This General Membership Agreement (“Membership Agreement” or “Agreement”) between you or the legal not for profit entity/charity you represent (“You” “Your” or “Member(s)”) and us (“10pays.com”, “10pays”, “We”, “Us” or “Our”) sets out the terms and conditions of your valid membership in 10pays.com. If You do not agree with all the terms and conditions (individually and in their entirety) of this Membership Agreement, then 10pays is unwilling to offer You membership in 10pays or use of any of Our proprietary software. Clicking on the “I Accept” button on the Registration Page indicates You have read, understand and accept all 10pays.com terms and conditions in their entirety.

Please read the following 10pays.com Membership Agreement in it’s totality and review Our Privacy, Spam and Group Building policies before proceeding to become a 10pay’s member. 10pays reserves the right to modify these terms and conditions from time to time as 10pays, in Our sole discretion, sees fit. In such an event, 10pays will endeavor to notify all Members by email and/or through Our message center advising when such changes are to become effective. All Members agree their continued use of the proprietary 10pays ad-serving and group building software services constitutes their acceptance of the updated Membership Agreement terms and conditions. All Members are solely responsible for keeping their contact information (i.e. email and physical address) current and We accept no responsibility for correspondence that is undeliverable or for equipment failure of any type. Should any Member disagree with any updates or changes in the Membership Agreement, their sole remedy shall be the termination of their membership with 10pays. Said Member shall then hold 10pays.com and all associated partners and associated companies harmless for any loss income caused by the termination of Member’s Membership Agreement.

Play Fair:

10pays maintains a zero tolerance policy regarding any Member sending unauthorized email (Spam), or engaging in any illegal, fraudulent or unauthorized activity. This zero tolerance policy extends not only to a Member’s dealings with 10pays but also to any activities associated with Our affiliated companies and sponsors. We maintain that such behavior is detrimental to all parties concerned. Any Member caught trying to cheat or misuse the system through any means may be immediately terminated and all referrals and monies acquired by said Member will be forfeited. In addition, said Member may not be allowed to rejoin 10pays. It is agreed and understood that 10pays shall have the right to terminate any Member for any reason and without explanation if We believe the Member is acting in a manner that is detrimental to either the 10pays membership community (as a whole or any portion thereof), 10pays.com or any parent company, any advertiser or sponsor and/or any affiliated companies We are associated with. All Members understand and agree that such decisions are exclusively the right of 10pays.com and all Members agree to hold 10pays.com and associated partners harmless in the event of said Member’s termination.

Who Can Join?

Age Requirements:

In accordance with the US Children’s Online Privacy Protection Act (COPPA) and since We require a Member Survey to be completed for each potential new Member, all new Members must be at least 18 years of age upon date of 10pays Membership Registration. Additionally, if You are a resident of Japan, You must have reached age 20 years to join 10pays.

A Special Note about Children: 10pays is concerned about the privacy of children and does not knowing accept children under the age of 18 (20 in Japan) to become Members. If your child has inadvertently become a member please contact Us through the “Contact Us” link on the Home page.

Country Requirements:

Since 10pays.com is a domestic company incorporated within the United States We must adhere to US Governmental policies regarding which countries We are allowed to operate in and accept members from. Therefore, at this time, residents of the following countries are not allowed to become Members and/or participate in any manner in the 10pays program: The Balkans, Cuba, Iraq, Iran, North Korea, Syria, Sudan, Burma (Myanmar), Zimbabwe

In addition to the above, all individuals (and organizations, charitable or otherwise) that are listed on the US Government’s Office of Foreign Asset Control’s Specially Designated Nationals (SDN) and/or Blocked Persons list are ineligible to participate in any manner in the 10pays program regardless of what country they are living in or have residency from.

Individuals and Non-Profit/Charitable Organizations:

In order to join and maintain a Membership in 10pays, You must be an individual who is signing up for a personal membership and/or You are the responsible person for setting up a Membership for a not-for profit organization or charity.

Basic Requirements:

One account per member:

You may sign up only once and only maintain one Membership.

You may not share an account with anyone else.

You may have more than one account per computer... Actually, as many individuals who qualify may use the same computer but only one at a time and only one ad-bar (Banner Bar) may be running at any one time.

You may install Our software on more than one computer should You personally use each computer. For example, You are allowed to download Our software for Your personal use on a home computer as well as a portable laptop or similar. Additionally, You may, if Your employer approves, download Our software on Your employer’s computer system.

** Caution**  While 10pays has no objection to You using Our software at Your place of business, many employers do not want software other than their own being used on their systems and additionally many employers do not want their employees using Our software on “company time”... Therefore, We strongly recommend that You Do Not download Our software without the express (and preferably written) approval of Your employer... Furthermore, all the terms and conditions of this General Agreement including but not limited to the compatibility issues, liability and warrantee concerns are in full force whether You own the computer system You download Our software on or not. Therefore any damages caused by Your downloading and/or use of Our software is Your sole responsibility.

A Not-for-profit (non-profit) organization or charity may sign up once for each location that has it’s own branch of operations and a separate tax identification number indicating it is a not-for-profit organization/charity .... The administrator (or properly designated employee/volunteer) of the program for the non-profit/charity will be allowed to set up a Membership for the organization as well as an individual Membership for themselves. Memberships must be used in the locale of each organization. 10pays.com reserves the right to reject or cancel the membership of any organization for whatever and/or no reason in Our sole discretion as undesirable to Our membership community as a whole. Example: We will reject any organization We believe promotes violence, militant or extremist views and/or is demeaning to any other class and/or nationality of people and/or promotes illegal activities.

Provide Accurate Information:

You must provide 10pays with valid contact and residence information and may not impersonate or misrepresent Your identity. 10pays reserves it’s right to terminate Your account or the account of the non-profit/charity that You represent if information on the Registration is deemed in Our opinion to be untruthful. Additionally, all Members must update their personal information promptly if it changes and/or should We request such action.

Membership Registration and Survey:

In order to provide You with the best advertising experience based on Your interests and to provide sponsors with a better idea of the overall demographics of the 10pays community, all prospective members must complete a Membership Registration and a Member’s Survey. It is imperative that all Member’s provide accurate information and keep that information up to date as that is the basis of creating a valid composite of the 10pays membership community... Don’t worry, We will never allow any of Your personal information to be used in any manner by the advertisers. The only information advertisers will be entitled to, will be how many members We have that fit within a certain demographic area they are interested in sending messages to. We then will control the types of messages You receive with the hope of providing only messages You might be interested in according to the interests You listed on Your Member’s Survey.

As current and accurate demographic information regarding the 10pays communitiy as a whole (in the aggregate) is essential for the recruitment and retention of advertising sponsors, You understand and expressly agree to update Your Membership Survey at any time We request such action. Furthermore, You understand and expressly agree that failure to update Your Membership Survey can result in suspension of Our service(s) and accompanying point accumulation (necessary for compensation) and/or termination of Your Membership in Our sole descrtion.

Download the Banner Bar and Group Building Software:

You must download and install Our proprietary ad-serving software (“Banner Bar”) and Group Building referral software in order to participate in the service which includes among other things, delivering advertisements and electronic commerce opportunities to 10pays community members. In order to subscribe to the Banner Bar ad-serving service and to receive a revocable software license, You must agree to all terms and conditions of this Agreement.

Activity Clause:

In order to receive points which are transferrable into compensation, You must use Our services including actively surfing the internet while Our Banner Bar ad-serving software is active and/or responding to Our promotions and/or messages. Simply turning on the Banner Bar ad-serving software on Your computer and then not actively surfing will not accrue any time or points for Your account. Our software has built-in tracking capability that “knows” when You are actively using Your system. You may, at any time, look at the Banner Bar on Your screen and check the activity indicator to verify that Your activity is being counted towards points and compensation.

* any attempt at falsifying or using any sort of cheat software to attempt to generate higher time periods of activity will be grounds for immediate termination without notice upon detection*

Updating Your Information:

To update Your contact or address information, please use the account information link in the “Members Zone ” area. For Your protection, this area requires Your password for admittance.

Accounts Are Not Transferable:

Your password and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account; You may not use anyone else’s password or account or act in any manner to accrue earnings for anyone else’s account.

The only exception to the above is if a change of administrator is desired for a non-profit/charity. This may be accomplished by contacting Member Services.

Your Account, Password and Security:

You are solely responsible for any and all activities which occur under Your account name and password. You are also entirely responsible for the maintenance and confidentiality or Your account and password. Great care should be taken to make sure You ‘log off’ any computer equipment that is shared. 10pays cannot guarantee security but reasonable precautions are taken in an effort to maintain security on the system. If You think security has been breached, You agree to notify 10pays immediately via Our Contact Us page.

Local, National, and International Legal Compliance:

All Members agree to comply with all local, state, providence, country, and international laws that may be applicable to Your use of the internet, 10pays.com and/or any of Our affiliated companies and sponsors. In addition, as 10pays.com is a United States based company, if You reside in any country or territory to which the United States has laws and/or regulations that prohibit Your membership in 10pays or any of Our affiliated companies, We are unable to offer You Membership.

If You reside in any location that has laws, rules, ordinances or similar that prohibits You from participating in all or in part of any of the promotions offered by 10pays.com and/or any of Our advertisers, You are solely responsible for complying with said regulations in Your area. You understand and agree to hold 10pays.com and any of Our affiliates and/or sponsors (advertisers) harmless in all cases.

What are my tax obligations?

Taxes:

All Members are solely responsible for the reporting and payment of any taxes and/or fees that are required by their respective countries. 10pays, Our affiliated companies and/or outside servicing providers (or auditors) may require You provide additional tax identification information should the tax authorities in Your country require 10pays and/or Our affiliated companies or service providers to provide them with statistical information regarding Your earnings and/or prize winnings. All Members agree that failure to provide such information could result in said earnings or prize winnings being withheld until the tax information is provided.

Special Note to Australian Members:

For purposes of tax law adopted in Australia, if You are a resident of Australia and Your member activities are not made in the course of an activity done as a private recreational pursuit or hobby, payments made to You would be subject to Australian withholding tax. You agree that Your activities as a member of 10pays.com shall be made only in the course of an activity done as a private recreational pursuit or hobby. If Your member activities are not done as a private recreational pursuit or hobby, then You may not become or remain a Member of 10pays.com nor may You use any of Our services.

Special Note to Swedish Members:

If You are a resident of Sweden, You agree that You shall assume any and all obligations with regard to the payment of social security contributions in Sweden, if applicable, as a result of any income earned by You from 10pays.com or any of Our affiliated companies. Such payment must be paid by You. You agree that You shall state in Your tax return each year that there is a reverse parity agreement between You and 10pays in accordance with Swedish law.

Special Note to United State’s Members:

10pays.com is a U.S. domestic company and, as such, adheres to U.S. tax reporting requirements. If You are a citizen of the United States and subject to U.S. tax laws, We may required You to report to Us Your social security number depending upon the amount of Your accumulated earnings. You understand and agree that such request is reasonable and will provide any information requested within a 30 day period. You further understand and agree that failure to comply with Our request(s) may result in suspension of Your account and withholding of any compensation payments due to You.

What if I want to cancel my membership?

No Obligation, Cancel Any Time:

Membership in 10pays is voluntary and as such You may cancel at any time for any or no reason. Simply contact us via Your Member Zone area and select the “Cancel Membership” link. For Your protection You will need Your password to complete this process. Once cancelled, You will no longer receive email updates and messages from 10pays. This termination of email delivery may take a few days to take effect. Once Your account is cancelled, Your personal data will be destroyed with the exception of any tax reporting requirements and/or any legal requirements We reasonably feel are necessary to preserve.

You may not terminate the delivery of email messages to Your account without cancelling Your entire Membership as it is one of the conditions of Membership.

*Important*

To prevent unwanted cancellation of Your 10pays Membership, please do not divulge Your password to anyone at anytime.

If You decide to cancel Your Membership and later wish to re-enroll, You will need a new registration number/name and will start the process as a new member. You will not receive any credit for referrals made using Your previous account.

For what reasons would you terminate my membership?

Termination of Accounts:

To the full extent allowed by applicable law, 10pays.com at it’s sole discretion and for any or no reason may refuse to accept applications for membership and may terminate any Member’s account and Membership without prior notice for good cause, particularly including, but not limited to:

#1. Any violation of this Member Agreement

#2. Aiding in the development, distribution or usage of any system (cheat) to simulate “surfing” activity on a Member’s account.

#3. Aiding in the development, distribution or usage of any system (cheat) which is designed to circumvent or block the visibility of the ad-serving browser (Banner Bar).

#4. Acting in any manner against the business interests or reputation of 10pays

#5. Performing any type of click fraud against the business interests of any of 10pays sponsors and/or marketing partners

#6. Engaging in any unlawful or illegal manner with respect to Your relationship to 10pays including holding yourself out to be a representative of 10pays without written authorization to do so.

#7. Any material breach of Our Spam Policy

#8. If it is determined that Membership in 10pays is not allowed in the country or regional area where You reside and/or Your Membership is transferred to such an area.

#9. If 10pays.com makes the decision, in Our sole discretion, to terminate all membership accounts from any country and/or region based on any and/or no reason. It is further understood and expressly agreed that You and any/or all members so affected by a cancellation in this manner shall hold 10pays.com and all Our associates completely harmless.

#10. Any other reason at the discretion of 10pays.com management.

** If your account is terminated by 10pays.com for any reason, any and all points or amounts due to You shall be forfeited and You may not re-enroll or join under a new account unless formally invited to do so by an authorized representative of 10pays.com.

Lapsing of Account:

In addition to the voluntary and involuntary closing of the Member’s account explained above, Members who have not actively used Our Banner Bar ad-serving window for at least one hour within any continuous six (6) month period may have their Membership automatically terminated without notice and any points accrued in the account that did not meet the minimum Payment Threshold will be deemed to be “unearned” and forfeited along with all Direct and Extended Referrals. Any Member who finds their Membership lapsed/cancelled will only be allowed to rejoin as a new member and will have to build a new referral group.

Member’s Relationship With 10pays.com:

Once You become a Member of 10pays, Your sole relationship is as a Member of the 10pays community. You expressly understand and agree that no joint venture, partnership, employer-employee relationship, or agency relationship exists between You and 10pays as a result of this Agreement or use of the 10pays proprietary software. By completing the Registration form and Member Survey, You have applied to receive a service. Your relationship to 10pays is one of an independent contractor and/or customer.

As such, You may not represent yourself as a representative of 10pays.com nor may You enter into or attempt to enter into any legal contract involving 10pays whatsoever. 10pays has no obligation to offer Membership, use of Our software or any other services to You or any Member. Both the Member and 10pays shall have at all times the right to terminate the relationship for any and no reason as either sees fit.

Member’s Relationship With Advertisers:

All Members that choose to interact with any advertisers listed on the 10pays website, in emails, from Our message center or provided via the ad serving software do so at their own risk. Your individual relationship with the merchants and/or advertisers found via 10pays, including payment for and the delivery of related goods and/or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold 10pays liable for any loss or damage of any kind incurred through your interactions with any merchants, vendors, advertisers of any sort that You came in contact with through 10pays website or ad-serving technology.

How do you protect my personal data and privacy?

Privacy Policy:

Your personal privacy is of the utmost importance to 10pays..... Read more to find out how We protect You.

The purpose of 10pays.com is to take advantage of internet technology to enable businesses to interact with consumers in highly personalized ways without forfeiting the privacy of the consumer. Therefore, privacy is at the core of 10pays philosophy. 10pays and Our affiliated companies are committed to protecting Your privacy. We promise to handle all information you provide at 10pays.com including Member Survey and contact information, as well as any correspondence with complete discretion. Simply put, We will not release, sell, rent or otherwise give Your name, email address, or any personally identifiable information to any other entity, party or organization except as disclosed in this statement.

Disclosures of Your Information:

All information collected as a result of Your membership in 10pays.com will be controlled by Ten Pays Inc (10pays.com), a Montana corporation. We do not give, sell, rent, share, or trade any identifiable personal information to any third party, with the exception of third-party contractors and service providers who work with 10pays to provide the necessary software to run operations and those firms involved in the accounting and distribution of funds to Our members. These firms may be located in the US or internationally and are strictly prohibited from using the information they may have access to in any way but for the purpose it was intended.

To summarize, 10pays.com will keep all Your personal information “in house” except for the instances when that information is needed by third party contractors to pay You or provide the correct software services to make Your internet experience as pleasing as possible. Those contractors that are entrusted with Your information are only to use the information for purposes consistent with Your best interests and will not share that information with any other sources.

The only exception to the above “rule” is that We can and You authorize Us to disclose personal information to local, state, or federal law enforcement officials or tax agencies when required to do so by public authorities or when We believe in good faith that the law requires it. An example is if You are a US citizen, We may be required to report Your earnings to the Internal Revenue Service.

A Special Note to Non United States Citizens:

All non US citizens understand and consent to the processing of Your personal information (Personal Data) in the United States and/or internationally as Our business practices deem practical. You also understand and agree, Our business practices may vary from time to time and without notice.

Information We Collect as Part of General Membership:

We collect and process information about You in order to provide to You the services described on the website and in this Agreement along with minimizing fraud and duplicate registrations. Certain information such as Your name, address, email address, telephone number and birth date constitute “personal data” because that information can be used to directly or indirectly identify You (“Personal Data”). This information is protected under Our Privacy Policy. You expressly consent to 10pays.com using Your information, including personal data, in accordance with this Privacy Policy and the terms of this Membership Agreement.

The information collected through the Member Survey is used in the aggregate to help define the interests of the 10pays community in partial and as a whole. These demographics help advertisers decide if there are many people in the 10pays program that might be interested in what they have to offer. While that type of information is very helpful to them, it is also helpful to You because the Banner Bar ad-serving technology attempts to reject advertisements that would be of little interest to You. So while the information You provide to Us on the Member Survey is very personal to You, that information is never given individually to any advertiser. Rather, Your indication of interest on various subjects is simply “lumped together” with others that feel the way You do and We tell the advertisers that Our community has about this number of people that are interested in whatever subject happens to be the topic.

At all times, You have the option to enter and exit (“turn off or on”) the Banner Bar ad-serving service for any length of time. During the time You have elected to activate the Banner Bar ad-serving service, You consent to Our recording of data about Your internet activity that will be used by 10pays in accordance to our Privacy Policy. This monitoring is primarily used to provide You with points for interacting with various 10pays sponsors in accordance with the terms of each promotion. Members who participate in the Banner Bar ad-serving service have the opportunity to opt-in to receive promotional/marketing information via the Banner Bar “window” from Our advertising partners at any time, simply by opening (“clicking on the banner displayed in the window”) the Banner Bar window.

While the Banner Bar window is activated, We will process the information We gather while You are online in an effort to supply You with advertisements that appeal to Your interests. This is done to attempt to customize Your particular internet experience to maximize the relative information that is presented to You. Again, Your personal data is always protected, but the information that We collect is presented anonymously and in the aggregate to advertisers so they can learn what products and services are most popular with Our community.

To opt-out, Members simply close (“click on the close button in the window”) the Banner Bar window. Once the window is closed, no further data is collected. And, of course, Members can cancel their entire Membership at any time and all personal data pertaining to them will be destroyed with the exception of any tax reporting requirements and/or any legal requirements We reasonably feel are necessary to preserve.

Correcting or Updating, Accessing and Objecting to the Processing of Your Personal Data:

You may update, correct and access Your Personal Data by simply going to Your “Members Zone ” and clicking the “Update My Profile” link. Please note that this area is password protected for Your protection.

You are also entitled to access Your stored Personal Data. To request a copy of Your stored Personal Data, please contact Our support team indicating Your desire. Please be aware that in order to protect all Our members, We will need to confirm the identity of the Member requesting access to Personal Data. Additionally, subject to any applicable law, We may require You to pay in advance the reasonable costs that We incur to provide such information. You will be provided information about such costs and necessary identification verification procedures when You request Your Personal Data, and You will be permitted to rescind Your request prior to the time that We incur them.

You may object at any time to Our processing of Your stored Personal Data, provided, however, that You agree that We shall terminate Your Membership and cancel Your account upon such a request. Upon cancellation of Your account, any accrued payment amounts below the threshold will deemed “unearned” and will be forfeited. To object to the processing of Your Personal Data and to cancel Your Membership, please contact Our support team or go to the “Members Zone ” page and click on the “Cancel My Membership” link. For Your protection, this area is password protected.

Cookies Used in the Banner Bar Ad-Service:

Part of the process We use to serve advertisements to the Banner Bar ad-serving window involves the use of a “cookie”. A cookie is a piece of text that is stored on your computer. It helps 10pays and our ad-serving partners track the frequency and placement of advertisements. This is done to improve the quality or Your internet time by attempting to reduce or eliminate the amount of times the same ad is shown repetitively on Your screen. We may contract with third party ad-serving companies to display advertisements in the Banner Bar window. You agree these companies may place cookies on your computer, and You acknowledge that We will use reasonable efforts to obtain from Our ad-serving contractors restrictions to use such cookies only for the purpose of fulfilling their ad-serving obligations to Us (and You).

Caution: If You configure Your browser to not accept cookies, We may have difficulty rendering service to You and in addition to Your Banner Bar ad-serving window not working properly, You may not receive credit for time spent online. This risk is solely Your responsibility and 10pays will not credit Your account for extra time lost because of cookie issues.

External Links:

Our website(s) and the Banner Bar ad-serving window contain links to other companies and their websites. 10pays is not responsible for and makes no representations about the privacy practices of such companies and/or the content of their websites.

Search Engine Results:

Search Results and links that are displayed by the service are generated automatically and are provided by third party resources over which 10pays exercises no control. Search results generated by the service may include unexpected and/or unwanted references. The search results generated by the service may also include links or references/descriptions that You might find objectionable, inappropriate, or offensive. 10pays cannot and will not guarantee that results generated by the service will not return unintended or objectionable content and assumes no responsibility for the quality, suitability, functionality, or legality of any of the references, links, or the content of any sites included in the search.

Consent to Process Personal Data, Member Choice Options:

10pays members constantly have the option to enter and exit the 10pays service at any time. While the Banner Bar ad-serving software is active the Member consents to it recording data which will be used by 10pays in accordance with this Agreement. Members who participate in the Banner Bar ad-serving service have the opportunity to opt-in to receive promotional/marketing information via the Banner Bar ad “window” from Our advertising partners at any time simply by “clicking on” the advetisement shown and thereby opening a new window on their computer monitor. To opt-out, Members simply close the Banner Bar ad-serving window by “clicking on” the close button indicated on the Banner Bar. Additionally, You have the right to cancel Your Membership at any time and for any and/or no reason. You simply need to go to the Members Zone and complete the cancellation process. At that time all personally identifiable information about You will be destroyed with the exception of any information We resonably believe We are legally required to keep. For example, if You are a U.S. citizen We may be required to report the amount of compensation We have paid You. We shall and are required to report such information to the U.S. tax authorities and will do so regardless of whether You cancel Your membership or remain active.

What kind of security do you provide for my information?

Internet and Web Server Security:

10pays.com uses industry accepted security measures to protect Our sites and software. We have systems in place to protect the integrity of any information You send to Us. However, no transmission service is 100% secure and this includes the internet. When You submit information about yourself to Us or any other site on the internet, the information may travel through many systems that are not under Our control. As such, We cannot and do not assure that Your information is not intercepted. Once Your information is received, We will do everything within reason to ensure it’s safety. For more information please read Our Privacy Policy in this Agreement and/or Our Privacy Policy page on the 10pays.com website.

A word about Your password: By far the most common breach of security is when members do not adequately protect their password or fail to log off a computer they are using that others may have access to also. It is always in Your best interest to protect Your password at all times. It is also wise to use a password that would be hard for others to guess. Use of a child or pet’s name or numbers such as social security numbers or birth dates is common and easily discovered. Friends and romantic partners do not always remain so. It is Your sole responsibility to protect Your password so that others cannot cancel Your account or otherwise damage Your standing within the community. The same advice applies to whatever information You use as a password reminder question in case You forget Your password. Provide a question that only You know the answer to.

Group Building Philosophy and Software:   ( Why We think Our program is better. )

The 10pays community was founded on the belief the best way for all Members to succeed is to have some type of Group Building Structure that would facilitate the growth of all members. This structure is based upon the premise that all Members would voluntarily subscribe to a program whereby no member would have more than 10 entities on their first level. Any additional new member registrations would be placed under a Member within the referring member’s downline referral group who had not achieved 10 member registrations on their first level. This “spillover” of additional referred members would be on a time basis to member who had been in the referring member's group the longest and had not acheived 10 members on their first level rather than on a level basis thereby eliminating even the appearance of a pyramid scheme.

Advantages: The spillover factor will help build the downline referral groups for people that are shy or just have a hard time telling other people about the program. While at first glance, this does not seem to be much of an advantage to the person who is actively out recruiting new members, the truth is the individual that is out recruiting is actually “stabilizing” their personal group. This occurs because all new registrations fall into their downline referral groups and also the downline of one of the members in their group who are having trouble filling thier first referral level. Since the likelihood of downline dropouts reduces if they are seeing additional members joining their group, it is important to remember that even a little progress will keep many Members from quitting the program which helps everyone involved by helping the overall group stable and growing.

One other important factor to consider about the importance of stability is from the perspective of the Advertiser. A well defined and stable target market is much more appealing than a community whose demographics are constantly shifting.

All Members agree and understand that membership in 10pays is voluntary and as such agree to the above philosophy and methodology as a best practice scenario for not only themselves but also for the 10pays community as a whole. Any potential Member or Member who does not wish to voluntarily participate using Our Group Building Software will not be offered (or allowed to continue) membership in the 10pays program or community of members.

How does telling other people about 10pays help me?

The Referral Program: (Eight total levels)

As a Member of 10pays.com, You may refer other individuals and non-profit entities to become members of 10pays by listing You as thier referrer ( “Direct Referrals”). Once 10 new members have joined listingYou as their referrer (or You have recieved spillover referrals to Your Direct Referral Level so that Your Direct Referral Level is full ), Your additional referrals will spillover to the Member that has been in Your group the longest and does not have 10 individuals or entities on their first level. All other referrals below Your first level will be called Your Extended Referrals.

Extended Referrals can be added to Your downline referral group in four ways:

#1. Any additional referrals You personally invite to join once Your first level had 10 individuals or entities will become Extended Referrals. (These are people You actively continued to recruit using Your referral information)

#2. Any new member(s) referred by Your Direct Referral(s) will fall into their groups and also automatically into Your downline referral group as an Extended Referral(s) (These are new members You did not actively recruit but still benefit from.)

#3. A person above You (You are in their downline referral group ) actively recruits a new member but the spillover process places them in Your downline referral group  (These also are new members You did not actively recruit but still benefit from.)

#4 A new member signs up without listing anyone as their referrer.  Since the Group Building software automatically slots these new members as Direct Referral to current members on a random basis, there is a possibility that Your referral group will benefit from the addition of these new members.

As a 10pays Member, You expressly agree that You will not have more than 10 Direct Referrals, however, You can have almost an unlimited number of Extended Referrals since those “levels” extend an additional 7 levels below the Direct Referral level.

Further Information and Constraints:

The referral program is subject to these additional constraints:

* One Referrer Only.
Each new Member may only designate one referrer at the time they become a member of 10pays.

* Direct Referral Level and Seven Levels of Extended Referrals. ( 8 total referral levels)

You will receive points (exchangeable into compensation) only for the Active Surfing of Your Direct Referrals and Extended Referrals as shown below:   Remember, Your Direct Referrals and Extended Referrals can come from Your personal efforts, the efforts of members above or below You and/or via the random placement by Our software of new members who join without listing a referring member.

YOU (Pays 100% of the points value to You for Your points accumulation in any given month)

Your Direct Referrals: (Your first level, 10 spaces available, Pays You 5% of what You earn per point times the total cumulative number of points earned on this level by all Your  Direct Referrals subject to the Payment Constraint section listed below.)

Extended Referral Level 1: (Your second level, 100 spaces available, Pays You 5% of what You earn per point times the total cumulative number of points earned on this level by all Your Level 1 Extended Referrals subject to the Payment Constraint section listed below.)

Extended Referral Level 2: (Your third level, 1,000 spaces available, Pays You 5% of what You earn per point times the total cumulative number of points earned on this level by all Your Level 2 Extended Referrals subject to the Payment Constraint section listed below.)

Extended Referral Level 3: (Your forth level, 10,000 spaces available, Pays You 5% of what You earn per point times the total cumulative number of points earned on this level by Your Level 3 Extended Referrals subject to the Payment Constraint section listed below.)

Extended Referral Level 4: (Your fifth level, 100,000 spaces available, Pays You 5% of what You earn per point times the total cumulative number of points earned on this level by Your Level 4 Extended Referrals subject to the Payment Constraint section listed below.)

Extended Referral Level 5: (Your sixth level, 1,000,000 spaces available, Pays You 5% of what You earn per point times the total cumulative number of points earned on this level by Your Level 5 Extended Referrals subject to the Payment Constraint section listed below.)

Extended Referral Level 6: (Your seventh level, 10,000,000 spaces available, Pays You 5% of what You earn per point times the total cumulative number of points earned on this level by Your Level 6 Extended Referrals subject to the Payment Constraint section listed below.)

Extended Referral Level 7: (Your eighth level, 100,000,000 spaces available, Pays You 5% of what You earn per point times the total cumulative number of points earned on this level by Your Level 7 Extended Referrals subject to the Payment Constraint section listed below.)

Payment Constraint:

Points are used as an indication of compensation earned rather than some time-based indicator (such as an hourly rate) because points may be earned in various ways that are not time-based activities.  While You will earn points for surfing the internet while actively using the Banner Bar ad-serving software on a basis that is time related (i.e. the more hours You surf, the more points You will accrue), You may also be able to earn points from interacting with various sponsors and reading some messages that are sent to You via either email and/or Our message center.  Since Your elective participation in various promotions and messages can cause Your effective "hourly rate" of point accumulation to be higher or lower than other members, the total point accumulation standard will be the method used to determine Your earnings in any given month.

Any extra points, bonus points or similar that You are entitled to because of Your participation in various promotions that allow You said points will be credited to Your account in the pay period the points are reported and/or processed by Us. For example, if You participate in a promotion in one monthly pay period but it is not reported and/or processed by Us until the next pay period then the points will be considered earned in the time period they are processed.

While the above table shows the amount of cumulative points You are eligible to receive compensation on, based upon the efforts of Your Direct Referrals and seven levels of Extended Referrals, You will only be allowed to collect on the points of each individual referral (Direct & Extended) to amount of points You personally accrued in any given month and/or pay period.

For example, if You earned 10,000 points in a given pay period for Your activites, then You would be entitled to collect compensation based on any (and all) of Your referrals (Direct & Extended) activites up to 10,000 points per referral. For any referral that did not earn 10,000 points, You would be entitled to collect based upon 100% of the points that referral did accumulate during that pay period.  For those referrals in Your group, that exceeded 10,000 points, You would only be allowed to collect compensation for those referrals at the 10,000 point amount. Any excess points (in this case above 10,000) earned by any of Your referrals would not be counted towards Your compensation.   Therefore, it is in Your best interest to attempt to maintain an average point total that meets or exceeds a high percentage of the members in Your referral group so that You are entitled to compensation on a large percentage of their efforts.

Reality Check: Just because the higher Extended Referral levels have a huge amount of referral spaces available, We are in no way suggesting all or even a small percentage will end up being filled by Your referral group. We are suggesting however, that the more effort You expend referring people, the better Your chances of creating a larger referral group.

Promotions Not Available To All Members:

Since many sponsors/advertisers are only interested in certain segments of Our membership community based on certain demographic factors including but not limited to, residence location, age, gender, lifestyle, interests, etc, it is understood and expressly agreed that not all promotions (including promotions that provide bonus points) will be available for participation to all members. You further understand and agree that Your participation in any of these promotions (including promotions that provide bonus points) will only accrue compensation provided You meet the qualifications set by said sponsors/advertisers as 10pays.com, in Our sole discretion, determines You are eligible for. Furthermore, it is understood and You agree that We are under no obligation to attempt to provide equality or parity (in any manner) for any member and/or for all members with respect to the availability of “bonus point” promotions. Finally, it is also understood and agreed by You that all decisions regarding eligibility and/or payment for bonus points associated with any promotions as it pertains to You or any of Your referrals is exclusively a determination decided by Us. Should You disagree, Your sole and exclusive remedy is to terminate Your membership in accordance with the terms and conditions of the cancellation provisions of this Agreement.

Marketing Claims:

You agree not to make any misrepresentations to any of Your Direct and/or Extended Referrals or potential Referrals with respect to compensation typically received by 10pays members or with respect to compensation that potential members are likely to receive, and to fully comply with all applicable laws related to Network Marketing (also called Multi-level or MLM ) programs.

Corrections to Your Direct and Extended Referral Count:

You acknowledge and agree that the number of Your Direct and Extended Referrals may need to be corrected from time to time. For example, We may discover that one or more of Your Direct and/or Extended Referrals does not meet Our Membership criteria as outlined in this Agreement. You agree that We may correct Your Direct and/or Extended Referral count so that only legitimate and/or verifiable accounts are included in Your Direct/Extended Referral count.

Indemnification and Limit of Liability:

You acknowledge and agree that membership in 10pays.com is voluntary and that 10pays is not a forced matrix. Accordingly, 10pays does not guarantee that any individual Member will receive referrals in their group nor does 10pays guarantee the any Member will receive any compensation or credits of any kind from Us and/or any of Our affiliate companies.

To the maximum extent allowed by applicable law, neither 10pays.com nor any of it’s parent companies, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this Membership Agreement, resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of the user’s transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangible, even if such party has been advised of the possibility of such damages.

In the event that You are dissatisfied with 10pays and/or any 10pays promotions or activities or those of any of Our affiliated companies, Your sole and exclusive remedy is to cancel Your Membership with 10pays.com and/or Our affiliated companies. You understand and agree to hold 10pays.com and any of Our associates completely harmless from any claim or demand, including reasonable attorney fees, from You or any third party due to or arising out of Your use of Our service.

Software License:

Grant of License: Subject to the terms of this Membership Agreement, 10pays hereby grants and You accept a personal, non-exclusive, non-transferable, royalty-free terminable license on an “as is” and "as available" basis to install and use the Group Building Software and Banner Bar Ad-Serving Software on a single computer for the purposes set forth in this Agreement and only during Your term of participation in the Group Building and/or Banner Bar ad-serving service.

By accepting the terms of this Agreement, You agree that 10pays is permitted to limit, deny, create different priorities and ad content to different users, or cancel some or all of the functionality of the Banner Bar or Group Building Software at any time, without prior notice.

No warrantees: 10pays makes no warranties or guarantees as to the availability or reliability of the service to You or any other user and/or the availability and functionality of any feature and function of the service software. Additionally, 10pays does not warrant or guarantee the service to be uninterrupted or error-free, that defects will be corrected, or that the service or the server(s) that make it available, are free of viruses or other harmful components. Furthermore, said proprietary software may be changed, limited or terminated at any time, temporarily or permanently, without prior notice, for any reason or no reason by 10pays.com in it’s sole discretion. You agree to bear the risks of and hold 10pays harmless for any and all effects that the “changes of functionality” may have on Your ability to use the Banner Bar or Group Building Services and software in whole or in part.

Restrictions: You may not use, copy, modify, or transfer the Software, or any copy thereof, in whole or in part expressly provided in this Agreement or by applicable law. You may not tamper with, reverse engineer, disassemble, decompile, alter, duplicate, make copies of or create derivative works from the Software except to the extent such restrictions are overridden by other law. Additionally, You may not rent, lease, loan, give, resell for profit, or distribute the Software, or any part hereof.

Additional Features:

The Banner Bar Service may contain features that may link You or provide You with certain reference and functionality to third party websites, directories, and search engines. Those features are provided by Us only as a convenience. These third party services are not reviewed, controlled or examined by 10pays.com in any way and We are not responsible for the contents of any such third party service or link found therein. The offering of these features does not imply endorsement of the third party services by 10pays. It is Your sole responsibility to comply with the appropriate terms of services of these third party services You choose to access using these features, as well as with any other obligation under copyright, trade secrets, defamation, decency, privacy, security and export laws and any other applicable laws. In no event should 10pays be liable to anyone for any damage arising from or occasioned by the creation or use of the third party services or the information or material accessed through these services. 10pays.com reserves the exclusive right and sole discretion to add, change, decline, disable or remove, without notice, any feature access or link to any of the third party services from the Banner Bar Service software and/or to introduce different features, access of links to different users. In addition, 10pays does not endorse any service or product that may be offered by any third party that is advertising through Our Service.

Software Updates: You agree to upgrade to new versions of the Banner Bar ad-serving software and/or the Group Building referral software as they become available in order to maintain active status within the 10pays community and to continue to receive points (credits) for Your time using Our service(s). You agree that 10pays may refuse to credit and/or deactivate Your account if You use past versions of Our software. 10pays will attempt to provide reasonable notice prior to any automatic update of any of Our software, however, You agree that 10pays may automatically update Our software without notice to you.

WebMaster Program:

10pays.com grants all active Members a limited license to Our 10pays.com trademarks, tradenames, and logos described on Our “Referral Ideas” page solely for the purpose of securing legitimate referrals to the 10pays.com program.

All use of the 10pays trademarks, tradenames, and logos shall be for the sole benefit of 10pays.com and You hereby agree to assign and do all things necessary to ensure that 10pays.com receives the benefit of all laws and regulations that are meant to protect Our trademarks, tradenames and logos.

10pays reserves the right to change, modify, or revoke all or part of this limited license, at any time, for any and no reason if 10pays in Our sole discretion believes You are acting in a manner to tarnish 10pays reputation and/or You are engaged in any activities that 10pays (again, in Our sole discretion) finds objectionable.

Examples of websites or activities that 10pays finds objectionable includes but is not limited to the following: Any sites that We believe promotes discrimination based on race, sex, age, nationalities, religion or disabilities. Any sites that We believe promotes violence, militant or extremist views. Any sites We believe are designed to promote or enable users to violate or circumvent the intellectual rights of others. Any sites We believe are or promote unlawful behavior. Any sites We believe are obscene, profane, or harassing. And any sites that “mirrors” or replicates any of the 10pays website.

In addition, 10pays strictly prohibits any Member from using any of the 10pays trademarks, tradenames, banners or logos in a manner that would indicate 10pays endorsement of their site, activity or product without 10pays express written permission.

Proprietary Right to Content:

You acknowledge that content, including but not limited to text, software, trademarks, tradenames, logos, banners, apparel, sound, photographs, music, graphics, video or other material contained in either the 10pays website or any other 10pays function and any of Our affiliated companies is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You agree and understand that You will not modify, copy, reproduce, republish, resell, upload, post, transmit, or distribute in any way the software or content available through either 10pays.com or Our affiliated companies websites.

What is your email policy? Will you flood me with junk?

10pays Email and Message Policy:

As a Member of 10pays.com You agree to accept email and/or messages from Us as a requirement for Membership and continuing active status within Our program. Most of Our emails/ messages will be informational and/or promotional in nature. While We require You to allow Us to send You email/messages, We also respect Your desire not to be flooded with marketing messages. Therefore, We will make a reasonable attempt to limit Our contact with You normally to about one or two email and/or message(s) per week. Holiday periods may see a increase in email and/or message activity. Some of Our email and/or messages may contain links that provide You with extra points which can be used to increase Your compensation.

We also reserve the right to send and You agree to accept messages that may be delivered to You through Our Message Center. In such cases, You may be notified of a new message for You by a banner that appears on Our Banner Bar service and/or via an email. Failure to log into the Message Center and pick up Your message(s) may result in the suspension of time accumulation points or credits. To reactivate the Banner Bar point accumulation process, You will need to log in and pick-up Your messages.

You, as a Member of 10pays.com, understand and agree that email and/or messages received via Our Message Center are an important way advertisers attempt to correspond with Members. This correspondence is essential to the marketing partnership between the 10pays community, as a whole, and the advertisers that support Our program. As such, You agree not to block email from 10pays and to keep Your email contact information current. Failure for Us to be able to reach You via Your email account and/or via the Message Center may result in the suspension of Your account and/or the termination of Your account in Our sole discretion.

Additionally, to comply with the U.S. CAN-SPAM Act, all 10pays email sent to You will have an “unsubscribe link” accompanying each email. If You elect to “unsubscribe” You will be required to also cancel Your membership and forfeit any compensation that has not reached the threshold for payment along with any referrals (Direct & Extended) You may have accrued.

If You have subscribed to any U.S. or international “Do Not Email” list or similar, You understand and expressly agree that such restrictions do not apply to email You voluntarily have agreed to accept from 10pays whether sponsored by an advertiser or not. Furthermore, You understand and expressly agree that should You join any sort of “Do Not Email” list of any type (or similar) after joining 10pays, that We shall and You desire Us to continue sending email to You.

Members Right to Cancel: As always, You as a 10pays member have the right to cancel Your Membership at any time and this applies to any dissatisfaction You may have with Our Email practices and/or procedures. To cancel simply visit the Members Zone section of Our website and follow the normal cancellation procedure. Remember that by cancelling Your Membership, You understand and agree that not only will We stop sending any email messages to You but We will terminate You from continuing to use any of Our services and You will forfeit any compensation that has not met Our payment threshold along with any referrals (Direct & Extended) You may have accrued.

Your communications with and within 10pays

Your Tips, Ideas and Suggestions:

10pays and/or any of Our affiliated companies shall be free to use any ideas, concepts, know-how, tips, or techniques contained in any communication You send to Us, by whatever means, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information. You understand and expressly agree that in the absence of any prior written agreement, We are not obligated to provide You with any compensation, in any manner, for providing such information. Any personally identifiable information You provide to Us will be treated in accordance with the terms and conditions of Our Privacy Policy.

Rules of Communications Conduct With 10pays and Other Members:

You agree that You will not use Our site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, You agree that when uploading to or communicating via the site, including in respect of any forums, chat-rooms or other exchanges (a "Forum") accessed on or through Our site, You shall not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless You own or control the rights thereto or have received all necessary consents.
Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.

Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
Download any file posted by another user of a Forum that You know, or reasonably should know, cannot be legally distributed in such manner.

Use any communications or content or other information obtained through Our site in a manner that is competitive with Our business.

You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or content is endorsed by 10pays and/or Our affiliates and no communication of a third party or content may be considered reviewed, screened or approved by Us.. As explained below, We reserve the right for any reason to remove without notice any communication, content or other material posted to any portion of Our site.

You also agree not to use Our site, the Banner Bar (a.k.a. the "advertising window") or any of Our and/or Our affiliate’s software in any manner that could damage, disable, overburden, or impair said sites and/or software or interfere with any other party's use and enjoyment of Our and/or Our affiliate’s sites and services. You also agree not to attempt to gain unauthorized access to any other 10pays.com member accounts, computer systems or networks associated with Our site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for You through Our site or by any other means whatsoever.

Managing Communications Content:

10pays does not and will not review all communications or content uploaded to Our site and is not responsible for the content of such communications or content. Notwithstanding the foregoing, 10pays.com or any designated service provider and/or employee We may choose reserves the right to delete, move or edit any communication or content that We and/or Our designated service provider and/or employee may determine, in Our sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or content uploaded under Your Member Name. 10pays.com shall have the right but not the obligation to correct any errors or omissions in any content, as We may determine in Our sole discretion. You acknowledge that any screening of content performed by Us and/or Our designated service provider and/or employee to determine acceptable content is done as a courtesy only.

10pays.com respects the intellectual property of others, and We ask Our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide 10pays.com with notice of such infringement in the manner described under the terms of Our Copyright Policy.

What is your position on Spam?

Spam Policy:

Members cannot use spam to obtain referrals.

10pays takes very seriously the problem with spam on the internet and fully complies with the US Government’s CAN-SPAM Act and expects Our Members to do also.

You must not use unsolicited email, usenet, internet message boards, chat areas, unsolicited fax transmission, or any other similar methods for mass messages (SPAM) to seek referrals to 10pays and/or any of Our affiliated companies. Usenet and message board spam are messages sent or posted which are unrelated to the topic of discussion of the particular group or message board and which are posted for the primary purpose of displaying your Member Name/ID in an effort to obtain referrals. 10pays will terminate any Member who We reasonably believe has violated Our Spam Policy. Furthermore, said Member may be subjected to Federal and State penalties and/or any other legal consequences under applicable law.

Additionally, any Member who has their account terminated because of violating Our Spam Policy will forfeit their account balance regardless of amount due at termination and may not be allowed to rejoined 10pays.

For further information on Our thoughts on Spam, please visit Our Spam Policy page on the 10pays.com website

How and when do I get paid?

Payment Policy:

Time & Points

As a Member in good standing with 10pays.com, You are entitled to share in the revenue We receive from sponsors and advertisers. It is agreed and understood that the monthly amounts We collect from advertisers and sponsors will most likely change from month to month. Accordingly, the amount You are credited per hour for using Our Banner Bar ad-serving window or participating in any sanctioned promotion will fluctuate according to the revenue We collect. To simplify the accounting process, We may elect to credit You with a certain number of points per hour or portion thereof on a constant basis for using the Banner Bar ad-serving service. Additionally, You may be credited with a certain number of points by participating in various advertiser promotions We sanction. In such case, the value of those points will fluctuate month to month based on revenue We collect. You understand that the cash remuneration for Your points will be based upon the month the points were earned. In no case may a Member attempt to transfer, store or otherwise reapportion their points to a month where the payout rate may be higher. Additionally, You understand and agree that the total percentage of revenue share from advertiser receipts may change from time to time at the sole discretion of 10pays.com

It is also understood and agreed that either 10pays.com and/or one of Our designated service providers will have the sole authority in calculating the amount of time You and/or any other Member, including those considered Your Direct Referrals and/or Your Extended Referrals will be considered to have accumulated (earned) while using any of Our services and/or promotions and that such calculations and/or decisions are final. It is further understood and agreed that while We and/or Our service providers will make reasonable attempts to keep accurate time usage and promotion statistics for all Members, We make no guarantee thereof. You expressly agree that Your use of the 10pays website is at Your sole risk. The service is provided on an “as is” and “as available” basis and Member understands and agrees that their sole recourse if they are dissatisfied to is to elect to cancel their Membership according to Our normal procedures for cancelling said Memberships.

Payment Threshold:

10pays makes monthly payments to Members who have achieved the necessary points to meet Our current payment threshold of US $50.00.  If a Member does not reach the threshold amount in a certain month or pay period, their points are “rolled over” or transferred into the following month until at such time as they reach the threshold payment amount.Any amount(s) credited to Your account will not bear interest of any kind.

Minimum Pay Amounts May Change: We may alter the Payment Threshold in Your country from time to time. You agree that 10pays may change (increase or decrease) the minimum Payment Threshold in any country or countries effective as of the posting of such new minimum Payment Threshold amounts on Our website.

Time Lag: Since the actual value of the points Our Members accrue in any given month is determined by the actual amount of funds We collect from advertisers for that particular month, there is necessarily a time lag between the time You spend using Our service(s) and the time You are paid. Normally, the time lag is approximately 60 days.

Example: If in any given month, You accumulate 40 hours of Banner Bar time or acquire an equivalent point value using Our service(s), You will not only be credited for Your personal time but also up to 40 hours of points value for all of Your Direct and Extended Referrals. Those calculations are completed almost instantaneously however, it typically will take Us a week or so to calculate and bill the various advertisers for the amount of time their advertisements were shown to the 10pays community as a whole. Then on average it will take 30 to 45 days to receive payment from the advertisers that were billed. Once the funds have been collected, We are in a position to calculate and pay all Members who have met the threshold amount.

No play, no pay:

10pays is not any form of security instrument and as such requires active participation by any Member in order to be paid. All Members understand and expressly agree that they will only be paid for their personal point accumulation and the point accumulation of each of their Direct Referrals and Extended Referrals up to the amount of time they spend using Our service(s) in any given month.

Our Philosophy:

10pays realizes for Our program to benefit the largest number of entities (both advertisers and members alike), the program must have a large number of active participants. We also realize that due to the low personal pay rate, that a portion of Our Membership might be tempted to not personally use Our service(s) but still promote the program to others in the hopes of receiving payments for those Member’s efforts. We believe and maintain that this type of mentality is detrimental to the 10pays community as a whole and possibly might violate US security laws by creating the appearance of a passive investment.

Therefore, it is understood and expressly agreed that all Members shall only be entitled to a portion of the efforts (time usage and/or point accumulation) of those Direct and Extended Referrals in their downline referral group to the degree of their own efforts (time usage and/or point accumulation).

Payment Methods:

10pays strives to better serve all Members by minimizing payment processing costs thereby conserving funds with which to provide higher Member benefits. As such 10pays will endeavor to establish online payment arrangements to Members meeting the payment threshold amount in the manner determined by 10pays as the most beneficial to the Membership community as a whole. It is understood and agreed that the manner of payment may change from time to time as 10pays in Our sole judgement deems practical and might not be the same for all members.

Currently, all funds due will be issued in U.S. Dollars and it will be the sole responsibility of non-U.S. members to convert the funds to their region’s accepted currency. Any and all fees or discounts collected for such conversions shall be paid exclusively by the member. 10pays reserves the right to pay in multiple currencies when and if the situation becomes such that it is economically advantageous to the 10pays community as a whole (in Our sole opinion) to do so. However, even if We begin to pay in multiple currencies, there is no guarantee that We will pay in Your country or region’s currency. In such cases where We do not pay in Your accepted currency, You will remain liable for all fees and discounts necessary to convert the funds to acceptable currency for your area.

What country laws do you operate under?

Governing Law and Other Terms:

Any action related to the 10pays.com website or the use of any of Our service(s) will be governed by the laws of the State of Montana, United States of America, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any action relating to this Membership Agreement or the use of any of Our service(s) shall brought in the state or federal courts located in the State of Montana, and You hereby submit to the jurisdiction and venue thereof. You agree to comply with the laws of Montana and the United States that apply to Your Membership and the use of Our Banner Bar ad-serving service along with any promotions We may offer and the compensation You may receive. If the laws of Your country, state or province of residence prohibit or limit Your participation in this Agreement, in whole or in part, then You are responsible for complying with such laws and You agree to indemnify 10pays.com against any breach by You.

If any part of this Membership Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder shall remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement to anyone, and any attempt to do so shall be null and void. 10pays may assign this Agreement at it’s sole discretion.

Disclaimer of Warranties:

YOU EXPRESSLY AGREE THAT USE OF ANY OF THE 10PAYS.COM WEBSITE, THE BANNER BAR AD-SERVING SOFTWARE, THE GROUP BUILDING REFERRAL SOFTWARE, AND/OR ANY OF10PAYS PROMOTIONS WHATSOEVER IS AT YOUR SOLE RISK. ALL SOFTWARE, SERVICES, AND/OR PROMOTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, 10PAYS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 10PAYS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR WEBSITES, OUR BANNER BAR AD-SERVICE, OR ANY PROMOTIONS NOR THOSE OF ANY OF OUR ADVERTISERS ENTERED INTO THROUGH THE USE OF OUR SERVICE.

Earnings Disclaimer:

YOUR EARNINGS CANNOT BE GUARANTEED.

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PROGRAM AND IT'S POTENTIAL. EVEN THOUGH THIS CONCEPT IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY WHATSOEVER USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OR ANY TYPE OF AVERAGE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PROGRAM, IDEAS, PRODUCTS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A "GET RICH SCHEME" OR SIMILAR STYLE PROGRAM. AS WITH ANY BUSINESS, YOUR RESULTS MAY VARY, AND WILL BE BASED ON YOUR INDIVIDUAL CAPACITY, BUSINESS EXPERIENCE, EXPERTISE AND PROBABLY MOST IMPORTANTLY, YOUR LEVEL OF DESIRE, MOTIVATION AND WILLINGNESS TO TAKE ACTION TOWARDS ACHIEVING YOUR GOALS.

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST PROVIDED DOING SO WILL NOT VIOLATE THE TERMS OF ANY MEMBER'S RIGHTS UNDER OUR PRIVACY POLICY. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PROGRAM, CORRESPONDENCE AND ON OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL, WEBSITE OR CORRESPONDENCE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

INTERNET BUSINESSES AND EARNINGS DERIVED THEREFROM, HAVE UNKNOWN RISKS INVOLVED, AND AS SUCH, ARE NOT SUITABLE FOR EVERYONE. ALWAYS USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR BEFORE ACTING ON THIS OR ANY INFORMATION. MEMBERS OF OUR PROGRAM ARE ADVISED TO PERFORM DUE DILIGENCE WHEN IT COMES TO EVALUATING AND MAKING BUSINESS DECISIONS REGARDING ANY PORTION OF OUR PROGRAM OR WITH REGARDS TO PRODUCTS OR SERVICES WE MAY EXPRESSLY RECOMMEND OR THOSE THAT MAY SIMPLY BE ADVERTISED ON OUR WEBSITE OR VIA OUR SOFTWARE AND/OR OUR COMMUNICATIONS WITH YOU.

YOU WARRANT AN UNDERSTANDING THAT IN ANY EVENT, FOR ANY REASON, NO MATTER THE AMOUNT OF DAMAGES CLAIMED, AS A MATERIAL PART OF THE CONSIDERATION FOR USE OF OUR PROGRAM, SOFTWARE AND WEBSITE, THAT USE OF SAID MATERIALS AND/OR RECOMMENDATIONS MADE FOR OTHER PRODUCTS, THAT OUR MAXIMUM LIABILITY FOR ANY CLAIMED DAMAGES IS ZERO.

Limitation of Liability:

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER 10PAYS NOR ANY OF IT’S MEMBERS, SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT AND/OR THE USE OF, OR THE INABILITY TO USE, ANY PORTION OF OUR WEBSITE AND/OR SOFTWARE SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY COSTS INCURRED BY THE MEMBER IN ATTEMPTING TO OBTAIN REFERRALS, OR RESULTING FROM ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ANY 10PAYS WEBSITE OR BANNER BAR AD-SERVING SERVICE OR EMAIL/MESSAGE SENT BY 10PAYS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS PROHIBITED BY LAW IN YOUR COUNTRY OR JURISDICTION, IN NO EVENT WILL 10PAYS TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE NUMBER OF HOURS THAT YOU PERSONALLY SPENT ACTIVELY SURFING THE INTERNET DURING THE IMMEDIATELY PROCEEDING TWO MONTHS, MULTIPLIED BY THE MAXIMUM HOURLY PAYOUT RATE PUBLISHED EITHER ON THE 10PAYS.COM WEBSITE AND/OR THROUGH 10PAYS SPONSORED EMAIL REPORTS TO MEMBERS FOR TIME SPENT DURING THAT SAME PERIOD. IF YOU ARE DISSATISFIED WITH THE 10PAYS.COM SERVICE AND/OR PROMOTIONS AVAILABLE THROUGH OUR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR MEMBERSHIP IN 10PAYS.COM. YOU UNDERSTAND AND AGREE TO HOLD 10PAYS.COM AND ANY OF IT’S ASSOCIATES INCLUDING BUT NOT LIMITED TO MEMBERS, SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, AND EMPLOYEES COMPLETELY HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES, FROM YOU OR ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE, OR INABILITY TO USE, OUR SERVICE.

Force Majeure:

Neither 10pays.com nor any of Our affiliated companies will be in default or otherwise liable for any delay or failure in it’s performance under this Membership Agreement where such delay or failure arises by reason of an Act of God, or any governmental body, acts or war, terrorist activities, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the control of 10pays.com, and/or any of Our service providers and/or any of Our affiliated companies.

Updating of Membership Agreement:

You and 10pays agree that 10pays in Our sole discretion may from time to time need or desire to change the terms of this Membership Agreement. We will attempt to notify You either by email, through Our Message Center, via the Banner Bar window service and/or by posting to the 10pays.com website in the event of a revision. Your continued use of the 10pays service, including but not limited to the Banner Bar ad-serving service and/or the Group Building referral software and/or the receipt of any form of compensation from Us is, by Your action, acceptance of the updated Membership Agreement. Should You object to the update and/or any part of the Membership Agreement, Your sole and exclusive remedy is to terminate Your Membership Agreement.

Sale, Merger or Asset Transfer:

If 10pays.com in it's entirety or any portion of it's assets is purchased or merged with another company, information We have collected from You may be one of the transferred assets.

Continuation of 10pays Service:

10pays.com plans on being around and working with Our Members for a long time, however, due to the evolutionary nature of the Internet, 10pays cannot and does not warrant or guarantee that 10pays and/or any of Our services will always be available. Although, unforeseen at this time, changes in the Internet and/or governmental environments could make the continuation of 10pays.com and/or any of Our services and/or the services of Our advertisers or affiliated companies unfeasible or impractical. Therefore, 10pays reserves the right for any and no reason to shut down operations or services (all or in part) at any time and without notification. Members understand and expressly agree to hold 10pays.com and any entity associated with Us harmless in such a situation.