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Untitled DocumentREFERRAL DISTRIBUTOR AGREEMENT

This agreement consists of three separate agreements between you and various entities as noted in the specific agreements: (1) the Distributor Agreement, (2) the Indemnity and Limitation of Liability Agreement, and (3) Arbitration Agreement. Unless separately defined in any of these agreements, the meaning of capitalized terms is consistent with their definition in the Contract as defined in the Distributor Agreement. Any undefined term in these agreements will have the meaning attributed to it in the Policies and Procedures. The term "247 SmartLife." may be used as a reference to the local affiliated companies of 247 SmartLife., in the Authorized Countries, or their products and services. 247 SmartLife is the "exclusive" worldwide marketing distributor for 247 SmartLife..

A. Distributor Agreement and Automatic Monthly Services (AMS).

The Distributor Agreement, which includes the terms of your participation in the Automatic Monthly Services Program, is between you, the independent Distributor, ("Distributor" or "I" or "me") and 247 SmartLife., with its marketing offices located at 23421 South Ponte, Laguna Hills, California ("Company").

1. Integrated Agreement

The Distributor Agreement is an integrated agreement that consists of this Distributor Agreement, the Policies and Procedures, the Sales Compensation Plan, and materials pertaining to optional programs, as each may be amended, and are incorporated herein by reference and may be collectively referred to as the "Contract." Wherever the context requires, all words using the male gender are deemed to include the female, all singular words will include the plural and all plural words will include the singular.

2. Independent Contractor

I acknowledge and agree that as a Distributor, I am an independent contractor of the Company. I am not an employee, agent, or legal representative of Company, and except as permitted by the Contract, I am not authorized to act on behalf of the Company. Nothing in this Contract is intended or will be deemed to constitute a partnership, agency, employer-employee, or a joint venture relationship between the Company and me.

3. Marketing of Products and Services

(a) I understand that there are no minimum purchases or inventory requirements. I agree that I have the right to purchase products at wholesale and will promote the retail sale of the products and services of the Company in accordance with the terms and conditions of the Contract.

(b) I agree not to make any claims about the products, services, and Sales Compensation Plan unless they are contained on Company labels or in official Company literature. The Company will pay me bonuses for the sale of the Company's products and services less returns ("Bonuses"). I understand and agree that, in order to be eligible to receive Bonuses, I must meet all requirements outlined in the Sales Compensation Plan, including retail sales, and not be in violation of the terms of the Contract.

(c) I agree to encourage, supervise and assist my Downline Organization's efforts to sell Company products and services to retail customers.

4. Security Products and Services Option

When you activate your monthly service, you can choose to add the 247 SmartLife home and business alarm system packages and custom systems that we offer. The Wireless Security Systems basic package start around $30 a month financed which includes all monitoring services for first 12 months then $29.95 a month.

5. Ordering Security System

You can order your do-it-yourself security system from 247 SmartLife – you can order here online at get 247 SmartLife or call our main offices at: (888) 546-5167.

6. OWNERSHIP AND REFUND

247 SmartLife has a continuous money back guarantee, so we are happy to refund your money. (When we say money back – we mean it!) We will even pay to ship the wireless security system back to us. All you need to do is call us at 1(888) 546-5167 and we will walk you through how to return the system to us. We will send you a postage prepaid return slip – you just need to pack up the system and stick the prepaid label on the box. You can then give the box to your US Postal Service mail carrier or drop it at any Post Office. Once we receive the system, we will issue a refund within 5 business days. If a credit card was used, that same credit card will be credited. If you used another method of payment, we will send you a check.

7. INSTALLATION.

The 247 SmartLife system arrives to you by mail and is completely installed by you.  The system is pre-programmed with all your sensors and video camera to your account and monitoring station.  All you have to do is follow the simple instructions to connect your system to your home’s existing WiFi network.  You will also need to download the 247 Smart Life mobile App on your smart phone (Android and Apple) to activate and control the system.  Everything you need to set up the 247 HomgGuard Home Security System is included. If you do have access to a computer, you will have access to additional features and settings, but it is not required. Just plug your system to 110 electric socket and follow the Easy Setup Wizard will launch and guide you through setting up and using your home security system. Technical support is available for you M-F 8am to 6pm (PST) at 1 (888) 546-5167.

8. LIMITATION OF LIABILITY.

A. INSURANCE; WAIVER OF SUBROGATION. I AGREE THAT  247 SmartLife IS NOT AN INSURER AND THAT 247 Smart Life IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. THE AMOUNTS I PAY 247 Smart Life ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF MY PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN MY PREMISES OR ANY RISK OF LOSS AT MY PREMISES. INSTEAD, THE AMOUNTS 247 Smart Life CHARGES ME ARE BASED SOLELY UPON THE VALUE OF THE EQUIPMENT AND SERVICES 247 Smart Life PROVIDES AND UPON THE LIMITED LIABILITY 247 Smart Life ASSUMES UNDER THIS CONTRACT. IF I WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT MY PREMISES, I WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, I WILL LOOK EXCLUSIVELY TO MY INSURER AND NOT TO 247 SmartLife TO COMPENSATE ME OR ANYONE ELSE. I RELEASE AND WAIVE FOR MYSELF AND MY INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST 247 SmartLife ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.

B. NO GUARANTEE; NO LIABILITY. 247 SmartLife EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. OTHER THAN THE LIMITED WARRANTY AND/OR QUALITY SERVICE PLAN SET FORTH IN PARAGRAPHS 9 AND 10 BELOW, 247 SmartLife MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. 247 Smart Life DOES NOT UNDERTAKE ANY RISK THAT I OR MY PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH ME, NOT 247 Smart Life. I RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST 247 SmartLife FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE EQUIPMENT OR SERVICES PROVIDED BY 247 SmartLife.

C. EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY  247 SmartLife TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL I ATTEMPT TO HOLD  247 SmartLife LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 5,  247 SmartLife IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES AND/OR EQUIPMENT PROVIDED BY  247 SmartLife 247 SmartLife LIABILITY TO ME SHALL BE LIMITED TO A SUM EQUAL TO 10% OF THE ANNUAL SERVICE CHARGE OR $500, WHICHEVER IS GREATER. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS MY SOLE REMEDY. UPON MY REQUEST, 247 SmartLife MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS PARAGRAPH 5 BY ATTACHING AN AMENDMENT TO THIS CONTRACT SETTING FORTH THE EXTENT OF  247 SmartLife LIABILITY AND THE ADDITIONAL CHARGES TO ME.

D. APPLICATION. THE PROVISIONS OF THIS PARAGRAPH 5 APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY 247 Smart Life OF ITS OBLIGATIONS UNDER THIS CONTRACT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF  247 SmartLife ITS AGENTS OR ITS EMPLOYEES.

E. INDEMNITY. IF ANY OTHER PERSON, INCLUDING MY SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST  247 SmartLife IN ANY WAY RELATED TO THE EQUIPMENT OR SERVICES PROVIDED BY  247 SmartLife TO ME, I AGREE TO INDEMNIFY, DEFEND AND HOLD  247 SmartLife HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS’ FEES. MY DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM MY DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST 247 Smart Life AND REGARDLESS WHETHER  247 SmartLife HAS BEEN FOUND LIABLE OR WHETHER  247 SmartLife HAS INCURRED ANY EXPENSE.

F. TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST  247 SmartLife MORE THAN ONE (1) YEAR AFTER THE DATE OF THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE, OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF GREATER THAN ONE (1) YEAR.

G. BENEFIT TO OTHERS. THE PROVISIONS OF THIS PARAGRAPH 5 SHALL APPLY TO AND BENEFIT 247 Smart Life AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS AND OTHER PARTNERS.

6. OTHER PARTY’S LIMITATION. IF I PURCHASED EQUIPMENT OR SERVICES FROM 247 Smart Life THROUGH ANOTHER BUSINESS OR PERSON, OR FROM 247 SmartLife THROUGH A REFERRAL FROM ANOTHER BUSINESS OR PERSON, I AGREE THAT SUCH OTHER BUSINESS OR PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR AND HAS NO RESPONSIBILITY OR LIABILITY TO ME FOR THE PERFORMANCE OR NONPERFORMANCE OF THE EQUIPMENT OR SERVICES PROVIDED BY  247 SmartLife I ALSO AGREE THAT ANY SUCH BUSINESS OR PERSON IS ENTITLED TO THE SAME RIGHTS AS  247 SmartLife UNDER THIS CONTRACT, INCLUDING PARAGRAPH 8.

11. Refunds

For thirty (30) days from the submission date of this Distributor Agreement I may obtain a 100% refund for the required Business Portfolio and a 90% refund thereafter in accordance with the refund policy in the Policies and Procedures. Subject to any restrictions in the aforementioned refund policy or special terms disclosed at the time of purchase, all unopened, resalable products and services that are returned within30 days of the Distributor's order date are eligible for a 90% refund, less applicable Bonuses paid, shipping and handling costs. (Connecticut residents may obtain a 100% product refund for 30 days after entering Distributor Agreement).

12. Representations and Warranties

I represent and warrant that I am authorized to enter this Contract and that I have met all legal requirements to enter a valid contract in this market. When executed and delivered by me and accepted by the Company, the Contract constitutes a legal, valid and binding obligation. I also represent and warrant that: (a) the information provided by me in the Contract is accurate and complete and that the providing of false or misleading information authorizes the Company, at its election, to declare the Contract void from its inception; (b) the social security number or federal tax identification number provided in this Distributor Agreement is my correct tax payer identification number for United States income tax purposes; (c) I, if an individual, am a United States citizen or a lawful permanent resident of the United States or, if a business entity, such as a corporation, partnership, limited liability company, or any other form of business organization, formed in the United States, it is legally formed under the laws of the state in which it was organized and that each member of the business entity has proper legal authorization to conduct business in the United States. I further represent and warrant that neither I nor my partner/spouse (or if a corporation or other business organization any participant therein who is or should be listed on the Partnership/Corporation Form) have been engaged in Business Activity in another Company distributorship in the six months (one year in the case of those having held an executive equivalent or higher pin-title under the Sales Compensation Plan) immediately preceding my sign up under my Sponsor as identified in this Agreement.

13. Bonus Check Direct Deposit

(a) I authorize the Company to deposit the payment of any Bonuses to my account at the financial institution designated by me. This authorization will remain in full force and effect until (i) Company has received written notice from me of my withdrawal from the direct deposit program, and (ii) Company has a reasonable opportunity to make such a change pursuant to my notice. I understand that this authorization replaces any previous authorization and will remain in effect until Company receives written notice of my withdrawal from the direct deposit program.

(b) I agree that I must notify Company immediately (i) prior to changing or closing the above account, or (ii) if my financial institution changes my routing number or account number. Failure to notify Company of account number changes may delay my receipt of Bonuses. If I change my financial institution and/or account number, I must fill out a new Direct Deposit Authorization Form and send it to Company before I close my existing account.

(c) Company will not be liable to me for failing to access my account or provide direct deposits to my account in a timely manner unless such failure or loss is a direct result of Company's gross negligence or intentional misconduct. The Company's liability will not exceed the amount of the funds that would have otherwise been deposited.

14. Authorization to Transfer Personal Information

In order for the Company to provide support for my 247 SmartLife distributorship, I authorize the Company to transfer and disclose personal and/or confidential information, which (a) I have provided to the Company in connection with my distributorship sales organization, or (b) that has been developed as a result of my activity as a Distributor, to (i) its parent and affiliated companies, (ii) and to my  247 SmartLife independent upline distributors when necessary to ensure proper upline support, and (iii) to applicable government agencies or regulatory bodies if required by law. I further authorize the Company and its affiliated companies to use my personal information for distributor recognition and marketing materials.

15. Indemnity

I will indemnify and hold the Company and their affiliated companies, and each of their shareholders, officers, directors and employees harmless from and against any claim, demand, liability, loss, action, causes of action, costs, or expenses, including, but not limited to, reasonable attorney's fees, resulting or arising from, directly or indirectly, any acts or omissions by me in conducting my independent  247 SmartLife business, including without limitation, breach of representations and warranties, material breach of the Contract, ISA, or any other claims or causes of action.

16. Limitation of Liability

I agree that the Company, 247 SmartLife and their affiliated companies will not be liable for any special, indirect, direct, incidental, punitive, or consequential damages, including loss of profits, arising from or related to the breach of the Contract. I agree that the entire liability of the Company, 247 SmartLife and their affiliated companies for any claim whatsoever related to my relationship with the Company and 247 SmartLife including but not limited to any cause of action arising in contract, tort, or equity, will be limited to the cost of products that I have purchased from the Company under the Contract.

17. Arbitration Agreement

1. THIS CONTRACT IS SUBJECT TO A MEDITATION AND ARBITRATION POLICY. California SHALL BE THE EXCLUSIVE VENUE FOR MEDIATION, ARBITRATION OR ANY OTHER RESOLUTION OF ANY DISPUTES ARISING UNDER OR RELATED TO THIS CONTRACT. The place of origin of this Contract is the State of California, USA, and it will be governed by, construed in accordance with, and interpreted pursuant to the laws of California, without giving effect to its rules regarding choice of laws. The exclusive venue for any and all disputes and actions arising under or related to this Contract, or any and all disputes between distributors arising out of or related to a distributorship or this Contract, to enforce this Contract, or any other claim (whether based in contract, tort, statute, law or equity), including the validity of the arbitration provision, place of venue, and jurisdiction, shall be in Orange County, California. The Parties consent to the personal jurisdiction of said courts within the State of California and waive any objection to improper venue.

2. I agree that any past, present or future claim, dispute, cause of action or complaint, arising under or related to this Contract, or any and all disputes between distributors arising out of or related to a distributorship or this Contract, to enforce this Contract, or any other claim (whether based in contract, tort, statute, law or equity), including those which I may have or allege to have against the Company or any of its affiliated companies, or their owners, directors, officers or employees, or any other distributor, which arise as a result of or in connection with my sales teams, or my right to sponsor, or my sponsoring and distributor activities, or otherwise arise out of this Contract, will be resolved and settled in accordance with and pursuant to the terms and conditions of this Contract, and by (a) mediation in accordance with the rules and procedures set forth in the Company's Mediation and Arbitration Policy ("Arbitration Policy"), which is set forth in the Policies and Procedures or may be viewed online in the My Office section of any division web site; or if not resolved or settled by mediation, by (b) arbitration in accordance with the Arbitration Policy. The arbitration proceedings will be conducted in Orange County, California. The arbitration will be conducted in the English language, but at the request and expense of a party, documents and testimony will be translated into another language. One arbitrator will be appointed to hear and decide disputes, which arbitrator will be selected by mutual consent of both parties. The parties will each bear their own costs and expenses and an equal share of the (i) cost of the arbitrator and (ii) administrative fees of arbitration. Neither the parties nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction.

3. By accessing any Company web site, or a web site of an affiliated company, and using the information therein, or by purchasing any products or services made available through said web sites, or purchasing any products from the Company or its affiliated companies, or receiving a Bonus from the Company or its affiliated companies, I agree to be bound by the Arbitration Agreement. I have previously reviewed the Contract, or agree, before conducting any Distributor activity, to do so online at https://247smartlife.com. If I refuse to follow any provision of the Contract, I agree to notify the Company, in writing, and cancel my distributorship. If cancelled within the next thirty days, I will receive a refund for products and materials returned in accordance with Paragraph 4 of the Distributor Agreement and the Contract.

Acknowledgment:

I understand that the only required purchase to become a Distributor is the non-commissionable, not-for-profit Business Portfolio not exceeding $5, plus state sales tax, which contains information about the opportunity, products and forms. I understand that the purchase of any product or service, including Product Packages (Step 2) and Automatic Delivery Rewards (Step 3), is optional and is not required to become a Distributor; I understand that if I purchase a Product Package, I will separately receive a free Business Portfolio and need not purchase it. If I have elected to participate in the Automatic Delivery Rewards Program, then subject to the terms and conditions of this Contract, I agree that I will (i) receive the quantities of products I have selected, and (ii) pay for them by the method I have selected. I certify that I am 18 years old and legally able to enter into this Contract, Indemnity and Arbitration Agreements, and agree to be bound by the terms and conditions of the Contract, Indemnity and Arbitration Agreements.

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