4. Our Obligations

We agree:

4.1. make the Lead Management System and any updated versions of it (“LMS”) available to you via the Internet ;

4.2. subject to receiving your completed application, to give you a ‘free website business’ in which case we will:

4.2.1. provide you with a position in the Rapid Forced Income Matrix (“RFI Matrix”)

4.2.2. create a unique URL based on the Cascader.com domain name (your “Cascader Domain Name”) and a basic web page (your “Cascader Web Page”) for you which will help you to market the LMS to potential Downline Subscribers (as defined below) and view your Downline Subscribers;

4.2.3. to make the Cascader Website, your Cascader Web Page and certain information concerning your Downline Subscribers available to you via the Internet. We will endeavour to keep the level interruptions to this service as low as reasonably practicable, but we do not guarantee 100% availabilty;

4.2.4. subject to our acceptance of your Downline Subsrcibers, to:

4.2.4.1. make the LMS available to your Downline Subsrcibers via the Internet

4.2.4.2. create a Cascader Web Page for your Downline Subscribers

4.2.4.3. provide your Downline Subscribers with a position in the “RFI Matrix”

4.3. to pay the Commission (as defined below)

(“the Services”).

5. Your Obligations

You agree:

5.1. to use the Services and the LMS in accordance with these terms and any instructions issued by us from time to time;

5.2. to pay the Charges (as defined below) when due and in accordance with the Payment provisions set out below;

5.3. to comply with data protection legislation and any other legislation applicable to the operation of a website in England and Wales;

5.4. to give full and accurate details when submitting your registration form or when supplying information requested by us from time to time;

5.5. to grant us a non-exclusive, worldwide, perpetual, irrevocable royalty free licence to use any information (including trademarks) you provide to us or other users of our Services;

5.6. to ensure that any information you provide to us or send to third parties using the LMS or the Services or (if you apply for the ‘free business website’) any information you display on your Cascader Web Page or your own web site in connection with the LMS or Services shall be legal, decent, honest and truthful, shall not infringe any third party’s rights and shall not contain any viruses or other malicious computer programming routine.

5.7. to ensure that the LMS or the Services are not used to send messages, or to collect a list of subscribers, relating to, but not limited to: pornography, spam, unsolicited commercial or bulk email, gambling, illegal activities, warez, MP3 (or other music formats) or any other activity that may adversely affect our reputation;

5.8. not to advertise or promise that subscribers to the Cascader Web Site can earn a specific income or that high earnings are easily achievable. If real examples of subscribers’ earnings are used, you should always have their written consent and explain clearly what proportion of those earnings were profit;

5.9. to warrant that all the information so requested of and provided by you to us is correct and complete;

5.10. to keep secure any User ID, password and/or any other confidential information provided to you by us for the secure use of the LMS or the Services; and notify us of any unauthorised use of such User ID, password and /or any other confidential information or any other breach of security regarding the LMS or the Services.

5.11. if you use the ‘free business website’:

5.11.1. to market to and procure new subscribers to the LMS. Any new subscribers you introduce to us are referred to as your “Downline Subscribers ”);

5.11.2. to inform your Downline Subscribers that they are contracting directly with us on these terms; and

5.12. to indemnify us in respect of any loss, damage, costs or expenses we suffer or incur which is caused by your breach of any of your obligations under this agreement.

6. The Services

6.1. If you are not registered as a subscriber your access to the Website will be restricted to viewing general information about Cascader.com and how it works including endorsements of existing participants and some relevant articles.

6.2. If you are registered as a member you will benefit from the full range of subscription services provided by us from time to time.

6.3. We will use reasonable efforts to make all Services available to you at all times.

6.4. These Services may be amended from time to time. Notice of any such changes will be given by posting relevant information on the Cascader Web Site in the Member’s area or Newsletter.

6.5. The Services may occasionally require upgrading, modification or other works making them temporarily unavailable. We will try to keep such interruption to a minimum.

7. Payment

7.1. Our charges for the LMS and the Services (“the Charges”) will be charged as per our price list published from time to time on our website. We reserve the right to amend these charges from time to time.

7.2. Your initial payment towards the Charges is due when we accept your order. Please note that your order will not be accepted unless we have received your initial payment. Subsequent payments towards the Charges will be due on the same day of each month depending when your subscription commenced (“the Monthly Payments”).

7.3. We may raise additional charges for Services which are not covered by you initial payment or your Monthly Payments. Such additional charges will be due on demand.

7.4. If a payment has not been received within 21 days of its due date, we will:

7.4.1. suspend or cancel provision of the LMS and/or the Services to you, including, for the avoidance of doubt making your Cascader Web Page available to you and the payment of any Commission;

7.4.2. terminate this Agreement in accordance with clause 15; or

7.4.3. charge interest on all sums outstanding at the rate of 2% above the base rate of The Royal Bank of Scotland plc accrued daily until payment.

7.5. If the provision of the LMS and/or Services are cancelled under clause 7.4.1 above but payment is subsequently received we will levy a charge for reactivating the LMS and/or the Services.

7.6. Unless otherwise stated in this Agreement or agreed by us, all payments are to be made by credit card or debit card, PayPal, StormPay, INT-Gold or any other payment processor that may be added in the future.

7.7. If a subscription payment is cancelled by the subscriber, member or payment processor, we reserve the right to delete this subscription along with the respective position in the Matrix.

8. Commission

8.1. You will be entitled to receive commission payments (“the Commission”) on the Monthly Payments made by any Downline Subscribers introduced by you in accordance with the RFI Matrix. However, you will only be entitled to the Commission in respect of any period in which three or more Downline Subscribers introduced by you are active and are up to date with all their payments to us and as long the total Commission earned is more than $25.00.

8.2. Multiple sign ups are permitted (that is to say you sign up more than once yourself) but this will not be counted as a qualification to receive commission. You must have at least 3 active subscribers beneath you in your Matrix, who are not you nor must they be related to you. e.g. If you have 6 people who you have personally introduced to CASCADER and three of these sign ups are you or someone related to you, this will be acceptable as you will also have three other qualifying sign ups which will ensure you qualify to receive commission.

8.3. Payment of the Commission will be due on the 10th day of the calendar month that falls two months after the calendar month in respect of which Commission is being paid or the next day on which banks are generally open. For example, if you earn $200 Commission between the 1st of January and the 31st of January, we will pay you $200 on the 10th of March. If there is any technical problem or delay caused by a third party, we will use our best endeavours to pay you the Commission as soon as possible after the due date and if the delay is more than two days to inform you when you can expect to receive the payment.

8.4. We reserve the right to change or adjust the commission structure of the program at any time. We will post notice of any changes in the Member’s Area.

9. Designing Your Cascader Web Page

9.1. We will set up your Cascader Web Page with our standard frames, menus, navigation tools and functions.

9.2. Please note that although there is no charge for this service, it is only available to you if you subscribe for the LMS, you complete the application form and you agree to these terms.

9.3. We reserve the right at our sole discretion and without giving any reason therefore to refuse your application for your Cascader Web Page.

10. Liability

10.1. You expressly agree that your use of the Cascader Web Site is at your own risk.

10.2. We endeavour to provide a service of the highest quality, but cannot guarantee that our Service will be uninterrupted, reliable or error-free, or that the Service selected will reach the intended recipient.

10.3. We provide the Cascader Web Site and its contents on an “as is” basis and make no representations or warranties of any kind, express or implied, with respect to the Cascader Web Site or its operation, contents, products, services or third parties referred to on it.

10.4. We do not represent or warrant that information available on the Cascader Web Site is accurate, current or complete, and we disclaim any and all representations and warranties, including but not limited to any warranty of merchantability or fitness for a particular purpose to the full extent permitted by the applicable law.

10.5. In no event shall we be liable to you or to any other person or entity, in any manner (including negligence) for damages of any kind arising from the use of the Cascader Web Site, including but not limited to direct, indirect, actual, incidental, punitive, special or consequential damages, lost income, revenue or profits, lost or damaged data, or other commercial or economic loss, that result from your use of, or inability to use the Cascader Web Site, even if we have been advised of the possibility of such damages or such damages are foreseeable by using the Cascader Web Site you agree that this limitation will apply to all services, content, goods or services available through this website. In the event that the applicable law does not allow the limitation or exclusion of liability or damages, you agree that in no event shall our total liability to you for all damages, losses and causes of action of any kind exceed the amount of any Monthly Payments paid by you during the year in which the liability arose.

10.6. Any hypertext links to other websites are provided for convenience only, and we assume no responsibility or liability whatsoever for the contents of those websites linked to, any products or services advertised or sold on those websites, or the manner in which those websites process data about you.

11. Privacy and Data Protection

We take your privacy and data protection very seriously. By accepting these terms you acknowledge that you have read and understood the terms of the Privacy Policy [**ht link**].

12. Copyright and Database Rights

We reserve any copyright and database rights we may have in connection with the Cascader Web Site. By accepting these terms you acknowledge that you have read and understood the terms of the Database & Copyright Notice [**ht link**]

13. Distance Selling Regulations

13.1. As our performance of this contract will usually begin almost immediately upon our acknowledgement of your order (which is when the contract is formed) you will not have the right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 other than as set out below. In the exceptional event that we fail to commence provision of the Services to you within 7 days, you have the right to cancel this contract at any time up until we commence provision of the Services to you.

14. Termination

14.1. We will continue to supply you with the Services so long as you continue to pay your Charges as and when they are due until this Agreement is terminated in any of the ways described below.

14.2. You may terminate this Agreement by giving us at least five full days (including Saturdays and Sundays) written notice (stating your username and password) provided that we have received all sums due under this Agreement. You are not entitled to recover any proportion of sums you have paid in advance.

14.3. We may terminate this Agreement immediately if:

14.3.1. you fail to settle your account on time;

14.3.2. we believe you have supplied us with false or misleading information;

14.3.3. we believe you are unable to pay the charges;

14.3.4. you break any conditions of this Agreement and fail to correct them within 7 days of us asking you to do so; or

14.3.5. if you behave in a threatening or abusive manner to our staff, directors of the company or any other subscriber.

14.4. It is your responsibility to cancel all payment mandates (including direct debit) associated with this Agreement. We reserve the right to charge an administration fee in refunding any over payments.

14.5. On termination of this Agreement by either party we will:

14.5.1. stop providing the LMS and the Services to you;

14.5.2. delete your Cascader Web Page

14.5.3. vacate your position in the RFI Matrix;

14.5.4. pay to you any Commission outstanding at the date of termination less any sum you owe to us at the date of termination. We will endeavour to make this payment on the normal due date for payment, but we reserve the right to make this payment up to 180 days after the date of termination as it can take that long to calculate precisely how much each party is entitled to; stop paying you any further Commission. (Commission will continue to be paid to any Downline Subscribers introduced by you in accordance with the RFI Matrix); and

14.5.5. in limited circumstances (for example where we have refused your application for a Cascader Web Page) and at our sole discretion, refund your last Monthly Payment.

14.6. On termination of this Agreement by either party you will:

14.6.1. pay to us immediately all sums due;

14.6.2. cease using the name “Cascader” and LMS or any similar names;

14.6.3. cease using any trademark owned by us;

14.6.4. cease to hold yourself out as in any way connected with us;

15. Miscellaneous Terms

15.1. We reserve the right to vary the terms of this Agreement from time to time so long as your rights are not materially affected.

15.2. This Agreement is personal to you and you may not assign this Agreement to any other person without our express consent.

15.3. We do not intend that any of the terms of this Agreement will be enforceable by virtue of the Contracts (Rights to Third Parties) Act 1999 by a person not a party to it.

15.4. We will send notices to you to the email address given by you on the order. They will be deemed served 24 hours after they are sent.

15.5. Any waiver or concession we may allow you is limited to the specific circumstances in which it is given and does not affect our other rights.

15.6. This Agreement constitutes the entire Agreement and supersedes all prior agreements and negotiations.

15.7. These terms shall be governed by and construed according to the laws of England and you submit to the non-exclusive jurisdiction of the English courts for all purposes connected with them.