Independent VIÁGO Direct Ambassador Agreement Terms and Conditions
(Effective December 1, 2024)
Initial Ambassador Registration Fee: $49.00 for initial one-year term
Fee Schedule for Ambassador Registration and Renewal
Applicable Markets:
- Not For Resale (NFR) covering the following regions: Africa (AF), Colombia (CO), Mexico (MX), Bahrain (BH), Belize (BZ), India, Jamaica, Hong Kong (HK)
- United States (US), Canada (CA), European Union (EU), Japan (JP), Indonesia (IN), Philippines (PH), Singapore (SG)
Fees:
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Ambassador Registration Fee:
- For NFR markets as specified: $29.00 USD
- For US/CA/EU/JP/IN/PH/SG markets: $49.00 USD
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Ambassador Renewal Fee:
- For NFR markets as specified: $49.00 USD
- For US/CA/EU/JP/IN/PH/SG markets: $99.00 USD
These charges are subject to the company’s terms and conditions and may be updated in accordance with regulatory requirements and company policy.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. ONCE YOUR APPLICATION IS SUBMITTED AND ACCEPTED SEACRET DIRECT LLC, DBA VIÁGO, FURTHER REFERENCED AS "VIÁGO", AN AGREEMENT IS CREATED BETWEEN YOU AND THE COMPANY. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
DISPUTE RESOLUTION AND ARBITRATION TERMS ARE SET OUT IN SECTION 22 BELOW (the “DISPUTE RESOLUTION PROVISIONS”). PLEASE READ THE DISPUTE RESOLUTION PROVISIONS CAREFULLY. ACCORDINGLY, YOU UNDERSTAND AND AGREE AS FOLLOWS:
- I understand that, to be eligible to become an Independent VIÁGO Direct Ambassador (“VIÁGO Ambassador” or “Ambassador”), I must: (a) be legally competent and of legal age (at least 18 years old or age of majority) to enter into a binding contract in the jurisdiction in which I reside; (b) be a citizen or taxpaying resident of a country in which VIÁGO Direct, LLC, an Arizona limited liability company (“VIÁGO”), officially promotes the opportunity to earn income through the VIÁGO Compensation Plan (“Compensation Plan”); (c) have read and understand the VIÁGO Independent Ambassador Agreement (“Ambassador Agreement” or “Agreement”), which is comprised of these Terms and Conditions, the VIÁGO Policies and Procedures (including all supplements and guidance documents thereto) (“Policies” or “Policy”), the Compensation Plan, the VIÁGO Income Disclosure Statement (“Earnings Disclosure”, or “IDS”), any Entity Agreement for Ambassadors, and any renewal form(s); (d) complete all training materials and/or programs as may be required by VIÁGO; (e) pay an Initial Ambassador Registration Fee, as applicable; (f) provide a valid tax identification number to VIÁGO if requested; and (g) not currently hold or have previously held any interest in any VIÁGO position (directly or indirectly through a family member, business entity or otherwise) within the six (6) month period immediately prior to submitting an Ambassador Agreement application. By submitting my Ambassador application, I agree that I want to become an Ambassador so that I can market goods and services offered by or through VIÁGO (as used in these Terms and Conditions, the “VIÁGO Products”) and participate in the VIÁGO Compensation Plan, and I further agree that I accept, will comply with, and be bound by, the terms and conditions contained in the Ambassador Agreement.
Click here for the VIÁGO Policies & Procedures
- I acknowledge and agree that the Ambassador Agreement will become a binding agreement upon myself and VIÁGO, only upon acceptance by VIÁGO of my completed Ambassador application, and that VIÁGO will notify me of such acceptance via electronic communication to the address, number, or other similar personal contact method I submit with my application. I understand that VIÁGO has the right to accept or reject my Ambassador application in its sole discretion. For purposes of the Ambassador Agreement, VIÁGO and its parents, subsidiaries, and affiliates may be referred to collectively as the “VIÁGO Companies” or each individually as a “VIÁGO Company.” Capitalized terms in the Glossary section of the VIÁGO Policies & Procedures and is not affiliated with nor subject to any liability, policies, or obligations, agreements, either explicit or implied, from any other company, past or present, including Seacret, Seacret Direct, any other company that has been merged or acquired, or its subsidiaries and affiliates, with which VIÁGO customers, independent representatives, distributors or members may have been associated, affiliated or engaged as any of these relationship types.
- I understand that there is no requirement to become an Ambassador beyond my entering into the Ambassador Agreement and paying the initial Ambassador Registration Fee. No other purchase of sales aids, training materials, VIÁGO Products, VIÁGO Business Tools (as hereinafter defined) or other services is required to become an Ambassador and any purchase by me is strictly voluntary. I understand that earnings as an Ambassador, including commissions, bonuses, rewards, or other compensation earned pursuant to the VIÁGO Compensation Plan (collectively "Compensation”) and advancement to high qualification levels thereunder are based solely upon the successful sale of VIÁGO Products to customers, and those customers usage of any payment for such VIÁGO Products, and that I am not personally obligated to purchase any VIÁGO Products.
- I understand that no Compensation is earned for the promotion of the VIÁGO Opportunity or the sponsorship of new Ambassadors. If I choose to sponsor others to become Ambassadors and participate in the VIÁGO Compensation Plan, I will not receive any Compensation whatsoever for the act of sponsoring or recruiting such Ambassadors; rather, I will be compensated based upon the activities of other Ambassadors only to the extent that such Ambassadors’ sales of VIÁGO Products to members, and those members’ payment for such VIÁGO Products as they contribute to potential earnings within the VIÁGO Compensation Plan.
- I hereby represent that the information submitted with my Ambassador application is complete, true and correct, includes valid and accurate contact information, and that (i) my primary residence is in the state, country, and/or jurisdiction indicated on my Ambassador Agreement application, and (iii) I have legal authority to conduct business and earn income in the state, country, and/or jurisdiction indicated on my Ambassador Agreement application. I agree to promptly notify VIÁGO of any changes to the information submitted by me. If I am entering this Agreement on behalf of a corporation, limited liability company, partnership, trust or other entity, I represent that I have the authority to enter into such agreements for the entity, but I nonetheless agree that in addition to such entity, I will be personally responsible for the performance of all the duties and obligations described in this Agreement.
- This Agreement shall become effective upon the acceptance hereof by VIÁGO and shall continue for an initial term of one (1) year unless sooner terminated as permitted under this Agreement. Upon the expiration of the initial term, my relationship with VIÁGO may be extended for additional one-year periods (each, a “Renewal Term”) by my (i) entering into the then-current Independent VIÁGO Ambassador Renewal Agreement, (ii) payment of VIÁGO’s annual Renewal Fee on or before each Renewal Date or prior to the expiration of any grace period permitted by VIÁGO, as applicable and as provided for in the VIÁGO Policies , and (iii) compliance with all other relevant terms of the VIÁGO Policies related to my renewal. I acknowledge and understand that my payment of the Initial Registration Fee and the Renewal(s) (if applicable) are in consideration of a variety of services provided by VIÁGO including, but not limited to, a replicated site, training materials, and back office support. I understand that VIÁGO may from time to time modify the Renewal Fee upon written notice to me delivered via electronic communication and such modified Renewal Fee will apply immediately and will be due on my next Renewal Date. I understand that if I do not annually renew my relationship with VIÁGO within the periods specified in the VIÁGO Policies , my Ambassador Business Account will be deactivated, this Agreement will terminate, and I will forfeit all rights under this Agreement, including without limitation the right to receive further Compensation. Notwithstanding the foregoing, the provisions of this Agreement, which by their nature are intended to survive termination of this Agreement shall so survive, including without limitation the Dispute Resolution Provisions (as hereinafter defined), all restrictive covenants, and all provisions related to indemnification, and confidentiality, data protection.
- I agree to timely pay for any products, materials or services, VIÁGO Business Tools or other items that I choose to purchase from VIÁGO Direct or any VIÁGO Company.
- I agree that, as an Ambassador, I am an independent contractor for all purposes under applicable federal, state, and local statutes, rules, regulations, directives, ordinances, guidance and other laws (collectively, “Applicable Law”), including without limitation the Internal Revenue Code, and all state tax, and employment-related laws and regulations that may apply in the jurisdiction in which I am enrolled as an Ambassador. As an independent contractor, I am not an employee, partner, Ambassador, franchisee, or legal representative of any VIÁGO Company or of any carrier, supplier, service provider, or other party with whom any VIÁGO Company transacts or contracts business, and I am prohibited from presenting or holding myself out as such. I understand that, as an Ambassador, I am responsible for my own business and I am free to select my own means, methods, and manner of operation, and free to choose the hours and location of my activities performed as an Ambassador, subject to the terms and conditions of this Agreement and Applicable Law, If I employ individuals to perform services for my independent business, I understand that I am responsible for their acts and omissions and for ensuring their compliance with this Agreement and Applicable Law. I understand that I am solely responsible for remitting taxes, making any reports, and obtaining any licenses, permits, authorizations, or insurance required to conduct my business in compliance with this Agreement and Applicable Law. I shall have no power or authority to bind any VIÁGO Company in any way, directly or indirectly, and I will not take any action inconsistent with this limit of authority. I acknowledge that as an independent contractor I am not entitled to holidays, vacations, disability, insurance, pensions, or retirement plans, or any other benefits offered or provided by any VIÁGO Company to its employees. I acknowledge and agree that I will not be treated as, nor represent myself or anyone I engage in my independent business, as an employee of any VIÁGO Company for any purpose, including for purposes arising under Applicable Law.
- I acknowledge and understand that I may terminate this Agreement for any reason, at any time, by giving VIÁGO written notice as prescribed in the VIÁGO Policies & Procedures. I further acknowledge and understand that VIÁGO may terminate this Agreement pursuant to the VIÁGO Policies & Procedures or by giving written notice to me in the event that I breach any part of this Agreement.
- I acknowledge that, as an Ambassador, I am not guaranteed any income, nor am I assured any profits or success, and I certify that no claims of guaranteed profits or representations of expected earnings that might result from my efforts as an Ambassador have been made to me by any VIÁGO Company or another other Ambassador. Similarly, I shall not represent, directly or indirectly, that any person may, can, or will earn any stated amount or that any Ambassador is guaranteed any level of success.
- I understand that the VIÁGO Products are offered in different markets on terms and rates determined by the VIÁGO Companies, and that the markets where the VIÁGO Products are offered and the terms, conditions or prices applicable thereto may change from time to time without notice.
- I understand that VIÁGO may charge a fee to process all Compensation. In addition, I acknowledge and agree that any payments issued to me by VIÁGO that remain unclaimed for six (6) months after the issuance date (“Unclaimed Funds”) shall be held by VIÁGO in an account, and that VIÁGO will assess an account maintenance fee of $10 per month (the “Account Maintenance Fee”) until such time as I have claimed all such Unclaimed Funds held by VIÁGO. I acknowledge and understand that VIÁGO shall deduct the Account Maintenance Fee monthly from the Unclaimed Funds and if there are insufficient Unclaimed Funds held by VIÁGO from which to deduct the Account Maintenance Fee when due, and I do not otherwise pay the Account Maintenance Fee, then the Account Maintenance Fee shall be prorated to reflect the amount of Unclaimed Funds then remaining, and the account shall remain open for an equally prorated amount of time. When no Unclaimed Funds are owed to me by VIÁGO, the account shall be closed. I further acknowledge that any Unclaimed Funds may be subject to applicable escheat laws that may require VIÁGO to deliver all or some portion of Unclaimed Funds to the applicable state or its government authorities.
- I agree to keep accurate records regarding my activities as an Ambassador and, in the process of marketing and promoting the VIÁGO Products, I will act in a manner consistent with the Policies & Procedures. I further agree that I shall not engage in or perform any misleading, deceptive or unethical practices, or make any false or misleading statements, regarding the VIÁGO Products, the VIÁGO Companies, the VIÁGO Opportunity, or other VIÁGO Ambassadors.
- I agree to abide by Applicable Law governing the marketing, sale, or solicitation of the VIÁGO Products, including without limitation all applicable anti-spam legislation, and I understand that I will be personally liable for any fines or other expenses incurred by and VIÁGO Company, as a result of my failure to do so.
- I understand that during any VIÁGO investigation into a potential violation of this Agreement, my Ambassador Business Account may be suspended and any Compensation, which may be otherwise owing to me, may be held by VIÁGO until final resolution has been achieved. I acknowledge that in the event VIÁGO determines that I have violated this Agreement, then VIÁGO may, at its option, terminate this Agreement and deactivate my Ambassador Business Account, in which event I will not be entitled to any Compensation of any kind.
- VIÁGO may periodically make available various training and marketing materials, applications, technology, reports or other physical or virtual items for use in connection with my Ambassador Business Account. I acknowledge and understand that I am under no obligation to purchase any VIÁGO Products, or Business Tools or other VIÁGO-produced materials or services, at any time, but that I will have the option to purchase any materials or services, which I may choose. If I do elect to purchase from VIÁGO any VIÁGO Business Tools or other VIÁGO-produced materials, (excluding any VIÁGO Products purchased by me as a member rather than in any capacity as an Ambassador), Ambassadors may return any unopened or unused product within the first thirty (30) days from the date of delivery for a 100% refund (less shipping and handling and 10% restocking fee) and sales tax on the credit card used to make the purchase. If the products returned have been used (for example, for demos), a 50% refund within the first thirty (30) days from the date of delivery will be provided (less shipping and handling). I understand that I will be responsible for the cost of shipping any such items back to VIÁGO. As an Ambassador of VIÁGO, I acknowledge and understand that I may not create a customer account and that all product purchases will be done through my Ambassador account in accordance with the VIÁGO Policies and Procedures.
- I agree that, as an Ambassador, I shall place primary emphasis upon the sale of VIÁGO Products to customers, and I acknowledge that I have the right to refer as many personal customers as I wish. I understand that during the term of this Agreement I will be eligible to earn Compensation from my personal customers’ payments for VIÁGO Products, and from payments for VIÁGO Products made by the personal customers of Ambassadors in my network of Ambassadors, or Downline, subject to and in accordance with the then-current VIÁGO Compensation Plan. I acknowledge and understand that VIÁGO reserves the right to vary or change the terms and conditions of the VIÁGO Compensation Plan at any time, including without limitation those terms and conditions related to eligibility, provided that VIÁGO gives me notice of such changes in accordance with the terms and conditions of this Agreement. I further acknowledge and understand that VIÁGO may also from time to time make available to me certain incentives outside of the VIÁGO Compensation Plan in connection with certain VIÁGO Product Offerings (e.g., promotional incentives), and that such incentives may be subject to separate terms and conditions and which may be suspended or discontinued at any time, and for any reason. I further understand that maintenance of my position as a current Ambassador until the time of payment of Compensation is a condition for earning and receiving such Compensation, and I will not be eligible to receive payment of any Compensation following the termination or expiration of this Agreement.
- I agree to indemnify, defend and hold the VIÁGO Companies, and each of their respective shareholders, directors, officers, and employees harmless from and against any and all claims, damages, costs and expenses, including without limitation any attorneys’ fees and court costs, arising out of or in connection with my actions or omissions in the performance under this Agreement. I understand and agree that the indemnity set forth in this Section 18 is in addition to, and not to the exclusion of, my indemnification obligations contained in the VIÁGO Policies & Procedures. I understand and acknowledge that as it relates to my engagement as an Independent Ambassador for VIÁGO this agreement supersedes any and all prior agreements related to my engagement as an independent distributor, Agent or representative in the past, including those with any preceding company or DBA under a different name that may have common operational, compensation, policy, products, services or management components, despite similar terms, and that this agreement is as an Independent Ambassador for VIÁGO only.
- I represent and warrant that I will comply with all the terms and conditions contained in the Ambassador Agreement relating to the protection of Confidential Information, Personal Data, and related proprietary or confidential information, including without limitation the provisions contained in the Policies & Procedures. I agree that all provisions contained in the Ambassador Agreement related to the protection and disclosure of Confidential Information and Personal Data shall survive the expiration or termination of the Ambassador Agreement.
- IN NO EVENT WILL ANY VIÁGO COMPANY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH ANY CAUSE, INCLUDING BUT NOT LIMITED TO ANY BREACH OF WARRANTY OR ANY DELAY, ACTION, ERROR OR OMISSION OF ANY VIÁGO COMPANY, OR THE DELIVERY, NONDELIVERY, DISCONTINUATION, OR MODIFICATION OF ANY PRODUCT OR SERVICE BY ANY VIÁGO COMPANY, EVEN IF THE RELEVANT VIÁGO COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OTHER THAN THE RETURN RIGHTS DESCRIBED IN THIS AGREEMENT, THE VIÁGO COMPANIES MAKE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. EXPRESSLY EXCLUDED ARE ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY VIÁGO COMPANY, OR ANY OF THEIR RESPECTIVE AFFILIATES OR EMPLOYEES, OR ANY AMBASSADOR, WILL CREATE A WARRANTY OR ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY PROVIDED FOR HEREIN.
- DISPUTE RESOLUTION
PLEASE READ THIS SECTION OF THE AMBASSADOR AGREEMENT CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION AND INCLUDES CERTAIN WAIVERS, INCLUDING CLASS ACTION, CLASS ARBITRATION AND JURY TRIAL WAIVERS.
If a dispute arises between or among VIÁGO, its Ambassadors, officers, employees, distributors, or vendors arising from or relating in any way to the Ambassador Agreement or these Policies & Procedures, their relationship with VIÁGO (contractual or otherwise), or the purchase of sale of any products or service sold by VIÁGO, the parties agree to attempt in good faith to resolve any such dispute in an amicable and mutually satisfactory manner.
IN THE EVENT SUCH EFFORTS ARE UNSUCCESSFUL FOR ANY REASON THE PARTIES SPECIFICALLY AGREE THAT IN ORDER TO PROMOTE TO THE FULLEST EXTENT REASONABLY POSSIBLE A MUTUALLY AMICABLE RESOLUTION OF THE DISPUTE IN A TIMELY, EFFICIENT AND COST-EFFECTIVE MANNER, THEY WILL WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY AND SETTLE THEIR DISPUTE SOLELY BY SUBMITTING THE
VIÁGO Ambassador Agreement Terms and Conditions November 2024
CONTROVERSY TO BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“A.A.A”)
THEN IN EFFECT, EXCEPT THAT (i) ALL PARTIES SHALL BE ENTITLED TO ALL DISCOVERY RIGHTS ALLOWED UNDER THE FEDERAL RULES OF CIVIL PROCEDURE. The arbitration shall occur in Maricopa County, Arizona, U.S.A.
The Parties shall attempt to select a mutually agreeable arbitrator from A.A.A.’s Panel of Arbitrators. If an arbitrator is not selected by agreement within ten (10) days of the first written notice of intent to mediate/arbitrate, a mediator/arbitrator shall be selected in accordance with the Commercial Rules of A.A.A.
The Arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et. seq., and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction to enter the judgment. Either Party may elect to participate in the arbitration telephonically. Any substantive or procedural rights other than the enforceability of this Dispute Resolution Policy shall be governed by Arizona law, without regards to Arizona's conflict of laws principles.
The Parties agree that any arbitration proceeding will be conducted on an individual, not a class-wide basis, and that any proceeding between the Parties may not be consolidated with another proceeding between one of the Parties and any other entity or person. THE PARTIES SPECIFICALLY WAIVE ANY RIGHT TO CLASS-WIDE TREATMENT OF ANY CLAIM COVERED BY THIS DISPUTE RESOLUTION POLICY.
The Parties further expressly agree that (i) the arbitrator shall only reach his decision by applying strict rules of law to the facts, (ii) the arbitration shall be conducted in the English language, in Maricopa County, Arizona, (iii) the Party in whose favor the arbitration award is rendered shall be entitled to recover all costs and expenses of the arbitration including, but not limited to, attorneys’ fees, expert or other professional fees, and the cost and expense of administration of the arbitration proceedings, and any costs and attorney’s fees incurred in executing on or enforcing the arbitration award, and (iv) the arbitral award shall be issued in Maricopa County, Arizona, U.S.A.
The Parties, A.A.A., and the arbitrator shall maintain the confidentiality of the entire arbitration process and may not disclose to any other person not directly involved in the arbitration process: (i) the substance of, or basis for, the controversy, dispute, or claim; (ii) the content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in the arbitration; or (iii) the terms or amount of any arbitration award. AAA and the arbitrator shall have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary.
Nothing in the arbitration provision prohibits either party from obtaining a temporary injunction, preliminary injunction, or other equitable relief available to safeguard and protect the party’s interests 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 an arbitration or other proceeding. The arbitrator(s) will have the authority to continue injunctive relief and to enter a permanent order granting such relief. If you do not wish to be bound by the arbitration provisions herein, you must notify VIÁGO in writing 30 days from the date of acceptance of the Ambassador Agreement and these Policies and Procedures, or revision of this Dispute Resolution Agreement, by email at compliance@VIÁGOdirect.com or by mail to VIÁGO Direct, LLC. 8125 86th Place, Scottsdale, AZ 85258. By opting out, your Ambassador Business Account will be changed from an Ambassador to a Customer, which will still allow you to purchase VIÁGO’s products. If a current or former Influencer breaches any of his/her/its obligations contained in the
VIÁGO Ambassador Agreement Terms and Conditions November 2024
Application terms or Policies, the applicable post-cancellation restrictions will be extended by and tolled for the length of time that the current or former Ambassador is in breach.
23. CLASS ACTION WAIVER
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
24. RESTRICTIVE COVENANTS
A. For purposes of this Section 23, the following capitalized terms shall have the meanings provided below:
“VIÁGO Products and Services” means, collectively, all products offered for sale by VIÁGO, or any VIÁGO Company and all physical goods, travel services, software, applications, or other materials offered for sale by such parties. VIÁGO Products do not include Business Tools are outlined above.
“Customer” means a person or entity that purchases VIÁGO Products, and includes any Ambassador that purchases VIÁGO Products for their personal use.
“Downline” means, with respect to your Ambassador organizational hierarchy, all Ambassadors who fall at the first level or below underneath your Ambassador position.
“Solicit” means, in effect or by intent, to request, recruit, enroll, sponsor, entice, induce, influence, or encourage, in each case in any way and through any means or method (including without limitation, communications made affirmatively or responsively, directly or indirectly, expressly or implicitly, or personally or through or with one or more third parties). “Solicitation” is the noun form of the verb “Solicit.” Solicitation includes, without limitation,person-to-person meetings, phone calls (e.g., direct phone calls and three-way calls), emails, text messages, chat messages, and social media postings.
- Non-Solicitation. During the term of the Ambassador Agreement and for one (1) year after the expiration or earlier termination thereof, an Ambassador may not recruit any VIÁGO Ambassador or Customer for another network marketing business, unless such Ambassador/Customer was personally sponsored by the Ambassador in question. Attempts to recruit active VIÁGO Ambassadors into another network marketing business will result in immediate suspension of the Ambassador Business Account and a full compliance investigation. At no time may a VIÁGO Ambassador use any confidential information, including but not limited to VIÁGO systems, services, downline lineage or back office to send communications regarding a non-VIÁGO business or opportunity. If the allegations of solicitation prove to be true, the Ambassador’s Business Account will be immediately terminated, all commissions and bonuses to be paid or held will be forfeited to pay for the cost of the investigation and the Ambassador will not be eligible to re-enroll at any future time without specific written permission from the VIÁGO Legal Team.
- Geographic Scope and Survival of Restrictive Covenants. Ambassadors and VIÁGO recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and Internationally, and because business is commonly conducted via the Internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Ambassadors and VIÁGO agree that this provision shall apply to all markets in which VIÁGO conducts business.
VIÁGO Ambassador Agreement Terms and Conditions November 2024
I acknowledge and agree that my obligations under this Section 23 shall survive the expiration or earlier termination of this Agreement for any reason. I further acknowledge and agree that, notwithstanding anything to the contrary contained in the Ambassador Agreement, in addition to any other compensatory damage awarded to VIÁGO, temporary and permanent injunctive relief is an appropriate remedy to prevent further damage to VIÁGO, or any VIÁGO Company for my violation of the provisions of subsections 23(B) or 23 (C) above.
- The Ambassador Agreement, including formation, construction, interpretation, and enforceability, is governed by and shall be construed in accordance with the law of the State of Arizona, without regard to its choice of law rules. Notwithstanding the foregoing, each of the Ambassador and VIÁGO acknowledge and agree that the relationship between the parties is an interstate commerce transaction and, accordingly, the Dispute Resolution Provisions set forth in Section 22 above, and the interpretation and the enforceability of the Dispute Resolution Provisions, are and shall be governed by the Federal Arbitration Act, notwithstanding any other law to the contrary, and no state law shall apply if and to the extent such state law is preempted by the Federal Arbitration Act. Subject to the foregoing, the substantive law of the State of Arizona shall govern the substance of any Dispute arbitrated under the Dispute Resolution Provisions. Further, any court proceedings between an Ambassador and VIÁGO shall be governed by the laws of the State of Arizona, without regard to its choice of law rules, and such proceedings shall take place in Arizona; provided, however, that if an Ambassador brings a small claims action, the Ambassador may do so in the jurisdiction of the Ambassador’s address on file withVIÁGO. Subject to the arbitration requirements contained in Section 22 above, for any court action brought in a jurisdiction consistent with the foregoing sentence, each of the Ambassador and VIÁGO agrees to submit to the personal and exclusive jurisdiction of such court and waives any objection as to venue or inconvenient forum.
- I acknowledge and agree that the following amendments or modifications to the Ambassador Agreement may be made only by way of mutual consent: any amendment or modification (i) to, or of, the Dispute Resolution Provisions, or (ii) that extends any of the time periods, or otherwise expands the restrictions applicable to me, in each case contained in Section 23 above. In the event of a change to the Ambassador Agreement requiring mutual consent, VIÁGO will deliver email notice to the Ambassador of such change and the Ambassador shall have ten (10) days from the receipt of notice to terminate the Ambassador Agreement by written notice to VIÁGO, failing which, the Ambassador will be deemed to have consented to the relevant changes and such changes will be immediately effective without any further notice upon the expiration of such 10-day period. With the exception of aforementioned changes that require mutual consent, I acknowledge that VIÁGO reserves its right to amend or modify this Agreement at any time by notifying me of the changes by emailing me or posting such changes to the VIÁGO website (www.VIÁGOdirect.com) or in the VIÁGO Ambassador Back Office, and any such changes to this Agreement may be made effective at VIÁGO’s election upon the date of execution, or the date of VIÁGO’s posting of the amended Agreement, or prospectively to a date specified in the amendment. This Agreement shall not be modified or amended except as described herein and no amendment shall apply retroactively.
- The Ambassador Agreement constitutes the entire agreement and understanding between me, VIÁGO, any VIÁGO Company, or any third party regarding the subject matter hereof and supersedes any and all prior or contemporaneous agreements, representations, commitments or understandings, whether oral or written, made by or between VIÁGO and me. I acknowledge and agree that I am not relying and have not relied on any oral or written statements or representations made by VIÁGO, any VIÁGO employee, or any other Ambassador regarding the subject matter hereof other than those expressly stated in these US Terms and Conditions, in the event of a conflict between the terms and conditions contained in the agreements comprising the Ambassador Agreement, the following order of precedence shall apply:
VIÁGO Ambassador Agreement Terms and Conditions November 2024
first, (i) the Dispute Resolution Provisions, then (ii) these US Terms and Conditions then (iii) the VIÁGO Policies & Procedures, and lastly (iv) the VIÁGO Compensation Plan. For purposes of this Agreement, the addresses (physical and email) submitted by me with my Ambassador Application are deemed to be my correct address unless and until I provide to VIÁGO notification of a change of address in accordance with the VIÁGO Policies & Procedures.
- I understand that I may not assign this Agreement, or any portion thereof, or any of the duties, obligations or liabilities contained herein, without the prior written consent of VIÁGO, which consent may be withheld, conditioned, or delayed in VIÁGO’s sole discretion. VIÁGO may assign this Agreement at any time and without my consent, and upon such assignment VIÁGO shall be relieved of any and all duties, obligations, and/or liabilities arising from this Agreement. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties hereto. The VIÁGO Companies are intended third-party beneficiaries to this Agreement.
- Subject to the Dispute Resolution Provisions, any provision of this Agreement that is determined by an authority of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason whatsoever, the validity of the remaining provisions or portions thereof shall not be affected thereby and such authority should reform the Ambassador Agreement to the extent necessary in a manner that comes closest to expressing the intention of the invalid and unenforceable provision while rendering the otherwise unenforceable provision or portion thereof valid and enforceable.
***************NOTICE OF CANCELLATION****************
I may cancel this transaction, without penalty or obligation, for a full refund, if I provide a valid cancellation notice postmarked within three (3) days from the date of this Agreement, exclusive of the date of signing. I understand that if I cancel after the three days from the date of this Agreement, exclusive of the date of signing. I understand that if I cancel after the three (3) day period, I am not entitled to any refund. If I cancel within the three (3) days from the date of this Agreement, any payments made by me under this Agreement and any instrument executed by me will be returned within twenty-one (21) days following receipt by VIÁGO of my notice of cancellation. To cancel this Agreement, I must deliver personally or via courier or by registered or certified mail return receipt requested, a written, signed, dated copy of a notice of cancellation to the following address: VIÁGO Direct, LLC, 8125 N 86th Pl, Scottsdale, AZ 85258 Attn: Customer Care.
Certain states require a longer cancellation period by law, and where applicable state law on cancellation is inconsistent with VIÁGO policy, such state law shall be in force and the cancellation rights set forth herein shall be deemed modified to reflect state requirements.
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E-Sign, the Electronic Signatures in Global and National Commerce Act (15 U.S.D. 7001, et seq.), requires that you consent to entering into an electronic agreement with VIÁGO Direct, LLC before this VIÁGO Ambassador Agreement can be executed.
I have read, understand, and agree to be bound by all of the terms and conditions of this Ambassador Agreement, including the US Terms and Conditions, the VIÁGO Policies & Procedures and the VIÁGO Compensation Plan, all of which are incorporated into this Agreement and are available for me to review, store, and print at www.VIÁGOdirect.com and in the Back Office, and consent to the use of electronic records.
VIÁGO Ambassador Agreement Terms and Conditions November 2024
I HAVE READ, UNDERSTAND, AND SPECIFICALLY AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS SET FORT IN SECTION 22 ABOVE, TOGETHER WITH EACH OF THE RESTRICTIVE COVENANTS CONTAINED IN SECTIONS 23 ABOVE.
I UNDERSTAND, ACKNOWLEDGE AND AGREE THAT (1) EARNINGS AS AN INDEPENDENT VIÁGO DIRECT AMBASSADOR ARE BASED SOLELY UPON THE SUCCESSFUL SALE OF PRODUCTS AND SERVICES TO CUSTOMERS AND THEIR USAGE OF THOSE PRODUCTS AND SERVICES; AND (2) I WILL INCUR EXPENSES IN OPERATING MY VIÁGO BUSINESS, SUCH AS THE INITIAL AMBASSADOR REGISTRATION FEE AND RENEWAL FEE, AS WELL AS OTHER POSSIBLE OPERATING EXPENSES; AND (3) AS WITH ANY BUSINESS, EARNINGS AND SUCCESS AT VIÁGO ARE NOT GUARANTEED BUT DEPEND LARGELY ON THEIR SKILLS, WORK EFFORT, COMMITMENT, LEADERSHIP SKILLS AND MARKET CONDITIONS; AND (4) I MAY NOT EARN INCOME AND I MAY LOSE MONEY AS AN AMBASSADOR.
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