1 Authorization and Contract.
By executing the MOBE Consultant Agreement (“Agreement”), you the “Consultant,” apply to become a MOBE affiliate and enter into contract with MOBE, Ltd., hereinafter “MOBE.” Consultant acknowledges that prior to signing, you have received, read and understood the Compensation Plan, Terms and Conditions, Non-Solicitation Policy, Income Disclosure Policy, and Income Disclosure Document, each of which is incorporated herein by reference, each of which is incorporated into this Agreement and made part of it as if restated in full. Consultant has read and agrees to all terms set forth in this Agreement. MOBE reserves the right to reject any application for any reason.
2 Consultant Fee.
In order to qualify for commissions on any MOBE Products Consultants must maintain the $19.95 per month Consultant Fee. The Consultant fee is paid monthly and may be canceled at any time with a 30 day written notice. The Consultant fee applies to all affiliates who join the program after May 15, 2015.
This is a month-to-month Agreement, which may be terminated according to the terms of this agreement, or as provided in the Terms and Conditions. If Consultant fails to maintain an active MOBE Consultant membership, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Consultant. Upon termination, you shall not be eligible to sell MOBE services nor shall you be eligible to receive royalties, bonuses, or other income resulting from the activities of your former referrals or downline organization. In the event of cancellation or termination, Consultant waives all rights he or she may have had as an Consultant, including but not limited to: property rights to former downline organization, and rights to any bonuses, commissions or other remuneration derived through the sales and other activities of Consultant’s former downline organization. Consultant may cancel this Agreement at any time, and for any reason, upon written notice to MOBE at its principal business address. MOBE may cancel this Agreement for any reason upon 30 days advance written notice to Consultant. MOBE may also take actions short of termination of the Agreement, if Consultant breaches any of its provisions.
4 Independent Contractor Status (for U.S. Affiliates only).
Consultant agrees this relationship does not make Consultant an employee, agent, or legal representative of MOBE or your Sponsoring Consultant. As a self-employed independent contractor, Consultant is operating an independent business, buying and selling services 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, the marketing techniques you employ, as well as any budgets for such. Consultant based in the United States will receive IRS Form 1099-MISC reflecting the amount of income paid during the calendar year. It is Consultant’s sole responsibility to account for such income on the relevant income tax returns.
5 Presenting the Plan.
Consultant agrees when presenting the MOBE Compensation Plan to present it in its entirety as outlined in official MOBE materials, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on referral 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 MOBE. You agree to instruct all prospective Consultants to review the MOBE Income Disclosure Statement and Compensation Plan. Consultant may not use the MOBE name or any MOBE program names in the title of your private groups, products, or otherwise infer that those groups are in any way associated with MOBE or endorsed by MOBE.
6 Selling the Service.
Consultant will not make any representations or claims about any services beyond those shown in official MOBE literature. Consultant may only the sell products, training materials, and services available through MOBE in authorized territories. You agree that you will not make any guarantees, claims or representations regarding income or success. All statements regarding earnings must be made in compliance with the MOBE Income Disclosure Policy.
7 MOBE’s Proprietary Information and Trade Secrets.
Consultant recognizes and agrees that, as further set forth in the Terms and Conditions, information compiled by or maintained by MOBE, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the MOBE business including, without limitation, Consultant lists, sponsorship trees, and all MOBE Consultant information generated, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of MOBE, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your relationship with MOBE, MOBE grants you a limited personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and service developments, and Consultant sales, earnings and other financial reports to facilitate your marketing of MOBE’s products and services. Your limited license allows you to promote MOBE and the products in the MOBE Marketplace but does not allow you to make any additional products, groups, or services that use the MOBE name or any trademarks or terms that are MOBE’s property, Trademarks, or Trade Secrets.
8 Non-Solicitation Agreement.
In accordance with the Terms and Conditions, you agree that while you are a Consultant, and for one calendar year following resignation, non-renewal, or termination of your Consultant relationship with MOBE, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other MOBE Consultant to compete with MOBE. MOBE’s Non-Solicitation Policy may be reviewed here and is incorporated by reference herein.
9 Images / Recordings / Consents.
You agree to permit MOBE 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 MOBE for any lawful purpose, and without compensation.
10 Modification of Terms.
With the exception of the dispute resolution section in the Terms and Conditions, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as needed by MOBE to further MOBE’s business plans.
11 Dispute Resolution through Binding Arbitration.
CONSULTANT AND MOBE EXPRESSLY AGREE THAT ALL ARBITRATIONS WILL BE LIMITED TO INDIVIDUAL, NOT REPRESENTATIVE CLAIMS OR CLASS CLAIMS.
In the event that the parties to this Consultant Agreement dispute the terms, application of the terms of this agreement, or performance hereunder, the parties hereto agree to submit all disputes to binding arbitration governed by the American Arbitration Association and under the Commercial Rules. A single arbitrator will oversee the arbitration. The arbitrator only has authority to award contract damages, and does not have authority to award any punitive, special or consequential damages. Consultant and MOBE agree that all hearings will be held telephonically. Such arbitration will be final and binding on MOBE and Consultant and judgment upon any award rendered may be entered in any court having jurisdiction. Each Party’s Attorneys fees will be paid by the respective party. The parties will pay all costs related to the arbitration equally.
12 Fax copy.
A faxed copy of the Agreement shall be treated as an original in all respects.
13 Time Limitation.
If a Consultant wishes to bring an action against MOBE 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. Consultant waives all claims that any other statutes of limitations apply.
14 Refund Policy.
MOBE offers a thirty (30) day, money back guarantee on certain products. You should review the product or service agreement for your purchase to determine what refund is offered, if any. Mastermind event purchases are non-refundable, and once three business days have passed from the time of the Mastermind event purchase, all sales are final, unless a local regulation requires a longer cancellation period where MOBE will respect local rescission periods. Attendance at any live event also preempts any refund period, so once you have entered a live event all sales are final. All subscription fees are nonrefundable as the benefits of the service are realized immediately upon payment. This includes the Consultant Fee, which is non-refundable. MOBE complies with all local laws and regulations so refunds may be offered for longer periods where necessary.
If any provision of the 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 the Agreement will remain in full force and effect. 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 this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and MOBE, and supersedes any prior agreements, understandings and obligations between you and MOBE concerning the subject matter of your contract with MOBE.
Consultant license rights and downline rights are only transferrable in the event of the death of the Consultant. In such case, a Will or other document stating the Consultant’s wishes should be sent to MOBE in order for MOBE to transfer such rights to the correct party. All of Consultant’s rights to commissions and training materials will transfer to Consultant’s designated beneficiary upon Consultant’s death.