PRIVACY POLICY
BLAIRLEE, LLC
ADDITIONAL CONTRAT TERMS
The following terms (the “
Additional Terms
”) are hereby incorporated by this
reference into any agreement between Blairlee LLC, d/b/a DannyRondberg.com (the
“
Company
”) and you (the “
Primary Agreement
”) if so noted in the Primary
Agreement.
1.
Integration with the Primary Agreement
. You and the Company agree
that these Additional Terms are to be read consistently with the terms of the
Primary Agreement whenever possible, but that if a conflict exists between these
Additional Terms and the Primary Agreement, the terms of the Primary Agreement
shall control. References to the “Agreement” in either the Primary Agreement or
these Additional Terms shall refer to both the Primary Agreement as supplemented
by these Additional Terms.
2.
Additional Fee Payment Provisions
. If payment under this Agreement
is not provided within five (5) days of the due date, (a) interest on the unpaid
amounts will accrue interest at eighteen percent (18%) per year until paid in full, or
the highest rate permitted by law whichever is lower, and (b) your rights hereunder
will be suspended until full payment is made. Coach’s standard rates for services
are available upon request. Those rates may change from time to time and are not
necessarily the lowest rate charged to others. You also acknowledge that the
Company may receive compensation for referrals of potential clients or of you to
other professionals, whether or not affiliated with the Company, and that you shall
have no interest in any portion of that compensation, nor shall those payments
reduce amounts owed by you pursuant to this Agreement.
3.
Operation of the Marketing Program and Related Activities
. Due to the
myriad regulatory requirements governing your and the Company’s activities, you
agree to operate the Marketing Program in full compliance with applicable legal
requirements as well as those governing your profession. You further agree to
include terms and conditions in your Marketing Program and any agreement with
your customers substantially similar to those contained on
Appendix A
to these
Additional Terms, which is incorporated into the Agreement by this reference, in
addition to any other disclosures required by law or your profession’s regulatory
authority.
4.
Information on Referrals
. You agree to advise the Company on a
monthly basis and as requested by the Company as to the number of appointments
you have received from the Marketing Program. You shall also provide to the
Company information on the potential clients generated from the Marketing
Program who have been referred by you or your affiliates to mortgage brokers,
insurance agents or real estate professionals and to which professionals they were
referred.
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5.
Additional Provisions Regarding Warranty Claims
. To receive the
extended services pursuant to the limited warranty, you must advise Coach in
writing of the number of appointment requests and sales actually achieved during
and resulting from the Marketing Program within five days following the end of the
initial 90-day term. You agree to provide Coach with full access to your books and
records, including your computer mail system, to ascertain whether the
performance thresholds hereunder have been achieved. If it is determined that
either of those performance levels had been achieved, you will be responsible for
full payment for the extended services and for Coach’s costs incurred in
undertaking that investigation and in resolution of the warranty claim.
6.
Acknowledgements
. You approve the disclaimers included in
Appendix
A
and agree that those provisions are incorporated into this Agreement by this
reference, with references to the Company meaning Blairlee LLC and references to
“you” meaning you. Accordingly, those provision shall govern your rights with
respect to the Company.
7.
Governing Law and Jurisdiction/Limitation of Liability
. This Agreement
shall be governed by and construed exclusively in accordance with the laws of the
State of Arizona, without regard to its conflicts of laws provisions. In the event of
any dispute between the parties, the prevailing party shall be entitled to reasonable
attorneys’ fees and costs in addition to any other relief granted; further, the parties
agree to submit any dispute to mediation in Maricopa County, Arizona. If the
mediation is not successful, any disputes shall be filed in the state or federal courts
located in Maricopa County, Arizona, which courts shall have exclusive jurisdiction
of the parties. Each party hereby submits to the exclusive jurisdiction of those
courts. EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY
DISPUTE ARISING UNDER THIS AGREEMENT OR THE TRANSACTIONS
CONTEMPLATED BY THIS AGREEMENT. You acknowledge and agree that the
Coach’s remedies at law for a breach or threatened breach of any of the provisions
would be inadequate. You therefore agree that in the event of a breach or
threatened breach of your obligations under this section, in addition to any
remedies at law, Coach shall be entitled to pursue equitable relief in the form of
specific performance, a temporary restraining order, a temporary or permanent
injunction or any other equitable remedy which may then be available, without the
necessity of showing actual monetary damages or deposit of any bond. In no
circumstances shall Coach be liable for indirect, consequential, special, punitive, or
exemplary damages, even if it has been advised of the possibility of those
damages. In no event shall Coach’s liability to you exceed any cash payments
made by you to Coach pursuant to this Agreement during the preceding six months
of this Agreement.
8.
General Provisions
. This Agreement represents the entire agreement
of the parties and replaces any other agreements, promises or communications
between them on or prior to the date of this Agreement. This Agreement may only
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be modified by a written agreement executed by each of the parties. This
Agreement may be executed in counterparts and together they represent one
agreement. Counterparts may be delivered by e-mail or similar electronic means
and shall be effective as if a signed original had been delivered at that time. This
Agreement shall inure to the benefit of and be binding on the parties and their
successors and assigns. You shall not assign your rights under this Agreement
without the prior written consent of Coach. Failure of Coach to exercise any right or
option arising out of a breach of this Agreement shall not be deemed a waiver of
any right or option with respect to any subsequent or different breach, or the
continuance of any existing breach.
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Appendix A
Terms and Conditions To Be Included
In Marketing Programs and Customer Agreements
The following terms shall be incorporated by you into your Marketing
Program. These terms are not intended to address all terms and conditions
you may seek to include and you may incorporate the substance of these
provisions into your general terms and conditions or contracts in different
formats and arrangements so long as the substance of these items are all
included. Any substantive omission of the following terms must be approved
by the Company, and you shall be charged for any counsel charges incurred
by the Company in review of your terms and conditions if substantively
different from the following.
1.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information contained in this video and the related presentation is
provided by [
insert your company name
] and its personnel or agents
(collectively, the “
Company
”) and is offered for educational and informational
purposes only. Nothing in these materials should be interpreted or
construed as legal, regulatory, insurance, tax, or financial advice. Individual
circumstances may vary, so you should consult with your own personal
advisors to determine if this solution is appropriate for your situation before
deciding whether to act upon the information presented.
These materials contain general information and may not reflect current
legal, tax, insurance or regulatory developments or information and is not
guaranteed to be correct or complete. The Company makes no warranty,
expressed or implied, as to the accuracy or reliability of this information, the
information contained in any referenced website or provided by any others,
including by sources to whom we may refer you. The Company expressly
disclaims all liability with respect to actions taken or not taken by you or
others based on any or all of the information or other contents of these
materials.
The Company is under no obligation to perform services on your behalf. It
may elect to do so on terms you and the Company agree upon. The
Company may also refer you to other companies, some of whom may be
affiliated with the Company, to perform services on your behalf. Those
affiliated and non-affiliated other parties could include insurance agents,
mortgage brokers and other professionals. The Company shall have no
liability for the quality, integrity, performance or any other aspect of any
services ultimately provided by any referral source. All materials or referrals
provided by the Company are presented solely for your convenience and do
not represent any endorsement, advertisement or sponsorship of linked sites
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or any products or services offered. You shall be solely responsible for
assessing the knowledge, skill and capabilities of those providers to see if
they are qualified and appropriate for your situation.
The Company shall have no liability for any damages of any kind, including
actual, special, consequential, lost profits, punitive, or incidental damages
arising from your use of the information presented by the Company, for the
actions or inactions of any referral source or other third-party, or for any
other matter or thing arising between the Company (or any of its personnel
or agents) and you or your associates.
Any engagement of those referral sources shall be directly between you and
those third-parties, and the Company shall not be a party to those
arrangements, notwithstanding any referral to them by the Company. You
should understand, however, that the Company may receive direct or indirect
compensation from those third-parties if permitted by law, in exchange for
that referral.
Any information sent to the Company via Internet e-mail or through any
referenced web site is not secure and is done so on a non-confidential basis.
You assume the risk of third-party intrusion into the methods of
communication and the Company shall have no liability for that access.
The Company may share information provided by you with its affiliates and
other potential referral sources. You hereby grant permission to the
Company to do so. More information on our Privacy Policy can be found at
____________.
Copyright 2020 by __________________. All rights reserved.
2.
Operation of the Program
. The Company may include other provisions for
the operation of the Marketing Program in its discretion.
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