Delta Digital Brand Ambassador AGREEMENT
Terms of Service
BRAND AMBASSADOR APPLICATION & AGREEMENT
1. Authorization and Contract. By executing this Delta Digital Brand Ambassador Agreement
(“Agreement”), you apply for legal authorization to become a Delta Digital Brand Ambassador as a
business owner and enter into contract with Delta Digital LLC, (hereinafter “Company”). You
acknowledge that prior to signing this Agreement you have received, read and understood the
Company Income Disclaimer Statement, the Company Policies and Procedures, the Company Privacy
Policy Notice, the Company Compensation Plan, and, if applicable, the Business Entity Registration
Form, and all terms set forth in this Agreement. All documents shall be incorporated into this
Agreement, thus collectively referred to as the “Agreement” hereinafter. Company reserves the right to
reject any application for any reason within thirty (30) days of receipt.
2. Expiration, Renewal, and Termination. This Agreement will remain in effect until you voluntarily
cancel the Agreement, your account becomes inactive and/or you fail to renew, or the Company
terminates you as a Brand Ambassador, as outlined more fully in the Company Policies and
Procedures. If you fail to renew your Company business, or if it is cancelled or terminated for any
reason, you understand that you will permanently lose all rights as a Brand Ambassador. You shall
neither be eligible to sell Company products or services, nor shall you be eligible to receive
commissions, 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
commissions, bonuses, or other remuneration derived through the sales and other activities of your
former downline organization. Company reserves the right to terminate all Brand Ambassador
Agreements upon thirty (30) days’ 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. A Brand Ambassador may cancel this Agreement at any time, and for any reason,
upon written notice to Company. Company may cancel this Agreement at any time and for any reason
upon written notice to the Brand Ambassador. Company may also take actions short of termination of
the Agreement if the Brand Ambassador breaches any of its obligations under the Agreement.
3. Independent Contractor Status. You agree this authorization does not make you an employee,
agent, or legal representative of Company or your sponsoring Brand Ambassador. As a self-employed
independent contractor, you will be operating your own independent business, buying and selling
products available through Company 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. You will receive IRS Form 1099-NEC reflecting the amount of income paid to
you during the calendar year. By agreeing to these terms, you agree to receive the 1099-NEC form
electronically. It will be your sole responsibility to account for such income on your individual income
4. Presenting the Plan. You agree when presenting the Company Compensation Plan to present it in
its entirety as outlined in official Company 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 the Company. You also agree to present the Company Income Disclosure
Statement to all prospective Brand Ambassadors and to instruct them to review it prior to enrollment.
5. Refunds. All Refunds shall abide by the Company return/refund policy as determined by the
individual service offering and as further defined in the Company Policies and Procedures. All initial
fees from Brand Ambassadors to Company shall be in accordance with the cancellation policy outlined
within Section 15 below.
6. Delta Digital’s Proprietary Information and Trade Secrets. You recognize and agree that, as
further set forth in the Company Policies and Procedures, information compiled by or maintained by
Company, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates
to all or part of the specific arrangement of sponsorship within the Company business including,
without limitation, distributor lists, sponsorship trees, and all Company partner information generated
therefrom, in its present or future forms), constitutes a commercially advantageous, unique and
proprietary trade secret of Company, which it keeps as proprietary and confidential and treats as a trade
secret. During the term of your contract with Company, Company grants you a personal, non-
exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary
business information (collectively, “Proprietary Information”), which includes, without limitation, LOS
information, business reports, manufacturing and product developments, and partner sales, earnings
and other financial reports to facilitate your Company business.
7. Non-Solicitation Agreement. A Brand Ambassador may participate in other direct sales, multilevel,
network marketing or relationship marketing business ventures or marketing opportunities
(collectively, “Network Marketing”). However, during the Term of this Agreement and for one (1)
year thereafter, a Brand Ambassador may not recruit any Brand Ambassador or Customer for
any other Network Marketing business, unless that Brand Ambassador or Customer was
personally sponsored by such Brand Ambassador.
8. Images / Recordings / Consents. You agree to permit Company 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 Company for any lawful purpose, and without compensation.
9. Modification of Terms. With the exception of the Dispute Resolution Section in the Company
Policies and Procedures, which can only be modified by way of mutual consent, the terms of this
Agreement may be modified as specified in the Policies and Procedures.
10. Governing Law. The formation, construction, interpretation, and enforceability of your contract
with Company as set forth in this Brand Ambassador Agreement shall be governed by the laws of the
State of Georgia, United States of America, without giving effect to any choice of law rule that would
cause the application of laws of any jurisdiction other than the laws of the State of Georgia, except that
the Federal Arbitration Act shall govern the Dispute Resolution provision of this Agreement and in the
Company Policies and Procedures, without giving effect to any state law to the contrary. If any
provision contained herein is found by a court of competent jurisdiction or an arbitrator or arbitral
panel to be invalid, illegal or unenforceable in any respect, such provision shall be ineffective, but shall
not in any way invalidate or otherwise affect any other provision.
Louisiana residents: Notwithstanding the foregoing, venue and jurisdiction for any claims or disputes
arising under or relating to this Brand Ambassador Agreement brought by residents of Louisiana shall
be established pursuant to Louisiana law.
11. Dispute Resolution. PLEASE READ CAREFULLY THE DISPUTE RESOLUTION
PROVISION IN THIS SECTION AND AS DESCRIBED IN THE POLICIES AND
PROCEDURES (COLLECTIVELY THE “DISPUTE RESOLUTION AGREEMENT”) AS IT
AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST THE COMPANY, OR CLAIMS THE
COMPANY MAY HAVE AGAINST YOU, WILL BE RESOLVED. BY SIGNING AND
SUBMITTING THIS APPLICATION, YOU AGREE TO BE BOUND BY THIS DISPUTE
You understand and agree that the Dispute Resolution Agreement operates as a separate and distinct
agreement that is severable from the remainder of this Brand Ambassador Agreement and is
enforceable regardless of the enforceability of any other provision of the Brand Ambassador
Agreement or the Brand Ambassador Agreement as a whole. You further understand and agree that the
unenforceability of the Brand Ambassador Agreement in whole or in part shall not support a finding
that the Dispute Resolution Agreement in this Section is unenforceable. The Dispute Resolution
Agreement is accepted by and binding on the Company without need for its signature. Consideration
for the Dispute Resolution Agreement includes, without limitation, the parties’ mutual agreement to
arbitrate claims and the Company’s agreement to consider the application of this Agreement. The
Dispute Resolution Agreement exists and is binding regardless of whether at some future point this
Agreement is cancelled or terminated.
ANY CONTROVERSY, CLAIM OR DISPUTE OF WHATEVER NATURE BETWEEN THE
COMPANY, COMPANY BRAND AMBASSADORS, OWNERS, MEMBERS, MANAGERS,
AND EMPLOYEES (“RELATED PARTIES”), ON THE ONE HAND, AND YOU AND/OR
THE BENEFICIAL OWNERS OF A BRAND AMBASSADOR BUSINESS THAT IS A
BUSINESS ENTITY, ON THE OTHER HAND, INCLUDING BUT NOT LIMITED TO THOSE
ARISING UNDER OR RELATING TO THE BRAND AMBASSADOR AGREEMENT OR
RELATED TO THE SALE, PURCHASE OR USE OF COMPANY PRODUCTS (WHETHER
ARISING IN CONTRACT, TORT OR OTHERWISE) (“DISPUTE”) THAT CANNOT BE
RESOLVED THROUGH NEGOTIATION OR MEDIATION AS SET FORTH IN THE
COMPANY POLICIES AND PROCEDURES SHALL BE SETTLED EXCLUSIVELY BY
CONFIDENTIAL, FINAL, BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR,
OR, FOR DISPUTES IN EXCESS OF TWO MILLION DOLLARS ($2 MILLION USD), A
PANEL OF THREE ARBITRATORS, IN THE CITY OF CONYERS IN THE STATE OF
GEORGIA, UNITED STATES OF AMERICA, IN ACCORDANCE WITH THE THEN
PREVAILING COMPREHENSIVE ARBITRATION RULES OF JAMS AND AS FURTHER
DESCRIBED IN THE COMPANY POLICIES AND PROCEDURES.
YOU ALSO AGREE NOT TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION
PROCEEDING AGAINST COMPANY, WHETHER IN A JUDICIAL OR MEDIATION OR
ARBITRATION PROCEEDING. YOU WAIVE ALL RIGHTS TO BECOME A MEMBER OF
ANY CERTIFIED CLASS IN ANY LAWSUIT OR PROCEEDING AND AGREE TO WAIVE
YOUR RIGHT TO A JURY TRIAL IN ANY SUCH ACTION AGAINST COMPANY.
12. Time Limitation. If a Brand Ambassador wishes to bring an action against Company for any act or
omission relating to or arising from this Agreement, such action must be brought within one (1) year
from the date of the alleged conduct giving rise to the cause of action. The Brand Ambassador waives
all claims that any other statutes of limitations apply.
13. Indemnification. The Brand Ambassador agrees to indemnify, defend, and hold harmless
Company (together with its Related Parties, agents, other Brand Ambassadors, stockholders, members,
employees, directors, officers, or attorneys, collectively “Indemnified Parties”) from and against any
and all losses or liabilities (including attorneys’ fees) they may suffer or incur as a result of the Brand
Ambassador’s breach or alleged breach of this Brand Ambassador Agreement, including, without
limitation, any terms or conditions of the Company Policies and Procedures.
14. Miscellaneous. The provisions of this Agreement, including all documents incorporated herein by
reference, embody the whole agreement between you and Company and supersede any prior
agreements, understandings and obligations between you and Company concerning the subject matter
of your contract with Company.
15. Notice of Right to Cancel. You may CANCEL this application, without any penalty or
obligation, within THREE (3) BUSINESS DAYS from the date of this Application (FIVE (5)
BUSINESS days for Alaska residents, FIFTEEN (15) DAYS for Montana residents and
FIFTEEN (15) BUSINESS days for North Dakota residents aged 65 or older).
If you cancel, any payments made by you at the time you submitted this Application will be
returned within TEN (10) BUSINESS DAYS following receipt by the Company of your
Any autorenewal subscription will not be refunded.
16. Submission of Electronic W-9. Under penalty of perjury, I certify that (1) the number shown on
this form is my correct taxpayer identification number (or I am waiting for a number to be issued to
me), and (2), I am not subject to backup withholding because: (a) I am exempt from backup
withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to
backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified
me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.