Digital Wealth Academy Master Resell Rights License Agreement
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".
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 the Company or from an authorized licensee, constitutes your acceptance of these Terms, including any modifications or updates that the 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 the Company.
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.
PAYMENT. In full consideration of the 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 the Licensee to the Company are non-refundable. If Licensee elects to pay in monthly installments, payment shall be automatically collected by the Company on a monthly basis. If Licensee elects to pay in monthly installments, the Licensee may not terminate or cancel any future payment obligations. If Licensee elects to pay in monthly installments, the Licensee hereby authorizes the 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 the 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.
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.
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 the Licensee disputes payment with a financial institution. In the event of a chargeback attempt, the Licensee expressly agrees to forfeit any and all intellectual property licenses and/or deliverables afforded to the 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.
PRODUCT LICENSE. By purchasing the Product, and only after the Product purchase price is paid in full unless otherwise provided herein, the 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 the Licensee desires to incorporate videos with its online course, the Licensee must incorporate its own videos. Subsequent to the Company's receipt of full payment from the Licensee for the Product in the amount of $497.00 or if the Licensee opts to make monthly payments to the Company through third party companies After Pay or Klarna, the 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. The licensee is not permitted to use the 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.
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.
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 the Company's business, brand's name, content, other products, and other intellectual property.
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 the 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.
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. The 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 the 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.
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. The licensee acknowledges and agrees that failure to adhere to the Minimum Sale Price may result in immediate termination of these Terms and the Licensee's license, at the Company's sole discretion, in addition to any other remedies available to the 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. On one single occasion per month, Licensee is permitted to offer a promotion of a $50 gift card to their customers.
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 non-refundable 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 the Company, in addition to any other remedies available to the Company under law or equity.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall the 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.
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.
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.
CONTACT INFORMATION
Notice to Company: The Digital Wealth Academy LLC
Attention: Rachell Jova
Email: Rachell@digitalwealthacademy.biz
MOTIVATEDWEALTH.COM
HELLO@MOTIVATEDWEALTH.COM