GrowthWheel License Terms
Below you will find our license terms. For questions about these or any GrowthWheel terms or policies, email us at firstname.lastname@example.org.
Last updated: October 12, 2016
1. The GrowthWheel® License System
1.1. The GrowthWheel® is a simple, visual and practical methodology for advisors to assist start-ups make decisions and take action within all areas of the business (the “Concept”).
1.2. The GrowthWheel® has been developed by Startup Company, who provides the opportunity for business advisors to obtain an individual license to use the Concept with the client companies they are working for (as defined below).
1.3. A license for the Concept includes: non-exclusive rights to use the Concept as described below and to use the copyright protected materials and the trademarks listed here (the “GrowthWheel® Materials”):
a. The copyright protected materials in the GrowthWheel® Concept includes the following:
b. “GrowthWheel® Worksheets”, a binder with 80+ printed 11”x17” GrowthWheel Worksheets for decision making and action planning.
c. “GrowthWheel® Frameworks” - a publication with 25+ visual frameworks relating to the 20 GrowthWheel focus areas.
d. “GrowthWheel® 360 Screening Pad” with 50 sheets.
e. “GrowthWheel® Articles” - a compilation of 30+ articles about the development areas in the GrowthWheel.
f. “GrowthWheel® Online” - an online platform with access to download all the above materials in PDF-format.
g. GrowthWheel® Graphics Library - a digital library with files to be used for the Licensee marketing and informational activities, and which can be used on the Licensee’s website.
h. Trademarks: GrowthWheel® is a registered trademark owned by Startup Company.
2. Certified and Licensed Business Advisors
2.1. Certified Business Advisors are certified through participation in a 2-day certification course, and obtain a renewable license for a defined period of time.
2.2. Only individuals employed by the Licensee or affiliated with the Licensee are eligible to be licensed. Additional employees can be added to the Agreement through participation in one of the GrowthWheel® Certification Courses that are continuously being held.
2.3. Certified and Licensed business advisors are obligated to participate in a one-hour annual re-certification online webinar to obtain online access to updated materials. (The “Re-certification”). There is no additional cost associated with the recertification.
2.4. Certified Business Advisors are mentioned along with the Licensee on the GrowthWheel® website, unless otherwise agreed.
2.5. The License held by one Certified Business Advisor cannot be transferred to other business advisors who are not certified.
3. Client Companies
3.1. The certified and licensed business advisors can use the Concept for individuals and companies who are fulfilling the following criteria (the “Client Companies”):
a. Individuals and companies that are a clients of the Licensee and which the Certified Business Advisor is personally counseling.
b. Individuals and companies that are associated to organizations in the territory with whom the Certified Business Advisor conducts one-to-one counseling or group-training events.
c. Students that are associated with a Certified Business Advisor’s programs, which the advisor is personally counseling or training.
4. Rights for using the Concept, the trademarks and the copyrighted materials
4.1. Right #1: Free distribution. All GrowthWheel® Materials can be copied and distributed in print and digitally to Client Companies.
4.2. Right #2: Fee collection. The Licensee are allowed to re-coup the investment in the License by charging a fee to the Client Companies to use the GrowthWheel® Materials, provided that Startup Company is informed about the pricing.
4.3. Right #3: Use in marketing. The Licensee are allowed to use references to the GrowthWheel® and use the GrowthWheel® graphic materials in the branding and marketing of the Licensees offerings.
4.4. Right #4: Co-branding. The Licensee can for an add-on price have special versions of all GrowthWheel® Materials produced with the name or logo of the Licensee or any sponsor chosen by the Licensee.
5. Limitations in the Rights for the Concept
5.1. The Concept is to be used only by business advisors who have been certified and licensed, and not by other staff working for the Licensee.
5.2. The Concept can only be used with and distributed for Companies in the Territory.
5.3. The GrowthWheel® Materials cannot be made publicly accessible though the Licensee website, or other online platforms.
5.4. The Licensee is not allowed to change or alter GrowthWheel® Materials, unless otherwise agreed in writing.
6. Updates and future co-creation of the Concept
6.1. Startup Company invites its international community of Certified and Licensed Business Advisors to take part in the cocreation of the Concept by submitting proposals for changes and improvements for review by a Product Advisory Board set up by Startup Company.
6.2. Based on the input received from the user community, Startup Company will release a minimum of four annual updates of the Concept.
6.3. Startup Company maintains all rights, including immaterial rights, to suggestions received by the users, which are incorporated in the Concept.
7. Term and termination of the Agreement
7.1. The Agreement will commence on the date of the certification course and shall continue for a period of 2 [two] years (the “Minimum Term”) or until terminated hereafter.
7.2. The Agreement can be terminated with 6 months notice from the end of a quarter (the “Notice Period”).
7.3. The License for an individual business advisor who is no longer employed by the organization can be transferred to a new employee upon their certification.
7.4. At the end of the Notice Period, Startup Company has the right to request the Licensee to return all printed versions of the Material to Startup Company, delete all versions of the Material on the Licensees computer systems, and remove all references to The GrowthWheel® on the Licensees website.
7.5. At the end of the Notice Period Startup Company will remove the access to the GrowthWheel Online Platform.
8. License Fees, Invoicing Terms, and Payment Terms
8.1. The License Fees are stated in your organizations license agreement..
8.2. Invoicing Terms: Certification course is invoiced at sign-up. License Fee is invoiced upon completion of certification for the first following months within the quarter, and quarterly upfront hereafter.
8.3. Payment Terms: Payment conditions are 14 days net, hereafter interest is charged amounting to 2% per month. If License Fees are paid upfront for the entire license period a cash discount can be offered.
8.4. Price Regulation: Prices are fixed for the duration of this contract. After the contract period, all prices are renegotiated every year, yet are increased at a minimum by 5% per year.
9. Violation and Disagreements
9.1. In the event of a party’s substantial violations of the Agreement, the other party is entitled to immediately annul the Agreement.
9.2. Any disagreement in regards to the Agreement or between the parties will be determined by the court of law in New York State.