Independent Brand Partner (IBP) Agreement
1. Authorization and Contract
By executing the Affiliate Agreement (“Agreement”), you apply for legal authorization to become a iEvolution Independent Brand Partner and enter into contract with iEvolution Pro, LLC., hereinafter “iEvolution.” You acknowledge that prior to signing and/or electronic signing you have received, read and understood the iEvolution Income Disclosure Statement, that you have read and understood the iEvolution Policies and Procedures and the IBP Code of Honor and Ethics, which are incorporated into this Agreement and made part of it as if restated in full, as posted on iEvolutionpro.com, and that you have read and agree to all terms set forth in this Agreement. iEvolution reserves the right to reject any application for any reason within thirty (30) days of receipt.
2. Expiration, Renewal, and Termination
The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If your iEvolution business is Inactive for six months, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as an IBP. You shall not be eligible to sell iEvolution products and services nor shall you be eligible to receive commissions, bonuses, or other income resulting from the activities of your former downline sales organization. In the event of cancellation, termination or become Inactive for six months, you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. iEvolution reserves the right to terminate all IBP Agreements upon thirty(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. Affiliate may cancel this Agreement at any time, and for any reason, upon written notice to iEvoluition at its principal business address. iEvolution may cancel this Agreement for any reason upon written notice to IBP. iEvolution may also take actions short of termination of the Agreement, if an IBP breaches any of its provisions.
3. Independent Contractor Status
You agree this authorization does not make you an employee, agent, or legal representative of iEvolution or your Sponsoring Affiliate. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products available through iEvolution 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. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. By agreeing to these terms, you agree to receive the 1099-MISC form via electronically or by mail. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Refunds and Product Returns
You agree that if you resell product directly to a customer, you will adhere to iEvolution 100% satisfaction guarantee policy and shall provide the customer a full refund of all monies paid if the customer returns the product unopened to you within thirty (30) days of the sales transaction. If you fail to refund money to a customer or fail to deliver a customer’s order you are subject to an automatic suspension and/or account termination. If you as an IBP are not 100% satisfied with our products, you may return the items for a refund if: (i) neither you nor we have terminated the Agreement; (ii) the products were purchased within twelve months; and (iii) the products remain in resalable condition (as defined in the Policies and Procedures). The refund shall be 90% of the purchase price. Shipping and handling charges incurred will not be refunded.
5. Presenting the Plan
You agree when presenting the iEvolution Rewards Plan to present it in its entirety as outlined in official iEvolution materials, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on downline 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 iEvolution. You agree to instruct all prospective IBPs to review the iEvolution Income Disclosure Statement prior to the execution of the IBP Agreement.
6. Selling Product
You agree to make no representations or claims about any products beyond those shown on product labels, official iEvolution literature and/or the iEvolution corporate website. No Affiliate may make any claim that iEvolution products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only do such claims violate iEvolution policies, but they potentially violate federal and state laws and regulations. You further agree to sell products available through iEvolution only in authorized territories as listed on the iEvolution website.
7. iEvolution’s Proprietary Information and Trade Secrets
You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by iEvolution, 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 iEvolution business including, without limitation, IBP lists, sponsorship trees, and all an Affiliate information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of iEvolution, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with iEvolution, iEvolution grants you a 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 product developments, and IBP sales, earnings and other financial reports to facilitate your iEvolution business.
8. Non-Solicitation Agreement
In accordance with the Policies and Procedures, you agree that during the period while you are an IBP, and for one (1) calendar year following resignation, Inactive account termination status, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other an IBP to compete with the business of iEvolution.
9. Images / Recordings / Consents
You agree to permit iEvolution 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 iEvolution for any lawful purpose, and without compensation.
10. Modification of Terms
With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in the Policies and Procedures.
11. Jurisdiction and Governing Law
The formation, construction, interpretation, and enforceability of your contract with iEvolution as set forth in this IBP Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of California without regard to conflict of law provisions. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against iEvolution Worldwide with jurisdiction and venue as provided by Louisiana law.
12. Dispute Resolution
All disputes and claims relating to iEvolution, its products and services, the rights and obligations of an IBP and iEvolution, or any other claims or causes of action relating to the performance of either an IBP or iEvolution under the Agreement or the iEvolution Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in El Monte, California, or such other location as iEvolution prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. Additionally, you agree not to initiate or participate in any class action proceeding against iEvolution Pro, LLC, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent iEvolution from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
13. Time Limitation
If an IBP wishes to bring an action against iEvolution 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. IBP waives all claims that any other statutes of limitations apply.
14. Miscellaneous
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 iEvolution and supersedes any prior agreements, understandings and obligations between you and iEvolution concerning the subject matter of your contract with iEvolution.
15. Notice of Right to Cancel
You may request a refund on your initial product purchase if it’s done within seven (7) business days from the date of enrollment. If you cancel, your initial product purchase will be refunded within TEN (10) BUSINESS DAYS following receipt by the Production Distribution Center that the purchase was returned and received unopened and in resalable condition. To cancel this transaction, mail or deliver written notice, to iEvolution Pro, LLC., 30 N Gould St, Ste R Sheridan, WY 82801 not later than midnight of the seventh business day following the date of this Agreement.
16. Chargebacks Policy
Responsibility for Chargebacks:
Chargebacks resulting from iEvolution product transactions will be allocated to the relevant Sponsor's account. In case the Sponsor is inactive or does not have sufficient funds to cover the chargeback, the amount owed will be charged to the next-level Sponsor, and so on until the debt is settled in full.
Example: If John1234 sponsors Mari1234, and Mari1234 generates a chargeback of $120, this amount will initially be charged to John1234's account. In the event that John1234 does not have sufficient funds to cover the full amount, any available balance will be used, and the outstanding balance will be transferred to John1234's Sponsor. This process will continue until the debt is satisfied in full.
Suspension for Chargebacks:
Accounts Suspended for Chargebacks: Accounts that accumulate more than three (3) chargebacks in their history will be suspended immediately. For example, if Alberto1234 introduces Juan, Maria, and Pedro, and all three perform chargebacks, Alberto1234's account will be suspended.
17. Restriction of Sales in 3rd Party Stores
Exclusive Sales Policy:
iEvolution strictly prohibits the sale of its products through 3rd Party Stores, such as Amazon, eBay, Shopify, Mercado Libre, and the like. Independent Brand Partners are only allowed to sell iEvolution products through their authorized affiliate links.
Suspension for Unauthorized Sales:
In the event that unauthorized sales of iEvolution products are detected in 3rd Party Stores or in any other manner that violates this policy, the account of the responsible Independent Brand Partner will be suspended.
18. Submission of Electronic W-9
Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2), I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.