1. Authorization and Contract. By executing the Finish Line Network Affiliate Agreement ("Agreement"), you apply for legal authorization to become a Finish Line Network business owner and enter into contract with Streamlined Marketing Systems, Inc. (hereafter referred to as "FLN" or simply the "Company"). You acknowledge that prior to signing you have received, read and understood the FLN Income Disclosure Statement, that you have read and understood the FLN Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on www.finishlinenetwork.com, and that you have read and agree to all terms set forth in this Agreement. The Company reserves the right to reject any application for any reason within thirty (30) days of receipt.
2. Expiration, Renewal, and Termination. The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If you fail to annually renew your FLN business, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as an Affiliate. You shall not be eligible to sell Company products and services nor shall you be eligible to receive 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. Company reserves the right to terminate all Affiliate Agreements upon thirty (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. Affiliate may cancel this Agreement at any time, and for any reason, upon written notice to the Company at its principal business address. Company may cancel this Agreement for any reason upon thirty (30) days advance written notice to Affiliate. Company may also take actions short of termination of the Agreement, if the Affiliate breaches any of its provisions.
3. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of the Company or your Sponsoring Affiliate (as defined in the Policies and Procedures). As a self-employed independent contractor, you will be operating your own independent business, buying and selling services available through FLN 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.
4.Refunds and Product Returns. FLN offers a thirty (30) day satisfaction guarantee on all initial fees paid to the Company. All subsequent fees are nonrefundable. The digital nature of the service and the immediacy of the benefits make any possibility for a longer refund commercially impractical.
5. Presenting the Plan. You agree when presenting the FLN Compensation Plan to present it in its entirety as outlined in official Company materials, emphasizing that sales to end consumers are required 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 the Company. You agree to instruct all prospective Affiliates to review the FLN Income Disclosure Statement.
6. Selling the Service. You agree to make no representations or claims about any services beyond those shown on product labels and/or in official Company literature. You further agree to sell services available through the Company only in authorized territories.
7. Company's Proprietary Information and Trade Secrets. You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by the Company, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the FLN business including, without limitation, Affiliate lists, sponsorship trees, and all Company Affiliate information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of FLN, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with the Company, FLN grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and product developments, and Affiliate sales, earnings and other financial reports to facilitate your FLN business.
8. Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are An 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 FLN Affiliate to compete with the business of the Company.
9. Images / Recordings / Consents. You agree to permit Company 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 the Company for any lawful purpose, and without compensation.
10. Modification of Terms. With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
11. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with the Company as set forth in this Affiliate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Florida without regard to conflict of law provisions. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against Le Group with jurisdiction and venue as provided by Louisiana law.
12. Dispute Resolution. All disputes and claims relating to FLN, its products and services, the rights and obligations of an Affiliate and the Company, or any other claims or causes of action relating to the performance of either an Affiliate or the Company under the Agreement or the FLN Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Tallahassee, Florida or such other location as FLN 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. Additionally, you agree not to initiate or participate in any class action proceeding against the Company, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent the Company from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its 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. Time Limitation. If an Affiliate wishes to bring an action against FLN for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. Affiliate waives all claims that any other statutes of limitations apply.
14. Miscellaneous. 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. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and the Company and supersedes any prior agreements, understandings and obligations between you and the Company concerning the subject matter of your contract with FLN.
15. Submission of Electronic W-9. Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2), I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.