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Pixingo's Terms and Conditions
Terms & Conditions
Following are the Terms & Conditions for participating in the Pixingo LLC photo sharing and photo card making system.
Pixingo's mailing address is: 1940 North Rosemont Street, Mesa AZ 85205 Fax 602-493-8004
- I understand that as an Independent Consultant for Pixingo, LLC. (“Pixingo”, “Company”, “we” or “our”): a. I have the right to offer for sale Pixingo products and services in accordance with these Terms and Conditions. b. I have the right to enroll persons in Pixingo. c. If qualified, I have the right to earn commissions pursuant to the Pixingo Compensation Plan.
- I agree to present the Pixingo Compensation Plan and Pixingo products and services as set forth in official Pixingo literature.
- I agree that as a Pixingo Consultant I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Pixingo. I agree that I will be solely responsible for paying all expenses that I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF PIXINGO FOR FEDERAL OR STATE TAX PURPOSES OR FOR ANY OTHER REASON. Pixingo is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
- I understand that the Pixingo system is based on credits purchased online to be used to make printed photo products such as cards and books. Said credits expire after 12 months from the date of purchase and are deleted from both a Retail Customer and / or an Consultants account on a “first in, first out” basis.
- I have carefully read and agree to comply with the Pixingo Policies and Procedures and the Pixingo Compensation Plan, and the Business Entity Application and Agreement (the Business Entity Application and Agreement is not applicable to persons who enroll as individuals) which are incorporated into and made a part of these Terms and Conditions (these documents shall be collectively referred to as the â€œAgreementâ€). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Pixingo. I understand that the Pixingo Policies and Procedures and/or the Pixingo Compensation Plan may be amended at the sole discretion of Pixingo, and I agree to abide by all such amendments. Notification of amendments shall be posted on Pixingo's website, in your Consultant back-office, and/or sent via email. Amendments shall become effective 30 days after publication. The continuation of my Pixingo business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
- The term of this agreement is one year (subject to prior cancellation for inactivity pursuant to the Policies and Procedures). If I fail to annually renew my Pixingo Agreement, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as an Consultant, and I will not be eligible to sell Pixingo products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. Pixingo reserves the right to terminate all Consultant Agreements 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. Consultant may cancel this Agreement at any time, and for any reason, upon written notice to Pixingo at its principal business address. Pixingo may cancel this Agreement for any reason upon 30 days advance written notice to Consultant.
- I may not assign any rights under the Agreement without the prior written consent of Pixingo. Any attempt to transfer or assign the Agreement without the express written consent of Pixingo renders the Agreement voidable at the option of Pixingo and may result in termination of my business.
- I understand that if I fail to comply with the terms of the Agreement, Pixingo may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
- Pixingo, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as â€œaffiliatesâ€), shall not be liable for, and I release Pixingo and its affiliates from, all claims for incidental, consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Pixingo and its affiliates from all liability arising from or relating to the promotion or operation of my Pixingo business and any activities related to it (e.g., the presentation of Pixingo products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Pixingo for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
- The Agreement, in its current form and as amended by Pixingo at its discretion, constitutes the entire contract between Pixingo and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
- Any waiver by Pixingo of any breach of the Agreement must be in writing and signed by an authorized officer of Pixingo. Waiver by Pixingo of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
- 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 will be governed by and construed in accordance with the laws of the State of Arizona without regard to principles of conflicts of laws. In the event of a dispute between an Consultant and Pixingo arising from or reating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. Pixingo shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Consultant. The parties consent to exclusive jurisdiction and venue for such actions before the State Court residing in Maricopa County, State of Arizona, or the United States District Court, for the District of Arizona, residing in Phoenix, Arizona.
- Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.