VIVE Mood LLC Terms & Conditions
I hereby apply to become an Independent Associate of the VIVE Mood LLC sales and
marketing program. As an Associate, I understand and agree that:
1. I am of legal age in the state in which I enter this Agreement.
2. I shall become a Company Associate upon acceptance of this application bythe Company.
As an Associate, I shall have the right to sell the products and services offered by the
Company in accordance with the Company’s sales and marketing program and
accompanying Statement of Policies and Procedures, which may be amended and changed
from time to time.
3. I have carefully reviewed the Company’s sales and marketing plan, rules and regulations,
policies and procedures and acknowledge that they are incorporated as part of this
Agreement in their present form and as modified from time to time by the Company.
4. The term of this Agreement is one year. Unless otherwise directed by the account holder or
the Company, the account on file will be billed and the renewal process will happen
automatically on the twelve-month anniversary registration date unless the company is
provided a termination request prior to the Agreement bill date renewal. The renewal fee is
$49.95 and $8 annual fee for ICAA members. After 45 days, without a successful charge for
the renewal fee, the account will go into an inactive status. Under all circumstances, whether
automatic billing or payment, the renewal fee must be received no later than 90 days after the
due date. After this 90 day grace period, the Company has the option to reclassify your status
to that of a Retail Customer. As a customer, you cannospt onsor new Entrepreneurs or
5. Upon acceptance of this application by the Company, I will be an independent contractor
responsible for my own business and not an employee of the Company. I will not be treated
as an employee in regard to any laws covering employees, including but not limited to the
Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment
Tax Act, income tax withholding at source or for any federal or state tax laws. It is my
responsibility to pay self employment, state and federal income taxes as required by law.
6. I will not use the Company’s trade name and/or trademark except in the advertising provided
to me by the Company or in other advertising without prior written approval by the
7. Any Entrepreneurs, who sponsor other Associates, must fulfill the obligation of assisting in
the distributing and selling of products to the ultimate consumer and in the training of
those sponsored. Entrepreneurs must have appropriate contact, communication and training
his or her sales organization. Examples of such training may include, but are not limited to,
newsletters, written correspondence, personal meetings, telephone contact, voice mail,
electronic mail, training sessions, accompanying individuals to Company training, and
sharing genealogy information with those sponsored. Associates should be able to provide
evidence to the Company of ongoing fulfillment of sponsor responsibilities. If an Associate
is an Enroller in the sales and marketing program entitled to Enroller bonuses, then the
Enroller is obligated to the same responsibilities of supervisory, communication and training
activities with respect to Associates he or she has enrolled, irrespective of whether the
Enroller is also the Sponsor of those Associates.
10. The company’s sales and marketing program is built upon retail sales to the ultimate
consumer. The company also recognizes that Associates may wish to purchase product or
service(s) in reasonable amounts for their own personal or family use. For this reason, a
retail sale for bonus purposes shall include sales to non-participants, as well as sales to
Associates for personal or family use which are not made for purposes of qualification or
advancement. It is company policy to prohibit the purchase of product or large quantities of
inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or
advancement in the sales and marketing program. Associates may not inventory load nor
encourage others in the sales and marketing program to inventory load. Associates must
fulfill published personal and downline retail sales requirements, including required retail
sales to non-participants, as well as supervisory responsibilities to qualify for bonuses,
overrides or advancements.
11. The Associate acknowledges that they are an independent marketing representative who
establishes and services retail customers for Company products as an independent
contractor. The position of Associate does not constitute either a sale of a franchise or
distributorship. This Agreement is not intended and shall not be construed to create a
relationship of employer, employee, agency, partnership, or joint venture between any
Associates or the Company.
As an independent contractor, the Associate shall:
a. Abide by any and all federal, state, county and local laws, rules and regulations
pertaining to this Agreement and/or the acquisition, the receipt, holding, selling,
distributing or advertising of Company products.
b. At the Associates own expense he or she must produce, execute, or file all such
reports and obtain such licenses as are required by law or public authority with
respect to this Agreement and/or the receipt, holding, selling, distributing or
advertising of Company products.
c. Be solely responsible for declaration and payment of all local, state and federal
taxes as may accrue because of the Associates activities in connection with this
12. No purchase or investment is necessary to become a Company Associate other than the
purchase of a registration pack, which is sold “at Company cost.” (Purchase is optional in
North Dakota). This “at cost” registration pack fee covers basic and ongoing sales and
marketing materials, and support in both written, and electronic and online media formats,
including product and service updates.
As an extension to the initial “at cost” registration pack, a $9.95 monthly fee will be charged
for expanded “at cost” ongoing sales and marketing materials support, including back office
accounting review, training updates, replicated website and communication tools to support
the sales and marketing process. By submitting this Application and Agreement, Associate
specifically authorizes this monthly fee to be charged to the Associate’s on-file debit or credit
card (or other form of payment acceptable to the Company) each month for as long as he or
she remains an Associate.
13. Prior written approval from the Company is required for the following:
a. To advertise Company products
b. Issuance of an Associate position in a corporate name.
14. The Company may immediately terminate an Associate who discredits the Company’s name,
violates any requirement contained in this Agreement, Company Policy and Procedures or
training manuals or misrepresents the Company’s products or business opportunity by
making claims contrary to the Company’s product literature and labels.
15. This Agreement constitutes the entire Agreement between the Associate and Company and
no other additional promises, representations, guarantees or agreements, of any kind, shall
16. This Agreement shall be governed by the laws of the state of Tennessee. All claims,
disputes and other matters between the parties of this Agreement according to the
Policies and Procedures when stated, shall be brought in the Knoxville County District
Court in Knoxville, Tennessee, or in the U.S. District Court for the District of
Tennessee, in Knoxville, Tennessee.
17. I acknowledge that I have read, understand and agree to the terms set forth in this
18. This Agreement is not in force until accepted by the Company.
19. The Company’s direct selling opportunity is currently not available in Montana, nor to
The Company will not accept applications from Montana residents
3/27/2020 © Copyright 2020 VIVE Mood LLC. All Rights Reserved.