InvisaBlend Training Course Terms & Conditions
Warranty Disclaimer; Limitation of Liability: InvisaBlend/Sequence Inc. disclaims any and all warranties, either express or implied, including without limitation, the implied warranties of merchantability, and fitness for a particular purpose. InvisaBlend/Sequence Inc. does not warrant that the hair InvisaBlend hair Process (the “Process”) will be error free. Due to unknown personal handling outside of a professional, InvisaBlend/Sequence Inc. makes no representations with regard to and is not liable for any shedding, color changes, curl changes, tangling, texture and other changes (the “Changes”) that may occur with the Process after the delivery of the Process to Affiliate (trainee of InvisaBlend Training Course), , hereafter known as “Affiliate” and or Affiliate’s client.
InvisaBlend/Sequence Inc. has knowledge of a confidential, proprietary non-surgical method of adding human hair, and ownership of products related thereto, hereinafter referred to, including both services and products, as “Hair Stranding” and/or InvisaBlend. InvisaBlend/Sequence Inc. has spent extensive time and resources to create Hair Stranding and InvisaBlend.
Affiliate has been allowed to use Hair Stranding and/or InvisaBlend marks and intellectual property, to sell the Hair Stranding and/or InvisaBlend product and service. Affiliate agrees that any and all fees paid by Affiliate towards this agreement are immediately non-refundable due to proprietary and or intellectual information provided by InvisaBlend/Sequence Inc.
InvisaBlend/Sequence Inc. grants to Affiliate a non-transferrable right to the possession and use of Hair Stranding and/or InvisaBlend and to service InvisaBlend/Sequence Inc. proprietary hair addition method. This Agreement shall be valid and enforceable until either party Terminates the Agreement. This Agreement may be modified only by written agreement signed by the parties hereto, and any attempt at oral modification shall be void and of no effect.
In consideration for InvisaBlend/Sequence Inc. granting usage of selling and or servicing Hair Stranding and/or InvisaBlend Affiliate agrees to pay the following cost of each Hair Stranding and/or InvisaBlend hair process (the “Process”) to be 50% of Retail List Price, of which InvisaBlend/Sequence Inc. will supply to Affiliate.
InvisaBlend/Sequence Inc. shall provide to Affiliate a written Retail List Price for Hair Stranding and/or InvisaBlend. The Retail List Price is a price determined by InvisaBlend/Sequence Inc. and which may be changed from time to time at InvisaBlend/Sequence Inc. discretion.
This InvisaBlend Training Course will include the following:
- Videos to use to educate and or sell Affiliate’s prospective Hair Stranding and/or InvisaBlend clients.
- Materials to teach the basics of the Hair Standing and/or the InvisaBlend concept
- How to perform an Hair Stranding and/or InvisaBlend consultation
- How to design Hair Stranding and/or InvisaBlend to be ordered
- How to order through an order form, and how to fill out the order for Hair Stranding and/or InvisaBlend orders.
- The application of Hair Stranding and/or InvisaBlend which includes three attachments, being the Strand Locking attachment, the Extended Wear attachment and the Comb Lock attachment.
- How to maintain Hair Stranding and/or InvisaBlend for Affiliate’s clients.
Affiliate understands and agrees that Affiliate is purchasing a video Training Course with documents and drawings as their Training Course.
InvisaBlend/Sequence Inc. will supply Affiliate with a Customer Purchase Agreement with Terms & Conditions. Affiliate agrees to use this Customer Purchase Agreement for all sales of Hair Stranding and/or InvisaBlend. This Customer Purchase Agreement will contain the name of Affiliate, its address and contact information. The Customer Purchase Agreement is not binding on InvisaBlend/Sequence Inc. but only between the Affiliate and the customer.
On all Hair Stranding and/or InvisaBlend sales pursuant to this Agreement, Affiliate may provide discounts to their customers of up to a maximum 20% off of the Retail List Price, at Affiliate’s discretion. Affiliate shall not make sales pursuant to this Agreement for a lesser amount, without written consent from InvisaBlend/Sequence Inc.
Affiliate agrees to call, name, describe and/or refer to the hair process (the “Process”) for which permission is being granted pursuant to this Agreement, only as Hair Stranding and/or InvisaBlend to all third parties, at all times, unless InvisaBlend/Sequence Inc. notifies Affiliate in writing of any name/brand changes. If InvisaBlend/Sequence Inc. makes such a change, Affiliate agrees, going forwards, to immediately, only use the new name/description in all communications to third parties.
Affiliate agrees to send all marketing or advertising materials or statements to InvisaBlend/Sequence prior to their disclosure to third parties and will only disclose those materials or statements upon written approval from InvisaBlend/Sequence Inc.. Affiliate may acquire marketing materials from InvisaBlend/Sequence Inc. Affiliate agrees to apply, insert and or run any marketing material(s) whatsoever of which InvisaBlend/Sequence Inc. states is necessary at any given time and over any given period.
If Affiliate requires either custom-made, specialized advertising or marketing materials, or an extensive quantity of advertising or marketing materials, Affiliate agrees to only purchase same from InvisaBlend/Sequence Inc., or person or entities proscribed by InvisaBlend/Sequence Inc.. InvisaBlend/Sequence Inc. must approve of all specialized or custom made advertising or marketing materials, prior to their use. InvisaBlend/Sequence Inc. will provide general advertising and marketing materials to Affiliate.
Affiliate agrees to only use Hair Stranding and/or InvisaBlend products in conjunction with the Hair Stranding and/or InvisaBlend services and only to purchase Hair Stranding and/or InvisaBlend products from InvisaBlend/Sequence Inc..
Affiliate agrees to abide by the key selling materials and selling instructions, provided by InvisaBlend/Sequence Inc. for the purpose of representing Hair Stranding and/or InvisaBlend products/services.
Affiliate agrees to apply Hair Stranding and/or InvisaBlend in accordance with the instructions given by InvisaBlend/Sequence Inc.
Affiliate agrees not to reverse engineer or duplicate any products received by Affiliate from InvisaBlend/Sequence Inc.
Affiliate agrees and understands that it is purchasing the rights to use the InvisaBlend and/or Hair Stranding trademarks and sell the InvisaBlend and/or Hair Stranding products and service. In no way, does this Agreement affect the InvisaBlend/Sequence Inc.’s ownership of intellectual property of Hair Stranding and/or InvisaBlend.
InvisaBlend/Sequence Inc. shall not have any responsibilities or obligations to customers of Affiliates.
Affiliate agrees and understands that the value of Hair Stranding and/or InvisaBlend would be damaged if transmitted or disclosed to any third party which is not in the employee of Affiliate. Affiliate agrees and understands that Hair Stranding and/or InvisaBlend constitutes confidential information and/or trade secrets. Affiliate agrees not to transmit any trade secrets to any third party, with the exception of InvisaBlend/Sequence Inc. employees, officers, or owners. If any such transmittal does occur, Affiliate shall immediately notify InvisaBlend/Sequence Inc.
Affiliate shall use all reasonable efforts to protect and defend the proprietary nature of InvisaBlend/Sequence Inc..
INVISABLEND/SEQUENCE INC. PROVIDES NO WARRANTIES OR GUARANTEES OF ANY KIND TO AFFILIATE IN REGARDS TO HAIR STRANDING AND/OR INVISABLEND PRODUCTS OR SERVICES. INVISABLEND/SEQUENCE INC. SPECIFICALLY EXCLUDES AND DISCLAIMS WARRANTIES OF ANY KIND, INCLUDING EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOMER OR COURSE OF DEALING.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOST OR ANTICIPATED PROFITS, GOODWILL, BUSINESS LOSS OF REVENUE OR THE USE OF MONIES, LOSS OF CONTRACTS, LOSS OF ANTICIPATED SAVINGS, ANY SPECIAL INDIRECT LOSSES OR ANY INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION. Affiliate agrees to indemnify, defend and hold harmless InvisaBlend/Sequence Inc., its shareholders, directors, officers, employees, agents and affiliated companies from and against any losses, costs, damages (including reasonable attorney’s fees) resulting from or in connection with any claims by third parties resulting from or in connection with the use, distribution, or application of Hair Stranding and/or InvisaBlend Products and or services by Affiliate or InvisaBlend/Sequence Inc.’s employees, agents or assigns.
GOVERNING LAW. This Agreement and any claim related to this Agreement will be governed by New Jersey law. All parties consent to the exclusive jurisdiction of New Jersey Courts. You consent to personal jurisdiction and exclusive venue in such courts and waive transfer of venue. Each party waives any rights to a jury trial.
WAIVER. Failure of InvisaBlend/Sequence Inc. to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver or relinquishment of any similar right or power hereunder at any subsequent time or of any other provision hereof, nor shall it be construed to be a modification of the terms of this Agreement.
SEVERABILITY. If any term or provision of this Agreement is prohibited by law, or declared invalid or void by a court of competent jurisdiction, this Agreement shall be valid and enforceable to the fullest extent permitted by law.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein and, with the exception of any Additional Consulting Services Agreements, if Affiliate, supersedes any conflicting negotiations, understandings and agreements, written or oral, between the parties relating hereto.
TERMINATION. Either party may terminate this Agreement for cause or convenience at any time upon written notification to the other party although both parties agree that any and all fees paid by Affiliate towards this agreement are immediately non-refundable due to proprietary and or intellectual information provided by InvisaBlend/Sequence Inc. to Affiliate. If this Agreement is terminated, InvisaBlend/Sequence Inc. agrees to supply Affiliate with any pending orders which were ordered prior to the Agreement’s termination. Affiliate agrees to make payments for only those products/services that were pending when termination occurred, as though this Agreement had not been terminated.
COUNTERPARTS. This Agreement may be executed by one counterparts, of which shall be deemed an original but all of which taken together shall constitute one and the same instrument.