AMERICAN MAJORITY PROJECT MEMBERSHIP AGREEMENT AND TERMS OF SERVICE

Gingrich Productions, doing business as The American Majority Project is a membership organization committed to developing and sharing winning language on issues that large majorities of Americans agree on.  The American Majority Project offers Members systems, education, and content tool kits at no charge for the American public and media to use and customize. American Majority Project members seek to participate in the American Majority Project’s efforts to develop and share winning language, toolkits, education, and content on issues that unite large majorities of Americans by becoming a Member at one of the tiers outlined below. The American Majority Project also seeks to provide Members with benefits, including briefings on American Majority Project public opinion research and other benefits while providing members with access to the American Majority Project’s cutting edge information including content, training, and virtual educational seminars, as hereinafter described on the terms and conditions more fully set forth below.

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth in this agreement (“Agreement”), the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

  1. MEMBERSHIP PURCHASE
      1. Individuals shall pay to the American Majority Project the nonrefundable Membership fee indicated on the invoice relevant to the membership level being purchased.
          b. Membership level fees and benefits are defined as follows:

    SUPPORTING MEMBER. $5,000 - $24,999

    - Thank you letter from Newt Gingrich

    - Personal emails when new American Majority Content and research is available

    - Selection of two autographed books from the Gingrich store.

    - Annual membership in Newt’s Inner Circle

    - Subscription to the Gingrich 360 newsletter (3 times a week)

    PATRIOT MEMBER. $25,000 TO $99,999

    - Everything in Supporting Member Level

    - Autographed copy of Newt’s book, "Beyond Biden."

    FOUNDERS CIRCLE. $100,000 – $999,999 (Cumulative)

    - Everything in Patriot Member Level

    - Monthly Founder Level Zoom Meetings with Newt and team to share results, strategies and Ideas

    PARTNER LEVEL $1,000,000 and Above (Cumulative)

    - Everything in the Founders Level

    - Private calls with Speaker Gingrich

  2. American Majority Intellectual Property.

“The American Majority Project”, Gingrich 360 and other trademarks, service marks, logos and trade names are the property of Gingrich Productions, Inc. all rights reserved, and are protected by law in the United States and internationally.  All third-party trademarks or service marks appearing on the Website are the property of their respective owners.

  1. SCOPE AND STANDARDS OF SERVICES
    1. It is acknowledged and agreed by the Individual that the American Majority Project is not rendering legal advice or performing accounting services, nor acting as an investment advisor or broker-dealer within the meaning of applicable state and federal securities laws. The Individual acknowledges that the American Majority Project, as a matter of policy, does not, and will not, endorse any companies as investments.
    2. It is further acknowledged and agreed by the Individual that the American Majority Project does not provide lobbying services of any kind or directly or indirectly participate in lobbying activities of any kind.
    3. It is further acknowledged that Member will abide by the Membership Agreement terms outlined in Exhibit A.
  2. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
    1. The Individual agrees that its access to and use of American Majority Project Data is on an "as-is", "as available" basis and the American Majority Project specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose.  The American Majority Project shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.
    2. The American Majority Project, its shareholders, directors, officers, employees and licensors ("The American Majority Project Parties") will not be liable (jointly or severally) to the Individual or any other person as a result of the Individual’s access or use of American Majority Project Data for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "Excluded Damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the American Majority Project parties have been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose or a limited remedy.  If any applicable authority holds any portion of this section to be unenforceable, then the American Majority Project Parties' liability will be limited to the fullest possible extent permitted by applicable law.
  3. APPLICABLE LAW. Agreement and the performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the laws of the Commonwealth of Virginia and that in any action, special proceeding or other proceeding that may be brought arising out of, in connection with or by reason of this Agreement, the laws of the Commonwealth of Virginia shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction on which any action or special proceeding may be instituted.
  4. SEVERABILITY. All agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid by any competent court, the Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein.
  5. ENTIRE AGREEMENT. This Agreement constitutes and embodies the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes and replaces all prior understanding, agreements, and negotiations between the parties with respect to the subject matter hereof.  No representations by any person shall have any force or effect, regardless of when made, except as specifically included in this written agreement or a subsequent written agreement executed by all parties.
  6. WAIVER. The failure to insist on strict compliance with any of the terms, provisions or conditions of this Agreement or the failure to exercise any right or privilege shall not operate or be construed as a waiver thereof, or of any subsequent breach thereof or a waiver of any other terms, provisions, conditions, privileges, or rights.
  7. CHANGES AND MODIFICATIONS.  No change or modification of this Agreement shall be effective for any purpose except when made by written agreement signed by both parties.
  8. MEDIATION/ARBITRATION.
    1. In the event of any dispute (as defined herein below) arising out of or relating to this Agreement, or the breach thereof, the parties agree that, before having recourse to arbitration, they will participate in at least four hours of mediation in accordance with the commercial mediation rules of the American Arbitration Association.  If the mediation procedure provided for herein does not resolve any such dispute, the parties agree that all disputes between the parties should then be submitted to arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules and pursuant to the Federal Arbitration Act, 9 U.S.C. Section 1 et seq.
    2. The term “dispute” shall mean any action, dispute, claim or controversy of any kind, whether in contract or in tort, under either statutory or common law or both, now existing or hereafter arising between the parties in any way pertaining to (i) this Agreement or any related agreement, document or instrument; and (ii) any incidents, omissions, acts, practices or occurrences arising out of any service or product furnished or agreed to be furnished under this Agreement causing property damage to either party and is asserted that the other party or its agents, employees or representatives, may be liable, in whole or in part; provided, however, that the parties may seek injunctions and similar forms of equitable relief with courts of competent jurisdiction.
  9. EXECUTION.  This Agreement will be executed upon receipt of membership payment by Gingrich Productions, Inc.

EXHIBIT A MEMBERSHIP AGREEMENT FOR THE AMERICAN MAJORITY PROJECT

This Membership Agreement outlines the membership policies of the American Majority Project

  1. Changes to Membership Agreement. We may change the terms of this Agreement at any time by notifying you of the change either electronically or in writing. Your use of americanmajorityproject.com after changes are made to this Agreement means that you agree to be bound by such changes.
  2. Privacy. Registration data and other information about you is subject to our Privacy Policy located at (http://americanmajorityproject.com).
  3. Fees and Payments. You agree to pay the Membership Fees (including any applicable taxes) at the rates in effect when the charges were incurred. Membership Fees will be billed at the beginning of your membership or any renewal. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
  4. Renewal. Your membership will renew automatically, unless we terminate it or you notify us by email of your decision to terminate your membership. You must cancel your membership before it renews in order to avoid billing of Membership Fees for the renewal term.
  5. Limitations on Use of Members Only Data.

a. The Members Only data available through americanmajorityproject.com is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the private content available through americanmajorityproject.com solely for your personal, non-commercial use.

b. You agree not to sell, publish, distribute, retransmit or otherwise provide access to the Members Only Data received through americanmajorityproject.com to anyone, including your fellow employees, except that you may occasionally distribute a copy of an article or a portion of an article from americanmajorityproject.com in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in americanmajorityproject.com, original source attribution, and the phrase "Used with permission from The American Majority Project.”  Please contact The American Majority Project if you need to distribute an article from americanmajorityproject.com to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.

c. You agree not to create abstracts from, scrape or display headlines from our private content for use on another web site or service. You agree not to post any content from americanmajorityproject.com to newsgroups, mail lists or electronic bulletin boards, without our written consent.  To request consent for this and other matters, please contact The American Majority Project Customer Service.

d. You agree not to use American Majority Project materials for any unlawful purpose. We reserve the right to terminate or restrict your access to americanmajorityproject.com if, in our opinion, your use of americanmajorityproject.com may violate any laws, infringe upon another person's rights, or violate the terms of this Agreement. Also, we may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

  1. Third Party Web Sites, Services and Software.  We may link to, or promote, web sites or services from other companies on americanmajorityproject.com or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services, and software.
  2. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO AND USE OF americanmajorityproject.com AND THE CONTENT AVAILABLE THROUGH americanmajorityproject.com IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The American Majority Project shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.
  3. THE AMERICAN MAJORITY PROJECT, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE AMERICAN MAJORITY PROJECT PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF americanmajorityproject.com FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE AMERICAN MAJORITY PROJECT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OR A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE AMERICAN MAJORITY PROJECT PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
  4. General. This Agreement contains the final and entire agreement between us regarding your use of americanmajorityproject.com and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of americanmajorityproject.com. We may discontinue or change americanmajorityproject.com, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Georgia, United States of America applicable to contracts made entirely within Georgia and wholly performed in Georgia, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Georgia. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
  5. Intellectual Property.  “The American Majority Project and other trademarks, service marks, logos and trade names are the property of The American Majority Project, all rights reserved, and are protected by law in the United States and internationally.  All third-party trademarks or service marks appearing on americanmajorityproject.com are the property of their respective owners.