Terms & Conditions

Effective Date: March 15, 2022

• By applying to become an EVO Global IBO through the EVO Global website and the online enrollment process, I acknowledge and agree that I have read and understood the EVO Global IBO Agreement, which consists of these Terms and Conditions, the EVO Global Policies and Procedures, the EVO Global Compensation Plan, and the EVO Global Social Media Policy (“IBO Agreement”). I confirm that my name and contact information are correct, that I am of legal age to enter into the IBO Agreement, and that I wish to become an IBO. I agree to comply with the terms and conditions set forth in the IBO Agreement. I understand that the IBO Agreement between me and EVO MOVEMENT INTERNATIONAL S.A. de C.V. (“EVO Global”) will become effective only upon EVO Global’s acceptance of my completed online IBO application and EVO Global’s receipt of my Initial and Recurring Fees. I understand that EVO Global has the right to accept or reject my application at its sole discretion.
• I understand that there is no requirement to become an IBO beyond entering into the IBO Agreement and paying the Initial and Recurring Fees. Recurring Fees are due every twenty-eight (28) days (“Recurring Fees”). No other purchase of sales materials, IBO training materials, or EVO Global Products and/or Services is required, and any such purchase by me is strictly voluntary. I understand that commissions, bonuses, or other compensation I may earn as an IBO (“Compensation”) and rank advancement are based solely on the successful sale of EVO Global Products and/or Services to customers, and that I am not required to purchase any EVO Global Product and/or Service.
• I understand that no Compensation is earned for enrolling new IBOs and that I will only be compensated based on the activities of other IBOs to the extent of sales of EVO Global Products and/or Services to customers by such IBOs.
• I hereby authorize EVO Global to (i) charge the initial fee and first recurring fee to my credit or debit card on file with EVO Global or another selected payment method (the “Payment Method”); and (ii) automatically charge the Payment Method for each Recurring Fee payment due and payable under this IBO Agreement. I agree to ensure that the Payment Method remains valid at all times and to provide EVO Global with all necessary information to enable EVO Global to charge the Payment Method for all amounts owed and payable by me to EVO Global. If the Payment Method expires or becomes invalid for any reason, or if I fail to pay fees when due, my IBO position will be deactivated, and at EVO Global’s option this IBO Agreement will terminate, and I will forfeit all rights under this IBO Agreement. EVO Global may, at its discretion, choose to keep my account open in a deactivated status. I understand and agree that if I pay using digital currency, my payment may be processed by a blockchain payment processor chosen by EVO Global on its behalf.
• If I enter into this IBO Agreement on behalf of a corporation, limited liability company, partnership, trust, or other entity, I represent that I have the authority to enter into such agreements on behalf of the entity and understand that the IBO Agreement will be conditioned upon EVO Global’s receipt of documentation verifying the identity of the entity’s owners and officers.
• This IBO Agreement will continue unless and until terminated earlier as permitted under this IBO Agreement. I agree that EVO Global may from time to time modify the initial and recurring fees by written notice delivered by email and/or posted in the EVO Global Center in my back office.
• The provisions of this IBO Agreement which by their nature are intended to survive the termination of this IBO Agreement shall survive termination, including but not limited to the Dispute Resolution Provisions, restrictive covenants, and all provisions relating to indemnification, confidentiality, and data protection.
• I agree that I am an independent contractor for all purposes under applicable federal, state, and local statutes, rules, regulations, and other laws (“Applicable Law”), and I am not an employee, partner, agent, franchisee, or legal representative of EVO Global, nor may I represent myself as such. I am responsible for my own business and am free to select my own means, methods, and manner of operation, and free to choose the time and place of my activities as an IBO. If I hire individuals to perform services for my independent business, I understand that I am responsible for their acts and omissions and for ensuring their compliance with this IBO Agreement and Applicable Law. I understand that I am solely responsible for filing and remitting any taxes and obtaining any licenses, permits, authorizations, or insurance required to conduct my IBO business. I will have no power or authority to bind EVO Global in any way, directly or indirectly, and I am not entitled to vacation, holidays, disability, insurance, pensions, retirement plans, or any other benefits offered or provided by EVO Global to its employees.
• I may terminate this IBO Agreement for any reason, at any time, by providing written notice to EVO Global at support@evoglobal.online. EVO Global may terminate this IBO Agreement in accordance with EVO Global’s Policies and Procedures or by giving me written notice if I breach any part of this IBO Agreement.
• I acknowledge that no income, benefits, or success are guaranteed, and that I will not make any claims of guaranteed benefits or representations of expected earnings as an IBO.
• I understand that EVO Global may charge a fee to process all Compensation. Compensation will be paid to the Payment Method I choose in my virtual office. If I wish to change the Payment Method for receiving Compensation, I understand that EVO Global may charge a fee to administer such change. Furthermore, I acknowledge and agree that any payment EVO Global issues or transfers to my e-wallet and which I do not request or which remains unclaimed for three (3) months after the date of issuance (“Unclaimed Funds”) will be returned to EVO Global and held by EVO Global in an account, and that EVO Global may assess a $10 per month account maintenance fee (the “Account Maintenance Fee”) until I have claimed all Unclaimed Funds held by EVO Global. I acknowledge and understand that EVO Global may deduct the Account Maintenance Fee every twenty-eight (28) days from the Unclaimed Funds, and if there are insufficient Unclaimed Funds held by EVO Global from which to deduct the Account Maintenance Fee when due, then the Account Maintenance Fee will be prorated to reflect the remaining Unclaimed Funds, and the remaining due Account Maintenance Fee will be charged to the Payment Method. When no Unclaimed Funds are owed to me by EVO Global, the account will be closed. Additionally, I acknowledge that Unclaimed Funds may be subject to applicable escheatment laws which may require EVO Global to deliver all or part of the Unclaimed Funds to the appropriate state or government authority.
• Compensation Payment in Cryptocurrency. Unless otherwise agreed with the Company, if I choose to receive my Compensation in cryptocurrency, I understand that I am solely responsible for opening, securing, and maintaining my wallet (“Wallet”). My “Wallet” means the location, wallet, address, account, or storage device I designate as the place where the cryptocurrency to be delivered to me should be sent. I acknowledge that the transfer and payment of Compensation in the form of cryptocurrency is complete once the cryptocurrency has been successfully delivered to my Wallet, and that once the Company transfers the cryptocurrency, it belongs to me and is under my exclusive control. I will bear all risk of loss of the cryptocurrency, including but not limited to loss resulting from unauthorized access to my Wallet, fraud, or theft. I acknowledge that the value of cryptocurrency may be volatile, and that the value of the cryptocurrency I receive and/or the amount of funding may be different (higher or lower) than the fair market value or other measure of cryptocurrency value at the time of payment by EVO Global. I will bear all risk of loss resulting from converting cryptocurrency into any other currency and will be responsible for all transaction fees arising from the transfer and payment of Compensation in cryptocurrency. I agree to indemnify and hold harmless the Company and its affiliates, and their respective officers, directors, employees, and agents, from and against any loss, damage, liability, or expense, including reasonable costs and attorneys’ fees and expenses, arising from or related to the terms of this Agreement.
• I will comply with EVO Global’s Policies and Procedures. I also agree not to engage in or carry out deceptive, fraudulent, or unethical practices, nor make false or misleading statements, regarding EVO Global, EVO Global’s Products and/or Services, and the EVO Global business opportunity.
• I agree to comply with Applicable Law governing the marketing, sale, or promotion of EVO Global’s Products and/or Services. I understand that EVO Global offers educational Products and/or Services, and that at no time will I claim or imply, directly or indirectly, that EVO Global offers financial advice or services, or investment advice, or acts as a regulated intermediary.
• I understand that if EVO Global has reason to believe I have breached the terms of the IBO Agreement, EVO Global may suspend my IBO position to investigate the alleged violation and any Compensation that may be owed to me may be withheld by EVO Global until a final resolution is reached. I acknowledge that if EVO Global determines I have violated this IBO Agreement, then EVO Global may, at its option, (if permitted by applicable law) impose fines which may be withheld from commissions owed to me and/or terminate this IBO Agreement, in which case I will not be entitled to any Compensation of any kind.
• I acknowledge and understand that EVO Global reserves the right to vary or change the terms and conditions of the EVO Global Compensation Plan at any time, including without limitation those terms and conditions relating to eligibility. Furthermore, I acknowledge and understand that EVO Global may also offer me from time to time certain incentives outside of the EVO Global Compensation Plan (e.g., promotional incentives), and that such incentives may be subject to separate terms and conditions.
• I agree to indemnify, defend, and hold harmless EVO Global and its shareholders, directors, officers, contractors, and employees from and against any claims, damages, costs, and expenses, including without limitation attorneys’ fees and costs, arising out of or in connection with my actions or omissions in performance of this IBO Agreement.
• IN NO EVENT SHALL EVO GLOBAL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH ANY CAUSE, INCLUDING BUT NOT LIMITED TO ANY BREACH OF WARRANTY OR ANY DELAY, ACT, ERROR, OR OMISSION OF EVO GLOBAL OR THE DELIVERY, NON-DELIVERY, DISCONTINUATION, OR MODIFICATION OF ANY PRODUCT OR SERVICE BY EVO GLOBAL, EVEN IF EVO GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• DISPUTE RESOLUTION PLEASE READ THIS SECTION OF THE IBO AGREEMENT CAREFULLY, AS IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION AND INCLUDES CERTAIN WAIVERS, INCLUDING WAIVERS OF CLASS ACTIONS, CLASS ARBITRATION, AND JURY TRIAL.
• RESTRICTIVE COVENANTS
• This IBO Agreement shall be governed by and construed in accordance with the law of the State of Quintana Roo, Mexico, without regard to conflict of laws principles. The parties consent to jurisdiction and venue before any federal or state court in Cancun, Quintana Roo, for purposes 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 posting the revisions on the EVO Global website or in the EVO Global virtual office (my.evoglobal.life), Any change to this IBO Agreement may be made effective at EVO Global’s discretion on the execution date, on the date of publication of the amended IBO Agreement by EVO Global, or prospectively on 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 complete agreement and understanding between me and EVO Global regarding its subject matter and supersedes any prior or contemporaneous agreements, representations, commitments, or understandings, whether 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, the following order of precedence shall apply: first, (i) the Dispute Resolution Provisions, then (ii) these Terms and Conditions, then (iii) EVO Global Policies and Procedures, and finally (iv) the EVO Global Compensation Plan.
• I understand that I may not assign this IBO Agreement, or any part of it, 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 without my consent, and upon doing so, EVO Global shall be released from any duties, obligations, and/or liabilities 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 competent authority to be invalid or unenforceable in whole or in part for any reason, the validity of the remaining provisions or parts thereof shall not be affected, and such authority shall reform the IBO Agreement to the extent necessary in a manner that most closely expresses the intent of the invalid or unenforceable provision while making enforceable the provision or part thereof that would otherwise be unenforceable.

CANCELLATION NOTICE

Unless otherwise required by applicable law, I may cancel this transaction without penalty or obligation and receive a full refund if I submit a valid cancellation notice postmarked within seven (7) days from the date of this IBO Agreement, not including the signature date. 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 submit a written and dated copy of the cancellation notice by email or through my virtual office. Alternatively, I may deliver the cancellation notice in writing 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 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.