READ THIS AGREEMENT CAREFULLY. BY CLICKING “I AGREE” BELOW, YOU WILL BE BOUND BY THIS AGREEMENT.
This Agreement explains the relationship between FutureFitOnline.com and you regarding your use of the N.C.C.P.T. website and the marketing of products, services and the membership benefits of participating in the multi-level marketing (MLM) opportunities of this type of business model. If you agree to be bound by the conditions of this Agreement, you must click “I Agree” below.
1. DEFINITIONS. Below are definitions of some of the terms used in this Agreement.
a) Prospect is defined as anyone who is not already a FutureFitOnline.com customer whom you’ve marketed or referred to FutureFitOnline.com, NCCPT.com, NCCPT.info, NCCPT.biz, NCCPT.org, NCCPT.us, NCCPTonline.com, FutureFit.biz, FutureFit.net, FutureFit.org, FutureFitonline.com, ICCPT.biz, ICCPT.info, ICCPT.net, ICCPT.us, ICCPTonline.com or HealthyLifestyles.com.
b) FutureFitOnline.com is a multi-level marketing (MLM) vehicle that provides information, products and services. Membership to FutureFitOnline.com may be purchased on a month to month basis with a three month minimum to start.
c) FutureFitOnline.com is a health and fitness platform designed to provide online Members with the opportunity to earn money by referring other people to the site who become members.
d) FutureFitOnline.com is a health and fitness portal designed to provide health care practitioners and personal trainers online resources for you to help Clients reach their goals.
e) FutureFitOnline.com is a health and fitness network designed to help prospects or clients find health care practitioners and personal trainers.
f) FutureFitOnline.com is a health and fitness network designed to provide health care practitioners and personal trainers online tools to increase profit and run their business.
g) FutureFitOnline.com is a health and fitness network designed to provide health care practitioners and personal trainers the ability to contact and communicate with their patients, clients, prospects and down line.
h) You. Refers to either (a) a personal trainer or (b) a health care practitioner and/or (c) a FutureFitOnline.com member
2. FutureFitonline.com provides:
a) Membership.
FutureFitOnline.com shall provide you with access to FutureFitOnline.com for three months and subsequently to be renewed automatically on a month to month basis as long as you pay all fees on time. Access to FutureFitOnline.com will allow you to earn commissions for the people you refer who purchase products, services or memberships, providing they identify you as the sponsoring member by them entering your personal Reference Membership ID Code. If they do not identify you then there is no commission awarded. There are no retroactive commissions.
b) Reference Membership ID Code.
FutureFitOnline.com shall provide you with a unique Reference Membership ID Code (RMID) promotional code which shall be yours to provide to prospects. When your Prospects decide to purchase a FutureFitOnline.com membership they will be prompted to enter a promotion RMID #. When Prospects enter your promotion code, you will be entitled to revenue share for the duration of this Agreement as explained in Section 4 and 5. FutureFitOnline.com will not be liable for any adjustments of incorrectly entered RMID # codes or for giving credit to you where a promotion code is omitted.
c) Materials. FutureFitOnline.com may provide specific membership categories with electronic versions of promotional materials which you may hand out to your Prospects. The promotional flyer materials explain FutureFitOnline.com and include your unique Reference Membership ID Code. These materials will be made available through FutureFitOnline.com. The materials may not be altered and no other materials, referencing anything pertaining to this agreement may be distributed without FutureFitOnline.com prior written approval.
3. You Agree
a) Payment. FutureFitOnline.com charges a membership fee for the use of FutureFitOnline.com. By registering for a FutureFitOnline.com membership account, you agree to pay FutureFitOnline.com the fee for access to FutureFitOnline.com. The fee will be billed monthly to the credit card you provide. You agree to promptly pay FutureFitOnline.com in the event of any refusal of a credit card issuer to pay any amount for any reason. In the event of a failure to pay any amount when due, FutureFitOnline.com may immediately suspend or terminate this Agreement and rights to any revenues or commissions. You will forfeit all monies due for any members or customers you have referred.
b) Completion of W-4 and W-9. In order to be eligible for the revenue share referenced in Section 4 you agree to provide FutureFitOnline.com with an accurately completed Tax Form W-9 and to keep FutureFitOnline.com informed of any change to the information pertinent to your W-9. If FutureFitOnline.com has not received an accurate W-9 from you, FutureFitOnline.com will not pay you the revenue share as specified in Section 4. Please mail your completed W-9 to the address noted in Section 10 of this Agreement. If we don’t receive the forms then we will not be able to write you a check.
c) Marketing. You agree to market the site by distributing materials referenced in 2(c) to your Prospects and other consumers.
4. Revenue Share.
FutureFitOnline.com agrees to provide you a monthly revenue share of the amount FutureFitOnline.com receives for each sponsored member’s purchase, including monthly membership fees, net of any refunds provided to the Prospect, which includes the initial fee and any renewal fees of a FutureFitOnline.com program membership where a Prospect enters your unique promotion code. The monthly revenue will be paid on the 5th business day at the beginning of each month for the third month preceeding. (We will pay commission in April for the month of January, May for the month of February, etc.) This allows 60 days for the company to receive any refunds or credit card disputes. Commissions are paid on sales only, not shipping costs. The revenue share under this Agreement will only continue while this Agreement is in effect. If this Agreement is terminated for any reason, the revenue share will terminate as well. However, FutureFitOnline.com will be obligated to pay any revenue share accrued prior to the termination date of this Agreement. Payments will be made to you after 60 days have passed from the last sale.
5. TERM.
The term of this Agreement shall commence on the date you click “I Agree” and shall run three months from that date (“Initial Term”). After the Initial Term, the term of the Agreement shall automatically renew month to month so long as all payments are made on time. Upon termination of this Agreement for any reason, the revenue share referenced in Section 4 shall terminate. However, FutureFitOnline.com will be obligated to pay any revenue share accrued prior to the termination date of this Agreement.
6. TERMINATION.
FutureFitOnline.com has the right, at any time, to immediately terminate, deactivate or delete a password, user account, all related information and files and/or access to all or part of FutureFitOnline.com, without any notice or incurrence of liability. This termination may occur for any reason, including, but not limited to a failure to make a payment or a failure to abide by any other terms of this Agreement or the Terms and Conditions of usage. You have the right to terminate this contract, at any time, by notifying FutureFitOnline.com of the intent to terminate. You must give FutureFitOnline.com a 30-day notice prior to your billing date. Termination notices must be in writing and may not be done on the phone.
7. INDEPENDENT CONTRACTORS.
No provisions of this Agreement are intended to create, nor shall be construed to create, any relationship between the parties other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. None of the parties’, agents, employees and/or representatives shall be construed to be the agent, employee and/or representative of another party.
8. INDEMNIFICATION.
You hereby agree to defend, indemnify, and hold harmless FutureFitOnline.com and its affiliates, employees, officers, directors, agents, and licensors from and against any and all claims, liabilities, costs and expenses, including reasonable attorney fees, arising from, or related to, your negligent use of FutureFitOnline.com or any of the content on either web site.
9. ASSIGNMENT.
FutureFitOnline.com may assign this Agreement, or any of its rights or obligations under this Agreement, to any third party, without your prior consent. This Agreement will inure to the benefit of FutureFitOnline.com’ successors, assigns and licensees.
You may not assign your membership revenues or benefits to anyone else.
10. NOTICES.
All notices required or permitted by this Agreement shall be in writing and be delivered in person or may be sent by registered or certified mail to the following address:
FutureFitOnline.com
161 North Reino Road
Newbury Park, Ca. 91320
11. GOVERNING LAW.
This Agreement shall be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of law principles. You hereby agree that the courts located in the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of, or in connection with, this Agreement and you hereby consent to personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
12. WAIVER.
Any waiver of any provision of the Agreement will be effective only if in writing and signed by FutureFitOnline.com. The failure of FutureFitOnline.com to insist upon or enforce the strict performance of the terms of this Agreement, or to exercise any right under this Agreement, will not be considered as a waiver of the right to assert or rely upon any such provision or right in that or any other instance.
13. MODIFICATION.
FutureFitOnline.com retains the right to modify this Agreement at any time, without prior notice.
14. SEVERABILITY.
If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.