Page 59 - Company Policy
P. 59

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                       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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