ESS 2.0 PLUS Participation Agreement
eCommerce Scaling Secrets Participation Agreement
ESS 2.0 PLUS Program
eCommerce Scaling Secrets – Terms of Enrollment “eCommerce Scaling Secrets Participation Agreement and Terms of Enrollment” This agreement (“Agreement”) is eﬀective from the date of signing (“Commencement Date”) between AF Media LLC, a Florida limited liability company (the “Company”), and the undersigned newly enrolled participants of eCommerce Scaling Secrets training program (the “Program”), hereinafter referred to as “Client.”
1.0 Scope of Services
1.1 eCommerce Scaling Secrets Training Program. eCommerce Scaling Secrets training program allows Client access to a proprietary online training platform that will teach the Client how to start and scale their eCommerce businesses.
1.2 Participants-Only Group. Company will make available to Client a private Participants-Only Group (currently accessible via Discord), where Company will provide a forum for trained personnel, other Program participants, and Program alumni available for guidance, support, and problem-solving instruction.
1.3 Coaching Assistance. Each Client shall receive a complimentary onboarding group session with a coach and a group coaching session with a coach twice a week throughout the Term of this Agreement. Onboarding and coaching sessions shall be conducted through means of audio and/or video electronic communications.
In addition, the client shall receive 1:1 bi-weekly sessions with a coach throughout the Term of this Agreement.
1.4 Bonus Content. Company may also, in its sole and absolute discretion, make available additional bonus content to Client, such content including but not limited to videos, PDFs, and guides.
1.5 Accessibility of the services. Client understands that from time to time services may be inaccessible or inoperable for any reason including, without limitation: (a) Internet or site access malfunction; or (b) causes beyond the control of the Company or which are not reasonably foreseeable by the Company, including interruption or failure of telecommunication or digital transmission links, or other failures. Company shall not be liable to Client or any third party should such failures occur.
2.0 Prices and Payment Terms
2.1 Tuition. Client acknowledges that the cost of the Program must be paid in full prior to accessing any of the Program training materials. All amounts paid cannot be cancelled nor refunded. Client agrees to pay all remaining installments, if any.
2.2 Client’s Responsibilities. It is the Client’s responsibility to actively participate in the Program and all of its elements.
3.0 Exclusion of Warranties; Indemniﬁcation. To the maximum extent permitted by applicable law, Company makes no warranties with respect to the products and services provided herein whatsoever, express, implied or statutory. Implied warranties of suitability, merchantability and ﬁtness for a particular purpose are hereby disclaimed and excluded. Client enters into this Agreement with no speciﬁc expectations of income, marketing, or advertising results, and acknowledges that Company makes no warranties or guarantees of speciﬁc monetary or other success resulting from, or in connection with, Client’s participation in the Program. Client acknowledges this fact and aﬃrms that no promises have been made regarding guaranteed results of Client’s income, marketing or advertising campaigns, or of any other nature.
In no event shall Company be liable to the Client or any third party for any special, incidental, punitive, personal, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or proﬁts, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of performance of any product or service.
Client, its employees agents shall indemnify, defend and hold harmless Company and its oﬃcers, directors, members, partners, employees, agents, aﬃliates, successors, and permitted assigns (collectively, the “Indemniﬁed Parties”) against all claims that any of the Indemniﬁed Parties are liable to the claimant by reason of providing services to Client or in any way connected to Client’s participation in the Program. The indemnity obligations outlined herein shall survive any cancellation, expiration, or termination, for any reason, of this Agreement.
4.0 Term. The term of this Agreement is 90 Days from the Commencement Date. After said 90 days, Client shall retain additional right to access all resources provided throughout the term of this Agreement, except Coaching Assistance and Discord communities; such additional right to access resources may be cancelled at any time within Company’s sole and absolute discretion.
5.0 Conﬁdentiality and Non-Disparagement. Each party shall retain in strict conﬁdence Conﬁdential and Proprietary Information of the other party and such Conﬁdential and Proprietary Information of a party shall only be used by the other party in the course of performing other party’s obligations under this Agreement and will be disseminated only on a need to know basis among other party’s employees and agents who have executed suﬃcient conﬁdentiality agreement. You also agree to keep our workshop content, strategies and information conﬁdential. Client acknowledges that all of the trainings and materials in Program are copyrighted intellectual property owned by the Company and may not be redistributed or otherwise reproduced in any way. “Conﬁdential and Proprietary Information” means information disclosed to or known by the receiving party as a consequence of or through participation in the Program, about the disclosing party's plans, products, processes, know-how, trade secrets, technology, and services. Client shall not make any negative or disparaging statements about the Company or do anything else intended to damage the Company during and after the Term of this Agreement. Client agrees not to disparage, slander, or defame, directly or indirectly, Company or its principals, agents, oﬃcers, owners, directors or employees whether during the Term or after termination of this Agreement; this shall apply, without limitation, to all forms of social media and online forums. Nothing herein shall prevent a party from making any truthful statement in connection with a legal proceeding or with an investigation by a governmental authority.
6.0 Use of Likeness Consent. I hereby consent to be interviewed, recorded, photographed, videotaped or filmed by representatives of the Company, for purposes of publication, display or broadcast (print, web, digital display and all other forms of media).
I agree that such interviews, recordings, articles, quotes, photographs, films, audio or video and/or any reproductions of same in any form, are the property of the Company, and I relinquish any present or future claim for reimbursement for said photographic or film reproduction of my likeness or for said testimonials by me.
I hereby release the Company, its affiliates, employees, representatives and agents from any and all claims, demands, costs and liability that may arise from the use of these interviews, recordings, photographs, videotapes or films, and/or any reproductions of same in any form, as described above, arising out of being interviewed, recorded, photographed, videotaped or filmed.
I acknowledge that I have read this consent form in its entirety, or it has been read (or translated) to me, and I have had the opportunity to ask questions about it and understand it.
7.0 Governing Law. This agreement and the transactions contemplated by this agreement are governed by the law in force in the jurisdiction of the State of Florida, USA.
EXECUTED AGREEMENT: by signing below Client agrees to be bound by the terms of this Agreement.
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Signed by Alex Fedotoff
Signed On: March 25, 2022
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Document Name: ESS 2.0 PLUS Participation Agreement
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