I understand that there is no requirement beyond entering into this Agreement and payment of the initial fee of $499 (which includes the purchase of a Team Trainer Kit which is sold at ACN's cost) to become an IBO. No other purchase of sales or training materials or other services are required to become an IBO and any purchase of sales aids, training materials or training is strictly voluntary. I understand that my advancement to higher qualification levels in the ACN Compensation Plan is based upon the acquisition of customers and the usage by such customers of products and services offered by ACN ("ACN Products & Services"), and that I am not obligated to purchase ACN Products and Services. I also understand that if I choose to sponsor others to become IBOs and participate in ACN's Compensation Plan, I will not receive any compensation whatsoever for the act of sponsoring or recruiting, and that I will be compensated based upon the activities of other IBOs only to the extent of sales made by them to customers of ACN Products and Services.
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For purposes of these Terms, ACN Digital Phone Service Puerto Rico, LLC, its parents, subsidiaries and affiliates shall be referred to as "ACN".
1. I, the undersigned Applicant, affirm that I am of legal age in the place of execution of this Agreement.
2. I understand that this Agreement is not binding until received and accepted by ACN. I agree to timely pay for any products, materials, services or other items that I purchase from an ACN Company. In the event that I am delinquent with respect to such payments, I acknowledge that ACN may offset such debt from any monies owing to me under its Compensation Program.
3. I agree that I am a non-exclusive IBO responsible for my own business and not an agent, legal representative or employee of ACN, any other ACN Company, or any other party with whom ACN transacts or contracts business ("ACN Provider"), and that I am, and operate under this Agreement as, an independent contractor. I agree that I will not be representing in any manner, that I am an agent, representative, legal representative or employee of ACN, any other ACN Company, or ACN Provider and will not be treated as an employee for purposes of any federal, state or local statute, regulation, ordinance or other law.
4. ACN may terminate this Agreement pursuant to its Policies and Procedures or in the event that I breach any part of this Agreement.
5. I acknowledge that as a non-exclusive IBO, I am not guaranteed any income nor am I assured any profits or success, and I certify that no claims of guaranteed profits or representations of expected earnings that might result from my efforts as a non-exclusive IBO have been made by ACN or my sponsor. In this connection, I shall not represent directly or indirectly that any person may, can or will earn any stated gross or net amount nor that sponsorship of other IBOs is easy to secure or retain or that substantially all IBOs will succeed.
6. I understand the ACN Companies offer various products (including goods and services) in different markets and, based on business conditions, certain products or the markets where the products are offered may change from time to time without notice. Further, I understand that ACN strongly recommends the marketing of all available services by IBOs to their prospective customers.
7. ACN's renewal fee commences after the IBO's first anniversary date. The annual fee is for services provided by ACN which include but are not limited to tracking of personal customers, tracking of downline IBOs and accounting services. The IBO can obtain a renewal application from the ACN website. Renewal application and fee must be received by ACN no later than 30 days after the IBO's anniversary date or deactivation of the IBO position will occur, resulting in the forfeiture of bonuses, commissions or other payments from ACN. There is a fee to process all payments made to IBOs.
8. In the process of selling or otherwise promoting the ACN Products and Services, I agree that I will operate in a lawful, ethical and moral manner and I agree to make no false or misleading statements regarding the ACN Products and Services or about the various relationships between ACN, the ACN Provider(s) and me. I agree not to recruit new IBOs on the basis of promoting the sale of any one service offered by ACN and that I shall follow the company?s recommended practices of promoting and selling all services. I specifically acknowledge that I shall not engage in the slamming of a customer.
9. I understand that during any investigation by ACN with respect to my breach of this Agreement and/or ACN's Policies and Procedures or my conduct as an IBO, my IBO position status may be suspended by ACN and any payments which may be otherwise owing to me shall be held until final resolution has been achieved. I acknowledge that in the event of my violation of this Agreement and/or ACN's Policies and Procedures my distributorship rights may be terminated without further receipt of commissions or payments of any kind.
10. I agree to keep accurate records and shall not engage in or perform any misleading, deceptive or unethical practices. I further agree to abide by all federal, state and local laws and regulations governing the sale or solicitation of the products and services marketed by ACN and/or its carrier/supplier/service provider(s), including but not limited to, any and all permits and licenses required to perform under this Agreement and I understand that I will be personally liable for any fines and other expenses incurred by ACN, any ACN Company or any ACN Provider as a result of any failure to do so.
11. None of ACN, any other ACN Company, or any ACN Provider shall be liable under any circumstances for any damage or loss of any kind, including indirect, special, punitive, compensatory, or consequential damages, losses or profits which may result from any cause, including but not limited to, breach of warranty, delay, act, error or omission of ACN or any ACN Provider, or in the event of discontinuation or modification of a product or service by ACN, an ACN Company, or any ACN Provider. I agree to indemnify ACN for any direct or indirect damages or losses of any kind caused by me voluntarily, negligence or by accident. I understand that the obligations of ACN and the ACN Providers are limited to the performance of best efforts to process customer orders for acceptance and approval of requested services.
12. I acknowledge that my IBO relationship is with ACN Opportunity, LLC and not with any other ACN Company or ACN Provider. I understand that as an IBO, I am free to select my own means, methods and manner of operation and that I am free to choose the hours and location of my activities under this Agreement, subject only to the terms of this Agreement and all ACN Policies and Procedures, and that ACN may have other IBOs in all parts of Puerto Rico and elsewhere. I also acknowledge that I am NOT an exclusive representative of ACN in Puerto Rico or any area comprised therein.
13. I acknowledge that ACN markets products and services to end customers at rates established by ACN or its carrier/supplier/service provider(s) from time to time and that those products, services and rates shall be subject to change without prior notice.
14. I acknowledge that I am responsible for supervising and supporting Independent Business Owners of my downline. I agree to maintain regular communication in support of my downline IBOs through verbal and written communications.
15. ACN shall periodically make various sales literature, promotion materials, training and other products or services available. I, however, am under no obligation to purchase any quantities of those materials or services at any time. Rather, I will have the option to order and purchase any materials or services, which I may choose. If I choose to purchase such materials then I may return any unused, unopened and currently marketable items for up to one year and receive a refund of 90% of the purchase price. I will incur the cost of shipping said materials to ACN.
16. I acknowledge that I have the right to sign up as many personal customers as I wish. For each personal customer signed, I will receive a commission each month from my personal customers? usage payments for ACN Products and from usage payments from my network of IBOs in accord with the currently valid ACN Compensation Plan. I understand that eligibility to receive ACN payments is conditioned upon being an active IBO with a valid Agreement in effect on the date such compensation is scheduled to be paid. ACN reserves the right to vary or change eligibility as set out in the ACN Compensation Plan. Any other payments I receive will be based upon fulfilling certain terms of qualification as set forth by the ACN Compensation Plan. I agree that as an ACN IBO, I shall place primary emphasis upon the sale of ACN Products and Services to customers. Under certain circumstances, commission rates may be adjusted for promotional products or negotiated pricing. I agree that any payments made to me by ACN in check form that remain uncashed by me after six (6) months from the date on the check are forfeited by me and thereafter are the property of ACN.
17. I agree to indemnify and hold ACN, the other ACN Companies, the ACN Providers, and their respective shareholders, directors, officers and employees harmless from any and all claims, damages, and expenses, including any attorneys? fees, arising out of my actions or conduct in violation of this Agreement. In the event a dispute shall arise between myself and ACN as to our respective rights, duties and obligations arising out of or relating to this Agreement, and the Policies and Procedures of ACN it is agreed that such disputes shall be exclusively resolved through binding arbitration before the American Arbitration Association pursuant to the Commercial Rules of Arbitration. The arbitration shall be held in Charlotte, North Carolina before a panel of three arbitrators, each side choosing one and then the two choosing the third. All claims hereunder must be brought within two (2) years of the date on which the facts or circumstances giving rise to the claim are alleged to have happened. The laws of the state of North Carolina will apply to the resolution of the dispute unless otherwise agreed in writing. The award of the arbitrator shall be final and may be entered in any court of competent jurisdiction. This provision shall not restrict ACN from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction.
18. I acknowledge that I have received the ACN Policies and Procedures. I understand and agree that the Policies and Procedures are binding upon me. I further acknowledge that ACN fully reserves its right to modify this Agreement, the ACN Policies and Procedures and its Compensation Plan at any time by providing me with written notification or verbal communication through the ACN website (www.acninc.com), or such modifications through other written or verbal communication from ACN. Any changes to this Agreement made by ACN may apply: (1) upon the date of execution or posting of the amended Agreement on the ACN website, or (2) prospectively to some specified date in the amendment. Any such changes are incorporated as part of this Agreement. No amendment shall apply retroactively. I understand that although I may be provided with information concerning ACN, its business, my IBO status and other matters by parties other than ACN, including my sponsor and other ACN Independent Business Owners, to the extent that any such information conflicts with the terms of the Agreement or the ACN Documents, this Agreement shall be controlling in all cases. To the extent of any conflict between the Policies and Procedures and any other ACN material, the Policies and Procedures shall prevail. For purposes of this Agreement, my address as indicated on this Agreement shall be deemed to be my correct address unless and until written notification of a change of address is provided by me to ACN
19. I acknowledge that this Agreement, the Compensation Plan and the ACN Policies and Procedures incorporated herein by references constitute the entire Agreement between the parties hereto and shall not be modified or amended except as described as above. This Agreement shall be binding upon and inure to the benefit of heirs, successors and permitted assigns of the parties hereto. If any provision of the Agreement is determined by any authority of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason whatsoever, the validity of the remaining provision or portions thereof shall not be affected thereby.
20. I acknowledge that the Compensation Plan is based on current products ACN is marketing and is subject to change without notice.
21. During the term of the Non-Exclusive Independent Business Owner Agreement, IBOs may not, directly or indirectly, sell to or solicit telecommunications/Internet services or other products or services offered by ACN through any person or entity other than that specifically designated or approved in writing by ACN. Independent Business Owners shall not, during their relationship with ACN and for a period of one (1) year thereafter, directly or indirectly, divert, entice, knowingly call upon, sell or solicit, take away or move any customer of ACN or its carrier/supplier/service provider(s), whether or not the Independent Business Owner originally procured or brought such customer to ACN (such activities are collectively referred to herein as 'Solicitation').
All customers solicited by Independent Business Owners on behalf of ACN and its carrier/supplier/service provider(s) are deemed to be customers of ACN or its carrier/supplier/service provider(s) and not of its Independent Business Owners. Independent Business Owners understand that such non-solicitation prohibition shall be strictly enforced and that ACN's carrier/supplier/service provider(s) shall be a third party beneficiary of this prohibition as well as any proprietary and confidential information provided to ACN which in turn is received by Independent Business Owner. Further, during the term of the Independent Business Owner Agreement and for a period of one (1) year thereafter, Business Owners may not enter into a direct marketing relationship with any carrier/supplier/service provider of ACN. During the term of this Agreement and for a period of one (1) year thereafter, ACN Independent Business Owner may not solicit an ACN Independent Business Owner, whether active, inactive, individual or entity to participate in a network marketing program offered by any other company, regardless of whether or not such network marketing company offers competing products or services. Violation of this covenant and condition will result in, without limiting ACN?s remedies, in forfeiture of all distributorship rights, including all current and future commissions, bonuses and payments of any kind.
*****************NOTICE OF CANCELLATION**************
I may cancel this contract: (a) at any time and for any reason within the term of ninety (90) days after signature hereof; (b) at any time upon showing of non-compliance with any of the essential obligations of this contract on the part of ACN or any act or omission by ACN that adversely affects my interests in the development of the market of the ACN services. To cancel this Agreement, I must mail, by registered mail, a written, signed and dated notice of cancellation to: ACN,1000 Progress Place, Concord, NC 28025-2449. I hereby apply to become an Independent Business Owner conditions of this Agreement including terms #6 to #21, the Compensation Plan, the Anti-Slamming Policy and the Policies and Procedures which are incorporated by reference herein.
Yes, I want to become an Independent Business Owner. Neither I, nor my spouse/life partner (unless they are my sponsor), have had any other interest and/or benefit in any other ACN IBO position within the 12 months prior to the effective date of this Agreement. I have read and agree to be bound by all of the terms and conditions of this Agreement, including the US Terms and Conditions, the ACN Policies and Procedures, and the ACN Compensation Plan, all of which are incorporated into this Agreement and are available for me to review, store, or print at www.acninc.com.
No, I don't want to become an Independent Business Owner
If you need assistance, please contact ACN IBO Support Services at 704-260-3226.