FutureMart Web City Discount Club is a fun, exciting and very profitable business system where any and everyone can prosper should they be willing to follow the guidelines set forth by FutureMart through word-of-mouth advertising. The main objective of the FutureMart Web City Discount Club is to provide products, cutting edge materials and knowledge that will help you be your best self and improve the quality of your and your family’s life. The two reasons for joining FutureMart and paying the Web City Discount Club Membership Business Expense are: (1) To learn how to reach your goals through network marketing, and (2) to earn money and help others do the same and become debt free.
1. I understand that as an Independent Business Associate of FutureMart: a. I have the right to offer for sale FutureMart services and products in accordance with these Terms and Conditions. b. I have the right to enroll persons in FutureMart as a Web City Discount Club Business Associate. c. I will assist in training and motivating the Associates in my downline organization. d. I will comply with all federal, state, county and municipal laws, ordinances, rules or regulations. e. I will perform my obligations as a Business Associate with honesty and integrity. f. I will only use the sales contracts and order forms which are provided by FutureMart for the sales of its goods and services.
2. I agree to present the FutureMart provided products and services as set forth in official FutureMart literature.
3. I agree that as a FutureMart Business Associate I am an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of FutureMart. I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of FutureMart. I understand that I shall control the manner and means by which I operate my FutureMart business, subject to my compliance with these Terms and Conditions, the FutureMart Policies and Procedures, and the FutureMart Business and Compensation Plan. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF FutureMart FOR FEDERAL OR STATE TAX PURPOSES. FutureMart is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind, unless such withholding becomes legally required. I agree to be bound by all sales tax collection agreements between FutureMart and all appropriate taxing jurisdictions, and all related rules and procedures.
4. I have carefully read and agree to comply with the FutureMart Terms and Conditions. I understand that I must be in good standing, and not in violation of any of the terms of this Agreement, in order to be eligible to receive any bonuses, commissions or overrides from FutureMart. I understand that these Terms and Conditions, the FutureMart Policies and Procedures, and/or the FutureMart Business and Compensation Plan may be amended at the sole discretion of FutureMart, and I agree that any such amendment will apply to me. Notification of amendments shall be published in official FutureMart materials. Amendments shall become effective (30) days after publication. The continuation of my FutureMart business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
5. The term of this agreement as a Business Associate of FutureMart is one month. My FutureMart Web City Discount Club membership and qualification is continued monthly with a product order of a $119.95 at Business Associate’s Price. If I fail to renew my FutureMart business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Business Associate. I shall not be eligible to purchase FutureMart products at wholesale or discount, sell FutureMart products and services, nor shall I be eligible to receive commissions, overrides, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or non-renewal, I agree to waive all rights I have, including but not limited to, property rights to my former downline organization and to any commissions, overrides, bonuses or other renumeration derived through the sales and other activities of my former downline organization.
6. I may not assign any rights or delegate my duties under this Agreement without the prior written consent of FutureMart. Any attempt to transfer or assign this Agreement without the express written consent of FutureMart renders this Agreement voidable at the option of FutureMart and may result in termination of my FutureMart business.
7. FutureMart may freely assign its rights and delegate its duties under this Agreement at its sole discretion. Following any such assignment and/or delegation, Business Associates shall remain bound by the terms of the Agreement provided that the assignee provides adequate assurance of future performance of such obligations. This Agreement is not a “personal services contract” under federal bankruptcy law or applicable non-bankruptcy law. The provisions of applicable law, if any, which prohibit, restrict or condition the assignment of this Agreement or excuse the Business Associate from accepting performance from or rendering performance to an entity other than FutureMart are hereby waived. To the extent any assignment of this Agreement is deemed a sale of property of the estate pursuant to 11U.S.C. §363, the Agent hereby consents to such sale whether authorized pursuant to 11U.S.C. §363(b) or (f) and shall not seek to prohibit such sale or condition such sale upon the provision of adequate protection by FutureMart.
8. I understand that if I fail to comply with the terms of this Agreement, FutureMart may, at its discretion impose upon me disciplinary action as set forth in the Terms and Conditions and/or 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, commissions or overrides, whether or not the sales for such overrides, bonuses or commissions have been completed.
9. FutureMart, its directors, officers, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release FutureMart and its affiliates from, and waive all claims for consequential and exemplary damages. I further agree to release FutureMart and its affiliates from all liability arising from or relating to the promotion or operation of my FutureMart business and any activities related to it (e.g. the presentation of FutureMart products or Compensation and Business Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.) and agree to indemnify FutureMart for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
10. This Agreement, in its current form and as amended by FutureMart at its discretion, constitutes the entire contract between FutureMart and myself. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect.
11. Failure to qualify for a total of any 3 months is considered a breach of this contract. If I am in breach, default or violation of the Agreement, I shall not be entitled to receive any further bonuses, commissions or overrides, whether or not the sales for such overrides, bonuses or commissions have been completed. I am no longer considered active in the business, or qualified for commissions and/or overrides. I am no longer eligible to purchase FutureMart provided products at the wholesale/discount price. I understand my organization will be compressed and moved to my upline sponsor.
12. Any waver by FutureMart of any breach of this Agreement must be in writing and signed by an authorized officer of Future Mart. Wavier by FutureMart of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
13. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
14. This Agreement will be governed by and construed in accordance with the laws of the State of Texas without regard to principles of conflicts of laws. All disputes and claims relating to FutureMart, the Business Associate Agreement, the FutureMart Business and Compensation Plan or its products and services, the rights and obligations of an independent Business Associate of the FutureMart Web City Discount Club and/orFutureMart, or any other claims or causes of action relating to the performance of either an Independent Business Associate or FutureMart under the Agreement or the FutureMart Terms and Conditions and/or Policies and Procedures shall be settled totally and finally by individual arbitration between the Company and Business Associate, in New Braunfels, Texas, or such other location as FutureMart prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. All issues related to arbitration shall be governed by the Federal Arbitration Act. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgement in any court of competent jurisdiction. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in this Agreement or the Terms and Conditions and/or Policies and Procedures shall prevent FutureMart from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect FutureMart’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
15. The parties consent to jurisdiction and venue before any federal or state court in Comal County, State of Texas for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
16. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
17. Montana Residents: A Montana resident may cancel his or her Business Member Agreement within 15 days from the date of enrollment, and may request a full refund for unused services or products within such time period.
18. If a Business Associate wishes to bring an action against FutureMart for any act or omission relating to or arising from this 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 one year shall bar all claims against FutureMart for such act or omission. Business Associates waive all claims that any other statutes of limitations applies.
19. I authorize FutureMart to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for renumeration for such use.
20. A faxed copy of this Agreement shall be treated as an original in all respects.
NOTICE OF RIGHT TO CANCEL
