RE.DIRECT MARKETING PARTNER
APPLICATION & AGREEMENT
RE.DIRECT MARKETING PARTNER
APPLICATION & AGREEMENT
1. Authorization and Contract. By signing this Re.direct Marketing Partner Agreement (“Agreement”), you are applying for legal authorization to become a Re.direct Marketing Partner as an independent business owner and enter into contract with Re.direct Digital LLC ( “Company”). You acknowledge that prior to signing this Agreement you have received, read and understood the Company Income Disclosure Statement, the Company Policies and Procedures, the Company Compensation Plan, (collectively, the “Marketing Partner Documents”) and all terms set forth in this Agreement. The Marketing Partner Documents are incorporated herein by reference. Company reserves the right to reject any application for any reason within thirty (30) days of receipt. Please note that this Marketing Partner Agreement is a broadly drafted document, the specifics are further detailed within the Company Policies and Procedures.
2. Term. This Agreement will remain in effect until you voluntarily cancel the Agreement, your account becomes inactive and/or you fail to renew, or the Company terminates you as a Marketing Partner, as outlined in the Marketing Partner Documents. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to eligibility to sell Company products or services, property rights to your former downline organization, and any commissions, bonuses, or other remuneration derived through the sales and other activities of your former downline organization. Company reserves the right to terminate all Marketing Partner Agreements upon thirty (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. A Marketing Partner may cancel this Agreement at any time, and for any reason, upon written notice to Company. Company may cancel this Agreement at any time and for any reason upon written notice to the Marketing Partner. Company may also take actions short of termination of the Agreement if the Marketing Partner breaches any of its obligations under the Agreement.
3. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of Company or your sponsoring Marketing Partner. As a self-employed independent contractor, you will be operating your own independent business. You have complete freedom in determining the number of hours that you will devote to your business and you have the sole discretion of scheduling such hours. In accordance with the Company Policies and Procedures, you will receive IRS Form 1099-NEC reflecting the amount of income paid to you during the calendar year. By agreeing to these terms, you agree to receive the 1099-NEC form electronically. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Presenting the Opportunity. You agree when representing the Company opportunity to represent it in its entirety as outlined in Official Company Materials. In presenting the plan, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by the Company. You also agree to present the Company Income Disclosure Statement to all prospective Marketing Partners and to instruct them to review it prior to enrollment.
5. Product Purchases and Refunds. Marketing Partners are never required to purchase product. Any product purchase is meant for that Marketing Partner’s personal consumption and all consumer refund policies shall apply as outlined for the particular product or service on the Company corporate website and as displayed at the point of sale. Commissions derived from any refund shall be dealt with as detailed within the Company Policies and Procedures.
6. Proprietary Information and Trade Secrets. You recognize and agree that, as further set forth in the Company Policies and Procedures, information compiled by or maintained by Company, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the Company business including, without limitation, distributor lists, sponsorship trees, and all Company partner information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of Company, which it keeps as proprietary and confidential. During the term of this Agreement, Company grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (collectively, “Proprietary Information”), which includes, without limitation, LOS information, business reports, manufacturing and product developments, partner sales, and earnings and other financial reports to facilitate your Company business.
7. Non-Solicitation and Non-Compete Agreement. A Marketing Partner may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities (collectively, “Network Marketing”) unless that other opportunity competes with any existing product line that Company offers. However, during the Term of this Agreement and for one (1) year thereafter, a Marketing Partner may not recruit any Marketing Partner or Customer for any other Network Marketing business, unless Marketing Partner personally sponsored that Marketing Partner or Customer. This provision is outlined in further detail in the Company Policies and Procedures.
8. Images / Recordings / Consents. You agree to permit Company to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by Company for any lawful purpose and without compensation.
9. Modification of Terms. With the exception of the Dispute Resolution Section in the Company Policies and Procedures and as briefly outlined herein, which can only be modified by way of mutual consent, the terms of this Agreement may be modified upon thirty (30) days’ written notice as detailed within the Company Policies and Procedures.
10. Governing Law. The formation, construction, interpretation, and enforceability of your contract with Company as set forth in this Marketing Partner Agreement shall be governed by the laws of the State of Wyoming, United States of America, without giving effect to any choice of law rule that would cause the application of laws of any jurisdiction other than the laws of the State of Wyoming, except that the Federal Arbitration Act shall govern the Dispute Resolution provision of this Agreement, without giving effect to any state law to the contrary. If any provision contained herein is found by a court of competent jurisdiction or an arbitrator or arbitral panel to be invalid, illegal or unenforceable in any respect, such provision shall be construed in a manner to where it would be effective if not ineffective but shall not in any way invalidate or otherwise affect any other provision of this Agreement.
Louisiana residents: Notwithstanding the foregoing, venue and jurisdiction for any claims or disputes arising under or relating to this Affiliate Agreement brought by residents of Louisiana shall be established pursuant to Louisiana law.
11. Dispute Resolution. PLEASE READ CAREFULLY THE DISPUTE RESOLUTION PROVISION IN THIS SECTION AND AS DESCRIBED IN THE POLICIES AND PROCEDURES (COLLECTIVELY THE “DISPUTE RESOLUTION AGREEMENT”) AS IT AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST THE COMPANY, OR CLAIMS THE COMPANY MAY HAVE AGAINST YOU, WILL BE RESOLVED. BY SIGNING AND SUBMITTING THIS APPLICATION, YOU AGREE TO BE BOUND BY THIS DISPUTE RESOLUTION AGREEMENT.
You understand and agree that the Dispute Resolution Agreement operates as a separate and distinct agreement that is severable from the remainder of this Marketing Partner Agreement and is enforceable regardless of the enforceability of any other provision of the Marketing Partner Agreement or the Marketing Partner Agreement as a whole. You further understand and agree that the unenforceability of the Marketing Partner Agreement in whole or in part shall not support a finding that the Dispute Resolution Agreement in this Section is unenforceable. The Dispute Resolution Agreement is accepted by and binding on the Company without need for its signature. Consideration for the Dispute Resolution Agreement includes, without limitation, the parties’ mutual agreement to arbitrate claims and the Company’s agreement to consider the application of this Agreement. The Dispute Resolution Agreement exists and is binding regardless of whether at some future point this Agreement is cancelled or terminated.
ANY CONTROVERSY, CLAIM OR DISPUTE OF WHATEVER NATURE BETWEEN THE COMPANY, COMPANY AFFILIATES, OWNERS, MEMBERS, MANAGERS, AND EMPLOYEES (“RELATED PARTIES”), ON THE ONE HAND, AND YOU AND/OR THE BENEFICIAL OWNERS OF A MARKETING PARTNER BUSINESS THAT IS A BUSINESS ENTITY, ON THE OTHER HAND, INCLUDING BUT NOT LIMITED TO THOSE ARISING UNDER OR RELATING TO THE MARKETING PARTNER AGREEMENT OR RELATED TO THE SALE, PURCHASE OR USE OF COMPANY PRODUCTS (WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE) (“DISPUTE”) THAT CANNOT BE RESOLVED THROUGH NEGOTIATION OR MEDIATION AS SET FORTH IN THE COMPANY POLICIES AND PROCEDURES SHALL BE SETTLED EXCLUSIVELY BY CONFIDENTIAL, FINAL, BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR, OR, FOR DISPUTES IN EXCESS OF TWO MILLION DOLLARS ($2 MILLION USD), A PANEL OF THREE ARBITRATORS, IN LARAMIE COUNTY IN THE STATE OF WYOMING, UNITED STATES OF AMERICA, IN ACCORDANCE WITH THE THEN PREVAILING COMPREHENSIVE ARBITRATION RULES OF JAMS AND AS FURTHER DESCRIBED IN THE COMPANY POLICIES AND PROCEDURES.
YOU ALSO AGREE NOT TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION PROCEEDING AGAINST COMPANY, WHETHER IN A JUDICIAL OR MEDIATION OR ARBITRATION PROCEEDING. YOU WAIVE ALL RIGHTS TO BECOME A MEMBER OF ANY CERTIFIED CLASS IN ANY LAWSUIT OR PROCEEDING AND AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY SUCH ACTION AGAINST COMPANY.
12. Time Limitation. If a Marketing Partner wishes to bring an action against Company for any act or omission relating to or arising from this Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. The Marketing Partner waives all claims that any other statutes of limitations apply.
13. Indemnification. The Marketing Partner agrees to indemnify, defend, and hold harmless Company (together with its Related Parties, agents, other Marketing Partners, stockholders, members, employees, directors, officers, or attorneys, collectively “Indemnified Parties”) from and against any and all losses or liabilities (including attorneys’ fees) they may suffer or incur as a result of the Marketing Partner’s breach or alleged breach of this Agreement, including, without limitation, any terms or conditions of the Company Policies and Procedures.
14. Miscellaneous. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Company and supersede any prior agreements, understandings and obligations between you and Company concerning the subject matter of your contract with Company. If any term herein is to be found in conflict with the Company Policies and Procedures, the Policies and Procedures shall govern.
15. Notice of Right to Cancel. You may CANCEL this application, without any penalty or obligation, within THREE (3) BUSINESS DAYS from the application date (FIVE (5) BUSINESS days for Alaska residents, FIFTEEN (15) DAYS for Montana residents and FIFTEEN (15) BUSINESS days for North Dakota residents aged 65 or older). Maryland residents may cancel this Agreement through written notice to the Company for any reason within three (3) months after the date of receipt of goods or services first ordered. Puerto Rico residents may cancel this Agreement for any reason within ninety (90) days of enrollment.
If you cancel, we will refund you the $33 admin fee made by you at the time you submitted this Application will be returned within TEN (10) BUSINESS DAYS following Company’s receipt of your cancellation notice.
16. Submission of Electronic W-9. Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2), I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.
17. Severability. If any provision(s) of this Agreement shall be found to be unlawful or unenforceable, that/those provision(s) shall be deleted from this Agreement and the remaining provisions shall, insofar as possible, be given full force and effect. If any part of this Agreement shall be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, the remainder of this Agreement shall be valid and enforceable and the Parties shall negotiate, in good faith, a substitute, valid and enforceable provision(s) which most nearly effects the Parties’ intent in entering into this Agreement.
18.You have a 14-day grace period to move from your direct referrer to a different marketing partner. This is a one-time change. You must reach out to compliance@myredirect.io and state the reason for your move. Our compliance department will review your request and get back to you within 2 business days. Any changes will take effect the following month.