STATEMENT OF POLICIES AND PROCEDURES
Effective February 13, 2017
SECTION 1 – INTRODUCTION
1.1 CODE OF ETHICS
1.2 POLICIES INCORPORATED INTO AFFILIATE AGREEMENT
1.3 CHANGES TO THE AFFILIATE AGREEMENT, POLICIES AND PROCEDURES, OR COMMISSION PLAN
1.5 POLICIES AND PROVISIONS SEVERABLE
SECTION 2 –BECOMING A AFFILIATE
2.1 REQUIREMENTS TO BECOME AN AFFILIATE
2.2 NEW AFFILIATE REGISTRATION BY INTERNET OR FACSIMILE
2.3 AFFILIATE BENEFITS
2.4 TERM AND RENEWAL OF AN ADBARKIT BUSINESS
SECTION 3 – INCOME DISCLOSURE POLICY
SECTION 4 – ADVERTISING
4.1 ADHERENCE TO THE ADBARKIT COMMISSION PLAN
4.2 USE OF SALES AID
4.3 INTELLECTUAL PROPERTY
4.4 WEB POLICY
4.5 DOMAIN NAMES AND EMAIL ADDRESSES
4.6 ADVERTISED PRICE
4.7 GENERIC BUSINESS ADVERTISEMENTS
4.8 MEDIA AND MEDIA INQUIRIES
4.9 UNSOLICITED EMAIL AND FAX COMMUNICATION
SECTION 5 –OPERATING AN ADBARKIT BUSINESS.
5.1 - BUSINESS ENTITIES
5.1.1 Changes to a Business Entity
5.1.2 Change of Referrer
5.1.3 Change of Placement
5.2 UNAUTHORIZED CLAIMS AND ACTION
5.2.2 Endorsement of AdBarkIt Services
5.3.2 Sale of Competing Goods Or Services
5.3.3 Targeting Other Direct Sellers
5.3.4 Privacy and Confidentiality
5.3.5 The Data Management Rule
5.4 CROSS REFERRING
5.5 GOVERNMENTAL APPROVAL OR ENDORSEMENT
5.7 INCOME TAXES
5.8 INDEPENDENT CONTRACTOR STATUS
5.9 BONUS BUYING
5.11 ONE ADBARKIT BUSINESS PER AFFILIATE
5.13 SALE, TRANSFER, OR ASSIGNMENT OF AN ADBARKIT BUSINESS
5.14 SEPARATION OF AN ADBARKIT BUSINESS
6 RESPONSIBILITIES OF AFFILIATES
6.1 CHANGE OF ADDRESS, TELEPHONE NO., EMAIL-ADDRESS
6.2 REFERRER AFFILIATE RESPONSIBILITIES
6.2.1 Initial Training
6.2.2 Ongoing Training Responsibilities
6.4 REPORTING POLICY VIOLATIONS
7 AUTOMATIC BILLING
8 BONUSES AND COMMISSIONS
8.1 BONUS AND COMMISSION QUALIFICATIONS
8.2 ERRORS OR QUESTIONS
8.3 BONUS BUYING PROHIBITED
8.5 REFUND POLICY
9 DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 DISCIPLINARY SANCTIONS
9.4 GOVERNING LAW, JURISDICTION, AND VENUE
10 EFFECT OF CANCELLATION
10.1 EFFECT OF CANCELLATION AND TERMINATION
STATEMENT OF POLICIES AND PROCEDURES
Effective February 13, 2017
SECTION 1 – INTRODUCTION
1.1 - Code of Ethics
AdBarkIt (hereafter “AdBarkIt” or “the Company”) is a values-based company that prides itself on the quality and character of its Affiliates (hereinafter “Affiliate”). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every AdBarkIt Affiliate is expected to practice the following ethical behavior when acting in the name of the company:
A. I will be respectful of every person I meet while doing AdBarkIt related business.
B. At all times, I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
C. I will not engage in activities that would bring disrepute to AdBarkIt, any AdBarkIt corporate officer or employee, myself or other Affiliates.
D. I will not make discouraging or disparaging claims toward other AdBarkIt Affiliates. I will ensure that in all AdBarkIt business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
E. I will provide support and encouragement to my Customers to ensure that their experience with AdBarkIt is a successful one. I understand that it is important to provide follow-up service and support to my Downline.
F. I will correctly represent all the commission/bonus plans available through AdBarkIt and the income potential represented therein. I understand I may not use my own income as an indication of others’ potential success, or use commission checks as marketing materials. I further understand that I may only disclose my AdBarkIt income to recruit a potential Affiliate(s) after I have given a copy of the Income Disclosure Statement to the potential Affiliate(s).
G. I will abide by all of AdBarkIt’s Policies & Procedures now and as they may be amended in the future.
1.2 - Policies Incorporated into Affiliate Agreement
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of AdBarkIt, are incorporated into, and form an integral part of, the AdBarkIt Affiliate Agreement (hereafter “Affiliate Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the AdBarkIt Affiliate Agreement, these Policies, and the AdBarkIt Commission Plan. These documents are incorporated by reference into the Affiliate Agreement (all in their current form and as amended by AdBarkIt). It is the responsibility of each Affiliate to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When referring a new Affiliate, it is the responsibility of the referring Affiliate to provide the most current version of these Policies and Procedures prior to his or her execution of the Affiliate Agreement.
1.3 - Changes to the Affiliate Agreement, Policies and Procedures, or Commission Plan
Because federal, state, and local laws, as well as the business environment, periodically change, AdBarkIt reserves the right to amend the Agreement and the prices in its AdBarkIt Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official AdBarkIt Materials. Amendments shall be effective upon publication in Official AdBarkIt Materials, including but not limited to, posting on AdBarkIt’s website, e-mail distribution, publication in AdBarkIt’s newsletter, product inserts, or any other commercially reasonable method. The continuation of a Affiliate’s AdBarkIt business or a Affiliate’s acceptance of commissions or bonuses constitutes acceptance of any and all amendments. The ability to modify the agreement does not extend to the dispute resolution section in these Policies (Section 9), as those provisions can only be modified by way of mutual consent.
1.4 - Delays
AdBarkIt shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood, death curtailment of a party’s source of supply, or government decrees or orders.
1.5 –Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed, and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of AdBarkIt to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of AdBarkIt’s right to demand exact compliance with the Agreement. Waiver by AdBarkIt can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 – BECOMING A AFFILIATE
2.1 - Requirements to Become a Affiliate
To become an AdBarkIt Affiliate, each applicant must:
A. Be of the age of majority in his or her state of residence;
B. Reside in the United States or other countries, which have been officially opened by AdBarkIt;
C. Have a valid Social Security Number or Federal Tax Identification Number;
D. Submit a properly completed and signed Affiliate Agreement to AdBarkIt via electronically or fax.
2.2 - New Affiliate Registration by the Internet
A prospective Affiliate may self-enroll on the Referrer’s web site. In such event, instead of a physically signed
Affiliate agreement, AdBarkIt will accept the agreement by accepting the “electronic signature” stating the new Affiliate has accepted the terms and conditions of the Affiliate Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Affiliate and AdBarkIt.
2.3 - Affiliate Benefits
Once a Affiliate Agreement has been accepted by AdBarkIt, the benefits of the Commission Plan and the
Affiliate Agreement are available to the new Affiliate. These benefits include the right to:
A. Sell AdBarkIt services;
B. Participate in the AdBarkIt Commission Plan (receive commissions and bonuses, if eligible);
C. Refer other individuals as customers or Affiliates into the AdBarkIt business and thereby build an organization and progress through the AdBarkIt Commission Plan;
D. Receive periodic AdBarkIt literature and other AdBarkIt communications;
E. Participate in AdBarkIt-sponsored support service training, motivational and recognition functions; and
F. Participate in promotional and incentive contests and programs sponsored by AdBarkIt for its Affiliates.
2.4–Terms and Renewal of an AdBarkIt Business
An Affiliate must renew their Affiliate status monthly by submitting a fee of $12.99. This payment is due on the first of every month. If the Affiliate allows his or her business to expire due to nonpayment of the renewal fee, the Affiliate will lose any and all rights to his or her Downline organization unless the Affiliate re-activates within sixty (60) days following the expiration of the agreement.
If the former Affiliate re-activates within the 60-day time limit, the Affiliate will resume the rank and position held immediately prior to the expiration of the Affiliate agreement. However, such Affiliate’s paid as level will not be restored unless he or she qualifies at that payout level in the new month. The Affiliate is not eligible to receive commissions for the time period that the Affiliate’s business was expired.
Any Affiliate whose agreement has expired and lapsed the 60-day grace period is not eligible to reapply for an AdBarkIt business for twelve (12) months following the expiration of the Affiliate agreement.
Any Affiliate terminated by AdBarkIt may not reapply to do business for 12 months from their termination date.
The Downline of the expired Affiliate will roll up to the immediate, active Upline Referrer.
SECTION 3 – INCOME DISCLOSURE POLICY
In an effort to conduct best business practices, AdBarkIt has developed the Income Disclosure Statement (“IDS”). The AdBarkIt IDS is designed to convey truthful, timely, and comprehensive information regarding the income that AdBarkIt Affiliates earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Affiliates.
A copy of the IDS must be presented to a prospective Affiliate (someone who is not a party to a current AdBarkIt Affiliate Agreement) anytime the Commission Plan is presented or discussed, or any type of income claim, or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Affiliate earned over a million dollars last year” or “Our average ranking Affiliate makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Affiliates is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”
In any meeting that is open to the public in which the Commission Plan is discussed, or any type of income claim is made, you must provide every prospective Affiliate with a copy of the IDS. Copies of the IDS may be printed or downloaded without charge from the company website.
SECTION 4 – ADVERTISING
4.1 - Adherence to the AdBarkIt Commission Plan
Affiliates must adhere to the terms of the AdBarkIt Commission Plan as set forth in Official AdBarkIt Materials. Affiliates shall not offer the AdBarkIt opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official AdBarkIt Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to participate in AdBarkIt in any manner that varies from the program as set forth in Official AdBarkIt Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract other than official AdBarkIt agreements and contracts in order to become an AdBarkIt Affiliate. Similarly, Affiliates shall not require or encourage other current or prospective customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the AdBarkIt Commission Plan other than those purchases or payments identified as recommended or required in Official AdBarkIt Materials.
4.2 - Use of Sales Aids
To promote both the services and the opportunity AdBarkIt offers, Affiliates must use the sales aids and support materials produced by AdBarkIt. If AdBarkIt Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting an AdBarkIt business. These violations, although they may be relatively few in number could jeopardize the AdBarkIt opportunity for all Affiliates. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of AdBarkIt and its services. The marketing and promotion of AdBarkIt, the AdBarkIt opportunity, the Commission Plan, and AdBarkIt services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.3 -Intellectual Property
AdBarkIt will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including AdBarkIt Affiliates, without prior written authorization from AdBarkIt. Furthermore, no Affiliate may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Affiliate without prior written consent from the named Affiliate. This consent must be on file with AdBarkIt’s Compliance department prior to any use.
4.4 –Web Policy
If a Affiliate desires to utilize an Internet web page to promote his or her business, he or she may do so through Company authorized services only.
It is your obligation to ensure your online marketing activities are truthful, are not deceptive and do not mislead customers or potential Affiliates in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will not be allowed. This may include representation in any manner that you are an authorized representative for AdBarkIt, spam linking (or blog spam), unethical search engine optimization (SEO) tactics, misleading click-through ads (i.e., having the display URL of a PPC campaign appear to resolve to an official AdBarkIt Corporate Site when it goes elsewhere), unapproved banner ads, and unauthorized press releases. AdBarkIt will be the sole determinant of truthfulness as to whether specific activities are misleading or deceptive.
B. Domain Names, email Addresses and Online Aliases
You cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from or is the property of AdBarkIt by showing up as the sender of an email.
Examples of the improper use include but are not limited to:
AdBarkIt@msn.com; www.AdBarkItDirect.com; www.facebook.com/AdBarkIt or derivatives as described herein.
Examples of permitted URLs, email addresses, and online aliases might appear as follows:
Determinations as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of AdBarkIt. If you have a question whether your chosen name is acceptable, you may submit it to compliance@AdBarkIt.com, for review before use.
C. Approved Affiliate Websites
The term Affiliate Website refers to the Affiliate website offered by AdBarkIt or an approved vendor to affiliates. The term Social Media website refers to any site that is not specifically prohibited within the terms and conditions of this Agreement, such as Facebook.com, MySpace.com, Twitter.com, YouTube.com, personal blogs or other personal websites.
D. Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or promote specific AdBarkIt services. You may use online classifieds (including Craigslist) for prospecting, referring, and informing the public about the AdBarkIt opportunity provided you follow the other requirements of this agreement such as identifying yourself as an independent representative of AdBarkIt, only using approved images and versions of any trademarked
logos and without using fraudulent or misleading product or income claims. If a link or URL is provided, it must link to your Affiliate Website or your Social Media website.
E. Online Retailing
Approved affiliate websites are intended to provide Affiliates with the tools and means for generating leads, prospecting business, communicating with others, selling products and services, and otherwise advancing your AdBarkIt business. You may not sell AdBarkIt services on any other online retail store or ecommerce site, nor may you enlist or knowingly allow a third party (customer) to sell AdBarkIt products on any online retail store or ecommerce site.
Social Media sites such as Facebook may also be used to promote your AdBarkIt business. You must provide approved AdBarkIt links to your Affiliate replicated website for sales and order processing. All online sales of AdBarkIt products must take place and be produced through the Affiliate Replicated website (or corporate site).
F. Banner Advertising
You may place banner advertisements on a website provided you use AdBarkIt-approved templates and images. All banner advertisements must link to your Affiliate Website. You may not use blind ads or web pages that make non-compliant product or income claims that are ultimately associated with AdBarkIt products or the AdBarkIt business opportunity.
G. Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books etc. must be unique, informative and relevant.
H. Social Networking Sites
You may use social networking websites (Facebook, MySpace, LinkedIn, blogs, forums and other social shared interest sites) to share information about the AdBarkIt product, mission and business opportunity and for prospecting and referring. However, these sites may not be used to sell or offer to sell specific AdBarkIt services.
Profiles you generate in any social community where you mention or discuss AdBarkIt must clearly identify you as an AdBarkIt Independent Affiliate and must appear as described herein. When you participate in those communities you must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at AdBarkIt's sole discretion and offending Affiliates will be subject to disciplinary action and/or termination.
You agree that you will immediately take down a non-compliant site at the request of AdBarkIt. Appeals regarding compliance may be submitted after the site has been taken down. Appeals should be directed to the email address set forth in the policy addressing dispute resolutions.
I. Sponsored Links / Pay-Per-Click (PPC) Ads
Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to your Affiliate Website. The display URL must also be to your Affiliate Website and must not portray any URL that could lead the user to assume they are being led to an AdBarkIt Corporate site or be inappropriate or misleading in any way.
J. External Websites
You are allowed external websites to promote your AdBarkIt business and the AdBarkIt opportunity. If you wish to use an external website, you must do the following: a.) Identify yourself as an Independent Affiliate for AdBarkIt.
b.) Use only the approved images and wording authorized by AdBarkIt.
c.) Adhere to the branding, trademark, and image usage policies described in this document.
d.) Agree to modify your website to comply with current or future AdBarkIt policies.
You are solely responsible and liable for your own website content, messaging, claims, and information and must ensure your website appropriately represents and enhances the AdBarkIt brand and adheres to all AdBarkIt guidelines and policies. Additionally, your website must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at AdBarkIt’s sole discretion. You are encouraged to use the approved AdBarkIt images that are available through the business suite.
K. AdBarkIt Affiliate Image Mandate
When using a Social Media or external website it must contain:
a.) An AdBarkIt Affiliate Logo from the approved templates.
b.) Your Name and Title (example: Jack Jones, Independent Affiliate, AdBarkIt).
c.) A link to your Affiliate Replicated website.
Although AdBarkIt brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an Independent Affiliate site, and not an AdBarkIt Corporate page.
4.6 - Advertised Price
You may not advertise any of AdBarkIt’s services at a price LESS than the highest company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.
4.7 - Generic Business Advertisements
If you advertise via newspaper or other advertising venues, the following rules apply:
A. No advertisement may imply that a job, position, salary, or any type of employment is allowed.
B. No advertisement may promote, represent, or imply salaried positions, management positions, hourly wages, full or part-time employment, or guaranteed incomes. The AdBarkIt opportunity is not a job and
may not be presented as such. Terms such as “manager trainee,” “management positions available,” “travel provided,” “call for interview,” “positions available,” “now hiring,” and other misleading statements are not allowed.
C. No specific income can be promised or implied, and any references to compensation must use the word “commissions” to indicate the independent contractor status of Affiliates.
D. Advertisements may not contain references to AdBarkIt or its services and may not use any of AdBarkIt’s trademarks or trade-names.
Any requests for variances from the above rules must be submitted to AdBarkIt and approved in writing prior to publication. Please direct any inquiries to compliance@AdBarkIt.com, or by fax to the attention of the Compliance department at.
4.8 -Media and Media Inquiries
Affiliates must not initiate any interaction with the media or attempt to respond to media inquiries regarding AdBarkIt, its services, or their independent AdBarkIt business. All inquiries by any type of media must be immediately referred to AdBarkIt’s Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.9 - Unsolicited Email and Fax Communication
AdBarkIt does not permit Affiliates to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by a Affiliate that promotes AdBarkIt, the AdBarkIt opportunity, or AdBarkIt services, must comply with the following:
A. There must be a functioning return email address to the sender.
B. There must be a notice in the email that advises the recipient that they may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
C. The email must include the Affiliate’s physical mailing address.
D. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
E. The use of deceptive subject lines and/or false header information is prohibited.
F. All opt-out requests, whether received by email or regular mail, must be honored. If a Affiliate receives an opt-out request from a recipient of an email, the Affiliate must forward the opt-out request to the Company. AdBarkIt may periodically send commercial emails on behalf of Affiliates. By entering into the Affiliate Agreement, Affiliate agrees that AdBarkIt may send such emails and that the Affiliate’s physical and email addresses will be included in such emails as outlined above. Affiliates shall honor opt-out requests generated because of such emails sent by AdBarkIt. Except as provided in this section, Affiliates may not use or transmit unsolicited faxes or use an automatic telephone dialling system relative to the operation of their AdBarkIt businesses.
SECTION 5 – OPERATING AN ADBARKIT BUSINESS.
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be an AdBarkIt Affiliate by submitting an AdBarkIt Affiliate Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to AdBarkIt. An AdBarkIt business may change its status under the same Referrer from an individual to a partnership, corporation or trust or from one type of entity to another. To do so, the Affiliate(s) must provide the Entity Documents to AdBarkIt. The AffiliateApplication must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to AdBarkIt.
5.1.1 - Changes to a Business Entity
Each Affiliate must immediately notify AdBarkIt of any changes to the type of business entity they utilize in operating their AdBarkIt business, and the addition or removal of business associates. An AdBarkIt business may change its status under the same Referrer from an individual to a partnership, corporation or trust, or from one type of entity to another. The Affiliate Agreement form must be signed by all the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to AdBarkIt.
5.1.2 - Change of Referrer
To protect the integrity of all marketing organizations and safeguard the hard work of all Affiliates, AdBarkIt rarely allows changes in Referrers, with the rare exception of direct line changes (meaning placement is not affected). A direct line change request must be made by submitting a completed Referrer Change Request Form within a seven (7) day period from the date of enrollment and must come from the current listed Referrer.
5.1.3 - Change of Placement
A request for change of placement must be submitted within seven (7) days of the date of enrollment and must be requested by the current listed Referrer. A Affiliate can only be moved inside of the same Referrer’s organization. If approved, a Affiliate is placed in the first available open bottom position on the date that the change is made. Affiliates who have earned commissions or achieved rank are not eligible for placement changes. Please note that decisions made for any change request (Referrer or placement) are at the sole discretion of AdBarkIt.
5.2 - Unauthorized Claims and Action
5.2.1 - Indemnification
An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding AdBarkIt services and the Commission Plan, which are not expressly contained in Official AdBarkIt Materials. Affiliates agree to indemnify AdBarkIt and hold it harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by AdBarkIt as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of the Affiliate Agreement.
5.2.2 –Endorsements of AdBarkIt Services
No claims as to any services offered by AdBarkIt may be made except those contained in Official AdBarkIt
5.3 - Conflicts