Terms and Conditions
Overview

BY VISITING MATSGOLDBERG.COM OR ANY OF THE ASSOCIATED PRODUCT WEBSITES (SUCCESSFULMARKETINGSUMMIT.COM, , MATSGOLDBERG.CLICKFUNNELS.COM), COLLECTIVELY "SITES", YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.

The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Sites. The term "Services" refers to products and services offered by Mats Goldberg, including but not limited to, a blog, email series, books, ebooks, coaching packages, programs and online courses hosted on any of Mats Goldberg's Sites.

Use of any of Mats Goldberg's Sites, including all materials presented herein and all online Services provided by Mats Goldberg, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Sites. By using the Sites or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Sites and Services

To access or use the Sites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Sites. Information provided on the Sites and in the Services related to infopreneurship and other information are subject to change. Mats Goldberg makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Mats Goldberg disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Account Creation

In order to use the Sites and Services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Mats Goldberg will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.

Lawful Purposes

You may use the Sites and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase services or products through the Sites for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Refusal of Service

The Services are offered subject to Mats Goldberg's acceptance of your order or requests. Mats Goldberg reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by Mats Goldberg until payment has been processed. Mats Goldberg may at any time change or discontinue any aspect or feature of the Sites or Services, subject to Mats Goldberg fulfilling previous responsibilities to you based on acceptance of your payment.

Order Confirmation

Mats Goldberg will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform Mats Goldberg as soon as possible.

Cancellations, Refunds & Returns

Terms and conditions of pre-paid coaching packages will be governed by contract agreement entered into between you and Mats Goldberg.

Refunds for purchases of the Successful Marketing Summit All-Access Pass hosted at SuccessfulMarketingSummit.com are not issued.

Product Description

Mats Goldberg endeavors to describe and display the Sites and Services as accurately as possible. While Mats Goldberg tries to be as clear as possible in explaining the Sites and Services, please do not accept that the Sites' and Services' descriptions are entirely accurate, current, or error-free. From time to time Mats Goldberg may correct errors in pricing and descriptions. Mats Goldberg reserves the right to refuse or cancel any order with an incorrect price listing.

Material You Submit to the Sites

You shall not upload, post or otherwise make available on the Sites any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Sites, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

Intellectual Property Rights to Your Materials

Mats Goldberg claims no intellectual property rights over the material you supply to Mats Goldberg. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Sites or Services. Content you submit to Mats Goldberg remains yours to the extent that you have any legal claims therein. You agree to hold Mats Goldberg harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Sites, you grant Mats Goldberg a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

Mats Goldberg's Intellectual Property

The Sites and Services contain intellectual property owned by Mats Goldberg, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites' or Services' Content or intellectual property, in whole or in part, without Mats Goldberg's prior written consent. Mats Goldberg reserves the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Trademarks

Amazon, Amazon.com, Amazon Prime, Amazon Standard Identification Number (ASIN), Kindle, and Goodreads are trademarks of Amazon.com, Inc. 
Barnes & Noble, Barnes & Noble Booksellers, and Nook are trademarks of Barnes & Noble, Inc. 
Facebook is a trademark of Facebook, Inc. 
Android, Google Play, Google, Gmail, the Google Logo, Google Chrome, Google Maps, Google Talk, YouTube and other marks are trademarks of Google, Inc. 
iBooks, iBookstore and iTunes are trademarks of Apple, Inc. 
Instagram is a trademark of Instagram, Inc. 
Kobo is a trademark of Rakuten Kobo, Inc. 
LinkedIn is a trademark of LinkedIn Corporation. 
Smashwords is a trademark of Smashwords, Inc. 
Twitter is a trademark of Twitter, Inc. 
All other trademarks displayed on the Sites are the intellectual property of their respective owners.

Changed Terms

Mats Goldberg may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by Mats Goldberg posting the new Terms and Conditions on this Site. Any use of the Sites or Services by you after being notified means you accept these amendments. Mats Goldberg reserves the right to update any portion of the Sites and Services, including these Terms and Conditions, at any time. Mats Goldberg will post the most recent versions to this Site and list the effective dates below the Terms and Conditions section.

Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL MATS GOLDBERG BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, MATS GOLDBERG IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MATS GOLDBERG HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MATS GOLDBERG’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED FROM MATS GOLDBERG, AND IF NO PURCHASE HAS BEEN MADE BY YOU MATS GOLDBERG’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Third Party Resources

The Sites and the Services contain links to third party websites and resources. You acknowledge and agree that Mats Goldberg is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Mats Goldberg. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold Mats Goldberg harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Sites or Services. You shall provide Mats Goldberg with such assistance, without charge, as Mats Goldberg may request in connection with any such defense, including, without limitation, providing Mats Goldberg with such information, documents, records, and reasonable access to you, as Mats Goldberg deems necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and Mats Goldberg pertaining to the Sites and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between you and Mats Goldberg. No waiver of any of the provisions of this Agreement by Mats Goldberg shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mats Goldberg.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed via email to Mats Goldberg at himself@matsgoldberg.com.

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of Svea Rikes Lag as applied to contracts that are executed and performed. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Stockholms Tingsrätt, Stockholm, Sweden. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of Stockholms Tingsrätt or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Last Updated: May 22, 2019
Privacy Policy
Overview

Mats Goldberg values the privacy of his visitors and customers, and it is of extreme importance to him. The following privacy policy outlines the types of information received and collected by Mats Goldberg via MatsGoldberg.com and his product websites (including, but not limited to, SuccessfulMarketingSummit.com and MatsGoldberg.ClickFunnels.com), collectively "Sites", and explains how it is used. By visiting any of Mats Goldberg's Sites, you are automatically consenting to the privacy policy as outlined below.

The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Sites. Use of the Sites, including all materials presented herein and all online products and services provided by Mats Goldberg, is subject to the following privacy policy. This privacy policy applies to all Site visitors, customers, and all other users of the Sites and associated products. By using any of Mats Goldberg's Sites, you agree to this privacy policy, without modification, and acknowledge reading it.

If you have any questions or concerns regarding this privacy policy or information collection and storage methods, please email Mats Goldberg at himself@matsgoldberg.com.

Personal Information

Mats Goldberg only collects the personal information you voluntarily provide to her, which may include, but is not limited to, your name, email address, and home address. The information you provide is used to process transactions, send periodic emails, and improve the service Mats Goldberg provides. Mats Goldberg does share your information with trusted third parties who assist her in operating her Sites, conducting her business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with or sold to unrelated third parties, unless so clearly stated at the time of your registration. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Mats Goldberg to disclose your personal information.

Anonymous Information

Activity
Mats Goldberg may record information relating to your use of her Sites, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. Mats Goldberg uses this type of information to administer these Sites and provide the highest possible level of service to you. Mats Goldberg also uses this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Sites. 

Cookies
Mats Goldberg may send cookies to your computer in order to uniquely identify your browser and improve the quality of her service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing her Sites. Mats Goldberg may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of Mats Goldberg's Sites may not work properly or at all. Mats Goldberg's Sites do not respond to "Do Not Track" signals sent by your browser. 

Error: The domain MATSGOLDBERG.COM is not authorized to show the cookie declaration. Please add it in the cookie manager to authorize the domain.

Third Party Links

Mats Goldberg's Sites may contain links to third party websites. Except as otherwise discussed in this privacy policy, this document only addresses the use and disclosure of information Mats Goldberg collects from you on his Sites. Other websites accessible through his Sites via links or otherwise have their own policies in regard to privacy. Mats Goldberg is not responsible for the privacy policies or practices of third parties.

Security

Mats Goldberg maintains security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While Mats Goldberg makes every effort to protect your personal information shared with him through her Sites, you acknowledge that the personal information you voluntarily share with Mats Goldberg through his Sites could be accessed or tampered with by a third party. You agree that Mats Goldberg is not responsible for any intercepted information shared through his Sites without his knowledge or permission. Additionally, you release Mats Goldberg from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

Children

To access or use Mats Goldberg's Sites, you must be 18 years old or older and have the requisite power and authority to enter into this privacy policy. Children under the age of 18 are prohibited from using Mats Goldberg's Sites. Mats Goldberg does not knowingly collect personal information from children under the age of 18. If Mats Goldberg learns that personal information of any children under 18 has been collected, he will take steps to delete this information as soon as possible.

Updating Your Information

You may access and correct your personal information and privacy preferences by contacting Mats Goldberg via email at himself@matsgoldberg.com.

Changes to This Policy

You acknowledge and agree that it is your responsibility to review Mats Goldberg's Sites and this privacy policy periodically and to be aware of any modifications. Mats Goldberg will notify you of any changes to this privacy policy by posting those changes on this page.

Last Updated: May 22, 2019
Disclaimers
General

MatsGoldberg.com, the affliated blog and email series, and affiliated products (including, but not limited to, ebooks, coaching packages and courses hosted at SuccessfulMarketingSummit.com and MatsGoldberg.ClickFunnels.com, collectively "Products") are educational and informational resources for business owners. They are not substitutes for working with a business consultant or other professional. Mats Goldberg cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. Mats Goldberg makes no guarantees about the information and recommendations provided herein. By continuing to use, read, watch, and participate in MatsGoldberg.com and the associated blog, email series and Products, you acknowledge that Mats Goldberg cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within his control. Therefore, following any information or recommendations provided on MatsGoldberg.com, its affiliated blog, email series and Products are at your own risk. If you need business advice, you should hire a business consultant or other professional.

Product Descriptions

Mats Goldberg aims to describe and display his Products as accurately as possible. However, he cannot guarantee that the features of each Product will be completely accurate. Likewise, Mats Goldberg cannot guarantee their uses for your particular circumstances and purposes. Please do not accept that the Product descriptions contained on MatsGoldberg.com and affiliated Product websites (including, but not limited to, SuccessfulMarketingSummit.com and MatsGoldberg.ClickFunnels.com, collectively "Sites") are entirely accurate, current, or error-free. Occasionally, Mats Goldberg may correct errors in pricing and merchandise descriptions.

Affiliate Links

Some of the links contained on or within MatsGoldberg.com, the affiliated blog, email series and affiliated Products are affiliate links. This means that he may receive a commission if you click on one of these affiliate links and make a purchase from the affiliate. Mats Goldberg only recommends products and services that he knows or trusts to be of high quality, whether an affiliate relationship is in place or not.

Last Updated: May 22, 2019
Affiliate Agreement
Overview

BY APPLYING FOR ACCEPTANCE INTO ANY OF MATS GOLDBERG'S AFFILIATE PROGRAMS, YOU ARE CONSENTING TO THE FOLLOWING AFFILIATE AGREEMENT.

In consideration of Mats Goldberg (“Company”) maintaining an Affiliate Program for its online courses and products; SuccessfulMarketing.com, and you, the "Affiliate" desiring to participate in the Affiliate Program, it is agreed as follows:

1. Enrollment

In order to enroll in the Company Affiliate Program, Affiliate must complete an application form for each website through which Affiliate desires to promote the products and services sold through the Affiliate Program. Applicant agrees that any registration information provided to the Company will always be accurate, correct and up to date and that the account will not be used for any illegal or unauthorized purpose. Applications will be evaluated by the Company and Company reserves the right to deny entrance into its Affiliate program to any applicant that is deemed unqualified for any reason, at Company’s sole and absolute discretion.

2. Term

The term of this Agreement shall be exactly one year from the date of the Affiliate's acceptance into the Company Affiliate Program. At the end of each term, this Agreement will automatically renew for an additional one year term term unless cancelled by either party in accordance with Paragraph 3.

3. Cancellation

Company or Affiliate may cancel this Agreement for any reason by providing 30 days written notice to the other party. Failure to comply with the terms of this Agreement will result in immediate cancellation of this Agreement by the Company and forfeiture by Affiliate of any accrued, unpaid commissions. Company shall pay any pending commissions owed to Affiliate through the cancellation date, if a cancellation of this Agreement occurs for any reason other than a violation of this Agreement on the part of the Affiliate. Upon cancellation by either party, Affiliate’s limited license to use the intellectual property of Company for the purpose of promoting the products and/or services offered through the Affiliate Program, will cease as of the cancellation date.

4. Promotional Materials

Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company’s website, as specified by the Company.

5. Use of Promotional Materials

The Affiliate’s use and display of the Promotional Materials on the Affiliate’s website shall conform to the following terms, conditions and specifications:

1. Affiliate may not use any graphic, textual or other materials to promote Company’s website, products or services other than the Promotional Materials provided by Company, unless Company approved such other materials in writing prior to their display.

2. Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.

3. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials provided by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from the Company for such alteration or modification.

4. The Promotional Materials will be used to link only to Company’s website, to the specific website page specified by Company.

6. Limited License to Use Intellectual Property

Upon acceptance into the Affiliate Program, Company grants the Affiliate a revocable, non-exclusive, worldwide, royalty-free license to use the Promotional Materials provided by Company during the term of this Agreement. The Affiliate may display these materials on the Affiliate’s website for the sole purpose of participating in the Affiliate Program. The Affiliate is prohibited from distributing, reproducing, modifying, amending, or creating derivative works of the Promotional Materials. Upon cancellation by either party, Affiliate’s limited license to use the Promotional Materials for the purpose of promoting the products and/or services offered through the Affiliate Program, will cease as of the cancellation date. Upon the cancellation date, Affiliate must immediately cease any use of the Promotional Material. The Affiliate is not granted a license to use any of the Company’s intellectual property or proprietary material, other than the Promotional Materials discussed above.

7. Commission

Affiliate will be paid a referral fee (“Commission”), for each customer who completes a purchase on the Company website using the unique affiliate link assigned to Affiliate (“Link”). Commissions will be calculated based upon the Gross Sales Price. Gross Sales Price is defined as all payments received by the Company by the sale of the product, but not including any shipping and handling, sales tax, special service fees such as gift wrapping or packaging, late charges, collection costs, imports/export duties, amounts due to credit card fraud, credits given to customers, bad debt write-off and refunded products or services. The Affiliate shall be paid Commissions only on sales that are tracked through the Company’s online tracking system and indicate the Link as the source.

1. The Commission rate will be 50% of the Gross Sales Price of each completed purchase made through the Affiliate’s link and actually paid to the Company for sales of the Successful Marketing Summit All-Access Pass hosted at SuccessfulMarketingSummit.com.

Commissions will be paid to the Affiliate on the following Monday 30 days after a referral purchase is logged. Commissions will be adjusted for orders that are cancelled, returned, or where payment is otherwise refunded to the purchaser. Commissions will also be adjusted for orders that are found to have been placed by the Affiliate for the purposes of receiving discounts. Furthermore, such action on behalf of the Affiliate may results in suspension from the program. All payments will be made to the Affiliate’s PayPal account unless other arrangements are approved by the Company.

8. Customer Service

The Company will handle all aspects of customer service for customers who purchase through the Affiliate’s Link including customer inquiries, product orders, customer billing and collection, product shipment. Company reserves the right to change the Company’s policies and procedures, pricing structure, add or cancel any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the Affiliate or customers purchasing through the Affiliate’s Link.

9. Affiliate Intellectual Property

The Affiliate grants Company a revocable, non-exclusive, worldwide, royalty-free license to use the Affiliate’s trademarks, trade names, service marks, business names, webpage titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing the Affiliate’s participation in the Affiliate Program. The Company has no obligation to announce, advertise, market, or promote the Affiliate participation in the Company Affiliate Program, but reserves the right to do so at its sole discretion.

10. Affiliate's Duties

a. The Affiliate is solely responsible for the development, maintenance and operation of the Affiliate’s website and for placing Links on Affiliate’s website in compliance with the terms of the Affiliate Program.

b. Affiliate is responsible for disclosing that the Links provided on its website or marketed to potential customers by other means are affiliate links in accordance with Section 5 of the Federal Trade Commission Act.

c. Affiliate is responsible for all materials that appear on Affiliate’s website and for ensuring that such items do not infringe upon the rights of any third party including, but not limited to, copyright, trademark, privacy or other proprietary rights.

11. Warranties

a. Company’s Warranties: Company represents, warrants and covenants that Company has full authority to enter into this Agreement and that all of the services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

b. Affiliate’s Warranties: Affiliate represents, warrants and covenants that Affiliate has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Affiliate’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term. The Affiliate represents, warrants and covenants that its website does not and will not contain any materials that are illegal and that the Affiliate’s site is not operated for an illegal purpose or in an illegal manner.

c. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.

12. Limitation of Liability

a. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND

b. IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

c. THE FOREGOING LIMITATIONS IN THIS PARAGRAPH 12 SHALL NOT APPLY TO THE OBLIGATIONS UNDER PARAGRAPHS 6, 9, 13 and 21.

13. Indemnification

The Affiliate hereby indemnifies and holds harmless the Company, its officers, directors, employees, contractors, affiliates, agents, successors and assigns from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Company may incur and which are based in whole or in part upon the Affiliate’s participation in the Affiliate Program, any claims that any of the Affiliate trademarks and other intellectual property and proprietary material infringe upon the rights of any third party, the Affiliate breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to the Affiliate use, operation or the content of the Affiliate’s website.

14. Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

15. Entire Agreement; Modification; Waiver

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

16. Neutral Construction

This Agreement was prepared by Company and/or its counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

17. Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

18. Assignment

This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Affiliate may not assign any of its rights under this Agreement, except to a wholly owned subsidiary entity of Affiliate. No such assignment by Affiliate to its wholly owned subsidiary shall relieve Affiliate of any of its obligations or duties under this Agreement.

19. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day of emailing if properly addressed as follows:

To Company at: Mats Goldberg, himself@matsgoldberg.com

To Affiliate at: the Affiliate's provided email address used in the Affiliate's Application to the Affiliate Program

Any party may change its email address for purposes of this paragraph by giving the other parties written notice of the new email address in the manner set forth above.

20. Governing Law; Venue

This Agreement shall be construed in accordance with, and governed by, the laws of Svea Rikes Lag as applied to contracts that are executed and performed. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Stockholms Tingsrätt, Stockholm, Sweden. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of Stockholms Tingsrätt or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

21. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

22. Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Last Updated: May 23, 2019
Mats David Awesome Goldberg
Mats Goldberg is an award-winning business coach who helps individuals launch and grow profitable online enterprises as “infopreneurs”: respected experts in their fields creating value, generating income and realizing their ideal lifestyles by sharing their life experience, knowledge and passions with others through information products and services.
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