The Opportunity Company Legal Agreement Last modified: November 23, 2005
1. I am of legal age in the state in which I enter this Agreement with TheOpportunityCompany.com, Inc. (hereinafter "The Opportunity Company") 2. I understand that Independent Distributors have the right to (1) sell the products and services offered by The Opportunity Company, and (2) enroll Customers and/or prospective Independent Distributors, in accordance with The Opportunity Company's policies and procedures, which may be amended and changed from time to time. 3. As an Independent Distributor I will:
4. I understand that Independent Distributors are not authorized to, and I will not for any reason, incur any debt, expense, or obligation on behalf of, or for The Opportunity Company. 5. I understand that Independent Distributors are not authorized to, and I will not for any reason, act as a spokesperson for The Opportunity Company or its products in any way to any media or publication. 6. I understand that Independent Distributors shall not create, publish or distribute any literature or materials representing The Opportunity Company or its products without prior permission from The Opportunity Company other than that which is provided by The Opportunity Company. 7. I am entitled to cancel this Agreement at any time and for any reason upon notice to The Opportunity Company in writing. 8. This Agreement shall continue so long as I continue to accept payments from The Opportunity Company or until this Agreement is cancelled in writing. The Opportunity Company shall not cancel this Agreement except upon my violation of this Agreement. 9. I warrant that I have not been an Independent Distributor for The Opportunity Company and do not own or had ownership affiliation with The Opportunity Company's business in the past month. 10. I understand that as an Independent Distributor I am an independent contractor, and not an agent, employee or franchisee of The Opportunity Company. I further understand and agree that I will not be treated as an employee for federal or state tax purposes, nor for purposes of the Federal Unemploment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts or State Workers Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement. 11. I understand that the acceptance of this Application does not constitute the sale of a franchise and that there are not exclusive territories granted to anyone, and that no franchise fees have been paid, nor am I acquiring any interest in a security by the acceptance of this Agreement. 12. I understand that The Opportunity Company makes no claims or warranties of any kind including, but not limited to, any claims for earnings or benefits concerning its products, other than those included in The Opportunity Company's written literature. I agree not to make claims of earnings or warranties of any kind. I will not make any product claims which are not expressly stated in The Opportunity Company's official written literature and I shall not create my own literature, sales aids or training materials. 13. If I fail to pay for products or services after the due date, The Opportunity Company is authorized to withhold the appropriate amounts from my payments or credit card/electronic checking accounts, if any, which I have authorized The Opportunity Company to charge. If payment is not made, I understand that I may, at The Opportunity Company's discretion, lose my marketing organization and future payments, and may be placed on inactive status by The Opportunity Company. The Opportunity Company will not be responsible for the loss of any payments because of errors or delays in receiving agreements, orders, changes or other necessary information. 14. Upon notification to me, The Opportunity Company may, at its discretion, amend this Legal Agreement. I agree to abide by any such amendments. The continuation of my status as an Independent Distributor for The Opportunity Company or my acceptance of payments from The Opportunity Company constitutes my acceptance of any such amendments. 15. I understand that I am not an Independent Distributor for The Opportunity Company until The Opportunity Company has accepted this Agreement, I have customers or Independent Distributors within my business with The Opportunity Company, and until I have endorsed my first payment check from The Opportunity Company. 16. The Opportunity Company Independent Businesses cannot be sold, assigned or transferred without prior written approval from The Opportunity Company. 17. I have carefully reviewed The Opportunity Company's Marketing Plan and acknowledge that it is incorporated as part of this Agreement in its present form and as modified from time to time by The Opportunity Company. 18. My violation of any of the terms of this Agreement or the Marketing Plan may result, in The Opportunity Company's discretion, in forfeiture of bonus checks or other payments from The Opportunity Company, loss of all or part of my downline organization, or cancellation of this Agreement. 19. This agreement constitues the entire agreement between the parties and no other promises, representations, guarantees or agreements of any kind shall be valid unless in writing. 20. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable. 21. The term of this Agreement is for one year. This
Agreement will be automatically renewed annually on each anniversary date
of the acceptance of this Agreement, unless otherwise cancelled. 23. This Agreement shall be governed by the laws of
the State of Wisconsin and any claims or disputes between the parties
to this Agreement which are not brought to Arbitration shall be brought
in the U.S. District Court for the District of Wisconsin. |