I understand that as a Syona Group LLC (hereinafter "Syona") Brand Affiliate:
1. Rights and Obligations as a Syona Brand Affiliate:
I have the right to purchase products from Syona at the price for which I am eligible.
I have the right to sponsor qualified persons into Syona.
I can participate in the Syona Compensation Plan as defined and as may be modified in the future. I also can participate in all applicable promotions, incentive programs and contests.
I can participate in Corporate Syona Training Programs.
I will assist, train, and motivate the Brand Affiliates in my downline marketing organization.
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 Brand Affiliate with honesty and integrity.
I will only use the sales contracts and order forms which are provided by Syona for the sales of its products, and I will follow all policies and procedures established by Syona for the completion and processing of such contracts and orders.
I will not take any action or conduct myself in any manner that damages the business reputation of Syona, its founders, directors, or officers.
I will use the product information, compensation plan information, company information, and other material as produced and provided by Syona. I will not use any product claims other than those provided in Syona produced material. I will not make earnings claims to prospective Brand Affiliates.
I understand that as a Syona Brand Affiliate I will receive various emails, text messages, phone calls and other communications as needed from Syona.
I understand to become a Syona Brand Affiliate, I must complete the enrollment process (online or in other manners offered by the company) with all required fields and purchase a starter pack or business pack of my choice. I agree that all information I enter is true and accurate to the best of my ability.
I agree that for business or tax purposes, I must provide a unique identifying number as issued by the country where I am applying for Syona enrollment.
I understand that all registrations for a Syona Brand Affiliate must occur on the company website or using other means provided by Syona.
I understand that from time to time the company may require a verification of identity and / or location as a condition of continuing as a Brand Affiliate.
I agree that Syona reserves the right to accept or deny a Brand Affiliate enrollment at its sole and absolute discretion.
2. Presentation of Syona:
I agree to present the Syona Compensation Plan and Syona products as set forth in official Syona literature. I will make no claims regarding potential income, earnings, and products beyond what is stated in official Syona literature.
I understand that I may not use or display any Syona trademarks, trade names, service marks, logos, designs, or symbols to market and advertise Syona products or the Syona opportunity other than as outlined in the Syona Policies and Procedures without first obtaining written authorization from Syona.
3. Independent Contractor Status:
I agree that as a Syona Brand Affiliate, I am an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Syona.
I am not authorized to and will not incur any debt, expense, obligation, or open any financial account on behalf of, for, or in the name of Syona.
I understand that I shall control the manner and means by which I operate my Syona business subject to my compliance with these Terms and Conditions, the Syona Policies and Procedures, and the Syona Compensation Plan Overview (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, administrative support, office, long-distance telephone, and other expenses.
I UNDERSTAND THAT I AM NOT AND SHALL NOT BE TREATED AS AN EMPLOYEE OF SYONA FOR FEDERAL OR STATE TAX PURPOSES. Syona 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 Syona Group, LLC and all appropriate taxing jurisdictions and all related rules and procedures.
4. Compliance and Amendments:
I have carefully read and agree to comply with the Syona Policies and Procedures and the Syona Compensation Plan Overview and other policies previously listed above, all of which are incorporated into and made a part of this Brand Affiliate Agreement.
I understand that I must be in good standing and not in violation of any of the terms of this Agreement and included Syona policies above in order to be eligible to receive any bonuses or commissions from Syona.
I understand that this Brand Affiliate Agreement, the Syona Policies and Procedures, the Syona Compensation Plan Overview and other above included policies and information, may be amended from time to time and I agree that any such amendments will apply to me. Notification of amendments shall be published in official Syona materials and provided to all Brand Affiliates. The continuation of my Syona business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
5. Term and Termination:
The term of this Agreement shall begin on the date of enrollment and shall continue until terminated by either party.
I shall not be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization after termination.
Syona expressly reserves the right to terminate all Brand Affiliate Agreements upon thirty (30) days written notice in the event that it elects to:
cease business operations;
dissolve as a corporate entity; or
terminate distribution of its products via direct selling.
I may not assign any rights or delegate my duties under this Agreement without the prior written consent of Syona. Any attempt to transfer or assign this Agreement without the express written consent of Syona renders this Agreement voidable at the option of Syona and may result in termination of my business.
I understand that if I fail to comply with the terms of this Agreement, the Policies and Procedures, or the Compensation Plan Overview, Syona may, at its discretion, terminate my business or impose upon me other disciplinary action including but not limited to forfeiture of bonuses and commissions and/or 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 a Brand Affiliate including rights to my downline marketing organization and rights to compensation pursuant to the Syona Compensation Plan Overview.
If I fail to pay for products when payment is due, I authorize Syona to withhold the appropriate amounts from my bonus or commission checks, to charge my credit cards, or debit my financial accounts if any, which I have authorized Syona to charge. I understand that the failure to promptly pay for products constitutes a breach of this Agreement.
6. Limitation of Liability and Indemnification:
To the extent permitted by law, Syona, its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred to as "affiliates") shall not be liable for and I release Syona and its affiliates from any and 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:
my breach of this Agreement or the Syona Policies and Procedures;
the improper promotion or operation of my business and any activities related to it (e.g., the presentation of Syona products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.);
any incorrect or wrong data or information provided by me;
the failure to provide any information or data necessary for Syona to operate its business including, without limitation, my enrollment and acceptance into the Compensation Plan or the payment of Commissions or Bonuses.
I agree that the entire liability of Syona and its affiliates for any claim whatsoever related to the relationship of Syona and myself, including but not limited to any cause of action sounding in contract, tort, or equity shall not exceed and shall be limited to the amount of products I have purchased from Syona under this Agreement or any other agreement that are in resalable condition.
I further agree to indemnify, hold harmless, and defend at my expense Syona and its affiliates against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees, and all other expenses arising or alleged to arise in connection with my personal independent business.
7. Entire Agreement and Severability:
This Agreement and the documents incorporated by reference constitute the entire contract between Syona and myself. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect.
To the extent of any conflict or inconsistency between this Agreement and any other agreement (other than the Policies and Procedures), this Brand Affiliate Application and Agreement shall supersede and prevail over any term of any other agreement as to the matters addressed herein.
To the extent of any conflict or inconsistency between this Agreement and the Policies and Procedures (in their current form or as subsequently modified), the Policies and Procedures shall in all instances supersede and prevail over any term of this Agreement as to the matters addressed herein.
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.
8. Waiver:
Any waiver by Syona of any breach of this Agreement must be in writing and signed by an authorized officer of Syona. Waiver by Syona of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
9. Jurisdiction and Arbitration:
The Brand Affiliate Agreement between the Brand Affiliate and Syona has been entered into in Las Vegas, Nevada, United States of America as this is the location where the Brand Affiliate submitted the application to enroll as a Syona Brand Affiliate and where the application was reviewed and approved by Syona. The Brand Affiliate Agreement shall be governed exclusively by the laws of the State of Nevada and the Brand Affiliate agrees to submit exclusively to the jurisdiction of the courts of the State of Nevada for resolution of any claims or related litigation to interpret or enforce the terms of the Brand Affiliate Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of Nevada unless the laws of the state in which I reside expressly require the application of its laws.
Except as set forth in the Syona 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 Syona, the Brand Affiliate Agreement, the Syona Compensation Plan Overview, or its products, the rights and obligations of a Brand Affiliate and Syona, or any other claims or causes of action relating to the performance of either a Brand Affiliate or Syona under the Agreement or the Syona Policies and Procedures shall be settled totally and finally by binding arbitration in the United States or such other location as Syona prescribes in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The parties shall be allowed all discovery rights pursuant to the Federal Rules of Civil Procedure. If a Brand Affiliate files a claim or counterclaim against Syona, a Brand Affiliate shall do so on an individual basis and not with any other Brand Affiliate or as part of a class action. If a Brand Affiliate wishes to bring an action against Syona for any act or omission relating to or arising from this 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 one year shall bar all claims against Syona for such act or omission. Brand Affiliate waives all claims that any other statutes of limitations apply. 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. 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.
The parties do consent to jurisdiction and venue before any federal or state court in Las Vegas, Nevada 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 with Syona.
10. Acceptance of this Agreement
By enrolling and accepting the terms and conditions of the Brand Affiliate Agreement thru opting-in as part of the enrollment process, I understand that action constitutes acceptance of this Agreement. The enrollment process cannot occur without acceptance of the Brand Affiliate Agreement. Continued ordering of Syona products as a Brand Affiliate and / or accepting any compensation from Syona indicates my continued acceptance of this Agreement and any subsequent modifications.
