1. I am of legal age in the state in which I enter this Agreement. I understand
that I am not an Independent Contractor Distributor (IC) until Digital Dynamix
International (DDI) has accepted my virtual application.
2. I will not purchase services or products solely for the purpose of qualifying for commissions or bonuses. Services or products personally consumed or used by my household,
in reasonable quantities, and not purchased to meet sales plan qualifications,
are deemed retail sales.
3.All members who choose a package will be set up on an automatic monthly recurring cycle using
the original method of payment submitted. If you choose a pre-pay program,
your automatic monthly recurring cycle will begin on the 2nd, 4th,
5th or 7th months and continue thereafter. This is based
on your original pre-pay selection. If you would like to change your billing method
or cancel your recurring charges you must email
4. If your subscription is cancelled within 3 days of confirmed receipt of payment with DDI
a full refund excluding IC & process fees will be honored. This refund will be issued in the same manner as payment received within
15 days.
5. I am entitled to cancel this Agreement at any time and for any reason with written notice to
DDI. DDI will buy back from a resigning IC unused and currently marketable inventory
and sales aids purchased from DDI within 30 days from the date of receipt of merchandise
first ordered (90 days in Maryland and Puerto Rico; one year in Montana, Oklahoma
and Texas, no time limit in Massachusetts, Georgia, Louisiana, and Wyoming) at
90% of the IC's net cost, less appropriate setoffs and legal claims.
6. I understand that IC's cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, DDI.
7. You are required to adhere to DDI’s Anti-Spam policy. You may never send unsolicited
email, instant message or use other communication to a large group of people at once via bulletin boards, guestbook’s, newsgroups or chat rooms. You may promote to “Opt-In” recipients. “Opt-In” means the recipient requested your solicitation. If you are reported as a spammer, DDI will investigate each occurrence of unsolicited email and act quickly to stop this abusive behavior. DDI will strictly enforce it's anti-spam policy and terminate any
and all business relationship with any and all violators of this policy to
include any account which we believe, in our sole discretion, is transmitting
or is otherwise connected to any spamming related to DDI. Your account will be
terminated immediately without refund. You will be reported to your own
provider by us as a spammer and reported to the authorities. If you have
been spammed by one of our members please notify us at I understand
that, as an IC, I will not, for any reason, act as spokesperson for DDI or its
services and products, in any manner, to any media or publication, without prior,
written authorization. I will not create, print, publish, or distribute any literature
or materials representing DDI or its services and products other than those from,
or approved in writing by, DDI.
8. I understand
that, as an IC, I have the following rights: (a) to sell the services and products
offered by DDI in agreement with the DDI Compensation Plan and this Agreement,
and (b) to sponsor IC's in agreement with DDI Compensation Plan and this Agreement,
and (c) to cancel this Agreement at any time with written notice to DDI.
9. 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 services and products,
other than those included in DDI's written literature. I will not make services
or product claims which are not stated in official DDI literature, and I am not
permitted to create my own literature, sales aids, or training materials, without
written consent from DDI. IC's may not use any DDI trade names or trademarks,
except in advertising approved by DDI.
10. If I fail to pay for services or products, DDI 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 DDI to charge. If payment owed is not made, I understand that I may, at DDI'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. DDI 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 acts outside of the control of DDI.
11. As an IC, I understand that I am an independent contractor, and not an agent, employee,
or franchisee of DDI. 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 my acceptance of this Agreement does not constitute the sale of a franchise or a security, 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. DDI may, at its discretion may amend its Compensation Plan and/or terms of this Agreement.
Notification of such changes shall be published in newsletters, broadcast by Email, written or published material circulated or made available to all IC's. I agree to abide by all such amendments. The continuation of my business, and/or my acceptance of services, products, commissions, and bonus checks, or other payments from DDI, constitutes my acceptance of any and all amendments.
14. My IC position cannot be sold, assigned, or transferred without prior, written approval from DDI.
15. I have carefully reviewed the Compensation Plan and this Agreement, and acknowledge that
they are incorporated as a part of this Agreement in their present form and as modified from time to time by DDI. My violation of any of the terms of this Agreement may result, at DDI's discretion, in forfeiture of commission and bonus checks, or other payments from DDI; loss of all or part of my marketing organization;
or cancellation of this Agreement.
16. The term of this Independent Contractor (IC) Agreement is one year. This Agreement is renewable
on an annual basis by paying an annual non-refundable IC renewal fee of $20.00. Due on each anniversary date of the acceptance of this Agreement, unless
otherwise cancelled or extended by DDI.
17. If a new member signs up and does not make a purchase within a 90 day time frame that business center will purged from our database.
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.
19.< This Agreement shall be governed by the laws of the State of Florida, and any claims or disputes between parties to this Agreement shall be subject to binding arbitration under the Commercial Rules of the American Arbitration Association, with arbitration to be held in Orlando, Florida. Louisiana residents may choose jurisdiction in, and arbitrate in New Orleans, Louisiana.
Additional Policies & Procedures
20. Responsibility of Sponsors:
The IC position is one of trust and leadership. Sponsoring additional IC's is
a privilege that comes with responsibilities. An IC must perform supervisory,
training and leadership functions for its downlines in support of the retail sale
of services and products to end users. Training and motivation are key elements
to increasing retail sales. This is the purpose and intent of paying commissions
to sponsors of other IC's.
21. Record Keeping For Federal, State and Local Purposes:
If you earn over $600.00 or more from DDI in a given year, you will receive a
1099 form showing your earnings. You are responsible for all actions concerning
payment of income and social security taxes. IC's should keep records of all business
expenses. These expenses would include postage, car mileage, advertising, business
related telephone costs, home office supplies, sales meeting expenses, bookkeeping
expenses, and many of the additional deductions an independent contractor may
be entitled to take. A recommended publication is IRS Publication 911 for Direct Sellers, available from any IRS Office, or the IRS web site.
22. Transfer of Organizations:
An IC may change sponsors (without group) due to six months of inactivity, or
(with or without group) by getting permission from the next five levels above
them. This is not encouraged by DDI. The person requesting to change organizations
must get prior authorization from DDI and each person in each of the five levels
above them. Each involved party must agree with the change and email DDI expressed permission for the change. There will be a $100.00 fee for processing each action. All requests will be carefully reviewed to make sure the change will not violate legal or ethical consideration. All such changes are subject to final approval by DDI. The use of false names and business entities
with different social security numbers or federal I.D. numbers to circumvent this
policy are prohibited.
23. One Position - Spouses:
An individual may have a financial interest in only one IC position. The use of
corporate form, trust, or partnership in an attempt to circumvent this rule will
not be tolerated. Spouses are encouraged, but not required, to operate one IC
position jointly. Spouses desiring their individual IC position must have the
same sponsor, to avoid even the appearance of stacking, and to protect the integrity
of the lines of sponsorship.
24. Involuntary Termination:
An IC that violates any of the terms and conditions of this Agreement, or engages
in illegal or unethical conduct in business, may be terminated at DDI's discretion.
This will result in the IC losing its marketing organization, bonuses and commissions.
An IC whose Agreement is canceled will not receive commissions and bonuses during
the month of cancellation, and thereafter. The notification of termination is
effective the date that written notice is mailed by certified mail, return receipt
requested, to the last known address of the IC.
25. Cross Recruiting Prohibited:
IC's may be active in other network marketing ventures, but are prohibited from
soliciting DDI IC's to other network marketing ventures, (front lines exempted).
This form of recruiting is reason for termination, or suspension of commission
payments. The use of DDI IC name lists, addresses and phone numbers is also considered
a violation of this policy, and may violate federal privacy act laws. Any negative
or disparaging statements made about DDI are grounds for termination.
26. IC Positions can be willed:
An IC position can be willed to heirs. Documentation will be in accordance with
the county, state, or province in which the IC lived at time of death. The "title"
to the business shall be free of all claims and disputes before transfer to the
inheritor. The inheritor will sign an IC Agreement and abide by these terms. The
inheritor shall sign the IC Agreement in a timely manner, not to exceed 90 days,
or will risk involuntary termination of the IC position.
27. Restrictions on International Marketing:
The income opportunity (the IC position) can be promoted in foreign countries.
DDI can at any time revoke foreign affiliates that we deem potentially detrimental
to the DDI organization.
