Terms and Conditions

1. I understand that as a Sisel International, LLC (hereafter “Sisel”) Preferred Customer: (a) I have the right to purchase Sisel products and services in accordance with these Terms and Conditions and Sisel’s Policies and Procedures; (b) I will comply with all national and local laws, ordinances, rules and regulations, and licensing requirements, and will file all reports and remit all withholdings or other deductions as may be required; and (c) I will perform my obligations as a Preferred Customer with honesty and integrity.

2. I agree that I will not make any claim that Sisel’s products will diagnose, treat, cure, or prevent any disease, or make any claim about a product that could be construed as a drug or health claim.

3. I agree that as a Preferred Customer, I am an independent contractor. I affirm that I am not an employee, agent, partner, legal representative, or franchisee of Sisel, and I will not be granted any exclusive territory. I am not authorized to, and will not incur any debt, expense, or obligation, on behalf of or in the name of Sisel. I agree that I will be solely responsible for paying all expenses I incur, including but not limited to, travel, food, lodging, office, staff, and other costs and expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF SISEL FOR FEDERAL OR STATE TAX OR EMPLOYMENT PURPOSES. Sisel is not responsible for any form of withholdings, and I shall not be eligible for any commissions, bonuses, or any form of compensation.

4. I affirm that I have carefully read and agree to comply with Sisel’s Policies and Procedures and these Terms and Conditions, which documents are referred to herein as the Agreement (“Agreement”). I understand as a Preferred Customer that I must be in good standing with Sisel to be eligible for special pricing, offers, and other incentives. I understand that the Agreement as defined above may be amended at any time in Sisel’s sole discretion. Changes and amendments shall be effective 30 days after publication, including on Sisel’s website. The continuation of my Sisel Preferred Customer account and other benefits under the Agreement after an amendment shall constitute my affirmative acceptance of such changes or amendments.

5. The term of this Agreement is one year. If my account is inactive for more than one year, or if it is canceled or terminated for any reason, I understand that I will lose all rights as a Preferred Customer. If my Preferred Customer account is not active, I will not be eligible to purchase Sisel products or to receive incentives. Sisel reserves the right to terminate all Distributor/Preferred Customer accounts 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.

6. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of Sisel in each instance. Any attempt to transfer or assign my Preferred Customer account without the express written consent of Sisel renders the assignment voidable at the option of Sisel and may result in termination of my Preferred Customer account.

7. I understand that if I fail to comply with the terms of the Agreement, Sisel may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures, up to and including terminating my account.

8. Sisel, its directors, officers, shareholders, employees, assigns and agents (collectively referred to as “Affiliates”), shall not be liable for, and I release Sisel and its Affiliates from, any and all claims or causes of action, including for consequential and exemplary damages. I further agree to release Sisel and its Affiliates from any and all liability arising from or relating to the promotion of Sisel’s products, and any activities related to it (e.g., the operation of a motor vehicle, the lease of meeting or training facilities, purchase of product, materials, advertising, etc.), and agree to indemnify and hold Sisel harmless from any liability, damages, fines, penalties or other claims, and awards arising from any unauthorized conduct that I undertake with my Preferred Customer account. I agree Sisel is not liable for any damages or losses caused by the delay or inability to manufacture, sell, or deliver product(s) due to strikes, accidents, fire, flood, acts of civil authority, acts of God, or third-parties, or from any other causes that are beyond its control.

9. The Agreement, in its current form and as amended by Sisel at its discretion, constitutes the entire agreement and understanding between Sisel and myself. Any promises, representations, or other communications not expressly set forth in the Agreement are of no force or effect regardless of the individual making such. Only a written agreement signed by both parties may modify the Agreement. Sisel may have the Agreement or portions thereof translated into different languages, however, the Agreement and the relationship between the parties shall be deemed to be conducted in the English language, and the English version of all documents control any discrepancies or inconsistencies that may exist between them.

10. Any waiver by Sisel of any breach of the Agreement, or any modification thereof, must be in writing and signed by an authorized officer of Sisel. Waiver by Sisel of any breach of the Agreement shall not operate or be construed as a waiver of any subsequent breach.

11. 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 while maintaining the intent and purposes if possible, and the balance of the Agreement will remain in full force and effect.

12. This Agreement will be governed by and construed in accordance with the laws of the State of Utah, without regard to principles of conflicts of laws. All disputes and claims relating to Sisel’s Terms and Conditions, Sisel’s Policies and Procedures, its products and services, the rights and obligations of a Preferred Customer, or any other claims or causes of action relating thereto, shall be settled totally and finally by binding arbitration in Provo, Utah, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Claims or disputes arising under Sisel International AG shall be held in Zurich, Switzerland applying the International Chamber of Commerce Arbitration Rules. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to costs and attorney’s fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Sisel may apply for a writ of attachment, an injunction or other equitable relief to protect its interest before or after arbitration. Preferred Customers agree to waive all rights to trial by jury or to any court, and any claim or dispute can only be brought on an individual basis with no right for any claim or dispute to be arbitrated or adjudicated as a class or representative action. The parties irrevocably agree to be bound by the jurisdiction and venue in the State of Utah. Nevertheless, Louisiana residents may bring an action against Sisel with a jurisdiction and venue as provided by Louisiana law

13. If a Preferred Customer wishes to bring an action against Sisel, any such action must be brought within one year from the date of the alleged conduct or omission giving rise to the action. Failure to bring an action within such time shall be barred as untimely and Sisel and the Preferred Customer affirmatively waive all claims that any longer time limitation applies.

14. I authorize Sisel to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for compensation or remuneration for such use. I may withdraw this consent by written notification to Sisel.

15. My signature certifies that I am legally able to enter into this Agreement, that I have reviewed and understand Sisel’s Terms and Conditions, Policies and Procedures, and agree to be bound thereby. A faxed, image or electronically signed copy of the Agreement, shall be deemed as an original in all respects.