Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING
Terms and Conditions
1. Introduction
1.1 Welcome to [Social Thrive Co] (the "Website"). These Terms and Conditions ("Terms") govern your use of the Website, including the purchase of digital goods and services. By accessing or using the Website, you agree to comply with and be bound by these Terms.
1.3 The Website is owned and operated by [Social Thrive Co]
1.3 These Terms are in accordance with the Australian Consumer Law (ACL), being Schedule 2 to the Competition and Consumer Act 2010 (Cth). These Terms will not limit your legal rights and remedies under that legislation. These Terms will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and that legislation, the mandatory provisions of the legislation will apply.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY
2. Consumer Guarantees
2.1 Our goods and services come with guarantees that cannot be excluded under the ACL. More information about consumer guarantees may be found on the website of the ACCC: (https://www.accc.gov.au/consumers/buying-products-and-services/consumer-rights-and-guarantees)
3. Use of the Website
3.1 You agree to use the Website in accordance with these Terms and all applicable laws and regulations.
3.2 The Website owner reserves the right to suspend or terminate your account if you violate these Terms.
4. Intellectual Property
4.1 The Website, including all images, text, logos, documents, downloadable files and anything that contributes to the composition of the Website are the intellectual property of [Social Thrive Co], unless expressly stated otherwise. You may not reproduce, distribute, or create derivative works without our express consent.
5. Purchase of Goods and Services
5.1 These Terms govern the sale of goods and services available on our Website, including [eg online courses, ebooks, guides and other digital products and coaching services –
5.2 You agree to pay in full for goods and services ordered on the Website at the time of purchase.
5.3 These Terms apply to all the goods and services that are displayed on our Website at the time you access it. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Website at your own risk.
5.4 We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
5.5 We may offer goods and services from third parties, and we cannot guarantee the quality or accuracy of these third-party products.
6. Payment
6.1 Payments on the Website are processed through Stripe and PayPal. Your use of these services is subject to their respective terms and conditions.
6.2 When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
7. Refund policy
7.1 Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision.
8. Third-Party Links
8.1 The Website may contain links to third-party websites or services. We have no control over the content, policies, or practices of these third parties. Users are encouraged to review the terms and privacy policies of any third-party websites accessed through these links.
8.2 The Website may include affiliate links, which means that [Social Thrive Co] may earn a commission or other compensation from third-party websites linked from our Website. There is no additional cost to you.
8.3 [Social Thrive Co] is not responsible for the content, policies, or practices of these third-party websites. Users are encouraged to review the terms and privacy policies of any third-party websites accessed through affiliate links.
8.4 The inclusion of affiliate links on the Website does not constitute an endorsement or recommendation by [Social Thrive Co] of the linked websites or any products, services, or information offered on those websites.
8.5 By using the Website, you acknowledge and agree that [Social Thrive Co] is not liable for any loss, damage, cost, or expense arising out of or in connection with your use of affiliate links.
9. Limitation of Liability
9.1 To the fullest extent permitted by law, [Social Thrive Co] disclaims all liability for any loss, damage, cost, or expense, whether direct, indirect, consequential, or incidental, arising out of or in connection with your use of the Website.
10. Indemnity
10.1 Except where prohibited by law, by using this Website you indemnify and hold harmless [Social Thrive Co] from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Term.
11. Applicable Law
111.1 These Terms are governed by the laws of [your state or territory]. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
12. Dispute Resolution
12.1 Subject to any exceptions specified in these Terms, if you and [Social Thrive Co] are unable to resolve any dispute through informal discussion, then you and [Social Thrive Co] agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and [Social Thrive Co]. The costs of any mediation will be shared equally between you and [Social Thrive Co].
12.2 Notwithstanding any other provision in these Terms, you and [Social Thrive Co] agree that you both retain the right to bring court proceedings.
13. Severability
13.1 If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
14. Amendments
14.1 [Social Thrive Co] reserves the right to amend these Terms at any time. Any changes will be effective immediately upon posting on the Website.
15. Entire agreement
15.1 The above terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and [Social Thrive Co].
16. Contact Information:
16.1 Please contact us if you have any questions or concerns. Our contact details are as follows:
[Social Thrive Co]
[7 Kukulies Court, Currumbin Waters QLD 4223]
[info@socialthriveco.com]
[0414622578]
Last updated: [24.01.24]
Income Disclosure Statement
Thank you for considering my Master Resell Rights business opportunity. I believe in the potential for individuals to earn income by selling digital products, but it is essential to understand the dynamics involved. Please read this Income Disclosure Statement carefully before proceeding.
No Guaranteed Income: I do not guarantee any specific level of income or success. The earnings potential in this business is contingent on various factors, including individual effort, skill, and experience. Participants should approach this opportunity with realistic expectations and a willingness to invest time and effort.
Varied Factors Impact Earnings: Individual earnings may vary. The success of my business opportunity is influenced by personal commitment, dedication, and the ability to apply the provided resources effectively.
Expenses Not Included: Any income figures mentioned in my marketing materials or by other participants do not consider expenses associated with running a business. These expenses may include, but are not limited to, marketing, travel, and other operational costs.
No Representation of Success: I make no representation or warranty regarding the level of success any individual may achieve through my programs, products, or services. Success is subjective and depends on individual goals and efforts.
Informational Purposes Only: Income figures presented are for informational purposes only. They are not indicative of average or typical earnings and should not be construed as such. They should be viewed as potential estimates rather than typical or guaranteed earnings. Actual results may differ.
Individual Responsibility: Individuals who purchase my products are responsible for their own success. It is crucial to conduct personal due diligence to determine if this business opportunity aligns with your goals and expectations.
By participating in my business opportunity, you acknowledge and agree to the terms outlined in this Income Disclosure Statement.
Privacy Policy
Effective Date: [Date]
[Social Thrive Co] ("we," "us," or "our") is committed to protecting the privacy and security of your personal information. This Privacy Policy outlines how we collect, use, disclose, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
1. Collection of Personal Information
We collect personal information from customers and potential customers for the purposes of providing services, information, and marketing. The types of personal information we collect may include:
· Names
· Addresses
· Email addresses
· Phone numbers
This personal information is obtained through various channels, including:
· Emails
· Website forms
· Customer's website and social media accounts
· Other publicly available sources
· Cookies
· Third parties
2. Purpose of collection
The purpose for which we collect personal information is to provide you with the best service experience possible on the website.
We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
By using our Website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.
3. Disclosure of Personal Information
We will only disclose your personal information to third parties under the following circumstances:
· With your explicit consent
· Where required or authorised by law
4. Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
It is not our intention to collect sensitive information. However, where sensitive information has been collected by use, it will be used by us only:
· For the primary purpose for which it was obtained;
· For a secondary purpose that is directly related to the primary purpose;
· With your consent; or
· Where required or authorised by law.
5. Cookies
Our website uses cookies to enhance the user experience. Cookies are small pieces of data stored on your device that help us improve our website's functionality and tailor our services to your needs. You can modify your browser settings to manage cookie preferences.
6. Security
We take reasonable measures to protect your personal information from unauthorised access, disclosure, alteration, and destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
7. Access and Correction
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.
8. Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by our privacy officer and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
9. Overseas Transfer
Your personal information may be transferred overseas or stored overseas for a variety of reasons. It is not possible to identify each and every country to which your personal information may be sent. If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled in that jurisdiction. If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia's, we will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the Australian Privacy Principles.
10. GDPR
In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with that law.
11. Updates to this Privacy Policy
We may update this Privacy Policy to reflect changes in our practices or legal requirements. We will notify you of any significant changes by posting the updated Privacy Policy on our website.
12. Contact Information
If you have any questions or concerns about this Privacy Policy, please contact us at:
[Social Thrive Co]
[7 Kukulies Court, Currumbin Waters QLD 4223]
[info@socialthriveco.com]
[0414622578]
SIMPLY PASSIVE T&C's
Can the Licensee sell the Simply Passive? YES
Can the Licensee sell the unlimited amounts of Simply Passive? YES
Can the Licensee sell resell rights or master resell rights to Simply Passive? YES
Can the Licensee edit, modify, or alter the product or claim authorship or copyright of Simply Passive? NO
Can the Licensee change the name of the course, Simply Passive, inside the course if I sell registration into your course? No. You may add to the name and brand around the product but the product that is accessed through this method stays named Simply Passive. You can rebrand around it for sales and marketing purposes but the product that users will access if you sell a registration link will stay Simply Passive.
Will the Licensee receive the source files of Simply Passive? NO
Will the Licensee be able to download and edit the original source files? NO
Will the Licensee responsible for providing their own payment processor, and providing customer service to those you bought Simply Passive? YES
Can the Licensee include the Product in a bundle or package and sell it at a higher price? YES
Can the Licensee sell the Product for a lower price or discount? NO
Can the Licensee distribute the Product for free? NO
Can the Licensee offer the Product as a bonus to another product being sold? NO
Can the Product be sold on auction sites such as eBay.com? NO
Can video training included in the Product be modified in any way? NO
Is the minimum sale price for the Product $387 USD? YES
Can the Licensee sell the Product at any price point above $387 USD? YES
Can discounts be applied to the Product's sale price? YES, provided that the discounted price does not fall below the minimum sale price of $387 USD. We recommend $687 discounted down to $387 USD.
Can the Licensee sell the Simply Passive and offer a promo? NO. Simply Passive must marketed, listed & sold for a minimum of $387 USD. Promos such as gift cards back and cash back are not allowed & will result in removal from the course. You may offer your own digital products, services or 1-on-1’s as bonuses.
If you have any particular questions regarding these distribution rights, please reach out to hello@simplypassive.co.
Social Thrive Co
info@socialthriveco.com
Terms and Conditions for UBC.
THE UBC AMENDING AND CARRYFORWARD AGREEMENT among [Social Thrive Co] (“Reseller”) and CUSTOMER dated as of MARCH 1, 2024 AMENDING AND CARRYFORWARD AGREEMENT
This Amending and Carryforward Agreement (the "Agreement") incorporates terms set out in the UBC Master Reseller Agreement, dated March 1, 2024 (available at: ubcmrr.com/legal) and is meant to bind Reseller and its Customers.
WHEREAS, the Reseller has purchased UBC and wishes to resell UBC to its customers using terms and conditions set out in the UBC Master Reseller Agreement. NOW, THEREFORE: 1.
All references set out in the UBC Master Reseller Agreement to the UBC JV and/or to 12316421 CANADA INC. and/or to 10574104 CANADA INC. are hereby replaced with Reseller; and 2. Reseller hereby amends and agrees to carryforward terms and conditions set out in the UBC Master Reseller Agreement in respect of its contractual relationship with its Customers.
Our Terms and Conditions were last updated on August 31st 2023.
Please read them carefully before purchasing.
These Terms and Conditions ("Agreement") govern your use of the master resell rights digital product ("The Ultimate Branding Course" or "UBC") provided by UBC Canada Inc. ("we," "us," or "our").
By accessing or using the Product, you agree to be bound by this Agreement. If you do not agree with these terms, please refrain from using the Product.
Grant of License:
We grant you a non-exclusive, non-transferable license to use and sell the Product in accordance with the terms and conditions set forth in this Agreement.
This license is limited to the duration of your ownership of the master resell rights to the Product.
Intellectual Property:
The Product, including but not limited to its content, design, logos, trademarks, and any associated materials, are protected by intellectual property laws and are the exclusive property of The company stated above or its licensors. You acknowledge that you have no ownership rights in the Product, except for the master resell rights granted under this Agreement.
Indemnification:
You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, and expenses (including attorney's fees) arising out of or in connection with your use of the Product, your violation of any term of this Agreement, or your infringement of any intellectual property or other rights of any third party.
Termination:
We reserve the right to terminate or suspend your license to use the Product at any time and without prior notice if we believe you have violated any provision of this Agreement. Upon termination, you must cease all use of the Product and destroy any copies you may have.
Amendments:
We reserve the right to modify or update this Agreement at any time. Any changes will be effective immediately upon posting the updated Agreement on our website. Your continued use of the Product after the posting of any changes constitutes your acceptance of such changes.
Entire Agreement:
This Agreement constitutes the entire agreement between you and the company stated above regarding the use of the Product and supersedes any prior or contemporaneous understandings or agreements, whether written or oral.
Changes to Terms & Conditions:
We reserve the right to update or modify these terms and conditions at any time without prior notice. Your continued use of the website after any changes to the terms and conditions indicates your acceptance of such changes. It is your responsibility to review these terms and conditions regularly.
Company Information:
Our Privacy Policy was last updated on August 31st 2023.
Please read them carefully before purchasing.
These Terms and Conditions ("Agreement") govern your use of the master resell rights digital product ("The Ultimate Branding Course" or "UBC") provided by UBC Canada Inc. ("we," "us," or "our").
By accessing or using the Product, you agree to be bound by this Agreement. If you do not agree with these terms, please refrain from using the Product.
Information We Collect:
We may collect personal identification information from you in various ways, including but not limited to when you access or use the Product, register an account, place an order, or communicate with us.
The information we collect may include, but is not limited to:
- Your name, e-mail address and contact information
- Billing and payment information
- Demographic information such as your location
- Information related to customer support inquiries
Use of Collected Information:
We collect and use your personal information for the following purposes:
- To process and fulfill your orders
- To improve customer service by responding to your inquiries and requests
- To personalize your experience and provide relevant content
- To send periodic emails regarding your orders, updates, or other relevant information
- To enhance and secure the Product's functionality and features
- To comply with legal and regulatory obligations
Protection of Information:
We implement appropriate data collection, storage, and processing practices, as well as security measures, to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our platform.
Sharing of Information:
the company stated above may collect and use Users' personal information for the following purposes:
To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To send periodic emails
We may use the email addresses to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the User may contact us via our Site.
We do not sell, trade, or rent your personal identification information to third parties for marketing purposes. However, we may share your information with trusted third-party service providers who assist us in operating our business, providing services, or conducting activities on our behalf. These parties are contractually obligated to keep your information confidential and secure.
Third Party Websites:
You may find links to third-party websites within the Product. These websites have their own privacy policies, and we do not assume any responsibility or liability for their content, activities, or practices. We encourage you to review their privacy policies before providing any personal information.
Compliance with Laws:
We will disclose your personal information if required by law or if we believe that such disclosure is necessary to comply with a legal obligation, protect our rights or property, investigate potential violations, or enforce our policies.
Changes to Privacy Policy:
The company stated above reserves the right to update or revise this Privacy Policy at any time. Any changes will be reflected on this page, and the updated Privacy Policy will have an effective date mentioned at the top. We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your information.
Changes to Privacy Policy:
By accessing and using the Product, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not use the Product. Your continued use of the Product following the posting of changes to this policy will be deemed as your acceptance of those changes.
If you have any questions or concerns about this Privacy Policy, please contact us at the company email provided on first page
Company Information:
Our Refund Policy was last updated on August 31st 2023.
Purchase Terms of Agreement:
The purchase of digital products, including PDF downloads and online material is subject to the following terms and conditions. Consumers are advised to review carefully before making any purchase.
All transactions for purchase are intangible products, pdf downloads, resources material, and online content are made through payment gateways such as PayPal or Stripe that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
Since your purchase is a digital product, it is deemed "used" after download or opening, and all purchases are non-refundable or exchangeable. Since the products made available here are intangible, there is a strict no refund policy.
The company information above reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product or service offerings without prior notice.
If you do not receive the digital product link or download option upon purchasing, you can immediately contact The company information above with your transaction/payment details to ensure your product is delivered as soon as possible.
Your acceptance of these terms:
By using this site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our site. Your continued use of the site following the posting of changes to this policy will be deemed your acceptance of those changes.
Company Information:
Our Earnings Disclaimer was last updated on August 31st 2023.
Please read them carefully before purchasing.
These Terms and Conditions ("Agreement") govern your use of the master resell rights digital product ("The Ultimate Branding Course" or "UBC") provided by UBC Canada Inc. ("we," "us," or "our").
By accessing or using the Product, you agree to be bound by this Agreement. If you do not agree with these terms, please refrain from using the Product.
No Income Guarantees:
Disclaimer: No Earnings Projections, Promises or Representations.
While the Product may provide you with the opportunity to generate income, we make no guarantees regarding the amount of income you will earn. Your individual success depends on various factors, including your skills, efforts, market conditions, and the demand for the Product. Any testimonials or examples of income displayed on our website or promotional materials are exceptional cases and do not represent a guarantee of future earnings.
Business Risks:
Engaging in any business, including the sale of the Product, involves inherent risks. We do not guarantee that you will achieve any specific financial results or that the Product will generate substantial profits. You acknowledge that there are risks associated with running a business, and you assume full responsibility for any outcomes or losses resulting from your use or sale of the Product.
Income Potential:
The income potential associated with the Product is highly subjective and can vary significantly from person to person. Your success depends on various factors, such as your marketing strategies, target audience, competition, and economic conditions. We cannot predict or guarantee your individual results.
Limitation of Liability:
To the extent permitted by law, we shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use or promotion of the Product, including but not limited to loss of profits, business interruption, or loss of data. This limitation applies regardless of the legal theory upon which a claim for damages is based, even if we have been advised of the possibility of such damages.
Compliance of Laws:
You are responsible for ensuring that your use and promotion of the Product comply with all applicable laws, regulations, and ethical standards. It is your responsibility to verify the legality of reselling the Product in your jurisdiction and to comply with any tax obligations or other legal requirements related to your business activities.
By using or promoting the Product, you acknowledge that you have read, understood, and agreed to this income disclaimer. If you do not agree with any part of this disclaimer, please refrain from using or promoting the Product.
Our Distribution Rights were last updated on August 31st 2023.
Distribution Rights:
â—Ź CAN be Sold - YES
â—Ź CAN sell resale rights or master resell rights - YES
â—Ź CAN add the product into your product bundle or package and sell for a higher price - YES
â—Ź CANNOT be added to a paid membership site
â—Ź CANNOT give the product away for FREE
â—Ź CANNOT be downloaded and uploaded into another host or platform
â—Ź CANNOT offer the product as a bonus to another product you are selling. However, you can offer other bonuses to this product when selling - YES
â—Ź You CANNOT sell the product on auction sites such as eBay.com - NO
â—Ź You CANNOT use nor sell this product in a dime sale event, under any circumstances at all
â—Ź Videos CANNOT be Modified in ANY WAY
â—Ź Product minimum sale price is $499 however product can be sold to the price of your choice, any price point above $499
Digital Product Licensing Agreement:
This Digital Product Licensing Agreement (the "Agreement") is made effective as of the date purchased, by and between the company information above ("Licensor"), and the Purchaser ("Licensee"). The Licensor and Licensee may be referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, the Licensor owns a digital course entitled "The Ultimate Branding Course" or "UBC" ("Product") created by UBC Canada Inc.
INNER BLOOM T&C's
Income & Tax T & C's
By proceeding with your business setup, you acknowledge and assume complete responsibility for ensuring its compliance with the laws of your respective state. Additionally, you accept the obligation of paying the applicable taxes according to the regulations relevant to your global location.
1. Tax Responsibility:
2. No Teaching or Tax Advisory Services:
3. Income Reporting:
4. Release of Liability:
By participating in Inner Bloom, members release Inner Bloom and its affiliates from any liability related to tax matters, including but not limited to tax obligations, penalties, or legal consequences arising from the member's failure to comply with applicable tax laws.
5. Tax Credits and Deductions:
6. Changes in Tax Laws:
7. Indemnification:
8. Agreement to Terms:
By becoming a member of Inner Bloom, individuals affirm that they have read, understood, and agreed to these terms regarding tax responsibility.
9. Governing Law:
10. Contact Information:
What Is Master Resell Rights
Master Resell Rights (MRR) is an agreement that the creator of a product has put in place. This agreement allows you to resell the product you just bought as your own. Meaning you get to keep all of the profit from it.
Digital products with Master Resell Rights is hot right now because the Digital Marketing world has blown up as it’s estimated to reach £1.5 Trillion by 2030.
You buy a digital product like a Template, an Ebook or a Course, or Masterclass and because it comes with Master Resell Rights you can sell it straight away to your network and make all the profit from every single sale. No hidden costs, just 1 payment for the product.
When a product comes with Master Resell Rights it’s a done for you product that you get to sell as your own. Meaning you can sell products that you didn’t have to create or that you have no experience in or background knowledge about.
There are courses and even ebooks available that teach you everything you need to know about Digital Marketing and the best part is they come with Master Resell Rights which means you learn from the content and sell it at the same time, They also teach you how to create your own products.
When you purchase Inner Bloom with Master Resell Rights it gives you the permission to sell access to the Academy and keep all the profit. We give you all the tools you need to know how to do this whilst also helping you improve your wellbeing so you can Bloom into your Healthiest, Wealthiest, most Empowered Version of you.
The same link you have used to access the Academy when you purchased the product, is the same link you will send to your customers.
You can share this link with your paying customers in anyway you like. We will provide editable canva templates and email templates you can use. These will be shown in the following lessons.
When selling Inner Bloom please ensure you include the below Distribution Rights & Terms & Conditions:
These Terms and Conditions ("Agreement") pertain to your utilization of the master resell rights giving you ACCESS ONLY to the Inner Bloom Academy, provided by Inner Bloom LLC ("we," "us," or "our").
By accessing or employing the Product, you are accepting the terms outlined in this Agreement. If you disagree with these conditions, kindly refrain from using the Product.
Purchase Terms & Refund Policy:
By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site, Product and/or Service(s).
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Products and/or Services.
Due to the digital nature of our products, we do not offer refunds after purchase.
Grant Of License:
We provide you with a non-exclusive, non-transferable license to utilize, modify, and sell the Product in adherence to the terms specified in this Agreement. This license is restricted to the duration of your ownership of the master resell rights to the Product.
Intellectual Property:
The Product, encompassing its content, design, logos, trademarks, and associated materials, is safeguarded by intellectual property laws and is the exclusive possession of Inner Bloom LLC or its licensors. Except for the master resell rights granted under this Agreement, you recognize that you possess no ownership rights of the Product. The Master Resell Rights Grants you permission to sell access to the Academy, not to sell it's content separately or add to your own offering.
You agree that you will not download any of the content or share with anyone outside of the Academy. The only content you are able to download are Ebooks. You can only resell them as your own if the Ebook states it comes with Master Resell Rights. If it does not state this, then you can not resell it.
Indemnification:
You consent to indemnify, defend, and exempt us from any claims, damages, liabilities, and expenses (including attorney's fees) emerging from or associated with your use of the Product, violation of any term in this Agreement, or infringement of any intellectual property or other rights of a third party.
Termination:
We uphold the right to terminate or suspend your license for Product use at any time without prior notice if we believe you have breached any provision of this Agreement. Upon termination, you must discontinue all use of the Product and eliminate any copies in your possession.
This Academy was a Wellbeing Academy first, the MRR came second so anything that will compromise Inner Bloom will be reviewed and removed if we deem this necessary.
Amendments:
We retain the right to modify or update this Agreement at any time. Any alterations become effective immediately upon posting the revised Agreement on our website. Your continued Product use following any changes indicates your acceptance of such modifications.
Entire Agreement:
This Agreement serves as the comprehensive understanding between you and Inner Bloom LLC regarding Product use, superseding any prior agreements, whether written or oral.
Changes to Terms and Conditions:
We reserve the right to update or modify these terms and conditions at any time without prior notice but agree that they will be dated and previous conditions archived for reference. Your continued use of the Product after any changes indicates your acceptance of such modifications. It is your responsibility to regularly review these terms and conditions.
Inner Bloom's Disclaimer:
Master Resell Rights grants you access to the academy, any video content is not downloadable. There are ebooks that are downloadable for your own self development, these are not to be sold as your own.
Any ebooks with Master Resell Rights are only within the Digital Marketing section and will state that they can be sold as your own.
IMPORTANT T & C's & Distributions Rights:
Inner Bloom must be marketed & listed for no less than $99 USD (this moves to $222 USD Dollars on 1st April) It CANNOT be offered for FREE. When converting to your local currency use $222 into a currency converter to get your minimum retail price.
You may not list it in your StanStore or other selling platform for less than $99 USD, or offer a coupon code for people to purchase it for less than $99 USD at checkout. (this moves to $222 on 1st April.)
You may NOT offer a promo in the form of a gift card, cash or other reimbursement method back.
You can add your own digital products, 1-on-1 calls as bonuses to show your personal value & personality!
You CANNOT offer the product as a FREE bonus to another product you are selling. However, you can offer other bonuses to this product when selling. You can add the product into your product bundle or package and sell for a higher price but Inner Bloom must not be offered for FREE and must equal it's minimum value of $99 ($222 on the 1st of April) example you have a product for $100 & want to add Inner Bloom into the package the minimum retail would be $199 at it's $99 retail or $322 when the price moves.
Inner Bloom CANNOT be added to a paid membership site
You CANNOT sell the product on auction sites such as eBay.com
You CANNOT use nor sell this product in a dime sale event, under any circumstances at all.
Videos CANNOT be Modified in ANY WAY or uploaded on other hosts.
Discounts can be applied but the price cannot fall below the minimum retail of $99 ($222 1st of April) which means your retail would have to be higher than the discount price $99 soon to be $222.
This helps protect and serve our whole community & keeps value & integrity of the Academy.
Thank you so much for your help in making sure these terms are kept so we can keep this course & space based on integrity, value & character.
Terms dated 23rd March 2024.
Selling with a purpose
Distribution Rights:
- CAN be sold as an affiliate product. YES
- CANNOT sell resale rights or master resell rights. NO
- CANNOT add the product into your product bundle or package and sell for a higher price NO
- CANNOT be added to a paid membership site NO
- CANNOT give the product away for FREE NO. If you are marketing that they will get SWP with the purchase of another course, YOU MUST PAY FOR THE COURSE. You MUST tell them you are PAYING for the course for them, NOT that it is FREE.
- CANNOT offer the product as a bonus to another product you are selling. However, you can offer other bonuses to this product when selling
- You CANNOT sell the product on auction sites such as eBay.com - NO
- You CANNOT use nor sell this product in a dime sale event, under any circumstances at all.
- Product minimum sale price is $247. As an affiliate product, you can only resell this product through Stan Store. You will receive 80% commission and paid out per Stan Store policy by Stan Store.
- Discounts cannot be applied: NO
- You CANNOT offer gift cards, reimbursements, or any other type of monetary offset in exchange for the course purchase.
If any of these Distribution Rights have been broken, Crystal Phan LLC, as the right to remove access and affiliate resell ability from the Purchaser without any refund or warning due to the breach without any legal ramifications to Crystal Phan LLC.
Digital Product Licensing Agreement
This Digital Product Licensing Agreement (the "Agreement") is made effective as of the date purchased, by and between Crystal Phan LLC ("Licensor"), and the Purchaser ("Licensee"). The Licensor and Licensee may be referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, the Licensor owns a digital course entitled "Selling with Purpose" ("Product") created by Crystal Phan LLC
Crystal Phan LLC
crystaldigitalbiz@gmail.com
Our Terms & Conditions was last updated on March 18, 2024
These Terms and Conditions ("Agreement") govern your use of the affiliate product "Selling with Purpose" provided by Crystal Phan LLC ("we," "us," or "our").
By accessing or using the Product, you agree to be bound by this Agreement. If you do not agree with these terms, please refrain from using the Product.
Grant Of License:
We grant you a non-exclusive, non-transferable license to use resell the Product "Selling with Purpose" in accordance with the terms and conditions set forth in this Agreement.
This license is limited to the duration of your ownership of the affiliate product.
Intellectual Property:
The Product, including but not limited to its content, design, logos, trademarks, and any associated materials, are protected by intellectual property laws and are the exclusive property of Crystal Phan LLC or its licensors. You acknowledge that you have no ownership rights in the Product, except for the affiliate marketing rights granted under this Agreement.
Indemnification:
You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, and expenses (including attorney's fees) arising out of or in connection with your use of the Product, your violation of any term of this Agreement, or your infringement of any intellectual property or other rights of any third party.
Termination:
We reserve the right to terminate or suspend your license to use the Product at any time and without prior notice if we believe you have violated any provision of this Agreement. Upon termination, you must cease all use of the Product and destroy any copies you may have.
Amendments:
We reserve the right to modify or update this Agreement at any time. Any changes will be effective immediately upon posting the updated Agreement on our website. Your continued use of the Product after the posting of any changes constitutes your acceptance of such changes.
Entire Agreement:
This Agreement constitutes the entire agreement between you and Crystal Phan LLC regarding the use of the Product and supersedes any prior or contemporaneous understandings or agreements, whether written or oral.
Changes to Terms and Conditions: We reserve the right to update or modify these terms and conditions at any time without prior notice. Your continued use of the website after any changes to the terms and conditions indicates your acceptance of such changes. It is your responsibility to review these terms and conditions regularly.
The Terms & Conditions of "Selling with Purpose" are bond to the distribution rights here: https://moneywithcrystal.com/swpaffiliaterights
Any other purchase of MRR courses through Crystal Phan LLC shall be bound by the Terms & Conditions of the respective course and its distribution rights. The following courses that are bound by their respective course terms and conditions and distribution rights are:
- Ultimate Branding Course
- Digital Wealth Academy
- Simply Passive
- Online Profit Secrets
Company Information:
Crystal Phan LLC
crystaldigitalbiz@gmail.com
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THE DUO
INCOME DISCLOSURE STATEMENT THE DIGITAL COURSE, LLC provides individuals with an opportunity to earn income through Master Resell Rights. We believe that selling a Digital Product can be a viable source of income for many people, but we cannot guarantee any specific level of income or success. Any income figures presented in our marketing materials or by other purchasers of this product ARE NOT GUARANTEES OF INCOME. Income is dependent on various factors, including but not limited to individual effort, skill, and experience. Therefore, actual earnings may vary and are not guaranteed. We make no representation or warranty as to the level of success that any individual may achieve through our business opportunity or any of our programs, products, or services. The income figures presented are for informational purposes only and do not include expenses related to operating a business, such as marketing, travel, and other costs. Individuals who join our community are responsible for their own success and should conduct their own due diligence to determine whether our business opportunity is right for them. We do not provide any guarantees or promises regarding income or success. Any earnings or income statements should be considered as estimates of what an individual could potentially earn, and not as typical or average earnings
WEBSITE TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING OR USING ANY PRODUCT OFFERED BY THE DIGITAL COURSE, LLC, ALSO REFERRED TO AS “TDC,” OR ANY PRODUCT OFFERED BY ____________, REFERRED TO AS “SELLER.” BY PURCHASING OR USING THIS PRODUCT, YOU, REFERRED TO AS “YOU” OR “PURCHASER,” ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PRODUCT LICENSE: By purchasing the digital master resell rights product for THE DIGITAL COURSE or THE DIGITAL MINI or THE DIGITAL BUNDLE (hereinafter “THE DIGITAL PRODUCTS”), you are granted a non-exclusive license to resell the product to others with master resell rights. The Digital Products, along with the rights conferred, are NOT multilevel or network marketing. You may sell the product as many times as you wish and earn 100% profit for each sale you make. This is NOT a commission-based product or model. Seller is solely responsible for approving all sales of The Digital Products on their individual website. No access shall be granted to The Digital Products until after Seller confirms access. LIMITATIONS: You shall not modify or alter any of The Digital Products in any manner whatsoever. However, you may brand your sales process to be your own, claim ownership over The Digital Products, and offer additional benefits or items in addition to The Digital Products on your individual website. The Digital Products cannot be downloaded and may only be accessed online after purchase and approval by Seller and creation of an account with TDC. Only one license may be conferred per sale from Seller to You in accordance with all agreements or documents cited in these Website Terms and Conditions. You shall not circumvent any of these restrictions and any attempt to do so, including downloading, modification, recording, or attempted recreation of The Digital Productsshall constitute breach of contract, theft and other criminal causes of action (which shall be prosecuted to the fullest extent of the law), and subject you to all available damages allowed by law, including $1 million payable as liquidated damages, and not as a penalty. WARRANTIES: This product is provided "as is" without any warranties or guarantees. Seller and TDC make no warranties, express or implied, with respect to the product, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. There is no level of success or income guaranteed with the purchase of this product. Please refer to our FAQ’s and income disclosure statements. INTELLECTUAL PROPERTY: All intellectual property rights in this product, including but not limited to copyright, trademarks, and trade secrets, are the sole property of TDC. TERMINATION: Seller or TDC will never terminate this agreement, except in instances as required by law or due to your failure to adhere to any applicable agreements you have entered into with Seller or TDC. The Digital Products, once purchased, will forever be in possession of Purchaser (via online access only) for resale to a third-party so long as you remain compliant with all laws and any agreements or documents between Seller, Purchaser, and/or TDC. If Purchaser violates the Website Terms and Conditions, MRR User Agreement, Privacy Policy, or any other agreement referenced by any of the aforementioned documents, Purchaser’s access shall be restricted or revoked. INDEPENDENT CONTRACTOR: Buyer agrees and understands that Buyer is an independent contractor, and not an employee, partner, owner or operator who bears no implied, actual, or apparent authority of Seller’s or TDC’s businesses. No parties are not engaged in a joint venture as a result of a purchase of The Digital Products. REFUNDS: All sales of this product are final. Refunds will not be granted for any reason due to this product containing downloadable content, which is deemed “used” and not in the original state once purchased or downloaded. LIABILITY: TDC shall not be held liable for any damages arising from the use or inability to use this product, including but not limited to direct, indirect, incidental, or consequential damages. You hereby certify and stipulate that you are in compliance with any and all applicable laws or thirdparty agreements. You shall indemnify and defend TDC against any and all causes of action, claims, or lawsuits unless you are able to prove by clear and convincing evidence that your acts, statements, or omissions have had no ill or negative effect on TDC. TDC bears no liability for Seller’s failure to confirm access as specified in these Website Terms and Conditions and all other referenced or incorporated documents. You shall not disparage TDC in any manner. GOVERNING LAW: This agreement shall be governed by and construed in accordance Florida law. ENTIRE AGREEMENT: This agreement (Website Terms and Conditions), combined with the MRR User Agreement, Privacy Policy, and any other documents referenced by these documents, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter of this agreement. Should you choose to purchase any of The Digital Products, this Agreement shall consist of the Website Terms and Conditions, Privacy Policy, MRR User Agreement, as well as any other documents agreed to by both you and THE DIGITAL COURSE, LLC. LEGAL WAIVERS: By entering into this Agreement (as specified in the preceding paragraph), You knowingly, willingly, and voluntarily waive any and all rights to trial by jury, as well as any right to seek class certification or bring any class action lawsuit against TDC. By purchasing from Seller or using this digital master resell rights product from THE DIGITAL COURSE, LLC, you agree to be bound by the terms and conditions set forth in this Agreement and all other incorporated or referenced documents. If you do not agree to these Website Terms and Conditions and referenced or incorporated documents, do not purchase or use this product
DWA - Terms & Conditions
Terms of Purchase – Digital Wealth Academy Last Modified: April 2, 2024 1. PARTIES. In consideration of being permitted to use, access and resell the Digital Wealth Academy online course (the “Product”), and the value you will gain by using, accessing and reselling the Product, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or “Licensee”) and THE DIGITAL WEALTH ACADEMY LLC, a Florida limited liability company (hereinafter “Company”, “Licensor”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties”. 2. ACCEPTANCE OF TERMS OF PURCHASE. The following Terms of Purchase (“Terms”) govern your use of, access to and reselling of the Product. These Terms are legally binding and it is your responsibility to read them before you begin to use, access, or resell the Product. Your act of purchasing, using, or distributing the Product, whether directly from Company or from an authorized licensee, constitutes your acceptance of these Terms, including any modifications or updates that Company may make to these Terms from time to time. Any such modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means including via email or through an update posted on a website provided by Company. 3. TERM. These Terms shall be effective on the date of purchase of the Product by Licensee and shall continue in full force until terminated as provided herein. Upon termination or expiration of the term, all rights granted to the Licensee under these Terms, including the right to resell the Product, shall immediately cease and the Licensee shall immediately cease all use, promotion, and sales of the Product. Termination or expiration of these Terms shall not affect any rights or obligations that: (a) are meant to survive termination (including but not limited to indemnification and limitations of liability); and/or (b) have accrued prior to such termination. 4. PAYMENT. In full consideration of Company’s performance, obligations and the rights granted herein, Licensee agrees to either: (1) pay in full in the amount of $497.00 at the time of registration; or (2) pay in 3 monthly installments in the amount of $165.00 per installment, with the first installment paid at the time of registration. Licensee may choose to finance payments through third party companies After Pay or Klarna. All payments made by Licensee to Company are non-refundable. If Licensee elects to pay in monthly installments, payment shall be automatically collected by Company on a monthly basis. If Licensee elects to pay in monthly installments, Licensee may not terminate or cancel any future payment obligations. If Licensee elects to pay in monthly installments, Licensee hereby authorizes Company to maintain Licensee’s account and payment information and charge that account automatically in accordance with these Terms. Due to the nature and immediate access to the Product, if Licensee discontinues use of the Product, Licensee hereby agrees to remain responsible for all outstanding payments for the remainder of the Term. Payment will be collected by Company via Credit Card and through the Company’s website. Licensee hereby gives Company authorization to charge its credit/debit card on file for any outstanding fees. Payment failure will result in termination of the license granted herein effective immediately. Licensee agrees and warrants that all payment instruments, credit cards and related information, i.e. billing address, used in connection with Licensee’s purchase of the Product are correct and that Licensee is authorized to use such payment instrument. 5. LATE FEES. If Company does not receive payment from Licensee within fourteen (14) calendar days of any payment date, then Licensee will be charged a late fee of 1.5% of the outstanding amount per each day that Company does not receive payment. 6. CHARGEBACKS. Licensee to make every attempt to file for a refund prior to attempting a chargeback with a financial institution. Licensee will remain responsible for amounts due pursuant to these Terms in the event Licensee disputes payment with a financial institution. In the event of a chargeback attempt, Licensee expressly agrees to forfeit any and all intellectual property licenses and/or deliverables afforded to Licensee in exchange for purchase of the Product. Company reserves the right to present proof of purchase and these Terms to the financial institution investigating the dispute. 7. PRODUCT LICENSE. By purchasing the Product, and only after the Product purchase price is paid in full unless otherwise provided herein, Licensee is granted a non-exclusive license to resell the Product to others with Master Resell Rights. Master Resell Rights allow those the right to resell and redistribute a certain product while retaining the profit from sales. This license does not include any rights to the use or incorporation of the Company’s videos within the online course. This license extends only to the files and text which are included in the Product. If Licensee desires to incorporate videos with its online course, Licensee must incorporate its own videos. Subsequent to Company’s receipt of full payment from Licensee for the Product in the amount of $497.00 or if Licensee opts to make monthly payments to Company through third party companies After Pay or Klarna, Licensee may sell the Product as many times as desired and retain the profits. Licensee is not permitted to modify or alter the product in any way, shape or form unless expressly provided herein. Licensee is permitted to brand its own sales process and claim ownership over such sales process. Licensee is not permitted to use Company’s branding or intellectual property for any purpose. Licensee may transfer the rights to resell the Product if and only if the Product is sold for the minimum price of $497.00. 8. INTELLECTUAL PROPERTY. All copyrights, patents, trademarks, trade secrets, and other intellectual property rights in the Product are and shall remain the sole and exclusive property of Company/ Licensor. Licensee is granted a non-exclusive, non- transferable, revocable right to resell the Product in accordance with these Terms. These Terms do not convey to the Licensee any rights of ownership in or related to the Product, or any intellectual property rights owned by the Company. The Licensee shall not attempt to register, or assist others in registering, any trademark, copyright, or other intellectual property that is substantially similar to the Company's. In the event the Licensee becomes aware of any potential infringement of the Company's intellectual property rights, the Licensee must promptly notify the Company in writing. 9. LICENSE RESTRICTIONS. Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise tamper with the Product with the exception of filming and incorporating Licensee’s own videos. Notwithstanding the foregoing, these restrictions include but are not limited to the following: (1) Selling portions of the Product; (2) Renaming the Product; (3) Changing material within the Product; (4) Changing the creator of the Product. Licensee shall not claim ownership of the Product copyright. Licensee shall not impersonate the Company in any way including Company’s business, brand’s name, content, other products, and other intellectual property. 10. RESELLING RESTRICTIONS. Licensee may resell the Product to end users without transferring the Master Resell Rights. Reselling to other resellers is permitted. If reselling the Master Resell Rights of this Product, the Licensee agrees to include these Terms with the product and to ensure that all customers adhere to these Terms. Failure to adhere to these Terms will result in the revocation of the Licensee’s resell rights, termination of Licensee’s license under these Terms, and Company will pursue legal action for damages caused by the misuse of this Product. Licensee is not permitted to give away the Product for free, or as part of a free bundle; however, Licensee may include additional content or opportunities with the Product so long as those opportunities do not conflict with the Product or the Product’s content. 11. MARKETING RESTRICTIONS. Any marketing or promotional activities conducted by the Licensee must accurately reflect the Product's purpose and capabilities. Marketing of the Product under false pretenses, misrepresentation, or any form of deceptive practice is strictly prohibited and constitutes a material breach of these Terms. Licensee shall bear all responsibility and liability for any false, misleading, or inaccurate representations made in relation to the Product. Company does not endorse or permit the use of income claims for the purpose of marketing the Product unless there is an express and written earnings disclaimer prominently featured with such marketing materials. Licensee agrees to indemnify Company from any damages sought from the Licensee that are a direct result from advertising income claims. Licensee agrees that they are responsible for their own business and that Company is not a part of nor endorses the actions of their business entity. On one single occasion per month, Licensee is permitted to offer a promotion of a $50.00 gift card to their customers. Licensee is not permitted to offer a promotion of a gift card in any other circumstances unless expressly provided herein and may not offer a promotion of a gift card for any amount that exceeds $50.00. 12. PAYMENT PLATFORMS. Licensee acknowledges and agrees to use third-party payment platforms ("Payment Platform") for the sale and distribution of the Product. Licensee agrees to comply with all terms, conditions, policies, and guidelines of the Payment Platform and to conduct all transactions in compliance with all applicable laws and regulations. Licensee shall indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee’s use of the Payment Platform, including but not limited to the Licensee’s non-compliance with the Payment Platform's terms, conditions, policies, guidelines, or any applicable laws or regulations. Company is not responsible or liable for any aspect of the Payment Platform, including but not limited to, the availability, accuracy, reliability, or legality of the Payment Platform. Company makes no representations, warranties, or guarantees regarding the Payment Platform. Licensee acknowledges and agrees that any dispute or claim arising out of or in connection with the Payment Platform is between the Licensee and the Payment Platform, and Company shall have no liability or obligation in connection therewith. 13. MINIMUM SALE PRICE. Licensee agrees that the minimum sale price for the Product shall be $497.00 ("Minimum Sale Price"). Any discounts, promotions, or other pricing strategies employed by the Licensee must maintain the sale price at or above the Minimum Sale Price. In no event shall the Licensee offer or apply any discounts or promotions that would result in the sale price of the Product falling below the Minimum Sale Price. Licensee acknowledges and agrees that failure to adhere to the Minimum Sale Price may result in immediate termination of these Terms and Licensee’s license, at Company’s sole discretion, in addition to any other remedies available to Company under law or equity. Licensee is permitted to offer gifts or bonuses as part of the promotion of the Product, provided that these offerings do not function as a discount on the Product's sale price. Licensee acknowledges and agrees that any gift or bonus offered must be separate from and not linked to a reduction in the sale price of the Product below the Minimum Sale Price. On one single occasion per month, Licensee is permitted to offer a promotion of a $50 gift card to their customers. 14. AGREEMENT MODIFICATION. Licensee acknowledges and agrees that these Terms constitute the complete and exclusive statement of the agreement between the Licensee and Company, and that it supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of these Terms. Licensee is not permitted to modify or amend these Terms in any manner without the express written consent of Company. Any such unauthorized modification or amendment will be null and void. Licensee agrees not to enter into any other contract or agreement that would supersede, alter, or conflict with these Terms. Any such contract or agreement will be null and void to the extent that it conflicts with these Terms. Licensee acknowledges and agrees that it is their sole responsibility to review these Terms periodically to familiarize themselves with any modifications. Continued use of the Product after any such modifications constitutes the Licensee's agreement to such changes. 15. REFUND POLICY. Licensee acknowledges and agrees that due to the nature of the Product being eligible for download, all sales of the Product are final and non-refundable. Licensee must clearly communicate this return policy to their customers prior to the sale of the Product, ensuring that customers understand that they are purchasing a nonrefundable product. Failure to comply with this return policy or any misrepresentation of it to customers may result in immediate termination of these Terms, at the sole discretion of Company, in addition to any other remedies available to Company under law or equity. 16. CONFIDENTIAL INFORMATION. Licensee acknowledges that they may have access to confidential and proprietary information ("Confidential Information") of Company. Confidential Information includes but is not limited to customer lists, business plans, financial data, marketing plans, product specifications, and other proprietary knowledge related to the Product or Company. Licensee agrees that they will not disclose, disseminate, or make available any Confidential Information received from Company, directly or indirectly, to any third party without the prior written consent of Company. Licensee further agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, dissemination, or publication of Confidential Information, including ensuring that any employees, contractors, or other agents who have access to Confidential Information sign a non-disclosure agreement. 17. AUDIT RIGHTS. Company reserves the right to audit, at its sole discretion and at any reasonable time, the Licensee's books, records, and operations related to the use, sale, and distribution of the Product to ensure compliance with these Terms. Company reserves the right to inspect and approve the Product before it is made available to the public. 18. INDEMNIFICATION. Licensee agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party"), against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related but not limited to: (a) any breach or non-fulfillment of any representation, warranty, or covenant contained in these Terms, or any other agreement contemplated hereby, by the Licensee; (b) any use or misuse of the Product by the Licensee or any third party gaining access to the Product through the Licensee; or (c) any infringement of intellectual property rights arising from the Licensee's unauthorized use or modification of the Product. 19. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Company, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Product. Under no circumstances will the Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Product or the information contained therein beyond $497.00, the purchase price of the Product. To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from the Licensee's access to and use of the Product; (c) unauthorized access to or use of Company's secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the Product; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Product by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Product; and/or (g) user content or the defamatory, offensive, or illegal conduct of any third party. 20. REVOCATION OF LICENSE. Licensee acknowledges and agrees that any violation of these Terms, including but not limited to the unauthorized sale, distribution, modification, or use of the Product, will result in the immediate revocation of the license granted herein. Upon revocation of the license, the Licensee shall immediately cease all use, sale, distribution, and promotion of the Product and all associated materials. The Licensee shall also remove the Product from any and all platforms where it may be available, including but not limited to websites, membership sites, and online stores. Licensee understands and agrees that revocation of the license does not absolve the Licensee of any obligations under these Terms, including but not limited to the obligation to maintain the Minimum Sale Price and to refrain from offering the Product as a bonus or selling it on auction sites. Upon revocation of the license, Company reserves the right to pursue any and all legal remedies available under law or equity. 21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. Use of the Product, sending emails to Company, and completing online forms constitute electronic communications. Licensee consents to receiving electronic communications, and Licensee agrees that all agreements, notices, disclosures, and other communications provided to Licensee electronically by Company, via email and on the Product, satisfy any legal requirement that such communication be in writing. LICENSEE HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF THE TRANSACTIONS INITIATED OR COMPLETED BY COMPANY OR VIA THE PRODUCT. Licensee hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or others laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means. 22. FORCE MAJEURE. If either Party hereto is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. 23. PRIVACY. Licensee agrees that all information provided to Company to purchase the Product, including, but not limited to, through the use of any interactive features on the Company’s website, is governed by Company’s Privacy Policy, and Licensee consents to all actions takenb by Company with respect to Licensee’s information consistent with Company’s Privacy Policy. 24. WARRANTIES DISCLAIMER. Licensee’s use and resale of the Product is at Licensee’s own risk and is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. 25. EARNINGS DISCLAIMER. While Company may reference certain results, outcomes or situations in connection with the Product, Licensee understands and acknowledges that Company makes no guarantee as to the accuracy of third-party statements made or the likelihood of success as a result of these statements. Licensee understands that individual results and outcomes will vary. Company cannot guarantee Licensee’s success merely by Licensee’s use and resale of the Product. Any results provided in connection with the Product are not guaranteed or typical. 26. TECHNOLOGY DISCLAIMER. Company makes reasonable efforts to provide Licensee with modern, reliable technology. However, in the event of a technological failure, Licensee accepts and acknowledges Company’s lack of responsibility for said failure. Company cannot guarantee that all information provided in connection with the Product is completely accurate, complete or up to date, and disclaim liability for any such errors or omissions. 27. WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to enter into and agree to these Terms and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of agreement to these Terms. 28. ASSUMPTION OF RISK. By using and reselling the Product, whether paid or unpaid, Licensee assumes the risk of such access and any subsequent actions that Licensee chooses to take as a result of the informational or educational materials provided to Licensee. 29. WAIVER. The failure by Company to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit Company’s right to enforce such provision at a later time. All waivers by Company must be in writing to be effective. 30. LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim Licensee may have arising out of or relating to these Terms of Purchase or the Product must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred. 31. SEVERABILITY. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect. 32. NOTICES. All notices, claims, and demands made upon Company under these Terms must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section. Notice to Company: The Digital Wealth Academy LLC Attention: Rachell Jova Rachell@digitalwealthacademy.biz 33. GOVERNING LAW. These Terms shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. 34. MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of these Terms, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Hollywood, Florida or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute. 35. JURISDICTION AND VENUE. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of Florida and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
