Last Revised May 8, 2006This Advisor Rules Policy forms part of the Member Agreement and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the Member Agreement and related policies.
1. In addition to the terms and conditions of the Member Agreement, you agree to comply with the following requirements in creating listings, providing Advisor Services and otherwise acting as an Advisor. Without limiting any other remedies Ingenio may have, Ingenio may immediately terminate your membership and use of the Site without notice if Ingenio suspects that you have violated any of the following requirements.
a. You will continuously provide truthful, current and complete information, including, without limitation, correct representation of skills, degrees, qualifications, credentials, background and other information included in your listing(s). You will not misrepresent yourself or create a misleading Member name or listing. In order to create a listing in some categories, you may be required to have your credentials verified.
b. You will only create listings in categories for which you have appropriate qualifications. By creating a listing in a category, you represent and warrant that you have all the skills, education, training, licensing, experience and/or abilities necessary to reasonably perform services under such category. You will not provide any Advisor Services which require professional licensure, such as a physician, other health practitioner, attorney, accountant or financial planner, unless you have a valid professional license in the relevant jurisdiction(s) and such license allows for providing Advisor Services through the Site. If you do not have a valid professional license in the relevant jurisdiction for any professional services, you may not provide such services through the Site.
c. You will conduct all for-fee communications that you have with other Members only through the Site and you will not circumvent or attempt to circumvent the Site using third-party payment services.
d. You will not diagnose illnesses, provide treatments, prescribe medications or otherwise act as a medical care provider through the Site.
e. You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
f. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
g. You will only provide Advisor Services to Members. You agree that you will not provide Advisor Services to more than one Member on any given call. You agree not to take or answer calls (and agree to terminate such call and report the incident to Ingenio by filling out a Support Form and selecting "Play Fair Inquiry" from the drop down menu) if you know or have reason to believe that (i) the individual on the call is a non-Member or (ii) there is more than one person on the call receiving the Advisor Services.
h. In certain circumstances, Ingenio permits more than one Advisor to be on the phone with a Member at one time, provided that such Advisors (i) have received prior written permission from Play Fair for such "double Advisor" offering, (ii) are both on the call at the same time. and (iii) have described clearly any such approved "double Advisor" offering (and the rate payable therefor) to the Member prior to the call. You will not permit another Advisor to join you on a call unless (i) you have contacted Play Fair by filling out a Support Form and selecting "Play Fair Inquiry" from the drop down menu and have received written approval, at Ingenio's discretion, of the "double Advisor" offering; and you have clearly described any approved "double Advisor" offering and rate to the Member prior to the call. Under no circumstances may the Advisors providing such approved "double Advisor" offerings conduct a relay or "tag-team" call.
i. You will not "share" listings except as follows. If you are listed in an Advisor listing, only you may answer calls to that listing. Ingenio may allow for exceptions to this rule only if all of the following conditions are met: you had an existing operational call center with five (5) or more employees or sub-contractors prior to joining Ingenio; you are entering this Member Agreement with authority on behalf of an incorporated business with employment or sub-contractor agreements with all of the individuals who answer the phone; the Member account and the Member account's listings are always associated with only one phone number; and you send a notice of the shared listing account to Play Fair, by filling out a Support Form and selecting "Play Fair Inquiry" from the drop down menu for approval, at Ingenio's discretion, of the listing and Member account details.
j. You will not offer any listings or Advisor Services that contain language, content, images or themes of an adult, vulgar, profane or controversial nature (collectively, "Adult Content").
k. You will not use any banner advertisements or "pop up" windows or create or include links to sites which involve e-commerce, marketing, solicitation or sale of any items of any kind, whether related to or outside the scope of your Advisor listing.
l. You will not create or use separate listings for purposes of redirecting Members from listings contained in Groups or otherwise circumventing revenue sharing under Group agreements or other agreements with third parties.
m. You will not create frivolous listings, repetitive listings placed across multiple categories or listings that are irrelevant to the categories under which they are created. You may not create more than one (1) Live Advice listing per topic. For Recorded Advice calls, you may not create more than twenty (20) listings in total on the Site.
n. You will not record or otherwise store any calls (in whole or in part) that you conduct with a Member. Notwithstanding the foregoing, Advisors may provide pre-recorded voice Advisor Services (each, a "Recorded Listing" as described further on the Help page of the Site) to Members in accordance with this Advisor Rules Policy.
o. Ingenio (or its licensors) owns and retains all rights in or to certain trademarks, trade names, service marks, logos and/or slogans, whether now existing or hereafter created, including but not limited to Ingenio, Knowledge On Call, Ingenio Knowledge On Call, LiveAdvice, Live!Leads and the designs for Ingenio, Call Now, Recorded Listing, Telephone Off The Hook and Send Mail (collectively, "Trademarks"). Advisors may not use, reproduce or copy for commercial purposes any Trademarks in or for, without limitation, advertising, press releases or other marketing materials, without the express written permission of Ingenio. Advisors may request permission to use Trademarks by e-mailing [email protected]. Notwithstanding the foregoing, nothing in this Advisor Rules Policy or related agreements shall be construed as granting Advisor any rights in or license to use Trademarks.
p. Ingenio does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information and other products or services provided by Advisors or Members, or any specific Member, Advisor or Advisor Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Advisor or group of Advisors by Ingenio. You will not offer listings, create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by Ingenio of you, your listings or your Advisor Services. Ingenio reserves the right to warn, suspend or terminate at any time and without notice a Member account which it determines, in its sole discretion, is transmitting or is otherwise connected with such prohibited endorsement.
2. You agree to hold Ingenio harmless regarding your use of the Site.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY INGENIO, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF ADVISOR SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. In each case, Ingenio will provide you with written notice of such claim, suit or action. Ingenio shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
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