CREDIT SUITE PARTNER ENROLLMENT AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Agreement sets forth the terms and conditions of your use of Credit Suite partner services.
The terms "we", "us" or "our" shall refer to Adviser. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) Genius Visionary Inc, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incor
· FEES AND PAYMENTS
Receiving party might choose to pay enrollment and other fees through installment payments. When such payment option is chosen, receiving party agrees to make payments promptly and to quickly remedy any delinquencies. If receiving party’s payment is delinquent due to non-payment, declined payment, default, or any other non-payment, delivering party then has the right to cancel in full receiving party’s business credit services to include CRM access, Business Finance Suite access, and Genius business credit business credit training access. Receiving party understands that once services are cancelled, delivering party can elect to not re-instead said services.
Client understands that along with their enrollment they are agreeing to these terms as outlined in this document. Client further understands that their IP address is collected upon enrollment to validate their purchase and to be used in case of any type of dispute.
Client also understands and agrees that when paying with monthly installments, all monies collected from the first installment payment are to be contributed to their Business Finance Suite business credit building program. To allow time for client to review the partner program fully before making any payments towards the partner opportunity, no monies from installment payments will contribute as part of payment toward the partner opportunity until the second monthly installment.
Receiving party agrees to discuss any concerns or issues with their Genius business credit support team. BY ENROLLING YOU ARE AGREEING TO PURCHASE OUR SERVICES! If you have any payment issues, service delivery issues, or any issues regarding billing or payments, insure you contact our support team first for resolution.
Customer agrees to make all monthly installment payments timely. The first installment will be collected at point-of-sale, and the second installment will be collected 30 days after, with all subsequent payments collected 30 days after the prior payment until all installments have been paid. If monthly installment payments are not made timely, and re-process attempts fail, Genius business credit does reserve the right to immediately upon decline terminate customer access to all resources, personnel including advisors and finance officers, as well as discontinue Finance Suite access. In the event a monthly installment payment declines and is not able to be re-processed, Genius business credit does reserve the right to break the payment down to equal or less weekly payments instead and charge a weekly payment that’s one-fourth or less of the total monthly payment.
MARKETING AND AUTOMATION PLAFORM ACCESS
Customer understands that with certain enrollment levels and the Campaigns product, they’ll have access to a Marketing and Automation platform. Customers understands that this platform is powered by Mautic, www.mautic.com. Customer acknowledges that all customer support servicing, and platform issues, will be handled by Mautic support directly. Genius business credit is not to be held liable for servicing or platform issues with the Marketing and Automation platform.
Customer agrees to pay a monthly fee, based on the contacts they have in their platform at the time of that billing period. Customer acknowledges they’ve seen, and understand the contact-level pricing that’s available here www.geniusbusinesscredit.com/marketing. Customer agrees and authorizes Genius business credit to charge their credit card on file in accordance with the level of contacts they have that are listed on this page www.geniusbusinesscredit.com/marketing. Customer acknowledges that their monthly charge will vary based on the amount of contacts they’re managing within their Mautic platform.
Customer also acknowledges that if their payment declines, or that they cancel their monthly subscription to their Marketing and Automation platform, all contacts, assets, logic, and other features they have setup may be lost in their entirety. Genius business credit will not continue to pay Mautic for the Customer’s platform, and customer will forfeit the information and contacts they’ve entered into their platform. Customer also acknowledges that Genius business credit reserves the right to solicit these abandoned customers for the purpose of offering business credit, offering loans, or offering the Partner program. If a Customer’s contact is solicited and a sale is made, Customer is entitled to an affiliate commission for the sale by Genius business credit, per the commission scale available here www.geniusbusinesscredit.com/affiliate.
· NON- DISCLOSURE
During the course of this Agreement, each Party will disclose to the other Party “Proprietary Information”(referred to herein as “Proprietary Information”) which may consist of each party’s business plan, ideas, concepts, customer lists, investor lists and identifications, technical information, business information, product plans, production volumes and other information; provided however, that Proprietary Information includes only information of either Party, which is initially disclosed in writing or other tangible form clearly marked “Proprietary” or “Confidential” or marked with other restrictive markings of similar import or if the same is initially disclosed in unmarked or intangible form, it is reduced to a properly marked tangible form and provided to the receiving Party within thirty (30) days from the date of disclosure.
For a period of two years from the date of this Agreement, the receiving party will receive and maintain the Proprietary Information in confidence using the same degree of care and discretion to avoid disclosure, publication or dissemination of the Proprietary Information to any third party as it uses with its own similar information that it does not wish to disclose, publish or disseminate. Each Party further agrees to return all of the proprietary information received from the other Party and destroy all copies thereof in its possession if so requested by the other Party.
The foregoing obligations shall be inapplicable to any information which: (A) prior to the receiver’s receipt thereof was publicly available or in receiver’s possession from a source other than the disclosing Party; or (B) after receiver’s receipt thereof becomes publicly available otherwise that as a consequence of a breach of receiver’s obligations hereunder; or (C) is rightfully acquired by receiver without a confidentially obligation from a third party who is under no obligation to disclose or maintain the confidentially of the Proprietary Information; or (D) is independently developed by receiver.
The Client agrees to not circumvent Business Finance Suite in any way with respect to the Business Finance Suite Investors or investor sources (which includes any individual or entity introduced to the Client by Business Finance Suite, its agents, representatives, consultants or affiliates; or any individual or entity represented by Business Finance Suite or its agents, representatives, consultants or affiliates with respect to providing debt or equity or any other type of financing for the Client or Client’s customers) – with respect to any individual and/or entity that Business Finance Suite or Business Finance Suite Investors introduces to the Client in conjunction with the Business Finance Suite Opportunity. By this covenant, the Parties agree that should any Business Finance Suite Investor invest in the Client or Client’s customers (through either equity, debt or any other type of financing) now and forever with respect to the Company Opportunity (or any third party introduced to the Client by any Business Finance Suite Investor), Business Finance Suite shall be entitled to receive the entire Business Finance Suite Fee unless action has been allowed and another agreement with the Client has been reached and agreed to in writing by Business Finance Suite.
· IDEMNIFICATION OF THE CLIENT
Business Finance Suite, including its principals, officers directors shareholders and agents and their successors and assigns, hereby jointly and severely agrees to indemnify and hold harmless the Client (including it principals, officers, directors, shareholders, and agents) from and against any and all claims, rights, demands, actions, obligations, and causes of action of any and every kind and character, known or unknown, asserted by any third party individual or entity that is based upon, related to or arising out of Business Finance Suite’s involvement in introducing third parties to the Client with the intent that they will invest in the Company Opportunity.
The Client, hereby, jointly and severely agrees to indemnify and hold harmless Business Finance Suite, including its principals, officers, directors shareholders and agents, from and against any and all claims, rights, demands, actions, obligations, and causes of action of any and every kind and character, known and unknown asserted by any third party individual or entity that is based upon, related to or arising out of the Client’s promotion of the Business Finance Suite Opportunity or any matter arising out of the Business Finance Suite Opportunity or related thereto.
· BUSINESS OPPORTUNITY DISCLOSURES
Client acknowledges that they have received and reviewed the Business Opportunity Disclosure, Refund Policy, and Earnings Claim statements at least 7 days prior to enrolling. Client also understands and agrees that upon enrolling and providing their initials or signature, client has received and read and fully understands these disclosures. Client further acknowledges they can get more information about Business Opportunity Rule 16 CFR Part 437 here http://www.ftc.gov/policy/federal-register-notices/16-cfr-part-437-disclosure-requirements-and-prohibitions-concerning. By enrolling client forgoes any rights to file suit for violations of any part of this rule as all disclosures have been provided and reviewed at least 7 days prior to enrollment as Federal law requires. All disclosures can also be found on the Genius Visionary Inc website here www.geniusbusinesscredit.com/businessopportunity.
· END USER LICENSE AGREEMENT
This copy of Business Finance Suite and Genius business credit partner program ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Genius Visionary Inc. or its subsidiaries, affiliates, and suppliers (collectively "Genius Visionary Inc.") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Genius Visionary Inc., you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Limited Software Product Warranty
For a period of 12 Months days from the date of shipment or from the date that you download the Software Product, as applicable, Genius Visionary Inc. warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY GENIUS VISIONARY INC., GENIUS VISIONARY INC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Genius Visionary Inc. makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Genius Visionary Inc. makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. GENIUS VISIONARY INC. WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL GENIUS VISIONARY INC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF GENIUS VISIONARY INC. OR ANY OTHER PARTY, EVEN IF GENIUS VISIONARY INC. IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS GENIUS VISIONARY INC.'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Genius Visionary Inc. reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Genius Visionary Inc. is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Genius Visionary Inc. to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Genius Visionary Inc. harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Florida, without regard to Florida's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.