License Agreement: Certified Instructor of PSYCH-K® Basic Workshop
This License Agreement is made this (the “Effective Date”), by and between The Myrddin Corporation, a New Mexico corporation (hereinafter referred to as “Myrddin”) located at PO Box 1885, El Prado, New Mexico, USA and , PSYCH-K® Basic Workshop Instructor, (hereinafter, “Instructor”), located at , . Myrddin and Instructor are sometimes individually referred to herein as a “Party” and collectively as the “Parties.”
WHEREAS, Myrddin is the owner of all Myrddin intellectual property, including but not limited to the copyright in all materials, manuals, books, audio and video materials used in connection with the PSYCH-K® Basic Workshop (hereinafter “PSYCH-K” and “Workshop/s”), the copyright in all materials generated by Myrddin in connection with the Workshop/s, Myrddin’s trade secrets, including but not limited to, participant data, mailing lists, and contact information, and trademarks and service marks including but not limited to, PSYCH-K®, U.S. Patent and Trademark Office Registration No. 3,196,506, FREE YOUR MIND, the THREE NESTED SPIRALS LOGO (Design), and SOFTWARE FOR THE MIND, (collectively, the “Myrddin IP”), the validity of which is undisputed by the Instructor; and
WHEREAS, Myrddin desires to grant Instructor a license to use the Myrddin IP upon the terms and conditions hereinafter set forth; and
WHEREAS, the Instructor desires to provide Basic Workshop/s using the Myrddin IP, and desires to accept and diligently use the license from Myrddin subject to the terms and conditions hereinafter set forth:
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree it is agreed as follows:
AGREEMENT: As set forth herein, Myrddin provides for Certification and maintenance of Certification. To maintain Certification and renew this License Agreement, the Instructor must meet the following requirements. Failure to meet the following requirements shall constitute a failure to perform as set forth in Section (7)(b), below.
(a) Participant Information: At each Workshop, the Instructor shall ensure that each participant executes the current version of the Workshop Participant Agreement. The electronic method is required. In the event that the electronic version is impossible to execute, due to logistical or other extenuating circumstances, the Instructor agrees to complete an email exchange between the participant and the Instructor with an acknowledgment by the participant that he/she has read and agrees to abide by said Workshop Participant Agreement. The Instructor agrees to copy Myrddin, or its designated Agent, on the email exchange between the Instructor and participant, thereby providing a copy of the agreement to Myrddin. If the participant needs to execute the Workshop Participant Agreement via email, then, within seven (7) days of the completion of the Workshop/s conducted by the Instructor, Myrddin shall be in receipt of an email as described in this section. Furthermore, the name and email address of the participant, in addition to the date of the workshop, must be included in the email to Myrddin. In addition, to the extent that Instructor is not precluded from doing so by any applicable local laws, Instructor agrees to provide Myrddin with an electronic list of workshop participant information that shall include, but not be limited to, name, mailing address, telephone number/s, email address, and the price paid for the workshop. The format of this information is to be compatible with Microsoft Excel or another format to be specified by Myrddin. Myrddin reserves the right to use these names, as it sees fit, for any and all marketing, survey, or other purposes deemed appropriate by Myrddin, in accordance with local laws in the country of origin. Should Myrddin enable alternate means of obtaining any of the participant information directly through an electronic process or otherwise, Instructor shall no longer be required to provide such information.
(b)(i) Purchase of Workshop/s Packet(s) from Myrddin: Instructor shall purchase and use a minimum of one hundred (100) packets during each twelve (12) months following Instructor’s “Agreement Anniversary.” Any variation of the requirements set forth in this Section (4)(b)(i) must be requested in writing by Instructor and approved in writing by Myrddin.
(b)(ii) Packet/s Use: Instructor shall use at least the minimum number of packets set forth in Section (4)(b)(i), above, to instruct participants in Workshop/s during the twelve (12) month period for which they were purchased.
(c) Skills Refresher: The Instructor agrees to teach at least one PSYCH-K® Basic Workshop during each six (6) month period of each year, starting on the Effective Date. If the Instructor fails to do so, Instructor agrees to attend a PSYCH-K® Basic Workshop taught by another certified Instructor to be determined by Myrddin. The Instructor shall meet this requirement before beginning or resuming teaching Workshop/s. All expenses associated with meeting this requirement will be borne exclusively by the Instructor.
(d) Professional Conduct: The Instructor shall diligently conduct himself or herself in an ethical and professional manner with respect to the Myrddin IP. Failure to do so, in the opinion of Myrddin, will result in the immediate termination of this Licensing Agreement.
(e) Pricing: Myrddin reserves the right at any time to change prices for its products and services including Certification maintenance requirements. Any such pricing changes will become effective to Instructor (30) thirty days from the date instituted by Myrddin.
Following termination of Instructor’s rights pursuant to this Agreement, Instructor and Myrddin may, at the sole discretion of Myrddin, enter into a subsequent agreement with Myrddin for Instructor’s limited use of the Myrddin IP.
IN WITNESS WHEREOF the Parties have executed this Agreement on the date and year first written above.
The Myrddin Corporation
By: Robert M. Williams
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Document Name: License Agreement: Certified Instructor of PSYCH-K® Basic Workshop
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