The Joss Report - The Weekly Trade Advisor

SUBSCRIBER AGREEMENT

By subscribing to The Joss Report, you acknowledge that you have read and agree to the following terms:

You understand that The Joss Report is only intended to provide subscribers with technical analysis and/or information to consider when making their own trading decisions. The Joss Report is not intended to serve as an investment advisor or a substitute for the advice of a professional commodities/future broker. The information provided in The Joss Report is based on the technical analysis of available market information at the time The Joss Report is published. Although the sources of information used to prepare The Joss Report are deemed to be reliable, we cannot guarantee the accuracy of any information used or provided. This disclaimer extends to any audio, videos, seminars, webinars, or any other product produced by or offered in connection with The Joss Report and/or S.R. Joss, Inc. External Links are provided for the convenience of our subscribers. The referenced sites are neither endorsed nor recommended by The Joss Report and/or S.R. Joss, Inc. We are not responsible for information or any content whatsoever that appears on websites, charts, or any other source that we may provide links to. Subscribers are responsible for determining their own financial ability and suitability to trade commodities, futures or options.

Traders should be aware that there is substantial risk involved in trading commodities and futures. The Joss Report makes no claim and offers no guarantee that the information we provide will result in any financial gain or loss. Subscribers to The Joss Report are fully responsible for any trading decisions they make. The Information contained in The Joss Report is meant to provide you with information only and should not be solely relied upon as the source of your trading decisions. The Joss Report and S.R. Joss, Inc. are not responsible for any representations, statements, opinions or advice expressed by our affiliates. Affiliates are not employees of S.R. Joss, inc. and are not authorized to represent themselves as such. The Joss Report, S.R. Joss, Inc. and any company, FCM,  or other entity associated or doing business with S.R. Joss Inc. will not be held responsible for the accuracy of information provided or any losses resulting from investment decisions based upon the use of any or all of its content.

At any given time, the author and/or staff of The Joss Report may buy, sell, or hold positions in commodities, futures or options products featured in The Joss Report. Every effort will be made to publish The Joss Report no later than 9:00 p.m. (CST)  on Sunday evening*; however, we cannot guarantee timely delivery of The Joss Report in the event of technical or other factors beyond our control. The Joss Report cannot be responsible for extended periods of subscription interruption caused by natural disasters such as floods or storms, acts of terrorism, or any other extreme circumstance beyond our control.

By becoming a subscriber to The Joss Report, you understand and agree that your subscription entitles only you to access and view The Joss Report online. You may not share your password to provide others with unauthorized access to our website, nor may you copy, post, publish, or disseminate any part of The Joss Report without our written permission. If we become aware of any such activity on your part, your access to our website will be immediately terminated and you will forfeit any balance remaining on your subscription (without refund).

Unauthorized use of The Joss Report or any of its contents may result in legal action. Any entity wishing to publicly quote or reprint any part of The Joss Report – including but not limited to radio, television/cable, video, or any other broadcast medium, internet/website, newsletter, newspaper, magazine, or any other printed media may do so provided that the information quoted is accurately quoted and publicly attributed to The Joss Report and/or Scott Joss.

The Joss Report provides a free trial subscription on a one time basis to first time subscribers only. Accurate credit card information must be provided by the subscriber to receive a free trial subscription. Although there is no charge for our free trial subscription, our merchant server, Authorize.net, will place a $1.00 (one dollar) hold on users’ credit cards, which is necessary in order to verify the accuracy of cardholder information. The $1.00 hold will be released back to the users’ available credit limit within 7-10 business days.

The Joss Report subscriptions are billed on an automatic, recurring basis. It is the responsibility of the subscriber to monitor their own account information and status.
Subscribers who wish to cancel their subscription prior to automatic renewal must do so by email via our website at least four business days prior to the expiration of their current subscription period. Subscribers wishing to cancel during an active subscription period may do so – however, The Joss Report will not refund any portion of an active subscription.  

*There are occasions when ‘The Joss Report’ is not published due to holidays, illness, or other unforeseen circumstances. Subscribers are guaranteed at least two issues per any 30-day subscription period. In the event that subscribers do not receive two issues as described, subscriptions will be extended (at no cost to the subscriber) until the guaranteed number of issues have been received.

Privacy and Information: Subscriber registration information is never sold or shared with any entity that is not affiliated with The Joss Report and/or S.R.Joss, Inc. Credit card information is held in strict confidence and is not shared or sold under any circumstances.

THE JOSS REPORT AFFILIATE TERMS AND CONDITIONS AGREEMENT

This is a legal and binding Agreement between you and The Joss Report. By submitting the online application, you agree that you have read and understood the terms and conditions of this Agreement and that you agree to be legally responsible for each and every term and condition.

1. Overview

This Agreement contains the complete terms and conditions that apply to your becoming an affiliate in The Joss Report Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and The Joss Report website. Please note that throughout this Agreement, "we," "us," and "our" will mean The Joss Report and "you," "your," and "yours" will mean the Affiliate.

2. Enrollment in the Program

To begin the application process, you must complete and submit the online application. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for affiliation with The Joss Report. Unsuitable sites include those that:

• Promote business practices that are inconsistent with The Joss Report and S.R. Joss, Inc.
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Contains violence or sexually explicit materials
• otherwise violate intellectual property rights

If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and you (individually) and your site is thereafter determined (in our sole discretion) to be unsuitable for the our affiliate program, we may terminate this Agreement at anytime.

3. Affiliate Obligations

3.1. As a member of The Joss Report Affiliate Program, you will have access to The Joss Report Affiliate section which is accessed by logging onto our website in the Account Log In area located on our Home Page -  and selecting 'Affiliate Banners.' In the affiliate banner section you will be able to download HTML code (which provides for links to web pages within The Joss Report website) and banners ("Links") that we have made available for use in your website ("Site"). You are allowed to link only to those specific web pages that we designate in the HTML code. In addition, in order for us to accurately keep track of referrals from your site to ours, you must use the HTML code that we provide.

3.2. Additionally, only The Joss Report HTML forms may be used for registration and login to The Joss Report website. The Joss Report reserves the right, at any time, to review your banner placement and approve the use of your Links and require that you change the placement or use to comply with the guidelines provided to you.

3.3. You agree to fully cooperate with us in order to establish and maintain any links between The Joss Report site and your site. You also agree that those graphic images that you display pertaining to The Joss Report, for use as a link or otherwise, will only be graphic images that we provide you from The Joss Report Affiliate Banner section on our website. If we change or update our banners, you may be required to replace our old banner with an updated version.

3.4 Only NFA (National Futures Association) approved Broker Affiliates will be permitted to display their company logo and contact information on our website within our 'Affiliate' section area - which is accessible to any visitors to our website - provided that the logo conforms to our rules and requirements which are as follows:

- We reserve the right to determine whether or not the image and/or content of your logo is appropriate for our website.

- We reserve the right to determine the size and/or shape of any company logo to be featured on our site.

- You must display an approved 'The Joss Report' banner on your website in order to have your logo and/or contact information featured on The Joss Report website. The banner should be placed in an area of your website that is easily visible and accessible to your website visitors. If at any time we become aware that you have either removed or altered our banner, your logo and contact information will be immediately removed from our site until such time as our approved banner has been returned to your website.   

- We may remove your logo at any time if we deem its appearance or content to be unacceptable in any way.

3.5 Maintenance and the updating of your site will be your responsibility. Because you are a member of The Joss Report Affiliate Program and the information within The Joss Report is updated often, it may be necessary for you to update the content of your site on a regular basis to maintain consistency and accuracy between The Joss Report site and your site. We may monitor your site as we deem necessary to make sure that your site (as it pertains to The Joss Report) is up to date and to notify you of any changes to your site that we feel should be made to remain in compliance with our requirements.

3.6. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be in a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.

4. The Joss Report Rights and Obligations

4.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to your site that we feel should be made or to make sure that your links to our website are appropriate and to notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Affiliate Program.

4.2. The Joss Report reserves the right to terminate this Agreement and your participation in The Joss Report Affiliate Program immediately and without notice to you should you commit fraud in your use of the Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, The Joss Report shall not be liable to you for any Referral Fees for such fraudulent referrals.

4.3 As an affiliate of The Joss Report, you are not authorized to speak for or represent yourself to be an agent of The Joss Report or S.R. Joss, Inc. Any opinions, comments or other unauthorized representations made by you in regards to the content of The Joss Report must be presented as your opinion only and not those of The Joss Report or S.R. Joss, Inc. The Joss Report makes no guarantee of accuracy, nor do we guarantee financial gain or profit to our subscribers. If we become aware of an affiliate who is making such representations, we will immediately terminate your affiliate status. 
 
4.3 We may change our policies and operating procedures at any time.

4.4. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

5. Termination

Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

6. Modification

We may modify any of the terms and conditions in this Agreement at any time in our sole discretion. In such event you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and The Joss Report Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in The Joss Report Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

7. Commissions

For every new referral to The Joss Report that becomes a paid Subscriber through our banner link from your site or by entering your assigned affiliate code, The Joss Report will pay you a one-time commission of 15% of whatever subscription plan your referral selects. Qualified referrals do not include previous Subscribers of The Joss Report or any new 30-day free trial subscribers who do not become paid subscribers to The Joss Report. The Joss Report maintains the right to change the commission rate at any time.
When somebody visits our site who has been referred from your website, that visitor gets our cookies. We track your referrals; if he returns within a reasonable period of time, his browser shows us these cookies and you will be credited if that visitor becomes a paid subscriber.

8. Payment

A minimum of $100 in commissions must accumulate before we will issue a payment. When your account has a credit of $100 or more, we'll send you a check for the available balance in your affiliate account. We will pay you commissions on a monthly basis depending on your account balance at any given time. No payments will be issued until approximately thirty to forty-five (30-45) days following the charge end of the calendar month for each referral that occurred during that calendar month.

9. Access to Affiliate Account Area

You will be required to enter your username and password in order to enter our Affiliate Account area. Once you have logged in, you will be able to access The Joss Report banners and links, and view reports that describe your monthly earnings and payment history.

10. Promotion Restrictions

You are welcome to promote your own websites. However, any promotions that mention The Joss Report could be perceived by the public or the press as a joint or cooperative effort. Certain forms of advertising are always prohibited by The Joss Report. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our brand name. You may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote The Joss Report so long as the recipients are already a customers or subscribers of your services, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote The Joss Report provided that such postings are clearly represented as having been submitted and posted by and connected to your business or company and provided that said newsgroup specifically welcomes commercial messages. You must always clearly represent yourself and your websites as independent from The Joss Report. You may not suggest or offer guarantees of successful trading results or profits pertaining to use of The Joss Report. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in The Joss Report Affiliate Program.

11. Grant of Licenses

11.1. We grant to you a nonexclusive, nontransferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you for such purpose. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of The Joss Report Affiliate Program. All uses of Licensed Materials by you shall be subject to The Joss Report trademark usage guidelines as will be provided to you from time to time. You agree that all uses of the Licensed Materials will be on behalf of The Joss Report and the goodwill associated therewith.

11.2. You grant to us a nonexclusive right to utilize your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner in accordance with our rights under this Agreement. However, The Joss Report is under no obligation to so advertise, market, promote, or publicize.

11.3. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.

12. Disclaimer

THE JOSS REPORT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE JOSS REPORT OR THE PRODUCTS OR SERVICES PROVIDED THEREIN. ANY IMPLIED WARRANTIES OF THE JOSS REPORT/S.R. JOSS, INC.’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

13. Representations and Warranties

You represent and warrant that:

13.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

13.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

13.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

14. Limitations of Liability WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE JOSS REPORT OF S.R. JOSS, INC.’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

15. Indemnification You agree to indemnify and hold harmless The Joss Report, S.R. Joss, Inc., and its employees, representatives, agents, and affiliates against any and all claims, suits, actions, or other proceedings brought against The Joss Report/S.R. Joss based on or arising from any claim (i) that our use of any material provided by you infringes on any copyright, patent, trademark, trade secret, or any other intellectual property right of any third party, or (ii) resulting from your breach of this Agreement or resulting from your breach of any third-party intellectual property right or misappropriation of any material, or resulting from any defamatory, libelous act by you, or resulting from your violation of any third-party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by The Joss Report in connection with or arising from any such claim, suit, action, or proceeding.

16. Confidentiality All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement that is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.

17. Miscellaneous

17.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and The Joss Report. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of your sites or otherwise, that reasonably would contradict anything in this Section.

17.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

17.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois without regard to the conflicts of laws and principles thereof.

17.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

17.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

17.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

17.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.