Terms & Conditions
Last updated 07/29/2009


SecretToolbox.com is an Aspire Communication Services, LLC company (AKA ACS, LLC), mailing address: 7512 Dr Phillips Blvd, Suite 50-613, Orlando, FL 32819, as an affiliate or end user you must agree to the following Terms & Conditions

You agree that you are at least 18 years of age. You must not download, install or use SecretToolbox software if you are not at least 18 years of age. You must not sign up or participate as an affiliate if you are not at least 18 years old. The above statement is applicable at the age of 21, if the legal requirement to view adult/pornographic content where you are viewing content/utilizing the software is 21 years of age.

Payments to affiliates are made on the 1st and 15th of each month. Payments may be made at a later date if a delay is experienced when receiving payment from our payment processor, or any other circumstances that may facilitate a delayed payment, to include but not limited to investigation of any potential fraud from the affiliates traffic. SecretToolbox.com cannot be held responsible for such delays.

Attempting to artificially inflate traffic/revenue will result in immediate account termination without further compensation of any kind.

Affiliates agrees that SecretToolbox will not be promoted on sites that (a) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy of which it is aware; (b) violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) be defamatory or trade libelous; (d) contain illegal pornographic or obscene material; (e) violate any laws regarding unfair competition, anti-discrimination or false advertising, (f) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines or (g) participate in unsolicited emailing or emailing which does not comply with the Can-Spam act of 2003.

SecretToolbox.com cannot be held responsible for any server outages, connectivity problems, or any other situations that may interrupt our service in anyway.

Affiliates and end users agree to relinquish all rights for any legal action against SecretToolbox.com or any of it’s merchants; directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns. Any attempts of legal action must be served and addressed within the state of Florida, and within the city of Orlando. All notices, requests, demands, payments and other communications which are required or may be given under this agreement shall be in writing and shall be deemed to have been duly given on receipt if delivered personally, upon receipt of a facsimile confirmation if faxed, two days after being sent by a nationally recognized overnight carrier, or three days after being mailed by certified mail, postage prepaid, return receipt requested. Notices shall be sent to the address supplied at the beginning of this agreement.

Any attempts of legal action must be served and addressed within the state of Florida, and within the city of Orlando.

The validity of this agreement and any of its terms and provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the state of Florida, without reference to its conflict of laws principles. All disputes arising out of this agreement shall be subject to the exclusive jurisdiction and venue of the Florida state courts of Orange County, Florida (or, if there is exclusive federal jurisdiction, the United Stated District Court for the Orange County, Florida) and the parties consent to the personal and exclusive jurisdiction of these courts. If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the Parties with the other provisions remaining in full force and effect. Either Party's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right unless acknowledged and agreed to by ACS, LLC in writing.

This Agreement (a) constitutes the binding agreement between the parties; (b) represents the entire agreement between the parties and supersedes all prior agreements relating to the subject matter contained herein.

Waiver of any breach or failure to enforce any term of this agreement shall not be deemed a waiver of any breach or right to enforce which may thereafter occur. No waiver shall be valid against any party hereto unless made in writing and signed by the Party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein.

SecretToolbox.com reserves the right to cancel any affiliate accounts, which we consider to be inactive or driving low volumes of traffic.

SecretToolbox.com is not responsible for any errors or omissions. All decisions by SecretToolbox.com are to be considered final.

SecretToolbox.com reserves the right to change/update this agreement at any time, posting changes on this web site.

SecretToolbox.com reserves the right to immediately cancel your affiliate account should you violate any of the conditions within this agreement and at the discretion of SecretToolbox.com, forfeit all further payments.

Once an account is closed/terminated, no further payments will be applied to the account.

Affiliates must only use promotional material provided by SecretToolbox.com

All payments will be made in US Dollars.

Any account cancelled/terminated by the affiliate will be subject to a $10.00 administration fee, if the account balance is less than $10.00, then the only the current balance will be charged.

Affiliates are not permitted to set up more than one account with SecretToolbox.com without permission from ACS, LLC. Affiliates violating this policy will have their account terminated immediately, without any further payment on their accounts.

SecretToolbox offers premium services to end users, these services are available as a subscription service and are not required. SecretToolbox does not guarantee or warrant the function of premium services due outside influences which may effect the function of such services, as an example firewalls may block communication and therefore cause the services not to function as designed.

Installing SecretToolbox is at the end users own risk, SecretToolbox is not responsible for any bugs, errors in the software, and/or loss of any content.

An active account is defined as receiving at least 1 download within the month in order to receive payment, plus the affiliate must sign into the control panel at least once per month

You will indemnify and hold harmless SecretToolbox.com or any of its merchants; directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns. from and against any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys fees) incurred or arising from and against any action or claim brought against SecretToolbox.com to the extent that it is based on (a) any breach of the representations and warranties of you the affiliate set forth in this agreement, (b) any breach of any covenant or agreement to be performed by you the affiliate hereunder or (c) any other intentional or negligent act, omission or misrepresentation by you, SecretToolbox.com shall have no liability hereunder to the affiliate for any indirect, special, punitive or consequential damaged including without limitation, loss of profit or business opportunities, whether or not the party was advised of the possibility of such damages.

Neither party makes any, and each party hereby specifically disclaims any, representations or warranties, express or implied, regarding the products and services contemplated by this agreement, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of third parties, and implied warranties arising from course of dealing or course of performance.

Nothing contained herein shall imply any partnership, joint venture or agency relationship between the parties and neither party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein provided. Affiliates agree to operate as independent subcontractors.

If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this agreement shall not be affected and shall remain in full force and effect.

This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.

All notices, requests, demands, payments and other communications which are required or may be given under this agreement shall be in writing and shall be deemed to have been duly given on receipt if delivered personally, upon receipt of a facsimile confirmation if faxed, two days after being sent by a nationally recognized overnight carrier, or three days after being mailed by certified mail, postage prepaid, return receipt requested. Notices shall be sent to the address at the to of this agreement.

This Agreement (a) constitutes the binding agreement between the parties; (b) represents the entire agreement between the parties and supersedes all prior agreements relating to the subject matter contained herein.

This Agreement shall be governed by, and construed in accordance with the laws of the Unites States of America without regard to its conflicts of laws principles.

This Agreement may be terminated by either party without cause upon at least forty Eight (48) hours prior written notice or email notification.

Neither party shall sell, transfer or assign this agreement or the rights or obligations hereunder, without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION SecretToolbox.com PROVIDES SecretToolbox.com ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND SecretToolbox.com EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. No advice or information, whether oral or written, obtained by affiliate from ACS, LLC shall create any warranty not expressly made herein. Neither party makes any, and each party hereby specifically disclaims any, representations or warranties, express or implied, regarding the products and services contemplated by this agreement, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of third parties, and implied warranties arising from course of dealing or course of performance.

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. SecretToolbox.com AGGREGRATE LIABILTY TO MERCHANT OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE SecretToolbox.com SERVICE/WEB SITE, HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its fault or negligence, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather condition or strikes. The Parties shall resume performance under this Agreement once the Force Majeure condition ceases, with an option, at the mutual agreement of the Parties, to extend any affected delivery or performance date up to the length of time the Force Majeure condition endured.