"How To Make Money Using eBay" (HTeB); "The
Ultimate Think and Grow Rich Wealth Building System" (UTRS); "Money On Demand" (MOD)
You have made a wise decision to consider purchasing a Reprint
License to our "How To Make Money Using eBay" (HTeB); "The Ultimate Think and Grow Rich Wealth Building System" (UTRS); "Money
On Demand" (MOD) (“Product”).
This agreement describes the entire terms and conditions
for the purchase of the “Reprint License” in our Product.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING YOUR
LICENSE. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU
HAVE READ THIS AGREEMENT AND ACCEPT IT'S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, AND YOU
WILL NOT BE CHARGED.
“You” means the person or company who is being
licensed (licensee) to reprint, reproduce, market and sell the "How To Make Money Using eBay" (HTeB); "The Ultimate Think
and Grow Rich Wealth Building System" (UTRS); "Money On Demand" (MOD). “We,” “us” and “our”
(licensor) means Parthenon Marketing Inc.
We hereby grant you a nonexclusive, non-transferable, limited,
lifetime royalty-free license to the reprint rights only; to reproduce market and sell our "How To Make Money Using eBay"
(HTeB); "The Ultimate Think and Grow Rich Wealth Building System" (UTRS); "Money On Demand" (MOD), subject to the following
terms and conditions.
Definition of Terms
Royalty-Free: You keep 100% of the profits
from any and all sales you make of the product.
Reprint Rights: This license includes
the right to sell the Product in digital form, subject to the terms and conditions set forth in this agreement. You shall
not sell the rights to resell the Product in any form whatsoever, but you may sell digital copies of the Product based on
your possession of a master copy of the product.
Suggested Retail Price: Suggested Retail Price is
the price or price range at which we suggest to licensees to sell the product to the public and is consistent with acceptable
practices under the Sherman Anti Trust Act as defined and interpreted by the Colgate Case and subsequent Court Holdings following
the Colgate Case. The Suggested Retail selling price of this Product is HTeB: $297; UTRS: $397; MOD: $297.
This license is limited in the following respects and your
violation of any of the terms of this provision will be a breach of this agreement and will immediately terminate your license:
You shall not reproduce, sell or distribute the
Product as a physical product.
You shall not package this Product with other products or offer this Product in conjunction
with the sale of other products for a single inclusive price.
The Product shall be sold as a stand-alone product.
However, you are permitted to add additional bonuses as an incentive to sell the Product, if you so desire.
keep it intact as delivered to you: a e-manual and audios (as applicable).
You shall not break up the Product into
You shall not sell the product on Ebay or any other auction site.
You shall not make this Product,
or any part thereof, a bonus for the purchase of any product, membership or service of any kind whatsoever or make it available
to members of any site without charge.
You cannot claim yourself as the author or the copyright holder of any part
or the whole of this Product.
You shall not imply or infer in any way whatsoever that you are our partner or employee
on any sales material and advertising or in any correspondence with prospective or present customers.
You shall not
give away this Product or any part thereof for any reason whatsoever. This includes the distribution of “demo”
In cases in which you receive a sales leter, you may not add to the sales letter or change it in any other
way. If you do not receive a sales letter, you can, of course, write your own. YOU agree to indemnify Parthenon Marketing
Inc and all associated parties for the claims of your copy. You do NOT receive any rights in any way to any other product,
sales letter or graphic other than this product.
You may not associate our product with any illegal activities in
the U.S. or any other country.
You may not associate our product in any way with adult sites
We hold the exclusive copyright to the Product and Reprint
Rights Package which includes but is not limited to "How To Make Money Using eBay" (HTeB): ebook; "The Ultimate Think and
Grow Rich Wealth Building System" (UTRS): emanual plus audios; "Money On Demand" (MOD): emanual plus audios and all trademarks
related there to. You are granted a lifetime revocable, royalty-free license to use the name and all materials. All rights
granted hereunder may at our sole discretion be terminated if you breach any of the terms and conditions of this agreement.
You are solely responsible for ensuring that your reviews, advertising and descriptions comply with all applicable copyright
and other laws and shall hold us harmless for any violations thereof.
Company reserves the right to establish and does establish
a suggested retail selling price for the Product. The Suggested Retail selling price of this Product is HTeB: $297; UTRS:
$397; MOD: $297.
Right to Revoke the License of a Licensee
You are free to sell the Product at any price you decide.
We reserve the unilateral right to revoke the license of any licensee, if that licensee is found to be selling our Product
at a price below the Suggested Retail, selling price of HTeB: $297; UTRS: $397; MOD: $297. If we elect to terminate your license,
you will not be entitled to reimbursement of any fees you paid to us for the license or any money you expended for promoting
and/or advertising our Product.
The purpose of this section is to disclose to you our rights
under the Sherman Anti Trust Laws with regard to Setting Suggested Retail Prices and terminating licensees who do not honor
The Sherman Anti Trust Law says:
An agreement between manufacturer and dealer or retailer
on minimum resale price levels is per se illegal. However, under the Colgate Doctrine, established by the Supreme Court in
1919, a manufacturer may lawfully suggest prices and stop dealing with those who discount those prices, as long as it does
This section should not be interpreted as an agreement between
you and us to set the price of our Product, but is inserted here to provide you with full disclosure of our rights so that
your decision to purchase a license is made in light of our full disclosure.
Not only do the Copyright Laws protect our Product but we
also believe that our product is unique and valuable to our consumers. As a result we feel that discounting this Product would
serve to cheapen the our image in the eyes of the public; would cause damage to our brand name and therefore undermine the
present and future products' attractiveness to potential customers as well as their value to those already owning them.
We make no warranties or representations with regard to your
ability to sell this product, except as expressly set forth herein. This agreement supersedes any and all communications we
have made to you of any kind whatsoever including statements on our sales page, email communications or otherwise. You acknowledge
that you have reviewed this Agreement and agree to all its terms and conditions. You understand that we may at any time operate
Web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of purchasing
the rights in this Product and you are not relying on any representation, guarantee or statement other than as set forth in
this Agreement. You understand that results may vary, as with any business opportunity. Success in ANY business opportunity
is a result of hard work, time and a variety of other factors. No express or implied guarantees of income are made as a result
of purchasing the rights in the Product.
Limitation of Liability
In no event shall we be liable for special, incidental, consequential
or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of
goodwill arising out of or in connection with this Agreement or the Product, whether or not we have been advised of the possibility
of such damages. In addition, our aggregate liability arising under or with respect to this Agreement and the Product shall
in no event exceed the total license fee paid by you under this Agreement. The license fee for this product is FREE with WIS-UK
'05 registration, which shall be the maximum extent of our liability to you for any reason whatsoever.
Relationship of the Parties
You acknowledge and agree that you shall, from a legal perspective,
act as and shall be an independent contractor and not an employee or agent of Parthenon Marketing Inc or any company owned
or associated Parthenon Marketing Inc. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise
between you and us in the legal sense of these terms. You shall not sign any document in the name of or on behalf of Parthenon
Marketing Incor any company owned or associated with Parthenon Marketing Inc, nor shall you hold yourself out as being an
agent of Parthenon Marketing Incor any company owned or associated with Parthenon Marketing Incor as having apparent
authority to contract for or bind Parthenon Marketing Incor any company owned or associated with Parthenon Marketing
Licensee Sites and Promotion Methods
You shall be solely responsible for all materials that appear
on your site. You shall strictly adhere to all applicable laws and regulations in conducting your business and more specifically
in marketing and advertising the Product. Without restricting the generality of the foregoing, you shall not send unsolicited
e-mail and shall not send e-mail or any other communication to a recipient if the recipient has requested that it discontinue
such communication, nor shall you send or display on your Web site any material that may be considered to be harassing, libelous,
defamatory, legally obscene or pornographic, threatening, abusive or hateful.
We shall have the right to monitor your Web site at any time
and from time to time to determine if it is in compliance with the terms and conditions of this Agreement.
You agree not to use any predatory advertising methods designed
to generate traffic from sites that you have not had contract with in the online promotion of the Product. Predatory advertising
is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented
to generate traffic from a web site without that web site owner's, knowledge, permission, and participation. Examples include,
but are not limited to, keyword parsing, browser plugins such as TopText and Surf+, banner replacement technology such as
Gator, browser spawning technology that is not web site dependent. Participation in predatory advertising programs will be
cause for the immediate revocation of your license.
You shall acknowledge and clearly identify and respect that
all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Product are, and
shall continue to be, the exclusive property of Parthenon Marketing Inc. In the event you learn of any claim or
allegation that the Product infringes upon or violates any intellectual property or proprietary rights of a third party, or
contains any unlawful, libelous, or untrue statement, you shall immediately notify us so as to enable us to defend, settle
or otherwise resolve the claim or allegation in a manner that we deem appropriate in our sole discretion.
You shall not make or give to a customer or a potential customer
any warranty, representation or other statement concerning the Product other than the warranties, representation and statements
contained in the original Product.
This license agreement shall be governed by, construed and
enforced in accordance with the laws of the State of Tennessee, as it is applied to agreements entered into and to be performed
entirely within that jurisdiction.
To the extent you have in any manner violated or threatened
to violate our intellectual property rights, we and/or our agents may seek injunctive or other appropriate relief in any State
or Federal Court in Nashville Tennessee USA and you consent to exclusive jurisdiction and venue in such courts.
In the event that we decide to terminate and revoke your
license, if you are found to be selling our Product at a price below the Suggested Retail selling price of HTeB: $297; UTRS:
$397; MOD: $297or if we revoke your license as a result of any breach of this agreement, we will exercise our rights under
the Digital Millennium Copyright Act (DMCA) by serving a “Take Down Letter” on your Internet Service Provider.
In addition, we and/or our agents may seek injunctive or other appropriate relief in any State or Federal Court in Nashville
Tennessee USA and you consent to exclusive jurisdiction and venue in such courts. In addition, you agree to waive any and
all rights you may have under the DMCA rules and regulations as it applies to the “Take Down Procedure” found
in section 512 of that act.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement other than those
mentioned above, you and we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Nashville
Tennessee USA. Any costs and fees other than travel expenses and attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, you and we agree to submit the dispute to binding arbitration in Nashville Tennessee USA, under
the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any
court with jurisdiction to do so.
Any reference in this Agreement to gender includes all genders
and words importing the singular number only shall include the plural and vice versa.
The insertion of headings and the division of this Agreement
into Articles and Sections are for convenience reference only and are not to affect its interpretation.
It is agreed that each of us shall execute and deliver such
additional agreements and documents and do such acts and things as may be reasonably necessary fully and effectually to carry
out the intent and purpose of this Agreement.
If any provision of this Agreement is held to be invalid
or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the
parties is effectuated, and the remainder of this agreement shall have full force and effect.
Any notice required under this Agreement may be given by
email, fax or written letter to the number or address you provide
Time shall be of essence of this Agreement
Parthenon Marketing Inc
Nashville TN 37215 USA
615-662-3169 / fax: 615-662-3108