Advanced Tachyon Technologies Distributor and Professional Agreement

I am of legal age in the state of my residency. I agree that I am an independent contractor, responsible for determining my own business activities and not an agent or employee of the Company. I am responsible for the payment of all government, federal and state self-employment taxes and any other tax required under any Government. federal, state or regulatory taxing agency. I am responsible for all applicable sales taxes, which I may collect.
This position does not constitute the sale of a franchise. No fee, sales aids or services purchase, consumer purchase or initial wholesale product purchase has been required of me for participation as a Distributor.
I agree that as an Advanced Tachyon Technologies International Distributor, I shall place primary emphasis upon the selling of Company products to non-Distributor ultimate consumers.
I agree that I shall sell or distribute the majority in dollar cost (over 50%) of my wholesale product orders to non-Distributor consumers prior to reordering product. Retail sales records shall be maintained and subject to review and verification upon Company request.
In order to maintain a viable Marketing Program and to comply with changes to federal, state or local laws in economic conditions, Advanced Tachyon Technologies International may provide additional Terms and Conditions for Distributors from time to time, as well as to modify the Distributor Compensation Program. Such Policies and Procedures and Compensation Plan modifications, and all changes thereto, shall become a binding part of this Agreement upon publication on the official Advanced Tachyon Technologies International Distributor website or other official Company Distributor publication.
I understand that my Distributor position cannot be inherited or bequeathed.
I understand that it is strictly prohibited to apply a Retail Coupon code to a Distributor order. Any account using a Retail Coupon on a Distributor order will have their Distributor account suspended or revoked without prior notice.
This Agreement shall be in effect upon its receipt or online membership enrollment and acceptance by Advanced Tachyon Technologies International, at its home offices in Santa Rosa, California.
I will not promote my Distributor business nor use the Company name, or the trade names, logos, sales materials, trademarks or service marks of Advanced Tachyon Technologies International, except in materials provided by the Company or approved in writing by Advanced Tachyon Technologies International prior to their use by me. I understand that unauthorized use or duplication of trademarks or copyrighted materials is a violation of federal law.
I will not make false or misleading statements about Advanced Tachyon Technologies International Distributor position or Company products, including but not limited to claims that Company products diagnose, cure or prevent disease. I will conduct myself as a Distributor in a courteous, fair and ethical manner.
Distributor and customer lists and names are owned by Company and may never be used for any commercial or business purpose without prior written consent of Company. During the term of this Agreement and for twelve (36) months thereafter, Distributor shall not, directly or indirectly solicit Distributors or customers of Advanced Tachyon Technologies International to other marketing or any other network marketing organizations.
No distributor will present any workshop not approved in writing by Advanced Tachyon Technologies. Failure to receive authorization will result in distributor termination.
This Agreement is governed under the laws of the State of Colorado. The parties agree that any claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association with arbitration to occur at Colorado Springs, Colorado.
Distributors may return any wholesale products in new, resalable condition, in their original packaging at any time within thirty days of purchase and receive a store credit for the original purchase price. Products needing repackaging will receive a 10% restocking fee. Products that are not resalable as new, will be returned to the distributor. Shipping costs for returned items shall be borne by Distributor. Credit to the account will be made within fifteen days of actual receipt of returned items.
The Distributor agrees to capitalize and use the (TM) after the words Tachyonized™ and Tachyonization™ in every document, advertisement, or other written communication that he/she creates. Example: As an independent Advanced Tachyon Technologies International Distributor, I distribute Tachyonized™ products.
Within five (5) working days of receipt of any delivery from Advanced Tachyon Technologies International, the Distributor will inspect all merchandise and immediately notify Advanced Tachyon Technologies International of any defects in the product packaging or order shortages. Failure to do so will constitute conclusive proof that the products were received without visible defect.
Any account sent to collections will have their Distributor account suspended or revoked without prior notice.
The Distributor may not repackage, adulterate or re-bottle any Advanced Tachyon Technologies International products. Should any legal action arise out of the adulterating or repackaging of Advanced Tachyon Technologies International products, the Distributor will assume all liability arising from the re-manufacture, distribution, and usage of said products. Advanced Tachyon Technologies International will be indemnified and held harmless from any and all costs arising from legal claims or actions arising out of Distributors acts and omissions.
Distributor acknowledges and agrees that Advanced Tachyon Technologies International has designed, developed and maintains e-commerce web sites through which Advanced Tachyon Technologies International directly markets, promotes and sells Tachyon products over the Internet, that Advanced Tachyon Technologies International has reserved to itself the exclusive right to sell Tachyon products using such e-commerce medium, and that the grant of distribution rights by Advanced Tachyon Technologies International to Distributor does not include the right to distribute Tachyon products directly or indirectly through e-commerce activities, which activities are hereby prohibited. Distributor shall not design, develop, maintain, use or participate in, directly or indirectly, any website or other eCommerce vehicle for the marketing, promotion or sale of Tachyon products without written consent and website review by the company. Any activities in violation of such prohibition shall be cause for the immediate termination of this agreement and shall entitle Advanced Tachyon Technologies International to injunction relief in addition to monetary damages.
No distributor or customer may use any key words such as: academy, university, college, school, institute or any descriptive words relating to educational institutions, in any language, for any purpose, by any method including, but not limited to, written or electronic, search engine submissions, username, URL, or e-mail. Published articles/newsletters, referencing the above topic, must be approved by ATTI prior to submission or publication.
No Distributor may advertise promote or in any other way support or participate in the marketing or distribution of any product claiming to be a tachyon products or similarly marketed products.

(revised 11-17)

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