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- 1. You hereby acknowledge and represent that you are a professional service provider in the field of medicine, physical therapy, chiropractic, wellness.
- 2. We reserve the right to refuse service to anyone for any reason at any time.
- 3. You are permitted to disclose, market and publicize your membership in TCN.
- 4. You are permitted to provide a one-time discount code to each of your clients via this application (“QR Code Discount”).
- 5. You hereby agree not to market, post on social media or publicize in any way offering QR Code Discount to your clients. You also agree not to market, post on social media or publicize any QR Code Discounts.
- 6a. You shall receive a referral fee by the 15th day of the second month following the sale of a Therabody, Theragun, TheraOne merchandise (“Product”) by your clients that use the QR Code Discount. You will not receive a referral fee, credit or any compensation for any purchases by clients who do not use the QR Code Discount, even if such client purchased a Product from Therabody’s website, Amazon or other reseller.
- 6b. You understand and agree that during any promotion, sale, or, discount offered by Therabody on Therabody website, your QR Code Discount will be invalid during checkout.
- 7. You are responsible and shall pay for all state, federal, income, withholding and any other taxes for any commission or income you receive from Therabody.
- 8. You acknowledge that the Therabody’s trademarks are the exclusive property of COMPANY throughout the world, and no right, title or interest therein is transferred by this Agreement to you. Nothing contained in this Agreement shall give you the right to use, or interest in, any trademark, logo or trade name of Trademark except stating your membership in TTN.
- 9. Therabody retains the right to (i) cease to manufacture any Product (ii) cease to market any Product, (iii) change the specifications for and composition of any Product, (iv) alter, or substitute materials in any Product, and (v) otherwise change any Product in its sole discretion.
- 10. Membership in TCN shall not constitute you as an agent, employee or legal representative of Therabody for any purpose. You shall be deemed to be an independent contractor and shall have no authority to act or obligate Therabody in any way.
- 11. You agree to defend and indemnify Therabody with respect to, and to hold us harmless from, all claims, expenses (including reasonable attorneys' fees), losses and damages, incurred by us resulting from: (i) any claim of a third party that you misrepresented your authority or made any contractual commitment; (ii) any improper representations by you about Therabody or its Products; and (iii) any failure by Broker to perform its obligations under this Agreement.
- 12. Therabody shall have the right to terminate your membership to TCN and access to this service and the QR Code Discount at any time for any reason at its sole discretion.
- 13. You agree to maintain the terms of the QR Code Discount and referral fee in strict confidence, not to disclose confidential information to any third parties, and not to use confidential information for any other purpose.
- 15. Any dispute as a result of this service or membership in TCN shall be governed by the substantive law of the State of California without regard to choice-of-law rules (other than Civil Code Section 1646.5). You irrevocably consent to the jurisdiction of Los Angeles county in the State of California in connection with all actions arising out of or in connection with this service or your membership in TCN, and waive any objections that venue is an inconvenient forum. You further agree that you will not initiate any action against Therabody in any other jurisdiction. You agree that a final judgment in any such action or proceeding will be conclusive and may be enforced in any other jurisdiction (including the appropriate courts of the jurisdiction in which you reside) by suit on the judgment or in any other manner provided by law.
- 16. You hereby agree that any controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be settled and finally determined pursuant to binding arbitration in Los Angeles County, California, before a single arbitrator pursuant to the rules of the American Arbitration Association. Notwithstanding the foregoing, any party to this agreement may bring an action, including a summary or expedited proceeding, in any court having jurisdiction over such action, to (i) compel arbitration of any controversy or claim to which this agreement applies, (ii) to preserve the status quo ante pending arbitration, or (iii) to enforce any arbitration determination.
- 17. This agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations and agreements between Therabody and you cannot be altered or amended except by agreement in writing signed by the General Counsel of Therabody. This Agreement will be binding upon and inure to exclusive benefit of the parties hereto and their respective successors and assigns.
- 18. You have the right to opt out of this program at any time. If you no longer want to participate in the Therabody Network program, please email email@example.com.
- 19. As a member of TCN, you will receive email messages and notices as it relates to your account and membership.
- 1. You may not use the Therabody service for any illegal or unauthorized purpose. International users agree to comply with all local laws.
- 2. You must not create or submit unwanted emails or phone numbers to generate any Discount Codes.
- 3. We reserve the right to modify or terminate this service for any reason, without notice at any time.
- 4. Although these services are normally available, there will be occasions when the application will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Therabody.