POTENTIAL INDEPENDENT ASSOCIATE TERMS & CONDITIONS

  1. I understand that my application to serve as a independent sales representative in a pool of available independent sales representatives for certain nationwide sales initiatives is subject to acceptance by Robert Jefferson, doing business as bredy.biz
  2.  (“B REDY”). Upon acceptance by B REDY, this application and the Terms and Conditions herein, together with B REDY’s Non-Disclosure Agreement, as may be amended from time to time, shall constitute the entire agreement (the "Agreement") between B REDY and me. I acknowledge that all of my rights and responsibilities as a Potential Independent Associate for B REDY’s clients ("PIA") are governed by these Terms and Conditions.
  3. I agree to be bound by any changes to these Terms and Conditions that B REDY, in its sole discretion, may announce from time to time. Notification of amendments shall be posted on the B REDY website and become effective 15 days after publication ("Effective Date"). The continuation of my business for B REDY’s clients or my acceptance of bonuses or commissions from B REDY’s clients after the Effective Date shall constitute my acceptance of any and all amendments.
  4. I understand that I have the right to terminate this Agreement at any time by submitting a written notice of cancellation to B REDY at its address of record. I further understand that this Agreement must be renewed annually.
  5. I understand that I must be in good standing and not in violation of any of the terms of the Agreement or any of B REDY’s Clients terms, conditions, policies or procedures to remain a PIA and be eligible to receive current and future independent sales representative opportunities from clients of B REDY. I acknowledge that B REDY may terminate this Agreement, terminate my status as a PIA, remove me from any list of eligible or available PIAs, disable my access to B REDY’s website, or impose other disciplinary action in the event of any breach, default or violation by me of the Agreement.
  6. I agree that as a Potential Independent Associate I am considered to be an independent contractor to B REDY’s clients and not an employee, agent, partner or franchisee of B REDY. I alone am responsible for my business and for paying all expenses I incur in the operation of my business for any B REDY Client. This includes and is not limited to taxes, travel, food, lodging and office supplies. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES. I further understand that I am not an agent of B REDY or any of B REDY’s clients for any purpose and I will not do any act that would cause anyone to believe otherwise.
  7. I understand that Potential Independent Associates are eligible to earn compensation from B REDY’s clients based upon the sale of B REDY’s clients’ products and services to customers and that no recruitment fee can be derived from the mere act of recruiting or sponsoring other Potential Independent Associates. I certify that neither B REDY nor any of B REDY’s clients has made any claims of guaranteed profits as a result of my efforts as a Potential Independent Associate.
  8. I understand that any information B REDY provides me regarding potential earnings of PIAs or the potential value of my service as an independent contractor to any of B REDY’s clients is an estimate only. It is in no way a guarantee of any amount of compensation that will be paid to me. I ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL I SEEK TO HOLD B REDY RESPONSIBLE FOR ANY ESTIMATES OR PROJECTIONS OF POTENTIAL EARNINGS PROVIDED TO ME BY B REDY.
  9. I understand that this Agreement does not constitute the sale of a franchise, business or business opportunity. I further understand that there are no exclusive territories granted to any PIAs and I am not hereby acquiring any interest in a security or property right. I acknowledge that the only rights granted by this Agreement are the intangible right to be an eligible PIA in B REDY’s pool of independent contractors available to B REDY’s clients, to be available to sell B REDY’s clients’ products and services, enroll other Independent Associates and participate in B REDY's clients’ compensation plans or structures.
  10. I understand that this Agreement is non-transferable. Any attempt to transfer or assign this Agreement without the express written consent of B REDY renders this Agreement null and void at the option of B REDY and may result in termination of this Agreement.
  11. As part of the consideration exchanged for the opportunity to become a PIA, I expressly waive and disclaim any right to bring any claim in any and all forums as a class action or as a private Attorney General. I further agree to not serve as a class representative or a member of a class in litigation adverse to B REDY. If the dispute pertains to a matter which is generally administered by certain B REDY policies or procedures, the procedures set forth in that procedure must be fully exhausted by me before I may invoke my right to arbitration under this Agreement.
  12. This Agreement (including the Non-Disclosure Agreement) as modified from time to time constitutes the entire agreement between the parties and supersedes all prior or existing oral or written agreements between the parties. Any promises, representations, guarantees, offers or other communications not expressly set forth in this Agreement are of no force or effect.
  13. I ACKNOWLEDGE AND AGREE THAT NO CONTRACT IS FORMED BETWEEN ME AND ANY B REDY CLIENT UNTIL I AGREE TO ANY TERMS, POLICIES, OR AGREEMENTS REQUIRED BY B REDY’S CLIENTS.
  14. IN THE EVENT OF A DISPUTE BETWEEN ME AND B REDY OR ANY OF ITS CLIENTS, INCLUDING A DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PARTIES AGREE THAT SUCH DISPUTES, FOLLOWING EXHAUSTION OF INTERNAL B REDY DISPUTE PROCEDURES, SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION IN FORT BEND COUNTY, TEXAS PURSUANT TO THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WITH EACH PARTY BEARING ITS OWN COSTS. The parties further agree that this Agreement shall be governed by and construed in accordance with the laws of Texas without regard to conflicts of law principles. This provision shall not restrict B REDY from seeking preliminary or permanent injunctive relief in a court of competent jurisdiction.
  15. Subject to the requirements of paragraph 10 herein, the parties consent to exclusive jurisdiction and venue before any court in Fort Bend County, Texas for the limited purposes of enforcing an arbitration award, pursuing an action for equitable relief, or litigating a matter not subject to arbitration pursuant to this Agreement. The prevailing party in any such action shall be entitled to recover its reasonable attorney's fees and costs.