1. I understand that as a NuVi Global Representative:
    • I have the right to offer for sale NuVi Global products and services in accordance with these Terms and Conditions.
    • I have the right to enroll persons in NuVi Global.
    • If qualified, I have the right to earn commissions pursuant to the NuVi Global Compensation Plan.
  1. I agree to present the NuVi Global Marketing and Compensation Plan and NuVi Global products and services as set forth in official NuVi Global literature.
  1. I agree that as a NuVi Global Representative I am an independent contractor, and not an employee, partner, legal representative, or franchisee of NuVi Global.  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.  I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF NUVI GLOBAL FOR FEDERAL OR STATE TAX PURPOSES. NuVi Global is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
  1. I have carefully read and agree to comply with the NuVi Global Policies and Procedures and the NuVi Global Marketing and Compensation Plan, both of which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the “Agreement”).  In the event of a conflict between these Terms and Conditions and the Policies and Procedures, the Policies and Procedures will control.  If I have not yet reviewed the Policies and Procedures and/or Compensation Plan at the time I sign this Agreement, I understand that they are posted at NuViGlobalLife.com, in my NuVi Global starter kit, and in my NuVi Global Back Office.  I will review the Policies and Procedures and Compensation Plan within five days from the date on which I sign this Agreement.   If I do not agree to the Policies and Procedures or Compensation Plan, my sole recourse is to notify the company and cancel my NuVi Global Agreement.  Failure to cancel constitutes my acceptance of the Policies and Procedures and Compensation Plan. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from NuVi Global.  I understand that the Agreement may be amended at the sole discretion of NuVi Global, and I agree to abide by all such amendments.  Notification of amendments shall be posted on NuVi Global’s website or in my NuVi Global Back Office.   Amendments shall become effective 30 days after publication, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment.  The continuation of my NuVi Global business or my acceptance of bonuses or commissions after the effective date of any amendment shall constitute my acceptance of any and all amendments.
  1. The term of this agreement is one year (subject to prior cancellation pursuant to the Policies and Procedures).  If I fail to annually renew my NuVi Global business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Representative.  I shall not be eligible to sell NuVi Global products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization.  In the event of cancellation, termination, or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. NuVi Global reserves the right to terminate all Representative Agreements upon 30 days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels.  Representative may cancel this Agreement at any time, and for any reason, upon written notice to NuVi Global at its principal business address.
  1. I may not assign any rights under the Agreement without the prior written consent of NuVi Global.  Any attempt to transfer or assign the Agreement without the express written consent of NuVi Global renders the Agreement voidable at the option of NuVi Global and may result in termination of my business.
  1. I understand that if I fail to comply with the terms of the Agreement, NuVi Global may, at its discretion, impose upon me disciplinary sanctions 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 receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.  I agree that NuVi Global may deduct, withhold, set-off, or charge to any form of payment I have previously authorized, any amounts I owe or am indebted to NuVi Global.
  1. NuVi Global, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release and hold harmless NuVi Global and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement.  I further agree to release and hold harmless NuVi Global and its affiliates from all liability arising from or relating to the promotion or operation of my NuVi Global business and any activities related to it (e.g., the presentation of NuVi Global products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify NuVi Global for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
  1. The Agreement, in its current form and as amended by NuVi Global at its discretion, constitutes the entire contract between NuVi Global and myself.  Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
  1. Any waiver by NuVi Global of any breach of the Agreement must be in writing and signed by an authorized officer of NuVi Global.  Waiver by NuVi Global of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
  1. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable.  The balance of the Agreement shall remain in full force and effect.
  1. This Agreement will be governed by and construed in accordance with the laws of the State in which the Representative resided at the time at which the alleged cause or causes of action first arose without regard to principles of conflicts of laws.  In the event of a dispute between a Representative and NuVi Global arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures.  NuVi Global shall not be obligated to engage in mediation or arbitration as a prerequisite to disciplinary action against a Representative.  If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures.
  1. Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or Representative lists as well as other trade secrets, trademarks, trade names, patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award.  In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the U.S. District Court for the Central District of California, or state court residing San Bernadino County, State of California.
  1. Louisiana Residents:  Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
  1. Except as provided herein, refunds will be issued as provided in the Policies and Procedures and in the Notice of Right to Cancel below.
  1. A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address.
  1. If a Representative wishes to bring an action against NuVi Global 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, or the shortest time permissible under state law.  Failure to bring such action within such time shall bar all claims against NuVi Global for such act or omission.  Representative waives all claims that any other statute of limitations applies.
  1. Liquidated Damages. In any case which arises from or relates to the termination of Representative’s Agreement and independent business, the parties agree that damages will be very difficult to ascertain.  Therefore, the parties stipulate that if a Representative’s termination is proven and held to be wrongful under any theory of law, Representative’s sole remedy shall be liquidated damages calculated as follows:
    • For Representatives at the rank Qualified Associate, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to NuVi Global’s Compensation Plan in the twelve (12) months immediately preceding the termination. 
    • For Representatives at the rank Amber, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to NuVi Global’s Compensation Plan in the eighteen (18) months immediately preceding the termination. 
    • For Representatives at the ranks of Sapphire through Diamond, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to NuVi Global’s Compensation Plan in the twenty-four (24) months immediately preceding the termination. 

Gross compensation shall include commissions and bonuses earned by the Representative pursuant to NuVi Global’s Compensation Plan as well as retail profits earned by Representative for the sale of NuVi Global merchandise.  However, retail profits must be substantiated by providing the Company with true and accurate copies of fully and properly completed retail receipts provided by Representative to Customers at the time of the sale.

  1. I authorize NuVi Global to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.