This agreement describes the entire terms and conditions for participation in Synergy Systems Global Inc. Distributors Program. In this agreement, the term "Participant" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to Synergy systems Global Inc. and the terms "product" or "products" refer to Synergy Systems Global Inc.’s products. Commission Fee Amount: The purchase price of commission fee qualifying products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by Synergy Systems Global Inc., shipped/sent to a customer and for which Synergy Systems Global Inc. has received full payment will qualify for a commission fee of 20% of retail prices, 9% of wholesale prices. (wholesale price apply for 12+ bottles of the same product) Bringing another distributor: If you wish to bring in another distributor to work with you, you will have to share your commission (see example in Distributor Program). The other distributor will need to sign an agreement similar to this one. We will split the commission and pay all the distributors. Commission Fee Payment: Synergy Systems Global Inc. will send a commission fee check for the applicable commission fee approximately 5 days after the 1st of each calendar month. Commission Fees: Returns and Cancellations: If a commission fee product is later returned by the customer, its commission fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed. Order Processing: Synergy Systems Global Inc. will be solely responsible for processing every order placed by a customer through our website. Order entry will use Synergy Systems Global Inc.’s secure online ordering process, Synergy Systems Global Inc.’s phone line, or Synergy Systems Global Inc. fax line. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Synergy Systems Global Inc. All of the rules, operating procedures and policies of Synergy Systems Global Inc. regarding customer orders and accounts will apply to orders we receive through our website. Synergy Systems Global Inc. reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Tracking of Sales: Synergy Systems Global Inc. will be solely responsible for tracking sales we make to customers from our website. Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, product descriptions and articles obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Synergy Systems Global Inc. will not be responsible if you use another party's copyrighted material in violation of the law. As an independent distributor for Synergy Systems Global Inc., you shall not diagnose any medical condition or prescribe any Synergy Systems Global Inc.’s product as a specific treatment for any disease or condition. You acknowledge that federal laws prohibit any suggestion that a substance may replace or supplement the need for established diagnostic or medical and/or treatment. You agree to indemnify and hold Synergy Systems Global Inc. harmless from any and all liability including jugments, civil penalities, attorney’s fees, court costs, or lost business incurred by Sysnergy Systems Global Inc. as a result of any misrepresentation or unathorized statements by you as a distributor. Synergy Systems Global Inc. policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of Synergy Systems Global Inc. The Participant does not have the authority to make or accept any offer on behalf of Synergy Systems Global Inc. All Synergy Systems Global Inc. policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Synergy Systems Global Inc. is not responsible for any representations made by the Participant, which contradict our policies. Product prices and availability: The price charged for every product sold under this program will be determined by Synergy Systems Global Inc. according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on Synergy Systems Global Inc. webpage. Product availability can change, and Synergy Systems Global Inc. will present the best information available to all sponsoring sites and its clients regarding product availability. International Distributors/Participants: You will be responsible for customs regulation of your own country. Since import laws differ from one country to another, Synergy Systems Global Inc will not be held responsible for any product held by the customs of your country. Each distributor in a foreign country may be required to provide to Synergy Systems Global Inc. copies of governmental registrations, licenses and/or permits necessary for Distributor to market, sell and import the products of Synergy Systems Global Inc. into a foreign country. Website service interruption: Synergy Systems Global Inc. will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Synergy Systems Global Inc. liable for any of the consequences of such interruptions. Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the non-exclusive right to our Trademarks and Trade Names in connection with marketing and sales of these services. Distributor shall not use the trade name Synergy Systems Global Inc. or its trademark as part of Distributor’s own name, or to imply in any other way that Distributor is an agent or employee of Synergy Systems Global Inc. Any written, printed, graphic or electronically or magnetically recorded information furnished by Synergy Systems Global Inc. for Distributor/Participant’s use are the sole properties of Synergy Systems Global Inc. Distributor/Participant agrees to refrain from doing the following: (a) Call on, solicit or take away any of Synergy Systems Global Inc.’s current or potential customers of whom Distributor/Participant became aware in performing services under this Agreement: or (b) Solicit or hire away any of Synergy Systems Global Inc.’s employees or contractors of whom Distributor/Participant became aware in performing services under this Agreement. Term of the Agreement: The Participant may receive commission fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Synergy Systems Global Inc., and shall end when canceled by either party as provided below. Commission Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid. The agreement may be modified: Synergy Systems Global Inc. reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website. Any such change will become an amendment to this agreement between Synergy Systems Global Inc. and Distributor and shall become effective concurrent with the date of notification through posting on the Synergy Systems Global Inc. website. Cancellation of this agreement: Either Synergy Systems Global Inc. or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. Warranty Disclaimer: Miscellaneous: Participant and Synergy Systems Global Inc. are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Synergy Systems Global Inc. Subject to the foregoing restriction, this agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assigns. Distributor/Participant is responsible for paying all income taxes, including estimated taxes, incurred as a result of the compensation paid by Synergy Systems Global Inc. to the Distributor/Participant for services rendered under this Agreement when due. Distributor/Participant agrees to indemnify Synergy Systems Global Inc. for any claims, costs, losses, fees, penalties, interest or damages suffered by Synergy Systems Global Inc. resulting from the Distributor/Participant’s failure to comply with this provision. NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE MADE FOR ANY PRODUCTS PROVIDED TO DISTRIBUTOR EXCEPT AS SPECIFICALLY DESCRIBED IN THE STATEMENT OF POLICIES AND PROCEDURES OF SYNERGY SYSTEMS GLOBAL INC. THIS LIMITATION ON WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Synergy Systems Global Inc. specifically disclaims any responsibility for the accuracy, content or availability of information contained on any website of third parties that link or are in any way connected to the products. GENERAL PROVISIONS Any controversy between the parties to this Agreement involving the construction or application of any of the terms, covenants or conditions of this Agreement will, on the written request of one party served on the other, be submitted to arbitration. The arbitration will comply with, and be governed by, the provisions of the California Arbitration Act. The parties will each appoint one person to hear and determine the dispute. If those two persons are unable to agree, then they will select a third impartial arbitrator whose decision will be final and conclusive on both parties. The cost of arbitration will be borne in a proportion the arbitrators determine. The parties agree that in the event of a breach of this Agreement by either party, it may be impractical or extremely difficult to fix actual damage incurred by the breached party, and therefore, the breaching party will pay the compensation payable to the Contractor for the proceeding month plus accrued unreimbursed expenses incurred by the breached party. If such Contractor compensation for the proceeding month cannot be determined, the liquidated damages should be the sum of $2,000.00 plus accrued unreimbursed expenses incurred by the breached party. In either case, such liquidated damages shall be paid by the breaching party to the breached party and represents a reasonable compensation for the loss incurred because of the breach. If any legal action based on contract law, including an action for declaratory relief, is brought to enforce or interpret the previsions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. This Agreement will be governed by and construed in accordance with the laws of the State of California.
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Synergy Systems Global Inc. 454 Las Gallinas Avenue, #299 San Rafael, CA 94903 Order toll-free: 1-877-806-2812. Fax: 1-877-512-3062 info@nowsynergy.com