REPRINT RIGHTS LICENSE
"How To Make Money Using eBay" (HTeB); "The Ultimate
Think and Grow Rich Wealth Building System" (UTRS); "Money On Demand"
(MOD)
You have made a wise decision to consider purchasing a Reprint
License to our "How To Make Money Using eBay" (HTeB); "The Ultimate
Think and Grow Rich Wealth Building System" (UTRS); "Money On Demand"
(MOD) (“Product”).
This agreement describes the entire terms and conditions for the
purchase of the “Reprint License” in our Product.
Attention
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING YOUR LICENSE.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY PUTTING A
CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND
ACCEPT IT'S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL
BE CANCELED, AND YOU WILL NOT BE CHARGED.
License Grant
“You” means the person or company who is being licensed (licensee) to
reprint, reproduce, market and sell the "How To Make Money Using eBay" (HTeB);
"The Ultimate Think and Grow Rich Wealth Building System" (UTRS); "Money
On Demand" (MOD). “We,” “us” and “our” (licensor) means Parthenon
Marketing Inc.
We hereby grant you a nonexclusive, non-transferable, limited,
lifetime royalty-free license to the reprint rights only; to reproduce
market and sell our "How To Make Money Using eBay" (HTeB); "The Ultimate
Think and Grow Rich Wealth Building System" (UTRS); "Money On Demand"
(MOD), subject to the following terms and conditions.
Definition of Terms
Royalty-Free: You keep 100% of the profits from any and all
sales you make of the product.
Reprint Rights: This license includes the right to sell the
Product in digital form, subject to the terms and conditions set forth
in this agreement. You shall not sell the rights to resell the Product
in any form whatsoever, but you may sell digital copies of the Product
based on your possession of a master copy of the product.
Suggested Retail Price: Suggested Retail Price is the price or
price range at which we suggest to licensees to sell the product to the
public and is consistent with acceptable practices under the Sherman
Anti Trust Act as defined and interpreted by the Colgate Case and
subsequent Court Holdings following the Colgate Case. The Suggested
Retail selling price of this Product is HTeB: $297; UTRS: $397; MOD:
$297.
Prohibited Activities
This license is limited in the following respects and your violation
of any of the terms of this provision will be a breach of this agreement
and will immediately terminate your license:
You shall not reproduce, sell or distribute the Product as a physical
product.
You shall not package this Product with other products or offer this
Product in conjunction with the sale of other products for a single
inclusive price.
The Product shall be sold as a stand-alone product. However, you are
permitted to add additional bonuses as an incentive to sell the Product,
if you so desire.
You must keep it intact as delivered to you: a e-manual and audios (as
applicable).
You shall not break up the Product into parts.
You shall not sell the product on Ebay or any other auction site.
You shall not make this Product, or any part thereof, a bonus for the
purchase of any product, membership or service of any kind whatsoever or
make it available to members of any site without charge.
You cannot claim yourself as the author or the copyright holder of any
part or the whole of this Product.
You shall not imply or infer in any way whatsoever that you are our
partner or employee on any sales material and advertising or in any
correspondence with prospective or present customers.
You shall not give away this Product or any part thereof for any reason
whatsoever. This includes the distribution of “demo” copies.
In cases in which you receive a sales leter, you may not add to the
sales letter or change it in any other way. If you do not receive a
sales letter, you can, of course, write your own. YOU agree to indemnify
Parthenon Marketing Inc and all associated parties for the claims of
your copy. You do NOT receive any rights in any way to any other
product, sales letter or graphic other than this product.
You may not associate our product with any illegal activities in the
U.S. or any other country.
You may not associate our product in any way with adult sites
Copyrighted material
We hold the exclusive copyright to the Product and Reprint Rights
Package which includes but is not limited to "How To Make Money Using
eBay" (HTeB): ebook; "The Ultimate Think and Grow Rich Wealth Building
System" (UTRS): emanual plus audios; "Money On Demand" (MOD): emanual
plus audios and all trademarks related there to. You are granted a
lifetime revocable, royalty-free license to use the name and all
materials. All rights granted hereunder may at our sole discretion be
terminated if you breach any of the terms and conditions of this
agreement. You are solely responsible for ensuring that your reviews,
advertising and descriptions comply with all applicable copyright and
other laws and shall hold us harmless for any violations thereof.
Pricing
Company reserves the right to establish and does establish a
suggested retail selling price for the Product. The Suggested Retail
selling price of this Product is HTeB: $297; UTRS: $397; MOD: $297.
Right to Revoke the License of a Licensee
You are free to sell the Product at any price you decide. We reserve
the unilateral right to revoke the license of any licensee, if that
licensee is found to be selling our Product at a price below the
Suggested Retail, selling price of HTeB: $297; UTRS: $397; MOD: $297. If
we elect to terminate your license, you will not be entitled to
reimbursement of any fees you paid to us for the license or any money
you expended for promoting and/or advertising our Product.
The purpose of this section is to disclose to you our rights under
the Sherman Anti Trust Laws with regard to Setting Suggested Retail
Prices and terminating licensees who do not honor our policy.
The Sherman Anti Trust Law says:
An agreement between manufacturer and dealer or retailer on minimum
resale price levels is per se illegal. However, under the Colgate
Doctrine, established by the Supreme Court in 1919, a manufacturer may
lawfully suggest prices and stop dealing with those who discount those
prices, as long as it does so unilaterally.
This section should not be interpreted as an agreement between you
and us to set the price of our Product, but is inserted here to provide
you with full disclosure of our rights so that your decision to purchase
a license is made in light of our full disclosure.
Not only do the Copyright Laws protect our Product but we also
believe that our product is unique and valuable to our consumers. As a
result we feel that discounting this Product would serve to cheapen the
our image in the eyes of the public; would cause damage to our brand
name and therefore undermine the present and future products'
attractiveness to potential customers as well as their value to those
already owning them.
Independent Investigation
We make no warranties or representations with regard to your ability
to sell this product, except as expressly set forth herein. This
agreement supersedes any and all communications we have made to you of
any kind whatsoever including statements on our sales page, email
communications or otherwise. You acknowledge that you have reviewed this
Agreement and agree to all its terms and conditions. You understand that
we may at any time operate Web sites that are similar to or compete with
your Web site. You have independently evaluated the desirability of
purchasing the rights in this Product and you are not relying on any
representation, guarantee or statement other than as set forth in this
Agreement. You understand that results may vary, as with any business
opportunity. Success in ANY business opportunity is a result of hard
work, time and a variety of other factors. No express or implied
guarantees of income are made as a result of purchasing the rights in
the Product.
Limitation of Liability
In no event shall we be liable for special, incidental, consequential
or punitive damages, including, without limitation, any damages
resulting from loss of profits, loss of business or loss of goodwill
arising out of or in connection with this Agreement or the Product,
whether or not we have been advised of the possibility of such damages.
In addition, our aggregate liability arising under or with respect to
this Agreement and the Product shall in no event exceed the total
license fee paid by you under this Agreement. The license fee for this
product is FREE with WIS-UK '05 registration, which shall be the maximum
extent of our liability to you for any reason whatsoever.
Relationship of the Parties
You acknowledge and agree that you shall, from a legal perspective,
act as and shall be an independent contractor and not an employee or
agent of Parthenon Marketing Inc or any company owned or associated
Parthenon Marketing Inc. Nothing in this Agreement shall create a
partnership, joint venture, agency, or franchise between you and us in
the legal sense of these terms. You shall not sign any document in the
name of or on behalf of Parthenon Marketing Incor any company owned or
associated with Parthenon Marketing Inc, nor shall you hold yourself out
as being an agent of Parthenon Marketing Incor any company owned or
associated with Parthenon Marketing Incor as having apparent authority
to contract for or bind Parthenon Marketing Incor any company owned or
associated with Parthenon Marketing Inc.
Licensee Sites and Promotion Methods
You shall be solely responsible for all materials that appear on your
site. You shall strictly adhere to all applicable laws and regulations
in conducting your business and more specifically in marketing and
advertising the Product. Without restricting the generality of the
foregoing, you shall not send unsolicited e-mail and shall not send
e-mail or any other communication to a recipient if the recipient has
requested that it discontinue such communication, nor shall you send or
display on your Web site any material that may be considered to be
harassing, libelous, defamatory, legally obscene or pornographic,
threatening, abusive or hateful.
We shall have the right to monitor your Web site at any time and from
time to time to determine if it is in compliance with the terms and
conditions of this Agreement.
You agree not to use any predatory advertising methods designed to
generate traffic from sites that you have not had contract with in the
online promotion of the Product. Predatory advertising is defined as any
method that creates or overlays links or banners on web sites, spawns
browser windows, or any method invented to generate traffic from a web
site without that web site owner's, knowledge, permission, and
participation. Examples include, but are not limited to, keyword
parsing, browser plugins such as TopText and Surf+, banner replacement
technology such as Gator, browser spawning technology that is not web
site dependent. Participation in predatory advertising programs will be
cause for the immediate revocation of your license.
Goodwill Preservation
You shall acknowledge and clearly identify and respect that all
proprietary information, trademarks, copyrights and all other similar
rights in and arising out of the Product are, and shall continue to be,
the exclusive property of Parthenon Marketing Inc. In the event you
learn of any claim or allegation that the Product infringes upon or
violates any intellectual property or proprietary rights of a third
party, or contains any unlawful, libelous, or untrue statement, you
shall immediately notify us so as to enable us to defend, settle or
otherwise resolve the claim or allegation in a manner that we deem
appropriate in our sole discretion.
You shall not make or give to a customer or a potential customer any
warranty, representation or other statement concerning the Product other
than the warranties, representation and statements contained in the
original Product.
Disputes
This license agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Tennessee, as it is applied
to agreements entered into and to be performed entirely within that
jurisdiction.
To the extent you have in any manner violated or threatened to
violate our intellectual property rights, we and/or our agents may seek
injunctive or other appropriate relief in any State or Federal Court in
Nashville Tennessee USA and you consent to exclusive jurisdiction and
venue in such courts.
In the event that we decide to terminate and revoke your license, if
you are found to be selling our Product at a price below the Suggested
Retail selling price of HTeB: $297; UTRS: $397; MOD: $297or if we revoke
your license as a result of any breach of this agreement, we will
exercise our rights under the Digital Millennium Copyright Act (DMCA) by
serving a “Take Down Letter” on your Internet Service Provider. In
addition, we and/or our agents may seek injunctive or other appropriate
relief in any State or Federal Court in Nashville Tennessee USA and you
consent to exclusive jurisdiction and venue in such courts. In addition,
you agree to waive any and all rights you may have under the DMCA rules
and regulations as it applies to the “Take Down Procedure” found in
section 512 of that act.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement other than those mentioned
above, you and we agree to first try to resolve it with the help of a
mutually agreed-upon mediator in Nashville Tennessee USA. Any costs and
fees other than travel expenses and attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, you and we agree to submit the dispute to binding
arbitration in Nashville Tennessee USA, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
Miscellaneous Provisions
Any reference in this Agreement to gender includes all genders and
words importing the singular number only shall include the plural and
vice versa.
The insertion of headings and the division of this Agreement into
Articles and Sections are for convenience reference only and are not to
affect its interpretation.
It is agreed that each of us shall execute and deliver such
additional agreements and documents and do such acts and things as may
be reasonably necessary fully and effectually to carry out the intent
and purpose of this Agreement.
If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited to the
minimum extent necessary such that the intent of the parties is
effectuated, and the remainder of this agreement shall have full force
and effect.
Any notice required under this Agreement may be given by email, fax
or written letter to the number or address you provide
Time shall be of essence of this Agreement
Parthenon Marketing Inc
2400 Crestmoor Rd #36
Nashville TN 37215 USA
615-662-3169 / fax: 615-662-3108
Click to email Ted Ciuba or staff
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