Terms of Service
DARRYL DAVIS POWER PROGRAM AGREEMENT
This Power Agent® Membership Agreement (the “Agreement”) is entered into and made effective upon agreement and purchase by and between Darryl Davis Seminars, Inc. (“Company”) and the user (“Member”). Company and Member are collectively referred to herein as, the “Parties”. Member and Company wish to set forth herein the terms and conditions pursuant to which the Member will engage the Company to provide The Power Program® services to Member which are focused on assisting Members in achieving their personal and professional goals with respect to the Member’s profession. Therefore, in consideration of the mutual promises contained in this Agreement, the Parties agree as follows:
POWER PROGRAM SERVICES
The Power Program® Services to be provided to Members under this Agreement are as follows*:
- Weekly Coaching Sessions
- Access to Classroom – a web-based resource center for marketing tools, training, interviews, webinars, magazines, forms, scripts, and other resources
- Access to the exclusive Facebook group for discussion and collaboration
POWER PROGRAM IXACT CONTACT CRM/SOCIAL STREAM SERVICES
The Power Program IXACT CONTACT CRM & Social Stream Access to be provided to Members under this Agreement are as follows*:
- MUST be a Power Agent® Member
- Access to Power Agent® Ixact Contact CRM and automated Social Stream Services through an integrated portal with Ixact Contact, LLC.
Initial payment for 30-day trial of The Power Program® Services is $5. After the 30-day trial is over, Member agrees that billing will automatically roll over into $47/month, until membership is canceled before billed. In exchange for The Power Program® Services to be provided by Company to Member, Member agrees to pay to Company the predefined amount per month for each month of the Term (defined below) of this Agreement which will be automatically charged to Member’s designated credit card. If payment due under this Agreement is not received per the credit card authorization herein below, The Power Program® Services will be suspended until all payments due have been received by Company. Pricing is subject to change with 30 days written notification. No refunds or pro-ration will be issued.
TERM OF AGREEMENT
The term (“Term”) of this Agreement shall begin on the effective date of the agreement. Program and Agreement will continue on a month-to-month basis (30-day billing cycle) unless terminated by either of the Parties. Termination may be done by in writing by emailing email@example.com or by phoning 800-395-3905 ext 704 prior to any monthly billing. Once a billing cycle charge has been incurred, there are no refunds or prorated billing for unused portions of that membership cycle, either partial or in full. Access to the Classroom will terminate on the day of termination. Termination will coincide with the date of request. Termination cannot be postdated. Member acknowledges that failure to log in or use membership benefits does not allow for a refund to be issued.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
Member acknowledges and agrees that Darryl Davis Seminars, Inc. (or its licensors where applicable) own all right, title, and interest in and to The Power Program®, Power Agent®, any and all works of authorship, text, materials, content, ideas, concepts, images, videos, designs, logos, graphics, and audio of all webinars and podcasts, and any and all related intellectual property rights, whether registered, unregistered, granted, applied for, or otherwise now or hereafter in existence, made available through The Power Program® (whether on The Power Program® website, at a Darryl Davis Seminars, Inc. live training event, or otherwise) (collectively, “The Power Program® Materials”).
When you are given access to The Power Program® Materials, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to use The Power Program® Materials. Username and password information to access The Power Program® Materials contained on the website are for Member’s exclusive use only and are not to be used by non-paying members. Member agrees that in using The Power Program® Materials, Member will not use any trademark, service mark, trade name, or logo of Darryl Davis Seminars, Inc. in a way that is likely or intended to cause confusion about the owner of such marks, names, or logos.
Upon termination or cancellation of Member’s membership, Member shall cease use of The Power Program® Materials (including, but not limited to, the Power Agent® and The Power Program® registered trademarks) and all rights and licenses granted to the Member pursuant to this Agreement shall cease.
NO LEGAL OR FINANCIAL ADVICE
Member acknowledges and agrees that Company does not and will not provide legal and/or financial advice to Member. Member further acknowledges and agrees that the Darryl Davis Seminars or any of its employees or representatives are not and shall not be construed as legal, financial advice and are not intended to replace consultation with a qualified professional and/or Member’s broker. Member further acknowledges and agrees that Company is not a principal, agent nor supervisor of Member. As such, Member further acknowledges and agrees that all actions taken by Member that relate to Member’s business, clients, and Member’s related real estate transactions shall be conducted in accordance with the directions given to Member by their Principal broker and under the Code of Ethics and rules that govern their state and national licensing.
Member agrees to release and hold harmless Company, its past, present and future officers, directors, staff, employees, agents, insurers and attorneys from all liability, known or unknown that arises from or is any way associated with the Coaching Services and corresponding advice and guidance given by Company. Member agrees to defend, indemnify and hold harmless Company, its past, present and future officers, directors, staff, employees, agents, insurers and attorneys from any and all claims, losses, damages, injuries, attorney fees and liabilities arising from or on account of the Coaching Services and corresponding advice and guidance given by Company and Company’s officers, directors, staff, employees, and agents.
Your member directory is designed to create a platform to connect with fellow agents, refer business, and create networking opportunities.
However, Members are strictly forbidden from solicitation and recruitment, including but not limited to, unrequested/opt-in messaging via phone or email.
By becoming a Power Agent®️, you agree to share your personal contact information for the purposes of connection and referrals with fellow members. Know that we do not share or sell your information. You may opt-out of the directory at any time.
PHOTO, VIDEO, AND AUDIO CONSENT AND RELEASE AGREEMENT:
- I hereby irrevocably give Darryl Davis Seminars, Inc. (the "Company") my consent, permission, and grant to Company the right to record, film and photograph me (the "Recording"). I understand I will receive no compensation in return for such consent.
- I hereby irrevocably grant and license to Company and its respective affiliates, directors, officers, members, managers, agents, employees, assigns, and contractors (collectively, "Authorized Persons") the rights to use, digitize, edit, modify, alter, create derivative works, display, exhibit, broadcast, reproduce, otherwise use, and permit others to use, the Recording, including my name, image, likeness, appearance, and voice as they appear in the Recording, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created.
- Further, I hereby irrevocably permit, authorize, and license Company and the Authorized Persons to identify me by name and use my name, likeness, appearance, voice, professional and personal biographical information, and all materials created by or on behalf of Company that incorporate any of the foregoing (collectively, the "Materials"), for promotional, advertising, or commercial purposes, or any other legal business purpose as determined by Company whatsoever in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created.
- I understand and agree that I am to receive no compensation of any kind, monetary or otherwise, on account of or arising from the production, publication, recording, rebroadcasting, or other use of such Materials, but that I have nonetheless received adequate consideration for my agreement to this release, most notably the potential publicity and promotional value to me from Company’s possible display, publication, or other use and dissemination of my content.
- I agree that Company is and will be the sole and exclusive owner of all right, title, and interest in and to the Recording, and the Materials, including all copyrights and other intellectual property rights therein, in perpetuity throughout the universe. I shall, and hereby do assign, transfer, and otherwise convey to Company, irrevocably and in perpetuity, throughout the universe, all of my right, title, and interest, if any, in and to the Recording and the Materials, including all copyright and other intellectual property rights, and irrevocably waive any and all claims I may now or hereafter have in any jurisdiction to so-called "moral rights" in the Recording and the Materials.
- I acknowledge and agree that Company has no liability to me for any editing or alteration of the Recording, or the Materials, or for any distortion or other effects resulting from Company's editing, alteration, or use of the Recording, or the Materials, or Company's presentation of me. I hereby waive any right that I may have to inspect and/or approve the final Materials or the copy that may be used in connection therewith, wherein the Recording appears, or the use to which it may be applied.
- To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims") arising directly or indirectly from the Authorized Persons' exercise of their rights under this agreement or the production, exhibition, advertising, promotion, or other use of the Recording, and/or the Materials, and forever release and discharge the Authorized Persons from liability under such Claims. I will not have the right to enjoin or interfere with the production, distribution, advertising, or promotion of the Recording, or the Materials.
- I am at least eighteen (18) years of age. I have read the foregoing and fully understand its contents. This release shall be binding upon me, my heirs, legal representatives, and assigns.
- This agreement shall be governed in accordance with the laws of the State of Florida, without regard to any principles of conflict of laws.