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Terms of Service (revised 01.02.10)

Acknowledgment & Acceptance

By enrolling and/or using GomperĀ® ("Gomper"), you agree that you have read and understand this Agreement ("Agreement") and that your membership in Gomper shall conform to its terms and conditions.

Gomper is owned and operated by Neovendo, Inc. ("Neovendo").

Gomper members ("Members"") may earn Compensation ("Compensation") for installing and activating the Gomper Companion ("Companion") and for Companion activity of other Gomper members in their Network ("Network"). Compensation may be in the form of U.S. currency. The amount of Compensation is determined by the Member having the Companion installed and Active ("Active") on their personal computer.

The Companion is Active when the browser it is installed on is the active window; mouse or keyboard activity has been detected within a pre-determined timeframe and objectionable content is not being viewed. Gomper reserves the right at any time to modify to modify the criteria for determining when the Companion is Active and the formula for calculating Compensation.

Compensation calculation

The amount you earn depends on your own personal activity and that of your network. When the Companion is open and you are using your computer, you get paid. You also get paid when a member of your network is earning. Initially, there is a cap of 1 hour per day and the payments are based on a share or the money paid by advertisers.

Gomper.com reserves the right to send Members messages from time to time. Such messages may include Gomper system updates; administrative announcements; Network updates; special requests and other similar messages ("Administrative Messages") and may be sent via email or regular mail. Members can elect to stop receiving email, but cannot unsubscribe from these Administrative Messages while a Member of Gomper.

Gomper.com reserves the right to limit Gomper enrollment at any time.

Gomper.com Privacy Policy

Gomper.com promises to maintain the privacy of members' personal information. The full extent of our commitment can be found by visiting our Privacy Policy.

Terms of Participation

Only individuals 18 years or older and residing in the U.S. may become Gomper Members. Gomper reserves the right to prevent Member access and the Gomper website from IP addresses outside of the U.S.

Corporations or other business entities are not eligible to become Members.

Gomper membership and its right to use is limited to one individual per Gomper account.

Gomper.com allows only one email address per Member.

A Member agrees to provide only true and accurate information to Gomper (including to its advertisers and partners) at all times.

Member agrees not to abuse Gomper privileges by conduct which is detrimental to the interests of Gomper.com, including without limitation attempting to accrue Compensation in a manner inconsistent with the rules of Gomper or intent of this Agreement, having multiple accounts, attempting to earn Compensation through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with Gomper Network links, etc.

Gomper.com reserves the right to terminate or disable, at Gomper.com's sole discretion, any Gomper membership if Gomper.com believes such Member has violated or acted inconsistently with the rules of Gomper or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Compensation. Member understands and agrees termination of membership will result in the cancellation of all Compensation.

Gomper.com shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Compensation) shall be final and binding.

Gomper.com is not responsible for lost or stolen Compensation once issued.

The amount of Compensation required to redeem are subject to change at any time without notice.

Member inquiries regarding Compensation not received must be received by Gomper.com within 6 months after the initial issue date. Thereafter, Gomper.com will have no obligation to re-send Compensation to the Member.

Member agrees to confirm that all information in Member's personal profile is up to date and accurate.

Member agrees to promptly notify Gomper.com of any change in Member's address (mail or email) or personal profile by updating his or her personal information in the Profile section of the Website. Member's discontinued participation in Gomper or failure to notify Gomper.com of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Compensation.

Gomper.com reserves the right to cancel or disable accounts and expire unredeemed Compensation in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response (clickthru), Companion activity, or profile update.

Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in Gomper if and to the extent that such participation is permitted by such laws, rules, and regulations. Gomper.com refuses to enroll Member, or to restrict, modify, or terminate Member's participation in Gomper, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in Gomper could violate any law, rule, or regulation.

Disclaimer of Warranties

Member expressly agrees that use of Gomper is at Member's sole risk.

Gomper and all services offered therein are provided on a strictly "as is" and "as available" basis. GOMPER.COM MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR COMPENSATION OBTAINED BY MEMBERS THROUGH GOMPER OR THROUGH GOMPER ADVERTISERS OR PARTNERS; THAT GOMPER WILL MEET MEMBERS' REQUIREMENTS; OR THAT GOMPER WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES GOMPER.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GOMPER OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GOMPER.

Gomper.com expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Gomper.com shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by Gomper advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from Gomper.com or through Gomper shall create any warranty not expressly made herein.

Limitation of Liability

GOMPER.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN GOMPER. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Gomper.com is not responsible for damages or losses that result from participating or inability to participate in Gomper, or reliance on or use of information, services, or merchandise provided on or through Gomper.

Member acknowledges and agrees that Gomper.com neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.

Gomper.com is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points.

In no event shall Gomper.com's liability, either jointly or severally, exceed $100.

Third Party Services

To enhance the value of the Gomper service to its Members, Gomper.com may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation.

Such third parties shall be STRICTLY bound by the terms set forth in the Gomper Privacy Policy.

Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services.

Termination

AT ANY TIME EITHER MEMBER OR GOMPER.COM MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS SHALL BE CANCELLED.

Termination of Member's membership by Member is effective upon Member submitting a termination request through the Gomper Web site located within the Delete Your Account page found in the Profile area on the Gomper Web site. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. The Internal Revenue Service requires us to maintain payment history and account information for the most recent three years after which we will delete all record of your account.

Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with Gomper, Member's only recourse is to immediately discontinue participation in Gomper and properly terminate his or her membership. (See paragraph above.)

Gomper.com reserves the right to terminate the membership of any Member who appears to be using Gomper in a manner inconsistent with this Agreement, the intent of this Agreement, or any Gomper rules.

Non-Transferability

Member's right to use Gomper is non-transferable.

Earnings are non-transferable and are void if transferred.

Member's membership will terminate immediately in the event of Member's death.

Earnings may not be bartered or sold.

Gomper accounts and Earnings are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.

Proprietary Rights to Content and other Intellectual Property

Member acknowledges that Gomper content (including but not limited to text, sound, photographs, graphics, or other material contained in any Gomper communication, advertisements, or messages, whether by Gomper.com or Gomper.com's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by Gomper.com, its advertisers and partners, as the case may be.

Member agrees not to forward any Gomper offers or promotions to others without first obtaining the express written permission of Gomper.com; Gomper offers are specific to Member's membership unless otherwise stated.

Modifications

Gomper.com reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be located on the Gomper Web site in the Legal area.

Member's non-termination or continued use of Gomper constitutes an affirmative acknowledgment by Member of any modification to the Member Terms of Service Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may terminate Member's membership.

Gomper.com reserves the right to modify or discontinue the Gomper service with or without notice to Member.

Gomper.com shall not be liable to Member or any third party should Gomper.com exercise its right to modify or discontinue the Gomper service.

Member's continued participation in the Program shall constitute an affirmative acknowledgment by Member of any amendment or modification to the TOS and Member's consent to abide and be bound by said TOS as amended or modified.

Notices

All notices given by Gomper.com to Member will be given by email, regular mail or by general posting on the Gomper Web site.

Indemnification

Member agrees to indemnify and hold Gomper.com, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of Gomper or violation of this Agreement.

Laws

Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in San Francisco, California, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

This contract shall be governed by the law of the State of California, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.

Member and Gomper.com agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

This Agreement constitutes the complete and exclusive understanding between Gomper.com and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Gomper.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gomper.com in writing.