Affiliate Agreement & Terms of Service
Owners and Collectors of Information
Kuhn Solutions Group, LLC
team at bornleaders dot com
The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. All information on the Sites is copyrighted by Kuhn Solutions Group, LLC. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.
Events, Information, and Speaker Changes
The events, information, and speakers listed on our Sites are subject to change without notification.
We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
The information, services, products, claims, seminar topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and those that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
No Professional Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
When addressing financial matters in any of our Sites, videos, emails, newsletters, programs, live events, membership, or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life or grow your business. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes” on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no financial, medical, psychological, or legal matters advice.
The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
On our Sites we will occassionally discuss mature topics and language relating to personal and professional growth. Users who are uncomfortable with such topics or language should not use our Sites.
Confidentiality and Non-Compete
Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.
Owners and Collectors of Information
Kuhn Solutions Group, LLC
alex @ alexkuhn . co
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
When you submit information to us or visit any of our Sites, we use it in an ongoing nature to ensure you receive the information or purchases you’ve made with us, to deliver relevant future content via our email newsletters, to track how much you use our Sites or services, and to make future offers through our company or any other company that is involved in delivering your purchases, bonuses or content. By giving us your contact information at any time, you are granting us the right to contact you in the future in any manner necessary at our discretion for ongoing personal and professional development. You can unsubscribe from our email newsletters at any time by clicking the unsubscribe link found at the bottom of all of our emails.
Outside Sites (Their Privacy Policies May Be Different)
How and why we collect information
We collect your information in order to record and support your participation in the activities you select. If you register for a seminar, for example, the information is used to reserve your seat, to track your preferences, and to keep you informed about the seminar and related events. As a visitor to our Sites, you can engage in many activities without providing any personal information. If you visit our websites, we may use Facebook, Google or other tracking tools to understand your behavior on our websites and to deliver advertising to you in the future. To learn more about our "Cookies, Pixels, Data Storage & Data Usage" policy, please see below.
In connection with other activities, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission.
If you supply us with your contact information you may receive periodic e-mails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at team @ alex-kuhn dot com. You can also write us or call us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately.
When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us or our technology services provider by using “cookies” during your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.
Cookies, Pixels, Data Storage & Data Usage
We do not store any information about you on our servers other than that which you submit into one of our forms, and in any case we hold your sensitive information like your credit card information we use software that keeps it encrypted. Any other information stored happens via cookies or pixels as described above, and as facilitated via 3rd party tools (i.e Facebook, Google, etc). Here is an example of how we may use any information to better communicate with you:
- Provide and administer the Services, including to display customized content and facilitate communication with other users;
- Process your requests and orders for courses, products, specific services, information, or features;
- Communicate with you about your account by:
- Responding to your questions and concerns;
- Sending you administrative messages and information, including messages from instructors and teaching assistants, notifications about changes to our Service, and updates to our agreements;
- Sending you information and in-app messages about your progress in courses, rewards programs, new services, new features, promotions, newsletters, and other available courses (which you can opt out of at any time);
- Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the “options” or “settings” page of a mobile app);
- Manage your account preferences;
- Facilitate the Sites’ technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse;
- Solicit feedback from users;
- Market and administer quizzes, assessments, surveys and promotions
- Learn more about you by linking your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers;
- Identify unique users across devices;
- Tailor advertisements across devices;
- Improve our Sites and develop new products, services, and features;
- Analyze trends and traffic, track purchases, and track usage data;
- Advertise the Services on third-party websites and applications;
- As required or permitted by law; or
- As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services.
When you submit information to us, then, we use it in an ongoing nature to ensure you receive the information or purchases you’ve made with us, to deliver relevant future content via email, phone, text, postal or social media message, and to make future offers through our company or any other company that is involved in delivering your purchases.
Many of our company and any other company's product and services is in the form of coaching & training. To deliver that coaching, we share your information with systems so that our company, agent or other company can contact you to schedule that coaching & training you received as part of your purchase. At any time, you can contact us not to have your information shared with such service providers, but you may lose access to certain purchases if you do not allow the delivering third-party to contact you.
As most of our programs are for ongoing educational purposes in the field of personal and professional development, you should assume we will continue to contact you in perpetuity via email, phone, postal, text message, or social media in order to deliver our services, serve you related content, make recommendations, learn about your preferences, grant you products, deliver programs to you with or from other platforms or companies, advertise to you or look alike audiences, send you surveys, and other fulfillment or marketing purposes.
By using our site(s) and submitting any information with us, you agree to these terms without exception and agree to waive liability and not hold us liable for any use of your information, in perpetuity, under any circumstances, including waiving your right to participate or initiate any class action complaints.
Again, if you want us to no longer contact you, just write us at team @ alex-kuhn dot com anytime with your request and we will begin removing you from our services or content as appropriate and as soon as we can.
TERMS OF CONDITIONS, DISCLAIMERS AND CONDITIONS FOR ALL PROGRAMS
(Including All Training Programs with Alex Kuhn and/or Kuhn Solutions Group Agents)
This Acceptance of Terms and Conditions (the “Agreement“) and the applicable registration or order form (the “Registration Form“) for participation in the Programs and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) sets forth the terms of the relationship between Kuhn Solutions Group, LLC (“KSG“) and you as the purchaser or consumer (“you“) as it relates to the Program. You and KSG may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by participating in the Program.
1. Term of Agreement. The term of this Agreement shall begin upon KSG's acceptance of your enrollment in the Program (the “Effective Date“) and shall end upon completion of the Program for which PGI has accepted your enrollment or upon termination by either Party. Either you or PGI may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date of termination.
2. Program Participation Payments. In consideration of the products and services provided as part of the Program, you agree to pay KSG the applicable amount(s) agreed upon during the enrollment process (the “Program Payment”). PGI must receive full payment of the agreed upon Program Payment before any products, services or other benefits of the Program will be provided to you, including the sending of materials or starter kits, attendance at in-person events, and/or scheduling or holding coaching sessions. Failure to make any payment or otherwise deviate from any payment terms agreed to by the Parties during or after your enrollment to the Program will result in all Program products and services being suspended until payment is made. KSG, at its sole and absolute discretion, may allow you to pay the Program Payment in installments or periodic payments together with any interest or other service charges. Any deviation in payment terms may, at PGI’s sole and absolute discretion, result in an immediate acceleration of all sums due and owing by you for participation in the Program. Suspension of Program products and services, however, does not release you from the obligation to make all payments owed to PGI for participation in the Program or for other fees associated with your enrollment in the Program or the receipt of any products or services.
3. Program Description. During the course of the program, you will unlock the secrets of identifying and implementing multiple sources of income by learning techniques developed by Mark Alexander Kuhn. The program(s) will provide you with access to an exclusive membership website, in-person events featuring Mark Alexander Kuhn, live webinars and other materials. The program will cover such topics as culture, mindset, goal setting, marketing, online and offline sales, membership website development, product and service branding, fitness, health and influence.
4. Program Participation at Your Own Risk. You acknowledge and agree that you are not guaranteed to achieve any specific personal, professional or financial results or earn any specific amount of income by participating in the Program. KSG 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 such information, products and services. KSG does not provide psychological, investment or financial advice.
5. No Refunds. Unless otherwise provided below or in the Registration Form, the funds paid for Program participation, any component of the Program, services, materials and products are nonrefundable. All funds paid by you are deemed earned by KSG upon receipt.
6. Accommodation. You are responsible for paying for your own transportation, parking, accommodation and meals associated with any in-person training, coaching or other events associated with participating in the Program.
7. Ownership Rights and Proprietary Information. KSG and 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 made by KSG (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by KSG (or its affiliated entities) in connection with the Program or any Proprietary Information (as defined below). You agree that all materials provided by KSG as part of the Program, which are confidential and proprietary in nature, will constitute KSG’s “Proprietary Information.” You will hold in confidence and not disclose or copy any Proprietary Information, except with the prior written consent of KSG.
8. Intellectual Property. You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials (the “KSG Intellectual Property“) associated with the Program and their associated websites are proprietary to KSG and its affiliated entities. You will not take any action that would interfere with or infringe upon the PGI Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the KSG Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the KSG Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the KSG Intellectual Property; (iv) use of any KSG Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of KSG and (v) any action that would pass off or create the appearance of an association with or endorsement by KSG.
9. Consent to Use Likeness. By participating in the Program, you expressly grant KSG consent to capture, record, replicate, reproduce, publish and otherwise disseminate your name and likeliness in any and all promotional, educational or other means derived from the Program sessions or any portion of the Program.
10. Modification. KSG may modify or amend any of the terms and conditions contained in this Agreement, at any time and in PGI’s sole discretion, 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 modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in a Program following the posting of a change notice or a new version of the Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
11. Indemnification. You will indemnify, hold harmless and defend KSG (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) resulting from or arising out of your actions, your participation in the Program or your violation of this Agreement or applicable law.
12. Assignment. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without KSG’s prior written consent.
13. Limitation of Liability. KSG (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, losses of revenue, profits, use or data) arising in connection with this Agreement or your participation in the Program, even if KSG or its affiliated entities knew or should have known of the possibility of such damages. Further, KSG’s aggregate liability arising with respect to this Agreement and the applicable Program will not exceed the total amounts paid or payable by you under the Program.
14. 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 against KSG, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
15. 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), will be exclusively (except as provided below) resolved by binding arbitration before the American Arbitration Association (AAA). One arbitrator will be selected using AAA procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, within 30 calendar days after the conclusion of the arbitration hearing. The arbitrator will not award attorney’s fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Las Vegas, Nevada. Both Parties hereby give their irrevocable consent to the processes of the AAA in Pennsylvania, as well as the jurisdiction of the courts of Allegheny County, Pennsylvania for enforcement purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). 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, as a basis of judgment and of the issuance of execution for its collection.
16. Legal Age. By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
17. Relationship of Parties. You agree that by participating in the Program you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
18. Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. KSG’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of KSG’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement, along with the Registration Form for the Program, constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
TERMS OF CONDITIONS, DISCLAIMERS AND CONDITIONS
FOR ALL KUHN SOLUTIONS GROUP EVENTS
Please carefully read the following terms and conditions relating to your participation in any of Mark Alexander Kuhn’s events and seminars, which are conducted by Kuhn Solutions Group, LLC (“Promoter”). These terms and conditions are relevant to all Kuhn Solutions Group, LLC events, seminars, workshops, speaking engagements, and any other event Kuhn Solutions Group, LLC promotes and operates now and in the future, whether in-person or online. For the purposes of this site, and since registrants may register for only one event at a time, all events and seminars will be referred to from here forward in the singular tense as simply the “Seminar.”
By registering for the Seminar at any one of our locations (“Hotel”), you (the “Attendee”) signify your acceptance of and obligation to these terms and conditions. If you have objections to the following Terms and Conditions, you should not register for or attend any Kuhn Solutions Group, LLC event.
Promoter requires all Attendees to be respectful and professional to our staff, location hosts, speakers, and other attendees and their guests or families throughout the Seminar, even during non-scheduled downtime and breaks. Promoter reserves the right to ask Attendee and/or their guests to leave the conference room and Hotel immediately should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such case, the Attendee’s tuition/fees for the Seminar will not be reimbursed under any circumstances and they will not receive any future products, services or correspondence from Promoter. Attendee will also not receive any of our advertised bonuses or qualify for our satisfaction guarantee or any other written or implied guarantee.
While we take every possible measure to ensure Attendee safety at the Seminar, we can not control everything. For this reason, Attendee is legally responsible for their safety and behavior and agrees to, and is held legally liable to, the following statements:
I, the willing Attendee of the Seminar, hereby accept all risk to my health and of my injury or death that may result from participating in the Seminar and I hereby release Promoter, M. Alexander Kuhn, and their officers, employees, interns, contractors, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the Seminar, whether caused by negligence of the Promoter, its governing board, officers, employees, or representatives, or otherwise. I further agree to indemnify and hold harmless Promoter, M. Alexander Kuhn and any third-party company from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Seminar. Under no circumstances will Promoter or M. Alexander Kuhn or their assigns be held liability for my injury or death or any loss or damage of my personal belongings resulting from my participation in the Seminar. Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Seminar, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify Promoter verbally and in writing if I am at any time injured prior to, during, or after the Seminar in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that Promoter is not legally obligated to act on that information in any way or to providing any medical service whatsoever to me. I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in the Seminar that I will notify the Promoter and that the Promoter retains the right to ask that I not participate in portions of or the entirety of the Seminar.
Liability Disclaimer: No Professional Advice
The information contained in or made available by the Promoter, M. Alexander Kuhn, or any third-party through the Seminar or their websites or services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, financial, medical, psychological, or legal fields. Promoter does not offer any professional personal, medical, financial or legal advice and none of the information contained in the Seminar should be confused as such advice. Neither Promoter, M. Alexander Kuhn nor their assigns, sponsors, speakers, partners, contractors or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages to the Attendee or the Attendee’s business, including economic loss, that may result from participation in the Seminar or from the use of, or the inability to use, the materials, information, or strategies communicated through the Seminar or any products or services provided pursuant to the Seminar, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will Promoter or M. Alexander Kuhn be liable for any special or consequential damages that result from Attendee’s participation in the Seminar. To be clear: You, the Attendee, alone are responsible and accountable for your decisions, actions and results in life, and by your participation in our Seminar, you agree not to attempt to hold us, the Promoter or Alex Kuhn, liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this Seminar at any time, under any circumstance.
Confidentiality and Non-Compete
Attendee hereby understands that the tools, processes, strategies, materials and information presented in the Seminar are confidential, copyrighted, and proprietary to the Promoter and agrees not to record, duplicate, distribute, teach or train from the Seminar materials in any manner whatsoever without the express written permission of Promoter. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.
During our Seminar, we will discuss several adult topics relating to personal and professional growth. We will also occasionally use adult or profane language to emphasize a point or connect with or surprise the audience (though we will never be lewd, and we will always use tact and discretion in doing so). Participants who are uncomfortable with such topics or language should not attend the Seminar.
Audio/Visual Rules and Release
Attendees may not, under any circumstance, use any type of recording device to capture the information provided at the Seminar. No recording devices, photography or videography is allowed in the Seminar room.
By participating in the Seminar, Attendee understands that portions of the Seminar’s live events may be recorded in video and audio and/or captured in still and/or digital photographs by the Promoter. Attendee agrees that the Promoter and its assigns have the right and permission to use such recordings and photographs should they include Attendee’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Attendee. Attendee understands and agrees that all recordings from the Promoter’s events are the exclusive rights of the Promoter and Attendee does not ask for or expect compensation for the use of recordings or photographs in which Attendee appears or speaks. Promoter owns all rights of any audio, video, and/or photograph captured during the Promoter’s Seminar or at any of the Promoter’s other live events.
Once Attendee registers for the Seminar, we make extensive arrangements and investments while anticipating their tuition and attendance, and, in the case of their cancellation, we incur significant administration hassles, expenses, and loss of business. Given this fact, we do not accept cancellations or issue refunds beginning 3 days after Attendee has registered for the Seminar. If Attendees cancels within 3 days of registering they will receive a full refund, but any Attendee seeking to cancel their registration after 3 days will not, under any circumstances, receive a refund. Again, this is due to the extremely limited seating for an event of this nature and with this caliber of speakers. If you are unsure of whether or not you can attend the event, do not register. If for whatever reason you are unable to attend the event after you have registered and after 10 days have passed since registering, we will happily transfer your ticket to someone else or allow you to attend a future M. Alexander Kuhn and/or Kuhn Solutions Group event on the same topic at our sole discretion.
We’ve taken every effort to ensure we accurately represent our products & services and it’s potential to help you achieve success and/or grow your business. However, there is no guarantee that you will earn any money or achieve success using the techniques you learn or have implemented. Nothing on our websites and communications is a promise or guarantee of earnings. Your level of success in attaining similar results discussed is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation. Because these factors differ according to individuals, we cannot guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our sites or in our Seminar are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. As stipulated by FTC law, we make no guarantees that you will achieve any results from our ideas, products, or services, and we offer no professional, legal, psychological or financial advice.
As stated on our Site and in our marketing materials, we guarantee that Attendees will be 100% satisfied with the Seminar should they attend the entire event. Satisfaction is defined as the Attendees belief that we have delivered on what we have promised in promoting the Event based on our Event registration site(s). If Attendees are not satisfied at the conclusion of the event after having attended the entire event, and they notify us in the manner described herein, we will refund their tuition to the Event. Participants who are not satisfied with the Event must, at the immediate conclusion of the Event, verbally notify one of our staff members of their dissatisfaction. Unsatisfied Attendees must also turn in all of their course materials as well as their personal notes taken from the Event. In some cases an Unsatisfied Attendee may be asked to submit a letter explaining their reasons. Any reimbursements will be made within 30 days of the event. All reimbursements are at the sole discretion of the Promoter and all Promoter decisions are final and binding. Any statements of dissatisfaction or requests for refunds received after 24 hours of the event will not qualify for this guarantee. Any reimbursement provided will cover ONLY the cost of admission and will not include travel, lodging & meal expenses.
Note: A guarantee represents a promise about the quality of services delivered; if an attendee never experienced the services (i.e. attends the Seminar), the guarantee obviously does not apply. Further, the guarantee cannot be substituted or confused with the Cancellation Policy.
For correspondence, contact:
Kuhn Solutions Group, LLC
team @ alex-kuhn dot com
Review and Jurisdiction
AFFILIATE AGREEMENT & TERMS OF SERVICE
This Kuhn Solutions Group Affiliate Agreement (the "Agreement") is made and entered into by and between Kuhn Solutions Group LLC ("Kuhn Solutions Group"), and the party submitting an application to become a Kuhn Solutions Group affiliate, or having an accepted application ("Affiliate" or “you”).
The terms and conditions contained in this Agreement apply to your participation as an Affiliate in any affiliate program ("Affiliate Program") for which Affiliate is approved by Kuhn Solutions Group.
Each Affiliate Program offer (an "Offer") may be for any Affiliate Program offering by or through Kuhn Solutions Group, including but not limited to offerings described on a specific web site for a particular Offer ("Program Web Site"). Each Offer may have additional terms and conditions on the Program Web Site for that Affiliate Program. All such terms and conditions are incorporated as part of this Agreement, except to the extent they are the subject of a separate agreement required for participation as an Affiliate for that Program.
By submitting an application or participating as an Affiliate of Kuhn Solutions Group, you expressly consent to all the terms and conditions of this Agreement, and to the terms and conditions of any Affiliate Program in which you participate.
Application for the Kuhn Solutions Group affiliate program
You must submit an Affiliate Program application (“Application”) in order to be considered for selection as a Kuhn Solutions Group Affiliate. Only completed applications providing ALL requested information will be considered.
You must accurately complete the Application. You agree and understand that you must provide us with your true identity, physical address, phone number, and other contact information, as well as business and banking information as requested. You may not use any alias, pseudonym, persona, pen name, DBA, or other means to mask your identity or business details.
You understand that you must update your Application in the future if the information you have provided changes or is updated. Any false or incorrect information, or a failure to update the Application, is cause for rejection of your Application, or if later discovered, immediate termination of your Affiliate status without compensation.
After we review your Application, we will notify you in due course of your acceptance or rejection as an Affiliate. We may accept or reject your Application at our sole discretion for any reason.
By submitting an application to be considered as an Affiliate, you affirm and acknowledge that you have read this Agreement in its entirety, understand it, and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to be considered as an Affiliate.
Acceptance As An Affiliate
Upon acceptance, Affiliate will be notified by email. The email may contain one or more Affiliate credentials (including an affiliate username, affiliate ID number, login password, affiliate URL, or the like). The acceptance email and Affiliate credentials may not be shared with any person outside Affiliate’s organization.
Acceptance as a Kuhn Solutions Group Affiliate does not assure your eligibility for every Affiliate Program or Offer by Kuhn Solutions Group. You understand that Kuhn Solutions Group reserves the right at any time to limit some Affiliate Programs or Offers to certain affiliates at its sole discretion (based e.g. on need, prior results or performance, experience, market size, compatibility of the Program with the Affiliate, or other criteria of Kuhn Solutions Group’s choosing).
Kuhn Solutions Group will pay Affiliate for each Customer Acquired or Qualified Action (the "Commission") as defined below.
Earned commissions (“Commissions Due”) shall be paid to Affiliate monthly for commissions earned before the end of the prior month, provided:
- Affiliate has earned at least $100 (one hundred US dollars) in Commissions Due for the current period;
- Affiliate has made at least one sale since Acceptance;
- Kuhn Solutions Group has received any funds due and owing from the relevant Customer(s) for the current period; and,
- The refund period on the sales for which Commission apply has passed (varies from product to product).
Affiliate agrees that Kuhn Solutions Group shall only be liable for payment of commissions to the extent that Kuhn Solutions Group has received all funds due and owing from the relevant Customer(s) after the refund period has passed. You hereby release Kuhn Solutions Group from, and agree to hold Kuhn Solutions Group harmless for any claim for Commissions otherwise due Affiliate to the extent Kuhn Solutions Group has not received all such funds from the relevant Customer(s).
For purposes herein “Customer Acquired” means a sale of a product or service in accordance with this Agreement, and the specific terms and conditions of any Kuhn Solutions Group Affiliate Program or Offer.
For purposes herein “Customer” means the recipient of a sale of a product or service in accordance with this Agreement, and the specific terms and conditions of any Kuhn Solutions Group Affiliate Program or Offer.
For purposes herein "Qualified Action" means an action taken by individual, natural person (“human”) who fulfills the criteria set forth in an Kuhn Solutions Group Affiliate Program or Offer where such actions are the result of sales or marketing or advertising activity of the Affiliate in accordance with this Agreement, and the specific terms and conditions of the Program or Offer.
For the sake of clarity and in addition to any specific terms or conditions set forth in a specific Program or Offer, a Qualified Action occurs when the person (i) accesses a Program Web Site or other URL via a Link, where the Link is the ‘last link’ used by that individual to access the Program Web Site or URL; and (ii) completes all of the information required for such action within the time period set forth in the Program or Offer.
A Qualified Action herein does not include any action (i) using the affiliates own link to purchase the product for their personal use; (ii) utilizing a computer generated user, such as a robot, spider, computer script or other automated means; (iii) involving any artificial or fraudulent method to appear like an individual, natural person; (iv) using pre-populated fields; (v) that is not a bona fide expression of interest by an individual natural person or is solely intended to generate a commission (vi) is later determined by Kuhn Solutions Group to be fraudulent, incomplete, unqualified or a duplicate; or (vii) is obtained in violation of law, in violation of this Agreement, or in violation of any terms of conditions of the relevant Program or Offer. Kuhn Solutions Group reserves the right to change attribution of a Commission at the request of a Customer. Such change shall be done within 30 days of the sale.
Chargebacks, offsets, holdbacks and accounting
a) Right to Chargebacks
Affiliate understands and agrees the Kuhn Solutions Group has the right to charge back Affiliate’s account or otherwise adjust for any previously paid Commissions Due based on Customers and/or Qualified Actions that are later determined to have not met the requirements for Customers or Qualified Actions as set forth herein, or which were obtained contrary to the terms and conditions hereof (“Chargebacks”), or whose attribution was changed at a Customer's request.
b) Right to Offset
If Affiliate has any outstanding balance due to Kuhn Solutions Group under this Agreement or any other agreement between Affiliate and Kuhn Solutions Group, Affiliate expressly agrees that Kuhn Solutions Group shall have the right offset any Commissions Due payable to Affiliate by the amount owed Kuhn Solutions Group by Affiliate (“Offsets”) (whether or not related to Affiliate Program) at any time under this Agreement. Kuhn Solutions Group agrees to provide an accounting of any Offsets made based on this Section, including the source and amounts of such Offsets, in a statement provided to Affiliate hereunder.
c) Right to Hold Back
Affiliate understands and agrees that any earned commissions prospectively due Affiliates having less than $100 (one hundred US dollars) in earned commissions will held back (“Holdbacks”) until such time as the Commissions Due total at least $100. Affiliate also understands and agrees that Kuhn Solutions Group may hold a percentage of Commissions for a period of 90 days after sale to ensure ability to Offset (currently 10%).
d) Accounting and Disputes
Kuhn Solutions Group shall provide a periodic invoice (yearly, unless otherwise specifically stated) on behalf of Affiliate for all commissions earned under this Agreement and shall remit any Commissions Due to Affiliate in accordance with the provisions hereof, subject to any Chargebacks, Offsets, and/or Holdbacks. Determinations of Affiliate’s earned commissions, based on Customers or Qualified Actions shall be made by Kuhn Solutions Group in its sole discretion, based on available data including cookies, tracking data, affiliate links, or the like. If Affiliate agrees with the amounts set forth in an invoice or does not timely dispute the invoice, then Affiliate agrees that it irrevocably waives any claims for the period of time covered by that invoice.
In the event that Affiliate intends in good faith to dispute any portion of an invoice, Affiliate must submit that dispute to Kuhn Solutions Group in writing within thirty (30) days of the date on the invoice (“Dispute”). Each Dispute shall set forth its own accounting, and the basis for Affiliate’s accounting or for other disagreement with regard to the invoice, in sufficient detail for Kuhn Solutions Group to conduct a review. Affiliate shall include with each Dispute submitted any supporting evidence including Affiliate’s own tracking data with respect to Customers or Qualified Actions. If Kuhn Solutions Group’s and Affiliate's accounting vary by more than 10% and Kuhn Solutions Group reasonably determines that Affiliate has used generally accepted industry methods to track Customers or Qualified Actions, then Kuhn Solutions Group and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Kuhn Solutions Group's numbers shall govern.
Affiliate agrees that all information, data, and strategies in connection with the Kuhn Solutions Group Affiliate Program and any Offers in connection therewith are confidential, unless otherwise expressly provided in this Agreement or agreed in a writing signed by Kuhn Solutions Group. For purposes herein “Confidential Information” includes, but is not limited to all Kuhn Solutions Group business information, financial information, customer lists, vendor lists, pricing and sales information, customer or affiliate reviews, complaints, service or support issues, complaints, or as well as all information concerning Kuhn Solutions Group or any of our affiliates provided by or on behalf of any of them. “Confidential Information” does not include information that is generally known or available to the public in its entirety, or obtained through a third party who has independently discovered or developed such information and is under no duty not to disclose it.
Affiliate agrees to hold all Confidential Information strictly confidential and/or secret, and to use its best efforts not to directly or indirectly disclose or reveal the Confidential Information to any third party. In no case shall Affiliate’s efforts fall below industry accepted standards for confidentiality, or be less than a reasonable business person would use to protect Confidential Information of similar value and importance.
Affiliate agrees not to use the Confidential Information, directly or indirectly, for any purpose other than for participation in the Affiliate Program. Affiliate shall not, directly or indirectly, for the benefit of any person, use any information obtained in connection with the Kuhn Solutions Group Affiliate Program, including but not limited to Confidential Information, to create, develop, improve, or provide, any product or service that competes with the Affiliate Program.
Representation and warranties
Kuhn Solutions Group represents and warrants:
- that Kuhn Solutions Group shall not knowingly and intentionally violate any law, regulation, or rule applicable to Kuhn Solutions Group's business operations or Kuhn Solutions Group's proprietary products or services;
- that the products and/or services offered in connection with the Affiliate Program and any Offers are legal products and services in Kuhn Solutions Group jurisdiction; and
- that this Agreement is being entered with full intention to be bound by the mutual promises, terms, and conditions set forth herein.
- Affiliate represents and warrants:
- that Affiliate has read this Agreement and understands its covenants, obligations, duties, responsibilities, and rights hereunder and will comply therewith;
- that this Agreement constitutes Affiliate’s valid and binding agreement, and Affiliate fully intends to be bound by its terms; and that the person signing this Agreement has full legal capacity and authority to enter into this Agreement on behalf of Affiliate and to bind any business entity to its terms;
- that Affiliate’s Application has been truthfully completed and that all information provided therein is true to the best of Affiliate’s knowledge after a reasonable inquiry into the facts where needed;
- that Affiliate understands and will comply with the CAN-SPAM Act in connection with any email marketing;
- that Affiliate will comply with all applicable FTC rules and guidelines for its marketing or advertising efforts in connection with the Affiliate Program; that Affiliate will not use the Kuhn Solutions Group name or any of the trademarks or service marks (whether registered or unregistered) of Kuhn Solutions Group in any manner that is not expressly authorized hereunder, or which will disparage or portray the name or marks in a negative or false light, or imply ownership, or endorsement of Affiliate; and
- that Affiliate will not engage in any conduct that violates the terms of this Agreement, or that constitutes or attempts to fraudulently or deceptively increase the earning of Affiliate under any Program or Offer.
Affiliate tools: creatives
For each Affiliate Program, Kuhn Solutions Group will provide Affiliate with tools to assist Affiliate with success. Such tools may include graphic and textual links to a Program Web Site, copy, sample ads, model emails, and/or other creative materials (collectively, the "Creatives") which you may display on web sites owned or controlled by you, in emails and other messages sent by you and clearly identified as coming from you, and in online advertisements (collectively, "Media"). The Creatives are solely for use by Kuhn Solutions Group Affiliates in connection with an Affiliate Program and will establish a link from your Media to the Program Web Site. Affiliate may be required to modify the Creatives to include the Affiliate’s specific information such as affiliate id or tracking information.
Affiliate shall be solely responsible for any errors or omissions in modifying or customizing the Creatives to incorporate Affiliate-specific information. Affiliate also accepts sole responsibility for the development, operation, maintenance of, and distribution of all content on or linked to, Affiliate’s Media.
Use of the Creatives is subject to the Limited License provided herein.
Limited license and intellectual property
Subject to your acceptance as an Affiliate following review of your Application, Kuhn Solutions Group hereby grants you a nonexclusive and nontransferable right to use the Creatives and to access Program Web Site through the Creatives solely in accordance with the terms of this Agreement. Such rights do not include any right to sublicense and are fully revocable without notice at the discretion of Kuhn Solutions Group. The foregoing license is for the sole purpose of participant in the Kuhn Solutions Group Affiliate Program and assisting in increasing Affiliate sales through the connection between the Media and the Program Web Site.
You may not alter, modify, manipulate or create derivative works of the Creatives or any Kuhn Solutions Group graphics, creative, copy or other materials owned by, or licensed to, Kuhn Solutions Group in any way without express written permission. Use of the Creatives under this license is strictly limited to Affiliates in good standing with the Affiliate Program.
Nothing in this Agreement grants you any rights other than those expressly provided in this section to any of Kuhn Solutions Group's intellectual property including but not limited to trademarks, service marks, copyrights, patents or trade secrets.
Terms and Conditions for use of creatives
In using the Creatives, Affiliate shall ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program:
(i) are not illegal nor used in connection with any illegal material;
(ii) do not contain or link to any material which a reasonably prudent business person would consider harmful, threatening, defamatory, obscene, sexually explicit, harassing, or promoting violence:
(iii) do not contain or link to material that promotes discrimination (whether based religion, race, ethnicity, nationality, disability, age, gender, or sexual orientation);
(iv) do not promote illegal activities (such as gambling, or illegal drugs);
(v) do not contains materials that Kuhn Solutions Group has deemed objectionable, which are prohibited under the terms of any Kuhn Solutions Group Affiliate Program or Offer, or which Kuhn Solutions Group informs you that it considers objectionable (collectively, "Objectionable Content") and;
(vi) do not infringe the intellectual property or related rights of any third party including moral rights, and rights of attribution.
(vii) while deploying paid ads, do not bid on keywords including any of our trademarked brands or domain names, with the following exceptions:
1. The affiliate is bidding solely in a foreign language, NOT English.
2. The affiliate has first received written consent from Kuhn Solutions Group to bid.
Terms and conditions for affiliate advertising and marketing; miscellaneous advertising provisions
Affiliate shall not make any representations or other statements concerning Kuhn Solutions Group any Kuhn Solutions Group product or service, except as expressly authorized herein, or under a Program or Offer.
Affiliate acknowledges that Kuhn Solutions Group retains all rights in any Program Web Site or related material, including domain names. Affiliate’s Media may not copy or substantially or confusingly resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed to any extent by Kuhn Solutions Group or constitutes an official part or extension of the Program Web Site, without prior written permission from Kuhn Solutions Group. Affiliate should consider Kuhn Solutions Group and its trademarks and service marks when securing domain names. Affiliates should obtain permission in writing if there is any question as to whether a particular domain name may infringe Kuhn Solutions Group’s rights, or may be construed as an implied endorsement. Do not jeopardize your status as an affiliate!
Affiliates shall also prominently post and make available to end-users any terms and conditions consistent with those in the Offer as set forth by Kuhn Solutions Group, or as required by applicable laws regarding such Offers.
Affiliate shall not place ads related to any Kuhn Solutions Group products or services on any online auction platform (i.e. eBay, Amazon, etc). Creatives may not appear to be associated with or be positioned in/on chat rooms or bulletin boards unless otherwise agreed by Kuhn Solutions Group in writing.
Affiliate at all times has sole responsibility for the development, operation, maintenance of, and distribution of all content on or linked to, your Media.
Affiliate must comply with all (i) obligations, requirements, and restrictions under this Agreement and (ii) applicable laws, regulations, and rules controlling your business, your Media or your use of the Creatives, and (iii) the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, video services, social networking services and advertising networks.
Pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window.
If Affiliate uses any client-side ad serving software in connection with the Kuhn Solutions Group Affiliate Program, such software shall only have been installed on an end-user's computer if, prior to the installation, the function of the software is clearly disclosed to end-users, the installation is pursuant to an affirmatively accepted and plain-English end user license agreement (“EULA”), and the software be easily removed according to generally accepted methods without out any functionality or code remaining.
Term and termination
This Agreement shall commence on the date Kuhn Solutions Group notifies you of its approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein.
Your termination is effective upon notifying Kuhn Solutions Group in writing. You should remove all Creatives from your Media, and delete all copies of the Creatives. Your license to use the Creatives and other rights terminates upon termination of this agreement.
Kuhn Solutions Group may terminate this Agreement in full (“Termination”), or in part (i.e. solely with respect to your participation as an Affiliate in one or more Programs or Offers) (“Termination-in-Part”) at any time and for any reason which we deem appropriate with or without prior notice to you by disabling any Affiliate-specific aspects of the Creatives, Affiliate-specific tracking devices, links, cookies, pixels, or the like, blocking your Affiliate access to a Program Web Site or Creatives for such Program, or by providing you with written notice. For the sake of clarity, Kuhn Solutions Group’s Termination of this Agreement ends your Affiliate status for all Programs and Offers. Termination-in-Part and/or refusal to include you as an affiliate for any specific Programs or Offers does not automatically terminate this Agreement with respect to other Programs or Offers. Termination-in-Part of your status as an Affiliate for one or more Programs or Offers will only impact your rights with respect to the Program(s) and/or Offer(s) you are not eligible to be an Affiliate for.
Upon Termination of your Affiliate status for any reason, you will immediately cease all use of Creatives, and all Kuhn Solutions Group intellectual property, and will delete all copies of any Creatives and any materials which embody Confidential Information without retaining a copy. You must cease representing yourself as a Kuhn Solutions Group Affiliate for such one or more Offers. Upon Termination-in-Part, the foregoing provisions apply only with respect to the Programs or Offers for which your Affiliate status has been terminated.
Affiliate’s rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive Termination or Termination-in-Part.
Remedies for material breaches
In addition to any other rights and remedies available under this Agreement Kuhn Solutions Group reserves the right to disregard any actions obtained through Affiliate’s efforts and to deny, withhold, and/or freeze any unpaid Commissions Due, and/or charge back any and all amounts paid to your account if (i) Kuhn Solutions Group determines that you have violated this Agreement in manner that constitutes a material breach including by unfairly gaining an advantage over other affiliates, or by misleading or confusing or potentially misleading or confusing any customer or potential customer with respect to any Program or Offer; (ii) Kuhn Solutions Group receives any complaints about your participation in the Affiliate Program which Kuhn Solutions Group reasonably believes to violate this Agreement in a way that constitutes a material breach or which unfairly provided an advantage to you, or resulted in payments hereunder that are contrary to the terms and conditions herein, or that are specific to any Program or Offer; or (iii) any payments made to you hereunder are later determined to have been the result of advertising or actions that did not meet the requirements set forth in this Agreement or on the Affiliate Program or Offer.
Such withholding or freezing of Commissions Due, or charge backs for payments made, may be without regard as to whether or not such Commissions were earned directly or indirectly as a result of such breach. In the event of a material breach of this Agreement, Kuhn Solutions Group reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities it deems useful, or any third party that has been or claims to have been damaged by your actions.
Affiliate must strictly comply with the federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Affiliate Program must include a compliant and functioning opt-out link. Kuhn Solutions Group reserves to right to pre-approve all email communications with respect to the Programs or Offers. Affiliate may at any time request pre-approval of a mailing piece. From time to time, Kuhn Solutions Group may request, and you agree to promptly provide a copy of the final version of any email(s) before sending same to a third parties. Upon receipt, Kuhn Solutions Group will in a reasonable time review the email(s) and notify you of its approval or rejection. Upon receiving written approval of your email from Kuhn Solutions Group the email may be transmitted to third parties.
You understand and agree not to rely upon Kuhn Solutions Group's approval of your email for compliance with the CAN SPAM Act, or assert any claim that you are in compliance with the Act based upon Kuhn Solutions Group's approval of your email. It is and remain solely your obligation to ensure that each email you send as an Affiliate complies with the requirements of the Act.
Fraud, fraudulent, misleading, or confusing practices
Affiliates are expressly prohibited from using any persons, means, devices or arrangements to commit actual fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Creatives or the generation of earned commissions, or overstep or exceed your rights in any way as an Affiliate. Also prohibited are fraudulent practices, misleading tactics, or tactics intended to or causing confusion. The forgoing prohibitions include, but are not limited to, using automation to distort results or appearances including clicks (e.g., automated means to increase the number of clicks, or completion of any required information) with or without the use of the Creatives, using spyware, malware, using steal-ware, cookie-stuffing, and other deceptive acts, and any form of click-fraud. Kuhn Solutions Group shall make all determinations about fraud, fraudulent activity, and misleading or confusing practices and tactics in its sole discretion and such decision shall be final.
Affiliate hereby agrees to indemnify, defend and hold harmless Kuhn Solutions Group and its subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) arising from, based on, or in connection with (i) breach of this Agreement by Affiliate, including breach of any representation, warranty, covenant, restriction or obligation made by Affiliate herein; (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Creatives, Programs, Offers, or Kuhn Solutions Group’s intellectual property; (iii) any claim related to Affiliate’s Media, including but not limited to, the content contained on such Media (except for the Creatives); and (iv) any misuse or breach of the covenants of Section 5 herein, resulting directly or indirectly through an act or omission by Affiliate with respect to the Confidential Information.
Kuhn Solutions Group hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based solely on a claim that Kuhn Solutions Group is not authorized to provide you with the Creatives, or that your use of the Creatives violates a third party’s rights.
Any modification to this Agreement is required to be in a writing signed by the parties except as expressly provided herein.
Kuhn Solutions Group shall have the right to modify the terms and conditions of this Agreement at any time by providing Affiliate with notification of the proposed changes by email at Affiliate’s email address, provided such changes do not alter Kuhn Solutions Group’s obligation to Affiliate with respect to any past financial obligation including but not limited to calculation of or payment of Commissions Due. Any such changes will become effective ten (10) business days after such notice.
If the proposed modifications are unacceptable to you, you may terminate this Agreement without penalty within the ten (10) business day period after a change notice has been sent. Continued participation in the Affiliate Program thereafter will constitute your acceptance of such change.
Kuhn Solutions Group may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from Kuhn Solutions Group to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
The affiliate program and creatives, and the products and services provided in connection therewith, are provided to affiliate "as is".
Except as expressly set forth herein, Kuhn Solutions Group expressly disclaims, to the maximum extent allowed by law, all warranties, express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing, usage, or trade.
Kuhn Solutions Group does not warrant that the affiliate program or creatives will meet affiliate's specific requirements or that the operation of the affiliate program or creatives will be completely error-free or uninterrupted.
Kuhn Solutions Group expressly disclaims any liability for any act or omission of any third party provider not under the control of Kuhn Solutions Group, and their products or services.
Affiliate understands and agrees that Kuhn Solutions Group does not guarantee that affiliate will earn any specific amount of commissions and attests that no representations or claims with respect to earning have been made.
Limitation of liability; force majeure
In no event will Kuhn Solutions Group be liable under any theory of law for any indirect, incidental, consequential, special or exemplary damages, including but not limited to, loss of profits or loss of business opportunity, even if such damages are foreseeable, and whether or not Kuhn Solutions Group has been advised of the possibility thereof.
In no event shall Kuhn Solutions Group be liable for any force majeure including but not limited to any unexpected delays or unavailability or inoperability of the creatives including affiliate specific links or other tracking means, program web sites, technical malfunction, computer error, corruption or loss of information, or other injury, or damage of any kind whether due to weather, power outages, labor disputes, internet service disruptions of any type, equipment failure, business failure or bankruptcy or the like of a service provider or vendor, civil unrest, terrorism or acts of war, acts of god, or other disruptions of any kind beyond the reasonable control of Kuhn Solutions Group or which renders Kuhn Solutions Group provision of services or completion of any other obligation hereunder commercially impractical.
It is expressly understood and agreed that Kuhn Solutions Group's cumulative liability to affiliate, from all causes of action under any theories of liability, is limited to and will not exceed the amounts paid to affiliate by Kuhn Solutions Group in commissions during the six (6) months immediately prior to such claim.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating as an Affiliate with Kuhn Solutions Group and for each Program or Offer. You affirmatively state that you have not and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
Governing law & miscellaneous
This Agreement contains the entire agreement between Kuhn Solutions Group and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral.
Affiliate shall be responsible for the payment of all attorneys’ fees and expenses incurred by Kuhn Solutions Group to enforce the terms of this Agreement.
Affiliate may not assign all or any part of this Agreement without Kuhn Solutions Group's prior written consent. Kuhn Solutions Group may assign it rights and/or obligation under this Agreement at any time without notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto.
The provisions of Sections 1, 5, 8, 11, 15, 17, and 18, and any accrued payment obligations under Section 3, and subject to the provisions of Sections 4 shall survive the termination of this Agreement.
Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties.
If any provision of this Agreement is held to be void, invalid, or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.
Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties.
No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights.
This Agreement shall be governed by the laws of Pennsylvania without consideration of any conflict of laws provisions. Affiliate hereby consents to personal jurisdiction in court of the State of Pennsylvania, which shall be the sole jurisdiction for resolving any disputes hereunder notwithstanding any claims regarding lack of personal jurisdiction or inconvenience of the forum, which are hereby waived.
Except to the extent prohibited by law, you agree that all disputes between You and Kuhn Solutions Group regarding this EULA shall be resolved solely by confidential binding arbitration conducted in accordance with the American Arbitration Association’s (or comparable independent arbitration organization) commercial arbitration rules. All arbitration shall be held in Pennsylvania, USA, unless otherwise agreed in a signed writing. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case costs and attorney’s fees may be awarded to the prevailing party. All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties (including other affiliates), except as agreed upon in a writing signed by Kuhn Solutions Group.
Notwithstanding the foregoing paragraph, disputes over the indemnification clause of Section 15, and any violations of paragraph 5 hereof may be adjudicated in a court in Pennsylvania.