Excel Blue Ocean Strategy

Program Participation Agreement

Effective Date: January 24th, 2024

THE AGREEMENT: This Program Agreement (hereinafter,

"Agreement") is made by and between Excel Media Company, a

corporation, incorporated under the laws of the state of South Carolina,

hereinafter referred to as "Program Provider," and you, further

defined below, as a participant in the Excel Blue Ocean education program, also

defined below.

All parts and sub-parts of this Agreement are specifically

incorporated by reference here. This Agreement shall govern the use of all

seminars, program curriculum, websites, software, and lead data in the program

(all collectively referred to as "Program") and any services provided

by or on this Program Provider through the Program ("Services")

and/or on the Program Provider's website ("Website").

Qualifying Companion (Plus one)

We strongly support the mastermind concept. We allow, and

encourage, that each participant bring a qualified companion as defined herein:

There 2 types of qualifying Plus-One companions.

1.     Spouse

(or verified significant other)

a.     There is no additional fee due.

2.     Agency Admin

a.   The ticket for agency admin is ½ ticket cost.

b.  The discount applies according to the timing period purchased.

c.     Refer to Article 9, second paragraph

Qualifying as the Plus-One Companion is not guaranteed. We reserve

the right to ask for verification prior to approval.

Article 1 - DEFINITIONS:

A) The parties referred to in this Agreement shall be defined as

follows:

I) Program Provider, us, we: Program Provider, as the creator,

operator, and publisher of the Program, is responsible for providing the Program

publicly. Program Provider, us, we, our, ours and other first-person pronouns

will refer to the Program Provider, as well as, if applicable, all employees

and affiliates of the Program Provider.

II) You, the user, the participant: You, as the participant in the

Program and/or user of the Websites, will be referred to throughout this

Agreement with second-person pronouns such as you, your, yours, or as user or

participant.

III) Parties: Collectively, the parties to this Agreement (Program

Provider and You) will be referred to as Parties.

B) The Program details are as follows:

I) Program Name: Excel Blue Ocean Strategy Education Program

Education Program: LAB

Solutions

(leads, attrition, and burnout)

II) Program Description:

This Program will educate life insurance agents/brokers and/or

financial planners with the proper knowledge and skills for the purpose of

locating, contacting, and rehabilitating previous insurance policyholders.

III) Total Program Fees ("Fees"): $699 (six hundred

ninety-nine US dollars)

    Discounted or

increased pricing may occur at our discretion.

Program Fee shall offer $200 discount if purchased with opening

time period (TBD)

IV) Program URL: https://go-excel.com/blueocean.html

Article 2 - ASSENT & ACCEPTANCE:

By purchasing and participating in the Program, you warrant that

you have read and reviewed this Agreement and that you agree to be bound by it.

If you do not agree to be bound by this Agreement, please cease your

participation in the Program immediately. If you do so after purchase, you will

not be entitled to any refund. Program Provider only agrees to provide the Program

to you if you assent to this Agreement.

Article 3 - LICENSE TO USE WEBSITE & ACCESS PROGRAM MATERIALS:

We may provide you with certain information as a result of your

accessing of the Program through the Seminar and/or websites. Such information

may include, but is not limited to, documentation, data, or information

developed by us and other materials which may assist in your participation in

the Program ("Materials"). Subject

to this Agreement, we grant you a non-exclusive, limited, non-transferable and

revocable license to use the Materials solely in connection with your

participation in the Program and/or your use of the Website. The Materials may

not be used for any other purpose, and this license terminates upon your

completion of the Program, your cessation of use of the Program or the Website,

or at the termination of this Agreement.

Article 4 - PROGRAM TERMS:

The Program will have a structured start date, which means you will

begin participation upon the published start date.

The Program and any of its accompanying Materials may not be

shared with any party. If we suspect that the Program or Materials are being

shared and/or that you have shared your licensing rights (including any

provided lead data) with any party, we reserve the right to immediately

terminate your access to the Program, in our sole and exclusive discretion.

We do not offer any promises or guarantees with regard to our Program

or Program Materials. You hereby acknowledge and agree:

A) You are solely and exclusively responsible for the interpretation

and choices that you make with regard to this Program, the Materials contained

within it, or any significant changes to your business or life;

B) You are solely and exclusively responsible for your own mental

health, physical health, business decisions, and any other actions or inaction

you choose to take;

C) We are not liable for any result or non-result or any

consequences which may come about due to your participation in the Program;

D) This Program does not constitute a therapeutic relationship or

a medical one. We do not provide therapy or medical services and you are

responsible for procuring these services at your own will and discretion if

needed.

E) This Program does NOT guarantee a specific cost expectation

regarding purchaser’s expenses, including Program Fees and lead expenses. It

shall be understood that each purchaser is responsible for diligently pursuing

all ex-clients, including any attempts to contact, marketing, and/or

monitoring. We are not responsible for

any marketing content produced by the purchaser. We are in no way responsible for the quality

exhibited by purchasers. In other words, we are not responsible for poor

results if purchaser fails to produce desired results. This Program merely

instructs purchasers on how to enhance his/her existing operations; the quality

and performance of participants efforts are the responsibility of the

purchaser.

F) Access to program includes, but is not limited to, the live

Seminar, the lead data, access to the Program materials, and privilege to build

referral opportunities. The Program Provider’s experts or affiliates may

participate in discussions, but we are in no way obligated to future

expectations of the purchaser as part of the purchase. Furthermore, we are not

obligated to provide additional coaching/consulting services beyond what is

included in the Program. We may offer

program participants additional resources and/or subsequent programs at

additional costs.

Assignment of Ex-Clients:

To protect all parties’

interests, NO ex-clients will be assigned to the original or previous agent of

record.

To avoid any potential conflicts, this policy will be without

exception.

Article 5 - INTELLECTUAL PROPERTY:

You agree that the Materials, the Program, the Website, and any

other Services provided by the Program Provider are the property of the Program

Provider, including all copyrights, trademarks, trade secrets, patents, and

other intellectual property ("Company IP"). You agree that the

Company owns all rights, title and interest in and to the Company IP and that

you will not use the Company IP for any unlawful or infringing purpose. You

agree not to reproduce or distribute the Company IP in any way, including electronically

or via registration of any new trademarks, trade names, service marks or

Uniform Resource Locators (URLs), without express written permission from the

Company.

Furthermore, sharing access to the Program is NOT allowed. If we

determine that a member is sharing access without permission, we will terminate

your access to the program, which includes loss of all access and materials

within the Program.

Article 6 – TCPA Compliance

Program Participants are required to

follow all FCC, FTC, and TCPA regulations.

Reference: Telephone Consumer Protection Act 47 U.S.C. §

227

Article 7 - YOUR OBLIGATIONS:

As a participant in the Program, you will be asked to register

with us. When you do so, you will choose a user identifier, which may be your

email address or your actual name. You may also provide personal information,

including, but not limited to, your name, address, business relationship,

license status, phone number, and proof of identification. You are responsible

for ensuring the accuracy of this information. This identifying information

will enable you to participate in the Program. You must not share such

identifying information with any third party, and if you discover that your

identifying information has been compromised, you agree to notify us

immediately in writing. Email notification will suffice. You are responsible

for maintaining the safety and security of your identifying information as well

as keeping us apprised of any changes to your identifying information.

The billing information you provide us, including credit card,

billing address and other payment information, is subject to the same

confidentiality and accuracy requirements as the rest of your identifying

information. Providing false or inaccurate information, or using the Program or

the Website to further fraud or unlawful activity is grounds for immediate

termination of this Agreement.

Each participant is obligated to behave in a professional manner

during the entire event. We reserve the right to expel any participant who

fails to maintain proper professional behavior. No refund is given.

Participants are required to honor the “first right of refusal”

promise to the carrier who provides the ex-client. In the event of a breach of this condition, we

reserve the right to terminate the agreement. However, fiduciary duty of

advisors is priority. We may require that advisors provide proof that “first

right of refusal” to the carrier was outside of fiduciary duty.

Program Participants are REQUIRED to participate in

the monitoring and tracking of ALL ex-clients.

Required Time Frames

30 Days: Proven Contact

60 Days: “Application

Submitted” or Notification of “Do Not Contact” or “Refused Application”

Article 8 – SEMINAR ATTIRE:

The Musts:

·        

Professional attire is mandatory

·        

For Men:

o  Dress suit; or

o  Sport coat

o  Tie

o  Dress slacks

·        

For Ladies:

o  Tidy dress

o  Dress slacks

o Suits

o Button-down tops

o  Blouses

o  Blazers

The Must-Nots:

·       

No

beach attire. (shorts, T-shirts, flipflops, etc.)

Violation of Dress Code:

Violation of the seminar address code shall result in the

forfeiture of the Seminar Fee and privileges of the Program in its entirety.

In the event of a violation of the dress code, we will not be

responsible for recovery of any of the participants’ travel or related

expenses.

Article 9 – PAYMENTS, FEES, AND COMMISION SPLITS:

As noted above, the total Fees for the Program are as follows: $699

(six hundred ninety-nine US dollars). 

The discounted fee of $499 is honored when the participant registers

within the TBD opening time period immediately following the Program

announcement.

The Plus-One Companion fee is subject to discounted pricing. If

purchased within the TBD opening timing period, the fee is equal to (1/2) *

discounted ticket cost.

The entirety of the Fees are due and payable upon your

registration in the Program. No payment plans or installment plans are

available.

Discounted or increased pricing may be available at our own

discretion. If price change occurs, the new purchase price will be reflected on

your invoice. Same terms apply to the

discounted price as do the original.

In lieu of full Program Fee, participant agrees to a commission

split with Excel Advisors LLC. A full schedule of commission splits, by

product, to be determined by individual carriers and IMOs.

Article 10 - ACCEPTABLE USE:

You agree not to use the Program or the Website for any unlawful

purpose or any purpose prohibited under this clause. You agree not to use the Program

or the Website in any way that could damage the Program, Website, Services, or

general business of the Program Provider.

a) You further agree not to use the Program or the Website:

I) To harass, abuse, or threaten others or otherwise violate any

person's legal rights;

II) To violate any intellectual property rights of the Program

Provider or any third party;

III) To upload or otherwise disseminate any computer viruses or

other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or

pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence,

hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

Article 11 - NO LIABILITY:

The Program and Website are provided for informational purposes

only. You acknowledge and agree that any information posted in the Program, in

the Materials, or on the Website is not intended to be legal advice, medical

advice, or financial advice, and no fiduciary relationship has been created

between you and us. You further agree that your participation in the Program is

at your own risk. We do not assume responsibility or liability for any advice

or other information given in the Program, in the Materials, or on the Website.

Article 12 - REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble

any code, software, or Proprietary Content from or on the Program or Website;

b) Violate the security of the Program or Website through any

unauthorized access, circumvention of encryption or other security tools, data

mining or interference to any host, user or network.

Article 13 - DATA LOSS:

We do not assume or accept responsibility for the security of your

account or content. You agree that your participation in the Program or use of

the Website is at your own risk.

Article 14 - INDEMNIFICATION:

You agree to defend and indemnify the Program Provider and any of

our affiliates (if applicable) and hold us harmless against any and all legal

claims and demands, including reasonable attorney's fees, which may arise from

or relate to your participation in the Program, your use or misuse of the Program

Materials and Website, your breach of this Agreement, or your conduct or

actions. You agree that we shall be able to select our own legal counsel and

may participate in our own defense, if we wish.

Article 15 - SPAM POLICY:

You are strictly prohibited from using Program for illegal spam

activities, including gathering email addresses and personal information from

others or sending any mass commercial emails.

Any member attempting to use the Program of purposes other than for

its intended purpose will be terminated from the group.

Article 16 - MODIFICATION & VARIATION:

We may, from time to time and at any time without notice to you,

modify this Agreement. You agree that we have the right to modify this

Agreement or revise anything contained herein. You further agree that all

modifications to this Agreement are in full force and effect immediately upon

posting on the Website and that modifications or variations will replace any

prior version of this Agreement, unless prior versions are specifically

referred to or incorporated into the latest modification or variation of this

Agreement.

To the extent any part or sub-part of this Agreement is held

ineffective or invalid by any court of law, you agree that the prior, effective

version of this Agreement shall be considered enforceable and valid to the

fullest extent.

Article 17 - ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the

Parties with respect to the Program. This Agreement supersedes and replaces all

prior or contemporaneous agreements or understandings, written or oral.

Article 18 - SERVICE INTERRUPTIONS:

We may need to interrupt your access to the Program to perform

maintenance or emergency services on a scheduled or unscheduled basis. You

agree that your access to the Program and/or Website may be affected by

unanticipated or unscheduled downtime, for any reason, but that we shall have

no liability for any damage or loss caused as a result of such downtime.

Article 19 - TERM, TERMINATION & SUSPENSION:

We may terminate this Agreement with you at any time for any

reason, with or without cause. We specifically reserve the right to terminate

this Agreement if you violate any of the terms outlined herein, including, but

not limited to, violating the intellectual property rights of us or a third

party, failing to comply with applicable laws or other legal obligations,

and/or publishing or distributing illegal material. You may also terminate this

Agreement at any time by contacting us and requesting termination. At the

termination of this Agreement, any provisions that would be expected to survive

termination by their nature shall remain in full force and effect.

Please be advised that terminating this Agreement does not entitle

you to a refund on any monies spent with us.

Article 20 - NO WARRANTIES:

You agree that your participation in the Program and your use of

the Website is at your sole and exclusive risk and that any Services provided

by us are on an "As Is" basis. We hereby expressly disclaim any and

all express or implied warranties of any kind, including, but not limited to

the implied warranty of fitness for a particular purpose and the implied

warranty of merchantability. We make no warranties that the Program or Website

will meet your needs or that the Program or Website will be uninterrupted,

error-free, or secure. We also make no warranties as to the reliability or

accuracy of any information in the Program or on the Website. You agree that

any damage that may occur to you, through your computer system, or as a result

of loss of your data from your participation in the Program or your use of the

Website is your sole responsibility and that we are not liable for any such

damage or loss.

Article 21 - LIMITATION ON LIABILITY:

We are not liable for any damages that may occur to you as a

result of your participation in the Program or your use of the Website, to the

fullest extent permitted by law, as noted above. The maximum liability of Program

Provider arising from or relating to this Agreement is limited to the greater

of one hundred ($100) US Dollars or the amount you paid to us in the last six

(6) months. This section applies to any and all claims by you, including, but

not limited to, lost profits or revenues, consequential or punitive damages,

negligence, strict liability, fraud, or torts of any kind.

Article 22 - GENERAL PROVISIONS:

A) LANGUAGE: All communications made or notices given pursuant to

this Agreement shall be in the English language.

B) JURISDICTION, VENUE & CHOICE OF LAW: Through your

participation in the Program and your use of the Website, you agree that the

laws of South Carolina shall govern any matter or dispute relating to or

arising out of this Agreement, as well as any dispute of any kind that may

arise between you and us, with the exception of its conflict of law provisions.

In case any litigation specifically permitted under this Agreement is

initiated, the Parties agree to submit to the personal jurisdiction of the

state and federal courts of the following county: Berkeley, South Carolina. The

Parties agree that this choice of law, venue, and jurisdiction provision is not

permissive, but rather mandatory in nature. You hereby waive the right to any

objection of venue, including assertion of the doctrine of forum non conveniens

or similar doctrine.

C) ARBITRATION: In case of a dispute between the Parties relating

to or arising out of this Agreement, the Parties shall first attempt to resolve

the dispute personally and in good faith. If these personal resolution attempts

fail, the Parties shall then submit the dispute to binding arbitration. The

arbitration shall be conducted in the following county: Berkeley. The

arbitration shall be conducted by a single arbitrator, and such arbitrator

shall have no authority to add Parties, vary the provisions of this Agreement,

award punitive damages, or certify a class. The arbitrator shall be bound by

applicable and governing Federal law as well as the law of the following state:

South Carolina. Each Party shall pay their own costs and fees. Claims

necessitating arbitration under this section include, but are not limited to:

contract claims, tort claims, claims based on Federal and state law, and claims

based on local laws, ordinances, statutes or regulations. Intellectual property

claims by us will not be subject to arbitration and may, as an exception to

this sub-part, be litigated. The Parties, in agreement with this sub-part of

this Agreement, waive any rights they may have to a jury trial in regard to

arbitral claims.

D) ASSIGNMENT: This Agreement, or the rights granted hereunder,

may not be assigned, sold, leased or otherwise transferred in whole or part by

you. Should this Agreement, or the rights granted hereunder, by assigned, sold,

leased or otherwise transferred by Program Provider, the rights and liabilities

of Program Provider will bind and inure to any assignees, administrators,

successors, and executors.

E) SEVERABILITY: If any part or sub-part of this Agreement is held

invalid or unenforceable by a court of law or competent arbitrator, the

remaining parts and sub-parts will be enforced to the maximum extent possible.

In such condition, the remainder of this Agreement shall continue in full

force.

F) NO WAIVER: In the event that we fail to enforce any provision

of this Agreement, this shall not constitute a waiver of any future enforcement

of that provision or of any other provision. Waiver of any part or sub-part of

this Agreement will not constitute a waiver of any other part or sub-part.

G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts

under this Agreement are for convenience and organization, only. Headings shall

not affect the meaning of any provisions of this Agreement.

H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency,

partnership, or joint venture has been created between the Parties as a result

of this Agreement. No Party has any authority to bind the other to third

parties.

I) FORCE MAJEURE: We are not liable for any failure to perform due

to causes beyond our reasonable control including, but not limited to, acts of

God, acts of civil authorities, acts of military authorities, riots, embargoes,

acts of nature and natural disasters, and other acts which may be due to

unforeseen circumstances.

J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications

are permitted to both Parties under this Agreement, including e-mail or fax.

For any questions or concerns, please email us at the following address: admin@go-excel.com.