THIS IS A LEGALLY BINDING CONTRACT BETWEEN THE COMPANY
AND ANYONE WHO USES OUR SERVICES.
This Terms of Service & Licensing Agreement sets forth the legally binding terms for your use of the The Company Products and/or Services. You are only authorized to use the The Company Products and/or Services if you agree to abide by all the terms that are part of this Agreement. If you wish to purchase a product package within The Company and make use of the The Company Services, you must read these terms in their entirety and agree to the same.
1. Limited License Granted: Upon payment in full and so long as you act in full compliance with these terms and keep the licensed material strictly confidential, you are hereby granted a limited, non-transferable, revocable license to make use of The Company's proprietary training materials and resources, including without limitation, but subject to change in our discretion. The products package provided for this agreement is listed as Addendum A to this agreement. So long as you honor these terms, and until terminated by either party, you may also re-license the products so long as you ensure any of your sub licensees are also bound to these terms and comply with the law. Any The Company licensee discovered to be marketing any business or product to someone outside of their own The Company back office will be subject to license termination at the discretion of The Company.
2. NO INCOME GUARANTEES. You agree and warrant to us that you have not been lead to believe (by any express statement or in an implied manner) that you will make a significant amount of money, any specific amount of money, accomplish specific financial goals, or that you will make more money than your purchase price. Neither The Company’s representatives, nor its marketing materials have made any such representations at any time. You understand that we cannot guarantee any level of income. Your success depends entirely upon your own efforts, diligence, competency and on uncontrollable market factors. You have investigated the services and applicable law and you certify that the same do not constitute an "assisted marketing plan," "seller assisted marketing plan," "franchise," "investment" or "business opportunity." You agree that none of our training is a tax, insurance, lending, investment, or legal advice. You have consulted with your own legal counsel about these matters, or have at least had the opportunity to do so yet chose not to. You agree that The Company is not intending to help you start a "new business." You understand that The Company is not willing to provide services to individuals who have been lead to believe they will earn significant sums of money or who otherwise cannot provide the warranties above with full confidence. If any of my above warranties above turn out to be untrue, or if you otherwise breach this agreement in any way, you agree to completely indemnify, defend and hold harmless The Company, and all of its owners, managers, employees, agents, vendors, licensees, and contractors, from and against any claim, demand, suit, investigation, fine, citation, judgment, cost, harm or expense, including also by paying the indemnified party's fines, court costs and reasonable attorney fees.
3. TELEMARKETING. You agree that if you elect to make any use of any available autodialer or prerecorded message marketing, you will fully comply with all laws and regulations, including without limitation the FCC’s Telephone Consumer Protection Act, FTC’s Telemarketing Sales Rule, and all other applicable national, state and local laws and regulations. This includes, without limitation, that you refrain from using an autodialer to call any cell phone or to deliver any prerecorded message or artificial voice to any line, without well-documented prior express written consent from the called party. We have not and will not encourage you to use autodialer products, but if you choose to do so, you do this at your own risk and assuming all liability for the same. You will immediately notify and then fully indemnify and defend us, along with our owners, affiliates, contractors, employees, agents and vendors, from and against any lawsuit alleging that you violated and law or regulation. You also agree to not ever use the term “The Company” or something comparable in any delivered recorded messages or autodialed phone call or text. Any such messages are sent on your own behalf only, and not by or on behalf of us.
4. Proof of purchase is required for membership. Any unauthorized accounts will be terminated.
5. You agree not to make any claims regarding sales, unless you have proof for such claims.
6. You must have a valid email address on file. In the event that your email address changes, make sure you update it in your Profile page, which is located in your The Company website's back office.
7. This service is provided on an As Is, As Available Basis. We make no guarantees of any kind, either expressed and/or implied.
8. It is against company policy to use the The Company name and/or logo in your advertisements without the prior written consent and approval from the company. Anyone using the The Company name and/or logo, without obtaining the prior written consent and approval from the company, is subject to the immediate suspension of their The Company website without warning.
9. Anyone using the The Company name in any type of promotional material, must be in full compliance with our Terms of Service, which govern the rules and policies governing the marketing methods of The Company.
10. Anyone using the name The Company in any marketing materials, such as emails, websites, flyers, articles, press releases, videos, etc., must display the following disclaimer at the bottom of every page of their marketing material. The size and color of the word 'DISCLAIMER' should be large enough and of a contrasting color so it may be easily seen. The entire disclaimer must be displayed in caps and boldface font (e.g. Arial), with a minimum size of 10 points, as shown below: DISCLAIMER - "THIS WEBSITE WAS DESIGNED AND IS MAINTAINED BY AN INDEPENDENT SALES AGENT OR LICENSEE OF The Company. The Company IS NOT RESPONSIBLE FOR ANY OF ITS CONTENT AND THEREFORE WILL NOT BE HELD LIABLE. THE OWNER OF WEBSITE IS THE ONLY ONE LIABLE FOR ANY AND ALL OF ITS CONTENT." (Note: The word website must be replaced with the words email, flyer, article, press release, video, etc., depending on the type of marketing material being used.)
11. A sales agent or licensee may only use marketing material of himself, of those within his own organization in his/her back office or marketing systems authorized by The Company. The only exception where the sales agent or licensee can be able to use the marketing material with another sales agent or licensee with The Company that is not in his organization is where he is in the video or marketing material with the sales agent or licensee.
12. The Company reserves the right to suspend and/or terminate any Independent Sales Agent's or licensee’s website that is not in compliance with our Terms of Service, or if false or misleading statements referencing The Company are being made. Your site may only be reactivated after it becomes compliant.
13. YOU CANNOT USE THE The Company NAME IN ANY VOICE BROADCASTS. If you do, your account will be terminated immediately and without notice. Using the The Company name in a Voice Broadcast is strictly prohibited. The use of the The Company name in a Voice Broadcast will NEVER be authorized. You joined The Company as an Independent Sales Agent or licensee, and as such you only represent yourself and your company. You do not represent The Company.
14. Under no circumstances, including negligence, shall we, or anyone involved in creating, producing or distributing the products and/or services, be liable for: A. any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use our products and/or service; B. all the files and software contained within it, including, but not limited to, reliance on any information obtained through our products and/or service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors or defects; C. any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction and/or unauthorized access to our records, products, programs or services.
15. You must strictly follow the rules and use of our products and/or service correctly. Your The Company account may be terminated immediately, without recourse, if you: A. Send unsolicited email messages (spam). B. Post messages that contain your Independent Sales Agent or licensee link in newsgroups that are unrelated to that product or service.B. Forge your "From" Address in an email message, and/or newsgroup posting.
16. We reserve the right to add or delete material to your The Company website and My The Company Marketing Site and/or make any changes to the products, service and/or this agreement without notice.
17. We may terminate, at our sole discretion and without notice, any membership deemed to be in breach of this agreement, anyone found abusing or misusing the products and/or service, and/or anyone harassing other members or the administrative staff in any way.
18. In the unlikely event that this program should ever terminate its operations, it's creator, operators, employees, assigns and successors shall not be held liable for any loss whatsoever to our members or Independent Sales Agents or licensees. Materials, tools and resources, and other services are made available to the new The Company associate immediately after sign-up and they shall be deemed as services for their payment.
19. Individuals and/or sites involved with the following activities are NOT ELIGIBLE: selling, providing or linking to unlicensed content, pornography, warez, pirated software, hacking or spamming software, email address lists or harvesting software, or any materials endorsing violence, hatred, revenge, racism, victimization, or criminal activity.
20. You agree to accept emails and phone updates regarding The Company. We will never inundate you with emails, spam or phone calls.
21. Report spam and other abuse via the Support link in your back office. Please include the entire spam email with headers.
22. Your relationship with The Company is not that of an employee or a partner relationship. You are an Independent Contractor or licensee, therefore responsible for your own taxes, fillings, book keeping, etc.
23. Pricing and promotion of The Company Product Packages. A. Independent Sales Agents or licensees must adhere to marketing the Product Packages at the recommended price points which are $2000, $3500, $6000, $12,000 and $21,000. B. No discounting or special pricing of the product packages is allowed except for those expressly authorized by The Company. These would be ones shared in webinars and special offers that are made known by The Company directly to sales agents or licensee! C. Any discounting or special pricing of the product packages is subject to the immediate suspension of your The Company account without warning.
24. Cross-Recruiting – Any solicitation to a member or licensee of The Company that is outside the licensee organization who’s soliciting another business is subject to the immediate suspension of your The Company account without warning.
25. Sponsor shopping is not allowed. If a prospect shares with sales agent or licensee they have been contacted by another sales agent or licensee of The Company by email, text, or a call in last 180 days, they must refer them back to the sales agent or licensee who originally told them about The Company. Any sponsor shopping is subject to immediate suspension and possible termination of your The Company account without warning.
26. Every sales agent must use the The Company recommended marketing systems. This will assure the sales agents best chance for success and the marketing systems does its best to prevent sponsor shopping.
27. The recommended marketing system all The Company sales agents or licensees must use is the my The Company system (http://www.my8figuredreamlifestyle.com ). A sales agent or licensee must have an account and run all his leads thru this marketing system before a sale can be processed with his The Company account. This is done so to prevent sponsor shopping and give sales agent or licensee best chance to succeed with this program.
28. A licensee may have his license revoked based on having a bad reputation, lack of integrity, or lack of professionalism discovered before, during, or after they become a licensee. This would only occur when it’s considered the licensee would be a detriment to the The Company brand!
29. You understand that all payments from your personal sales and your organization will be made to you directly. The payments do not come from us. If you have any problems and/or concerns in this area, you should contact your respective merchant account provider.
30. Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he or she is present when he or she makes this purchase, and is the true and authorized owner of the credit card used to make this purchase.
31. This site may be hyper-linked to other sites which are not maintained by, or related to, The Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or The Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper- links are to be accessed at the user's own risk, and The Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by The Company of that site.
32. The products shown on the product page of each member's site are subject to change when an update is needed. After an update, any out of date video training will be removed and replaced with current video training. The actual name of the video training products may also change but the value will remain the same.
33. In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute shall be referred to United States Arbitration and Mediation for arbitration in accordance with United States Arbitration and Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. The Arbitration shall be conducted in the State of New York. The laws of the State of New York shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
34. You the purchaser, in addition to any other right you may have to revoke an offer, may cancel this purchase and receive a full refund up to midnight on the 3rd business days following you receipt of the goods or premium, whichever is later. Since you will receive certain program access to our proprietary materials on the date of the sale which starts with payment of admin fee, your purchase date is the date your 3 day cancel period begins. After midnight on the third business day following purchase, all sales are final. Addendum A – The Company Product Packages: $2000 – Basic Package Marketing Modules (20 videos) Social Traffic Modules (7 videos) Law of Attraction (10 videos) Personal Self-Esteem (3 audios) Meditation Series (20 audios) Make Money In 5 Minutes (3 Videos) List Building Basics (10 Videos) YouTube Editor (8 Videos) $3500 – Builder PackageMarketing Modules (20 videos) Social Traffic Modules (7 videos) Law of Attraction (10 videos) Personal Self-Esteem (3 audios) Meditation Series (20 audios) Make Money In 5 Minutes (3 Videos) List Building Basics (10 Videos) YouTube Editor (8 Videos) Google Keywords (9 videos) Motivational Series (20 audios) Blogging FP (7 Videos)Ad Profits (7 Videos) Video GS (23 Videos) $6000 – Advanced Package In Yo Facebook by Pamela Herrmann (18 videos) Branding Yourself by Pamela Herrmann (5 videos) Marketing Modules (20 videos) Social Traffic Modules (7 videos) Law of Attraction (10 videos) Personal Self-Esteem (3 audios) Meditation Series (20 audios) Make Money In 5 Minutes (3 Videos) List Building Basics (10 Videos) YouTube Editor (8 Videos) Google Keywords (9 videos) Motivational Series (20 audios) Blogging FP (7 Videos) Ad Profits (7 Videos) Video GS (23 Videos) Facebook Traffic (9 videos) Hash Tag Traffic (9 videos) Traffic Modules (25 videos) Master Wordpress (40 videos)Productivity Mastership (4 videos) Leadership Development (3 audios) Solo Ads (5 Videos) Bing Ads (4 Videos) Lead Magnet Blueprint (9 Videos) 4 Figure Promotions (4 Videos) $12,000 – Pro Package Mind Over Money by Myron Golden (3 videos, 20 audios, 2 worksheets) Marketing Modules (20 videos) Social Traffic Modules (7 videos) Law of Attraction (10 videos) Personal Self-Esteem (3 audios) Meditation Series (20 audios) Make Money In 5 Minutes (3 Videos) List Building Basics (10 Videos) YouTube Editor (8 Videos) Google Keywords (9 videos) Motivational Series (20 audios) Blogging FP (7 Videos) Ad Profits (7 Videos) Video GS (23 Videos) Facebook Traffic (9 videos) Hash Tag Traffic (9 videos) Traffic Modules (25 videos) Master Wordpress (40 videos) Productivity Mastership (4 videos) Leadership Development (3 audios) Solo Ads (5 Videos) Bing Ads (4 Videos) Lead Magnet Blueprint (9 Videos) 4 Figure Promotions (4 Videos) Looking for a Simple and Cost-Effective Way To Build a HUGE List For Your Business? YouTube Sales (7 videos) Webinar Riches (11 videos) Sales Funnel Blueprint (9 videos) Twitter-Like Blogging Network (4 videos) Happiness Now (12 audios) WF Marketing (5 Videos) Six Traffic Methods (6 Videos) Secret Traffic Sources (5 Videos) Paid Traffic Sources (3 Videos) $21,000 – VIP PackageYoutube Ranking Mastery by Joseph Marfoglio (7 videos) Marketing Modules (20 videos) Social Traffic Modules (7 videos) Law of Attraction (10 videos) Personal Self-Esteem (3 audios) Meditation Series (20 audios) Make Money In 5 Minutes (3 Videos) List Building Basics (10 Videos) YouTube Editor (8 Videos) Google Keywords (9 videos) Motivational Series (20 audios) Blogging FP (7 Videos) Ad Profits (7 Videos) Video GS (23 Videos) Facebook Traffic (9 videos) Hash Tag Traffic (9 videos) Traffic Modules (25 videos) Master Wordpress (40 videos) Productivity Mastership (4 videos) Leadership Development (3 audios) Solo Ads (5 Videos) Bing Ads (4 Videos) Lead Magnet Blueprint (9 Videos) 4 Figure Promotions (4 Videos) Looking for a Simple and Cost-Effective Way To Build a HUGE List For Your Business? YouTube Sales (7 videos) Webinar Riches (11 videos) Sales Funnel Blueprint (9 videos) Twitter-Like Blogging Network (4 videos) Happiness Now (12 audios) WF Marketing (5 Videos) Six Traffic Methods (6 Videos) Secret Traffic Sources (5 Videos) Paid Traffic Sources (3 Videos) Creating Smart Video Sales Letters With Our Hybrid Strategy Is a Powerhouse To Boost Sales's? Social Book Marking (11 videos) Email Copy That Converts (10 videos) Webinar Commissions (9 videos) Podcast Blueprint (11 videos) Conversion Blueprint (9 audios) WSO Marketing (21 Videos) Cash Profits (23 Videos) Targeted Traffic (4 Videos)