FICTION PROFITS CONTRACTUAL AGREEMENT
IMPORTANT: READ THIS CAREFULLY BEFORE ACCESSING OR USING SUCCESS FOR LIFE’S FICTION PROFITS PROPRIETARY MATERIALS, WHICH INCLUDES ACCESSING ANY AUDIO AND/OR VISUAL PRESENTATIONS, AND/OR PROGRAMS ASSOCIATED WITH GLOBAL SUCCESS FOR LIFE INC. (DBA SUCCESS FOR LIFE).
BY ACCESSING OR USING THE FICTION PROFITS MENTORHSHIP TRAINING PROGRAM AND CONTACTS, NETWORKS, PROFESSIONALS, AND OTHER RESOURCES, YOU ACKNOWLEDGE THAT: A. YOU HAVE READ THIS AGREEMENT, B. YOU UNDERSTAND IT, AND C.
YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF SUCCESS FOR LIFE’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, FACEBOOK GROUP, AND/OR PROGRAMS ASSOCIATED WITH SUCCESS FOR LIFE, AND CONTACT US IMMEDIATELY AT (850) 588-5500 EXT. 2 OR SUPPORT@GLOBALSUCCESSFORLIFE.COM.
This Agreement (“Agreement”) is entered into on today’s date (“Effective Date”) by and between Success For Life Inc., with principle offices located at 415 N. Richard Jackson Blvd., Panama City Beach, FL 32407 USA (“Success For Life”) and Fiction Profits Student (“YOU” or “YOUR”) (collectively the “Parties” and individually “Party”).
WHEREAS, Success For Life is engaged in the business of teaching business building techniques intended to help individuals grow their wealth through Amazon publishing strategies.
WHEREAS, YOU desire to engage Success For Life to provide consulting services to YOU in the form of webinars, audio and/or visual presentations, and periodic personal coaching and evaluation.
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
SECTION 1: Membership and Program Fees 1.1.
Program. Under the terms of this Agreement, Success For Life agrees to provide Amazon publishing coaching services to YOU for six weeks in the form of webinars, audio and/or visual presentations, and periodic personal evaluation in exchange for a fee (the “Program Fee”), which will be determined according to Paragraph 1.2 below.
Your access to the Program is conditional on Success For Life’s receipt of the Program Fee. Additionally, after you are fully trained on how to legally structure your publishing business, how to find book ideas, how to find ghostwriters, editors, and other publishing professionals to assist you, how to upload your books on the Amazon publishing platform and, most importantly, how to market your books for maximum profits.
1.1.1. Term.
This Agreement will commence upon YOUR acceptance of this Agreement and payment of the Program Fee. YOU agree and understand that upon commencement of this Agreement, you will become enrolled in the Program, which will conclude one full year from the date of the execution of this Agreement.
1.1.2. Termination.
Success For Life may immediately terminate this Agreement at any time in its discretion upon written notice to YOU, which may be sent via email. Notwithstanding anything to the contrary herein or otherwise, the provisions of this Agreement concerning indemnification, non-disclosure, Confidential Information, Intellectual Property, disclaimer of warranties, and limitation of liability shall survive the termination of this Agreement.
1.1.3. Program Fee.
By entering into this Agreement, YOU agree and understand that you are committing to pay Success For Life for the Fiction Profits 6-Week Mentorship Group:
Either: A. One (1) Full-Price Payment of $1,997.00 (Unless a Discounted Pricing Deal Had Been Offered; This Agreement is Based on What YOU Actually Paid for This Program)
OR B. Three (3) Monthly Payments of $799.00 Each (Totaling $2,397; Unless a Discounted Pricing Deal Had Been Offered; This Agreement is Based on What YOU Actually Paid for This Program)
The Program Fee is for 6 weeks of online training (including videos, course materials, and coaching) and for a one-on-one 30-minute coaching call at the end of the 6 weeks of training to help fine-tune YOUR first book idea.
1.2. Promotional Material. By entering into this Agreement, YOU affirmatively agree and acknowledge that Success For Life may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, YOUR experience in the Program, including any specific results experienced by YOU over the course of YOUR participation. YOU agree and acknowledge that this includes any written statements you may publish through social media accounts and online forums, as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event related to the Program. YOU further represent and warrant that any statements or testimonials that you make shall be correct, accurate, and truthful. Additionally, YOU irrevocably and permanently grant, assign and convey to Success For Life the right to use, broadcast, distribute, and exhibit in any form now or later developed, including publications for promotion on website entries and social media sites, YOUR name, likeness, image, photograph, voice, and video as related to and in conjunction with YOUR attendance of any Program event and/or participation in the Program (collectively “YOUR Materials”). YOU irrevocably and permanently waive any right to royalties or other compensation arising from or related to the use of YOUR Materials.
1.3. Conditional Money-Back Guarantee.
The money-back guarantee is as follows: if YOU follow the full instructions provided in the online mentorship group including completing an entire polished book, YOU upload it properly to the Amazon publishing platform, YOU market the book according to the instructions provided in the group, and you don’t make any money, we will offer to buy your book from YOU for the cost you paid to have the book written, edited, and published. (YOU will be required to submit proof of all of your publishing cost receipts.) You will then be reimbursed for 100% of YOUR paid tuition costs in this group PLUS you’ll be reimbursed for the true and provable cost of the book you published. By relinquishing YOUR book to our legal possession, this means that we will retain 100% ownership of that work, requiring YOU to remove it from your Amazon publishing account and disallowing you from selling it anywhere at any time under any circumstances.
YOU can send a refund request IN WRITING to Success For Life, 415 N. Richard Jackson Blvd., Panama City Beach, FL 32407 or via email to support@globalsuccessforlife.com.
Additionally, YOU can qualify for a refund of the entire course enrollment fee upon submitting YOUR financial and Amazon publishing success story VIA VIDEO ONLY to info@successforlife.co. With YOUR emailed success story video link, YOU may request a refund of YOUR tuition IN WRITING to email to support@globalsuccessforlife.com.
1.4. Commitment to the Program. By entering into this Agreement, YOU commit and agree to faithfully execute all the lessons, assignments, and course work in the Program to the best of YOUR ability. YOU further agree to attend all scheduled trainings and coaching sessions included as part of the Program. YOU acknowledge that creating results requires tremendous effort and that YOU are prepared and committed to faithfully make that effort.
SECTION 2: INDEMNIFICATION AND NO WARRANTIES
2.1. Success is not guaranteed by merely enrolling into a program or group. By entering into this Agreement, YOU agree and understand that Success For Life is only granting YOU access to the Program, which attempts to teach YOU Amazon publishing techniques and strategies intended to help YOU grow YOUR online publishing business. Success For Life guarantees NO specific results aside from those listed in the Conditional Money Back Guarantee. YOU take full responsibility for YOUR own success. YOU acknowledge that everyone's success is different and depends on numerous factors, including, but not limited to, YOUR own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of YOUR own earnings or success, and YOU should not rely upon them in any manner whatsoever. Please be aware that YOU may experience loss of income by using the Program. In other words, YOU are completely and totally responsible for YOUR own success, and there is a risk YOU may lose money.
2.2. Disclaimer of All Warranties. SUCCESS FOR LIFE HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM, ALONG WITH ANY ANCILLARY SERVICE, IS BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER EXCEPT FOR WHAT IS OUTLINED ABOVE IN THIS AGREEMENT. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
2.3. Limited Liability. In no event will Success For Life be liable to YOU or any party related to YOU for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Success For Life has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.4. Indemnification. YOU will, at YOUR own expense, defend, indemnify, and hold Success For Life, its officers, members, managers, agents, attorneys and employees, harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of, related to, or in connection with YOU being granted access to the Program and/or Success For Life’s provision of any service.
SECTION 3: Confidentiality
3.1. Confidentiality. Subject to the terms and conditions herein, only YOU are being granted access to the Program, and during the Program you will be exposed to Success For Life’s proprietary and/or confidential information (collectively “Confidential Information”). Unless specifically and expressly authorized by this Agreement, YOU shall not use, teach, sell, disclose, reveal, provide or make available to any third party any of Success For Life’s Confidential Information and contacts, including, but not limited to, materials (whether in electronic form or made available to YOU in private social media groups, or otherwise), documentation, techniques, formulas, methods, processes, algorithms, code, software, designs, uses, apparatuses, notes, trade and service marks, trade dress, trade secrets, images, video, audio, intellectual property, or any login member credentials. YOU warrant, represent, and agree to (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as YOU use to avoid unauthorized use, disclosure, or dissemination of YOUR own confidential information of a similar nature, but not less than reasonable care; and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement. Success For Life (or its licensor) shall at all times retain all rights, ownership, title, and interest in any Confidential Information.
3.2 Intellectual Property. YOU acknowledge that any and all intellectual property, including -- but not limited to, Confidential Information and Contacts, audio and visual presentations, documentation, images, designs, works made for hire, marks, trademarks, trade secrets, and any other materials or elements associated with the Program and/or System (collectively the “Intellectual Property”) -- is the sole intellectual property of Success For Life. YOU further acknowledge and agree that, as between YOU and Success For Life, Success For Life and its third-party licensors own and shall continue to own all right, title, and interest in and to the Intellectual Property. Except for the limited, revocable license expressly granted to YOU herein, this Agreement does not grant YOU any ownership or other right or interest in or to any Intellectual Property or contacts/connections, or any property rights of Success For Life, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Success For Life uses in connection with services rendered by Success For Life are marks owned by Success For Life. This Agreement does not grant YOU any right, license, or interest in such marks or Intellectual Property, and YOU shall not assert any right, license, or interest in such marks or Intellectual Property that are confusingly similar thereto.
SECTION 4: Miscellaneous
4.1. Non-transferability. The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification. YOU will, at your own expense, defend, indemnify, and hold Success For Life, its agents, attorneys and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with this Agreement and/or YOUR access or participation in the Program.
4.3. Integration. This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Success For Life concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, promise or understanding relating to the Program, whether oral or written. YOU represent, warrant, and agree that YOU are not relying upon any prior proposal, sales call, representation, promise or understanding relating to the Program, whether oral or written.
4.4. Modification. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and is modifiable only by a duly signed written instrument; however, Success For Life reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement in your Member’s Only Access area.
4.5. Waiver; Binding Effect; Counterparts. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Success For Life, its officers, members, managers, agents, or employees, except by duly signed written instrument. The failure Success For Life to enforce any provision of this Agreement shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the enforcement of any other provision. The Parties represent and warrant that they are authorized to execute this Agreement and that this Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the Parties and their heirs, legal representatives, successors, and assigns. The Parties further agree that this Agreement may be executed in any number of counterparts, all the counterparts shall be deemed to constitute one instrument, and each counterpart shall be deemed an original. Facsimile and pdf copies of signatures shall serve as originals.
4.6. Governing Law and Jurisdiction. This Agreement and any disputes relating to this Agreement shall be governed and construed in accordance with the laws of the United States of America and the State of California, without regard for its conflicts of laws principles. Jurisdiction and Venue for any dispute concerning, involving, or in any way related to this Agreement shall lie exclusively in the federal and state courts of California State, located in the County of Los Angeles (Central District). The Parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such courts in any action or proceeding. However, this Agreement and/or any court order or judgment arising out of or related hereto shall be enforceable in every state and worldwide.
4.7. Remedies. In the event of a breach or threatened breach by YOU of any of the provisions of this Agreement, YOU hereby consent and agree that Success For Life shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of relief.
4.8. Enforceability; Severability; Construction. The invalidity of any portion of this Agreement whether declared invalid by a court or otherwise shall not affect the validity of the remainder of the Agreement. If a court of competent jurisdiction should find the provisions of any provision of this Agreement to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments hereto.
4.9. Attorneys’ Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT REFUND POLICY, AND CONFIDENTIALITY.