My Total Wellness
1. Authorization and Contract. By executing this My Total Wellness Distributor Agreement (“Agreement”), you apply for legal authorization to become a My Total Wellness business owner and enter into contract with My Total Wellness LLC, hereinafter “My Total Wellness” You acknowledge that prior to signing you have received, read and understood the My Total Wellness Income Disclosure Statement, that you have read and understood the My Total Wellness Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on www.mytotalwellness.com, and that you have read and agree to all terms set forth in this Agreement. My Total Wellness reserves the right to reject any application for any reason within fifteen (15) days of receipt.
2. Expiration, Renewal, and Termination. The term of this Agreement is one (1) year (subject to prior cancellation or disqualification pursuant to the Policies and Procedures). If you fail to renew your My Total Wellness business, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Distributor, lose the ability to sell My Total Wellness products and services, lose the eligibility 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. My Total Wellness reserves the right to terminate all Distributor Agreements upon three (3) days’ notice if the Company elects to: (1) cease the operation of its business; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services through direct selling channels. Distributor may cancel this Agreement at any time, and for any reason, upon written notice to My Total Wellness at its principal business address. My Total Wellness may cancel this Agreement for any reason upon three (3) days advance written notice to Distributor. If the Distributor breaches any of its provisions, My Total Wellness may also take actions short of termination of this Agreement,
3. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of My Total Wellness or your Sponsoring Distributor. As a self-employed independent contractor, you will operate your own independent business, buying and selling products available through My Total Wellness 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. By agreeing to these terms, you agree to receive the 1099-MISC form via electronically. It will be your sole responsibility to account for such income on your individual income tax returns.
4.Refunds and Product Returns. When applicable, You agree that if you resell product directly to a customer, you will adhere to My Total Wellness’s 100% satisfaction guarantee policy and shall provide customer a refund of all monies paid if the customer returns the product to you within thirty (30) days of the sales transaction. If you are not 100% satisfied with our products, you may return the items for a refund if (i) neither you nor we have terminated the Agreement; (ii) the products were purchased within three (3) months; and (iii) and remain in resalable condition (as defined in the Policies and Procedures). The refund shall be 100% of the purchase price. Shipping and handling charges incurred WILL NOT be refunded.
5. Presenting the Plan. You agree when presenting the My Total Wellness Compensation Plan to present it in its entirety as outlined in official My Total Wellness 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 My Total Wellness. You agree to instruct all prospective Distributors to review the My Total Wellness Income Disclosure Statement.
6. Selling Product. You agree to make no representations or claims about any products beyond those shown on product labels and/or in official My Total Wellness literature. You further agree to sell products available through My Total Wellness only in authorized territories.
7. My Total Wellness’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 My Total Wellness, 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 My Total Wellness business including, without limitation, Distributor lists, sponsorship trees, and all My Total Wellness Distributor information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of My Total Wellness, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with My Total Wellness, My Total Wellness 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 product developments, and Distributor sales, earnings and other financial reports to facilitate your business.
8. Non-Competition Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are a Distributor, and for six (6) months following resignation, non-renewal, or termination of your business, you will not compete with My Total Wellness. This covenant shall survive the expiration or termination of your authorization and contract with My Total Wellness.
9. Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are a Distributor, 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 My Total Wellness Distributor to compete with the business of My Total Wellness.
10. Images / Recordings / Consents. You agree to permit My Total Wellness 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 My Total Wellness for any lawful purpose, and without compensation.
11. 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 the Policies and Procedures.
12. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with My Total Wellness as set forth in this Distributor Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Utah without regard to conflict of law provisions. As for Louisiana residents, notwithstanding the foregoing, Louisiana residents may bring an action against My Total Wellness with jurisdiction and venue as provided by Louisiana law.
13. Dispute Resolution. All disputes and claims relating to My Total Wellness, its products and services, the rights and obligations of a My Total Wellness Distributor, or any other claims or causes of action relating to the performance of either a Distributor or My Total Wellness under the Agreement or the My Total Wellness Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in South Jordan, Utah or such other location as My Total Wellness prescribes, 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 My Total Wellness, 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 My Total Wellness 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.
14. Time Limitation. If a Distributor wishes to bring an action against My Total Wellness 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. Distributor waives all claims that any other statutes of limitations apply.
15. 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 My Total Wellness and supersedes any prior agreements, understandings and obligations between you and My Total Wellness concerning the subject matter of your contract with My Total Wellness.
16. Notice of Right to Cancel. You may request a refund on your enrollment fee if it’s done within ten (10) business days from the date of enrollment. If you cancel, any enrollment fees paid will be returned within three (3) business days following receipt by the seller of your cancellation notice. To cancel this transaction, mail or deliver written notice, to [email protected], not later than midnight of the tenth business day following the date of this Agreement.
17. 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.