1. I understand that as a MasterMind To Personal Power (hereafter referred to as MMTPP) Facilitator:
a. I have the right to sponsor friends, contacts and connections into my MMTPP MasterMind group in accordance with these Terms and Conditions.
b. If qualified, I have the right to earn commissions pursuant to the MMTPP Compensation Plan (hereafter referred to as the “MMTPP Plan”).
2. I agree to describe and represent the MMTPP Plan and services as required by the Policies and Procedures and other MMTPP guidelines.
3. I agree that as a MMTPP Facilitator I am an independent contractor, and not an employee, partner, legal representative, or franchisee of MMTPP. I agree that I will be solely responsible for paying all that I incur, 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 MMTPP FOR FEDERAL OR STATE TAX PURPOSES. MMTPP is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
4. I have carefully read and agree to comply with the Policies and Procedures and the MMTPP 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 commissions. I understand that these Terms and Conditions, the MMTPP Policies and Procedures, or the MMTPP Plan may be amended at the sole discretion of MMTPP, and I agree to abide by all such amendments. Notification of amendments shall be posted on MMTPP’s website or distributed in other reasonable commercial means. Amendments shall become effective 30 days after publication. The continuation of my MMTPP 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 for inactivity pursuant to the Policies and Procedures). If I fail to annually renew my MMTPP business or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Facilitator. I shall not be eligible to sell MMTPP products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or nonrenewal, 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. MMTPP reserves the right to terminate all Facilitator 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. Facilitator may cancel this Agreement at any time, and for any reason, upon written notice to MMTPP at its principal business address. MMTPP may cancel this Agreement for any reason upon 30 days advance written notice to Facilitator.
6. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of MMTPP. Any attempt to transfer or assign the Agreement without the express written consent of MMTPP renders the Agreement voidable at the option of MMTPP and may result in termination of my business.
7. I understand that if I fail to comply with the terms of the Agreement, MMTPP 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 commissions, whether or not the monthly dues for such bonuses or commissions have been completed.
8. MMTPP, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “Officers”), shall not be liable for, and I release MMTPP and its Officers from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release MMTPP and its affiliates from all liability arising from or relating to the promotion or operation of my MMTPP business and any activities related to it (e.g., the presentation of MMTPP services or the MMTPP Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify MMTPP for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
9. The Agreement, in its current form and as amended by MMTPP at its discretion, constitutes the entire contract between MMTPP 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 MMTPP of any breach of the Agreement must be in writing and signed by an authorized officer of MMTPP. Waiver by MMTPP 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 MMTPP, this Agreement, or MMTPP’s products or services, the rights and obligations of any independent Facilitator and MMTPP or any other claims or causes of action relating to the performance of any independent Associate or MMTPP under the Agreement shall be settled totally and finally by arbitration in Los Angeles County, California, or such other location as MMTPP 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 and the Federal Rules of Evidence shall apply. 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. Each party to the arbitration shall be responsible for its own 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 MMTPP 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 MMTPP’s 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 Los Angeles County, State of California, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
14. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
15. Montana Residents: A Montana resident may cancel his or her Facilitator Agreement within 15 days from the date of enrollment, and may receive a full refund of monthly dues within such time period.
16. If a Facilitator wishes to bring an action against MMTPP 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 MMTPP for such act or omission. Facilitator waives all claims that any other statutes of limitations applies.
17. I authorize MMTPP to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
18. A faxed copy of the Agreement shall be treated as an original in all respects.
19. If the listed Facilitator is a corporation, limited liability company, limited partnership or limited liability partnership, the Facilitator was duly formed under US federal law or the laws of a State thereof, or the laws of the country where the Facilitator resides.
Monthly dues AutoPay Terms & Conditions
1. By electing to participate in the MMTPP AutoPay Program, you authorize MMTPP to charge payment for your monthly dues to your credit card identified on the front of this Agreement.
2. Your AutoPay participation and payment authorization will remain in effect until you: (1) elect to alter or change any aspect thereof by submitting a new signed AutoPay Form; or (2) send, in writing, your cancellation to MMTPP by email, mail or fax to the email address, mailing address or fax number listed on the front of this Agreement (Notice must include your name, address, and Facilitator ID Number). Notice of cancellation must be received at least three (3) business days prior to your scheduled AutoPay payment in order to avoid charges for that month. If a cancellation notice is received within such time period, cancellation will become effective immediately.