Your Status as a Live Ultimate independent Ambassador is temporary. You must submit a properly completed IRS Form W-9 to Live Ultimate within 90 days from the date of your application. Failure to submit a W-9 will result in the cancellation of your Live Ultimate business.
I understand that as an Independent Ambassador (“Ambassador”) for Live Ultimate, LLC. (hereinafter “Live Ultimate”):
I have the right to sell, and solicit orders for, Live Ultimate products in accordance with these Terms and Conditions. I understand that it is within the exclusive right of Live Ultimate to accept or reject orders that I submit.
I have the right to enroll persons as Ambassadors in Live Ultimate.
If qualified, I have the right to earn commissions pursuant to the Live Ultimate Compensation Plan.
I agree to present the Live Ultimate Compensation Plan and Live Ultimate products and services as set forth in official Live Ultimate literature.
I agree that as a Live Ultimate Ambassador I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Live Ultimate. I agree that I will be solely responsible for paying all expenses that I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF LIVE ULTIMATE FOR FEDERAL OR STATE TAX PURPOSES. Live Ultimate is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind. I understand that I am not entitled to workers compensation or unemployment security benefits of any kind from Live Ultimate.
I agree to the monthly technology fee of $14.95 which will be automatically charged to my credit card on file 60 days after enrollment.
I have carefully read and agree to comply with the Live Ultimate Policies and Procedures and the Live Ultimate Compensation Plan, each of which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the “Agreement”). If I have not yet reviewed the Policies and Procedures at the time I execute this Agreement, I understand that they are posted in my Back-Office. I will review the Policies and Procedures within five days from the date on which I execute this Agreement. If I do not agree to the Policies and Procedures, my sole recourse is to notify the company and cancel my Live Ultimate Agreement. Failure to cancel constitutes my acceptance of the Policies and Procedures. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Live Ultimate. I understand that the Agreement, as well as the monthly Replicated Website and Back-Office subscription fee, may be amended at the sole discretion of Live Ultimate, and I agree to abide by all such amendments. Notification of amendments shall be posted in my Live Ultimate Back-Office. Amendments shall become effective 30 days after notice of the amendments is posted, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The continuation of my Live Ultimate business or my acceptance of bonuses or commissions after the effective date of amendments shall constitute my acceptance of any and all amendments.
The term of this agreement is month to month after the first two calendar months in the business (subject to prior cancellation pursuant to the Policies and Procedures). You renew your Live Ultimate business each month by paying the monthly technology fee for your Back-Office and Replicated Website subscription. If your Live Ultimate business is canceled or terminated for any reason, you will permanently lose all rights as an Ambassador. You shall not be eligible to sell Live Ultimate products and services nor shall be eligible to receive commissions, bonuses, or other income resulting from the activities or the activities of your former downline sales organization. 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 sales and other activities of my former downline organization. Live Ultimate reserves the right to terminate all Ambassador Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels.
I may not assign any rights under the Agreement without the prior written consent of Live Ultimate. Any attempt to transfer or assign the Agreement without the express written consent of Live Ultimate renders the Agreement voidable at the option of Live Ultimate and may result in termination of my business.
I understand that if I fail to comply with the terms of the Agreement, Live Ultimate may impose upon me disciplinary sanctions as set forth in the Policies and Procedures.
Neither Party, its parent and/or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall be liable to the other for consequential or exemplary damages for any claim or cause of action relating to the Agreement or the use of Live Ultimate’s products, even if the party has been advised of the likelihood of such damage.
The Agreement, in its current form and as amended by Live Ultimate at its discretion, constitutes the entire contract between Live Ultimate and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Agreement will remain in full force and effect.
If a dispute arises between an Ambassador and Live Ultimate relating to the Agreement, the Live Ultimate business, or the rights and obligations of either party, the parties shall resolve the dispute as set forth in the Dispute Resolution provisions in the Policies and Procedures.
Maryland Residents: A participant may cancel the contract for any reason within 3 months after the date of receipt of goods or services first ordered; upon cancellation, the Company shall repurchase the goods; and the repurchase price shall be at least 90% of the original price paid by the participant.
Montana Residents: A Montana resident may cancel his or her Ambassador Agreement within 15 days from the date on which this application is submitted, and may return his or her sales kit within such time period and is entitled to a full refund for the sales kit and for any other consideration he/she paid within such time period to participate in the program.
Louisiana, Massachusetts and Wyoming Residents: If you cancel your Ambassador Agreement, upon receipt of your written request, Live Ultimate will refund 90% of the costs you have incurred to participate in the program during the current year.
I agree to release Live Ultimate and its affiliates from all liability arising from or relating to my promotion or operation of my Live Ultimate business and any activities related to it (e.g., the presentation of Live Ultimate products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Live Ultimate for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address or via the Ambassador’s Back-Office.
I grant Live Ultimate an irrevocable license to reproduce and use my name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums, and I waive all claims for remuneration for such use. I further waive my right to inspect or approve all draft, beta, preliminary, and finished material.