Affiliate University Service Agreement

AFFILIATE UNIVERSITY PROGRAM
SERVICE AGREEMENT

User Agreement for Affiliate University 52-Week Program

IMPORTANT: THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY SIGNING THIS AGREEMENT, OR PURCHASING, ACCESSING OR USING ANY MATERIALS PROVIDED BY BEST HOUR OF THEIR DAY, LLC AN OHIO LIMITED LIABILITY COMPANY (“BEST HOUR OF THEIR DAY”), INCLUDING ANY PROPRIETARY MATERIALS, WHICH INCLUDE ANY AUDIO AND/OR VISUAL PRESENTATIONS, AND/OR PROGRAMS ASSOCIATED WITH THIS AGREEMENT, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AFFIRM THAT IF YOU SIGN THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THE TERMS OF THIS AGREEMENT.

YOU MAY NOT ENTER INTO THIS AGREEMENT IF YOU (i) DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, (ii) ARE NOT AT LEAST 18 YEARS OF AGE, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THE PROGRAM OR ANY OF THE PROGRAM’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF AFFILIATE UNIVERSITY’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH AFFILIATE UNIVERSITY, AND CONTACT US IMMEDIATELY AT [email protected].

This Service Agreement (this "Agreement") is made effective as of the service purchase date (the "Effective Date"), by and between the individual who is signing up for Affiliate University ("YOU"), and BEST HOUR OF THEIR DAY.

WHEREAS, BEST HOUR OF THEIR DAY is engaged in the business of teaching multiple skills including but not limited to sales, marketing, and operations techniques intended to help individuals grow their fitness and health improvement business (“Coaching Services”).

WHEREAS, YOU desire to engage BEST HOUR OF THEIR DAY to provide Coaching Services to YOU in multiple formats including, but not limited to, audio and/or visual presentations, exercises, live group coaching calls and periodic personal coaching and evaluation (“Training Methods”).
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

SECTION 1: MEMBERSHIP AND PROGRAM FEES

1.1. Program. Under the terms of this Agreement, BEST HOUR OF THEIR DAY agrees to provide Coaching Services using the Training Methods to YOU for 52 weeks (the “Program”) in exchange for a fee (the “Program Fee”), which will be determined according to Paragraph 1.2 below. Your access to the Program is conditional on BEST HOUR OF THEIR DAY’s receipt of the Program Fee.

1.1.1. Term. This Agreement will commence upon YOUR acceptance of this Agreement and payment of the Program Fee. YOU agree and understand that upon commencement of this Agreement, you will become enrolled in the Program, which will conclude in 52 weeks (the “Initial Term”).

1.1.2. Termination. BEST HOUR OF THEIR DAY may immediately terminate this Agreement at any time in its sole discretion upon written notice to YOU, which may be sent via email. Notwithstanding anything to the contrary herein or otherwise, the provisions of this Agreement concerning indemnification, non-disclosure, Confidential Information, Intellectual Property, disclaimer of warranties, and limitation of liability, as well as any other provision that, in order to give proper effect to its intent, should survive the termination of this Agreement, shall survive the termination of this Agreement.

1.2. Program Fee. By entering into this Agreement, YOU agree and understand that you are committing to pay BEST HOUR OF THEIR DAY either:

One (1) Payment of $16,500.00 paid directly through our payment portal

Or $19,500.00 paid through our third-party financing provider, Rigquipment.

The Program Fee is for 52 weeks of access to Live Coaching Calls and indefinite access to the Online Program materials of the version of the program you purchased as long as the program remains active on Affiliate University.

1.2.1 Discounts and Promotions. All prices, discounts, and promotions related to the Program posted on BEST HOUR OF THEIR DAY’S website, found at https://www.besthouroftheirday.com/ (the “Website”), any other website, or other marketing materials are subject to change without notice. The price charged for the Program will be the price advertised on the Website at the time you sign up for the Program, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

1.3. Promotional Material. Except as provided in Section 1.3.1, BEST HOUR OF THEIR DAY will not share YOUR name and any specific business information, achievements or challenges for promotional materials without prior consent from YOU. Our Privacy Policy, found at https://www.besthouroftheirday.com/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services from BEST HOUR OF THEIR DAY.

1.3.1 SOCIAL MEDIA SHARING. You agree to allow BEST HOUR OF THEIR DAY to share information that we collect via both small and large group coaching calls, written feedback surveys and community posts on our social media channels and podcasts.

1.4. No Refunds. Except to the extent provided in Section 1.4.1 of this Agreement, BEST HOUR OF THEIR DAY abides by a strict no-refund policy . By entering into this Agreement, YOU agree and understand that YOU are permanently waiving the right seek or claim any refund of the Program Fee. YOU further acknowledge, represent, warrant and agree that, by entering into this Agreement, YOU are taking full responsibility for YOUR own success and therefore, except as provided in Section 1.4.1, YOU will not request a refund.

1.4.1 Limited Money Back Guarantee. BEST HOUR OF THEIR DAY OFFERS A LIMITED MONEY BACK GUARANTEE FOR 10 DAYS FROM YOUR ACCEPTANCE OF THIS AGREEMENT AND PAYMENT OF THE PROGRAM FEE. THE LIMITED MONEY BACK GUARANTEE IS ONLY AVAILABLE TO PEOPLE SIGNING UP FOR THE PROGRAM FOR THE FIRST TIME. TO RECEIVE A REFUND UNDER THE LIMITED MONEY BACK GUARANTEE, YOU MUST: (i) PARTICIPATE IN YOUR WELCOME CALL WITH AN AFFILIATE UNIVERSITY STAFF MEMBER; (ii) PARTICIPATE IN AN INITIAL 1-ON-1 STRATEGY CALL WITH AN AFFILIATE UNIVERSITY STAFF MEMBER; (i) PARTICIPATE IN AT LEAST 1 SMALL GROUP COACHING CALL); AND (iv) NOTIFY BEST HOUR OF THEIR DAY OF YOUR DESIRE TO EXIT THE PROGRAM BY EMAILING [email protected] WITHIN 10 DAYS FROM YOUR ACCEPTANCE OF THIS AGREEMENT AND PAYMENT OF THE PROGRAM FEE. BEST HOUR OF THEIR DAY WILL REFUND ANY AMOUNTS YOU HAVE PAID TO US FOR THE PROGRAM FEE. SHIPPING, HANDLING, INSURANCE FEES, AND FEES FOR SERVICES THAT HAVE BEEN PERFORMED (INCLUDING APPLICABLE SALES TAXES), AND ANY EXPENSES INCURRED BY BEST HOUR OF THEIR DAY FOR ANY PROMOTIONAL OFFER WILL BE DEDUCTED FROM YOUR REFUND. IF YOU HAVE ENTERED INTO AN AGREEMENT WITH RIGQUIPMENT FINANCE, LLC (“RIGQUIPMENT”) TO FINANCE YOUR PROGRAM FEE, YOU WILL NOT RECEIVE A REFUND FROM BEST HOUR OF THEIR DAY. BEST HOUR OF THEIR DAY WILL COMMUNICATE YOUR DECISION TO EXERCISE YOUR RIGHTS UNDER THIS MONEY BACK GUARANTEE TO RIGQUIPMENT AND WILL REFUND TO RIGQUIPMENT ANY AMOUNTS RECEIVED FROM RIGQUIPMENT FOR YOUR PROGRAM FEE. IN MOST CASES, THIS REFUNDED AMOUNT WILL SATISFY YOUR OBLIGATIONS UNDER YOUR FINANCING AGREEMENT. HOWEVER, YOU REMAIN SOLELY RESPONSIBLE FOR ANY OBLIGATIONS UNDER YOUR FINANCING AGREEMENT NOT SATISFIED BY THE REFUNDED AMOUNT. BEST HOUR OF THEIR DAY IS NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY FOR, ANY FINANCING ARRANGEMENT BETWEEN YOU AND RIGQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ISSUES ARISING FROM YOUR DECISION TO EXERCISE YOUR RIGHT TO THE MONEY BACK GUARANTEE. PLEASE ALLOW A REASONABLE AMOUNT OF TIME TO PROCESS ANY REFUND COMING FROM BEST HOUR OF THEIR DAY. THE LIMITED MONEY BACK GUARANTEE IS NOT A WARRANTY. BEST HOUR OF THEIR DAY MAY CHANGE OR CANCEL IT AT ANY TIME BEFORE ACCEPTING YOUR ENROLLMENT IN THE PROGRAM. THE LIMITED MONEY BACK GUARANTEE FOR INTERNATIONAL CLIENTS IS THE SAME AS FOR CLIENTS WITHIN THE UNITED STATES.

1.5. Commitment to the Program. By entering into this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program to the best of YOUR ability. YOU further agree to attend a minimum of 2 weekly scheduled group coaching calls, and all 1-on-1 coaching sessions included as part of the Program. YOU also acknowledge that creating results requires tremendous effort and that YOU are prepared and committed to faithfully make that effort.

SECTION 2: INDEMNIFICATION AND NO WARRANTIES

2.1. Success not Guaranteed. By entering into this Agreement, YOU agree and understand that BEST HOUR OF THEIR DAY is only granting YOU access to the Program, which attempts to teach YOU sales and marketing techniques intended to help YOU grow YOUR business. BEST HOUR OF THEIR DAY guarantees no specific results. YOU take full responsibility for YOUR own success. YOU acknowledge that everyone's success is different and depends on numerous factors, including, but not limited to, YOUR own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of YOUR own earnings or success, and YOU should not rely upon them in any manner whatsoever. Please be aware that YOU may experience loss of income by using the Program. In other words, YOU are completely and totally responsible for YOUR own success, and there is a risk YOU may lose money.

2.2. Extension Periods.

2.2.1. Definitions.
(a) “Date of Measurement” means that date upon which the return on investment will be measured. The original Date of Measurement will be at the end of the Initial Term. Subsequent Dates of Measurement will be at the end of each Extension Period.

(b) “Incremental Revenue” means the amount that YOUR gross revenue between the start of the Initial Term and ending on the Date of Measurement exceeds YOUR annualized monthly revenue from the full month prior to the start of the Initial Term.

(e) “Participation Requirements” means, for the entire period starting on YOUR commencement in the Program through the relevant Date of Measurement, YOU have: (i) participated in all 1-on-1 coaching sessions; (ii) attended at least one weekly small group coaching call two out of the four weeks each month; (iii) listened to all audio content assigned by YOUR coach; (iv) watched all visual content assigned by YOUR coach; (v) completed all homework assignments assigned by YOUR coach.

(f) “Extension Period” is an additional 26-week period during which YOU will continue to have full access, at no additional charge, to the Program.

2.2.2 Qualifying for Extension Periods. BEST HOUR OF THEIR DAY will provide you with an Extension Period if, as of a Date of Measurement: (i) YOU have met all Participation Requirements, and (ii) upon the Date of Measurement, YOU have not recognized a Positive ROI. BEST HOUR OF THEIR DAY will continue to offer YOU additional Extension Periods, as long as you continue to meet the Participation Requirements, until YOU: (y) recognized a Positive ROI on a Date of Measurement, or (z) YOU elect not to continue in the Program.

2.2.3. Termination for Dishonesty. This Agreement will terminate immediately if BEST HOUR OF THEIR DAY has reasonable cause to believe that YOU are engaging in any form of dishonesty that would impact YOUR qualification for an Extension Period. Nothing in this Section 2.2.3 is meant to limit BEST HOUR OF THEIR DAY’S right to terminate this Agreement as provided in Section 1.1.2.

2.3. Disclaimer of All Warranties. THE PROGRAM, ALONG WITH ANY ANCILLARY SERVICE, IS BEING PROVIDED “AS IS”, WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. BEST HOUR OF THEIR DAY HEREBY DISCLAIMS, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

2.4. Third Party Products. Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Program. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

2.5. Limited Liability.
2.5.1. No Indirect Damages. IN NO EVENT WILL BEST HOUR OF THEIR DAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOSS OF DATA, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCTS LIABILITY OR OTHERWISE, EVEN IF BEST HOUR OF THEIR DAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATIONS HEREIN DESCRIBED SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

2.5.2. Maximum Liability. IN NO EVENT SHALL BEST HOUR OF THEIR DAY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PROGRAM.

SECTION 3: CONFIDENTIALITY

3.1. Confidentiality. Subject to the terms and conditions herein, only YOU are being granted access to the Program, and during the Program you will be exposed to BEST HOUR OF THEIR DAY’S proprietary and/or confidential information (collectively “Confidential Information”). Unless specifically and expressly authorized by this Agreement, YOU shall not use, teach, sell, disclose, reveal, provide or make available to any third party any of BEST HOUR OF THEIR DAY’s Confidential Information, including, but not limited to, materials (whether in electronic form or made available to YOU in private social media groups, or otherwise), documentation, techniques, formulas, methods, processes, algorithms, code, software, designs, uses, apparatuses, notes, trade and service marks, trade dress, trade secrets, images, video, audio, intellectual property, or any login member credentials. YOU warrant, represent, and agree to (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as YOU use to avoid unauthorized use, disclosure, or dissemination of YOUR own confidential information of a similar nature, but not less than reasonable care; and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement. BEST HOUR OF THEIR DAY (or its licensor) shall at all times retain all rights, ownership, title, and interest in any Confidential Information.

3.2 Intellectual Property. YOU acknowledge that BEST HOUR OF THEIR DAY will remain the sole and exclusive owner of any and all intellectual property, including -- but not limited to, Confidential Information, audio and visual presentations, documentation, images, designs, works made for hire, marks, trademarks, trade secrets, and any other materials or elements associated with the Program and/or the Training Methods (collectively, the “Intellectual Property”). YOU further acknowledge and agree that, as between YOU and BEST HOUR OF THEIR DAY, BEST HOUR OF THEIR DAY and its third-party licensors own and shall continue to own all right, title, and interest in and to the Intellectual Property. Except for the limited, revocable license expressly granted to YOU herein, this Agreement does not grant YOU any ownership or other right or interest in or to any Intellectual Property or any intellectual property rights of BEST HOUR OF THEIR DAY, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that BEST HOUR OF THEIR DAY uses in connection with services rendered by BEST HOUR OF THEIR DAY are marks owned by BEST HOUR OF THEIR DAY. This Agreement does not grant YOU any right, license, or interest in such marks or Intellectual Property, and YOU shall not assert any right, license, or interest in such marks or Intellectual Property that are confusingly similar thereto.

SECTION 4: MISCELLANEOUS

4.1. Assignment. The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement. Any purported assignment in violation of this Section shall be null and void.

4.2. Indemnification. YOU will, at YOUR own expense, defend, indemnify, and hold BEST HOUR OF THEIR DAY, its officers, members, managers, agents, attorneys and employees, harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of, related to, or in connection with YOU being granted access to the Program and/or BEST HOUR OF THEIR DAY’s provision of any service.

4.3 Force Majeure. BEST HOUR OF THEIR DAY shall not be liable or responsible to YOU, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond BEST HOUR OF THEIR DAY’S control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the control of the BEST HOUR OF THEIR DAY.

4.4. Integration. This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and BEST HOUR OF THEIR DAY concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, promise or understanding relating to the Program, whether oral or written. YOU represent, warrant and agree that YOU are not relying upon any prior proposal, sales call, representation, promise or understanding relating to the Program, whether oral or written.

4.5. Modification. This Agreement is modifiable only by a duly signed written instrument.; however, BEST HOUR OF THEIR DAY reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.besthouroftheirday.com

4.6. Waiver; Binding Effect; Counterparts. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of BEST HOUR OF THEIR DAY, its officers, members, managers, agents, or employees, except by duly signed written instrument. The failure of BEST HOUR OF THEIR DAY to enforce any provision of this Agreement shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the enforcement of any other provision. The Parties represent and warrant that they are authorized to execute this Agreement and that this Agreement and all of its terms and provisions shall be binding upon and insure to the benefit of the Parties and their heirs, legal representatives, successors, and assigns. The Parties further agree that this Agreement may be executed in any number of counterparts, all the counterparts shall be deemed to constitute one instrument, and each counterpart shall be deemed an original. Facsimile and pdf copies of signatures shall serve as originals.

4.7. Governing Law and Jurisdiction. This Agreement and any disputes relating to this Agreement shall be governed and construed in accordance with the laws of the United States of America and the State of Colorado, without regard for its conflicts of laws principles. Jurisdiction and Venue for any dispute concerning, involving, or in any way related to this Agreement shall lie exclusively in the federal and state courts of Colorado, located in the County of Jefferson. The Parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such courts in any action or proceeding. However, this Agreement and/or any court order or judgment arising out of or related hereto shall be enforceable in every state and worldwide.

4.8. Equitable Remedies. In the event of a breach or threatened breach by YOU of any of the provisions of this Agreement, YOU hereby consent and agree that BEST HOUR OF THEIR DAY shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

4.9. No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than YOU.

4.10. Enforceability; Severability; Construction. If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.. The section and other headings in this Agreement are included as a matter of convenience and are not a part of this Agreement. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments hereto.

4.11. Notices.

4.11.1. To You. BEST HOUR OF THEIR DAY may provide any notice to YOU under this Agreement by: (i) sending a message to the e-mail address YOU provide or (ii) posting to the Website. Notices sent by e-mail will be effective when BEST HOUR OF THEIR DAY sends the e-mail and notices BEST HOUR OF THEIR DAY provides by posting will be effective upon posting. It is YOUR responsibility to keep your e-mail address current.

4.11.2 To Us. To give BEST HOUR OF THEIR DAY notice under this Agreement, YOU must contact us as follows: (i) by personal delivery, or by email sent to [email protected]. BEST HOUR OF THEIR DAY may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

4.12. Relationship of the Parties. The parties shall be independent contractors pursuant to this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party, by virtue of this Agreement, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of the other party.

4.13. Attorneys’ Fees and Legal Expenses. If BEST HOUR OF THEIR DAY is required to bring any proceeding or action to recover any amount under this Agreement, or for or on account of any breach by YOU hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, BEST HOUR OF THEIR DAY shall be entitled to recover from YOU, as part of BEST HOUR OF THEIR DAY’S costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).

BY PURCHASING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.

Affiliate University Service Agreement

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