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STRATUS HEALTH SOLUTIONS, LLC Independent Member/Associate Agreement
Terms and Conditions
I understand, acknowledge and agree that as a Stratus Health Solutions, LLC (hereafter “Stratus”) Member/Associate:
a. I have the right to secure an online store front and offer for sale Stratus approved products and services in accordance with these Terms and Conditions. b. I have the right to enroll persons in Stratus. c. If qualified, I have the right to earn commissions pursuant to the Stratus Compensation Plan.
I understand, acknowledge and agree to present the Stratus Compensation Plan and Stratus products and services as set forth in official Stratus literature.
I understand, acknowledge and agree that as a Stratus Member/Associate I am an independent contractor, not an employee, partner, legal representative, or franchisee of Stratus. 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. I FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF STRATUS FOR FEDERAL, STATE, INTERNATIONAL OR OTHER LOCAL TAX PURPOSES. I understand, acknowledge and agree that Stratus is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, VAT, consumption or other applicable taxes of any kind.
I have carefully read, understand and agree to comply with the Stratus Policies and Procedures, the Stratus Compensation Plan, all of which are incorporated into and made a part of these Terms and Conditions (these documents shall be collectively referred to as the “Agreement”). All capitalized terms not otherwise defined in these Terms and Conditions, shall have the meanings as set forth elsewhere in the Agreement. In the event of a conflict between any of the documents in the Agreement, the Policies and Procedures shall control.
I understand, acknowledge and agree that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Stratus. I further understand, acknowledge and agree that the Agreement may be amended at any time, and from time to time, at the sole discretion of Stratus, and I agree to abide by all such amendments. Notification of amendments shall be posted on Stratus’s website. Amendments shall become effective thirty (30) days after publication by Stratus. The continuation of my Stratus business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
As an Associate/Member I may cancel the Agreement at any time, and for any reason, upon written notice to Stratus at its principal business address. Stratus may cancel the Agreement for any reason upon thirty (30) days advance written notice to me as a Member/Associate and as outlined in the Policies and Procedures. (Montana Residents ONLY: A Montana resident may cancel the Agreement within fifteen (15) days from the date of enrollment, and may return his or her initial tools for a full refund, excluding shipping costs, within such time.)
I understand, acknowledge and agree that I may not assign any rights or delegate any duties under the Agreement without the prior written consent of Stratus. Any attempt to transfer or assign the Agreement without the express written consent of Stratus renders the Agreement voidable at the sole option of Stratus and may result in termination of my business.
I understand, acknowledge and agree that if I fail to comply with the terms of the Agreement, Stratus may, at the sole option of Stratus, impose upon me disciplinary action 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 continue to offer products for sale through my online store front or receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
I understand, acknowledge and agree that Stratus, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “Affiliates”), shall not be liable for, and I shall fully indemnify and hold Stratus and its Affiliates harmless against any claims, liabilities, losses, damages, judgments, expenses (including without limitation attorneys’ fees and expenses) or disbursements of any kind (“Claims”) that may be imposed on, incurred by, or asserted against Stratus and its Affiliates, that in any way relate to or arise out of my or Stratus’s execution, delivery or performance under the Agreement. Without limiting the generality of the foregoing, I further understand, acknowledge and agree to fully indemnify and hold Stratus and its Affiliates harmless against all liability (including all Claims) arising from or relating to the promotion or operation of my Stratus business and any activities related to it (e.g., the presentation of Stratus approved products or Compensation Plan including earnings representations, the operation of a motor vehicle while performing my Stratus business activities, the lease of meeting or training facilities, etc.).
I understand, acknowledge and agree that the Agreement, in its current form and as amended from time to time, constitutes the entire binding agreement between Stratus and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
If any provision of the Agreement is held to be invalid or unenforceable, only such portion of the provision as is held to be invalid or unenforceable shall be severed from the Agreement and reformed only to the extent necessary to make it enforceable. The remaining balance of the Agreement will remain in full force and effect.
This Agreement shall be governed by the Law of the State of Utah, without regard to its conflicts of law principles.
Dispute resolution, governing law, jurisdiction and venue shall be governed as set forth in the Policies and Procedures. Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
If an Associate wishes to bring an action against Stratus 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 Stratus for such act or omission. Associate hereby waives all rights to claim that any other statutes of limitations apply hereto.
I authorize Stratus to use my name, video, photograph, personal story and/or likeness in advertising or promotional materials and hereby waive all claims for remuneration for such use.
An electronically signed and submitted, faxed or scanned copy of the Agreement shall be treated as an original in all respects.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Stratus and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Stratus believes that customer conduct violates applicable law or is harmful to the interests of Stratus and its subsidiaries.