Podcast Manager Certification Program

Thank you for joining Produce Your Podcast, LLC, (the “Company”), for the Podcast Manager Certification Program (the “Program”). This Agreement starts on the date that you, the “Participant,” purchases the program. Participant is a business owner and enters this Agreement in her business capacity.  

This Purposes of this Agreement:

This Agreement is made so that Participant can participate in the Podcast Manager Certification program (the “Program”). The Program has three parts: a technical education and implementation component, business education component, and upon completion of certain requirements, a certification component which allows Participant to call herself a Certified Podcast ManagerTM and market the Program to third parties within Company guidelines and according to a license agreement. The program lasts 6 months, and you must complete and submit homework in pursuit of your Certification on or before 180 days from date the program begins.

This Agreement DOES NOT do any of these things:

This Agreement does not make Company and the Participant partners, joint venturers, co-owners, principals or agents, or employers or employees of one another. 

This Agreement does not sell or otherwise transfer ownership of Company’s intellectual property.

This Agreement does not promise financial results. 

THE BASICS

1. The Program Price is $2,500 USD or six payments of $450 USD, payable every thirty days until paid in full. 
2. This Agreement and the Company’s publicly available Policies and Disclaimers are the entire agreement between us. These written documents supersede our prior discussions, emails, online or voice messages. By signing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.

THIS IS WHAT YOUR PURCHASE INCLUDES AS A PARTICIPANT

1. Live and Pre-Recorded Training. You’ll access the core curriculum and podcast experts through a combination of live and recorded training and workbooks, released based on your start date. 
2. Private Facebook Community. You will have access to the exclusive Facebook Group, where you can submit questions, files, videos, and any other materials for the group to critique. Company will participate with occasional live streams, question and answer sessions, and other information as the group needs dictate. 
3. A minimum of 11 Group Coaching Calls. Learn from and get coached by Company Representatives, including podcast expert Traci DeForge, on the group coaching calls. 
4. Program Replays and Templates Library. Get access to replays of calls you missed, as well as the templates library, so you don’t have to stare at a blinking cursor as you set up your systems. 
5. Certification Opportunity. Upon completion of the requirements you will find under the heading “Certification Prerequisites” in this Agreement, you may call yourself a Certified Podcast Manager ™ and market your status in accordance with the Company policies identified in this Agreement. Certification includes benefits listed below in the section of this Agreement called “Your Certification Includes.” 

Please understand: Occasionally the curriculum, guest experts, and channels to access the Program and its representatives may have to change based on group needs, available technology, and factors outside the Company’s control. The Company will replace or substitute the items above, if it determines it is necessary to do so in its sole discretion, with something similar of equal or greater value. 

CERTIFICATION PREREQUISITES

1. Certification Requirements. Upon completion of these requirements, which shall be determined in Company’s sole discretion, you are eligible for certification as a Certified Podcast ManagerTM:

2. What does “Certified” mean? "Certified" means Participant has completed the requirements above, and agrees to meet and maintain compliance with other requirements set out in this Agreement to have continuing access to certain of Company’s Intellectual Property for purposes of marketing the Program, which may include a license agreement.
3. When am I Certified? Participant may not use the monikers “Certified Podcast ManagerTM” without express written notification from the Company notifying you that you have met the requirements of this Agreement. 
4. How do I stay certified? Company from time and in its sole discretion, may change, modify, or terminate certification requirements and benefits. You must comply with the changed requirements within the period of time set forth in the applicable policies to stay in compliance with any modified compliance requirements.
5. Company maintains the sole right, without explanation, to deny a Participant the right to use the moniker “Certified Podcast ManagerTM.” 
6. A further purchase of a Content License is Required to Complete and Maintain Certification after 1 year. Failure to maintain a current license agreement cancels Participant’s status as certified, and revokes all right to use Company’s Intellectual Property, including the terms “Certified Podcast ManagerTM” moniker.
7. Certification not a condition of purchase. You may participate in the Program for your own sole and personal benefit without completing the certification component. 

YOUR CERTIFICATION INCLUDES

In addition to the materials included for Participants, upon completion of the optional certification component of the Program, you also receive, for one year (and thereafter, so long as you maintain your certification under separate license agreement): 

1. Placement in the Podcast Professionals Association directory of service providers and one-year membership to the Podcast Professionals Association; 
2. License to use the “Certified Podcast ManagerTM” monikers and logos in your marketing; 
3. Alumni community, including exclusive alumni offers and discounts. 

If you choose certification:

1. You represent and warrant that your use of the Company’s Intellectual Property will not: 
2. Harm the reputation of the Company; 
3. Make any guarantees or warranties on behalf of the Company, including promises of certain earnings results or outcomes; 
4. Make any deceptive, misleading, or otherwise unethical statements; 
5. Violate any applicable federal and local laws and regulations. 

If you have any questions whatsoever concerning your use of the Company’s Intellectual Property, whether before or after certification, *please* contact us. 

THESE ARE *NOT* INCLUDED

1. Services. Done-for-you services of any kind are not included. 
2. Coaching. One-on-one coaching is not included. This is a group support experience; please allow three (3) business days for responses to questions in our communities. 
3. Endorsements. You are not receiving an endorsement from Company or Traci DeForge, and neither is any other participant. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by the foregoing. 
4. Participant Ownership of Written Materials. As a Participant, you will have one license to view written materials provided by Company. You do not have ownership of this information, which is protected by federal copyright laws. You may not copy, re-engineer, re-teach, distribute, or otherwise provide access to this information to any other person, for free or paid, without our express written consent, which it may withhold for any reason, and purchase of a license (prices start at $5,000.00). 
5. Trademark Usage. Produce Your Podcast protects its names. You are not receiving permission to use trade and service marks like Certified Podcast Manager™, PodHive™, or any other trademark of the Company, even if not listed here, without express written consent of the Company to do so. 
6. Results Not Guaranteed. You are receiving access to Program materials, support and guidance, but not guaranteed results in your business or guaranteed outcome from participating in the Program. 

THESE ARE YOUR RESPONSIBILITIES- Do not join unless you can do these things: 

Here is a list of your responsibilities in participating in the Certified Podcast Manager™ Program:

1. Know Your Own Circumstances. You are in the best position to evaluate your personal circumstances, including legal, medical, financial, business, and family matters, and you take sole responsibility for the decisions or actions (or inaction) regarding them as those decisions or actions pertain to participating in the Program. 
2. You can afford to pay the entire cost of the program, even if you cannot fully participate and do not become Certified. By signing up, you are representing and warranting to Produce Your Podcast that you can bear the economic risk for paying the program purchase price, and that in doing so, you will not experience economic or financial hardship. 

IMPORTANT LEGAL TERMS

Please read this carefully because it impacts valuable legal rights!

1. There is a LIMITED REFUNDS policy. 

You have two (2) calendar days from the date of your purchase to request a refund. Thereafter, no refunds are available for any reason, and you will continue to be billed according to the terms of this Agreement until paid in full. Company considers this policy a material inducement to entering into this Agreement, and would not have done so unless this Limited Refunds policy were included. If you initiate a chargeback, Company will issue a $250 fee to you. 

2. You are a Business Owner. 

You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights. 

3. Disclaimer of Warranties. 

Participant understands the Program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you.

4. Damages are limited under this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT OF UNDER THIS AGREEMENT. 

5. No Accreditation. 

Participant acknowledges that no representation has been made concerning the accreditation of the Certified Podcast ManagerTM Program. It is not a regionally or nationally accredited program and has not been accredited by the Council for Higher Education Accreditation or any other designated agency or accrediting body recognized by the United States Department of Education.

6. No Professional Advice.

The Company does not engage in the rendering of legal, accounting, or other professional services. Any information provided during the Term of this Agreement is not meant to be an endorsement or offering of any business or other investment. You acknowledge that you will make your own decisions before acting on any information gained from this program.

7. No Guarantee of Revenue or Profits; Risk of Loss. 

Business profitability or the lack thereof is greatly dependent upon individual decisions, abilities, and general market forces, and the Company makes no guarantees or warranties that information provided to you through the Program will result in profits.

The Company is in no way responsible or liable for your use of the information provided through the Program. By signing this Agreement, you acknowledge that you assume all risks and liabilities related to your business, including the loss of funds invested.

8. We can end your participation in the program under certain circumstances. 

Company may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate. In this circumstance, Company will provide a pro-rated refund to you. 

9. Florida law governs this Agreement and it will be enforced by either party in Florida. 

This Agreement will be governed by Florida law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of the Florida courts and agree that any legal proceeding commenced shall take place in a 50-mile radius of the Company’s headquarters in Florida. 

10. No Assignment; No oral waivers or modifications.

This Agreement may not be assigned to any other party to deliver or participate in the Program. Its requirements may not be waived or modified except in writing signed by the Company. 

11. Electronic Signatures and Other Documents. 

You agree that your electronic signature is valid and binding evidence of your assent to the terms of this Agreement. You agree to sign additional documents which may be necessary to complete the material purpose of this Agreement, including without limitation, payment authorizations, publicity releases, and/or license agreements. 

12. No relationship; Legal Interpretation. 

To the fullest extent permitted at law and equity, nothing in this agreement, the conduct of the parties, or the course of dealing among them shall be construed as a general or limited partnership, employer/employee, or principal/agent relationship of any kind whatsoever. 

Under no circumstances shall this Agreement be construed to as a transfer of ownership of primary or derivative intellectual property of Produce Your Podcast. 

I have read the foregoing Agreement, and by purchasing, I understand its terms, and agree.