RTISTREE AFFILIATE MEMBER AGREEMENT
1. Authorization and Contract. By executing the Rtistree Affiliate Member Agreement (“Agreement”), you apply for legal authorization to become a Rtistree business owner and enter into contract with Rtistreem, Inc., hereinafter “Rtistree” You acknowledge that prior to signing you have received, read and understood the Rtistree Income Disclosure Statement, that you have read and understood the Rtistree Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on www.rtistree.com, and that you have read and agree to all terms set forth in this Agreement. Rtistree reserves the right to reject any application for any reason within 30 days of receipt.
2. Expiration, Renewal, and Termination. The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If you fail to annually renew your Rtistree business, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as an Affiliate Member. You shall not be eligible to sell Rtistree products and services nor shall you be eligible 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. Rtistree reserves the right to terminate all Affiliate Member 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. Affiliate Member may cancel this Agreement at any time, and for any reason, upon written notice to Rtistree at its principal business address. Rtistree may cancel this Agreement for any reason upon 30 days advance written notice to Affiliate Member. Rtistree may also take actions short of termination of the Agreement, if the RtistreeAffiliate Member breaches any of its provisions.
3. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of Rtistree or your Sponsoring Affiliate Member. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products available through Rtistree 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. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Refunds Requests. Refund Policy. Rtistree offers a one hundred percent (100%) seven-day money back guarantee for distributors and customers on their initial subscription fee. Distributors and customers are strongly encouraged to research the contents of the Rtistree offerings before purchasing.
5. Presenting the Plan. You agree when presenting the Rtistree Compensation Plan to present it in its entirety as outlined in official Rtistree 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 Rtistree. You agree to instruct all prospective Affiliate Members to review the Rtistree Income Disclosure Statement.
6. Rtistree’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 Rtistree, 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 Rtistree business including, without limitation, Affiliate Member lists, sponsorship trees, and all RtistreeAffiliate Member information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of Rtistree, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with Rtistree, Rtistree 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 Affiliate Member sales, earnings and other financial reports to facilitate your Rtistree business.
7. Non-Competition Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are an Affiliate Member, and for six months following resignation, non-renewal, or termination of your business, you will not compete with Rtistree. This covenant shall survive the expiration or termination of your authorization and contract with Rtistree.
8. Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are an Affiliate Member, and for one 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 RtistreeAffiliate Member to Compete with the business of Rtistree.
9. Images / Recordings / Consents. You agree to permit Rtistree 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 Rtistree for any lawful purpose, and without compensation.
10. Modification of Terms. The terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
11. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with Rtistree as set forth in this Affiliate Member Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of New York without regard to conflict of law provisions.Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against Rtistreem, Inc. with jurisdiction and venue as provided by Louisiana law.
12. Fax copy. A faxed copy of the Agreement shall be treated as an original in all respects.
13. Dispute Resolution. All disputes and claims relating to Rtistree, its products and services, the rights and obligations of an Affiliate Member and Rtistree, or any other claims or causes of action relating to the performance of either an Affiliate Member or Rtistree under the Agreement or the Rtistree Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Springfield Gardens, New York, or such other location as Rtistree 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. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Rtistree 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 an Affiliate Member wishes to bring an action against Rtistree 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. Affiliate Member 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 Rtistree and supersede any prior agreements, understandings and obligations between you and Rtistree concerning the subject matter of your contract with Rtistree.
16. Montana residents: A Montana resident may cancel his or her Affiliate Member Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period. Additionally, all Montana residents are entitled to a twelve month refund on all unsold inventory and sales aids in the event of resignation or termination.
17. Notice of Right to Cancel. You may request a refund on your enrollment fee if it’s done within seven business days from the date of enrollment. If you cancel, any enrollment fees paid will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice. Any product purchases made within the seven days but after three days return policy cannot and will not be refunded. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice, or any other written notice, to Rtistreem, Inc.,144-23 223rd Street, Springfield Gardens, New York, 11413, not later than midnight of the seventh business day following the date of this Agreement.