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About AsSeenOnTV.com™ and SeenOnTV.com® |
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ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ASSEENONTV PRODUCT TESTING PROGRAM, BONUSES AND OTHER PROMOTIONS
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Section 1 – General
These terms and conditions (the "Additional Terms and Conditions") describe the additional terms and requirements applicable to all individuals who elect to participate in any of AsSeenOnTV´s promotions including without limitation the product testing program (collectively, the "Promotion Participant"). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in AsSeenOnTV´s Terms of Use.
AsSeenOnTV, in conjunction with third-party manufacturers of various products available for purchase on the AsSeenOnTV websites, are responsible for the administration of various promotional programs including the AsSeenOnTV product testing program. You acknowledge and agree that all trademarks, trade names, services marks and other intellectual property rights associated with the promotions and the related products and services are the property of their respective owners.
To be eligible for any of the promotions (including without limitation the product testing program), you must be of legal age to form a binding contract with AsSeenOnTV and a legal resident of the United States with a valid email and mailing address. If you do not meet these requirements, you will not be eligible for any of the promotions and we ask that you do not complete the registration process. AsSeenOnTV reserves the right to accept or deny any person who desires to become a Promotion Participant in its sole and absolute discretion.
Once a Promotion Participant has been accepted to participate, AsSeenOnTV may request that the Promotion Participant complete or provide certain information. For example, in connection the product testing program, the Promotion Participant will receive, free of charge, a product to be tested together with a written survey to be prepared and returned. AsSeenOnTV requires that all Promotion Participants return a completed survey or questionnaire no later than forty-five (45) days after the receipt of any product, bonus, gift or other promotion, as applicable. Failure to timely return the survey or questionnaire will result in the individual Promotion Participant being removed from the applicable promotion or program and ineligibility for future programs and promotions.
We ask that you not apply to be a Promotion Participant unless you truly desire to complete and provide the promotion information requested in connection with such promotion program because AsSeenOnTV and its third party partners must absorb certain set costs related thereto.
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Section 2 – Miscellaneous Bonus Offers
From time to time, there may be additional bonuses, gift or other promotional opportunities available at varying times through the AsSeenOnTV websites. The specific requirements for receipt of these bonuses, gifts or promotions will be recited on the website where they are offered. Please note, no bonus or gift of any kind will be awarded to any individual who does not first fully complete the requirements for receipt of such bonus or gift.
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Section 3 – Tax Liability
You are responsible for all local, state, and federal taxes on any products, gifts or bonuses you receive from AsSeenOnTV or any manufacturer thereof. AsSeenOnTV will require any individual receiving any items valued at $600.00 and above in any calendar year to complete and submit a Form W-9 from the Internal Revenue Service in order to allow AsSeenOnTV to comply with the Internal Revenue Services´ reporting requirements.
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Section 4 – Promotion Participant Obligations
In addition to the responsibilities otherwise set forth herein, you covenant and agree (i) not to reproduce, share or disclose any surveys, questionnaires, content or materials presented for evaluation to any third party without the prior written consent of AsSeenOnTV, (ii) not to engage in conduct that is detrimental to the interests of AsSeenOnTV, its customers, prospective customers, manufacturers or other third party partners, including, without limitation, violating these Additional Terms and Conditions, the Terms of Use or the Privacy and Security Policy, and (iii) not in any way to defame, slander or disparage AsSeenOnTV, its customers, prospective customers, manufacturers or other third party partners, the products or any services provided by any of them.
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Section 5 – Release of Claims; Preservation of Rights
(a) By participating in any AsSeenOnTV promotion, including without limitation the product testing program, you release, waive and forever discharge AsSeenOnTV its respective parents, subsidiaries, and other affiliated companies, and their respective directors, shareholders, officers, employees, or agencies or representatives of any of the aforementioned, from and against any and all liability for any injury, death, loss, tax liability damage, cost or expense (including reasonable attorneys´ fees) of any kind arising from your participation in an AsSeenOnTV promotion, including without limitation the product testing program, or resulting from acceptance, possession, use or misuse of any product, bonus, offer or gift.
(b) Failure to comply with these Additional Terms and Conditions may result in disqualification from any promotion or program from AsSeenOnTV. AsSeenOnTV reserves the right, in its sole discretion, to: (i) disqualify from any promotion it sponsors now, or in the future, any person it finds, in its sole discretion, has intentionally violated these Additional Terms and Conditions, the Terms of Use of the Privacy and Security Policy, tampered with the eligibility process, or any other aspect of such promotion; and (ii) cancel or suspend part or all of any promotion (including without limitation the product testing program) at any time for any reason. You acknowledge and agree that any attempt by you or any other person to deliberately undermine the legitimate operation of any promotion or offer may be in violation of criminal and civil laws. You further acknowledge and agree that should any such an attempt be made, AsSeenOnTV reserves the right to seek remedies and damages (including attorneys´ fees) from you or any other person to the fullest extent permitted by law.
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Section 6 – Supplemental Disclaimer of Warranties
THE PRODUCT TESTING PROGRAM, BONUSES, PROMOTIONS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ASSEENONTV OR ONE OF OUR THIRD PARTY PARTNERS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ASSEENONTV MAKES NO WARRANTY THAT (A) THE PRODUCT TESTING PROGRAM, BONUSES, PROMOTIONS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL MEET YOUR REQUIREMENTS; (B) THE PRODUCT TESTING PROGRAM, BONUSES, PROMOTIONS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THAT ANY THIRD PARTY PARTNER WILL PERFORM ITS ASSOCIATED OBLIGATIONS IN A TIMELY OR SATISFACTORY MANNER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT TESTING PROGRAM, BONUSES, PROMOTIONS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL BE ACCURATE OR RELIABLE. THE PRODUCT TESTING PROGRAM, BONUSES, PROMOTIONS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASSEENONTV, ANY OF ITS THIRD PARTY PARTNERS OR OTHERWISE THROUGH OR FROM THE ASSEENONTV WEBSITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE, THESE ADDITIONAL TERMS AND CONDITIONS OR THE PRIVACY AND SECURITY POLICY.
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Section 7 – Changes to Additional Terms and Conditions
You acknowledge and understand that AsSeenOnTV may make changes to these Additional Terms and Conditions from time to time. When these changes are made, AsSeenOnTV will make a new copy available at http://www.asseenontv.com/general_terms_of_use.html.
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