Silver Membership Service Agreement
This Silver Membership Service Agreement ("AGREEMENT") is entered into by Alpha Corporate Sales ("COMPANY") and the person or entity executing this AGREEMENT ("YOU" or “APPLICANT”). This AGREEMENT governs YOUR use of the Silver Membership Sales Training Course (“COURSE” or "SERVICE").
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE PAYMENT AND REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT.
In consideration of the foregoing, the parties agree as follows:
"Silver Membership Course" refers to the SERVICE type provided by COMPANY to YOU. This type of sales training and business development /mentorship allows for a fixed monthly recurring membership fee to be billed automatically on the same day of each month to YOUR debit/credit card in exchange for over-the-phone or online sales training and/or coaching.
"Confidential Information" includes any proprietary data, methodology, and any other information disclosed by COMPANY to YOU verbally or in writing and marked "confidential" or mentioned as “proprietary” or "confidential." The entire COURSE contains Confidential Information not available to the general public.
2. Fees, Service and Refund.
APPLICANT agrees that by making a purchase of sales training Silver Membership COURSE, he/she is committing to an on-going sales training and mentorship program that requires his/her attention, energy, and active participation in studying, memorizing and using the proprietary selling materials and methodology (i.e. intellectual property) provided in the COURSE by COMPANY to see results in (future) sales situations. Therefore, APPLICANT understands and agrees that all transactions are final and no refund shall be available to APPLICANT if he/she decides to cancel SERVICE after three (3) business days from the date of the purchase. APPLICANT further understands and agrees that this is a month-to-month SERVICE with a recurring monthly fee (listed above) to be charged to APPLICANT’S debit/credit card until APPLICANT notifies COMPANY in writing of his/her intention to cancel COMPANY SERVICE. At COMPANY’S option, all payments, fees, or charges due from YOU shall be tendered in the manner requested in writing by COMPANY, whether electronically, cashier’s check, money order, or via another payment method.
APPLICANT agrees not to disclose to third parties any Confidential Information obtained from COMPANY regarding the COURSE and/or any information regarding proprietary processes used by COMPANY, as described in the COURSE, including but not limited to, sales strategies, application forms used in this transaction, any proprietary sales processes, or any other custom-prepared documents, sales-specific information, program criteria, selling methodology or know-how while receiving services from COMPANY and for a period of three (3) years thereafter. Therefore, YOU and COMPANY agree that in case of any such breach, as described in this clause, YOU shall be liable to pay COMPANY $250,000.00 (USD) as damages for each such occurrence. YOU and COMPANY agree that said restitution described in this paragraph reasonably reflects the parties’ attempt to establish and remedy the damages that shall be incurred by COMPANY in each such event.
APPLICANT shall indemnify, hold harmless and defend COMPANY and its wholly owned subsidiaries, at APPLICANT’S expense, from any and all third-party claims, actions, proceedings, and suits brought against COMPANY or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by COMPANY or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) APPLICANT’S breach of any term or condition of this AGREEMENT, (ii) APPLICANT’S use of the SERVICE.
5. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, COMPANY MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY AND/OR ITS STAFF, AGENTS, EMPLOYEES, AFFILIATES, INVESTORS, PARTNERS AND DIRECTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR THE LIKE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM LOSS OF ANY TYPE OF PROPERTY, PROFITS, ANY FORM OF ECONOMIC GAIN /LOSS, CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES PROVIDED TO APPLICANT BY COMPANY IN CONNECTION WITH THIS AGREEMENT. IN NO CASE SHALL THE LIABILITY OF COMPANY EXCEED $500 (USD).
7. Miscellaneous, Applicable Law and Venue.
COMPANY shall be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. Specifically, APPLICANT expressly relieves COMPANY, its staff, agents, employees, investors, partners and directors from liability for any failure to perform, hereunder, if such failure is due to causes beyond the control of such party, such as acts of God, governmental action, war, fires, floods, epidemic, power outage, equipment failure or the like. This AGREEMENT (including any amendment agreed upon by the parties in writing) represents the complete agreement between APPLICANT and COMPANY concerning its subject matter, and supersedes all prior agreements and representations between the parties. This AGREEMENT will be governed by and construed under the laws of the state of New York without reference to its conflict of law principles. The relationship between COMPANY and APPLICANT is not one of a legal partnership relationship, but is one of independent contractors.
8. Term and Termination.
Either party may terminate this Agreement at any time with notice. SERVICE is provided on a month-to-month basis. If APPLICANT cancels this AGREEMENT for any reason after three (3) business days of signing this AGREEMENT, he/she understands and agrees that he/she shall forfeit all payments made to COMPANY (i.e. no refund shall be available). To cancel this AGREEMENT, APPLICANT understands that he/she must submit a cancellation request in writing to COMPANY to the following e-mail address: firstname.lastname@example.org allowing 72 hours for his/her written cancellation request to be processed by COMPANY. APPLICANT understands that COMPANY’S on-demand sales training service (i.e. online video COURSE access) expires after 3 months from the date of last payment.
COMPANY RESERVES THE RIGHT TO CANCEL THIS AGREEMENT DUE TO APPLICANT’S NON-PAYMENT AND/OR BREACH OF ANY TERMS OF THIS AGREEMENT WITH A WRITTEN NOTICE.
I EXPRESSLY ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.