Page 59 - Company Policy
P. 59
19
resTriCTive CovenanTs
19.01 To the extent permitted by law, the Company, its
directors, officers, shareholders, employees, assigns and
agents (collectively referred to as “Associates”) shall not
be liable for, and the Forever Business Owner releases
the Company and its Associates from and waives all
claims, for any loss of profits, indirect, direct, special or
consequential damages, and for any other losses incurred
or suffered by the FBO as a result of: (a) FBO’s breach of
the Forever Business Owner Agreement of FLP Company
Policies and the Code of Professional Conduct and
Procedures; (b) the promotion or operation of the FBO’s
Forever Business and FBO’s activities related to it; (c)
FBO’s incorrect or wrong data or information provided to
FLP or its Associates; or (d) the FBO’s failure to provide
any information or data necessary for FLP to operate its
business, including without limitation, FBO’s enrollment
and acceptance into the FLP Marketing Plan and the
payment of volume bonuses; or (e) transfers pursuant
to death, legal separation or divorce of an FBO. EACH
FBO AGREES THAT THE ENTIRE LIABILITY OF
THE COMPANY, AND ITS ASSOCIATES FOR
ANY CLAIM WHATSOEVER RELATED TO THE
RELATIONSHIP OF AWARENESS INCLUDING,
BUT NOT LIMITED TO, ANY CAUSE OF ACTION
SOUNDING IN CONTRACT, TORT, OR EQUITY,
SHALL NOT EXCEED, AND SHALL BE LIMITED
TO, THE AMOUNT OF PRODUCTS FBO HAS
PURCHASED FROM THE COMPANY OR ITS
DESIGNATED DISTRIBUTOR THAT ARE IN
RESALABLE CONDITION.
19.02 Limited License to Use Company Marks.
(a) The name “Forever Living Products” and symbols
of FLP and other names as may be adopted by FLP
including FLP Product names are proprietary trade
names and trademarks of the Company.
(b) Each Forever Business Owner is hereby licensed by
the Company to use FLP’s registered trademarks,
service marks, and other marks (hereinafter
collectively referred to as “Marks”), in conjunction
with the performance of the FBO duties and
obligations under the Forever Business Owner
Agreement and the corresponding policies and
procedures. All Marks are and shall remain the
exclusive property of “FLP”. The Marks may only be
used as authorized by the Forever Business Owner
Agreement and the Company’s corresponding policies
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