Fuel Legacy International Terms and Conditions
1. I understand that as an Fuel
Legacy International Distributor: a. I have the right
to offer for sale Fuel Legacy International products and services in accordance with
these Terms and Conditions. b. I have the right to enroll persons in Fuel
Legacy International. c. If qualified, I have the right to earn commissions pursuant to the
Fuel Legacy International Compensation Plan.
2. I agree to present the Fuel
Legacy International Marketing and Compensation Plan
and Fuel Legacy International products and services as set forth in official
Fuel Legacy International literature.
3. I agree that as a Fuel
Legacy International Distributor I am an independent contractor,
and not an employee, partner, legal representative, or franchisee of Fuel
Legacy International. 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 Fuel Legacy International FOR FEDERAL OR STATE TAX PURPOSES.
Fuel Legacy International 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
Fuel Legacy International Policies
and Procedures and the Fuel Legacy International Marketing and 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 Fuel Legacy
International.
I understand that these Terms and Conditions, the Fuel Legacy International Policies
and Procedures, or the Fuel Legacy International Marketing and Compensation Plan may
be amended at the sole discretion of Fuel Legacy International, and I agree to abide
by all such amendments. Notification of amendments shall be posted on Fuel
Legacy International's website. Amendments shall become effective 30 days after publication.
The continuation of my Fuel Legacy International 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 I fail to annually renew my
Fuel Legacy International business, or if it is canceled or terminated for any reason,
I understand that I will permanently lose all rights as a Distributor. I shall
not be eligible to sell Fuel Legacy International 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 non-renewal, 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. Fuel Legacy International reserves the right to terminate
all Distributor 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.
Distributor may cancel this Agreement at any time, and for any reason, upon
written notice to Fuel Legacy International at its principal business address.
Fuel Legacy International may cancel this Agreement for any reason upon 30 days advance written
notice to Distributor.
6. I may not assign any rights or delegate my duties under the Agreement
without the prior written consent of Fuel Legacy International. Any attempt to transfer
or assign the Agreement without the express written consent of Fuel Legacy
International
renders the Agreement voidable at the option of Fuel Legacy International and may result
in termination of my business.
7. I understand that if I fail to comply with the terms of the Agreement,
Fuel Legacy International 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. Fuel Legacy International, its parent or affiliated companies, directors, officers,
shareholders, employees, assigns, and agents (collectively referred to as
"affiliates"), shall not be liable for, and I release Fuel Legacy
International
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 Fuel Legacy International and its affiliates from all liability arising from
or relating to the promotion or operation of my Fuel Legacy International business and
any activities related to it (e.g., the presentation of Fuel Legacy
International products
or Compensation and Marketing Plan, the operation of a motor vehicle, the
lease of meeting or training facilities, etc.), and agree to indemnify Fuel
Legacy International 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
Fuel Legacy International at
its discretion, constitutes the entire contract between Fuel Legacy
International 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 Fuel Legacy
International of any breach of the Agreement must be in
writing and signed by an authorized officer of Fuel Legacy International. Waiver by
Fuel Legacy International 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 California without regard to principles of conflicts
of laws. All disputes and claims relating to Fuel Legacy International, the Distributor
Agreement, the Fuel Legacy International Marketing and Compensation Plan or its products
and services, the rights and obligations of an independent Distributor and
Fuel Legacy International, or any other claims or causes of action relating to the performance
of either an independent Distributor or Fuel Legacy International under the Agreement
or the Fuel Legacy International Policies and Procedures shall be settled totally and
finally by arbitration in Roseville, State of California or such other location
as Fuel Legacy International 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. 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. Nothing in the Agreement shall prevent Fuel
Legacy International 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 Fuel Legacy International’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 Placer County, State of California for purposes of enforcing an award
by an arbitrator or any other matter not subject to arbitration.
14. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents
may bring an action against the Company with jurisdiction and venue as provided
by Louisiana law.
15. Montana Residents: A Montana resident may cancel his or her Distributor
Agreement within 15 days from the date of enrollment, and may return his or
her starter kit for a full refund within such time period.
16. If a Distributor wishes to bring an action against
Fuel Legacy International 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 Fuel Legacy International for such act or omission. Distributor
waives all claims that any other statutes of limitations applies.
17. I authorize Fuel Legacy
International to use my name, photograph, personal story
and/or likeness in advertising or promotional materials and waive all claims
for remuneration for such use.
18. A faxed copy of the Agreement shall be treated as an original in all
respects.
NOTICE OF RIGHT TO CANCEL DATE of Transaction
You may CANCEL this transaction, without any penalty or obligation, within
THREE BUSINESS DAYS from the above date (5 business days for Alaska residents).
If you cancel, any property traded in, any payments made by you under the
contract or sale, and any negotiable instrument executed by you will be returned
within TEN BUSINESS DAYS following receipt by the seller of your cancellation
notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in
substantially as good condition as when received, any goods delivered to you
under this contract or sale, or you may, if you wish, comply with the instructions
of the seller regarding the return shipment of the goods at the seller’s expense
and risk. If you do make the goods available to the seller and the seller
does not pick them up within 20 days of the date of your Notice of Cancellation,
you may retain or dispose of the goods without any further obligation. If
you fail to make the goods available to the seller, or if you agree to return
the goods to the seller and fail to do so, then you remain liable for performance
of all obligations under the contract. To cancel this transaction, mail or
deliver a signed and dated copy of this Cancellation Notice or any other written
notice, or send a telegram, to Fuel Legacy International, , 1575 Greenville Rd. Livermore,
CA 94550 NO LATER THAN MIDNIGHT of the third business day following the date
set forth above.
19.
Return of Product Inventory and Sales Aids by Distributors
Within 30 days of placing an
initial order to become a Fuel Legacy International Distributor
and upon cancellation of a Distributor’s Agreement, the
Distributor may return products and sales aids held in his or her inventory for a refund.
A Distributor may only return products and sales aids that he or she personally
purchased and which are in resalable condition. Upon receipt of the
products and sales aids, the Distributor will be reimbursed 80% of the net
cost of the original purchase price(s), less shipping charges. Since
NanoTech Fuel, Inc. products are sold in multi-packs, refunds are prorated
based on unopened returned bottles. If the purchases were made through
a credit card, the refund will be credited back to the same account.
If a Distributor was paid a commission based on a product(s) purchase, and
such product(s) is subsequently returned for a refund, the commission that
was paid to the Distributor will be deducted from the amount of the refund.
Distributors are responsible for return shipping charges.
Procedures for All Returns
The following procedures apply to all returns for refund, repurchase, or
exchange:
i. All
merchandise must be returned by the Distributor or customer who purchased it
directly from Fuel Legacy International.
ii. All
products to be returned must have the Order Number appearing on the packing
slip written on each carton returned.
iii. The return is
accompanied by:
o
the Fuel Legacy International Return Form that is located on Fuel Legacy
International’s corporate website:
Download Product Return Form
o
the unopened portion of the product in its original container.
iv. Proper shipping
carton(s) and packing materials are to be used in packaging the product(s)
being returned for replacement, and the best and most economical means of
shipping is suggested. All returns must be shipped to Fuel Legacy
International
shipping pre-paid. Fuel Legacy International does not accept shipping-collect
packages. The risk of loss in shipping for returned product shall be on
the Distributor. If returned product is not received by the Company’s Distribution
Center, it is the responsibility of the Distributor to trace the shipment.
v. If a
Distributor is returning merchandise to Fuel Legacy International that was returned
to him or her by a personal retail customer, the product must be received by
Fuel Legacy International within ten (10) days from the date on which the retail
customer returned the merchandise to the Distributor, and must be accompanied
by the sales receipt the Distributor gave to the customer at the time of the
sale.
No refund or replacement of product will be made if
the conditions of these rules are not met.
