Privacy Policy

 1. APPLICABILITY.
A. These terms and conditions for services (these “Terms”) are the only terms that govern
the provision of services by Blue Collar Ballers, LLC (“We”, “Us”, “Our” or the
“Company”), under the ADVANCED EARNER SALES NETWORK program (the “Program”)
to the participant (“You” or “Your”). It describes the general terms and conditions to
which You and We agree to be contractually bound. You or We may each be referred to
in these Terms as a “Party” and together may be referred to as the “Parties”.
B. The accompanying cover page (the “Cover Page”) and these Terms (collectively, this
“Agreement”) comprise the entire agreement between the Parties, and supersede all
prior or contemporaneous understandings, agreements, negotiations, representations
and warranties, and communications, both written and oral. In the event of any
conflict between these Terms and the Cover Page, these Terms shall govern.
C. This Agreement prevails over any general terms and conditions You may have
regardless of whether or when You submitted a request for proposal, order, or other
terms. Provision of services to You does not constitute acceptance by Us of any of Your
terms and conditions and does not serve to modify or amend this Agreement. 

2. SERVICES. The Company shall provide the services to You as described in the Cover Page
(the “Services”) in accordance with these Terms. 

3. PERFORMANCE DATES. The Company shall use reasonable efforts to meet any
performance dates specified in the Cover Page, and any such dates shall be estimates only. 

4. CONTRACTING LIABILITY.
A. You may sign in Your representative capacity of a foreign or domestic entity; however,
in the event of a Default, You agree to be personally liable for any performance under
this Agreement, unless otherwise mutually agreed by both Parties in a subsequent
written agreement.
B. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, BUSINESS OR
GOODWILL, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR DIRECT

DAMAGES IN EXCESS OF THE AMOUNTS PAID UNDER THIS AGREEMENT FOR THE
MONTH PRIOR TO THE DATE ON WHICH YOU NOTIFY US OF THE CLAIM. 

5. EMPIRE BUILDER PROGRAM PARTICIPATION SPECIAL REQUIREMENTS.
A. Annual Net Earnings. THE EMPIRE BUILDER PROGRAM (shown on the Cover Page) (the
“Empire Builder Program”) is an extremely exclusive program. We want the Empire
Builder Program to be as efficient and productive for Our participants as possible,
including You. In order to accomplish this, Our enrollment of Empire Builder Program
participants is limited. As a prerequisite to participation in the Empire Builder Program,
each participant is required to generate minimum thresholds, as defined by the
Company from time to time on its website, in annual net revenue in order to be
considered for participation. By Your acceptance on the Cover Page of the Terms:
1. You represent that You currently meet the minimum threshold in annual net
revenue;
2. You agree to provide a verified profit and loss statement or other income statement
for Your most recent fiscal year, if, as, and when requested by Us; and
3. You understand that Our agreement to be bound by the Terms is based upon Your
representations hereunder, and other representations by You.
B. Interview. We take pride in Our Empire Builder Program and in Our participants.
Frankly, We want to work with the best. As part of Our participant vetting process, We
may from time to time conduct telephone or in-person interviews with prospective
participants. In such event, by Your signature below:
1. You agree to be interviewed by one or more of Us, as a part of Our consideration of
You for participation in the Empire Builder Program;
2. You agree to provide any information We may request as a part of the interview
process, including financial statements, a current résumé or curriculum vitae,
and/or submit to a criminal background check, if, as, and when requested by Us;
3. The term of the Empire Builder Program is twelve (12) months, and any additional
time in the Empire Builder Program must be approved by Us. 

 6. Licensures and Certifications for All Program Participants. The Program is open to a
diverse group of earners across a diverse number of industries. To that end, by Your
signature below:
1. You represent that, if Your industry requires any licenses or certifications at the
state or federal level, all of Your licenses or certifications are current;

2. You represent that, if You are required to be a member of any trade organization
(i.e. association of realtors, state bar association, etc.) in order to conduct business,
that You are a member in good standing of such organization at the time of your
application to the Program; and
3. You agree to provide verification of your licensure, certification, or status within
your trade organization if, as, and when requested by Us. 

8. PAYMENT. By Your acceptance of the Terms on the Cover Page, You expressly and
specifically agree to the terms of payment as outlined in this Agreement. There are no
refunds.
A. Participation Fee. In consideration of the provision of the Services provided by the
Company and the rights granted to You under this Agreement, You shall pay the fees
You selected on the Cover Page. The participation fee for the Program shall be
dependent on the level selected on the Cover Page.
B. Payment Terms. If you selected the annual fee option, you must make the required
payment within five (5) days of Your acceptance of these Terms. If you selected the
monthly payment option, the first monthly payment will be due within five (5) days of
Your acceptance of these Terms and each subsequent monthly payment will
automatically be charged to Your credit card provided on the Cover Page. You shall
make all payments hereunder in US dollars.
C. Credit Card Authorization Required. Program participants are required to maintain an
active credit card on file with Us, and, by accepting these Terms, you authorize Us to
charge the annual or monthly installments to such as they become due.
D. Payment Failure. If you fail to make Your monthly payment, You must update Your
card information promptly to prevent your access to the Program from being
restricted. In the event payments are not received by Us within seven (7) days after
becoming due, the Company may:
1. Charge interest on any such unpaid amounts at a rate of 1.5% per month, or the
maximum amount permitted under applicable law, whichever is lower, from the
date such payment was due until the date paid;

2. Terminate Your participation in the Program; and/or
3. Suspend performance for all Services until payment has been made in full. 

9. DISCLOSURES. You agree to be truthful and forthright in the application and interview
process, as well as in Your participation in the Program. You understand that Our
agreement to be bound by this Agreement is based upon Your representations to Us. 

10. PARTICIPATION. In order to maximize the effectiveness of the Program to You, You agree
to:
A. Follow Weekly Email Instructions.
B. Complete Monthly Accountability Work. 

11. DEFAULT. Your payment account with Us must be current pursuant to this Agreement
before the start of each Program event. If Your account with Us is delinquent for any
amount of time prior to the start of any Program event (including but not limited to all
membership incentives, such as weekly calls, webinar meetings, Facebook® group
memberships, and digital program access), You will be considered to be in default of this
Agreement, and Your participation in any Program event will be suspended until Your
account is brought current. If Your account remains in default for seven (7) days, You will
be in breach of this Agreement, at which point We will have the right to cancel the
Agreement and terminate Your participation in the Program and to collect the full amount
of the Agreement under Section 8 above, plus any applicable damages. 

12. Taxes. You shall be responsible for all sales, use and excise taxes, and any other similar
taxes, duties and charges of any kind imposed by any federal, state, or local governmental
entity on any amounts payable by You hereunder. 

13. INTELLECTUAL PROPERTY. All intellectual property rights, including copyrights, patents,
patent disclosures and inventions (whether patentable or not), trademarks, service marks,
trade secrets, know-how and other confidential information, trade dress, trade names,
logos, corporate names, and domain names, together with all of the goodwill associated
therewith, derivative works and all other rights (collectively, “Intellectual Property
Rights”) in and to all documents, work product, and other materials that are delivered to
You under this Agreement or prepared by or on behalf of Us in the course of performing
the Services, including any items identified as such in the Cover Page (collectively, the
“Deliverables”) shall be owned by Us or by a third party that may have licensed all or any
portion of the Deliverables to Us. The Company hereby grants You a license or sub-license
to use all Intellectual Property Rights free of additional charge and on a non-exclusive,
worldwide, non-transferable, non-sublicensable, fully paid-up, and royalty-free basis to the
extent necessary to enable You to make reasonable use of the Deliverables and Services.

This license shall terminate automatically and become null and void upon any payment
failure as required in these Terms or upon Your termination of participation or Our
termination of Your participation in the Program for any reason. 

14. CONFIDENTIAL INFORMATION.
A. All non-public, confidential or proprietary information of the Company or any third
party, including, but not limited to, Intellectual Property Rights and any other
information pertaining to business operations and strategies, client information, CRM
data, records, procedures, techniques, technical data, methods of operation, and
information pertaining to customers, pricing, and marketing (collectively, “Confidential
Information”), disclosed by Us to You, or other Confidential Information disclosed by
fellow participants, coaches, contractors, and employees of the Company, whether
disclosed orally or disclosed or accessed in written, electronic or other form or media,
and whether or not marked, designated or otherwise identified as “confidential,” in
connection with the provision of the Services and this Agreement is confidential, and
shall not be disclosed or copied by You without the prior written consent of Us.
Confidential Information does not include information that is:
1. in the public domain at the time of disclosure;
2. known to You at the time of disclosure; or
3. rightfully obtained by You on a non-confidential basis from a third party.
B. You agree to use the Confidential Information only to make use of the Services and
Deliverables.
C. You agree that We shall be entitled to injunctive relief for any violation of this Section. 

15. NON-COMPETE. By signing below, You acknowledge and agree to the following:
A. During Your participation in the Program and for a period of twelve (12) months
following the end of Your participation in the Program (the “Restricted Term”), You
agree not to directly or indirectly recruit, or attempt to recruit, or hire any client(s),
employee(s), contractor(s), representative(s), agent(s), or consultant(s) of the Company
or the Program, and further agree to not induce them in any way to terminate their
employment, representation, with their current company or Us without Our prior
written consent.
B. During the Restricted Term, You agree not to directly or indirectly provide any services
similar to the Services provided by Us to You to any third party.
C. You agree that We shall be entitled to injunctive relief for any violation of this Section. 

16. DISCLAIMER OF WARRANTIES.
A. WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES,
INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A
THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
B. Success Not Guaranteed. We further disclaim any warranty of success. We believe in
Our Program, but it takes work by You in order to be successful. We have made no
guarantees that You will increase Your revenues or achieve other success (financial or
otherwise) by Your participation in the Program or Program events. You specifically
agree that You are not relying upon any such guaranty or representation by Us in
deciding to participate in the Program or to be bound by this Agreement. 

17. LIMITATION OF LIABILITY.
A. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR
PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE REGARDLESS OF WHETHER SUCH
DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE
FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
FURTHERMORE, THE COMPANY IS IN NO PART LIABLE FOR PERSONAL INVESTMENTS
MADE BETWEEN MEMBERS OF THE PROGRAM.
B. NOTWITHSTANDING THE FOREGOING IN THE EVENT THE LIMITATION IN SECTION
17.A IS NOT ENFORCEABLE FOR ANY REASON, IN NO EVENT SHALL THE COMPANY’S
AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER
ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF THE MOST RECENT ONE
MONTH’S FEES PAID BY YOU TO US UNDER THIS AGREEMENT. IF YOU PAID AN
ANNUAL FEE, OUR MAXIMUM AGGREGATE LIABILITY EQUALS THE MOST RECENT
ANNUAL FEE PAID BY YOU, DIVIDED BY 12.
C. The limitation of liability set forth in this Section 17 above shall not apply to liability
resulting from the Company’s fraud or willful misconduct. 

 18. TERMINATION. In addition to any remedies that may be provided under this Agreement,
the Company may terminate this Agreement with immediate effect upon written notice to
You, if You:
A. fail to pay any amount when due under this Agreement and such failure continues for
seven (7) days;
B. have not otherwise performed or complied with any of the terms of this Agreement, in
whole or in part; or
C. become insolvent, file a petition for bankruptcy or commence or have commenced
against it proceedings relating to bankruptcy, receivership, reorganization, or
assignment for the benefit of creditors. 

19. WAIVER. No waiver by the Company of any of the provisions of this Agreement is effective
unless explicitly set forth in writing and signed by Us. No failure to exercise, or delay in
exercising, any rights, remedy, power, or privilege arising from this Agreement operates or
may be construed as a waiver thereof. No single or partial exercise of any right, remedy,
power, or privilege hereunder precludes any other or further exercise thereof or the
exercise of any other right, remedy, power, or privilege. 

20. GOVERNING LAW. All matters arising out of or relating to this Agreement are governed by
and construed in accordance with the internal laws of the State of Maryland without giving
effect to any choice or conflict of law provision or rule (whether of the State of Maryland
or any other jurisdiction) that would cause the application of the laws of any jurisdiction
other than those of the State of Maryland. 

21. SUBMISSION TO JURISDICTION. Any legal suit, action, or proceeding arising out of or
relating to this Agreement shall be instituted in the United States District Court for
Maryland located in Greenbelt, Maryland or Baltimore, Maryland, or the courts of the
State of Maryland located in Anne Arundel, County, Maryland, and each Party irrevocably
submits to the exclusive jurisdiction and venue of such courts in any such suit, action, or
proceeding. 

22. Schedule. We will make our best efforts to notify You of the dates, times, locations, and
structure of each Program event; however, You understand and agree that any such dates,
times, locations, and structure of each Program event are subject to change. 

23. FORCE MAJEURE. No Party shall be liable or responsible to the other Party, nor be deemed
to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or
performing any term of this Agreement (except for any obligation by You to make
payments to Us), when and to the extent such failure or delay is caused by or results from
acts beyond the impacted party’s (“Impacted Party”) reasonable control, including,
without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts

of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as
epidemics, pandemics (such as COVID-19) or explosion; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d)
government order, law, or action; (e) embargoes or blockades in effect on or after the date
of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or
slowdowns or other industrial disturbances; (h) shortage of adequate power or
transportation facilities; and (i) other similar events beyond the reasonable control of the
Impacted Party. The Impacted Party shall give notice within ten (10) days of the Force
Majeure Event to the other Party, stating the period of time the occurrence is expected to
continue. The Impacted Party shall use diligent efforts to end the failure or delay and
ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall
resume the performance of its obligations as soon as reasonably practicable after the
removal of the cause. In the vent that the Impacted Party’s failure or delay remains
uncured for a period of twenty (20) consecutive days following written notice given by it
under this Section 22, the other party may thereafter terminate this Agreement upon ten
(10) days’ written notice. 

24. ASSIGNMENT. You shall not assign any of Your rights or delegate any of Your obligations
under this Agreement without the prior written consent of the Company. Any purported
assignment or delegation in violation of this Section is null and void. No assignment or
delegation relieves You of any of You obligations under this Agreement. 

25. RELATIONSHIP OF THE PARTIES. The relationship between the Parties is that of
independent contractors. Nothing contained in this Agreement shall be construed as
creating any agency, partnership, joint venture or other form of joint enterprise,
employment, or fiduciary relationship between the Parties, and neither Party shall have
authority to contract for or bind the other Party in any manner whatsoever. 

26. NO THIRD-PARTY BENEFICIARIES. This Agreement is for the sole benefit of the Parties
hereto and their respective successors and permitted assigns and nothing herein, express
or implied, is intended to or shall confer upon any other person or entity any legal or
equitable right, benefit or remedy of any nature whatsoever under or by reason of these
Terms. 

27. NOTICES. All notices, requests, consents, claims, demands, waivers, and other
communications hereunder (each, a “Notice”) shall be in writing and addressed to the
parties at the addresses set forth in the Cover Page or to such other address that may be
designated by the receiving Party in writing. All Notices shall be delivered by personal
delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with
confirmation of transmission) or email or certified registered mail (in each case, return
receipt requested, postage prepaid). Except as otherwise provide in this Agreement, a
Notice is effective only (a) upon receipt of the receiving Party, and (b) if the Party giving
the Notice has complied with the requirements of this Section. 

 28. SEVERABILITY. If any term or provision of this Agreement is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not
affect any other term or provision of this Agreement or invalidate or render unenforceable
such term or provision in any other jurisdiction.. If any term or provision of this Agreement
are found to be unreasonable or invalid, those provisions shall be enforced to the
maximum extent valid and enforceable. 

29. AMENDMENT AND MODIFICATION. These Terms may be amended or modified by Us at
any time for any reason without notice to You, other than by updating the Terms on our
website.