Responsibility of Members:

You must be 18 years of age or older. Minors must have parental consent to participate in this program. Effective August 1, 2005 Potential Members in the state of Michigan or Utah must first contact the Program owner using the contact form to inquire about joining so that their age maybe confirmed as minors from these two states are not eligible to join even with parents consent. Our program is open to both US and International members and is void where prohibited by local governing laws. You must be able to understand english enough to be able to read and understand the emails sent to you. You agree to and must use your own name and email address in the sign-up process and may not assume a false identity. In the event that your account is not completely updated with proper address information/payment information/interests checked off you will lose a maximum of $.50 each time your account is accessed during random checks. After 5 deductions of $.50 your account can be terminated and you will lose referrals/earnings. You may not signup multiple times with different email addresses. Your computer must not be shared with another individual that has an existing Sparky-Mail.com account. You may not sell or give your account to another individual. An account may be held only by the person who created it. You will use your email address / password combination to access your account, it is your responsibility to keep this information confidential, you may change this information by logging into your Sparky-Mail.com account and pressing the change information link. Any solicitation of advertisers for a confirmation email for purposes of receiving credit in your account will be grounds for immediate termination. You are solely responsible for any and all use of your Sparky-Mail.com account. Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by Sparky-Mail.com be detected it may result in member termination and possible legal action. You must maintain your email account that you used when signing up with Sparky-Mail.com. You agree to receive email advertising from Sparky-Mail.com. In the event your email account on file becomes closed or blocked for 7 (seven) or more days to messages from Sparky-Mail.com (your account will be subject to termination and you will forfeit all prior earnings. There is a vacation setting for members that can not for whatever reason receive emails and that setting should be used if the member is going to be away for a period of time in which their email could bounce or they can not maintain the activity requirement to maintain membership. Any member needing to place their account on vacation for more than 30 days must email webmistress using contact form to alert the webmistress to their situation. Members must remain active. Members Must Click A Paid Link Once a Month to Maintain Membership. Tests will be ran on a random basis to ensure quality control of our advertiser's adverts. If a member clicks on this test link three times the member's account will be terminated and will forfeit all prior/current and future earnings. The use of any type of Software that allows the paid links to be extracted is not allowed. Any member caught using these softwares will have their account terminated immediately.

Relationship of the Parties:

You and Sparky-Mail.com are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Sparky-Mail.com. You understand that you do not have authority to make or accept any offers or make any representations on behalf of Sparky-Mail.com. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned while using the Sparky-Mail.com program. All members are not to harrass or make threats to the webmistress of Sparky-Mail. If a member harrasses/threatens the webmistress, the webmistress has the right to deduct $5.00 from members account.

Limitation of Liability:

Sparky-Mail.com will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or Sparky-Mail.com program, even if Sparky-Mail.com has been advised of the possibility of such damages. Furthermore, Sparky-Mail.com aggregate liability arising under this Agreement will not exceed the amount of the total fees paid or payable to you under this Agreement. The provisions of this Section survive termination or expiration of the Agreement.

Payments:

Members may earn by receiving and reading paid-emails and visiting the advertiser websites after they have entered their member ID in the area on the website provided by Sparky-Mail.com. Members must remain active, every member must click at least one Paid email link in 30 days. Failure to do so may result in member termination with forfeit of earnings Members will be paid via Paypal/E-Gold. Sparky-Mail.com will pay members when their balance reaches $5 and they request payment. Payment will be made by egold only if sufficient egold funds have been collected through advertising sales. Payments will be made within 30 days or a reasonable time after. Sparky-Mail will pay by Check but a $4.00 fee will apply.

Spam:

You may not promote your referral links through unsolicited emailing (i.e. SPAMMING), newsgroup postings, or any other method of mass communication. Failure to comply will result in immediate termination of your membership with Sparky-Mail.com and may result in legal prosecution. Sparky-Mail.com strictly enforces anti-spamming laws. Spamming is a federal crime. Any member caught spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for Spamming as we shall cooperate with any authorities and investigations that may arise from the Spamming incident. Sparky-Mail.com may charge up to $5 per spam email sent. Multiple signups shall be grounds for immediate termination of all involved accounts. Signing up multiple times from the same computer also constitutes fraud. Sparky-Mail.com will file charges for recovery of any earnings received from multiple signups.