Tersano lotus® HOME Web Services Agreement

I have subscribed to and wish to create a Tersano Independent Distributor Personal Marketing Web Site (“PMW”). I understand and agree that Tersano International SRL ("Tersano") owns the PMW service, and that Tersano is providing me access to this web site to promote my independent Tersano business. I agree to use my PMW in accordance with the terms and conditions established by Tersano and as set forth in the Statement of Privileges and Responsibilities of Tersano Family Members (“R&R”), as amended from time to time. The R&R is located in the My Tersano business library.  To view the R&R, click on the following link: Statement of Privileges and Responsibilities of Tersano Family Members.

 I agree to use my PMW only for my Tersano business and not for any other purpose.  Other than the prices that are recommended by Tersano for Members and retail customers (Suggested Retail Price) and designated on my web site, I agree not to advertise, or otherwise list or refer to, the price of any Tersano products on my PMW. 

I agree to identify myself or my business name on the header of the home page of my PMW.  I understand that in submitting a PMW name that if I have not registered with Tersano as an Independent Distributor, I risk losing that name to a party who registers the name with Tersano as a business name.

 I understand it is my sole responsibility to ensure that any and all claims made for Tersano products or the Tersano Compensation Plan on my PMW are consistent with the claims set forth in the R&R and current Tersano literature. 

 I agree I will indemnify and hold Tersano harmless from any claims, liabilities and expenses, including attorneys ' fees, as a result of any third party claim or demand arising from any product or earnings claim I make which is not taken from a current product label or a current, authorized Tersano publication. 

I understand that I will have thirty (30) days after Tersano makes a change in its literature or issues any new literature to update my web site. If I do not comply with any of the Tersano terms and conditions relating to my PMW, Tersano shall have the right to remove my PMW. The cost of the PMW account is non-refundable. However, because this service can only be purchased through an online transaction, there may be an occasional technical malfunction that could create multiple and/or unintentional fees or accounts. In such cases, the cost of any additional accounts will be refunded in full within thirty (30) days of my notifying Tersano of such error by email to support@tersano.com. Thereafter, I can cancel the PMW monthly web services at any time by using my online account or by email to support@tersano.com. Monthly subscription fees are non-refundable, and each PMW account must be cancelled separately.

No other warranties
Tersano disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, with respect to the PMW. This limited warranty gives me specific legal rights. I may have others, which vary from state to state.

 
No liability for consequential damages 
Tersano shall not be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use of or inability to use the PMW web site, even if Tersano has been advised of the possibility of such damages.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to me. This Agreement constitutes the entire agreement between Tersano and me relating to the PMW, superseding all prior written or oral agreements between us and may only be amended by a written instrument agreed and executed by both Tersano and me.

Internet Policy
The purpose of the Tersano Internet policy is to encourage responsible and professional use of electronic communications over the Internet, to maintain a level playing field for all Tersano Independent Distributors, and to ensure compliance with regulatory requirements. Although there are additional provisions in the R&R that apply to conducting business on the Internet, such as making unauthorized claims for Tersano products, the following provisions also apply specifically to the Internet: 

Personal Web Site Service

• Do not use any term or mark in a PMW site name that may cause the public to believe your web site is owned by Tersano Corporation or any of its subsidiaries or divisions. 
• Display either your name, or your general partnership or corporate distributorship name on the top line of your PMW.  This avoids the impression that a Tersano.net PMW is a Tersano corporate site.  (Independent Distributorship names must not imply the distributorship is owned or controlled by Tersano Corporation, e.g., “Order Online” would not be a proper distributorship name.)
• Do not make any unauthorized claim on a PMW that Tersano products sanitize or disinfect, unless you use a claim verbatim from official Tersano web pages or literature. Do not link your PMW to another website that makes such claims.  
• Tersano Independent Distributors may not make exaggerated or misleading compensation claims on a PMW. 
• Tersano Independent Distributors may not use a PMW for any business other than their Tersano business. 
• Tersano Independent Distributors can link to other sites from their PMW if the linked destination does not contain the “Tersano” trade name, Tersano product names, Tersano logos, photos of Tersano products that clearly display Tersano product labels, or other Tersano trademarks, unless the site is password protected, utilizing a password that cannot be determined by those entering the site unless they have been personally invited.   
• Tersano Independent Distributors may not advertise, list, or refer to the price of Tersano products on their PMW with the exception of the Suggested Retail Price with enrollment as a Member.   
• Tersano Independent Distributors may not include enticements such as “free membership with purchase,” “free shipping” or “specials” on a PMW, with the exception of special offers provided by Tersano Corporation.   
• Tersano Independent Distributors may not offer “product discounts” of their own specifications on a PMW, with the exception of promotional offers and program provided by Tersano Corporation and published on the PMW. 
• Tersano Independent Distributors may not integrate a PMW within another web page or URL that contains trademarked terms in any manner whatsoever.
• Tersano reserves the right to suspend or remove any PMW that breaches Internet policies set forth in this agreement and/or the Tersano R&R  Appeals may be addressed to Field Administration via support@Tersano.com.

Non-Tersano Web sites or Blogs

• DISTRIBUTORS MAY NOT USE TERSANO TRADEMARKS, INCLUDING THE “TERSANO” TRADE NAME, TERSANO LOGOS, AND TERSANO PRODUCT NAMES WITHIN A NON-TERSANO WEB SITE WITHOUT WRITTEN CONSENT.
• Tersano Independent Distributors are responsible for the content of the independent site, and may not link from a PMW to a non-Tersano site on which claims are made for chemical-free or green cleaning, or on which products competing with Tersano’s are sold.
• Tersano Independent Distributors may not promote a non-Tersano product on any website that also promotes Tersano products or the Tersano Opportunity.  
• Tersano Independent Distributors may not use any language on their non-Tersano website that implies, either directly or indirectly, that Tersano products can be used to sanitize or disinfect unless they use a claim verbatim from official Tersano web pages or literature.
• Tersano Independent Distributors may not advertise, list, or refer to the price of Tersano products on any page of their non-Tersano website accessible to the public. 
• Tersano Independent Distributors may link their non-Tersano web site to their PMW if they do not display the “Tersano” trade name, product names, Tersano logos, photos of Tersano products, or other trademarks on their non-Tersano site, unless that site is password protected as described above and the trademark appears on a page that is password protected. 
• Tersano Independent Distributors may not use enticements such as “free membership,” “free shipping,” and other offers on any page of their non-Tersano website accessible to the public.   Search Engine Advertising
• Tersano Distributors may not use wording on a search engine listing that would lead the viewer to believe the site listed is owned or operated by Tersano Corporation. For example, “Order Online” would not be acceptable, but “Tersano Dist. – Order Online” is acceptable. 
• Tersano Independent Distributors may not use Tersano trademarks (Tersano product names, logos, product photos, etc.) other than the name “Tersano Distributor” in a search engine listing or message.
• Tersano Independent Distributors may not use any prices or pricing terms, including free or discounted product and other offers (for example, “free membership,” “free shipping,” “50% discount, etc.), in a search engine listing.  A Distributor may state “Become a Tersano Distributor and receive 15%-30% discount.”  A Distributor’s search engine ad* may refer to special offers from Tersano as applicable exclusively to Tersano Independent Distributors, without using pricing.  For example, “special offer from Tersano” would be appropriate so long as you identify yourself as a Tersano Distributor. 
• Do not use an outside online payment system, such as PayPal, without written consent in advance by Tersano. Please contact support@tersano.com for more information.
• Tersano Distributors may not make any claims in a search engine listing that Tersano products sanitize or disinfect.  This includes domain names for non-Tersano sites; for example, “www.sanitizebetter.com” would not be acceptable. 
• Tersano Distributors may not advertise any other company, organization or product on a listing that links to a PMW. 

Other Web Policies 

• Tersano Independent Distributors may not use the “Tersano” trade name, Tersano product names and trademarks or product photos in online auction sites, e.g., eBay, banner ads, online classified postings or publicly-accessible online message boards.  Nor may Tersano Independent Distributors sell Tersano products from such online auction sites. 
• Tersano Independent Distributors may not use the “Tersano” trade name, Tersano product names, or trademarks within personal e-mail addresses.
• Tersano Independent Distributors may not sell or facilitate the sale of any web sites or pages that include the Tersano name, product names, or other trademarks. 
• Tersano Independent Distributors may not send unsolicited e-mails (spam) to any person(s) with whom they have no prior relationship.
• Tersano Independent Distributors may not use PMW e-mail address forwarding to promote any other company’s products or opportunity, including facilitating messages from outside vendors via the PMW contact web page form.
• Product Order Fraud Warning: Tersano Independent Distributors' Personal Web Sites are available to the public via the internet, and it is important for Distributors to be vigilant regarding fraudulent product orders made through e-mail or phone contacts from your Personal Marketing Web Site, or other on-line advertisements. Beware of product orders requested by an unknown retail customer seeking shipment to a one-time address that bear any of these warning signs of fraud:
• A very large order or one that includes multiple higher priced items;
• A Ship-to address that is outside of the U.S.
  (Reminder: Tersano does not ship outside of the U.S.)
• Customer insists upon overnight shipment with no concern for the cost;
• Customer provides multiple bankcard numbers or a bankcard in a name other than his own; For direct orders, Tersano will not accept third party credit cards as payment; the credit card name must match either the member name or the ship-to recipient name. For any concerns you may have about an order or payment method, please contact Tersano before finalizing the order.  When in doubt, consider taking these additional steps: (1) ship a large product order only after payment has cleared your bank (an initial credit card approval can later be reversed if the credit card number has been stolen, so allow several days for a transaction to clear); and (2) set up a new bank account to receive a direct payment for a large order rather than give your personal account information to someone you do not know.  Neither Tersano nor the credit card company will be responsible for any fraudulent orders you accept.  You will be solely responsible for all losses sustained.    For any issues regarding lack of compliance with these guidelines, send an e-mail to support@tersano.com.