Terms of Participation

By clicking the "Accept" button or utilizing services offered on The Gold Buyers LLC^SM web site, requesting (via the web site or by telephone), accepting or using materials or supplies provided by The Gold Buyers LLC^SM or otherwise becoming a Gold Buyers LLC^SM company lead or affiliate , you agree to be legally bound by the following Terms of Participation:

1. As a partipant or affiliate of The Gold Buyers LLC^SM , whenever you refer an individual to The Gold Buyers LLC for a purchase of Item(s) in accordance with New Gold Party Company's Terms of Service, you will be entitled to a sales commission as follows:

(i) Your commission will be a percentage of the amount paid by The Gold Buyers LLC for the Item(s) purchased (including payments to "Charity Designations" as set forth in The Gold Buyers LLC’s Terms of Service) based on the table below:

The Gold Buyers LLC Commission Structure	Basic Rate
1^st Degree (individuals referred exclusively by you)	%
2^nd Degree (individuals referred exclusively by your 1^st Degree customers)	%

(ii) Your commission will be paid at the "Basic Rate" set forth in the table above for The Gold Buyers LLC purchases of Items received and purchased by The Gold Buyers LLC from individual attending your specific Party, (iii) No commission will be paid for a referral that for any reason does not result in a purchase by The Gold Buyers LLC. The Gold Buyers LLC has the sole and absolute discretion to pursue, in any manner, or not pursue any purchase from any referred individual, to accept or reject any Item or other material from any referred individual and to determine all pricing and other terms and conditions of purchase.

(iv) The rules and policies regarding eligibility for commissions and credit for individuals referred by you or your referrals will be determined by The Gold Buyers LLC from time to time. Among other things, (a) the introduction must be the initial and exclusive contact with The Gold Buyers LLC (and, without limitation, such individual may not be part of another Participant’s Party, (b) for accurate representation, tracking and processing purposes, The Gold Buyers LLC materials must be used to invite, send or deliver (including, without limitation, any permitted hand-delivery) Items to The Gold Buyers LLC, (c) commission eligibility expires 30 days from the date Participant hosts a Party, if there has not been a sale by such referred individual, or, after the initial sale, the last sale by such referred individual, and (d) no commission will be paid for the purchase of any Item from individuals not referred directly or indirectly Participant.

(v) Within a maximum of 21 days after the end of each calendar month, The Gold Buyers LLC will pay you the commissions to which you are entitled for purchases by The Gold Buyers LLC during such month.

(vi) If you receive payment of any commission in error, you will notify The Gold Buyers LLC of such error and, return upon request any such payment to The Gold Buyers LLC. Alternatively, The Gold Buyers LLC may elect to setoff such payment against other commissions to which you may be entitled.

(vii) Upon The Gold Buyers LLC’s request, you will deliver such documentation as reasonably requested, including, without limitation, an executed form W-9 (typically required when aggregate commissions exceed $600.00). After such request, The Gold Buyers LLC will not have any obligation to pay commissions until your executed W-9 is received. The Gold Buyers LLC has no obligation to deduct or cause to be deducted or withheld from the commissions payable to you any taxes, withholdings or other amounts. At all times you agree to report and pay your own taxes properly and timely.

(viii) Notwithstanding the table above, The Gold Buyers LLC may modify the commission rates from time to time to reflect changes in costs and competitive pressures in the marketplace. Any such changes will apply to subsequent purchases by The Gold Buyers LLC but will not affect any commissions earned by you before the effective date of such change.

(ix) No commissions will be paid to you after 21 days following the termination of your participation as a The Gold Buyers LLC Lead.

(x) All determinations and disputes with regard to commissions will be made and resolved by The Gold Buyers LLC in its reasonable discretion. The Company's determinations will be final and binding.

2. Your participation and status as a The Gold Buyers LLC participant or affiliate is subject to any rules or policies (including, without limitation, commission eligibility criteria) The Gold Buyers LLC may institute from time to time (which will be made available on The Gold Buyers LLC web site.

3. You are not, and you may not act or hold yourself out as, an agent, employee, partner or joint venturer of The Gold Buyers LLC, and no such relationship is intended or created by these Terms of Participation. You have no authority to obligate or bind The Gold Buyers LLC in any respect or to enter into any written or oral contract, agreement or commitment of any kind on behalf of New Gold Party Company. You are not authorized, whether expressly or implied, to offer or communicate pricing on behalf of The Gold Buyers LLC, and must refer all such matters to The Gold Buyers LLC directly.

4. You may not make any representation or warranty concerning The Gold Buyers LLC or Golden Girlz’ services, and you may not make any statement regarding such matters other than those made by The Gold Buyers LLC expressly in writing in its standard promotional materials or on its web site. You may utilize only those materials that The Gold Buyers LLC makes available to you (and, without limiting the foregoing, you may not make or carry any The Gold Buyers LLC business cards). You may not use Company's name, logo or marks in any materials or media (including, without limitation, the Internet), and you may not appear in the media discussing or purporting to represent the Company, without express prior written approval the Company.

5. You may not conduct your activities as a The Gold Buyers LLC Lead in an unprofessional or unethical manner or in violation of any applicable law, rule or regulation or in any other manner that in any way reflects or reasonably could be expected to reflect adversely on the reputation, image, goodwill or business of The Gold Buyers LLC.

6. In addition to any other rights and remedies of New The Gold Buyers LLC, you agree to indemnify, defend and hold harmless The Gold Buyers LLC and its affiliates (which for these Terms of Participation includes TGB LLC, Golden Girlz and its affiliates) from and against any and all losses, liabilities, claims or damages of any kind arising in connection with any negligent, wrongful or improper act or omission by you (relating to your participation in The Gold Buyers LLC or otherwise) or, to the extent not included in the foregoing, any breach by you of any provision in these Terms of Participation.

7. The Gold Buyers LLC and its affiliates will have no liability to you or any other person arising out of your activities as a The Gold Buyers LLC Lead or for any other reason, including, without limitation, any party, event or other activity, except to the extent such liability is the direct result the Company's gross negligence or willful misconduct.

8. In no event will The Gold Buyers LLC or any of its affiliates be liable for indirect, incidental, consequential, punitive, special or exemplary damages. In no event will New Gold Party Company's liability to you for any reason whatsoever exceed the commissions paid to you under these Terms of Participation.

9. At all times, you will maintain indefinitely in strict confidence and safeguard all information of or provided to you by The Gold Buyers LLC which is not generally known or available to the public (whether or not in written or tangible form) and will not, directly or indirectly, disclose, publish, disseminate, reveal or make available to anyone any such information or use or otherwise exploit any such information for the benefit of anyone.

10. At no time will you, directly or indirectly, make any statement (oral or written, or by non-verbal communication) disparaging or otherwise adversely affecting the reputation or image of the Company, or any of its affiliates, or any of their respective services, employees or other personnel, or

11. These Terms of Participation will be binding on you and your heirs, representatives and permitted assigns and will inure to the benefit of The Gold Buyers LLC and its affiliates and their respective representatives, successors and assigns.

12. These Terms of Participation will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. The Gold Buyers LLC and its affiliates will be entitled to reimbursement for any and all damages, losses or costs (including but not limited to attorney's fees and costs) incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of Illinois.

13. You acknowledge that the commissions you receive will depend largely on the successfulness of your own efforts, including but not limited to the investment of your own time, and also will depend on factors outside your control. You understand and are willing to assume these risks. The Gold Buyers LLC has no obligation to provide any training, promotional materials, marketing or other support of any kind.

14. The Gold Buyers LLC makes absolutely no representation, warranty, promise or commitment to you of any kind regarding your being a The Gold Buyers LLC Lead other than as expressly set forth in these Terms of Participation.

TERMS OF SERVICE

The terms and conditions below are legally binding on you as a user of The Gold Buyers LLC service, The Gold Buyers LLC web site(s), and/or as a customer of The Gold Buyers LLC (" TGB LLC"), and inure to the benefit of TGB LLC and its successors and assigns.

Requirements for use. You must be and you represent and warrant that you are):

(i) At least twenty-one (21) years of age;

(ii) The actual legal owner of any and all Items sold or attempted to be sold to TGB LLC or specifically authorized in writing to sell the Items to TGB LLC;

(iii) Unless specifically authorized in writing, acting on your own behalf and not as the agent or representative of another person; and

(iv) Intending and agreeing to be legally bound by these terms and conditions.

TGB LLC may request documentation or other proof of compliance with any of these requirements.

You expressly represent, warrant and agree that you have (or if acting on behalf of or as agent or representative of another person, such person has), full, legal and unencumbered title to, and ownership of, every Item that is sent or delivered by you to TGB LLC and that you have full authority to solely engage in the transaction with TGB LLC.

You agree to and will indemnify and hold harmless TGB LLC from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien on any item sold or purported or arranged to be sold by you to TGB LLC.
Designation of check payee. You agree to accept the check in the amount issued by TGB LLC and you waive your right to return the check and to receive your Item(s) back pursuant to item 3(ii) below.
Offer and acceptance
(i) After receipt and appraisal of your Item(s), TGB LLC will issue a check that constitutes TGB LLC's payment for the purchase of your Item(s). Upon your (or the Referring Lead's, as applicable) cashing, deposit or other acceptance of the check, or your failure to provide timely notice of non-acceptance as provided in item 3(ii) below, you will be legally bound by the sale transaction and you will not have the opportunity or right to receive your Item(s) back from TGB LLC.

(ii) If you do not wish to accept TGB LLC's check and would like your items back, you must call TGB LLC at ____________ to provide notice of your non-acceptance to a customer service representative within ten (10) days of the date on the check. Even if you call, you must also return your check to the Company Address indicated on the top left portion of the check. If TGB LLC receives your phone call within such ten (10) day period, then after receiving your check TGB LLC will return your Item(s), without charge to you, within fifteen (15) business days.
Charity designations
(i) If you indicate that you would like The Gold Buyers LLC to direct your sale proceeds to charity and (B) include a valid Authorized Charity Name at the time of sale to The Gold Buyers LLC , you direct and authorize TGB LLC to pay such proceeds to the organization designated by such action, and, subject to Section 4(ii) below, TGB LLC will issue a check in the amount of such proceeds to such organization as a donation from you.

(ii) After receipt and appraisal of Item(s) subject to a Charity Designation, TGB LLC will issue a non-negotiable check stub to you indicating the amount of TGB LLC's payment for the purchase of your Item(s) (i.e., the amount of the check that TGB LLC will issue to the designated organization as your donation).
(iii) Deductibility of your donated sale proceeds depends on your individual situation and the legal status of your designated organization, and TGB LLC provides no advice and makes no representation or guaranty, and shall have no liability, with regard to any tax matters.
Limitations of liability
(i) TGB LLC will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than TGB LLC, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until TGB LLC acknowledges receipt and verification of your Item(s), even if you send Items in a Custom Mail Package or other materials provided by TGB LLC.
Binding effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with TGB LLC. In no event will TGB LLC be liable to any third party, including, without limitation, any insurance carrier. TGB LLC will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
Choice of law, waiver and claims. These terms and conditions, and all TGB LLC transactions doing business as The Gold Buyers LLC and/or Golden Girlz, will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. TGB LLC's failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other terms and conditions will remain in full force and effect. TGB LLC will be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of Illinois, including but not limited to, attorney's fees incurred by TGB LLC.

TERMS OF USE

This website (the "Website") is provided to you under these terms and condition of use (including, without limitation, any amendments, supplements or restatements that may be posted by The Gold Buyers LLC , the Company (" TGB LLC") from time to time, "Terms of Use").

Binding Agreement

By using the Website, you accept the Terms of Use and agree to be legally bound by them. You should not use the Website if you have any objections to any of the Terms of Use.

Modifications to Terms of Use

TGB LLC may make changes to the Terms of Use from time to time in its sole discretion and will post any such changes on the Website. Each time changes are made, notice of these changes will be posted on the home page. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.

Modification or Suspension of Website

You agree that TGB LLC may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part hereof, temporarily or permanently, without notice to you, and you agree that TGB LLC will not be liable for any consequences of doing so.

Contact Information

If you have any questions or concerns with respect to these Terms of Use or the Website you may contact a representative of TGB LLC as follows:
Email: webmaster@
Phone: 1-888-
Fax: xxx-xxx-xxxx

Electronic Communications

When you communicate with us via email or through the Website, you are communicating with us electronically. You agree that we may communicate electronically and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Compliance with Laws

You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of the Website, including, without limitation, intellectual property laws and privacy laws.

Protection of Intellectual Property Rights

You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos (collectively, "Intellectual Property"), is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE GOLD BUYERS LLC, TGB LLC and/or Golden Gilz BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT TGB LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless TGB LLC, its affiliates, and their respective members, shareholders, directors, officers, employees, and agents from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of, content, your breach of the Terms of Use, or your connection to TGB LLC.

Severability of Terms

If any provision of the Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.

These Terms of Use were last updated on .