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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
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