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Michael Lundgren - ID: 6942  
       
 

BIZ Terms and Conditions

1. I understand that as a BIZ Global Media Inc., (BIZ) Agency Owner:
a. I have the right to offer for sale BIZ products and services in accordance with these Terms and Conditions.
b. I have the right to enroll persons in BIZ.
c. If qualified, I have the right to earn commissions pursuant to the BIZ Agency Builder Income Plan.
2. I agree to present the BIZ Agency Owner Income Plan and BIZ products and services as set forth in official BIZ literature.
3. I agree that as a BIZ Agency Owner I am an independent contractor, and not an employee, partner, legal representative, or franchisee of BIZ. 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 BIZ FOR ANY PURPOSE.
4. I have carefully read and agree to comply with the BIZ Policies and Procedures and the BIZ Agency Owner Income Plan, both of which are incorporated into and made a part of these Terms and Conditions (these three 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 royalties from BIZ. I understand that these Terms and Conditions, the BIZ Policies and Procedures, or the BIZ Agency Owner Income Plan may be amended at the sole discretion of BIZ, and I agree to abide by all such amendments. Notification of amendments shall be posted on the BIZ website. Amendments shall become effective 30 days after publication. The continuation of my BIZ business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
5. The term of this Agreement is one year (subject to prior cancellation as provided in the Policies and Procedures). If I fail to annually renew my BIZ business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Agency Owner. I shall not be eligible to sell BIZ products and services nor shall I be eligible to receive royalties, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or non renewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. BIZ reserves the right to terminate all Agency Owner Agreements upon 30 days notice if the Company elects 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.
Agency Owner may cancel this Agreement at any time, and for any reason, upon written notice to BIZ at its principal business address.
6. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of BIZ. Any attempt to transfer or assign the Agreement without the express written consent of BIZ renders the Agreement voidable at the option of BIZ and may result in termination of my business.
7. I understand that if I fail to comply with the terms of the Agreement, BIZ 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 royalties, whether or not the sales for such bonuses or commissions have been completed.
8. BIZ, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as BIZ affiliates), shall not be liable for, and I release BIZ 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 BIZ and its affiliates from all liability arising from or relating to: (a) any Agency Owner breach of this Agreement or the Policies and Procedures; (b) the promotion or operation of a BIZ business by a Agency Owner and any activities related to it, including, but not limited to, the presentation of BIZ products or the BIZ Agency Owner Income Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc., and agree to indemnify BIZ for any liability, damages, fines, penalties, or other; (c) any incorrect data or information provided by a Agency Owner to BIZ; (d) an Agency Owners failure to provide any information or data necessary for BIZ to operate its business; or (e) awards arising from any unauthorized conduct that I undertake in operating my business.
9. The Agreement, in its current form and as amended by BIZ at its discretion, constitutes the entire contract between BIZ and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
10. Any waiver by BIZ of any breach of the Agreement must be in writing and signed by an authorized officer of BIZ. Waiver by BIZ of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
11. 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.
12. This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. All disputes and claims relating to BIZ, the Agency Owner Agreement, the BIZ Marketing and  compensation Plan or its products and services, the rights and obligations of an independent Agency Owner and BIZ, or any other claims or causes of action relating to the performance of either an independent Agency Owner or BIZ under the Agreement or the BIZ

Policies and Procedures shall be settled totally and finally by arbitration in Santa Ana, California, or such other location as BIZ 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 discovery rights allowed under the Federal Rules of Civil Procedure.  All issues related to arbitration shall be governed by the Federal Arbitration Act. 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 all 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 the Agreement shall prevent BIZ from 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 proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
13. The parties consent to jurisdiction and venue before any federal or state court in Orange County, State of California, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against BIZ with jurisdiction and venue as provided by Louisiana law.
14. If a Agency Owner wishes to bring an action against BIZ 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 BIZ for such act or omission. Agency Owner waives all claims that any other statutes of limitations apply.
15. I authorize BIZ to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
16. A faxed copy of the Agreement shall be treated as an original in all respects.
17. Montana residents: A Montana resident may cancel his or her Agency Owner Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period.
To contact BIZ regarding your Agency Ownership, send email to
support@bizglobalmedia.com