Buyer United

Buyer United Terms and Conditions

I hereby apply to become a Buyer United, Inc. (hereinafter “Company”) Member. As a Member, I understand and agree that:

1. I am of legal age (18) in the state in which I enter this agreement.
2. I shall become a Member upon acceptance of this application by the Company. As a Member, I shall have the right to purchase products and services through Buyer United, promote the sale of such services and products to other Members, sponsor others as Members (and there by build a marketing organization), and earn bonuses and commissions in accordance with the Companyʼs Commission Plan, which may be amended and changed from time to time.
3. I have carefully reviewed the Companyʼs Commission Plan and Policies and Procedures, both of which are incorporated into and made a part of these Terms & Conditions (these three documents shall collectively be referred to as the “Agreement”). I understand that I must be in good standing, not in violation of the Agreement, and the age of majority in my state of residence to be eligible for receipt of bonuses or commissions from Company. I understand that these Terms & Conditions, the Policies and Procedures, or the Commission Plan may be amended at the sole discretion of the Company, and I agree to abide by all such amendments. Notification of amendments shall be posted on Companyʼs website and mailed to all Members, and shall become effective 10 days after such notification. The continuation of my Membership or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
4. The term of this Agreement is one year, subject to prior cancellation or termination as provided in the Agreement. Members, who wish to continue their Memberships, must renew the Agreement annually. If I fail to annually renew the Agreement, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Member. I shall not be eligible to purchase products or services through Buyer United, sponsor others as Buyer United Members, promote the sale of products and services through Buyer United, and will not be eligible to receive commissions, bonuses, or other income through the Commission Plan. 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 purchases and other activities of my former downline organization.
5. A Member shall be entitled to cancel this Agreement at any time and for any reason upon writen notice to the Company at its principal business address. The Company may cancel this Agreement as provided in the Policies and Procedures or for any reason upon 30 days prior written notice to Member.
6. No products are sold into inventory for resale and subject to buy-back. The Company will buy back at 90% of net cost from a resigning Member unused and currently marketable sales aids purchased from the Company within 30 from the date of receipt of merchandise first ordered. The longer time periods and other terms of the buy-back laws of Maryland, Puerto Rico, Idaho, Montana, Oklahoma, Texas, Massachusetts, Georgia, Louisiana, and Wyoming will be honored. Additionally, Montana Members who cancel within 15 days are entitled to a 100% refund of any consideration given to participate.
7. Upon acceptance of this application by the Company, I will be an independent contractor and not an employee, partner, legal representative, or franchisee of the Company. I agree that I will be responsible for paying all expenses incurred by myself related to my Membership, including but not limited to, travel, food, lodging, secretarial, office, telephone, and other expenses. I UNDERSTAND THAT I WILL NOT BE TREATED AS AN EMPLOYEE OF THE COMPANY FOR FEDERAL OR STATE TAX PURPOSES. The Company is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA or taxes of any kind. It is my responsibility to pay all local, state, and federal taxes on any income generated through my participation in Buyer United.
8. I will not use the Companyʼs trade name and/or trademarks except as provided in the Policies and Procedures.
9. Member acknowledges that absolutely no fees or purchases have been or will be required from the Member for the rights to fully participate in Buyer United.
10. I agree to comply with all applicable federal, state, county and local laws, rules and regulations pertaining to this Agreement and my Membership and, at my own expense, make, execute or file all such reports and obtain such licenses as are required by law.
11. I understand that if I fail to comply with the terms of the Agreement, the Company 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 the 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.
12. The Company, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release the Company 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 the Company and its affiliates from all liability arising from or relating to my promotion of The Buyer United program and opportunity, and any activities related thereto (e.g., the presentation of the Companyʼs products, services, or Commission Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify the Company for any claims, demands, liability, judgments, damages, fines, penalties, attorney fees, or other awards arising from any conduct that I undertake in promoting Buyer United or operating my business.
13. This Agreement, in its current form and as amended by the Company at its discretion, constitutes the entire agreement between the Member and the Company. Any promises, representations, guaranties or agreements not expressly set forth in the Agreement are of no force or effect.
14. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of the Company. Any attempt to transfer or assign the Agreement without the express written consent of the Company renders the Agreement voidable at the option of the Company and may result in termination of my Member Agreement.
15. Any waiver by the Company of any breach of the Agreement must be in writing and signed by an authorized officer of the Company. Waiver by the Company of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
16. This Agreement shall be governed by and construed in accordance with the laws of the state of Alabama, without regard to principles of conflicts of laws. In the event of a dispute between a Member and the Company arising from or relating to the Agreement, or the rights and obligations of either party, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures.
17. The parties consent to jurisdiction and venue before any federal or state court in Shelby County, State of Alabama, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
18. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
19. If a Member wishes to bring an action against the Company 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 the Company for such act or omission. Member waives all claims that any other statute of limitations applies.
20. If any provision of this Agreement is held invalid, void, or voidable by an arbitrator or court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and to reflect the intent of the parties as nearly as possible. All other remaining provisions shall remain in full force and effect.
21. I acknowledge that I have read and understand and agree to the terms set forth in this Agreement.
22. This Agreement is not in force until accepted by the Company.