By signing up as a ChartSmarts Affiliate, you are agreeing to abide by the following Terms of Service of Equity Guardian Group LLC, the publisher and distributor of ChartSmarts.

This agreement is by and between Equity Guardian Group LLC (the publisher and distributor of ChartSmarts Daily Charting Newsletters) and/or their assigns and all subscribers. Unless the context requires otherwise, Equity Guardian Group LLC. and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or affiliate."

You understand that Equity Guardian Group LLC. and/or their assigns does not guarantee nor predict any type of profit or response from said services. Affiliate agrees to hold Equity Guardian Group LLC harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Equity Guardian Group LLC and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

A. Services to be Provided. We agree to pay you, the ChartSmarts Affiliate, a starting base 25% commission for every sale (including renewals) as described on our website for completed and processed sales generated by customers refered by you after the 2 week risk-free trial period (guaranteed by the ChartSmarts Service) has expired.

1.Second Tier Affiliates Program. Should you sign up a second tier affiliate through our online signup system, we will pay the second tier affiliate 25% of any completed and processed sales, generated by customers refered by them, after the 2 week risk-free trial period (guaranteed by the ChartSmarts Service) has expired. In addition, we will  pay you an additional 10% of THEIR sales (including renewals).

ChartSmarts Subscription/Order cancellations after the original order processing and within the 2-week trial period offered ChartSmarts Subscribers will not be commissionable. Chargebacks from customers may be deducted from future earnings.

B. Termination. We may terminate your account:

(a) if you violate our Terms Of Service Policy; (b) promote Equity Guardian Group LLC in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.

(b) if any sales acquired by you are found to be based upon false or fraudulent claims in advertisements or correspondences by you, termination will be immediate and compensation denied. Any legal fees incurred originating from any said actions on your part shall constitute your explicit liabilty.

C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CHARTSMARTS SERVICE, EQUITY GUARDIAN GROUP, LLC., ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with our standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. WE DO NOT TOLERATE SPAM. You may also be subject to fines and legal actions as a result of your own bulk email promotion. We shall not be held liable nor responsible.

E. Assignment. This agreement is personal to you and you alone. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement.

F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Should we find it necessary to change any terms of service, we shall attempt to notify you and address any concerns before making any changes. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to any new or adapted terms and conditions, you may terminate this agreement in accordance with Section B.

G. Notification of Account Changes. You agree to provide Equity Guardian Group with such information relating to your use of this service and agreement as we deem necessary to conduct business as stated under these terms. This includes, but may not be limited to providing us with your full legal name, Social Security or TID number for official IRS reporting purposes only, current address, active email address, telephone number, and billing information changes.

H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the Affiliate, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization.

J. In the event of a dispute, both parties agree to contact each other by any and all means possible in order to attempt an understandable and mutually agreeable resolution before any other actions are attempted. Should any meaningful collaboration and/or personal communication not produce a peaceful understanding and agreement, also binding under the terms of this agreement, both parties must agree to submit the matter to an official Dispute Resolution Service or Board located in Kenton County, Kentucky, before instituting litigation.

If you agree to the Preceeding Terms and Conditions:

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