Terms and Conditions of the Affiliate Agreement, Ad2Action’s Policies and Procedures, and the Marketing and Compensation Plan


IMPORTANT E-SIGN NOTICE - CONSENT TO ELECTRONIC RECORD
E-SIGN, the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.), requires that you consent to entering into an electronic agreement with Ad2Action before the agreement is executed.  Please read the following information carefully.

The entire agreement between you and Ad2Action will be evidenced by an electronic record.  However, you must consent to the use of an electronic record and read and electronically agree to the Terms and Conditions of the Affiliate Agreement, Ad2Action’s Policies and Procedures, and the Marketing and Compensation Plan from Ad2Action’s official web site at www.ad2action.com.  In addition, if you are applying as a Business Entity, you must also complete and agree to the terms of the Business Entity Application and Agreement. 

To access these documents and submit your online application, you will need the following hardware and software: A Personal Computer (“PC”) with modem or other Internet access device and operational Internet browser software (e.g., Netscape Communicator or Internet Explorer Also indicate whether a PDF Browser such as Adobe Acrobat is necessary). 

You may withdraw your consent to the use of electronic records at any time.  However, should you do so, your Affiliate Agreement will be automatically terminated and you will lose all rights to any downline organization (including but not limited to any property rights you may have), and you will lose all rights to all remuneration under the Ad2Action Compensation Plan.  Should you wish to withdraw your consent to the exclusive use an electronic agreement (and thereby terminate your agreement with Ad2Action), or update any of personal information, you must do so online at the following web page(s): www.ad2action.com/terminate

Should you wish to obtain a paper copy of the Agreement, including the Terms and Conditions, Policies and Procedures, and Marketing and Compensation Plan, please send an E-mail requesting those documents to the following E-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Your request must include your name, your Affiliate identification number, your mailing address, and your E-mail address, ad2action may charge a fee of  $10 for providing this service.  Upon receipt of such a request, Ad2Action will mail you the then current version of each document. 

You agree that Ad2Action may amend the Terms and Conditions, the Policies and Procedures, and the Marketing and Compensation Plan and the Business Entity Agreement at its sole discretion at any time.  You may also access the version of these documents that were in effect at the time you executed your electronic agreement. Any outdated documents are archived on Ad2Action’s website at www.ad2action.com/terms/archived.  The most current version of the Terms and Conditions, the Policies and Procedures, and the Marketing and Compensation Plan are always available at Ad2Action’s official web site for viewing, printing and downloading at www.ad2action.com/terms/main_terms.php. 

Should there ever be a change in the equipment or software necessary to access the Terms and Conditions, Policies and Procedures, and the Marketing and Compensation Plan, Ad2Action will advise you of the same and will provide you with a list of the equipment and software that is necessary.  Upon such event, you may voluntarily terminate your agreement with Ad2Action.

By selecting “I have read and agree to the Terms of Service” option, you consent to the use of electronic records evidencing your Ad2Action Independent Affiliate Agreement.  If you do not select this option, the enrollment process will be terminated and you will be returned to our home page.

The following Ad2Action, Inc. Independent Affiliate Application and Agreement is a legal agreement between you and Ad2Action.  Ad2Action IS WILLING TO EXTEND TO YOU THE RIGHTS AND BENEFITS OUTLINED IN THE AGREEMENT ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. 

Terms and Conditions

I understand that as an Independent Marketing Associate (IMA) of ad2action, Inc. (“ad2action”):

I must be of legal age in the state in which I reside.

  • I have the right to offer for sale ad2action products and services in accordance with these Terms and Conditions.
  • I have the right to build a ad2action International sales organization.
  • I will train and motivate the IMA’s in my downline marketing organization.
  • I will comply with all federal, state, county, municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all with holdings 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 an IMA with honesty and integrity.
  • I will use only the sales agreements and order forms which are provided by ad2action for the sale of goods and services, and I will follow all policies and procedures established by ad2action for the completion and processing of such agreements and orders.
  • I agree that applicable state and local taxes must be imposed on purchases of ad2action products based on the regular price.

I understand that I shall control the manner and means by which I operate my ad2action business, subject to my compliance with these Terms and Conditions, the ad2action Policy and Procedures Manual and Compensation Plan (the “Policy Manual”) and any other ad2action policies and procedures which may be distributed from time to time. The most recent policies and procedures may be found by clicking here. (A2A POLICIES AND PROCEDURES)

1.  I understand that as an Ad2Action Affiliate:

a.  I have the right to offer for sale Ad2Action products and services in accordance with these Terms and Conditions.
b.  I have the right to enroll persons as Ad2Action Independent Affiliates.
c.  If qualified, I have the right to earn commissions pursuant to the Ad2Action compensation Plan.
2.  I agree to present the Ad2Action Marketing and Compensation Plan and Ad2Action products and services as set forth on Ad2Action’s official website.

3.  I agree that as an Ad2Action Affiliate I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Ad2Action.  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 AD2ACTION FOR FEDERAL OR STATE TAX PURPOSES.  Ad2Action 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 Ad2Action Policies and Procedures, and the Ad2Action Marketing and Compensation Plan, and if I am applying as a Business Entity, the Ad2Action Business Entity Application and Agreement, all 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 Ad2Action.  I understand that the Ad2Action Policies and Procedures and/or the Ad2Action Marketing and Compensation Plan may be amended at the sole discretion of Ad2Action, and I agree to abide by all such amendments.  Notification of amendments shall be posted on Ad2Action’s website.  Amendments shall become effective 30 days after publication.  The continuation of my Ad2Action 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 (subject to prior cancellation for inactivity pursuant to the Policies and Procedures).  If I fail to annually renew my Ad2Action business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as an Affiliate.  I shall not be eligible to sell Ad2Action products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former down line sales organization.  In the event of cancellation, termination or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former down line organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former down line organization.  Ad2Action reserves the right to terminate all Affiliate 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.  Affiliate may cancel this Agreement at any time, and for any reason, upon written notice to Ad2Action at its principal business address.  Ad2Action may cancel this Agreement for any reason upon 30 days advance written notice to affiliate.

6.  I may not assign any rights under the Agreement without the prior written consent of Ad2Action.  Any attempt to transfer or assign the Agreement without the express written consent of Ad2Action renders the Agreement voidable at the option of Ad2Action and may result in termination of my business.

7.  I understand that if I fail to comply with the terms of the Agreement, Ad2Action may, at its discretion, impose upon me disciplinary sanctions 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. Ad2Action, 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 Ad2Action 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 Ad2Action and its affiliates from all liability arising from or relating to the promotion or operation of my Ad2Action business and any activities related to it (e.g., the presentation of Ad2Action products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Ad2Action 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 Ad2Action at its discretion, constitutes the entire contract between Ad2Action and myself.  Any promises, representations, offer, or other communications not expressly set forth in the Agreement are of no force or effect.   

10.  Any waiver by Ad2Action of any breach of the Agreement must be in writing and signed by an authorized officer of Ad2Action.  Waiver by Ad2Action 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 Utah without regard to principles of conflicts of laws.  In the event of a dispute between an Affiliate and Ad2Action arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures.  Ad2Action shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Affiliate.  If the parties are unsuccessful in resolving their dispute through mediation, the dispute and shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures.  Notwithstanding the foregoing, Ad2Action shall be entitled to bring an action before the State or Federal Courts in Salt Lake or Washington Counties, State of Utah, seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or distributor lists as well as other trade secrets, trademarks, trade names, patents, and copyrights.

13. The parties consent to exclusive jurisdiction and venue before any federal or state court in Salt Lake or Washington Counties, State of Utah, for purposes of enforcing an award by an arbitrator, an action by Ad2Action for equitable relief, 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 Affiliate 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 an Affiliate wishes to bring an action against Ad2Action 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, or the shortest time permissible under state law.  Failure to bring such action within such time shall bar all claims against Ad2Action for such act or omission.  Affiliate waives all claims that any other statute of limitations applies.

17. I authorize Ad2Action to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
As an independent contractor, you must also submit an IRS Form 1099.  Ad2Action WILL NOT PAY COMMISSIONS OVER $600.00 TO ANY AFFILIATE WHO HAS NOT SUBMITTED AN IRS FORM 1099.

NOTICE OF RIGHT TO CANCEL
You may CANCEL this transaction, without any penalty or obligation, within FIVE (5) BUSINESS DAYS from the date you signed the IMA Agreement. 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 (10) 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 ad2action, 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 ad2action regarding the return shipment of the goods at the expense and risk.

To cancel this transaction, call ad2action at 1-800-278-4719, or write to:  Attention Cancellations 784 S. River Rd. #117 St. George, Ut 84790. NOT LATER THAN MIDNIGHT of the third business day following the date of your purchase (5 days for Alaska residents).