Affiliate Program Terms & Conditions Terms of Service
By signing up as an affiliate with Lux Longboard Rentals LLC DBA Lux Longboards (“LUX”) doing business at 5115 N 27th Ave, Phoenix, Arizona 85017, you agree to the following Terms & Conditions. This agreement is by and between Lux Longboard Rentals LLC DBA Lux Longboards and/or their assigns and all subscribers. Unless the context requires otherwise, Lux Longboard Rentals LLC DBA Lux Longboards and/or their assigns shall be referred to as “(LUX)” and you shall be referred to as (“Contractor”).
1. Services. LUX hereby retains the Contractor on a non-exclusive basis to provide the services set forth on Appendix “A” (the “Services”). Contractor shall use best efforts in the performance of the Services and shall perform such Services diligently and conscientiously with the highest workmanlike or professional standards and in compliance with all applicable laws, regulations and any applicable LUX policies.
2. Compensation. In return for the Services performed under this Agreement, LUX shall pay to the Contractor the fee set forth in Appendix “A” as full and final payment for the Services rendered by Contractor under this Agreement. Unless otherwise specified in Appendix A, LUX shall not reimburse Contractor for normal travel and business expenses incurred in performing the Services under this Agreement.
3. Independent Contractor.
Contractor agrees that Contractor is acting as an independent contractor in performing the Services and for all other purposes under this Agreement, and that the relationship between the Contractor and LUX shall not constitute a partnership, joint venture or agency. Contractor is not an employee, agent or legal representative of LUX and has no authority to represent LUX or to enter into any contracts or assume any liabilities on behalf of LUX. CONTRACTOR AGREES THAT NEITHER THIS AGREEMENT NOR THE SERVICES BENEFITS UNDER ANY PENSION PLAN, DEFERRED CONTRIBUTION PLAN, HEALTH PLAN, LIFE INSURANCE PLAN, OR DISABILITY PLAN, ANY OTHER EMPLOYEE BENEFIT PLAN (AS DEFINED BY THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974), OR ANY ARRANGEMENT, PROGRAM, OR POLICY MAINTAINED BY LUX THAT PROVIDES EMPLOYEE BENEFITS. IN ADDITION, IN THE EVENT CONTRACTOR IS RECLASSIFIED BY ANY COURT OR AGENCY TO BE AN EMPLOYEE OF LUX, CONTRACTOR HEREBY EXPRESSLY WAIVES ALL RIGHTS TO PARTICIPATE IN THE PLANS AND ARRANGEMENTS REFERENCED ABOVE FOR THE TERM OF THIS AGREEMENT.
Contractor shall be solely and unconditionally responsible for paying/withholding any and all city, state and federal taxes and assessments, including, without limitation, all income, social security withholding and self-employment taxes, relating to any income or other consideration that Contractor derives from this Agreement. Contractor shall be responsible for all workers compensation and unemployment contributions applicable to performance of the Services, and shall not be entitled to any such benefits from LUX. Contractor agrees to defend, indemnify and hold harmless LUX from and against any claim against LUX for any tax, contribution, premium, penalty or liability related to Contractor’s obligation to pay taxes, contributions or premiums as provided herein.
Contractor shall retain the rights and responsibilities associated with (1) the manner in which the Services are performed; (2) any registrations, permits, and/or licenses required or used in connection with the Services; and (3) tools and equipment utilized in connection with the Services.
CONTRACTOR UNDERSTANDS THAT THERE ARE RISKS ASSOCIATED WITH ITS PERFORMANCE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PHYSICAL AND/OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, DEATH OR ECONOMIC LOSS. THESE INJURIES OR OUTCOMES MAY ARISE FROM ITS OWN OR OTHER’S ACTIONS, INACTIONS, OR NEGLIGENCE, OR THE CONDITION OF THE ARENA AND/OR THE SURROUNDING LOCATIONS. CONTRACTOR HEREBY EXPRESSLY ASSUMES ANY AND ALL RISKS, WHETHER KNOWN OR UNKNOWN, IN CONNECTION WITH ITS PERFORMANCE. CONTRACTOR HEREBY WAIVES, RELEASES, FOREVER DISCHARGES, AGREES TO INDEMNIFY, AND AGREES TO SAVE AND HOLD HARMLESS LUX, THE LESSEES OF THE PREMISES, ANY PROMOTERS, ANY LICENSEES AND ANY SPONSORS, AS WELL AS ANY OFFICER, OFFICIAL, DIRECTOR, AGENT, EMPLOYEE OR SERVANT OF ANY OF THEM, OF AND FROM ALL LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION AND POSSIBLE CAUSES OF ACTION WHATSOEVER, FROM ANY CAUSE WHATSOEVER, INCLUDING THOSE BASED ON NEGLIGENCE AND/OR THE ACTIONS OF THIRD PARTIES, THAT ACCRUE TO CONTRACTOR OR TO ANY PERSON OR ENTITY BY, THROUGH OR ON BEHALF OF CONTRACTOR AND THAT ARISE OUT OF OR ARE RELATED TO ANY LOSS, DAMAGE OR INJURY THAT MAY BE SUSTAINED BY CONTRACTOR OR CONTRACTOR’S PROPERTY WHILE RENDERING THE SERVICES CONTEMPLATED UNDER THIS AGREEMENT.
Contractors’ declaration of independent contractor status and waiver of worker’s compensation coverage will be evidenced by signing Appendix “B”.
4. Term and Termination. : This Agreement shall commence on the Effective Date and shall continue until May 1, 2019, unless terminated as provided herein. LUX may terminate this Agreement immediately with or without cause upon notice to Contractor.
5. Force Majeure. Neither party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, war, fire, or flood. If such delay or failure continues for at least seven (7) days, the party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other party and shall also be entitled to a prorated refund of any prepaid fees.
6. Arbitration. The parties shall attempt to resolve any controversy arising out of or relating to this Agreement, or the breach thereof, first by jointly retaining a neutral mediator. Failing this, any remaining controversy or dispute in connection with this Agreement may be settled by binding arbitration in Maricopa County, Arizona, in accordance with the commercial rules of the American Arbitration Association, and any award shall be final and enforceable by a court.
7. Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed under the laws of the State of Arizona.
8. Notices. Any notice that is required hereunder shall be deemed given only if delivered personally or sent by facsimile (with transmission confirmed) or by registered or certified mail, return receipt requested and postage prepaid, or by a nationally recognized overnight delivery Services, addressed to the parties at their respective addresses first set forth above or to such other addresses at which notice of change shall have been given.
9. Entire Agreement. This Agreement, including Appendix A hereto, sets forth and constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and all prior agreements, understanding, promises and representations, whether written or oral, with respect thereto are superseded hereby.
This Appendix A is issued pursuant to and made a part of the Independent Contractor Agreement (“Agreement”), between Lux Longboard Rentals LLC DBA Lux Longboards (“LUX”) doing business at 5115 N 27th Ave, Phoenix, Arizona 85017 and Contractor. Any terms not otherwise defined herein, shall have the meaning specified in the Agreement. In the event of any conflict between the provisions of this Appendix and the Agreement, the provisions of the Agreement shall govern.
Contractor shall perform the following Services on an as requested basis:
Contractor will promote products of Lux Longboards.
Contractor will post Lux Longboards products, tagging the Lux Longboards at least one (1) time per month on Facebook, Instagram and TikTok Walls and two to three (2-3) times on stories.
Contractor will be required to make a Lux Longboards highlight on their Instagram account.
Contractor will be a good representation of Lux Longboards in person and social media.
Contractor will not post content on social media referring to drugs, nudity, violence, profanity, etc.
Contractor will attend two (2) zoom meetings per year.
Contractor will represent Lux Longboards on Instagram, Twitter and Facebook.
Contractor will have a public social media account that will be used for Lux Longboards postings. Any Contractor’s private social media accounts will not be affiliated with Lux Longboards .
Failure to comply with these service requirements will result in termination at any time by Lux Longboards.
The contractor will report directly to Weston Smith with performance of the duties under this Agreement and shall fulfill any other duties reasonably requested by Lux Longboards and agreed to by the contractor.
2. WORK PERIOD
The Work Period shall commence upon execution and shall continue in full force and effect full a full calendar year of the date signed. The agreement may only be extended thereafter by mutual agreement, unless terminated earlier by Lux Longboards .
Lux Longboards shall offer the Contractor a 25% discount on the MSRP of all products. Additionally, Lux Longboards will pay a minimum commission rate of 5% of the retail price of all Lux products that are sold through the Goaffpro program.
Lux Longboards expressly reserves the right, in its own discretion to modify, reject, cancel or discontinue (“Cancellation”) any service; and to direct Contractor to cease work in connection therewith at any time.
6. CONFLICT OF INTEREST. Contractor shall disclose to Lux Longboards all known relationships it has with any employee of Lux Longboards who can influence the actions of purchasing decisions or is in a management position. In such an event, the Contractor shall disclose the employee’s name and the benefit/interest involved. Additionally, if Contractor becomes aware of a relationship that would be considered a conflict of interest with any employee of Lux Longboards during the term of this Agreement the Contractor shall notify Lux Longboards in writing, within fifteen (15) calendar days of learning about such relationship. Lux Longboards may in its sole discretion, approve such relationship or may terminate this Agreement upon written notice.
DECLARATION OF INDEPENDENT CONTRACTOR STATUS AND WAIVER OF WORKER’S COMPENSATION COVERAGE
By virtue of signing below, Contractor hereby understands, acknowledges and declares the following:
Contractor is acting as an independent contractor in performing the Services and for all other purposes under this Agreement; and
Contractor is not an employee, agent or legal representative of Lux Longboards and has no authority to represent Lux Longboards or to enter into any contracts or assume any liabilities on behalf of Lux Longboards ; and
Lux Longboards does not restrict the Contractor’s ability to perform services for or through other parties; and
Contractor may and/or does provide services for or through other parties and Lux Longboards does not dictate the performance, methods, or process the Contractor uses to perform such services; and
Contractor will be paid for his/her Services per the terms of this Agreement and will not be paid by Lux Longboards on a salary or hourly basis; and
Contractor, as an independent contractor, is not entitled to, will not participate in, accrue or receive, and expressly waives coverage under Lux Longboards ’s Worker’s Compensation Insurance, Health Insurance, and any other plan, arrangement, program, or policy (insurance or otherwise) maintained by Lux Longboards that provides employee benefits.