As used throughout these terms and conditions, “Agreement” collectively refers to the CherryMusik Networker Agreement, Policies and Procedures, Marketing and Compensation Plan, and any other document incorporated by reference in the aforesaid. These documents, in their current form, and as may be amended by CherryMusik at its sole discretion, constitute the entire contract between CherryMusik and the CherryMusik Networker. No other representation, promise, or agreement, shall be binding on the parties unless in writing and signed by an authorized officer of CherryMusik.
1. I certify that I am at least 18 years old (or of contractual age in my state of legal residence) and that all information I provided on this Agreement is accurate. I understand CherryMusik requests my personal tax identification number solely for the purpose of reporting income to the Internal Revenue Service. Under its right of contract, CherryMusik maintains the right to decline my Agreement if I do not provide a valid tax identification number.
2. I understand that I am not required to make any product purchases in exchange for the right to promote CherryMusik products pursuant to this Agreement.
3. I understand that CherryMusik does not accept initial Agreements from business entities. Once my personal Agreement is accepted, I will have the option to add a business entity to my account in accordance with the Policies and Procedures.
4. I understand that as an CherryMusik Networker: a) I am granted the non-exclusive right to promote and recommend CherryMusik products and services in accordance with the Agreement, b) I have the right to enroll persons in CherryMusik, and c) If qualified, I have the right to earn commissions pursuant to the CherryMusik Compensation Plan.
5. I agree to abide by the CherryMusik Code of Conduct as detailed in the CherryMusik Policies and Procedures.
6. I agree to present and promote the CherryMusik Compensation Plan and CherryMusik products and services as set forth in literature that is officially produced by CherryMusik.
7. I agree that as a CherryMusik Networker I am an independent contractor, and not an employee, partner, legal representative, or franchisee of CherryMusik. I understand and 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 CHERRYMUSIK FOR ANY PURPOSE. CherryMusik is not responsible for tax withholding, and reserves the right to refuse to withhold or deduct from my bonuses and commissions, if any, FICA or taxes of any kind, even if requested or agreed to by me in order to comply with any governmental order of backup withholding. I understand I am responsible to pay all applicable federal and state taxes and/or license fees, including FUTA and state unemployment and workers compensation taxes that may become due as a result of my activities as an Independent Networker.
8. If eligible, I will be compensated for the products sold through my recommendations. CherryMusik never compensates for the mere act of sponsoring. The sale of products to end consumers must be emphasized in all presentations.
9. I understand that CherryMusik’s program is built upon retail sales to the ultimate consumer. I am entitled to purchase product for my own personal or family use, and understand that CherryMusik prohibits the purchase of product or large quantities of inventory solely for the purpose of qualifying for bonuses or advancement in the marketing program. By placing subsequent product orders, I certify that I have downloaded at least 70% or more of all Cherry Points that I previously purchased.
10. I have carefully read and agree to comply with the CherryMusik 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 CherryMusik. I understand that these Terms and Conditions, the CherryMusik Policies and Procedures, or the CherryMusik Marketing and Compensation Plan may be amended at the sole discretion of CherryMusik, and by submitting this Agreement I agree to abide by all such amendments. Amendments shall be binding immediately after notification is released. The continuation of my CherryMusik business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
11. The term of this agreement is for life. If I canceled or terminated for any reason, I understand that I will permanently lose all rights as a Networker. I shall not be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline organization. In the event of cancellation or termination, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. CherryMusik reserves the right to terminate all Independent Networker Agreements.
12. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of CherryMusik. Any attempt to transfer or assign the Agreement without the express written consent of CherryMusik renders the Agreement voidable at the option of CherryMusik and may result in termination of my business.
13. I understand that if I fail to comply with any of the terms of the Agreement, CherryMusik may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures, up to and including the termination of my Membership. 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.
14. I represent and warrant that my participation as an CherryMusik Networker does not breach, violate, or otherwise interfere with any current agreements, past agreements, or surviving clauses of previous agreements, into which I have entered with any other multi-level marketing, direct sales, or other business venture.
15. I understand that my participation as an CherryMusik Networker does not restrict my participation in another multi-level marketing or direct sales opportunity.
16. I understand and agree that if I elect to participate in another multi-level marketing or direct sales opportunity, I will maintain separate organizations, independent of one-another.
17. CherryMusik, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “Agents”), shall not be liable for, and I release CherryMusik and its Agents from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release CherryMusik and its Agents from all liability arising from or relating to the promotion or operation of my CherryMusik business and any activities related to it (e.g., the presentation of CherryMusik products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify CherryMusik for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
18. The Agreement, in its current form and as amended by CherryMusik at its discretion, constitutes a contract between CherryMusik and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
19. Any waiver by CherryMusik of any breach of the Agreement must be in writing and signed by an authorized officer of CherryMusik. Waiver by CherryMusik of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
20. 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.
21. This Agreement will be governed by and construed in accordance with the laws of Puerto Rico without regard to principles of conflicts of laws. In the event of a dispute between a Networker and CherryMusik 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. CherryMusik shall not be obligated to engage in mediation as a prerequisite to disciplinary action against a Networker. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures.
22. The parties consent to jurisdiction and venue before any federal or state court in the city of San Juan, Puerto Rico, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
23. If a Networker wishes to bring an action against CherryMusik 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 CherryMusik for such act or omission. Networker waives all claims that any other statute of limitations applies.
24. I authorize CherryMusik to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
25. I understand that I cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.
26. The Company reserves the right to accept or reject any applicant and is under no obligation to offer any reason for rejection. The Company is under no obligation to notify an applicant of an incomplete or faulty Agreement.
27. A faxed or online copy of this Agreement shall be treated as an original in all respects.
28. I understand that I am entitled to cancel participation in the Networker program at any time and for any reason upon written notice to CherryMusik.