Please Review Our Legal Policies

PRIVACY NOTICE

Last updated June 11, 2024

Thank you for choosing to be part of our community at Mykooltoolspro, doing business as Mykooltoolspro ("Mykooltoolspro," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at support@mykooltoolspro.com.

This privacy notice describes how we might use your information if you:

• Visit our website at https://mykooltoolspro.com
• Engage with us in other related ways ― including any sales, marketing, or events

The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

• WHAT INFORMATION DO WE COLLECT?
• HOW DO WE USE YOUR INFORMATION?
• WILL YOUR INFORMATION BE SHARED WITH ANYONE?
• DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
• HOW LONG DO WE KEEP YOUR INFORMATION?
• HOW DO WE KEEP YOUR INFORMATION SAFE?
• DO WE COLLECT INFORMATION FROM MINORS?
• WHAT ARE YOUR PRIVACY RIGHTS?
• CONTROLS FOR DO-NOT-TRACK FEATURES
• DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
• DO WE MAKE UPDATES TO THIS NOTICE?
• HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
• HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names phone numbers; email addresses mailing addresses passwords billing addresses; debit/credit card numbers; contact or authentication data; and other similar information.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.
• Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
• To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
• To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS?" below).
• Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

• Consent:We may process your data if you have given us specific consent to use your personal information for a specific purpose.
• Legitimate Interests We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following
situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this
privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at support@mykooltoolspro.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you
have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit https://www.aboutads.info/choices/.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your
personal information

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose
and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories instances where you interact
with us in-person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels;
• Participation in customer surveys or contests; and
• Facilitation in the delivery of our Services and to respond to your inquiries

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice

You may contact us by email at support@mykooltoolspro.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

Mykooltoolspro, Inc. has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Mykooltoolspro. will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data - Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities

Right to be informed - Request to know

Depending on the circumstances, you have a right to know:

• whether we collect and use your personal information;
• the categories of personal information that we collect;
• the purposes for which the collected personal information is used;
• whether we sell your personal information to third parties;
• the categories of personal information that we sold or disclosed for a business purpose;
• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
• the business or commercial purpose for collecting or selling personal information

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

• you may object to the processing of your personal data
• you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
• you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at support@mykooltoolspro.com or by post to:

MyKoolToolsPro LLC
9101 Old Bustleton Ave Suite B24 ,
Philadelphia PA19115
United States
Phone: (+1)000-000-0000
support@mykooltoolspro.com

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit: https://mykooltoolspro.com.

RETURN POLICY

Last updated June 11, 2024

REFUNDS

All sales are final and no refund will be issued.

QUESTIONS

If you have any questions concerning our return policy, please contact us at:

000-000-0000
support@mykooltoolspro.com

DISCLAIMER

Last updated June 11, 2024

WEBSITE DISCLAIMER

The information provided by Mykooltoolspro. (“we,” “us”, or “our”) on https://mykooltoolspro.com is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

PROFESSIONAL DISCLAIMER

The Site cannot and does not contain financial success with the leads. advice. The financial success with the leads. information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of financial success with the leads. advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. They're offered Free Leads or clicks as a thank you.

TCPA Consent & Privacy. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, our customers, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your interest in our products or services and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached.

You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system.

Automated messages may be played when the telephone is answered, whether by you or someone else.

In the event that an agent or representative and or customer calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, customers or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your Interest in our services.

You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers.

You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us.

You agree to promptly alert us whenever you stop using a particular telephone number.

Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future.

We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

Member Agreement

Last Updated on July 22, 2024

Mykooltoolspro may offer you an opportunity to become an independent Mykooltoolspro Member (“Member”), wherein you have the opportunity to earn additional income for Mykooltoolspro products, services and accounts that you sell. Mykooltoolspro reserves the sole and exclusive right to determine the amount of remuneration each Member will receive in exchange for the Member’s efforts. Member commission is further discussed herein. See also Mykooltoolspro Terms of Service, which apply to you in your role as Member, unless otherwise expressly provided for.

This Member Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Mykooltoolspro’ Member program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.

SECTION 1 - PARTIES

All references to “Mykooltoolspro” herein means and refers to Mykooltoolspro LLC, doing business as Mykooltoolspro. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Mykooltoolspro and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within Seven-Two (72) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to Members@Mykooltoolspro.com.

SECTION 2 - APPLICATION

You agree to provide all information requested by Mykooltoolspro in connection with Your Member application and/or Your continued participation as a Mykooltoolspro Member, and You affirm that all information that You provide is truthful, accurate, and complete (without material omission). You understand and agree that Mykooltoolspro retains sole and exclusive discretion to determine whether You qualify for participation in Mykooltoolspro’ Member program. Not everyone who applies for Mykooltoolspro’ Member program will qualify to participate.

SECTION 3 - CONSENT TO BE CONTACTED

You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Member program, including through automated dialing systems, texts and artificial or pre-recorded messages, whether by Mykooltoolspro or a third-party on behalf of Mykooltoolspro. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties. You understand and agree that the foregoing method is the only reasonable method of opting out. You further agree that any other method of opting-out is not a reasonable means of opting out.

SECTION 4 - COMPENSATION

If Your application to become an Member is approved by Mykooltoolspro, You will receive a unique Member ID. The Member ID will be incorporated within each URL which You will use to advertise Mykooltoolspro. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Member ID.

In the event that a prospect (“Prospect”) has multiple Member cookies (“Cookies”), the most recently acquired Cookie will determine which Member is credited with a Sale. However, once a Sale has been associated with a Member ID, that Sale cannot be attributed to another Member ID for at least Three (3) months from the date of the Sale. Mykooltoolspro shall have the sole and exclusive authority to deny and/or revoke a commission or commissions based on Member-hopping or other action that creates multiple commissions for one true transaction, which shall be determined at the sole discretion of Mykooltoolspro.

Provided that the Member Account (as defined below) remains in good status within thirty-one (31) days from the sale, you will be paid a commission for each Member Account that generates a payment to Mykooltoolspro in a month (“Commission”).

Except as otherwise provided herein, Commission payments will be held for 11 days for credit card security following Mykooltoolspro’ receipt of payment `for a Member Account, then will be paid every Wednesday of each month, subject to the other terms of this Agreement.

In the event a Wednesday falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Mykooltoolspro, less sales taxes.

The amount of Commissions for promoting Mykooltoolspro v8 are as follows:

• Active Member: Level 1, 30% Commission on all personal enrolled members.
• Qualified Member: Level 2, 25% Commission on all personal enrolled members, members.
• Qualified Member: Level 3, 7% Commission all personal enrolled members, members.
• Qualified Member: Level 4, 2% Commission all personal enrolled members, members.

*Initial approval into the Mykooltoolspro’ Member Program grants you access to promote Mykooltoolspro v8. As an Active Member, you will receive a 30% Commission on sales linked to your Member ID. “Qualified Member” status is only for those Members of Mykooltoolspro who have been preselected by Mykooltoolspro, have actively promoted Mykooltoolspro v8, and opted in as a Qualified Member prior to July 22, 2024. The determination of whether a member has met the requirements to be a “Qualified Member” is at the sole and exclusive discretion of Mykooltoolspro.

All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commissions must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a payment from Mykooltoolspro. If Your combined Commissions in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited by You to Mykooltoolspro without any further action being required.

Once a Commission of $100 (USD) or more is earned, you are required to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You. Before You can be paid any Commissions, you must provide Mykooltoolspro a completed W-8 or W-9 tax form, as instructed by Mykooltoolspro, as well as any supporting documentation requested by Mykooltoolspro or its third-party payment provider. You will be deemed to have permanently waived and forfeited all rights to Commissions that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, Mykooltoolspro may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).

Members will not be paid any Commissions for payments made on Member’s own user account(s). Members are not permitted to open a Mykooltoolspro account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Members may not pay for another person’s or entity’s account. Members are not permitted to offer cash rebates or other monetary incentives to obtain Sales. Furthermore, you are not permitted to have more than one (1) Mykooltoolspro Member account (including all such business entities of Yours, subsidiaries, or other Member businesses of Yours). If You are found to have more than one (1) Mykooltoolspro Member account, your accounts will be terminated and all Commissions pending payout will be immediately forfeited by You to Mykooltoolspro.

Commissions are paid only for transactions that actually occur between Mykooltoolspro and a Sale and in which payment is received by Mykooltoolspro. If payment for a Sold Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account payment, then the Commission will be deducted from Your future Commissions.

If Mykooltoolspro determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be earned by You or paid by Mykooltoolspro for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and Mykooltoolspro may terminate this Agreement immediately, without notice, and without Mykooltoolspro having any liability to You.

SECTION 5 - TERM AND TERMINATION

The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Member program is approved. Your participation in the Mykooltoolspro Member program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of Mykooltoolspro or otherwise, Mykooltoolspro may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Member website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 2%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions and any other payments owed to You or that may in the future be owed to You without any further liability by Mykooltoolspro to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a 3-month period.

If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Mykooltoolspro account.

SECTION 6 - ADDITIONAL REPRESENTATIONS AND WARRANTIES

Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Mykooltoolspro of the same within 24 hours. Mykooltoolspro, in its sole and exclusive discretion, may immediately terminate Your participation in Mykooltoolspro’ Member program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.

SECTION 7 - ENTIRE AGREEMENT

This Agreement, Appendix A below, along with Mykooltoolspro’ standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Member application and, if approved, Your rights and responsibilities as an Member. In the event of a direct conflict between the Terms of Service and this Agreement, this Agreement shall govern.

Appendix A

Additional Terms of the Member Agreement and Advertising Rules

These Advertising Rules apply to all activities of Member:

• General Compliance. Member shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Member is solely responsible for ensuring Member’s compliance with all laws. Members are strictly prohibited from making claims concerning the products and services offered by Mykooltoolspro that are inconsistent with, or beyond the scope of marketing materials produced and made available by Mykooltoolspro on Mykooltoolspro website, www.Mykooltoolspro.com. Member is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Member shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Member may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Member accurately describes and delivers such information and materials to the Prospect. Mykooltoolspro retains the sole and exclusive discretion to determine whether Member’s advertising and conduct is in compliance with all laws (but Mykooltoolspro shall not be required to advise Members on such matters).
• Disclosure. On any website that Member advertises any Mykooltoolspro service or product, Member must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:
• Disclosure: I am an independent Mykooltoolspro Member, not an employee. I receive referral payments from Mykooltoolspro. The opinions expressed here are my own and are not official statements of Mykooltoolspro or its parent company, Mykooltoolspro LLC.
• Non-Disparagement. Member is not permitted to comment negatively about or disparage the products, Members, or services of Mykooltoolspro or any other person or entity, including without limitation the products or services of a Mykooltoolspro competitor. Member is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Mykooltoolspro, any brand name of Mykooltoolspro, or based on the trademarks or brand name of any competitor of Mykooltoolspro, or any other third party. Member shall not direct link to a Mykooltoolspro’ sales page from any paid advertising.
• Social Media. If Member advertises on social media, then each post must comply with all of the following:
  • Each post must contain @Mykooltoolspro or #Mykooltoolspro.
  • Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
  • Each Facebook or Instagram post must use the platform’s “Paid Partnership” tool. ​​Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.
  • If Member is advertising on other forms of written social media (e.g., Facebook, Twitter), Member must comply with the above disclosure restrictions as applicable to each form of social media. Member must also comply with all rules of each social media platform that Member uses.
• Income and Business Opportunity Claims. Members are expressly prohibited from making any claims that use of Mykooltoolspro will guarantee that the user will make money. If Member’s recruiting efforts include claims related to income Member has made from using Mykooltoolspro or as an Member, the following guidelines must be adhered to:
  • Member’s statements must be completely true and accurate and supported by evidence of Member’s experience; and
  • Member’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”Member is also expressly prohibited from making any express or implied claims that Mykooltoolspro is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
• Mykooltoolspro’ Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “Mykooltoolspro Trademarks”) owned by Mykooltoolspro may be used, copied, or reproduced by any Member except as set forth below. No Mykooltoolspro intellectual property (or any mark confusingly similar to any Mykooltoolspro intellectual property) is to be registered as a trademark in any country or registered as a domain name by Member in any way in any country.Subject to the restrictions below, approved Members are granted a limited, revocable, non-transferrable, and non-assignable license to use the“Mykooltoolspro®” trademark, Registration No. 4993984,to advertise Mykooltoolspro online. Any time Member uses the word “Mykooltoolspro” it must be immediately followed by “®”. Member may not use “Mykooltoolspro” or other Mykooltoolspro’ trademarks as part of any URL, domain or website name. Mykooltoolspro retains exclusive ownership of all Mykooltoolspro’ Trademarks and other intellectual property and all of its rights therein. Member shall not promote or provide services to any other business or person that is infringing any of Mykooltoolspro’ intellectual property.
• Complaint Notification. Member must notify Company of any complaint received by Member regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to compliance@Mykooltoolspro.com.
• Independent Contractor. Members are independent contractors of Mykooltoolspro. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Mykooltoolspro and You by virtue of this Agreement. You have no right to act on behalf of or bind Mykooltoolspro in any way, nor share in the profits or losses of Mykooltoolspro. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
• NO WARRANTY; NO LEADS. Mykooltoolspro does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Mykooltoolspro will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Member as You determine in Your sole discretion.
• LIMITATION OF LIABILITY. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL Mykooltoolspro OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER Mykooltoolspro HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.IN NO EVENT SHALL Mykooltoolspro’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO Mykooltoolspro FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Mykooltoolspro OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
• DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.As explained in Mykooltoolspro’ Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “Mykooltoolspro’ ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference. Please review the Terms of Service for more information.
• Indemnity. You agree to protect, defend, indemnify and hold harmless Mykooltoolspro, 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 limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against Mykooltoolspro for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
• Severability. 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 of Service, as so modified, shall continue in full force and effect.
• Modification/Amendments. This Agreement and Mykooltoolspro’ standard Terms of Service may be modified by Mykooltoolspro at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the Member center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by Mykooltoolspro. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.

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