Terms of Agreement: The terms of agreement for members/representatives and customers will provide details pertaining to the use and promotion of the ExcelaRate membership program.

1. I am of legal age in the state, region, province or country in which I enter this Agreement with ExcelaRate, Inc., (hereinafter ExcelaRate, Inc. or the Company). By agreeing electronically or in writing I hereby agree to abide by all ExcelaRate, Inc. terms of agreement, policies and procedures, and all associated agenda. Electronic applications will be tracked and logged. When my monthly income exceeds $300 I will be required to sign a paper "hard copy" if one is not already on file. That Application and Agreement must be accepted by the company at its home office and notice of its acceptance received by the applicant.

2. I understand that sending Spam also known as Unsolicited Commercial Email (UCE) is prohibited by ExcelaRate, Inc. The company will also have a zero tolerance policy for Distributors/Representatives utilizing fax broadcasting services that are deemed illegal under the TCPA of 1991. Any use of bulk Spam or illegal Fax Broadcasting in connection with my ExcelaRate, Inc. business will result in my termination. Any electronic marketing media (auto-responders, mass email presentations or Internet broadcasts) must be approved by the company or on the company's approved marketing list.

3. I will resell at least 70% or more of all products/services that I have purchased from ExcelaRate, Inc. each month. The intent of purchasing products/services will be for retail sales for use by the end consumer. I will not buy products/services for the purpose of collecting commissions. Products/services certified as sold under this 70% rule are not eligible for buy back.

4. As an Independent Distributor/Representative I will:

Provide training and motivation to my downline Distributors/Representatives.
I will study the product literature and learn to promote retail sales.
Represent ExcelaRate, Inc. products/services in an honest and sincere manner.
I will honor ExcelaRate, Inc. Customer Satisfaction Guarantee.
I will help other Independent Distributors/Representatives to be successful.
I will be professional, courteous and considerate.
I will not misrepresent the ExcelaRate, Inc. Compensation Plan.
I will become familiar with and abide by, ExcelaRate, Inc. statement of Policies, and other materials as provided by ExcelaRate, Inc.

I understand that as an Independent Distributor/Representative, I have the following rights:

(a) to sell the products/services offered by ExcelaRate, Inc. in agreement with the Compensation Plan and Statement of Policies, to customers and
(b) to sponsor Independent Distributors/Representatives, in agreement with the Company Compensation Plan and Statement of Policies. I understand that the Compensation Plan and Statement of Policies may be changed and/or amended at anytime, and that any such changes or amendments also apply to me.
6. I understand that Independent Distributors/Representatives can not under any circumstances incur any debt, expense or obligation on behalf of, or for ExcelaRate, Inc.

7. I understand that as an Independent Distributor/Representative I will not for any reason, act as spokesperson for ExcelaRate, Inc. or its products/services in any manner to any media or publication without prior written authorization. I won’t create, print, publish or distribute any literature or materials representing the Company or its products/services other than that, which is provided by the Company.

8. I am entitled to cancel this Agreement at any time and for any reason with written notice to The Company within seven (7) days of purchase. With proper notification of cancellation or termination, ExcelaRate, Inc. will repurchase items in accordance with current policy concerning this matter. Distributor product package returns will allowed with a 10% restocking fee upon return of products in resalable condition within 10 days (or longer where required by law), amounts paid for services will be refunded prorated to the last day of the month the request is made. A complete package must be returned to the company as shipped to the Distributor by the company at Distributors expense. Distributor must acquire a product return tracking number from Company prior to returning any products.

9. This Agreement will continue as long as I continue accepting commissions and bonuses or other payments from the Company or until this Agreement is canceled in writing.

10. I warrant that I or my spouse or other household members have not been ExcelaRate, Inc. Independent Distributors/Representatives and have not owned, had ownership affiliation with, or operated any ExcelaRate, Inc. business in the past 6 months in accordance with Company Policies and Procedures

11. As an Independent Distributor/Representative I understand that I am an independent contractor, and not an agent, employee or franchisee of ExcelaRate, Inc. I understand and agree that I will not be treated as an employee for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts or State Workers Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement.

12. I understand that this Agreement and my Acceptance does not constitute the sale of a franchise and that no exclusive territories can be granted to anyone, and that no franchise fees have been paid, nor can I acquire any interest in a security by the acceptance of this Agreement.

13. I understand that I will make no claims or warranties of any kind including, but not limited to, any claims for earnings or benefits concerning its products/services, other than those included in ExcelaRate, Inc. written literature. I will not make product or service claims which are not stated in official Company literature and I am not permitted to create my own literature, sales aids or training materials without written consent from the Company.

14. If I fail to pay for products/services, ExcelaRate, Inc. is authorized to withhold the appropriate amounts from my commission and bonus checks or credit card/electronic checking accounts, if any, which I have authorized the Company to charge. If payment owed isn’t made, I understand that I may, at the Company’s discretion, lose my marketing organization and future commissions and bonuses, and may be placed on inactive status by the Company for an indeterminate period. The Company will not be responsible for the loss of any commissions and bonuses or other payments because of delays or errors in orders, charges, receiving agreements, or other necessary information.

15. ExcelaRate, Inc. may, at its discretion, amend the Company Compensation Plan and Statement of Policies, any Promotional Offerings, Products, Services, and/or terms of the Independent Distributor/Representative Agreement. Notification of such changes shall be published in broadcast, written, published (either hardcopy or electronic) material circulated or made available to all Independent Distributors/Representatives. I agree to abide by all such amendments. ExcelaRate reserves the right to limit payout to 60% on the compensation plan and 25% on any promotion/rebate program offered. The continuation of my Independent Business and/or my acceptance of products/services, commission and bonus checks or other payments from the Company constitutes my acceptance of any and all amendments.

16. I understand that I am not an ExcelaRate, Inc. Independent Distributor/Representative until The Company has accepted an original Agreement signed in full at its home office. Online electronic acceptance is also accepted. Independent Distributor/Representative Businesses cannot be sold, assigned or transferred without prior written approval from the Company.

17. I have carefully reviewed the ExcelaRate, Inc. Compensation Plan and Statement of Policies & Procedures and acknowledge that they are incorporated as a part of this Agreement in their present form and as modified from time to time by the Company. My violation of any of the terms of this Agreement or the Company Statement of Policies & Procedures may result, at Company’s discretion, in forfeiture of commission and bonus checks or other payments from the Company, loss of all or part of my marketing organization, or cancellation of this Agreement.

18. This Agreement constitutes the entire agreement between the parties and no other promises, representations, guarantees or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.

19. The term of this Agreement is one year. This Agreement will be automatically renewed annually on each anniversary date of the acceptance of this Agreement unless otherwise canceled or extended by the company. Expiration of membership will cancel agreement. Any unclaimed commissions 30 days after expiration will be forfeit.

This Agreement shall be governed by the laws of the State of California and any claims or disputes between parties to this Agreement shall be subject to binding arbitration in Irvine, State of California USA. According to the rules of the American Arbitration Association, Louisiana residents may chose to arbitrate in New Orleans Louisiana.

Copyright ExcelaRate, Inc. 2006 - include.