Calling Monkey LLC operates an Answering and Virtual Assistance service (“Program”) on Callingmonkey.com (“Calling Monkey Website”), which enables the customers (“Clients”) to receive benefits through our live agents. This agreement (“Agreement”) is between the Client (namely, you) and the Calling Monkey LLC (“Company”). The terms and conditions governing Clients and Company are subject to a separate set of terms – Online Advertising Terms and Conditions, as may be amended from time to time.
1.1 Participation in the Program is limited to individuals who are 18 years or older. By enrolling as a Client in the Program, or by utilizing any of COMPANY’s online services, you agree to be bound by this Agreement.
1.2 To enroll as a Client, you must provide your personal information requested on the registration page of the Calling Monkey Website and add your payment information accordingly. We offer four types of membership: Free membership, Starter membership, First Class Membership and Business Advance Membership the benefits of which will be described on the sign-up page. Membership fee will be incurred as a consideration for the benefits Clients receive through the Program. You will receive a confirmation email following the payment. You become a Client upon the receipt of the confirmation email.
1.3 You agree to authorize an automatic payment made to COMPANY in the beginning of each month or each year, subject to the type of membership you choose, for the membership fee. To provide an authorization, you should set up a recurring payment, a subscription, or automatic billing with COMPANY. If COMPANY fails to receive the payment on time, COMPANY has the right to deactivate or freeze your account. COMPANY will not unfreeze your account unless you pay in full all the past due membership fee, provided that such payment must be made within 6 months after the occurrence of the freeze, or otherwise, your membership will be terminated according to Section 6.
1.4 Please be aware that you shall not use the Program for any illegal or fraudulent activity. You may not use scripts or disguised redirects to derive financial benefit from COMPANY.
2.1 You must log into Calling Monkey Website and enter your password to change your account information and maintain your account. To maintain your Active Account, you must update your information if it changes at any time within the last twelve (12) months. You may check your account status and recent earning history at any time on the Calling Monkey Website. For security purposes, it is recommended that you memorize your password and not write it down. You are responsible for keeping your password and other account information confidential. COMPANY is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password.
2.2 It is your responsibility to check your account regularly, to ensure that your Referral Bonus has been properly credited and paid and that your account balance is accurate. If you do not believe that your Referral Bonus has been correctly credited to your account, you must contact COMPANY customer service within 90 days of the qualifying referral. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
3.1 By signing up for membership at COMPANY, you agree to receive communications that are account and membership related (e.g., that we’ve added money to your account, that we are transferring money to your PayPal account on a certain date, etc.) You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the subscriptions link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. But rest assured that we don’t send account emails unnecessarily. You can close your account by contacting COMPANY customer service.
5.1 COMPANY does not install or require you to install any software to access the Program. COMPANY reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of COMPANY Applications for any reason. You may not rent, sell, or sublicense Applications without COMPANY’s prior written consent.
6.1 It is your responsibility to maintain an Active Account through your membership with COMPANY. COMPANY has the right to deactivate or freeze your account when you fail to make the requested payment according to this Agreement, e.g. membership fee, on time. If your account is inactive or frozen for more than six (6) consecutive months, COMPANY will terminate your membership upon notice. Upon termination, COMPANY will close your account permanently and cease to maintain your account records and discontinue your Program access.
6.2 Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or any misrepresentation of any information furnished to COMPANY or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program. Notwithstanding the forgoing, COMPANY reserves the legal right to seek further legal remedy.
6.3 COMPANY reserves the right to terminate the Program at any time with or without notice. In the event the Program is terminated with notice, you will have sixty (60) days from the date such notice is transmitted by COMPANY to you. Notification of Program termination will be sent to the email address you provided to COMPANY during the registration process. COMPANY will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform COMPANY of a change in your email address.
6.4 If, by any chance, you do not wish to continue membership with COMPANY or hold an account on Calling Monkey Website, you may contact COMPANY customer service to terminate your membership. Immediately upon termination, your account will be closed. YOU UNDERSTAND AND AGREE THAT UPON CLOSING YOUR ACCOUNT.
6.5 Please be aware that the membership fee that you paid according to Section 1 are non-revocable and will not be returned to you in case of any termination specified in Section 6. If you would like to restart membership with COMPANY, you will be treated as a new Client and therefore need to follow the rules of becoming a Client as detailed in Section 1.
7.1 You agree to grant COMPANY a license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, republish, edit, translate, make derivative works of, publicly perform such Content to the extent needed to provide the Program to you and in any other lawful manner. The license you grant to COMPANY is permanent, non-exclusive, irrevocable, transferrable and sub-licensable, and worldwide.
7.2 COMPANY hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Calling Monkey Website for your own internal purpose. You may not permit the Calling Monkey Website to be used by or for the benefit of unauthorized third parties. All rights not expressly granted to you are reserved by COMPANY. You shall not (i) modify or make derivative works based on the Calling Monkey Website; (ii) reverse engineer or access the Calling Monkey Website in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Calling Monkey Website. You acknowledge and agree that, as between you and COMPANY, COMPANY owns all right, title, and interest in and to the Calling Monkey Website and the Program, including all intellectual property rights therein such as applicable copyrights, trademarks and other proprietary rights. No license is granted to you under any of those intellectual property rights by virtue of this Agreement. Callingmonkey.com trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Program are the trademarks, service marks or trade dress of COMPANY and may not be copied, imitated, or used, in whole or in part, without the prior written consent of COMPANY.
8.1 MEMBERSHIP IN THE PROGRAM IS SUBJECT TO THIS AGREEMENT. ALL CLIENTS’ MEMBERSHIP AND/OR OPERATING AGREEMENTS AS THEY RELATE TO THEIR AFFILIATE OR PARTNER PROGRAMS WITH COMPANY AND WHICH RESIDE ON THE MERCHANT’S RESPECTIVE WEBSITES ARE HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE.
8.2 THE COMPANY PROGRAM AND APPLICATIONS ARE BEING PROVIDED TO CLIENT “AS IS” WITH NO WARRANTY. COMPANY RESERVES THE RIGHT TO TERMINATE THE PROGRAM AT ANY TIME WITH OR WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND APPLICATIONS.
8.3 COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING (I) THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY CLIENTS IN CONJUNCTION WITH THE PROGRAM; OR (II) THE AVAILABILITY, ACCURACY, CONTENT, RELIABILITY OR ADVERTISING OF THE MERCHANDISE OR SERVICES PROVIDED BY CLIENTS EITHER ON THEIR WEBSITES OR IN THEIR PHYSICAL STORES. IN ADDITION, COMPANY DOES NOT WARRANT THAT ACCESS TO THIS CALLING MONKEY WEBSITE OR USE OF ITS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS CALLING MONKEY WEBSITE OR APPLICATIONS.
8.4 IN NO EVENT SHALL COMPANY BE LIABLE FOR (I) ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE PROGRAM; (II) ANY ACT OR OMISSION BY COMPANY IN ADMINISTERING THE PROGRAM; OR (III) THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF CLIENTS OR SUPPLIERS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8.5 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COMPANY WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY PARTICIPATING MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST COMPANY AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.
8.7 COMPANY MAY CHOOSE TO PROVIDE YOU WITH THOSE NOTICES TO YOU ON OCCASION. IN ALL INSTANCES, YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL TAX LIABILITY ARISING OUT OF THE CONSIDERATION RECEIVED FOR CLIENT REFERRALS.
11.1 You agree to indemnify and hold COMPANY, its shareholders, parents, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand, including reasonable attorney fees, made by any party due to or arising out of Client’s use of the Program, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other clients, and the infringement of intellectual property rights or other rights. COMPANY will notify you of any claim for which COMPANY seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to COMPANY’s interests, as reasonably determined by COMPANY at its sole discretion.
10.1 COMPANY may modify this Agreement from time to time, with or without notice, by posting a revised version on the Calling Monkey Website and/or by emailing you. Your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the Calling Monkey Website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
11.1 All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, must be submitted in writing, within 90 days of the qualifying transaction or referral, to COMPANY. Any such disputes shall be resolved by COMPANY at its sole discretion. All interpretations of this Agreement shall be at the sole discretion of COMPANY.
11.2 This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without reference to conflicts of law rules. As a condition to the use of the Calling Monkey Website and services, you (the Client) agree that any controversy or claim arising out of, or relating to, this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If you file a claim or counterclaim against the COMPANY, you may only do so on an individual basis and not with any other individual or a part of a class action. You agree to waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in New Market, State of Maryland, unless the laws of the jurisdiction where you reside expressly require the application of its laws, in which case the arbitration shall be held in the capital of that jurisdiction. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the online coupon and rebate industry. Each party to the arbitration shall be responsible for its own costs and expenses, including legal and filing fees; provided, however that the arbitrator will have discretion to award legal fees and other costs to the prevailing party. The decision of the arbitrator shall be final and binding on the parties. This Agreement to arbitrate shall survive any termination or expiration of this agreement.
11.3 If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. COMPANY’s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.
11.4 Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between COMPANY and the Clients or between you and COMPANY. This Agreement constitutes the entire agreement between you and COMPANY with respect to the Program.
11.5 COMPANY may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense your rights as a Client without the prior written consent of COMPANY.
11.6 Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.
Why Calling Monkey? Because you want the best and the most knowledgeable operators in the dental and medical industry. We are motivated, loyal operators, professional and dependable. We guarantee that all the calls will be answered.