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Promoter Agreement

IMPORTANT: As part of the Holiday Hustle promotion (November 1 – December 20, 2022), you are receiving a trial period through January 31, 2023 to be a Promoter. On February 1, you will have the option to renew for a full year or downgrade to Preferred Customer for no additional cost.

A downloadable copy of this document will be emailed to you after your registration.

DVTD Promoter Terms & Conditions

Updated November 2022

The Agreement and Independent Contractor Status
This agreement is between DVTD, LLC (the “Company”) and the independent Promoter (“Promoter”). The Promoter is an independent Contractor, and is in no way eligible for any form of employment status or benefits of the Company. Promoters are soley responsible for all income tax payments. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
W-9 Form Required
Your Status as a DVTD independent Promoter is temporary. Upon DVTD’s request, you must submit a properly completed IRS Form W-9 to DVTD within 30 days from the date of notice. Failure to submit a W-9 will result in the cancellation of your Promoter Agreement. If you do not submit your W-9 within such time, your DVTD Promoter agreement will be placed on suspension and you will not be eligible to earn compensation, or to operate your DVTD business. If you fail to submit your W-9 within sixty days from the date of notice your DVTD Promoter agreement will be cancelled.
Adherence to the Agreement.
Promoters must comply with the Agreement. If you do not agree to the Terms and Policies, your sole recourse is to notify the Company and cancel your DVTD Promoter Agreement. Failure to cancel constitutes your acceptance of the Terms and Policies. You must be in good standing, and not in material violation of the Agreement, to be eligible to earn commissions from DVTD.
Amendments to the Agreement.
The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions is disseminated to Promoters via email. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. If you do not agree to any amendments, your sole recourse is to cancel your Promoter agreement.
Promoters’ Rights.
Promoters for DVTD have the right to earn commissions on orders placed through their referral link on DVTD.com in accordance with these Terms and Policies. Promoters are paid pursuant to DVTD’s Promoter Compensation Plan. Promoters earn commissions on all sales via orders of any Customer, Preferred Customer or Promoter they personally refer. Promoters DO NOT earn any form of additional commission, bonus or any other variation of compensation for recruiting other Promoters or on the sales made by other Promoters. Put another way, there is no form of multi-level compensation available to Promoters.
Independent Contractor Status.
Promoters are independent contractors and are responsible for paying all expenses they incur. PROMOTERS SHALL NOT BE TREATED AS DVTD EMPLOYEES FOR FEDERAL OR STATE TAX PURPOSES. DVTD is not responsible for withholding and shall not withhold or deduct FICA, or taxes of any kind from Promoters’ compensation. Promoters are not entitled to workers compensation or unemployment security.
Assignment of Rights and Delegation of Duties.
Promoters may not assign any rights under the Promoter agreement without the prior written consent of DVTD. Any attempt to transfer or assign the Agreement or any rights conferred under this agreement without the express written consent of DVTD renders the Agreement voidable at the option of DVTD. If the assets of, or a controlling interest in, DVTD, is transferred to a third party, DVTD may assign its rights and delegate its duties and obligations under the Promoter agreement to such third party as part of the transfer.
Waiver of Right of Publicity.
Promoters grant DVTD an irrevocable license to reproduce and use their name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums. Promoters waive all claims for remuneration for such use and all rights to inspect or approve all draft, beta, preliminary, and finished material.
Minimum Age.
Persons under age 18 may not be Promoters.
Severance.
If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed to be in compliance with the law and reflect the purpose of the original provision as closely as possible. The existence of any claim or cause of action of a Promoter against DVTD shall not constitute a defense to DVTD’s enforcement.
Termination of DVTD Agreements.
DVTD reserves the right to terminate all Promoter Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate the Promoter program.
General Conduct.
Promoters shall safeguard and promote the good reputation of DVTD and the products in its marketplace, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. DVTD shall not engage in any conduct that may damage the Company’s goodwill or reputation.
Representation of DVTD, its Brand Partners and Causes Supported.
DVTD is an online marketplace that features many different products manufactured and marketed by many different companies. In addition, these companies, and DVTD, donate to many different causes as part of their chosen business model. Promoters are free to share approved claims and facts about these products, brands and causes, but should, in no way, portray themselves as a representative of the brand or cause.
Allowed Pricing.
Promoters can only offer products at the price listed on DVTD.com.
Social Media.
In addition to meeting all other requirements specified in these Terms & Policies, should an Promoter utilize any form of social media in connection with her DVTD business, including but not limited to blogs, Facebook, Instagram, Twitter, Linkedin, YouTube, or Pinterest, the Promoter agrees to each of the following:
1. Promoters are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all postings on any social media site that they own, operate, or control;
2. Promoters shall not make any social media postings, or link to or from any postings, that are in violation of any intellectual property rights of the Company, a product in its marketplace or any third party;
3. It is each Promoter’s responsibility to follow the social media site’s terms of use;
4. Promoters shall respect the privacy of other social media users.
5. Promoters shall not engage in abusive social media practices including but not limited to shaming or bullying tactics.
Sales Tools Created by Promoters.
Promoters are prohibited from selling sales tools or techniques to other DVTD Promoters or Brand Ambassadors.
Trademarks and Copyrights.
The name “DVTD” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of DVTD. The Company grants Promoters a limited license to use its trademarks and trade names in promotional media for so long as the Promoter’s Agreement is in effect. Upon cancellation of an Promoter’s Agreement for any reason, the license shall terminate and the Promoter shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may an Promoter use any of DVTD’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address. Company produced Sales Tools, videos, audios, podcasts, and printed material are copyrighted. Promoters shall not copy any such materials for any use other than to generate sales of DVTD products.
1. Trademarks and Copyrights of Brands in the marketplace
  DVTD features many different brands in its marketplace, who each hold various trademark and copyright protections. The same guidance and boundaries given for DVTD trademarks and copyrights also apply to any brand featured in the marketplace.
Handling Personal Information.
If you receive Personal Information from or about current or prospective customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information includes a customer’s or potential customer’s name, address, email address, phone number, credit card information, and other information associated with these details.
Negative Comments.
Complaints and concerns about DVTD should be directed to answers@dvtd.com Promoters must not disparage, demean, or make negative negative remarks to third parties about DVTD,its owners, officers, directors, management, other DVTD Promoters, the Compensation plan, or employees. Disputes or disagreements between any Promoter and DVTD shall be resolved according to the dispute resolution policy, and the Company and Promoters agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.
Adjustments to Commissions.
If a product is returned to DVTD for a refund or a chargeback occurs, the commission attributable to the returned or repurchased product(s) will be recovered by the Company. Compensation will be deducted from the Promoter’s commission in the month in which the refund is issued or the chargeback occurs and shall continue every pay period thereafter until the commission is recovered. Similarly, if an Promoter is responsible to reimburse a customer but fails to do so and DVTD elects to refund the customer, DVTD reserves the right to deduct the amount of the customer’s refund from the Promoter’s commission(s). DVTD reserves the right to withhold or reduce any Promoter’s compensation as it deems necessary to comply with any garnishment or court order directing DVTD to retain, hold, or redirect such compensation to a third party.
Refunds, Returns and Exchanges.
All orders placed on DVTD.com are subject to the standard policy as it is explained at https://dvtd.com/returns-exchanges/.
Promoter Inventory.
While Promoters are encouraged to have samples of products on-hand for easier, more effective sharing, DVTD in no way requires any ordering or inventory requirements by Promoters.
Discipline.
Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Promoter that the Company reasonably believes may damage its reputation or goodwill, may result in any disciplinary measure that DVTD deems appropriate to address the misconduct. In situations deemed appropriate by DVTD, the Company may institute legal proceedings for monetary and/or equitable relief.
Indemnification.
Promoters agree to indemnify DVTD for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any nature that DVTD incurs resulting from or relating to any act or omission by Promoter that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of this Agreement. DVTD may elect to exercise its indemnification rights through withholding compensation owed to the Promoter. This right of setoff shall not constitute DVTD’s exclusive means of recovering funds owed DVTD pursuant to this indemnification provision.
Effect of Cancellation.
An Promoter whose agreement is cancelled for any reason will lose all Promoter rights, benefits and privileges. This includes the right to represent yourself as an Independent DVTD Promoter, to sell DVTD products and to receive commissions from her sales. If an Promoter’s agreement is cancelled for any reason, the Promoter must discontinue using the DVTD name, and all other DVTD intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
Voluntary Cancellation.
An Promoter has the right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at Answers@DVTD.com. Any open commissions will be paid in accordance to the normal payment schedule. The Promoter enrollment fee is refundable for only 30 days following the original registration.
Reporting Errors.
If an Promoter believes that DVTD has made an error in her compensation, she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While DVTD shall use its best efforts to correct errors reported more than 60 days after the date of the error, DVTD shall not be responsible to make changes or remunerate Promoters for losses for mistakes that are reported more than 60 days after the mistake occurs.

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Promoter Agreement