Acceptance of Terms and Conditions for Participation in the Proctor Gallagher Consultant Training Program
This Acceptance of Terms and Conditions (the “Agreement“) applies to your (“you” or “your”) participation in the Proctor Gallagher Consultant Training Program and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) offered by the Proctor Gallagher Institute, L.P. (“PGI” and collectively referred to with you as the “Parties” and singularly as a “Party”).
- Term of Agreement. The term of this Agreement shall be from the time PGI accepts of your enrollment in the Program (the “Effective Date“) until the completion of the Program or, alternatively, upon termination by either Party. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Unless otherwise agreed to by PGI or stated herein, termination will not release either Party from any obligations that arose prior to the date written notice of termination was given.
- PGI Consultant Certification Requirement. To attend the Program you must: (1) have completed the Thinking Into Results Certification Program and be current with all annual certification dues required by PGI; (2) be a sales team member of an individual that has completed the Thinking Into Results Certification Program that is current with all annual certification dues required by PGI; (3) be enrolled in the Thinking Into Results Certification Program and have paid your full tuition for the certification training; (4) be enrolled in the Thinking Into Results Certification Program and current with your payments under the six (6) month payment plan authorized by PGI; or (5) uncertified TIR consultants that are otherwise recognized by PGI to teach the Thinking Into Results materials and content.
- Program Participation Payments. You agree to pay PGI the total amount listed for participation in the Program (the “Program Tuition”). The Program Tuition is the amount you and PGI agreed upon for your participation in the Program. By enrolling in the Program, you agree to pay PGI the Program Tuition, and you further agree to be bound by the terms and conditions set forth in this Agreement. PGI may permit you to pay an initial deposit for participation in the Program or PGI, in its sole and absolute discretion, may agree to other payment arrangements for payment of the Program Tuition. You must pay PGI the full Program Tuition to be eligible to attend the Program. All delinquent, deactivated and/or on hold Program Tuition payment accounts maintained with PGI must be resolved in advance of the Program for you to be eligible to attend. If you fail to make any Program Tuition payment(s) to PGI on an agreed upon date, PGI may deem all sums due by you immediately payable to the company. Additionally, if you fail to make any payment(s) to PGI on an agreed upon date, PGI may suspend your ability to receive products and services related to the Program. Any such suspension, however, does not relieve you of your obligation to pay PGI the full Program Tuition.
- Program Materials. PGI may provide you with certain digital or other materials in connection with attending the Program. Unless otherwise agreed to by PGI, any digital or other materials associated with the Program will be added to your online account after you have completed the Program. If you have registered to attend a Program and subsequently canceled any digital or other materials provided by PGI associated with the Program will be added to your online account after you have completed the Program. You may not resell, redistribute, copy, duplicate or otherwise make available to any third party digital or other materials provided to you by PGI related to the Program or your attendance at the Program. Should you decide to cancel your participation in the Program prior to completion without written alternative accommodations approved by PGI, you are required to return directly to PGI all copies of any materials provided to you in connection with the Program and the Proctor Gallagher Consultant Thinking Into Results Certification Program (the “Certification Program”), which expressly includes all digital content capable of being returned (the “Required Returned Materials”). Should the Required Returned Materials be returned to the delivery warehouse or another PGI third party provider other than directly to PGI you shall be responsible for all handling, restocking or other fees imposed for the transaction. You are also required to cease accessing, using, selling, distributing, advertising and/or offering any materials related to the Program or the Certification Program to the public.
- TIR Ticket Benefit. If you have enrolled in the Certification Program before May 12, 2017, you will be entitled to attend and fulfill the Consultant Training Requirement at no cost within twelve (12) months after enrolling in the Certification Training (your “TIR Ticket Benefit”) . If you fail to redeem your TIR Ticket Benefit within (12) moths after enrolling in the Certification Training and you do not obtain an extension from PGI to complete the requirement, which includes the payment of all fees associated with such an extension, you may still fulfill the requirement by attending the consultant training at your own cost. You may use your TIR Ticket Benefit to attend a training session and cancel your attendance no less than thirty (30) days before the scheduled start of the training session without penalty, thereby allowing you to redeem your TIR Ticket Benefit at a subsequent training session. Should you cancel your attendance less than thirty (30) days before the scheduled start of the training session you forfeit the right to use your TIR Ticket Benefit and must complete the Consultant Training Requirement at your own cost. If you have enrolled in the Certification Training after May 12, 2017 you are responsible for all costs associated with participating in the Consultant Training and completing the Consultant Training Retirement, which expressly includes all non-PGI provided meals, lodging, transportation and other related expenses.
- Program Participation at Your Own Risk. PGI does not guarantee that you will achieve any specific personal, professional or financial results by your participation in the Program. PGI also does not guarantee you will earn any specific amount of income as a result of your participation in the Program. PGI makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of Program related information, products and services. PGI does not provide psychological, investment or financial advice.
- Mandatory Attendance Requirement. Due to its unique and interactive nature, in-person attendance at all sessions is mandatory to participate in the Program. If you cannot attend each session of the Program during its duration, PGI may, in its sole and absolute discretion, terminate your continued participation. You are prohibited from transferring to another scheduled Program. You also may not seek to make-up any session or sessions missed during the Program through attendance at a subsequently conducted Program.
- Attendance Accommodations And Expenses. You are solely responsible for any hotel accommodation, travel, transportation, parking and transfer expenses associated with attending the Program. You are also responsible for all meals not otherwise provided by PGI in connection with the Program.
- Refund Policy. The Program Tuition, or any part paid thereof, shall be nonrefundable thirty (30) calendar days before the start of the Program for which you have originally enrolled. Thereafter, the Program Tuition, or any part paid thereof, may be applied as a credit to the next Program being conducted by PGI. All cancellations seven (7) calendar days or less before the start of a Program shall result in you being assessed a $450.00 cancellation fee. PGI, in its sole and absolute discretion, may elect to issue refunds and/or Program credits to any enrollee where exceptional, unusual and/or extraordinary circumstances exist. All funds paid by you to PGI are deemed earned upon receipt.
- Ownership Rights and Proprietary Information. PGI and/or its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information related to the Program. You agree that all materials provided to you as part of the Program, which are confidential and proprietary in nature, will be held in confidence and not disclosed by you to anyone without PGI’s written consent.
- Intellectual Property. All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Program (the “PGI Intellectual Property“) are the property of PGI and/or its affiliated entities. You agree not to interfere or infringe upon the PGI Intellectual Property by, among other things, the following: (1) duplicating or creating works (including any derivative works) that are the same or substantially similar to the PGI Intellectual Property; (2) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the PGI Intellectual Property; (3) use, manufacture, import, or sale of any product or service that infringes upon the PGI Intellectual Property; and (4) any action that would pass off or create the appearance of an association with or endorsement by PGI. You may not advertise, promote, post or otherwise hold yourself out as having completed the Program if you have not done so.
- Consent to Use Likeness. By participating in the Program, you expressly grant PGI consent to capture, record, replicate, reproduce, publish and otherwise disseminate your name and likeliness, in video, audio, digital or other format, derived from your participation in the Program or in events associated with your participation in the Program for use by PGI in any and all promotional, educational or marketing material.
- Modification. PGI may modify or amend any of the terms and conditions contained in this Agreement at any time by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any such amendment/modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or a new version of this Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance to the new terms and conditions.
- Indemnification. You agree to indemnify, hold harmless and defend PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) relating to your participation in the Program or relating to your violation of this Agreement.
- Assignment. You may not assign this Agreement, or any obligations under this Agreement, without PGI’s prior written consent.
- Limitation of Liability. PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, loss of revenue, profits) related to your participation in the Program. Under no circumstances shall PGI’s liability, if any, exceed the Program Tuition.
- Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the State of Nevada, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action lawsuit against PGI, or any of its affiliated entities, that relates to your participation in the Program.
- Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the American Arbitration Association (the “AAA”) with the appointment of a single arbitrator. The AAA rules and procedures governing civil proceedings shall apply to the proceedings. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section or otherwise seek applicable injunctive or equitable relief. The arbitration shall be held in Las Vegas, Nevada. Both Parties hereby irrevocably consent to AAA arbitration in Las Vegas, Nevada, as well as the jurisdiction of the courts located in Clark County, Nevada for injunctive, equitable relief and enforcement purposes. Any arbitration award shall be final, binding and non-appealable. All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property.
- Legal Age. You represent that you are of legal age to enter into this Agreement.
- Relationship of Parties. Nothing in this Agreement or through your participation in the Program shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and PGI.
- Miscellaneous. This Agreement, together with any invoices provided by PGI, constitutes the entire understanding of the Parties with respect to your participation in the Program. This Agreement, together with any invoices provided by PGI, revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your participation in the Program.
Notification of claimed non-compliance with either the GDPR or the LGPD should be sent via email to the designated Data Protection Officer at [email protected] or via U.S. Mail addressed to Proctor Gallagher Institute – Data Protection Officer, 14354 N Frank Lloyd Wright Blvd, Suite 18 Scottsdale, AZ 85260.
AFFILIATE PARTICIPATION AGREEMENT
Proctor Gallagher Institute (the “Company”) is dedicated to providing outstanding products and services made available through proctorgallagherinstitute.com (the “Website”), as well as through its affiliated and related websites. In connection with these efforts, the Company provides certain individuals and others (an “Affiliate”) the opportunity to participate in offering membership products, services and content (the “Membership Services”) provided through the Website or otherwise to those with whom they have personal contacts or business relationships. The Company compensates Affiliates for their efforts as set forth more particularly below. In order to become an Affiliate, you must agree to the terms and conditions set forth in this Affiliate Participation Agreement (the “Agreement”). Upon acceptance, this Agreement shall become a binding and enforceable contract between you and the Company. As such, this Agreement shall define the rights, responsibilities and obligations between the parties with regard to the Affiliate relationship.
DISCLAIMER OF LIABILITY
The Company makes no representations whatsoever as to any expected profits, sales or responses to Affiliate solicitations of contacts while participating in or otherwise relating to activity conducted as an Affiliate. In no event shall the Company and/or its respective agents, affiliated entities, service providers, suppliers or subsidiaries be liable for any actual, special, indirect or consequential damages or any damages whatsoever, including attorneys fees and costs, relating in any way to this Agreement or regarding the services offer or otherwise provided to others under this Agreement. You expressly agree that the laws of the State of Nevada, without regard for any applicable conflict of laws principles, shall apply to any dispute concerning or otherwise relating to this Agreement. You further expressly agree and consent to the exercise of personal jurisdiction in the State of Nevada for any dispute concerning of otherwise relating to this Agreement. You additionally expressly agree to and consent to a court of competent jurisdiction located in Clark County, Nevada as providing the exclusive venue for any dispute concerning or otherwise relating to this Agreement.
The Company compensates Affiliates on a commission basis depending upon the amount stated on its Affiliate associated websites, such as that provided by Clickbank.
Affiliates earning commissions for select programs and/or services under applicable level, or “tier,” structures shall continue to earn under those disclosed to tiers or levels unless otherwise advised by the Company. Affiliates are eligible to earn commissions from the sale of Website memberships and/or other programs generated from designated affiliate links provided by the Company or its related partners. Affiliates are also eligible to earn commissions from the sale of digital programs and content that is purchased by Website members generated by them. Affiliates are not eligible to earn commissions from sales made by telephone. Affiliates shall only use affiliate links, swipe copies and other marketing content provided by the Company.
The Company will issue payment for qualifying Affiliate sales to the designated Affiliate via check at the conclusion of each calendar month following a thirty (30) day processing period after it has received all completed tax information, requested payment forms and after the Affiliate’s commission account has accumulated a minimum balance of $250.00 USD. Affiliate compensation is based on the following commission structure:
Tier 1 Affiliates: The Company will pay a 50% commission on all qualifying Site membership sales. The Company will also pay a 50% commission on all qualifying sales of digital programs and other content purchased by Affiliate generated Site members.
Tier 2 Affiliates: The Company, in its sole and absolute discretion, bestows Tier 2 Affiliate status on an invitation only basis. As with Tier 1 Affiliates, Tier 2 Affiliates earn a 50% commission on all qualifying Site membership sales. Tier 2 Affiliates additionally earn a 50% commission on all qualifying sales of digital programs and other content purchased by Affiliate generated Site members.
The Company also permits Tier 2 Affiliates to extend opportunities to become a Tier 1 Affiliate. Tier 2 Affiliates are eligible to earn a 10% commission on sales made by their contacts that elect to become a Tier 1 Affiliate.
TERMINATION OF AFFILIATE STATUS
In the event of termination, the Company shall pay the Affiliate commissioned compensation earned during the previous calendar month. The Company shall have no obligation to pay a terminated Affiliate commissioned compensation, regardless of the form or source, for otherwise qualifying sales occurring in any calendar month following termination.
THE COMPANY MAKES NO WARRANTIES TO YOU OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MEMBERSHIP SERVICES OR ANY OTHER PRODUCTS, SERVICES OR BENEFITS THAT IT MAY PROVIDE OR THAT ITS SUBCONTRACTORS, AFFILIATED ENTITIES, INDEPENDENT CONTRACTORS OR VENDORS MAY PROVIDE. THE COMPANY FURTHER DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SITE, THE MEMBERSHIP SERVICES OR ANY OTHER PRODUCTS, SERVICES OR BENEFITS THAT IT MAY PROVIDE OR THAT ITS SUBCONTRACTORS, AFFILIATED ENTITIES, INDEPENDENT CONTRACTORS OR VENDORS MAY PROVIDE. You further agree by entering into this Agreement that the Company shall not be liable for any damages suffered, whether indirect, special, incidental, exemplary, or consequential, including, that are related to the Site, the Membership Services or any other products, services or benefits provided by the Company, its subcontractors, affiliated entities, independent contractors or vendors regardless of cause or fault. You also agree by entering into this Agreement that the Company shall not be responsible for any lost profits, loss of data or other information.
AFFILIATE REPRESENTATIONS AND OBLIGATIONS
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Nevada. Any dispute regarding or relating to this Agreement shall be brought before a court of competent jurisdiction located in Clark County, Nevada. You expressly consent to the exercise of personal jurisdiction in the State of Nevada by executing this Agreement and by completing the registration process for establishing your Affiliate account.
ENTIRE AFFILIATE TERMS
You may not assign this Agreement without the Company’s express written consent. The Company, however, shall be permitted to assign this Agreement at any time, at its sole discretion and without prior notice to you. Any unauthorized assignment of rights by you shall be null and void. Any unauthorized assignment shall also not relieve you of any liability to the Company for breach of this Agreement.
CHANGE OF TERMS
The Company is expressly authorized to transmit any notices required by this Agreement by electronic means to the e-mail address maintained in connection with your Affiliate account. Any such notices shall be deemed effective on the day of transmission. Any notices required to be provided to the Company shall be provide through electronic mail and through a means that provides confirmation of receipt, which may include, but not be limited to, Federal Express, United Parcel Service, United States Postal Service Return Receipt Requested and United States Postal Service Certified Mail. Any notices provided to the Company shall be deemed effective on the day hardcopy, written notice is received by it.
The waiver of any provision of this Agreement shall not be deemed, nor shall it constitute, a waiver of any other provision, whether or not similar in language or scope. The waiver of any provision of this Agreement shall also not constitute a continuing waiver in any manner. A waiver of any provision of this Agreement shall only be binding if executed in writing by the party making the waiver or if otherwise effectuated by means authorized under this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and which together shall constitute one and the same instrument. Execution of this Agreement is also permitted by use of electronic means or signatures, which shall also be deemed an original. If an organization is the party seeking Affiliate status, the individual executing this Agreement on behalf of the entity represents and warrants he or she is duly authorized to enter into it on behalf of that organization. This Agreement is binding on the parties and on their respective successors, heirs and permitted assigns. This Agreement represents the full and final agreement between the parties regarding the subject matter set forth herein. This Agreement supersedes any and all prior agreements, either oral or written, between the parties and it contains all of the representations, covenants, and agreements between them.
CONSENT TO TERMS OF AGREEMENT THROUGH REGISTRATION
By registering with the Company to participate as an Affiliate, you acknowledge that you have fully read and understand this Agreement, that you are authorized to enter into it, and that you acknowledge and freely agree to be bound by all terms and conditions set forth herein.