This release of ZestBit.com is a limited beta test. While we have tried to make sure that the Site works properly in this beta release, you are using it and any of its services at your own risk.

Welcome to ZestBit.com!

ZestBit is a community of Insiders interested in sharing their interests with the world. ZestBit.com provides a free platform with the Tools to write, post videos, feature favorite stores, coupons, photos and products that further enhance our members' passions. We encourage anyone with a desire to share to build a Twist and become a part of this network of people 'in-the-know'!

1. You're in the Loop

This is a very important document.

Everything you need to know about ZestBit.com is laid out here in the Terms and Conditions. In these Terms and Conditions you'll see the policies and conditions you take on as a member and learn how we've defined a site designed especially for you! All who visit ZestBit.com are responsible for upholding these standard Terms and Conditions. If you use ZestBit.com in any way, you agree that you have read, understood and agreed to these Terms and Conditions. As we add new functionalities and as our site grows and develops, we reserve the right to add to and change our Terms and Conditions as we deem necessary. The latest version of our Terms & Conditions can always be seen at http://www.zestbit.com/TermsAndConditions.aspx.

2. Member Rights and Responsibilities

ZestBit.com is built on the notion that you should have control of your internet experience. However, we also expect that there are no abuses of this control and you respect the rights and sensitivities of other users. If you as a user fail to abide by the rules, you will have to forfeit your account, including any commissions that may be earned, for inappropriate activity. Here is how to avoid this...

You must be 18 years or older to participate in the program. You also agree to provide ZestBit.com with accurate information, no Jane Doe's allowed! If we believe you have provided inaccurate information during registration or at any other time, we reserve the right to terminate your account. in OUR SOLE DISCRETION!

As a member, you may maintain only a single account in the program at any given time. Any duplicate accounts are subject to cancellation and the potential loss of all your hard work on ZestBit.com, including any commission you have accrued.

Your password and account are personal to you and are non-transferable. You may not allow anyone else to use your password or account and are fully responsible for action that takes place under your Username. ZestBit.com will act on instructions received under your password. If you suspect unauthorized activity in your account, it is your responsibility to first CONTACT US at Customer Care, and then CANCEL your membership and start anew. ZestBit.com will not be liable for losses that are incurred through the use of your account and/or password by a third party. Commissions earned under the program cannot be assigned or transferred to a third party.

This is or will be YOUR Twist, and that makes it YOUR responsibility for all the information you issue on ZestBit.com. This includes all images, links, information, Usernames, titles, graphics, videos and music you post anywhere! ZestBit is not responsible for any legal action, claims, loss or damage, or intellectual property infringement which results from your violation of any of our Terms and Conditions.

To protect our users, and to protect you Do Not, we repeat Do Not use this a forum to harass, defame, incriminate or intimidate others. If any content you issue on ZestBit.com is threatening, libelous, obscene, harassing, offensive, racially hateful, illegal (or the promotion of anything that is illegal), insidious or ethically negligent (example: content containing animal cruelty or violence against any person or persons) we will remove you and your account----FAST; and any and all commissions you might have earned with be forfeited in our sole discretion.

Be honest about the rating of your Twist. If it's an Adult-Related topic, cite it accordingly with and NC-17 rating, it's that easy. Otherwise, if your Twist is clearly mislabeled your account may have to be frozen or we may re-categorize it for you at our sole discretion.

The content of your Twist must be original, there is no plagiarism allowed so produce your own and don't steal from anyone. If we become aware of plagiarism on ZestBit.com the perpetrator will be removed.

If the content of your Twist or anything you issue on ZestBit.com resembles spam you and your Twists will be removed. This applies to any Twist that redirects users automatically, contains viruses or may cause emailed spam. Nobody wants this stuff so spammers should expect the boot. Along those lines, no machines, scripts or automated services may be used in the Program. Any attempt to tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of any part of ZestBit.com will result in termination of membership and bar you from future participation, and may result in legal action.

You may not violate any Federal, state or local laws in your use of ZestBit.com. You must uphold the laws of the country you reside in if you live outside of the United States.

You must not violate the intellectual property rights of anybody in your use of ZestBit.com. If you wish to use content that is owned by a third party, you are responsible for getting the authorization from that party to use that content on ZestBit.com.

Bottom line, we withhold the right to terminate your UserName and Password and any Twist for any reason we see fit. This should never be a problem for you if you follow the rules. If your membership is terminated by ZestBit.com, ZestBit.com may refuse to pay amounts credited to your account if such amounts were earned in violation, or after violation, of these Terms and Conditions. Should your account be terminated by ZestBit.com, you are prohibited from re-enrolling under a new account unless formally invited to do so by ZestBit.com

3. We Do Our Darndest for You....

ZestBit.com utilizes the appropriate industry practices to safeguard the confidentiality of your account information and to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. However no data transmitted over the internet can be 100% secure. Consequently, while ZestBit.com makes every effort to protect your personal information, any information you provide ZestBit.com is transmitted at your own risk.

4. Communication & Privacy

You have control over how much contact other users are able to have with you. First and foremost you reserve the right to have no communication with members. All contact information will need to be activated by you in 'My Account' if you decide you'd like to make your experience on ZestBit.com a more social one, and we encourage this!

By joining ZestBit.com, you are agreeing to receive ZestBit.com notification and promotional emails, e-newsletters and other email offers. If you do not wish to receive these emails, you may opt out at any time by updating your account information at Customer Care by clicking on the unsubscribe link on the email itself; or by clicking the My Account link at the top of the Home Page.

By joining ZestBit.com, you agree that you have reviewed and accepted our Privacy Policy.

5. Participating in the Program

Part of the ZestBit.com commitment is to provide our writers with an incentive for keeping a respectable and up-to-date page with good content. As such, members of ZestBit.com may be rewarded with commissions for their efforts. Commission for a Twist is a combination of a few factors. First, Google Adsense revenue is aggregated and distributed to valid Twists based on an equation that factors in traffic numbers, etc. This number is then added to commissions received from shoppers from your Twist. These sales are aggregated and split after costs and overhead are taken care of. You will be paid quarterly once your account reaches a minimum of $20. Or, better yet, you can donate your money to charity, which will be paid out directly to the charity. Every little bit helps! ZestBit reserves the right to change account payment minimums and payment schedules as it deems necessary.

ZestBit reserves the right to adjust account earnings balances as necessary due to merchant commission payment adjustments and bad debt, changes in merchant promotions, and any other reason which in the sole discretion of ZestBit make such account adjustments necessary. But hey, if you disagree with an adjustment made to your account, contact us at Customer Care so we can take another look and/or explain the adjustment to you. All decisions made by ZestBit.com are final.

6. Content

ZestBit.com was designed for you! You are creating the content, displaying the content, and generally keeping the pages looking good! We are providing to you tremendous tools with which you can display content. Upon posting content on ZestBit.com, you, or any third party that has granted you permission to use their content on this site, are accepting full responsibility for the content assigned to your member ID. The writer is responsible for all content uploaded and transmitted. As the content is not generally edited before being published, ZestBit.com cannot guarantee the integrity, accuracy or quality of the content on the website.

If you have a link directly to a store with which ZestBit.com or ShopAtHome.com has an affiliate program, ZestBit.com reserves the right to change the direct link to a link that will generate credit for the ZestBit.com affiliate program.

You own the content you post on ZestBit.com. By publishing content on ZestBit.com, you are granting ZestBit.com and Belcaro Group Inc. the exclusive right to display, reproduce, modify, publish, and adapt information provided. Certain information from ZestBit.com may be used for marketing purposes on other websites, including our sister site ShopAtHome.com. You grant ZestBit.com a royalty-free, non-exclusive license to all information published on ZestBit.com.

ZestBit.com has the right to disclose content and account information when required by law or legal subpoena; in an effort to enforce Terms and Conditions, respond to third parties who offer claims against violation of rights, or to uphold the rights of ZestBit.com employees or members.

7. Disclaimers

We make no warranties of any kind, either express or implied, including any implied warranty of merchantability or fitness of the services provided for a particular purpose or non-infringement. ZestBit.com shall not be liable for the content of any posting on the Site. All account holders and users of ZestBit.com content expressly agree that the use of any aspect of ZestBit.com is at their sole risk. ZestBit.com shall not be liable to any user or third party for the inoperability or unavailability of the services, technical failure, corruption of data, loss of information, or any other malfunction of the Site and/or its services.

In no event shall ZestBit.com be liable for any indirect, incidental, consequential special or exemplary damages, including, but not limited to, loss of profits or business opportunity or other intangible losses; even if such damages were foreseeable and even if a party has been advised of the possibility thereof. ZestBit.com's maximum liability in any case shall not exceed the sum of $100.

8. Crossing the T's & Dotting the I's - The Legal Stuff

You as a ZestBit.com member, agree to indemnify and hold ZestBit.com, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising in any way out of your participation in the program, your use of any of the features of ZestBit.com, the violation of these Terms and Conditions by you, or the infringement by you, or other user(s) of your postings or account, of any intellectual property or other right of any person or entity, or as the result of any threatening, libelous, obscene, harassing or offensive material contained in any of your postings or communications having to do with and/or on ZestBit.com.

You may cancel your Membership at any time by indicating your cancellation on your account information. Should you decide to cancel your membership or if there is no activity in your account for a period of 12 consecutive months, you will forfeit all earned commission and any other account balances. If you choose to re-enroll at a later date, you will be assigned a new account number with a starting balance of $0.

ZestBit.com reserves the right to immediately terminate the ZestBit.com Program at any time with notice. You will have thirty days from the date of notice of program termination is provided to redeem any commission you've made if it exceeds $20. Notice of program termination shall be effective upon our sending such notice to the email address you provide to ZestBit.com during the registration process. You must respond to the email sent to you by ZestBit.com regarding verification of your contact information and notification of program termination. Should you not respond to the aforementioned email within 30 days of the notification of program termination, you will forfeit any and all commissions that remain in your Member account. Notification of program termination shall be effective upon our sending such notice to the email address you provide to ZestBit.com during the registration process.

Any disputes and/or claims arising out of this Membership Agreement, the use of the Site and/or any products and services acquired under or relating to this Agreement shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association which shall govern such arbitration and be conducted before a single arbitrator in Denver, Colorado. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private attorney general capacity. We will pay the costs of the arbitrator. Except for the costs of the arbitrator, each party shall bear its own costs, including any attorneys' fees. Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition to any other remedies, we shall also have the right to seek injunctive relief to protect our intellectual property rights in and to our Site, the program, and any associated services of the Site.

This Agreement constitutes the entire Agreement between you and ZestBit.com in connection with general Membership in the program and supersedes all prior agreements between the parties regarding the subject matter contained herein. 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. No failure of either party to exercise or enforce any of its rights under this Membership Agreement will act as a waiver of such rights.

Thanks for hanging in there; we know you'll love being an Insider on ZestBit.com!

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