TALK FUSION

Independent Associate Terms and Conditions

1. Applicant is required to read thoroughly and understand the Terms and Conditions, Statement of Policies and Procedures, and Terms of Service of the Company from the website named www.talkfusion.com. This application/agreement form is considered as an authentic and legally binding contract. This contract is between the Applicant (hereinafter also referred to as Associate) and Talk Fusion, Inc., including its subsidiary, Talk Fusion India Private Limited (hereinafter also referred to as Company).

If the Applicant agrees to adhere to and abide by the conditions mentioned hereunder and in the website named www.talkfusion.com, he/she shall become an Associate upon payment of the prescribed Associate’s Fee/ Video Communication Service price to the Company and submission of Registration Verification Form and the outlined required Documents, if applicable,

I understand that as a Talk Fusion Associate:

2. The Applicant or Applicant’s Guardian should have completed a minimum 18 years of age and shall be competent to enter into this Contract, as provided in the “Indian Contract Act”, if applicable.

3. If the Applicant is a Partnership Firm/Private Limited Company, then the Applicant has to provide all necessary Documents pertaining to the partnership, during the registration to become an Associate, including all relevant Partnership deeds and the relevant MOU.

4. Associate agrees to present the Talk Fusion Compensation Plan and Talk Fusion Services, as set forth in official Talk Fusion literature.

5. Associate agrees that as a Talk Fusion Associate, he or she is an independent contractor, and not an employee, partner, legal representative, or franchisee of Talk Fusion. Associate agrees that he or she will be solely responsible for paying all expenses incurred by him or her, including, but not limited to, travel, food, lodging, secretarial, office, long distance telephone and other expenses. ASSOCIATE UNDERSTANDS THAT HE OR SHE SHALL NOT BE TREATED AS AN EMPLOYEE OF TALK FUSION FOR FEDERAL OR STATE TAX PURPOSES. Talk Fusion is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind in the U.S. With regards to payments of any kind, made by or paid to any Associates or entities in India, TDS shall be deducted at the prescribed rate. Associate cannot bind the Company, in any manner nor does he/she have any authority to bind the Company or to represent or speak on behalf of the Company.

6. Associate has carefully read and agrees to comply with the Talk Fusion Statement of Policies and Procedures, the Talk Fusion Global Compensation Plan and the Talk Fusion Terms of Service, all of which are incorporated into and made a part of these Terms and Conditions (these documents shall be collectively referred to as the "Agreement"). Associate understands that he or she must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Talk Fusion. Associate understands that the Talk Fusion Policies and Procedures, the Talk Fusion Compensation Plan and/or the Talk Fusion Terms of Service may be amended at the sole discretion of Talk Fusion Global, and Associate agrees to abide by all such amendments. Notification of amendments shall be posted on Talk Fusion's website, www.talkfusion.com. Amendments shall become effective 30 days after publication. The continuation of my Talk Fusion business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.

7. An Associate may not assign any rights or delegate any duties under the Agreement without the prior written consent of Talk Fusion. Any attempt to transfer or assign the Agreement without the express written consent of Talk Fusion renders the Agreement voidable at the option of Talk Fusion and may result in termination of Associate’s business.

8. Talk Fusion its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and Associate releases Talk Fusion and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. Associate further agrees to release Talk Fusion and its affiliates from all liability arising from or relating to the promotion or operation of his or her Talk Fusion business and any activities related to it (e.g., the presentation of Talk Fusion Products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Talk Fusion for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that Associate undertakes in operating their business.

9. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.

10. If any provision of the Agreement is held to be invalid or unenforceable, only such portion of the provision as is held to be invalid or unenforceable shall be severed from the Agreement and reformed only to the extent necessary to make it enforceable. The balance of the Agreement will remain in full force and effect.

11. Dispute resolution, jurisdiction and venue shall be governed as set forth in the Statement of Policies and Procedures.

12. If an Associate wishes to bring an action against Talk Fusion for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Talk Fusion for such act or omission. Associate waives all claims that any other statutes of limitations applies.

13. Associate authorizes Talk Fusion to use his or her name, video, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.

14. An electronic file or faxed copy of the Agreement shall be treated as an original in all respects.

15. Customers placing an order for Video Communication Services from the Company, in India, will have to pay via Demand Draft, Online Transfer or Credit Card. All other countries will pay online with Credit Cards. The Services are only refundable as detailed in the Talk Fusion Policies & Procedures, Talk Fusion Terms & Conditions, Talk Fusion Terms of Service, and the Talk Fusion Refund & Cancellation Policy, all of which appear at www.talkfusion.com.

16. The Company has not authorized any Official, Officer or Associate of the Company to receive any amount in cash on behalf of the Company towards the Associate’s Fee, or cost of the Services. The Company under no circumstances will accept any payment in cash. If any person makes any payment in cash, it will be at his or her own risk and under no circumstances will the Company be answerable to such unauthorized cash payments.

17. The Associate will be eligible for incentives of income only as per the volume of business done by him or her that is also subject to the eligibility norms formulated by the Company and as outlined in the Compensation Plan. The Company does not assure any incentive of income to the Associate merely on account of his/her joining the Company, and the Compensation Plan as detailed on www.talkfusion.com.

18. The Company will approve the Associate and issue an email notifying the receipt /status of all required documents, and a registration that will carry the password and an identification number known as “ID Number”. This password and ID Number have to be quoted by the Associate in all of his/her transactions and correspondence with the Company.

19. The Company will, in no case, entertain any communication without the ID Number and password.

20. Company reserves the right to apply service charges.

21. The Associate shall bear true faith and allegiance to the Company and shall uphold the integrity and decorum of the Company and shall maintain good relations with other Associates and other customers.

22. The Associate shall always behave and act in a dignified manner befitting the status of an Associate of this reputed and leading network marketing company.

23. The Associate shall not compel, induce or mislead any person with any false statement/ promise to join the Company or purchase any Video Communication Service.

24. The Company will not be answerable for any promise, assurance given by any Associate to any person, unless it is in accordance with the approved business plans and terms outlined by Talk Fusion’s Terms of Service, Policies & Procedures and Terms & Conditions, which appear at www.talkfusion.com. Hence, the Applicant/Independent Associate shall go through the website www.talkfusion.com, and the brochures and notices issued by the Company, and adhere to the all terms formed by the Company. If any Associate is found guilty of not observing the same, then without prejudice to the rights of the Company under the law, then he/she will be terminated from the Company. Through these Company sources, he/she will fully inform himself/herself on all these matters.

25. The Applicant/Associate shall ensure that all the information furnished to the Company is correct and properly entered.  Any request for correction furnished by the Associate as to his/her sponsor or placement details will not be entertained.

26. The Company reserves the right to reject any Associate’s application at its own discretion.

27. Associate will bear utmost honesty and uprightness to other Associates, Prospective Associates and other clients of the Company.

28. Associate fully understands and is convinced of the Terms and Conditions with the norms of the Company.

29. Associate understands that, being a freelance Independent Associate, he or she will not be an agent or an employee of the Company. Hence, he or she has no authority to bind the Company or to speak on its behalf.

30. Associate declares that he or she has not been given any assurance or promise by the Company or its Senior Level Associates as to any income on account of the initial payment made by him or her. However, Associate understands that he or she will be eligible for income/incentives depending upon the volume of business done by him or her as per company terms.

31. Associate will not promote the business of other companies in the office, premises and meeting hall or wherever the activities of the Company takes place.

After carefully reading these Terms and Conditions and all documents called to herein, and in the websitewww.talkfusion.com, I hereby agree to the same, and join as an Independent Associate of Talk Fusion, of my own accord.



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