A. The AMRIT YOGA FOUNDATION, INC. represents and warrants that it has the right and power to grant the permitted use at hand and that there are no other agreements with any other party in conflict herewith.
B. Applicant shall be solely responsible for its own advertising and promotion of his/her audio/video files. Applicant must explicitly request permission for all uses in other platforms or mediums from the Amrit Yoga Institute, Inc.
A. In consideration for the permitted use granted hereunder, and the benefit of Amrit Yoga qualified backing, approval, and quality-certified logo, the Applicant agrees to pay to the AMRIT YOGA FOUNDATION, INC. US$25.00 (per submission). This term may be altered or amended only by the express written consent of all parties to this agreement as mutually agreed upon.
A. The permitted use granted hereunder are conditioned upon the Applicant’s full and complete compliance with the prescribed quality assurance guidelines and controls provided by the Amrit Yoga Foundation, Inc.
B. The name, logo, marks, character, and the like across all media shall be of, at least, the quality which is prescribed by the AMRIT YOGA FOUNDATION, INC. under this agreement and in conformity with what is approved by the AMRIT YOGA FOUNDATION, INC.
C. If the quality of media, including, but not limited to, audio, video, copy, and any and all media use falls below such a quality, as previously approved by the AMRIT YOGA FOUNDATION, INC., the Applicant shall use its best efforts to restore such quality. In the event that the Applicant has not taken appropriate steps to restore such quality within thirty (30) days after notification by the AMRIT YOGA FOUNDATION, INC., the AMRIT YOGA FOUNDATION, INC. shall have the right to terminate this Agreement and require that the the Applicant to cease the use, upload, dissemination, and/or distribution of such media.
The permission granted hereunder is personal to AMRIT YOGA FOUNDATION, INC. and shall not be assigned by any act of AMRIT YOGA FOUNDATION, INC. or by operation of law unless in connection with a transfer of substantially all of the assets of the Applicant and with the consent of THE AMRIT YOGA FOUNDATION, INC.
NOTICE AND PAYMENT
A. Any notice required to be given pursuant to this Agreement shall be in writing and delivered personally to the other designated party at the above stated address, or, mailed by certified or registered mail, return receipt requested or delivered by a recognized national overnight courier service, except e-mail may be used for day-to-day operations and contacts but not for ‘notice’ or other communications required under this agreement or by law.
B. Either party may change the address to which notice or payment is to be sent by written notice to the other in accordance with the provisions of this paragraph.
For timely and accurate responses, please ensure that all correspondence is directed to:
The Amrit Yoga Institute
ATTN: Hasu Marney Coulter
23855 NE Highway 314
Fort McCoy, FL 32134
TERMINATION OR EXPIRATION
A. In addition to the termination rights that may be provided elsewhere in this Agreement, either party may terminate this Agreement upon thirty (30) days written notice to the other party in the event of a breach of a material provision of this Agreement by the other party, provided that, during the thirty (30) day period, the breaching party fails to cure such breach.
B. Upon the expiration or termination of this Agreement, all rights of the Applicant under this Agreement shall terminate and immediately revert to the AMRIT YOGA FOUNDATION, INC. and the Applicant shall immediately discontinue all use of name, logo, marks, character, and the like in association with all media delivered through the worldwide web.
AMRIT YOGA FOUNDATION, INC. recognizes the value of the good will associated with the its name, character, marks, and the like, and, as such, will exert all effort necessary to assure quality use of its name, character, marks, and the like standards are adhered to.
JURISDICTION AND DISPUTES
A. This Agreement shall be governed in accordance with the laws of the Marion County, State of Florida, United States of America.
B. Any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (except at the option of either party for any application for injunctive relief) shall be finally settled by arbitration in Marion County, Florida under the rules of the American Arbitration Association (AAA) before one arbitrator and judgment upon the award rendered may be entered in any court having jurisdiction. In this regard, the parties submit to the personal subject matter jurisdiction of the State of Florida. The arbitration provisions of this Section shall be interpreted per, and governed by, the Federal Arbitration Act, and any action to enforce any rights hereunder shall be brought exclusively in the U.S. District Court for the Central District of Florida. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY.
C. The parties may mutually agree upon any procedure for appointing the arbitrator and shall inform the AAA administrator as to such procedure; however, if within 45 days after the commencement of the arbitration, all the parties have not mutually agreed on a procedure for appointing the arbitrator or have not mutually agreed on the designation of the arbitrator, the AAA administrator shall unilaterally appoint and designate the presiding arbitrator.
D. If a party fails to file a statement of defense within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, or if a party, duly notified, fails to appear at a hearing without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed with the arbitration; or if a party, duly invited to produce evidence or take any other steps in the proceedings fails to do so within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may make the award on the evidence before it.
E. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
AGREEMENT BINDING ON SUCCESSORS
The provisions of this Agreement shall be binding on and shall inure to the benefit of the parties hereto, and their heirs, administrators, successors, and assigns.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
NO JOINT VENTURE
Nothing contained herein shall constitute this arrangement to be employment, a joint venture or a partnership.
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties, including any option agreements which may have been entered between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with said Agreement.
Any amendment to this Agreement must be in writing and signed by an authorized person of each party.
IN WITNESS, WHEREOF, the parties hereto, intending to be legally bound hereby, have each caused to be affixed hereto its or his/her hand and seal the day indicated.
This agreement pertains specifically to soft/intangible brand, trademark, and good will value derived through the use of the mark at hand in an effort to promote, advertise, teach, train, and spread the divine message(s) of Integrative Amrit Method, and its sub-marks.