1. I am of legal age in the jurisdiction
in which I enter into this Agreement. I hereby apply
to become an Independent Marketing Representative (IMR)
eMobile Connect (the Company) and to participate
in its Marketing and Compensation Plan.
2. I shall become a Independent
Marketing Representative upon acceptance of this application
and I shall have the right to sell the products and
services offered by the Company in accordance with
the Terms and Conditions contained herein and in the
terms of the Companys Marketing Plan, Policies
and Procedures, and any other literature and or web site
that may be issued and amended from time to time.
3. I certify that I have received
a copy of the Company's Marketing and Compensation
Plan and Policies and Procedures from my upline Independent Marketing
Representative or from the Company via the Company's
web site. I have carefully reviewed the Marketing and
Compensation Plan and Policies and Procedures and
acknowledge that they are incorporated as part of
this Agreement in their present form and may be modified
or amended from time to time by the Company.
4. It is expressly agreed by the parties that there are not, verbal or written representations, understandings, stipulations, agreements, or promises relating to the subject matter of this Agreement not incorporated herein. This Agreement and the terms of the Marketing and Compensation Plan and any other literature that may be issued by the Company constitute the entire agreement between the parties, which cannot be amended unless such amendment is acknowledged in writing by the Company.
5. I understand that I am not
required to make any purchase of products or services
offered by the Company in order to become an Independent
Marketing Representative or to participate in the
Companys Marketing and Compensation Plan.
6. I understand this Agreement
does not create a relationship of employer/employee,
agency, partnership or joint venture between any representative,
sponsor and/or the Company. As an Independent Marketing
Representative, I will be responsible for my own business
and will not be considered an employee of the Company
for the purposes of the Federal Insurance Contribution
Act, the Federal Unemployment Tax Act, or any other
laws pertaining to employees.
7. The term of this Agreement is for a period of one
year.
8. As a sponsoring representative,
I understand that I will be required to fulfill certain
training, supervisory and management responsibilities
associated with such a business relationship.
9. As an Independent Marketing
Representative I understand that at my own expense,
I shall make, execute and file all reports, licenses
and permits required by law or public authority with
respect to this Agreement. I also understand that
I will be solely responsible for the declaration and
payment of all local, state, and federal taxes as
may accrue because of my representatives activities
in connection with this Agreement. I will not make
any statements or representations regarding the Companys
products or services or the Marketing Plan other than
those contained in materials provided by the Company.
Failure to comply with this provision may result in
the suspension or termination of my representative
status. |
10. I agree to not use, advertise,
or duplicate any of the Companys literature
in any way without the express written approval of
the Company. This includes and is applicable to the
Companys logo, trade name, or trademarks. Any
use of unauthorized literature is strictly prohibited
and is grounds for immediate termination of this Independent
Marketing Representative Agreement.
11. The Company may suspend or
terminate this Agreement immediately in the event
the Independent Marketing Representative breaches any covenant
contained herein. Any Independent Marketing Representative shall
be entitled to cancel participation in the marketing
program at any time after the intial one year term
and for any reason upon written notice to the Company
and the sponsoring Independent Marketing Representative.
12. The Company agrees to pay
earned commissions, within 30 days to the Independent
Marketing Representative on sales activity from within
the Independent Marketing Representatives organization or
by the Representatives downline.
13. There are no written or implied
guarantees of earnings. Actual income is solely dependent
on the Independent Marketing Representative's own personal
efforts.
14. I hereby agree to represent
the Companys Marketing and Compensation Plan
fairly and completely, emphasizing that retail sales
are a requirement: no purchase of goods or services
is required and that no sales fee can be derived from
the mere act of sponsoring other Independent Marketing
Representatives. I acknowledge that as an Independent
Marketing Representative I am not guaranteed any income
nor am I assured any profits or success, and I certify
that no claims or guaranteed profits or representations
of expected earnings that might result from my efforts
have been made by the Company or my sponsor. In this
connection, I shall not represent directly or indirectly
that any person may, can, or will earn any stated
gross or net amount or that all Independent Marketing
Representatives will succeed.
15. I understand that the acceptance
of this agreement does not constitute the sale of
a franchise of a distributorship and that there are
no exclusive territories granted to anyone and that
no franchise fees have been paid, nor am I acquiring
an interest in a security by the acceptance of this
agreement.
16. I understand that only a Company
Certified Presenter who has received training can
make a public presentation of the Marketing &
Compensation Plan and all public meetings consisting
of two or more prospects must be audio or video taped
and retained for permanent record. These tapes shall
not be copied or reproduced for dissemination.
17. I agree to indemnify and
hold the Company harmless from any claims, damages
and expenses, including attorneys fees arising
out of my actions or conduct in violation of this
Agreement. In the event a dispute should arise between
the Company and myself as to our respective rights,
duties obligations under this Agreement, it is hereby
agreed that such disputes shall be settled by binding
arbitration under the commercial rules of the American
Arbitration Association with Arbitration to be held
within the state of Delaware. The arbitration award
may be enforced in any court of competent jurisdiction.
This provision shall not restrict the Company from
seeking preliminary or permanent injunctive relief
in any court of competent jurisdiction. |