{"id":23674,"date":"2021-11-19T20:31:31","date_gmt":"2021-11-20T02:31:31","guid":{"rendered":"https:\/\/wealtheo.com\/?page_id=23674"},"modified":"2021-11-19T20:44:27","modified_gmt":"2021-11-20T02:44:27","slug":"app-reg-terms","status":"publish","type":"page","link":"https:\/\/wealtheo.com\/app-reg-terms\/","title":{"rendered":"app-reg-terms"},"content":{"rendered":"\t\t
Authorization and Contract. <\/span>By executing this <\/span>WEALTHEO\u2122<\/span> Consultant & Affiliate Agreement (\u201cAgreement\u201d), you apply for legal authorization to become a <\/span>WEALTHEO\u2122 <\/span>business owner or affiliate and enter into contract with Wealtheo, Inc., hereinafter \u201cWealtheo\u201d You acknowledge that prior to signing you have received, read and understood the <\/span>WEALTHEO<\/span> Income Disclosure Statement, that you have read and understood the <\/span>WEALTHEO<\/span> Policies and Procedures<\/span>,<\/span><\/a> which are incorporated into this Agreement and made part of it as if restated in full, as posted on <\/span>WEALTHEO<\/span>, and that you have read and agree to all terms set forth in this Agreement. In the event of a conflict between these Terms and Conditions and the Policies and Procedures, the latest published Policies and Procedures will control. <\/span>WEALTHEO<\/span> reserves the right to reject any application for any reason within ten (10) days of receipt. If you do not agree to the Policies and Procedures, your sole recourse is to notify <\/span>WEALTHEO<\/span> and cancel the Agreement.\u00a0 Failure to cancel constitutes your acceptance of the Policies and Procedures. You understand that you must be in good standing, and not in violation of this Agreement, to be eligible for bonuses or commissions from <\/span>WEALTHEO<\/span>. You understand that the Agreement may be modified or amended at the sole and absolute discretion of <\/span>WEALTHEO<\/span>, and you agree to abide by all such changes.\u00a0 Notification of changes shall be posted on <\/span>WEALTHEO<\/span>\u2019s website OR in your <\/span>WEALTHEO<\/span> Dashboard. Changes shall become effective thirty (30) days after publication. Any amendment to the Agreement, or to the dispute resolution provisions herein, shall not apply to: (1) a dispute arising prior to the effective date of such amendment; or (2) a Consultant or Affiliate who declines to accept such amendment by discontinuing his or her <\/span>WEALTHEO<\/span> business and status as a Consultant or Affiliate following the Effective Date of any such amendment.\u00a0 The continuation of a Consultant\u2019s or Affiliate\u2019s <\/span>WEALTHEO<\/span> business or a Consultant\u2019s or Affiliate\u2019s acceptance of bonuses or commissions after the effective date of any amendments shall constitute acceptance of any and all amendments.<\/span>\u00a0<\/span><\/p><\/li><\/ol> Consultant Terms. <\/span>You understand that as a <\/span>WEALTHEO<\/span> Consultant, (i) you have the right to offer for sale <\/span>WEALTHEO<\/span> products and services in accordance with these Terms and Conditions, (ii) you have the right to enroll persons into <\/span>WEALTHEO<\/span>, and (iii) if qualified, you have the right to earn commissions pursuant to the <\/span>WEALTHEO<\/span> Compensation Plan.\u00a0<\/span><\/p><\/li> Affiliate Terms. <\/span>You understand that as a <\/span>WEALTHEO<\/span> Affiliate, (i) you have the right to offer for sale <\/span>WEALTHEO<\/span> products and services in accordance with these Terms and Conditions and (ii) you have the right to earn commissions from your personal retail sales.\u00a0<\/span><\/p><\/li> Expiration, Renewal, and Termination. <\/span>The term of this Agreement is one (1) year (subject to prior cancellation or disqualification pursuant to the<\/span> Policies and Procedures<\/span>)<\/span><\/a>. If you fail to renew your <\/span>WEALTHEO<\/span> business, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Consultant or Affiliate, lose the ability to sell <\/span>WEALTHEO<\/span> products and services, lose the eligibility to receive commissions, 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. <\/span>WEALTHEO<\/span> reserves the right to terminate all Consultant and Affiliate Agreements upon thirty (30) days\u2019 notice if <\/span>WEALTHEO<\/span> 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. Consultant or Affiliate may cancel this Agreement at any time, and for any reason, upon written notice to <\/span>WEALTHEO<\/span> at its principal business address. <\/span>WEALTHEO <\/span>shall have the right in its sole and absolute discretion not to accept this Agreement or any renewal of it. If the Consultant or Affiliate breaches any of its provisions, <\/span>WEALTHEO<\/span> may also take actions short of termination of this Agreement. <\/span>\u00a0<\/span><\/p><\/li> Independent Contractor Status. <\/span>You agree this authorization does not make you an employee, agent, or legal representative of <\/span>WEALTHEO<\/span> or your Sponsoring Consultant. As a self-employed independent contractor, you will operate your own independent business, selling products available through <\/span>WEALTHEO<\/span> 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. You agree that you will be solely responsible for paying all expenses incurred by you, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses.\u00a0 <\/span>WEALTHEO<\/span> is not responsible for withholding, and shall not withhold or deduct from your bonuses and commissions, if any, FICA, or taxes of any kind, unless such withholding becomes legally required.\u00a0 <\/span>\u00a0<\/span><\/p><\/li> Product Returns<\/span>. You agree that if you sell product directly to a customer, you will adhere to <\/span>WEALTHEO<\/span>\u2019s<\/span> customer satisfaction guarantee policy and shall provide customer a refund of all monies paid if the customer returns the product un-accessed within three (3) days of the sales transaction (as defined in the<\/span> \u00a0Policies and Procedures<\/span>)<\/span><\/a>. Any taxes incurred will not be refunded. <\/span>\u00a0<\/span><\/p><\/li> Presenting the Plan. <\/span>You agree when presenting the <\/span>WEALTHEO<\/span> Compensation Plan to present it in its entirety as outlined in official <\/span>WEALTHEO<\/span> materials, emphasizing that sales to end consumers are <\/span>required<\/span> 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 <\/span>WEALTHEO<\/span>. You agree to instruct all prospective Consultants to review the <\/span>WEALTHEO<\/span> Income Disclosure Statement.<\/span>\u00a0<\/span><\/p><\/li> Selling Product. <\/span>You agree to make no representations or claims about any products beyond those shown on product labels and\/or in official <\/span>WEALTHEO<\/span> literature. You further agree to sell products available through <\/span>WEALTHEO<\/span> only in authorized territories. <\/span>\u00a0<\/span><\/p><\/li> Personal Consumption. <\/span>You are strictly prohibited from being your own customer. You cannot use your replicated url to make purchases and receive commissions on your purchases. You are further prohibited from creating more than 1 user login experience under your ownership, your name, and\/or your email. You agree that any violation of this section shall, at <\/span>WEALTHEO\u2019s <\/span>sole discretion, immediately <\/span>terminate this Agreement.\u00a0<\/span><\/p><\/li> Commissions.<\/span> You understand and agree that all bonus pools are a temporary incentive and not considered a part of the <\/span>WEALTHEO<\/span> Compensation Plan and may be modified or discontinued at any time without notice from <\/span>WEALTHEO<\/span>. Furthermore, if at any time the <\/span>WEALTHEO<\/span> Compensation Plan total payout exceeds the bonus caps or <\/span>WEALTHEO<\/span>\u2019s internal Consultant compensation projections modeling, you agree that <\/span>WEALTHEO<\/span>, in its sole discretion, may restrict the commission and bonus payouts to you during that month, however any modification will apply to all Consultants.\u00a0<\/span><\/p><\/li> WEALTHEO<\/span>\u2019s Proprietary Information and Trade Secrets. <\/span>You recognize and agree that, as further set forth in the<\/span> \u00a0Policies and Procedures<\/span>,<\/span><\/a> information compiled by or maintained by <\/span>WEALTHEO<\/span>, including Line of Sponsorship (\u201cLOS\u201d) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the <\/span>WEALTHEO<\/span> business including, without limitation, Consultant lists, sponsorship trees, and all <\/span>WEALTHEO<\/span> Consultant information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of <\/span>WEALTHEO<\/span>, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with <\/span>WEALTHEO<\/span>, <\/span>WEALTHEO<\/span> grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (\u201cProprietary Information\u201d), which includes, without limitation, LOS information, business reports, manufacturing and product developments, and Consultant sales, earnings and other financial reports to facilitate your business.<\/span>\u00a0<\/span><\/p><\/li> Discipline and Termination.<\/span>\u00a0 You<\/span> understand that if you fail to comply with the terms of the Agreement, <\/span>WEALTHEO<\/span> may, at its discretion, impose upon you disciplinary sanctions as set forth in the <\/span>Policies and Procedures<\/span>.<\/span><\/a>\u00a0 If you are in breach, default or violation of the Agreement at termination, you shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.\u00a0 You agree that Wealtheo may deduct, withhold, set-off, claw back, or charge to any form of payment you have previously authorized, any amounts you owe or are indebted to <\/span>WEALTHEO<\/span>.\u00a0<\/span><\/p><\/li> Liability. <\/span>WEALTHEO<\/span>, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, Consultants, independent contractors, and agents (collectively referred to as \u201caffiliates\u201d), shall not be liable for, and you release and hold harmless <\/span>WEALTHEO<\/span> and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement.\u00a0 You further agree to release and hold harmless <\/span>WEALTHEO<\/span> and its affiliates from all liability arising from or relating to the promotion or operation of your <\/span>WEALTHEO<\/span> business and any activities related to it (e.g., the presentation of <\/span>WEALTHEO<\/span> products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify <\/span>WEALTHEO<\/span> for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that you undertake in operating your business.\u00a0<\/span><\/p><\/li> Non-Competition Agreement. <\/span>In accordance with the<\/span> Policies and Procedures<\/span>,<\/span><\/a> you agree that during the period while you are a Consultant or Affiliate, and for six (6) months following resignation, non-renewal, or termination of your business, you will not compete with <\/span>WEALTHEO<\/span>. This covenant shall survive the expiration or termination of your authorization and contract with <\/span>WEALTHEO<\/span>.<\/span>\u00a0<\/span><\/p><\/li> Non-Solicitation Agreement. <\/span>In accordance with the <\/span>Policies and Procedures<\/span>,<\/span><\/a> you agree that during the period while you are a Consultant or Affiliate, 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 <\/span>WEALTHEO<\/span> Consultant to compete with the business of <\/span>WEALTHEO<\/span>.<\/span>\u00a0<\/span><\/p><\/li> Assignment.<\/span> You may not assign any rights under the Agreement without the prior written consent of <\/span>WEALTHEO<\/span>.\u00a0 Any attempt to transfer or assign the Agreement without the express written consent of <\/span>WEALTHEO<\/span> renders the Agreement voidable at the option of <\/span>WEALTHEO<\/span> and may result in termination of your business.\u00a0<\/span><\/p><\/li> Images \/ Recordings \/ Consents. <\/span>You agree to permit <\/span>WEALTHEO<\/span> 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 <\/span>WEALTHEO<\/span> for any lawful purpose, without compensation, and waive all claims for remuneration for such use.<\/span>\u00a0<\/span><\/p><\/li> Modification of Terms. <\/span>With the exception of the dispute resolution section in the <\/span>Policies and Procedures<\/span>