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TALK FUSION
Independent Associate Terms and Conditions
- I understand that as a Talk Fusion Associate:
| a. |
I have the right to offer for sale Talk Fusion products and services in accordance with these Terms and Conditions. |
| b. |
I have the right to enroll persons in Talk Fusion. |
| c. |
If qualified, I have the right to earn commissions pursuant to the Talk Fusion Compensation Plan. |
- I agree to present the Talk Fusion Marketing and Compensation Plan and Talk Fusion products and services as set forth in official Talk Fusion literature.
- I agree that as a Talk Fusion Associate I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Talk Fusion. 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 TALK FUSION FOR FEDERAL OR STATE TAX PURPOSES. Talk Fusion is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
- I have carefully read and agree to comply with the Talk Fusion Policies and Procedures, the Talk Fusion Marketing and Compensation Plan and the Talk Fusion Income Disclaimer all 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 Talk Fusion. I understand that the Talk Fusion Policies and Procedures, the Talk Fusion Marketing and Compensation Plan and/or the Talk Fusion Income Disclaimer may be amended at the sole discretion of Talk Fusion, and I agree to abide by all such amendments. Notification of amendments shall be posted on Talk Fusion’s website. Amendments shall become effective 30 days after publication. The continuation of my Talk Fusion business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
- An Associate may cancel this Agreement at any time, and for any reason, upon written notice to Talk Fusion at its principal business address. Talk Fusion may cancel this Agreement for any reason upon 30 days advance written notice to Associate. Montana Residents: A Montana resident may cancel his or her Associate Agreement within 15 days from the date of enrollment, and may return his or her Welcome Kit for a full refund, excluding shipping costs, within such time.
- I may not assign any rights or delegate my duties under the Agreement without the prior written consent of Talk Fusion. Any attempt to transfer or assign the Agreement without the express written consent of Talk Fusion renders the Agreement voidable at the option of Talk Fusion and may result in termination of my business.
- I understand that if I fail to comply with the terms of the Agreement, Talk Fusion may, at its discretion impose upon me disciplinary action 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.
- Talk Fusion, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release Talk Fusion and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Talk Fusion and its affiliates from all liability arising from or relating to the promotion or operation of my Talk Fusion business and any activities related to it (e.g., the presentation of Talk Fusion products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Talk Fusion for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
- The Agreement, in its current form and as the Talk Fusion Policies and Procedures, the Talk Fusion Marketing and Compensation Plan and/or the Talk Fusion Income Disclaimer may be amended in the future by Talk Fusion at its discretion, constitute the entire contract between Talk Fusion and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
- If any provision of the Agreement is held to be invalid or unenforceable, only such portion of the provision as is held to be invalid or unenforceable shall be severed from the Agreement and reformed only to the extent necessary to make it enforceable. The balance of the Agreement will remain in full force and effect.
- This Agreement shall be governed by the Law of the State of Florida, without regard to principles of conflicts of laws.
- Dispute resolution, jurisdiction and venue shall be governed as set forth in the Statement of Policies and Procedures. Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
- If an Associate wishes to bring an action against Talk Fusion for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Talk Fusion for such act or omission. Associate waives all claims that any other statutes of limitations applies.
- I authorize Talk Fusion to use my name, video, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
- A faxed copy of the Agreement shall be treated as an original in all respects.
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