TERMS AND CONDITIONS
I understand that as a Cracked Ginger Affiliate:
a.I have the right to offer for sale, Cracked Ginger products and services in accordance with these terms and conditions.
b.If I meet certain requirements, I have the right to earn commissions pursuant to Cracked Ginger's Agreement.
2. I agree that as a Cracked Ginger Affiliate I am an independent contrator, and not an employee, partner, legal consultant or franchisee of Cracked Ginger. I agree that I will be solely responsible for paying all expenses I incur, including but not limited to travel, food, lodging, administration, any office, all phone calls and other expenses.
I understand that I will not be treated as an employee of Cracked Ginger for Federal or State Tax purposes. Cracked Ginger is not responsible for withholding, and will not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
3.I have read and understand the compensation plan developed by Cracked Ginger.
4.I understand that I must be in good standing and not in violation of the agreement, to be eligible for commissions and bonuses from Cracked Ginger. I understand that the agreement may be changed at the sole discretion of Cracked Ginger, and agree to abide by all such changes. Notification of amendments will be provided in writing. Amendments will becaome effective 30 days after publication, but amended policies will not appy retroactively to conduct that occurred prior to the effective date of the amendment. The continuation of my Cracked Ginger business or my acceptance of bonuses or commissions after the effective date of any amendment will constiture my acceptance of any and all amendments.
5.I may not assign any rights under the Agreement. Any attempt to transfer or assign the Agreement without the express written consent of Cracked Ginger renders the Agreement voidable at the option of Cracked Ginger and may result in termination of my business.
6. If my Agreement is canceled or terminated for any reason, I understand that I will lose all rights as an Affiliate. I will not be eligible to sell Cracked Ginger products and services, nor will I be eligible to receive commissions, bonuses or other income resulting from the bonuses. In the event of cancellation or termination, 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. Cracked Ginger reserves the right to terminate all Consultant Agreements upon 30 days’ notice if Cracked Ginger elects to: (1) stop operating its business; (2) dissolve as a business entity; or (3) terminate distribution of its products through direct selling. I may cancel this Agreement at any time, and for any reason, by giving notice to Cracked Ginger.
7. I understand that if I fail to comply with the terms of the Agreement, Cracked Ginger may, at its discretion, impose upon me disciplinary sanctions as set forth in the Consultant Guidebook. I agree that Cracked Ginger may deduct, withhold, set-off or charge to any form of payment I have previously authorized, any amounts I owe or am indebted to Cracked Ginger. Cracked Ginger may terminate the contract at any time if consultant does not comply to this agreement.
8. The Agreement, in its current form and as amended by Cracked Ginger at its discretion, constitutes the entire contract between Cracked Ginger and myself. Any promises, representations, offers or other communications not expressly set forth in the Agreement are of no force or effect.
9. Cracked Ginger, its parent or affiliated companies, directors, officers, members, managers, shareholders, employees, assigns and agents (collectively referred to as “affiliates”), will not be liable for, and I release and hold harmless Cracked Ginger and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release and hold harmless Cracked Ginger and its affiliates from all liability arising from or relating to the promotion or operation of my Cracked Ginger business and any activities related to it (e.g., the presentation of Cracked Ginger products or Career Path, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Cracked Ginger for any liability, damages, fines, penalties or other awards arising from any unauthorized conduct that I undertake in operating my business.
10. Any waiver by Cracked Ginger of any breach of the Agreement must be in writing and signed by an authorized officer of Cracked Ginger. Waiver by Cracked Ginger of any breach of the Agreement by me will 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 will be severed, and the severed provision will be reformed only to the extent necessary to make it enforceable. The balance of the Agreement will remain in full force and effect.
12. A participant in this marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to Cracked Ginger at its principal business address.
13. A faxed copy/emailed of the Agreement will be treated as an original in all respects.
14. I am of sound mind and of legal age to enter into contracts.
15. Payments are sent to Cracked Ginger through PayPal for the total sale, tax and Shipping and Handling. Once received along with your order form in which can be emailed or faxed your order will then go to processing for design.
16. You may not use the Cracked Ginger Logo without written permission from Cracked Ginger. You many not change prices of any clothing or remove the Cracked Ginger name/logo from any picture. You are allowed to use Cracked Ginger photographs for your social sites and pop up parties or any other way you need to use them as long as they display the Cracked Ginger name/logo on them.
17.Cracked Ginger reserves the right to change this agreement at any time.
18. Non-Disclosure / Non-Competition: During the term of this Agreement., the Consultant shall not share or divulge the terms and conditions of this Agreement, or any other confidential information, with any third party. In addition, during the term of this Agreement, the Consultant shall not act as an independent contractor, employee, owner, partner or consultant with any entity that sells products that are competitive with any of the products in Cracked Ginger's product line. These products include graphic t-shirts and any other custom clothing.