Co.Mission for the Cause Designation Program
_________________ (participant name), thank you for joining Co.Mission for the Cause (the “Company”), for the Co.Mission for the Cause Designation Program (the “Program”). This Agreement starts on the date that you, the “Participant”, signs this document. Participant is a business owner and enters this Agreement in her business capacity.
The Purpose of this Agreement:
This Agreement is made so that Participant can participate in the Co.Mission for the Cause Designation Program (the “Program”). The Program requires completion of certain requirements which allows Participant to call herself a Co.Mission Designee and market her participation in the Program to third parties within Company guidelines and upon purchase of a license.
This Agreement DOES NOT do any of these things:
This Agreement does not make Company and the Participant partners, joint venturers, co-owners, principals or agents, or employers or employees of one another.
This Agreement does not sell or otherwise transfer ownership of Company’s intellectual property.
This Agreement does not promise financial results or an endorsement of Participant’s services or profession.
1. The Program Price is $499 USD for 1-year designations, $799 USD for 2-year designations OR $1299 USD for 5-year designations. Term length is selected upon application by Participant. Participant will also be required to pay annual renewal dues of $199 USD for 2-year designations or $99 USD for 5-year designations. All Participants are required to pay monthly membership dues of $14.99 USD for 1-year designations, $12.99 USD for 2-year designations or $9.99 USD for 5-year designations. Future price adjustments are in the sole discretion of Company upon public notice of the changes.
2. This Agreement, the Company’s Policies and Disclaimers, and the Credit Card Authorization are the entire agreement between us. These written documents supersede our prior discussions, emails, online or voice messages. By signing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.
THIS IS WHAT YOUR PURCHASE INCLUDES AS A PARTICIPANT
1. Access to the online member portal. You will receive access to the Co.Mission for the Cause online portal, which includes, 1) templates and marketing resources to facilitate implementation of the designation in Participant’s own business 2) free content or professional trainings and, 3) promotions and discounts available by other Designees and Co.Mission for the Cause directly.
2. Designation Opportunity. Upon completion of the requirements you will find under the heading “Designation Prerequisites” in this Agreement, you may call yourself a “Co.Mission Deisgnee” or “CMD” and market your status in accordance with the Company policies identified in this Agreement.
3. Inclusion into exclusive, Designee online Directory. You will be added to the Co.Mission for the Cause directory of active Co.Mission Designees. This directory will include your stated pledge, personal statement and contact information.
4. Exclusivity. Every active City will include a limited number of professional designations. There will be equal number of individual and corporate designations available, per professional speciality. Vertical splits may occur. Corporate designations must be held by the business owner and the business, NOT its employees. In the event a corporate designation is held, the business owner will be responsible for pledge updates, paying fees and dues and maintaining active designation.Number of designations are determined per capita. >100,000 population size = 1 designation 100,000 - 500,000 population size = 2 designations 500,000 - 1,000,000 population size = 3 designations <1,000,000 population size = 5 designations
Please understand: Occasionally the material in the portal, guest experts, and channels to access the Program and its representatives may have to change based on group needs, available technology, and factors outside the Company’s control. The Company will replace or substitute the items above, if it determines it is necessary to do so in its sole discretion, with something similar of equal or greater value.
1. Designation Requirements. Co.Mission for the Cause must select your application in order for you to be eligible as a Co.Mission Designee. If selected, you will be required to either fulfill these requirements prior to receiving formal designation and/or complete them throughout your designation in order to maintain designation. Initial application selection and these requirements will be determined in Company’s sole discretion.
a. Pay all fees and dues in a timely manner prior to receiving initial designation and prior to annual renewal. Fees and dues are dependent on term length selected during initial application.
b. Honor your stated “pledge” as outlined in your initial application. This is your realistic and measurable commitment to give back to your community.
c. Report pledge updates quarterly.
d. Maintain good standing with the board by resolving any disputes brought to the board for dishonorable pledge contributions or questions in character.
e. Follow Co.Missions Code of Conduct.
f. Late pledge updates or volunteer hours will result in a $40 late fee; delinquencies beyond 30-days will result in a termination of Designation. Delinquent monthly membership fees will result in a $5 late fee; delinquencies beyond 60-days will result in a termination of Designation.
g. Submit a “Pledge Change Request” form prior to modifying your current pledge. You may not change your pledge without the approval of Co.Mission for the Cause. If pledge changes are approved, all contributions promised during time of original pledge, must be brought current. If not approved, you may continue as a designee with your original pledge OR terminate your designation. You will not be reimbursed for annual fees / dues should you terminate.
h. Designations are based on primary city in which applicant / designee does business. If an applicant does business in more than one city, designation will be held in city by which applicant / designee lists as its primary business address. If an active Designee changes its primary business address, designee will submit a "Location Change Request" form. Co.Mission for the Cause will transfer Designation to the new city so long as that Designation spot is currently available. If that city is filled by another Designee of same profession, Designee will be refunded half of initial program fee and will terminate current use of designation.
2. What does “Designation” mean? "Designation" means Participant has completed the requirements above, and agrees to meet and maintain compliance with other requirements set out in this Agreement to have continuing access to certain of Company’s Intellectual Property for purposes of marketing the Program. This includes purchase of an annual program license.
3. When am I Designated? Participant may not use the monikers “Co.Mission Designee” or “CMD”, without express written notification from the Company notifying you that you have met the requirements of this Agreement.
4. How do I stay Designated? Company from time and in its sole discretion, may change, modify, or terminate certification requirements and benefits. You must comply with the changed requirements within the period of time set forth in the applicable policies to stay in compliance with any modified compliance requirements. See aforementioned Designation Prerequisites.
5. Company maintains the sole right, without explanation, to deny a Participant the right to use the monikers “Co.Mission Designee”, or “CMD”. Company may determine, in its sole discretion, the number of individual and corporate designations it provides on an annual basis in any geographic location and of a professional specialty.
6. A purchase of a Program License is Required to Complete and Maintain Designation. At this time, the license is $499 USD for 1-year designations, $799 USD for 2-year designations OR $1299 USD for 5-year designations. Term length is selected upon application by Participant. Participant will also be required to pay annual renewal dues of $199 USD for 2-year designations or $99 USD for 5-year designations. All Participants are required to pay monthly membership dues of $14.99 USD for 1-year designations, $12.99 USD for 2-year designations or $9.99 USD for 5-year designations. and requires Participant to sign a separate agreement. Failure to maintain a current license agreement cancels Participant’s status as designated, and revokes all right to use Company’s Intellectual Property, including the terms “Co.Mission Designee” or “CMD”.
YOUR DESIGNATION INCLUDES
1. Access to downloadable marketing material which may include the Co.Mission for the Cause seal, mission statement, vision statement and helpful scripting for use in your own business.
2. License to use “Co.Mission Designee” or “CMD” monikers and logos in your marketing.
3. Inclusion into the Co.Mission Designee Directory, which will include your personal, contact information, a brief bio and pledge information – unless requested otherwise.
If you choose designation:
1. You represent and warrant that your use of the Company’s Intellectual Property will not:
a. Harm the reputation of the Company;
b. Make any guarantees or warranties on behalf of the Company, including promises of certain earnings results or outcomes;
c. Make any deceptive, misleading, or otherwise unethical statements;
d. Violate any applicable federal and local laws and regulations.
Please take the time to review the Marketing Guidelines in Exhibit A as a starting point in understanding truth in marketing requirements.
If you have any questions whatsoever concerning your use of the Company’s Intellectual Property, whether before or after certification, *please* contact us.
THESE ARE *NOT* INCLUDED
1. Services. Done-for-you services of any kind are not included.
2. Coaching. One-on-one coaching is not included. Please allow three (3) business days for responses to questions from Company or your Co.Mission for the Cause Designation.
3. Endorsements. You are not receiving an endorsement from Co.Mission for the Cause or Aundrea Dudik, and neither is any other participant. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by Co.Mission for the Cause.
4. Participant Ownership of Written Materials. As a Participant, you will have one license to view written materials provided by Co.Mission for the Cause. You do not have ownership of this information, which is protected by federal copyright laws. Some of the information may also be protected by a contractual license between the provider and Co.Mission for the Cause. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without express written consent of Co.Mission for the Cause, which it may withhold for any reason, and purchase of a license (prices start at $499 and are dependent on term length). In circumstances you are given content, scripting or material to use within your own business, Co.Mission for the cause will clearly distinguish it from material you can only view. Content and scripting can only be used for the specified program term length of each designee. Once a designation is terminated, content may no longer be used.
5. Designation Ownership of Written Materials. As a condition of Designation, you must purchase one worldwide, personal, non-transferable, non-exclusive license to reproduce, excerpt, and display Company’s Intellectual Property related to the Co.Mission for the Cause Designation Program at a cost of $499 USD for 1-year designations, $799 USD for 2-year designations OR $1299 USD for 5-year designations. Term length is selected upon application by Participant. Participant will also be required to pay annual renewal dues of $199 USD for 2-year designations or $99 USD for locked, indefinite designations. All Participants are required to pay monthly membership dues of $14.99 USD for 1-year designations, $12.99 USD for 2-year designations or $9.99 USD for 5-year designations. If Participant does not renew the Program license, the Designation also lapses and is cancelled. Participant also understands and agrees that the license to use this content does not give any right, title, interest, or claim to ownership in the Intellectual Property, and that the license is subject to agreement to a separate agreement, to be provided at the time of licensing.
6. Trademark Usage. Co.Mission for the Cause protects its names! You are not receiving permission to use trade and service marks like “Co.Mission Designee”, “CMD,” “Good News Tribune,” or any other trademark of the Company, even if not listed here, without express written consent of the Company to do so.
7. Results Not Guaranteed. You are receiving access to Program materials, support and guidance, but not guaranteed results in your business or guaranteed outcome from participating in the Program.
THESE ARE YOUR RESPONSIBILITIES- Do not join unless you can do these things:
Co.Mission for the Cause is an awesome company, but we can’t do everything! Here is a list of your responsibilities in participating in the Co.Mission for the Cause Designation Program:
1. Know Your Own Circumstances. You are in the best position to evaluate your personal circumstances, including legal, medical, financial, business, and family matters, and you take sole responsibility for the decisions or actions (or inaction) regarding them as those decisions or actions pertain to participating in the Program.
2. You can afford to pay the entire cost of the program. By signing up, you are representing and warranting to Co.Mission for the Cause that you can bear the economic risk for paying the program purchase price, and that in doing so, you will not experience economic or financial hardship.
3. You can follow our code of conduct. Co.Mission for the Cause designees are committed to the highest standards of integrity, transparency and honesty. Designees will strive to do the right thing, always. Designees will follow the standards and expectations of all professional licenses and certifications held in their field. Designees will follow all state and federal laws. If at any point a criminal charge is brought against a designee, they will report it immediately to Co.Mission for the Cause and their designation will be re-evaluated. Failure to follow Co.Mission's code of conduct will be subject to immediate revocation of designation.
IMPORTANT LEGAL TERMS
Please read this carefully because it impacts valuable legal rights!
1. There is a NO REFUNDS policy.
By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in Section 1 of this Agreement through the end of the Term. If your designation is terminated, whether voluntarily or involuntarily, you will no longer be charged for monthly membership fees or annual renewal fees. You will not be reimbursed for program application costs or initial program application fees. Co.Mission for the Cause considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included. If you initiate a chargeback, Co.Mission for the Cause will issue a $250 fee to you. On a case-by-case basis, Company may offer a different program of Company’s choosing to assist Participant in an area of her business that may increase results in the Program.
2. You are a Business Owner.
You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights.
3. Disclaimer of Warranties.
Participant understands the Program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you.
4. Damages are limited under this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.
5. No Accreditation.
Participant acknowledges that no representation has been made concerning the accreditation of the Co.Mission for the Cause Designation Program. It is not a regionally or nationally accredited program and has not been accredited by the Council for Higher Education Accreditation or any other designated agency or accrediting body.
6. No Professional Advice.
The Company does not engage in the rendering of legal, accounting, or other professional services. Any information provided during the Term of this Agreement is not meant to be an endorsement or offering of any business or other investment. You acknowledge that you will make your own decisions before acting on any information gained from this program.
7. No Guarantee of Revenue or Profits; Risk of Loss.
Business profitability or the lack thereof is greatly dependent upon individual decisions, abilities, and general market forces, and the Company makes no guarantees or warranties that information provided to you through the Program will result in profits.
The Company is in no way responsible or liable for your use of the information provided through the Program. By signing this Agreement, you acknowledge that you assume all risks and liabilities related to your business, including the loss of funds invested.
8. Co.Mission for the Cause can end your participation in the program.
Company may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate.
9. Texas law governs this Agreement and it will be enforced by either party in Texas.
This Agreement will be governed by Texas law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of the Texas courts and agree that any legal proceeding commenced shall take place in a 50-mile radius of Temple, Texas.
10. No Assignment; No oral waivers or modifications.
This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by the Company.
11. Electronic Signatures and Other Documents.
You agree that your electronic signature is valid and binding evidence of your assent to the terms of this Agreement. You agree to sign additional documents which may be necessary to complete the material purpose of this Agreement, including without limitation, payment authorizations, publicity releases, and/or license agreements.
12. No relationship; Legal Interpretation.
To the fullest extent permitted at law and equity, nothing in this agreement, the conduct of the parties, or the course of dealing among them shall be construed as a general or limited partnership, employer/employee, or principal/agent relationship of any kind whatsoever.
Under no circumstances shall this Agreement be construed to as a transfer of ownership of primary or derivative intellectual property of Co.Mission for the Cause.
Co.Mission for the Cause does not make promises it cannot keep, and that means its Licensees must also implement best practices when marketing the Program so that the chance of a deceptive marketing claim is minimized.
What is a marketing message? Any website copy, Facebook post, Facebook group interaction, webinar presentation, guest post, or advertisement is a marketing message if it would be considered by a consumer in making a purchasing decision. If you are not sure if a statement is a marketing message, think of the statement in the opposite form and ask yourself if making the opposite statement would negatively impact the desirability of the product. If so, it is a marketing message.
There are two types of marketing messages: Express Promises and Implied Promises.
Never make an Express Promise. These often contain words like “You will [achieve some result]” or “We promise [a specific outcome].” You cannot guarantee an outcome because many factors come into play which are out of your control.
Implied Promises do not promise results, but do suggest what results could be possible.
You may use Implied Promises in marketing the Program if they meet three qualifications:
1. 100% truthful (to the penny) and not exaggerated (for example, failing to clarify that the figures are gross, rather than net revenue).
Desirable results sell, and anything that influences a purchasing decision is a marketing message.
2. Not misleading or unfair.
Your statements must tell the whole truth, not the “truth by omission” or a statement that is only “technically” truthful. Do not make statements about earnings if they were not directly related to the implementation of the Program.
3. Evidence based. That means proof!
You cannot make any statement that you do not have evidence to back up, whether through screenshots, emails, or otherwise. It can be tempting to use any result as support for a particular program’s results, but this is not based on evidence. Don’t use it!
Remember: Implied promises are in the eye of the beholder. You want to be sure that all of the necessary information is present to make your marketing messages truthful and not misleading, because your potential clients may make a purchasing decision even if you did not mean to imply a promise about results.