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Brilliant Perspectives

AFFILIATE APPLICATION & AGREEMENT

1. Authorization and Contract

By signing this Brilliant Perspectives Ambassador Agreement ("Agreement"), you are applying for legal authorization to become a Brilliant Perspectives Ambassador as an independent business owner and enter into contract with Brilliant Perspectives, LLC ("Company"). You acknowledge that prior to signing this Agreement you have received, read and understood the Company Income Disclosure Statement, the Company Policies and Procedures, the Compensation Plan, (collectively, the "Ambassador Documents") and all terms set forth in this Agreement. The Ambassador Documents are incorporated herein by reference.

Company reserves the right to reject any application for any reason within thirty (30) days of receipt. Please note that this Ambassador Agreement is a broadly drafted document, the specifics of which are further detailed within the Company Policies and Procedures. If any provisions herein conflict with the Policies and Procedures, the Policies and Procedures shall govern.

2. Term

This Agreement will remain in effect until you voluntarily cancel the Agreement, your account becomes inactive and/or you fail to renew, or the Company terminates you as an Ambassador, as outlined in the Ambassador Documents. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to eligibility to sell Company products or services, property rights to your former downline organization, and any commissions, bonuses, or other remuneration derived through the sales and other activities of your former downline organization.

Company reserves the right to terminate all Ambassador 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.

An Ambassador may cancel this Agreement at any time, and for any reason, upon written notice to Company. Company may cancel this Agreement at any time and for any reason upon written notice to the Ambassador. Company may also take actions short of termination of the Agreement if the Ambassador breaches any of its obligations under the Agreement.

3. Independent Contractor Status

You agree this authorization does not make you an employee, agent, or legal representative of Company or your sponsoring Ambassador. As a self-employed independent contractor, you will be operating your own independent business. 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.

In accordance with the Company Policies and Procedures, you will receive IRS Form 1099-NEC reflecting the amount of income paid to you during the calendar year. By agreeing to these terms, you agree to receive the 1099-NEC form electronically. It will be your sole responsibility to account for such income on your individual income tax returns.

4. Presenting the Opportunity

You agree when representing the Company opportunity to represent it in its entirety as outlined in Official Company Materials. In presenting the opportunity, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by the Company. You also agree to present the Company Income Disclosure Statement to all prospective Ambassadors and to instruct them to review it prior to enrollment.

5. Refunds

Ambassadors are never required to purchase product. Any product purchase is meant for that Ambassador's personal consumption and all consumer refund policies shall apply as outlined for the particular product or service on the Company corporate website and as displayed at the point of sale. Commissions derived from any refund shall be dealt with as detailed within the Company Policies and Procedures.

6. Proprietary Information and Trade Secrets

You recognize and agree that, as further set forth in the Company Policies and Procedures, information compiled by or maintained by Company, 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 Company business including, without limitation, distributor lists, sponsorship trees, and all Company partner information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of Company, which it keeps as proprietary and confidential.

During the term of this Agreement, Company grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (collectively, "Proprietary Information"), which includes, without limitation, LOS information, business reports, manufacturing and product developments, partner sales, and earnings and other financial reports to facilitate your Company business.

7. Non-Solicitation and Other Business Restrictions

Ambassadors may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities (collectively, "Network Marketing") provided that: (i) the other Network Marketing company does not market and sell competing products or services to those of Company, as determined by the Company in its sole discretion; and (ii) the Ambassador maintains the ability to fully perform all obligations under this Agreement.

However, during the Term of this Agreement and for one (1) year thereafter, an Ambassador may not recruit any Ambassador or Customer for any other Network Marketing business, unless that Ambassador or Customer was personally sponsored by such Ambassador. This provision is more fully detailed within the Company Policies and Procedures.

8. Images / Recordings / Consents

You agree to permit Company 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 Company for any lawful purpose and without compensation.

9. Modification of Terms

With the exception of the Dispute Resolution Section in the Company Policies and Procedures and as briefly outlined herein, which can only be modified by way of mutual consent, the Company may modify the terms of this Agreement upon written notice as detailed within the Company Policies and Procedures.

10. Governing Law

The formation, construction, interpretation, and enforceability of your contract with Company as set forth in this Ambassador Agreement shall be governed by the laws of the State of California, United States of America, without giving effect to any choice of law rule that would cause the application of laws of any jurisdiction other than the laws of the State of California, except that the Federal Arbitration Act shall govern the Dispute Resolution provision of this Agreement, without giving effect to any state law to the contrary.

Louisiana residents: Notwithstanding the foregoing, venue and jurisdiction for any claims or disputes arising under or relating to this Ambassador Agreement brought by residents of Louisiana shall be established pursuant to Louisiana law.

11. Dispute Resolution

PLEASE READ CAREFULLY THE DISPUTE RESOLUTION PROVISION IN THIS SECTION AND AS FURTHER DETAILED IN THE POLICIES AND PROCEDURES (COLLECTIVELY THE "DISPUTE RESOLUTION AGREEMENT") AS IT AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST THE COMPANY, OR CLAIMS THE COMPANY MAY HAVE AGAINST YOU, WILL BE RESOLVED. BY SIGNING AND SUBMITTING THIS APPLICATION, YOU AGREE TO BE BOUND BY THIS DISPUTE RESOLUTION AGREEMENT.

For complete details on the dispute resolution process, please refer to Section 13 of our Policies and Procedures.

12. Time Limitation

If an Ambassador wishes to bring an action against Company for any act or omission relating to or arising from this Agreement, such action must be brought within one (1) year from the date of the alleged conduct first giving rise to the cause of action. The Ambassador waives all claims that any other statutes of limitations apply.

13. Indemnification

An Ambassador is fully responsible for all of their verbal and written communications made regarding Company products, services, and the Compensation Plan that are not expressly contained within Official Company materials. Ambassadors shall indemnify and hold harmless Company, its directors, officers, employees, and agents from and against any and all liability, judgments, refunds, damages, fines, penalties, and costs (including reasonable attorney's fees and court costs) arising from or relating to the Ambassador's: (i) unauthorized representations or actions; (ii) breach of the Ambassador Documents; or (iii) violation of or failure to comply with any applicable federal, state or local law or regulation. This provision shall survive the termination of the Ambassador Agreement.

14. Miscellaneous

The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Company and supersede any prior agreements, understandings and obligations between you and Company concerning the subject matter of your contract with Company. If any term herein is to be found in conflict with the Company Policies and Procedures, the Policies and Procedures shall govern.

15. Notice of Right to Cancel

You may CANCEL this application, without any penalty or obligation, within THREE (3) BUSINESS DAYS from the application date.

State-Specific Cancellation Periods:

  • Alaska residents: FIVE (5) BUSINESS days
  • Montana residents: FIFTEEN (15) DAYS
  • North Dakota residents aged 65 or older: FIFTEEN (15) BUSINESS days
  • Maryland residents: May cancel through written notice for any reason within three (3) months after the date of receipt of goods or services first ordered
  • Puerto Rico residents: May cancel for any reason within ninety (90) days of enrollment

If you cancel, any payments made by you at the time you submitted this Application will be returned within TEN (10) BUSINESS DAYS following Company's receipt of your cancellation notice.

16. 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.

17. Severability

If any provision of this Agreement is found by a court of competent jurisdiction, an arbitrator, or an arbitral panel to be invalid, illegal, or unenforceable in any respect, such provision shall be modified and interpreted to the extent necessary to render it valid, legal, and enforceable while preserving its original intent. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of this Agreement.

If any part of this Agreement is held to be invalid or unenforceable in any jurisdiction where this Agreement is being performed, the remainder of this Agreement shall continue to be valid and enforceable. In such a situation, the court, arbitrator, or arbitral panel shall have the authority to modify the provision to the extent necessary to make it enforceable under the circumstances.

The Parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that most closely approximates the original intent and economic effect of the invalid, illegal, or unenforceable provision. If the Parties cannot reach agreement on a replacement provision within thirty (30) days, either Party may request that the court, arbitrator, or arbitral panel fashion an appropriate replacement provision that preserves the economic benefits intended by the Parties.

Contact Information

For questions regarding this Agreement, please contact:

Brilliant Perspectives LLC

735 State St. #517

Santa Barbara, CA 93101

Email: help@brilliantperspectives.com

Voicemail: (800) 351-7541

By signing this Agreement, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions set forth herein.