Terms of Sale
Updated: January 23th, 2024
THE BRAND DEAL WIZARD TERMS OF SALE AND LICENSE AGREEMENT
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TRENDING FAMILY, INC. D/B/A CREATOR WIZARD, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
This Brand Deal Wizard Terms of Sale and License Agreement (the “Agreement”) is effective on the date that you purchase Brand Deal Wizard (the “Effective Date”), and is between Trending Family, Inc., d/b/a Creator Wizard (“Creator Wizard”) and you, the person or entity purchasing Brand Deal Wizard (“Client”). Creator Wizard and Client are referred to individually as a “Party”, and collectively as “Parties”, under this Agreement.
Background
A. Creator Wizard licenses a certain self-study online Program (defined below) for use in learning how to secure brand partnerships for social media creators.
B. Creator Wizard desires to grant a license to Client, and Client desires to license, the Program, subject to the terms of this Agreement.
NOW, THEREFORE, in consideration of the background above, the mutual promises below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Definitions.
Capitalized terms used in this Agreement, and not defined below, will have the meaning ascribed to them in this Agreement. The following capitalized terms will have the meaning specified below:
1.1. “Course” means the video webinar content, website content, and printable materials provided by instructors presenting Course Materials via Creator Wizard’s website at https://www.creatorwizard.com or other websites owned or operated by or affiliated with Creator Wizard.
1.2. “Course Materials” means literary works, or other works of authorship, including documentation, manuals, machine-readable instructions, components, data, audio-visual content (such as images, text, recordings, or pictures), manuals, methodologies, software, scripts, processes, instructional materials, slides, notes, lab exercises, assessment tools, quizzes, tests, answer keys, scripts, files, instructor guides and/or any other materials in any format, provided in connection with the Program (defined below) whether distributed in print, electronic, or video format, and related licensed materials. Course Materials are owned by Creator Wizard and are copyrighted and licensed, not sold. All whole or partial copies of Course Materials are subject to the same terms as the original copy.
1.3. “Program” means the Course and Course Materials that compose Brand Deal Wizard or the 7-Day Pitch Challenge, and any and all related instructional content, assessments, tests, and instructional materials included therein, whether in print or electronic format, provided by Creator Wizard.
2. Price and Payment; Refunds.
2.1. Single-Payment Option (Brand Deal Wizard On-Demand). If Client elects to purchase the Program through the single-payment option selected at checkout, then the price for the Program is currently $1,497 and is subject to change (the “Single Payment Fee”). The Single Payment Fee for the Program Client orders will be that in effect on the date Creator Wizard receives Client’s order. Client is responsible for all costs related to accessing the Program online. Payment for the Program is due in advance of providing access online and shall be submitted via credit card, debit card, PayPal, or Google Pay. Client represents and warrants that the billing information that Client supplies to Creator Wizard is true, correct, and complete and that Client is duly authorized to use such accounts, cards, or funds for the purchase.
2.2 Installment Payment Option (Brand Deal Wizard On-Demand). If Client elects to purchase the Program through the installment payment option selected at checkout, then the price for the Program is currently $1,708, payable across four monthly installment payments of $427 each, and is subject to change (the “Instalment Payment Fee”). The Single Payment Fee for the Program Client orders will be that in effect on the date Creator Wizard receives Client’s order. Client is responsible for all costs related to accessing the Program online. The first installment payment for the Program is due in advance of providing access online and shall be submitted via credit card, debit card, PayPal, or Google Pay. Client represents and warrants that the billing information that Client supplies to Creator Wizard is true, correct, and complete and that Client is duly authorized to use such accounts, cards, or funds for the purchase. By selecting the Instalment Payment Option, Client authorizes the card or account used for the purchase to be used by Creator Wizard and charged automatically for all future invoices for the installment payments. Client must notify Creator Wizard of any changes to its billing information at least two business days prior to the payment due date.
2.3. Single-Payment Option (Brand Deal Wizard Live Cohort). If Client elects to purchase the Program through the single-payment option selected at checkout, then the price for the Program is currently $3,000 and is subject to change (the “Single Payment Fee”). The Single Payment Fee for the Program Client orders will be that in effect on the date Creator Wizard receives Client’s order. Client is responsible for all costs related to accessing the Program online. Payment for the Program is due in advance of providing access online and shall be submitted via credit card, debit card, PayPal, or Google Pay. Client represents and warrants that the billing information that Client supplies to Creator Wizard is true, correct, and complete and that Client is duly authorized to use such accounts, cards, or funds for the purchase.
2.4 Installment Payment Option (Brand Deal Wizard Live Cohort). If Client elects to purchase the Program through the installment payment option selected at checkout, then the price for the Program is currently $3,188, payable across four monthly installment payments of $797 each, and is subject to change (the “Instalment Payment Fee”). The Single Payment Fee for the Program Client orders will be that in effect on the date Creator Wizard receives Client’s order. Client is responsible for all costs related to accessing the Program online. The first installment payment for the Program is due in advance of providing access online and shall be submitted via credit card, debit card, PayPal, or Google Pay. Client represents and warrants that the billing information that Client supplies to Creator Wizard is true, correct, and complete and that Client is duly authorized to use such accounts, cards, or funds for the purchase. By selecting the Instalment Payment Option, Client authorizes the card or account used for the purchase to be used by Creator Wizard and charged automatically for all future invoices for the installment payments. Client must notify Creator Wizard of any changes to its billing information at least two business days prior to the payment due date.
2.5 Single-Payment Option (7-Day Pitch Challenge). If Client elects to purchase the Program through the single-payment option selected at checkout, then the price for the Program is currently $97 and is subject to change (the “Single Payment Fee”). The Single Payment Fee for the Program Client orders will be that in effect on the date Creator Wizard receives Client’s order. Client is responsible for all costs related to accessing the Program online. Payment for the Program is due in advance of providing access online and shall be submitted via credit card, debit card, PayPal, or Google Pay. Client represents and warrants that the billing information that Client supplies to Creator Wizard is true, correct, and complete and that Client is duly authorized to use such accounts, cards, or funds for the purchase.
2.6 Refunds (Brand Deal Wizard): If Client is not satisfied with the Program for any reason, Creator Wizard will issue a refund upon Client’s request within 30 days of the date of Client’s purchase. Refunds will be issued via the payment method used to purchase. To request a refund, Client may contact Creator Wizard at support@creatorwizard.com
2.7 Refunds (7-Day Pitch Challenge): If Client is not satisfied with the Program for any reason, Creator Wizard will issue a refund upon Client’s request within 7 days of the date of Client’s purchase. Refunds will be issued via the payment method used to purchase. To request a refund, Client may contact Creator Wizard at support@creatorwizard.com
3. License and Ownership.
3.1. License Grant. Upon Client’s payment of the Single Payment Fee or Instalment Payment Fee, Creator Wizard grants Client a non-exclusive, revocable, non-transferable, fully paid, limited license, with no right to sublicense, to use the Program pursuant to the Agreement, solely to provide information to Client that may assist in soliciting or obtaining sponsorship deals. Client acknowledges and agrees that the Program is the sole property of Creator Wizard and its licensors, and is copyrighted by Creator Wizard and its licensors, unless otherwise indicated therein. Creator Wizard and its licensors will have sole ownership of the Program including, but not limited to, methodologies, software, processes, or other intellectual property.
3.2. License Restrictions. No part of the Program may be photocopied or duplicated by any means, whether photographic, electronic, mechanical, or sold or distributed in any other delivery format, whether in print or electronic, or used as the basis for any other training product or service, without written permission from Creator Wizard. Client’s rights in the Program are limited to those license rights expressly granted under this Agreement, and Creator Wizard retains all rights not expressly granted. Client will not (a) modify the Program in any manner; or (b) use the Program for any purpose not specifically permitted by this Agreement. Creator Wizard and its licensors will own and retain all right, title, and interest in the Program and all intellectual property rights inherent therein, including without limitation all changes and improvements requested or suggested by Client, notwithstanding any use of terms such as “purchase,” “sale,” or the like within the Agreement.
3.3. Copyright Notices. Client will promptly notify Creator Wizard in writing upon its discovery of any unauthorized use of the Program, or infringement of the Program or Creator Wizard’s proprietary rights in the Program.
4. Term and Termination.
4.1. The term of the License in this Agreement will be one (1) year from the date the Program is delivered to Client under this Agreement. The License and this Agreement will automatically renew for successive one (1) year periods, unless otherwise terminated under this Section 4.
4.2. If Creator Wizard believes that Client has breached any obligation under this Agreement, or if Creator Wizard believes that Client has exceeded the scope of the license granted to it under this Agreement, Creator Wizard may terminate this Agreement immediately upon notice to Client.
4.3. The Parties may terminate this Agreement immediately upon mutual written consent.
4.4. Upon termination or expiration of this Agreement, Client’s right to use the Program will cease, and Client agrees to immediately discontinue use of the Program. If requested by Creator Wizard, Client will permanently delete all digital or electronic files contained in any form or medium of the Program and all associated materials and copies, whether digital or in print (collectively, the “Licensed Materials”), along with written certification by an officer of Client to Creator Wizard, within ten (10) business days of termination or expiration.
4.5. Any provision of this Agreement that contemplates performance or observance after termination or expiration of the license granted to Client under this Agreement (or any other transactions under this Agreement), will survive and continue in full force and effect, including without limitation: “Proprietary Rights”, “Disclaimer of Warranties and Limitation of Liabilities,” “Indemnification,” and “Confidential Information”.
5. Proprietary Rights. Notwithstanding anything to the contrary in this Agreement, each of the Licensed Materials are the property of Creator Wizard and/or its third-party licensors. Creator Wizard’s trademarks, tradenames, and logos are the exclusive property of Creator Wizard. Except as expressly stated in this Agreement, Creator Wizard does not grant Client any intellectual property, or other, rights in the Licensed Materials or its logos, trade names and trademarks. Nothing in this Agreement constitutes a waiver of the rights of Creator Wizard, its affiliates, or any of its suppliers under any copyright or trademark laws, or any other national or local law or international treaty.
6. Publicity Rights and Client Content Usage. Client hereby irrevocably grants Creator Wizard and its affiliates and subsidiaries, the successors of each of the foregoing, and each of their respective agents, licensees, and assigns (collectively, the “Licensees”), in perpetuity, a worldwide, non-exclusive, royalty-free, fully paid up license to reproduce, display, exhibit, publish, broadcast, distribute, and other use, and permit others to use, Client’s name, image, nickname, initials, likeness, photograph, voice, statements, biographical material, and any and all attributes of Client’s appearance in materials created in connection with promoting the Program or Creator Wizard’s business, alone or with other materials, in any and all manner and media now known or hereafter devised, including without limitation in websites owned by or affiliated with the Licensees, on third-party websites, in social media channels, and in public relations materials. If Client shares, submits, or makes available to Creator Wizard any audiovisual media or other materials in connection with endorsing, reviewing, or promoting the Program or Creator Wizard’s business (the “Testimonials”), then Creator Wizard will exclusively own such Testimonials, solely and completely. To the extent that such Testimonials may not be deemed to be owned by Creator Wizard outright, Client hereby grants to Creator Wizard an irrevocable, royalty-free, exclusive, transferable license to use the Testimonials for any purpose related to Creator Wizard and its business, in perpetuity. Client further hereby irrevocably assigns, licenses and grants to Creator Wizard, throughout the world, irrevocably, in perpetuity, Client’s rights, if any, to authorize, prohibit and/or control the assignment, grant, renting, lending, fixation, reproduction and/or other exploitation of the Testimonials by any means and in any media now known or hereafter devised as may be conferred upon Client under applicable laws, regulations, or directives and hereby waives any benefit of any provision of law known as “droit moral” or any similar or analogous law, regulation, or decision in any country of the world. Client further grants to Creator Wizard the full power and authority to pursue any legal action that may become necessary to enforce any rights in and to the Testimonials. Client hereby releases, discharges, and waives all claims, demands, losses, and liabilities of any nature against the Licensees that Client may have now or hereafter, including, but not limited to, claims in the nature of copyright infringement, defamation, disparagement, slander, false light, violation of the right of privacy or publicity, or the like, and covenants not to make any such claims against any of the Licensees.
7. Confidentiality. Client will retain in confidence the terms of this Agreement and all other information and know-how disclosed by Creator Wizard to Client, or acquired by Client pursuant to, or in connection with, this Agreement, which is either designated as proprietary or confidential or which, under the circumstances, ought to be treated as proprietary or confidential (the “Confidential Information”). Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to Creator Wizard, or (ii) was known to Client prior to its disclosure by Creator Wizard without breach of any obligation owed to the Creator Wizard. Client will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information to any third party, and (iv) limit access to Confidential Information to its employees, contractors and agents who have a need to know in order for Client to carry out its obligations under this Agreement. Client may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena, or legal process.
8. Indemnification. Client will indemnify, defend and hold Creator Wizard, its affiliates, and its directors, officers, shareholders, employees and contractors (collectively, the “Indemnified Parties”) harmless, at Client’s expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against the Indemnified Parties by a third party not affiliated with Creator Wizard to the extent that such Action is based upon, or arises out of, (a) Client’s purchase of the Program, or (b) Client’s noncompliance with, or breach of, this Agreement. Creator Wizard will notify Client in writing within thirty (30) days of becoming aware of any such claim; give Client sole control of the defense or settlement of such claim; and provide Client (at Client’s expense) with any and all information and assistance reasonably requested by Client to handle the defense or settlement of such claim. Client will not accept any settlement that (i) imposes an obligation on Creator Wizard; (ii) requires Creator Wizard to make an admission; or (iii) imposes liability not covered by this indemnification, or (iv) places restrictions on Creator Wizard, without its prior written consent.
9. Disclaimer of Warranties; Limitation of Liability.
(a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LICENSED MATERIALS, INCLUDING THE PROGRAM, AND THIRD PARTY BENEFITS ARE PROVIDED TO CLIENT “AS IS”, WITHOUT WARRANTY OF ANY KIND. CREATOR WIZARD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. CREATOR WIZARD DOES NOT WARRANT THAT THE LICENSED MATERIALS INCLUDING, WITHOUT LIMITATION, THE PROGRAM, IS OR WILL BE ACCURATE OR ERROR-FREE, OR MEETS OR WILL MEET CLIENT’S REQUIREMENTS.
(b) IN NO EVENT WILL CREATOR WIZARD BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
PROVIDED HEREIN.
(c) IN NO EVENT WILL THE AGGREGATE LIABILITY OF CREATOR WIZARD EXCEED THE AMOUNT OF THE TOTAL FEES PAID BY CLIENT UNDER THIS AGREEMENT.
10. Force Majeure. Neither Party will be liable in damages, or have the right to terminate this Agreement, for any delay or default in performing under this Agreement if such delay or default is caused by conditions beyond its reasonable control including, without limitation, Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of the Party whose performance is affected.
11. No Business Opportunity Agreement.
11.1. Nothing in this Agreement will be deemed or construed as creating a business opportunity relationship between Client and Creator Wizard.
11.2. NEITHER CREATOR WIZARD NOR ITS AFFILIATES HAVE, OR MAKE, ANY GUARANTEE, PROMISE, OR REPRESENTATION ABOUT POTENTIAL EARNINGS THAT WILL, OR MAY, BE RECEIVED BY CLIENT UNDER THIS AGREEMENT, AND HAS NOT PROVIDED CLIENT WITH ANY STATEMENTS REGARDING THE POSSIBLE RANGE OF CLIENT’S EARNINGS.
11.3. CLIENT ACKNOWLEDGES THAT CLIENT IS NOT RELYING ON ANY REVENUE, SALES, OR EARNINGS INFORMATION AS ANY KIND OF PROMISE, GUARANTEE, OR EXPECTATION OF ANY LEVEL OF SUCCESS OR EARNINGS. Client’s result’s will be determined by a number of factors over which Creator Wizard has no control, such as Client’s financial condition, experiences, skills, level of effort, education, changes within the market, and luck. Running an online business carries risks, and your use of any information Creator Wizard presents is at Client’s own risk. Client agrees that Creator Wizard is not responsible for any decision Client may make regarding information presented or as a result of the use of any materials provided by Creator Wizard.
11.4. Client acknowledges that Creator Wizard provides no “buy-back,” “protection,” or “secured investment” arrangement of any nature whatsoever that would serve to protect Client from the loss of any purchases or payments in connection with the Program.
12. Choice of Law. This Agreement will be governed by the laws of the State of California, without regard to its conflicts of law provisions.
13. Arbitration Agreement.
13.1. Dispute Resolution and Arbitration. All claims and disputes arising under or relating to this Agreement are to be resolved by binding arbitration in Alameda County, California. The arbitration will be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding will be in writing, provide an explanation for all conclusions of law and fact, and include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration will be conducted by an arbitrator experienced in the relevant field. An award of arbitration may be confirmed in a court of competent jurisdiction.
13.2. Exceptions. Notwithstanding the clause above (13.1), Creator Wizard and Client both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of either Party’s rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law located in Alameda County, California, pending a final ruling from the arbitrator.
13.3. No Class or Representative Proceedings: Class Action Waiver. CREATOR WIZARD AND CLIENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both Creator Wizard and Client agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
14. Miscellaneous.
14.1. No Assignment. Client may not assign this Agreement without Creator Wizard’s prior written consent.
14.2. Independent Contractors. The relationship of Client and Creator Wizard is that of independent contractors. This Agreement does not give either Party the power to direct or control the day to day activities of the other, constitute the Parties as partners, joint venturers, co-owners, principal-agent, franchisor-franchisee, employer-employee, or otherwise participants in a joint or common undertaking, or allow either Party to create or assume any obligation on behalf of the other Party for any purpose whatsoever.
14.3. No Waiver. Any waiver of the provisions of this Agreement, or of a Party’s rights or remedies under this Agreement, must be in writing signed by the waiving Party to be effective. Failure, neglect, or delay by a Party to enforce the provisions of this Agreement, or its rights or remedies, at any time, will not be construed, and will not be deemed, to be a waiver of such Party’s rights under this Agreement, nor will it in any way affect the validity of the whole, or any part. of this Agreement, or prejudice such Party’s right to take subsequent action.
14.4. Severability. If any term, condition, or provision in this Agreement is held by a final, non-appealable order or judgment of a court of competent jurisdiction to be invalid, unlawful, or unenforceable to any extent, the Parties will use commercially reasonable efforts to agree to amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the Parties fail to agree on such an amendment, such invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
14.5. Headings. The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon any of the provisions of this Agreement.
14.6. Notices. For a notice required in this Agreement to be deemed given, the applicable Party
must put such notice in writing and must deliver it by: (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid, or (iv) electronic mail to the other Party’s designated email address. Any notice given under this Agreement will be effective on the other Party’s receipt, or if mailed, on the earlier of the other Party’s receipt and the third business day after mailing.
14.7. Entire Agreement. This Agreement is the entire agreement between the Parties concerning its subject matter, and supersedes all other proposals and agreements, whether electronic, oral, or written, between the Parties concerning such subject matter.
14.8. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to, or will confer upon any person or entity (other than the Parties), any right, benefit, or remedy of any nature whatsoever under, or by reason of, this Agreement.
14.9. Authority. Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its terms.
14.10 Survival. Those provisions of the Agreement which expressly survive, or by their nature ought to survive, expiration or termination of this Agreement, will survive such expiration of termination.