TERMS AND CONDITIONS
Included Are The eLearning Lending Library Terms And Conditions
About us and these terms
- Hi, we’re Mentor Mastermind and welcome to Mentor Mastermind, a subscription service for digital Items and services, including an eCourse Lending Library, created by designers and creative from around the world. When we say ‘we’, ‘us’ or ‘Mentor Mastermind’ it’s because that’s who we are and we own and run the Mentor Mastermind
- When you create a Mentor Mastermind subscription/account and accept these terms you become a member of our community. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Mentor Mastermind site is conditional on your acceptance to be bound by these terms whether you become a member or not.
- The Items/eCourses on Mentor Mastermind are owned by the authors, not by us. They are licensed to you under the terms of the Mentor Mastermind License (as amended from time to time) at the direction of authors.
How browsing and membership works
- Browsing:You need to be 16 years or over to browse Mentor Mastermind. We don’t knowingly collect any information from anyone aged 16 or under. When browsing our Mentor Mastermind site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Mentor Mastermind site whether or not you’re a member.
Becoming a Subscriber
- Individual subscription:When you become a Subscriber you get to access our lending library of eCourses that must be used in accordance with the Mentor Mastermind License. Only real people, using their real details, can subscribe to Mentor Mastermind – shared or group subscriptions may be possible in the future, but are not available as at the date of these terms.
- Age: You need to be 18 years or over to become a Subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
- Your responsibility:You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your subscription is not transferable. You are responsible for any use of Mentor Mastermind that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
How registering for Items/eCourses from our lending library, works
- What do you get when you register an Item?
NOTE: The word “Item” refers to eCourses as well.
- License:When you register for an Item as a Subscriber, you will be asked to register that Item. Upon registration, you will be granted a license from us to use that Item for personal use only. You cannot loan, sell, or trade the eCourse, or reproduce the item in any format, or you would be in violation of copyright. Only one item can be loaned at any one time. The eCourse you select from those available upon publication on our page, will be mailed to you, using regular mail or courier, at your discretion and expense. The item must be returned, just like any item you borrow, at your local library, at your expense. Be sure to get item insurance for at least $100 dollars.
- Late Charges: A late charges of $5 dollars per day, is charged to your account, if the item is not returned on time. You can keep the item for 30 days after you receive it. The post mark, or mailing date must not be more than 30 days, from the date you received it You must keep proof of date you received the item, or the data will be estimated.
- Lost/Damaged: If you lose the item, or it returns damaged, you are responsible for the cost of the item. Unless it was damaged during transit. You must provide all parcel insurance documentation, and send it to me if necessary.
- Suspension: You will be indefinitely suspended from the library, at our discretion, at any time, if you don’t adhere to this terms. You cannot borrow other items, until any and all fines and/or other charges have been paid in full. The account must be paid within 30 days. and will incur a late payment penalty equal to 10% of the balance, until paid.
- Effect of ceasing subscription:As Mentor Mastermind is a subscription service, certain rights granted under an Item license are only applicable for as long as your Mentor Mastermind subscription is active. If your membership lapses, before the item is returned, you’ll be charged a $25 USD penalty.
For trial subscriptions, free files and everything else, need to be removed from any associated product, project or end-use. Please read the Mentor Mastermind in detail to understand what you can do with Items.
- Services: As a Subscriber you also receive services from us like online business building services, account support, fraud protection, library quality control and other related services. Actual services may vary, and some services may not be available.
- Support:We do our best to make sure that Items are high quality. However, due to the limited lending of eCourses on Mentor Mastermind, the Items do not include the level of after-sale support that you would find for similar items purchased separately on Mentor Mastermind Market. Please visit Mentor Mastermind License if your project requires a particular level of support.
Third party products and services:
- As a Subscriber you may also have access to, or be eligible for special offers in relation to, products and services provided by our partnered suppliers (Third Party Offers). Information about Third Party Offers will be published on our website.
- You have no obligation to redeem any Third Party Offer. However, if you choose to do so, then you will be buying the relevant product and/or service from the supplier and not from us.
- The redemption of a Third Party Offer is subject to terms and conditions set by our partners. You should read and make sure that you agree to the applicable terms and conditions before redeeming any Third Party Offer.
- The description of products and services forming part of a Third Party Offer published on our site, and the suppliers have provided any associated links, to us. While we have made reasonable efforts to check the accuracy of the descriptions, the suppliers are solely responsible for any representations contained in those descriptions. Further, we do not endorse or assume any responsibility for those products and services.
- The suppliers might make, or be required by relevant laws to make, other promises to you as a consumer. Check their terms and conditions to see what they say.
Transacting as a Subscriber:
- You can pay for your subscription via PayPal or credit card/debit card on the PayPal account. You may be required to pay a handling fee depending on the method of payment you choose.
- By signing on as a Subscriber you must agree to the individual payment terms that relate to your chosen method of payment, as notified to you.
- The subscription for online business building or pre-franchise services are on an on going, regular payment method each month or as determined by the payment details (for example a monthly credit card or PayPal payment) and that payment fails to occur, we may immediately suspend your subscription until payment has been made. If we suspend your subscription, your rights under these terms and the Mentor Mastermind License will also be suspended.
- Currency conversion costs:You are responsible for all costs of currency conversion relating to your Mentor Mastermind subscription. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when subscribing to Mentor Mastermind, which we have no control over.
- Terms of subscribing:When you subscribe to Mentor Mastermind, you do so on the following terms:
- you promise to us that you understand what you can and can’t do with your Items borrowed from the eCourses lending library in accordance with the Mentor Mastermind License we and the authors do not promise that any particular Item will continue to be available on Mentor Mastermind;
- once you register an Item, you acquire a non-exclusive license to use the Item under the terms set out in the Mentor Mastermind License(non-exclusive means others might also license the same Item); and
- you do not gain any ownership rights in a eLearning Item.
It is important that you understand the terms for purchasing a subscription, on which you are making a purchase. Please take the time to review this section carefully.
- The final prices and fees are inclusive of transactional taxes where relevant (like VAT and GST). Our promotional materials will state whether or not the price is inclusive or exclusive of transactional taxes.
- You are responsible for paying all other fees and taxes associated with your use of Mentor Mastermind wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
Refunds and cancelations
- From time to time, we offer a 7 day Trial Period, that does not require payment until after the 8th Day. You may cancel at any time during the trial period and not incur any expense. However, the subscription payment is not refundable after the trial period of 7 days.
- Given the nature of digital content, we do not generally offer a refund or credit on a purchased subscription unless we have made changes to these terms that materially affect you to your detriment (see section 46 below) or as required under Canadian consumer law or other relevant consumer protection laws. If you would like to request a refund or credit you should open a help request. If you cancel a subscription due to us making a change to our terms that materially affects you to your detriment then you will receive a refund for any whole unused months remaining in your subscription period.
- We will assess refund or credit requests on their merits. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about your subscription;
- you subscribed by mistake;
- you do not have sufficient expertise to use the Items made available;
- you ask for goodwill; or
- you can no longer access any of your desired Items because they have been removed from Mentor Mastermind (we advise you to request eCourses as soon as you license them to avoid this situation).
- If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. Any payment made to you will be made in the currency Mentor Mastermind offered to you when you purchased your subscription (either Euros or US Dollars), under the rules of the payment method (see section 17 – Currency conversion costs about currency conversion back to your local currency).
It is important that you understand how refunds work.
- Disputes lodged with payment agents:If, as a Subscriber, you lodge a dispute with a payment agent, this will result in a freezing of your Mentor Mastermind subscription and your Mentor Mastermind account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues so we encourage you to contact us directly first to see if we can help resolve any concerns.
- Fine print:We are not a bank or licensed deposit taker in Canada or elsewhere. Any credit we apply to your subscription is not a deposit under Canadian law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
- What we own:We own all the Mentor Mastermind Content that we have put on Mentor Mastermind (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Mentor Mastermind site, and copyright, trademarks, designs and other intellectual property on Mentor Mastermind. We own all the trademarks, logos, service marks and trade names on Mentor Mastermind (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Mentor Mastermind Content or use any of our intellectual property in any way not expressly stated in these terms.
- What we don’t own:We do not own the Items and eLearning products on Mentor Mastermind; the Item authors do. However, we have the right to sublicense the Items to you on the terms of the Mentor Mastermind Terms.
- Copyright, trademark and intellectual property claims:We respect the intellectual property rights of others. If you believe that an Item or any content infringes any intellectual property right (including copyright) please see the information in our Intellectual Property
Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Mentor Mastermind including copyright and other rights.
Our use of your information
- Confidential Information:We value your information and take reasonable precautions to protect it. While using Mentor Mastermind, you may also become aware of confidential information about us, or someone else. You promise to not disclose any confidential information made available to you through Mentor Mastermind to any other person.
- Prohibited Conduct:Your use of Mentor Mastermind including the content and the Items must comply with our policies from time to time (as published on the Mentor Mastermind site) including the Acceptable Use Policy and the Fair Use Policy.
Linking; apps made by others
- Linking to Mentor Mastermind:We reserve the right to insist that any link to Mentor Mastermind be discontinued, and to revoke your ability to link to Mentor Mastermind.
- Links from Mentor Mastermind:The Mentor Mastermind site, items and eCourses, may contain links to other non-Mentor Mastermind sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
- We have the right to place an advertisement, at the end of your post, setup in your widgets. The advertisement can be of any size, at the bottom, provided it doesn’t diminish the website or post, page in any way. You will be provided with the advertisement, and YOUR affiliate link will be hyperlinked into the Ad. If you do not follow up with the prospect with 2 days, our email auto responder – aWeber – also captures the lead, and we have a separate follow up campaign, whether you follow up yourself or not. We will need your aWeber credentials to setup your account, and publish your affiliate program follow up messages with prospects and your customers, on a separate follow up campaign, located on our account at aWeber. You can mail your aWeber credentials, after joining, to mailto:firstname.lastname@example.org
- MentorMastermind Subscription: We NEED the MentorMastermind Subscription, to build your website. After 12 consecutive months of paying for your chosen Mentor Mastermind Affiliate Membership With Technical Service Subscription May Become A Pre-Franchise Registration, we may reimburse you with a credit from Info Products World, to be used against Envato Elements Membership within 365 days of receipt, on the condition you have paid for 12 months of the Mentor Mastermind Franchise Builder Subscription. The same value of the MentorMastermind Subscription, which is $16.50 USD per month, paid yearly, may be reimbursed. This is optional, however, if you do not purchase it yearly, you may incur a surcharge, so we can pay for the extended license to cover any assets we use to build your site. We can withdraw this offer at any time without notice.
- Other Plugins: Other plugins may be required at your expense. For example, if you wish to alter the pages or customize your WordPress theme, you must do so using a page builder plugin or platform of our choice. We use PayPal, and you need to pay us for our products through PayPal, unless otherwise specified. A membership site, required configuring a complex plugin. There may be installation fees, for plugins I personally cannot install.
- Eligibility, suspension or termination:Being a Subscriber is not an automatic right, it is a benefit for those who follow our reasonable rules. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Mentor Mastermind complies with these terms. We can suspend or terminate your subscription account at any time for any reason including:
- if you breach these terms;
- if you act in a way that does not align with the values of our community; or
- if you act in a way that could cause us or others harm.
- If you hack our account or install malware or viruses.
- You communicate in comments in an inappropriate manner.
If we do decide to permanently terminate your Mentor Mastermind account you cannot apply for a new account under another name. This decision may also apply to all of your Mentor Mastermind accounts you use on other Mentor Mastermind sites.
- Mentor Mastermind Companies:If an indemnity, limitation or disclaimer of liability, promise or release (a ‘benefit’) is given in our favour in these terms or the Mentor Mastermind License we hold that benefit on trust for the other Mentor Mastermind Companies. We may enforce that benefit as trustee for and on behalf of the other Mentor Mastermind Companies as beneficiaries under that trust.
- We may use the services of another Mentor Mastermind Company to collect payment or carry out other activities with you to bring you Mentor Mastermind.
- Payments made for product and services on Mentor Mastermind website will be paid to “Info Products World”, a sole proprietorship owned by Don Cox in Ontario Canada.
Liability and indemnity – between Subscribers and us
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to use of Mentor Mastermind, any Item or the products or services forming part of any Third Party Offer.
- Mentor Mastermind, the Items and all Third Party Offers are made available to you on an “AS IS” basis. Subject to clause 41, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
- Our liability to you in connection with Mentor Mastermind or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
- our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your Mentor Mastermind subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
- Availability:We strive to have Mentor Mastermind available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Mentor Mastermind, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Mentor Mastermind works, including the kinds of Items available on Mentor Mastermind. The Mentor Mastermind Companies will not be liable to you for any loss you suffer as a result of these things.
- Third party:If you’re agreeing to these terms on behalf of someone else then you’re promising to us that you have full legal authority to bind that third party. Remember that only real people can subscribe to Mentor Mastermind.
- Consumer laws:In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.
- Blocking you, disabling your subscription or refusing to process a payment:We may block you, terminate your subscription or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Canadian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice and against all of your Mentor Mastermind accounts you use on other Mentor Mastermind sites. As our sites are global, there are different laws that may apply and these may restrict our relationship with you.
- US-specific controls:Mentor Mastermind is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Mentor Mastermind Items to a U.S. sanctioned country or to anyone on the SDN list.
- Relationship between the parties:Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
- Notices:Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to the email address you provided to us.
- Changes to these terms:We may change these terms (including the Mentor Mastermind) at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment then you may, upon demonstrating that detriment to us, cancel your Mentor Mastermind subscription in accordance with section 20 above. However, if you continue to use Mentor Mastermind after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed.
Whether a change has a material effect on you to your detriment depends on the nature of the change and your particular circumstances. For example, a change which causes you to incur increased transaction fees, or which removes an entire category of Items, could have a material effect on the amount of value you get out of Mentor Mastermind. The removal of individual items or a minor clarifying change to the Mentor Mastermind will not typically have a material effect on you to your detriment.
- Interpretation:Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Applicable Laws:We control and operate Mentor Mastermind from our offices in Canada. The laws of North Bay, Ontario Canada govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Mentor Mastermind: Legal Name is Info Products World Sole Proprietorship.
Mentor Mastermind Companies: Mentor Mastermind and any company that controls, is controlled by or is under common control with Info Products World.
Mentor Mastermind Content: is all the content that we have put on Mentor Mastermind and includes the design, compilation, and look and feel of Mentor Mastermind, and copyright, trademarks, designs and other intellectual property on Mentor Mastermind (unless otherwise stated and excluding content owned by others like author content)
Handling fee: the fee Subscribers may pay, depending on their subscription payment method.
Items: digital goods found on Mentor Mastermind, which may (but won’t necessarily) include goods like graphic design templates, fonts, WordPress themes, background music, After Effects project files, photography, eCourses and much, much more.
Subscriber: a person who signs up by creating an account and accepting these terms.
Payment method: any payment agent or method we make available on Mentor Mastermind.
|Mentor Mastermind License|
· One simple commercial license
All items on Mentor Mastermind have the same simple license terms. You get broad commercial rights, so you can use items with confidence on work or personal projects.
· Register items each time you use them
Each time you download an item, you get an ongoing license for a single, specified use. Want to use an item again? No problem! Visit your eLearning Library page and simply register it again for a different end use.
· Clear guidelines on what’s not allowed
Some common-sense limitations do apply, as set out below:
- You can’t re-sell, or re-distribute items;
- You can’t use items in on-demand services; and
- You generally can’t use items as the basis for merchandising. For example, printing a logo from Elements straight onto a T-shirt is not allowed. See clause 13 below for the relevant terms and conditions.
· Future proof licensing, even if you unsubscribe
If you unsubscribe, you can’t use items from Mentor Mastermind any more. But any existing uses that you registered are still covered. Now that’s peace of mind!
Mentor Mastermind License
The low-down! The nuts and bolts of the Mentor Mastermind License applicable to the eCourses Lending Library, composed of over 2000 eCourses. Only SOME of the items are available in our lending library for now, but more are added daily.
- For each digital work (called an “Item”) you borrow an item from the eLending Library and Register under your paid Mentor Mastermind Monthly Subscription, you are granted a license to use the Item on a non-exclusive, commercial, worldwide and revocable basis, for one Single Use per Registration. Remember, if you want to use an Item you must have a valid and live subscription. What is a Single Use, and the license time periods for different item types, are explained next.
For all items you can have more than one Single Use, but you simply need to Register each use of the item.
- Each license EXCLUDES the right to utilize the Item through communication to the public (performance), broadcast, display, distribution, and reproduction, but only as a part of the End Product, which you have created, with the Item. In respect of audio Items, read clauses 17 and 18 for special limitations on these rights.
This section covers details for Items other than fonts or add-ons.
- You can NOT make any copies of the End Product created using an Item. You can NOT distribute the End Product through multiple media. See below for more details.
- You can NOT modify or manipulate an Item, or combine the Item with other works, to suit your End Product. The resulting works created using the Item are subject to the terms of this license. You can do the things allowed in this clause as long as the End Product you then create using an Item is one that’s permitted under clause 3.
Whoa there! Things you can’t do with an Item
- You can’t use an Item to create an End Product after your subscription ends. If you’ve installed an Item (such as a font or add-on) on your device, you need to uninstall the Item once your subscription ends.
- You can’t redistribute the Item or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t redistribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the redistribution is for free.
- You can’t use an Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application.
- You can’t use an Item for merchandising, which means an End Product created using that Item where the primary value of the product lies in the Item itself, including:
- an End Product where the Item serves as its core component, and where without the incorporation of the Item it would not fundamentally differ from any other product of similar nature and use; and/or
- an End Product where the incorporation of the Item is what makes the product fundamentally unique and valuable, and is the main driving factor for the sale of the End Product.
For clarity, End Products where skill and effort have been applied to incorporate the Item into a larger design (such as with text and other graphics/images) or used as product packaging are not considered merchandising and are allowed.
For example you can’t print an image out as a poster and sell copies of that poster, as the primary value of the poster is from the image itself.
You must not permit an end user to extract an Item and use it separately from the End Product created using that Item.
- You can’t claim trademark or service mark rights over an Item within the End Product created using that Item.
License terms for add-ons
A Tool is an installable software extension or utility designed to perform specific tasks in order to create other works. Tools include fonts, 3D and video software scripts, 3D and video software plug-ins, and graphics software add-ons.
The nitty gritty! Other license terms
- For some Items, a component of the Item will be sourced from a third party and different license terms may apply to the component, such as someone else’s license or an open source or creative commons license. If so, the component will be identified in the Item’s description or in the Item’s Library files. The other license will apply to that component instead of this license. This license will apply to the rest of the Item.
For example: A theme might contain images licensed under a Creative Commons CCBY license. The CCBY license applies to those specific images. This license applies to the rest of the theme.
- For some Items, a GNU General Public License (GPL) or another open source license applies. The terms of any open source license will be included with the item (as a .txt file or, in some cases, embedded as part of the item itself). For any parts of the Item subject to the open source license, those open source license terms will apply to the extent that’s determined by the open source license terms and the nature of the Item, and this license applies to the rest of the Item.
Open source licensing is relevant for themes and plug-ins for WordPress and other open source platforms. Where an Item has components that are licensed under the GPL or other open source license, information about the applicable license will be noted in the Item’s Library files. For more information, see this article.
- We are not responsible for the accuracy of the Items including the Item’s description and any keywords provided by the owner of the Item and nor are we responsible for any component of an Item sourced from a third party. Content that is used by the author of the item to demonstrate how the item works (for example things like photos in themes and audio files for videos) may have been sourced from a third party and it’s your responsibility to check the files to ensure that there is an appropriate license for your intended use.
- You can only use an Item for lawful purposes. Also, you can’t use an Item in connection with material which is offensive, defamatory, pornographic, obscene or demeaning, or promotes discrimination. If an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in connection with sensitive subjects.
- Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.
- “This license applies in conjunction with the User Terms for your use of Mentor Mastermind. If there is an inconsistency between this license and the User Terms, this license will apply to the extent necessary to resolve the inconsistency.”,
- This license can be terminated for any Item if you breach the license and don’t remedy the breach. If termination happens, you must stop using the relevant Item, which includes no longer making copies of or distributing the End Product created using that Item (unless you remove the Item from it).
- The owner of each Item retains ownership. You can’t claim ownership of an Item, even if modified under clause 8, for example through content identification systems.
This Nondisclosure Agreement (the “Agreement”) is entered into by YOU and/or Your Partner(s) AKA as the Receiving Parties.
You must also check the appropriate boxes on the forms, that indicate you have read and agree with this form.
The agreement is between Don Cox and Melissa Mclellan also referred to as the “disclosing party” “supplier(s)”, “sending party(s)” “franchisor”, “boss”, and YOU, also known as the Receiving Party/Affiliate Member, Subscriber, Chief Editor, and by your legal name.
The online properties owned by Don Cox and Melissa Mclellan, also known collectively as the “disclosing parties”, and are including, but not limited to, any domains, or subdomains, of the following:
ContentCurationServices.ca, triumpnetwork.com, INFOPRODUCTSWORLD.COM, INFOHEROES.COM, BLOGDOGZ.COM, DONE4YOUBLOGGING.COM, MYDAILYSERVICES.COM, COXCONENT.COM, MENTORMASTERMIND.COM, WORDEXPRESS.CA, TRIMUPNETWORK.COM, UNIVERSALLAWSWEBSITE.COM, TopInfo.ca, DonCox.ca, and any other domains/subdomains, not listed above, and owned by the “Disclosing Parties. The Franchisors are located at 229 Fourth Avenue West North Bay ON Canada P1B3N1.
For the purpose of preventing the unauthorized disclosure of Confidential Information as defined below,
The parties agree to enter into a confidential agreement with respect to the disclosure of certain proprietary and confidential information (“Confidential Information”) and form part of this agreement
- Definition of Confidential Information. For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. Confidential Information can be transmitted by voice, voice recordings, video recordings, written form, as posts and pages on our website, or any information sent to you by email or by mail. Confidential data is also sent to you on USB data drives, hard drives, DVD’s, within live eCourses content transmitted by voice, video, text, graphics, etc.
All oral communication constitutes Confidential Information, as is often given during coaching sessions.
Confidential information includes any and all information given to you by any means, at anytime, and therefore you should consider ALL information as confidential and subject to this agreement.
This includes any data you gain access to via our eLearning lending library. The data in these eCourses is loaned to YOU, the receiving party, via offline only. The data is not stored on our servers or any third party servers, that we’re aware of. Franchisees may request that we LOAN, them specific eCourses, one at a time, and this is done solely through the regular mail or courier of your choice, at the Receiving party’s expense, including reasonable expenses for the purchase of hard drive(s), USB flash drives, DVD’s, or any other device you want the data stored on. The data is loaned to you, for your use only, and for only once time period. They cannot be loaned more than once, to any receiving party. The data cannot under any circumstances be copied, printed out, in its entirety, recorded via webcam and software, or posted online, on a private or public network, nor shall the data’s code be stripped and saved digitally by you. The course content cannot be sold, rented, or traded for money, products, and/or services. The materials must be returned in good condition, after a time a reasonable time period, allowing you to learn from the content, at a reasonable pace. The data cannot be copied out of context. In other words, YOU cannot copy parts of the materials to be kept by you for use later, if you intend on publishing the data online. The Receiving party must return the materials, at the Receiving Party’s expense, by regular insured mail, immediately after use, and within a reasonable time period. Failure to do so, may result in legal action against you, closure of your affiliate account/website/franchise and may include terminating your products and or services. Any unpaid commissions may be held, until the materials are returned, but will not be returned, if we have proof, that you shared the materials with others, against our terms and conditions. You may also be sued by the original creator of the materials.Furthermore, fines may be levied against you, for returning items late, or damaged, along with other disciplinary actions. For more information on Fair Use, please do your due diligence. Since the materials are sent to you, as part of the curriculum, the materials are interpreted to fall under “fair use”.
- Exclusions from Confidential Information. Receiving Party’s obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or (d) is disclosed by Receiving Party with Disclosing Party’s prior written approval.
- Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information whether on purpose or by mistake, by employees, contractors, and third parties as is reasonably required and shall be required to accept the non disclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party’s data for their own benefit, publish, copy, or otherwise disclose to others, or permit the use by others, for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.This includes any and all eCourses from the eLearning lending library, which is sent to the Receiving Party by mail.
- Time Periods. The non disclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect for at least one year and for written materials, five years, until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends the Receiving Party written notice releasing Receiving Party from this Agreement, and at that time, may or may not waive the FIVE YEAR restriction on disclosing digital information.
- Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, or employee of the other party for any purpose. The receiving party may opt to purchase a franchising agreement, but only after ONE year, at which time, the value of the franchise can be determined based on affiliate sales. A separate franchise agreement must be read and signed, if the potential Franchisee (YOU) demonstrate the behaviours, and the criteria needed, to operate the franchise successfully. This is not solely determined by your credit history, or your ability to pay, but based on your demonstrated entrepreneurship, and demonstrated sales and management abilities.
- Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best to effect the intent of the parties.
- Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended and the Receiving Party will be informed by email or certified letter.
- Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
- How Disputes Are Resolved: State the remedy for any breach of this agreement and severability. The remedy for a breach may include loss of franchise, affiliate membership, subscriptions to services, access to products, access to our lending library. A court order stating the breaching party name cannot release the confidential information (an injunction), determine financial damages, or any predetermined amount of money. If one of the parties breaches this Agreement, the non-breaching party is entitled to a fair and reasonable reward, commensurate with any potential loss of future revenues. The amount would be determined by a Certified General Accountant & Attorneys. Injunctive relief will take the form of and notwithstanding a suit for financial damages, and either party may bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction which shall remain in effect until a final award is made in the arbitration or court proceedings.
- The winning party has the right to collect from the other party, reasonable costs and attorney fees incurred in enforcing this Agreement.
- An Alternate Dispute Resolution may be ideal in the event of a breach. Therefore all claims and disputes arising or relating to this Agreement are to be settled by mediation/arbitration/negotiation FIRST, which will be conducted in North Bay, Ontario, Canada.
- This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings.
- This agreement can be changed at any time, without notice, and therefore you are encouraged to review our terms, and this document, regularly.
- This Agreement shall be governed by and construed in accordance with, the laws of the Province of Ontario Canada, without regard to principles of conflicts of law thereof
- This Agreement and each party’s obligations shall be binding on the representatives, assigns and successors of such party. Each party has indicated their Agreement by completing the form, through its authorized representative.
- You may be required to submit a handwritten signed agreement, if requested. A digital signature is also agreed to be a valid signature, by both parties, and this simply includes typing your legal name where indicated below.
The NON-DISCLOSURE/CONFIDENTIALITY AGREEMENT may be amended at any time, without notice.
16B Confidentiality begins in the recruitment process, where trade secrets may be given to the prospective employee. Any information received during this process must be kept strictly confidential, as Confidentiality as it is described in the Laws of Canada and the Laws in the Province of Ontario, Canada.
- Liability. The disclosing parties, can not, will not, be held liable for any financial damages caused by the use or misuse of our website, affiliate program, lending library, envato elements digital assets, any pages created using WordPress plugins, paid or free, or any other product or service, provided for and created by the receiving party as online assets, that had been used to customize the web pages, and website, using the license provided to the disclosing party, in their limited membership. We are not liable for copyright infringement as stated in the DMCA. DMCA “take down notices” issued by any party, the disclosing party, or the receiving part, must be observed and followed, as described in the DMCA. Otherwise, the Franchisor, has the right, to delete the material from our servers, after 48 hours, of receiving a “take-down notice” as it pertains to the DMCA. The same is true some europian countries, as it relates to the GDPR. his may include the entire website, and all of it’s content. Be sure to backup your data. We are not responsible for backups, though we may provide a backup service, as a redundancy. The backups are never again to be published online, without adhering to the DMCA takedown notices. Check with the DMCA to determine if indeed the data is infringing on the terms of the DMCA. It is the receiving party’s responsibility to become educated on the DMCA, and act accordingly, within timelines stipulated by the act.
Repeated DMCA breaches may result in closure of your franchise, affiliate account, website, and may result in civil actions against you, loss of commissions, etc.