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For Ladies Only Party, Inc.
Independent Romance Ambassador Agreement
This Agreement is made between the perspective Independent Romance Ambassador (henceforth known as the "Ambassador"), whose signature, name and address appear on this Agreement and the authorized independent For Ladies Only Party, Inc. representative (known as "Authorized Representative"). All parties hereby acknowledge and agree that For Ladies Only Party, Inc., with itfs principal place of business located at: 5521 West 51st Street, Tulsa, Oklahoma, 74107, shall have the authority to enforce these terms and conditions as specifically provided within, henceforth For Ladies Only Party, Inc. shall be referred to as the "Company".
TERMS & CONDITIONS
I agree to uphold with the highest integrity my independent "Ambassador" business and the "Company" by not making false, deceptive, or misleading actions or statements in any shape or manner. The "Ambassador" will display and endorse every aspect of their business with the utmost respect, professionalism, honesty and integrity. The "Ambassador" will agree to abide by all "Company" Policies, Procedures, Manuals, Guidelines, Programs, Rules and Regulations as set forth by the "Company".
Purchase "Company" products at the "Ambassador" wholesale price, I agree to abide by and register with the "Company" online system, purchase a "Company" kit, and agree to all provisions of this agreement.
Purchase and Sale
I , the "Ambassador", agree to sell and market the "Company" product line and business opportunity in strict compliance with the following terms and conditions:
1. Purchase "Company" products at the established "Ambassador" wholesale price solely for resale to my customers and as samples. The "Company" agrees to sell me these products, along with appropriate sale aids and business materials.
2. Present and sell the "Company" products through the "Company" party plan system/and or other integrated direct access channels (authorized, endorsed and only via the permission of the "Company.") Having the non-exclusive right to purchase from the "Company" and shall not sell the "Company" product line in (or from) any commercial or rented location, or in any other location that is not deemed a Home or Location of a "Hostess Party" without the express written permission of the "Company" (which the company may grant or hold in itfs discretion).
3. Purchase the "Company" products, sales aids and literature from the "Company" with the understanding that the "Company" unconditionally limits the sale of such products, sales aids, and literature to adults over the age of 18 years of age and it is the sole responsibility of the "Ambassador" to a) verify that the person(s) are 18 years old or older in age and b) Verify individuals age (those under the age of 18 years are not allowed to be on the premises while presenting the "Company" product line) and c) Take responsibility for understanding and comprehending all local city, state, and federal laws with regards to selling or presenting the "Company" product line and d) Failure to enforce any of limitations noted in a, b, or c will result in immediate termination of this Agreement.
4. I agree not to use the internet or other computer or any other computer/internet technology to market or sell the "Company" product line.
5. It is my sole responsibility that once I, the "Ambassador" have received a verifiable payment for the "Company" product line that is my responsibility to deliver such products or have products delivered (in the designated manner set out in the "Company" manuals) in a proficient, professional and expedient manner.
6. Neither party shall be responsible for any delay or failure in performance resulting from occurrence beyond their reasonable control, including but not limited toActs of God, war, terrorism, any kind of civil disturbance, power outages of: gas, electrical, water, or technological (including computer hosted servers), acts of government, labors, strikes, or lockouts.
I, the "Ambassador", agree not to use the "Company" trademarks in any way, shape or form without the "Companyfs" written prior permission. I recognize that the "Company" trademarks, logos, marks, proprietary marks, trade names, and copyrights, in whatever form, are the property of the "Company."
I, the "Ambassador", will be solely responsible for processing all product orders, sales aids orders and gifts or incentives, using the designated ordering process system as set forth by the "Company." I, the "Ambassador", will be assessed a minimum Delivery Charge and "Ambassador" cost for non-product orders such as business supplies, samples regardless of the method of submitting orders. I, the "Ambassador", understand that all orders are subject to acceptance by the "Company" at itfs offices in Tulsa, Oklahoma and are further subject to these terms and conditions. All sales are final. See the "Company" Policies and Procedures Manual for detailed information. The "Company" does have the right to refuse, hold or cancel any "Ambassador" order. The "Company" shall not be held liable or responsible for any delays in shipping. It is the sole responsibility of the "Ambassador" to learn how to submit their orders as set forth in the "Company" Policies, Procedures, Manuals, Guidelines, Programs, Rules and Regulations.
I, the "Ambassador", understand that at the time an order is placed with the "Company" full payment is due. I understand that I, the "Ambassador", may accept payment, from customers for purchases, in the form of my choosing i.e., cash, check, credit card, debit card, money order or cashiers check. I, "Ambassador", further understand that the "Company" will only accept payment for products ordered as stated in the "Company" Policies, Procedures, Manuals, Guidelines, Programs, Rules and Regulations at the "Ambassador" wholesale price then in effect. I, the "Ambassador" understand that I assume the risk of non-collection from checks (or charge backs from credit/banking cards) in the event that they are dishonored. See the "Company" Policies, Procedures, Manuals, Guidelines, Programs, Rules and Regulations.
Expectations/Ethics/Rules & Regulations
1) I, the "Ambassador" accept the privilege and responsibility for maintaining the integrity, reputation and brand image of the "Company".
2) I , the "Ambassador" agree that the "Company" products, logo, signs or trademarks will not be displayed, promoted, advertised or sold in conjunction with any other products whatsoever.
3) I, the "Ambassador", agree to adhere and comply with all "Company" established program guidelines and procedures. I , the "Ambassador" understand that failure to adhere and comply with such program guidelines and procedures may result in suspension and or termination of all of my "Ambassador" privileges and I , the "Ambassador" will accept all expenses that will occur due to the loss of being suspended or terminated as a result of my failure (including but not limited to any attorney fees, legal costs/fees, punitive, or liquidated damages.)
4) I, the "Ambassador" agree not to submit any false or fraudulent information to the "Company" (i.e., to receive any prize, award, bonus or commission payment) or make any material misrepresentation of the fact to "Company" with regards to my "Ambassador" business.
5) I, the "Ambassador", agree not now, nor ever in the future at any time display, announce, post, write, state, print, speak ill of, or slander the "Company" or any "Authorized Representative" of the "Company" in any form or fashion, (including but not limited to postings on the internet, postings on facebook, twitter) or any medium that is now or ever will be in existence.
Indemnification/Limitation of Liability
I, the "Ambassador", will indemnify, defend and hold harmless the "Company" itfs officers, directors, shareholders, agents, employees and affiliates from and against any claims, liabilities, misrepresentation, act, negligence, misconduct, failure to perform, intentional act or omission arising out of, or related to, the "Ambassador" promoting or selling of the "Company" goods or programs to any party (i.e., customers, hosts, consumers, recruits, down line, etc.) and all damages and costs awarded or paid in settlement thereof and reasonable attorneys feesf with respect thereto. I, the "Ambassador", or any agent or representative representing the "Ambassador" agree to pay all of the (including but not limited to) attorney fees, court costs and legal expenses if the "Company" files any legal action to enforce any part of this contract.
FOR LADIES ONLY PARTY, INC (the "Company") DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULL EXTENT ALLOWED BY LAW, FOR LADIES ONLY PARTY, INC. (the "Company") SHALL IN NO EVENT BE HELD LIABLE, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF FOR LADIES ONLY PARTY, INC. (the "Company") HAS BEEN APRISED OF OR COULD HAVE REASONABLY FORSEEN THE POSSIBILITY OF SUCH DAMAGES), SUCH AS BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR BUSINESS, COSTS OF DELAY, AND IN NO EVENT SHALL FOR LADIES ONLY PARTY, INC. (the "Company") AGGREGATE LIABILITY TO AMBASSADOR OR OTHERS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO FOR LADIES ONLY PARTY, INC. (the "Company") BY THE "AMBASSADOR" DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE THE CAUSE OF ACTION AROSE OR REASONABLY SHOULD HAVE BEEN DISCOVERED, FOR THE PRODUCT DIRECTLY RELATED TO THE LIABILITY.
Character of the Relationship
It is agreed between both parties that I, the "Ambassador", am an independent contractor not an employee, agent or representative of the "Company" and will not be treated as such with respect to such services as for federal and state income tax purposes. I, the "Ambassador", acknowledge and agree that all income taxes are my personal responsibility and that I, the "Ambassador", am not eligible for unemployment or workersf compensation benefits. I, the "Ambassador", accept the responsibility for complying with any and all local business licensing, zoning, or other requirements imposed on the ownership/operation of a For Ladies Only Party, Inc. independent "Ambassador" business. I, the "Ambassador", agree that the rights of privileges of an independent "Ambassador" status are assigned to me and are nontransferable to any other party. I , the "Ambassador", acknowledge and agree that I , the "Ambassador", cannot transfer or move to another recruiter or any other "Ambassador" unless I have been inactive for twelve months from the date of my last order. I, the "Ambassador", further understand that if my recruiter/up line is repositioned that I , the "Ambassador", may be repositioned to another "Company" leader or mentor not of my own choosing.
The "Company" policies, procedures and guidelines may be changed without notice at anytime. This agreement can be terminated by either party without cause and the "Company" reserves the right to terminate this Agreement for breach of any provision or misconduct. I, the "Ambassador", understand that in the event of this Agreement being terminated by either party, I , the "Ambassador" forfeit all monies (including but not limited to bonusf , commissions, overrides, prizes, incentives, trips, etc.) accrued or earned.
Confidentiality and Copyrights
The "Company" has and will continue to release publications, i.e., Policies and Procedures Guide, Incentives, Training Materials, etc., these are the property of the "Company" and are made available online to "Ambassadors" only. These materials are considered proprietary and considered trade secrets and/or confidential information of the "Company" and is protected by copyright, trade secret and (not limited to) proprietary laws. The information, publications and materials are deemed confidential and shall not be released to any third party. This information is for the use of the "Ambassador" only during such period of their relationship with the "Company" (governed by the permissions in this agreement) and will never be discussed or distributed to any other party whatsoever, other than the "Company", other authorized "Company" "Ambassador" or the legal counsel of the "Distributor" (and I, the "Ambassador", will only discuss and disclose confidential information with a lawyer engaged to provide legal advice with regard to my "Ambassador" business because of a conflict with the "Company".)
Privacy Rights and Restrictions
I, the "Ambassador", will not engage in dispersing or disclosing any information about emails, phone numbers, address, or any information regarding any other "Ambassador" or "Company" customers, clients, vendors, partners, associates or hosts (that are currently now, in the past, or will ever be) other than with the "Company". The "Company" may disclose a "Ambassador" name and contact information to "Company" customers and potential new "Ambassadors". The "Company" may use the "Ambassadorfs" name, quotes, or photographs in "Company" publications in association with "Company" recognition, rewards and internal "Company" promotions.
During the relationship of the "Company" and the "Ambassador" and up to a term of one year after the termination of the relationship the"Ambassador" shall not: A) engage in a business similar to the "Company" business, including owning, operating, organizing, managing, directing, supervising, coaching, counseling, consulting, advising or otherwise being associated with or employed by. B) Solicit any "Ambassador" or associate, vendor, or employee, clients, customers or hosts to become any kind of entity whatsoever for any other like company that is similar to the "Company." If the "Ambassador" breaches this provision, then in addition to any legal or equitable action, the "Company" will seek the highest compensation possible for the loss up numeration, damages and compensation for such actions and the "Ambassador" will be solely responsible for any kind of fee that is associated with that collection, including but not limited to attorney or legal fees.
Certify that the information I am presenting within this agreement is correct, that I , the "Ambassador", am of legal age, and that I, the "Ambassador", understand and accept the terms and conditions of this Agreement and will abide by all "Company" Policies, Procedures, Manuals, Guidelines, Programs, Rules and Regulations.