REWARD MEMBER AGREEMENT
- Authorization and Contract
By executing the Clubco Direct Reward Member Agreement (“Agreement”), you apply for legal authorization to become a Clubco Direct business owner and enter into contract with Clubco Direct, Inc, hereinafter “Clubco Direct.” You acknowledge that prior to signing you have received, read, and understood the Clubco Direct Income Disclosure Statement, that you have read and understood the Clubco Direct Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on ClubcoDirect.com; and that you have read and agree to all terms set forth in this Agreement. Clubco Direct reserves the right to reject any application for any reason within thirty (30) days of receipt.
- Expiration, Renewal, and Termination
The term of this Agreement is one year (subject to prior cancelation or disqualification as provided in the Policies and Procedures.) If you fail to annually renew your Clubco Direct business, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Reward Member. You shall not be eligible to sell Clubco Direct products and services, nor shall you be eligible to receive royalties, bonuses, or other income resulting from the activities of your former downline sales organization. In the event of cancelation, termination, or nonrenewal, you waive all rights you have, including, but not limited to, property rights, rights to your former downline organization and to any bonuses, commissions, or other remuneration derived through the sales and other activities of your business of your former downline organization. Clubco Direct reserves the right to terminate all Reward Member Agreements upon thirty (30) days’ notice if the Company elect to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Reward Members may cancel this Agreement at any time, and for any reason, upon written notice to Clubco Direct at its principal business address. Clubco Direct may cancel this Agreement for any reason upon thirty (30) days’ advance written notice to Reward Member. Clubco Direct may also take actions short of termination of the Agreement, if the Clubco Direct Reward Member breaches any of it provisions.
- Independent Contractor Status
You agree this authorization does not make you employee, agent, or legal representative of Clubco Direct or you Sponsoring Reward Member. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products and/or services available through Clubco Direct on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. You will receive IRS Form 1099-MICS reflecting the amount of income paid to you during the calendar year. By agreeing to these terms, you agree to receive the 1099-MISC form electronically. It will be your sole responsibility to account for such income on your individual income tax returns.
- Refunds and Product Returns: See Refunds and Returns Policy
The following outlines our Product Satisfaction Guarantee*
0-30 Days; Product may be returned within 30 Days after the original date of purchase (order date) for a full refund of the purchase price, excluding shipping.
31-60 Days: Unopened product may be returned within 31-60 days for a 90% refund of the purchase price, excluding shipping.
*Shipping costs associated with returning product are the responsibility of the customer/Reward Member returning the product and/or service. Any commissions and bonuses earned on the returned products will be deducted from the refund amount on all return transactions. Returned product may impact bonuses and commissions paid to the upline/sponsor. Reward Member must be in good standing.
- Presenting the Plan
You agree when presenting the Clubco Rewards Compensation Plan to present it in its entirety as outlined in official Clubco Direct minerals, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on downline volume. In presenting the plan to prospects, you agree not to utilize any literature, materials, or aids not produced or specifically authorized in writing by Clubco Direct. You agree to instruct all prospective Reward Members to review the Clubco Direct Income Disclosure Statement.
- Selling Product
You agree to make no representations or claims about any products and/or services beyond those shown on product labels and/or service agreements in the official Clubco Direct literature. In particular, no Reward Member may make any claim that Clubco Direct or Collection products are useful in the cure, treatment, diagnosis, mitigation, or prevention of any diseases. Such statements can be perceived as medical or drug claims. You further agree to sell products and/or services available through Clubco Direct only in authorized territories.
- Clubco Direct’s Proprietary Information and Trade Secrets
You recognize and agree that, as further set forth in the Policies and Procedures, information coupled by or maintained by Clubco Direct, including Line of Sponsorship (LOS) information (i.e. information that discloses or relates to all or part of the specific arrangement of sponsorship within the Clubco Direct business including, without limitation, Reward Member lists, sponsorship trees, and all Clubco Direct Reward Member information generated therefrom, in its present or future forms), constitutes a commercially advantageous, a trade secret. During the team of our contract with Clubco Direct, Clubco Direct grants you a personal, non-exclusive, non-transferable and revocable right to use tread secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and product developments, and Reward Members sales, earning and other financial reports to facilitate your Clubco Direct business.
- Non-Competition Agreement
In accordance with the Policies and Procedures, you agree that during the period while you are a Reward Member, and for six (6) months following resignation, non-renewal, or termination of your business, you will not compete with Clubco Direct. This covenant shall survive the expiration or termination of your authorization and contract with Clubco Direct.
- Non-Solicitation Agreement
In accordance with the Policies and Procedures, you agree that during the period while you are a Reward Member, and for one (1) calendar year following resignation, non-renewal, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other Clubco Direct Reward Member to compete with the business of Clubco Direct.
- No Violation of Previous Agreement
You agree that you are not currently in material breach of, and will not during the term of this Agreement be in material breach of, any other contract, obligation, or covenant that would affect your ability to perform hereunder, and a result of entering into this Agreement, will not materially breach any contract, obligation, or covenant (such as a covenant not to compete located in a prior agreement.)
- Images / Recordings / Consents
You agree to permit Clubco Direct to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by Clubco Direct for any lawful purpose, and without compensation.
- Modification of Terms
With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
- Jurisdiction and Governing Law
The formation, construction, interpretation, and enforceability of your contract with Clubco Direct as set forth in this Reward Member Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Utah without regard to conflict of law provisions. (Louisiana residents: notwithstanding the foregoing. Louisiana residents may bring an action against Clubco Direct, Inc with jurisdiction and venue as provided by Louisiana law.)
- Dispute Resolution
All disputes and claims relation to Clubco Direct, its products and services, the rights and obligations of a Reward Member and Clubco Direct, or any other claims or causes of action relating to the performance of either a Reward Members or Clubco Direct under the Agreement or the Clubco Direct Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Salt Lake City, Utah, or such other location as Clubco Direct prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall entitled to discovery rights allowed under the Federal Rules of Civil Procedure. Additionally, you agree not to initiate or participate in any class action proceeding against Clubco Direct, whether in a judicial or mediation or arbitration proceedings, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Clubco Direct form applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceedings or pending the rendition of a decision or award in connection with any arbitration or other proceedings.
- Time Limitation
If a Reward Member wishes to bring action against Clubco Direct for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. Reward Member waives all claims that any other statutes of limitations apply.
If any provision of the 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. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provision of the Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Clubco Direct and supersedes any prior agreements, understandings, and obligations between you and Clubco Direct concerning the subject matter of your contract with Clubco Direct.
- Notice of Right to Cancel
You may request a refund on your enrollment fee if it’s done within seven (7) business days from the date of enrollment. If you cancel, any enrollment fees paid will be returned with TEN (10) BUSINESS DAYS following receipt by the seller of your cancelation notice. To cancel this transaction, contact Clubco Direct Support by phone at 1-801-438-4732 or by email at support@ClubcoDirect.com no late than midnight of the seventh business day following the date of this Agreement.
- Submission of Electronic W-9
Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.