Smart Leaf Press

 TERMS OF USE:

General Information

By accessing or using this site, and/or requesting a Personal Referral Code through our Thank You Program, you agree to the terms set forth in this Terms of Use agreement. The Terms of Use may change at any time, without notice. Therefore, visitors to the site are encouraged to review the Terms of Use periodically for updates.

Content on our website

Smart Leaf Press retains all proprietary rights in this Website. The Website contains the copyrighted material, trademarks, and other proprietary information of Smart Leaf Press. Except for that information which is in the public domain for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such information found on the site. Opinions, advice, statements, offers, or other information or content made available through the Website or Service, but not directly by Smart Leaf Press, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Smart Leaf Press does not: (i) guaranteed the accuracy, completeness, or usefulness of any information on the Website, (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or otherwise. Under no circumstances will Smart Leaf Press be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or provided by any of the parties that appear on the website.

Unsolicited Manuscripts

Smart Leaf Press does not accept unsolicited manuscripts sent through its Web site, via email, or via fax and takes no responsibility for any manuscript transmitted in this matter.

Links to Other Sites

You may be directed to other websites from ours via  a link on our site. Please note that these sites are separate from our site and are not governed by our rules or practices.

Indemnity

You agree to defend, indemnify and hold Smart Leaf Press and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users.

Termination

This agreement may be terminated by Smart Leaf Press at any time without notice.

Jurisdiction

This agreement shall be governed by the laws of the State of Arizona without giving effect to its conflict of law principles, and venue shall be in the state or federal courts located in the State of Arizona.

Thank You Program and Personal Referral Code

By requesting a Personal Referral Code through our Thank You Program, you agree to the terms set forth in this Terms of Use agreement.  Note that commissions rewarded through the Thank You Program will only be paid to those participants who have a valid Paypal account with a corresponding valid email address. Under no circumstances will commissions through this program be mailed or otherwise dispersed.

Commissions earned in conjunction with this program shall only be awarded for referrals to end-user consumers of the book: Empowered Medicine; A Guide for Consumers. In other words, no commission shall be awarded through this program for referrals made to other entities such as those who purchase the book at a wholesale discount for resale.

Commissions earned in conjunction with this program will only be awarded for purchases of the book made from the website www.smartleafpress.com  its sister site www.empoweredmedicine.com or phoned into the contact phone number listed at www.smartleafpress.com. No commissions shall be awarded in conjunction with this program for purchases made through other websites or by other means (i.e. through Amazon.com). No commissions shall be awarded in conjunction with purchases of the book formatted for the Amazon Kindle Reader.

By requesting a Personal Referral Code through our Thank You Program, the participant acknowledge that they are in no way being hired as an employee of Smart Leaf Press, but instead are acting as an independent contractor. As such, the participant agrees to the terms set forth in the section below titled ‘Independent Contractor Agreement’.

Independent Contractor Agreement

This Independent Contractor Agreement is entered into by and between Smart Leaf Press (the Company) and the participant in the Thank You Program (the Independent Contractor). In consideration of the mutual premises herein contained, Company and Independent contractor hereby agree as follows:

SECTION 1: ENGAGEMENT

The Company hereby engages the Independent Contractor to refer consumers to purchase the book Empowered Medicine; A Guide for Consumers per the guidelines described above.

SECTION 2: COMPENSATION

A. In full consideration for the performance of the Services hereunder, the Company shall pay the Independent Contractor $2.00 for each book that is purchased directly from www.smartleafpress.com, its sister site www.empoweredmedicine.com or phoned into the toll free phone number at Smart Leaf Press, where the end consumer has indicated the Independent Contractor’s Personal Referral Code while ordering.

B. Payment for services rendered by the Independent Contractor shall be paid bi-monthly, every other Friday.

C. The Company will NOT reimburse the Independent Contractor for expenses incurred in the performance of the Services (i.e. mileage, meals…etc)

D. Independent Contractor acknowledges and agrees that, except as provided in this Section 2, it shall not be entitled to, and the Company shall not be obligated to pay, any monies or other compensation for the Services provided and rights granted under this Agreement.

SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP

A. The Independent Contractor agrees to perform the Services hereunder solely as an Independent Contractor. The parties to this Agreement recognize that this Agreement does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the parties. The Independent Contractor is not authorized to enter into or commit the Company to any agreements, and the Independent Contractor shall not represent itself as the agent or legal representative of the Company.

B. The Company shall not be liable for taxes, Worker's Compensation, unemployment insurance, employers' liability, employer's FICA, social security, withholding tax, or other taxes or withholding for or on behalf of the Independent Contractor or any other person consulted or employed by the Independent Contractor in performing Services under this Agreement. All such costs shall be Independent Contractor's responsibility.

SECTION 4: WARRANTIES AND INDEMNIFICATION

A. The Independent Contractor represents and warrants that:

i) The Services shall be performed in accordance with, and shall not violate, applicable laws, rules or regulations, and standards prevailing in the industry and the Independent Contractor shall obtain all permits or permissions required to comply with such laws, rules or regulations;

ii) The Independent Contractor shall conduct referral services in conjunction with the Thank You Program that will not violate or in any way infringe upon the personal or proprietary rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and non-disclosure rights, or any trademark, copyright, or patent, nor will they contain any format, instruction, or information that is inaccurate or injurious to any person, computer system, or machine;

iii) The Independent Contractor has full power and authority to enter into and perform its obligations under this Agreement; this Agreement is a legal, valid, and binding obligation of Independent Contractor, enforceable against it in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, or similar laws affecting creditors' rights generally and equitable remedies); entering into this Agreement will not violate the Charter or By-laws of Independent Contractor or any material contract to which it is a party;

B. The Company represents and warrants that it has full power and authority to enter into and perform its obligations under this Agreement; this Agreement is a legal, valid, and binding obligation of the Company, enforceable against it in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, or similar laws affecting creditors' rights generally and equitable remedies); entering into this Agreement will not violate the Charter or By-laws of the Company or any material contract to which it is a party.

C. The Company shall not be liable for injury or death occurring to the Independent Contractor or any of its employees or other assistants in the course of performing this Agreement.

D. The Independent Contractor hereby indemnifies and holds harmless the Company, its subsidiaries, and affiliates, and their officers and employees, from any damages, claims, liabilities, and costs, including reasonable attorney's fees, or losses of any kind or nature whatsoever ("Loss") which may in any way arise from the Services performed by the Independent Contractor hereunder, the work of employees of the Independent Contractor while performing the Services of the Independent Contractor hereunder, or any breach or alleged breach by Independent Contractor of this Agreement, including the warranties set forth herein. The Company shall retain control over the defense of, and any resolution or settlement relating to, such Loss. The Independent Contractor will cooperate with the Company and provide reasonable assistance in defending any such claim.

SECTION 5: TERM AND TERMINATION

A. The term of this Agreement shall commence on the date hereof and shall continue until the the Agreement is terminated by either party.

B. This Agreement may be terminated:
i) by the Independent Contractor at any time, for any reason (or no reason) without written notice.

ii) by the Company at any time, for any reason (or no reason) upon 30 day written notice.

C. Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting, directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any causes beyond the control of such party.

SECTION 6: DAMAGES AND REMEDIES

A. C. The Independent Contractor waives any and all right to injunctive relief in the event of any dispute with the Company, and the Independent Contractor's sole remedy in such a dispute shall be at law.

Section 7: GENERAL TERMS

A. This Agreement shall be governed and construed in accordance with the laws of the State of Arizona applicable to contracts made and fully performed therein, and the state and federal courts located in Arizona shall have exclusive jurisdiction of all suits and proceedings arising out of or in connection with this agreement. Both parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding, and waive any claim that any such forum is an inconvenient forum.

B. Any notices to either party under this Agreement shall be in writing and delivered by hand or sent by nationally recognized messenger service, or by registered or certified mail, return receipt requested, to the address set forth above or to such other address as that party may hereafter designate by notice. Notice shall be effective when received, which shall be no greater than one (1) business day after being sent by a nationally recognized messenger service or three days after being sent by mail.

C. The Company may freely assign this Agreement, in whole or in part. The Independent Contractor may not, without the written consent of the Company, assign, subcontract, or delegate its obligations under this Agreement, except that the Independent Contractor may transfer the right only to receive any amounts which may be payable to it for performance under this Agreement, and then only after receipt by the Company of written notice of such assignment or transfer. This Agreement shall be binding upon and inure to the benefit of the parties' successors and assigns.

D. The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.

E. Following the expiration or termination of this Agreement, whether by its terms, operation of law, or otherwise, the terms and conditions set forth, as well as any term, provision, or condition required for the interpretation of this Agreement or necessary for the full observation and performance by each party hereto of all rights and obligations arising prior to the date of termination, shall survive such expiration or termination.

 

Final Considerations regarding Terms of Use

This Agreement represents the entire Agreement between the parties. The Agreement, Terms of Use and Privacy Policy may not be amended, changed, or supplemented in any way except by the Company. It may be changed by the Company at any time, for any reason (or no reason), without notice. For this reason, users of the website are encouraged to check the Terms of Use frequently. If a change in the agreement occurs, may notify, but is not obligated to notify, participants in the Thank You Program via email within 30 business days of the change.

 

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