1. I understand that as a DSPETS Independent Pet Consultant:
a. I have the right to offer for sale DSPETS products and services in accordance with these Terms and Conditions.
b. I have the right to enroll persons in DSPETS.
c. I will train and motivate the Consultants in my downline marketing organization.
d. I will comply with all federal, state, county, and municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any federal, state, county, or municipal law, ordinance, rule, or regulation. I will perform my obligations as a Consultant with honesty and integrity.
2. I agree to present the DSPETS Compensation Plan and DSPETS products and services as set forth in official DSPETS literature.
3. I agree that as a DSPETS Consultant I am an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of DSPETS. I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of DSPETS. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF DSPETS FOR FEDERAL OR STATE TAX PURPOSES. DSPETS is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
4. I have carefully read and agree to comply with the DSPETS Policies and Procedures and the DSPETS Compensation Plan, both of which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the "Agreement"). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from DSPETS. I understand that these Terms and Conditions, the DSPETS Policies and Procedures, or the DSPETS Compensation Plan may be amended at the sole discretion of DSPETS, and I agree that any such amendment will apply to me. Notification of amendments shall be published in official DSPETS materials. Amendments shall become effective 30 days after publication. The continuation of my DSPETS business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
5. The term of this agreement is one year. If either I or DSPETS elect not to renew the Agreement, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Consultant. I shall not be eligible to sell DSPETS products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination, or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions, or other remuneration derived through the sales and other activities of my former downline organization. DSPETS reserves the right to terminate all Consultant 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.
6. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of DSPETS. Any attempt to transfer or assign the Agreement without the express written consent of DSPETS renders the Agreement voidable at the option of DSPETS and may result in termination of my business.
7. I understand that if I fail to comply with the terms of the Agreement, DSPETS may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures. If I am in breach, default, or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
8. DSPETS, its directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "affiliates"), shall not be liable for, and I release DSPETS and its affiliates from, all claims for consequential and exemplary damages. I further agree to release DSPETS and its affiliates from all liability arising from or relating to the promotion or operation of my DSPETS business and any activities related to it (e.g., the presentation of DSPETS products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify DSPETS for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
9. The Agreement, in its current form and as amended by DSPETS at its discretion, constitutes the entire contract between DSPETS and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
10. Any waiver by DSPETS of any breach of the Agreement must be in writing and signed by an authorized officer of DSPETS. Waiver by DSPETS of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
11. 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.
12. This Agreement will be governed by and construed in accordance with the laws of the State of Utah, without regard to principles or conflicts of laws. All disputes and claims relating to DSPETS, the Consultant Agreement, the DSPETS Compensation Plan or its products and services, the rights and obligations of an independent Consultant and DSPETS, or any other claims or causes of action relating to the performance of either an independent Consultant or DSPETS under the Agreement or the DSPETS Policies and Procedures shall be settled totally and finally by arbitration in SLC, Utah, or such other location as DSPETS 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. All issues related to arbitration shall be governed by the Federal Arbitration Act. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent DSPETS from applying to and obtaining from any court having jurisdiction, a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect DSPETS's 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.
13. The parties consent to jurisdiction and venue before any federal or state court in Salt Lake County, State of Utah, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
14. Louisiana Residents Only: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
15. If a Consultant wishes to bring an action against DSPETS 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. Failure to bring such action within such time shall bar all claims against DSPETS for such act or omission. Consultant waives all claims that any other statutes of limitations apply.
16. I authorize DSPETS to use my name, photograph, personal story, and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
17. A faxed copy of the Agreement shall be treated as an original in all respects.