- I understand that as an Independent Business Owner (“IBO”) for MUSIPAYS INC.(“MUSICPAYS ENTERTAINMENT” , “Company”, “we” or “our”):
- I have the right to offer for sale MUSICPAYS products and services in accordance with these Terms and Conditions.
- I have the right to enroll others as MUSICPAYS Retail Customers and IBOs.
If qualified, I have the right to earn commissions pursuant to the MUSICPAYS Compensation Plan.
I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF MUSICPAYS FOR FEDERAL OR STATE TAX PURPOSES OR FOR ANY OTHER REASON. MUSICPAYS is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind. I understand that I am not entitled to workers compensation or unemployment security benefits of any kind from MUSICPAYS.
Except as otherwise provided in the Agreement, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled through confidential arbitration. The Parties waive rights to trial by jury or to any court. This arbitration provision applies to claims that were not successfully resolved through the foregoing mediation process as well as claims for less than $10,000.00 not subject to the mediation requirement. The arbitration shall be filed with, and administered by, the American Arbitration Association in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website. Copies of the AAA’s Commercial Arbitration Rules and Mediation Procedures will also be emailed to IBOs upon request to MUSICPAYS’s Compliance Department. Not with standing the rules of the AAA, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions:
- The Federal Rules of Evidence shall apply in all cases;
- The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
- The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
- The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Idaho shall govern all other matters relating to or arising from the Agreement, without regard to principles of conflicts of laws.
- The substance of, or basis for, the controversy, dispute, or claim;
- The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
- The pleadings, or the content of any pleadings, or exhibits thereto, filed in any arbitration proceeding;
- The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
- The terms or amount of any arbitration award;
- The rulings of the arbitrator on the procedural and/or substantive issues.
Notwithstanding the foregoing, nothing in the Agreement shall prevent either party from applying to and obtaining from any court to which the Parties have consented to jurisdiction as set forth in the Agreement a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect its trade secrets and intellectual property rights, trade secrets, and/or confidential information including but not limited to enforcement of its rights under the confidentiality, trade secret, and/or nonsolicitation provisions of the Agreement. Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Idaho County, State of Idaho or the United States District Court for the District of Idaho In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/ or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary or punitive damages.