Terms & Conditions
Effective date: October 31, 2023
INTRODUCTION
These Terms and Conditions, referred to as the “Terms,” govern your use of BecomeAMarketingConsultant.com and any related websites, applications, training resources, forms, communications, and services operated by The American Marketing Agency, also referred to as “American Marketing,” “we,” “us,” or “our.”
By accessing this website, submitting an application, creating an account, enrolling in training, or otherwise participating in the American Marketing Consultant program, you agree to these Terms.
If you do not agree to these Terms, you should not use this website or participate in the program.
This website and the Marketing Consultant opportunity are intended only for individuals who are at least 18 years old.
THE MARKETING CONSULTANT OPPORTUNITY
American Marketing provides qualified individuals with the opportunity to learn our systems, complete training, pursue certification, develop prospective client relationships, and potentially earn commissions for eligible clients they acquire for American Marketing.
Participation in the program does not guarantee acceptance, certification, clients, commissions, income, continued participation, or any particular business result.
Applicants and consultants are responsible for their own effort, activity, productivity, and results.
APPLICATION AND ACCEPTANCE
Submitting an application does not guarantee acceptance into the Marketing Consultant program.
American Marketing may consider factors including communication ability, professionalism, background, experience, availability, willingness to learn, completion of required training, assessment results, compliance with company standards, and other legitimate business considerations.
American Marketing reserves the right to accept or decline any applicant to the extent permitted by law.
We may also suspend or discontinue participation when an applicant or consultant fails to meet required standards, violates applicable agreements, misrepresents American Marketing, engages in misconduct, or otherwise creates material risk to the company, its customers, or its reputation.
TRAINING AND CERTIFICATION
Marketing Consultants may be required to complete training, assessments, certification exercises, continuing education, or other requirements before representing American Marketing or becoming eligible for certain activities or commissions.
Training may include:
• Marketing fundamentals
• American Marketing services
• Prospecting methods
• Consultation frameworks
• Sales scripts
• Client qualification
• Objection handling
• Follow up systems
• Pricing and service education
• Brand standards
• Compliance requirements
• Professional conduct
• Certification assessments
Completion of training does not automatically guarantee certification.
American Marketing determines whether program requirements have been satisfactorily completed.
INDEPENDENT CONTRACTOR RELATIONSHIP
Unless a separate written agreement expressly states otherwise, Marketing Consultants participate as independent contractors and are not employees of American Marketing.
Nothing contained on this website creates an employer and employee relationship, partnership, franchise, joint venture, fiduciary relationship, or other relationship except as specifically established by a written agreement.
Independent Marketing Consultants generally control their own schedules, prospecting activity, work location, and methods, subject to applicable laws, company policies, brand standards, and contractual obligations.
Consultants are responsible for their own taxes, expenses, equipment, insurance, licenses, and other obligations associated with independent contractor activity unless otherwise required by law or stated in writing.
COMPENSATION AND COMMISSIONS
Marketing Consultants may become eligible to earn commissions for qualifying clients acquired in accordance with the applicable compensation plan and Independent Marketing Consultant Agreement.
Commission amounts may vary depending upon factors including:
• The service purchased
• The amount paid by the client
• The applicable compensation plan
• Refunds or cancellations
• Payment disputes
• Chargebacks
• Client eligibility
• Consultant eligibility
• Promotional programs
• Other applicable terms
Commission examples shown on the website are illustrative and do not guarantee that any consultant will earn those amounts.
Actual earnings vary considerably based on individual effort, ability, prospecting activity, sales performance, market conditions, client demand, and other factors.
American Marketing does not guarantee any minimum number of clients, commissions, leads, sales, revenue, or income.
The compensation plan in effect at the time a commission becomes payable will govern unless otherwise stated in a written agreement.
NO GUARANTEED EARNINGS
Nothing on this website should be interpreted as a promise or guarantee of income.
Any earnings figures, commission examples, projections, illustrations, scenarios, testimonials, or references to earning potential are provided for informational purposes only.
Individual results vary.
Some consultants may earn substantial commissions. Others may earn significantly less or may earn nothing.
Success requires consistent effort, prospecting, communication, follow up, relationship building, and the ability to acquire qualified customers.
CLIENT OWNERSHIP AND RELATIONSHIPS
Unless otherwise established by written agreement, clients acquired through the American Marketing Consultant program become clients of American Marketing.
Consultants do not acquire ownership rights in American Marketing customer accounts simply because they introduced, referred, consulted with, or helped acquire the customer.
Commission eligibility relating to a customer is governed by the compensation plan and applicable consultant agreement.
Consultants may not redirect American Marketing prospects or customers to competing businesses, personal ventures, or third parties in violation of their contractual obligations.
AUTHORITY TO REPRESENT AMERICAN MARKETING
Participation in the Marketing Consultant program does not give a consultant unrestricted authority to act on behalf of American Marketing.
Consultants may only represent American Marketing within the scope specifically authorized by the company.
Unless expressly authorized in writing, consultants may not:
• Enter contracts on behalf of American Marketing
• Modify American Marketing pricing
• Offer unauthorized discounts
• Promise guaranteed results
• Guarantee customer revenue or profitability
• Make legal commitments on behalf of American Marketing
• Collect funds outside approved payment systems
• Alter company agreements
• Create unauthorized marketing claims
• Represent themselves as employees, officers, owners, or legal representatives of American Marketing
PROFESSIONAL CONDUCT
Marketing Consultants are expected to conduct themselves professionally and ethically when representing American Marketing.
Consultants must not engage in deceptive, fraudulent, abusive, discriminatory, threatening, harassing, misleading, or unlawful conduct.
Consultants must accurately represent American Marketing, its services, pricing, policies, capabilities, and results.
False claims, fabricated testimonials, deceptive advertising, unauthorized guarantees, or intentional misrepresentation are prohibited.
BRAND AND TRADEMARK USE
American Marketing owns or controls its trademarks, logos, branding, marketing materials, training materials, systems, scripts, graphics, website content, and other intellectual property.
Certified consultants may receive limited permission to use approved American Marketing materials solely for authorized business activities.
Such permission does not transfer ownership.
Consultants may not modify, reproduce, distribute, sell, sublicense, register, or commercially exploit American Marketing intellectual property except as expressly authorized.
Permission to use American Marketing branding may be withdrawn at any time.
Upon termination of the consultant relationship, all unauthorized use of American Marketing branding must immediately cease.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, American Marketing or its licensors own the intellectual property rights associated with this website and its content.
This includes:
• Training videos
• Scripts
• Sales frameworks
• Marketing systems
• Documents
• Templates
• Graphics
• Logos
• Course materials
• Written content
• Software
• Images
• Videos
• Processes
• Certification materials
You receive only a limited, revocable, nonexclusive, nontransferable right to use materials for their intended purpose.
You may not copy, resell, distribute, publish, upload, reproduce, record, share, or commercially exploit proprietary materials without written authorization.
American Marketing’s existing website terms likewise reserve ownership of its website intellectual property and restrict republication and commercialization of its content. American Marketing
CONFIDENTIAL INFORMATION
During participation in the program, you may receive information that is not publicly available.
Confidential information may include:
• Training materials
• Scripts
• Pricing strategies
• Internal procedures
• Sales processes
• Customer information
• Prospect information
• Business strategies
• Marketing methods
• Technology
• Financial information
• Vendor information
• Internal communications
You agree not to disclose or misuse confidential information except as authorized or required by law.
Additional confidentiality obligations may be contained in your Independent Marketing Consultant Agreement.
YOUR CONTENT
If you submit text, photographs, videos, testimonials, comments, reviews, documents, application materials, or other content through our website or program, you represent that you have the right to provide that content.
You may not submit material that infringes intellectual property rights, privacy rights, publicity rights, or other rights belonging to another party.
Where reasonably necessary to operate the program or promote American Marketing, you grant American Marketing permission to store, reproduce, process, and use content you voluntarily provide, subject to applicable law and our Privacy Policy.
FEES AND PAYMENTS
Certain products, training programs, services, technology, materials, or participation options may require payment if expressly disclosed before purchase.
Any applicable price, billing terms, cancellation terms, and refund terms will be provided at or before the time of purchase.
You are responsible for providing accurate billing information and authorizing payments associated with purchases you make.
Participation fees, when applicable, do not constitute payment for employment, guaranteed certification, guaranteed clients, or guaranteed income.
WEBSITE USE
You agree not to use this website:
• For unlawful purposes
• To violate another person’s rights
• To distribute malware or harmful software
• To interfere with website operation or security
• To collect data without authorization
• To impersonate another person
• To submit fraudulent applications
• To obtain unauthorized access to accounts or systems
• To scrape, harvest, or extract website information improperly
• To reproduce proprietary materials without permission
• To conduct unauthorized advertising or solicitation
We may restrict or terminate website access for violations of these Terms.
ACCOUNTS AND LOGIN CREDENTIALS
Certain portions of the program may require an account.
You are responsible for maintaining the confidentiality of usernames, passwords, and other login information associated with your account.
You may not share access credentials with unauthorized individuals.
You are responsible for activity occurring through your account unless prohibited by applicable law.
Notify American Marketing promptly if you believe your account has been compromised.
COMMUNICATION CONSENT
When you submit an application, request information, create an account, or otherwise provide contact information, you agree that American Marketing may contact you regarding your application, training, certification, program participation, account, support, and related matters.
Where appropriate consent has been provided, communications may also include promotional messages.
Communications may occur by:
• Email
• Telephone
• SMS or text message
• Online messaging
• Other electronic communication methods
Message and data rates may apply.
You may opt out of promotional text messages by replying STOP and promotional emails by using the unsubscribe link.
Consent to receive promotional SMS messages is not a condition of purchase.
American Marketing’s existing Terms use substantially similar email and SMS consent provisions, including STOP and HELP functionality. American Marketing
PRIVACY
Your use of the website and participation in the program are also governed by our Privacy Policy.
The Privacy Policy describes how American Marketing collects, processes, stores, and discloses personal information.
THIRD PARTY SERVICES
We may use third party platforms and service providers for training, communications, payments, scheduling, analytics, advertising, customer management, hosting, and other business functions.
Your use of certain third party services may also be governed by that provider’s terms and privacy policies.
American Marketing is not responsible for the independent actions or policies of unaffiliated third party providers except as required by applicable law.
TESTIMONIALS AND SUCCESS STORIES
Testimonials, reviews, examples, and success stories represent the experiences of particular individuals.
They should not be interpreted as representations that every participant will achieve identical or similar results.
Individual outcomes depend on numerous factors, including effort, ability, experience, time invested, market conditions, prospecting volume, and execution.
WEBSITE ACCURACY
We attempt to keep information on the website accurate and current.
However, program features, compensation structures, training materials, prices, policies, eligibility requirements, and other information may change.
If website information conflicts with an executed written agreement between you and American Marketing, the applicable written agreement will control to the extent of the conflict.
NO WARRANTIES
The website and its content are provided on an “as is” and “as available” basis to the fullest extent permitted by law.
American Marketing does not guarantee that the website will always be uninterrupted, error free, secure, or available.
American Marketing’s existing Terms similarly provide the website on an “as is” basis without express or implied warranties. American Marketing
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, American Marketing and its owners, officers, directors, employees, contractors, affiliates, representatives, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages resulting from or relating to:
• Your use of the website
• Participation in the consultant program
• Loss of anticipated commissions
• Loss of prospective customers
• Business interruption
• Loss of data
• Unauthorized account access
• Reliance on website content
• Third party services
Nothing in these Terms limits liability where such limitation is prohibited by law.
INDEMNIFICATION
To the extent permitted by law, you agree to indemnify, defend, and hold harmless American Marketing and its owners, officers, directors, employees, affiliates, representatives, and agents from claims, liabilities, damages, costs, and expenses arising from your violation of these Terms, unlawful conduct, unauthorized representations, infringement of third party rights, or misuse of American Marketing materials.
TERMINATION
American Marketing may suspend or terminate access to the website, training platform, consultant program, company systems, proprietary materials, or other resources when permitted by applicable agreements and law.
Termination may occur for reasons including:
• Violation of these Terms
• Violation of the consultant agreement
• Fraud or misrepresentation
• Unprofessional conduct
• Unauthorized brand use
• Customer abuse
• Legal or regulatory concerns
• Security concerns
• Failure to maintain program requirements
Rights and obligations intended to survive termination, including intellectual property, confidentiality, indemnification, and payment obligations, will continue as applicable.
SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect.
CHANGES TO THESE TERMS
American Marketing may update these Terms from time to time.
Updated Terms will be posted on this website with a revised effective date.
Continued use of the website after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
ASSIGNMENT
American Marketing may assign or transfer its rights and obligations under these Terms as permitted by law.
You may not transfer your rights or obligations without written authorization from American Marketing.
ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any separate agreements applicable to your participation, constitute the applicable agreement regarding your use of this website.
If you enter into a separate Independent Marketing Consultant Agreement, compensation agreement, confidentiality agreement, or other written agreement with American Marketing, that agreement will control regarding the subjects specifically addressed by it if there is a conflict.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.
To the extent a dispute must be resolved in court and another written agreement does not provide otherwise, the parties consent to the jurisdiction of applicable state and federal courts located in Pennsylvania.
That follows the Pennsylvania governing law structure already used in American Marketing’s current Terms. American Marketing
CONTACT US
Questions concerning these Terms may be directed to:
American Marketing
Email: startwinning@americanmarketing.agency
Website: BecomeAMarketingConsultant.com
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Marketing Consultants are independent contractors. Earnings are performance based and are not guaranteed.