Original clause 4.3 (Delivery and use of Licensed Property and Workbooks)
- You must.
- not market, promote or provide a Program Offering other than in accordance with the Permitted Formats;
- not market, promote or provide a Program Offering in the Permitted Format referred to as a ‘course’ in the front Schedule to this Agreement, unless:
- you are registered to practise psychology in Australia at all relevant times during the Term (and you must produce a certificate of currency of Australian registration on request); and
- have obtained the prior written approval of Quirky Kid;
- not provide a Program Offering to persons under the age of 10 years;
- in respect of each Program Offering provided by you, provide one copy of the Workbook to each person enrolled to participate in the Program Offering;
- not provide a Program Offering without providing a Workbook to each person enrolled to participate in the Program Offering;
- not sell, distribute or otherwise dispose of any Workbook to any person other than persons enrolled to participate in a Program Offering provided by you; and
- not sell, distribute or otherwise dispose of any Workbook for a price in excess of the Workbook RRP.
Original clauses 11.3 – 11.6 (Marketing)
- You acknowledge that Quirky Kid may develop and administer an online enrolment system through the Program Website to enable licensed facilitators of the Program to market their Program Offerings and to facilitate enrolments in those Program Offerings. You have the right, but not the obligation, to market your Program Offerings and secure enrolments in your Program Offerings through any such online enrolment system. Quirky Kid may pass on the reasonable costs of administering any such enrolment system to persons enrolling in Program Offerings through the Program Website.
- Where reasonably possible, you will only market and promote Program Offerings using the marketing and promotional materials provided to you as part of the Licensed Property. You are otherwise free to determine the timing, scope, frequency and all other aspects of the marketing and promotion of your Program Offerings at your discretion, subject to the terms of this Agreement.
- You will provide to Quirky Kid on a quarterly basis during the Term (commencing on the date that is 3 calendar months after the date of this Agreement) a complete and accurate written statement indicating the number, description and sales price of all Program Offerings provided by you during the preceding calendar month, the number of participants enrolled in each Program Offering, the nature and amount of advertising and advertising expenditure in respect of Program Offerings and any other information which Quirky Kid may reasonably require. The statement will be in a form from time to time prescribed by Quirky Kid. If you have not delivered any Program Offerings during any relevant period, the relevant statement must state the same.
- You will participate in good faith in any reviews or evaluations of the Program and/or the Program Offerings provided by you that are reasonably required by Quirky Kid, including using your best efforts to procure the participation of participants in Program Offerings provided by you in any such reviews or evaluations.