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Independent Representative Application Agreement


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International Sports Sciences Association (ISSA)
400 East Gutierrez St. Santa Barbara Ca. 93101

Independent Representative Application Agreement


I hereby apply to become a Representative of the ISSA.
As a Representative of the ISSA, I understand and agree to the following:

I hereby apply to become an Independent Representative of ISSA. As an Independent Representative of ISSA, I understand and agree to the following:

  1. I am of legal age to enter into mutually binding contracts under the law of the
    State of residency.

  2. My relationship with ISSA (relationship herein after referred to as Representative shall be governed by the Representative Application, this Independent Representative Agreement, ISSA's Policies and Procedures and Compensation Plan (all of which are collectively referred to as the "Agreement" and all of which are hereby incorporated herein). I have an adequate opportunity to review, discuss and understand these documents.

  3. ISSA shall have the right from time to time to make modifications to the agreement solely at ISSA's discretion. Such modifications shall take effect upon publication by ISSA or at such later date, if any as ISSA may specify in its discretion. In the event of a conflict, the most recently published Policies and Provisions shall prevail.

  4. A participant in this marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to ISSA at its principal business address.

  5. I will use my active and best efforts to conduct my independent business as an Independent Representative, in an ethical and professional manner reflecting positively on the ISSA. I understand that ISSA's nutritional supplements are not represented as having any medicinal value, and agree to make no drug claims or represent them to treat or cure any disease or condition. I agree to indemnify and hold ISSA harmless, including its officers, employees or agents, against any claims, liability, obligations, expenses, including attorney's fees or damages arising out of any representations made by me in connection with any of ISSA's nutritional supplement.

  6. I will honestly and fairly promote and sell ISSA's products and promote ISSA's business. I will not make any representations about products except for such representations, if any which are expressly authorized in current materials published by ISSA.

  7. Any statements or activities, which damage or expose ISSA or its Representatives to liability or loss of reputation or good will or which violate the Agreement or application law, shall constitute grounds for termination of any Representative status for cause in addition to whatever other remedy is available to ISSA under the circumstances. If my Representative status is not in good standing or is suspended, I will not be entitled to compensation or to transfer my Representative status while such standing continues.

  8. Not all Representatives earn income as a result of their efforts and activities. No one can be guaranteed success as a Representative. Representative's are not promised or guaranteed any specific amount of earnings. No representations what so ever (with respect to earning potential or otherwise) have been made to me by ISSA or anyone else.

  9. I will abide by ISSA's published retail customers refund policies as set forth in ISSA publications and any sales tax practices adopted by ISSA. ISSA has a 30 day unconditional 100% money-back guarantee policy for all retail customers. The ISSA will promptly replace or refund any products to customer upon receipt of returned product including the retail customer's name, address and telephone number. Refunds for Representatives are detailed in the ISSA Policy and Procedures booklet.

  10. ISSA does not require its Representatives to maintain an inventory of ISSA products. All products sold by ISSA Representatives will be drop-shipped from ISSA or the product manufacturer directly.

  11. I shall be an independent contractor doing business with ISSA. All ISSA Representatives are independent business people who set their own goals, hours and work schedule and are responsible for their own personal efforts. No employment, franchise, agency, partnership, or joint venture relationship between ISSA and myself shall come into being. I shall not take a position contrary to the foregoing. Without limiting the generality of the foregoing, I

    1. Will not be an employee of ISSA for Federal tax purposes or for any other Federal, State or Local tax or non-tax purposes whatever (including, but not limited to, income, social security, unemployment insurance or compensation, worker's compensation, or any other matter in which legal characterization as an "employee" is relevant).

    2. Will have no legal right or authority to incur any compensation debts, contracts, obligations, or liabilities on behalf of ISSA.

    3. Shall be solely responsible for filling all necessary federal, state and local tax information returns and paying all applicable taxes, premiums, licenses, fees and other charges attributable to my activities and sales.

    4. Will be responsible for any liability, health, disability and workers' compensation insurance related to my activities or status as an ISSA Representative.

    5. Will abide by any and all federal, state, country and local laws, rules and will prepare and file all reports and obtain all licenses as are required by law or applicable authority relating to or arising from this Agreement and/or my activities as an ISSA Representative.

    6. Will operate my business as a Representative only in the United States and such other countries as ISSA may from time to time authorize in writing, in its discretion: and

    7. Will indemnify and hold harmless ISSA, its management and employees with respect to any act or omission by me in violation of the Agreement or applicable law.
  12. ISSA may restrict or prohibit the production, distribution, sale or use of "sales aids" (as defined by ISSA) other than those produced, distributed or authorized by ISSA in writing.

  13. The term of my Representative status shall begin upon acceptance of the Application Agreement by ISSA (Agreement is deemed accepted by ISSA upon shipment of the Representative Starter Kit) and, subject to earlier termination by me or by ISSA, shall expire on the anniversary date of this agreement or such earlier or later date as ISSA may, in its discretion, specify in writing from time to time. I must agree to renew this Agreement annually if I wish to continue to be a Representative and if ISSA agrees to the same, each in its sole and absolute discretion.

  14. I understand and agree that the ISSA has the right to make changes in the Compensation plan, product, prices, Rules and Regulations, ISSA Literature, etc. without written notice in order to maintain a viable marketing system and to comply with all applicable laws. I understand that I must meet all current and future qualifications to remain an active Representative and continue receiving commissions and/or bonuses from the ISSA Compensation Plan.

  15. My Representative status, including all rights to compensation under the Compensation Plan or otherwise for sales or events after termination, may be terminated by ISSA upon ISSA's determination that I have breached the Agreement, engaged in any unfair or deceptive trade practice ( including, but not limited to, those relating to recruiting activities or sales of products) or violated applicable law.

  16. I will not use ISSA's materials or its trade names, trademarks, service marks, slogans, logos, symbols, or color schemes except as expressly permitted in writing by ISSA.

  17. Because of the personal nature of this Agreement, I agree that my rights and duties hereunder may not be transferred or otherwise assigned or delegated by me, voluntarily or involuntarily, (a) while my Representative status is not in good standing (as otherwise assigned or delegated by me, voluntarily or involuntarily, (a) while my Representative status is not in good standing (as in when it is in suspension or under investigation by ISSA, or (b) without the prior written consent of ISSA, to be given or withheld and subject to such terms and conditions as ISSA may determine in its sole and absolute discretion.

  18. This Agreement constitutes the complete and exclusive agreement between ISSA and me. The terms and provisions of the Agreement and any dispute arising hereunder shall be governed by the laws of the State of California without giving effect to the choice if law rules of such State. If any provision of the Agreement is held to be illegal unenforceable or invalid in whole or in part, the validity and enforceability of the remaining provisions shall not be affected unless an essential purpose of the Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

  19. ISSA and I, as applicant and as a Representative, agree that the laws of California apply to this agreement, and the jurisdiction and venue for any cause of action rests exclusively with the State and Federal Courts in Santa Barbara County, California. Louisiana residents may choose jurisdiction and venue in New Orleans, Louisiana.

  20. This Agreement and the resultant relationships between ISSA and the Representative, shall not come into force until and unless it is accepted by ISSA at its corporate headquarters located in Santa Barbara County, California.