Trust Edge Leadership Institute’s Philosophy of Ethics
The only way to
lasting success of any kind is to build authentic trust
culture fosters mutually extended and earned trust; each person shapes the
culture around them through their words and actions
and making good decisions in our work builds trust in each other and with our
trusted leaders and organizations.
We hold to the following values…
Excellence of service
Integrity of actions
Love of others
Celebration of opportunity
Trustworthiness in everything
We at Trust Edge Leadership Institute pledge
to serve and equip coaches with Trust Edge resources to build a high trust
culture in their organization and/or coaching business
Honor Trust Edge Intellectual Property according to the
Represent the Trust Edge brand by striving to live up to
the 8 Pillars of Trust
Act with utmost integrity, professionalism, respect,
honesty, and trust
Commit to uncompromised integrity to uphold Trust Edge’s
reputation and trust (confidentiality and proper use of materials)
Be transparent about motives, learn from mistakes, and
ask for help when faced with a difficult situation
Build and manage your role and/or business in an ethical
manner, guarding against decisions and behaviors that may cause harm to self or
To retain a valid license, a Trust Edge Certified Coach
Trust Edge Leadership Institute’s brand and content quality with integrity and
timely and honest payment for all goods and services with Trust Edge Leadership
proper credit to Trust Edge Leadership Institute and/or David Horsager for all
verbal, printed and digital content give credit
digital content solely for individual use and not share log in access to
Coaching Portal with other individuals, teams, or organizations.
Please carefully review the entirety of the document
TRUST EDGE CERTIFIED COACH
of payment and signature of this Agreement (“Effective Date”), between Horsager Leadership Inc. dba Trust Edge
Leadership Institute (“TRUST EDGE”), a Minnesota corporation, having
principal offices at 4801 Hwy 61 N, Suite 205, White Bear Lake, MN 55110 and TRUST
EDGE CERTIFIED COACH, having principal offices
at _________________ ___________________________________________________(“Licensee”).
TRUST EDGE and Licensee are
sometimes referred herein collectively to “Parties” or singularly as a “Party.”
WHEREAS, Licensee wishes to become a TRUST
EDGE Certified Coach and obtain a license to utilize TRUST EDGE’s proprietary
materials in Licensee’s coaching services(“Curriculum”) via TRUST EDGE’s coaching web portal, and TRUST EDGE is
willing to grant the foregoing license to Licensee on the terms and conditions
set forth in this Agreement;
NOW, THEREFORE, in consideration of the above
premises and the mutual promises and covenants contained below, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, TRUST EDGE and Licensee agree as follows:
Upon the terms and conditions set forth in this Agreement, TRUST EDGE hereby
grants to Licensee, and Licensee hereby accepts, a non-exclusive limited
license to present TRUST EDGE’s Curriculum in Licensee’s coaching services to
others. TRUST EDGE
reserves all other rights in and to the Curriculum, which are not expressly
granted to Licensee in this Agreement.
TERM / RENEWAL. This Agreement shall
commence upon receipt of applicable fees as
set forth in payment submission upon application and, unless otherwise terminated as provided herein, shall
remain in effect as long as monthly or annual payment is received by TRUST
EDGE. So long as Licensee is in full compliance with this Agreement, Licensee will
continually receive access to the TRUST EDGE’s Coaching Curriculum and platform.
Prior to providing any coach services utilizing the Curriculum, Licensee shall
have completed the following:
Completed (live or virtual) TRUST
EDGE certification that is approved by TRUST EDGE and was given an approved
certificate of completion;
Been observed and approved by a
TRUST EDGE team member or Senior Trust Edge Consultant;
Received a satisfactory report
from the certification observer; and
Paid all applicable fees as set
forth in payment submission upon application.
DUTIES OF LICENSEE.
Diligently utilize the Curriculum with
Licensee’s participants; provided that, all marketing and promotional
materials, participant and/or client contracts and workshop handouts shall give
proper attribution to Trust Edge Leadership Institute.
Conduct all coaching services
utilizing the Curriculum to the best of Licensee’s ability, in a professional
and ethical manner, and consistent with TRUST EDGE’s coaching
pledge, without alteration to the Curriculum other
than segmentation for specific uses and application,
except as preapproved in writing by TRUST EDGE in each instance;
Protect the TRUST EDGE brands,
including without limitation TRUST EDGE’s trademarks, as well as the Curriculum
materials and other intellectual property provided to Licensee by TRUST EDGE
pursuant to this Agreement by using them only in the manner prescribed by TRUST
Always comply with all applicable laws
and regulations, as well as governmental rules, policies and guidelines when
utilizing the Curriculum pursuant to this Agreement.
5. OWNERSHIP AND
RESTRICTIONS. TRUST EDGE shall continue to wholly own all copyrights,
trademarks and other proprietary rights in and to the Curriculum. Further,
Licensee hereby agrees that all Licensee-generated material that incorporates
or otherwise includes the Curriculum, the TRUST EDGE brands, trademark and name,
including without limitation client case studies, are works made for hire
within the meaning of the United States Copyright Act of 1976, 17 U.S.C. § 101
et seq., as amended from time to time, and shall be owned in their entirety
exclusively by TRUST EDGE. Licensee
agrees to execute or cause to be executed by any of its employees who
participate in the creation of any such material any additional documents
proposed by TRUST EDGE to effectuate and confirm TRUST EDGE’s sole and
exclusive ownership of all copyrights, trademarks and other proprietary rights
in and to such material, and Licensee irrevocably appoints TRUST EDGE as its
attorney-in-fact to execute any and all such documents if Licensee fails to
return executed copies of such documents to TRUST EDGE within thirty (30) days
following submission. If a determination is ever made that any such material
does not qualify as a “work made for hire,” then such material and all rights
therein, including all copyrights and renewals and extensions thereof, are
hereby deemed to be and are irrevocably assigned and transferred to TRUST EDGE
Licensee warrants and covenants that Licensee will not:
Remove or modify any Curriculum or any
notice of TRUST EDGE’s proprietary rights, including without limitation logos
and copyright and trademark notices;
Assign or transfer this Agreement or
attempt to give an interest in the Curriculum to any individual or entity,
except as expressly provided in this Agreement;
Create new products or programs that
are derived from the Curriculum;
Engage in any practices that may be
detrimental to TRUST EDGE or to the Curriculum;
Use any of TRUST EDGE’s trademarks or
name in any manner likely to cause confusion therewith in any portion of
Licensee’s own products, services, trade names or trademarks;
Promote the Curriculum in any way that
implies that such is Licensee’s own proprietary products. Licensee acknowledges
and agrees that all promotional materials used in conjunction with the TRUST
EDGE Curriculum must represent the mission and values of TRUST EDGE;
Share Licensee’s log-in user
identification, password or other credentials for accessing TRUST EDGE’s coach
web portal with any third party or any of Licensee’s personnel who are not
certified or licensed by TRUST EDGE.
GOOD WILL. Licensee recognizes the great value of the
publicity and good will associated with the Curriculum and acknowledges: (a) such good will is exclusively that of TRUST
EDGE; and (b) that the Curriculum is distinctive as TRUST EDGE’s content in the
mind of consumers. Licensee further
recognizes and acknowledges that a breach by Licensee of any of its covenants,
agreements or undertakings hereunder will cause TRUST EDGE irreparable damage,
which cannot be readily remedied in damages in an action at law, and may, in
addition thereto, constitute an infringement of TRUST EDGE’s copyrights,
trademarks and/or other proprietary rights in and to the Curriculum, thereby
entitling TRUST EDGE to equitable remedies and costs, including, without
limitation, injunctive relief and reasonable attorneys’ fees.
Licensee shall pay TRUST EDGE the applicable fees as set
forth in payment submission upon application, which fees shall be
memorialized in writing and attached hereto, whereupon such attachment shall be
deemed fully incorporated herein for all purposes.
AUDIT. If TRUST EDGE has reason to believe Licensee
has violated Licensee’s duties and restrictions set forth in Sections 4, 5
and/or 6 above, TRUST EDGE may audit Licensee’s use and distribution of the Curriculum.
Upon thirty (30) days’ advance written notice from TRUST EDGE, Licensee agrees
to fully cooperate with the audit and provide TRUST EDGE with reasonable
assistance and access to pertinent information. In order that the foregoing may
be feasible, Licensee agrees to keep, maintain and preserve accurate records
and accounts covering all transactions relating to Licensee’s use of the
Curriculum and TRUST EDGE’s brand indicia. The exercise by TRUST EDGE, in whole or in part, at any time of
the right to audit records and accounts or of any other right herein granted,
shall be without prejudice to any rights or remedies of TRUST EDGE.
9. INDEPENDENT CONTRACTORS. The
Parties shall act solely as independent contractors, and nothing herein shall
at any time be construed to create the relationship of employer and employee,
partnership, principal and agent, or joint venture as between TRUST EDGE and
Licensee. Neither Party shall have any right or authority to, nor shall either
Party attempt to enter any contract, commitment or agreement, or to incur any
debt or liability of any nature, in the name, or on behalf, of the other Party.
10. CONFIDENTIALITY. During performing
the Services, the Parties will have access to certain proprietary information,
intellectual property and/or trade secrets of each other (collectively, the
“Confidential Information”). The Parties agree that the terms of this Agreement
are part of the Confidential Information. Neither Party may, either during or
after the Term of this Agreement, use, disclose or otherwise permit any person
or entity access to any of the Confidential Information of the other Party,
except as required or anticipated in the performance of their obligations hereunder.
The Parties each understand that they are not allowed to sell, license or
otherwise exploit any products or services that embody in whole or in part any
Confidential Information of the other Party, except as set forth hereunder.
11. NO GUARANTEES. While TRUST EDGE will exert
best efforts in its provision of coach certification training hereunder,
Licensee acknowledges and agrees that Licensee’s ultimate success depends upon Licensee’s
personal efforts, motivation, commitment and follow-through. TRUST EDGE cannot
predict and does not guarantee that Licensee will attain a particular result
(financial or otherwise), and Licensee acknowledges and agrees that results
differ for everyone, depending upon his or her unique background, dedication,
desire, motivation, actions and numerous other factors. Therefore, Licensee agrees
that there are no guarantees as to the specific outcome or results following Licensee’s
(a) TRUST EDGE’s Immediate Right of
Termination. TRUST EDGE shall have the right to immediately terminate this
Agreement on written notice if Licensee violates any of Section 4, 5, 6, 7 or
10 of this Agreement.
(b) Right to Terminate on Notice. TRUST EDGE may terminate this Agreement
effective on thirty (30) days’ prior written notice to Licensee under any of
the following circumstances, provided that during the thirty (30) day notice
period, Licensee fails to cure the default to the reasonable satisfaction of TRUST
(i) Licensee makes any assignment for
the benefit of creditors, files a voluntary petition in bankruptcy, is
adjudicated bankrupt or insolvent or shall have any receiver or trustee in
bankruptcy or insolvency appointed for its business or property; or
(ii) In the event that Licensee commits a
material breach of any other provision of this Agreement, which is not cured
within thirty (30) days after receipt of notice from TRUST EDGE.
OF TERMINATION. Upon termination of this Agreement, if any, Licensee shall:
Immediately cease marketing and
presentation of the Curriculum;
Immediately cease use of the TRUST EDGE’s
trademarks and name;
Immediately cease representing
himself/herself as a “Trust Edge Certified Coach
Destroy and/or delete from Licensee’s digital
and printed files all Curriculum materials; and
Promptly ship back all TRUST EDGE Curriculum and materials to TRUST EDGE’s
(a) Each Party assumes liability for, and
shall indemnify, defend, protect, save and hold the other harmless from and
against all claims, actions, suits, costs, liabilities, judgments, obligations,
losses, penalties, damages and expenses (including reasonable legal fees and
expenses) of whatsoever kind or nature arising out of any breach or alleged
breach by such Party of any of its/his warranties, representations, covenants
or obligations made pursuant to this Agreement.
(b) To seek or receive indemnification hereunder:
The Party seeking indemnification must
have promptly notified the other of any claim or litigation of which it is
aware to which the indemnification relates;
(ii) The indemnifying Party must have
afforded the other the opportunity to approve any compromise, settlement,
litigation or other resolution or disposition of such claim or litigation;
provided, that if such other Party fails reasonably to approve any such
compromise, settlement, litigation or other resolution or disposition of such
claim or litigation, such other Party shall be obligated to defend any such
claim or litigation for the benefit of the Party seeking indemnification; and
The Party seeking indemnification must
cooperate fully with the other in connection with defending such claim.
OF LIABILITY. Notwithstanding Section 14 above, Licensee
acknowledges and agrees that, except to the extent of TRUST EDGE’s gross
negligence or willful misconduct, TRUST EDGE’S LIABILITY ARISING OUT OF THIS
AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY LICENSEE TO TRUST EDGE
HEREUNDER. IN NO EVENT SHALL TRUST EDGE BE LIABLE TO LICENSEE OR ANY THIRD
PARTY FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO THE LOSS OF GOODWILL, COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF ANTICIPATED PROFITS, OR
ANY DAMAGES RESULTING FROM LOSS OF USE, OR OTHER ECONOMIC LOSS ARISING OUT OF
OR IN CONNECTION WITH TRUST EDGE’S BREACH OF, OR FAILURE TO PERFORM IN
ACCORDANCE WITH, ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING,
SERVICING, USE OR PERFORMANCE OF
ANY SERVICES PROVIDED HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, TRUST EDGE WILL
AT ALL TIMES DURING THE TERM OF THIS AGREEMENT UTILIZE ITS COMMERCIALLY
REASONABLE BEST EFFORTS TO ENSURE ACCESS TO THE TRUST EDGE WEB PORTAL. NOTWITHSTANDING THE FOREGOING, LICENSEE
HEREBY ACKNOWLEDGES AND AGREES THAT ACCESS TO THE WEB PORTAL MAY BE AFFECTED BY
LOCAL MARKET TELECOMMUNICATION NETWORK ACTIVITY, CAPACITY AND COMPATIBILITY
WITH THIRD-PARTY COMMUNICATION EQUIPMENT, INTERNET ACCESS SOFTWARE AND
BROWSERS. TRUST EDGE HEREBY DISCLAIMS AND LICENSEE HEREBY
WAIVES ANY AND ALL TRUST EDGE RESPONSIBILITY FOR ANY DEFECT OR
SERVICE INTERRUPTION IN CONNECTION WITH LOCAL MARKET TELECOMMUNICATION NETWORK
ACTIVITY, CAPACITY AND COMPATIBILITY WITH THIRD PARTY COMMUNICATION EQUIPMENT,
INTERNET ACCESS SOFTWARE AND BROWSERS.
16. NOTICES. Any notice hereunder
shall be in writing and shall be effective upon delivery personally or by
courier or five (5) business days following deposit in the U.S. mail, postage
prepaid, registered or certified, and addressed as set forth in the opening
paragraph of this Agreement.
17. ASSIGNMENT AND SUBCONTRACTING.Licensee shall not assign any right or interest
under this Agreement or delegate or subcontract any work or other obligation to
be performed or owed under this Agreement without the prior written consent of TRUST
No waiver of any term or condition of this Agreement will be construed as a
waiver of any other term or condition, nor will any waiver of any default under
this Agreement be construed as a waiver of any subsequent default.
19. SURVIVAL OF PROVISIONS. The
warranties, representations and indemnification obligations of the Parties
shall survive the termination of this Agreement.
20. SEVERABILITY. If any
provision of this Agreement, or any portion thereof, is found to be invalid or
unenforceable, such determination shall not affect the validity or enforcement
of any other provision, or any other valid sub-provisions, of this Agreement.
21. FORCE MAJEURE. Neither Party will be liable for any
failure to perform its obligations under this Agreement because of
circumstances beyond the reasonable control of the applicable Party, which such
circumstances may include natural disaster, terrorism, riot, sabotage, labor
disputes, epidemic communicable diseases, war, any acts or omissions of any
government or governmental authority.
22. GOVERNING LAW; VENUE. THIS AGREEMENT AND THE LEGAL RELATIONSHIP BETWEEN THE PARTIES HERETO
SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MINNESOTA LAW. THE
PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT, OR A BREACH HEREOF, WHICH CANNOT BE SETTLED AMICABLY
BETWEEN THE PARTIES, SHALL BE LITIGATED ONLY IN THE APPROPRIATE COURTS OF RAMSEY COUNTY, MINNESOTA.
AGREEMENT. This Agreement contains the entire understanding between the
Parties, and all prior or contemporaneous promises, representations, agreements
or understandings are expressly merged herein and superseded hereby. This
Agreement shall not be modified, altered, amended or revoked except as set
forth herein and in writing, duly executed by both Parties.
IN WITNESS, WHEREOF, TRUST EDGE and Licensee have executed this Agreement effective upon TRUST EDGE’s receipt of applicable fees as set forth in the payment submission upon application.
By checking the box on the previous page, you agree to the pledge and the terms and conditions.
How We Collect Personal Information
We collect several types of information from and about users of our Site. While you can use many features of the Site(s) anonymously, you may be required to provide Personal Information to gain access to some of our content or services. “Personal Information” may include, but is not limited to, your name, organization name, email address, mailing address, and phone number. For example, we may ask you to provide us with Personal Information that can be used to contact or identify you, including information that you provide by filling in forms on our Site. This includes information provided to use or receive information about services and offerings from Horsager Leadership, Inc. For example, when you fill out the “Register Now” form or “Contact” form,” you consent to release any Personal Information provided and/or data to us. Likewise, by submitting your Personal Information through the Site, you are consenting to receive e- mail or other applicable information from us. Personal Information also may possibly include photos, social media posts or other details that can personally identify you, which we occasionally receive from third parties. For example, you may choose to participate in a third-party application or feature, such as our Twitter, Facebook or LinkedIn profiles, through which you allow us to collect (or the third party to share) information about you, including Personal Information.
How We Use your Personal Information
• To present our Site and its contents to you.
• To provide you with information or services that you request from us, such as sending you certain information about TRUST EDGE’s services and offerings.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of TRUST EDGE’s assets, where Personal Information held by TRUST EDGE’s about our Site users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• With your consent.
Collection and Use of Anonymous Information
We may also collect automatic, anonymous information such as browser type and version, browser language, your operating system and platform, and the Internet Protocol (IP) address used to connect your computer to the Internet. This information does not identify you, but is statistical data used for analytical purposes and helps us provide more relevant services to users. For example, we may use this information to administer and troubleshoot issues directly related to the Site, such as Site administration or to analyze certain trends in Site usage.
We may also collect anonymous information through the use of tracking pixels. A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a webpage and, in combination with a cookie, allows for the collection of information regarding the use of the webpage that contains the tracking pixel. We use tracking pixels to tell when you have clicked on certain website features or otherwise interacted with those features, and use that information to learn about visitor use. In some cases, we use third-party service providers to help us collect and analyze this anonymous information.
We have enabled Google Analytics, to collect data about our traffic through the use of Google advertisements and other anonymous identifiers. We use Google Analytics cookies and other cookies to compile data to better understand users and provide users with a more tailored experience. You can opt out of Google Analytics by visiting Google’s Opt-Out Browser Add-on
website here [https://tools.google.com/dlpage/gaoptout/]
How We Protect Information
We have taken commercially reasonable precautions to protect the data and information under our control from misuse, loss, or alteration. Our security measures include industry standard technology and equipment to help protect your data. Unfortunately, considering the open nature of the internet, no system can ensure complete security and you should take steps to protect your information and transmissions to the Site.
If at any time after registering for information, you change your mind about receiving information from us, send us a request specifying your new choice. Simply send your request to INFO [at] TRUSTEDGE [dot] COM.
European Resident Rights under the General Data Protection Regulation (“GDPR”)
GDPR gives you the following rights:
Request Accessto your Personal Information. This allows you to receive a copy of your Personal Information and verify that we are lawfully processing that information.
Request Correction of Your Personal Information. This allows you to have any incomplete or inaccurate Personal Information we hold completed / corrected. Please note that we may need to verify the accuracy of the new Personal Information you provide.
Request Deletion / Erasureof Your Personal Information. You may have the right to request that Personal Information we hold about you be deleted / erased.
Object to Processingof Your Personal Information. You may have the right to preclude processing of your Personal Information.
Request Restriction of Processing of Your Personal Information. This allows you to ask that we suspend the processing of your Personal Information in the following scenarios:
if you want us to establish the data’s accuracy;
where our use of the data is unlawful, but you do not want us to delete/erase it;
where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Request Transferof Your Personal Information. Where technically feasible, we will provide to you, or a third party you designate, your Personal Information in a structured, commonly used and machine-readable format.
Withdraw Your Consent. You may withdraw your consent at any time. If you do so, we may be unable to provide certain products or services to you. But we will advise you of this when you withdraw your consent.
IF YOU WISH TO EXERCISE ANY OF THESE RIGHTS, PLEASE PROMPTLY NOTIFY US ATINFO@TRUSTEDGE.COM.WE WILL RESPOND PROMPTLY, IN ANY EVENT WITHIN A REASONABLE LENGTH OF TIME.
Links to Third-Party Sites
Children Under the Age of 13
We do not sell products or services for purchase by anyone under the age of 13. In accordance with the Children’s Online Privacy Protection Act (COPPA), we will never knowingly request or solicit personally identifiable information from anyone under the age of 13, without verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical.
Compliance with Legal Process
Please be aware that we will release specific Personal Information about you if required to do so in order to comply with applicable law or any valid legal process such as a search warrant, subpoena, statute, or court order. We may also choose to establish or exercise our legal rights or defend against legal claims.
Users in California
We do not share your Personal Information with third parties for direct marketing. California Civil Code Section 1798.83 permits users of the Site who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any Personal Information with third parties for their direct marketing purposes.