All services and subscriptions provided to a Builder (Builder) and CLB Network, LLC (Network) shall be governed by the terms and conditions as listed herein.
1. Relationship
During the term of the relationship of the Builder and the Network, with the start date to be the first date of payment to the Network, the Network will provide services to Builder as described in a Service Fees Description or Invoice for Services (Invoice) provided to the Builder. Details of services provided by Network may be viewed at https://www.clbnet work.com/service-plans.
2. Payment
As consideration for the services to be provided by Network and other obligations, Builder shall pay to Network monthly the amounts as specified in the Invoice.
3. Term and Termination
Network shall provide services to Builder for a period commencing on the date of the first payment. Either party without cause may terminate with written notice subject to the following terms and conditions, email notice shall suffice:
- Network agrees that if it terminates any or all services, it will continue to provide the services from the date of notice for thirty (30) days so long as all fees are currently paid as scheduled in the Invoice.
- Builder agrees that if it terminates services, it will continue to pay Network regularly scheduled fees from the date of notice for a period of thirty (30) days) days whether it chooses to have Network continue performing such services or not. Builder further understands that all Performance Bonus Fees earned prior to termination of the services are due and payable at time of termination or as earned according to the Performance Bonus Arrangement.
- If Builder is unable to pay its scheduled fees to Network, all services provided by Network may be terminated immediately, and Builder agrees that notice is waived.
- If in the future, Builder decides to switch to a different system or provider, Network does not wish any harm to Builder and will provide CSV or HTML files that Builder can have to be used by the next provider.
4. Ownership
Network is the provider of services and owns Creative Content, eBooks, Documents, Template Agreements, Resource Guides, Mastery Guides, Images, Writing, Photographs, Music, Videos, Architectural Designs, Software Code, Algorithms, Methods, Systems, and Functions of Software, known as the Solutions. ("CLB Network Solution"). Network as the provider has the option to treat failure to pay as a material breach of these Terms and Conditions and may cancel the services if remedies are not reached within 15 days after Builder is notified.
Any copyright-able works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Network in connection with the services will be the exclusive property of Network. This includes, but is not limited to protected Creative Content, eBooks, Mastery Guides, Documents, Resource Guides, Agreements, Images, Writing, Photographs, Music, Videos, Architectural Designs, Partner Content or Solutions, Member Content, Software Code, Algorithms, Methods, Systems, and Functions of Software, known as the Solutions.
Builder understands and acknowledge that Network Websites, Solutions, Applications, and its Content have been developed or obtained by Network through the investment of significant time, effort and expense, and that Network Websites, Solutions, Applications, and its Content are valuable, special, and unique assets of Network which need to be protected from improper and unauthorized use. Builder may not use Network Websites, Solutions, Applications, and its Content in a manner that constitutes an infringement of Network rights or that has not been authorized by Network.
When Builder subscribes or is granted access to Network Websites, Solutions, Applications, or any of its Content, Builder agrees that:
Builder understands that doing anything with Network Websites or its Content that is contrary to these Terms and Conditions and the limited license Network is providing Builder herein is considered theft, and Network reserves the right to request removal, disable, or prosecute theft to the full extent of the law.
Builder owns all rights to their IP and modifications to social channels including campaign content posts specifically created for Builder. This excludes Network landing pages and Resource Documents. Print materials can be used, but may not be recreated after Builder is terminated.
5. Confidentiality
Network and its employees, agents, or representatives will not at anytime or in any manner, either directly or indirectly, use for their personal benefit or the Network, or divulge, disclose, or communicate in any manner, any information that is proprietary to Builder. Network and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of the services. Any oral or written waiver by Builder of these confidentiality obligations which allows Network to disclose Builders confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
6. Recruitment of Employees & Contractors
If Client chooses to employ any current or former employees or contractors of CLBN whose last engagement with CLBN was within twelve (12) months of the first date of hire at Client, Client agrees to pay CLBN a recruiting and training fee equal 50% of the average annual salary of the subject employee calculated using the average monthly salary of the last six months salary paid to the employee while at CLBN times twelve (12). For example, if the subject employee was earning $3,200 per month on average for the last six months of employment, then the fee paid from Client to CLBN would be 50% x $3,200 x 12 or $19,200.
If CLBN chooses to employ any current or former employees of Client whose last day at Client was within twelve (12) months of the first date of hire at CLBN, CLBN agrees to pay Client a recruiting and training fee equal 50% to the average annual salary of the subject employee calculated using the average monthly salary of the last six months salary paid to the employee while at Client times twelve (12). For example, if the subject employee was earning $3,200 per month on average for the last six months of employment, then the fee paid from CLBN to Client would be 50% x $3,200 x 12 or $19,200.
7. Warranty
Network shall provide the services and meet its obligations listed in the Invoice in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Network's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Network on similar projects.
8. Force Majeure
If performance of the services or any obligation listed in the Invoice is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, pandemics, insurrections, riots, or wars, or strikes, lockouts, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non- performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. Each party agrees to mutually indemnify and hold harmless the other party against any losses associated with or because of a breach of contract due to Force Majeure.
9. Dispute Resolution
The parties will attempt to resolve any dispute arising out of, or relating to the Invoice through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to these Terms and Conditions will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
10. Entire Document
This document contains the entire Terms and Conditions of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this document. This document supersedes any prior written or oral agreements between the parties.
11. Amendment
These Terms and Conditions may be modified or amended from time to time and are to be published with notice sent to all current members.
12. Governing Law
These Terms and Conditions shall be construed in accordance with the laws of the State of Florida.
13. Notice
Any notice or communication required or permitted under these Terms and Conditions shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
14. Warranties
Network hereby excludes all warranties, whether express or implied by operation of law, course of dealing, trade usage, representation statements, or otherwise including, but not limited to any implied warranty of merchantability or fitness for a particular purpose.
15. Work-for-Hire Policy
CLB Network, LLC Work-for-Hire and Intellectual Property Policy
This policy outlines the ownership and usage of intellectual property (IP) created as a result of work performed by or for CLB Network, LLC, a Florida Limited Liability Company (“CLB Network”).
All work products, derivative works, materials, designs, concepts, code, written content, videos, photographs, or any other deliverables (collectively referred to as “Work Output”) created by employees, contractors, developers, vendors, or clients while performing services for or with CLB Network shall be considered work-for-hire and the sole and exclusive property of CLB Network.
Unless explicitly stated in a written, signed legal agreement executed by authorized representatives of CLB Network, all rights, titles, and interests, including copyrights, patents, trademarks, and trade secrets, in and to the Work Output are automatically assigned to CLB Network.
At no time shall any developer, vendor, client, or third party claim ownership or assert any proprietary rights over Work Output created for or in collaboration with CLB Network, unless a current written agreement signed by CLB Network provides otherwise.
Any derivative works based on the original Work Output created for CLB Network, regardless of whether they are developed during or after the term of a project, shall also remain the sole property of CLB Network, unless a written agreement expressly states otherwise.
All Work Output and derivative works are considered confidential and proprietary to CLB Network. Unauthorized use, reproduction, or distribution of such materials is strictly prohibited.
Any exceptions to this policy must be documented in a separate written agreement signed by both CLB Network and the applicable party, specifying the scope of ownership, rights, or permissions granted.
CLB Network reserves the right to take legal action to protect its intellectual property rights and ensure compliance with this policy.
By working with, for, or on behalf of CLB Network, all employees, contractors, developers, vendors, and clients acknowledge and agree to abide by this Work-for-Hire Policy.
For any questions or clarifications regarding this policy, please contact CLB Network at [email protected].