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	Members Agreement (Click here to print it )
American Discount ADS, Inc. Affiliate Member Agreement This Affiliate Member Agreement ("Agreement") is made and entered into by and between American Discount ADS, Inc. (hereinafter referred to either as "American Discount ADS, Inc." or "Company") and you as an affiliate member of American Discount ADS, Inc. and participant in its related "referral" marketing plan (hereinafter referred an "Affiliate Member"). This Agreement also includes other important agreements or documents that set forth terms, conditions and other representations including but not limited to the Compensation Plan, which is published on the American Discount ADS, Inc. Internet web site and is incorporated herein by reference. As part of becoming an Affiliate Member of American Discount ADS, Inc., you agree that you willingly accept all the terms and conditions of the Agreement. Please read the following information carefully. American Discount ADS,Inc, may revise this Agreement from time to time without prior notice. You should visit this page periodically to review this Agreement, because the Agreement is binding on you. This Agreement also incorporates by reference other important agreements or documents that set forth terms, conditions and other representations relating to your becoming and remaining an Affiliate Member of American Discount ADS, Inc. including but not limited to the Compensation Plan, which published on the American Discount ADS, Inc. Internet web site. AS AN AFFILIATE MEMBER, YOU HAVE A RIGHT TO CANCEL THIS AGREEMENT AT ANY TIME, REGARDLESS OF REASON. IF YOU WISH TO CANCEL THIS AGREEMMENT, YOU MUST SEND THE COMPANY WRITTEN NOTICE. IN LIEU OF WRITTEN NOTICE, THE COMPANY WILL ACCEPT AN E-MAIL TO repsupport@americandiscountADS.com As an Affiliate Member of the Company, you make the following representations: 1) Your person or business referred by has informed you that pursuant to American Discount ADS,Inc. 100% retail sales policy, no fee or consumer purchase is required or is a means by which to become a commissionable American Discount ADS Independent Representative. 2) You are of legal age in the state of your residency. You agree that you are an independent contractor, responsible for determining your own business activities and not an agent , employee or legal representative of the Company. You will not represent in any manner that you are an agent, employee for legal representative of the Company. You are responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state, or regulatory taxing agency. 3) This position does not constitute the sale of a franchise or the sale of an Affiliate Member position, and no fee or consumer purchase has been required of you for your becoming an Affiliate Member. 4) In presenting American Discount,Inc ADS consumer products and informing others about the opportunity to become a American Discount ADS,Inc Affiliate Member, you agree that such presentations and related information shall be strictly conveyed in accordance with the following guidelines, and that you will be terminated as an Affiliate Member if you fail to abide by the following: a) In each presentation regarding the Affiliate Member position, you will directly inform the prospect that no fee or consumer purchase is required or is a means to become a commissionable American Discount ADS, Inc. Affiliate Member. b) Except as provided in Section 12 herein, Affiliate Members will only use sales materials provided by American Discount ADS, Inc. 5) In order to maintain a viable marketing program and to comply with changes in federal, state, or local laws in economic conditions, American Discount ADS, Inc. may provide additional or modified policies and procedures for Affiliate Members from time to time, as well as modifications to its Affiliate Member Compensation Plan ("Compensation Plan"). Such polices and procedures and Compensation Plan modifications, and all changes thereto, shall become a binding part of this Agreement upon publication on the official American Discount ADS, Inc. Internet website located at www.americandiscountADS.com. 6) You understand that no attorney general or other regulatory authority has reviewed, endorsed, or approved any product, compensation program or this Company,and you will make no such claim to others. 7) You understand that your Affiliate Member position can be inherited or bequeathed, but cannot be transferred or assigned during your lifetime without prior written consent of the Company which consent will not be unreasonably withheld. Failure to remain an eligible Affiliate Member shall result in automatic suspension of your Affiliate Member status and in such event, Company may elect to terminate this Agreement immediately upon written notice to you (see continuing eligibility requirements described in section 8. below). 8) Unless sooner terminated as set forth herein, this Agreement shall commence on the date on which you accept the terms of this Agreement and shall remain in effect for a period of one (1) year (the "Term"). American Discount ADS, Inc. may require annual or other periodic renewal of this Agreement and may charge renewal fees after the initial Term of this Agreement. 9) American Discount ADS, Inc., Inc.expressly reserves the right to terminate this Agreement upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate referral marketing/multi-level marketing/direct selling methods. Further, Company has the right to terminate this Agreement at its sole election, for any reason, upon thirty (30) days written notice to you. You understand that you have the right to cancel at any time, regardless of reason. In order to cancel, you must send written notice to the Company. In lieu of written notice, the Company will accept an email indicating such cancellation sent to repsupport@americanADS.com. Ongoing eligibility requirements are requirements are outlined in the Compensation Plan, which is published on the American Discount ADS, Inc.Internet web site and is incorporated herein by reference. You understand that Company will pay all compensation earned by you up to and including any termination, cancellation or suspension date of this Agreement. You understand that Company will not pay compensation in arrears for periods during your ineligibility. 10) You understand that your marketing and promotion of American Discount ADS, Inc., its products and services, the American Discount ADS, Inc. opportunity, and the marketing and Compensation Plan shall be consistent with the public interest, avoiding all discourteous,deceptive, misleading, unethical or immoral conduct or practices. 11) You acknowledge that American Discount ADS, Inc. reserves the right to offer and/or sell its consumer products directly to the public or to resellers using marketing and sales channels other than this network marketing program. 12) You understand that all sales materials produced by American Discount ADS, Inc. have been developed to be fair and to comply with the legal requirements of state and federal laws. You further understand and agree that as an Affiliate Member of American Discount ADS, Inc.; a) You have the right to make copies of the sales materials for your personal use. b) It is your responsibility to keep any copied material up to date. You understand that American Discount ADS, Inc. is not responsible to notify you of any revision to the sales materials (such revisions are indicated at the American Discount ADS, Inc.website). c) No representations, other than that as an Affiliate Member of American Discount ADS, Inc., including but not limited to corporate association, partnership, Compensation Plan examples or income possibilities, may be used or made in any way, including but not limited to chat rooms, Third Party Websites, or testimonials. d) You have the right to register the term "American Discount ADS, Inc. Rep","American Discount ADS, Inc. Representative", "American Discount ADS, Inc. Independent Rep", and "American Discount ADS, Inc. Independent Representative" with search engines on the Internet. You have the right to register the term "American Discount ADS" provided that your Third Party Website properly communicates that trademarked status of the American Discount ADS trade name. You have the further right to add your status as an Affiliate Member (example: Ambassador, Presidential Advisor, etc.), as long as you do NOT misrepresent that status. Other search engine registrations may be made, as long as they comply with the terms of this Agreement. e) You acknowledge and certify that you have read, understand and comply with the Direct Selling Association Code of Ethics (available for review at http://www.dsa.org/ethics). 13) You will not use or transmit unsolicited emails or faxes, mass e-mail distribution or "spamming" in order to promote American Discount ADS, Inc. its products, compensation plan and any other aspect of the Company. These restrictions do not include an email or fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom you have established personal or business relationship. 14) You will not promote your Affiliate Member small business nor use the Company name, or the trade names, logos, sales materials, trademarks or service marks of American Discount ADS, Inc. except in materials provided by the Company, or in a manner that properly communicates the trademark status of the American Discount ADS, Inc.trade name. I understand that an unauthorized use or duplication of trademarks or copyrighted material is a violation of federal and state law. 15) You understand that you may not use or register or attempt to register any of American Discount ADS's product names, service marks, service names, trademarks, trade names, the Company's name,or any derivative thereof, for any Internet domain name or into any electronic email address. You further understand that as an Affiliate Member, you may not; (i) register a domain name or URL that contains the word "American Discount ADS, Inc." (example: myAmerican Discount ADS.com ); and, (ii) register a domain name or URL that contains a misspelled version of the word "American Discount ADS, Inc." . 16) You shall not respond to media inquires regarding American Discount ADS, Inc., its products or services, or its independent American Discount ADS, Inc. business without the express written consent and permission of American Discount ADS, Inc. . You understand that all inquires by any type of media must be immediately referred to American Discount ADS's Representative Support Department at repsupport@americandiscountADS. You understand that this policy is designed to assure that accurate and consistent information is provided to the public. (this might not be used with American Discount ADS, Inc. Since we don't have a rep support team.) 17) You are solely responsible for supervising and supporting any and all Affiliate Members you sponsor into the program and in your commissionable down line. You agree to maintain monthly communication and support to those Affiliate Members in your commissionable down line by way of any of the following, or combination thereof: personal contact, telephone communication, written communication including frontline messaging, e-mail and attendance at Affiliate Member meetings. 18) You understand that American Discount ADS, Inc. provides the following support to its Affiliate Members: (i) American Discount ADS, Inc. will maintain your downline organization and its sales for review and reporting purposes to Affiliate Members on the American Discount ADS, Inc.website; (ii) American Discount ADS, Inc. will provide sales aids; and (iii) American Discount ADS, Inc. will provides payment of commission and bonuses pursuant to the Compensation Plan as published on the American Discount ADS, Inc. Internet web site and incorporated herein by reference. You further understand that despite American Discount ADS, Inc. ' best efforts, at times the information posted on the American Discount ADS, Inc. website may not be up to date and may not reflect the accurate, up to the minute status of your organization and sales. 19) Commission and bonus payments: 20) You will not make false or misleading statements about American Discount ADS, Inc. consumer products or the Affiliate Member position. You understand that display of commission information and making of income projections to prospective Affiliate Members are prohibited. 21) You understand an Affiliate Member may not have any ownership interest in or receive commissions from more than one Affiliate Member position. Change of your original sponsor is not permitted. Affiliate Member and subscriber lists and names are owned by Company and may never be used for any commercial purpose without prior written consent of Company. During the active Term(s) of this Agreement and for one hundred eighty (180) days thereafter, you shall not, directly or indirectly, solicit Affiliate Members or subscribers of American Discount ADS, Inc. to other network marketing organizations, except as to those Affiliates Members and subscribers personally sponsored by you. 22) You understand that if this Agreement is cancelled or terminated for any reason, you cannot re-enter into an Affiliate Member Agreement with the Company for minimum period of six (6) months from the termination or cancellation date without the prior written consent of Company. 23) You understand that this Agreement is governed by the laws of Louisiana. The parties agree that any claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association with arbitration to occur at Lafayette, Louisiana. 24) You agree that as an Affiliate Member, you are an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of American Discount ADS, Inc. . You are not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, or in the name of American Discount ADS, Inc. . You understand that you will control the manner and means by which you operate your Affiliate Member organization, subject to your compliance with this Agreement and the Compensation Plan (incorporated herein by reference). You agree that you will be solely responsible for paying all expenses incurred by you, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. 25) You understand that you shall not be treated as an employee of American Discount ADS, Inc. for federal or state tax purposes. American Discount ADS, Inc. is not responsible for federal or state tax withholding, and shall not withhold or deduct from your commissions and/or bonuses,if any, FICA, or taxes of any kind, unless such withholding becomes legally required. Under penalties of perjury, you certify that: a) You are submitting your correct Social Security Number or Employer Identification Number (both collectively referred to as "Taxpayer Identification Number" or "TIN"), and b) You are not subject to backup withholding because: (i) you are exempt from backup withholding, or (ii) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest and dividends, or (iii) the IRS has notified you that you are no longer subject to backup withholding,and c) You are a U.S. resident (including a U.S. resident alien). If federal or State tax withholding becomes legally required for you, you will contact American Discount ADS, Inc. immediately at repsupport@aamericandiscountADS.com 26) You agree, and hereby subscribe, to receive marketing communications and related correspondence via email at the email address provided to the American Discount ADS, Inc. ; provided, however, that you shall have the ability to unsubscribe from such communications by changing your Independent Representatives preferences using the Personal Information Manager when you are logged into the Service at www.americandiscountADS.com 27) You understand that you do not have the ability to unsubscribe from legal or account specific communications sent by the American Discount ADS, Inc. 28) You agree to protect, defend, indemnify and hold American Discount ADS, Inc. , its agents, shareholders, employees, officers, directors, subsidiaries and affiliates, successors, and assigns (individually, and "Indemnified Party", collectively, the "Indemnified Parties"), harmless from and against any and all third party claims, lawsuits, demands, actions, liabilities, losses, damages, and expenses (including but not limited to the amount of any court costs and legal fees) (collectively, "Claims") arising out of or resulting from (i) your breach of this Agreement, (ii) the use by you of the Company's products and/or materials in a manner not specifically permitted by this Agreement, (iii) Claims involving improper labeling or advertising of the Company's products and services by you, or ( iv) Claims that trademarks and /or materials that you use in association with your position as and Affiliate Member, with the exception of any trademarks and materials supplied to you by the Company, infringe the rights of third parties. The Company shall notify you promptly in writing of a Claim for which it may seek indemnification from you under this Section 30. The Indemnified Party shall have the right to participate in the defense of the Claim through counsel of its selection at its own expense. American Discount ADS Inc. shall have the right at all times, in its sole discretion, to control the defense of the Claim, and no Claim shall be settled without American Discount ADS' prior consent. 29) Except only as otherwise required by law, you agree to keep confidential and not disclose to any third party, without the prior written consent of the Company, (i) the terms and provisions of this Agreement and (ii) the trade secrets or financial, marketing or other business information of or concerning the Company. Such confidential information may be disclosed if such disclosure is required by a court of law or government authority in connection with any suit, action or other dispute related to this Agreement,but only to the extent necessary to comply with such compelled disclosure, and after reasonable notice thereof to enable the Company to apply for an appropriate protective order. 30) All written notices to you reference herein shall be sent by the Company via U.S. Registered or Certified Mail, postage prepaid, return-receipt requested, or delivered by courier company, prepaid, to the address provided by you at the time of your registration or as updated in your Personal Information when you are logged into the Service, except that regular mail and e-mail notices to cancel will be accepted. 31) If any provision of this Agreement should be determined by a court of competent jurisdiction to be void or in any measure unenforceable, the parties intend that such determination shall amend or modify this Agreement by eliminating or modifying only those provisions affected by the determination.

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