Terms of Use

1. I understand that as a Big Time Promotions Affiliate:
   1. I must be of legal age of consent in the state which he/she resides.
   2. I have the right to offer for sale Big Time Promotions products and services in accordance with these Terms and Conditions.
   3.  I have the right to enroll persons in Big Time Promotions.
   4.  If qualified, I have the right to earn commissions pursuant to the Big Time Promotions Compensation Plan.
   5. I will assist, train and motivate the Affiliates in my downline marketing organization.
   6. I will comply with all federal, state, county or municipal laws, ordinances, rules, or regulations, and shall make all reports and remit all withholdings or other deductions as may be required by federal, state or municipal law, ordinance, rule or regulation.
   7. I will perform my obligations as a Affiliate with honesty and integrity.
   8.  I will only use the sales contracts and other forms which are provided by Big Time Promotions for the sales of its goods and services, and will follow all Policies and Procedures established for the completion and processing of such contracts and orders.
       
2. I agree to present the Big Time Promotions Marketing and Compensation Plan and  Big Time Promotions products/services as set forth in official Big Time Promotions literature.  I will make no claims, promises and/or assertions with regard to potential income, earnings, products or services beyond what is stated in official Big Time Promotions.  I may not use, produce, create, publish, distribute, or obtain from any source other than Big Time Promotions, any literature, recordings (audio, graphic and/or video), sales, or enrollment aids relating to Big Time Promotions products, services or the Big Time Promotions ™ Marketing and Compensation Plan.  I understand that I may not use or display any Big Time Promotions trademarks, trade names, service marks, logos, designs and/or symbols without the written permission of Big Time Promotions.  I may not advertise Big Time Promotions, services or the Big Time Promotions opportunity except as specifically set forth in these Terms and Conditions or as approved by Big Time Promotions.
   
   

3. I agree that as a  Big Time Promotions Affiliate I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Big Time Promotions. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF  Big Time Promotions FOR FEDERAL OR STATE TAX PURPOSES. Big Time Promotions is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.

4. I have carefully read and agree to comply with the Big Time Promotions Policies and Procedures (found at www.bigtimepromos.com) and the Big Time Promotions Marketing and Compensation Plan, both of which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the "Agreement"). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Big Time Promotions. I understand that these Terms and Conditions, the Big Time Promotions Policies and Procedures, or the Big Time Promotions Marketing and Compensation Plan may be amended at the sole discretion of Big Time Promotions, and I agree to abide by all such amendments. Notification of amendments shall be posted on Big Time Promotions website. Amendments shall become effective 30 days after publication. The continuation of my  Big Time Promotions business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
   
   

5.  The term of this agreement is one year. I understand and acknowledge to agree one year after my enrollment, I will be charged the annual enrollment fee of $60. This fee will automatically be charged to the active credit card on my account. I understand that in order to NOT be charged I must contact the corporate office (customer service at 866-902-7124).   If I do not contact the corporate office PRIOR to my anniversary date, I understand I will get charged the annual enrollment fee.
   
   

If I wish to terminate my position within the company, I must submit a termination form to the corporate office.   I understand that this form is available in the back office for download or can be obtained from the corporate office.   I understand if I cancel my position I will not be eligible to sell Big Time Promotions and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or non-renewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization.  Big Time Promotions reserves the right to terminate all Affiliate Agreements upon 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. Affiliate may cancel this Agreement at any time, and for any reason, upon written notice to Big Time Promotions at its principal business address. Big Time Promotions may cancel this Agreement for any reason upon 30 days advance written notice to Affiliate.

6. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of. Big Time Promotions Any attempt to transfer or assign the Agreement without the express written consent of Big Time Promotions renders the Agreement voidable at the option of Big Time Promotions and may result in termination of my business.
   

7. I understand that if I fail to comply with the terms of the Agreement, Big Time Promotions may, at its sole discretion, terminate my Affiliateship or impose upon me other disciplinary action including but not limited to, forfeiture of bonuses and commissions and/or loss of all or part of my down-line marketing organization.  If I am in breach, default or violation of this agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. If this agreement is terminated for any reason, I will forever lose my rights to compensation pursuant to the Big Time Promotions Marketing and Compensation Plan. If I fail to pay funds, I authorize Big Time Promotions to withhold the appropriate amounts from my bonus or commission checks, if any and/or charge my credit cards, or debit my checking accounts, if any, which I have authorized Big Time Promotions to charge.  I understand that the failure to promptly pay for products or services constitutes a breach of this Agreement.  
   
   

8.  Big Time Promotions its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and affiliates (collectively referred to as "affiliates"), shall not be liable for, and I release Big Time Promotions and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Big Time Promotions and its affiliates from all liability arising from or relating to the promotion or operation of my  Big Time Promotions business and any activities related to it (e.g., the presentation of  Big Time Promotions products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Big Time Promotions for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
   
   

9. The Agreement, in its current form and as amended by Big Time Promotions at its discretion, constitutes the entire contract between Big Time Promotions and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
   
   

10. Any waiver by Big Time Promotions of any breach of the Agreement must be in writing and signed by an authorized officer of Big Time Promotions. Waiver by Big Time Promotions of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.

11. 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.
    
    

12. This Agreement will be governed by and construed in accordance with the laws of the State of Georgia without regard to principles of conflicts of laws. All disputes and claims relating to Big Time Promotions, the Affiliate Agreement, the Big Time Promotions Marketing and Compensation Plan or its products and services, the rights and obligations of an independent Affiliate and Big Time Promotions, or any other claims or causes of action relating to the performance of either an independent Affiliate or Big Time Promotions under the Agreement or the Big Time Promotions Policies and Procedures shall be settled totally and finally by arbitration in Atlanta, State of Georgia or such other location as Big Time Promotions prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. All issues related to arbitration shall be governed by the Federal Arbitration Act. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. Each party to the arbitration shall be responsible for its own -- costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent  Big Time Promotions from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect Big Time Promotions interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
    
    

13. The parties consent to jurisdiction and venue before any federal or state court in Cherokee County, State of Georgia for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
    
    

14. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.

15. Montana Residents: A Montana resident may cancel his or her Affiliate Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period.
    
    

16. If a Affiliate wishes to bring an action against Big Time Promotions for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Big Time Promotions for such act or omission. Affiliate waives all claims that any other statutes of limitations applies.
    
    

17. As a  Big Time Promotions Affiliate, I shall place primary emphasis upon and shall obtain customers for Big Time Promotions products and services, as a condition of my receipt of commissions. Affiliates residing in the states of Georgia, North Dakota, Indiana, Michigan and West Virginia are limited to $495.00 in purchases of all types from the Company during the first six (6) months of your Affiliateship.  Permissible Affiliate purchases shall be automatically modified to comply with the exception requirements set forth in any state laws regulating business opportunities.

18. I authorize Big Time Promotions to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.

19. This Agreement shall be deemed in effect upon its receipt and acceptance by Big Time Promotions at its Corporate Office Location at 3760 Sixes Rd., Suite 126-314, Canton, GA 30114.  A faxed copy of the Agreement or by electronic acceptance of these terms shall be treated as an original in all respects.
    
    

20.  NOTICE OF RIGHT TO CANCEL DATE of Transaction. You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the join date (5 business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to Big Time Promotions, Inc, 3760 Sixes Rd., Suite 126-314, Canton, GA 30114, NO LATER THAN MIDNIGHT of the third business day