US Terms and Conditions
I acknowledge that I have reviewed this Affiliate Agreement, incorporating the US Terms and Conditions, THE HAIL NETWORK Policies and Procedures, THE HAIL NETWORK Compensation Plan and THE HAIL NETWORK Income Disclosure Statement, which are hereby incorporated into and made part of this Affiliate Agreement by reference (collectively, the "Agreement"). By checking the acceptance box, I agree to comply with, and be bound by, the terms and conditions set forth in this Agreement.
I acknowledge and agree that the Agreement will become a binding agreement upon me and THE HAIL NETWORK only upon acceptance by THE HAIL NETWORK, and that THE HAIL NETWORK will notify me of acceptance of the Agreement via email to the email address I submit with this Agreement. I understand that THE HAIL NETWORK has the right to accept or reject my application to become an Affiliate in its sole discretion. For purposes of this Agreement, THE HAIL NETWORK is referred to as "THN".
I understand that there is no requirement beyond entering into this Agreement and payment of the affiliate fee, as selected when joining, to become an AFFILIATE. No other purchase of sales or training materials or other services are required to become an AFFILIATE and any purchase of sales aids, training materials or training is strictly voluntary. I understand that I am not obligated to purchase THN Products and Services. I also understand that if I choose to sponsor others to become AFFILIATEs and participate in THN'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 referrals I personally make that result in the sale of products and services to a customer and the activities of other AFFILIATEs only to the extent of sales made to customers as a result of their referrals of THN Products and Services.
1. I, the undersigned applicant, represent that I am of legal age to enter into legally binding agreements, and that the information submitted in connection with my application to become an AFFILIATE is complete, true and correct. I agree to promptly notify THN of any changes to such information. If I am executing this Agreement on behalf of a corporation, limited liability company, partnership, trust or other entity, I represent that I have the authority to enter into such agreements for the entity, but nonetheless I agree that in addition to such entity, I will be personally responsible for the performance of all the duties and obligations described in this Agreement.
2. I agree to timely pay for any products, materials, services or other items that I purchase from THN. In the event that I am delinquent with respect to such payments, I acknowledge that THN may offset such debt from any commissions, bonuses, or other compensation earned through the THN Compensation Plan, or any other monies owing to me ("THN Payments").
3. I agree that as an AFFILIATE, I am an independent contractor responsible for my own business and not an agent, legal representative or employee of THN or any supplier, service provider, Certified Contractor or other party with whom THN transacts or contracts business ("THN Providers"). I acknowledge that my AFFILIATE relationship is with THN and not with any THN Provider. I understand that as an AFFILIATE, 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. I shall have no power or authority to bind THN, either directly or indirectly, and I will not take any action inconsistent with this limit of authority, including representing in any manner that I am an agent, representative, legal representative or employee of THN or any THN Provider. I acknowledge that as an independent contractor I am not entitled to holidays, vacations, disability, insurance, pensions or retirement plans, or any other benefits offered or provided by THN to its employees. I understand that I am solely responsible for remitting any taxes and obtaining any business licenses or insurance required by regulations or authorities to conduct my business. I acknowledge and agree that I will not be treated as or represent myself as an employee for purposes of any federal, state or local statute, regulation, ordinance or other law.
4. I may terminate this Agreement for any reason, at any time, by giving THN prior written notice at its address of record or via email to: email@example.com. THN may terminate this Agreement pursuant to the THN Policies and Procedures or in the event that I breach any part of this Agreement. Upon my request following termination of this Agreement and within thirty (30) days from the date of enrollment, THN shall refund the Affiliate Membership Fee paid at the time of enrollment.
5. I acknowledge that as an AFFILIATE, 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 an AFFILIATE have been made by THN or my sponsor. Similarly, I shall not represent directly or indirectly that any person may, can, or will earn any stated amount or that any AFFILIATEs are guaranteed success.
6. I understand that THN Products and Services are offered in different markets on terms and at rates determined by THN Providers and Certified Contractors, and that the markets where the services are offered and the terms and conditions or prices thereof may change from time to time without notice.
7. This Agreement shall become effective upon acceptance by THN and continue for the term selected upon enrollment, unless sooner terminated as permitted herein. My relationship with THN may be extended for additional terms by my agreement to the then current THN AFFILIATE US Terms and Conditions, and payment of THN's then current Affiliate membership fees for the term of membership selected, within 30 days after each term expires. The Affiliate membership fee is for services provided by THN, which include but are not limited to, tracking of personal customers, tracking of downline affiliates and support services. The Affiliate Marketing Kit (AMK) includes, but is not limited to, hosting of an AFFILIATE's THN personal website, materials and training information on the AFFILIATE Back Office, and access to the AFFILIATE support call center. I understand that failure to renew within the specified time frame shall result in termination of this Agreement and my relationship with THN and deactivation of my AFFILIATE position, and shall result in the forfeiture of bonuses, commissions or other payments from THN. However, those rights and obligations which by their nature are intended to survive termination of this Agreement shall survive, including without limitation the provisions governing dispute resolution, indemnification, non-solicitation, confidentiality, and account maintenance fees.
8. In the process of promoting THN 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 THN Products and Services or about the various relationships between THN, the THN Provider(s) and me.
9. I understand that during any investigation by THN with respect to my breach of this Agreement or my conduct as an AFFILIATE, my AFFILIATE position status may be suspended by THN and any THN Payments which may be otherwise owing to me shall be held until final resolution has been achieved. I acknowledge that in the event THN determines that I have violated this Agreement, including THN Policies and Procedures or the THN Compensation Plan, THN may terminate this Agreement and deactivate my AFFILIATE position, in which event I will not be entitled to any THN Payments or further commissions or compensation 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 THN and/or THN Provider(s), including but not limited to, obtaining and maintaining 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 THN as a result of any failure to do so.
11. IN NO EVENT WILL THN OR ANY THN PROVIDER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LIKE), ARISING OUT OF ANY CAUSE, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY OR THE DELAY, ACT, ERROR OR OMISSION OF THN OR ANY THN PROVIDER, OR THE DELIVERY, NONDELIVERY, DISCONTINUATION, OR MODIFICATION OFANY PRODUCT OR SERVICE BY THN OR ANY THN PROVIDER, EVEN IF THN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THN, ANY THN PROVIDER, OR THEIR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE MANUFACTURER’S PUBLISHED WARRANTY.
13. THN shall periodically make various sales literature, promotion materials, training and other products or services available for my use in conducting my business as an AFFILIATE. 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 be responsible for the cost of shipping said materials to THN.
14. I acknowledge that I have the right to refer as many personal customers as I wish. For each personal customer referred that results in a sale, I will be eligible to receive a referral commission based on the published commission schedule by THN and from sales made from personal customers as a result of referrals from Affiliates in my Personal Affiliate Network (PAN), in accord with the currently valid THN Compensation Plan. I understand that eligibility to receive THN Payments is conditioned upon being an active AFFILIATE with a valid Agreement in effect on the date such compensation is scheduled to be paid. THN reserves the right to vary or change eligibility as set out in the THN Compensation Plan. Any other payments I receive will be based upon fulfilling certain terms of qualification as set forth by the THN Compensation Plan. I agree that as a THN AFFILIATE, I shall place primary emphasis upon the referral of THN Products and Services to retail customers.
15. I agree to indemnify and hold THN, the THN Providers and their respective shareholders, directors, officers and employees harmless from any and all claims, damages, and expenses, including any attorney's fees, arising out of my actions or omissions in connection with this Agreement. In the event of a dispute between me and THN as to our respective rights, duties and obligations arising out of or relating to this Agreement and the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. In the event that mediation is unsuccessful, then the parties agree to binding arbitration before the American Arbitration Association pursuant to the Commercial Rules of Arbitration. The arbitration shall be held in Santa Fe, NM before a panel of three arbitrators, each side choosing one and then the two choosing the third. All claims hereunder must be brought within ninety (90) days 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 New Mexico 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 THN from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction.
16. I acknowledge that THN fully reserves its right to modify this Agreement at any time without prior notice by notifying me of the changes, including by posting the revisions on the THN website (www.thehailnetwork.com). This Agreement, including the US Terms and Conditions, the THN Policies and Procedures and the THN Compensation Plan, which have been incorporated herein by reference, constitutes the entire agreement between the parties hereto and shall not be modified or amended except as described herein. In the event of a conflict between the US Terms and Conditions and the THN Policies and Procedures or the THN Compensation Plan, the US Terms and Conditions shall control. For purposes of this Agreement, my address as submitted by me with this Agreement shall be deemed to be my correct address unless and until notification of a change of address is provided by me to THN.
17. This Agreement shall be governed by the laws of the state of New Mexico. I understand that I may not assign this Agreement without the prior written consent of THN, which may be withheld, conditioned, or delayed in THN's sole discretion. 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 this 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 provisions or portions thereof shall not be affected thereby and such authority should reform this Agreement to the extent necessary to render the otherwise unenforceable provision or portion thereof valid and enforceable.
18. I acknowledge that I may receive proprietary and confidential data or information of THN and/or THN Provider(s) which is not publicly known or available to the competitors of THN or THN Providers, including but not limited to information about THN Products and Services, customers, and AFFILIATEs ("Confidential Information"), and I agree that I shall treat such Confidential Information as strictly confidential and that I may not, directly or indirectly use, sell, lend, lease, distribute, license, give, transfer, disclose, disseminate, reproduce or otherwise communicate any such Confidential Information to any person or entity for any purpose other than as authorized by THN in writing. I represent and warrant that I will comply with all THN policies and procedures relating to confidential and proprietary information, and I agree that all prohibitions against disclosure of Confidential Information shall survive the termination of this Agreement.
19. During the term of this Agreement, I agree that I shall not, directly or indirectly, sell or solicit customers for products or services offered by THN through any person or entity other than that specifically designated or approved in writing by THN. I agree that I shall not, during the term of this Agreement 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 THN or any THN Provider, whether or not I originally procured or brought such customer to THN (such activities are collectively referred to and included herein as 'solicitation'). All customers solicited by an AFFILIATE on behalf of THN and THN Providers are deemed to be customers of THN or the THN Provider and not of the AFFILIATE. I understand that such non solicitation prohibition shall be strictly enforced and that each THN Provider shall be a third-party beneficiary of this prohibition. Further, during the term of the Agreement and for a period of one (1) year thereafter, I may not enter into a direct marketing relationship with any THN Provider. During the term of this Agreement and for a period of one (1) year thereafter, I may not solicit a THN AFFILIATE, whether active, inactive, individual or entity, to participate in a network marketing program offered by any other company in the same or similar business as THN. Without limiting in any way THN's right to pursue all rights and remedies available to it, violation of this covenant and condition will result in, but is not limited to, forfeiture of all rights in any AFFILIATE position and THN Payments, including all current and future commissions, bonuses and payments of any kind.
******************NOTICE OF CANCELLATION***************
I may cancel this transaction, without penalty or obligation, for a full refund, within thirty (30) calendar days from the date of this Agreement, exclusive of the date of signing. I understand that if I cancel after the thirty (30) day period, I am not entitled to a refund. This limitation is not applicable in Georgia or where superseded by any state law. If I cancel within the thirty (30) calendar days from the date of this Agreement, any payments made by me under this Agreement will be refunded, as outlined below. If I cancel, I will return any literature or materials I have received from THN in substantially as good condition as when received. To cancel this Agreement, I must email my desire to cancel to: firstname.lastname@example.org. Refunds, requested within the allowed time period, shall be processed and mailed to the Affiliate’s address on file, within 60 days of notice of cancellation. Where applicable state law on cancellation is inconsistent with THN policy, such state law shall be in force.