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| Terms and Conditions 1. I understand that as a TAPCity.com Independent Agent: b&b Limerick hotelsa.) I have the right to purchase products and services from TAPCity.com at the Independent Agent Price. 3. I agree that as a TAPCity.com Independent Agent I am an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of TAPCity.com. 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 TAPCity.com. I understand that I shall control the manner and means by which I operate my TAPCity.com distributorship, subject to my compliance with these Terms and Conditions, the TAPCity.com Policies and Procedures and the TAPCity.com Marketing and Compensation Plan (all of which are collectively referred to as the "Agreement"). 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 TAPCity.com FOR FEDERAL OR STATE TAX PURPOSES. TAPCity.com is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind, unless such withholding becomes legally required. I agree to be bound by all sales tax collection agreements between TAPCity.com, Inc. and all appropriate taxing jurisdictions, and all related rules and procedures. 4. I have carefully read and agree to comply with the TAPCity.com Policies and Procedures and the TAPCity.com Marketing and Compensation Plan, both of which are incorporated into and made a part of these Terms and Conditions. I understand that I must be in good standing, and not in violation of any of the terms of this Agreement, in order to be eligible to receive any bonuses or commissions from TAPCity.com. I understand that these Terms and Conditions, the TAPCity.com Policies and Procedures, or the TAPCity.com Marketing and Compensation Plan may be amended from time to time, and I agree that any such amendment will apply to me. Notification of amendments shall be published in official TAPCity.com materials and sent to all Distributors. The continuation of my TAPCity.com distributorship or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments. 5. Upon acceptance of this application by TAPCity.com, I am authorized as an Independent Agent as of the date of this Independent Agent Application. The term of this agreement is one year. If I fail to annually renew my TAPCity.com distributorship, I understand that I will permanently lose my rights as an Independent Agent, including rights to my downline marketing organization, bonuses and commissions pursuant to the TAPCity.com Marketing and Compensation Plan. 6. I may not assign any rights or delegate my duties under this Agreement without the prior written consent of TAPCity.com. Any attempt to transfer or assign this Agreement without the express written consent of TAPCity.com renders this Agreement voidable at the option of TAPCity.com and may result in termination of my distributorship. 7. I understand that if I fail to comply with the terms of this Agreement, TAPCity.com may, at its discretion, terminate my distributorship or impose upon me other disciplinary action, including but not limited to, forfeiture of bonuses and commissions, loss of all or part of my downline marketing organization. If I am in breach, default or violation of this 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. If this Agreement is terminated for any reason, I will forever lose my rights as an Independent Agent, including rights to my downline marketing organization, and rights to compensation pursuant to the TAPCity.com Marketing and Compensation Plan. If I fail to pay for products or services when payment is due, I authorize TAPCity.com to withhold the appropriate amounts from my bonus or commission checks, to charge my credit cards, or debit my checking accounts, if any, which I have authorized TAPCity.com to charge. I understand that the failure to promptly pay for products constitutes a breach of this Agreement. 8. To the extent permitted by law, TAPCity.com, its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred as "affiliates"), shall not be liable for, and I release TAPCity.com and its affiliates from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by me as a result of: 10. Any waiver by TAPCity.com of any breach of this Agreement must be in writing and signed by an authorized officer of TAPCity.com. Waiver by TAPCity.com of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach. ERROR MSG11. In the event that a provision of this 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 California, unless the laws of the state in which I reside expressly require the application of its laws. Except as set forth in the TAPCity.com Policies and Procedures, or unless the laws of the state in which I reside expressly prohibit the consensual jurisdiction and venue provisions of this Agreement, in which case its laws shall govern, all disputes and claims relating to TAPCity.com, the Independent Agent Agreement, the TAPCity.com Marketing and Compensation Plan or its products and services, the rights and obligations of an Independent Agent and TAPCity.com, or any other claims or causes of action relating to the performance of either an Independent Agent or TAPCity.com under the Agreement or the TAPCity.com Policies and Procedures shall be settled totally and finally by arbitration in San Diego, or such other location as TAPCity.com prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. If an Independent Agent files a claim or counterclaim against TAPCity.com, an Independent Agent shall do so on an individual basis and not with any other Independent Agent or as part of a class action. The decision of the arbitrator shall be final and binding on the parties and may, if need be, be reduced to a judgment in any court of competent jurisdiction. Each party to the arbitration shall be responsible for its own -- costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. 13. The parties consent to jurisdiction and venue before any federal or state court in San Diego County, State of California for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration. If the law of the state in which the applicant resides prohibits consensual jurisdiction and venue provisions for purposes of arbitration and litigation, that state's law shall govern issues relating to jurisdiction and venue. 14. I authorize TAPCity.com to use my name and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use. | |
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