Terms & Conditions
1. I understand that as a Sixtus USA (“Sixtus USA”) Independent Consultant:
a. I have the right to sell Sixtus USA products in accordance with these Terms.
b. I have the right to enroll persons Sixtus USA.
c. I will support and train Sixtus USA Independent Consultants who I sponsor.
d. I will comply with all federal; state, county and municipal laws, ordinances, rules, and regulations, and shall make all reports and payments as may be required by any federal, state, county or municipal law, ordinance, rule or regulation.
e. I will perform my obligations as a Sixtus USA Independent Consultant with honesty and integrity.
2. I agree that as a Sixtus USA Independent Consultant I am an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of Sixtus USA. I shall 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 SIXTUS USA FOR FEDERAL OR STATE TAX PURPOSES.
3. I have carefully read and agree to comply with the Sixtus USA Policies and Procedures and the Sixtus USA Success Plan, the Sixtus USA Code of Ethics, and Sixtus USA’s Privacy Policy, all of which are incorporated into and made a part of these Terms and Conditions (collectively referred to as the “Agreement”). I understand that I must be in good standing, and not in violation of any of the terms of the Agreement, to be eligible to receive remuneration from Sixtus USA. Sixtus USA may amend the Agreement at its sole discretion.
Amendments shall be effective 30 days after notice of the amendment is published in commercially reasonable fashion, which includes, but is not limited to, posting online at the Internet Consultants section of arbonne.com. If I do not agree to any amendment, I shall cancel my Sixtus USA Independent Consultant Agreement in writing no later than the effective date of the amendment.
4. The term of this Agreement is one year. If I fail to annually renew my Sixtus USA business, or if it is canceled or terminated for any reason, I will permanently lose all rights as a Sixtus USA Independent Consultant. I shall not be eligible to sell Sixtus USA products and services nor shall I be eligible to receive remuneration resulting from the activities of myself or my former downline sales organization. In the event of cancellation, termination or nonrenewal, I agree to waive all rights, 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.
Sixtus USA reserves the right to terminate all Sixtus USA Independent Consultant Agreements upon 30 days notice if the Company elects to cease business operations or dissolve as a business entity.
5. I may not assign any rights or delegate my duties under this Agreement without the prior written consent of Sixtus USA. Any attempt to transfer or assign this Agreement without the written consent of Sixtus USA renders this Agreement voidable at the option of Sixtus USA and may result in termination of my business.
6. I understand that if I fail to comply with the terms of the Agreement, Sixtus USA may, at its discretion impose upon me disciplinary sanctions 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 commissions, whether or not the sales for such bonuses or commissions have been completed.
7. Sixtus USA, its directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I waive all claims to, consequential and exemplary damages against Sixtus USA and its affiliates. I further agree to release Sixtus USA and its affiliates from all liability arising from or relating to the promotion or operation of my Sixtus USA business and any activities related to it (e.g., the presentation of Sixtus USA products or Success Plan and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and I agree to indemnify Sixtus USA and its affiliates for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
8. The Agreement, in its current form and as amended by Sixtus USA at its discretion, constitutes the entire contract between Sixtus USA and myself. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect.
9. Any waiver by Sixtus USA of any breach of this Agreement must be in writing and signed by an authorized officer of Sixtus USA. Waiver by Sixtus USA of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
10. 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.
11. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware without regard to principles of conflicts of laws. All disputes and claims relating to or arising from the Agreement, the rights and obligations of an Sixtus USA Independent Consultant, or any other claims or causes of action relating to the performance of either an Sixtus USA Independent Consultant or Sixtus USA under the Agreement shall be settled as specified in Sixtus USA’s Mediation and Arbitration Policy contained in Sixtus USA’s Policies and Procedures. Sixtus USA Independent CONSULTANT WAIVES ALL RIGHTS TO A COURT OR JURY TRIAL EXCEPT AS SPECIFIED BELOW AND IN Sixtus USA’S POLICIES AND PROCEDURES.
12. 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, for equitable relief, or any other matter not subject to arbitration as specified in the Policies and Procedures.
13. Louisiana Residents Only: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
14. Montana Residents Only: A Montana Resident may cancel this Sixtus USA Independent Consultant Agreement within 15 days of the date of enrollment and may return the Sixtus USA Preferred Client or Consultant Starter Kit for a full refund within such time.
15. If an Sixtus USA Independent Consultant wishes to bring an arbitration action against Sixtus USA for any act or omission relating to or arising from 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 such time shall bar all claims against Sixtus USA for such act or omission. Sixtus USA Independent Consultant waives all claims that any other statutes of limitations applies.
16. I authorize Sixtus USA to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
17. A faxed copy of this Agreement shall be treated as an original in all respects.
NOTICE OF RIGHT TO CANCEL
Date of Transaction _____________________________
Sixtus USA ID _____________________________
