Livin' Large with XY7.com: Affiliate Rewards Program

Rules, Rules, Guidelines, Terms and Conditions

PLEASE READ CAREFULLY. By reviewing these Rules, Guidelines, Terms and Conditions and by enrolling in the "Livin' Large with XY7.com" Affiliate Rewards Program, you agree to the following Rules, Guidelines, Terms and Conditions governing the "Livin' Large with XY7.com" Affiliate Rewards Program.

This promotion begins at 12:00 AM, May 15, 2006 and is scheduled to end at 12:00 AM, May 15, 2007. XY7.com reserves the right to shorten, extend, modify or cancel this Rewards Program, with respect to any particular affiliate, at its discretion, at any time and without notice; provided, however, that any affiliate requesting an extension must do so in writing and must mail such request by certified mail, return receipt requested.

To participate in the "Livin' Large with XY7.com" Affiliate Rewards Program you must be an individual at least 18 years of age. You must be an affiliate of XY7.com to enroll and qualify to participate in this Rewards Program. Current XY7 affiliates need to do nothing they are automatically entered. Individuals wanting to become an XY7 affiliate please go to www.xy7.com and sign up.

It is required that affiliate enrollees establish and maintain only one account and that said account must be registered to your registered and unique affiliate e-mail address. XY7.com reserves the right to disqualify any or all participants utilizing duplicate accounts. If you would like to merge 2 accounts please contact billing@xy7.com

Once enrolled, enrollees may not combine or transfer sales or commissions with others enrollees. In addition, Enrollees may not combine sales or commissions obtained by others into a single Enrollee account; nor transfer, sell or otherwise dispose of sales or commissions in violation or attempted subversion of these Terms and Conditions. XY7.com reserves the right to take any other and additional actions it deems appropriate in its sole discretion in the event XY7.com believes that an Enrollee or Enrollees have violated this provision.

Any affiliate disqualified from the network for fraud, spamming or any other violation of federal Law or our Affiliate User Policy, http://www.xy7.com/terms.html , will forfeit their prize.

Winning parameters are as follows:
Total amount paid to affiliate from May 15th 2006 to May 15th 2007

Tier One: The Porsche: Affiliate sales must equal or exceed $3,000,000.00

Tier Two: The BMW's: Affiliate sales must equal or exceed $5,000,000.00.

Tier Three: The Ferrari: Affiliate sales must equal or exceed $7,500,000.00. or The Lamborghini: Affiliate sales must equal or exceed $7,500,000.00.

Tier Four: The Luxury Affiliate sales must equal or exceed $10,000,000.00. Las Vegas Residence:

The respective winning registered affiliate name listed on the corresponding affiliate account will be the recipient of the designated prize. Ties go to the highest producing affiliate in any given tier.

Winners may opt to receive the fair market cash value of a prize in lieu of the prize itself. Said option must be exercised at least 30 days prior to delivery of winners prize; and said option must be communicated to XY7.com in writing.

Any and all taxes levied on prizes will be paid by, and be the sole responsibility of, the prize winner. All transportation, shipping and handling costs associated with delivery of any given prize will be paid by, and be the sole responsibility of, the prize winner.

Winners agree to let Rapid Response Marketing, L.L.C. and XY7.com use their name and pictures in advertisements throughout 2007 and 2008 via online and offline mediums. Affiliates must adhere to all Terms and Conditions agreed to when signing up as a publisher/affiliate of XY7.com.

If any unforeseen event beyond the control of Rapid Response Marketing LLC or XY7.com prevents Rapid Response Marketing LLC or XY7.com from performing it's obligations under this Rewards Program, then Rapid Response Marketing L.L.C or XY7.com shall not be liable for any loss or claim to any affiliate. Examples of such cause or causes are acts of God, war, weather, fire, strikes, acts of terrorism, natural disasters or similar causes affecting our external suppliers.

XY7.com is not responsible for incorrect or inaccurate transcription of information; or for problems related to any of the equipment or programming associated with the Rewards Program or utilized by the Enrollee; or for any human error; or for any interruption, deletion, omission, defect or line failure of any telephone network or electronic transmission; or for problems relating to computer equipment, software, inability to access the Website or online service; or for any other technical or non-technical error or malfunction.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL XY7.COM AND ITS RESPECTIVE COMPANIES, INCLUDING IT'S PARENT COMPANY, SUBSIDIARIES, AFFILIATES AND RESPECTIVE AGENTS, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THIS REWARDS PROGRAM HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENCIAL DAMAGES ARISING OUT OF THIS REWARDS PROGRAM; EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.

As a condition of participating in the Rewards Program, Enrollee agrees that any and all disputes, claims and causes of action arising out of or connected with this Rewards Program, or any rewards connected with this Rewards Program, shall be resolved individually; and without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Las Vegas, Nevada. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; excluding attorney's fees and costs associated with participating in this Rewards Program. Under no circumstances will Enrollee be permitted to seek recovery for, and Enrollee hereby and expressly waives, all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses. Enrollee expressly waives any and all rights to have damages multiplied or otherwise increased.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, XY7.COM AND ITS RESPECTIVE COMPANIES, INCLUDING IT'S PARENT COMPANY, SUBSIDIARIES, AFFILIATES AND RESPECTIVE AGENTS, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THIS REWARDS PROGRAM SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Enrollees agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this program.

All issues and questions concerning the construction, validity, interpretation and enforceability of the foregoing Rules, Guidelines, Terms and Conditions or of the rights and obligations of Enrollee and XY7.com in connection with this Rewards Program, shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules or provisions, (whether of the State of Nevada or any other jurisdiction), that would cause the application of the laws of any other jurisdiction other than the State of Nevada.

If any provision of the foregoing Rules, Guidelines, Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be severed from the remainder of these Rules, Guidelines, Terms and Conditions which shall otherwise remain in full force and effect.

These Rules, Guidelines, Terms and Conditions constitute the entire agreement between the Enrollees and XY7.com as pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Rules, Guidelines, Terms and Conditions shall be deemed or shall constitute a waiver of any other provision hereof, (whether or not similar); nor shall any waiver constitute a continuing waiver unless otherwise expressly provided in writing.

XY7 is a Division of Rapid Response Marketing, L.L.C. Our mailing address is 7500 West Lake Mead Blvd., Suite 9463, Las Vegas, Nevada, 89128; or you may contact us at: XY7.com. (INSERT LINK) Rapid Response Marketing LLC has been an Internet Marketing and affiliate partnership since 1999. Please contact our Legal Department at legal@XY7.com, if you have any questions.

Updated on 9-28, 2006.