Note that although this was posted on ASD’s website and was required to be electronically signed, none of it’s provisions were cited by the government in it’s complaint to illustrate that ASD was a Ponzi Scheme:
Terms of Service – Member
THESE TERMS OF SERVICE SET FORTH THE TERMS AND CONDITIONS UNDER WHICH ADSURFDAILY, INC., (HEREINAFTER REFERRED TO AS “ASD”) WILL PROVIDE ITS SERVICES. THESE TERMS ARE AN AGREEMENT BETWEEN THE MEMBER AND ASD. THE TERMS DESCRIBE THE MEMBER’S RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES.
THE TERMS OF SERVICE ALSO DESCRIBES THE RIGHTS AND OBLIGATIONS OF ASD. THE MEMBE MUST READ THESE TERMS OF SERVICE CAREFULLY AND BE SURE THAT HE OR SHE UNDERSTANDS THESE TERMS OF SERVICE. IF THE MEMBER DOES NOT AGREE TO THESE TERMS OF SERVICE, THE MEMBER SHOULD NOT ACCESS OR USE THE SERVICES OF ASD.
1.1. Creation or use of an account with ASD means the Member accepts ALL the terms and conditions of this agreement and is bound by the terms herein.
1.2. The parties to this agreement are ASD and the Member.
1.3. In this agreement, “you” or “your” means any person or entity of whatsoever nature using the Service (“Members”). Unless otherwise stated, “we,” or “our” will refer collectively to ASD.
2. Although we will attempt to keep Members informed of any changes in these Terms of Service, we may amend this Agreement at any time without any prior notification by posting the amended terms on our site. We will notify you via the e-mail address you have on file with ASD of any changes to the terms. ASD expressly reserves the right to make said changes and same may be posted on the website or otherwise noticed to Members in addition to or in lieu of the hereinabove mentioned e-mails.
3. We value our Members and wish to provide them with a results-oriented programs. To offer you the best service, all Member need to follow the same Terms of Service. These Terms of Service are intended to make ASD the most efficient and profitable advertising program in the industry.
Viewing Incentive Program (V.I.P.)
Advertisers websites will be viewed through the VIP Program, available to Advertisers who choose to become ASD Members. Becoming an ASD Member is a separate activity from becoming an Advertiser, and is controlled by this Member Terms of Service.
ASD has an innovative VIP Program. A Member who is also an Advertiser can recoup a portion of their advertising costs by viewing 24 web sites of other Advertisers on a daily basis for 15 seconds each. A Member must also be an Advertiser with an “incentive qualified” ad package to earn incentive payments.
Sometime between 12:01 am and 9:00 am Central Standard Time (CST), ASD totals the number of ad package sales, banner ad sales, ebook sales and the commissions received from http://www.attractmarketingsystem for the previous day.
ASD multiplies the total of all these sales by 50%. ASD then divides this total by the total number of outstanding ad packages. This determines the amount to be paid per ad package. That amount will be multiplied by the number of ad packages in each Advertiser’s account and the total will be credited to his/her Member cash account on a daily basis. VIP incentive payments will show up in Member’s accounts after midnight EST. If a Member misses a day of viewing the required number of web sites, the Member does not earn any VIP incentives or leadership bonus for that day only.
Members will be paid VIP incentives based upon “incentive qualified” ad packages. An ad package remains “incentive qualified” for 150 days.
To maintain the stability of the program the daily VIP incentive payments will be capped at 8%. Any excess will go into a reserve account to be used when VIP incentive payments are extremely low. Five percent (5%) of ad package sales, banner ad sales and ebook sales on the Cash Generator will be placed in the reserve account to be used for the same purpose.
Your ad package will remain “incentive qualified” for 150 days.
Five percent will be placed in a reserve account to be paid out as a VIP incentive when needed.
Five percent will be used for contests and raffles.
Fifteen percent will be used for referral commissions.
Fourteen percent will be paid to various boards, trainers and designers.
Eleven percent will be used for administrative costs, customer support, hosting, site maintenance, advertising and profit.
A Member may pay a monthly membership fee and eliminate fees for cash outs, increase referral commissions and decrease the number of sites to view on a daily basis. The amount of your monthly membership fee determines the number of times you can *cash out each week, the amount of your referral commissions and the number of sites you must view each day to receive your VIP incentive payments.
If you do not pay a membership fee you will be paid a 3% referral commission on all of your personal sales only. Free members cannot earn commissions on second level ad package sales.
When you pay a $10.00 per month membership fee you earn a 5% referral commission on your personal sales and 3% on your second level sales. When you pay a $25.00 per month membership fee you earn a 7% referral commission on your personal sales and 4% on your second level sales. When you pay a $75.00 per month membership fee you earn a 10% referral commission on your personal sales and 5% on your second level sales. This can mean a tremendous amount of income to you and you decide which is better for you. All incentive payments and referral commissions can be changed at any time with a 10-day notice to Members. Any such notice will be sent by email to the email address you used to join as an Member.
*Cash out privileges are explained in the Cash out Section.
Ad Packages and Credits
All payments made to ASD are considered advertising purchases or membership fees, not investments or deposits of any kind. All sales are final. ASD does not guarantee any earnings, nor the continuation of the Referral Program or the VIP Program, in theie present or modified form.
Each ad package is $1.00 and is made up of 1 credit. Advertisers get 1 showing of their web site for each credit. The minimum ad purchase is $10.00. The minimum Member cash out is $10.00.
Advertisers who choose to become Members and participate in the VIP Program will receive 1 credit (1 showing of your web site) for each site you view. You must view 24 web sites each day for 15 seconds each to receive your daily incentive payment. Viewing 24 sites daily will provide you with enough credits to keep your web site showing every day.
Members can view a maximum of 72 web sites per day. This will enable the Member to keep 3 web sites showing on a daily basis. You can show one web site, view web sites and earn credits even as a free member.
Maximum Advertiser Ad Purchases
Advertisers may own a maximum of 9000 ad packages at $1.00 each at any one time for a total of $9,000.00.
Number of Web Sites that can be Advertised
Free Members can advertise 1 web site for 10 days. If you have purchased ad packages but you choose to not become a paying Member, you can advertise 3 web sites for as long as you have active ad packages. If you pay a membership fee of $10.00 per month you can advertise 3 web sites for as long as you have active ad packages. If you pay a membership fee of $25.00 per month you can advertise 4 web sites for as long as you have active ad packages. If you pay a membership fee of $75.00 per month you can advertise 5 web sites for as long as you have active ad packages.
Advertising and Promotion
To maintain the integrity of advertisers advertising the ASD Advertising Program, certain requirements and guidelines governing the advertising and promotion by ASD’s advertisers must be imposed. Misuse of the ASD name or logo and its affiliated products diminishes the goodwill of the Company, affects all ASD advertisers and is strictly prohibited.
1. Use of Authorized Promotional Materials: Only the materials that are made available directly by ASD may be used for advertising or promoting ASD. ASD will produce and offer for sale, at a reasonable price, materials that can be used to promote your business. No reproduction, personalization or modification of any of these ASD materials is allowed unless approved in writing by ASD. Members may not develop, publish, sell or distribute any ASD-related promotional materials they create. Any violation of this policy may result in termination of your membership.
2. Blind Ads: No radio or television advertising of any type is permitted without written permission of ASD. All print ads cannot include the name of ASD, it must be a blind ad.
3. Product Claims: ASD Members shall not represent any claim for any product or service that is not explained in ASD’s advertising material. ASD is only responsible for material printed or contained in ASD’s provided materials.
4. Business Cards/Stationery: ASD offers business cards and stationery through an approved independent vendor. Members may use the services of a printer of their choice, providing that ASD’s guidelines are followed. The ASD logo may be duplicated on the business card or stationery, but the words “Independent Contractor” must appear immediately after the logo. All that may be printed on the card is phone number(s), two lines of address, Member’s name, e-mail address and web address with your referral link or redirect address.
5. Business Names: ASD’s Members may not use the word AdSurfDaily within another business name.
6. Copyrights: ASD reserves ownership rights to the contents and design of all ASD’s published materials and web sites.
7. Telephone Calls: Members shall not answer the telephone “AdSurfDaily” or give an answer that creates an impression that he/she has reached the corporate office of ASD.
8. Prerecorded Telephone Solicitation Devices: ASD’s name or copyrighted material may not be used in automatic calling devices or “boiler room” operations to solicit ASD’s products or services.
9. Media Inquiries: ASD’s Members may not solicit coverage or publicity from the media regarding the ASD business, nor may they appear on radio or television talk shows to promote their ASD activities. If an ASD Member is contacted by the Media (radio, television, the press, or other), the contact should be referred to the ASD corporate office in order to maintain information accuracy and a consistent Company image.
All members are responsible for the following:
• Read our Frequently Asked Questions (FAQs)
• You must sign up with your own, unique email address.
• You must sign up with your own Virtual Money Debit Card, Alert-Pay or Ceptrust account.
• You must sign up with your own, unique IP address.
• You may not be sponsored by or receive 1st or 2nd-level referral commissions from anyone in your same household.
• In order to be an advertiser of ASD, you must have your own product, program or opportunity to advertise or have access to a website for which you are an authorized reseller with the right to advertise.
• If you have problems viewing ads, you must submit a support ticket the SAME day you have the viewing problem.
• If your “Home Page” or “History” page is not reflecting the proper credit, dates, incentive payments or commissions, you must submit a support ticket the SAME day the problem occurred.
• You must know the time zone and the cut off time for viewing web sites. You have twenty-four (24) hours to view twenty-four (24) web sites. A day at ASD begins at 12:01 a.m. CST and ends at 12:00 a.m. CST.
• You MUST be courteous to our administration staff at all times, regardless of any problems you are experiencing.
• When making an advertising purchase with any payment processor be sure to follow the process all the way through so that the purchase is reflected on your ASD account.
• You must be willing and able to receive emails from ASD as a requirement of your membership.
• Be aware that if you use @hotmail, @yahoo, @BellSouth or @MSN addresses, you may not always receive our emails because of their SPAM systems. If this occurs, please use a different email address or check your bulk mails. We never have problems with @gmail.
ASD’s services and materials may be used for lawful purposes only.
Spam: If you are found to have spammed, without warning, ASD reserves the right to disable or terminate your account immediately. All funds will be forfeited. ASD may impose a penalty for each spam policy violation. ASD also reserves the right to determine what violates this policy, in which case, any violation that occurs will result in account termination without refund of any monies.
Refusal of Service: ASD, at its sole discretion, reserves the right to refuse or cancel service to any Member or Advertiser. Violation of any polices, rules or regulations could result in a warning or possible account termination. Accounts may be terminated for any reason and without any prior notice to the Member or Advertiser. Accounts terminated due to policy violations will not be subject to refunds.
Each site Members who also choose to be Advertisers promote on ASD’s web site must comply with the following rules:
1. Web sites advertised must not have any pop-up windows, pop-in windows, downloads, redirects, Trojans or malicious code.
2. Web sites advertised must not be broken, under-construction, or slow-loading.
3. Web sites advertised must not contain the following themes: pornography, matchmaking, mail-order brides, religion, politics, goth, wicca, Satanism, war games and must not contain violent or inappropriate content. ASD reserves the right to determine unacceptable themes.
4. Do not promote your ASDCashGenerator referral page with the ASD rotator. Any sites submitted using ASD web site will be deleted.
5. We do not allow Rotators or URL Trackers of any kind.
6. We will accept sites in any language, but your largest target market is English.
If you break any of the above rules, your account will be deleted without notice and all funds will be forfeited.
Waiver: In keeping with these terms, I, the Member/advertiser, furthermore release and forever discharge and hold harmless AdSurfDaily, Inc. (ASD), it’s heirs, successors and assigns and employees from any liability, claims and or demands of any kind or nature either in law or in equity, which arise or hereafter arise from my advertising purchases.
The Member agrees that it will protect, indemnify, save and hold ASD harmless from any and all liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against ASD, its agents, officers, employees and administration that may arise or result from any service provided or performed or agreed to by any product sold by its advertisers or customers, agents, employees or assigns. Member agrees to defend, indemnify and hold ASD harmless against liabilities arising out of, but not limited to, (1) any injury to person or property caused by any products sold or distributed by Member/advertiser and advertised on ASD web site, (2) any material furnished by advertiser infringing or allegedly infringing on the rights of a third party, (3) copyright violation and any defective products sold to a customer from the ASD web site.
Cash Outs and Upgrades:
Cash outs are typically completed within forty-eight (48) hours after a cash out request. There will not be any cash outs paid on Saturday, Sunday or Holidays. The minimum cash out is $10.00 and the minimum upgrade is $10.00.
If you do not pay a membership fee you can cash out only on Mondays but you must pay a cash out fee. There is a cash out fee if you do not pay a monthly membership fee. The fee depends upon your payment processor or the method of your cash out.
If you pay a monthly membership fee, ASD will not charge you a fee up and above the fee charged by your payment processor. If you pay a $10.00 per month membership fee, you can cash out your incentive payments every Monday without paying a fee to ASD over and above the fee charged by your payment processor. If you pay a $25.00 per month membership fee, you can cash out your incentive payments every Monday, Wednesday and Friday without a fee from ASD. You will only pay the fee charged by your payment processor. The same applies if you pay a $75.00 per month membership fee, you can cash out your incentive payments and upgrade daily without a fee from ASD, you will only pay the fee from your payment processor. If you pay a membership fee you will not be charged a cash out if you request to be paid by ASD’s check or bank transfer.
You need to manually request any cash outs from your account. You will get paid only to the payment processor from which you purchased Ad Packages or via ASD’s Visa Debit Card Account Programs.
If you have bought Ad Packages with more than one payment method, you will be asked to select the account to which your cash outs can be paid. You may request to be paid by a check from ASD or by a bank transfer. When ASD request a bank transfer online, it usually takes 2 or 3 days to go through the banking system. It is not an instant transaction.
We reserve the right to assess fees as per our Fee Schedule. All fees are displayed and calculated in US Dollars.
You understand that you will need a valid e-mail address for communication purposes, and you agree to maintain the e-mail address provided on the release form attached to this agreement so long as you use the services of ASD. If you have a change in your e-mail address, you agree to notify ASD of these changes before further using the Service offered by ASD.
If you open an ASD account, you hereby consent to receive periodic newsletters and other types of e-mail communications from ASD, including customer service issues, new product offers and other matters. We reserve the right to e-mail you at any time regarding issues related to your account and your use of your ASD account.
You agree to and understand the full Terms of Service of ASD, and you agree to and understand that ASD has the right to terminate your account for any violations of the terms to which you have agreed, and all your funds would be forfeited.
You agree that all transactions involving your ASD account are final and not reversible, and you understand that there is no refund available after completing a transaction.
You agree that you are liable for any transactions made from your account, and you agree to indemnify, defend and hold harmless ASD for any transaction of whatsoever nature processed from your account.
You agree that you will not file a chargeback with your credit card company or bank account against ASD, and if you do file a chargeback, your account will be terminated and all funds in your ASD account will be forfeited and you will be banned from using the services of ASD in the future.
You acknowledge and accept that in the case of a claim of unauthorized transactions, the presumption shall be that all transactions are authorized by you and are your liability.
ASD agrees to not share your personal information with any third parties other than authoritative officials with authoritative rights. We will not surrender any of your information unless a court order and/or a Subpoena and/or a Protective Order is presented to us, and then we will abide by the laws of the United States and surrender your information only to the proper authorities who have the legal rights to said information. We view protection of Members and Advertisers’ privacy as a very important principle. We store and process your personal information on computers located in the United States and elsewhere as we deem necessary that are protected by physical as well as technological security devices.
Nothing contained on http://www.ASDcashgenerator.com should be understood as granting you a license to, but not limited to, use any of the trademarks, service marks, or logos owned by ASD or by any third party.
You must not divulge your password to anyone else, nor may you use anyone else’s password. You agree that ASD will treat any person accessing your account using your password as you, and you understand and agree that any action taken by any person using your password shall be binding on you and all other parties involved in said action.
ASD is not responsible for any losses incurred by you as the result of the misuse of your password.
In order to use the service, you must register for a ASD account at w.ASD cashgenerator You may hold one ASD account, and this may be used for business or personal transactions. Our services are only available to individuals or businesses that can form legally binding contracts under applicable law.
If you are an international Advertiser, you warrant that you are violating no law or regulation in your jurisdiction or any other jurisdiction by advertising with ASD.
We are not an escrow service, and we make no guarantee of a product or service or the quality of a product or service you may receive from another Advertiser after purchasing it through http://www.ASDcashgenerator.com account as we are not the person selling the product or service. If you have a complaint about the product or quality of the product, you agree to contact the Advertiser from whom you purchased the product or service and indemnify, defend and hold harmless ASD. We do not and cannot ensure the quality, safety, or legality of any merchandise received, nor that the seller will even ship the merchandise.
We agree to initiate ACH (Automated Clearing House) transfers to and from your bank account only after you request the transaction through your ASD account, and we agree that the transaction will only be for the amount you request, less any applicable fees as found in our Fee Schedule on (the ASD Site) or additional standard transactional banking or other appropriate standard transactional fees.
WE AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. ASD shall make reasonable efforts to ensure that requests for all payments and cash outs are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
ASD will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to events beyond its control (acts of God). The obligations of this contract precede any government enactment.
We have the right to refuse service to particular individuals or entities, at our sole discretion, with or without cause.
We will suspend or re-activate a ASD account, if ordered to do so by an Order from a court or arbitration body of acceptable jurisdiction, as determined by ASD.
Solely to enable ASD to use the information with which you supply us, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have stored in your ASD account, in any media now known or not currently known, with respect to the information you have provided to ASD.
ASD and all related logos, products and services described in this website are either trademarks or registered trademarks of ASD., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of ASD. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ASD and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ASD.
Notwithstanding the above, HTML logos or website payments features may be used without prior written consent for the purpose of directing web traffic to ASDcashgenerator.com. These logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to ASD. Logos may not be displayed in any manner that implies sponsorship or endorsement by ASD. ASD is an advertising company, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You agree that you will not use any device, software or routine to interfere with the proper working of the site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to ASD by our Advertisers or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for your personal information) from our web site without the prior expressed written permission of ASD or the appropriate third party. If you use, or attempt to use our web site for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of our site, your account will be terminated, your available funds will be forfeited, and you will be subject to damages and other penalties.
You may close your account at any time by submitting a ticket using our support system on http://www.ASDcashgenerator.com with the appropriate topic title: Close Account. Upon the termination of an account, any and all pending transactions will be cancelled and all unclaimed incentive payments and referral payments are forfeited. You will remain liable for all obligations related to your account even after such account is closed.
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account’s functions (including but not limited to the ability to send money or making withdrawals from an account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if:
You breach this Agreement or the documents it incorporates by reference.
We are unable to verify or authenticate any information you provide to us.
We believe that your account or activities pose a significant credit or fraud risk to us or the public.
We believe that your actions may cause financial loss or legal liability for you, our Advertisers or us.
To secure your performance of this Agreement, you grant to ASD a lien on and security interest in your account.
You may not transfer any rights or obligations you may have under these Terms of Service without the prior written consent of ASD. ASD reserves the right to transfer these Terms of Service or any right or obligation under these Terms of Service without your consent.
You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. ASD is not responsible to establish your legal right to use our services. Such requirements rest entirely on the Advertiser. Earnings over $600 per year will be reported to the IRS for US residents.
Any controversy or claim arising under or related to these Terms of Service shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association before a single arbitrator appointed by mutual consent of the parties to these Terms of Service. The language of the arbitration shall be English.
These Terms of Service are governed by the laws of Costa Rica, except that Louisiana Advertisers may choose Louisiana law.
In the event that any provisions of these Terms of Service shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of these Terms of Service shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.
You agree that this Agreement and all incorporated agreements may be automatically assigned by ASD, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding between us with respect to the subject matter hereof.
The Services are offered by AdSurfDaily,Inc. located currently at 13 S. Calhoun St., Quincy, FL 32351.
Disputes between you and ASD regarding our Services may be reported to Customer Support using our online ticket system at any time, or by calling (850) 627-2206. Our return phone calls will only be between the hours of 8 AM and 5 PM Eastern Standard Time.
If you do not abide by these terms and conditions, ASD has the option to terminate your account immediately.
ASD reserves the right to change the terms and conditions of this site and Agreement at any time.