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TERMS & CONDITIONS

TERMS & CONDITIONS - Creating Your Culture

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CREATING YOUR CULTURE PROGRAM

TERMS & CONDITIONS

I.                 Full disclaimer

II.                Member and Affiliate Partner terms of use

III.               Privacy Policy

IV.               Cancellation policy

V.                Cookie policy


I. FULL DISCLAIMER

 [Straight-Talk Alert] – this is our full Disclaimer. Please be sure to read it carefully so you know exactly where you stand:

Note that individual results will vary and improvement of the quality of your life is not guaranteed. Our goal is to give you the insights and tools to help building a culture of thoughts and behavior that will enhance the quality of your life significantly, but the effort you put in is what will make or break your success levels. While our program is proven by the genuine achievements in culture change, this does not mean you will get the same results. There are those who will not have any improvement with our program and even by an increase of awareness may have (more) discomfort, because it all depends on your determination and ability to follow the program as it is consciously designed. As an adult, the understanding needs to be in place that you will take full responsibility for the quality of your life.


Disclaimers for Creating Your Culture and Happy Home Habits Social Media Pages
All the information on this website is published in good faith and for general information purpose only. CYC/BAG does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (creatingyourculture.com), is strictly at your own risk. will not be liable for any losses and/or damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

Consent
By using our website and social media accounts, you hereby consent to our disclaimer and agree to its terms.

Update
Should we update, amend or make any changes to this document, those changes will be prominently posted here.

II. MEMBER TERMS OF USE

Please read the terms and conditions of use carefully before using the site creatingyourculture.com and app.creatingyourculture.com. This is a contract, by using this site you accept all terms and conditions of this agreement. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website.

Our mission is to support participants in getting a higher quality of life by shaping a behavior culture that leads to that.

Welcome to Creating Your Culture (“CYC”) / app creating your culture website (the “Website”; referring to both creatingyourculture.com and the app.creatingyourculture.com). The following membership agreement (the “Membership Agreement”) contains the terms and conditions that govern your use of the Website. This Membership Agreement describes your rights and responsibilities, as well as what you can expect from the Website. If you do not agree with any of these terms, do not access or otherwise use our Website, or any information or materials contained on the Website.

Boudewijns Advies Groep (Boudewijns Advisory Group) owns and operates the Website and reserves the right to add, delete, and/or modify any of the terms and conditions contained in this Membership Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this Membership Agreement, the new terms will be posted to the Website, you will be required to affirmatively assent to its terms, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website and to request a termination of your membership. Your express consent or continued use of the Website or our Services following the posting of a change notice or a new Membership Agreement on the Website will constitute binding acceptance of the changes.

1. WHAT WE OFFER

1.1. We provide a number of Internet-based trainings and materials through the Website to support participants with insights and tools to influence the quality of their thoughts and behavior – their culture – and with that influence the quality of their life. We reserve the right to add, change, and/or delete content and/or content from the Website and/or our Services from time to time.

1.2. The membership fee is for access of 1 year: 12 months from the moment of subscription.

1.3. You agree to pay, and authorize automatic recurring billing of, the membership fee with your credit card, or other payment methods, until subsequently canceled. You understand and agree that each automatic recurring billing of the membership fee is not refundable and will not be prorated.

1.4. We reserve the right to change the membership fee from time to time.

1.5. When sites are suspended, IPs are blacklisted, due to the use of bad plugins, updates not being performed, spamming, etc., we are not liable and no monetary compensation will be made.

2. USE OF THE WEBSITE AND OUR SERVICES

2.1. We will only knowingly provide our Services to parties that can lawfully enter into and form contracts under applicable law. The Website and our Services are not for children under the age of 18 and any such use is prohibited.

2.2 You are at all times responsible for your health and personal wellbeing. You accept that the journey to a higher quality of life and a culture change of yourself and your home of life may be confronting and may be discomforting and you will seek professional help if you are in a physical, mental or emotional situation that requires you to do so.

2.3. You must comply with all of the terms and conditions of this Membership Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and our Services.

2.4. Your License to Use the Website and our Services.

2.4.1. We grant you a limited revocable license to access and use the Website and our Services for its intended purposes, subject to your compliance with this Membership Agreement. This license does not include the right to collect or use the information contained on the Website for purposes that We prohibit or to compete with our company. If you use the Website or our Services in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately. The geographic location of your computer has been determined and recorded. Attempts at fraud can be prosecuted.

2.4.2. It is not allowed to share your personal login code. The membership is personal.

2.5. Third-Party Services. We may provide links or referrals on the Website to other websites that are not affiliated with, under the control of, or otherwise maintained by us, and may use third parties to provide certain services accessible through the Website. We do not control those third parties or their services, and you agree that We will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Membership Agreement when you use these services. If any such terms or policies conflict with our Membership Agreement, agreements or policies, you must comply with our Membership Agreement, agreements, or policies, as applicable. We do not endorse or make any representations or warranties about third party sites or any information, software, or other products or services found there.

2.6. 1 Using the CYC program professionally. You are allowed to offer your (life) coaching or other professional services in combination with the Creating Your Culture program when you comply with the terms of conditions: your clients work with their personal login code; your clients agree with the terms and conditions as described in this document; Your clients explicitly agree with the full disclaimer as stated at I.

2.6.2 You comply with the codes of conduct of the services you offer to your clientele as is stated by the generally respected professional body of your profession in your country. If you are interested in offering your coaching services in combination with the Creating Your Culture program, and you did not state that in your subscription, contact us at [email protected]. This enables us to support you in using our program professionally.

2.7. You can only be an affiliate partner, with us and receive fees from the affiliate program as long as you have a membership of Creating Your Culture yourself.

3. CONFIDENTIALITY

3.1. You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work and/or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to our right to also seek injunctive or other equitable relief.

3.2. You and We agree that all originals and any copies of the Information remains the property of Boudewijns Advies Groep.

4. GENERAL RULES

4.1. Prohibited Use. (You may be affiliate or not) You may only use the Website and/or our Services to promote your business, as expressly permitted by us. You may not cause harm to the Website or our Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website and/or our Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or our Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website and/or our Services, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website and/or our Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website and/or our Services; (vii) assist or encourage any third party in engaging in any activity prohibited by this Membership Agreement; (viii) co-brand the Website or our Services; (ix) frame the Website and/or our Services; or (x) hyperlink to the Website and/or our Services, without the express prior written permission of an authorized representative of Boudewijns Advies Groep.

4.2. Privacy Policy. By entering into this Membership Agreement, you agree to our collection, use and disclosure of your personal information in accordance with the Privacy Policy.

4.3. Ordering Policies. If you purchase any of our products and/or services, you agree that your use of the product or service is limited by this Membership Agreement as well.

4.4. Password Restricted Areas of the Website. Most areas of the Website are password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user (member) to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.

5. RESERVATION OF RIGHTS

5.1. Monitoring. We reserve the right, but do not assume the obligation, to monitor transactions and communications that occur through the Website and/or Service. If we determine, in our sole and absolute discretion, that you or another Website user has or will breach a term or condition of this Membership Agreement or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

5.2. Modification of the Service. We may modify the Website and/or our Services at any time with or without notice to you and will incur no liability for doing so.

6. ETIQUETTE

6.1. We ask that you respect the Website online community (to build). Your conduct when using the Website and our Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to:

6.1.1. Disparage the products or services of any company or individual.

6.1.2. Impersonate or represent us, our staff, or other industry professionals.

6.1.3. Link to or post content not allowed on the Website.

6.1.4. Solicit a user’s password or other account information.

6.1.5. Harvest user information for any purpose.

6.1.6. Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language; or solicit/post sexually explicit images.

6.1.7. Harass, threaten, or embarrass anyone.

6.1.8. Post anything that you do not have the legal right to post; and

6.1.9. Violate any law, or make any untrue or misleading statement.

7. SUBMISSIONS

7.1. Your Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant us an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. You agree that We will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on “moral rights” or the likes arising from our use of a Submission.

7.2. Submissions by Others. We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website and/or our Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will We be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or our Services by third parties.

8. REPRESENTATIONS AND WARRANTIES

8.1. Mutual Representations and Warranties. Each party represents to the other that: (i) the party has the full power and authority to enter into and perform under this Membership Agreement, (ii) execution and performance of this Membership Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which the party is bound, and (iii) the terms of this Membership Agreement are a legal, valid, and binding obligation of the party entering into this Membership Agreement, enforceable in accordance with these terms and conditions.

8.2. By You. You represent and warrant to us that, in your use of the Website and/or our Services, you: (i) will not infringe the copyright, trademark, right of privacy, right of publicity or other legal right of any third party; (ii) will comply with all applicable laws, rules, and regulations; (iii) will not disrupt or damage any software; and (iv) you will provide correct, current, and complete billing and contact information.

9. DISCLAIMERS AND EXCLUSIONS

9.1. Disclaimer of warranties. We provide the website, our services, and all content on an “as is” and “as available” basis. We do not represent or warrant that the website, our services, or website content, or use thereof: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with the hardware or software you use. We make no warranties other than those made expressly in this membership agreement, and hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement.

9.2. Exclusion of damages. We will not be liable to you or any third party for any consequential, incidental, indirect problems or damages (material, physical, mental, emotional or any) arising out of, relating to or connected with the use of the (content of the) website and/or our services, based on any cause of action.

10. INDEMNIFICATION

10.1. You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Membership Agreement through any act or omission. If you have to indemnify us under this section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.

11. TERMINATION

11.1. Termination. You agree that, under certain circumstances and without prior notice, we may suspend or terminate your use of the Website and/or our Services or terminate the Website and Services as such. This includes, without limitation, if We believe, in our sole and absolute discretion, that you have breached a term of this Membership Agreement. You acknowledge and agree that all suspensions and terminations shall be made in our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination.

11.2. Survival. Upon termination, your license to use the Website, our Services, and everything accessible by and/or through the Website and/or our Services shall terminate, and the remainder of this Membership Agreement shall survive indefinitely unless and until we choose to terminate them.

12. NOTICES

12.1. All notices required or permitted to be given under this Membership Agreement will be in writing and delivered to the other party by electronic mail or courier. If you give notice to us, you must use the following address: Boudewijns Advies Groep, Nijhoffstraat 1, 6524AT Nijmegen, The Netherlands.  If Boudewijns Advies Groep provides notice to you, we will use the contact information provided by you to us. All notices will be deemed received as follows: if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If by overnight courier, on the date receipt is confirmed by such courier service. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

13. NOTIFICATION OF CLAIMS OF INFRINGEMENT

13.1. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate service to users who infringe the copyright and or intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent to receive notice of claimed infringement: Boudewijns Advies Groep attn: Copyright Agent, Boudewijns Advies Groep, Nijhoffstraat 1, 6524AT Nijmegen, The Netherlands. Provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached at [email protected].

14. THIRD PARTY REFERRAL FEES

14.1. We may receive an affiliate commission when you purchase some of the products and/or services that we recommend on our Website and/or Services. By entering into this Agreement, You acknowledge that you have been informed of such payments, consent to payments of affiliate commission to Boudewijns Advies Groep and that such payments are fair and reasonable.

14.2. You may be entitled to receive a referral fee as a result of your membership. For example, if you refer someone to the Website who subsequently becomes a member, you may be entitled to receive a referral fee. You may also receive a referral fee if someone you refer purchases additional products and/or services. We will only pay you a referral fee if: 1) we receive payment from the person you refer; 2) your Membership is active at the time we receive payment; and 3) you are not indebted to Boudewijns Advies Groep for any amount. We reserve the right to offset your referral fee by any amount you owe us.

15. CREATING YOUR CULTURE EVENTS – SHOULD BE HELD AND SHOULD YOU ATTEND

15.1. Creating Your Culture, its Consultants, Trainers, Directors or any (other) Officer do not offer therapeutical or medical advice. I agree that I will not hold Creating Your Culture or Boudewijns Advies Groep (BAG), its management, ownership, or Consultants, Trainers or any (other) Officer liable should I utilize any of the information learned at the event.

15.2. Creating Your Culture/BAG has attempted to perform a solid program to support people in developing a behavior culture to enable a high quality of life; however – especially in the case of far reaching choices – each attendee should also seek appropriate advice from a relevant professional before implementing a particular strategy following the Event.

15.3. The education presented at each event CANNOT be shared with non-attendees of the conference. I understand and agree to a complete Confidentiality & Non-Disclosure Agreement.

15.4. I understand that pictures and videos will be taken during the Event, and I authorize Creating Your Culture and BAG, to use these in their marketing efforts, should they choose.

15.5. I will not make an audio or video recording of the conference. Recordings of ANY kind are strictly prohibited.

15.6. While attending, and following the event, I will not offer investments or other products of any kind to attendees of Creating Your Culture Event. Cross-marketing is strictly prohibited and I will not use this event to further an outside personal or business interest of any kind.

15.7. I understand that should I violate any of the these Creating Your Culture / BAG Policies, I may be asked to leave the Event and that I also risk losing my Membership.

16. MEDIA INTERVIEWS

16.1 Affiliates are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize Creating Your Culture / BAG its products, services or their individual Creating Your Culture business, except with the express, written approval of Creating Your Culture / BAG. All media contacts and inquiries must be coordinated through the approval and representation of an official Creating Your Culture / BAG Spokesperson.

17. RELEASE FOR USE OF PHOTO, AUDIO, OR VIDEO IMAGE, AND/OR TESTIMONIAL ENDORSEMENT

17.1. As an affiliate of Creating Your Culture / BAG, you grant to Creating Your Culture / BAG, its successors, assignees, employees and agents, the absolute and irrevocable right and permission, to reproduce and use, broadcast, publish, or republish any photos, audios, videos, or endorsements made by it of you or given by you, in all or in part, individually or in conjunction with any other photograph, audio or video, or any other endorsement, in any current or future medium and for marketing, advertising, promotion, and/or publicity purposes. In addition, you grant Creating Your Culture / BAG the right to apply for copyright protection for such photographs, audio and/or video works, in the name of Creating Your Culture / BAG .

17.2. In addition, to the extent you own any right, title, or interest, including any copyrights, in any photograph, audiovisual works, any endorsement, or other original works of authorship in connection with Creating Your Culture / BAG products, services, or business, you shall promptly assign any and all such rights, title, and interest to Creating Your Culture / BAG, and assist Creating Your Culture / BAG to obtain copyright protection or other forms of protection for such assigned rights. You agree that any use by Creating Your Culture / BAG as set forth in this section shall be royalty free and not subject to any other claim.

17.3. You confirm that the information you give as a testimonial endorsement, or as represented in a photograph, video, or audio is true and accurate to the best of your knowledge. You waive any right you may have to inspect, approve, or revoke the finished or unfinished product(s), the advertising copy, printed, recorded, photographic, or video matter that may be used in connection with it or any use that may be made of it.

17.4 You agree to release and discharge Creating Your Culture / BAG its successors, assignees, employees, and agents, from any and all liability, claims and/or demands arising out of or in connection with the creation and the use of any photograph, video, audio or endorsement, including any claim for slander or defamation.

17.5 All testimonials and images associated with such testimonials are the property of Creating Your Culture / BAG and the individual who gave the testimonial. If an Independent Associate wishes to use a testimonial in an approved website or marketing material they must receive prior written permission from Creating Your Culture / BAG and the testimonial giver.

17.6 Testimonials include all testimonials distributed by Creating Your Culture / BAG on any Creating Your Culture / BAG website or Creating Your Culture / BAG marketing materials.


18. MISCELLANEOUS

18.1. This Membership Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed under Dutch law without reference to conflict of law principles. This Membership Agreement will not be assignable or transferable by you without our prior written consent. This Membership Agreement (including all of the policies and other Agreements described in this Membership Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Membership Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved. You and We are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Membership Agreement. The invalidity or unenforceability of any provision of this Membership Agreement will not affect the validity or enforceability of any other provision of this Membership Agreement, all of which will remain in full force and effect.

19. AFFILIATE PARTNERSHIP

19.1 All of the agreement above applies to affiliate partners as well.
19.2 Affiliate fees: monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore, we do not guarantee or imply that you will win any incentives or prizes that may be offered, get rich, that you will do as well, or make any money at all. There is no assurance you’ll do as well. If you rely upon our figures; you must accept the risk of not doing as well.

Internet businesses and earnings derived therefrom, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in our products, services, or website, should be done only with the knowledge that you could experience significant losses, or make no money at all. Only risk capital should be used.

All products and services by Creating Your Culture / BAG are driven by content: the insights and tools to support a high quality life culture. If you want to earn money by getting the program to those who value the program, use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information.

Actual fees will be shared with you by email. We like to get to know you first and hear your motivation to add value by making the High Quality Life program available for those that seek to enhance their life. You should first have gone through the program yourself to be able to sell it with integrity. And then we like to welcome you!

19.3 Should you have applied for an affiliate partnership, as soon as your application is accepted, you can start sharing your affiliate link and earning affiliate commissions.

19.4 The affiliate is an independent contractor and not a direct employee of Boudewijns Advies Groep (Boudewijns Advisory Group). A self-employed individual or organization that has a contract to work for or offer services to another organization as a non-employee is known as an independent contractor. Independent contractors consequently have to cover their own Social Security and (Medicare) taxes.
Boudewijns Advies Groep (Boudewijns Advisory Group) that hires an independent contractor is also exempt from the obligation to offer them employment benefits like health insurance and employer-sponsored retirement plans that the organization may otherwise offer to its workers. Each payee must be appropriately identified by the payer as either an employee or an independent contractor. “Freelancer” is another word for an independent contractor.

19.5 Start and end date of the agreement. The start-up is seen as occurring on the day the affiliate signs up. We can end this relationship at anytime, and so can you. This affiliate agreement has been designed to ensure the highest quality relationship between us.

19.6  Acceptance: the CYC Affiliate Program does not include any requirements for the affiliate partners. However, CYC has the right to end a relationship with an affiliate or choose not work with them, because of violent, political, sexual or age inappropriate content or any other reason. The Affiliate must be 18 years old in order to participate in the workforce environment of CYC.

19.7     Sign-up steps
Step 1. Join our affiliate program by registering to receive your personal tracking link and to begin receiving a commission.
Step 2: Use your unique affiliate link to promote CYC on your website, in blog posts, advertisements, videos, and social media.
Step 3 Earn the commission as is communicated on your affiliate dashboard (this can be changed).

19.8 How the affiliate program works: CYC works with LeadDyno Software. It offers an affiliate program and it adheres to the fundamentals of affiliate marketing best practices. The affiliates can track potential sales and watch their own development by using their unique affiliate links. The affiliate also has access to promotional materials, CYC support, and see the commission earned and paid so far.

19.9 Cost: any costs incurred in connection with operating or promoting the Affiliate Program, including but not limited to those related to developing, hosting, modifying, or enhancing the Affiliate’s website, internet marketing costs, offline marketing costs, postage, and all other costs and expenses, shall be entirely borne by the Affiliate.

The Company retains the right to approve or disapprove any potential clients. According to a specified payment schedule, it will pay the affiliate a commission for each customer referred through an affiliate code.

20. AFFILIATE PARTNERSHIP RESTRICTIONS AND DISCLOSURES

20.1 Restrictions: in the case you want to run search engine marketing (SEM) campaigns on Google you must contact our affiliate manager via [email protected] (name in subject) to get permission since we may run campaigns ourselves. You may not run campaings on Google before you have our permission.

20.2 Disclosures: the Federal Trade Commission (FTC) has endorsement rules in place for affiliate marketing. In short, they want you to disclose that you have a business relationship with us when you promote and post your link. You can read the full FTC rules about affiliate marketing here. https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking#affiliate

When posting or sharing your link, you should make it known to your readers and followers that you will receive compensation if they buy a product via your link. This declaration should be clear and conspicuous (and reiterated as needed) as are FTC rules. (You may consult their FAQ).


21. AFFILIATE PARTNERSHIP MARKETING AND TRADEMARKS

21.1 Creating Your Culture / BAG wants to provide Affiliates the opportunity to generate profit by helping to reach out to people all over the world that want to improve the quality of their life. We want to prevent “sponsor shopping” (and cross recruiting) by or on behalf of its Customers/Users. In the case of a dispute, the new Customer enrollment is credited to the affiliate who FIRST generated the new Customer as a lead or application.

21.2 Cross Recruiting:

a) Creating Your Culture / BAG will not tolerate any active marketing of personal services, or proprietary derivatives of personal services, to any Creating Your Culture member outside of your personal sales organization. This process, known as “cross recruiting” will result in immediate account suspension.

b) It is your responsibility to ensure that every member you enroll is YOUR applicant and not someone else’s. If you are unsure or feel like your prospect may not be completely honest with you, email [email protected] to verify if there is already an application in the system for this person.

c) We suggest that you specifically ask EVERY prospect if they have already spoken with another Creating Your Culture member or submitted an application. If in doubt, you can even tell them that poaching and cross recruiting is strictly forbidden and that your account could possibly be suspended if you enroll them.

If you have questions or concerns regarding this Membership Agreement, you should contact us by e-mailing [email protected] and writing “Membership Agreement” in the subject line.

This membership agreement was last updated on November 22nd 2022.

© 2022 Creating Your Culture / BAG. All Rights Reserved. Terms and Conditions members and affiliates. 

III. PRIVACY POLICY

CREATING YOUR CULTURE, BAG PRIVACY POLICY

This Privacy Policy explains which personal data we (Creating Your Culture, BAG – “us”, “we”, or “our” – herein referred to as CYC/BAG) collect and how we use such personal data when you use Creating Your Culture websites and/or any of our online or mobile products (including the CYC/BAG mobile apps). By using the Services, you agree to CYC/BAG Privacy Policy and that we, may process, transfer and store your information in the European Union.

IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SERVICES. We will post any modifications or changes to the Privacy Policy on the CYC website. We reserve the right to modify this Privacy Policy at any time, so we encourage you to review it frequently. If we make a material change to this Privacy Policy, we will notify you by email or by means of a notice on the CYC website when the changes take effect. Your continued use of the Services signifies your acceptance of our Privacy Policy as modified. We regularly update our software applications (including our mobile and desktop applications) to make improvements, including improvements that better serve your privacy rights.

1. CYC/BAG INTERNATIONAL COMPLIANCE

We store your information in the European Union. Any transfer of your data will be in compliance with applicable European data protection laws.

2. THE INFORMATION WE COLLECT

Information You Provide
CYC/BAG collects a variety of information that you provide directly to us, including any information that may be contained in videos, comments, or other submissions you upload or post to the Services. CYC/BAG may collect information from you in the context of:

  • Account registration and administration of your CYC account;
  • Uploads or posts to the Services;
  • Customer support and technical assistance;
  • Processing your order for products or services offered by CYC/BAG;
  • Registration of your CYC/BAG products;
  • Providing updates to you regarding your CYC/BAG products;
  • Newsletter subscriptions;
  • Access to CYC/BAG products or services on social networks or third party services;
  • Services provided online, for example, by way of your mobile app; and
  • Other uses of the Services where information is requested for use and/or participation.

The specific types of information collected will depend upon the Services you use, how you use them, and what you choose to provide and may include your full name, email address, phone number, home address, mobile phone number, credit card information, shipping address, gender, birth date, and zip code. Our mobile services may request access to your photos and videos to enable you to download photos and videos to your computer/mobile device or upload photos, and videos to your CYC/BAG account or social media accounts. We also collect information you choose to include in your CYC/BAG account, including, but not limited to, videos and photos, any comments on yours or others’ posts, interests and preferences, location, videos and photos that you have favorited, and other CYC/BAG users whose CYC/BAG accounts you follow.

Information We Automatically Collect
When you use CYC/BAG Services that connect to the Internet, including, but not limited to, when you access the Services via CYC/BAG applications (e.g., web, mobile, desktop software), your CYC/BAG account, and our websites, we may collect certain information as described below for such purposes as improvement of our products and software services, troubleshooting bugs, providing the Services, managing the Services, security and monitoring purposes, tracking and analyzing usage, providing content for referring traffic sources and improving overall performance of the Services. We may use third party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

As discussed further below in Section 5, we may collect and store this information in a way that it is linked to you personally, unless you have chosen to opt out.

Websites
When you use our websites (including our app), we may collect and analyze information about your computer or mobile device such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Services, referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services and upload or post content, error logs, and other similar information. We monitor customer traffic patterns and site usage to help us develop the design and layout of the site, and to improve the content of our website to better match the interests of our website users.

Information from Other Sources
CYC/BAG may receive information about you from third parties, such as commerce partners, marketers, social network services, and other parties that we may use to supplement the information that we collect directly from you. If you connect to a third party network (such as a social network), platform, or service through the Services, you are authorizing us to collect, store, and use in accordance with this Privacy Policy any and all information (such as name, email address and location) that you agreed the network or other third party platforms could provide to CYC/BAG based on your settings on the third party network or platform. Your agreement takes place when you connect with the third party network, platform, or service via our Services, and/or when you connect with one of our applications through one of these services.

Anonymous or De-Identified Data
We may collect data that is already in anonymized or de-identified form, or we may manually anonymize and/or de-identify information collected by the Services or via other means so that the information does not identify you. Our use and disclosure of aggregated and/or de-identified information are not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation for any purpose.

3. COOKIES AND SIMILAR TECHNOLOGIES

Please see our dedicated Cookies Policy here.

4. ONLINE ADVERTISING AND ANALYTICS

Online Analytics.

We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology described in the Automatically-Collected Information section above to help us analyze how users find the CYC websites, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers. We also use Google Analytics for certain purposes related to online marketing, as described in the following section.

Online Advertising.

We do not serve third party advertisements to you while using our websites. However, we do work with website analytics and advertising partners, including Google, InfusionSoft, and Facebook, to deliver CYC/BAG advertisements on third party publisher websites – these partners may set cookies on your computer’s web browser. These cookies allow our partners to recognize your computer so that the ad server can show you CYC/BAG advertisements elsewhere on the Internet, and so that our analytics software can measure your engagement and interactions while using our websites. In this way, ad servers may compile anonymous, de-identified information about where you, or others who are using your computer, saw our advertisements, whether or not you interacted with our advertisements, and actions performed on subsequent visits to our websites. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you, and it allows CYC/BAG to optimize the performance of our advertising campaigns and the usability of our website. In other words, we use analytics data in concert with data about our online ads that have been shown using online advertising networks. By doing so, we can understand how anonymous users interacted with our website after seeing our ads.

5. USES OF INFORMATION

CYC/BAG may use the information it collects for various purposes, including but not limited to:

  • Service Improvement – As discussed throughout this Policy, we will use information to understand how users interact with our Services, provide tailored content, improve the overall CYC/BAG customer and product experience, and perform research and analytics.
  • Order-Related Communications – If you purchase a product, we will use your name and email address to send you an order confirmation email and customer satisfaction emails. If you do not wish to participate in customer satisfaction emails, you may opt out of such emails upon receipt by clicking “Unsubscribe” link contained in the email.
  • Customer Service – Based upon the information you provide us at the time of CYC/BAG account registration or purchase, we will send you a confirmation email with your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your CYC/BAG account. We will communicate with you by email.
  • Newsletters, Social Media Campaigns, Special Offers, and Updates – We will occasionally send you information on products, services, special promotions, contests, customer satisfaction surveys, events, and opportunities to interact with CYC/BAG and our Community. Out of respect for your privacy, we present the option NOT to receive these types of communications. Please see Section 7, “Your Choices” below for more details on how to unsubscribe or opt out of these communications from CYC/BAG.
  • Service-Related Announcements – We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email, push notification, or an in-application or web-based communication. Generally, you may not opt out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your CYC/BAG account.

6. SHARING AND DISCLOSURE OF INFORMATION

CYC/BAG does NOT share, sell, rent or trade information with third parties for their own promotional purposes, and will only share information as outlined below or with your consent.

  • Co-Branded Websites – At times CYC/BAG will partner with third party websites in a co-branded relationship, where a co-branded web page(s) is used to promote CYC/BAG products, services, photos, or videos. These web pages may be designed to look and feel just like thesixfigurementors.com, but are actually hosted on a different domain. When we enter into co-branded partnerships, we may at times share your name and email address in order for CYC/BAG to communicate with you about CYC/BAG related promotions, news, and updates via tools provided by our third party co-branded partner website. Information collected on third party co-branded web pages may not be covered under our Privacy Policy. All information collected on third party co-branded websites is owned and controlled by that website’s privacy policy. Please be sure to read the privacy policy of any website that asks you to submit information.
  • Customer Testimonials – At times, we may post customer testimonials on our website. We will obtain your consent via email and/or opt-in methods prior to posting your name, city, or stated activity/interest along with any testimonial.
  • User-Generated Content – You may be able to disclose information about yourself in the course of contributing user-generated content on publicly-available areas of the Services, such as your CYC/BAG user profile. Your CYC/BAG user profile and any information you post there will be publicly available. This includes but is not limited to: your uploaded photos or videos, full name, email address, if asked; your phone number, address, interests, content that you have favorited, and CYC/BAG users whose CYC/BAG accounts you follow. Your content will also be shared with users of other social media services to which you have chosen to share, consistent with your privacy settings on those services. Such information is unencrypted, public information may be accessed or recorded by us, and there is no expectation of privacy or confidentiality in such information. Any information you submit in the course of such activities can be read, collected, or used by internet users. We cannot control how internet users might use your information. We especially cannot prevent you from receiving unwanted messages from other internet users.
  • Content Submitted to CYC/BAG – If you submit your video or other content to CYC/BAG, we may publish it on the CYC/BAG website or applications along with certain information about you, e.g., your first and last name or your username, when we have your consent. For more information relating to the terms governing the content you submit to us, please see our Terms of Use.
  • Service Providers – We use third party service providers to offer or facilitate services on our behalf, such as a credit card processing company to bill you for products and services, and an email service provider to send out emails on our behalf. When you order products from CYC/BAG, we will share your information as necessary for such third-party services providers to provide the applicable service to us or on our behalf. These third parties are prohibited from using any identifying information about you for promotional purposes.
  • Business Transactions – Information that we collect is considered a business asset. As a result, if we go out of business, enter bankruptcy, or if we are acquired as a result of a transaction such as a merger, acquisition or sale of some or all of our assets, your information may be disclosed or transferred to a third-party acquirer in connection with the transaction.
  • Legal Compliance – We reserve the right to access and disclose your information when we believe in good faith that such disclosure is necessary to: (a) enforce legal rights and comply with the law; (b) comply with an order from a government entity or other competent authority, (c) prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage; (d) protect our rights, prevent fraud and/or comply with judicial proceeding, court order, or legal process served on CYC/BAG.
  • Law Enforcement – We may be required to disclose your information to government or law enforcement officials in response to a lawful request by a public authority or if we have to do so to comply with a legal obligation, including to meet national security or law enforcement requirements. We can also disclose your information in order to apply or enforce our terms and conditions or to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity (including for the purposes of fraud protection and credit risk reduction).

7. YOUR CHOICES

CYC/BAG provides you with a number of choices with respect to the information we collect and use as discussed throughout this Policy. Some of your choices include:

  • Marketing Communications – If you purchase a product but if you no longer wish to receive our newsletter, social media campaigns and promotional emails, you may opt out of receiving them by following the instructions included in each newsletter or email or by requesting through the contact form located on our websites.
  • CYC/BAG Personalization Services – As discussed in depth in Section 2, CYC/BAG may associate the information we automatically collect from you with identifiable information we have collected from and about you (such as your email address) to personalize your CYC/BAG experience. Such personalization services may include providing tailored content, features, in-application communications and promotions, and personalized customer support.

8. EU RIGHTS TO PERSONAL INFORMATION

EU and Swiss individuals have the right, under certain circumstances, to:

  • Access their personal information;
  • Correct inaccurate personal information;
  • Request erasure of their personal information without undue delay;
  • To object to the processing of their personal information;

Such users may request access to their personal information and modify or remove most information associated with their CYC/BAG account at any time by logging into their CYC/BAG account and accessing features such as Edit Profile and Account Info. Users may also email to exercise any of the above rights by emailing us at [email protected].

9. THIRD PARTY WEBSITE LINKS AND FEATURES

CYC/BAG Services may contain links to or features from other websites. This Privacy Policy covers the privacy practices by CYC/BAG and does not cover the privacy practices of third-party websites or features. CYC/BAG is not responsible for the privacy policies and/or practices of third-parties. When linking to another site or using a third-party service, you should read the privacy policy on that site or service. To the extent certain third-party website features are available on the CYC/BAG services, the terms of use and privacy policy of that third party site and/or features apply.

10. CHILDREN’S PRIVACY

CYC/BAG Services are intended for general audiences and not for children under the age of 18. We do not knowingly collect personal information from children under the age of 18, and if we become aware of such collection, we will take reasonable steps to delete any such information as soon as practicable.

11. INTERNATIONAL USERS

CYC/BAG operates primarily in the European Union, and as a result, the information we collect is stored in the European Union. By using the Services, you acknowledge and agree that your information may be transferred to, used, processed, or held by CYC/BAG in the European Union and used for the purposes set out in this Privacy Policy. Please see below for further details about the transfer of your data to the European Union.

12. EU – US AND SWISS – DATA TRANSFERS

CYC/BAG is an international initiative. If you are located outside the European Union and provide personal data to us, CYC/BAG retains your personal data in the European Union in accordance with this Privacy Policy.

CYC/BAG commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact us at:

Email address – [email protected]

We will respond to any complaints as soon as possible and within 45 days. We will work to resolve your issue as quickly as possible.

Please note that if your complaint is not resolved through these channels, in certain limited circumstances, a binding arbitration option may be available.

13. CHANGES IN OUR PRIVACY POLICY

From time to time, our information practices may change. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy on our website or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page. This is by default an English version.

14. HOW WE PROTECT YOUR INFORMATION

The security of your information is important to us. We have implemented reasonable administrative, technical, and physical security measures to protect against the unauthorized access, destruction or alteration of your information based on its sensitivity. Despite our best efforts, however, no security measures are completely impenetrable.

15. CYC/BAG CONTACT INFO

If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please contact us at the following contact details: Email address: [email protected].

IV. CANCELLATION POLICY 

MEMBERSHIP CANCELLATION
Your subscription is for one year. After the free 14 day trial period we are unable to provide a refund.

V.   COOKIE POLICY

Our Privacy Policy explains how we collect, process, and store your information. This policy details how we, along with our partners and users of our services, deploy cookies, along with your options for managing them.


1. WHAT ARE COOKIES?

Cookies are small files stored on your computer or other devices when websites are loaded in a browser. They are used to remember the preferences you have set during a single visit or a browsing session (multiple visits). Cookies store information that provide the user with a more personalized experience, like your preferred language setting. Cookies may come directly from a website or third-party content provider and are not considered a form of spyware or type of virus.

Tracking technologies may also be present on both websites and within HTML emails. They are usually small transparent images, such as pixels, that are used in conjunction with cookies to monitor a user’s behavior, though they are stored differently. This type of tracking technologies may still load when cookies are disabled, but will be limited in functionality.

2. HOW WE USE COOKIES

We use cookies for a number of different purposes. Some cookies are necessary for technical reasons and some enable a personalized experience for both visitors and registered users. Some of these cookies may be set when a page is loaded, or when a visitor takes a particular action (clicking the “subscribe” or “more info” button on a landing page, for example).

Many of the cookies we use are set whenever you visit one of our websites, irrespective of whether you have an account or not.

3. WHERE WE PLACE COOKIES

We set cookies in a number of different locations across our services. These include but are not limited to:

  • On our websites.
  • In the dashboards of our websites.

4. TYPES OF COOKIE

The details below explain the types of cookies we use on our websites and why we use them.

SESSION COOKIES

Session cookies, or ‘temporary cookies’, are commonly used on retail and e-commerce websites. They help to recognize users, as well as their information and activity, as they are navigating through a website. Session cookies only retain this information while they are on the site, and will be deleted when the web browser is closed.

PERMANENT COOKIES

Permanent or ‘persistent’ cookies are operational even after a user closes a web browser. This enables a user to log into a site without re-entering their credentials every time. These cookies must be deleted after 12 months in accordance with the law.

THIRD-PARTY COOKIES

Third-party cookies are installed with the intent of collecting user data, like information about their spending habits or demographics. They are commonly used by third-parties, such as advertisers, to better promote their products and services to their target audience.

FLASH COOKIES (THESE COOKIES ARE NOT TRACKED BY CYC/BAG)

Flash cookies are commonly referred to as ‘super cookies’ and operate independently of a user’s web browser. They are designed to be stored on a user’s device permanently – even after all cookies have been deleted from the device.

ZOMBIE COOKIES (THESE COOKIES ARE NOT TRACKED BY CYC/BAG)

Zombie cookies, also a type of flash cookie, are re-created automatically even when a user has deleted them. For this reason, they are difficult to manage or detect and often used in the online gaming world to prevent users from cheating. They can also be used as a vehicle to install malicious software.

5. CONSENT FOR ADVERTISING COOKIES ON OUR SITES ADVERTISING

You may see a “cookie banner” on our websites and dashboard. When you consent in this manner, we and our advertising partners may set advertising cookies on the site you are visiting and on our other websites, dashboards, and services. We’ll display the banner to you periodically, just in case you change your mind.

6. CONSENT AND CHOICES FOR ADVERTISEMENTS ON OUR AFFILIATE PROGRAM ADVERTISING

You may see a “cookie banner” on our users’ websites. When you consent in this manner, we and our advertising partners may set third-party advertising cookies on our network in order to show you personalized ads. We’ll display the banner to you periodically, just in case you change your mind.

We set a cookie to help us understand how visitors engage with websites that participate in our affiliate program.
If you have any questions about our use of cookies, you can find the most relevant contact details in our Privacy Policy.

This policy was last updated on June 5th, 2023.