The individual/entity (herein "Preferred Member" or "Associate") agrees to the terms and conditions set forth below between Company and Preferred Member/Associate:
1. I understand that I am an independent business owner and as such:
a. I have the right to offer for sale Company products and services in accordance with these terms and conditions and the Policies and Procedures.
b. If qualified, I have the right to earn commissions and/or bonuses pursuant to the Company Compensation Plan.
2. I agree to present Company's Compensation Plan and Company products and services as set forth in official Company website.
3. I agree that I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Company. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF COMPANY FOR FEDERAL OR STATE TAX PURPOSES. Company is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
4. I have carefully read and agree to comply with the Company's Policies and Procedures and Company's Compensation Plan, both of which are incorporated into and made a part of these terms and conditions (these documents shall be collectively referred to as the "Agreement"). I understand that I must be in good standing and not in violation of the Agreement to be eligible for bonuses or commissions from Company. I understand that these terms and conditions, Company's Policies and Procedures, and Company's Compensation Plan may be amended at the sole judgement and discretion of Company, and I agree to abide by all such amendments. I AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY CLAIMS ARISING FROM OR RELATED TO ANY SUCH AMENDMENT OR MODIFICATION (INCLUDING CLAIMS FOR DAMAGES, COMPENSATION, REMUNERATION, BONUSES, LOST PROFITS OR LOSS OF OPPORTUNITY), AND I HEREBY WAIVE ALL CLAIMS ARISING FROM OR RELATED TO ANY SUCH AMENDMENT OR MODIFICATION. Notification of amendments shall be posted on Company's website and shall become effective 30 days after publication. The continuation of my business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
5. The term of this agreement is one month or one year (subject to prior cancellation pursuant to the Policies and Procedures). If I fail to mohthly or annually renew my Company business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights under the Agreement. I shall not be eligible to sell Company products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former Associate team sales organization. IN THE EVENT OF CANCELLATION, TERMINATION OR NON-RENEWAL, I WAIVE ALL RIGHTS I HAVE, INCLUDING BUT NOT LIMITED TO PROPERTY RIGHTS, TO MY FORMER ASSOCIATE TEAM SALES ORGANIZATION AND TO ANY BONUSES, COMMISSIONS OR OTHER REMUNERATION DERIVED THROUGH THE SALES AND OTHER ACTIVITIES OF MY FORMER ASSOCIATE TEAM SALES ORGANIZATION. Company reserves the right to terminate all agreements upon 30 days notice if Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. I may cancel this agreement at any time, and for any reason, upon written notice to Company at its principal business address. I understand that the Company reserves the right to combine my position in the organization and/or my Associate team sales organization with any other division or organization maintained by Company or its parent or affiliated companies.
6. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of Company. Any attempt to transfer or assign the Agreement without the express written consent of Company renders the Agreement voidable at the option of Company and may result in termination of my business.
7. I understand that if I fail to comply with the terms of the Agreement, Company may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
8. Company, its parent and affiliated companies, and their respective directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "Affiliates"), shall not be liable for, and I release Company and its Affiliates from, all liability arising from or relating to the promotion or operation of my business and any activities related to it (e.g., The presentation of Company products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Company for any claims, demands, liability, judgments, damages, fines, penalties, attorney fees, or other awards arising from any conduct that I undertake in operating my business.
9. Any waiver by Company of any breach of the Agreement must be in writing and signed by the Company's General Counsel or Chief Legal Officer. Waiver by Company of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
10. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of laws. In the event of a dispute between a Member or Associate and Company arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation. Company shall not be obligated to engage in mediation as a prerequisite to disciplinary action against Member/Associate. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration.
11. The parties consent to jurisdiction and venue before any federal or state court in Clackamas County, State of Oregon, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
12. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
13. Montana Residents: A Montana resident may cancel his or her Associate Agreement within 15 days from the date of enrollment, for a full refund. This Refund includes subtracted Merchant Processing fees and processing service fees of $25, within such time period.
14. I understand that any claims I may have against the Company related to or arising from the Agreement must be brought within one year from the date of the alleged conduct giving rise to such claim and may only be brought in accordance with the dispute resolution procedures set forth in the Policies and Procedures. Failure to make such claim within this time period shall bar all claims against Company for such alleged conduct, act or omission. I WAIVE ALL CLAIMS THAT ANY OTHER STATUTE OF LIMITATIONS APPLIES.
15. I AGREE THAT THE COMPANY'S AND ITS AFFILIATES' MAXIMUM AGGREGATE LIABILITY TO ME ARISING FROM OR IN ANY WAY RELATED TO THE AGREEMENT, MY BUSINESS AND/OR THE RELATIONSHIP BETWEEN THE COMPANY AND ME WILL BE STRICTLY LIMITED TO THE TOTAL AMOUNT PAID TO ME BY THE COMPANY FOR THE SIX (6) MONTH PERIOD OCCURRING IMMEDIATELY PRIOR TO THE INCIDENT THAT GAVE RISE TO SUCH LIABILITY, BUT SPECIFICALLY EXCLUDING FROM SUCH TOTAL AMOUNT ANY ONE TIME BONUSES OR REWARDS PAID (OR PAYABLE) DURING SUCH SIX (6) MONTH PERIOD. IN NO EVENT, WILL THE COMPANY OR ITS AFFILIATES BE LIABLE TO ME FOR ANY LOST REVENUE, LOST PROFITS, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INTERRUPTION OF MY BUSINESS, ANY OTHER ECONOMIC ADVANTAGE OR COST OF COVER INCURRED BY ME ARISING FROM OR IN ANY WAY RELATED TO THE AGREEMENT, MY BUSINESS AND/OR THE RELATIONSHIP BETWEEN THE COMPANY AND ME, UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY, EVEN IF THE COMPANY OR ITS AFFILIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
16. I authorize Company to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
17. This Application, (including these Terms and Conditions), the Policies and Procedures, the Compensation Plan, the business entity registration form (if applicable) and any guides, manuals or programs promulgated by the Company from time to time (all as may be amended by the Company in its sole judgment and discretion from time to time) constitute the entire agreement between the Company and Associate concerning the business and the subject matter hereof. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
18. If any provision of this Agreement is held invalid, void, or voidable by an arbitrator or court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and to reflect the intent of the parties as nearly as possible. All other remaining provisions shall remain in full force and effect. Should any provision herein conflict, in whole or in part, with the Policies and Procedures, the provisions contained in the Policies and Procedures shall prevail.
19. Electronic copy of the Agreement shall be treated as an original in all respects.
20. Company reserves the right in it sole judgment and discretion to terminate the Agreement within sixty (60) days of submission of the Application to the Company. Fulfillment of any orders placed by you, payment of any commission or other incentives to you, or other action taken by the Company shall not be deemed a waiver of this right of termination. Company may terminate your Agreement by notifying you by e-mail, denying access to your Virtual Office (backoffice) or other means established by the Company at any time and for any reason during this 60 day period.
Notice of Right to Cancel
Date of Transaction: ______________________
You may cancel this transaction within three business days from the above date of Creating this Agreement.
I hereby cancel this transaction.
Buyer's Signature ______________________________________ Date ________________
To become a Preferred Member or an Associate, you must agree to these Terms of Agreement.
In order to Creat Your Account you must be refered by one of our Associates. Ask your referring Associate for his/hers personal website referral link.
If you do not have one, please send us your request via the Contact Us link and we will find one in your area.
By creating a New Account and become a Preferred Member or an Associate, you agree to this "Preferred Member/Associate Agreement".