MY1DOLLARBUSINESS.COM "MY1" is a DBA of SavingsHighway.com "SH".
MY1 INDEPENDENT MEMBER/REPRESENTATIVE TERMS AND CONDITIONS
2. As an IMR, I will market the MY1 memberships and products/services as an Independent Contractor and without the control of my activities by MY1 or it's parent company MY1.
3. Qualifications: I am of legal age in the state where I reside, am legally competent and legally authorized to work in the United States of Country of my residence. I understand that I must be in compliance with this Agreement to be eligible to earn and receive commissions and other compensations from MY1 and/or SH.
4. I understand and agree that in order to become and remain a commissionable IMR each month I must have obtained purchases on my personal MY1 IMR website from non-REPRESENTATIVE customers equal or exceeding in amount the cost of my personal MY1 membership.
5. Independent Contractor Status: I agree that my relationship as an IMR is that of Independent Contractor. I am not an employee, agent, legal representative or employee of MY1, MY1 or its affiliates, and I will not make any representations otherwise. I may not bind MY1 or MY1 to any agreement or obligation. I am solely responsible for determining my activities in the conduct of my Representative business and for paying all expenses I incur, including but not limited to travel, food, lodging, office, permits and license fees and all other expenses, whether business or personal. I will not be treated as an employee of MY1 or MY1 for federal or state tax purposes. I am responsible for all liability, health, disability, workers’ compensation and other insurance.
6. As an independent contractor, I am solely responsible for the payment of all federal, state and local taxes, including, but not limited to, self-employment, withholding, unemployment and Social Security taxes, and any other taxes which may be attributable to my activities and earnings under this Agreement. To the extent required by law, I am responsible for the payment of any applicable sales, use or other similar taxes.
7. Cancellation of Membership. I understand and agree that I may cancel my membership at any time regardless of reason, by notice through the MY1 Help Desk of Inbox System found in the Members Area of the www.my1dollarbusiness.com webiste or by email to firstname.lastname@example.org. Cancellations must include the: a) Member's first and last name, b) Members' email, c) Member's phone number, d) Member's MY1 Website name, and d) reason for cancelling. In order that cancellations be effectively processed, a membership cancellation is effective at close of business of the fifth business day after receipt of a cancellation notice. Cancellation of membership results in concurrent cancellation of a member's Sales Representative (IMR) status with MY1. Member payments received after the effective date of member's cancellation will be promptly returned within 30 days by credit to the member's credit card used in making the refundable membership payment.
8. Payment of Sales Representative Commissions Upon Cancellation. I understand and agree that all earned but unpaid Sales Representative commissions will be paid to Sales Representatives within 10 days of the effective cancellation date provided that: 1- I have submitted a signed Independent Representative Agreement, accepted by MY1, on file with the MY1 Home Office as of a date prior to receipt of the notice of cancellation and, 2- I am in good standing as a Sales Representative with MY1 and 3- I as a Representative have complied with the commission qualification requirements set forth in the MY1 Compensation Plan. No prior express or implied waiver of a commission qualification requirement set forth in the Compensation Plan shall apply in the event of a cancellation of a Sales Representative position. MY1 shall have a period of 30-days to process all refunds including specific requests for refund or commission payment in order to determine if a refund is due to a cancelling Member or if Commissions are payable to a cancelled Sales Representative and to make such payments if owed. Credit card charge back requests made shall void any payment obligation owed to Member or Sales Representative.
9. MY1 may terminate this Agreement or impose disciplinary action on me immediately upon written notice in the event that I breach this Agreement or participate in any action that could been deemed as causing harm to the company. Immediately upon cancellation, termination or non-renewal of this Agreement, I lose all rights as an IMR, including my team sales, my organization and my participation and position in the IMR Compensation Plan.
10. I will operate my MY1 IMR business in a lawful and ethical manner and perform my obligations as an IMR with honesty and integrity and in compliance with all federal, state and local laws.
11. Support: I acknowledge that as an IMR I must support and maintain regular communication with and support to all IMRs I personally sponsor, as well as those in my commissionable IMR downline sales organization with which I have had personal contact with by phone, text, chat or email or in a live personal meeting.
12. Proprietary Rights/Use of Materials: I acknowledge that MY1's present and future trademarks, service marks, trade names, patents and copyrighted materials are owned solely by MY1 or its licensors, and that use of such marks and materials by me must be in compliance with Company’s written policies. I agree to use only written, recorded or other promotional or advertising materials which have been produced by MY1 and/or approved in writing by MY1 prior to their use. I hereby transfer all proprietary rights in and to any materials that I produce regarding MY1's sales program, products and/or services to MY1 in perpetuity (including but not limited to all information posted on my Company Web page) to MY1. I agree to assist MY1 with any requirements necessary to protect such rights.
13. I agree that MY1 has the exclusive proprietary ownership of its customer lists, customer information, IMR and customer lists and information, and in all operating, financial and marketing materials in any way related to this Agreement; and that all such information is confidential. I shall not disclose such information to any third party except in strict accordance with this agreement; that such information is confidential and I shall not use such information, nor assist others to do so to sell products or services other than offered by MY1 nor in connection with any other business during terms of and after termination of this Agreement. Upon termination or non-renewal of this Agreement, I immediately shall cease all use of the proprietary and confidential information.
14. I understand and agree that all members and customers I procure on behalf of MY1 are exclusively the members and customers of MY1. During the term(s) of this Agreement and for 120 days thereafter, I will not, directly or indirectly, (i) market, offer or sell products or services that compete with, or are similar to, those offered by MY1 or (ii) otherwise solicit, divert, take away or interfere with any of the customers, employees or business of MY1 or its affiliates. During the term of this Agreement and, for 120 days thereafter, I will not, directly or indirectly, on behalf of myself or any other individual or company, solicit or induce any employee of MY1 or its affiliates, (i) to participate in any network marketing or direct sales program offered by any other company, or (ii) to terminate or alter his or her business or contractual relationship with MY1.
15. I agree to indemnify and hold MY1 and its affiliates, and their respective officers, directors, shareholders and employees (the “Indemnified Parties”), jointly and severally, harmless from and against any and all alleged claims, damages, expenses, fines or penalties, including any attorneys’ fees, arising out of my (i) activities as an IMR including, without limitation, any unauthorized representations or slamming activities; (ii) breach of the terms of this Agreement; or (iii) violation of or failure to comply with any applicable federal, state or local laws or regulation. I agree that none of the Indemnified Parties shall be liable, jointly or severally, to me for: (i) any loss or damage incurred by me arising in connection with the performance of MY1’s or its affiliates’ obligations to its customers, including the provision of products or services; (ii) economic loss, including without limitation loss of profits, revenues or anticipated income; (iii) loss of goodwill or business opportunity; or (iv) for any indirect, special, punitive, incidental or consequential loss or damages, howsoever arising.
16. MY1 reserves the right to amend these Terms and Conditions, the IMR Compensation Plan, company materials, renewal fees, sponsorship assignments and product and service prices from time to time, in its sole discretion, which modifications shall become a binding part of this Agreement. Such amendments shall be published on the My1DollarBusiness.com website which will be viewable by IMR and shall become effective upon publication. My continuation of Membership or the My1DollarBusiness.com website shall constitute my acceptance of any and all amendments.
17. Assignment: This Agreement may not be sold, pledged or assigned by me except as expressly permitted by MY1, which may withhold its consent in its sole discretion.
18. I acknowledge that I have not received any representation or statement from MY1 or any other person that (i) my MY1 business may, can or will generate income or be profitable; (ii) I can earn back any investment in training, product, services and/or sales aids; (iii) MY1 will make up any financial losses which may occur; or (iv) any particular product or service will be offered. I shall not represent, directly or indirectly, that any person may, can or will have any potential or actual earnings or profit, or that sponsorship of other MY1 IMRs or the solicitation of members subscribers or customers is easy to secure or retain.
19. Governing Law: This Agreement shall be governed by and construed and enforced under the laws of the State of Georgia without regard to conflicts of law principles.
20. Arbitration: Except as set forth herein, any dispute between MY1 or its affiliates and myself, including but not limited to, those arising out of or relating to this Agreement or the Policies and Procedures shall be exclusively resolved by binding arbitration. Arbitration shall occur in Athens, Georgia under the Commercial Rules of the American Arbitration Association. Each party shall be solely responsible for their own fees and costs. The arbitrator may award in addition to declaratory relief, contract damages and injunctive relief. An arbitration award may be enforced in any court of competent jurisdiction. This provision shall not prohibit either party from seeking or obtaining preliminary or permanent injunctive or other emergency relief in any court of competent jurisdiction.
21. Waiver of Class Action: As part of the consideration provided for the opportunity of being an MY1 Independent Member/Representative, I expressly waive and disclaim any right to bring any claim in any and all forums as a class action or submit any complaint or request to a private attorney general. I may not serve as a class representative or a member of a class in any litigation adverse to MY1 and/or SH.
22. Public Representation: I agree not to disseminate information in email, public forums or through any other media which could be perceived as derogatory or negative regarding SavingsHighway.com, My1DollarBusiness.com, it's owners or other SH and/or MY1 Independent Marketing Representatives. I agree and understand that violating these terms may result in SavingsHighway.com and My1DollarBusiness.com seeking legal damages from me.
23. Third Parties: I understand and agree that SH and MY1 are not responsible for the performance or claims of any third party, whether the third party provides a product, service or any other benefit.
24. Not a Discount Buying Organization: I agree and understand that MY1 is not a discount buying service organization. Although MY1 strives to provide our members with the lowest possible prices, the same goods and services offered by MY1 may be available at the same or lower prices from time to time in local stores or on the Internet. I understand that the goods and services available to MY1 members are provided by independent third party suppliers. I agree to look exclusively to the third party suppliers for customer services and all warranties and guarantees. I agree that in no event shall MY1 be liable to me or any other Member for any act, omission, warranty or guarantee as to products and services ordered by myself from a third party supplier.
25. Louisiana and Montana Residents Only: Louisiana residents arbitrate in Baton Rouge, Louisiana. Montana residents may cancel this Agreement within fifteen (15) days from the date of enrollment and receive full refund of all sums paid to MY1 less commissions received.
26. This Agreement, the MY1 IMR Compensation Plan and other terms and conditions of use which are incorporated herein by reference, constitute the entire agreement between the parties and supersede prior or existing oral or written agreements between the parties. No other additional promises, representations, guarantees or agreements of any kind, whether oral or written, shall be valid unless expressly agreed to in writing and signed by an authorized officer of MY1.
27. Any communication, notice or consent to be given under this Agreement by a party to the other party shall be in writing and shall be either (i) personally delivered; (ii) delivered by electronic communication, whether by posting on the My1DollarBusiness.com website, email or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested); (iii) delivered by registered or certified mail, postage
prepaid, return receipt requested; or (iv) delivered overnight express delivery service to the address provided in this Agreement. Any such communication, notice or consent shall be deemed to have been duly given or served on the date personally served if by personal service or overnight delivery, on the date of confirmed dispatch if by electronic communication, or on the date shown on the return receipt or other evidence of delivery, if mailed.
28. All rights, powers and remedies given to MY1 by this agreement are cumulative, not exclusive and in addition to any and all others and remedies provided by law. No failure or delay by MY1 to exercise any power or right under this Agreement or to insist upon strict compliance with any obligation or provision shall constitute a waiver of the MY1’s right to demand exact compliance therewith.
29. Severability: If under any applicable law or rule of any applicable jurisdiction, any provision of the Agreement is held to be invalid or unenforceable, the remainder of the Agreement will be interpreted as best to effect the intent of the parties hereto. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from the Agreement.
Effective Date: October 1, 2013
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