LICENSE

Digital Product Licensing Agreement

This Digital Product Licensing Agreement (the "Agreement") is made effective as of the date of purchase, by and between The Funnel Academy, Denise Castillo, Founder and ("Licensor") and the Purchaser ("Licensee"). The Licensor and Licensee may be referred to individually as a "Party" and collectively as the "Parties."


WHEREAS, the Licensor owns a digital course entitled "The Funnel Academy" ("Product") created by Denise Castillo;


WHEREAS, the Licensee desires to obtain a non-exclusive license to sell the Product;


NOW, THEREFORE, in consideration of the mutual covenants and promises made by the Parties, the Licensor grants the Licensee a non-exclusive license to sell the Product, subject to the following terms and conditions:


Grant of License Licensor hereby grants Licensee a non-exclusive, non-transferable, and revocable license to sell the Product, subject to the terms and conditions set forth in this Agreement. The "Distribution Rights" detailed in this agreement outline the actions that can be taken by the Licensee with regards to the Product.


Payment and Royalties Licensee commits to a one-time licensing fee of $197 and pledges to sell the Product for no less than $197. Additionally, Licensee agrees to a $10/month membership fee for access to the SKOOL Community.


*Note If purchased prior to 6/1st, the price is $97 and members grandfathered for FREE lifetime SkOOL Membership.


Intellectual Property Rights Licensor warrants that it is the owner of the Product and has the right to grant Licensee the rights as set forth in this Agreement. Licensee acknowledges that all intellectual property rights in the Product, including copyrights, shall remain the exclusive property of the Licensor or Denise Castillo, as applicable.


Compliance with Laws Licensee agrees to comply with all applicable laws and regulations in connection with the sale of the Product.


Termination

Licensor reserves the right to remove Licensee from the SKOOL community if Licensee is found to be in violation of any of these terms and conditions without prior warning. Licensor also reserves the right to remove Licensee from the SKOOL community if Licensee cancels or fails to pay the $10/month membership fee, if applicable.


Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of law principles.


Indemnification

Licensee agrees to indemnify, defend, and hold harmless Licensor, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to the Licensee's sale of the Product or any breach of this Agreement by the Licensee.


Miscellaneous

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior negotiations, understandings, and agreements between the Parties. This Agreement may only be amended or modified in writing, signed by both Parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.


IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date the Licensee purchased the Product in association with the digital agreement made by selecting the checkbox provided at purchase.


Distribution Rights Agreement for Master Resell Rights Product

This Distribution Rights Agreement (the "Agreement") is entered into on the date of purchase (the "Effective Date") between Denise Castillo (the "Licensor") and the purchaser (the "Licensee").


WHEREAS, the Licensor is the owner of certain intellectual property rights associated with a digital product, including but not limited to software, ebooks, and other digital media (the "Product");


WHEREAS, the Licensor desires to grant the Licensee the right to distribute and sell the Product, subject to the terms and conditions of this Agreement;


WHEREAS, the Licensee desires to accept such grant and to distribute and sell the Product, subject to the terms and conditions of this Agreement;


NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreements contained herein, the parties hereby agree as follows:


Grant of Distribution Rights

The Licensor hereby grants to the Licensee the non-exclusive right to distribute and sell the Product worldwide for the term of this Agreement.


Restrictions

The Licensee agrees to distribute and sell the Product only in accordance with the terms and conditions set forth in this Agreement. The Licensee shall not make any modifications or alterations to the Product without the prior written consent of the Licensor. The Licensee may distribute and resell the product in any way they choose, as long as they adhere to the terms and conditions set forth in the agreement. The Licensee may claim ownership over the product when reselling the product; however, the Licensee cannot claim copyrights.


The Licensee may not modify, adapt, or create derivative works from the Product without prior written consent from the Licensor.


The Licensee must notify the Licensor immediately in the event they become aware of any unauthorized use or distribution of the Product.


The Licensee must comply with all applicable laws and regulations in connection with their distribution and sale of the Product, including but not limited to the laws of the state where the Licensee resides and US Federal law.


The Licensee is responsible for all taxes and other fees associated with their distribution and sale of the Product.


The Licensee may not use the Licensor's name, trademarks, or other intellectual property in any way that implies endorsement or sponsorship of their product or business not associated with the Product provided by the Licensor.


The Licensee must indemnify and hold the Licensor harmless from any claims, damages, or expenses arising out of the Licensee's distribution and sale of the Product.


This Agreement may be terminated by the Licensor upon written notice if the other party breaches any material provision of the Agreement.


Payment

The Licensee shall not pay the Licensor a percentage of the net sales revenue received from the sale of the Product. The Licensee is not required to provide the Licensor with weekly, monthly, quarterly, or yearly reports indicating the number of units sold and the net sales revenue received.

  • Any and all sales completed by the Licensee is the sole responsibility of the Licensee.


Marketing and Promotion.

The Licensee shall exert all reasonable efforts to promote and market the Product in a professional manner. Such efforts are the responsibility of the Licensee, who agrees to indemnify the Licensor against any legal matters they may encounter in relation to their marketing and promotion activities.

  • Licensees are responsible for ensuring compliance with all applicable laws and regulations related to their marketing and promotion activitiesThe Licensee agrees that no auction sites can be used for the resale of the Product. i.e. EBAY
  • The Licensee agrees that the Product will not be sold through ETSY.
  • The Licensee agrees that lying for financial gain is unethical and that the Licensor does not endorse any of the Licensees marketing material and that the Licensor is not responsible for any false information given by the Licensee.
  • By accepting this license agreement, all licensees agree to abide by the rules and regulations set forth by the Federal Trade Commission (FTC). Licensees are expressly prohibited from using income disclaimers when promoting the course. Any violation of this provision may result in termination of the license agreement and legal action. Licensees are responsible for ensuring compliance with all applicable laws and regulations related to their marketing and promotion activities.
  • All licensees are required to adhere to FTC disclosure requirements as outlined in the FTC's publication 'Disclosures 101 for Social Media Influencers' available at https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf. Failure to comply with these disclosure requirements may result in termination of the license agreement and legal consequences.


Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.


IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date OF April 05, 2024.


Licensor:

Denise Castillo

The Funnel Academy

PO Box 412

Winter Park, FL 32790

info@thefunnelacademy.com


INCOME DISCLOSURE

Our business provides individuals with an opportunity to earn income through Master Resell Rights. We believe that selling a Digital Product can be a viable source of income for many people, but we cannot guarantee any specific level of income or success.


Any income figures presented in our marketing materials or by other purchasers of this product are not guarantees of income. Income is dependent on various factors, including individual effort, skill, and experience. Therefore, actual earnings may vary and are not guaranteed.


We make no representation or warranty as to the level of success that any individual may achieve through our business opportunity or any of our programs, products, or services. The income figures presented are for informational purposes only and do not include expenses related to operating a business, such as marketing, travel, and other costs.


Individuals who join our community are responsible for their own success and should conduct their own due diligence to determine whether our business opportunity is right for them. We do not provide any guarantees or promises regarding income or success. Any earnings or income statements should be considered as estimates of what an individual could potentially earn, and not as typical or average earnings.

PRIVACY POLICY

PRIVACY POLICY Last Updated: April 8, 2024 JOLADIGITALMARKETING.COM/ ("we" or "us") is committed to protecting the privacy of our users ("you"). This Privacy Policy outlines the types of personal information we collect from you when you use our website, how we use and protect that information, and your rights in relation to that information.


1. Information We Collect When you use our website, we may collect the following types of personal information:


  • Personal information that you provide to us when you register for an account, such as your name, email address, and password
  • Personal information that you provide to us when you update your account, such as your address and phone number
  • Personal information that you provide to us when you participate in our online community, such as your comments and posts
  • information that we automatically collect when you use our website, such as your IP address, browser type, and operating system
  • Cookies and similar technologies that we use to collect information about your use of our website, such as the pages you visit and the links you click.


2. How We Use Your Information We use your personal information to:

  • Provide our services to you, such as creating and managing your account and facilitating your participation in our online community.
  • Communicate with you about our services and respond to your inquiries and requests
  • Personalize your experience on our website by showing you content and ads that are tailored to your interests
  • Monitor and analyze trends and usage of our website; ● Detect, investigate, and prevent fraud and other illegal activities.


3. How We Protect Your Information We take appropriate measures to protect your personal information from unauthorized access, use, disclosure, and alteration. We use industry-standard security measures such as encryption, firewalls, and secure socket layers (SSL) to protect your personal information.


4. Disclosure of Your Information We may disclose your personal information to third-party service providers who perform services on our behalf, such as website hosting, data analysis, and customer support. These service providers are only permitted to use your personal information to provide services to us and are required to keep your personal information confidential. We may also disclose your personal information to law enforcement or government agencies as required by law or as necessary to protect our rights or the rights of others.


5. Your Rights You have certain rights with respect to your personal information, including the right to:

  • Access your personal information and receive a copy of it
  • Correct any inaccuracies in your personal information
  • Delete your personal information
  • Object to the processing of your personal information
  • Withdraw your consent to the processing of your personal information.


If you would like to exercise any of these rights, please contact us using the information provided below.


6. Changes to this Privacy Policy We may update this Privacy Policy from time to time by posting a revised version on our website. The revised version will be effective as of the date it is posted. We maintain and follow all applicable laws and regulations by the US government that govern private information.


7. Contact Us If you have any questions about this Privacy Policy,

Distribution Rights

Distribution Rights

  • CAN be sold
  • CAN sell resale rights or master resell rights
  • CAN add the product into your product bundle or package and sell for a higher price
  • CANNOT be added to a paid membership site
  • CANNOT give the product away for FREE
  • CANNOT offer the product as a bonus to another product you are selling.
  • CANNOT apply discounts that will cause price to fall below the minimum sale price of $197 USD
  • CANNOT offer any discount codes that will cause the price to fall below $197, cannot offer promos such as gift cards (including store cards such as amazon are not allowed) or cash back. Not abiding by these rules will result in removal from the course.
  • You CAN offer your own digital products, services or 1-on-1’s as bonuses.
  • You CANNOT sell the product on auction sites such as eBay.com
  • You CANNOT sell the product on ETSY
  • You CANNOT use nor sell this product in a dime sale event, under any circumstances at all.
  • Videos CANNOT be Downloaded, Modified, or Housed Outside of its Original The Funnel Academy Community.

*Please note: Starting from June 1st, 2024, there will be a $10 per month membership fee for members who purchase the course. However, all members who purchased the course before June 1st, 2024, are grandfathered into the FREE Lifetime Skool membership. Failure to make payments will result in removal from the SKOOL platform.


If you have any particular questions regarding these distribution rights, please reach out to info@thefunnelacademy.com