User (“You”) understands there is no upfront financial requirement to join the Enigma Global Network (“EGN” or “Company”). You certify that, by clicking/signing below, that You are at least 18 years old and that You agree to be bound by this Customer and Membership Agreement (“Agreement”). You agree and certify that You have completely and thoroughly read this Agreement in its entirety and/or any other document produced by EGN regarding customers and members of EGN. EGN, its employees, affiliated companies, directors, employees, assigns, and agents operate under a strict Code of Ethics, which includes dealing with the return of product inventory from EGN customers and members.
EGN is a company in the affiliate market space that is registered in the state of Nevada of the United States. EGN is headquartered in Carson City, Nevada. The products and services supplied are rack/hosting space for computer equipment and electrical pro-rated services (the “Products”) which EGN may offer through third-party companies at its own discretion. Sales of these Products are made available by EGN to its customers and members, who are independent contractors, that participate in the opportunity that the EGN company provides. You understand, that should You make the decision to become a Member with EGN that You are registering and contracting with EGN for the purpose of promoting via an affiliate marketing model of its products and services which EGN makes available to You as a Member and also any potential customer. Your association with the company and potential future companies, as needed, will also be referenced, or may be referred to collectively as (“EGN”). Each company within the EGN association of companies may assign its rights to either company without notice. EGN has the responsibility to promote the sale of Products within the United States as well as all Products of NON-US origin wherever distributed. For administrative convenience, commissions that are paid under the affiliate Plan generally will be issued to You in a single direct payment transaction or similar instrument or transaction, combining, for Your convenience, the commissions earned by both U.S. and NON-U.S. sales.
I understand that as a CUSTOMER of EGN:
- I have the right to purchase ALL products and services from EGN associated EGN companies at a retail price.
- I can and may earn credits, redeemable only towards my next purchase.
- I am not allowed to participate in the Affiliate Plan, also known as a compensation plan.
I understand that as a MEMBER of EGN:
- I have the right to offer for sale all products and services from EGN and any associated EGN companies.
- I have the right to enroll new customers in EGN.
- When I become a certified MEMBER, I have the right to earn commissions pursuant to the Rewards Plan offered by EGN.
- I agree to present only the EGN Rewards Plan, Products, Services and any product or service that is available through OFFICIAL EGN LITERATURE.
- I understand that I am an independent contractor as stated in EGN Policies & Procedures.
- I have thoroughly read, understand, and will comply with the EGN Policies & Procedures.
- I have thoroughly read, understand, and accept the Privacy Policies that are in force with EGN.
The term of this Agreement is 1 (one) year. If I fail to annually renew My EGN business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a MEMBER. I will not be eligible to sell EGN Products and Services nor shall I be eligible to receive commissions, bonuses, rewards, credits, or other income resulting from the activities of My former sales organization. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including property rights, to My former sales organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of My former downline organization. EGN reserves the right to terminate any MEMBER Agreements upon thirty (30) days notice if EGN elects to:
- cease business operations;
- dissolve the business entity;
- terminate distribution of its products and/or services via direct selling channels. Member may cancel this Agreement at any time, and for any reason, upon written notice to EGN at its principal business address provided on the EGN website.
- EGN may cancel this Agreement for any reason upon 30 days advance written notice to any MEMBER including myself.
- The Agreement, in its current form and as amended by EGN at its discretion, constitutes the entire contract between EGN and Me. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
- If any provision of the Agreement is held to be invalid or unenforceable, 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 effect.
- In the event of any disputes between EGN and Myself, I agree to first pursue mediation in a good faith effort to settle My dispute with EGN fairly and effectively. In the event that the dispute is not resolved at the close of mediation, I agree to resolve any surviving claim with EGN through binding arbitration.
- This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.
- All disputes and claims relating to EGN, its companies, the CUSTOMER and MEMBER Agreement, the EGN Affiliate Plan or its products and services, the rights and obligations of an independent contractor and EGN, or any other claims or causes of action relating to the performance of either an independent contractor or EGN under the Agreement or the EGN Policies and Procedures shall be settled totally and finally by Arbitration in Carson City, Nevada, or such other location as EGN 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 discovery rights allowed under the Federal Rules of Civil Procedure.
- All issues related to arbitration shall be governed by the Federal Arbitration Act. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in this Agreement shall prevent EGN from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
- Any and all parties consent to jurisdiction and venue before any federal or state court in Carson City, State of Nevada, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
- MEMBERS or CUSTOMERS waive all claims against EGN if not sought within 1 YEAR of the occurrence, any act or omission of this agreement.
- I authorize EGN to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
- Survival of any provision of the Agreement which, by its terms, is intended to survive termination or expiration of the Agreement shall so survive, including, without limitation, the arbitration, non-competition, non-solicitation, trade secrets and confidential information covenants contained in our Policies and Procedures and as being a member of EGN. Neither party will have the right to participate in a class action as a class representative or a class member, or act as a private attorney. Nor will there be joinder, consolidation, or class treatment of any claims.