Effective July 16, 2023 

TERMS AND CONDITIONS FOR THE INDEPENDENT AFFILIATE OF BPARTNERS US

  1. Pursuant to the terms and conditions set forth herein, I hereby submit my Affiliate Application and Agreement to become an Independent Affiliate (hereinafter referred to as the “Affiliate”) of BPARTNERS US(hereinafter referred to as the “Company ”).
  1. The Company's Policies and Procedures and Compensation Plan are incorporated by reference into the terms and conditions of this Agreement, in their current form and as modified by the Company at its sole discretion. As used throughout this document, the term “Agreement” refers to this Affiliate Application and Agreement, the Policies and Procedures, and the Company Compensation Plan.
  1. This Agreement shall become effective on the date the Company accepts it. The contract sent will be formalized and executed from the date the Company accepts it, under the terms of article 80 of the Commercial Code. The original paper contract must be received by the Company within thirty (30) calendar days following its electronic submission, in order for me to be accepted as an Affiliate of the Company. If the Company does not receive the original Executed Agreement on paper and signed from me, I understand that this Agreement will be cancelled. Notwithstanding the foregoing, I acknowledge that my signature on the application will be deemed by the Company to be the original signature.
  1. Upon acceptance of this application, I understand that I will become an Affiliate of the Company and that I will be eligible to participate in the sale and integration of the Company's services and to receive commissions in connection with such sales in accordance with the Policies and Procedures and the Company Compensation Plan.
  1. I understand that as an Affiliate, I will be an independent contractor; either as a Physical Person who develops Business Activities or as a Legal Person. I UNDERSTAND AND AGREE THAT I WILL NOT BE TREATED AS AN EMPLOYEE OF THE COMPANY FOR PURPOSES OF FEDERAL OR STATE LEGISLATION nor will I be treated as an employee for purposes of tax, labor and social security laws of the United States of America. I understand and agree that as a natural person with business activities or as a legal entity, I will be responsible for paying all federal and state taxes applicable to the income I obtain from the development of my business activity. I also accept that the Company make the withholdings and full of the corresponding taxes in the event that it is required, depending on the tax regime to which I am subject. As an Affiliate of the Company, I will not have the right to act on behalf of the Company or to accept or enter into contracts with other persons on behalf of the Company, or to guarantee the services of the Company, except as established in the literature accepted by the company.
  1. I understand and agree that the income I earn in connection with this Agreement will consist solely of profits, commissions and/or bonuses from the sale of the Company's services. Since I will not be considered a sales driver, I will not receive any commission for the mere act of enrolling others in the program. I will not commit to others that any income may be received simply by enrolling others in the Company's business program.
  1. I agree that as an Affiliate I will operate legally, ethically and morally, in front of the general public to whom I offer the Company's services. I understand that as an Affiliate my conduct must be in the public interest and I will avoid any discourteous, deceptive, false and unethical practices. I further agree to abide by all federal, state or local laws governing the operation of my business and that of the Company.
  1. I understand, agree and acknowledge that I have not been guaranteed any income, nor have I been assured of any profit or success. I am free to set my own hours and determine my own location and methods of sale, within the guidelines and requirements of this Agreement, which means that I will not develop a permanent activity. I agree that I will be responsible for my own business expenses in connection with my activities as an Affiliate. Therefore, the Company accepts and I state that this commercial relationship will be exercised without any schedule or subordination.
  1. I certify that neither the Company nor my sponsor have made any guaranteed earnings claims or representations of expected earnings that may result from my efforts as an Affiliate. I understand that my success as an Affiliate comes from Retail Service Consumer sales, Preferred Service Consumer sales and developing network marketing. I understand and agree that I will not make any statements, disclosures or representations when selling Company services or sponsoring Preferred Service Customers, except as found in Company-approved literature.
  1. If I sponsor other Preferred Customers or other Affiliates, I agree to perform bona fide supervisory, onboarding, sales and training functions in connection with the sale of Company's services to the end user.
  1. I understand and agree that the Company may make changes to the Agreement at its sole discretion and that all such changes will be binding on me. All changes to the Agreement will be effective as of the date of their publication in official Company literature. The continuation of my business (purchase of Company services) or my acceptance of bonuses or commissions, constitutes my acceptance of any and all modifications that are made.
  1. I understand that my acceptance of this Agreement does not constitute the sale and/or acquisition of a franchise, that there are no exclusive territories or any other clauses of exclusivity granted to any person and that no franchise fees have been paid, nor that I have acquired any interest in securities or titles of credit for the acceptance of this Agreement.
  1. As an Affiliate of the Company, I may not assign any right, nor delegate any obligation derived from this Agreement, without the prior written consent of the Company. Any assignment not authorized by the Company will be annulled by it.
  1. The validity of this Contract is one year, from its acceptance by the Company. There is an annual renewal fee, which must be paid by the Affiliate on each anniversary date of this Agreement. All renewals will be subject to acceptance by the Company, and for this the Company will consider whether the Affiliate has complied with the "spirit" and the "letter" of the Company's rules, and that the Affiliate is operating its business ethically in accordance with the image and values ​​of the Company. Failure to renew will result in the cancellation of the Contract.
  1. I agree to indemnify and hold harmless the Company from any claim, damages and expenses, including attorneys' fees, arising from my actions or conduct, and that of my employees and agents, in violation of the Agreement. This Contract will be governed in accordance with the commercial legislation of United States of America.
  1. The parties renounce to claim mutually, any compensation or payment for indirect or consequential damages derived from any violation of the Contract.
  1. The parties agree that everything related to the interpretation, application and fulfillment of the Contract, will be under the jurisdiction of the competent courts in the country United States of America, Atlanta, GA, as well as the provisions of the Commercial Code, regardless of which one. your present or future domicile.
  1. I agree that for any violation or failure to comply with any term or provision of this Agreement, I may be subject to commercial sanctions, as specified in the Policies and Procedures, at the Company's discretion. Upon termination, voluntarily or involuntarily, of this Agreement, I agree that I will lose and expressly waive any and all rights, including ownership rights, to my former downline sales organization and to any bonuses, commissions, or other compensation resulting from the sales generated by myself or my previous downline sales organization.
  1. I ratify and accept that the correct data for my tax identification (Federal Taxpayer Registry) appear in this digital platform, Application and/or Contract. I also ratify and accept that my address and other personal data are those that appear in this digital platform, stating that I am aware of and agree with the Company's Privacy Notice.
  1. The Company shall be entitled to deduct and set off against my commissions, bonuses, or any other amounts due or to which I am entitled, any amounts due and unpaid for purchases of Company services, or any other amounts owed by me. to the Company.
  1. I have read this Agreement, acknowledge having received, read all documents incorporated by reference, and agree to abide by and be bound by the terms contained therein.
  1. Any waiver by Company to enforce this Agreement must be in writing and signed by a legal representative of Company. The Company's waiver of enforcement of this Agreement shall not be construed as a waiver of enforcement in the event of a new breach of this Agreement.

v.071623  bPartners US