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Community Bookseller Program Agreement

    1. Registrant(s)

      I certify that all of the information above is complete and correct. I have read and agree to comply with the terms of this Agreement. I certify that, in deciding to become a Barefoot Books Community Bookseller, I have relied solely on the information contained in this Agreement and the Community Bookseller Reference Guide. I certify that I am at least 18 years of age.

    2. Authorization and contract

      The Barefoot Books Community Bookseller Program is available in most parts of North America including Canada and all US states (excluding Alaska and Hawaii). By executing this agreement, I am offering to become a Barefoot Books Community Bookseller and entering into a binding contract with Barefoot Books. I acknowledge that, prior to executing this agreement, I have received, read and understood the Community Bookseller Reference Guide which is incorporated into this Agreement and made a part of it as if restated in full, as posted on www.barefootbooks.com, and have read and agreed to all terms set forth in this Agreement. I understand that, to become a Barefoot Books Community Bookseller, I need only to execute this Agreement and that any additional products or support items are optional. Barefoot Books reserves the right to reject my offer to become a Barefoot Books Community Bookseller for any reason within 30 days of receipt of my executed Agreement.

    3. Expiration and renewal

      I must maintain a current authorization in order to preserve my rights as a Barefoot Books Community Bookseller, including all rights of sponsorship with registered Barefoot Books Community Booksellers and customers. I understand that in order to remain in the Community Bookseller program, I must achieve $300 or more in sales volume every full calendar quarter.

    4. Independent contractor status

      I acknowledge and agree that neither my execution of this Agreement or its acceptance by Barefoot Books makes me an employee, agent, or legal representative of Barefoot Books, my Sponsoring Barefoot Books Community Bookseller, or any other Barefoot Books Community Bookseller. For the avoidance of doubt, I will be and will remain, a self-employed independent contractor, operating my own independent business, buying and selling products available through Barefoot Books on my own account. Only one individual per household may be a Barefoot Books Community Bookseller. I have complete freedom in determining the number of hours that I will devote to my business, and I have the sole discretion of scheduling such hours. Barefoot Books will not provide me with a place of business, and if I desire a place of business other than my own residence, I will be responsible for procuring, furnishing, and paying all expenses in connection with such place of business. With respect to services performed by me under the Barefoot Books Community Bookseller Program Agreement, I will not be treated as an employee for federal or state tax purposes, and I will be responsible for payment of any and all taxes, levies and fees, including but not limited to, any and all self-employment and other income taxes. Depending on my yearly sales, commissions, incentives and prizes earned, I may receive IRS Form 1099-MISC reflecting the amount of income paid to me during the calendar year by Barefoot Books. It will be my sole responsibility to account for such income on my individual income tax returns.

    5. Presenting the Community Bookseller Program and Products

      I agree not to engage in any misrepresentation or omission, or in any way provide misleading or incorrect information when presenting the Barefoot Books Community Bookseller Program, plan, product and/or opportunity to third parties. I will consult the Barefoot Books Community Bookseller Program materials posted on www.barefootbooks.com and/or contact the Company directly with any questions.

    6. Barefoot Books proprietary information and trade secrets

      I recognize and agree that information compiled by or maintained by Barefoot Books, including team information (i.e. information that discloses or relates to all or part of the specific arrangement of sponsorship within the Barefoot Books business including, without limitation, Barefoot Books Community Bookseller lists, customer order details and/or summaries, sponsorship trees, and all Barefoot Books information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique, proprietary and confidential trade secret of Barefoot Books, which it keeps as proprietary and confidential and treats as a trade secret. During the term of this agreement, Barefoot Books grants me a personal, non-exclusive, non-transferable and revocable right to use trade secrets, confidential, and proprietary business information (collectively “Proprietary Information”), which includes, without limitation, trade secrets, team information, business reports, manufacturing and product developments, and Barefoot Books Community Booksellers sales, earnings and other financial reports. I acknowledge the substantial value of Proprietary Information to Barefoot Books and agree to maintain all Proprietary Information in strictest confidence using reasonable measures but in no event less than the measures that I employ to protect the confidentiality of my own similar confidential information. I further agree to not disclose any Proprietary Information to any third party, to use Proprietary Information in connection with any other businesses or to compete, directly or indirectly, with the business of Barefoot Books. Upon resignation, non-renewal, or termination from the Barefoot Books Community Bookseller Program, I agree to promptly return any and all Proprietary Information to Barefoot Books. This covenant shall survive the expiration or termination of my agreement with Barefoot Books.

    7. Non-solicitation agreement

      I agree that during the period while I am a Barefoot Books Community Bookseller, and for two years following my resignation, non-renewal, or termination, I will not encourage, solicit, or otherwise attempt to recruit or persuade, directly, or indirectly, any other Barefoot Books Community Booksellers to compete with the business of Barefoot Books or to work with any other direct selling company. This covenant shall survive the expiration or termination of my authorization and contract with Barefoot Books.

    8. Personal and business data

      I agree to obtain, record, use, hold, transfer, dispose of and otherwise process personal information (“Personal Info”) about customers, other Barefoot Books Community Booksellers or any other person (however and from whomever obtained) only in accordance with Barefoot Books policies relating to the handling of such information. Unless otherwise provided by Barefoot Books, I shall (i) only use such Personal Info for my own Barefoot Books Community Bookseller business and for no other purpose(s); (ii) comply with Barefoot Books privacy and data security policies as updated from time to time; and (iii) comply with like data security obligations to those imposed on Barefoot Books under applicable laws in respect of such information.

    9. Customer Data Privacy Policy

      Any personal contact information, payment information or other sensitive data will be used only to fulfill orders of Barefoot Books or respond to official leads and inquiries. Community Booksellers must destroy personal data collected after orders are fulfilled or when customers and leads request not to be contacted. To destroy the data, you must:
      • Remove saved email addresses from your personal address book and / or unsubscribe individuals from your third-party email lists.
      • Delete all relevant data from internet-connected devices, physical data storage devices, or cloud storage accounts.
      • Black-out sensitive information and/or shred paper records.
      Barefoot Books customer information may not be stored or used on third party websites (e.g. Square, Paypal, Constant Contact) without explicit consent by the customer. This consent must be retained and furnished upon request.

    10. Termination upon notice or upon breach

      I or Barefoot Books may terminate this Agreement at any time and for any reason by giving 30 days written notice to the other party, or without prior notice and with immediate effect as a result of breach or threatened breach of any of the provisions herein. Barefoot Books may also take actions short of termination of this Agreement, depending on the nature and severity of the breach, whether the breach can be or has been cured following notification by Barefoot Books of the existence of same, and whether there are multiple simultaneous, serial or repeating breaches.

    11. Jurisdiction and governing law

      The formation, construction, interpretation, and enforceability of my contract with Barefoot Books as set forth in this Barefoot Books Community Bookseller Registration Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the Commonwealth of Massachusetts without regard to conflict of laws provisions.

    12. Images/recordings/consents

      I agree to permit Barefoot Books to obtain, maintain and publish photographs, videos, and other recorded media of me, or my likeness. I acknowledge and agree to allow any such recorded media to be used by Barefoot Books for any lawful purpose, and without compensation. I may cancel this consent by sending a certified letter stating such cancellation to Barefoot Books, 2067 Massachusetts Avenue, Cambridge, MA 02140. I agree that, subject to Barefoot Books policies and procedures and Privacy Statements, Barefoot Books may obtain, record, use, hold, transfer, dispose of and otherwise process such personal and business information as may be necessary to enable Barefoot Books to fulfill its obligations under this Agreement or the Program, or which Barefoot Books determines is expedient to support its business operations and the management of the Program.

    13. Modification of terms

      The terms of this Agreement and the information contained in the Community Bookseller Reference Guide may be modified from time to time by Barefoot Books at its sole discretion.

    14. Miscellaneous

      In the event that any term or provision of this agreement with Barefoot Books is determined by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable and consistent with the intentions of the parties. If such construction or limitation is impossible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable. No waiver of any default or breach of any provision of this Agreement, or failure to enforce the rights of the parties contained herein, shall operate as or be deemed a waiver of any subsequent default or breach. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between myself and Barefoot Books with import to the subject matter hereof and supersede any and all prior agreements, understandings and obligations between myself and Barefoot Books concerning the subject matter hereof.

    15. Agreement to mediate and arbitrate disputes

      Barefoot Books and Barefoot Books Community Booksellers mutually agree to resolve all claims and disputes arising out of, or relating to, the Barefoot Books Community Bookseller Program, as defined below under the Dispute Resolution Procedures described in the Community Bookseller Reference Guide. I agree to submit any dispute I may have with Barefoot Books and any parent, subsidiary, affiliate, predecessor or successor thereof, or any of their officers, directors, agents, or employees to binding arbitration in accordance with the Community Bookseller Reference Guide. The arbitration award shall be final and binding, and judgment may be entered upon it by any court of competent jurisdiction. Demand for arbitration shall be made within 2 years after the claim arises, but in no event after the date when the initiation of legal proceedings would have been barred by the applicable statute of limitations. I acknowledge that this Agreement evidences a transaction involving interstate commerce. The United States Arbitration Act shall govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. The parties intend for the Dispute Resolution Procedures to apply to the maximum degree possible in any arbitration. The agreement to arbitrate and conciliate is reciprocal and binds both Barefoot Books and Barefoot Books Community Booksellers. If I become involved in a claim or dispute, I will not disclose to any other person not directly involved in the conciliation or arbitration process (a) the substance of, or basis for, the claim or dispute; (b) the content of any testimony or other information obtained through the dispute resolution process; or (c) the resolution (whether voluntary or not) of any matter that is subject to the dispute resolution process. However, nothing in the Agreement shall preclude a party from, in good faith, investigating a claim or defense, including interviewing witnesses and otherwise engaging in discovery.