Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS OF THE VIVA NATUREL LLC. APPLICATION AND AGREEMENT UNITED STATES AND PUERTO RICO Effective SEPTEMBER 1ST , 2020. The purpose of this document is to set forth the terms and conditions (“Terms and Conditions”) that apply to your Account Executive Independent Contractor relationship with Viva Naturel, LLC (“Viva Naturel” or “Company”). Once your application is submitted to and accepted by Viva Naturel, an agreement is created between you and Viva Naturel. Accordingly, you understand and agree as follows: 1. Eligibility To be eligible to become a Viva Naturel Account Executive Independent Contractor, you must: (a) be legally competent and of legal age (at least 18 years old or age of majority) to enter into a binding contract in the jurisdiction in which you reside; (b) be a citizen or taxpaying resident of a country in which Viva Naturel is officially open for business; (c) submit a complete, legible, unaltered, and valid Viva Naturel Account Executive Independent Contractor Application and Agreement that includes valid and accurate contact information; (d) review all required materials and documents, including the Viva Naturel Privacy Policy, the Viva Naturel Policies & Procedures (“Policy” or “Policies”), the Viva Naturel Team Compensation Plan (“Compensation Plan”), and the Viva Naturel Earnings Disclosure Statement and complete all training materials and/or programs as may be required by Viva Naturel; (e) pay any membership fee which may or may not be due at this time or in the future, as applicable; (f) provide a valid tax identification number to Viva Naturel; and (g) not currently hold or have previously held any interest in a Viva Naturel Position (directly or indirectly through a family member, business entity or otherwise) within the twelve (12) month period immediately prior to submitting this application (six (6) months for Viva Naturel Customer only Members), except that an existing Customer may convert to an Account Executive at any time with a qualifying B.V. ( Business Volume )order. By submitting a Viva Naturel Account Executive Independent Contractor Application, you are applying for legal authorization to become a Viva Naturel Account Executive Independent Contractor and are entering into a binding contract with Viva Naturel. Your contract with Viva Naturel includes the Account Executive Independent Contractor Agreement and all of its Terms and Conditions currently and as amended in the future by Viva Naturel, any Entity Agreement for Account Executives, any renewal form(s), the Viva Naturel Team Compensation Plan, the Viva Naturel Privacy Policy, and the Viva Naturel Policies and Procedures and applicable Guidance Documents as may be in effect at the time you submit this Account Executive Independent Contractors Agreement, and any modifications to such documents that become effective during the term of your Account Executive Independent Contractors Agreement (all of which are collectively referred to as, the “Account Executive Contract”). You are not required to be a customer or make any purchases or maintain an inventory in order to be an Account Executive. An annual renewal fee of $36 applies for web hosting and back office support. You acknowledge that you have received, read, and understand the Viva Naturel (a) Earnings Disclosure Statement that contains the average Viva Naturel Account Executive earnings, and other sales figures and percentages as published by Viva Naturel, (b) Compensation Plan, and (c) Policies, which are incorporated into and made a part of this Account Executive Independent Contractors Agreement; and that you have read and agree to all Terms and Conditions set forth in this Contractual Document. You understand and agree that if you have altered these Terms and Conditions in any way, your Account Executive Independent Contractors Agreement will not be deemed accepted by Viva Naturel, regardless of passage of time or payment of commissions or bonuses. Viva Naturel may, at its discretion, deem this Account Executive Independent Contractors Agreement to be void ab initio and require that you repay all commissions, bonuses and other compensation Viva Naturel has paid to you. You further understand you may terminate your Account Executive Contract at any time for any reason. To terminate your Account Executive Contract, you must give written notice to Viva Naturel in accordance with Section 11 below. Terms used but not defined herein, will have the meanings set forth in the definitions or glossaries of relevant Viva Naturel documents, such as the Policies or the Compensation Plan. Independent Contractor Status Upon Viva Naturel's acceptance of this Account Executive Independent Contractors Agreement, you understand that you will become a Viva Naturel Independent Contractor Account Executive and will be eligible to participate in the selling and distribution of Viva Naturel goods and services and receive commissions and bonuses in connection with such sales in accordance with this Contract. As an Account Executive you are an independent contractor. You acknowledge and agree that you are not an agent, employee, legal representative or franchisee of Viva Naturel LLC., your Sponsor(s), or any other Account Executive. You further understand and agree that you will not be treated as an employee for federal or state tax purposes, and will not be treated as an employee for purposes of the Federal Unemployment Act, Insurance Contributions Act or Social Security Act, or any state unemployment laws, state employment security laws, or any state workers compensation laws. You understand and agree that you are responsible for and will pay all federal and state taxes, including income taxes, self-employment taxes, sales taxes, local taxes, and/or local license fees that apply to your activities and compensation received under the Account Executive Contract. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products and services available through and by Viva Naturel on your own accord. Although you are an independent contractor, you acknowledge that any information that is related to Viva Naturel and/or that you obtain as a result of your Account Executive status is for purposes of selling and distribution of Viva Naturel goods and services and is governed by the Policies and Compensation Plan. You have complete freedom in determining the number of hours you will devote to your business, and you have the sole discretion of scheduling such hours. Viva Naturel will not provide you with a place of business, and if you desire a place of business other than your own residence, you will be responsible for procuring, furnishing, equipping, and paying for such place of business. As a self-employed independent contractor, you are also responsible for complying with any applicable federal, state, provincial, or local business licensing requirements. 3. Payment and Remuneration You understand and agree that substantially all of your remuneration for the services you perform will consist of (a) retail profits from completed in-person sales of Viva Naturel products to End Consumers, and/or (b) commissions or bonuses paid by Viva Naturel based on orders from End Consumers. Sales occur primarily in locations other than fixed retail locations. Remuneration is not determined by the number of hours worked. As an Account Executive Independent Contractor, you are not guaranteed any income, nor are you assured of any profit or success. When discussing the Compensation Plan, you agree to emphasize that sales to End Consumers are a requirement for compensation, that no purchase of goods or services is required, that no recruitment fee can be derived from the mere act of sponsoring other Account Executive’s or customers, and that no earnings are guaranteed from participation in the Compensation Plan. You must also provide a copy of the Viva Naturel Earnings Disclosure Statement to all your prospective Account Executives. You agree that you will not make any false, unsubstantiated, or misleading representations about the actual, potential, or expected earnings from participating in the Compensation Plan. Representations concerning earnings or income also must comply with the applicable Policies and guidelines, the Compensation Plan, and the legal requirements of the jurisdiction in which you are making an earnings related representation. You certify that neither Viva Naturel nor your Sponsor(s) has made any claims of guaranteed earnings or misleading representations of anticipated earnings that might result from your efforts as an Account Executive Independent Contractor. Your success as an Account Executive is dependent upon your own efforts and skills, as well as other factors, some of which you may not control; and you do not anticipate receiving income as a result of the efforts of any other individual or entity other than yourself (and your spouse, if you are co-owners of a Position). Prohibition of Online Sales As further explained (Resale of Products), online sales of Viva Naturel products is prohibited outside of your Personal Viva Naturel Website provided to you by Viva Naturel ($36 Annual Fee). You agree that you will not (directly or indirectly through any intermediary or instrumentality) offer, display or sell, or facilitate the offering, displaying or selling of Viva Naturel’s products through an online forum including any e-commerce or auction websites such as eBay or Amazon, retail websites, radio, or television. In particular, you agree that you will never offer Viva Naturel products for sale on eBay.com, Amazon.com, or similar websites—and that you will never help anyone else to do so. You also agree not to sell personal identifying information or information related to Viva Naturel and/or your Account Executive relationship. This covenant will survive the expiration or termination of the Account Executive Independent Contractors Agreement. You hereby agree that you will not use any Internet website, other than the Personal Viva Naturel Website, to represent, sell, or market Viva Naturel products and/or business opportunity, unless you first submit the website and related information to Viva Naturel Compliance and you receive written approval from Viva Naturel to use the website. TERMS AND CONDITIONS. Marketing Materials You hereby agree that you will not advertise using Viva Naturel’s name, trade names or logos in any manner, except as may be permitted under Policy 6 (Trademarks, Advertising and Internet Usage). In addition, you will not make any representations or claims about any Viva Naturel products, the business opportunity, including the Compensation Plan, and Viva Naturel programs beyond those statements shown on product labels and/or in Viva Naturel-authorized literature and materials. You are prohibited from producing, selling or using any written, recorded, or other materials for the purpose of advertising, promoting or describing any Viva Naturel products, the business opportunity, including the Compensation Plan, and programs that has not first been reviewed and approved by Viva Naturel in writing. All materials must either be provided by Viva Naturel or first approved by Viva Naturel in writing prior to being used. You understand that you may not delete, add, modify, tamper with, repackage, re-label, refill or alter the labels on any Viva Naturel products or alter any Viva Naturel literature or materials in any way. Products or samples that are packaged together by Viva Naturel as part of a product Pak may not be sold individually. 6. Personal Data and Privacy As an Account Executive, you are subject to the terms of the Viva Naturel Privacy Policy  which is incorporated as part of these Terms and Conditions. You acknowledge that you have read and understand the Privacy Policy, and consent to the use of any personal information you provide for the purposes set forth in the Privacy Policy and your Account Executive Independent Contractors Agreement. The personal data disclosed in establishing your Viva Naturel Account as well as personal data collected in fulfilling our obligations is necessary for Viva Naturel to operate and coordinate its distribution network and carry out its obligations under this and other agreements. The data collected is used by Viva Naturel’s internal and third party service providers taking part in the operation and management of the distribution network. Accordingly, you consent to the disclosure of your name, telephone number(s), fax number, e-mail address(es), shipping address(es) and other contact information listed on your application or otherwise provided to Viva Naturel, and information regarding your Viva Naturel purchases (excluding payment card/account information), to Viva Naturel’s internal departments, external service providers, Enrolling Sponsor, Placement Sponsor, and Support Team. 7. Viva Naturel Communications and Consent By becoming an Account Executive, you agree to receive communications from Viva Naturel, including e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Viva Naturel and its affiliated companies, may include but are not limited to: operational communications concerning your Viva Naturel Account or use of Viva Naturel services, updates concerning new and existing features, communications concerning promotions run by us or our third-party partners, and news concerning Viva Naturel and other business developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself or by going to your Viva Naturel online account to manage your subscriptions and deselect the types of information you do not want to receive. You will continue to receive emails regarding business related transactions regardless of the email subscriptions that are chosen. If you wish to opt out of promotional calls or texts, you may do so. You may opt out of promotional telephone calls by requesting to be placed on our do not contact list. You may opt out of texts or calls by contacting Customer Care at 1-(256) 281-6600. You acknowledge that you are not required to consent to receive promotional emails, texts or calls as a condition of being an Account Executive Independent Contractor. However, you understand that opting out of receiving such communications may impact your use of Viva naturel services and your business. Account Executive as a Service Provider - Limited Use of Information of Other Persons As an Account Executive and with respect to use of personal information of Viva Naturel Customers and other Viva Naturel Account Executives, Viva Naturel considers you to be a Service Provider. In these Terms and Conditions, “Service Provider” means an Account Executive Independent Contractor that may only obtain, record, use, hold, transfer, dispose of, and otherwise process personal information about Viva Naturel Customers, other Viva Naturel Account Executives or any other person (however obtained) on behalf of Viva Naturel and only in accordance with the Account Executive Independent Contractor Agreement, the Policies, and the Privacy Policy for the business purpose of marketing, selling and distribution of Viva Naturel goods and services. Unless otherwise provided by Viva Naturel, you: (a) are permitted to use such personal information for your Viva Naturel business only, and for no other purpose(s); (b) will comply with your obligations regarding privacy and data security as set forth in your Account Executive Contract, including the Policies and the Privacy Policy, and/or applicable law; (c) are prohibited from selling the personal information of Viva Naturel Customers and other Viva Naturel Account Executives; and (d) will comply with privacy and data security obligations equivalent to those imposed on Viva Naturel under applicable law, including using reasonable security measures to protect personal information, being able to exercise any legally applicable data subject access requests to obtain, modify or delete personal information and deleting any personal information of Viva Naturel Customers or other Viva Naturel Account Executive Independent Contractors if directed to do so. By virtue of becoming an Independent Account Executive as per your Account Executive Independent Contractor Agreement, you understand the restrictions set forth here and will comply with them. Spamming is prohibited. Spamming includes, but is not necessarily limited to, the following: (a) Sending unsolicited e-mail messages that contain any e-mail or web addresses from your account to online users; (b) Posting messages that contain your service address in news groups that are unrelated to your products or service; (c) Creating false “from sources” in an e-mail message, or in a newsgroup posting with your services address, thereby giving the impression that the message originated from Viva Naturel or its network of Account Executives; (d) Sending unsolicited e-mail to people that are not within your Sales Team or with whom you have no prior business or personal relationship. 9. Use of Name, Likeness, Image, and/or Testimonials for Viva Naturel Promotional Purposes. By entering into this Account Executive Independent Contractor Agreement, you authorize the lawful and unlimited use of your full name, likeness, image, voice, written comments, testimonials or other documentation in connection with marketing, publicizing, or otherwise promoting Viva Naturel products, marketing programs, opportunities, services, or promotional literature and supplies, without remuneration or other consideration being paid to you. You further consent to Viva Naturel’s publishing in any of its material, whether electronically or in hard copy, your name, photograph, city and state of residence, the commissions, bonuses, awards, prizes, and recognition you receive, and any other information Viva Naturel customarily publishes about Account Executives, without remuneration being paid to you. Your testimonial or endorsement of Viva Naturel products or other personal participation is made of your own free will and you will not be paid any monetary sum for doing so. Credit Card, Debit Card, ACH and Bank Draft Acceptance and Authorization In order to place initial and future orders, you must supply Viva Naturel with a valid form of payment, which may include your credit card, debit card and/or your confidential bank account information (via your voided check) for Viva Naturel’s files exclusively for the purpose of paying for products, materials, sales aids, and/or services for your business. You hereby authorize Viva Naturel to charge your credit card or debit card for the amount of your orders or, where applicable, to deduct the amount of your orders by electronically transferring the funds (ACH transfer) from your bank account. You understand and agree that should you make a personal business decision to order products, literature, or other items from Viva Naturel on behalf of any other person by authorizing use of your Account or payment information, you accept all risks associated therewith and will be bound by the terms of this Account Executive Independent Contractors Agreement regardless of any decision or actions taken by the person you so authorize. You further agree to hold Viva Naturel LLC. harmless from any dispute either you or Viva Naturel LLC. may have with such person resulting from your business decisions and actions or those of the person. If you fail to pay for products or other items ordered through Viva Naturel, you authorize Viva Naturel to withhold the appropriate amounts from your commission and bonus payments, and to debit or charge any debit or credit card or electronic checking accounts which you have provided to Viva Naturel. If payment isn’t made, Viva Naturel may, at its discretion, terminate or suspend your Account Executive Independent Contractors Agreement and future commissions and bonuses, and may place your Position on inactive status for an indeterminate period, in addition to any other remedies available to Viva Naturel. Term and Termination The term of this Account Executive Independent Contractors Agreement is one (1) year and will automatically renew on each anniversary date, unless earlier terminated by you or Viva Naturel. You may terminate your Account Executive Independent Contractors Agreement at any time and for any reason by providing written notice to Viva Naturel. Written requests for cancellation are considered effective when a valid request is received by Viva Naturel. Cancellation notices may be (a) mailed to: Viva Naturel , Attn: Cancellation Requests, 10677 US Hwy 168, Boaz, Al. 35957;  or scanned and sent via email from your email address on file with Viva Naturel to: vivanaturel2020@gmail.com. The written notice must bear your signature (unless sent via email from your email address on file), printed name, address, and Viva Naturel Account or ID number. Viva Naturel may also terminate your Account Executive Independent Contractor Agreement or Position at any time for any reason. You must renew your Account Executive Independent Contractor Agreement annually by paying the applicable renewal fee of $36 USD, plus taxes, by the anniversary date of your enrollment (renewal date). If you fail to renew by the renewal date, whether intentionally or not, you may forfeit your Position, compensation and other benefits associated with your membership. Automatic Renewal Charge: As a convenience, if you are an Active Account Executive and place an order with your personal credit card within ninety (90) days before your renewal date, Viva Naturel will automatically renew your Account Executive Independent Contractor Agreement by charging the applicable renewal fee (plus tax) to the same credit card, provided it is your current method of payment on file at the time the fee is charged. Renewal fees will be charged approximately 5-7 days prior to your renewal date. If you do not wish to participate in this automatic renewal, you may opt out by contacting Customer Care at (256)281-6600. (Fees are subject to change upon prior notice to you. You will have the opportunity to terminate your Account executive Independent Contractor Agreement before any such fee change takes effect.) If either you or Viva Naturel elect to not renew the Account Executive Independent Contractor Agreement, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as an Account Executive. You shall not be eligible to sell Viva Naturel products and services nor shall you be eligible to receive commissions, bonuses, or other income resulting from the activities of your former Marketing Organization. In the event of a cancellation, termination, or non-renewal, you waive all rights you have, including but not limited to property rights, to your former Marketing Organization and to any bonuses, commissions, or other remuneration derived through the sales and other activities of your former Marketing Organization. Product Satisfaction Guarantee Viva Naturel provides a 30-day limited satisfaction guarantee whereby customers may request a credit or refund. Please note that when you, as an Account Executive, sell, deliver or transfer products in person, you are responsible for your customer’s satisfaction. If these personal customers are dissatisfied with a product, they must go through you for a replacement product or refund. You may contact Customer Care at (256)281-6600 during normal business hours with any questions. Buy-Back (repurchase) Policy Viva Naturel will buy-back (repurchase) from an Account Executive, at his/her written request, currently marketable products (previously purchased by the Account Executive) in accordance with Viva Naturel’s Buy Back Policy or as may be required by applicable law. Terms and conditions apply. Miscellaneous You understand that federal or state agencies do not approve or endorse network marketing programs and you may not make any representations to the contrary. You acknowledge and understand that the acceptance of this Account Executive Independent Contractor Agreement does not constitute the sale of a franchise or a distributorship, that there are no exclusive territories granted to anyone, that no franchise fees have been paid or collected, and that you are not acquiring any security interest. You may not transfer, delegate or otherwise assign the Account Executive Independent Contractor Agreement or any portion of it or any right, privilege, authority, responsibility, duty, or obligation of such, without the prior written consent of Viva Naturel. Any attempt to so transfer, delegate or assign without prior written consent of Viva Naturel will be void ab initio, will be of no effect, and will be a breach of the Account Executive Contract. Viva Naturel may transfer or assign the Account Executive Contract and any or all of its rights or duties under the Account Executive Contract at its sole discretion and without notice, consent, or acknowledgment. Violation of any of the terms of the Account Executive Contract or of any law may result in forfeiture of commissions, bonuses and/or other payments from Viva Naturel based on all or part of your Marketing Organization, cancellation of your Account Executive Independent Contractor Agreement, or other corrective action as deemed appropriate by Viva Naturel in its sole discretion, and as provided for in the Policies. Without limiting any of its rights or other remedies, if your Account Executive Contract is terminated or cancelled by Viva Naturel (or by you) at any time for any reason, you will permanently lose and forfeit all rights as an Viva Naturel Account Executive Independent Contractor, and you waive and forfeit all rights and claims to your Marketing Organization and to all commissions, bonuses and other payments. You agree to hold harmless, indemnify, and release Viva Naturel LLC., its shareholders, officers, directors, employees and agents from and against (a) any claims or liabilities arising from or relating to the operation or promotion of your Viva Naturel business and Position, and (b) any claims for consequential, special, punitive, or exemplary damages against Viva Naturel LLC. for any reason whatsoever. In addition, you agree to waive, (a) any claims or liabilities arising from or relating to the operation or promotion of your Viva Naturel business and Position. You agree that any unresolved dispute will be resolved and settled in accordance with Arbitration and Governing Law. In the event that a dispute or claim arising out of, or relating to the Account Executive Independent Contractor Agreement, Any and All Disputes will be handled in the European Union. This Account Executive Independent Contractor Agreement shall be binding on the successors and assigns of both parties. The provisions of the Account Executive Contract are severable. In the event that an arbitrator or court of competent jurisdiction determines any portion of the Account Executive Contract is unenforceable in any respect, then it will enforce the rest of the Account Executive Contract to the fullest extent permitted by law without affecting the enforceability of the remaining provisions. No waiver of any default or breach of your Account Executive Contract, or failure to enforce rights contained therein, will be considered a waiver by Viva Naturel of any subsequent default or breach of the same or any other provision. This Account Executive Independent Contractor Agreement may be executed and submitted electronically in accordance with applicable law. The provisions of your Account Executive Contract, including all documents incorporated herein by reference, embody the whole agreement between you and Viva Naturel and supersede any prior agreements, understandings and obligations between you and Viva Naturel concerning the subject matter hereof. You acknowledge that you have had the opportunity to read and have this Account Executive Independent Contractor Agreement, the Compensation Plan, and the Policies and any other Viva Naturel related material reviewed by legal counsel of your choice. You understand and agree that Viva Naturel, in order to maintain a viable marketing system and for various other reasons, may make modifications to the Account Executive Independent Contract Agreement, Policies, Guidance Documents, Compensation Plan, company literature, websites and web pages, sales aids and other materials and their prices, and products and product prices. You understand that you will be bound by such modifications immediately upon publication (or on the date specified in an associated notice from Viva Naturel or in the minimum amount of time required by applicable law, if any) in official Viva Naturel literature or upon the posting of the modifications or notice thereof to your Account Executive Back Office. If you do not agree with such changes, your only remedy is to terminate your Account Executive Independent Contractor Agreement. Both parties hereby acknowledge the most either party can collect from the other should an issue arise is the cost of product and material purchased by Account Executive Independent Contractor.

Contact Us If you have any questions or concerns, please contact us at: Email: orders@vivanaturel.com Telephone: (256) 281-6600  Letter: Viva Naturel, Attention: Customer Care 10677 Al. Hwy 168 Boaz, Al 35957. Any dispute will be governed by the laws of the State of Alabama.