GENUSITY ASSOCIATE AGREEMENT
1. Authorization and Contract. By executing this Genusity Associate Agreement (“Associate Agreement” or “Agreement”), you apply for legal authorization to become a Genusity business owner and enter into contract with Genusity, L.L.C., hereinafter “Genusity.” You acknowledge that prior to signing you have received, read and understood the Genusity Income Disclosure Statement, that you have read and understood the Genusity Policies and Procedures, which are incorporated into this Associate Agreement and made part of it as if restated in full, as posted on www.genusity.com, and that you have read and agree to all terms set forth in this Agreement. Genusity reserves the right to reject any application for any reason within thirty (30) days of receipt.
2. Expiration, Renewal, and Termination. The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If this Agreement is canceled or terminated for any reason, you understand that you will permanently lose all rights as an Associate. You shall not be eligible to sell Genusity services nor shall you be eligible to receive royalties, bonuses, or other income resulting from the activities of your former downline sales organization. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. Genusity reserves the right to terminate all Associate 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 services via direct selling channels. An Associate may cancel this Agreement at any time, and for any reason, upon written notice to Genusity at its principal business address. Genusity may cancel this Agreement for any reason upon thirty (30) days advance written notice to Associate. Genusity may also take actions short of termination of the Agreement, if the Genusity Associate breaches any of its provisions.
3. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of Genusity or your Sponsoring Associate. As a self-employed independent contractor, you will be operating your own independent business, buying and selling services available through Genusity on your own account. 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. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Presenting the Plan. You agree when presenting the Genusity Compensation Plan to present it in its entirety as outlined in official Genusity materials, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on downline volume. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by Genusity. You agree to instruct all prospective Associates to review the Genusity Income Disclosure Statement.
5. Selling the Service. You agree to make no representations or claims about any services beyond those shown in official Genusity literature. You further agree to sell services available through Genusity only in authorized territories.
6. Genusity’s Proprietary Information and Trade Secrets. You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by Genusity, 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 Genusity business including, without limitation, Associate lists, sponsorship trees, and all Genusity Associate information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of Genusity, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with Genusity, Genusity grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and service developments, and Associate sales, earnings and other financial reports to facilitate your Genusity business.
7. Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are an Associate, and for one (1) calendar year following resignation, non-renewal, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other Genusity Associate to compete with the business of Genusity.
8. Images / Recordings / Consents. You agree to permit Genusity 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 Genusity for any lawful purpose, and without compensation.
9. Modification of Terms. With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
10. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with Genusity as set forth in this Associate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of North Carolina without regard to conflict of law provisions. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against Genusity, L.L.C. With jurisdiction and venue as provided by Louisiana law.
11. Dispute Resolution. All disputes and claims relating to Genusity, its services, the rights and obligations of an Associate and Genusity, or any other claims or causes of action relating to the performance of either an Associate or Genusity under the Agreement or the Genusity Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Waxhaw, North Carolina, or such other location as Genusity prescribed, 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. Additionally, you agree not to initiate or participate in any class action proceeding against Genusity, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Genusity from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its 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.
12. Time Limitation. If an Associate wishes to bring an action against Genusity for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. Associate waives all claims that any other statutes of limitations apply.
13. Refund Policy. A Customer/Associate can return their unit(s) within 30 days of purchase for a full refund less shipping and any commissions paid. Upon receiving the unit(s) in good working order, and requesting a refund, a refund will be issued to the debit/credit card used to make the purchase. After the initial 30 days, you own the units and can not get a refund. If you are withing your first 30 days, upon receipt of the unit(s), Genusity will issue the refund to the debit/credit card used to make the purchase if you have asked for a refund. Any payments made outside of our online merchant account (ie. money order, cashiers check, paypal, etc...) are considered non-refundable and no refund will be given for such payments. Upon cancellation of a participant’s (“Associate”) agreement with Genusity, the Associate may return resalable sales aids purchased within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. An Associate may only return sales aids he or she personally purchased from the Company under his or her Participant Identification Number, and which are in resalable condition. Upon receipt of the products and sales aids, the Participant will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account. The Company shall deduct from the reimbursement paid to the Participant any commissions, bonuses, rebates or other incentives received by the Participant that were associated with the merchandise that is returned. A Return Authorization Number (RAN) must be given to the Customer/Associate before returning any unit(s) or sales aids. To get the RAN, send a Support Ticket. At that time, a RAN will be given along with instructions on how to ship back the unit(s) and sales aids. ALL REFUNDS MUST BE REQUESTED VIA SUPPORT TICKET. IF YOU DON'T ASK FOR A REFUND, ONE WILL NOT BE GIVEN.
14. Miscellaneous. If any provision of the 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. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Genusity and supersedes any prior agreements, understandings and obligations between you and Genusity concerning the subject matter of your contract with Genusity.
15. Notice of Right to Cancel. You may request a refund on your enrollment fee if it’s done within seven (7) business days from the date of enrollment. If you cancel, any enrollment fees paid will be returned within TEN (10) BUSINESS DAYS following receipt by the seller of your cancellation notice. To cancel this transaction, mail or deliver written notice, to Genusity, L.L.C., 6618 Walton Hall Ct., Waxhaw, North Carolina, 28173, not later than midnight of the seventh business day following the date of this Agreement.
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.