This Cosmic Affiliate Partner Agreement (the “Affiliate Agreement”) is between you, the undersigned,
and Lympia Industries Inc, a Vancouver corporation (“Cosmic”).
- Enrolling as a Cosmic Affiliate Partner (“Agreement”)
By completing and submitting the Agreement, you hereby apply to be a Cosmic
independent contractor Affiliate partner (“Affiliate Partner”). Cosmic may accept your application and this Agreement by creating a computer record of your Affiliate account and granting you status
as a Affiliate Partner. Cosmic may reject your application and this Agreement for any reason.
To become a Affiliate Partner you must (i) sign up for the Affiliate program and (ii) make a minimum purchase of USD $100 (unless prohibited in your jurisdiction) within 30 days of the date of your submitted application.
You must personally review and agree to the following documents, which are incorporated herein and collectively constitute the “Agreement”:
(a) This Affiliate Partner Agreement
(b) The Cosmic. Policies and Procedures ( “Policies and Procedures”)
(c) The Cosmic Privacy Policy
(d) The Cosmic Website Terms of Service
(e) The Cosmic Sales Compensation Plan (“Sales Compensation Plan”)
If Cosmic accepts your application and grants you status as a Affiliate Partner, you are still required to personally review and agree to the other documents comprising the Agreement. If you fail to submit a completed Agreement, for any reason, you accept and agree to the Agreement in its entirety by participating as a Affiliate Partner, by accessing the Cosmic
Website, and/or by receiving Affiliate Partner pricing on your orders.
By completing and submitting a Affiliate Partner application, you represent and warrant that you have not been terminated as a Affiliate Partner within the last six (6) months. - Affiliate Partner Rights
Subject to Cosmic’s acceptance of the Agreement, Cosmic grants you the right to:
- Offer for sale or resale Cosmic’s products and services in accordance with the Agreement
- Enroll and/or sponsor new Affiliate Partners in accordance with the terms of the Agreement
- Participate in the Cosmic Sales Compensation Plan
- Independent Contractor Status
You acknowledge and agree that as a Affiliate Partner you are:
- An independent contractor and not an employee, agent, partner, legal representative, or franchisee
of Cosmic - Not treated as an employee for your services or for federal or state tax purposes
- Not authorized, either expressly or impliedly, to bind Cosmic to any obligation
- Not granted an exclusive territory, nor required to pay franchise fees, nor granted any rights to an
exclusive sales channel of Cosmic products - Responsible for paying local, state, and federal taxes due from all compensation you earn as
a Affiliate Partner - Responsible for paying any costs of your business, including travel, entertainment, office, clerical, legal, equipment, accounting, license fees, insurance premiums, and general expenses, without advances, reimbursements, or guarantees from Cosmic
- Subject to entrepreneurial risk and business expenses and responsible for any losses that you may incur as a Affiliate Partner
- Agreement Documents and Amendments
You acknowledge and agree that your conduct as a Affiliate Partner is governed by all documents comprising the Agreement. You further acknowledge and agree that you have carefully read and agree to comply with all such documents incorporated within the Agreement.
You understand and agree that Cosmic may, from time to time, amend the terms and conditions of the Agreement including any documents made a part thereof pursuant to the terms of the applicable document. - Marketing of Products and Services
You agree to promote the sale of Cosmic products in accordance with the terms and conditions outlined in the Agreement.
You understand and agree that to receive compensation through the Sales Compensation Plan, you must meetall requirements outlined in your applicable Sales Compensation Plan and that you may not be in violation of any terms of the Agreement. You further understand and agree that Cosmic may, in its sole and absolute discretion, terminate the Agreement if you fail to comply with any terms set forth in the Agreement. - Consent to Being Contacted
You agree that Cosmic (and others on its behalf) may contact you at the email address and/or telephone number you provided on this application (and any other email address and/or telephone number you provide) via text message (whether manually or automatically dialed) and/or telephone call (whether manually or automatically dialed and whether using live, artificial, or prerecorded voices). You also agree that such communication may include, without limitation, communications about your Affiliate Partner account, order notifications, communications regarding Brand Partner and consumer inquiries, and attempts to collect debts owed to Cosmic. You acknowledge that message and/or data rates may apply to such communications.
YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO SUCH COMMUNICATIONS IS A MATERIAL TERM OF THE AGREEMENT, IS GIVEN AS BARGAINED-FOR CONSIDERATION, AND CANNOT BE UNILATERALLY REVOKED OR MODIFIED. - Termination
The Agreement will be effective until either (i) you voluntarily terminate the Agreement, (ii) it automatically terminates due to your inactivity, or (iii) Cosmic terminates the Agreement or your Affiliate Partner account in accordance with the terms of the Agreement. The Non-Solicitation, Non-Competition, and Confidentiality provisions of the Agreement will survive termination of the Agreement. - Assignment
The Agreement and any rights or duties thereunder cannot be sold, assigned, or delegated except as set forth in the Agreement. - Indemnification
You agree to indemnify and hold harmless Cosmic, its officers, managers, members, directors, employees, and agents against any liability, claims, obligations, expenses (including attorney’s fees), or other damages arising out of or in any way actually or allegedly related to or connected with your activities as a Affiliate Partner including, without limitation, any unauthorized representations or claims made by you, breach of the terms of the Agreement, and/or violation of or failure to comply with any applicable federal, state, or local law or regulation. - Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to the Agreement, or the breach thereof, shall be governed by the applicable provisions set forth in the Policies and Procedures. - Entire Agreement
The Agreement, which may be amended from time to time, constitutes the entire agreement between you and Cosmic and supersedes any prior agreements, promises, representations, and guarantees, whether written or oral. An electronic copy of the Agreement shall be treated as an original in all respects.
Notice of Right to Cancel Date of Transaction:
You may CANCEL this transaction, without any penalty or obligation, within the following period measured from the date in which you entered it (the “Cancellation Deadline”):
FIVE BUSINESS DAYS, IF YOU RESIDE IN CANADA;
15 BUSINESS DAYS, IF YOU RESIDE IN NORTH AMERICA AND ARE APPLYING AS AN INDIVIDUAL AFFILIATE PARTNER, AGE 65 OR OLDER; OR THREE BUSINESS DAYS.
If you cancel this transaction pursuant to the provisions of this paragraph, any payments made by you under the Agreement will be returned within 10 BUSINESS DAYS after Cosmic receives your Cancellation Notice.
If you cancel, you must either (1) make available to Cosmic at your residence any goods delivered to you under this Agreement in substantially as good a condition as when received or (2) comply with the instructions of Cosmic regarding the return shipment of the goods at Cosmic’s expense and risk. If you do make the goods available to Cosmic and Cosmic does not pick them up within 30 days after receiving your Cancellation Notice, you may retain or dispose of the goods without any further obligation. If you fail to make
the goods available to Cosmic, or if you agree to return the goods to Cosmic and fail to do so, then you remain under the Agreement.
To cancel this transaction, print (if applicable) and then mail or deliver a signed and dated copy of this “Cancellation Notice” or any other written notice to 535 Thurlow St, Vancouver, BC V6E 3L2 BEFORE MIDNIGHT on the Cancellation Deadline with your Affiliate Partner account number and associated information.
Signature: _______________________________________
I HEREBY CANCEL THIS TRANSACTION.