Terms and Conditions

A Consumer for Charity (hereinafter ‘C4C’) of DAY 1 Corporation (hereinafter "DAY 1" or the "Company") promises and agrees that:
 
  1. C4C applicant is of legal age in the state in which applicant enters this agreement or, if C4C applicant is not of legal age, the parent or legal guardian is a co-applicant. (If applicant is a minor, the term “C4C” refers collectively to applicant and applicant’s co-applicant.
  2. An applicant shall become a C4C upon acceptance of an application by the Company. A C4C shall have the right to purchase products and services through DAY 1, promote the sale of such services and products to other C4Cs, enroll others as C4Cs (and thereby build a marketing organization), and earn bonuses and commissions in accordance with the Company’s The Linear Compensation Plan, which may be amended and changed by the Company at any time. Note that C4Cs who are minors will not be eligible for payment of bonuses or commissions under the The Linear Compensation Plan until they reach the age of majority in their states of residence (usually 18 years of age).
  3. C4C must have carefully reviewed the Company’s Linear Pay System and Policies and Procedures, both of which are incorporated into and made a part of these Terms & Conditions (these three documents shall collectively be referred to as the “Agreement”). A C4C must be in good standing, not in violation of the Agreement, and the age of majority in my state of residence to be eligible for receipt of bonuses or commissions from Company. These Terms & Conditions, the Policies and Procedures, or the The Linear Compensation Plan may be amended at the sole discretion of the Company, and a C4C must abide by all such amendments. Notification of amendments shall be posted on the Company’s website, and shall become effective immediately upon their publication. The continuation of my C4C status or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
  4. The term of this Agreement is one year, subject to prior cancellation or termination as provided in this Agreement. This Agreement shall be effective for a period of 12 months and shall automatically renew for successive terms of the same duration, unless either party provides 30 days written notice to the other party prior to the applicable initial term or renewal term. However, if at any time a C4C is found to be in violation of the terms of the Agreement, the Company may, at its discretion, terminate a C4C's status immediately, without prior consent of the C4C. If the Agreement is canceled or terminated for any reason, I understand that I will permanently lose all rights as a C4C, and consequently shall not be eligible to purchase products or services through DAY 1, or enroll others as DAY 1 C4C’s. In the event of cancellation, termination or nonrenewal, a C4C waives all rights, including but not limited to property, rights to my former Linear organization and to any bonuses, commissions or other remuneration derived through the purchases and other activities of my former organization.
  5. C4Cs may cancel their DAY 1 C4C Account and Associated Recurring AutoShip order in writing at http://support.myday1.com/ or by fax to 305-514-0573 or by mailing a request to 7300 Biscayne Blvd suite 304, Miami, FL 33138. The cancellation request must be received by DAY 1 at least 5 business days prior to C4Cs next scheduled AutoShip processing date.
  6. Upon acceptance of this application by the Company, a C4C will be an independent contractor and not an employee, partner, legal representative, or franchisee of the Company. A C4C WILL NOT BE TREATED AS AN EMPLOYEE OF THE COMPANY FOR FEDERAL OR STATE TAX PURPOSES. The Company is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA or taxes of any kind. It is a C4Cs responsibility to pay all local, state, and federal taxes on any income generated through my participation in with DAY 1.
  7. A C4C will not use the Company’s trade name and/or trademarks except as provided in the Policies and Procedures..
  8. A C4C acknowledges that no fees or inventory purchases have been or will be required for the right to fully participate in DAY1. The only requirement for a Charity Partner or Preferred Consumer to remain active is the monthly AutoShip order of at least one unit of product, a manual cart order of at least one unit of product or have a retail customer with at least one unit of product.
  9. A C4C must comply with all applicable federal, state, county and local laws, rules and regulations pertaining to this Agreement, at C4C's own expense, and make, execute or file all such reports and obtain such licenses as are required by law.
  10. 10. If a C4C fails to comply with the terms of the Agreement, the Company may, at its discretion, impose upon the C4C disciplinary sanctions as set forth in the Policies and Procedures. If a C4C is in breach, default or violation of the Agreement at termination, a C4C shall not be entitled to receive any further bonuses or commissions.
  11. The Company, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and the C4C releases the Company and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. A C4C will release the Company and its affiliates from all liability arising from or relating to my promotion of The DAY 1 program and opportunity, and any activities related thereto (e.g., the presentation of the Company’s products, services, or The Linear Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify the Company for any claims, demands, liability, judgments, damages, fines, penalties, attorney fees, or other awards arising from any conduct that C4C undertakes in promoting DAY 1 or operating C4C's business.
  12. This Agreement, in its current form and as amended by the Company at its discretion, constitutes the entire agreement between the C4C and the Company. Any promises, representations, guaranties or agreements not expressly set forth in the Agreement are of no force or effect.
  13. A C4C may not assign any rights or delegate my duties under the Agreement without the prior written consent of the Company. Any attempt to transfer or assign the Agreement without the express written consent of the Company renders the Agreement voidable at the option of the Company and may result in termination of my C4C Agreement.
  14. Any waiver by the Company of any breach of the Agreement must be in writing and signed by an authorized officer of the Company. Waiver by the Company of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
  15. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, without regard to principles of conflicts of laws. In the event of a dispute between a C4C and the Company arising from or relating to the Agreement, or the rights and obligations of either party, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures.
  16. The parties consent to jurisdiction and venue before any federal or state court in Dade County, State of Florida, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
  17. If a C4C wishes to bring an action against the Company 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 the Company for such act or omission. A C4C waives all claims that any other statute of limitations applies.
  18. If any provision of this Agreement is held invalid, void, or voidable by an arbitrator or court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and to reflect the intent of the parties as nearly as possible. All other remaining provisions shall remain in full force and effect.
  19. Upon submission of an enrollment application, a Charity Partner and Preferred Consumer authorizes DAY 1 to process the New C4C Application, as well as the associated C4C order, and my monthly AutoShip.
  20. This Agreement is not in force until accepted by the Company.
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