1. Authorization and Contract.
By executing the Essential Access Network Virtual Business Owner (“VBO”) Agreement (“Agreement”), you apply for legal authorization to become an Essential Access Network business owner and enter into contract with Essential Access Network, LLC, hereinafter “EAN.” You acknowledge that prior to signing you have received, read and understood the EAN Income Disclaimer statement, that you have read and understood the EAN Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on essentialaccessnetwork.com, and that you have read and agree to all terms set forth in this Agreement. EAN reserves the right to reject any application for any reason within thirty (30) days of receipt.
2. Expiration, Renewal, and Termination.
The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If you fail to annually renew your EAN business, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a VBO. You shall not be eligible to sell EAN services nor shall you be eligible to receive royalties, bonuses, or other income resulting from the activities of your former downline sales organization. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. EAN reserves the right to terminate all VBO Agreements upon thirty (30) days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its services via direct selling channels. VBO may cancel this Agreement at any time, and for any reason, upon written notice to Essential Access Network. EAN may cancel this Agreement for any reason upon written notice to VBO. EAN may also take actions short of termination of the Agreement, if a Company VBO breaches any of its provisions.
3. Independent Contractor Status.
You agree this authorization does not make you an employee, agent, or legal representative of Essential Access Network or your Sponsoring VBO. As a self-employed independent contractor, you will be operating your own independent business, buying and selling services available through EAN on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Presenting the Plan.You agree when presenting the EAN Compensation Plan to present it in its entirety as outlined in official Company materials, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on downline volume. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by EAN. You agree to instruct all prospective VBOs to review the EAN Income Disclaimer statement.
5. Selling the Service.
You agree to make no representations or claims about any services beyond those shown in official Company literature. You further agree to sell services available through EAN only in authorized territories.
6. EAN’s Proprietary Information and Trade Secrets.You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by EAN, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the EAN business including, without limitation, VBO lists, sponsorship trees, and all EAN VBO information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of Essential Access Network, LLC, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with EAN, the Company grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and service developments, and VBO sales, earnings and other financial reports to facilitate your EAN business.
7. Non-Solicitation Agreement.
In accordance with the Policies and Procedures, you agree that during the period while you are a VBO, and for one (1) calendar year following resignation, non-renewal, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other EAN VBO to compete with the business of EAN.
8. Images / Recordings / Consents.You agree to permit EAN to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by EAN for any lawful purpose, and without compensation.
9. Modification of Terms.
With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
10. Jurisdiction and Governing Law.
The formation, construction, interpretation, and enforceability of your contract with the Company as set forth in this VBO Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Wyoming without regard to conflict of law provisions. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against Essential Access Network, LLC with jurisdiction and venue as provided by Louisiana law.
11. Dispute Resolution.
All disputes and claims arising out of or relating to EAN, its services, the rights and obligations of a VBO and the Company, or any other claims or causes of action arising out of or relating to the performance of either an VBO or EAN under the Agreement or the Company Policies and Procedures shall be settled by either mediation, and if unsuccessfully, totally and finally by arbitration as enumerated in the Policies and Procedures in Sheridan, Wyoming, 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. Additionally, you agree not to initiate or participate in any class action proceeding against Essential Access Network, LLC, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent EAN 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.
12. Time Limitation.
If a VBO wishes to bring an action against EAN for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. VBO waives all claims that any other statutes of limitations apply.
13. Refund Policy.
EAN offers a 30-day satisfaction guarantee on all initial fees paid to the company. All subsequent fees are nonrefundable. The digital nature of the service and the immediacy of the benefits make any possibility for a longer refund period commercially impractical.
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. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and the Company and supersedes any prior agreements, understandings and obligations between you and Essential Access Network concerning the subject matter of your contract with EAN.
15. Notice of Right to Cancel.
You may request a refund on your initial fee by delivering written notice, to EAN at firstname.lastname@example.org no later than thirty days after initial payment.
16. Submission of Electronic W-9.
Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2), I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.