Terms and Conditions for Jola Digital Marketing

Effective Date: May 22, 2024

Welcome to Jola Digital Marketing! These Terms and Conditions ("Terms") govern your use of our website and services, including the purchase of our digital courses and products. By accessing or using our website and services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing our website or purchasing our digital products, you agree to comply with and be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our website or services.

2. Use of Service

- Eligibility: You must be at least 18 years old to use our services and purchase our products.

- Account Registration: To access certain features of our website, you may need to create an account. You agree to provide accurate and complete information and to keep this information up-to-date.

- Prohibited Activities: You agree not to use our website or services for any unlawful purpose or in any way that could harm us or our users.

3. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Jola Digital Marketing or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our prior written permission.

4. Purchases and Payment

- Payment: All payments for digital courses and products must be made through our secure payment system. By providing payment information, you represent and warrant that you have the legal right to use the payment method provided.

- Pricing: We reserve the right to change our prices at any time. All sales are final at the time of purchase.

5. No Refund Policy

Due to the nature of our digital products, all sales are final. Once a product is purchased and downloaded, we do not offer refunds, exchanges, or cancellations. By purchasing our digital products, you acknowledge and agree to this no refund policy.

6. Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted or error-free, and we disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

To the maximum extent permitted by law, Jola Digital Marketing and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of our website or services.

8. Indemnification

You agree to indemnify and hold harmless Jola Digital Marketing, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your use of our website or services or your violation of these Terms.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of

Louisiana, Lafourche Parish, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Louisiana, Lafourche Parish.

10. Changes to Terms

We may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any significant changes by posting the new Terms on our website and updating the effective date. Your continued use of our website and services after any such changes constitutes your acceptance of the new Terms.

11. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Jola Digital Marketing

Email: laura@joladigitalmarketing.com

By using our website and services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

Refund Policy for Jola Digital Marketing

Effective Date: May 22, 2024

At Jola Digital Marketing, we strive to provide high-quality digital courses and products. Due to the nature of our products being immediately downloadable upon purchase, we have a strict no refund policy.

1. No Refunds

All sales of digital courses and products are final. Once a product is purchased and downloaded, we do not offer refunds, exchanges, or cancellations. By purchasing our digital products, you acknowledge and agree to this no refund policy.

2. Exceptions

In the unlikely event that you experience technical issues with your download, please contact us at laura@joladigitalmarketing.com. We will work with you to resolve the issue and ensure you have access to the product you purchased.

3. Contact Us

If you have any questions or need assistance, please contact us at:

Jola Digital Marketing

Email: laura@joladigitalmarketing.com

Thank you for your understanding and for choosing Jola Digital Marketing for your digital marketing education and resources.

Income Disclosure for Jola Digital Marketing

Effective Date: May 22, 2024

At Jola Digital Marketing, we believe in transparency and providing our customers and prospective clients with accurate information regarding the potential earnings from our digital courses and products. This Income Disclosure outlines the nature of the income you can expect and factors that influence your earnings.

1. No Guarantee of Income

While our digital courses and products are designed to provide valuable knowledge and tools to help you succeed in digital marketing, we do not guarantee any specific level of income or success. Earnings and success are dependent on a variety of factors including, but not limited to:

- Your individual efforts

- The time you dedicate to implementing the strategies

- Your business acumen

- Market conditions

- Competition in your niche

2. Earnings Potential

The income potential from using our courses and products varies greatly from person to person. Some individuals may earn substantial income, while others may not earn any income at all. Examples of earnings and success stories provided by Jola Digital Marketing are exceptional and are not intended to represent typical results. Your results will vary.

3. Factors Influencing Earnings

Several key factors influence your potential earnings:

- Personal Effort and Commitment: Consistent effort, hard work, and commitment to learning and applying the strategies are crucial for success.

- Experience and Skills: Previous experience in digital marketing, business skills, and ongoing education can enhance your ability to succeed.

- Market Demand: The demand for digital marketing services in your target market can impact your earning potential.

- Implementation of Strategies: Effectively implementing the strategies taught in our courses is critical for achieving the desired results.

4. Testimonials and Endorsements

Testimonials and endorsements from customers reflect their individual experiences and are not a guarantee that you will achieve the same results. These testimonials are provided voluntarily and are not paid endorsements.

5. Financial Risk

Engaging in any business activity, including digital marketing, involves inherent risks. You may lose money and should be prepared for such an outcome. We recommend consulting with financial and business advisors to assess your personal situation before making any business decisions.

6. Responsibility

Jola Digital Marketing is not responsible for your success or failure. Your decisions and actions are solely your responsibility. We provide educational content and tools, but the application and results depend on your own efforts and circumstances.

7. No Refunds

All sales of digital courses and products are final. Once a product is purchased and downloaded, we do not offer refunds, exchanges, or cancellations. By purchasing our digital products, you acknowledge and agree to this no refund policy.

8. Contact Us

If you have any questions or need further clarification regarding this Income Disclosure, please contact us at:

Jola Digital Marketing

Email: laura@joladigitalmarketing.com

By purchasing and using our digital courses and products, you acknowledge that you have read, understood, and agreed to this Income Disclosure.

Thank you for your trust in Jola Digital Marketing. We are committed to providing you with quality education and tools to help you on your digital marketing journey.

Privacy Policy for Jola Digital Marketing

Effective Date: May 22, 2024

At Jola Digital Marketing, we value your privacy and are committed to protecting your personal information. This Privacy Policy outlines the types of information we collect, how we use and protect it, and your rights regarding your data. By using our website and services, you agree to the terms of this Privacy Policy.

1. Information We Collect

We collect various types of information to provide and improve our services, including:

- Personal Information: When you purchase our digital courses or products, register for an account, subscribe to our newsletter, or contact us, we may collect personal information such as your name, email address, phone number, billing address, and payment information.

- Usage Data: We automatically collect information about your interaction with our website, including your IP address, browser type, pages visited, time spent on pages, and referring URL.

- Cookies and Tracking Technologies: We use cookies and similar technologies to track your activity on our website and store certain information. Cookies help us improve your user experience and deliver personalized content.

2. How We Use Your Information

We use the collected information for the following purposes:

- To Provide and Maintain Our Services: To process your orders, manage your account, and provide customer support.

- To Improve Our Services: To understand how you use our website, identify areas for improvement, and develop new products and features.

- To Communicate with You: To send you updates, newsletters, promotional materials, and other information that may interest you. You can opt-out of these communications at any time.

- To Ensure Security: To detect and prevent fraud, unauthorized access, and other security issues.

- To Comply with Legal Obligations: To comply with applicable laws, regulations, and legal processes.

3. How We Share Your Information

We do not sell or rent your personal information to third parties. However, we may share your information with:

- Service Providers: Third-party companies that provide services on our behalf, such as payment processing, data analysis, email delivery, and customer support.

- Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the new owner.

- Legal Requirements: If required by law or in response to valid requests by public authorities, such as a court or government agency.

4. Data Security

We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

5. Your Rights

You have the following rights regarding your personal information:

- Access: You have the right to access the personal information we hold about you.

- Correction: You can request the correction of inaccurate or incomplete information.

- Deletion: You can request the deletion of your personal information, subject to certain legal obligations.

- Objection: You can object to the processing of your personal information for direct marketing purposes.

- Data Portability: You can request a copy of your personal information in a structured, machine-readable format.

To exercise any of these rights, please contact us at laura@joladigitalmarketing.com.

6. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices or the content of these websites. We encourage you to review the privacy policies of any third-party sites you visit.

7. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for legal, operational, or regulatory reasons. We will notify you of any significant changes by posting the new Privacy Policy on our website and updating the effective date at the top of this document.

8. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

Jola Digital Marketing

Email: laura@joladigitalmarketing.com

Thank you for trusting Jola Digital Marketing with your personal information. We are committed to protecting your privacy and ensuring a safe and secure experience on our website.

THE FUNNEL ACADEMY MEMBERSHIP PARTNER PROGRAM AGREEMENT

Effective Date: February 1, 2025 as amended (05/01/2025)
Issued By: The Funnel Academy, Denise Castillo, Founder

This Membership Partner Program Agreement ("Agreement") is made effective as of the date of acceptance by and between The Funnel Academy ("Licensor") and the Membership Partner ("Partner"). The Licensor and Partner may be referred to individually as a "Party" and collectively as the "Parties."

1. Grant of License & Partner Status

1.1 Membership Partner Program Model

• The Funnel Academy grants the Partner a non-exclusive, non-transferable, and revocable license to promote and refer customers to The Funnel Academy Membership ("Membership").

• Partners are considered independent marketing partners operating under The Funnel Academy’s Membership Partner Program.

• This is NOT a resale agreement—the Partner does not own the Membership but earns commissions for successful referrals.

1.2 100% Commission on One-Time Membership Fee

• Partners receive 100% commission per sale of the initial one-time $697 membership fee.

• Partners process payments through their own sales funnels, and The Funnel Academy does not handle payment processing for the Partner’s referred customers.

1.3 50% Recurring Commission on Monthly Membership Fees

• Partners receive 50% recurring commission for every member they refer who continues paying the $10/month membership fee (or the agreed-upon grandfathered price).

• Membership commissions are paid by The Funnel Academy.

1.4 Membership Requirement for Participation

• Partners must maintain an active $10/month membership (or the agreed-upon grandfathered price) to access training, community support, and retain their ability to earn commissions.

• If a Partner fails to pay the monthly membership fee, they:

  • Lose access to The Funnel Academy Membership & Community.

  • Lose their ability to continue promoting and earning commissions.

  • Forfeit all commissions from the $10/month membership program.

2. Intellectual Property Rights

• The Funnel Academy retains all intellectual property rights to the Membership, including copyrights, trademarks, and training materials.

• Partners may not modify, adapt, or create derivative works from The Funnel Academy Membership content.

• Unauthorized distribution, sharing, or reproduction of Membership content will result in immediate termination from the program.

3. Compliance with Laws & Marketing Restrictions

3.1 Compliance with Applicable Laws

Partners must adhere to all applicable laws in their country, including but not limited to:

• United States Federal and State Laws

• UK Competition Act 1998 (United Kingdom)

• Sherman Antitrust Act (United States)

• Article 101 TFEU (EU Competition Law) (European Union)

• Competition Act (Canada)

• Competition and Consumer Act 2010 (Australia)

• General Data Protection Regulation (GDPR) for the EU

• California Consumer Privacy Act (CCPA) for the USA

3.2 Pricing Standard is NOT a Price Restriction

• Partners acknowledge that The Funnel Academy’s $697 minimum price is a brand standard, not a forced price.

• The one-time payment of $697 plus the $10/month membership fee must be received for approval into the SKOOL community and training.

• If a Partner sells below $697, their customer will not be approved access to the training and community, and they will be responsible for addressing the issue with their customer.

3.3 Marketing & Ethical Promotion

• Partners must not make misleading income claims or guarantee earnings.

• Partners must comply with FTC guidelines (USA), UK Consumer Protection laws, and GDPR regulations (EU).

• Partners may not use The Funnel Academy’s name, logo, or brand in deceptive or unethical ways.

4. GDPR & Data Privacy Compliance

4.1 Data Collection & Processing

• The Funnel Academy acts as the Data Controller, while Partners act as Data Processors when handling personal data.

• Partners must obtain explicit user consent before collecting, storing, or processing customer data.

• Partners must not share, sell, or misuse personal data.

4.2 User Data Rights (GDPR Compliance)

• Customers have the right to access, correct, delete, or export their personal data.

• Data requests must be processed within 30 days of receipt.

4.3 Data Retention Policy

• The Funnel Academy does not store or retain customer payment data.

• Partner tracking and commission records may be retained as required for tax and compliance purposes in accordance with applicable laws.

4.4 Data Breach Notification

• If a data breach occurs, affected customers and relevant authorities will be notified within 72 hours as per GDPR requirements.

5. Restrictions

• The Partner agrees to:

  • Not modify, adapt, or create derivative works from the Membership content without prior written consent from the Licensor.

  • Notify the Licensor immediately of any unauthorized use or distribution of the Membership content.

  • Refrain from using the Licensor’s name, trademarks, or other intellectual property in ways that imply endorsement not associated with the Membership.

  • Abide by ethical marketing practices, including compliance with FTC guidelines on disclosures.

  • Avoid selling the Membership on auction sites (e.g., eBay) or platforms like Etsy.

  • Avoid selling in Systeme.io Marketplace

6. Partner Termination & Violation Penalties

6.1 Failure to Maintain Pricing Compliance

• If a Partner sells below $697, their customer will not be approved access to the training and community, and they will be responsible for addressing the issue with their customer.

6.2 Failure to Maintain Active Membership

• If a Partner fails to pay their membership fee, they:

  • Immediately lose access to The Funnel Academy Membership & Community.

  • Lose the ability to promote the membership.

  • Forfeit all commissions from the $10/month membership program.

6.3 No Refunds or Compensation Upon Termination

• If a Partner loses their account due to violations, no refunds or compensation will be provided.

• Partners may reapply for a new account, subject to approval.

7. Governing Law & Dispute Resolution

7.1 Governing Law

• This Agreement shall be governed by and construed in accordance with the laws of Florida, USA, except where local jurisdiction requires otherwise.

7.2 Dispute Resolution

• Disputes shall first be resolved through mediation or arbitration before any legal action is taken.

8. Indemnification

• The Partner agrees to indemnify, defend, and hold harmless The Funnel Academy, 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 Partner’s sale or distribution of the Membership.

  • Breach of this Agreement by the Partner.

  • Any non-compliance with laws or regulations.

9. 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.

10. Acceptance of Terms

By joining the Membership Partner Program, the Partner acknowledges and agrees to all terms outlined in this Agreement.

Licensor:

Denise Castillo
The Funnel Academy
PO Box 412
Winter Park, FL 32790

info@thefunnelacademy.com