AccessibleNet Associate
Agreement Terms and Conditions:
This agreement can only be completed by the
new associate.
I understand that there is no further requirements beyond filing of this application to become an Associate other than the purchase of a Team Accessible Membership.
My advancement to higher levels in the
ACCESSIBLENET Compensation Plan is based solely upon the acquisition of
customers through product and service sales. I acknowledge that any
purchase of sales aids, training materials or training is strictly
voluntary. I also understand that if I choose to sponsor others to
participate in ACCESSIBLENET's Compensation Plan, I will not receive
any compensation whatsoever for the act of sponsoring or recruiting,
and that I will be compensated based upon the activities of other
Associates only to the extent of sales made by them to end customers. I
acknowledge that if I am executing this Agreement on behalf of a
company of any kind, I nevertheless remain personally responsible for
the performance of all the duties and obligations described in this
Agreement.
For purposes of these Terms, ACCESSIBLENET, Butler
New Media, LLC., its parents, subsidiaries and affiliates shall be
referred to as "ACCESSIBLENET".
1. I, the undersigned Applicant, affirm that I am of legal age in the
state of execution of this Agreement.
2. I understand that this Agreement is not binding until received and
accepted by ACCESSIBLENET. I agree to timely pay for any products,
materials, services or other items that I purchase from ACCESSIBLENET.
In the event that I am delinquent with respect to such payments, I
acknowledge that ACCESSIBLENET may offset such debt from any monies
owing to me under its Compensation Program.
3. I agree that I am an associate responsible for my own business and
not an agent, legal representative or employee of ACCESSIBLENET or any
party with whom ACCESSIBLENET transacts or contracts business. I agree
that I will not be representing in any manner, that I am an agent,
representative, legal representative or employee of ACCESSIBLENET or
any party with whom ACCESSIBLENET transacts or contracts business and
will not be treated as an employee for purposes of any federal, state
or local statute, regulation, ordinance or other law.
4. I may terminate this Agreement for any reason, at any time, by
giving ACCESSIBLENET prior written notice at its address of record.
ACCESSIBLENET may terminate this Agreement pursuant to its Policies and
Procedures or in the event that I breach any part of this
Agreement.
5. Upon request or written notice of termination of this Agreement
pursuant to the procedures set forth by Paragraph 4 ACCESSIBLENET will
stop future monthly billing for the purchased Team Accessible
Membership. The associate/customer will not be eligible for a refund.
6. I acknowledge that as an Associate, I am not guaranteed any income
nor am I assured any profits or success, and I certify that no claims
of guaranteed profits or representations of expected earnings that
might result from my efforts as an Associate have been made by
ACCESSIBLENET or my sponsor. In this connection, I shall not represent
directly or indirectly that any person may, can or will earn any stated
gross or net amount nor that sponsorship of other Associates is easy to
secure or retain or that substantially all Associates will
succeed.
7. I understand that ACCESSIBLENET offers various services in different markets and, based on business conditions, certain services or the markets where the services are offered may change from time to time without notice. Further, I understand that ACCESSIBLENET strongly recommends the marketing of all available services by Associates to their prospective customers.
8. ACCESSIBLENET's renewal fee commences on the Associate's monthly anniversary date. The monthly fee is for services provided by ACCESSIBLENET which include but are not limited to tracking of personal customers, tracking of downline Associates and accounting services. Each month the Associate’s Team Accessible Membership is automatically renewed each month. If for some reason the Team Accessible fee cannot be charged by ACCESSIBLENET, the associate must rectify this situation no later than 30 days after the Associate's anniversary date or deactivation of the Associate position will occur, resulting in the forfeiture of bonuses, commissions or other payments from ACCESSIBLENET. There is no fee to process any payments made to Associates.
9. I acknowledge that my Associate relationship is with ACCESSIBLENET and not with any subcontractor, supplier, or service provider with whom ACCESSIBLENET transacts or conducts business.
10. In the process of selling or otherwise promoting the products or services that ACCESSIBLENET markets, I agree that I, as an Associate, will operate in a lawful, ethical and moral manner and I agree to make no false or misleading statements regarding the various relationships between ACCESSIBLENET, the said subcontractor/supplier/service provider(s) or me and the products or services. I agree not to recruit new Associates on the basis of promoting the sale of any one service offered by ACCESSIBLENET and that I shall follow the company's recommended practices of promoting and selling all services. I specifically acknowledge that I shall not engage in the slamming of a customer.
11. I understand that during any investigation by ACCESSIBLENET with respect to my breach of this Agreement and/or ACCESSIBLENET's Policies and Procedures, my associate ship may be suspended by ACCESSIBLENET and any payments which may be otherwise owing to me shall be escrowed until final resolution has been achieved. I acknowledge that in the event of my violation of this Agreement and/or ACCESSIBLENET's Policies and Procedures my associateship rights may be terminated without further receipt of commissions or payments of any kind.
12. I agree to keep accurate records and shall not engage in or perform any misleading, deceptive or unethical practices. I further agree to abide by all federal, state and local laws and regulations governing the sale or solicitation of the products and services marketed by ACCESSIBLENET and/or its subcontractors/supplier/service provider(s), including but not limited to, any and all permits and licenses required to perform under this Agreement.
13. Neither ACCESSIBLENET nor any supplier/subcontractor/service provider companies with whom ACCESSIBLENET transacts or contracts business shall be liable under any circumstances for any damage or loss of any kind, including indirect, special, punitive, compensatory, or consequential damages, losses or profits which may result from any cause, including but not limited to, breach of warranty, delay, act, error or omission of ACCESSIBLENET or any subcontractor/supplier/service provider(s), or in the event of discontinuation or modification of a product or service by ACCESSIBLENET or its subcontractors/suppliers/service provider(s). I understand that the obligations of ACCESSIBLENET and/or its subcontractors/suppliers/service provider(s) are limited to the performance of best efforts to process customer orders for acceptance and approval of requested services.
14. I understand that as an Associate, I am free to select my own means, methods and manner of operation and that I am free to choose the hours and location of my activities under this Agreement, subject only to the terms of this Agreement and all ACCESSIBLENET Policies and Procedures.
15. I acknowledge that ACCESSIBLENET markets products and services to end customers at prices established by ACCESSIBLENET or its subcontractors/suppliers/service provider(s) from time to time and that those products, services and prices shall be subject to change without prior notice.
16. I acknowledge that I am responsible for supervising and supporting Associates in my downline. I agree to maintain regular communication in support of my downline associates through verbal and written communications.
17. ACCESSIBLENET shall periodically make various sales literature, promotion materials, training and other products or services available. I, however, am under no obligation to purchase any quantities of those materials or services at any time. Rather, I will have the option to order and purchase any materials or services, which I may choose. If I choose to purchase such materials I understand that I am not eligible for any refund from ACCESSIBLENET for the purchase of these materials.
18. I acknowledge that I have the right to sign up as many personal customers as I wish. For each personal customer signed, I will receive a commission each month from my personal customers' Team Accessible payments and from my network of Associates in accord with the currently valid ACCESSIBLENET Compensation Plan. ACCESSIBLENET reserves the right to vary or change eligibility as set out in the compensation plan. Any other payments I receive will be based upon fulfilling certain terms of qualification as set forth by the ACCESSIBLENET Compensation Plan. I agree that as an ACCESSIBLENET Associate, I shall place primary emphasis upon the sale of accessibility services to nondistributor customers as a condition of my receipt of commissions. Under certain circumstances, commission rates may be adjusted for promotional products or negotiated pricing. I agree that any payments made to me by ACCESSIBLENET in check form that remain uncashed by me after two (2) months from the date on the check are forfeited by me and thereafter are the property of ACCESSIBLENET.
19. I agree to indemnify and hold ACCESSIBLENET, its shareholders, directors, officers and employees harmless from any and all claims, damages, and expenses, including any attorney's fees, arising out of my actions or conduct in violation of this Agreement. In the event a dispute shall arise between myself and ACCESSIBLENET as to our respective rights, duties and obligations arising out of or relating to this Agreement, and the Policies and Procedures of ACCESSIBLENET it is agreed that such disputes shall be exclusively resolved through binding arbitration before the American Arbitration Association pursuant to the Commercial Rules of Arbitration. The arbitration shall be held in Conyers, Georgia before a panel of three arbitrators, each side choosing one and then the two choosing the third. All claims hereunder must be brought within two (2) years of the date on which the facts or circumstances giving rise to the claim are alleged to have happened. The laws of the state of Georgia will apply to the resolution of the dispute unless otherwise agreed in writing. The award of the arbitrator shall be final and may be entered in any court of competent jurisdiction. This provision shall not restrict ACCESSIBLENET from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction.
20. I acknowledge that I have received the ACCESSIBLENET Policies and Procedures. I understand and agree that the Policies and Procedures are binding upon me. I further acknowledge that ACCESSIBLENET fully reserves its right to modify this Agreement, the ACCESSIBLENET Policies and Procedures and its Compensation Plan at any time by providing me with written notification or verbal communication through the ACCESSIBLENET website (www.AccessibleNet.com) or such modifications through other written or verbal communication from ACCESSIBLENET. For purposes of this Agreement, my address as indicated on this Agreement shall be deemed to be my correct address unless and until written notification of a change of address is provided by me to ACCESSIBLENET.
21. I acknowledge that this Agreement, the Compensation Plan and the ACCESSIBLENET Policies and Procedures incorporated herein by references constitute the entire Agreement between the parties hereto and shall not be modified or amended except as described in item 20 above. This Agreement shall be binding upon and inure to the benefit of Associates, successors and permitted assigns of the parties hereto. If any provision of the Agreement is determined by any authority of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason whatsoever, the validity of the remaining provision or portions thereof shall not be affected thereby.
22. I acknowledge that the Compensation Plan is based on current products and services ACCESSIBLENET is marketing and is subject to change without notice.
23. During the term of the Associate Agreement, associates may not, directly or indirectly, sell to or accessibility services or other products or services offered by ACCESSIBLENET through any person or entity other than that specifically designated or approved in writing by ACCESSIBLENET. Associates shall not, during their relationship with ACCESSIBLENET and for a period of one (1) year thereafter, directly or indirectly, divert, entice, knowingly call upon, sell or solicit, take away or move any customer of ACCESSIBLENET or its subcontractor/supplier/service provider(s), whether or not the Associate originally procured or brought such customer to ACCESSIBLENET (such activities are collectively referred to herein as 'Solicitation'). All customers solicited by Associates on behalf of ACCESSIBLENET and its subcontractor/supplier/service provider(s) are deemed to be customers of ACCESSIBLENET or its subcontractor/supplier/service provider(s) and not of its . Associates understand that such non solicitation prohibition shall be strictly enforced and that ACCESSIBLENET's subcontractor/supplier/service provider(s) shall be a third party beneficiary of this prohibition as well as any proprietary and confidential information provided to ACCESSIBLENET which in turn is received by an Associate.. Further, during the term of the Associate Agreement and for a period of one (1) year thereafter, associates may not enter into a direct marketing relationship with any subcontractor/supplier/service provider of ACCESSIBLENET. During the term of this Agreement and for a period of one (1) year thereafter, ACCESSIBLENET Associates may not solicit an ACCESSIBLENET Associates, whether active, inactive, individual or entity to participate in a network marketing program offered by any other company, regardless of whether or not such network marketing company offers competing products or services. Without limiting in any way ACCESSIBLENET's right to pursue all rights and remedies available to it, violation of this covenant and condition will result in, but is not limited to, forfeiture of all associateship rights, including all current and future commissions, bonuses and payments of any kind.
******************NOTICE OF
CANCELLATION***************
I may cancel this transaction,
without penalty or obligation, for a full refund, within one (1)
business day from the date of this Agreement,
exclusive of the date of signing or if processed electronically the
date this Agreement is submitted to ACCESSIBLENET for processing. I
understand that if I cancel after the one (1) day
period, I am not entitled to a refund. This
limitation is not applicable in Georgia or is superseded by any state
law. If I cancel within the one (1) business day from the date of this
Agreement, any payments made by me under this Agreement and any
instrument executed by me will be returned within fifteen (15) business
days following receipt by ACCESSIBLENET of my Cancellation Notice. To
cancel this Agreement, I must mail, via registered or certified mail,
return receipt requested, or deliver personally to ACCESSIBLENET a
signed, dated copy of a Notice of Cancellation, or send a telegram to:
Butler New Media, LLC., 2208 Rockdale Drive, Conyers, GA 30012. An
email may also be sent to: Cornelius@butlernewmedia.com Where applicable state law on cancellation is inconsistent with
ACCESSIBLENET policy, such state law shall be in force. I hereby apply
to become an Associate for ACCESSIBLENET/Butler New Media, LLC.
(ACCESSIBLENET) and have carefully read and agree to abide by all terms
and conditions of this Agreement, the Compensation
Plan, The Anti Spam
Policy, and the Policies and Procedures which
are incorporated by reference herein
