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TERMS AND CONDITIONS

Effective date: March 15, 2022

    PLEASE READ THIS IBO AGREEMENT CAREFULLY. THIS IBO AGREEMENT REQUIRES THE USE OF INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, INSTEAD OF JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  • This Independent Business Owner Agreement (the “IBO Agreement”) is between you (“you” or “IBO”) and Evo Global, S.A. de C.V. (together with its successors, assigns, subsidiaries, and affiliates, referred to herein as “Evo Global,” “we,” or “us”). Evo Global sells its services through its proprietary platform. Evo Global services may be sold and promoted by authorized Independent Business Owners (“IBOs”).
  • By clicking to accept these terms and becoming an IBO, you agree to be bound by the terms of this IBO Agreement, including the Evo Global Terms of Use (the “Terms of Use”), Evo Global’s Privacy Policy (the “Privacy Policy”), Evo Global’s IBO Code of Conduct (the “Code of Conduct”), Evo Global’s Compensation Plan (the “Compensation Plan”), and Evo Global’s Return Policy (the “Return Policy”), each of which is incorporated by reference and made a part of this IBO Agreement (collectively, the “Evo Global Agreements”). You also agree that you are entering into this IBO Agreement electronically and that your electronic acceptance of this IBO Agreement constitutes your signature and acceptance of the Evo Global Agreements, which is the legal equivalent of your handwritten signature. You acknowledge that you have read, understood, and agreed to be bound by the terms of this IBO Agreement and the Evo Global Agreements.
  • 1. Eligibility: You represent that you are at least 18 years old, have the legal capacity to enter into this Agreement, and are not prohibited from doing so under applicable law.
  • 2. Appointment: Evo Global hereby appoints you as an Independent Business Owner (“IBO”) and grants you the non-exclusive right to promote and sell Evo Global’s services in accordance with the Evo Global Agreements.
  • 3. Independent Contractor: You acknowledge and agree that as an IBO you are an independent contractor and not an employee, partner, joint venturer, agent, or legal representative of Evo Global. You have no authority to bind Evo Global, incur any obligations on behalf of Evo Global, or represent yourself as having such authority.
  • 4. Compliance: You agree to comply with all applicable laws and regulations, as well as the Evo Global Agreements, in connection with your activities as an IBO. You agree not to make any false, misleading, or unauthorized representations regarding Evo Global or its services.
  • 5. Compensation: As an IBO, you may be eligible to receive compensation in accordance with the Compensation Plan. Evo Global reserves the right to amend the Compensation Plan at any time. Your continued participation as an IBO after such amendment constitutes your acceptance of the revised Compensation Plan.
  • 6. Taxes: As an independent contractor, you are solely responsible for paying all applicable federal, state, and local taxes arising from your income as an IBO. Evo Global will not withhold or pay any taxes on your behalf.
  • 7. Confidentiality: You agree to maintain the confidentiality of all confidential information provided to you by Evo Global, including but not limited to customer information, business strategies, and product information. You agree not to disclose or use such information except as expressly authorized by Evo Global.
  • 8. Intellectual Property: You acknowledge that all intellectual property rights in Evo Global’s services, trademarks, trade names, logos, and materials are owned by Evo Global. You are granted a limited, non-exclusive, non-transferable license to use Evo Global’s trademarks and materials solely for the purpose of promoting and selling Evo Global’s services in accordance with the Evo Global Agreements.
  • 9. Term and Termination: This Agreement shall commence upon your acceptance and continue until terminated by either party. Evo Global may terminate this Agreement at any time, with or without cause, by providing notice to you. You may terminate this Agreement at any time by providing written notice to Evo Global.
  • 10. Effect of Termination: Upon termination of this Agreement, you shall immediately cease all promotion and sale of Evo Global’s services and return all confidential information and materials belonging to Evo Global. You shall not be entitled to any further compensation or benefits from Evo Global, except as expressly provided in the Compensation Plan.
  • 11. Limitation of Liability: To the maximum extent permitted by law, Evo Global shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement, whether based on contract, tort, or any other legal theory, even if Evo Global has been advised of the possibility of such damages.
  • 12. Indemnification: You agree to indemnify, defend, and hold harmless Evo Global, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your activities as an IBO, your breach of this Agreement, or your violation of any applicable law.
  • 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Mexico, without regard to its conflict of law principles.
  • 14. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved by binding individual arbitration in accordance with the rules of the arbitration institution designated by Evo Global. The arbitration shall take place in Mexico City, Mexico. You agree to waive any right to a jury trial or to participate in a class action.
  • 15. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • 16. Entire Agreement: This Agreement, together with the Evo Global Agreements, constitutes the entire agreement between you and Evo Global with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
  • 17. Amendments: Evo Global may amend this Agreement or the Evo Global Agreements at any time by posting the amended terms on its website or by providing notice to you. Your continued participation as an IBO after such amendment constitutes your acceptance of the amended terms.

    • All disputes and claims related to EVO Global, the IBO Agreement, or EVO Global Products and/or Services, the rights and obligations of an IBO and EVO Global, or any other claim or cause of action related to the performance of an IBO and EVO Global under the IBO Agreement (“Dispute”) shall be fully and finally resolved by arbitration in Cancun, Quintana Roo, Mexico, or in another location prescribed by EVO Global, in accordance with Mexican Law. The arbitrator’s decision shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction. Each party to the arbitration shall be responsible for its own arbitration costs and expenses, including legal and filing fees. Nothing in the IBO Agreement shall prevent EVO Global from seeking and obtaining from any court of competent jurisdiction an order of attachment, a temporary, preliminary, or permanent injunction, or other available relief to safeguard and protect EVO Global’s interest before, during, or after the filing of any arbitration or other proceeding pending the rendering of a decision or award in connection with any arbitration or other proceedings. For the avoidance of doubt, claims of different IBOs shall be heard in separate, bilateral arbitration proceedings. Arbitration proceedings and any award shall be kept confidential. No amendment to this arbitration provision shall apply to a Dispute of which EVO Global had actual knowledge on the date of the amendment. Any termination of this arbitration provision shall not be effective until 10 days after reasonable notice of the termination has been given to the IBOs or with respect to Disputes arising prior to the termination date. CLASS ACTION WAIVER. IN THE EVENT THAT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF THE IBO AND EVO GLOBAL AGREE THAT SUCH DISPUTE SHALL ONLY BE RESOLVED INDIVIDUALLY. EACH OF THE IBO AND EVO GLOBAL SPECIFICALLY AGREE THAT CLAIMS MAY BE BROUGHT AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ACTION. JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF THE IBO AND EVO GLOBAL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW. Delegation to the Arbitrator. Except as provided in this Section 19, I acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable. Severability. If any provision contained in these Dispute Resolution Provisions is found to be invalid or unenforceable, such provision shall automatically be modified to the minimum extent necessary to make the parties’ agreement to arbitrate valid and enforceable. If a provision conflicts with a mandatory provision of Applicable Law, the conflicting provision shall automatically be severed, and the remainder shall be construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected. Survival. The Dispute Resolution Provisions shall remain in effect even after the termination of the IBO Agreement or the termination of the IBO’s business relationship with EVO Global.

  • RESTRICTIVE COVENANTS

    • For the purposes of this Agreement and this Section 20, the following terms shall have the meanings provided below: “EVO Global Products and/or Services” means all digital educational products and online educational instruction and training services that EVO Global offers for sale from time to time. “Customer/Member” means a person or entity who purchases EVO Global Products and/or Services. “Downline” means all IBOs who are on the first level or below your IBO position in your IBO sales organization. “Participating Party” means a shareholder, partner, or beneficial owner of an IBO position holding an interest in the IBO position equal to or greater than five percent (5%) of the total interest therein, or any individual who acquires Customers/Members or recruits potential IBOs in connection with an IBO position as permitted by the IBO Agreement. “Restricted IBO” means any individual who is, or within the last six (6) months has been, a party (directly or as a Participating Party) to an IBO Agreement with EVO Global. “Solicit” means, in effect or intent, to solicit, recruit, enroll, sponsor, attract, induce, influence, or encourage, in each case in any manner and through any medium or method (including, without limitation, communications made affirmatively or responsively, directly or indirectly, expressly or implicitly, or personally or through or with one or more third parties). “Solicitation” means any activity that solicits, including but not limited to, personal meetings, telephone calls (e.g., direct calls and three-way calls), emails, text messages, chat messages, and social media postings.

    Non-Solicitation of Customers/Members. During the term of this IBO Agreement and for a period of one (1) year after the expiration or early termination thereof, I agree that I will not Solicit any Customer/Member to whom I have marketed EVO Global Products and/or Services within the two (2) years immediately preceding to (i) move their business away from EVO Global; or (ii) purchase products or services that are the same as or similar to any EVO Global Product and/or Service, unless expressly approved in writing by EVO Global. I acknowledge and agree that all Customers/Members Solicited by an IBO for the promotion or sale of EVO Global Products and/or Services are considered Customers/Members of EVO Global and not of the IBO, regardless of whether the IBO originally introduced such Customer/Member to EVO Global.

    Non-Solicitation of Restricted IBOs. During the term of this IBO Agreement and for a period of one (1) year after the expiration or early termination thereof, I agree that I will not Solicit any Restricted IBO to participate, personally or through any entity or other means, in another network marketing, multilevel marketing, or direct selling business opportunity. I acknowledge and agree that due to the nature of network marketing it is reasonable that the foregoing non-solicitation prohibition extend to all markets in which EVO Global conducts business. D. Survival of Restrictive Covenants. I acknowledge and agree that my obligations under this Section 20 shall survive the expiration or termination of this IBO Agreement for any reason. Further, I acknowledge and agree that temporary and permanent injunctive relief is an appropriate remedy to prevent further harm to EVO Global from my violation of the provisions of this Section 20.

  • This IBO Agreement shall be governed by and construed in accordance with the law of the State of Quintana Roo, Mexico, without regard to principles of conflicts of laws. The parties consent to jurisdiction and venue in any federal or state court in Cancun, Quintana Roo for the purpose of enforcing an arbitrator’s award or any other matter not subject to arbitration.
  • I acknowledge that EVO Global fully reserves the right to amend or modify this IBO Agreement at any time by notifying me of the changes by email or by posting the revisions on EVO Global’s website or in EVO Global’s virtual office (my.evoglobal.life), and any change to this IBO Agreement may be made effective, at EVO Global’s option, on the date of execution, or on the date of posting of the amended IBO Agreement by EVO Global, or prospectively to a date specified in the amendment. This IBO Agreement may not be modified or amended except as described herein and no amendment shall apply retroactively.
  • The IBO Agreement constitutes the entire agreement and understanding between me and EVO Global with respect to its subject matter and supersedes any prior or contemporaneous agreement, representation, commitment, or understanding, oral or written, made by or between EVO Global and me. In the event of a conflict between the terms and conditions contained in the IBO Agreement comprising the IBO Agreement, the following order of precedence shall apply: first, (i) the Dispute Resolution Provisions, then (ii) these Terms and Conditions, then (iii) EVO Global’s Policies and Procedures, and lastly (iv) EVO Global’s Compensation Plan.
  • I understand that I may not assign this IBO Agreement, or any part thereof, or any of the duties, obligations, or responsibilities contained herein, without the prior written consent of EVO Global, which may be withheld, conditioned, or delayed at EVO Global’s sole discretion. EVO Global may assign this IBO Agreement at any time and without my consent, and upon doing so EVO Global shall be released from any duty, obligation, and/or liability arising from this IBO Agreement. This IBO Agreement shall be binding upon and inure to the benefit of the heirs, successors, and permitted assigns of the parties hereto.
  • Subject to the Dispute Resolution Provisions, if any provision of this IBO Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason, the validity of the remaining provisions or parts thereof shall not be affected thereby and such court shall reform the IBO Agreement to the extent necessary in a manner that most closely expresses the intent of the invalid and unenforceable provision while making valid and enforceable the provision or part thereof that would otherwise be unenforceable.

NOTICE OF CANCELLATION

Unless otherwise required by applicable law, I may cancel this transaction, without penalty or obligation, and obtain a full refund, if I send a valid cancellation notice postmarked within seven (7) days from the date of this IBO Agreement, not including the date of signing. I understand that, unless otherwise required by applicable law, if I cancel after the seven (7) day period, I am not entitled to any refund. To cancel this IBO Agreement, I must deliver by email or through my virtual office a written and dated copy of the cancellation notice. Alternatively, I may deliver the written cancellation notice to the following address: Calle Buenavista 31 int 4, colonia Barrio del Niño Jesús, Mexico City, Mexico. Some jurisdictions require a longer cancellation period by law, and where the applicable cancellation law conflicts with EVO Global’s policy, such law shall prevail and the cancellation rights set forth herein shall be deemed modified to reflect the applicable requirements.