Terms of Membership
1. Authorization and Contract
By executing the AviaChi Member Agreement (“Agreement”), you apply for legal authorization to become an AviaChi business owner and enter into contract with Be-Hi LLC(hereinafter “AviaChi”). You acknowledge that prior to signing you have received, read and understood the AviaChi Income Disclosure Statement, that you have read and understood the AviaChi Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on www.AviaChi.com and that you have read and agree to all terms set forth in this Agreement. AviaChi reserves the right to reject any application for any reason within thirty (30)days of receipt.
2. Expiration, Renewal and Termination
The term of this Agreement is one(1) year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If your AviaChi business is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Member. You shall not be eligible to sell AviaChi products and services nor shall you be eligible to receive royalties, bonuses or other income resulting from the activities of your former downline sales organization. In the event of cancellation or termination you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. AviaChi reserves the right to terminate all Member Agreements upon thirty (30)days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Member may cancel this Agreement at any time, and for any reason,upon written notice to AviaChi at its principal business address. AviaChi may cancel this Agreement for any reason upon thirty (30)days advance written notice to Member. AviaChi may also take actions short of termination of the Agreement, if the AviaChi Member breaches any of its provisions.
3. Independent Contractor Status
You agree this authorization does not make you an employee, agent or legal representative of AviaChi or your Sponsoring Member. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products available through AviaChi on your own account. You have complete freedom in determining the number of hours that you will devote to your business and you have the sole discretion of scheduling such hours. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. By agreeing to these terms, you agree to receive the 1099-MISC form via electronically. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Refunds and Product Returns
You agree that if you resell Product directly to a Customer, you will adhere to AviaChi’s 100% satisfaction guarantee policy and shall provide the Customer a full refund of all monies paid if the Customer returns the product to you within ninety (90) days of the sales transaction. If you as a Member are not 100% satisfied with our products, you may return the items for a refund if: (1) neither you nor we have terminated the Agreement; (2) the products were purchased within twelve(12)months; and (3) and the products remain in resalable condition (as defined in the Policies and Procedures). The refund shall be 90% of the purchase price. Shipping and handling charges incurred will not be refunded.
5. Presenting the Plan
You agree when presenting the AviaChi Compensation Plan to present it in its entirety as outlined in official AviaChi materials, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on downline volume. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by AviaChi. You agree to instruct all prospective Members to review the AviaChi Income Disclosure Statement.
6. Selling Product
You agree to make no representations or claims about any products beyond those shown on product labels or in official AviaChi literature. You may not make any claim that AviaChi products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims and therefore are in direct violation of AviaChi policies. Moreover, these claims may potentially violate federal, state laws and regulations.
7. AviaChi’s Proprietary Information and Trade Secrets
You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by AviaChi, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the AviaChi business including, without limitation, Memberlists, sponsorship trees, all AviaChi Member information generated therefrom in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of AviaChi, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with AviaChi, AviaChi grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and product developments, member sales, earnings and other financial reports to facilitate your AviaChi business.
8. Non-Competition Agreement
In accordance with the Policies and Procedures, you agree that during the period while you are a Member and for six (6) months following resignation, non-renewal or termination of your business, you will not compete with AviaChi. This covenant shall survive the expiration or termination of your authorization and contract with AviaChi.
9. Non-Solicitation Agreement
In accordance with the Policies and Procedures, you agree that during the period while you are a Member and for one (1) calendar year following resignation, non-renewal or termination of your business, you will not encourage, solicit or otherwise attempt to recruit or persuade any other AviaChi member to compete with the business of AviaChi.
10. Images / Recordings / Consents
You agree to permit AviaChi to obtain photographs, videos and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by AviaChi for any lawful purpose and without compensation.
11. Modification of Terms
With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
12. Jurisdiction and Governing Law
The formation, construction, interpretation and enforceability of your contract with AviaChi as set forth in this Member Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Illinois without regard to conflict of law provisions. Louisiana residents: not with standing the foregoing, Louisiana residents may bring an action against Be-Hi LLC with jurisdiction and venue as provided by Louisiana law.
13. Dispute Resolution
All disputes and claims relating to AviaChi, its products and services, the rights and obligations of a Member and AviaChi or any other claims or causes of action relating to the performance of either a Memberor AviaChi under the Agreement or the AviaChi Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in DuBois, Illinois, or such other location as AviaChi prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure.
Additionally, you agree not to initiate or participate in any class action proceeding against AviaChi, whether in a judicial or mediation or arbitration proceeding and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent AviaChi from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
14. Time Limitation
If a Member wishes to bring an action against AviaChi for any act or omission relating to or arising from the Agreement such action must be brought within one(1) year from the date of the alleged conduct giving rise to the cause of action. Member waives all claims that any other statutes of limitations apply.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counter parts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and AviaChi and supersedes any prior agreements, understandings and obligations between you and AviaChi concerning the subject matter of your contract with AviaChi.
16. Notice of Right to Cancel
At any time, you may cancel your AviaChi business. To do so, a Member must mail or deliver written notice to Be-Hi LLC: P.O. Box 124, DuBois, Illinois, 62831
17. Submission of Electronic W-9
Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me) and (2) I am not subject to backup with holding because: (a) I am exempt from backup with holding or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup with holding as a result of a failure to report all interest, dividends or (c) the IRS has notified me that I am no longer subject to backup with holding and(3) I am a U.S. Citizen or other U.S. person.