Gigarush, LLC Terms of Service and Agreement
Order Details
By completing my order, I acknowledge that I am hereby becoming a Customer of ZENDO NUTRITION (dba ZendoNutrition.com), and at my option, may also become a Challenger immediately or at some future date. I will be placed on the first level of the organization below the Challenger to whom the referral link (URL, or Web address) I used to access our Website belongs. If no referring Challenger was specified in the referral link, I will be placed in a position designated by the company at its sole discretion, and will be assigned to a ZENDO NUTRITION Challenger as my Sponsor.
Customers
As a Customer, I understand that I will be billed the amount specified when placing my order, and I further understand that my product order includes an ongoing "Auto-ship" (automatic recurring order) commitment, which is also specified on the Web page on which my order is placed, or, in the case of telephone or direct mail orders, in the details provided to me in conjunction with my order.
Auto-ship orders are sent monthly, unless otherwise specified, and I authorize ZENDO NUTRITION to automatically charge the credit card, bank account, PayPal or other payment option I used when placing my initial order. I understand that I may change my payment method at any time, and authorization to charge future orders shall transfer to the new payment method(s).
Challengers
I understand the only financial requirement to become a ZENDO NUTRITION Challenger and to maintain Challenger status is to pay a $20 monthly personal Website hosting and access fee (plus any applicable shipping and taxes), which includes hosting of your personal replicated Challenger Website, online access to sales and demonstration materials, social media and other technology related marketing and business tools, as well as all other products, services, and information included with Challenger Web access.
I understand the monthly Web hosting and access fee is NOT commissionable, and any products purchased in connection with becoming a Challenger are optional.
In order to qualify for commission earnings, I understand that I must purchase at least one product each calendar month. The product order may be consumed by me as a Customer, or, at my option, may be resold at the retail price listed on the ZENDO NUTRITION Website, or at any lower price I choose. I understand that I may not sell the product at any price which exceeds the retail price.
For convenience, ZENDO NUTRITION may offer a "bundled" price for a product plus the Website hosting and access fee. The bundled price is the price specified at the time I place my order. I hereby authorize ZENDO NUTRITION to charge the $20 Web access fee when I first place my order to become a Challenger, and then again each month on the anniversary day of my initial order to my credit card, bank account, PayPal or other payment option I choose, and as such, I understand that I will have met my monthly commission qualification level with each successful monthly charge. I understand that I may change my payment method at any time, and as changes are made, authorization to charge future Web hosting and access fees shall transfer to the new payment method(s).
Should I choose to become a ZENDO NUTRITION Challenger by paying the $20 monthly Website Hosting and access fee without placing a product order, and therefore holding my position as a Challenger without meeting the commission qualification requirement, I understand that I will not receive commissions for any month in which I do not qualify. I further understand that I will not be able to qualify for any month's commission which has already passed in which I did not qualify.
Auto-ship, Delivery and Taxation Details
All orders are subject to the local sales tax of your region, which will be added to the order total. Shipping and handling charges will also be added. Auto-ship Program orders are billed on a monthly rolling cycle, with charges occurring on the same calendar day each month. For transactions occurring on the 29th, 30th, or 31st of any month, all future monthly charges will be moved to the 28th day of the subsequent month to account for billing consistency in months with fewer days than the day of the month on which the original order is placed. To change any detail pertaining to your order, the request must be received by the Company, via your BackOffice or a phone call to our Support department at least two business days prior to the next scheduled charge.
It is understood that all price changes initiated by the Company pursuant to the Auto-ship portions of this agreement shall be subject to the following provisions:
1. The Company will notify Customers and Challengers by email no less than thirty (30) days in advance of changing the amount charged for any Auto-ship products.
2. Similarly, if any change is made by the Company in the date of the billing cycle, the Company shall, no less than thirty (30) days prior to change, notify Customers and Challengers in the same manner.
Special ACH and Bank Transfer Payments Agreement
It is understood that:
1. I/we agree that the Company is hereby authorized and shall debit my/our account for orders to be shipped on the date of my/our Auto-ship order.
2. I/we agree to maintain sufficient funds in my/our account to cover the automatic payments.
3. in the event sufficient funds are not in my/our account to cover the automatic payment, the company will not cause product to be shipped, and if applicable, Challenger Website hosting and access may be disabled.
4. I/we shall indemnify and hold the Company harmless from any and all liability which may arise out of the company's initiating an authorized debit to my/our account, except the liability to ship the product as ordered and provide services as described within this entire agreement.
NOTICE OF RIGHT TO CANCEL AND REFUND POLICY
You may CANCEL your initial product order and/or $20 Challenger Website hosting and access fee transaction, without any penalty or obligation, within SEVEN DAYS from the initial signup date. To cancel, please call our Support department toll free, 1-888-266-8485 during regular business hours. Should you choose to cancel, your $20 Challenger Website hosting and access fee (if applicable) will be refunded immediately. To receive a full refund for any product ordered, the following conditions must be met: 1) Within 7 DAYS of the date of your initial order, verbal notice of your desire to cancel must be given to a Support Representative. At that time, you will receive a Return Merchandise Authorization number (RMA) for the product portion of your order, and then, 2) The unused portion of your product must be returned to our corporate office address, along with your RMA within THIRTY DAYS following the date of your cancellation notice. Your refund (less the original shipping and handling fee) will be processed upon receipt of your product by our office. Canceling shall immediately also cancel your right to receive any prizes, commissions, bonuses, and/or royalties earned by you either in whole or in part.
Notice of Understanding
By submitting my order, I certify that I have read (or have waived my right to read), and I agree to the Terms and Conditions associated with my order. I am familiar with the cancellation and refund policy described herein and agree to be bound by its specified requirements. I hereby agree to be bound by all other company Terms and Conditions, which by reference are fully incorporated into this agreement. I further certify that I am the age of majority (18 years of age) and am legally able to enter into this contract.
CHALLENGER APPLICATION AND AGREEMENT
In connection with my application and agreement to become a Challenger for ZENDO NUTRITION, I hereby certify that:
1) I have not violated any non-competition, non-solicitation, or confidentiality agreement entered into with any other organization or entity, and by becoming a Challenger for ZENDO NUTRITION will not be violating any agreement or contract, including non- competition, non-solicitation, or confidentiality agreement entered into with any other organization or entity.
2) I am not bringing and will not use any confidential information or trade secrets obtained from any other organization or entity.
3) I will continue to observe the confidentiality and non-solicitation provisions of any other organization or entity for which these are in effect.
4) My decision to become a ZENDO NUTRITION Challenger has not been influenced in any way by monetary projections, or any other implied promise of success or personal gain, whether from ZENDO NUTRITION, a Challenger, Customer, or any other party, Website, or in any other written or verbal statements.
5) I understand the financial risks involved in starting my own business as a ZENDO NUTRITION Challenger and assume full responsibility for my own success and/or failure as such.
CHALLENGER TERMS AND CONDITIONS
1. I understand that as a ZENDO NUTRITION Challenger:
a. I have the right to offer for sale ZENDO NUTRITION products and services in accordance with these Terms and Conditions and all other ZENDO NUTRITION Terms and Services which by reference are fully incorporated into this agreement.
b. I have the right to enroll persons in ZENDO NUTRITION as Customers and Challengers.
c. If qualified, I have the right to earn commissions pursuant to the ZENDO NUTRITION Compensation Plan below. Although I understand that qualification requirements may be modified from time to time, I must currently maintain my own Auto-ship order of at least one ZENDO NUTRITION qualifying product, either for personal use or intended for resale, and I must also be current with my $20 monthly Web hosting and access fee.
d. I agree to present the ZENDO NUTRITION Compensation Plan and ZENDO NUTRITION products and services according only to official ZENDO NUTRITION policy, as described on the ZENDO NUTRITION Website, and within any ZENDO NUTRITION-produced literature.
e. I agree that as a Challenger I am an independent contractor, and not an employee, partner, legal representative, or franchisee of ZENDO NUTRITION. 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, phone, Internet, and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF ZENDO NUTRITION FOR ANY PURPOSE.
2. I have carefully read and agree to comply with the ZENDO NUTRITION Policies and Procedures and the ZENDO NUTRITION Compensation Plan, both of which are incorporated into and made a part of this Agreement (all material herein 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 commissions, bonuses and/or royalties from ZENDO NUTRITION. I understand that these Terms and Conditions, the ZENDO NUTRITION Policies and Procedures, or the ZENDO NUTRITION Marketing and Compensation Plan may be amended at the sole discretion of ZENDO NUTRITION, and I agree to abide by all such amendments. Notification of amendments shall be posted on the ZENDO NUTRITION Website. Amendments shall become effective immediately upon publication. The continuation of my ZENDO NUTRITION business or my acceptance of commissions, bonuses, and/or royalties shall constitute my acceptance of any and all amendments.
3. The term of this Agreement is perpetual (subject to prior cancellation as provided in the Policies and Procedures). If I fail to pay my Challenger Website hosting and access fee, or if my status as a Challenger is canceled or terminated for any reason, I understand that I will lose all rights as a Challenger. I shall not be eligible to sell ZENDO NUTRITION products and services nor shall I be eligible to receive commissions, bonuses, royalties, and/or other income resulting from the activities of my former downline 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 downline organization and to any commissions, bonuses, royalties, and/or other remuneration derived through the sales and other activities of my former downline organization.
4. ZENDO NUTRITION reserves the right to terminate all Challenger 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. Further, ZENDO NUTRITION may modify or cancel this Agreement at its discretion for any reason upon 30 days advance written notice to Challenger.
5. A Challenger may cancel this Agreement and his or her status as a Challenger at any time, and for any reason by following the company established cancellation and refund instructions as described in the Notice of Right to Cancel and Refund Policy section.
6. Challenger may not assign any rights or delegate duties under the Agreement without the prior written consent of ZENDO NUTRITION. Any attempt to transfer or assign the Agreement without the express written consent of ZENDO NUTRITION renders the Agreement voidable at the option of ZENDO NUTRITION and may result in termination of Challenger's account.
7. I understand that if I fail to comply with the terms of the Agreement, ZENDO NUTRITION may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures, including but not limited to termination of my account. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further commissions, bonuses and/or royalties, whether or not the sales for such have been completed.
8. ZENDO NUTRITION, its affiliated companies, directors, officers, shareholders, employees, assigns, and/or agents (collectively referred to as "affiliates"), shall not be liable for, and I hereby release the same from any and all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release ZENDO NUTRITION and its affiliates from all liability arising from or relating to: (a) any Challenger's breach of this Agreement or the Policies and Procedures; (b) the promotion or operation of a ZENDO NUTRITION business by any Challenger and any activities related to it, including but not limited to, the presentation of ZENDO NUTRITION products or the ZENDO NUTRITION Compensation Plan, the operation of a motor vehicle even if said motor vehicle is paid for by ZENDO NUTRITION or any affiliate, the lease of meeting or training facilities, etc., and agree to indemnify ZENDO NUTRITION for any liability, damages, fines, penalties, or other; (c) any incorrect data or information provided by a Challenger or any other party; (d) a Challenger's failure to provide any information or data necessary for ZENDO NUTRITION to operate its business; or (e) awards arising from any unauthorized conduct that I undertake in operating my business.
9. The Agreement, in its current form and as amended by ZENDO NUTRITION at its discretion, constitutes the entire contract between ZENDO NUTRITION and Challenger. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
10. Any waiver by ZENDO NUTRITION of any breach of the Agreement must be in writing and signed by an authorized officer of ZENDO NUTRITION. Waiver by ZENDO NUTRITION of any breach of the Agreement 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. All disputes and claims relating to ZENDO NUTRITION, the Challenger Agreement, the ZENDO NUTRITION Compensation Plan or its products and services, the rights and obligations of an independent Challenger and ZENDO NUTRITION, or any other claims or causes of action relating to the performance of either an independent Challenger or ZENDO NUTRITION under the Agreement or the ZENDO NUTRITION Terms and Conditions or Policies and Procedures shall be settled totally and finally by arbitration in Provo, Utah, or such other location as ZENDO NUTRITION 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. The prevailing party shall be entitled to receive from the losing party OR 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 ZENDO NUTRITION 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. The parties consent to jurisdiction and venue before any federal or state court in Utah County, State of Utah, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against ZENDO NUTRITION with jurisdiction and venue as provided by Louisiana law.
14. If a Challenger wishes to bring an action against ZENDO NUTRITION 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 ZENDO NUTRITION for such act or omission. ZENDO NUTRITION waives all claims that any other statutes of limitations apply.
15. I authorize ZENDO NUTRITION to use my name, photograph, voice, video, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
16. Acceptance of the Agreement by submitting an order is to be considered sufficient acknowledgement of having read and agreed to what is contained herein, and shall be treated as an original, binding agreement in all respects. Should I choose to receive a mutually signed agreement, it shall be my own responsibility to print and submit this agreement in its entirety, sign, and deliver by registered mail to the corporate headquarters along with a self addressed, stamped envelope for the return of the countersigned document.
17. Montana residents: A Montana resident may cancel his or her Challenger Agreement within 15 days from the date of initial order, and may receive a full refund within such time period upon request.
Compensation Plan
1. In order to receive a commission, bonus, royalty, or other Challenger reward, you must be qualified according to the Zendo Nutrition qualification requirements found within this agreement at the time delivery of any such item is due.
2. All compensation is paid in U.S. Dollars.
3. Compensation earned between each Saturday beginning at 00:00 (midnight) and continuing through Friday at 23:59:59 (11:59:59 PM) shall be paid on the following Friday.
4. For each qualifying Customer order (or bundled Challenger order), a "Challenger Bonus" of $20 is earned by the immediate upline Challenger (sometimes referred to as "Sponsor". Free trial orders do not qualify, nor do special promotionally priced orders.
5. After the initial order on which the Challenger Bonus is earned, residual commissions are paid on each monthly Customer or bundled Challenger Auto-ship order according to the following scale:
Level 1 Challenger/Sponsor: $5
Level 2 Challenger: $1
Level 3 Challenger: $1
Level 4 Challenger: $1
Level 5 Challenger: $1
Level 6 Challenger: $1
Level 7 Challenger: $5
6. Refunds and other charges incurred by ZENDO NUTRITION on orders or related items for which compensation was earned previously will be deducted from compensation currently due at the time said refunds or charges occur.
7. You are responsible for your own taxes on any compensation earned, and it is recommended that you seek the advice of a certified tax professional prior to depositing any compensation earned.