1. I have the right to offer to sell AMERICAN STUFF A BEAR, LLC products and services in accordance with this agreement.
  2. I will comply with all federal, state, county and municipal laws, ordinances, rules, and regulations. I shall make reports and remit any withholdings or deductions as may be required by these ordinances.
  3. I am at least 18 years of age and an independent contractor for my own account and am not an agent or employee of AMERICAN STUFF A BEAR, LLC or any of its partners or affiliates. I will not be treated as an employee of AMERICAN STUFF A BEAR, LLC for federal or state tax purposes. I further understand that AMERICAN STUFF A BEAR, LLC. will not withhold compensation due to independent consultant including but not limited to payment of income taxes, Social Security, unemployment, or other taxes.
  4. I am responsible for obtaining any licenses required by law in my locality.
  5. I understand that I am not authorized to and will not incur debt or open a checking account on behalf of AMERICAN STUFF A BEAR, LLC.
  6. I will not use the AMERICAN STUFF A BEAR, LLC. name in my own business name but rather will only refer to AMERICAN STUFF A BEAR, LLC as the product line that I carry. I am authorized to advertise the brand through AMERICAN STUFF A BEAR, LLC approved ads. I may refer to myself as an independent consultant of AMERICAN STUFF A BEAR, LLC.
  7. I understand that I must be a member in good standing in order to receive bonuses or commissions as set forth in the plan.
  8. I understand that this agreement is for a term of one year and that it cannot be assigned to another person or entity. I will not allow others to use my personal discount. I understand that if I do not renew my agreement, I permanently lose my rights as a consultant. I shall not be eligible to receive commissions, bonuses, or other income on my former direct recruits.
  9. I certify that AMERICAN STUFF A BEAR, LLC or its representatives have made no claims of guaranteed earnings that might result from my becoming an independent consultant. I agree to make no statements or guarantees of income to those I recruit into the company or attempt to enroll.
  10. These terms of agreement may be amended by AMERICAN STUFF A BEAR, LLC, from time to time. Any such amendment will be published in AMERICAN STUFF A BEAR, LLC literature and will become effective upon that publication.
  11. I understand that my becoming an independent consultant does not constitute the sale of a franchise.
  12. If I fail to pay for products or services, I authorize AMERICAN STUFF A BEAR, LLC to withhold amounts from my commissions and/or bonuses, to charge my credit cards, to debit my checking account, if any, I have authorized AMERICAN STUFF A BEAR, LLC to charge. I understand failure to pay constitutes a breach of this contract.
  13. AMERICAN STUFF A BEAR, LLC, its directors, officers, employees, assigns and agents (herein referred to as affiliates) shall not be liable for, and I release AMERICAN STUFF A BEAR, LLC and its affiliates from, and waive all claims for consequential and exemplary damages. I further release AMERICAN STUFF A BEAR, LLC from all liability arising from or relating to the promotion or operation of my AMERICAN STUFF A BEAR, LLC business and my activities related to it.
  14. I 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.
  15. I understand that I may return only new, unused products at the purchase price minus a 20% restocking fee.
  16. I understand that I must submit for approval any advertising that is not issued for corporate which advertises the products or career opportunity of AMERICAN STUFF A BEAR, LLC.
  17. Family Policy. A husband and wife are considered one consultant. A husband and wife may neither sponsor each other or be sponsored by another.
  18. Cross Sponsoring. A consultant may not sponsor or attempt to sponsor any other consultant in any other networking companies. In addition, no consultant may sponsor or attempt to sponsor recruits from another consultants team.
  19. I understand that I am required to hold no inventory.
  20. If any provision of this 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 this agreement will remain in full force and effect.
  21. This agreement will be governed by and construed in accordance with the laws of the State of Alabama, unless the laws of the state in which I reside expressly require the application of its laws to this transaction. All disputes and claims relating to AMERICAN STUFF A BEAR, LLC, the consultant agreement, the compensation plan, or its products and services, the rights and obligations of an independent consult and AMERICAN STUFF A BEAR, LLC, or any other claims or causes of action relating to the performance of either an independent consultant or AMERICAN STUFF A BEAR, LLC under the agreement shall be settled entirely and finally by arbitration in Birmingham, AL in accordance with the American Arbitration Society. If a consultant wishes to bring action against AMERICAN STUFF A BEAR, LLC for any act of omission relating to or rising out of this agreement, such action must be brought within one year from the date of the alleged conduct. Failure to bring action within one year shall bar all claims against AMERICAN STUFF A BEAR, LLC. Each party to the arbitration shall be responsible for their own fees and costs of arbitration including filing and legal fees.
  22. The parties consent to jurisdiction and venue before any federal or state court in Jefferson County, State of Alabama for purposes of enforcing an award by an arbitrator.
AMERICAN STUFF A BEAR, LLC reserves the right to make adjustments as necessary to the rules, policies, procedures, compensation plan, and pricing of its products.