I swear, have people really never heard of TERMS and CONDITIONS. DO YOU GUYS REALLY THINK EVERYTHING IS FREE?? I SWEAR PEOPLE REALLY DON'T CARE ANYMORE, ITS THEIR WAY OR THEY THROW A FIT TO GET THEIR MONEY BACK, WHAT IDIOTS!!! Auction Monster Terms and Agreement.

By clicking on 'Ship My Kit', you expressly agree to the terms and agreement, contained herein. By clicking on �Ship My Kit�, you also expressly agree and accept the terms and billings unconditionally as a binding contract enforceable by law.

Auction Monster, LLC - Member Web Hosting and Web Builder Agreement ("the Agreement").

The following are the terms and conditions of participation in the Auction Monster Member Program ("the Program"). "Affiliate" refers to you. "Site" means a World Wide Website and, depending on the context, refers either to the Auction Monster site ("the Auction Monster site"), located at the URL AuctionMonster.biz, or to any site that you will link to the Auction Monster site and which you will identify in your Program application.

Auction Monster, Inc ("Auction Monster") reserves the right to amend the Agreement from time to time. It is agreed that any such amendment will apply to Affiliate. By accepting commissions where applicable and or continuing use of Auction Monster products, Affiliate agrees to such amendments. Auction Monster agrees to inform Affiliate of any amendment to the agreement. Should Affiliate fail to object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amendment.

Three day right to rescind.

Affiliate shall have three (3) days from the initial billing to call and cancel Auction Monster�s service and receive a full refund. Shipping and Handling fees are non-refundable.

Fees and Pricing.
Subscription Fees for Affiliates of Auction Monster are assessed monthly. Affiliate agrees to be billed a monthly fee of $59.95 for Auction Monster�s Web Builder and Hosting service. Affiliate expressly agrees and states as follows:

"I UNDERSTAND I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED."

Trial Period and Billing.

By agreeing to the terms of the Agreement, Affiliate automatically receives 10-day trial to the Program. Affiliate has 10 days to try the Program and decide whether to accept the Program full-time. Prior to the expiration of the 10-day trial period, Affiliate may cancel its subscription by calling Auction Monster�s toll-free number at 1-800-609-5118 or writing to Auction Monster, 16192 Coastal Highway Lewes, DE 19958. Should Affiliate fail to cancel its subscription, its Subscription with Auction Monster will become active and Affiliate will be billed $59.95 on the 11th day after its trial begins and every month thereafter. If Affiliate�s payment is not submitted either by credit card or check within 30 days of the due date, Affiliate�s web site and services will be suspended. If Affiliate wishes to cancel and not be billed, Affiliate must call 1-800-609-5118 or write to Auction Monster, 16192 Coastal Highway Lewes, DE 19958. Affiliate also agrees to monthly billing. Affiliate expressly agrees to honor all charges and fees due.

Dispute Resolution.

Affiliate expressly agrees that any disputed fee will not be charged back to its credit card issuer. Affiliate expressly agrees to submit in writing any objection regarding fees to Auction Monster. Auction Monster, in its sole discretion, shall determine the validity of Affiliate�s objection and notify Affiliate of its decision. Should Affiliate disagree with Auction Monster�s decision, the parties agree to mediate the dispute before litigation. Affiliate expressly agrees to indemnify Auction Monster for any financial harm or any losses caused by Affiliate�s objections to fees. Affiliate will be held responsible for the reimbursement of those fees and losses.

Credit Card Billing.

Affiliate expressly agrees that if it pays by credit card, check or demand debit, it shall abide by the following statement:

"Affiliate hereby authorizes Reg.net on behalf of Auction Monster to initiate debit/credit entries to my bank deposit account or credit card as indicated upon sign-up and enrollment. This authority is to remain in full force and effect until (a) Auction Monster has received proper notification of its termination in such a manner as to afford Auction Monster reasonable opportunity to act on it, and (b) all obligations to Auction Monster that have arisen have been paid in full."

Affiliates who join this Program will be deemed customers of Auction Monster, and its parent/sister organizations. Accordingly, all associated rules, policies, operating procedures, customer service, and sales will apply to those customers. Auction Monster may change its policies and operating procedures at any time. Product prices and availability may vary from time to time. Auction Monster will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

SPAM Policy.

Auction Monster defines "spam" or "spamming" as the sending of any email on any subject to anyone or any organization that has not requested this information by either requesting it directly from the sender or by giving permission for the sender to send information. Auction Monster does not tolerate Affiliates sending spam. Due to the nature of Auction Monster�s service, Affiliate may be tempted to seek to profit from spam. Auction Monster advises: Affiliate may not send spam or any other unsolicited email. Sending spam and other junk email advertising of any kind from the Auction Monster Website or any other affiliated website is cause for that Affiliate�s immediate and permanent termination from Auction Monster�s service, including any and all associated commissions where applicable.

Auction Monster accepts and logs spamming complaints at its home office. The accumulation of 5 or more complaints to any single Affiliate�s account is grounds for termination of this Agreement and Auction Monster�s services.

If Affiliate violates this policy and it causes damage or loss to Auction Monster�s servers, or causes the Auction Monster website or any of its affiliated websites to be interrupted from normal service, Affiliate agrees to indemnify Auction Monster for all damages and loss of business.

Participation in the Program.

Affiliate�s participation in the Program is expressly conditioned upon Affiliate�s good faith representation of its offers and savings. Auction Monster may terminate Affiliate�s Subscription at any time if Auction Monster determines (in its sole discretion) that Affiliate�s representation is not in good faith or the sites where it advertises are unsuitable for the Program. Unsuitable sites include, but are not limited to, those that:

Promote sexually explicit materials
Promote violence
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promote illegal activities
Violate intellectual property rights
If Auction Monster terminates Affiliate�s Subscription for any reason, Affiliate may reapply for the Program at any time or contest the termination by mailing a written objection to Auction Monster stating its reasons for objection. Auction Monster advses that if it accepts Affiliate�s application and its site is thereafter determined (in Auction Monster�s sole discretion) to be unsuitable for the Program, Auction Monster may terminate this Agreement and its services to Affiliate.

Limited License

Auction Monster grants Affiliate a nonexclusive, revocable right to use Auction Monster�s trademarked text and images (collectively "images") solely for the purpose of identifying Affiliate�s site or products as a participant of the Program and to assist in encouraging and generating further affiliates. Affiliate may not modify the images in any way. Auction Monster reserves all rights in the images and any other of its trade names and trademarks, and all other intellectual property rights. Auction Monster may revoke Affiliate�s license at any time by giving written notice.

Responsibility for Marketing
Affiliate is solely responsible for the development, marketing, promotion, of any and all affiliated sites. Any creative materials Auction Monster provides for marketing and the Program in general carries no guarantees of results. Auction Monster expressly denies and disavows any warranty for successful marketing to any degree.

Affiliate is solely responsible for:

The accuracy and appropriateness of materials posted on Affiliate sites (including, among other things, all Product-related materials)
Ensuring that materials posted on Affiliate sites do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on Affiliate sites are not libelous or otherwise illegal
Ensuring that Affiliate sites accurately and adequately disclose, either through a privacy policy or otherwise, how Affiliate collects, uses, stores, and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. Auction Monster disclaims all liability for these matters. Affiliate expressly agrees to indemnify and hold Auction Monster harmless from all claims, damages, and expenses (including, without limitation, attorney fees) relating to the development, operation, maintenance, and contents of your marketing efforts. Affiliate agrees to defend Auction Monster from any such claim arising Affiliate�s site.
Affiliate Commission

Affiliate commissions will be paid on a monthly basis. Within 30 days following the end of each month Affiliate commissions will be paid via check. However, if the Affiliate commissions earned for any given month are less than $100, Auction Monster will hold payment until the total amount due is at least $100 or, if earlier, the Agreement is terminated. In calculating Affiliate commissions, Auction Monster will deduct from the Affiliate commission the amount of any transaction which is returned for any reason. Checks will be mailed to the address listed in the contact information contained in Affiliate�s account. It is Affiliate�s sole responsibility to insure the correctness of its contact information. All payments will be made in U.S. dollars. Auction Monster is not responsible for lost commission checks due to outdated or incorrect contact information. All tax liabilities incurred due to commission payments are Affiliate�s sole responsibility. Auction Monster will provide tax statements required by the current tax code.

Non-competition

Affiliate may not use its knowledge, or association with other Affiliates to compete against Auction Monster. Also, Affiliate may not enter into any similar agreement with any company within the travel and retail industry. However, Affiliate may partner with companies for the purpose of marketing or selling products from their Affiliate Site, including but not limited to Online Auction sites and traffic promotion sites.

Independent Contractor
Affiliate agrees that it is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of Auction Monster. Affiliate further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of Auction Monster and to indemnify Auction Monster for any such debt, expense or obligation.

Applications for Affiliate status are subject to approval by Auction Monster.

Affiliate, if an individual, must be of legal age in his/her state.

Affiliates will be issued an "Affiliate Link", or unique URL, which allows Auction Monster to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique URL and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must use the provided Affiliate Link. The URL may be in various forms such as a banner, image, or text link. Affiliate expressly agrees not to seek commissions for sales generated through any link other than the appropriate Affiliate Link as determined by Auction Monster.

Affiliate is solely responsible for insuring that its Affiliate Link is set up and arranged properly to qualify for commissions.

Auction Monster is not responsible for acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish service.

Affiliate shall follow Auction Monster advertising guidelines and agrees not to misrepresent Auction Monster�s products or services.

Affiliate shall not hold Auction liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or the Program, even if Auction Monster has been advised of the possibility of such damages. Auction Monster�s alleged liability arising under or with respect to the Agreement or the Program shall in no event exceed the aggregate total commissions paid or payable by Auction Monster under the Agreement.

Auction Monster makes no warranties expressed or implied with regard to Program except as outlined in the Agreement.

In the event that a provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.

The Agreement will be governed and construed, to the extent applicable, in accordance with Delaware law. The parties hereto consent to exclusive jurisdiction and venue in the courts of Suffex County, State of Delaware or the United States Federal District Court located in Lewes, Delaware. The Parties further agree not to disturb such choice of forum, and if not a resident of such state, waive the personal service of any and all process upon them, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.

I have been charged continual amounts from this company without authorization. I paid my webhosting as well through MD webhosting so don't know whey this amount is being taken out each month. I will be reporting this to the NAB credit card fraud team.

When I gave my credit card for MD web hosting, they offered a free auction advice service which mentioned nothing of a continual charge from this organization.

The tape I ordered was supposed to be free, but I still had to pay for shipping and handling. Now my credit card has been charged 2months in a row for 59.95! I now have to report this to my credit card company and try to get this company to refund my money.

Beware!