Dusti Rhoads Consultant Policies & Procedures
- , I understand that as a Dusti Rhoads Consultant:
a. I have the right to offer for sale Dusti Rhoads products and services in accordance with the Dusti Rhoads Consultant Agreement.
b. I have the right to enroll other persons to become Dusti Rhoads Consultants.
c. If qualified, I have the right to earn Commissions and Bonuses pursuant to the Dusti Rhoads Compensation Plan.
d. I have a responsibility to train and motivate the Dusti Rhoads Consultants in my Downline organization.
e. I must comply with all applicable Laws, including without limitation Data Protection Laws, and I must make all tax or tax-related reports and remit all withholdings or other deductions as may be required by any applicable Law.
f. I must perform my obligations as a Dusti Rhoads Consultant with honesty and integrity.
g. I must avoid all illegal, fraudulent, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in my personal and professional conduct. Consultants shall not engage in any conduct that may damage Dusti Rhoads’ goodwill or reputation.
h. I will not discredit Dusti Rhoads, other Dusti Rhoads Consultant, or Dusti Rhoads products, owners, officers, employees, or other Affiliates, and I will maintain the confidentiality of certain information in accordance with the Policies and Procedures.
i. Dusti Rhoads consultants agree not to discount the retail price of any product without the written consent of Dusti Rhoads, LLC. Any consultant found offering discounted prices will forfeit their agreement with the company which can result in termination.
j. As a Dusti Rhoads consultant, I agree that I will reach a Qualified status one calendar month out of every three. Qualified status occurs when sales of $120 retail is reached within one calendar month. I understand that if these sales requirements are not met, my consultantship will be cancelled. The consultant portal will be locked and the replicated website will be taken down. If a cancelled consultant wants to reinstate, a new kit would need to be purchased to establish a new consultant agreement.
2. The Dusti Rhoads Consultant Agreement, in its current form and as it may be amended by Dusti Rhoads from time to time in its sole and absolute discretion, constitutes the entire contract between me and Dusti Rhoads. Any promises, representations, offers, or other communications not expressly set forth in the Dusti Rhoads Consultant Agreement are of no force or effect. The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions in the Consultant’s Back-Office, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment.
3. The initial term of the Dusti Rhoads Consultant Agreement is 30 days from the date of enrollment. Thereafter, a Consultant must renew her Dusti Rhoads Consultant every month by paying her DRBO fee (the DRBO is a Back Office and Replicated Website). Consultants may elect to cancel their business by cancelling their DRBO payment authorization. If a Consultant does not cancel, her business will be automatically renewed and the renewal fee will be charged to the credit card she has on file with the Company. If a Consultant does not pay her DRBO fee, her business will be suspended. If she fails to pay the DRBO fee, and any past due DRBO fees, for two consecutive months her Dusti Rhoads business will be cancelled. DRBO fees are optional in North Dakota.
4. I agree that, as a Dusti Rhoads Consultant, I am an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Dusti Rhoads. I am not authorized to and will not incur any debt, expense, or obligation, or open any bank account, on behalf of, for, or in the name of Dusti Rhoads. I agree that I will be solely responsible for paying all expenses incurred by me, including but not limited to travel, food, lodging, secretarial, office, telephone, and other expenses. I UNDERSTAND THAT I AM NOT AND SHALL NOT BE TREATED AS AN EMPLOYEE OF DUSTI RHOADS FOR FEDERAL, STATE, PROVINCIAL, OR OTHER TAX PURPOSES, NOR FOR ANY OTHER PURPOSES PURSUANT TO ANY APPLICABLE LAWS OR REGULATIONS. Dusti Rhoads is not responsible for withholding, and shall not withhold or deduct from my Bonuses and Commissions, if any, FICA or taxes of any kind.
5. I agree not to delete, add, modify, tamper with, or alter any trademarks, logos, labels, material, or packaging for Dusti Rhoads products or associated product literature. I authorize Dusti Rhoads to perpetually use my name, image, likeness, photographs, and/or testimonials in Dusti Rhoads advertising and promotional materials without payment or any other form of compensation. Additionally, I consent to and authorize the use and reproduction by Dusti Rhoads of any and all photographs or videos of me taken by or supplied to Dusti Rhoads, and I further consent to the use and reproduction by Dusti Rhoads of any photographs, videos, quotes, testimonials, stories, and conversations on any of my social networking media for any print or electronic publicity, marketing, or promotional purposes without payment or any other form of compensation. I understand that my authorization and consent provided under this provision continues after termination of the Dusti Rhoads Consultant Agreement.
6. I agree not to use, without Dusti Rhoads’ prior written permission, the Dusti Rhoads logo or branding in any paid advertising or on the Internet and Social Media (including but not limited to personal and business websites, emails, blogs, chatrooms, social networks, Facebook®, LinkedIn®, Twitter®, Google+™, Instagram™, Pinterest®, video-sharing sites, YouTube™, and any other form of electronic communication) or literature other than Company-published material. I understand that the obligations in this paragraph survive the termination of this Agreement. I may obtain Dusti Rhoads prior written approval, permission to use a Dusti Rhoads by submitting a request to firstname.lastname@example.org.
8. In addition to Company provided marketing and training materials, Consultants may create their own digital and print Dusti Rhoads Consultants marketing and sales assets, including marketing materials, advertising materials, promotional materials, socially-shareable assets, images, videos, brochures, flyers and invitations (collectively called “Sales Tools”). Consultants may also create digital and print Dusti Rhoads Consultant training materials, training tools and coaching tools (collectively called “Training Tools”). Sales Tools and Training Tools may not be deceptive, may contain only substantiated claims, must properly identify Dusti Rhoads’ logo and trademarks, and must comply with all requirements in Dusti Rhoads’ Policies and Procedures. Consultants may not sell Sales Tools or Training Tools to other Consultants. Dusti Rhoads Consultants who create the Sales Tools and Training Tools grants Dusti Rhoads an irrevocable license to use the Sales Tools and Training Tools they create for Dusti Rhoads’ business purposes at its discretion and waive all claims to said materials. Consultants who create Sales Tools or Training Tools further authorize Dusti Rhoads to place the tools in the DRBO and make the tools available to all Consultants free of charge. Dusti Rhoads reserves the right to require that any consultant who creates, owns or is using any Sales Tools or Training Tools that are not developed by Dusti Rhoads, stop using such tools if the Company believes, in its sole discretion, that the tools do not comply with Dusti Rhoads’ Policies and Procedures. It shall also be the Consultant’s responsibility to ensure that others to whom she has provided the tools do not use the non-compliant tools either. Upon notice of non-compliance from Dusti Rhoads, the Consultant who created, or who owns or controls the tools, agrees to immediately discontinue their use and waives all claims against Dusti Rhoads for any expenses she has incurred (or shall incur) in relation to the tools, or in taking measures to stop others from using the tools. All tools created by Consultants must contain the Dusti Rhoads logo.
11. I authorize Dusti Rhoads to publish my performance on leaderboards that publish the names and results for top performing Dusti Rhoads Consultants. Such authorization includes publication of my personal retail sales, recruiting results, and various reflections of team (or circle) sales. I also authorize Dusti Rhoads to reference me and my approximate geographic location on the Dusti Rhoads’ website.
12. Consultants will NOT be allowed to change their initial sponsor.
13. I have carefully read and agree to comply with the Compensation Plan and the Policies and Procedures, both of which are incorporated into these Dusti Rhoads’ Consultant Terms and Conditions, and, together, all of these documents, including the Dusti Rhoads’ Registration Form, make up the Dusti Rhoads Consultant Agreement. I understand that I must be in good standing and not in violation of the Dusti Rhoads
Consultant Agreement to be eligible for Bonuses or Commissions from Dusti Rhoads. The continuation of my Dusti Rhoads business or my acceptance of any Bonuses or Commissions after the effective date of any amendment shall constitute my acceptance of any and all amendments.
14. I understand that the term of the Dusti Rhoads Consultant Agreement is for one (1) year (subject to prior Cancellation pursuant to the Policies and Procedures) and is thereafter subject to renewal upon agreement by me and Dusti Rhoads. If either Party elects not to renew the Dusti Rhoads Consultant Agreement, or if the Dusti Rhoads Consultant Agreement is canceled or terminated for any reason, I understand that I will: (a) permanently lose all rights as a Dusti Rhoads Consultant, (b) no longer be eligible to sell Dusti Rhoads products and services, and (c) no longer be eligible to receive Bonuses, Commissions, or other income resulting from the activities of my former Downline organization. In the event of Cancellation, termination, or nonrenewal, I waive all rights I have, including but not limited to: (i) property rights, (ii) access to my former Downline organization, and (iii) any Bonuses, Commissions, Dusti Rhoads Consultant Benefits, or other remuneration derived through the sales and other activities of my former Downline organization. I understand that Dusti Rhoads reserves the right to terminate all Dusti Rhoads Consultant Agreements for any reason, with or without cause, upon thirty (30) days’ prior notice. I may cancel the Dusti Rhoads Consultant Agreement at any time, for any reason, upon written notice to Dusti Rhoads. Upon termination of the Dusti Rhoads Consultant Agreement for any reason, I understand that I must comply with the requirements set forth this document.
15. I may not assign any rights or delegate my duties under the Dusti Rhoads Consultant Agreement without the prior written consent of Dusti Rhoads. Any attempt to transfer or assign the Dusti Rhoads Consultant Agreement without the express written consent of Dusti Rhoads renders the Dusti Rhoads Consultant Agreement voidable at the option of Dusti Rhoads and may result in termination of my business.
16. I understand that if I fail to comply with the terms of the Dusti Rhoads Consultant Agreement , Dusti Rhoads may, in its sole and absolute discretion, impose upon me any disciplinary action(s) as set forth in the Policies and Procedures. If I am in breach, default, or violation of the Dusti Rhoads Consultant Agreement at termination, I shall not be entitled to receive any further Bonuses or Commissions, or any Bonuses or Commissions for which payment is pending, whether or not the sales for such Bonuses or Commissions have been completed. I agree that Dusti Rhoads may deduct, withhold, set-off, or charge to any form of payment I have previously authorized any amounts I owe or am indebted to Dusti Rhoads.
17. Dusti Rhoads and its Affiliates shall not be liable for, and I release Dusti Rhoads and its Affiliates from, all claims for consequential and exemplary damages, regardless of the type of claim and regardless of whether Dusti Rhoads or its Affiliates have been advised of the possibility of such damages, in connection with any claim or cause of action relating to the Dusti Rhoads Consultant. I further agree to release and hold harmless Dusti Rhoads and its Affiliates from all costs, claims, losses, damages, liabilities, and expenses (including legal expenses and court costs) arising from or relating to the promotion or operation of my Dusti Rhoads business
and any related activities, including but not limited to: (a) the promotion of Dusti Rhoads products, (b) any breach of the Data Protection Laws (as defined herein); (c) any compensation and marketing plan, (d) the operation of a motor vehicle, or (e) the lease of meeting or training facilities. I agree to indemnify Dusti Rhoads and its Affiliates for any liability, damages, fines, penalties, or other awards, including but not limited to reasonable attorneys’ fees and court costs, arising from any unauthorized conduct that I undertake in operating my Dusti Rhoads business.
18. The Dusti Rhoads Consultant Agreement, in its current form and as it may be amended by Dusti Rhoads from time to time in its sole and absolute discretion, constitutes the entire contract between me and Dusti Rhoads. Any promises, representations, offers, or other communications not expressly set forth in the Dusti Rhoads Consultant are of no force or effect.
19. Any waiver by Dusti Rhoads of any breach of the Dusti Rhoads Consultant Agreement must be in writing and signed by an authorized representative of Dusti Rhoads. Waiver by Dusti Rhoads of any breach of the Dusti Rhoads Consultant Agreement shall not operate or be construed as a waiver of any subsequent breach.
20. If any provision of the Dusti Rhoads Consultant 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 Dusti Rhoads Consultant Agreement will remain in full force and effect.
21. The Dusti Rhoads Consultant Agreement will be governed by and construed in accordance with the Laws of the State of Nebraska without regard to conflict of laws principles. In the event of a dispute between me and Dusti Rhoads arising from or relating to the Dusti Rhoads Consultant Agreement or the rights and obligations of either Party, the dispute shall be settled totally and finally by arbitration as more fully described below. Dusti Rhoads shall not be obligated to engage in arbitration as a prerequisite to disciplinary action against a Dusti Rhoads Consultant. THE PARTIES WAIVE CLAIMS TO A TRIAL BEFORE ANY COURT OR JURY.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. BY ELECTING ARBITRATION, DUSTI RHOADS AND I AGREE THAT DISPUTES MUST BE RESOLVED THROUGH BINDING ARBITRATION AND WAIVE THE RIGHT TO HAVE DISPUTES HEARD IN COURT AS DESCRIBED BELOW. THIS ITEM IS REFERRED TO AS THE PARTIES’ “ARBITRATION AGREEMENT.”
Arbitration is a method of resolving claims, disputes, and other controversies without filing a lawsuit. By agreeing to arbitrate, the right to go to court is waived, and instead disputes are referred to an arbitrator for final and binding resolution. Dusti Rhoads and I agree that this Dusti Rhoads Consultant Agreement affects interstate commerce and that the Federal Arbitration Act (“FAA”) applies. The interpretation and enforcement of this Arbitration Agreement shall be governed by the FAA.
Class Action Waiver: Dusti Rhoads and I agree to waive any right to bring a class action, participate in a class action, or proceed on a class basis. In the event this class action waiver is declared to be unenforceable for any reason, the entire Arbitration Agreement shall be declared null and void. The remainder of the Dusti Rhoads Consultant Agreement shall remain in effect.
Scope: Dusti Rhoads and I agree to arbitrate any and all disputes between each other, including but not limited to legal claims, equitable claims, and any dispute arising out of, concerning, or relating in any way to Dusti Rhoads’ products, the Dusti Rhoads Consultant Agreement, and relationships with other Dusti Rhoads Consultants. Notwithstanding the foregoing, any Party may apply to a court of competent jurisdiction in either Scotts Bluff County in the State of Nebraska in the United States, or in any other jurisdiction as necessary, to: (i) seek a temporary restraining order, preliminary injunction, or other injunctive relief before, during the pendency of, or after a decision in any arbitration award or order (a) to protect the Party’s confidential, private, trade secret, or proprietary information or (b) to enforce any non-competition, non-solicitation, or nondisparagement provision or agreement; or (ii) enforce an arbitration award or the injunctive relief granted by an arbitrator.
Arbitrator Award: The arbitrator shall issue a written award in accordance with the AAA Commercial Arbitration Rules. The award shall be limited to deciding the obligations and rights in the specific dispute between the Parties. The arbitrator may impose equitable relief against a Party only if sought by the other Party. Judgment upon the award rendered by the arbitrator may be entered in the United States District Court for the District of Nebraska, and that judgment shall be final and non-appealable.
Severability: With the exception of the class action waiver set forth above, if any provision in this Arbitration Agreement is declared to be unenforceable for any reason, the remainder shall remain in effect.
Fees: The Parties will each bear their own costs and expenses and an equal share of the (i) cost of the arbitrator and (ii) administrative fees of arbitration.
Location: Arbitration shall take place in Scotts Bluff County in the State of Nebraksa.
Confidentiality: Except as may be required by law, neither the Parties nor the arbitrator may disclose sensitive, confidential, or proprietary information obtained in connection with the arbitration. The arbitrator shall be authorized to issue protective orders relating to the disclosure of such information.
22. Governing Law, Jurisdiction, and Venue: The Laws of the State of Nebraska shall govern all other matters relating to or arising from the Dusti Rhoads Consultant Agreement. Jurisdiction and venue of any matter not subject to arbitration shall reside in the U.S. District Court for the District of Nebraska or any state court in Scotts Bluff County, in the State of Nebraska.
23. Louisiana Residents Only: Notwithstanding anything to the contrary in the Dusti Rhoads Consultant Agreement, if you reside in Louisiana, you may bring an action against Dusti Rhoads with jurisdiction and venue as provided by Louisiana Law, and the Laws of the State of Louisiana shall govern all matters relating to or arising from this Dusti Rhoads Consultant Agreement. Any arbitration may be filed in or removed to Louisiana without objection or opposition by Dusti Rhoads.
24. Montana Residents Only: Notwithstanding anything to the contrary in the Dusti Rhoads Consultant Agreement, should a Montana resident cancel the Dusti Rhoads Consultant Agreement within fifteen (15) days from the date of enrollment, Dusti Rhoads will refund one hundred percent (100%) of the purchase price for the Starter Kit.
25. I understand that if I wish to bring an action against Dusti Rhoads for any act or omission relating to or arising from the Dusti Rhoads Consultant Agreement, such action must be brought within the later of: (a) one (1) year from the date of the alleged conduct giving rise to the cause of action, or (b) the shortest time permissible under State Law for U.S. Dusti Rhoads Consultants or under applicable non-U.S. Law for non-U.S. Dusti Rhoads Consultants. Failure to bring such action within such time shall bar all claims against Dusti Rhoads for such act or omission. I hereby waive all claims barred by any other applicable statute of limitations.
26. I agree to present the Compensation Plan and Dusti Rhoads products and services only as set forth in official Dusti Rhoads literature. When presenting or discussing the Dusti Rhoads opportunity or Compensation Plan to a prospective customer or Consultant, Dusti Rhoads Consultants may not make income projections, income claims, income testimonials, or disclose their Dusti Rhoads income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other Dusti Rhoads Consultant. When presenting or discussing the Dusti Rhoads Compensation Plan, you must make it clear to prospects that financial success in Dusti Rhoads requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves.