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OPERATIONS:
Hostcation, LLC and its members sell products, services & other items for profit. Hostcation, LLC gives full authorization for our members to resell any and all of our products, services or specials for profit. Members may make purchases for use or direct sales as often as they like as long as they are not stockpiling a personal inventory to circumvent our marketing plan or for any other reason.
PRIVACY POLICY:
Hostcation, LLC will not sell or give away or distribute any of your personal information nor your email address to any person, company or organization that is not affiliated within the Hostcation, LLC program.
DISCLAIMER:
Hostcation, LLC IS NOT AN INVESTMENT COMPANY.
Hostcation, LLC does not sell or offer to sell any form of stocks, bonds, security or any other financial Instruments. All the information contained in our website is for your personal use only and should not be publicized or reproduced in any form whatsoever, in part or in whole. Hostcation, LLC reserves the right to cease, change or modify any or all of our current programs or plans.
Hostcation, LLC TERMS & CONDITIONS
Hostcation, LLC Independent Representatives (IR's) hereby agree to the following terms and conditions.
1. LEGAL AGE
IR is of legal age to enter into this application and Agreement in his or her place of residence. Age 18 is considered legal in most Countries all over the World.
2. ACCEPTANCE RIGHTS & OBLIGATIONS
I have carefully read and agree to comply with the Hostcation, LLC policies and procedures and the Hostcation, LLC Compensation Plan, both of which are incorporated into and made a part of these terms and conditions. I understand that I must be a purchasing member in good standing and not in violation of any of the terms of this agreement, in order to be eligible to receive any bonuses or commissions from Hostcation, LLC. This agreement shall be effective upon acceptance by Hostcation, LLC in its place of business. IR may buy products at wholesale from Hostcation, LLC. Hostcation, LLC reserves the right, in its sole discretion, to decline to accept any application. Upon acceptance of this application and agreement, IR shall:
- Have the right to purchase products and services from Hostcation, LLC at the wholesale price in accordance with these terms and conditions and sell these products or services for profit.
- Have the right to enroll persons in Hostcation, LLC.
- Train and motivate the IR`s within your downline marketing plan.
- Comply with all federal, state, county and municipal law, ordinance, rule or regulation, and shall make all reports and remit all with holdings or other deductions as may be required by any federal, state, county, or municipal law, ordinance, rule or regulation.
- Perform all obligations as an IR with honesty and integrity.
- Present the Hostcation, LLC compensation Program, products and services set forth as published.
3. TERM
Subject to the provisions of section 15, this agreement shall have a term beginning on the date of the application and acceptance by Hostcation, LLC, will continue for 365 days.
4. INDEPENDENT CONTRACTOR STATUS
IR understands that the (distributor) IR is an independent contractor and not the purchaser of a franchise or business opportunity. This agreement does not create employer and employee relationship, agency, joint venture, partnership or ownership of any interest in Hostcation, LLC. IR understands that he or she shall control the manner and means by which he or she operates his or her business, subject to compliance with these terms and conditions, policies/procedures and the compensation plan (all of which are collectively referred to as the “Agreement.”) IR is solely responsible for compliance with any and all laws or regulation related to its business in any jurisdiction exercising authority over said business, including but not limited to the duty to license its business and to comply with all other regulations. IR will abide by any and all federal or local laws, statutes and regulations applicable to said business. IR has no authority to bind Hostcation, LLC or occur any debts, contracts, or liabilities or to make any representations or warranties on behalf of Hostcation, LLC.
5. RESPONSIBILITY OF TAXES
IR understands that he/she shall not be treated as an employee of Hostcation, LLC for federal tax purposes. Hostcation, LLC is not responsible for withholding, and shall not withhold or deduct from any commissions, bonuses, if any, FICA, or taxes of any kind, unless such withholding becomes legally required.
6. COMPENSATION
IR understands that any compensation IR receives from Hostcation, LLC is related to the sale of products and services, and that there is no compensation for enrolling and/or sponsoring. IR understands that there is no requirement to make a purchase in order to earn commissions from Hostcation, LLC but also understands that earnings can be greatly enhanced by participation in the Hosting Members Pay Plan. IR understands that IR is not guaranteed any income, profits, or success. IR shall make no claims or representations of actual earning potential, guaranteed or anticipated profits or sale success. IR agrees that the product expires after 30 days and must renew every 30 days to remain active and keep matrix benefits. The product may be sold for a retail profit or used by IR. There is no refund or carry over of services not used in the month of purchase. Commissions are calculated automatically as purchases are made and immediately credited to your account. Bonus payments are calculated at midnight each day and also credited to your account. Commissions/ Account Balances may be requested for withdrawal at any time and will be paid by AlertPay. Other forms of payment may be allowed at the discretion of the management. Withdrawals can take place if you are active.
7. SALES & USE TAXES
If required, Hostcation, LLC shall collect and remit all applicable sales and use tax on products based upon the suggested retail price of the product. The applicable rates of tax due shall be based on the address the product and/ or material is shipped. IR agrees to be bound by all sales tax collection agreements between Hostcation, LLC and all appropriate taxing jurisdiction, and all related rules and procedures.
8. NO PURCHASE REQUIRED
In order to become an IR and begin the business; IR is not required to make a purchase but may enhance earnings by becoming a member of our Hosting Members Pay Plan. Any member wishing to rejoin MUST do so with the same sponsor as original membership but will be treated as a new member. This applies after launch.
9. PROPRIETARY RIGHTS/ USE OF COMPANY NAME AND MATERIALS
IR agrees not to use proprietary trade names, trademarks, copyrighted or patent pending materials of Hostcation, LLC and its affiliated entities without the prior written consent of IR names and other confidential business and financial information of Hostcation, LLC. IR will not use any Hostcation, LLC networks, IR lists, or other confidential information to promote the sale or use of any products or services, other than those offered through Hostcation, LLC and only in compliance with the terms of this agreement and the policies and procedures. IR agrees that any unauthorized disclosure of such confidential information, including a IR`s spouse (if not a co-applicant) shall constitute a material breach of this agreement.
10. NON-SOLICITATION
As an inducement for Hostcation, LLC to enter into this agreement and in consideration of the mutual covenants contained herein, IR agrees that during the term of this agreement, IR shall not directly or indirectly, on his or her behalf or on the behalf of any other person or entity, solicit, induce, or hire any IR, employee, member, customer, supplier or vendor of Hostcation, LLC (I) to enter into any business relationship with any individual or company which sells products or services which compete with the products and/ or services of Hostcation, LLC , or (2) to terminate or alter his or her business or employment relationship with Hostcation, LLC.
11. TRAINING
In the event IR enrolls other IR`s, IR agrees to perform a bona-fide supervisory and training function for such IR relative to the sales of Hostcation, LLC products and services to the consumer.
12. NO EXCLUSIVE TERRITORY
IR understands that no exclusive territory is granted by this agreement, nor does this agreement constitute the sale of a SECURITY, FRANCHISE, or BUSINESS OPPORTUNITY.
13. ASSIGNABILITY
IR understands and agrees that this agreement may not be transferred or assigned without the prior written approval of Hostcation, LLC, in its sole discretion, and then in accordance with the policies and procedures. Hostcation, LLC may assign this agreement at any time.
14. TERMINATION
IR acknowledges that he or she is free to terminate this agreement at any time for any reason upon written notice to Hostcation, LLC. Hostcation, LLC may terminate this agreement at anytime upon notice for violation of the provisions of this agreement, including the provisions of the policies and procedures or compensation plan as they may be amended or the provisions of applicable laws and standards of fair dealing. Upon termination of the agreement, IR shall (a) lose all rights to purchase products from Hostcation, LLC at the wholesale price; (b) shall cease from representing himself or herself as an IR of Hostcation, LLC; (c) all rights of participation and position in the compensation plan, including all commission and earnings resulting therefrom; and (d) take all other actions reasonably required by Hostcation, LLC relating to protection of Hostcation, LLC confidential information, including the discontinuance of Hostcation, LLC trademarks and services. Non paid members that have not logged in to their accounts for 3 months will be removed without notice as inactive.
15. AMENDMENT
IR understands that Hostcation, LLC may amend this agreement, the policies and procedures, prices and products, company literature, the compensation plan and any other instruments and documents referred to herein or hereafter written or published by Hostcation, LLC and its affiliated entities in its sole and absolute discretion, without prior notice, at any time, effective upon publication or transmitted of such amendment in official Hostcation, LLC publications, literature or voice mail, or e-mail, as applicable. The continuation of IR business or IR acceptance of commissions or bonuses shall constitute IR`s acceptance of any and all amendments. In the event of any conflict between the amendment and the term of this agreement, the policies and procedures or any other document, the amendment shall control.
16. ARBITRATION
This agreement will be governed by the construed in accordance with the laws of the state in which IR resides. All disputes and claims relating to Hostcation, LLC , the IR agreement, the Hostcation, LLC COMPENSATION PLAN or its products and services, the rights and obligations of an IR and Hostcation, LLC, or any other claims or courses of action relating to the performance of either an IR or Hostcation, LLC under the agreement or the policies and procedures shall be settled totally and finally by arbitration in the capital city of such state or other location as Hostcation, LLC 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 all discovery rights allowed under the federal rules of civil procedure. All issues related to arbitration shall be governed by the federal arbitration act. If an IR files a claim against Hostcation, LLC , he/she shall do so on an individual basis and not with any other IR or as part of a class action. Such action must be taken within one year. The decision of the arbitrator shall be final and binding on both parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the agreement.
17. LIMITATION OF LIABILITY
IR agrees that the liability of Hostcation, LLC , and its officers, directors, and shareholders to IR`s for any claim whatsoever related to the relationship of Hostcation, LLC and IR, including any cause of action in contract, tort, or strict liability, shall not exceed, and be limited to (a) the amount of unsold product inventory owned by IR that is in resalable condition, if any, and (b) commissions at the time of the controversy or termination owed to IR, if any. In no event shall Hostcation, LLC be liable to IR for any incidental, special, exemplary, or consequential damages.
18. CUMULATIVE WAIVER
The waiver by Hostcation, LLC of any particular default by IR shall not effect or impair rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any IR.
19. SURVIVAL
The covenants and obligations of IR to protect the trade secrets and confidential information of Hostcation, LLC , including, without limitations, those obligations and covenants contained in paragraph 10 and 11 above, shall survive termination of this agreement.
20. COLLECTION FEES
IR is responsible for any and all collection fees due to any type of payment that is returned and a collection effort is made. IR understands that commissions earned will be held and could be applied to any balance owing. SEE also item # 25.
21. SEVERABILITY
If any provision of this agreement is held to invalid or non-enforceable, 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 effective.
22. INTERNET
All internet applications are enforceable.
23. CONTACT INFORMATION
Each member is responsible for keeping contact information up to date and must supply a valid email address with no autoresponders. Members who cannot be contacted with a valid e-mail address or use an autoresponder address will be deleted with a loss of all benefits. The receipt of e-mails from Hostcation, LLC is a condition of membership.
24. SUSPENSION OF MEMBERSHIP
A member may be suspended at the discretion of the management for any breach of these terms. Also for any returned or cancelled payment that the IR made to Hostcation, LLC or any of it's divisions. Once suspended the member must contact administration and clear all debts etc. before reinstatement can take place; whilst suspended no commissions may be earned and no downline members will be placed. If suspension is not cleared in what is deemed by management to be a reasonable time (usually 30 days) then the membership may be terminated with a total loss of all benefits.
25. MULTIPLE MEMBERSHIPS BY SAME IR
Multiple memberships are permitted and will be treated by Hostcation, LLC as a totally new and different identity. As a result it is NOT possible to combine or transfer benefits from one membership ID to another - even if owned by the same person. A unique email address must be used for each registration.
26. PAYMENT PROCESSORS
We use AlertPay and in the future other processors. AlertPay accepts credit cards . All processors other than payment from commissions incur additional fees.
27. PAYMENT PROCESSOR FUNDING
Is the members responsibility in the same way that a member is responsible for their bank account. Problems with payment processors should be addressed to the processor concerned as they are not linked to or a part of Hostcation, LLC.
28. ENTIRE AGREEMENT
This Agreement, Policies and Procedures, Compensation Plan and any other instruments and documents referred to hereinafter published by Hostcation, LLC and its affiliated entities (all of which are incorporated herein by reference), constitute the entire agreement between IR’s and Hostcation, LLC, and no other promise, representations, guarantees, or agreements of any kind that are not otherwise made in accordance with paragraph 15 above, shall be valid unless in writing by both parties. To this extent of any conflict or inconsistency between these terms and conditions and any other official Hostcation, LLC document (other than the Policy and Procedures), these terms and conditions shall supersede and prevail over any term of any other document as to the matters addressed herein. To the extent of any conflict between these terms and conditions and the Policies and Procedures (in their current form or as subsequently modified), the Policies and Procedures shall in all instances supersede and prevail over any term and conditions as to the matters addressed herein.
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