1. 1. I understand that as an Prepare Then Share, LLC
Advocate:
a) I have the right to sell Prepare Then Share, LLC
products on behalf of Prepare Then Share, LLC in accordance
with these Terms and Conditions.
b) I have the right to enroll persons in Prepare
Then Share, LLC.
c) I will train and motivate the Advocates in my downline
marketing organization.
d) I will comply with all federal, state, county and
municipal laws, ordinances, rules, and regulations, and shall make all
reports and remit all withholdings or other deductions as may be required by
any federal, state, county or municipal law, ordinance, rule or regulation.
e) I will perform my obligations as an Advocate with
honesty and integrity.
f) I will only use the contracts and order forms which
are provided by Prepare Then Share, LLC for the distribution
of Prepare Then Share, LLC products and enrollment of
Advocates, and I will follow all Policies and Procedures established by
Prepare Then Share, LLC for the completion and processing of such
contracts and orders.
2. I agree to present the Prepare Then Share, LLC
Compensation Plan and Prepare Then Share, LLC products and
services as set forth in official Prepare Then Share, LLC
literature.
3. I agree that as a Prepare Then Share, LLC
Advocate I am an independent contractor, and not an employee, agent, partner,
legal representative, or franchisee of Prepare Then Share, LLC.
4. I am not authorized to and will not incur any debt,
expense, obligation, or open any checking account on behalf of, for, or in the
name of Prepare Then Share, LLC.
5. I understand that I shall control the manner and means
by which I operate my Prepare Then Share, LLC business, subject
to my compliance with these Terms and Conditions, the Prepare Then
Share, LLC Policies and Procedures and the Prepare Then Share,
LLC Compensation Plan (all of which are collectively referred to as
the "Agreement").
6. 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 PREPARE THEN
SHARE, LLC FOR FEDERAL OR STATE TAX PURPOSES. Prepare Then
Share, LLC is not responsible for withholding, and shall not withhold
or deduct from my bonuses and commissions (hereafter referred to as
Compensation), if any, FICA, or taxes of any kind, unless such withholding
becomes legally required. I agree to be bound by all sales tax collection
agreements between Prepare Then Share, LLC and all appropriate
taxing jurisdictions, and all related rules and procedures.
7. I have carefully read and agree to comply with the
Prepare Then Share, LLC Policies and Procedures and the
Prepare Then Share, LLC Compensation Plan, both of which are
incorporated into and made a part of these Terms and Conditions (available at
www.preparethenshare.com). I understand that I must be in good standing,
and not in violation of any of the terms of this Agreement, in order to be
eligible to receive any bonuses or Compensation from Prepare Then Share,
LLC. I understand that these Terms and Conditions, the Prepare
Then Share, LLC Policies and Procedures, or the Prepare Then
Share, LLC Compensation Plan may be amended at the sole discretion of
Prepare Then Share, LLC, and I agree that any such amendment
will apply to me. Notification of amendments shall be published in official
Prepare Then Share, LLC materials. The continuation of my
Prepare Then Share, LLC business or my acceptance of bonuses or
Compensation shall constitute my acceptance of any and all amendments.
8. The term of this agreement is one year. If I fail to
annually renew my Prepare Then Share, LLC business, or if it is
canceled or terminated for any reason, I understand that I will permanently
lose all rights as an Advocate. I shall not be eligible to sell product on
behalf of Prepare Then Share, LLC and nor shall I be eligible to
receive Compensation, bonuses, or other income resulting from the activities
of my former downline sales organization. In the event of cancellation,
termination or non-renewal, I agree to waive all rights I have, including but
not limited to property rights, to my former downline organization and to any
bonuses, Compensation or other remuneration derived through the activities of
my former downline organization.
9. I may not assign any rights or delegate my duties under
this Agreement without the prior written consent of Prepare Then Share,
LLC. Any attempt to transfer or assign this Agreement without the
express written consent of Prepare Then Share, LLC renders this
Agreement void at the option of Prepare Then Share, LLC and may
result in termination of my business.
10. I understand that if I fail to comply with the terms of
this Agreement, Prepare Then Share, LLC 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 this Agreement at
termination, I shall not be entitled to receive any further bonuses or
Compensation, whether or not the sales for such bonuses or Compensation have
been completed. If I fail to pay for products or services when payment is due,
I authorize Prepare Then Share, LLC to withhold the appropriate
amounts from my bonus or commission checks, to charge my credit cards, or
debit my checking accounts, if any, which I have authorized Prepare Then
Share, LLC to charge. I understand that the failure to promptly pay
for products constitutes a breach of this Agreement.
11. Prepare Then Share, LLC, its directors,
officers, shareholders, employees, assigns, and agents (collectively referred
as "affiliates"), shall not be liable for, and I release Prepare Then
Share, LLC and its affiliates from, and waive all claims for
consequential and exemplary damages. I further release Prepare Then
Share, LLC and its affiliates from all liability arising from or
relating to the promotion or operation of my Prepare Then Share, LLC
business and any activities related to it (e.g., the presentation of
Prepare Then Share, LLC products or Compensation Plan, the operation
of a motor vehicle, the lease of meeting or training facilities, etc.).
12. This Agreement, in its current form and as amended by
Prepare Then Share, LLC at its discretion, constitutes the
entire contract between Prepare Then Share, LLC and myself. Any
promises, representations, offers, or other communications not expressly set
forth in this Agreement are of no force or effect. To the extent of any
conflict or inconsistency between this Agreement and any other agreement
(other than the Policies and Procedures and Compensation Plan), this Advocate
Application and Agreement shall supersede and prevail over any term of any
other agreement as to the matters addressed herein. To the extent of any
conflict or inconsistency between this Agreement and the Policies and
Procedures (in their current form or as subsequently modified), the Policies
and Procedures shall in all instances supersede and prevail over any term of
this Agreement as to the matters addressed herein.
13. Any waiver by Prepare Then Share, LLC of
any breach of this Agreement must be in writing and signed by an authorized
officer of Prepare Then Share, LLC. Waiver by Prepare Then
Share, LLC of any breach of this Agreement by me shall not operate or
be construed as a waiver of any subsequent breach.
14. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable and the balance of the Agreement will remain
in full force and effect.
15. This Agreement will be governed by and construed in
accordance with the laws of the State of Idaho, unless the laws of the state
in which I reside expressly require the application of its laws to this
transaction (in which case such state law shall govern). All disputes and
claims relating to Prepare Then Share, LLC, the Advocate
Agreement, the Prepare Then Share, LLC Compensation Plan or its
products and services, the rights and obligations of an independent Advocate
and Prepare Then Share, LLC, or any other claims or causes of
action relating to the performance of either an independent Advocate or
Prepare Then Share, LLC under the Agreement or the Prepare Then
Share, LLC Policies and Procedures shall be settled totally and
finally by arbitration in Idaho Falls, Idaho or such other location as
Prepare Then Share, LLC prescribes, in accordance with the Federal
Arbitration Act and the Commercial Arbitration Rules of the American
Arbitration Association, except that all parties shall be entitled to all
discovery rights allowed under the Federal Rules of Civil Procedure. All
issues related to arbitration shall be governed by the Federal Arbitration
Act. If an Advocate wishes to bring an action against Prepare Then
Share, LLC for any act or omission relating to or arising form this
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 one year shall bar all claims against Prepare Then Share,
LLC for such act or omission. Advocate waives all claims that any
other statute of limitation applies. If an Advocate files a claim or
counterclaim against Prepare Then Share, LLC, an Advocate shall
do so on an individual basis and not with any other Advocate or as part of a
class action. The decision of the arbitrator shall be final and binding on the
parties and may, if necessary, be reduced to a judgment in any court of
competent jurisdiction. The prevailing party shall be entitled to receive from
the losing party costs and expenses of arbitration, including legal and filing
fees. This agreement to arbitrate shall survive any termination or expiration
of the Agreement. Nothing in this Agreement or the Policies and Procedures
shall prevent Prepare Then Share, LLC from applying to and
obtaining from any court having jurisdiction a writ of attachment, a temporary
injunction, preliminary injunction, permanent injunction or other relief
available to safeguard and protect all Prepare Then Share, LLC
interest prior to, during or following the filing of any arbitration or other
proceeding or pending the rendition of a decision or award in connection with
any arbitration or other proceeding.
16. The parties consent to jurisdiction and venue before
any federal or state court in Teton County, State of Idaho for purposes of
enforcing an award by an arbitrator or any other matter not subject to
arbitration. If the law of the state in which the applicant resides prohibits
consensual jurisdiction and venue provisions for purposes of arbitration and
litigation, that state's law shall govern issues relating to jurisdiction and
venue.
17. I authorize Prepare Then Share, LLC to
use my name, photograph, personal story and/or likeness in advertising or
promotional materials and waive all claims for remuneration for such use.