Monavie Thailand Terms and Conditions 2011


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Monavie Thailand Terms and Conditions 2011

  1. 1. THAILAND (Not For Resale) TERMS AND CONDITIONS©2011 MonaVie, Inc. REV. JUNE 2011
  2. 2. TERMS AND CONDITIONS (NOT-FOR-RESALE) update my expiration date automatically, which will allow MonaVie to process my order payment; however, I agree to be responsible forI hereby submit my Application to participate in MonaVie’s providing current payment. I agree that MonaVie reserves the right toCompensation Plan. These Terms and Conditions are incorporated into change my AutoShip orders to subsequent payment methods addedmy Application MonaVie may accept or refuse my Application at its own by me if my first payment method declines. The charge sequence willdiscretion. I certify that I am old enough to enter into an enforceable be in the order that I list my payment methods in my MonaVie virtualcontract in my jurisdiction of residence. office.1. Parties. I understand that I am contracting with MonaVie Hong 9. If an order cannot be processed due to payment difficulties, Kong, Ltd. (“MonaVie”) for the purchase of its products and the MonaVie will not be held responsible for personal volume shortfalls. right to participate in its compensation plan, and with MonaVie 10. Privacy. MonaVie is committed to collecting and using personal Exporting, Inc., a U.S. company. MonaVie Exporting, a MonaVie information in a fair and lawful manner, ensuring its accuracy, affiliated entity, has the responsibility to promote the sale of Products keeping personal information only for lawful purposes, not using internationally. or disclosing such information in a manner incompatible with2. Agreement. Unless otherwise defined herein, all capitalized terms such purposes, and taking appropriate security measures against shall have the same meaning assigned to such terms in the Policies unauthorized access, disclosure or destruction in accor¬dance with and Procedures. The term “Agreement” shall mean the Consumer the provisions of any legislation regarding personal information Application (of which these Terms and Conditions are a part of, in the country I am operating in. In addition to the personal the Compensation Plan, and the Policies and Procedures and any information provided by the Distributor in connection with its country or situation-specific addendum(s) thereto, and any other application to become a Distributor, the Distributor acknowledges written agreement between the Consumer and MonaVie. I hereby that other personal information will be collected by MonaVie, agree to be bound by the Agreement. including information generated as a result of its work as a3. Compliance with Laws. I agree to comply with all applicable laws Distributor, such as sales figures and other performance details relevant to conduct of my activities as Consumer and participant photographs, advancement information, status, or other business in the Compensation Plan under this Agreement. In particular, related information collectively referred to as “Personal Information”). and without limitation, I must not make any actual or potentially I acknowledge that the Personal Information will be retained by misleading or deceptive claims in relation to commissions and MonaVie and will be used by MonaVie for marketing and other other rewards that might be derived from conducting activities as administration purposes. I acknowledge that MonaVie may from a participant in the Compensation Plan and as a Consumer of time to time disclose this Personal Information in connection with MonaVie products. such purposes to other members of MonaVie’s group and to other4. Rights. I understand that as a Consumer, I have the right (but not the Distributors, all of whom may communicate with me, including obligation) to: by way of electronic messages. I consent to MonaVie collecting, a. buy products from MonaVie in accordance with these Terms and retaining, processing and disclosing Personal Information referred to Conditions in such manner as MonaVie may from time to time above. Such information will be held by MonaVie. I understand that allow in relation to its Consumers generally; I have rights of access to, and correction of, this information b. recommend persons for acceptance as MonaVie Consumers 11. Amendments. MonaVie may be required to amend the Agreement (subject to acceptance by MonaVie); from time to time. MonaVie agrees to notify me of the amendments. c. if qualified, earn bonuses and other rewards pursuant to the 12. Cancellation. I understand that I may cancel this Agreement, without Compensation Plan that will be awarded on the same basis as it penalty, within 14 days of entering into it and that if I do so I allows to its Consumers generally in respect of legitimate sales of am entitled to recover all monies paid to MonaVie. Cancellation MonaVie products, and not in respect of the mere introduction of must be effected by sending written notice to MonaVie via email new Consumers to MonaVie. to I acknowledge that the email notice5. Product Returns. I understand that I can return Products I purchase must be from my email of record and include my name, Customer pursuant to the Policies and Procedures. identification number, password, and address.6. Independent Contractor. I agree that as a MonaVie Consumer I am 13. Term and Termination. The term of this Agreement is one year, an independent contractor, and not an employee, partner, legal subject to earlier termination in accordance with this Agreement or representative, or franchisee of MonaVie. I agree that I will be solely in accordance with law. If this agreement is not renewed, or if it is responsible for paying all expenses incurred by myself, including but terminated for any reason, I understand that my right to purchase not limited to travel, food, lodging, secretarial, office, long distance MonaVie products and receive bonuses will cease. MonaVie telephone and other expenses. I UNDERSTAND THAT I SHALL NOT reserves the right to terminate this Agreement if (i) AFTER NINETY BE TREATED AS AN EMPLOYEE OF MonaVie FOR ANY PURPOSE. (90) DAYS FROM ITS ACCEPTANCE IF I HAVE NOT ORDERED7. Bonus Payments. I understand that I must not be in breach of ANY PRODUCT OR SPONSORED ANOTHER DISTRIBUTOR or if the Agreement to be eligible to receive Bonuses pursuant to the (ii) at any time upon 30 days notice if the Company elects to: (1) Compensation Plan. cease business operations; (2) dissolve as a business entity; or (3)8. AutoShip. I may elect to have Product sent to me monthly on an terminate distribution of its products via direct selling channels, or automatically processed order (AutoShip). To change any detail (iii) at any time upon not less than 7 days notice and without further pertaining to my AutoShip order, my phoned request or my written notice if I breach this Agreement and fails to remedy the breach request (from my email account of record or via regular mail and before the end of the notice period. . I may cancel this Agreement signed by me) must be received by MonaVie 72 hours in advance at any time, and for any reason, upon written notice to MonaVie at of the next shipment. I may change my AutoShip order in my Virtual Office. All orders are subject to applicable VAT, which is included in 14. No Assignment. I may not assign any rights under the Agreement the order price. Shipping & handling charges will also be added. without The prior written consent of MonaVie. Any attempt to transfer The credit card listed on my account will automatically be charged or assign the Agreement without the express written consent of for this order. Orders in which the payment method is declined may MonaVie renders the Agreement voidable at the option of MonaVie not be processed. Attempts may be made by MonaVie to reprocess and may result in termination of my business. MonaVie may assign the order should my payment method decline; however, MonaVie the Agreement to an affiliate without my consent or giving me makes no assurances that these attempts will be made. If a credit notice. card is due to expire, I acknowledge that my issuing bank may 15. Release and Indemnification. To the maximum extent permitted by ©2011 MonaVie, Inc. REV. JUNE 2011
  3. 3. law, MonaVie, its parent or affiliated companies, directors, officers, in accordance with the laws of the State of Utah without regard to shareholders, employees, assigns, and agents (collectively referred principles of conflicts of laws. to as “affiliates”), shall not be liable for, and I release MonaVie 21. Dispute Resolution. All disputes and claims relating to MonaVie, and its affiliates from, all claims for consequential and exemplary the Agreement, or any other claims or causes of action relating damages for any claim or cause of action relating to the Agreement. to the performance of me or another Distributor shall be settled I further agree to release MonaVie and its affiliates from all liability totally and finally by arbitration as set forth in the Policies and arising from or relating to: (a) my or any other Consumer’s breach Procedures. Nothing in the Agreement shall prevent MonaVie from of the Agreement ; (b) the promotion or operation of a MonaVie applying to and obtaining from any court having jurisdiction a business by me or any other Consumer and any activities related to writ of attachment, garnishment, temporary injunction, preliminary it, including, but not limited to, the presentation of Products or the injunction, permanent injunction or other equitable relief available Compensation Plan, the operation of a motor vehicle, the lease of to safeguard and protect its interest prior to, during or following the meeting or training facilities, etc., and agree to indemnify MonaVie filing of any arbitration or other proceeding or pending the rendition and its affiliates for any liability, damages, fines, penalties, or other; of a decision or award in connection with any arbitration or other (c) any incorrect data or information provided by me or any other proceeding. Consumer to MonaVie; (d) my or any other Consumer’s failure to 22. Jurisdiction and Venue. The parties consent to jurisdiction and provide any information or data necessary for MonaVie to operate venue before any federal or state court in Salt Lake County, State of its business; or (e) awards arising from any unauthorized conduct Utah, for purposes of enforcing an award by an arbitrator or any that I undertake. I further agree to indemnify MonaVie for any other matter not subject to arbitration. In the event of a dispute, the liability, damages, fines, penalties or other awards arising from any prevailing party shall be reimbursed attorney’s fees and reasonable unauthorized conduct that I undertake pursuant to the Agreement. travel and accommodation costs by the other party.16. Entire Agreement. The Agreement, in its current form and as 23. Limitation of Action. If I wish to bring an action against MonaVie for amended by MonaVie constitutes the entire contract between any act or omission relating to or arising from the Agreement, such MonaVie and myself. Any promises, representations, offers, or other action must be brought within one year from the date of the alleged communications not expressly set forth in the Agreement are of no conduct giving rise to the cause of action. Failure to bring such force or effect. action within such time shall bar all claims against MonaVie for such17. Waiver. Any variation or waiver by MonaVie of any breach of the act or omission. I agree to waive all claims that any other statutes of Agreement must be in writing and signed by an authorized officer of limitations apply. MonaVie. Waiver by MonaVie of any breach of the Agreement by 24. Successors and Assigns. The Agreement will be legal and binding me shall not operate or be construed as a waiver of any subsequent upon and inure t the benefit of the parties and their respective breach. successors and assigns.18. Severability. 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.19. Delays. MonaVie is not responsible for delays in the performance of its obligations under this Agreement when performance is made commercially impracticable due to circumstances beyond its reasonable control.20. Governing Law. This Agreement will be governed by and construed ©2011 MonaVie, Inc. REV. JUNE 2011