Amare Global BRAND PARTNER AGREEMENT

1. Authorization and Contract. By executing the Amare Global Brand Partner Agreement (“Agreement”), you apply for legal authorization to become an Amare Global business owner and enter into contract with Kyani Australia, Inc. dba Amare Global Australia., hereinafter referred to as “Amare Global.” You acknowledge that prior to signing you have received, read and understood the Amare Global Compensation Plan, that you have read and understood the Amare Global Policy Manual, which are incorporated into this Agreement and made part of it as if restated in full, as posted on www.amare.com/en-au | amare.com/en-nz and that you have read and agree to all terms set forth in this Agreement. Amare Global reserves the right to reject any application for any reason.
2. Expiration, Renewal, and Termination. The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policy Manual). If you fail to annually renew your Amare Global business, or if it is cancelled or terminated for any reason, you understand that you will permanently lose all rights as a Brand Partner. You shall not be eligible to sell Amare Global 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, termination or nonrenewal, 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. Amare Global reserves the right to terminate all Brand Partner Agreements upon thirty (30) days’ written 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. Brand Partner may cancel this Agreement at any time, and for any reason, upon written notice to Amare Global at its principal business address. Amare Global may cancel this Agreement for any reason listed in the Amare Global Policy Manual upon written notice to Brand Partner. Amare Global may also take actions short of termination of the Agreement, if the Amare Global Brand Partner breaches this Brand Partner Agreement or Amare’s Policy Manual.
3. Independent Contractor Status. You agree this authorization does not create an employer/employee relationship, agency, partnership, or joint venture between Amare Global and the Brand Partner. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products available through Amare Global 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. 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 a product directly to a customer, you will adhere to Amare Global’s 100% product satisfaction guarantee policy set forth in the Policy manual and shall provide the customer a full refund of all monies paid if the customer returns the product to you as described within the Amare Global Return Policy. If you are not 100% satisfied with our products, you may return the items for a refund if neither you nor we have terminated the Agreement, are within the Brand Partner return period, and remain in Currently Marketable condition. If the return occurs within 30 days will receive 100% refund of the purchase price minus shipping charges. After 30 days, only Amare Credit will be provided as a form of Refund. After 90 days, returns are no longer accepted. Shipping and handling charges incurred will not be refunded. These guarantees do not seek to exclude, limit or modify any rights a consumer may have under the ACL in addition to statutory consumer guarantees.
5. Presenting the Plan. You agree when presenting the Amare Global Compensation Plan to present it in its entirety as outlined in official Amare Global 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 Amare Global. You agree to instruct all prospective Brand Partners to review the Amare Global Income Disclosure Statement.
6. Selling Product. You agree to make no representations or claims about any products beyond those shown on product labels and/or in official Amare Global literature. No Brand Partner may make any claim that Amare Global products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as therapeutic claims. You further agree to sell products available through Amare Global only in authorized states and territories.
7. Images / Recordings / Consents. You agree to permit Amare Global 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 Amare Global for any lawful purpose, and without compensation.
8. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with Amare Global as set forth in this Brand Partner Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of New South Wales without regard to conflict of law provisions.
9. Dispute Resolution. All disputes and claims relating to Amare Global, its products and services, the rights and obligations of a Brand Partner and Amare Global, or any other claims or causes of action relating to the performance of either a Brand Partner or Amare Global under the Agreement or the Amare Global Policy Manual shall be settled totally and finally by arbitration as enumerated in the Amare Global Policy Manual. Additionally, you agree not to initiate or participate in any class action proceeding against Amare Global, 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.
10. Time Limitation. . If a Brand Partner wishes to bring an action against Amare Global 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. Brand Partner waives all claims that any other statutes of limitations apply.
11. Miscellaneous. 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 counterparts, 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 Amare Global and supersedes any prior agreements, understandings and obligations between you and Amare Global concerning the subject matter of your contract with Amare Global.
12. Notice of Right to Cancel. You may request a refund on your enrolment fee if it's done within ten (10) business days from the date of enrolment. If you cancel, any enrolment fees paid will be returned within TEN (10) BUSINESS DAYS following receipt by the seller of your cancellation notice. To cancel this transaction, mail or deliver written notice, to Kyani Australia, Inc. dba Amare Global., Quad 3, Suite 2.04, Level 2/102 Bennelong Parkway, Sydney Olympic Park NSW 2127, not later than midnight of the seventh business day following the date of this Agreement.