This version of The New Flat Rate Enhanced Selling System is provided by The New Flat Rate, Inc. The system and all of its versions in its entirety is the property of The New Flat Rate, Inc.
With your purchase, you understand that you will be licensing the system and agree to the Licensing and Usage agreement below:
The New Flat Rate Enhanced Selling System
Licensing and Usage Agreement
This Governing Licensing and Usage Agreement (“Agreement”) effective as of the date of the later signature below, (“Effective Date”) is by and between The New Flat Rate, Inc. (“Licensor”), a Delaware corporation with its principal place of business at 2008 Waterloo Drive, Dalton, GA 30721, and the purchaser (“Licensee”). The parties to this Agreement may be collectively referred to hereinafter as the “Parties” or individually as a “Party”.
The Parties desire to enter into a licensing business relationship in accordance with the terms and conditions of this Agreement and intending to be legally bound, hereby agree as follows:
The purpose of this agreement is in acknowledgement that The New Flat Rate, The New Flat Rate Enhanced Selling System, the Smart Card System, and all materials written or recorded are a product wholly owned by The New Flat Rate, Inc. The New Flat Rate is a system of multi-level packaged service offerings that are designed to be used by the service industries such as HVAC, Plumbing, Electrical, Duct Cleaning and similar companies. It is agreed that this system in any form is the property of The New Flat Rate, Inc. and that any use of this system is governed by this agreement. It is further agreed that use of this system will be by the following terms:
Enhanced Selling System – One time setup fee.
Priced as advertised on www.thenewflatrate.com at time of purchase.
Monthly Licensing Fee. Price varies based on opportunity level selected.
To be paid monthly, quarterly or annually in advance.
It is agreed that all systems (currently books) in use must be purchased from and printed by “The New Flat Rate, Inc.” No content may be copied or reproduced in any manner by Licensee and or all Licensee’s users of the system.
Agreement: The New Flat Rate Enhanced Selling System is designed to increase service revenue for service providers such as HVAC, Plumbing, Electrical, Duct Cleaning and similar companies. It is understood that the concept may appear to be elegantly simple, but that the concepts, systems, wording and pricing formulas are the intellectual and physical property of The New Flat Rate, Inc. By signing this document the Licensee acknowledges that this is a new concept and they are not now nor were they previously using this system in their company. Thereby Licensee agrees that any use of this system in their company will adhere to this agreement.
Licensee agrees to keep payment means active.
Ownership: The Licensee acknowledges and agrees that Licensor owns all rights, title and interest, including all copyrights and confidential and proprietary information rights, in and to the system and all subsequent copies of the system, regardless of the form or media in or on which the original and other copies may exist. This license is a license to use and is not a sale of the original of this system or any copy.
Restrictions: Unless specifically authorized in writing by Licensor, Licensee may not; (i) copy, republish, reprint, or in any way reproduce this system; (ii) electronically transfer the system (iii) distribute copies of the system or reverse engineer, de-compile, dissemble, manipulate, or create derivative works based on the system; (iv) modify, adapt, or translate the system; or (v) transfer this system or this license to anyone; (vi) copy this data to electronic field devices to include PDA technology or mobile computing technology without a separate individual device license.
Confidentiality: Licensee understands and agrees that the system constitutes confidential and proprietary information.
Term: This license agreement is effective until terminated. Licensee may terminate agreement upon receipt of written notice requesting a) a Return Material Authorization number for the pricing system b) removal of all electronic data from computers and networks c) the return of all systems prepaid. This license will also terminate if Licensee fails to comply with any term or condition of this agreement, or if Licensee allows agreement to expire by not making agreed monthly subscription payments. The Licensee is due an update once per year. Licensor will notify via fax, phone, email and other means that an update is due the Licensee, but is ultimately the responsibility of the Licensee to receive the update. After each update is released, the Licensee will be responsible for monthly licensing payments until the anniversary date. Licensee agrees that if at any time they choose to discontinue using the system they will immediately return all materials to The New Flat Rate, Inc. Once materials have been returned and accounted for then and only then will Licensor cancel the license and user fee charges. There will be no refunds of any setup, licensing or user fees. Licensee agrees to not use the system, any copies of the system or any type of this system unless fully licensed to do so. Licensee acknowledges that Licensor reserves the right at any time to ask an independent auditor to determine if Licensee is using The New Flat Rate System.
Requirements: Licensee and all users of the system are required to be trained using our web base training and that said training will consist of orientation training for the initial starting use of the system and that quarterly training continue (every 3 months) for as long as the system is being used.
Licensor will strongly recommend Licensee to accept all updates when Licensor releases them. The purpose for the updates is for Licensor to work directly with Licensee in the express purpose of increasing service sales revenue and that can only happen if the program is followed directly.
IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Agreement, effective as of the date of purchase.