Terms & Conditions
Foundr Magazine by Foundr Media Pty Ltd (“Foundr Media Pty Ltd,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, foundr.com, www.igdomination.com (the “Websites”).
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. Description and use of our websites
2. Community guidelines
4. Sign-in name; password; unique identifiers
5. Fees, payment and refund policy
6. Intellectual property
7. Registered user content; licenses
8. Communications with us
9. No warranties; limitations of liability
10. External sites
11. Representations; warranties; and indemnification
12. Compliance with applicable laws
13. Termination of the agreement
14. Digital millennium copyright act
15. Controlling law
16. Binding arbitration
17. Class action waiver
19. Affiliate Agreement
0. Earnings Disclaimer
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE FOUNDR AT YOUR SOLE RISK. By purchasing any Foundr Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
1. Description and use of our websites
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Foundr community.
2. Community guidelines
Foundr Magazine’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
- You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Websites to engage in any commercial activities;
- If you post any Registered User Content, you will stay on topic;
- You will not access or use the Websites to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
- You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
The Websites are only available for individuals aged 16 years or older. If you are 16 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
4. Sign-in name; password; unique identifiers
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Foundr Magazine will not be liable for any loss or damage caused by any unauthorized use of your account.
5. Fees, payment and refund policy
As consideration for any purchase you make on the Websites, you shall pay Foundr Magazine all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged in U.S dollars.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Foundr Magazine to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Refund Policy – Foundr Magazine (iOS & Android)
The Foundr Magazine “app” is hosted on both the Apple iOS platform and Google Play Platform and all billing is controlled by both respective platforms and NOT handled or controlled by Foundr Media Pty Ltd. For assistance with billing questions, refunds or other order inquiries please refer to the respective online support pages:
Apple – https://support.apple.com/itunes
Google Play – https://support.google.com/googleplay
Refund Policy – All Foundr Courses
At Foundr, we are so confident that you will get results that we give you an entire calendar year (365 days) to complete the course, do the work and put what you’re taught to the test.
We want you to give your best effort to apply all the strategies taught in the course and give yourself the best chance at success, which is why if we don’t hold you accountable to putting in the work, we’re doing you a disservice.
This course has been stress-tested to make sure that as long as you follow the modules and complete the action items for each lesson, you will get results.
Which is why when you enroll in any of our courses as a student, you get a “365-Day Guarantee.” The guarantee states that if you enroll in one of our courses, watch all the video lessons, complete all of the required work and action items, and still don’t see results within the first year (365 days), we will provide a full refund.
Our 365-Day Guarantee is governed by the following terms.
In order to qualify for a refund, you must have completed the course, and email us within the first year from your enrolment date, including proof that you did the work in the course and it did not work for you. You must include your completed coursework with your request for a refund, as well as the required assignments (specific to each course). If you request a refund and do not include your completed coursework by the 365th day, you will not be granted a refund.
If you haven’t completed the course or the required assignments, then you won’t be eligible for the guarantee. We’ll ask for your completed course work and ask what didn’t work for you (so we can learn and improve).
For All Courses:
The work that you need to submit with your request for a refund includes ALL of the following items, as well as the specific requirements outlined for each course (see below).
- Requirement 1: Complete the course
- Requirement 2: Complete & attach the course workbook filled in with your notes/answers, to show that you’ve taken the time to apply the course lessons
- Requirement 3: Tell us why this course was not a good fit for you and your business needs. What did you expect that you did not get once inside the program?
Additional requirements for Start & Scale Your Online Store:
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Start & Scale includes ALL of the following items:
- Requirement 4: Link to your product waitlist page or online store URL that you set up using Gretta’s Start & Scale system
- Requirement 5: Upload your Idea Canvas filled out (if not already part of your full Workbook)
- Requirement 6: Upload your Brand Pyramid filled out (if not already part of your full Workbook)
Additional requirements for Instagram Domination:
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Instagram Domination includes ALL of the following items:
- Requirement 4: Link to your Instagram account
- Requirement 5: Link to 5 examples of IG posts where you implemented the course strategies and tactics
Additional requirements for Consulting Empire:
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Consulting Empire includes ALL of the following items:
- Requirement 4: Provide a link to the landing page that you created with Sabri’s Secret Selling System
- Requirement 5: Send us your “High-Value Content Offer” that you created to get client prospects opting in to your funnel
- Requirement 6: Send us a link to one of your “Multimodality Outreach” Loom videos that you recorded and sent out to your prospects
Additional requirements for Infinite Scale:
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Infinite Scale includes ALL of the following items:
- Requirement 4: Complete & link your landing page to drive signups or waitlist registrants (to demonstrate that you have tried to build your email list)
- Requirement 5: Complete & attach your “Course Outline” (In a Word doc or Google doc)
- Requirement 6: Include a functioning, live link to your sales and checkout pages (to demonstrate that you’ve tried to sell the course)
Additional requirements for Advanced Email Marketing:
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Advanced Email Marketing includes ALL of the following items:
- Requirement 4: Send us a screenshot of your homepage on an email service provider
- Requirement 5: Save and send us five emails you’ve sent out using the strategies and tactics in the course
Additional requirements for Blow Up Your Brand: The Complete Content Marketing Playbook
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Blow Up Your Brand: The Complete Content Marketing Playbook includes ALL of the following items:
- Requirement 4: Links to 5 blog posts, or 5 IG posts, or 5 YouTube posts, or 5 podcast episodes, or 5 Facebook posts, published
- Requirement 5: Your content planning calendar
- Requirement 6: A list of 20-30 future content titles
- Requirement 7: Your brand mission statement, core values and tagline
Additional requirements for List Building Bundle
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for List Building Bundle includes ALL of the following items:
- Requirement 4: Share your landing page and a brief write-up about the conversion-centered design improvements you made and tested (Landing Page Formula)
- Requirement 5: Upload a screenshot of your pop-up or other opt-in tactic that you implemented since taking the course (List Building Mastery)
Additional requirements for 7-Figure Copywriting
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for 7-Figure Copywriting includes ALL of the following items:
- Share one piece of copywriting that proves you applied the learnings from this course to improve your copy (e.g. landing page, email, video script, etc.)
Additional requirements for Growth Hacking Playbook
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Growth Hacking Playbook includes ALL of the following items:
- Requirement 4: Show us you took one of these principles and tried to implement it as a growth hack (e.g. if you selected Podcasting, link us to 5 podcast episodes; or if you chose Blogging, link us to 5 blog posts)
- Requirement 5: Share at least 1 filled out “Growth Hacking Experiment” worksheet (hypothesis, experiment, analysis, etc. from workbook) as proof that you tried to think like a scientist with your growth
- Requirement 6: Send your filled out “Product-Market Fit Self-Assessment” (from workbook)
Additional requirements for 60-Day Startup
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for 60-Day Startup includes ALL of the following items:
- Requirement 4: Send in your Competitive Analysis Spreadsheet (Funnel Hacking) showing that you identified at least 3 competitors in your market and researched them
- Requirement 5: Send your “Scoring Multiple Ideas” worksheet to show that you went through the idea validation process and narrowed down to 1 winning idea
- Requirement 6: Send in screenshots of at least 5 attempts to do validation outreach following Mitch’s system (can be any of the strategies taught in the course — Social Media, Email, or Survey Validation)
- Requirement 7: Send a link or screenshot to your One-Page Beta Website that you used to attract pre-launch Beta signups to your product
Additional requirements for Triple Your Business
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Triple Your Business includes ALL of the following items:
- Requirement 4: Share your KPI dashboard spreadsheet that you set up for your company
Additional requirements for Influencer Magnet
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Influencer Magnet includes ALL of the following items:
- Requirement 4: Proof of x3 outreach to influencers and it didn’t work (e.g. email screenshots)
- Requirement 5: Photo of your “swag bomb” that you sent to an influencer
Additional requirements for Productivity Machine
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Productivity Machine includes ALL of the following items:
- Requirement 4: Proof of your “kanban system” (e.g. Trello Board)
- Requirement 5: A process doc or proof of an optimized process you worked on improving for your company using the course lessons
Here’s how our guarantee DOES NOT apply:
- You enroll, never complete the course, and email us within a year asking for a refund.
- You enroll, do none of the assignments, and email us asking for a refund.
Foundr Courses Payment Cancellation Policy
A Purchaser who enrolls may not cancel the contract under any circumstances outside the “365-Day Guarantee” period. Upon enrollment, the Purchaser will be responsible for the balance of sale owing and must pay all further installments as agreed and on time. Should Purchaser fail to make any payment as and when due, we reserve all our rights against Purchaser for failure to make installment payments on time, including, but not limited to, mandating a collection agency or attorney to obtain payment from Purchaser, which may adversely affect the Purchaser’s credit rating. Purchaser must reimburse us for all reasonable fees (including legal and collection agency fees) incurred in collecting the balance of sale and is not eligible for the “365-Day Guarantee.”
We will NOT provide refunds more than 365 days following the date of purchase. After day 365, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
Please note – this is a serious business course, it’s not magic. If you’re not ready to put in the work and take real action, you won’t see the results. We put an extraordinary amount of time, money and effort into all of our Programs, and we expect you to do the same. Our courses are for serious students only.
If you have any questions or concerns about your purchase, please let us know by contacting our support team directly. The support desk can be reached at [email protected]
Refund Policy – 1 to Many
An UNBEATABLE Guarantee: A 30-Day Money-Back Guarantee
- We also totally guarantee your satisfaction with the 1 to Many course as well. In fact, we back it with a thirty (30) day money-back guarantee. We want you to be satisfied with your purchase but we also want you to give your best effort to apply all the strategies in the course. We offer a 30-day refund period for purchases. However, in order to qualify for a refund, you must submit proof that you have completed the course.
- If you’re unsatisfied — a refund will be given if you have viewed the lessons & completed the 1 to Many course, during the 30-day refund period. Please send us one email to [email protected] and we will offer you a 30-day money back guarantee, no questions asked, as long as you do the work & complete the the 1 to Many course.
Refund Policy – Physical goods (Printed Magazine Issues, Books, Posters or Journals)
The above refund policy on digital goods does not apply to physical goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer.
We recommend that you return the physical product via registered post and that you prepay all postage. You assume any risk of lost, theft or damaged goods during transit, and therefore advise you take out shipment registration of insurance with your postal carrier. Foundr Media Pty Ltd will not be responsible for parcels lost or damaged in transit if you choose not to insure.
6. Intellectual Property
The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Foundr Magazine (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Foundr Magazine. Foundr Magazine retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Foundr Magazine (the “Foundr Magazine & Foundr Media Pty Ltd Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of Foundr Magazine. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Foundr Magazine & Foundr Media Pty Ltd, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Foundr Magazine & Foundr Media Pty Ltd Trademarks inures to our benefit.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
7. Registered user content; licenses
As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT FOUNDR MAGAZINE, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Foundr Magazine, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Foundr Magazine that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Foundr Magazine and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
8. Communications with us
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
9. No warranties; limitations of liability
THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
10. External sites
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
11. Representations; warranties; and indemnification
(a) If you are a Registered User, you hereby represent, warrant, and covenant that:
- You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
- Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.
(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
12. Compliance with applicable laws
The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
13. Termination of the agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
14. Digital millennium copyright act
Foundr Magazine respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Foundr Media Pty Ltd
231, Chapel St, Prahran, VIC, Australia
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
15. Controlling law
This Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
16. Binding arbitration
In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in Delaware may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Delaware. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
17. Class action wavier
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
19. Affiliate Agreement
Last Revised: January 1, 2016
This AFFILIATE AGREEMENT (“Agreement”) contains the terms and conditions that apply to your participation as an affiliate (“you,” “yours,” or “Affiliate”) in the Affiliate Program of Foundr Media Pty Ltd., (“we,” “us,” “our,” or the “Company”), having an address of 231 Chapel St, Prahran, Victoria, Australia 3181.
Affiliate represents and warrants to Company that Affiliate has read and understands the Company Policies that are set forth herein and/or on its web site and agree to the terms set forth therein. Our Affiliate Program is administered through our Company pursuant to the policies at our Company web site, as well as stated herein.
Affiliate acknowledges that it may participate in the Affiliate Program only under the terms and conditions set forth below, and that subsequent to Company accepting this Agreement, Company will, in its sole discretion, determine whether or not to accept Affiliate into Company’s Affiliate Program.
- Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement.
All Affiliates must be 18 years of age or older. If you are under 18 years of age, you are not permitted to be an Affiliate.
- Term and Termination
The term of this Agreement will begin when you accept the Agreement, and will end when terminated by either party. Either the Company or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to Company’s Web Site and all other materials provided in connection with this Agreement, if any. You are only eligible to earn commissions on sales occurring during the Term, and commissions earned through the date of termination with remain payable only if the product orders are not canceled. Company may withhold final payment for a reasonable time to ensure against cancellation.
- Qualifying Sites
Company reserves the right not to accept any site into the Affiliate Program based on site content or that in our sole discretion are not suitable for our Affiliate Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable . Sites that Do Not Qualify for the Affiliate Program include sites which:
- Promote illegal activities
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote sexually explicit materials
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of a third party.
- Company Material
Affiliate agrees to receive email from Company, including but not limited to, promotional materials, newsletters, and other correspondence. Affiliate agrees to only present Company, Company products and services as authorized by Company in Company’s Web Site or Company materials. Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated by the Company or in Company Web Site. Affiliate also agrees not to reproduce commission checks or distribute commission checks in any form or by any means. Affiliate further agrees not to disparage or misrepresent Company, Company products or services other Company Affiliates in any manner. Affiliate understands that disparagement or misrepresentation may result in the immediate termination of Affiliate account with a cancellation of any pending commissions. Company reserves all rights in its trademarks, copyrights, and other intellectual property. Foundr Magazine, Instagram Domination, Foundr Club U.S. registered trademarks of Company and/or its related companies. Affiliate agrees not to use any intellectual property of Company unless Company gives explicit permission to Affiliate. For example, Affiliate agrees not to use any domain name that contains any variation of Company’s trademarks (such as foundr.com, igdomination.com etc.).
Affiliate will typically receive fifty percent (50%) of the sale as a commission from orders placed through our Affiliate Site (unless noted otherwise for a particular product), minus the amount of any returns, chargebacks, taxes or shipping and handling charges. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate links. Affiliate cannot earn a commission by purchasing products from Company using Affiliate’s own affiliate link if it is the first sale made by Affiliate for the respective promotion. Once Affiliate has made at least one valid, non-refunded sale to a third party for the respective promotion, then Affiliate can receive a commission for products that Affiliate purchases from Company through Affiliate’s own affiliate link.
All Affiliate payments will be made through Paypal on a monthly basis, in U.S. dollars, for sales that were made in a prior period, after the refund period has expired. If a sale is canceled or refunded, any paid commission will be deducted from a subsequent payment. Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. Company reserves the right to deduct, in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
Affiliate will not be paid any affiliate commissions until Company has received a properly signed and executed W9 (U.S. residents) or W8-BEN (non-U.S. residents). The IRS requires us to collect this information from people who we make payments to.
Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to have sales tracked and recorded to qualify for commissions. Company is not responsible for the failure to assign any sale or commissions to Affiliate if the same results from the improper formatting of any affiliate links.
Company will only pay commissions on sales that are tracked through our tracking system and indicate Affiliate as the source of the visit to Company Web Site. Affiliate has no right to commissions if a buyer later returns to the Company site through another Affiliate link or source and makes a purchase.
Affiliate has no right to commissions based upon subsequent sales, or where “cookies” are used, overwritten or deleted, even where the customer first arrived at the Company site through your Affiliate link. Commissions will only be paid when the buyer makes a purchase on the same visit using your Affiliate Link of with your “cookie” indicating you as the Affiliate.
- Order Fulfillment
Company or its representatives will be solely responsible for processing every order placed by a customer on the Affiliate Site. You are not authorized to sell any of these products from your site as a “reseller” and no “resale” rights are granted in ANY way on these products unless otherwise noted.
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Company. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. For example, in order to protect the privacy of Customers as required by applicable laws, Company will not share details about Customers with Affiliate, except to indicate that a sale was made by Affiliate. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Company policies will always determine the price paid by the customer.
- Unsolicited Commercial Email or SPAM
Company has no tolerance for, and in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this Agreement and immediate dismissal from Company’s Affiliate Program, with no further commissions being owed to you. Affiliate agrees to comply with all U.S. federal and state laws regarding SPAM, including, but not limited to the CAN-SPAM act. Company may report spam, along with all spammer’s identifying information, to the Federal Trade Commission and other agencies for civil and criminal prosecution. For the purpose of this Agreement, SPAM is defined as emailing ANYONE, in bulk or by single mailing, about Company, Company products or services, who has not specifically requested to receive information directly from Affiliate. Company also considers any type of advertisement posted to a forum, web site, or other location that is in violation of that respective site’s respective posting/advertising policies to be SPAM.
- Compliance with December 1, 2009 Revised FTC Advertising Guidelines
You agree to comply with the revised FTC guidelines on testimonials and affiliate endorsements that took effect on December 1, 2009. Those guidelines require, among other things, that your promotions disclose that you have a financial or other biased interest in whether someone purchases a product you are recommending (i.e. requires that you disclose that you are an affiliate). Those guidelines also require that any time above average testimonials are used to convey a certain marketing message, that the average results that the consumer should expect to achieve also be clearly disclosed. Company does not authorize you to use any testimonials with its products, except to link to any testimonials that Company has on the pages hosted by Company. You hereby agree not to use fake testimonials or to otherwise engage in practices that would violate any federal or state advertising laws. Failure to comply with this provision can result in immediate termination of this Agreement and of your participation in the Affiliate Program, with no further commissions being owed to you.
- Limitation of Liability
Company will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. The Company’s aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under to this Agreement. Further, our obligations and Affiliate remedies are solely and exclusively as described and limited in this Agreement and if applicable, on the Company’s Web Site Affiliate information.
- Hold Harmless
Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs in the marketing of the Company, Company products and services and Company’s Affiliate Program. Affiliate agrees to hold Company harmless from same.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
The Company location is stated in the first paragraph of this Agreement, and as an Affiliate you agree that this offering is made from the Company’s location and shall be governed by the laws of the State where the Company is located in Australia.
- Jurisdiction and Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State the Company is located in, as stated herein, without regard to any conflict of law rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State where the Company is located. In addition, Affiliate agrees to submit to the jurisdiction of the courts of the State where the Company is located, and that any legal action pursued by Affiliate shall be within the exclusive jurisdiction of the courts of the city and state where the Company is located.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
The Company reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any and all such amendments will apply to the Affiliate. The continuation of Affiliate status, promoting or marketing the Company, Company products or services, or Affiliate’s acceptance of income, shall constitute Affiliate’s acceptance of any and all amendments. Affiliate agrees to review this Agreement for any changes or additions, monthly or at the beginning of each affiliate payout cycle, whichever is sooner.
In the event that any provision of this Agreement is held to be invalid or unenforceable, said provision shall be reformed only to the extent necessary to make it enforceable, and the balance of this Agreement will remain in full force and effect.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
- Contacting Us
For further information, please contact us at the email address indicated on the affiliate signup email confirmation, or send a letter to our address noted in the first paragraph.