E Digital Wealth Terms and Conditions for Affiliates
As an independent distributor, also known as an Affiliate, for E Digital Wealth, LLC, I agree to be bound by all terms and conditions below. I am interested in using and/or promoting E Digital Wealth products and services and understand that it is possible to be rewarded, although there are no guarantees and any rewards are based purely on sales results. If I do not agree with these terms and conditions, then I will not apply to become an Affiliate and I will not transact business with E Digital Wealth. I understand, warrant and agree that:
- I am of legal age in the state, country or jurisdiction in which I reside, but at least 18 years old, and I am legally competent to enter into this Agreement.
- I understand that no state Attorney General or other regulatory authority approves or endorses Company or any Company product or service and I will not claim otherwise to anyone.
- I shall become a E Digital Wealth (“Company”) Affiliate only upon acceptance of this application by the Company at its sole discretion. As an Affiliate, I shall have the right to use and/or promote products and services offered by the Company, but only in accordance with the Company’s compensation plan, these terms and conditions, and any policies and procedures, rules and regulations, etc., which are published and available on the corporate website and may be amended, revised and/or changed from time to time at the Company’s sole discretion.
- Upon notification to Affiliates, the Company, at its sole discretion, may amend the compensation plan, terms and conditions, rules, regulations, policies and procedures, etc. and I agree to be bound by any such changes.
- I have reviewed the Company’s terms and conditions, compensation plan, rules and regulations, and policies and procedures, and acknowledge that they are incorporated as part of this Agreement in their present form and as modified from time to time by the Company.
- My continued use and/or promotion of Company products and services, and/or my logging in to any Company website, and/or my transaction of any business with the Company, and/or my acceptance of any compensation from Company, indicates my continued agreement with these terms and conditions as they exist now and as they may be modified or amended in the future.
- I understand that as an Affiliate, I must be sponsored by another Affiliate. If I was not introduced to the Company by another Affiliate, Company, at its discretion, may assign me to an appropriate sponsor.
- The term of this Affiliate agreement is one year. I understand that I may renew yearly under the renewal policy in effect at that time and at the sole discretion of the Company.
- I understand that no Affiliate is under any obligation to participate in the compensation plan and may cancel at any time, for any reason, with written notice to the Company. Once an Affiliate notifies Company of his/her resignation or cancellation, that Affiliate will immediately cease to accrue any benefits, compensation or commissions, and must immediately cease all Company activity. The Affiliate, if applicable, will be able to return, and the Company will re-purchase, any unopened, unused, good and re-sellable inventory of supplies, sales materials, physical products, etc. at the price paid by the distributor, less shipping/handling and a 10% re-stocking fee, and less any commissions earned as a result of any qualifications attributed to the returned product, for a period of six months from original purchase, or longer if required by law. This clause does not apply to digital or virtual electronic products, services or downloads. Affiliate will be responsible for any freight charges incurred in returning any unused materials to the Company. The Company will not be responsible for lost or damaged materials. This clause will only apply to Affiliates otherwise in good standing and in compliance with this agreement and all applicable laws, statutes, codes, rules or regulations.
- Upon acceptance of this application by the Company, I will be an independent contractor responsible for my own business, my own conduct and any expenses or costs of maintaining my independent distributorship. I will not be an employee of the Company. I will not be treated as an employee in regard to any laws covering employees, including but not limited to, the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, or income tax withholding for any federal, state or local tax laws. It is my responsibility to pay self-employment, federal, state, or local taxes of any type as required by law. I am responsible for complying with any federal, state or local laws that may be applicable to my independent distributorship.
- I can promote Company while promoting other company’s or opportunities, as long as I do not cross recruit or violate other polices and procedures in these terms.
- I will not use Company trade names, trademarks or copyrighted material in any form, verbal, printed or otherwise, except in promotional or advertising material that has received prior written approval from the Company.
- I will not directly or indirectly disparage, discredit or otherwise defame Company, Company employees, Company owners, officers or directors, other Company affiliates and/or any person or entity associated with Company. This includes any statements, written or oral, on the Internet, on social media or otherwise.
- I acknowledge that I may only have a financial interest in one Affiliate position within Company. I will not, either as an individual, corporation, LLC or other entity, apply for or become a Company Affiliate separate from this application. I understand that should I be found to have any financial interest in multiple Affiliate positions, the Company, at its sole discretion, may terminate or re-assign any of those Affiliate positions and I will have no recourse against Company.
- A married couple should maintain one Affiliate position between them. However, if both spouses of a married couple desire to each maintain their own Affiliate position, then they both must be sponsored by the same sponsor. They cannot sponsor each other or be sponsored by anyone other than the original sponsor. If a married couple each have their own Affiliate position, then they are each separately required to meet any requirements or qualifications of their respective Affiliate positions.
- If I sponsor other Affiliates into the Company, I will fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored. I will have ongoing contact, communication and leadership supervision with my sales organization, including, but not limited to, telephone contact, e-mail contact, text message contact, training sessions, etc. If the Company requests it, I will be prepared to provide documentation of the satisfaction of my sponsor responsibilities to the Company.
- I understand that the Company’s program is built upon sales to the ultimate consumer. The Company also recognizes that Affiliates may wish to purchase product in reasonable amounts for their own personal or family use. A retail sale for bonus purposes shall include sales to non-participants in the compensation plan. The Affiliate will be responsible for complying with the Retail Compliance Program as instructed from time to time. This includes keeping accurate records, including receipts, for all retail sales. Further, although there may be no physical products required, nor are you required to stock any inventory, you will be asked to certify that you have used, consumed or sold at least 70% of your previous inventory prior to re-ordering. Monthly commissions on your organization and sales bonuses are contingent upon the Company receiving any requested verification in a timely fashion. It is Company policy to strictly prohibit the purchase of product or large quantities of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement in the marketing program. Affiliates must fulfill published personal and downline retail sales requirements, as well as supervisory responsibilities, to qualify for commissions, bonuses, overrides or advancements.
- I acknowledge and agree that I will never reveal any confidential Company data or information to any third party, including, but not limited to, information pertaining to any other Company Affiliates, other than in the furtherance of promoting Company under this Agreement. I will not attempt to solicit, directly or indirectly, any Company vendors, affiliates, employees, consultants or agents into any other venture, company or business relationship. This clause will not apply to individuals that I have personally-sponsored into Company.
- I acknowledge that as an independent distributor, I am a wholly independent marketing representative who establishes and services wholesale and/or retail customers for Company products and services. My independent distributorship does not constitute either a purchase of a franchise, exclusive distributorship or exclusive territory, and absolutely no fees have been or will be required from me or anyone for the right to promote the Company’s products and services and earn commissions, pursuant to this Agreement. There may be a yearly, non-commissionable, administrative renewal fee for database maintenance and software updating. This Agreement is not intended and shall not be construed to create a relationship of employer-employee, agency, partnership, or joint venture between any Affiliate, sponsor and/or the Company. As an independent contractor, I shall:
I acknowledge that no purchase or investment is necessary to become a Company Affiliate and neither the Company nor any person has indicated otherwise.
I acknowledge that the Company, at its sole discretion, will determine whether qualifications have been met with respect to ranks, commissions, bonuses or compensation.
I acknowledge that should I purchase any products or services from Company, that payment made is solely for that product or service purchase. I understand that I am not making an investment in Company, I am not purchasing a franchise, territory or security, and this is not a passive income generator.
I acknowledge that neither the Company nor any individual has made any claim, guarantee, warranty or assurance that I will earn or achieve any level of success or income as a result of promoting Company products and services. I understand that any potential commissions, bonuses or earnings that I may be entitled to under the Company compensation plan are based on the actual sales results of my promotion efforts.
I warrant and agree that I will not attempt to manipulate the compensation plan or defraud Company in any way, including the creation of phantom or invalid Affiliates or business. Company, at its sole discretion, may terminate or re-assign any Affiliate or Affiliate positions determined to have been created to manipulate the compensation plan or increase potential commissions to anyone, without valid purpose.
I warrant and agree that I will not make any purchase, nor will I cause anyone else to make a purchase of any Company product or service without valid purpose. Any attempt to manipulate compensation, generate additional, extra or unreasonable compensation, or insincerely achieve a particular rank or bonus shall be considered invalid purposes.
I acknowledge and agree that Company will have the right to reverse, recoup, recover or chargeback any commissions or earnings that I have previously received on business that may have been reversed, credited back, cancelled, charged back or invalidly paid for.
The Company will investigate potential violations of this Agreement and may take appropriate action, at its sole discretion, up to and including my termination as an Affiliate, for any violation that cannot be immediately and appropriately corrected. Actions taken may include suspension of an Affiliate, reversal of commissions, removal of invalid or fraudulent Affiliates from a downline, termination of an Affiliate, or other action reasonably required by Company to resolve the violation.
I understand that it is expressly prohibited to entice or encourage anyone to join, transact business, purchase products, sales aids or literature by confusing them, misleading them, pressuring them, making false or misleading income claims, or showing unreasonable hypothetical situations. No false, misleading or exaggerated claims of any type may be made under any circumstances, even if true.
I understand that I cannot insinuate or imply that someone will achieve a specific level of income or success, even if I have previously achieved it. I understand that results achieved by any Affiliate will be based on many factors, including, but not limited to, their expertise, time spent promoting Company products and services and other factors.
This agreement constitutes the entire agreement between the Affiliate and Company and no other additional promises, representations, guaranties or agreements of any kind shall be valid unless in writing and signed by an authorized representative of Company.
I agree to attempt to resolve any dispute under this Affiliate Agreement in an amicable and reasonable way directly with the Company. If I feel additional actions are necessary, I agree that any claim, dispute and/or legal action surrounding the terms and conditions of this Agreement shall be resolved solely and exclusively by arbitration under the rules and auspices of the American Arbitration Association (AAA). Any arbitration shall be held in Clark County in the State of Nevada, under the Commercial Arbitration Rules of the AAA and conducted by a single arbiter with knowledge of direct sales. This Agreement shall be governed by the laws of the State of Nevada, excluding those relating to conflicts of law.
I agree that there will be no group or class arbitrations for any reason. Any arbitration stemming from this Affiliate Agreement shall be conducted solely between me and the Company. I also agree to keep any arbitration proceedings confidential and agree not to disclose any aspect of any arbitration proceedings.
If any portion of this Agreement is found to be invalid in a particular jurisdiction, the balance of all terms and conditions, policies and procedures, the compensation plan and any rules, regulations or requirements shall remain in full force. Any required amendments or modifications made pursuant to this paragraph shall only apply in the jurisdiction where required.
I agree that portions of this Agreement and accompanying Policies and Procedures pertaining to confidentiality, arbitration, use of the trade names, trademarks, copyrighted material, internet use and/or the sale and distribution of Company products and services will survive the termination of my relationship with Company.
I understand that should I voluntarily terminate my relationship with Company, that I must remain inactive and wait a minimum of six months before attempting to become an Affiliate again. Should I be involuntarily terminated, I understand that I may again become an Affiliate of Company, whether as an individual or as part of another entity.
I acknowledge that there are no guarantees, warranties or assurances that I can or will earn any amount of income or attain any level of success as an independent Affiliate of Company. I further acknowledge that there are no guarantees, warranties or assurances, express or implied, in connection with any Company product, service, documents, materials, and/or websites. Company specifically disclaims all warranties, express or implied, in connection with any products or services, including, without limitation, any implied warranties of merchantability and/or fitness for a particular purpose
I acknowledge that participation in any Autoship or monthly recurring order or subscription is optional, but may be available for convenience of added-value. Should I choose to participate, I authorize Company to process my credit card on file for the amount I opt for.
I authorize Company to use my name, image, likeness and/or story in any company materials, advertising, promotion, websites or other media. I understand that I am not entitled to any compensation or remuneration for such use.
I authorize Company or any Company authorized representative to contact me by e-mail, text message, instant message, fax, telephone or other appropriate device or media, for any purpose or matter relating to my being an Affiliate of Company.
I understand that no Company product or service may be modified, altered, revised or changed in any way by me or on my behalf, other than by written, explicit permission of Company.
I agree to defend, indemnify and hold Company harmless, as well as Company’s owners, officers, directors, employees, agents, consultants or any affiliated people or entities, from and against any and all claims, suits, damages, obligations, losses and expenses, including, but not limited to legal fees, arising out of my conduct and/or the violation of any of these terms and conditions or the violation of any applicable law, regulation or statute.
I understand and agree that under no conditions, shall Company and/or its owners, officers, directors, employees, agents, consultants or any affiliated people or entities be liable to me or any Affiliate for any claim whatsoever related to this Agreement or the relationship between Company and Affiliate for any amount other than the amount of unused products and services that Affiliate is otherwise entitled to a refund for. In no event shall Company be liable to any Affiliate for any incidental, special, exemplary, punitive, indirect or consequential damages.
Any notice required in connection with this Agreement may be made by notice to the last known physical address or e-mail address that I have maintained with the Company and I may send notice to the company at its then current corporate address or at the designated e-mail address for that purpose.
Company’s failure to exercise any rights under this Agreement does not constitute a waiver of Company’s rights to insist on compliance with this Agreement.
I agree that I may not transfer or assign any rights or privileges granted under this Agreement without the express written consent of Company.
This agreement is not in force until accepted by the Company. I warrant that I have no financial interest in, nor will I acquire any financial interest in another Company distributorship.
NOTICE OF RIGHT TO CANCEL: I understand that I may cancel this transaction, without penalty or obligation, within the initial SEVEN DAYS of my initial purchase, or longer if required by law. I will receive a full refund of digital products and services purchased during the seven day period, less commissions earned. Physical products will be refunded under paragraph 9.
- Abide by any and all federal, state, county and local laws, rules and/or regulations pertaining to this Agreement and/or the acquisition, receipt, holding, selling, distributing, promoting or advertising of Company products and services.
- At my own expense, make, execute or file all such reports and obtain such licenses or permits applicable to me as may be required by law or regulation with respect to this Agreement and/or the receipt, holding, selling, distributing, promoting or advertising of Company products and services.
- Be solely responsible for declaration and payment of all local, state and federal fees or taxes as may accrue, including, but not limited to, sales taxes, business taxes, income taxes due to Affiliate activities in connection with this Agreement.
I unconditionally agree to all terms and conditions contained herein: initials___
1A) Company has the right to refuse service/membership to anyone for any reason. If a Free or Pro member joins and company at its sole discretion desires not to be involved with an individual or business entity the company maintains the right of termination and a full refund of any monies spent will be refunded within 10 business days from date of termination.
2A) Company vendors/product providers do not own or manage E Digital Wealth. Use of their names in marketing is strictly prohibited. The contact of vendors/product providers for product support is strictly prohibited. All customer support is provided by E Digital Wealth firstname.lastname@example.org
3A) The Database is owned 100% by company. The database may be used by the company at its sole discretion. Company at its sole discretion may monetize database without compensation to affiliates.
4A) To be an affiliate person must pay a one-time Forty Five dollar admin fee (45.00). Affiliate must also maintain Pro Member level (14.95 monthly) or higher in order to be active affiliate. This covers all aspects of business operation to include but not limited to; Affiliate back office, compensation software, commission engine, database tracking, genealogy maintenance, Pro level marketing & social media marketing systems, member join page, lead capture page, website development/maintenance/hosting, e-commerce, membership section, etc.
If a Pro payment does not go through upon attempt access to back office is turned off immediately. If payment is not received in 5 days from due date marketing system websites are turned off. Once payment is made access to account is reinstated as long as account was not terminated for 2 months in a row of non-payment.
If payment is not received for 2 billing periods in a row then Pro member affiliate position is terminated. If terminated ownership of position goes to company. Company at its sole discretion may keep said position or offer it to a qualified Pro member. If Pro member termination occurs person will be moved to a Free Member status and continue to have access to products paid for.
5A) Pro Member must make 1 retail sale per rolling 30-day check match qualifying period in order to keep earning check match once qualified.
In the event a retail sale is not made in a rolling 30-day period the Pro member forfeits all check match commissions for the next period. This forfeit continues until Pro member makes a retail sale. At which point they would resume earning check match for the next 30-day rolling period.
If a Pro Members makes more than one retail sale in a period the extra sales will count towards future 30-day rolling periods. As example Pro Member makes 12 retail sales in one 30-day period they are check match qualified for the next 12 check match periods in a row.