PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS A CONTRACT, BY USING THIS SITE YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website.
Our mission is to empower our students with the systems, tools, training, and resources needed to exploit their inner-talents and abilities so that they can create a Digital Life. All decisions we make are based on this mission.
Welcome to Six Figure Mentors’ (“SFM”) website (the “Website”). The following membership agreement (the “Membership Agreement”) contains the terms and conditions that govern your use of the Website and our Services (as defined below). This Membership Agreement describes your rights and responsibilities, as well as what you can expect from the Website and our Services.
If you do not agree with any of these terms, do not access or otherwise use our Website and/or Services, or any information or materials contained on the Website.
Digital Experts, LLC, (“Digital Experts, LLC” and “We”) owns and operates the Website and reserves the right to add, delete, and/or modify any of the terms and conditions contained in this Membership Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this Membership Agreement, the new terms will be posted to the Website, you will be required to affirmatively assent to its terms, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website and our Services and to request an immediate termination of your membership. Your express consent or continued use of the Website or our Services following the posting of a change notice or a new Membership Agreement on the Website will constitute binding acceptance of the changes.
1. OUR SERVICES
1.1. We provide a number of Internet-based services through the Website (all such services, collectively, the “our Services”), including without limitation training and materials for you to develop and promote your business. We reserve the right to add, change, and/or delete content and/or services from the Website and/or our Services from time to time.
1.2. If you are eligible for a refund of your SFM Membership per our refund policy, it will automatically be processed within 10 business days of your cancellation.
1.3. You agree to pay, and authorize automatic recurring billing of, the membership fee with your credit card, or other payment methods, until subsequently cancelled. You understand and agree that each automatic recurring billing of the membership fee is not refundable and will not be prorated.
1.4. We reserve the right to change the membership fee from time to time.
1.5. When sites are suspended, IPs are blacklisted, due to the use of bad plugins, updates not being performed, spamming, etc., we are not liable and no monetary compensation will be made.
2. USE OF THE WEBSITE AND OUR SERVICES
2.1. We will only knowingly provide our Services to parties that can lawfully enter into and form contracts under applicable law. The Website and our Services are not for children under the age of 18 and any such use is prohibited.
2.2. You must comply with all of the terms and conditions of this Membership Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and our Services.
2.3. Your License to Use the Website and our Services.
2.3.1. We own or license all intellectual property and other rights, title, and interest in and to the Website, our Services, and the materials accessible on and/or through the Website and our Services, except as expressly provided for in this Membership Agreement. For example, and without limitation, We own trademarks, copyrights, and certain technology used in providing our Services. You will not acquire any right, title or interest therein under this Membership Agreement or otherwise unless expressly provided for herein.
2.3.2. We grant you a limited revocable license to access and use the Website and our Services for its intended purposes, subject to your compliance with this Membership Agreement. This license does not include the right to collect or use the information contained on the Website for purposes that We prohibit or to compete with our company. If you use the Website or our Services in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.
3.1. For the purpose of this Membership Agreement, “Confidential Information” shall be deemed to include all information and materials that: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at the time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.
3.2. Confidential Information shall include without limitation: this Membership Agreement; all information provided on and/or through the Website and/or our Services; trade secrets, inventions, research methods, methods of compiling information, methods of creating our database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by us in the conduct of our business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of our customers, potential customers, distributors, and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for our products or services, the amounts paid by customers to us, specific customer needs and requirements, and leads and referrals to prospective customers; and the structure, sequence, and organization of our database, together with source code and object code; and the identity of our employees, their respective salaries, bonuses, benefits, qualifications and abilities.
3.3. You acknowledge and agree that the nature of our confidential, proprietary, and trade secret information to which you have, and will continue to have access to, derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which We compete. You further acknowledge and agree that, even in complete good faith, it would be impossible for you to work in a similar capacity for a competitor of ours without drawing upon and utilizing information gained pursuant to this Membership Agreement.
3.4. You acknowledge that you are receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from the Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to promote your business, and that you will use best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.
3.5. The obligation of confidentiality shall not apply to any particular portion of Confidential Information which: (a) was in the public domain when we granted access to you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was in your possession free of any obligation of confidence at the time of the disclosure by us; (d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to you; (e) was developed by you independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from us; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify us before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.
3.6. You agree not to alone or in association with others use Confidential and/or trade secret information to (a) solicit, or facilitate any organization with which you are associated in soliciting, any contractor, employee or customer of ours to alter its relationship with us; (b) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which We are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by us at any time during the term of this Membership Agreement (provided that this clause (b) shall not apply to any individual whose employment with us was terminated for a period of one year or longer); or (c) solicit business from or perform services for any customer, supplier, licensee, or business relation of ours, induce or attempt to induce, any such entity to cease doing business with us; or in any way interfere with the relationship between any such entity and us.
3.7. You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work and/or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to our right to also seek injunctive or other equitable relief.
3.8. Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.
3.9. You and We agree that all originals and any copies of the Confidential Information remains the property of Digital Experts, LLC. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession and/or control to us at our request.
4. GENERAL RULES
4.1. Prohibited Use. You may only use the Website and/or our Services to promote your business, as expressly permitted by us. You may not cause harm to the Website or our Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website and/or our Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or our Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website and/or our Services, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website and/or our Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website and/or our Services; (vii) assist or encourage any third party in engaging in any activity prohibited by this Membership Agreement; (viii) co-brand the Website or our Services; (ix) frame the Website and/or our Services; or (x) hyperlink to the Website and/or our Services, without the express prior written permission of an authorized representative of Digital Experts, LLC.
4.3. Ordering Policies. If you purchase any of our products and/or services, you agree that your use of the product or service is limited by this Membership Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the Website are password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user (member) to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.
5. RESERVATION OF RIGHTS
5.1. Monitoring. We reserve the right, but do not assume the obligation, to monitor transactions and communications that occur through the Website and/or Service. If We determine, in our sole and absolute discretion, that you or another Website user has or will breach a term or condition of this Membership Agreement or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2. Modification of the Service. We may modify the Website and/or our Services at any time with or without notice to you, and will incur no liability for doing so.
6.1. We ask that you respect the Website online community. Your conduct when using the Website and our Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to:
6.1.1. Disparage the products or services of any company or individual.
6.1.2. Impersonate or represent us, our staff, or other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.
6.1.6. Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language; or solicit/post sexually explicit images.
6.1.7. Harass, threaten, or embarrass anyone.
6.1.8. Post anything that you do not have the legal right to post; and
6.1.9. Violate any law, or make any untrue or misleading statement.
7.1. Your Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant us an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. You agree that We will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on “moral rights” or the likes arising from our use of a Submission.
7.2. Submissions by Others. We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website and/or our Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will We be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or our Services by third parties.
8. REPRESENTATIONS AND WARRANTIES
8.1. Mutual Representations and Warranties. Each party represents to the other that: (i) the party has the full power and authority to enter into and perform under this Membership Agreement, (ii) execution and performance of this Membership Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which the party is bound, and (iii) the terms of this Membership Agreement are a legal, valid, and binding obligation of the party entering into this Membership Agreement, enforceable in accordance with these terms and conditions.
8.2. By You. You represent and warrant to us that, in your use of the Website and/or our Services, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; (ii) will comply with all applicable laws, rules, and regulations; (iii) will not disrupt or damage any software or hardware; and (iv) you will provide correct, current, and complete billing and contact information.
9. DISCLAIMERS AND EXCLUSIONS
9.1. DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, OUR SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OUR SERVICES, OR WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS MEMBERSHIP AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
9.2. EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE AND/OR OUR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3. LIMITATION OF LIABILITY. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR OUR SERVICES EXCEED THE LESSER OF (i) THE AMOUNT PAID TO US BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).
9.4. THE INCOME DISCLAIMER POSTED ON OUR WEBSITE IS INCORPORATED HEREIN BY REFERENCE AND YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTAND IT.
10.1. You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Membership Agreement through any act or omission. If you have to indemnify us under this section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
11.1. Termination. You agree that, under certain circumstances and without prior notice, We may suspend or terminate your use of the Website and/or our Services, including without limitation, if We believe, in our sole and absolute discretion, that you have breached a term of this Membership Agreement. You acknowledge and agree that all suspensions and terminations shall be made in our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination.
11.2. Survival. Upon termination, your license to use the Website, our Services, and everything accessible by and/or through the Website and/or our Services shall terminate and the remainder of this Membership Agreement shall survive indefinitely unless and until we chooses to terminate them.
11.3. Effect of Termination. Upon termination of any part of this Agreement for any reason, we may delete or assume ownership of any Content or other things including without limitation URLs, domain names, and email lists relating to your use of our Website and/or our Services that is on our servers or otherwise in our possession or control, and We will have no liability to you or any third party for doing so.
11.4. Mortality Legacy. In the event of the death of a SFM/DEA member, their estate (as specified by their legal arrangement) will inherit their affiliate account and all funds currently within it. We ask the deceased member's executor to please contact Member Services for further advice about the account for their full peace of mind.
12.1. All notices required or permitted to be given under this Membership Agreement will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to us, you must use the following address: Digital Experts, LLC, 1007 N Orange St, Wilmington, DE 19801, USA. If Digital Experts LLC provides notice to you, We will use the contact information provided by you to us. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
13. NOTIFICATION OF CLAIMS OF INFRINGEMENT
13.1. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent to receive notice of claimed infringement: Digital Experts LLC (SFM), attn: Copyright Agent, Digital Experts, LLC, 1007 N Orange St, Wilmington, DE 19801, USA. Provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our agent for notice of claims of copyright infringement on this site can be reached at email@example.com.
14. THIRD PARTY REFERRAL FEES
14.1. We may receive an affiliate commission when you purchase some of the products and/or services that we recommend on our Website and/or Services. By entering into this Agreement, You acknowledge that you have been informed of such payments, consent to payments of affiliate commission to Digital Experts, LLC, and that such payments are fair and reasonable.
14.2. You may be entitled to receive a referral fee as a result of your membership. For example, if you refer someone to the Website who subsequently becomes a member, you may be entitled to receive a referral fee. You may also receive a referral fee if someone you refer purchases additional products and/or services. We will only pay you a referral fee if: 1) we receive payment from the person you refer; 2) your Membership is active at the time we receive payment; and 3) you are not indebted to Digital Experts, LLC for any amount. We reserve the right to offset your referral fee by any amount you owe us.
15. MOMENTUM DAY AND DIGITAL EXPERTS EVENTS – SHOULD YOU ATTEND
15.1. SFM and Digital Experts, LLC its officers and directors, and its Consultants, do not offer legal, investment, financial or medical advice. I agree that I will not hold SFM or Digital Experts, LLC, its management, ownership, or Consultants liable should I utilize any of the information learned at the event.
15.2. SFM/Digital Experts, LLC has attempted to perform extensive due diligence on the individuals/companies presenting; however each attendee should also seek appropriate legal and/or financial advice from a licensed professional before implementing a particular strategy following the Event.
15.3. The education presented at each event CANNOT be shared with non-attendees of the conference. I understand and agree to a complete Confidentiality & Non-Disclosure Agreement.
15.4. I understand that pictures and videos will be taken during the Event, and I authorize SFM and Digital Experts, LLC to use these in their marketing efforts, should they choose.
15.5. I will not make an audio or video recording of the conference. Recordings of ANY kind are strictly prohibited.
15.6. While attending, and following the event, I will not offer investments or other products of any kind to attendees of SFM or Digital Experts, LLC Event. Cross-marketing is strictly prohibited and I will not use this event to further an outside personal or business interest of any kind.
15.7. I understand that should I violate any of the these SFM Policies, I may be asked to leave the Event and that I also risk losing my SFM Membership privileges.
16. MEDIA INTERVIEWS
16.1 Affiliates are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize Digital Experts, LLC, its products, services or their individual Six Figure Mentor business, except with the express, written approval of Digital Experts, LLC. All media contacts and inquiries must be coordinated through the approval and representation of an official Digital Experts, LLC Company Spokesperson.
17. RELEASE FOR USE OF PHOTO, AUDIO, OR VIDEO IMAGE, AND/OR TESTIMONIAL ENDORSEMENT
17.1. As an SFM MEMBER, you grant to SFM and Digital Experts, LLC, its successors, assignees, employees and agents, the absolute and irrevocable right and permission, to reproduce and use, broadcast, publish, or republish any photos, audios, videos, or endorsements made by it of you or given by you, in all or in part, individually or in conjunction with any other photograph, audio or video, or any other endorsement, in any current or future medium and for marketing, advertising, promotion, and/or publicity purposes. In addition, you grant Digital Experts, LLC the right to apply for copyright protection for such photographs, audio and/or video works, in the name of Digital Experts, LLC.
17.2. In addition, to the extent you own any right, title, or interest, including any copyrights, in any photograph, audiovisual works, any endorsement, or other original works of authorship in connection with SFM and/or Digital Experts, LLC products, services, or business, you shall promptly assign any and all such rights, title, and interest to Digital Experts, LLC, and assist Digital Experts, LLC to obtain copyright protection or other forms of protection for such assigned rights. You agree that any use by SFM and/or Digital Experts, LLC as set forth in this section shall be royalty free and not subject to any other claim.
17.3. You confirm that the information you give as a testimonial endorsement, or as represented in a photograph, video, or audio is true and accurate to the best of your knowledge. You waive any right you may have to inspect, approve, or revoke the finished or unfinished product(s), the advertising copy, printed, recorded, photographic, or video matter that may be used in connection with it or any use that may be made of it.
17.4 You agree to release and discharge SFM, Digital Experts, LLC its successors, assignees, employees, and agents, from any and all liability, claims and/or demands arising out of or in connection with the creation and the use of any photograph, video, audio or endorsement, including any claim for slander or defamation.
17.5 All testimonials and images associated with such testimonials are the property of SFM and Digital Experts, LLC and the individual who gave the testimonial. If an Independent Associate wishes to use a testimonial in an approved website or marketing material they must receive prior written permission from SFM and the testimonial giver.
17.6 Testimonials include all testimonials distributed by SFM on any SFM or Digital Experts, LLC website or SFM or Digital Experts, LLC marketing materials.
18.1. This Membership Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. This Membership Agreement will not be assignable or transferable by you without our prior written consent. This Membership Agreement (including all of the policies and other Agreements described in this Membership Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Membership Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved. You and We are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Membership Agreement. The invalidity or unenforceability of any provision of this Membership Agreement will not affect the validity or enforceability of any other provision of this Membership Agreement, all of which will remain in full force and effect.
A. MARKETING AND TRADEMARKS
A.1. SFM is designed to provide a level playing field for all its independent Affiliates and to prevent "sponsor shopping" (and cross recruiting) by or on behalf of its Customers/Users. In the case of a dispute, the new Customer enrollment is credited to the affiliate who FIRST generated the new Customer as a lead or application. The disputing affiliates may agree to allow a new Customer to move if the Customer agrees, but the credit for the enrollment rightfully belongs to the affiliate that generated the original lead or application.
A.2. Cross Recruiting:
a) SFM will not tolerate any active marketing of personal services, or proprietary derivatives of personal services, to any SFM member outside of your personal sales organization. This process, known as "cross recruiting" will result in immediate account suspension.
b) SFM is designed provide an equal opportunity for every marketer regardless of their experience and level of income. In order to maintain the integrity of the system, SFM uses a 3-strike "poaching" policy. Automatic monthly internal account audits ensure that new members are enrolled under the appropriate sponsor.
c) All SFM members who are found to enroll a new member who is NOT originally their applicants will be asked to explain why they enrolled that new member. If a satisfactory explanation for the violation cannot be provided, the account will be noted with a "strike." All members start with zero strikes and are allowed two strikes. Once a total of three strikes has been accumulated, the account will automatically be suspended for 30-days and labeled as "high risk" while we conduct a full audit and review of the account.
d) It is your responsibility to ensure that every member you enroll is YOUR applicant and not someone else's. If you are unsure or feel like your prospect may not be completely honest with you, email firstname.lastname@example.org to verify if there is already an application in the system for this person.
e) We suggest that you specifically ask EVERY prospect if they have already spoken with another SFM member or submitted an application. If in doubt, you can even tell them that poaching and cross recruiting is strictly forbidden and that your account could possibly be suspended if you enroll them.
If you have questions or concerns regarding this Membership Agreement, you should contact us by e-mailing email@example.com and writing "Membership Agreement" in the subject line.
This membership agreement was last updated on March 25, 2019.
EARNINGS & INCOME DISCLOSURE & DISCLAIMERS
NOTE: The Six Figure Mentors (SFM) is an education company and marketing platform with many different types of customers. Some of our SFM marketer customers are also our Affiliates and earn commissions by referring people to our products and services. Many of our top income members (some of which have provided written and video testimonials on our sites) earned the majority of their income by selling other company's products to customers that they found using the strategies of SFM. We are unable to disclose average incomes for selling non-SFM products as we do not track those incomes, however, we should income claims be made on our site we will have notarized affidavits on hand for these.
ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY ESTIMATES OF WHAT IS POSSIBLE AND WHAT SOME PEOPLE HAVE EARNED. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THIS WEB SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS. TESTIMONIALS ARE NOT REPRESENTATIVE.
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.
MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL WIN ANY INCENTIVES OR PRIZES THAT MAY BE OFFERED, GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
INTERNET BUSINESSES AND EARNINGS DERIVED THEREFROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL. ONLY RISK CAPITAL SHOULD BE USED.
ALL PRODUCTS AND SERVICES BY OUR COMPANY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.
USERS OF OUR PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON THIS WEB SITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM. ALL DISCLOSURES AND DISCLAIMERS MADE HEREIN OR ON OUR SITE, APPLY EQUALLY TO ANY OFFERS, PRIZES, OR INCENTIVES, THAT MAY BE MADE BY OUR COMPANY.
YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR COMPANY, OR OUR COMPANY PRODUCTS OR SERVICES.
This policy was last updated on March 25, 2019.
1. DIGITAL EXPERTS’ INTERNATIONAL COMPLIANCE
We store your information in the United States. Any transfer of your data within the United States will be in compliance with applicable European data protection laws and in respect of transfers to the United States comply with the E.U. – U.S. and Swiss – U.S. Privacy Shield Framework, details of which are set out in Section 12 below.
2. THE INFORMATION WE COLLECT
Information You Provide
Digital Experts collects a variety of information that you provide directly to us, including any information that may be contained in videos, comments, or other submissions you upload or post to the Services. Digital Experts may collect information from you in the context of:
- Account registration and administration of your Digital Experts’ account;
- Uploads or posts to the Services;
- Contest registration and prize acceptance;
- Customer support and technical assistance;
- Processing your order for products or services offered by Digital Experts;
- Registration of your Digital Experts’ products;
- Providing updates to you regarding your Digital Experts’ products;
- Newsletter subscriptions;
- Access to Digital Experts’ products or services on social networks or third party services;
- Services provided online, for example, by way of your mobile app or the Digital Experts’ software; and
- Other uses of the Services where information is requested for use and/or participation.
The specific types of information collected will depend upon the Services you use, how you use them, and what you choose to provide and may include your full name, email address, phone number, home address, mobile phone number, credit card information, shipping address, gender, birth date, and zip code. Our mobile services may request access to your photos and videos to enable you to download photos and videos to your computer/mobile device or upload photos, and videos to your Digital Experts’ account or social media accounts. We also collect information you choose to include in your Digital Experts’ account, including, but not limited to, videos and photos, any comments on yours or others’ posts, interests and preferences, location, videos and photos that you have favorited, and other Digital Experts’ users whose Digital Experts’ accounts you follow.
Information We Automatically Collect
When you use Digital Experts' Services that connect to the Internet, including, but not limited to, when you access the Services via Digital Experts’ applications (e.g., web, mobile, desktop software), your Digital Experts’ account, and our websites, we may collect certain information as described below for such purposes as improvement of our products and software services, troubleshooting bugs, providing the Services, managing the Services, security and monitoring purposes, tracking and analyzing usage, providing content for referring traffic sources and improving overall performance of the Services. We may use third party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
As discussed further below in Section 5, we may collect and store this information in a way that it is linked to you personally, unless you have chosen to opt out.
When you use our websites (including our app), we may collect and analyze information about your computer or mobile device such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Services, referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services and upload or post content, error logs, and other similar information. We monitor customer traffic patterns and site usage to help us develop the design and layout of the site, and to improve the content of our website to better match the interests of our website users.
Information from Other Sources
Anonymous or De-Identified Data
3. COOKIES AND SIMILAR TECHNOLOGIES
Please see our dedicated Cookies Policy here.
4. ONLINE ADVERTISING AND ANALYTICS
We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology described in the Automatically-Collected Information section above to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to online marketing, as described in the following section.
We do not serve third party advertisements to you while using our websites. However, we do work with website analytics and advertising partners, including Google, InfusionSoft, and Facebook, to deliver Digital Experts advertisements on third party publisher websites - these partners may set cookies on your computer's web browser. These cookies allow our partners to recognize your computer so that the ad server can show you Digital Experts advertisements elsewhere on the Internet, and so that our analytics software can measure your engagement and interactions while using our websites. In this way, ad servers may compile anonymous, de-identified information about where you, or others who are using your computer, saw our advertisements, whether or not you interacted with our advertisements, and actions performed on subsequent visits to our websites. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you, and it allows Digital Experts to optimize the performance of our advertising campaigns and the usability of our website. In other words, we use analytics data in concert with data about our online ads that have been shown using online advertising networks. By doing so, we can understand how anonymous users interacted with our website after seeing our ads.
5. USES OF INFORMATION
Digital Experts may use the information it collects for various purposes, including but not limited to:
- Service Improvement – As discussed throughout this Policy, we will use information to understand how users interact with our Services, provide tailored content, improve the overall Digital Experts’ customer and product experience, and perform research and analytics.
- Order-Related Communications – If you purchase a product, we will use your name and email address to send you an order confirmation email and customer satisfaction emails. If you do not wish to participate in customer satisfaction emails, you may opt out of such emails upon receipt by clicking “Unsubscribe” link contained in the email.
- Customer Service – Based upon the information you provide us at the time of Digital Experts’ account registration or purchase, we will send you a confirmation email with your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your Digital Experts’ account. We will communicate with you by email or telephone, in accordance with your preferences.
- Newsletters, Social Media Campaigns, Special Offers, and Updates – We will occasionally send you information on products, services, special promotions, contests, customer satisfaction surveys, events, and opportunities to interact with Digital Experts’ and our Community. Out of respect for your privacy, we present the option NOT to receive these types of communications. Please see Section 7, “Your Choices" below for more details on how to unsubscribe or opt out of these communications from Digital Experts.
- Service-Related Announcements – We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email, push notification, or an in-application or web-based communication. Generally, you may not opt out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your Digital Experts’ account.
6. SHARING AND DISCLOSURE OF INFORMATION
Digital Experts does NOT share, sell, rent or trade information with third parties for their own promotional purposes, and will only share information as outlined below or with your consent.
- Customer Testimonials - At times, we may post customer testimonials on our website. We will obtain your consent via email and/or opt-in methods prior to posting your name, city, or stated activity/interest along with any testimonial.
- User-Generated Content - You may be able to disclose information about yourself in the course of contributing user-generated content on publicly-available areas of the Services, such as your Digital Experts user profile. Your Digital Experts user profile and any information you post there will be publicly available. This includes, but is not limited to: your uploaded photos or videos, full name, email address, phone number, address, interests, content that you have favorited, and Digital Experts users whose Digital Experts accounts you follow. Your content will also be shared with users of other social media services to which you have chosen to share, consistent with your privacy settings on those services. Such information is unencrypted, public information may be accessed or recorded by us, and there is no expectation of privacy or confidentiality in such information. Any information you submit in the course of such activities can be read, collected, or used by internet users. We cannot control how internet users might use your information. We especially cannot prevent you from receiving unwanted messages from other internet users.
- Service Providers - We use third party service providers to offer or facilitate services on our behalf, such as a credit card processing company to bill you for products and services, and an email service provider to send out emails on our behalf. When you order products from Digital Experts, we will share your information as necessary for such third party services providers to provide the applicable service to us or on our behalf. These third parties are prohibited from using any identifying information about you for promotional purposes.
- Business Transactions - Information that we collect is considered a business asset. As a result, if we go out of business, enter bankruptcy, or if we are acquired as a result of a transaction such as a merger, acquisition or sale of some or all of our assets, your information may be disclosed or transferred to a third party acquirer in connection with the transaction.
- Legal Compliance - We reserve the right to access and disclose your information when we believe in good faith that such disclosure is necessary to: (a) enforce legal rights and comply with the law; (b) comply with an order from a government entity or other competent authority, (c) prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage; (d) protect our rights, prevent fraud and/or comply with judicial proceeding, court order, or legal process served on Digital Experts.
- Law Enforcement - We may be required to disclose your information to government or law enforcement officials in response to a lawful request by a public authority or if we have to do so to comply with a legal obligation, including to meet national security or law enforcement requirements. We can also disclose your information in order to apply or enforce our terms and conditions or to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity (including for the purposes of fraud protection and credit risk reduction).
7. YOUR CHOICES
Digital Experts provides you with a number of choices with respect to the information we collect and use as discussed throughout this Policy. Some of your choices include:
- Marketing Communications – If you purchase a product but if you no longer wish to receive our newsletter, social media campaigns and promotional emails, you may opt out of receiving them by following the instructions included in each newsletter or email or by requesting through the contact form located on our websites.
- Digital Experts’ Personalization Services – As discussed in depth in Section 2, Digital Experts may associate the information we automatically collect from you with identifiable information we have collected from and about you (such as your email address) to personalize your Digital Experts’ experience. Such personalization services may include providing tailored content, features, in-application communications and promotions, and personalized customer support.
8. EU RIGHTS TO PERSONAL INFORMATION
EU and Swiss individuals have the right, under certain circumstances, to:
- Access their personal information;
- Correct inaccurate personal information;
- Request erasure of their personal information without undue delay;
- To object to the processing of their personal information;
Such users may request access to their personal information and modify or remove most information associated with their Digital Experts account at any time by logging into their Digital Experts account and accessing features such as Edit Profile and Account Info. Users may also email to exercise any of the above rights by emailing us at firstname.lastname@example.org. EU and Swiss users also have the right to lodge a complaint with supervisory authority, in particular in the EU Member State of their habitual residence, place of work or place of the alleged infringement if they consider that our processing of their personal information infringes the applicable data protection laws. Please contact us at email@example.com, and we will provide you with detailed information regarding the contact details of the respective competent supervisory authority.
9. THIRD PARTY WEBSITE LINKS AND FEATURES
10. CHILDREN’S PRIVACY
Digital Experts' Services are intended for general audiences and not for children under the age of 18. We do not knowingly collect personal information from children under the age of 18, and if we become aware of such collection, we will take reasonable steps to delete any such information as soon as practicable.
11. INTERNATIONAL USERS
12. EU – US AND SWISS – US DATA TRANSFERS
Email address - firstname.lastname@example.org
We will respond to any complaints as soon as possible and within 45 days.
We encourage EU and Swiss individuals who have questions or complaints about how we process their Personal Data under Privacy Shield to contact us at email@example.com. We will work to resolve your issue as quickly as possible.
Please note that if your complaint is not resolved through these channels, in certain limited circumstances, a binding arbitration option may be available.
14. HOW WE PROTECT YOUR INFORMATION
The security of your information is important to us. We have implemented reasonable administrative, technical, and physical security measures to protect against the unauthorized access, destruction or alteration of your information based on its sensitivity. Despite our best efforts, however, no security measures are completely impenetrable.
15. DIGITAL EXPERTS CONTACT INFO
Email address: firstname.lastname@example.org
Mailing address: Digital Experts, LLC., 1007 N Orange St, Wilmington, DE 19801, USA
This policy was last updated on March 25, 2019.
SFM Trial Optional Bonus
Bonuses offered as an optional add-on with the SFM 30-Day Trial are nonrefundable.
SFM ALL IN Membership (SFM BASIC FOR LEGACY MEMBERS) OR SFM APPLICATION
30-Day Refund Policy
You are entitled to a refund within 30 days of your purchase. A refund will be automatically be processed within 10 business days if you cancel your subscription within the 30-Day window.
Products include: ELITE Influence, ImportXperts, Marketing Mastery, Brand Incubator and Mastermind Experience
Purchaser may cancel their order and receive a full refund within three (3) days of the date payment has been processed. Any online access and memberships relating to DEA will also be cancelled. If the Purchaser enrolls in an installment plan, the initial payment date serves as the start of the three (3) day window and the refund policy does not restart with each subsequent payment.
MEMBERSHIP CANCELLATION AND MONTHLY SUBSCRIPTION PAYMENTS
Your monthly subscription fees are non-refundable should you cancel your membership. This means that if you cancel your membership the day of or after your monthly subscription fee is collected by our system, we are unable to provide a refund.
Following your cancelled membership, we confirm that we will delete your bank details and collect no further fees from you.
This policy was last updated on March 25, 2019.
What are cookies?
Cookies are small files stored on your computer or other devices when websites are loaded in a browser. They are used to remember the preferences you have set during a single visit or a browsing session (multiple visits). Cookies store information that provide the user with a more personalized experience, like your preferred language setting. Cookies may come directly from a website or third-party content provider and are not considered a form of spyware or type of virus.
Tracking technologies may also be present on both websites and within HTML emails. They are usually small transparent images, such as pixels, that are used in conjunction with cookies to monitor a user’s behavior, though they are stored differently. This type of tracking technologies may still load when cookies are diabled, but will be limited in functionality.
Many of the cookies we use are set whenever you visit one of our websites, irrespective of whether you have an account or not.
Where we place cookies
We set cookies in a number of different locations across our services. These include but are not limited to:
- On our websites.
- In the dashboards of our websites.
- On sites we host for our users. (e.g. sales pages, capture pages, mini-sites)
- On sites that use our plugins (e.g. Simple Lead Capture).
Types of Cookie
The details below explain the types of cookies we use on our websites and why we use them.
Session cookies, or ‘temporary cookies’, are commonly used on retail and e-commerce websites. They help to recognize users, as well as their information and activity, as they are navigating through a website. Session cookies only retain this information while they are on the site, and will be deleted when the web browser is closed.
Permanent or ‘persistent’ cookies are operational even after a user closes a web browser. This enables a user to log into a site without re-entering their credentials every time. These cookies must be deleted after 12 months in accordance with the law.
Third-party cookies are installed with the intent of collecting user data, like information about their spending habits or demographics. They are commonly used by third-parties, such as advertisers, to better promote their products and services to their target audience.
Flash cookies (These cookies are not tracked by SFM/DEA)
Flash cookies are commonly referred to as ‘super cookies’ and operate independently of a user’s web browser. They are designed to be stored on a user’s device permanently - even after all cookies have been deleted from the device.
Zombie cookies (These cookies are not tracked by SFM/DEA)
Zombie cookies, also a type of flash cookie, are re-created automatically even when a user has deleted them. For this reason, they are difficult to manage or detect and often used in the online gaming world to prevent users from cheating. They can also be used as a vehicle to install malicious software.
CONSENT FOR ADVERTISING COOKIES ON OUR SITES
You may see a “cookie banner” on our websites and dashboard. When you consent in this manner, we and our advertising partners may set advertising cookies on the site you are visiting and on our other websites, dashboards, and services. We’ll display the banner to you periodically, just in case you change your mind.
CONSENT AND CHOICES FOR ADVERTISEMENTS ON OUR USERS’ SITES THROUGH OUR AFFILIATE PROGRAM
You may see a “cookie banner” on our users’ websites. When you consent in this manner, we and our advertising partners may set third-party advertising cookies on our network in order to show you personalized ads. We’ll display the banner to you periodically, just in case you change your mind.
We set a cookie to help us understand how visitors engage with websites that participate in our affiliate program.
This policy was last updated on March 25, 2019.