Before you may continue with your application, please review the terms and conditions of the Distributor Agreement and Policies and Procedures located below.
I understand that as a Juvenaé Ambassador:
a. I have the right to purchase products from Juvenaé at the published price for Ambassadors as of the date of purchase.
b. I have the right to receive commissions or other compensation as set forth in the Juvenaé Global Compensation Plan as it currently exists or may be modified from time to time by Juvenaé.
c. I have the right to sponsor qualified persons or entities as Ambassadors in Juvenaé.
d. I will assist, train, support and motivate the Ambassadors in my downline marketing organization.
e. I will comply with all federal, state, county and municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any federal, state, county or municipal law, ordinance, rule or regulation.
f. I will perform my obligations as an Ambassador with honesty and integrity and will at all times conduct myself appropriately at all Juvenaé events.
g. I will only use the sales contracts and order forms which are provided by Juvenaé for the sales of its products, and I will follow all policies and procedures established by Juvenaé for the completion and processing of such contracts and orders.
2. I agree to present the Juvenaé Compensation Plan and Juvenaé products as set forth in official Juvenae literature. I will make no claims regarding potential income, earnings, and products beyond what is stated in official Juvenaé literature. I may not use, produce, create, publish, distribute, or obtain from any source other than Juvenaé, any literature, recordings (audio, video, or otherwise), sales or enrollment aids relating to Juvenaé products or the Juvenaé Compensation Plan. I understand that I may not use or display any Juvenaé trademarks, trade names, service marks, logos, designs or symbols to market and advertise Juvenaé 's products or the Juvenaé opportunity without first obtaining written authorization from Juvenaé.
3. I agree that as a Juvenaé Ambassador I am an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of Juvenaé. 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 Juvenaé. I understand that I shall control the manner and means by which I operate my Juvenaé Ambassadorship, subject to my compliance with these Terms and Conditions, the Juvenaé Policies and Procedures and the Juvenaé Compensation Plan (all of which are collectively referred to as the "Agreement"). I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, administrative support, office, telephone, internet and other expenses.
I UNDERSTAND AND AGREE THAT I AM NOT, AND SHALL NOT BE TREATED AS, AN EMPLOYEE OF JUVENAE FOR FEDERAL, STATE OR LOCAL TAX PURPOSES. Juvenaé 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 Juvenaé and all appropriate taxing jurisdictions, and all related rules and procedures.
4. I have carefully read and agree to comply with the Juvenaé Policies and Procedures and the Juvenaé Compensation Plan, both of which are incorporated into and made a part of these 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 or commissions from Juvenaé. I understand that these Terms and Conditions, the Juvenaé Policies and Procedures, or the Juvenaé Compensation Plan may be amended from time to time, and I agree that any such amendment will apply to me. Notification of amendments shall be published in official Juvenaé materials and sent to all Ambassadors. The continuation of my Juvenaé Ambassadorship or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
5. The term of this Agreement is one year. If I fail to annually renew my Juvenaé business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Ambassador. I shall not be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. Juvenaé expressly reserves the right to terminate all Ambassador Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling. In the event of cancellation, termination or nonrenewal, I agree to 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.
6. I may not assign any rights or delegate my duties under this Agreement without the prior written consent of Juvenaé. Any attempt to transfer or assign this Agreement without the express written consent of Juvenaé renders this Agreement voidable at the option of Juvenaé and may result in termination of my Ambassadorship.
7. I understand that if I fail to comply with the terms of this Agreement, the Policies and Procedures, or the Compensation Plan, Juvenaé may, at its discretion, terminate my Ambassadorship or impose upon me other disciplinary action, including but not limited to, forfeiture of bonuses and commissions, and/or loss of all or part of my downline marketing organization. If I am in breach, default or violation of this Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. If this Agreement is terminated for any reason, I will forever lose my rights as a Ambassador, including rights to my downline marketing organization, and rights to compensation pursuant to the Juvenaé Compensation Plan. If I fail to pay for products when payment is due, I authorize Juvenaé to withhold the appropriate amounts from my bonus or commission checks, to charge my credit cards, or debit my checking accounts, if any, which I have authorized Juvenaé to charge. I understand that the failure to promptly pay for products constitutes a breach of this Agreement.
8. To the extent permitted by law, Juvenaé , its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred as "affiliates"), shall not be liable for, and I release Juvenaé and its affiliates from, any and all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by me as a result of: (a) my breach of this Agreement or the Juvenaé Policies and Procedures; (b) the improper promotion or operation of my Ambassadorship and any activities related to it (e.g., the presentation of Juvenaé products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.); (c) any incorrect or wrong data or information provided by me; or (d) the failure to provide any information or data necessary for Juvenaé to operate its business, including without limitation, my enrollment and acceptance into the Global Compensation Plan or the payment of Commissions or Bonuses. I agree that the entire liability of Juvenae and its affiliates for any claim whatsoever related to the relationship of Juvenaé and myself, including, but not limited to, any cause of action sounding in contract, tort or equity shall not exceed, and shall be limited to, the amount of products I have purchased from Juvenaé under this Agreement or any other agreement that are in resalable condition. I further agree to indemnify, hold harmless, and defend at my expense Juvenaé and its affiliates against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees and all other expenses arising or alleged to arise in connection with my Ambassadorship.
9. This Agreement constitutes the entire contract between Juvenaé and myself with regards to the subject matter contained herein. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect. To the extent of any conflict or inconsistency between this Agreement and any other agreement (other than the Policies and Procedures), this Ambassador Application and Agreement shall supersede and prevail over any term of any other agreement as to the matters addressed herein. To the extent of any conflict or inconsistency between this Agreement and the Policies and Procedures (in their current form or as subsequently modified), the Policies and Procedures shall in all instances supersede and prevail over any term of this Agreement as to the matters addressed herein.
10. Any waiver by Juvenaé of any breach of this Agreement must be in writing and signed by an authorized officer of Juvenaé. Waiver by Juvenaé of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
11. In the event that a 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.
12. This Agreement will be governed by and construed in accordance with the laws of the State of Idaho, unless the laws of the state in which I reside expressly require the application of its laws. Except as set forth in the Juvenaé Policies and Procedures, or unless the laws of the state in which I reside expressly prohibit the consensual jurisdiction and venue provisions of this Agreement, in which case its laws shall govern, all disputes and claims relating to Juvenaé , the Ambassador Agreement, the Juvenaé Compensation Plan or its products, the rights and obligations of an independent Ambassador and Juvenaé , or any other claims or causes of action relating to the performance of either an independent Ambassador or Juvenae under the Agreement or the Juvenaé Policies and Procedures shall be settled totally and finally by binding arbitration in Idaho Falls, ID or such other location as Juvenaé prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The parties shall be allowed all discovery rights pursuant to the Federal Rules of Civil Procedure. If a Ambassador files a claim or counterclaim against Juvenaé, a Ambassador shall do so on an individual basis and not with any other Ambassador or as part of a class action. If a Ambassador wishes to bring an action against Juvenaé 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 Juvenaé for such act or omission. Ambassador waives all claims that any other statutes of limitations applies. The decision of the arbitrator shall be final and binding on the parties and may, if need be, be reduced to a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement.
13. The parties consent to jurisdiction and venue before any federal or state court in the Seventh Judicial District of the State of Idaho for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration. If the law of the state in which the applicant resides prohibits consensual jurisdiction and venue provisions for purposes of arbitration and litigation, that state's law shall govern issues Juvenae.