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Terms and Conditions

MARKERMAN PRODUCTIONS® AGREEMENT

The MARKERMAN PRODUCTIONS® Agreement is a legal document that details your rights and obligations as a MARKERMAN PRODUCTIONS® member. You cannot become a MARKERMAN PRODUCTIONS® Member until you have accepted the terms of the Member Agreement. The Member Agreement provides very important information about your MARKERMAN PRODUCTIONS® membership, so you should take the time to read and understand it. If you have questions about the Member Agreement, or about your rights and responsibilities as a MARKERMAN PRODUCTIONS® member, please contact us by e-mail by clicking here. You should also take the time to review the MARKERMAN PRODUCTIONS® Privacy Policy and the MARKERMAN PRODUCTIONS® Guidelines which reflect MARKERMAN PRODUCTIONS's current policies. The Internet and online world is changing rapidly and as technology and MARKERMAN PRODUCTIONS's business continue to evolve, these policies may have to be updated or revised. For the same reasons, it may be necessary for MARKERMAN PRODUCTIONS® to update or revise certain provisions of the Member Agreement. By joining MARKERMAN PRODUCTIONS® and accepting the Member Agreement you agree that MARKERMAN PRODUCTIONS® may change the terms of this Member Agreement. If MARKERMAN PRODUCTIONS® makes material changes or revisions to the Member Agreement, we will provide notice to you thirty days in advance. If you don't agree to the changes proposed by MARKERMAN PRODUCTIONS, or to any of the terms in this Member Agreement, your only remedy is to cancel your MARKERMAN PRODUCTIONS® membership.

THE BASICS OF YOUR MARKERMAN PRODUCTIONS® MEMBERSHIP

This Agreement is your entire agreement with MARKERMAN PRODUCTIONS® and governs your use of the MARKERMAN.COM Internet online service. There may be additional terms and conditions. To access the MARKERMAN.COM service you must accept the terms of this Agreement and comply with these MARKERMAN PRODUCTIONS® Community Guidelines. To be a MARKERMAN PRODUCTIONS® member, you must be at least 18 years old. If you are not yet 18 years old, you may still use MARKERMAN.COM, but only if the account was created and registered by your parent or guardian. Because we give out free guest trial offers, we reserve the right to limit you to just one free trial.

When you accept this Agreement and complete the MARKERMAN PRODUCTIONS® registration process, you become the "master account" holder, and MARKERMAN PRODUCTIONS® provides you with a limited, non-exclusive license for no more than the term of your membership to use the MARKERMAN.COM site through (password and login) that you select for your "master account." Your password and login name is your online identity. You may not use a login name and password that is used by someone else, and your screen name cannot be vulgar, or be used in any way that violates the other parts of the Member Agreement. You are responsible for all activity and guest passcodes on your account and guest accounts. Violations or warnings attributable to the guest account can lead to the termination of the master account. You may also receive important notices about your membership from time to time that may not be provided to the guest accounts, so it is important for you to regularly check your master account mailbox. Because you are responsible for all use of your account, you should supervise the use of your account by others. It is important that you not reveal your password to other users and MARKERMAN.COM will never ask you for your password. You agree not to reveal your password to other users and you agree to indemnify and hold MARKERMAN PRODUCTIONS® harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately. If your membership is terminated for violating this Agreement, MARKERMAN PRODUCTIONS's express permission will be necessary before you are allowed to use MARKERMAN.COM again.

Proprietary Rights/Trademarks

Much of the content available on our service is owned by others and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but just because it is easy doesn't mean it is acceptable or legal. Any content that you upload or download while using the service must be authorized; this means you must have the legal right to upload or download the content. You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of the content you find on MARKERMAN PRODUCTIONS unless you have the legal right to. Making unauthorized copies of any content found on MARKERMAN PRODUCTIONS® can lead to the termination of your MARKERMAN PRODUCTIONS® account and may even subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless MARKERMAN PRODUCTIONS® and its subsidiaries, affiliates, related companies, employees, officers, directors, and agents. MarkerMan is a registered trademark of Jody Victor. Jody Victor is a trademark of Jody Victor. Have Fun, Make Money, Help People is a trademark of MarkerNET, Inc.

CHARGES, BILLING AND THE FREE TRIAL

MARKERMAN PRODUCTIONS® reserves the right to change our fees or billing methods at any time and MARKERMAN PRODUCTIONS® will provide notice of any such change at least thirty days in advance in the same manner described above for changes to the Member Agreement. MARKERMAN PRODUCTIONS® also has the right to collect applicable taxes and impose premium surcharges for some areas of the service and these surcharges may apply even during your free trial. If you have joined MARKERMAN PRODUCTIONS® as a trial member, you should understand that your free trial time must be used within 30 days of your initial sign-on.

As the master account holder, you are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account.

Most members pay by credit card. For all billing plans, once your subscription is to expire you will be notified it's time to renew upon logging in to MarkerMan.com. At that point, you will initiate the process of charging your credit card for a quarterly or annual subscription. If you do not have a credit card, you will need to contact MarkerNET, Inc. at This email address is being protected from spambots. You need JavaScript enabled to view it. for further details.

MARKERMAN PRODUCTIONS® SOFTWARE LICENSES

MARKERMAN PRODUCTIONS® provides you with a limited license to use our software, which you agree to use in accordance with these rules. You may not sub-license, or charge others to use or access, our software without first obtaining written permission from us. We will occasionally provide automatic upgrades to improve your online experience. We reserve the right to log off accounts that are inactive for an extended period of time.

MARKERMAN PRODUCTIONS® grants you a non-exclusive, limited license to use MARKERMAN.COM software to connect to MARKERMAN.COM from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble, or make derivative works from, MARKERMAN PRODUCTIONS® software. You may not modify MARKERMAN PRODUCTIONS® software or use it in any way not expressly authorized by this Agreement. You understand that MARKERMAN PRODUCTIONS's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by MARKERMAN PRODUCTIONS® may vary depending on your computer and other equipment.

WARRANTY

MEMBER EXPRESSLY AGREES THAT THE USE OF MARKERMAN PRODUCTIONS, MARKERMAN PRODUCTIONS® SOFTWARE, AND THE INTERNET IS AT MEMBER'S SOLE RISK. MARKERMAN PRODUCTIONS® PROVIDES THE MARKERMAN PRODUCTIONS® SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT MARKERMAN PRODUCTIONS® WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. MARKERMAN PRODUCTIONS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY MARKERMAN PRODUCTIONS® SHALL BE THE REPLACEMENT OF ANY MARKERMAN PRODUCTIONS®

INDEMNIFICATION

Upon a request by MARKERMAN PRODUCTIONS, you agree to defend, indemnify and hold harmless MARKERMAN PRODUCTIONS® and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorney’s fees, that arise from a breach of this Member Agreement for which you are responsible or from the use of MARKERMAN.COM or the Internet, or in connection with your transmission of any Content on MARKERMAN.COM. MARKERMAN PRODUCTIONS® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Member. In that event, the member shall have no further obligation to provide indemnification for MARKERMAN PRODUCTIONS® in that matter.

TERMINATION AND CANCELLATION

Either you or MARKERMAN PRODUCTIONS® may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with MARKERMAN PRODUCTIONS. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or MARKERMAN PRODUCTIONS's enforcement or application of this Agreement; (2) any policy or practice of MARKERMAN PRODUCTIONS, including MARKERMAN PRODUCTIONS's Community Guidelines and the MARKERMAN PRODUCTIONS® Privacy Policy, or MARKERMAN PRODUCTIONS's enforcement or application of these policies; (3) the content available through MARKERMAN PRODUCTIONS® or the Internet or any change in content provided through MARKERMAN PRODUCTIONS; (4) your ability to access and/or use MARKERMAN PRODUCTIONS®.

You can cancel your membership by delivering notice to MARKERMAN PRODUCTIONS's Customer Service Department at 330-649-9633, This email address is being protected from spambots. You need JavaScript enabled to view it., MarkerNET Inc., 4092 Holiday St, Canton, OH 44718. Cancellation will take effect within 72 hours of receipt of your request. Active MARKERMAN PRODUCTIONS® Members may not allow former Members or other agents whose memberships have been terminated to use their accounts.

LAW AND LEGAL NOTICES

The Member Agreement represents your entire agreement with MARKERMAN PRODUCTIONS. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the MARKERMAN PRODUCTIONS® Community Guidelines and the MARKERMAN PRODUCTIONS® Privacy Policy, including MARKERMAN PRODUCTIONS's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with any requisite government authorization. You further agree not to upload to MARKERMAN PRODUCTIONS® any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive the termination of this agreement. Control laws currently prohibit the export of any browser with 128-bit encryption, including Internet Explorer, available through MARKERMAN PRODUCTIONS. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria from gaining access to certain content on MARKERMAN.COM

DISPUTE RESOLUTION

  1. All disputes, claims, or controversies arising out of or related to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, or BSM including, but not limited to, any claims or disputes against MARKERMAN PRODUCTIONS, a MARKERMAN PRODUCTIONS Member, any purchaser of BSM, or any signatories to this Agreement, regardless if they arise before or after the termination of this Agreement, shall be resolved in accordance with the Conciliation and Arbitration process set forth in Rules 11.4 and 11.5 of the Amway Rules of Conduct (a copy of which is found at www.amway.com). Rule 11 of the Amway Rules of Conduct is incorporated herein by reference.
  2. Following the conclusion of the Conciliation Process, if the matter proceeds to Binding Arbitration, the arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability of this Agreement and any of its provisions including, but not limited to, jurisdictional and arbitrarily disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which arbitration is sought, and who are proper parties to the arbitration, to the fullest extent allowed by applicable law. The arbitrator has the authority to determine jurisdiction and arbitrarily issues as a preliminary matter.
  3. This dispute resolution agreement is reciprocal and binds all parties and signatories to this Agreement.
  4. The parties, when involved in the dispute resolution process as parties, witnesses, or otherwise, will not disclose to any other person not directly involved in the dispute resolution process:
    1. The substance of, or basis for, the claim or dispute;
    2. The content of any testimony or other information obtained through the dispute resolution process; or
    3. The resolution (whether voluntary or not) or the terms of any resolution of any matter that is the subject of the dispute resolution process.

However, nothing in this Agreement shall preclude a party or other signatory from, in good faith, investigating a claim or defense, including interviewing witnesses and otherwise engaging in discovery. Any dispute that may arise out of or that relates in any way to this Agreement must be resolved solely and exclusively in compliance with the dispute resolution procedures, including compulsory arbitration, set forth in Rule 11 of the Amway Rules of Conduct in effect at the time the dispute arose. A copy of Rule 11 is found at www.amway.com or contained with your copy of the Amway Rules of Conduct that you received when you registered as an IBO.

PRIVACY

MarkerNET, Inc., d/b/a MarkerMan Productions® ("MMP") is strongly committed to protecting your privacy and the privacy of users of its interactive products and services.

Our site’s registration forms require contact information (like name and email address) and demographic information (like zip code). We will not disclose your personal information to any third party unless we are compelled by law or, in our sole discretion, whenever we believe an emergency, illegal activity, or some other reasonable basis exists for notifying or providing such information to the appropriate authorities. Your personal information shall remain in the possession of MMP, or its designated agent at all times. We sometimes aggregate information about our users and you agree we can use and make such statistical information available to others, as long as we don’t identify you personally.

We will release specific information about you, or your account, to comply with any valid legal process such as a search warrant, subpoena, statute, or court order.

Rev. 12/11/23.