Terms of Service

[last updated 26 January 2022]

1. The business that provides this website and other services.

1.1 These terms apply to our website www.guitarmasterymethod.com, any related websites, blogs, applications and/or social media pages (collectively called our ‘services’).

1.2 When you read words that refer to ‘us’, ‘our’ or ‘we’, it means Wallace Products Ltd NZBN 9429 0416 54 trading as Guitar Mastery Method, and the words ‘you’, ‘user’ or ‘your’ means you, the visitor to our services.

1.3 By using our services, you are agreeing to be automatically bound by these terms and conditions and our privacy policy [https://www.guitarmasterymethod.com/privacy-policy/]. 

1.4 We encourage you to carefully read and understand these terms and conditions before using our services. If you don’t agree with our terms, your remedy is to stop using our services.

2. Entire agreement

2.1 Unless otherwise specified, these terms and conditions, together with any other relevant policy, disclaimer or legal style document made available on our website, constitute the entire agreement between you and us with respect to our services.

2.2 We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated by notice on our website.

3. Feedback, comments or complaints

3.1 If you have any questions, please contact us via email at support@guitarmasterymethod.com and we will usually respond to all enquiries within five business days. We welcome the opportunity to talk with you and address any concerns before you feel the need to share with others.

4. No unlawful or prohibited use

4.1 As a condition of your use of our services, you warrant that you will not use our services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our services in any manner which could damage, disable, overburden, or impair our services or interfere with any other party’s use and enjoyment of our services.

4.2 You expressly agree not to:

(a) hack into areas of our services that are not intentionally made available to you;

(b) add malicious code to our services which may affect us or visitors to our services;

(c) use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval;

(d) engage in any internal or external spamming, or other similar actions;

(e) engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions;

(f) decompile, reverse engineer, or try to copy or imitate our services or underlying content;

(g) share content that you have paid for with others, for example by sharing your log-in details.

5. Creating your account

5.1 You must create an account to subscribe to any membership program, access our courses or make a purchase. You must be over 16 years old to create an account and use our services or purchase any products. If you are under the age of 16, your legal guardian must set up your account for you and must authorise your purchases.

5.2 When creating an account, you agree you will:

(a) provide true and correct details when you set up your account;

(b) keep your username and password secure and confidential and not to share your access with anyone else;

(c) accept electronic communications from us (you may unsubscribe from these at any time);

(d) keep your contact details up to date;

(e) do your best to contribute to the supportive environment we strive to create for our users by not posting unnecessary criticism of others or making remarks that are unkind or uncalled for;

(f) not engage in any internal or external spamming, or other similar actions;

(g) not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, including our staff;

(h) not post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(i) not make false claims about your purchase of our courses or other products;

(j) remain responsible for any activity that occurs on your account, and cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your account;

(k) make any payments due associated with your account when they are due;

(l) contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;

(m) authorise us to disclose financial information, card related profile and purchase behaviour to third party institutions such as banks and financial agencies (including without limitation Visa, Mastercard and American Express).

5.3 If you create your account using third party authentication (Facebook or Google login) you give us access to some of your personal information included on those platforms and consent to our use of that information.

5.4 We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.

5.5 We are not responsible for the actions or comments of users. While under no obligation to do so, we reserve the right to moderate our social media accounts and remove or suspend users that so not comply with these rules.

5.6 You may use your account on more than one device however we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts. If we suspect you have shared your log-in details with another person, your account may be temporarily suspended or blocked while we investigate. If, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account with no refund of prepaid amounts, such as membership payments, and prohibit you from opening a new account. 

5.7 You are solely responsible for the activity that occurs on your account, whether authorised by you or not, and may be liable for any loss to us or third parties caused as a result of the use of your account, whether by an authorised person or not.

5.8 Data (if any) stored in your account may not be kept. If there is any data in your account that you want to retain, you should make a copy for your own records. Accounts that are closed may not be able to be restored.

6. Payments and refunds for individual courses or bundles

6.1 Prices for our products or services are subject to change without notice and access for new users may be discontinued or modified at any time. 

6.2 Where products are ‘free with payment of shipping only’, the shipping is usually $6.95 however is subject to change as we rely on a third-party provider to provide the shipping. Shipping costs are non-refundable. 

6.3 We accept one-off and recurring payments via secure third-party payment gateways PayPal and Stripe. Payments are handled by Guitar Mastery Method Ltd. We do not keep your payment details.

6.4 Unless otherwise stated, electronic products are delivered at the time of receipt of payment and are non-refundable. Sales for other items are generally final and will not be refunded, subject to New Zealand Consumer Law. Where we have offered a money-back guarantee period, if you decide the service is not for you, please contact us at support@guitarmasterymethod.com during the money-back guarantee period and we will arrange a refund. Please include in your email your name, order number and date of purchase. No refunds will be made after the money-back guarantee period expires.

7. Subscribing as a member

7.1 In addition to offering single or bundle course purchases, we offer a VIP member subscription program on a monthly access basis. Our VIP programs are generally by application or invitation only and there is no automatic guarantee you will be accepted if you apply. If available, fees for the program will be emailed to you prior to you becoming committed to the program. VIP access programs may include access to all digital products, 4 monthly live (by electronic meetup) lessons, access to live lesson replays, access to the members area on our website and members only Facebook group. We will confirm the actual inclusions when we email you about your application.  

7.2 If you pay for a member subscription program you will gain access to the content you have subscribed to, for the period you have paid for. We reserve the right to change course content, subscription terms and benefits available from time to time. Access to VIP programs will not give you access to physical live events. 

7.3 You only have member access to the benefits of the program including, our closed social media groups, while you are a paid subscription member. If your subscription ends, you will no longer have access. If you have also purchased an individual course or bundle, your access to these purchases will continue and will be unaffected by your membership cancellation.

7.4 By joining the VIP Club, you are also agreeing to the Referral Program Terms & Conditions found in Section 27.

8. Payments and refunds for membership subscriptions

8.1 If you subscribe to our membership program, the frequency you choose (monthly or yearly) will automatically renew at the end of each billing period. You can cancel your auto-renew by requesting so via email to support@guitarmasterymethod.com.

8.2 Ending a subscription where there is no money-back-guarantee period or if you are cancelling outside the money back guarantee period: You may cancel your membership at any time however there is no refund of the subscription you have paid for the current period. You will continue to have full access to the benefits until the end of your paid subscription period, then your access will come to an end.  No further debits will be made to your account after you have ended your subscription. 

8.3 Ending a subscription within a money back guarantee period: You must provide us notice within the defined period. Your access to the benefits of the subscription will end immediately and we will refund your payment within 7 business days via the same platform you used for payment.

8.4 The VIP Elite Coaching Program is subject to a 30 day money-back-guarantee within the first month of joining the program. Requests must be made via email to support@guitarmasterymethod.com . Cancellations of your auto-renew monthly subscription can be made via email to support@guitarmasterymethod.com however there is no refund of the subscription you have paid for the current period.

9. Contributors

9.1 We may offer you the opportunity to produce content for our services or contribute online in some other manner (‘contributor’). Without limiting anything else in these terms and conditions, as a contributor you:

(a) agree to ensure your content complies with all relevant laws and regulations, and does not contain any content that is prohibited or restricted by New Zealand law, is misleading or deceptive or contains defamatory statements or content;

(b) agree to ensure that content do not contain anything that infringes upon or violates the rights of any third party, including copyright, trade mark, privacy, or other personal or proprietary rights;

(c) agree to ensure any links or uploads are free from worms, viruses or other types of malicious or harmful programs or code;

(d) grant to us an irrevocable, world-wide, non-exclusive, royalty-free and perpetual licence and right to use your content, and where applicable, to display your business name and trademarks on our services; and

(e) agree that we may remove or disable your advertisement or content, at our sole discretion, if we believe your content to be in breach of our terms and conditions. If we remove your content, we reserve the right to deny you the use of our services in the future.

(f) Please be aware that positioning and placement of your content on our services will be at our discretion, unless otherwise agreed in writing.

10. Testimonials

10.1 If you provide testimonial material (comments on social media pages, direct emails, video footage etc), you consent to our use of your name and testimonial material on our website or other marketing media.

11. Contests

11.1 If we make available contests for submission of information or video, you agree:

(a) We have the right to disqualify any entrant or winner as we deem appropriate.

(b) The winner is determined solely by us and no correspondence will be entered into.

(c) We may display any entries, together with the name of the entrant, on our website or other marketing media.

12. No recommendations

12.1 Content may be contributed by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly.

13. Sponsored content and advertising will be clearly identified.

13.1 By using our website, you acknowledge that our advertisers are third party advertisers and we do not have any connection with them. We do not recommend or endorse them, and we are not affiliated with an advertiser, unless we give notice otherwise.

13.2 While we take reasonable care to monitor our services, we do not take any liability or obligation for the content, information, goods or services of third-party advertisers. You use third party goods and services at your own risk.

13.3 We are not responsible for any loss, damage or issues you may have with an advertiser and cannot be held responsible for any direct or indirect loss you may suffer because of using their products or services.

14. Links disclaimer

14.1 Our services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, any products or services advertised on that website, or any association with its operators.

14.2 We may also provide links to third party tools. These tools have their own terms of use and we are not liable for any use you make of them. Please carefully review any third-party terms and conditions before you use their tools. Concerns with third party tools should be directed to the third-party.

15. Copyright, Trademarks and other Intellectual Property

15.1 We own the intellectual property rights in the contents of our services, or have permission to use or display, the material on our services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our services content in whole or in part except as expressly authorised by us. 

15.2 Images and item descriptions posted on our services (particularly social media) by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

15.3 The names of actual companies and products mentioned on our services may be the trademarks of their respective owners. Unless explicitly stated otherwise, any example or case study, band, performance, organization, product, person or event depicted on our services is fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. 

15.4 Permission: If the item is intended for this use, you may access, download, or print material from the website for your personal use only. Video content may not be downloaded. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our services or any site accessible through our services.

15.5 Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our services content, or to our intellectual property.

16. Copyright infringement

16.1 If believe that there is material on our services that infringes third party intellectual property rights, please contact us at support@guitarmasterymethod.com with sufficient information to enable us to determine who is the owner of the intellectual property, and to allow us to form the reasonable belief that there has been an infringement. If satisfied, we will remove it from our services.

16.2 Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

17. Security

17.1 We make efforts to maintain the security of our services. We arrange for services or applications to be used that we deem advisable to protect your personal information, the integrity of our services, and conduct our business. However, we do not guarantee the security of the services, our records, or your content.

17.2 We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

17.3 Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

18. Disclaimer

18.1 You acknowledge and agree that your use of our services is at your own risk. 

18.2 While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our services for any purpose, to the maximum extent permitted by applicable law, anything contained on our services is provided “as is” without warranty or condition of any kind.

18.3 Specifically, we make no promises about your ability to improve your skills, gain employment or other work, or any advancement in your music career or hobby as a result of completing any of the courses or other education made available through our services. Improving your skills takes practice and persistence. 

18.4 Anything available via our services may include inaccuracies or typographical errors and may be out of date. Changes are periodically made to the content.

18.5 Tutorials and other information available via our services are provided for your information only. You acknowledge and agree that no information or advice provided by us provides advice of any regulated industry or creates a warranty of any kind with respect to our services. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

18.6 This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our services or the services found on our services.

19. Limitation of liability

19.1 We will not be liable to you or any person or entity for loss or damage arising out of hacking, computer viruses, internet downtime, your use of our services or any other act or omission that is outside of our control.

19.2 We will not be liable to you or any other person or entity for any damages arising as a result of your use of our services, subject to the requirements of New Zealand Consumer Laws.

19.3 Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to:

(a) the provision of those services again, or

(b) a refund equal to the total amount paid by you for the services that are the subject of your claim, even if those services were provided to you without cost, or

(c) the replacement of a product purchased by you, or

(d) the refund of the purchase price of a product purchased by you.

19.4 This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our services or the services found on our services.

20. Indemnity

20.1 You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

(a) any content you publish on our services;

(b) your unauthorised use of our services, or products or services included or advertised on our services; or

(c) your breach of these terms and conditions.

21. Termination of membership subscription

21.1 If you have purchased a membership subscription, you will have access to our services only for the duration of your subscription.

21.2 You may end your subscription prior to the automatic renewal at the end of each subscription period. 

21.3 We may end your subscription without refund by:

(a) For monthly subscriptions – giving you 1 months notice that we intend to end your subscription;

(b) For annual subscriptions, giving you at least 1 months notice prior to the end of your current subscription that we intend to end your subscription.

You will continue to have access to your subscription benefits until the end of your current, paid billing period. When your subscription ends, your access ends.

21.4 We also reserve the right to cancel your subscription earlier than the above time frames if required. If we do this, we will provide a pro-rata refund for the remaining time left on your subscription.

22. Your comments

22.1 Please note that information posted by you on any of our forums, forms, information requests or comment sections etc will still be displayed after termination as we will not delete these histories. If we receive a data deletion request from an eligible EU citizen, we will remove as much identifiable information as we can from areas we control. The actual comments will not be removed, just the identifiable information. We have no ability to delete comments from platforms we do not control, including social media and blog comments. These sites have their own terms and conditions.

23. Lifetime access for single or bundle purchases

23.1 Where we talk about lifetime access, we mean a period of 20 years from the date of purchase. 

23.2 If you have purchased a single or bundle course, we aim to offer lifetime access to your purchased course(s). As at the date of these terms and conditions we believe we are able to do this. You acknowledge that circumstances may change in the future where our on-line services are discontinued or access to particular content is no longer available. As most students are able to complete a chosen course within 6 months, if we decide to discontinue our services or any specific content, we will provide at least 12 months notice that the service or content is coming to an end before disabling access.

24. Applicable law

24.1 This agreement is governed by the laws of New Zealand. You agree to be subject to the jurisdiction of the courts of New Zealand if there was a serious dispute between us without reference to conflict of laws provisions.

24.2 You may provide notice to us addressed to ‘The managing Director’ and sent by email to support@guitarmasterymethod.com. We may provide notice to you via email or other electronic means.

24.3 Use of our services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our services is unauthorized, it is your responsibility to stop using our services.

25. Relationship

25.1 You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement, or use of our services.

25.2 Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our services, or with regard to information provided to us, or gathered by us, about your use of our services.

26. Validity

26.1 If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.

27. Referral Program Terms & Conditions

These are the additional terms and conditions upon which the referral program is run.

When we use the words ‘you’ ‘your’ ‘yours’ or ‘referral’ we mean you, the referral participating in our program, and this includes your associates, employees and contractors. 

If we refer to ‘referral site’, this means:

  • the website, if any, (which you warrant you own) where you are placing your referral link and includes any other domains, sub-domains; and/or 
  • public access areas where you post your referral link (you also warrant you have the right to post your referral link in these places). This would include social media platforms as well as your podcast, webinar or training material (if any); and/or
  • any other place you share your referral link (you also warrant you have the right to post your referral link in these places). 

By being an approved and paying member of the Guitar Mastery Method VIP Club, you are automatically enrolled and signed up into the Referral Program which is hosted via a third-party service “Referral Rock”.

27.1 Our Responsibilities

For referred members to count towards your rewards tally, you must correctly use your referral link. We are not responsible for you missing out on a reward if you incorrectly use your referral link. 

We are also not responsible for any failure of our third-party tracking plug-in or software that results in you missing out on a reward. 

A new member only counts towards your reward tally once. If the member uses further services of ours, you will not receive any reward on the subsequent sales. 

A new member only counts toward your rewards tally if they join the GMM VIP Club and continue to be a paid member after their trial period has expired (‘eligible member’). The rewards you can earn are directly based on the number of eligible members you refer. The rewards, together with the number of eligible members you need to refer to earn them, are listed in our marketing material and are subject to change. 

We will pay for the postage for a reward to be sent to your nominated address. 

If you earn the reward ‘Flights for 2 to New Zealand package’ this reward includes 2 return economy class airline tickets from your nearest capital city to Wellington, New Zealand plus a private lesson and jam session at GMM HQ. All transfers, accommodation, connecting flights or travel, hire car, sightseeing, meals etc are at your cost. Once booked the tickets are not transferable and not able to be altered. We recommend you take out travel insurance. In the unlikely event there is a dispute, difficulty or other reason we are unable to award the ‘Flights for 2 to New Zealand package’ reward, we may, at our discretion only, make a single payment of NZ$10,000 to the recipient. 

Other than our above discretion, rewards are not exchangeable for cash. No money will be paid out under our referral program for any reason. If we are unable to supply an advertised reward for any reason, we reserve the right to substitute the reward for an alternative reward of a similar or better monetary value. 

We are a New Zealand business and run our rewards program under New Zealand laws. If this type of reward program is not authorised in your jurisdiction, you must not join our program. Any tax liabilities arising from receiving a reward under our program remain your responsibility. 

We retain the right:

    • to review your participation in the program, 
    • have input into how you display or use your referral link or our information on your referral site, and 
    • to terminate this agreement or the referral program.

27.2 Your Obligations

For your referral site, you are responsible for maintenance, updates and any changes required by us under this agreement.

If requested by us, you must place the referral link in a position on your referral site approved by us. We may ask you to move the placement at any time. 

You must ensure your referral site and any content is complaint will all laws and does not infringe on any third party rights including copyright or privacy rights. 

You have on-going obligations in relation to promotion (no spam), use of our name, creating fraudulent traffic and interference with the referral tracking. These are discussed in more detail below.

You are also responsible for your personal taxation obligations (if any) arising from your participation in our referral program. 

27.3 Warranties

You warrant:

    • You are over the age of 16 (or, if you are under the age of 16, you have full parental consent, and your parent has joined the program on your behalf). If you are under 18 and qualify for a major reward, your guardian may have to accept the reward on your behalf. 
    • You have the right, power and authority to enter into this agreement.
    • You will not, either directly or indirectly, generate traffic or orders using your referral link in a manner which is coercive, misleading, malicious or fraudulent. 
    • You will not place or allow inappropriate content on your referral site including material that is or encourages discrimination of any kind, illegal activities, violence, sexually explicit material, violation of intellectual rights, deceptive information or any material we believe in inappropriate or unlawful. 
    • You will not represent you have a relationship with us other than as a participant in our referral program. 
    • You will not advertise or discuss our services on social media sites where the advertising is not welcome.
    • You will not use our program fraudulently or in a manner which may cause reputational or other harm to our business.
    • You will not post your referral link on any coupon or discount websites.
    • You will not use or transmit any parasitic marketing to traffic arriving at our site via any route. 
    • You will not make purchases yourself using your referral link. 
    • You will keep your mailing address and personal details up to date at all times. 

You acknowledge we are relying on the above warranties as part of our decision to accept you into our referral program.

If you breach any of the above warranties, we may immediately terminate this agreement and any outstanding rewards may be forfeited by you. 

27.4 Term

This agreement starts when we communicate your acceptance to the referral program and provide you with log in and username details for the referral dashboard.

This agreement continues until terminated by you or by us.

We may terminate this agreement:

    • Immediately if we consider you have breached the terms of this agreement or if we discover you have substantially changed your referral site,
    • By giving you 7 days written notice if we have asked you to do something in accordance with this agreement and you have failed to do that thing, or
    • For any reason, by giving you 45 days written notice.

You may terminate this agreement for any reason by giving us 14 days written notice. 

Upon termination of this agreement, you will cease to earn any rewards and you must:

    • Remove any referral link(s) from your referral site.
    • Cease using our business name.
    • Return to us or securely destroy any of our confidential information or intellectual property.

We may terminate our entire referral program or close our website or business at any time without notice. We will send out accrued rewards to the date of termination in this scenario. 

27.5 License

We grant you, during the term, a non-exclusive, non-transferrable, revokable license to use the referral link and any promotional material made available from time to time (if any) (‘licensed materials’) in accordance with the terms of this agreement. 

Your participation in our referral program does not confer any proprietary or special rights in the licensed materials.

27.6 Disclaimer and Limitation of Liability

We make no warranty that you will earn any rewards under the referral program or that the referral tracking we use will be reliable or error free.

We take no responsibility for your involvement in the referral program, you join and continue in the program at your own risk.

Once we mail or transfer a reward to you, our responsibility for that reward under these terms is satisfied. We are not responsible for rewards that are lost or damaged in the mail or if you have provided us the incorrect (or out of date) mailing address, or other incorrect information, and your reward is mailed or transferred to the incorrect destination. 

We make no warranty that our website, services or our third party services for referral tracking will be available at all times or that they will be error free. 

We are not responsible to you or any third party for viruses or malicious code on our website that was not intentionally placed there by us. 

If we have any liability under this agreement, you agree our total aggregate liability for all claims relating to this agreement is limited to an amount of $100. 

27.7 Indemnity

You agree to indemnify us from and against any claims, losses or damages we incur that relate to the operation of your referral site or a breach of your obligations under this agreement.

27.8 Confidentiality 

All our business information, including, but not limited to, our business processes, privately agreed arrangements and technical, financial and customer information of ours is confidential information of our business and remains our sole property. You agree to keep our confidential information in confidence and not use or disclose it in any manner which could cause harm to us or our business.

27.9 General

All amounts shown in this agreement or on our website are in NZD. This agreement is governed by the laws of New Zealand and any dispute will be determined by the courts of New Zealand.  

You may not assign this agreement without our consent.

As a referrer under our program, you are an independent contractor and nothing in this agreement creates any other relationship. You do not have authority to bind us to any decisions and may not make any representations on our behalf. 

If any provision of this agreement is held to be invalid or unenforceable, that provision will be limited or excluded to the extent necessary to enact the intention of the parties and the balance of this agreement will continue in full force and effect.