I – BINDING EFFECT
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Indian River, Florida in all disputes arising out of or related to the use of the site.
The site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, non-commercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEE ABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of Site are: © 2018+ Klefka. All rights reserved.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.
LAST UPDATED: 02/11/2019
Certain areas of the world require different privacy disclosures, so be sure to read the entire policy to make sure you understand it completely!
Personal data is information that can be used to identify you such as your name, IP address, and email address.
As a business, we collect personal data from you in a number of ways including:
(1.) Opt-In For Content Upgrade: Your name and email address.
(2.) Waiting List: Your name and email address.
(3.) Transaction: You name, email address, billing information and payment source.
(4.) Submitting Questions: Your name, email address, and question.
(5.) Lessons: Your name and email address.
We collect the information above for the following purposes.
(1.) Opt-In For Content Upgrade: To provide you with further information on a topic you have shown interest in.
(2.) Waiting List: To let you know when a course or service opens or is closing.
(3.) Transaction: To process a purchase you make with us.
(4.) Submitting Questions: To answer questions you might have for us.
(5.) Lessons: To send you lessons you are interested in.
Websites must have a legal basis for collecting information from individuals located in the European Union.
Our legal basis for each of the ways we collect information from you is as follows.
Please note where consent forms the basis, you can withdraw consent at any time by contacting Klefka or opting out of any email message using the “unsubscribe” link.
(1.) Opt-In For Content Upgrade: We will ask for your consent first.
(2.) Waiting List: We will ask for your consent first.
(3.) Transaction: We will collect your information as part of a legal contractual transaction.
(4.) Submitting Questions: We have an allowed legitimate interest in providing a response to your questions and need to use your data to do so. We will not use the data for other purposes.
(5.) Lessons: We will ask for your consent first.
“Legitimate interests” for processing your personal information exist where you submit the information with an expectation that it will be processed and there is no undue impact on you.
If you disagree or have questions, please contact us at firstname.lastname@example.org we will cease the processing of your data under this legal basis.
We process and access to the data we collect from you.
However, we use third parties to assist us with processing your personal data including the following categories of recipients:
Financial transaction processors (processing your payments)
Customer service communication platform
Contest and survey platform
Email communication manager
Marketing funnel providers
Website management services
Website design and programming services
These third parties have signed a contract with us in which they are prohibited from utilizing, sharing or retaining your personal data for any purpose other than we dictate.
This tracking is done to provide us with information on how people move about the site, what is of interest to them and what is not, how our marketing is performing, and incidental items such as what percentage of users access the site from a personal computer versus a mobile phone.
You may block most cookies by adjusting your browser settings as well as responding to the cookie consent notice that appears when you visit this site.
We keep your personal data for different periods of time depending on the reason it was gathered in the first place.
(1.) Opt-In For Content Upgrade: 48 months
(2.) Waiting List: 48 months
(3.) Transaction: 48 months for tax audit purposes.
(4.) Submitting Questions: 48 months
(5.) Lessons: 48 months
If a legal claim arises involving your data, we will store and disclose that data until the matter has resolved.
You have the right to control your personal data. Specifically, you have the following rights:
The right to be informed: We are informing you now with this policy.
The right of access: We’ll provide you with the data we have about you.
The right to rectification: Request we fix incorrect data about you.
The right to erasure: Request we erase certain data about you.
The right to restrict processing: Ask us to restrict certain type of processing of your personal information.
The right to data portability: Ask us to provide your personal data we have for export.
The right to object: Object to how we use your data.
Rights in relation to automated decision making and profiling: We don’t profile you, but keep in mind you have this right with other sites.
To exercise any of these rights, please contact us at email@example.com with your request.
Although this is mentioned above, we want to emphasize that wherever we’ve asked for your consent to collect or process your personal data, you have the right to withdraw that consent.
If you receive email messages from us, you can use the “unsubscribe” link in each message to withdraw consent and stop the mailings.
Alternatively, you can contact us at firstname.lastname@example.org with your request.
No. We are located in the United States. Your data is collected and held here.
You can contact us at email@example.com with your request with any questions or requests you have about these policies or your personal data.
If, after contacting us, you feel a privacy issue has not be resolved, you have the right to file a complaint with a Supervisory Authority such as the Data Protection Commissioner of Ireland.
1900 W. carla Vista Dr. #7711
Chandler AZ, 85226
You can also send correspondence by traditional mail to Klefka, 1900 W. Carla Vista Dr. #7711 Chandler AZ, 85226
Pursuant to the California Online Privacy Protection Act, we hereby disclose that we do not currently honor “do not track” signals issued by browsers or other third party sources.
If you are an individual under 18 and have provided personal information or content to us in some manner, you have the right to request the deletion of that information pursuant to the “California Eraser Law.” Contact us to make such a request at firstname.lastname@example.org.
We may process, store, and disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us, (2) protect and defend our rights or property or (3) act under exigent circumstances to protect the safety of the public or users of the site.
We comply with the Digital Millennium Copyright Act of 1998. As part of the compliance process, we may be required to disclose whatever information we have for you to a copyright holder who has submitted a complaint to us.
You may leave comments on forum posts. Please remember that any information you provide is not private. The information can be viewed by anyone online including family, friends, the media, investigators, and potential employers conducting background checks.
We link to other sites, but please keep in mind that we do not control the privacy policies of those sites. Make sure to review the policies of any such sites before providing your personal information.
Should we sell this site or our business, your personal information will be an asset transferred to the new owner.
I’ve always believed in transparency on the web and so I am disclosing that I’ve included certain products and links to those products on this site that will earn me an affiliate commission for any purchases you make. My goal with Klefka is to help educate you on the possibilities that exist by utilizing the internet and your personal website as a sales platform.
You should assume that any links leading you to products or services are affiliate links that I will receive compensation from just to be safe. Having said that, there are millions of products and services on the web that relate to blogging and making money online. I only promote those products or services that I have investigated and truly feel deliver value to you.
Klefka is also a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn affiliate commissions by advertising and linking to Amazon.com.
Additionally, Klefka is a independent ClickFunnels, FourPercent, MarketHero, Bathmate, DavidWygant, LegalZoom, Fundwise, Version, AT&T, Techsmith, ProWritingAid, Northone, SemRush, Mangools, SizeGenetics, Magix, Scribie, TubeBuddy, Fiverr, ActiveCampaign, GetResponse, Aweber, ClickMagick, NinjaOutreach, Heepsy, Sprizzy, Pageautoresponder, 20dollarbanners, Shourcart, Microsoft, Namecheap, Cloudways, Stackpath, DeliciousBrains, Generatepress, CSS Hero, Shortpixel, Squirrly SEO, WPRocket, Perfmatters, Sucuri, SwiftPerformance, 99Designs, Sovrn, Adthrive, Mediavine, Ezoic, Adterra, Exoclick, Translatepress, Berkey Filters, Vitamix, TheMacaTeam, Nuts, PrimalHerb, EthaLiveFully, OmegaJuicers, VitalProteins, EnviroMedica, Vaporfi, Pax, DavinciVaporizer, KalmWithKava, Starwest Botanicals, Fleshlight, MasterMind, and SSL Affiliate, not an employee. Klefka receives referral payments from the forementioned companies.
The opinions expressed here are Klefka’s and are not official statements of the forementioned companies or their parent companies.
Please note that I have not been given any free products, services or anything else by these companies in exchange for mentioning them on the site. The only consideration is in the form of affiliate commissions or compensation as an advisor for a few companies.
If you have any questions regarding the above, please do not hesitate to contact me by using the contact page. It can be accessed on the menu above.
In launching this site, I’ve tried to be as transparent as possible while assuming that you are a reasonable person who uses common sense.
I assume you understand that if you launch an online business tomorrow, you will not be making six figures the first month or even four figures if you are a beginner.
Building an online business, whether passive or active, takes time and a lot of hard work. I’ve put in the time and effort, and have been very fortunate.
I’m sure you understand as much but, alas, common sense is apparently no longer enough in this world of ours and my lawyer is insisting the following language be published on the site. So here it is:
Any Income claims published on klefka.com represent the revenue earned by Klefka during the time and period in question. These figures may be modified slightly to reflect returns or refunds processed during the previous month, but only slightly.
Having said this, there is NO GUARANTEE that employing the same techniques, ideas, strategies, products, or services I discuss will produce the same results for you.
Examples and strategies provided in articles, videos, podcasts, live broadcasts, and other content I produce are based on my personal experience except where indicated.
They may or may not work for your specific business idea and are not to be interpreted as a guarantee or promise of earnings or success.
The materials provided on Klefka are not to be interpreted as a “get rich quick” scheme in any way. Launching a business online takes a lot of hard work and a huge amount of dedication. Your earning potential is entirely dependent upon you, and the current online market.
The claims made by Klefka can be verified upon written request made via the contact option on the site.
WHETHER YOU ARE SUCCESSFUL EMPLOYING THESE TECHNIQUES AND STRATEGIES IS DEPENDENT UPON FACTORS, INCLUDING BUT NOT LIMITED TO, YOUR SKILLS, FINANCIAL RESOURCES, MARKETING KNOWLEDGE, BUSINESS MODEL, AND TIME YOU DEVOTE TO BECOMING AN ONLINE SUCCESS.
BECAUSE OF THIS, KLEFKA CANNOT GUARANTEE YOUR EARNINGS LEVEL.
Apologies for the legal BS, but there are always a few people with unrealistic expectations.
Digital Millennium Copyright Act Notice
Klefka respects the intellectual property rights of others just as it expects third parties to respect its rights.
Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a take-down notice to us via our DMCA Agent listed below.
As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA.
To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices to the following. Please send by email for prompt attention.
Richard A. Chapo
Law Office of Richard A. Chapo
PO Box 373
Pine Valley, CA 91962
If you have received a notice of material being take-down because of a copyright infringement claim, you may provide us with a counter-notification in an effort to have the material in question restored to the site.
Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
Your physical or electronic signature.
A description of the material that has been taken down and the original location of the material before it was taken down.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
Email your counter notice to our DMCA Agent: Richard A. Chapo, Esq. at email@example.com for prompt action or send to: Richard A. Chapo, PO Box 373, Pine Valley, CA 91962 – Phone: 800-966-1679 – Email: firstname.lastname@example.org.
Again, email is encouraged for quick action.
Klefka takes copyright infringement very seriously.
Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, Klefka maintains a list of DMCA notices from its copyright holders with its registered DMCA Agent.
The company makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.
Klefka reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.
General Data Protection Regulation Policy
Collection and Use of Personal Information. The company (also referred to herein as “Klefka”) may collect personal information from You.
Personal information is information relating to an identifiable person who can, by virtue of such information, be directly or indirectly identified.
You may be asked to provide Your personal information anytime You are in contact with Klefka or a Klefka affiliated company.
They may also combine it with other information to provide and improve our products, services, content, and advertising.
You are not required to provide the personal information that we have requested, but, if You chose not to do so, in many cases we will not be able to provide You with our products or services or respond to any queries You may have.
What personal information we collect when You create a Klefka User Account, purchase a product, download a software update, or contact us, we collect a variety of information, including Your name, mailing address, phone number, e-mail address, and contact preferences.
When payment, or payment information, is required, we will direct You to submit credit card information through a third-party such as Stripe.
When You, as a Klefka Account Holder, acquire information regarding Your customers and then upload that information to Klefka, Klefka will store whatever personal information regarding Your customers that You have uploaded on Klefka production servers.
The personal information we collect allows us to keep You posted on Klefka’s latest product announcements, software updates, and upcoming events.
If You don’t want to be on our mailing list, You can opt out anytime by navigating to the unsubscribe link in the last e-mail You received from Klefka. You will have the option to unsubscribe from an individual list, or from all Klefka lists.
We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
We may use Your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use the date of birth to determine the age of Klefka Account holders.
From time to time, we may use Your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to Your interaction with Klefka, You may not opt out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Klefka’ products, services, and customer communications.
We also collect data in a form that does not identify any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose.
The following are some examples of non-personal information that we collect and how we may use it:
We may collect information such as business, language, zip code, area code, unique device identifier, referrer URL, and the time zone where a Klefka product is used so that we can better understand customer behavior and improve our products, services, and advertising.
We may collect information regarding customer activities on any of our websites.
This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is non personal information.
We may collect and store details of how You use our services. This information may be used to improve the relevance of results provided by our services.
Klefka’ websites, e-mail messages, and advertisements may use “cookies” and other technologies such as tracking, remarketing tags, and pixels based on context, e.g., a search query, a channel You are reading, or inferred interests.
These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches.
We treat information collected by cookies and other technologies as non personal information.
We design and target advertising based on how You interact with Klefka. If You do not wish to receive ads targeted to Your interests from Klefka’, You can choose to limit ad tracking, which will opt Your Klefka ID out of receiving such ads regardless of what device You are using. You may still see ads based on context like a search query or a channel You are reading.
To limit ad tracking, you may opt-out by clicking on this tool for (USA) or this tool for (EU) both of which are not directly Klefka-affiliated.
You may also use Your browser’s settings to disable cookies and other tracking tools. Please note that certain features of the Klefka website will not be available once cookies are disabled.
We gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.
We use this information to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole.
Klefka may use this information in our marketing and advertising services.
In some cases we use a “click-through URL” linked to content on the Klefka website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website.
We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our marketing communications. We also use it to account for Affiliate activity and pay Affiliate commissions and bonuses.
At times Klefka may make certain personal information available to strategic partners that work with Klefka to provide products and services, or that help Klefka market to customers.
Personal information will only be shared by Klefka to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
Klefka will provide Your email address to affiliates or users who refer You to us, or through whom You create a Klefka account.
Klefka shares personal information with companies who provide services such as information processing, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, and assessing Your interest in our products and services.
Klefka also shares Your information with financial institutions who provide payment (both to and from You) services.
Finally, Klefka provides Your personal information with API integrators You have chosen, and other third party software services to assist You when You so direct us.
These companies are obligated to protect Your information and may be located wherever Klefka operates.
It may be necessary − by law, litigation, or requests from government authorities within or outside Your country of residence − for Klefka to disclose Your personal information.
We may also disclose information about You if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose information about You if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
Additionally, in the event of a reorganization, merger, or sale of Klefka we may transfer any and all personal information we collect to the relevant third party.
Klefka takes the security of Your personal information very seriously.
When Your personal data is stored by Klefka, we use computer systems with limited access housed in facilities using physical security measures.
When You use some Klefka products and services that by their nature are public facing, such as when You post on a Klefka forum, the personal information and content You share is visible to other users and can be read, collected, or used by them.
You are responsible for the personal information You choose to share or submit in these instances.
For example, if You list Your name and e-mail address in a forum posting, that information is public.
Please take care when using these features.
Klefka will retain Your personal information for as long as You have a Klefka account.
You can help ensure that Your contact information and preferences are accurate, complete, and up to date by logging in to Your account at https://www.klefka.com/login/.
For other personal information we hold, we will provide You with access (including a copy) upon Your request.
We may decline to process requests that are frivolous, vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
Access, correction, or deletion requests can be made by contacting email@example.com.
We understand the importance of taking extra precautions to protect the privacy and safety of children using Klefka products and services.
Children under the age of 13, are not permitted to create their own Klefka IDs; instead, a parent must obtain the account and provide the parent’s information to Klefka.
If we learn that we have collected the personal information of a child under 13 we will delete the information as soon as possible.
Klefka websites, products, applications, and services may contain links to third-party websites, products, and services.
Our products and services may also use or offer products or services from third parties.
Information collected by third parties is governed by their privacy practices.
We encourage You to learn about the privacy practices of those third parties.
If You are a citizen or a resident of a country in the European Union, the GDPR grants You the following rights:
You have the right to receive a copy of Your personal data that is subject to processing by Klefka.
Ordinary requests will be granted without charge to You within one calendar month of when You make the request.
In cases of excessive, unreasonable, or repeated requests Klefka may charge You a reasonable fee and may require additional time to grant Your request.
Also, Klefka may use reasonable means to confirm Your identity before granting any request for data so as to prevent granting fraudulent requests.
To request a copy of Your personal data, please contact us by e-mail at compliance@Klefka.com.
If Your personal data is erroneous or outdated, You have the right to have it corrected.
To do so, please contact Klefka via e-mail at firstname.lastname@example.org, or simply log in to Your account at https://www.klefka.com/login/.
You have the right to be forgotten by Klefka.
You may exercise this right by emailing us at compliance@Klefka.com.
We will comply with Your request, at no charge to You, within one calendar month by deleting Your account, along with all of Your personally-identifiable data that is subject to any Klefka processing.
Naturally, after we grant Your request You will not have access to any Klefka products or services unless and until You open a new Klefka account.
Klefka may use reasonable means to confirm Your identity before granting any request for data so as to prevent the granting of fraudulent requests.
You can request that Your data not be processed via Klefka partners.
You can make that request by emailing us at email@example.com and, if you wish, you can even specify which third parties to restrict from processing Your data.
We will respond to Your request, at no charge to You, within thirty (30) days from when You make Your request.
Please be advised that some of our partners, e.g., Stripe, are essential to Klefka services, so that if You block processing by them, Klefka’ services may be unavailable to You.
You have the right to receive a copy of Your personal data that is subject to processing by Klefka in a portable format, or to have it transferred directly from Klefka to another party.
Ordinary requests will be granted without charge to You within one calendar month of when You make the request.
Klefka may use reasonable means to confirm Your identity before granting any request to transfer data to You or another party so as to prevent granting fraudulent requests.
To request a copy of Your personal data in a portable format, or to request a direct transfer of Your data, please contact us by e-mail at compliance@Klefka.com.
If You are a Klefka User, then that probably means You are a business owner, using the Klefka software to sell goods and services to Your customers.
With respect to the customer data that You provide to Klefka, Klefka is a data processor and will comply with its obligations under the GDPR; but with respect to Your customers, You are probably a data controller, and if any of Your customers is a citizen or a resident of a country in the European Union, then You must ensure that You comply with Your obligations as a data controller under the GDPR; namely, You must ensure that You afford Your Customers the rights identified above.
Klefka sells software, among other products or services; it does not provide legal advice or legal services, nor does it sell a “done-for-you” GDPR compliance package.
Please consult legal counsel of Your own choosing for advice on what You need to do to comply with GDPR.
To make sure Your personal information is secure, we communicate our privacy and security guidelines to Klefka employees and strictly enforce privacy safeguards within the company.
XXII – PRIVACY QUESTIONS
When a privacy question or an access or download request is received we have a team dedicated to addressing the specific concern or query which You are seeking to raise.
In responding to Your request, we may need to request more information from You.
If You are unsatisfied with the response You receive, You may refer Your complaint to the relevant regulator in Your jurisdiction.
If You ask us, we will endeavor to provide You with information about relevant complaint avenues which may be applicable to Your circumstances.
If You live in the European Economic Area, United Kingdom, or Switzerland, and You wish to contact us regarding questions or to exercise Your statutory rights, please contact us at compliance@Klefka.com, or You may contact our Data Protection Officer, Ryan Montgomery, at firstname.lastname@example.org, or You may contact our EU representative as follows
VeraSafe Czech Republic s.r.o
Prague 1, 11002
Contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative
THE KLEFKA PARTNER PROGRAM
WHAT IS IT?
The Klefka Partner Program allows You to be an advocate for Klefka and Klefka’s suite of products (the “Products”) and make a commission on each sale that comes from your marketing efforts as further described in this Agreement.
WHAT DO I DO AS A PARTNER?
When You sign up to become a Klefka partner you’ll get a unique partner link that You can promote that will track all sales to You. Whenever You tell a potential new customer about Klefka and how we can help them through any of our products, just use that link, and we will take care of the rest. You can provide the link through a number of ways, including through your own promotional website, e-mail campaigns, social media posts, blogs, videos, and even text messages, so long as You comply with applicable laws and our policies when doing so.
WHAT DOES KLEFKA EXPECT FROM PARTNERS?
We expect partners to act as advocates and ambassadors of the Klefka brand. This includes having an understanding and knowledge of how our Products work. Partners must follow the brand usage guidelines which includes proper use of “Klefka” and appropriate display of brand logos as shown here: https://www.klefka.com/brand/.
KLEFKA PARTNER TERMS & CONDITIONS
This Klefka Partner Agreement (the “Agreement”) is made and entered into by and between the company (“Klefka”), and the party submitting an application to become a Klefka partner, or having an accepted application (“Partner” or “You”).
The terms and conditions contained in this Agreement apply to your participation as a Partner in any affiliate program (“Partner Program”) for which Partner is approved by Klefka.
Each Partner Program offer (an “Offer”) may be for any Partner Program offering by or through Klefka, including but not limited to offerings described on a specific web site for a particular Offer (“Program Web Site”).
Each Offer may have additional terms and conditions on the Program Web Site for that Partner Program.
All such terms and conditions are incorporated as part of this Agreement, except to the extent they are the subject of a separate agreement required for participation as a Partner for that Program.
By submitting an application or participating as a Partner of Klefka, You expressly consent to all the terms and conditions of this Agreement, and to the terms and conditions of any Partner Program in which You participate.
You must submit a Partner Program application (“Application”) in order to be considered for selection as a Klefka Partner. Only completed applications providing ALL requested information will be considered.
You must accurately complete the Application. You agree and understand that You must provide us with your true identity, physical address, phone number, and other contact information, as well as business and banking information if requested. You may not use any alias, pseudonym, persona, pen name, DBA, or other means to mask your identity or business details.
You understand that You must update your Application in the future if the information You have provided changes or is updated. Any false or incorrect information, or a failure to update the Application, is cause for rejection of your Application, or if later discovered, immediate termination of your Partner status without compensation.
After we review your Application, we will notify You in due course of your acceptance or rejection as a Partner. We may accept or reject your Application at our sole discretion for any reason.
By submitting an application to be considered as a Partner, You affirm and acknowledge that You have read this Agreement in its entirety, understand it, and agree to be bound by all of its terms and conditions. If You do not wish to be bound by this Agreement, You should not submit an application to be considered as a Partner.
Upon acceptance, Partner will be notified by email. The email may contain one or more Partner credentials (including a partner username, partner ID number, login password, partner URL, or the like). The acceptance email and Partner credentials may not be shared with any person outside Partner’s organization.
Acceptance as a Klefka Partner does not assure your eligibility for every Product or Offer by Klefka. You understand that Klefka reserves the right at any time to limit some Products or Offers to certain partners at its sole discretion (based e.g. on need, prior results or performance, experience, market size, compatibility of the Program with the Partner, or other criteria of Klefka’s choosing).
You are an independent contractor of Klefka. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Klefka and You by virtue of this Partner Agreement.
This declaration of independent business status is made by Partner in relation to services performed by the Partner for or in connection with Klefka. The Partner states and declares the following:
The Partner acknowledges that the Partner operates the Partner’s own independent business and is providing services for or in connection with the Klefka as an independent contractor.
The Partner acknowledges that the Partner is not an employee of the Klefka and the services rendered for or in connection with the Klefka do not establish any right to unemployment benefits or any other right arising from an employment relationship.
The Partner is responsible for all tax liability associated with payments received from or through the Klefka and the Klefka will not withhold any taxes from payments to the Partner.
The Partner is responsible for obtaining and maintaining any required registration, licenses or other authorization necessary for the services rendered by the Partner.
The Partner acknowledges at least six of the following:
(a) That the Partner is not insured under the Klefka’s health insurance coverage or workers’ compensation insurance coverage.
(b) That the Klefka does not restrict the Partner’s ability to perform services for or through other parties and the Partner is authorized to accept work from and perform work for other businesses and individuals besides the Klefka.
(c) That the Partner has the right to accept or decline requests for services by or through the Klefka.
(d) That the Klefka expects that the Partner provides services for other parties.
(e) That the Partner is not economically dependent on the services performed for or in connection with the Klefka.
(f) That the Klefka does not dictate the performance, methods or process the Partner uses to perform services.
(g) That the Klefka has the right to impose quality standards or a deadline for completion of services performed, or both, but the Partner is authorized to determine the days worked and the time periods of work.
(h) That the Partner will be paid by or through the Klefka based on the work the Partner is contracted to perform and that the Klefka is not providing the Partner with a regular salary or any minimum, regular payment.
(i) That the Partner is responsible for providing and maintaining all tools and equipment required to perform the services performed.
(j) That the Partner is responsible for all expenses incurred by the Partner in performing the services.
The Partner acknowledges that the terms set forth in this declaration apply to the Partner, the Partner’s employees and the Partner’s independent contractors.
Your Agreement with Klefka begins when You sign your signature and submit this Agreement. The Agreement will continue until either:
Klefka cancels your partner account due to your breach of any of the terms of this Agreement. In the event this Agreement is canceled due to your breach, You forfeit all Commissions and any potential bonuses owed to You or that may in the future be owed to You.
Klefka or its successors or assigns, in its sole and absolute discretion, cancel your Partner Agreement. In the event that Klefka or its successors or assigns cancel your Partner Agreement, You will first receive thirty (30) days’ written notice, sent to the e-mail address You provided Klefka and that is associated with your Partner profile.
In addition to any other rights and remedies available under this Agreement, Klefka reserves the right to disregard any actions obtained through Partner’s efforts and to deny, withhold, and/or freeze any unpaid Commissions Due, and/or charge back any and all amounts paid to your account if
(i) Klefka determines that you have violated this Agreement in a manner that constitutes a material breach including by unfairly gaining an advantage over other affiliates, or by misleading, confusing, or potentially misleading or confusing any customer or potential customer with respect to any Program or Offer;
(ii) Klefka receives any complaints about your participation in the Partner Program which Klefka reasonably believes to violate this Agreement in a way that constitutes a material breach or which unfairly provided an advantage to you, or resulted in payments hereunder that are contrary to the terms and conditions herein, or that are specific to any Program or Offer;
(iii) or any payments made to you hereunder are later determined to have been the result of advertising or actions that did not meet the requirements set forth in this Agreement, Partner Program, or Offer.
Such withholding or freezing of Commissions Due, or charge backs for payments made, may be without regard as to whether or not such Commissions were earned directly or indirectly as a result of such breach.
In the event of a material breach of this Agreement, Klefka reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities it deems useful, or any third party that has been or claims to have been damaged by your actions.
COMMISSIONS. Upon approval into the Partner Program, You will receive a unique Partner URL, which You will use to advertise Klefka. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a free Klefka account by using your Partner Link, the Cookie on the Prospect’s browser, corresponding to your unique URL, registers a “Sign Up,” and each such user becomes a “Member”. In the event that a Prospect has multiple Partner Cookies, the most recently-acquired Cookie will determine which Partner is credited. You will be paid a commission for each Sold Product that generates a minimum payment of at least $10.00 to Klefka. The Commission amount is 30% of all fees received by Klefka for a Product Sold. Commission payments will be made to You on or before forty-five (45) days following Klefka’s receipt of payment for a Sold Product, subject to the other terms set forth herein.
For purposes herein “Customer Acquired” means a sale of a product or service in accordance with this Agreement, and the specific terms and conditions of any Klefka Partner Program or Offer. For purposes herein “Customer” means the recipient of a sale of a product or service in accordance with this Agreement, and the specific terms and conditions of any Klefka Partner Program or Offer. For purposes herein “Qualified Action” means an action taken by individual, natural person (“human”) who fulfills the criteria set forth in a Klefka Partner Program or Offer where such actions are the result of sales or marketing or advertising activity of the Partner in accordance with this Agreement, and the specific terms and conditions of the Program or Offer.
For the sake of clarity and in addition to any specific terms or conditions set forth in a specific Program or Offer, a Qualified Action occurs when the person
(i) accesses a Program Web Site or other URL via a Link, where the Link is the ‘last link’ used by that individual to access the Program Web Site or URL; and
(ii) completes all of the information required for such action within the time period set forth in the Program or Offer.
A Qualified Action herein does not include any action:
(i) using the partner’s own link to purchase the product for their personal use;
(ii) utilizing a computer generated user, such as a robot, spider, computer script or other automated means;
(iii) involving any artificial or fraudulent method to appear like an individual, natural person;
(iv) using pre-populated fields;
(v) that is not a bona fide expression of interest by an individual natural person or is solely intended to generate a commission;
(vi) is later determined by Klefka to be fraudulent, incomplete, unqualified or a duplicate;
(vii) is obtained in violation of law, in violation of this Agreement, or in violation of any terms of conditions of the relevant Program or Offer;
Klefka reserves the right to change attribution of a Commission at the request of a Customer. Such change shall be done within 30 days of the sale.
TAXES. Before You can be paid any Commission or Bonuses, You must provide Klefka a completed W-8, W-9, or other tax form as instructed by Klefka. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed tax form to Klefka. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from Klefka. If You are not a resident of the United States, Klefka may withhold tax (including without limitation VAT) where required to by applicable law. Where Klefka is required to withhold tax, Klefka will document such withholding.
MINIMUM COMMISSION AND BONUS PAYMENT. Your combined commission and bonus amount must equal or exceed One Hundred and 00/100 Dollars ($100.00) before You receive a payment from Klefka. If your combined commissions and bonuses for a given month are less than $100.00, your commissions and bonuses will be held until your combined commissions and bonuses equal or exceeds $100.00.
COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between Klefka and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by Klefka, You will not be paid a Commission or Bonus on the transaction. If payment for a Sold Product or a Legacy Sale later results in a refund or charge-back, and if a commission or bonus was paid to You for that Sold Product or Legacy Sale payment, then the commission or bonus will be deducted from your future commissions. If Klefka determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Klefka after payment, such payment amounts shall be deducted from your future commissions and bonuses.
U.S. DOLLARS. PAYMENT PROCESSING FEES. All commissions are paid in US Dollars. Depending on what payment processor or payment method You instruct us to use, processing fees may be deducted from your Commissions payment.
CHARGEBACKS, OFFSETS, HOLDBACKS, AND ACCOUNTING CHARGEBACKS. Partner understands and agrees that Klefka has the right to charge back Partner’s account or otherwise adjust for any previously paid Commissions Due based on Customers and/or Qualified Actions that are later determined to have not met the requirements for Customers or Qualified Actions as set forth herein, or which were obtained contrary to the terms and conditions hereof (“Chargebacks”), or whose attribution was changed at a Customer’s request. If Partner has any outstanding balance due to Klefka under this Agreement or any other agreement between Partner and Klefka, Partner expressly agrees that Klefka shall have the right to offset any Commissions Due payable to Partner by the amount owed Klefka by Partner (“Offsets”) (whether or not related to Partner Program) at any time under this Agreement.
Klefka agrees to provide an accounting of any Offsets made based on this Section, including the source and amounts of such Offsets, in a statement provided to Partner here-under. Partner understands and agrees that any earned commissions prospectively due for Partners having less than $100 (one hundred US dollars) in earned commissions will be held back (“Holdbacks”) until such time as the Commissions Due total is at least $100. Partner also understands and agrees that Klefka may hold a percentage of Commissions for a period of 90 days after sale to ensure ability to Offset (currently 10%). Klefka shall provide a periodic invoice (monthly, unless otherwise specifically stated) on behalf of Partner for all commissions earned under this Agreement and shall remit any Commissions Due to Partner in accordance with the provisions hereof, subject to any Charge-backs, Offsets, and/or Holdbacks.
Determinations of Partner’s earned commissions, based on Customers or Qualified Actions shall be made by Klefka in its sole discretion, based on available data including cookies, tracking data, partner links, or the like. If Partner agrees with the amounts set forth in an invoice or does not timely dispute the invoice, then Partner agrees that it irrevocably waives any claims for the period of time covered by that invoice. In the event that Partner intends in good faith to dispute any portion of an invoice, Partner must submit that dispute to Klefka in writing within thirty (30) days of the date on the invoice (“Dispute”). Each Dispute shall set forth its own accounting, and the basis for the Partner’s accounting or for other disagreement with regard to the invoice, in sufficient detail for Klefka to conduct a review. Partner shall include with each Dispute submitted any supporting evidence including Partner’s own tracking data with respect to Customers or Qualified Actions. If Klefka’s and Partner’s accounting vary by more than 10% and Klefka reasonably determines that Partner has used generally accepted industry methods to track Customers or Qualified Actions, then Klefka and Partner agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Klefka’s numbers shall govern.
COMMISSION QUALIFIERS. Qualifying for and receiving payout for sales made by Partner (“Commissions Earned”), or Partner’s salesforce (“Overrides Earned”) requires Partner to meet or exceed Klefka’s criteria for qualification. In order to qualify and receive payout from Klefka for the Commissions Earned and Overrides Earned, Partner must meet or exceed the following criteria
(i) Sales to consumers in the general public, who initially show interest in Klefka’s product or service and no initial interest in the Partner Program, who purchase Klefka’s product or service before participating in Partner Program (“Retail Sales”) must match or exceed those sales to consumers who initially show interest in Klefka’s money making opportunity or Partner Program, who participate, advertise, promote, or endorse Partner Program before purchasing Klefka’s product or service (“Opportunity Sales”).
(ii) Qualification for Overrides Earned is acquired and upheld by maintaining a Klefka service or team subscription. Any Partner who has Overrides Earned and has cancelled his/her subscription will not be eligible for payout on any previous or current month’s Overrides Earned.
(iii) Media created by Partner during the Term of this Agreement, that uses Confidential Information from Klefka to research, develop, or otherwise form said media, that’s purpose is to promote, advertise, or endorse Klefka in any way, shape, or form (“Partner Media”) must be uploaded onto one of Klefka’s communication platforms (i.e., Social Media or Program Website) and must be accepted and published by Klefka two (2) times per month.
In the event that Partner is unable to meet the foregoing criteria, Klefka reserves the right to withhold, penalize, or deduct Partner’s Commissions Earned and/or Overrides Earned as Klefka sees fit.
If a distribution is to be made to a minor, or to a person who is otherwise incompetent, then Klefka may, in its discretion, make such distribution: (i) to the legal guardian, or if none, to a parent of a minor payee with whom the payee maintains his or her residence, or (ii) to the person having custody of an incompetent payee. Any such distribution shall fully discharge Klefka from further liability on account thereof.
TRUTHFUL. Anything that You communicate in marketing or advertising any Klefka product, service or opportunity must be true and accurate. Claims that relate to any Klefka product, service, or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports Klefka. You may not use the intellectual property of any other person or entity in advertising any Klefka service or opportunity.
DISCLAIMER. On any website that You advertise any Klefka product, service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent Klefka Partner, not an employee. I receive referral payments from Klefka. The opinions expressed here are my own and are not official statements of Klefka.
NON-DISPARAGEMENT. You are not permitted to disparage the products or services of any other person or entity, including without limitation the products or services of a competitor of Klefka.
INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own purchases or User Account(s). You are not permitted to open a Klefka account under the name of another person or entity, or under a fictitious name. You are not permitted to open a Klefka account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s product purchase or account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to Klefka all Commissions and Bonuses earned as a result of any such violation.
INCOME CLAIMS. If your recruiting efforts include claims related to the potential income a Klefka Partner can make, or if You make a potential income claim related to any product, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of Klefka, the following guidelines must be adhered to:
Your statements must be completely true and accurate and supported by evidence;
If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and
Your statements must be accompanied by the Klefka Income Disclosure Statement.
For each Partner Program, Klefka will provide Partner with tools to assist Partner with success. Such tools may include graphic and textual links to a Program Web Site, copy, sample ads, model emails, and/or other creative materials (collectively, the “Creatives”) which you may display on web sites owned or controlled by you, in emails and other messages sent by you and clearly identified as coming from you, and in online advertisements (collectively, “Media”). The Creatives are solely for use by Klefka Partner in connection with a Partner Program and will establish a link from your Media to the Program Web Site.
Partner may be required to modify the Creatives to include the Partner’s specific information such as partner id or tracking information. Partner shall be solely responsible for any errors or omissions in modifying or customizing the Creatives to incorporate Partner-specific information. Partner also accepts sole responsibility for the development, operation, maintenance, and distribution of all content on or linked to, Partner’s Media. Use of the Creatives is subject to the Limited License provided herein.
The Partner agrees that all inventions, ideas, copyrightable material, software, formulas, trademarks, trade secrets, content, media, and the like which are developed or conceived by the Partner in the course of his relationship with Klefka or on Klefka’s time or property (collectively, the “Intellectual Property”) shall be disclosed promptly to Klefka and Klefka shall own all right, title and interest in and to the Intellectual Property.
The parties expressly agree that any and all of the Intellectual Property developed by the Partner shall be considered works made-for-hire for Klefka pursuant to the United States Copyright Act of 1976, as amended from time to time. In order to ensure that Klefka shall own all right, title and interest in and to the Intellectual Property in the event that any of the Intellectual Property is not deemed a work made-for-hire (as defined in the Copyright Act of 1976) and in any other event, the Partner hereby sells and assigns all right, title and interest in and to all such Intellectual Property to Klefka, and the Partner covenants and agrees to affix to the Intellectual Property appropriate legends and copyright notices indicating Klefka’s ownership of all Intellectual Property and all underlying documentation to the extent reasonably appropriate, and shall execute such instruments of transfer, assignment, conveyance or confirmation as Klefka reasonably considers necessary to transfer, confirm, vest, perfect, maintain or defend Klefka’s right, title and interest in and to the Intellectual Property throughout the world.
The Partner’s obligation to assign to Klefka Intellectual Property created or conceived by him shall not apply to an Intellectual Property that he developed entirely on his own time without using Klefka’s business practices, methods, strategies, or confidential information, provided that Intellectual Property (i) do not or did not relate directly, at the time of conception or reduction, to Klefka’s business as conducted at such time or actual or demonstrably anticipated research or development of Klefka; and (ii) do not or did not result from any work performed by him for Klefka.
Partner shall not use or incorporate any materials, content, copyrights, trademarks, designs, logos, insignia, or any other intellectual property, including, without limitation, any rights of publicity or privacy of any third party (“Third Party Materials”) in connection with the Service or any Intellectual Property without Klefka’s prior written consent, and shall be responsible for obtaining all rights for, and making all related payments with respect to any clearances, permissions, or consents necessary to use, any such pre-approved Third Party Materials.
Subject to your acceptance as a Partner following review of your Application, Klefka hereby grants you a non-exclusive and nontransferable right to use the Creatives and to access Program Web Site through the Creatives solely in accordance with the terms of this Agreement.
Such rights do not include any right to sub-license and are fully revocable without notice at the discretion of Klefka.
The foregoing license is for the sole purpose of participant in the Klefka Partner Program and assisting in increasing Partner sales through the connection between the Media and the Program Web Site.
You may not alter, modify, manipulate or create derivative works of the Creatives or any Klefka graphics, creative, copy or other materials owned by, or licensed to, Klefka in any way without express written permission.
Use of the Creatives under this license is strictly limited to Partner in good standing with the Partner Program.
In using the Creatives, Partner shall ensure that all materials posted on your Media or otherwise used in connection with the Partner Program:
(i) are not illegal nor used in connection with any illegal material;
(ii) do not contain or link to any material which a reasonably prudent business person would consider harmful, threatening, defamatory, obscene, sexually explicit, harassing, or promoting violence:
(iii) do not contain or link to material that promotes discrimination (whether based religion, race, ethnicity, nationality, disability, age, gender, or sexual orientation);
(iv) do not promote illegal activities (such as gambling, or illegal drugs);
(v) do not contain materials that Klefka has deemed objectionable, which are prohibited under the terms of any Klefka Partner Program or Offer, or which Klefka informs you that it considers objectionable (collectively, “Objectionable Content”) and
(vi) do not infringe the intellectual property or related rights of any third party including moral rights, and rights of attribution.
No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “Klefka Intellectual Property”) owned by Klefka may be used, copied, or reproduced by You except as set forth below. No Klefka Intellectual Property (or any mark confusingly similar to any Klefka Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.
You may use the KlefkaTM mark to advertise Klefka. Any time You use the KlefkaTM mark, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for Klefka. Whether your use of KlefkaTM is confusing will be determined by Klefka in Klefka’s sole and absolute discretion. The following guidelines, which may be changed or added to at any time, are designed to help avoid reader confusion:
– You must not use the “voice” of, or purport to speak on behalf of, Klefka.
– Any time You use the word “Klefka” it must be immediately followed by the letters “TM” in superscript caps.
– When used in prose, KlefkaTM must be used in the same font as the rest of the prose.
– When used other than in prose, KlefkaTM must be used in the font employed by Klefka’s corporate marketing in Klefka’s corporate logo.
– On any website or social media platform on which You use the word KlefkaTM, You must include the disclosure identified in paragraph 6(B) above.
– You may use only such other images, photographs, and trademarks as Klefka expressly authorizes in writing.
– If You have any questions regarding your use of any Klefka mark, please contact: email@example.com
All information learned or developed by the Partner during the course of the Partner’s relations with Klefka or any subsidiary thereof will be deemed “Confidential Information” under the terms of this Agreement. Examples of Confidential Information include, but are not limited to, business, scientific and technical information owned or controlled by Klefka, including Klefka’s business plans and strategies; business operations and systems; information concerning employees, customers, partners and/or licensees; patent applications; trade secrets; inventions; ideas; procedures; formulations; processes; formulae; data and all other information of any nature whatsoever which relate to Klefka’s business, science, technology, service, and/or products. In addition, Confidential Information shall include, but not be limited to, all information which Klefka may receive from third parties. The Partner will not disclose to any person at any time or use in any way, except as directed by Klefka, either during or after the relationship of the Partner with Klefka, any Confidential Information. The foregoing restrictions shall not apply to information which is or becomes part of the public domain through no act or failure to act by the Partner. In addition to the foregoing, in the process of the Partner’s Agreement with Klefka, or thereafter, under no condition is the Partner to use or disclose to Klefka, or incorporate or use in any of his work for Klefka, any confidential information imparted to the Partner or with which he may have come into contact while in the relations of his former Partner(s).
You grant Klefka permission to use any and all media created by Klefka or its agents or employees, or submitted by You to Klefka (hereinafter “Media”) in any form (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Klefka or any product or service sold and marketed by Klefka. You agree that this authorization to use media may be assigned by Klefka to any other party. You agree that the media may be combined with other media, sounds, text and graphics, and that the media may be manipulated, cropped, altered or modified in Klefka’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Klefka in exchange for this Release and Assignment. You hereby release and forever discharge Klefka from any and all liability and from any damages You may suffer as a result of the use of the media. You further acknowledge and agree that this release is binding upon your heirs and assigns. You agree that this release is irrevocable.
Klefka has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Klefka’s reputation; and the violation of the rights of Klefka or any third party.
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Klefka’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
This Agreement shall remain in force for five (5) consecutive years commencing on the date you sign and submit this contract (the “Commencing Date”) and is subject to earlier termination as provided herein. Unless a sixty (60) day prior notice is given by either party of this Agreement, the duration of the contract will be automatically perpetually renewed every five (5) year period.
You acknowledge that you have read this Agreement and agree to all its terms and conditions.
You have independently evaluated the desirability of participating as a Partner with Klefka and for each Program or Offer.
You affirmatively state that you have not and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Partner Program.
You agree to protect, defend, indemnify and hold harmless Klefka, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Klefka for liability for payments for, damages caused by, or other liability relating to, You.
Klefka does not promise, guarantee or warrant your business success, income, or sales. You understand and acknowledge that Klefka will not at any time provide sales leads or referrals to You. Additionally, KLEFKA’S WEBSITES, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. KLEFKA MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY KLEFKA WEBSITE, PRODUCT OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. KLEFKA MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY KLEFKA PRODUCT, WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY KLEFKA WEBSITE, PRODUCT OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY KLEFKA’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY KLEFKA’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT IN NO EVENT SHALL KLEFKA’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST KLEFKA OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
Klefka will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Klefka. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Klefka shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
Klefka may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Klefka’s or its assigns express written consent.
ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Klefka including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Maricopa County, Arizona. You agree not to file suit against Klefka or any of its partners, subsidiaries, officers, directors, employees, successors or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Klefka. In the event that You and Klefka are unable to reach Agreement on an Arbitrator, You and Klefka will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Maricopa County, Arizona. The arbitrators selected by You and Klefka will have no further involvement in the arbitration. The Arbitrator will determine the rules governing the arbitration. The decision of the Arbitrator will be final and binding on You and Klefka and may be reduced to a judgment in any court of competent jurisdiction. This Agreement to arbitrate survives any termination or expiration of the Agreement.
GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Arizona without regard to any choice of law provisions.
WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Klefka to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Klefka may not be joined or consolidated with claims brought by anyone else.
LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this Agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
INJUNCTIVE RELIEF. Nothing in this Agreement prevents Klefka from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Klefka’s rights prior to, during, or following any arbitration proceeding.
ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either your or Klefka commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
This Agreement, along with Klefka’s standard Terms and Conditions represents the entire Agreement between the Parties and supersede any other written or oral Agreement between the Parties as pertaining to your rights and responsibilities as a Klefka Partner.
XXIII – MODIFICATION/AMENDMENTS
This Agreement and Klefka’s standard Terms and Conditions may be modified by Klefka at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via e-mail, or are posted as an update within the Dashboard. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by Klefka. Your continued acceptance of Commission or Bonus payments constitutes your acceptance to any modifications or amendments to this Agreement.
No waiver by Klefka of any right reserved or granted to Klefka under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of Klefka.
Any notice required to be given to Klefka under or related to this Agreement shall be in writing, addressed as follows:
1900 W. Carla Vista Dr.
Chandler, AZ 85226
Klefka will send notices to You at the e-mail address You provided to Klefka. Any notices shall be deemed delivered to You when sent by Klefka. You are solely responsible for addressing any technical failures related to your e-mail address or server, and for reading any e-mail sent to You. Klefka may also provide notice to You by posting information in the Partner Center or Dashboard.
In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.
Use of Klefka’s products and services (including but not limited to Klefka) constitutes your acceptance of and agreement to comply with Klefka’s billing policy.
All accounts are set up on a prepaid basis.
Payment must be received by Klefka before any billable product or service is provided/activated.
In the event of a trial period, payment information must be on file before your account is created.
You are required to keep a valid credit/debit card on file to charge for recurring monthly subscription and overage fees.
All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
Subscription billing is based on the availability of products and services within the parameters defined by their packages.
Certain fees may be usage-based (e.g. hosting, storage, domain names, overages).
Payment receipts are provided electronically with each purchase, and may also be provided upon customer request.
Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer’s specific billing cycle date.
Payment failure: In the event a credit/debit card fails to charge successfully, access to the product will immediately cease.
Deactivation: Klefka reserves the right to remove customer application data from its servers after non-payment.
Collections Fee: In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance.
This fee is in addition to any other fees previously assessed on the account.
Chargebacks: If a customer initiates a charge-back, Klefka may assess a $50.00 processing fee for each individual charge-back.
Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
Klefka accepts payments from most major credit cards, and in some cases, PayPal.
Payments are collected at the beginning of each billing period.
Customer billing periods typically begin on the day of the month in which the customer purchased the Klefka subscription.
Klefka will not prorate any portion of unused subscription services.
All subscription fees are non-refundable except as described below.
Klefka subscriptions are purchased on a monthly basis.
Upgrades, downgrades, and subscription cancellations may be triggered in the ‘My Account’ area, and they will go into effect instantly.
Klefka’s refund policies vary depending on the product as follows:
For Klefka purchases, KINSEY ENTERPRISES (“Klefka”) offers a full refund on a charge provided the request is made within 30 days of the purchase.
In the event of a multi-installment payment for a Klefka subscription, a refund is only possible on the most recent payment (e.g. if a refund request is made within 30 days of the third payment of a three-payment package, the first and second payments will not be refunded).
For Klefka monthly purchases, refunds are only given on the first month of a subscription, and only if the refund request is made within 30 days of the purchase, subject to the discretion of KINSEY ENTERPRISES.
Refunds are not given on overage charges or sales transaction fees.
Refunds may be requested on unused Concierge Services time (when purchased a la carte) at any time.
Refunds are not offered for package Concierge Services.
You may cancel your Klefka account at anytime by going into your profile area and terminating your subscription.
Termination of your subscription will result in your account’s data being deleted within 30 days.
Alternatively, you can also contact Klefka Customer Support and they will cancel your subscription for you.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges.
At the time of cancellation, any outstanding balance must be settled.
All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.
Each Klefka customer agrees to provide Klefka 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank.
Should Klefka receive a charge-back from a third-party credit/debit card company or bank on the customer’s behalf before Klefka has been given a chance to resolve the issue, Klefka has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Klefka, in addition to the $50 charge-back fee mentioned above.
Regardless of the outcome of the charge-back, Klefka retains the right to collect on any Services or fees that are due.
Klefka may submit any disputed amounts to a collection agency.
Once a charge-back has been received, Klefka has the right to suspend the account until the matter is resolved.
Updated December 03, 2018
Cookies help us provide, protect and improve Klefka Products, such as by personalizing content, tailoring and measuring ads, and providing a safer experience. While the cookies that we use may change from time to time as we improve and update Klefka Products, we use them for the following purposes:
For example: Cookies can help us identify and impose additional security measures when someone may be attempting to access a Klefka account without authorization, for instance, by rapidly guessing different passwords.
For example: Cookies allow us to help deliver ads to people who have previously visited a business’s website, purchased its products or used its apps and to recommend products and services based on that activity. Cookies also allow us to limit the number of times that you see an ad so you don’t see the same ad over and over again.
Cookies help us serve and measure ads across different browsers and devices used by the same person.
Cookies also allow us to provide insights about the people who use Klefka Products, as well as, the people who interact with the ads, websites, and apps of our advertisers and the businesses that use Klefka Products.
For example: Cookies help us store preferences, know when you’ve seen or interacted with Klefka Products’ content, and provide you with customized content and experiences.
For instance, cookies allow us to make suggestions to you and others, and to customize content on third-party sites that integrate our social plugins.
For example: We store information in a cookie that is placed on your browser or device so you will see the site in your preferred language.
For example: Cookies help us route traffic between servers and understand how quickly Klefka Products load for different people. Cookies also help us record the ratio and dimensions of your screen and windows and know whether you’ve enabled high contrast mode, so that we can render our sites and apps correctly.
For example: Cookies can help us understand how people use Klefka Service, analyze which parts of Klefka Products people find most useful and engaging, and identify features that could be improved.
We may place cookies on your computer or device, and receive information stored in cookies, when you use or visit:
Products provided by other members of Klefka Companies;
Websites and apps provided by other companies that use Klefka Products, including companies that incorporate Klefka Technologies into their websites and apps.
This occurs whether or not you have a Klefka account or are logged in.
You can control how we use data to show you ads by using the tools described below.
You can opt out of seeing online interest-based ads from Klefka and other participating companies through the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or the European Interactive Digital Advertising Alliance in Europe or through your mobile device settings.
Please note ad blockers and tools that restrict our cookie use may interfere with these controls.
In addition, your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them.
For more information about these controls, visit your browser or device’s help material.
Certain parts of Klefka Products may not work properly if you have disabled browser cookie use.