Prideful Terms and Conditions

1. I understand that as an Independent Consultant for Prideful Patchez (Prideful Patchez) a. I have the right to offer for sale Prideful Patchez products and services in accordance with these Terms and Conditions. b. If qualified, I have the right to earn commissions pursuant to the Prideful Patchez Compensation Plan.

2. I agree to present the Prideful Patchez Marketing and Compensation Plan and Prideful Patchez products and services as set forth in official Prideful Patchez literature.

3. I agree that, as a Prideful Patchez Consultant, I am an independent contractor and not an employee, partner, legal representative, or franchisee of Prideful Patchez. I agree that I will be solely responsible for paying all expenses which I incur in my business, 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 PRIDEFUL PATCHEZ FOR FEDERAL OR STATE TAX PURPOSES. Prideful Patchez 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 required by law. 4.

4. I have carefully read and agree to comply with the Prideful Patchez Policies and Procedures, The Marketing and Compensation, which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the “Agreementâ€). I understand that I must be in good standing and not in violation of the Agreement to be eligible for bonuses or commissions from Prideful Patchez. I understand that the Prideful Patchez Policies and Procedures and/or the Prideful Patchez Marketing and Compensation Plan may be amended at the sole discretion of Prideful Patchez, and I agree to abide by all such amendments. Notification of amendments shall be posted on the Prideful Patchez website. Amendments shall become effective 30 days after publication. The continuation of my Prideful Patchez business 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 fall to annually renew my Prideful Patchez business through the purchase of inventory or if it is canceled or terminated for any reason, I understand that I will permanently lose all right as a consultant. I shall not be eligible to sell Prideful Patchez products and services, nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my 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. Prideful Patchez reserves the right to terminate all Consultant 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. Consultants may cancel this agreement at any time and for any reason upon written notice to Prideful Patchez at its principal business address.

6. I may not assign any rights under the Agreement without the prior written consent of Prideful Patchez. Any attempt to transfer or assign the Agreement without the express written consent of Prideful Patchez renders the Agreement voidable at the option of Prideful Patchez and may result in termination of my business.

7. I understand that if I fail to comply with the terms of the Agreement, Prideful Patchez may, at its discretion impose upon me disciplinary sanctions as set forth in the 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 or commissions, whether or not the sales for such bonuses or commissions have been completed.

8. Prideful Patchez, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliatesâ€); shall not be liable for; and I release Prideful Patchez and its relating affiliates from all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Prideful Patchez and its affiliates from all liability arising from, or relating to, the promotion or operation of my Prideful Patchez business and any activities related to it (e.g. the presentation of Prideful Patchez products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.) and agree to indemnify Prideful Patchez for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.

9. The Agreement, in its current form and as amended by Prideful Patchez at its discretion, constitutes the entire contract between Prideful Patchez and me. Any promises, representations, offers, or other communications not expressly set for in the Agreement are no force or effect.

10. Any waiver by Prideful Patchez of any breach of the Agreement must be in writing and signed by an authorized officer of Prideful Patchez. Waiver by Prideful Patchez of any breach of the Agreement by me shall not operate or be constructed as a waiver of any subsequent breach.

11. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be served, and the served 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.

12. The Agreement will be governed by and constructed in accordance with the laws of the State of California, without regard to principles of conflicts of laws. In the event of a dispute between Consultant and Prideful Patchez arising from, or relating to, the Agreement of the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. Prideful Patchez shall not be obligated to engage in mediation or arbitration as a prerequisite to disciplinary action against a Consultant. If the parties unsuccessful in resolving the dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures. Notwithstanding the foregoing, Prideful Patchez shall be entitled to bring an action before the State or Federal Courts in, Alameda County, State of California, seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including, but not limited to; actions to protect its customer and/or Consultant lists as well as other trade secrets, trademarks, trade names, patents, and copyrights.

13. The parties’ consent to jurisdiction and venue before any federal or state court in Alameda County, State of California, for purposes of enforcing an award by an arbitrator, an action by Prideful Patchez for equitable relief, or any other matter not subject to arbitration.

14. Louisiana Residents: Notwithstanding the foregoing. Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana Law

15. Montana Residents: A Montana resident may cancel his or her Consultant Agreement within 15 days from the date of enrollment and may return his or her enrollment for a full refund within such time period.

16. If a Consultant wishes to bring an action against Prideful Patchez for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against Prideful Patchez for such act or omission. Consultant waives all claims that any other statute of limitations applies.

17. I authorize Prideful Patchez to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.

18. A faxed copy of the Agreement, as well as a digitally scanned copy, or digitally displayed and agreed to, shall be treated as an original in all respects.

 

NOTICE OF RIGHT TO CANCEL

You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the translation will be cancelled. If you cancel, you must make available to the seller, at your residence, in substantially as good condition as when you received, any goods delivered to you under this contract or sale, or may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the sellers expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel the transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram to Prideful Patchez… NOT LATER THAN MIDNIGHT of the third business day following the date of your application.

_____________________                                               __________________

Signature                                                                         Signature (PP Rep)

 

__________________                                                 __________________

Printed Name                                                                        Printed Name