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Agreement

DropFunnels Marketplace Agreement

Welcome To The Dropfunnels Marketplace

Welcome to the Dropfunnels Marketplace where we match up brilliant funnel developers and a hungry market looking to grow their business all using the world’s premier marketing platform, DropFunnels!  

Before we get started, you agree that by buying or selling on the Dropfunnels Marketplace you are bound by the terms of this agreement (“Agreement”).  This Agreement is entered into by you (“you”, “your”, “Customer”) and Dropfunnels, LLC (“we’, “us”, “our”, “DropFunnels”) (each a “Party”, collectively, “Parties”).  This Agreement expressly incorporates by reference the Dropfunnels Terms of Use, and our Privacy Policy.

Definitions

So that we have an understanding of commonly used terms, we’ve created this nice list of commonly used terms..  Anytime these capitalized terms are used in this Agreement, this section tells you what the mean.  

  • “Buyer” means a person or company that makes a purchase on the Marketplace.  
  • “Customer” means Buyer or Seller.  
  • “Seller” means the person or company that offers their funnel designs for sale on the Marketplace.  
  • “Dropfunnels Marketplace” or “Marketplace” means the online marketplace provided by Dropfunnels, LLC. 

How To Sign Up

Only registered users may buy and sell on the Marketplace.  Signing up and is easy and free!  If you’d like to become a Buyer,sign up here.  If you’d like to be a Seller, sign up here.  

General Terms and Conditions

Here you will find the general terms and conditions that apply to both Buyers and Sellers.

Overview  

  • DropFunnels reserves the right to put any account on hold or permanently disable accounts due to breach of this Agreement or due to any illegal or inappropriate use of the Marketplace.
  • Violation of this Agreement may get your account disabled permanently.
  • Disputes between Buyer and Seller will be handled directlyl between the Buyer and Seller.  
  • DropFunnels may make changes this Agreement from time to time. When these changes are made, DropFunnels will make a new copy of the Agreement available on this page.
  • You understand and agree that if you use the Marketplace after the date on which the Agreement has changed, DropFunnels will treat your use as acceptance of the updated Agreement.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • The Marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
  • Disclaimer of Warranties.  YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DROPFUNNELS NOR ANY PERSON ASSOCIATED WITH DROPFUNNELS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Non-Permitted Usage

  • Adult Services & Pornography – DropFunnels does not allow any exchange of adult oriented or pornographic materials and services.
  • Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited.
  • Fraud / Unlawful Use – You may not use the Marketplace for any unlawful purposes or to conduct illegal activities.

License.  

Seller grants Buyer an ongoing, non-exclusive, worldwide license (the “License”) to make use of the digital work (funnel design) you have selected. Seller is  licensed to use the funnel design to create one single End Product for yourself or for one client (a “single application”), and the End Product. An “End Product” is the customized implementation of the funnel design. 

Things Buyer can do with the funnel design:  

  • Buyer can create one End Product for a client, and Buyer can transfer that single End Product to your client for any fee. This license is then transferred to Buyer’s client.
  • Buyer can modify or manipulate the funnel design. Buyer can combine the funnel design with other works and make a derivative work from it. The resulting works are subject to the terms of this license. 

Things Buyer can’t do with the funnel design:  

  • Buyer can’t sell the End Product, except to one client
  • Buyer can’t re-distribute the Item as stock, in a tool or template, or with source files. Buyer can’t do this with a funnel design either on its own or bundled with other items, even if Buyer modifies the Item. Buyer can’t re-distribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free.
  • Buyer can’t use the Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. Buyer can use the Item in this way only if Buyer purchases a separate license for each final product incorporating the Item that is created using the application.
  • Although Buyer can modify the Item and therefore delete unwanted components before creating your single End Product, you can’t extract and use a single component of an Item on a stand-alone basis.For example: You license a funnel design containing icons. You can delete unwanted icons from the funnel design but you can’t extract an icon to use outside of the funnel design.
  • You must not permit an end user of the End Product to extract the Item and use it separately from the End Product.

Other license terms

  • For some funnel designs, a component of the Item will be sourced by the Seller from elsewhere and different license terms may apply to the component, such as someone else’s license or an open source or creative commons license. If so, the component will be identified by the Seller in the Item’s description page or in the Item’s downloaded files. The other license will apply to that component instead of this license. This license will apply to the rest of the Item.  For example: a funnel design might contain images licensed under a Creative Commons CCBY license. The CCBY license applies to those specific images. This license applies to the rest of the theme.
  • or some items, a GNU General Public License (GPL) or another open source license applies. The open source license applies in the following ways:
    • Some Items, even if entirely created by the author, may be partially subject to the open source license: a ‘split license’ applies. This means that the open source license applies to an extent that’s determined by the open source license terms and the nature of the Item, and this license applies to the rest of the Item.Split and other open source licensing is relevant for funnel designs and plug-ins for WordPress and other open source platforms. Where split licensing applies, this is noted in the Item’s download files.
    • For some Items, the author may have chosen to apply a GPL license to the entire Item. This means that the relevant GPL license will apply to the entire Item instead of this license.  Where an Item is entirely under a GPL license, it will be identified as a GPL item and the license noted in the download files: for more information see the FAQs
  • Buyer can only use the Item for lawful purposes. Also, if an Item contains an image of a person, even if the Item is model-released Buyer can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects.
  • Funnel designs that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. These Items are licensed on the basis of editorial use only. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.
  • This license can be terminated if you breach it. If that happens, Buyer must stop making copies of or distributing the End Product.
  • Seller of the funnel design retains ownership of the funnel design but grants you the license on these terms. This license is between the Seller and Buyer.  DropFunnels, LLC. is not a party to this license or the one giving you the license.

Liability and indemnity – between Sellers and Buyers

Each Seller grants to each Buyer of the Seller’s items a limited indemnity on the following terms:

  1. if another person makes a claim against a Buyer that the Buyer’s use of the item in accordance with the terms of the License infringes the intellectual property or other rights of that third party; and
  2. if that Buyer promptly notifies the Seller of the claim and gives the Buyer the option to control the defense of the claim (at the Buyer’s cost), then the Seller will indemnify the Buyer against damages finally awarded by a court against the Buyer or any settlement damages agreed to by the Sellerregarding that claim.

The liability of each Seller to their Buyers is otherwise limited, for each item purchased, to the Seller’s earnings from the payment for that item, except to the extent that the Seller’s liability arises from wilful misrepresentations made about the item.

Terms For Buyers

  • To purchase a funnel design, simply browse through the various categories available and make the purchase.
  • Upon purchase, you will receive a License to the funnel design as described above.
  • Once you have downloaded the funnel design, the sale is final
  • If a funnel design is defective, please contact support. If we confirm the funnel design is defective, we will issue a refund.  
  • If you have questions or need support on the funnel design, please contact the Seller.  

Terms For Sellers

Review: Before a funnel design can be posted on the Marketplace, Seller agrees to submit your funnel design for DropFunnel’s approval.  DropFunnels has the final say on whether a funnel design will be posted on the Marketplace and we reserve the right to approve or reject any funnel design for any reason.  DropFunnels has the right to remove a funnel design for any reason, using our reasonable discretion. For example, issues about an item might be brought to our attention such as errors, representations, or even violations. DropFunnels’ goal is always to address these situations with you constructively. DropFunnels also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.

License: When you ‘sell’ a funnel design you are providing the Seller with a License as described above.  

Exclusivity:Seller agrees that your funnel designs are  available exclusively on the Marketplace.  

Setting the prices: DropFunnels will determine the price that your funnel design will be sold for on the Marketplace.  If you do not agree with the price, please contact support to have your funnel design removed from the Marketplace.  

Marketplace Fee; Seller Earnings: When a Seller’s funnel design is sold on the Marketplace, you will earn 40% of the funnel design price (“Seller Earnings”)..  The remaining funds are retained by DropFunnels as the “Marketplace Fee”.  The Marketplace Fee is what you are charged by DropFunnels for use of our platform and services as a Seller. 

Special Deals and Promotions.  Sometimes DropFunnels might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for Sellers (“Special Deals”). In order for us to make this possible Seller gives us permission to negotiate Special Deals. DropFunnels might also offer pricing promotions to Marketplace Buyers. If pricing promotions involve a change in the Seller fee  then it is a “Special Promotion” and the following sections are relevant.

  1. Given the nature of special deals, the prices of Seller’s items under the Special Deal may vary from the advertised price.. This means that your Seller Earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on the Marketplace. Given the nature of special deals and special promotions, the Seller Earnings may differ for Special Deals or Special Promotions.
  2. Before your funnel design is included in a Special Deal or Special Promotion, we’ll provide you with information about the Special Deal or Special Promotion, Funnel Design pricing and Developer fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the Developer fee. We will let you know the time frame to opt out, and if you don’t do so, your funnel design will be included in the Special Deal or Special Promotion.

No Variation: Seller is not permitted to vary these terms as they apply between Seller and Buyer, or to offer your items on different terms or with additional terms (for example, through your item description pages). Any different or additional terms that you try to impose on the Marketplace on your items will have no effect against Buyers or DropFunnels.

Earnings payment:

  1. In order for DropFunnels to pay Seller the Seller Fees, you authorize us to collect payments, to credit your seller’s account with your earnings, and to payout your earnings to you. DropFunnels may use another company to do these things for us.
  2. Thresholds: DropFunnels will make payments of your earnings based on certain minimum threshold of $100.
  3. Seller Earnings Payment Timing.  You ask DropFunnels to hold the balance of your Seller Earnings until they are paid out to you.  Where your earnings reach the minimum threshold amount, we will pay you monthly on or about the 15th of each month to your payment destination as set up in your Marketplace Seller’s account.  You agree you may bear some or all of the expenses incurred by us in paying monies to you.  DropFunnels reserve the right to pay your Seller Earnings to you at any time, at our discretion.   

Potential Deductions from your Seller Earnings

  1. Payment methods available for Buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorized transactions (which we don’t control). If a Marketplace transaction on a funnel design is subject to payment agents’ refunds, chargeback, fees or unauthorized transactions, DropFunnels may automatically deduct those amounts from your Marketplace Seller’s account.
  2. You or DropFunnels may also decide to issue a credit or refund to a Buyer in certain circumstances involving issues with your item or transactions may be reversed for other reasons. If that happens, DropFunnels reserves the right to deduct from your Marketplace Seller’s account any amount that would otherwise be payable to you.
  3. If you breach any warranty you have made to us, we may offset any amount that we have to pay to anyone else as a result of your breach, against any payments due to you.

Payment errors: DropFunnels will continue to hold your Seller Earnings if we’re not able to pay your earnings to you for whatever reason, including if:

  1. we do not have the correct payment details;
  2. we can’t contact you using the contact details that you have supplied;
  3. you have not made a request for payment; or
  4. you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.

Currency conversions: Whenever we make a payment to you as an author, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

Seller warranties and responsibilities:

1. As a Seller, you warrant to us and each Buyer of your funnel designs that:

  1. the funnel design is of acceptable quality and fit for the purpose for which it is ‘sold’;
  2. The funnel design includes no external links such as affiliate links (your funnel design may allow for a placeholder for Buyers to insert their own links); 
  3. the funnel design matches the description given by you on the funnel design preview page
  4. you will honor any express warranties given to Buyers that are not contained in this Agreement
  5. you have rights necessary to license that item on the terms of the License;
  6. the Buyer’s use of the funnel design in accordance with the terms of the License does not infringe the intellectual property rights of someone else;
  7. the funnel design and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  8. the funnel design and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  9. the funnel design does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  10. where relevant, you have the appropriate model or property release for your funnel design  and you can produce a copy of that model or property release when requested by Dropfunnels or a Buyer of your item; and
  11. you will process a Buyer’s information in accordance with applicable privacy law and data protection regulations.

Warranty.   As a Seller, you warrant that:

  1. you will not use the Marketplace to offer non-DropFunnels goods or services to Buyers;
  2. you will not buy your own funnel designs;
  3. you will follow any Seller guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request; and
  4. information and documentation you give us (like your name and address) is accurate.

Buyers’ use of your item: DropFunnels is not liable for any loss suffered by Seller as a result of a Buyer or any other person making use of your item contrary to the terms of this Agreement or the License. .

Our use of your Funnel Design: DropFunnels may use the whole or part of your funnel designs to promote DropFunnels or the DropFunnels Marketplace. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.

Relationship between us and you: Nothing in this Agreement is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:

  1. for receiving payments from Buyers (the Buyer’s obligation to pay you for an item will be met when they make a payment to us);
  2. for passing on your warranties to buyers as described in this Agreement; and
  3. for limiting your liability to Buyers as described in this Agreement.