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  1. I understand that as an Associate of Second City Swag, LLC, a) I have the right to offer for sale Second City Swag, LLC products and services in accordance with these Terms and Conditions, b) I have the right to sponsor/enroll persons in Second City Swag, LLC, and c) If qualified, I have the right to earn commissions pursuant to the Compensation Plan of Second City Swag, LLC
  2. I agree to present the Second City Swag, LLC Marketing and Compensation Plan and Second City Swag, LLC products and services as set forth in official Second City Swag, LLC literature
  3. I agree that, as a Second City Swag Associate, I am an independent contractor and not an employee, partner, legal representative, or franchisee of Second City Swag. I agree that I will be solely responsible for paying all expenses which I incur in my business, including, but not limited to, website fees, travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF SECOND CITY SWAG FOR FEDERAL OR STATE TAX PURPOSES. Second City Swag is not responsible for withholding and shall not withhold or deduct from my bonuses and commissions, if any, FICA or taxes of any kind unless required by law
  4. I agree to carefully read and agree to comply with the Second City Swag Policies and Procedures, the Second City Swag Marketing and Compensation Plan, 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 Second City Swag. I understand that the Second City Swag Policies and Procedures and/or the Second City Swag Marketing and Compensation Plan may be amended at the sole discretion of Second City Swag, and I agree to abide by all such amendments. Notification of amendments shall be posted on Second City Swag’s website. Amendments shall become effective 30 days after publication. The continuation of my Second City Swag 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. If I fail to annually renew my Second City Swag business through the purchase of inventory, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as an Associate. I shall not be eligible to sell Second City Swag products and services, nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination, or non-renewal, 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. Second City Swag reserves the right to terminate all Associate 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. Associates may cancel this Agreement at any time and for any reason upon written notice to Second City Swag, LLC at its principal business address or via the customer service email. To remain active in the company, associates will need to successfully post payment of a monthly subscription fee of $12.99 per month. The first thirty day of the subscription are free
  6. With this agreement it is understood that my sponsor I am signing up with is my upline, not my boss.  This position can not be transferred to another sponsor or team once submitted
  7. Once a resignation is submitted by an associate they may not rejoin with Second City Swag, LLC for a 60 day period from the date of resignation
  8. I may not assign any rights under the Agreement without the prior written consent of Second City Swag. Any attempt to transfer or assign the Agreement without the express written consent of Second City Swag renders the Agreement voidable at the option of Second City Swag and may result in termination of my business
  9. I understand that if I fail to comply with the terms of the Agreement, Second City Swag 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
  10. Second City Swag, 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 Second City Swag, LLC 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 Second City Swag, LLC and its affiliates from all liability arising from, or relating to, the promotion or operation of my Second City Swag business and any activities related to it (e.g., the presentation of Second City Swag products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.) and agree to indemnify Second City Swag for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business
  11. The Agreement, in its current form and as amended by Second City Swag at its discretion, constitutes the entire contract between Second City Swag and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect
  12. Any waiver by Second City Swag of any breach of the Agreement must be in writing and signed by an authorized officer of Second City Swag. Waiver by Second City Swag of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach
  13. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Agreement will remain in full force and effect
  14. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without regard to principles of conflicts of laws. In the event of a dispute between an Associate and Second City Swag 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 non-binding mediation as more fully described in the Policies and Procedures. Second City Swag shall not be obligated to engage in mediation or arbitration as a prerequisite to disciplinary action against an Associate. 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. Notwithstanding the foregoing, Illinois shall be entitled to bring an action before the State or Federal Courts in LaSalle County, State of Illinois, seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including, but not limited to, actions to protect its customer and/or Associate lists as well as other trade secrets, trademarks, trade names, patents, and copyrights
  15. The parties consent to jurisdiction and venue before any federal or state court in LaSalle County, State of Illinois, for purposes of enforcing an award by an arbitrator, an action by Second City Swag for equitable relief, or any other matter not subject to arbitration
  16. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law
  17. Montana Residents: A Montana resident may cancel his or her Associate Agreement within 15 days from the date of enrollment and may return his or her Enrollment for a full refund within such time period
  18. If an Associate wishes to bring an action against Second City Swag 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 Second City Swag for such act or omission. Associate waives all claims that any other statute of limitations applies
  19. I authorize Second City Swag to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use
  20. An emailed copy of the Agreement, as well as a digitally scanned copy, or digitally displayed and agreed to, shall be treated as an original in all respects. NOTICE OF RIGHT TO CANCEL: You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents). 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 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 the seller, at your residence, 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 the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice to Second City Swag, LLC PO Box 221, Serena, IL 60549 NO LATER THAN MIDNIGHT of the third business day following the date of your application.