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Fast Trac Affiliate Terms of Use

Kauffman FastTrac, Inc. (“KFT”) is the authorized licensor of Kauffman FastTrac®, a flexible educational program designed educate entrepreneurs on key subjects they will need to understand to start a business and begin their journey to success (hereafter “FastTrac”) and related toolkits, manuals, facilitator guides, and resources that are available for download via www.fasttrac.org (the “Tools”). Collectively, FastTrac and the Tools may be referred to herein as the “Licensed Assets”. The organization that is agreeing to these Fast Trac Affiliate Terms of Use in order to be granted access to use the Licensed Assets to conduct instructor led classes for entrepreneurs utilizing FastTrac (the “Use”) shall be referred to hereafter as the “Licensee”.
KFT and Licensee, therefore, agree as follows:

  1. OWNERSHIP. Licensee acknowledges that the Licensed Assets are owned by the Ewing Marion Kauffman Foundation (the “Kauffman Foundation”). The Kauffman Foundation has granted KFT the right to license the Licensed Assets to third parties, including Licensee.

  2. GRANT OF LICENSE. KFT hereby grants Licensee a perpetual, revocable, non-exclusive license to use the Licensed Assets for the Use, and for no other purpose.

  3. LICENSE FEES. Licensee pays no fees to make the Use of the Licensed Assets. This license is granted in exchange for Licensee’s committment to conduct classes to teach entrepreneurs using the Licensed Assets in compliance with the terms of these Fast Trac Affiliate Terms of Use.

  4. LICENSEE’S DESIGNATED PERSONNEL: Licensee must designate one person who will serve as KFT’s single point of contact and who will be responsible for overseeing Licensee’s Use (the “Program Director”). The Program Director will in turn designate the following Licensee personnel:
    • Course Managers: To assist the Program Director in managing Licensee’s Use of the Licensed Assets. Course Managers may have the same persmissions as the Program Director except that a Course Manager may not appoint individuals as Course Managers or Facilitators or have access to update the affiliate profile page.
    • Facilitators: Teach a class using the Licensed Assets on behalf of Licensee.
    Program Directors, Course Managers and Facilitators may be referred to as “Designated Personnel”. Prior to being granted access to the Licensed Assets, all of Licensee’s Designated Personnel must register at www.fasttrac.org and agree to the Terms of Use and Privacy Policy.

  5. LICENSE REQUIREMENTS AND RESTRICTIONS. In return for the license granted above, Licensee agrees that Licensee:
    1. will not distribute or grant access to the Licensed Assets to any Designated Personnel or Class Taker that has not registered and agreed to the Terms of Use and Privacy Policy at www.fasttrac.org.

    2. will on an annual basis either (i) facilitate at least two cohorts that utilize the online FastTrac content, or (ii) hold one facilitated FastTrac cohort consisting of at least 20 entrepreneurs.

    3. will report data as requested by KFT.

    4. will not edit, alter, change, translate into a foreign language or make any derivative works of the Licensed Assets and will use the Licensed Assets only in the form in which it has been provided by KFT.

    5. will not identify any party other than the Kauffman Foundation owner of FastTrac and will not take any action to dispute the Kauffman Foundation’s ownership of FastTrac. Except for the rights granted herein, Licensee it has no interest in FastTrac and has no ownership rights in FastTrac.

    6. Shall not assign or sublicense the rights granted herein, distribute FastTrac beyond the Licensee personnel necessary to accomplish the Use, or use FastTrac for commercial purposes.

    7. Shall not use any KFT trademark, service mark, trade name, logo, symbol or device without the written consent of KFT. KFT hereby grants its consent for Licensee to use any FastTrac marketing materials that are produced by KFT and posted on the Site for the purpose of promoting Licensee’s classes.

    8. Shall reproduce any trademark notices (including ®, TM or SM) that may appear in the Licensed Assets when making use of them, including using the ® symbol when referring to Kauffman FastTrac®.

    9. Will be responsible for ensuring its facilitators complete virtual facilitator training that is offered by FastTrac.

  6. TERMINATION. This license may be terminated by KFT with or without cause on ten (10) days’ written notice to Licensee. Upon termination or expiration of this agreement for any reason, Licensee will immediately discontinue the use of the Licensed Assets.

  7. AS/IS: KFT provides the Licensed Assets AS IS and makes no representation or warranty that the Licensed Works are accurate, correct or sufficient for the Use. KFT reserves the right to, but does not agree to, take any action to correct any deficiency in the Licensed Works that may be identified by Licensee or any third party. Licensee uses that Licensed Works at its own risk.

  8. WARRANTIES: KFT represents that, to the best of its knowledge, it has good and marketable right to license the Licensed Works for use in the United States of America. Other than the limited warranty set forth above, KFT MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL KFT BE RESPONSIBLE OR LIABLE TO LICENSEE, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY DAMAGES ARISING FROM LICENSEE’S USE OF THE LICENSED ASSETS EXCEPT THOSE ARISING OUT OF THE GROSS NEGLIGENCE OF WILLFUL MISCONDUCT OF KFT. IN NO EVENT WILL KFT BE RESPONSIBLE AND/OR LIABLE TO LICENSEE OR ANY OTHER ENTITY OR PERSON FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND.

  9. FOREIGN USES. In conducting its business and exercising its right under this License, Licensee shall comply with all local laws, rules, and regulations applicable to it and shall obtain all necessary licenses, permits, or approvals. Licensee understands that the Licensed Assets have been developed for use within the United States of America. To the extent Licensee elects to make a Use involving individuals outside of the United States, KFT assumes no responsibility for such Use and Licensee shall be solely responsible for ensuring that its Use of the Licensed Works complies with local and national laws, rules, regulations, customs and culture in the country in which Licensee uses the Licensed Works.

  10. MISCELLANEOUS. This Agreement contains the entire agreement between the Parties with regard to the license granted herein and supersedes all other statements and representations pertaining to the license. This Agreement is made in the State of Missouri and shall be governed and construed by its laws. In the event KFT desires to amend the license terms, KFT may do so by posting amended Fast Trac Affiliate Terms of Use as www.fasttrac.org and requiring Licensee to agree to the updated Terms of Use. KFT reserves the right to terminate Licensee’s license if Licensee does not agree to the updated Fast Trac Affiliate Terms of Use.

  11. DISPUTE RESOLUTION. If a dispute arises between Licensee and KFT, each party irrevocably agrees to (i) resolve the dispute through binding arbitration conducted in Kansas City, Missouri in accordance with the rules of the American Arbitration Association (“AAA”), (ii) bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts located in Jackson County, Missouri, United States of America and (iii) submit to the exclusive jurisdiction of those courts and waive any objection to the exclusive jurisdiction of those courts based on forum non conveniens or other grounds. Each party will be responsible for its expenses and an equal share of the arbitrators' and administrative fees of arbitration. Notwithstanding the foregoing, each party will have the right to seek temporary injunctive relief if it determines it is necessary in order to prevent irreparable harm (including infringement of any intellectual property). Licensee agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Licensee’s Use of the Licensed Assets or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.