mentioning an OIO Pro email address or URL in any bulk email message. (except for legitimate Opt-In services)
If you willfully violate our Spam Policy you will:
* Have your OIO Pro web sites terminated immediately without notice, or refund.
* Forfeit all commissions due if any.
* Have your entire lead database deleted from our system.
* Be immediately reported to your ISP provider and any or all of the companies of the business opportunity programs you are representing.
* Be reported to additional authorities to take action against you such as Spam Cops.
* Be permanently banned from ALL OIO Pro programs.
Should OIO Pro's service or any of Kosoma LLC's web sites be disrupted in anyway due to spamming, the responsible party will be charged and billed $450.00 per hour until service is restored. Applicant may also be subject to legal action if appropriate.
If you have been spammed, please notify
What Is Spam?
Spam is the sending of unsolicited and unauthorized e-mails or online communications such as but not limited to bulletin boards, usergroups or instant messaging services to individuals or businesses who do not know you personally. And who have not agreed or requested to receive your emails. Or have not provided their email address directly to the sender. Or an email sent to a recipient who would not have a reasonable expectation of receiving email from the sender. Spam can be a single email or a bulk mailing.
Posting messages to Usenet or News Group groups that explicitly forbid the posting of commercial solicitations or solicitations not pertaining to their content is Spam.
Buying a list of emails from a third party and individually or bulk emailing them is considered Spam.
Opt-out lists where a person is required to request removal from a mailing list in order to prevent solicitation is Spam.
Hiring a company that is mailing out to a list of people with your opportunity that did not specifically request to receive your information beforehand is considered Spam.
Emailing through a legitimate Opt-in list provider is NOT considered Spam.
Check the members-only web site for a list of Opt-In Email companies that you might want to try. Just Make Sure That any list you use is OPT-IN and not addresses gathered from Web pages. If you are unsure - ASK! Ask the provider how they accumulated the list, and how long they have been in business. If they have a HUGE list, and have only been in business a short while - you can bet it is a SPAM list. It took us over 4 years to develop a list of over 10,000. Be Careful!
Promoting OIO Pro on FFA (Free For All) sites is NOT allowed.
FFA sites (Free For All) sites and similar programs have a HIGH RISK of generating Spam complaints because of the nature of those types of programs. Advertising on FFA sites is not permitted for promoting any Kosoma LLC, or OIO Pro web site, related web site and/or services. Any complaints generated from advertising with FFA programs will be treated as Spam.
Disclaimer of Warranties, Limitation of Liabilities, Indemnification
Kosoma LLC or OIOPRO.com does NOT warrant that the OIO Pro web sites and related web sites and/or services will be error free or uninterrupted and we will not be liable for the consequences of any interruptions or errors.
The OIO Pro web site and service is distributed on an "as is" basis without warranties of any kind, either expressed or implied. Kosoma LLC will not be responsible for ANY damages, losses or costs that you and/or your business may suffer when using the OIO Pro web sites and related web sites and/or services. You expressly agree to indemnify and hold harmless Kosoma LLC from ANY claims resulting from your use of the OIO Pro web sites and related web sites and/or services. You expressly agree that use of the OIO Pro web sites and related web sites and/or services is at your sole risk and you understand such risks are an inherent part of business.
You expressly agree that neither Kosoma LLC nor it service providers, affiliates, licensers, employees and/or contractors shall have ANY liability for ANY damages suffered by you, your business or ANY other 3rd party as a result of the use or misuse of the OIO Pro web sites and related web sites and/or services.
Responsibility of Content
Kosoma LLC exercises limited control over the content, information and data passing through its Service. Rep web pages, if any will not be allowed to contain any type of Adult material, or anything that could be considered pornography, or biased against a particular religion, race, or nation.
Affiliates business opportunity links on the Rep web sites or email may lead to sites maintained by individuals or organizations other than Kosoma LLC over whom Kosoma LLC has no control. However, no links shall be allowed to any of the above mentioned Adult, or prejudice type sites.
Kosoma LLC makes no representations whatsoever about any other website which you may access through the Service. When you access a non-OIO Pro\Kosoma LLC web site, please understand that it is independent from Kosoma LLC, and that Kosoma LLC has no control over the content on that website.
In addition, a link to a non-OIO Pro website does not mean that Kosoma LLC recommends, endorses, or accepts any responsibility for the content or the use of such website or opportunity.
Anyone who uses foul, rude, or vulgar language via email or website will be removed from the OIO PRO program and No Refund will apply. This includes any type of threat or accusation against Kosoma LLC, OIO PRO, and or it's representatives or employees. This will Not be tolerated. Do Not under any circumstances use this unacceptable type of wording or language to avoid this problem. If the above mentioned language is found, proof will be saved and your OIO PRO web site will be taken down immediately.
Public or private comments that disparage Kosoma, its personnel, programs, policies and/or departments, or that cause damage to Kosoma’s reputation shall be grounds for dismisal, and legal action against such may be initiated by Kosoma LLC. As an affiliate or student you agree not to engage in any such conduct.
Any Testimonials given by affiliates or visitors will become the property of Kosoma LLC. If you don't wish to give the rights to your comments to us, please don't make them or offer testimonials in writing or in audio or any other form.
It is the accepted practice of OIO Pro to assign a new member to the first person who contacted him/her about any related products or services. However, the relationship as to who referred the new member will be determined by the first completed sale and membership application and agreement.
In the event of the death of a Rep or Member, all commissions due the member will be paid according to his/he Last Will and Testament or, if there is no Will, in accordance with the law of descent and distribution. Additionally, the Reps surviving spouse, if actively involved in the OIO Pro business at that time, will have the option to continue to manage the organization and to continue to receive commissions and bonuses on new business.
A Rep or Member may at some point in time decide to sell his/her organization to another Member or Rep. The sale of an organization is permissible provided OIO Pro is notified of the sale, effective date of the sale, and is provided a new tax identification number to which income is reported and the appropriate fees are paid. A Rep or Member may not sell their his/her organization in the first 12 months he/she is a Rep or Member.
If it is determined that a member has violated the terms of this contract in any way, their site will be deleted and any and all commissions future or present will be forfeited by member, or those who may have purchased or been assigned the members position or organization. The terminated member will no longer be allowed to use ANY Kosoma LLC services, sites, products, or support (including phone support, members calls, email support, written support or any other form of support Kosoma LLC may offer or provide its active members).
We may modify any of the terms and conditions contained in this Agreement, at ANY time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. If any modification is unacceptable to you, or If you are dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of Kosoma LLC/OIO Pro in operating the service, your only recourse is to terminate this agreement by canceling your service. Your continued participation in the program following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement constitutes the entire agreement between Kosoma LLC and You pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled (other than the Day Trading Enrollment agreement which shall remain as part of this agreement). Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of OIO Pro’s service constitutes acceptance of these Terms and Conditions.
Rep's Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
You also realize that there is no guarantee of Any amount of income and that your success will be commensurate with the amount of work you put into your OIO PRO business, and the techniques that you put into practice.
NONDISCLOSURE AGREEMENT (INDEPENDENT CONTRACTOR)
In connection with my services rendered to Kosoma LLC, OIO PRO (the "Disclosor"), I agree to the following:
1. CONFIDENTIAL INFORMATION
I understand that my work will involve access to, and creation of, trade secrets, confidential information, and proprietary information that may belong to the Disclosor, its customers or its business affiliates (collectively referred to as "Confidential Information"). Confidential Information means information, ideas and material concerning the Disclosor and its employees, consultants, customers and affiliates that are not generally known to the public. Confidential Information may be technical information or business information. It may include methods of doing business, product and business plans, costs and unpublished financial information, research and development results, software design and specifications, source and object code, advertising revenues, marketing plans, Web site visitors and usage rates, customers, business affiliates or other sensitive business information. This also includes any and all information covered in any of Kosoma LLC, or OIO PRO eBooks, courses, or other info products.
I agree to keep all Confidential Information in trust for the benefit of the Disclosor. I will never use or disclose any Confidential Information except as required by my duties for the Disclosor. I understand that I may not discuss Confidential Information, even in general terms, with persons outside the Disclosor. This prohibition will still be in effect after termination of my relationship with the Disclosor.
2. PROPRIETARY INFORMATION OF OTHERS
I will not breach any agreements to keep information in confidence or to refrain from using any confidential information of former contractors or employers. I will not use any such information in my work for the Disclosor without written authorization from the Disclosor and such other party. I will not post any of this information on bulletin boards or in chat rooms, on a web site or in articles, or anywhere non-members and/or persons not entitled to such information might find it.
3. RETURN OF INFORMATION
On termination of my services for the Disclosor, or at any time upon the Disclosor’s request, I will deliver immediately to the Disclosor all property belonging to the Disclosor and all material containing Confidential Information, including all copies in my possession or control, whether or not prepared by me.
I agree that the unauthorized use or disclosure of Confidential Information will cause irreparable harm and significant injury to the Disclosor that may be difficult to ascertain. I agree that the Disclosor shall have the right to seek immediate injunctive relief to enjoin any breach of this Agreement.
In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.
The validity, construction, venue and performance of this Agreement shall be governed by the laws of the State of Oklahoma as if entered into and fully performed entirely within such state. Each party agrees consents to venue and personal jurisdiction in Oklahoma.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT.
I UNDERSTAND THAT I HAVE THE RIGHT TO CONSULT AN ATTORNEY OF MY OWN CHOICE
TO ADVISE ME OF MY RIGHTS UNDER THIS AGREEMENT. BY SETTING UP MY AFFILIATE
SITE I AGREE TO BE BOUND BY ALL OF ITS TERMS.
By clicking on the "Accept" button and using the OIO Pro services you indicate your acceptance of this agreement and its terms and conditions. If you do not agree to all of the terms and conditions of this agreement, then you will not be able to be part of Kosoma LLC or OIO Pro.
If You have any questions concerning this Agreement please contact us at: