In accordance with the terms and conditions in this Agreement, I hereby submit my application to become a Subscriber ("Member" or "Director" of Lotto Magic ("Company") and hereby state that:
1. I am of legal age in the state or province in which I reside to enter into this Agreement.
2. The acceptance of this Application does not constitute the sale of a franchise or distributorship and there are no territories granted to anyone. No franchise fees have been paid and I am not acquiring any interest in a security by the acceptance of this Agreement. The Company reserves the right to accept or decline any application for membership.
3. I understand that as a Member or Director, I am an independent contractor; not an agent, employee, representative, or franchisee of the Company. I will set my own hours and determine my own location to make sales within the guidelines of this Agreement. As an independent contractor, I will be personally responsible for all federal, state/provincial, and local income and employment taxes, statutory contribution to federal, state/provincial and local governments; sales taxes and/or all license fees incidental to my subscription or my carrying on business as a Director.
4. I agree, as a Director, to represent the company's Commission Plan fairly and completely and understand that no earnings are guaranteed from participation in the Commission Plan.
5. Upon my death this agreement will become part of my estate.
6. I will make no statements, disclosures or representation in the selling of the Company's goods or in the referring of new subscribers other than those contained in approved Company literature. All advertising and marketing materials must be previously approved by the Company for use by Directors.
7. The Company does not sell lottery tickets nor does it operate a lottery. The Company is not connected to or affiliated with or approved by any state or multi-state lottery. The Company provides free lottery tickets to its members as a benefit of their memberships.
8. Subscribers can upgrade, downgrade or cancel their subscription at any time by notifying the Company in writing by mail, fax or email.
9. "Member" memberships agree that they only receive 10% of any personal lottery ticket winnings from the lottery tickets that the Company buys for them. "Member" memberships will be provided 7 other similar Members to be on their personal team. They will receive 10% of the ticket winnings from these other 7 Members.
10. "Director" memberships agree that they only receive 50% of any personal lottery ticket winnings from the lottery tickets that the Company buys for them. They will also receive 10% of the ticket winnings from qualified club members in their 5-level pay plan in accordance with the Company's commissions schedule. Silver and Gold Directors agree that in the case of a jackpot ticket winning that Level 5 will only pay out 5% and 1% will be paid out on Levels 6 through 10. This is for Tier 1 lottery jackpot wins only.
11. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control. These events include (but are not limited to): civil commotion, riots, invasions, war, fire, explosions, storm, flood, hurricane, disrupted use of public or private telecommunications networks, the postponement or cancellation of any lottery drawing, delays, losses, errors, or omissions in or made by the postal service or by the banking system. We will make all reasonable endeavors to find a solution to any of these problems despite those events.
12. Returned checks are referred by the Company to NSF Check Recovery Systems Inc. for collection.
13. This subscription agreement is performable in Santa Monica, California. Any legal action concerning this membership agreement shall be brought to the applicable court serving Santa Monica, California. Louisiana resident subscribers may choose to bring actions in Louisiana courts.
14. Refund policy: You will receive a refund of 100% of any unused subscription fees upon request in writing (fax, email, mail). Montana resident Directors may obtain refund of any consideration paid in connection with their subscription up to 15 days from the date of initial enrollment.