1) SELF-EMPLOYED STATUS – NOT EMPLOYEE OR FRANCHISEE:    I acknowledge that at no time will I be an employee of Disciple's Cross™, and I will NOT be considered a “franchisee” in either name or function.  I am self-employed and responsible for my own sales and marketing, business decisions, financial indebtedness, volume of production, any applicable income taxes, insurances, and liability for my products and actions. This Agreement entered into between myself and Disciple’s Cross^TM does not create any partnership, joint venture or agency between the Parties and nothing in this Agreement shall be construed as creating any such relationship. Disciple’s Cross LLC will not pay me or issue me any 1099’s.

PLAIN EXPLANATION: This is not a job or a franchise. Disciple’s Cross^TM is not your boss. We want to provide you with supplies and support, but you are totally responsible for your own success, taxes, and legal responsibilities.

2) COPYRIGHTED JEWELRY DESIGN: I acknowledge that the Disciple’s Cross^TM jewelry design is owned by John G. Raymond (Herein a.k.a. Disciple’s Cross^TM) and is protected by the U.S. Federal Copyright Office and Intellectual Property Laws. My only permission to assemble, manufacture, sell or otherwise benefit financially from this copyrighted jewelry design or any variation of the original falls within the stipulations and restrictions of this Producer’s Agreement.

PLAIN EXPLANATION: Disciple’s Cross^TM owns this jewelry design and has a legal copyright on it or any variation of it. The U.S. Federal Copyright Law states that Disciple’s Cross^TM can prohibit anyone from using our design “or any variation of the original” so anything resembling our cross design including alterations in size, color or enhancements is prohibited outside of the most current revision of this Agreement.

FOR EXAMPLE: The following alterations DO NOT in any way nullify or dilute the copyright protection held by Disciple’s Cross^TM – Changing the size or brand of the nail; changing the gauge or color of the wire; hanging a charm on the cross; twisting two colors of wire together; making a zipper pull or a key ring with it. So the bottom line is that you cannot make changes and steal the idea – just like you can’t change half of the words to a song and sell it as your own.

FBI WEBSITE: https://www.fbi.gov/investigate/white-collar-crime/piracy-ip-theft

3) COPYRIGHTED INSTRUCTIONS, PROCEDURES, AND METHODS: I acknowledge that any and all instructions, procedures, and methods to assemble the Disciple’s Cross^TM are considered trade secrets and as such are proprietary to Disciple’s Cross^TM and are protected by all applicable Intellectual Property Laws and Non-Compete laws.  These instructions, procedures, and methods are proprietary regardless of format including audio or video instruction, written instructions or even verbal instructions.  I DO NOT have the right or permission to instruct others how to assemble this jewelry design, nor may I sell, loan, or transfer instructions, procedures or methods pertaining to the assembly or manufacturing of the Disciple’s Cross^TM jewelry design.

PLAIN EXPLANATION: You are not allowed to teach others how to make this design or copy or share our instructions in any way. This design may not seem difficult but it is still protected by a federal copyright. Showing your friends how to do it is stealing Intellectual Property.  Every producer needs to purchase their own Disciple’s Cross^TM Starter Kit and become a Certified Producer.

FBI WEBSITE: https://www.fbi.gov/investigate/white-collar-crime/piracy-ip-theft

4) TRADEMARK PROTECTION:  I acknowledge that the Disciple’s Cross^TM name is trademarked and I understand I DO NOT have permission to rename this jewelry design or to sell it under a different name other than the Disciple’s Cross^TM. I am required to attach an official Disciple’s Cross^TM item tag to every Disciple’s Cross^TM that I sell, whether in stores, craft fairs, or other venues.

PLAIN EXPLANATION: This is called the Disciple’s Cross^TM and you cannot call it anything else (i.e. Adam’s Cross, Eve’s Cross, Angel Cross, Soldier’s Cross, Freedom Cross, etc.)  For example, the author of a book gets to name their book. A bookstore manager cannot rename a book and then sell it as their own because the book is copyrighted just like the Disciple’s Cross^TM.

5) MODIFICATION AND REVISIONS OF AGREEENT:  I accept that Disciple’s Cross^TM, at its sole discretion, shall from time to time make revisions to this Producer’s Agreement as needed to protect its Intellectual Property and business interests. I will be responsible for inquiring about and abiding by the terms of the most recent Producer’s Agreement whether or not Disciple’s Cross^TM informs me directly of any revisions. No verbal exceptions from any Disciple’s Cross^TM office staff will be legally binding. Any failure by Disciple’s Cross^TM to inform me of any such revisions shall in no way void this Agreement or exempt me from abiding by those revisions.  My decision to continue making the Disciple’s Cross™ shall constitute automatic acceptance on my part of the most recent revisions to this Agreement. If I consider such revisions to be unacceptable, my only recourse is to cease and desist any and all Disciple’s Cross™ related activity including, but not limited to making the Disciple’s Cross™ jewelry design or any variation thereof or conducting business of any kind relating to Disciple’s Cross™.

PLAIN EXPLANATION: If we change something you need to follow the new rules. If you don’t want to follow the new rules you have to stop making the Disciple’s Cross^TM. 

6) ACCEPTANCE AND TERMINATION OF AGREEMENT:  I acknowledge that if I violate any terms of this agreement or if it is terminated by either John G. Raymond, his appointed heirs, Disciple’s Cross^TM LLC, the current owner of the copyright for the Disciple’s Cross^TM jewelry design if other than John G. Raymond, or by myself (the undersigned “Producer”), I shall immediately lose any rights or privileges to use the Disciple’s Cross^TM name, logo or to produce or assemble the Disciple’s Cross^TM jewelry design or any variation of the original.

PLAIN EXPLANATION: If we ever part ways for any reason, you have to stop making the Disciple’s Cross^TM or anything that looks similar. Just because you may remember how to make them doesn’t mean it’s legal. As long as you want to make the Disciple’s Cross^TM, you have to obey our rules and be in good standing as a Certified Producer.

7) NON-COMPETE FOR COMPLETED CROSSES:  I acknowledge that as long as I am a Certified Disciple’s Cross^TM Producer in good standing and in full compliance with the most recent revision of this Agreement, I have the permission of Disciple’s Cross^TM to sell my crosses in stores and other venues. I am not allowed to attempt to compete with or undercut another Certified Disciple’s Cross^TM Producer in such a way that would replace their existing account(s).

PLAIN EXPLANATION: You can sell your Disciple’s Crosses^TM to whomever you wish as long as you don’t try to undercut the Disciple’s Cross^TM company directly or another Disciple’s Cross^TM Certified Producer who already has an existing account with that venue. We all need to work together to protect the marketplace and deal ethically in a Christian fashion.  If you see Disciple’s Crosses^TM offered at a venue, do not compete for that account.  Doing so will be considered a violation of your Producer’s Agreement.

I acknowledge that all materials, supplies and accessories used to make the Disciple’s Cross^TM must be purchased directly from Disciple’s Cross^TM and that all Disciple’s Crosses^TM must display the official Disciple’s Cross^TM item tag. The use of materials not purchased directly from Disciple’s Cross^TM is strictly prohibited and I agree not to purchase materials from any other vendor or Disciple’s Cross^TM producer. 

PLAIN EXPLANATION: You have to buy your supplies from the Disciple’s Cross^TM website. Since we buy our supplies in bulk, we can offer competitive prices. Also, you can think of the very small profit we make on supplies as a reasonable royalty for allowing you to use our copyrighted design – just like songwriters earn a royalty from their copyrighted songs or authors earn a royalty on their copyrighted books that are sold.

9) NON-COMPETE FOR MATERIALS AND SUPPLIES:  I agree not to sell or re-sell the various materials used in the assembly of the Disciple’s Cross^TM such as nails, wire, cord, tags, etc. to anyone including, but not limited to other Certified Disciple’s Cross^TM Producers.  I agree not to sell Starter Kits, supplies or any instructional material for use in making the Disciple’s Cross^TM jewelry design.

PLAIN EXPLANATION: You cannot sell supplies to other people who are involved directly or indirectly in making our copyrighted cross design.  All Disciple’s Cross^TM Certified Producers must purchase their materials from Disciple’s Cross^TM or they are breaking the law, so you are not allowed to sell them these specific supplies.

10) RELEASE OF LIABILITY:  I agree that neither John G. Raymond, Disciple’s Cross™ nor any of its owners or employees will be responsible in any way for any misconduct or misrepresentation by me.  I also agree to hold harmless John G. Raymond, Disciple's Cross™, owners, material vendors, and Certified Producers, against any loss, claim, bill, lien, statement, fee or damage from anything related to the Disciple's Cross™ jewelry design or materials used therein.

 

PLAIN EXPLANATION: If you do something wrong and get sued, we won’t bail you out or get involved legally. If somebody gets hurt by one of the crosses you make or if you owe anybody money, we are not responsible and won’t pay them anything.

11) SEVERABILITY:  I acknowledge that if any clause or part of these clauses are individually disallowed by current statues or otherwise deemed invalid at the time of execution or challenge, the remaining clauses and otherwise allowable sections of clauses shall be considered separate and distinct from any other clause, and the sections of any specific clause and other clauses shall remain completely valid and enforceable.

PLAIN EXPLANATION: If something in this Agreement is stated in a way that is not fully enforceable, the rest of the clause and Agreement is still enforceable.

12) RETURN OF THE STARTER KIT:  I understand that I have a Full 30-Day Money-Back Guarantee of the cost of my Starter Kit, not including shipping and handling. I acknowledge that if I return the Disciple’s Cross^TM Starter Kit for any reason, it will constitute a voluntary termination of this Agreement and I will no longer be a Certified Disciple’s Cross^TM Producer and thus forfeit any and all privileges including using the Disciple’s Cross^TM name, logo or copyrighted jewelry design or any variation of the original for any purpose.

PLAIN EXPLANATION: If you choose to return the Starter Kit after learning how to make the Disciple’s Cross^TM you are not allowed to use that knowledge to continue making them or any variation of them. Only Certified Disciple’s Cross^TM Producers in good standing with the most current Producer’s Agreement can make them or it is a Federal Crime.

REPORT VIOLATIONS: Please immediately report anyone you find violating this Agreement so we can alert the FBI Intellectual Property Crimes Division and protect Disciple’s Cross^TM for all Certified Producers. Disciple’s Cross^TM will reimburse you for any samples you purchase and send to us as legal evidence of a violation along with the contact of the store and any information or pictures of the person infringing on our copyright.  Please also send a written statement of the circumstances so that Disciple’s Cross^TM can pursue legal action and inform the FBI for the purpose of conducting a federal investigation.

EPHESIANS 4:28, “Let him who stole steal no longer, but rather let him labor, working with his hands what is good, that he may have something to give him who has need.”

13) SCOPE OF AGREEMENT:  I acknowledge that this Agreement is governed by the laws of the United States and the State of Louisiana. Any action to either challenge or enforce this Agreement must be brought in the federal or state courts located in Louisiana and I irrevocably consent to the jurisdiction of such courts and agree to pay any and all legal fees, attorneys fees and court costs for both parties, namely, myself and Disciple’s Cross LLC or it’s counsel or representatives or owners. Any failure of Disciple’s Cross LLC or it’s agents or representatives to enforce strict adherence to any provision of this Agreement will not constitute negligence on the part of Disciple’s Cross nor waive their right to subsequently enforce such provision or any other provision of this Agreement by due process in the future.

PLAIN EXPLANATION: If you violate this Agreement whether in Louisiana or in another state, and we have to take you to court, you are going to have to come to Louisiana to defend yourself and you will have to pay for our legal bills. If you sue us for some reason, you will have to do it in Louisiana and you will have to pay for our legal bills as well as your own.

14) ADVERTISING GUIDELINES:  If I advertise this product in any way, I agree to have the trademarked name Disciple's Cross™ printed on any and all business cards, sales literature or advertisement I may choose to use including, but not limited to, printed material or websites on the internet.  I am responsible for my own advertising and printing costs.  I cannot hold myself out to be a “representative” of Disciple's Cross™.    I may only advertise myself as being a “Disciple's Cross™ Certified Producer.”

PLAIN EXPLANATION: Only Certified Disciple's Cross™ Certified Producers may advertise the Disciple's Cross™ unless you represent a retail outlet. Certified Producers must always include the “Disciple's Cross™” name in your advertising. Do not pretend you are an employee or representative of Disciple's Cross™. You are a self-employed and have to pay for your own advertising.  

15) ACCEPTANCE OF AGREEMENT:  I have read and understand these terms and conditions and I accept this agreement as a new Disciple's Cross™ Certified Producer and recognize that I am legally bound by the terms herein.  By purchasing the Starter Kit, I have agreed to these terms and conditions regardless of whether or not I affix my signature below, or choose to return the Starter Kit, or to continue as a Certified Producer with Disciple's Cross™.

PLAIN EXPLANATION: Your signature was already binding when you purchased this Federally Copyrighted Intellectual Property.  You are not allowed to learn our trade secrets and violate our copyright. That’s just wrong in so many ways.

16) AGE OF MAJORITY:  I acknowledge that I am of legal age to enter into a legally binding contract. If I am still a minor, my legal guardian has read and understands these terms and conditions and accepts this agreement on my behalf.

PLAIN EXPLANATION: If you are under the age of eighteen, you have to get an adult who is legally responsible for you to agree to these terms and conditions for you.