EXSYTED INDEPENDENT INFLUENCER (II)
Registration Agreement for General II Membership & Founder’s Club Membership
&
TERMS AND CONDITIONS
Definitions
Independent Influencer = II
Independent Influencer Association Council = IIAC
Products and Services Fees:
Exsyted Business Services & Support* $99.00 annually
Founders' Club membership* $99, one time
Independent Influencers Association Annual Fee* $25 annually
Influencers' Portal (Your own webpage and unique URL dedicated to your Exsyted business, products, team support, account, etc.)* $9.99 monthly
Annual Shareroom Subscription* (optional) $180.00
Access to other Exsyted products and services as listed in the catalog at various price points.
*All prices are listed before taxes.
1. EXSYTED BUSINESS - Exsyted is an influencer marketing company selling multiple software-as-a-service (“SAAS”), live stream production services and other internet accessible electronic products and services. The company was founded in 2012 by D. Geoffrey Hill and is based in New Plymouth, Idaho. It conducts business through influential people worldwide and offers incentives for people to develop customers through various compensation plans and mechanisms. A copy of the Compensation Plan is available to review in section A of the Exsyted Business Reference and Rules of Conduct document. Influencers earn revenue by selling the products and services offer by the company. Influencers do NOT earn any revenue, rewards, bonuses or other compensation from membership fees or association dues.
2. AGREEMENT TO MEDIATE AND ARBITRATE DISPUTES - Exsyted LLC. (“Exsyted”) and its IIs mutually agree to resolve all claims and disputes arising out of or relating to an Independent Business, the II Contract as defined in Rule 1.1 of the Exsyted Rules of Conduct (“Rule” or “Rules”), as well as disputes involving Business Support Materials (“BSM”), as defined in Rule 7, under the Dispute Resolution Procedures described in the Rules, specifically Rule 11. The Rules shall be part of this II Registration Agreement (“Agreement”) and are incorporated by reference. A copy of the Rules is available to review at www.exsyted.com.
I agree to submit any dispute I may have with another II, a former II, Exsyted, or an Approved Provider of BSM, as defined in Rule 7, to conciliation under Rule 11.4. I further agree that if any claim or dispute cannot be resolved by good faith efforts in conciliation under Rule 11.4, I will submit any remaining claim or dispute arising out of or relating to my Independent Business, the II Contract (including any claim against another II, a former II, or any such II’s officers, directors, agents, or employees; or against Exsyted, LLC. and any parent, subsidiary, affiliate, predecessor or successor thereof, or any of their officers, directors, agents, or employees) as well as disputes involving BSM or Approved Providers of BSM, to binding arbitration in accordance with Rule 11.5. The arbitration award shall be final and binding and judgment may be entered upon it by any court of competent jurisdiction. Demand for arbitration shall be made within 2 years after the claim arose, but in no event after the date when the initiation of legal proceedings would have been barred by the applicable statute of limitations, subject to the tolling provision in Rule 11.5.5. I acknowledge that this Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. The agreement to conciliate and arbitrate under Rule 11 is reciprocal and binds Exsyted, IIs and Approved Providers.
The Arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.
BUSINESS SUPPORT MATERIALS (BSM) - Some IIs and Exsyted accredited third-party providers (“Approved Providers”) offer optional BSM to IIs (See Rule 7 for more information). I UNDERSTAND THAT I DO NOT HAVE TO BUY BSM TO BECOME AN II AND THAT BSM MAY BE HELPFUL BUT ARE NOT NECESSARY TO BE A SUCCESSFUL II. BSM ARE OFFERED SEPARATELY FROM THE EXSYTED
BUSINESS BY IIS AND APPROVED PROVIDERS THAT ARE NOT OWNED OR OPERATED BY EXSYTED. I further understand that Exsyted does not earn any revenue from my purchase of BSM from IIs or Approved Providers; some IIs and Approved Providers earn income (which is not paid by Exsyted) from the sale of BSM to IIs; IIs and Approved Providers are required to meet Exsyted’s Quality Assurance Standards for BSM (See Rule 7); I may have rights to a refund from the seller under certain circumstances; in deciding whether or not to purchase BSM, I will use my own good judgment and ensure that expenditures are consistent with my goals and with the profitability of my business; and, if I choose to purchase BSM, I will do so only after I have registered as an II, and after I have assessed my own needs for BSM. In addition, Exsyted offers optional free training for IIs in marketing and merchandising.
REGISTRANT(S) - I certify that all of the information above is complete and correct, including my sponsoring II. I have read and agree to adhere to the terms of this Agreement, including the Exsyted Terms and Conditions printed on the reverse side (Page 2 of 2). I need only select the Business Services & Support portion of the Exsyted Registration Package to become an II. I certify that in deciding to become an II I have relied solely on the earnings representations and information contained in the Plan. I certify that I have received, read, and understood the Exsyted Business Opportunity Brochure. I understand there are no guarantees of average annual income.
*Registrant(s) must be 16 or older (see Rules of Conduct; Rule 3.5)
EXSYTED TERMS AND CONDITIONS
Authorization and Contract.
The Exsyted business opportunity is available worldwide. By executing the II Registration Agreement (“Agreement”), you apply for legal authorization to become an Exsyted II and enter into a contract with Exsyted, LLC. (“Exsyted”). Your contract with Exsyted includes all of the terms in this Agreement, any renewal form(s) executed or authorized by you, the Plan as defined in Rule 2.1 of the Exsyted Rules of Conduct (“Rule” or “Rules”), the Rules in effect at the time you execute this Agreement, and any Entity Agreement for IIs or modifications to the Plan or Rules that become effective during the term of your contract (“II Contract”). You acknowledge that prior to signing this Agreement you have received, read and understood a copy of a brochure authorized by Exsyted for use with Prospects that contain profit estimates, earnings, and sales figures and percentages as published by Exsyted, that you have read and understood the Exsyted Business Reference Guide including the Plan and the Rules, which are incorporated into this Agreement and made a part of it as if restated in full, as posted on www.exsyted.com, and that you have read and agree to all terms set forth in this Agreement. You understand that to become an II you need only select the Business Services & Support portion of the Exsyted Registration Package, and that additional products or support items are optional. Exsyted reserves the right to reject any application for any reason.
*Tax ID Number (Social Security Number) - Failure of the primary registrant to provide a Social Security Number will result in withholding a percentage of all bonus payments.
Email Address - To receive order confirmations, product updates and special offers, it is important that Exsyted has a unique email address for every Independent Influencer. Exsyted will not share this information with any non-affiliated third parties or send any unwanted emails.
Expiration and Renewal.
You must maintain a current authorization in order to preserve your rights as an II, including all rights of sponsorship with IIs and Customers (as defined in Rule 2.3) you register. The term of your II Contract expires on the date you signed up annually, except for Founder’s Club members. The term for the Founder’s Club II Contract expires on December 31st each year. To remain an II, you must annually renew the II Contract along with the required annual business fee. In the event you elect automatic renewal, you agree to continue to abide by the terms of your II Contract, as it may be amended from time to time in accordance with Rules 10 and 11. Exsyted reserves the right to reject your renewal request or revoke your renewal agreement under Rule 3.7.
Independent Contractor Status.
You agree this authorization to be an Independent Influencer does not make you an employee, agent, or legal representative of Exsyted, your sponsoring II, or any other II. As an Independent Influencer you are a self-employed Independent Contractor. As a self- employed independent contractor, you will be operating your own independent business, buying and selling products and services available through and by Exsyted 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. Exsyted will not provide you with a place of business, and if you desire a place of business other than your own residence, you will be responsible for procuring, furnishing, and paying the rental for such place of business. As a self-employed independent contractor, you are responsible for complying with any state or local business licensing requirements. With respect to services performed by you under your II Contract, you will not be treated as an employee for federal or state tax purposes, and you will be responsible for payment of any self-employment and other income taxes. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year by Exsyted. It will be your sole responsibility to account for such income on your individual income tax returns.
Presenting the Plan.
You agree when presenting the Plan to present it in its entirety in accordance with Rule 5, emphasizing that there is only one Plan for all IIs, and that sales to Customers are a requirement to receiving compensation in the form of Performance Bonus on downline II 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 Exsyted. You agree to give all prospective IIs a copy of a brochure authorized by Exsyted for use with Prospects that contains the average estimated profits, earnings, and sales figures and percentages as published by Exsyted and orally inform the Prospect that the brochure contains the average estimated profits, earnings, and sales figures and percentages as published by Exsyted.
Selling Product and Refunds.
You agree that you will not sell any Exsyted products until you have read the Responsibility Statement included in the Business Reference Guide, and you agree to make no representations or claims about any products beyond those shown on product labels and/or in Exsyted-authorized literature. You agree to inform Customers of the Satisfaction Guarantee in accordance with Rule 4.9. You further agree to sell products available through or by Exsyted only in authorized territories, including all of the countries and territories of the Region, and to be bound by all sales tax collection agreements between Exsyted and the various taxing jurisdictions, as well as the related rules and procedures established from time to time by Exsyted to effectuate those agreements. A price list of retail products is available at www.exsyted.com. There are no sales quotas or minimum purchase requirements, and you are not required to sell products at any particular price. The price list contains suggested retail prices and is optional. You may return products that you have purchased for a refund in accordance with Rules 4.9, 4.10 and 4.11.
Exsyted’s Proprietary Information and Trade Secrets.
You recognize and agree that, as further set forth in Rule 6, LOS information (as defined in Rule 2.8), constitutes a commercially advantageous, unique and proprietary trade secret owned by Exsyted. During the term of your II Contract, in accordance with and subject to compliance with Rule 6 and any other related Rules or procedures, Exsyted grants you a limited, non-exclusive, non-transferable and revocable license to use Line of Sponsorship (LOS) Information and other Proprietary Information, such as confidential business reports, manufacturing and product developments, and II sales, earnings and other financial reports only as necessary to facilitate your Exsyted business as contemplated under the Rules and other terms of your II Contract. You acknowledge the substantial value of LOS Information and other Proprietary Information to Exsyted and agree to maintain all LOS Information and other Proprietary Information in strictest confidence and to use it only as authorized by Exsyted. You further agree to not disclose any LOS Information or other Proprietary Information to any third party, or to use LOS Information or other Proprietary Information in connection with any other businesses. Upon expiration or termination of your Independent Business, you agree promptly to return any and all LOS Information and other Proprietary Information to Exsyted and immediately discontinue any further use thereof. This covenant shall survive the expiration or termination of your II Contract for any reason.
Non-Competition Agreement.
In accordance with Rule 6.2, you agree that during the period while you are an II, and for six months following expiration or termination of your Independent Business, you will not compete with Exsyted. This covenant shall survive the expiration or termination of your II Contract for any reason.
Non-Solicitation Agreement.
In accordance with Rule 6.2, you agree that during the period while you are an II, and for two years following expiration or termination of your Independent Influencers Business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other II to compete with the business of Exsyted. This covenant shall survive the expiration or termination of your II Contract for any reason. You further agree in accordance with Rule 6.3 that while you are an II, you will not (i) sell, offer to sell or promote other business opportunities, products, or services in connection with the Plan; or (ii) solicit, directly or indirectly, other IIs whom you did not personally sponsor in order to sell, offer to sell, or promote other products, services, or business opportunities, investments, securities, or loans not offered through or by Exsyted.
Independent Influencers Association Council (IIAC).
As an Exsyted II, you may support your trade association, the IIAC, which through its Board of Directors provides IIs a channel of communication with Exsyted on key issues affecting the business. The annual fee is included in your registration and renewal fees. If you do not wish to support the IIAC, you may send a refund request within 90 days of registration or renewal to Customer Service , P.O. Box 11, New Plymouth, ID 83655, and Exsyted will issue a check or credit to refund the annual fee. By choosing to opt-out of the IIAC you agree to lose your communication and advocacy rights provided by the IIAC.
Images / Recordings / Consents.
You agree to permit Exsyted 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 Exsyted for any lawful purpose, and without compensation. You understand that you may cancel this authorization by sending a certified letter stating such cancellation to Exsyted Business Communications, P.O. Box 11, New Plymouth, ID 83655. You agree that, subject to Exsyted’s policies and procedures and Privacy Statements, Exsyted may obtain, record, use, hold, transfer, dispose of and otherwise process other Exsyted IIs, Exsyted affiliates and third parties, such personal and business information as may be necessary to enable Exsyted to fulfill its obligations under your II Contract, or which Exsyted determines is expedient to support its business operations and the management of the Line of Sponsorship.
Personal and Business Data.
You agree to obtain, record, use, hold, transfer, dispose of and otherwise process personal information about Customers, other Exsyted IIs or any other person (however and whomever obtained from) only in accordance with your II Contract. Unless otherwise provided by Exsyted, you shall (i) only use such personal information for your own Exsyted business and for no other purpose(s); (ii) comply with your obligations regarding privacy and data security as set forth in your II Contract; and (iii) comply with like privacy and data security obligations to those imposed on Exsyted under applicable laws in respect of such information.
Termination by Notice or Upon Breach.
You may terminate your II Contract at any time prior to expiration by written communication to Exsyted. Exsyted may terminate your II Contract as a result of breach of any of the provisions of your II Contract. Exsyted may also take actions short of termination of your II Contract, if you breach any of its provisions. In determining what actions to take in the event of breach of the II Contract, Exsyted may consider without limitation the nature and severity of the breach, whether the breach can be or has been cured following notification by Exsyted of the existence of the same, and whether there are multiple simultaneous, serial or repeating breaches. If you do not agree with action taken by Exsyted under this paragraph, you may submit your dispute to the Dispute Resolution Procedures as provided in Rule 11.
Modification of Terms.
The terms of your II Contract may be modified as specified in Rules 10 and 11.
Jurisdiction and Governing Law.
Except to the extent that the Federal Arbitration Act applies to Rule 11, the formation, construction, interpretation, and enforceability of your II Contract shall be governed by Idaho law, without giving effect to any choice of law or conflicts of law rules or provisions (whether of the State of Idaho or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the State of Idaho. The place where the II Contract is made is Idaho. Notwithstanding the language of this Agreement, the English language version of the Agreement shall govern.
Miscellaneous.
The provisions of your II Contract with Exsyted are severable. In the event that an arbitrator or court of competent jurisdiction determines any portion of the II Contract is unenforceable in any respect, then it shall enforce the rest of the II Contract to the fullest extent permitted by law without affecting the enforceability of the remaining provisions of the II Contract. No waiver of any default or breach of any provision of your II Contract, or failure to enforce rights contained therein, shall operate as or be deemed a waiver of any subsequent default or breach. 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 your II Contract, including all documents incorporated herein by reference, embody the whole agreement between you and Exsyted and supersede any prior agreements, understandings and obligations between you and Exsyted concerning the subject matter of your contract with Exsyted.