ColorMonthly Distributor Agreement, Commission Structure, and Terms of Service (TOS)
-newest version updated 3/9/2017
I understand and agree that as a ColorMonthly Distributor:
- The ColorMonthly Distributor Agreement, Commission Structure, and Terms of Service contained here are collectively referred to as the Distributor Agreement.
- I understand that my participation as an independent Distributor in ColorMonthly means that I have carefully read and agree to follow the Distributor Agreement. I understand that ColorMonthly has the right to modify or amend the Distributor Agreement at any time, and I agree that any such amendment will apply to me. Notification of changes to the Distributor Agreement will be delivered via email, to the email address associated with my ColorMonthly Distributor account, and the latest version of the Distributor Agreement will always be available via my ColorMonthly Distributor back office. I agree that the voluntary continuation of my Distributor account and the acceptance of commissions and bonuses from ColorMonthly constitutes my acceptance of any modifications to this Distributor Agreement. I agree that this Distributor Agreement, in its current form, constitutes the entire contract between ColorMonthly and myself. Any promises, representations, offers or other communication not expressly set forth in this Distributor Agreement are of no force or effect.
- I agree to represent ColorMonthly as a Distributor with honesty and integrity. I agree to comply with all federal, state, county, and municipal laws, ordinances, rules and regulations, in the country I am a citizen of, and/or reside in. I understand that I shall not be treated as an employee for any federal or state tax purposes.
- I understand that I have the right to purchase products from ColorMonthly.com, and refer others to purchase products from ColorMonthly.com in accordance with this Distributor Agreement.
- I understand that I have the right to enroll others in Club ColorMonthly, and will offer training and leadership to these others, referred to as my ‘Downline’.
- I agree that as a ColorMonthly Distributor, I am an independent contractor and not an employee, agent, partner, or franchisee of ColorMonthly. I am not authorized to use the ColorMonthly name to incur any debt or obligation, including opening a checking account under the name ColorMonthly. I understand and agree that ColorMonthly will not reimburse me for any expenses that I incur while marketing my business, and I understand that I control the manner and means by which I run and market my business. I agree that when referring to ColorMonthly, I identify myself as an independent Distributor of the company and do not imply ownership or partnership. I understand that I do not have authorization to speak for the company, or enter into any binding agreement or contract as ColorMonthly.
- I understand and agree that I am authorized as a Distributor of ColorMonthly as of the date of acceptance of this Distributor Agreement. I understand and agree that I must be an ‘Active Distributor’, that is, a Distributor in good standing, and not in violation of any of the terms of this agreement in order to be eligible to receive any bonuses or commissions from ColorMonthly.
- I understand that the term of my involvement as a Distributor with ColorMonthly is on a month-to-month basis, based on being an Active Distributor and member of Club ColorMonthly, which requires a $10 monthly purchase of 30+ coloring pages, delivered digitally via email. In order to ensure that my Distributor account remains Active, and to avoid a risk of termination, I agree to authorize ColorMonthly to debit my card on file each month, on the anniversary date of enrollment, my $10 Club ColorMonthly payment. I understand that it is my responsibility to maintain the card on file and to ensure that it has processed for the month, and to notify ColorMonthly of any changes to my card. I understand that commission payments and bonuses are made to Active Distributors only, and if my card is unable to process during a given month, I will be deemed an Inactive Distributor, and I will not be eligible for commission payments and/or bonuses during that month. I also understand that if my card is unable to process for three consecutive months, my ColorMonthly Distributor account will be disabled, and I will permanently waive all rights to and lose my Downline and any current or future commissions from that Downline.
- I understand that in order to be credited with commissions, I need to be an Active Distributor and share my personal affiliate link with my prospects. This link is found in my Distributor back end account. I understand that if I do not use my personal affiliate link, I will not be credited with any prospect. I understand that in the event that a prospect has accessed the personal affiliate link of two or more Club ColorMonthly Distributors, the Sponsor that is credited with the prospect, should he join and become a Customer or Distributor, is the Sponsor that the prospect clicked on first. I also understand that once a prospect has been linked to a Sponsor, ColorMonthly is unable to change that Sponsor. This includes changing my own Sponsor.
- I understand that to be classified as an Active Distributor, and to be eligible to receive monthly commission payments and/or bonuses, I must not be in violation of this Distributor Agreement. I understand that violations of this Distributor Agreement can result in disciplinary action by ColorMonthly up to and including termination of my Distributor account, which will permanently waive all rights to and disable my downline, and will cease any current or future commissions from that downline.
- I understand that ColorMonthly pays Active Distributors commissions owed on the 5th of the month following the end of the month. For example, commissions earned by Active Distributors in March will be paid on April 5th. I understand that payments are made via check, in USD, and any foreign transaction fees imposed on me if I live outside the United States are my responsibility. I understand that commission checks are mailed to the address I have on file in my Distributor Account, and that it is my responsibility to make updates to that address, if needed. I understand that commission checks under $10 will be held by ColorMonthly until an owed check exceeds $10. I agree that the first commission checks will be made on April 5th, 2017, for commissions earned from launch until March 31, 2017. I understand that commissions will not be applied to my monthly Club ColorMonthly $10 purchase that is required to maintain my status as an Active Distributor. I agree that disputes regarding commissions will be made within 15 days of payment by emailing email@example.com, or I will forfeit the right to make a dispute. I understand that payment information is available in my Distributor back office, and that I do not need to wait for a check to arrive to make a dispute. I understand that if I reside in the USA and my commissions exceed $600 for a calendar year, ColorMonthly will place my commissions on hold until I have filed an IRS form w9 with ColorMonthly. I will be notified if/when this occurs.
- I understand that I have the right to cancel my membership at any time. I am able to do so by emailing firstname.lastname@example.org. I understand that there are no additional costs to me, or obligations that I must fulfil in order to cancel my account. I understand that canceling my account will disable it, and I will permanently waive all rights to and lose my Downline and any current or future commissions from that Downline.
- I understand and agree to be bound by the refund policy of ColorMonthly, which states that a Customer or Distributor may request a refund, for any reason, within 30-days of original purchase. Accounts, including Distributor accounts, with processed refunds may be disabled to prevent future purchases at ColorMonthly’s discretion. A Distributor who requests a refund is considered an Inactive Distributor and will forfeit any commissions earned during that month. If a Customer or Distributor is given a refund, commissions will be deducted from the Distributor(s) commissions owed. If commissions have already been paid, they will be deducted from future commissions owed.
- I understand that all images and coloring pages distributed through ColorMonthly including Club ColorMonthly Premier Images as well as packages and free coloring pages are the exclusive copyright of ColorMonthly.com, and I am not authorized to share or sell these images outside the scope of this Distributor Agreement. I agree that violations of the copyright on these images may result in the immediate and permanent closure of my Distributor account, which will permanently waive all rights to and loss of my Downline and any current or future commissions from that Downline. I also understand that I am encouraged to share photos of ColorMonthly coloring pages I have colored myself, and that sharing colored-in pages is not a violation of this copyright.
- I understand that ColorMonthly will provide approved graphics and images for me to use to market my business, at no cost to me. If I would like to create my own images for marketing my ColorMonthly business, I agree to submit the completed images to the ColorMonthly compliance team at email@example.com for approval prior to use. In the event that the compliance team does not approve my images, I agree to not use them.
- I may not assign rights or delegate my duties under this Distributor Agreement to someone else without the prior written consent of ColorMonthly. This includes transferring my Distributor account to another person or entity. I agree that any attempt to transfer or assign this agreement without the prior written consent of ColorMonthly may result in the immediate and permanent disable of my Distributor account, which will permanently waive all rights to and loss of my Downline and any current or future commissions from that Downline.
- I understand that ColorMonthly does not guarantee any income will be made by a Distributor. Commission earnings will vary from one Distributor to another based on individual effort, experience, and circumstance. ColorMonthly is in no way a ‘get rich quick’ program, where one may simply sign up and income will follow. I agree that as an independent Distributor of ColorMonthly, I will not make or imply any earning claims or guarantees about what any new Distributor may expect to earn, nor will I imply that simply signing up for Club ColorMonthly will produce income. I understand that if I am found to be in violation of this, it may result in disciplinary action from ColorMonthly, up to and including the immediate and permanent closure of my Distributor account, which will permanently waive all rights to and loss of my Downline and any current or future commissions from that Downline.
- I agree not to make disparaging comments about ColorMonthly, its officers, employees, or products.
- I agree not to interfere with the business relationships between other Distributors and their Downlines, or potential Downlines, or Customers.
- I understand that ColorMonthly offers commissions for the sale and consumption of coloring pages for adults, not for the recruitment of new Distributors. ColorMonthly’s goal is to be a world leader in quality coloring pages for hobby use. Distributors are encouraged to print and color their monthly Club ColorMonthly pages, and share photos of the completed pages with other Distributors, Customers, and potential Distributors or Customers. If a Distributor is unable to use his/her Club ColorMonthly membership, but is passionate about the hobby and still wishes to participate in the program, he/she is encouraged to gift the monthly product to one of their family members or friends. Each Club ColorMonthly membership is intended for personal use by one person or household.
- I agree that ColorMonthly and its parent company, Cleobird, Inc, its directors, officers, employees, and agents (referred to collectively as ‘affiliates’), shall not be liable for any loss of profits, direct or indirect, or any damages or other loss incurred or suffered by me. I further release ColorMonthly and its affiliates from any and all liability arising from or related to the promotion or operation of my ColorMonthly business.
- I agree that this Distributor Agreement will be governed by and construed in accordance with the laws of Duval County in the State of Florida, and all disputes and claims relating to ColorMonthly, ColorMonthly products, the Distributor Agreement, the rights and responsibilities of an Independed ColorMonthly Distributor, or any claims or causes of action relating to the performance of ColorMonthly or the ColorMonthly Distributor shall be settled in full by arbitration in Duval County, Florida, in accordance with the Federal Arbitration Association. If a Distributor files a claim or counterclaim against ColorMonthly, the Distributor shall do so on an individual basis and not with any other Distributors or as part of a class action. The decision of the arbitrator shall be final and binding on the parties. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration including legal and filing fees. This agreement to arbitrate shall survive any termination of, or expiration of, this Distributor Agreement. Noting in this Distributor Agreement shall prevent ColorMonthly from applying to, and obtaining from, any court having jurisdiction writ of attachment, a temporary injuction, preliminary injunction, or permanent injunction to safeguard and protect ColorMonthly’s interest prior to, during, or following the filing of any arbitration or other proceeding pending the rendition of a decision with any arbitration or other proceeding.
Commissions for the $10 a month Club ColorMonthly program are earned by Active Distributors based on personal sales and the sales of their downline 7 levels deep.
7 Level Commission Payout
1st – $2 commission – 20% of the total sale
2nd – $0.25 commission – 2.5% of the total sale
3rd – $0.25 commission – 2.5% of the total sale
4th – $1 commission – 10% of the total sale
5th – $0.25 commission – 2.5% of the total sale
6th – $0.25 commission – 2.5% of the total sale
7th – $1 commission – 10% of the total sale
Commission is reoccurring for all 7 Levels. Each time a payment is made from a Customer or Distributor, all 7 Levels of Active Distributors will receive commission.
Commission on other digital products other than the $10 a month Club ColorMonthly program, is paid on a one-time 7 Level Commission Payout structure, as follows:
1st – 20% of the total sale
2nd – 2.5% of the total sale
3rd – 2.5% of the total sale
4th – 10% of the total sale
5th – 2.5% of the total sale
6th – 2.5% of the total sale
7th – 10% of the total sale