Congrats! and thank you for choosing to work with us.
Terms and conditions of your enrollment in the Kinetic Magic Partner Program:
This is a legal agreement between you the enrollee and Ruddick Productions LLC a registered corporation in the state of California d/b/a Kinetic Magic hereinafter referred to as KINETIC MAGIC.
Enrollee understands that use of KINETIC MAGIC’s equipment is licensed to them and they are responsible for it’s use and safety. KINETIC MAGIC takes no responsibility for the safety of any user. Safety is the enrollee’s responsibility.
The total material replacement cost of a KM-1/ Magic Package is $5000.
Enrollee agrees to plug their KM1 into the internet once a month via Ethernet for updates and audit of all usage.
Enrollee has rights to use the “Magic Package/KM-1” equipment to service events. The equipment is still the property of KINETIC MAGIC and eventually will need to be returned in perfect working order.
Damages the equipment will result in a fee subtracted from the initial the deposit to repair or replace the damaged equipment.
Any unreported usage will be discussed between KINETIC MAGIC and the enrollee and we may charge the enrollee’s account if it is mutually determined that there is revenue to be recovered.
Because we are working together to build a premium brand we take protection of our IP very seriously. Any theft, replication, or other malicious behavior with KINETIC MAGIC’s equipment and technology is the enrollee’s responsibility to prevent.
Enrollee shall not represent KINETIC MAGIC technology, experiences as another brand. The individual experiences shall also be always referred to as they are called by KINETIC MAGIC. For sake of clarity enrollee will always call the Magic Dance Mirror, Magic Stage Mirror, and the Magic Paint Mirror as such in marketing, sales and exhibition.
Enrollee shall call themselves a partner and provider of KINETIC MAGIC publically.
Enrollee shall not attempt to tamper, open, replicate, or emulate any technology or equipment shared with them by KINETIC MAGIC.
Enrollee will not compete with Kinetic Magic in providing and developing it’s unique type of augmented reality experiences.
Enrollee understands plugging in a unauthorized hard drive, keyboard, or mouse or any other interface not requested by KINETIC MAGIC into the KM-1 is strictly prohibited, will be detected by our software and investigated. Any such occurrence under this agreement is the enrollee’s responsibility and may result in forfeiture our their deposit and further legal actions. In no case does this deposit represent a sale of equipment. The enrollee shall always expect to return all equipment at the discretion of KINETIC MAGIC. .
Enrollee is licensed to service events with KINETIC MAGIC’s reflective augmented reality and experiences. Enrollee shall retain 50% of any income from the exhibition of these turnkey experiences in exchange for properly servicing and selling the experiences.
The purchaser understands that the audio/visual necessities of showcasing the experience are their responsibility and agree to work with their clients to create the best possible experience for their space and budget.
Subscription plans cover unbranded private events. Corporate events and public facing branded events fall under the 50/50 revenue share agreement. Corporate events will be quoted by enrollee as a minimum of $5000 retail. Branded corporate events with basic customization will be quoted at minimum $10,000 retail. More extensive custom experiences will that require direct engagement of KINETIC MAGIC and a development cycle, will give the enrollee a 15% finder's fee of net profits from the development plus the first right of refusal to physically service the experience. The Magic Stage Mirror will allow for the same rates but with acknowledgement to a single stage rate per “Show Experience” that utilizes the same Magic Show Mirror build across an entire event.
Enrollee agrees report all usage of KINETIC MAGIC technology communicated via an online form link KINETIC MAGIC will provide.
KINETIC MAGIC reserves the right to cancel this agreement and have all equipment and technology owned by them returned in 14 days at no shipping or service cost to them. In this event all refunds will be determined by the working order equipment and the enrollee’s adherence to the terms of this agreement.
These terms may be updated or modified by KINETIC MAGIC in the future with reasonable notice to the enrollee.
The enrollee agrees with the terms of the following Non-Disclosure Agreement.
During the course of providing services for KINETIC MAGIC and its partners and clients, you will have access to technology, code, intellectual property, marketing, financial, operational, and other information, materials, strategies and plans relating to KINETIC MAGIC and its clients and partners (including former clients and partners and prospective clients and partners) that is non-public, confidential or proprietary in nature (collectively, "Confidential Information"). To be clear, Confidential Information shall also specifically include any materials prepared by KINETIC MAGIC, unless and until such materials are publically released with KINETIC MAGIC's or its client's and/or partner's authorization. You shall hold all Confidential Information in the strictest confidence and you shall not, at any time during or after obtaining Confidential Information, disclose the nature of the content of any Confidential Information to a third party unless the disclosure is authorized in writing by KINETIC MAGIC.
You agree that you shall not copy or use any Confidential Information, except to the extent authorized and necessary to perform services for KINETIC MAGIC. You shall only disclose Confidential Information on a need to know basis and as authorized by KINETIC MAGIC.
Upon termination of your services for any reason, or at any time upon the request of KINETIC MAGIC or any of its clients or partners, you shall promptly return all copies of Confidential Information which are in your personal possession or control, including any copies, notes or extracts prepared by you. Digital files pertaining to Confidential Information may be required to be permanently deleted from any non-KINETIC MAGIC property under your control. In the event you are required to disclose Confidential Information pursuant to a judicial or other governmental order, you shall provide KINETIC MAGIC with prompt notice prior to any disclosure so that KINETIC MAGIC or its partners and clients may seek other legal remedies to maintain the confidentiality of such Confidential Information.
You acknowledge that the restrictions set forth herein are essential to KINETIC MAGIC's business and that the unauthorized use or disclosure of Confidential Information will cause irreparable harm and significant injury to KINETIC MAGIC for which money damages will be inadequate. Accordingly, you agree that in addition to any other right and remedies KINETIC MAGIC may have, KINETIC MAGIC shall have the right to obtain an immediate injunction to enjoin any breach or threatened break of any provision of this Non-Disclosure Agreement, without having to post bond or security.