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Please read the Terms and Conditions below, scroll
down to the end and check the box to agree
Terms & Conditions and Policies & Procedures
- REQUIREMENTS TO BECOME AN INDEPENDENT AFFILIATE
Those applying to become Independent Affiliates must meet certain criteria prior to qualifying. Additionally, to become a successful World Discovery Club Independent Affiliate, it is highly recommended that all World Discovery Club Independent Affiliate applicants have a personal computer and email. All applicants must be the age of majority within the state which he/she resides. Applicant must then submit an official World Discovery Club Application online or on paper, which must be fully completed, including the applicant's social security number, and including the on-line or paper acceptance of the Independent Affiliate Agreement and associated Policies & Procedures. Once the application is submitted, World Discovery Club will review the application and notify the applicant by email if their application has been accepted. An individual World Discovery Club Independent Affiliate may change to a business entity Independent Affiliate by notifying World Discovery Club. World Discovery Club reserves the right to accept or reject anyone as an Independent Affiliate.
- PARTNERSHIP OR CORPORATION REQUIREMENTS
Partnerships, Corporations or other business entities may become authorized World Discovery Club Independent Affiliates. A business entity which registers as World Discovery Club Independent Affiliate must include its Tax ID number, also called the Federal Employer's Identification Number (FEIN) on its application. If more than 50% of the ownership interest in the Independent Affiliate business entity changes, that shall be considered a transfer of the Independent Affiliateship, and subject to approval by World Discovery Club. World Discovery Club reserves the right to accept or reject any business entity as an Independent Affiliate.
- TRANSFER OF MEMBERSHIP
Member may not transfer or sell said Membership for a period of 12 months. After the completion of the 12th month of Membership, member may transfer their Membership by completing a Membership Transfer Form available upon request. I understand that I must pay all required transfer fees, and that in order to transfer, all dues shall be current. I also understand that World Discovery Club will not resell or repurchase the Membership from or for member.
- SPECIFIC MEMBERSHIP RESTRICTIONS AND CONDITIONS
World Discovery Club is able to obtain deep discounts on, but not limited to, airfare, resort condominiums, car rentals, cruises, tours, golf, recreation, hotels, motels, etc Each category may be provided by a different vendor. Each vendor has particular rules and regulations. These rules will be presented to you at the time of booking. You shall accept the rules and regulations and terms of use of the particular vendor you are booking from within the World Discovery Club travel portal. You are also expected to follow all instructions and guidelines from vendors to complete and use your reservation.
World Discovery Club is able to obtain deep discounts through our strategic relationships with travel providers and because of the volume purchasing power of our membership. To help document the number of active members, World Discovery Club charges a nominal biannual fee of five dollars.
If you choose to submit a form via the portal's request form, email, or phone, to best serve you, allow 2 - 4 weeks for us to shop our many resources for your special requests. These locations are not on a computer and require personal phone calls and negotiations by our agents to get you the best possible rate. Remember that you may request reservations or availability for a given resort area, but you may not request specific resorts. For instance, if you wish to go to the Disney World area, we may find availability in Orlando, Altamonte Springs or Kissimmee to fill your request. When placing a request for condominium accommodations, you must have a credit card available at the time of placing your order so that we may secure your space; otherwise it is subject to being bumped by the first monetarily secured reservation that comes in after yours. Your credit card will not be charged without your permission and confirmation. Due to their nature special requests generally cost more than the condos on the website. All special requests must be accompanied by a signed special request form faxed into our office. Once a reservation is booked there are no refunds.
- MEMBERSHIP PURCHASE ACKNOWLEDGMENTS
Member agrees that they have purchased their Membership absent any duress or undue influence and that the Membership was not purchased for investment purposes, but rather for future and current recreational enjoyment for member and their family. Member freely entered into this contract and is of legal age and financial means to do so. Member realizes that Membership is not a timeshare or real estate transaction and that World Discovery Club is not an exchange organization, travel broker, travel consolidator, or buyers' club. All accommodations are made on a space-available basis and prices vary according to time, season, and location. Once a condo reservation is confirmed, there are no refunds or cancellations.
- SPONSORSHIP
Every World Discovery Club Independent Affiliate may choose its own sponsor when they initially apply for an Independent Affiliateship with World Discovery Club. Or in the event the applicant does not know any World Discovery Club Independent Affiliates, the company will assign one of its active Independent Affiliates. In the event that two Independent Affiliates claim to be the sponsors of the same new Independent Affiliate, World Discovery Club shall acknowledge the first application received at corporate headquarters. In the event of disputes, World Discovery Club reserves the right to make final decisions. Any cross sponsorship or cross recruiting is strictly prohibited within the World Discovery Club organization. Cross sponsorship and cross recruiting are the acts of recruiting, soliciting, or attempting to solicit Independent Affiliates or customers within another Independent Affiliates business organization into switching business organizations or recruiting, soliciting, or attempting to solicit Independent Affiliates of World Discovery Club into another business opportunity. There is no fee for joining World Discovery Club as an Independent Affiliate, however if an Independent Affiliate wishes to use the website without making a membership purchase a monthly fee will be charged to cover the website setup and hosting fees for the year. This marketing system is optional. If an Independent Affiliate so chooses, they may retail the World Discovery Club products without use of the website. All marketing materials must be approved by World Discovery Club before use.
- RESPONSIBILITY OF SPONSORS
All World Discovery Club Independent Affiliates have an obligation to help supervise and train the new Independent Affiliates that they sponsor. Sponsors are advisors and mentors to their new down-line Independent Affiliates. (Note: Down-line Independent Affiliates are defined as any Independent Affiliate that is directly sponsored by an up-line Independent Affiliate, or any other Independent Affiliate within a direct line to that Independent Affiliate.) As an Independent Affiliate with sponsored down-line Independent Affiliates, and their sponsored Independent Affiliates (your "sales organization"), you must maintain sufficient contact and communication with your sponsored Independent Affiliates to help them succeed in their business. This should include written correspondence, telephone contact, email contact, newsletters, personal meetings, and training sessions.
- NETWORKING COOPERATION
It is to the advantage of World Discovery Club Independent Affiliates, as well as World Discovery Club, for Independent Affiliates to pro actively cooperate with each other for the mutual success of the entire World Discovery Club organization. World Discovery Club supports an environment of teamwork and cooperation.
- TRANSFERS OF SPONSORSHIPS
World Discovery Club prohibits any transferring from one sponsorship to another. The integrity of the entire network organization is based on the strength of the structure within the network. The allowance of transfers will only be allowed under extreme circumstances and at the sole discretion of World Discovery Club. An Independent Affiliate will generally only be allowed to transfer sponsorship lines by way of written resignation to the company. Once resignation is accepted, the former Independent Affiliate may then choose to rejoin the network six (6) months later under a new sponsor. IMPORTANT: Independent Affiliates who choose to resign and return will not be allowed to transfer their downline or qualified position with them. In other words a resigning Independent Affiliate will start from the beginning as a new Independent Affiliate.
- DEATH OF INDEPENDENT AFFILIATE
In the event of the death of an Independent Affiliate, the Independent Affiliate maintains his/her rights to commissions and their marketing position. These commissions, marketing position, as well as membership duties and responsibilities shall be passed to the successor in interest upon written notice to World Discovery Club. World Discovery Club requires a certificate of death and a certified copy of the will, trust or other device before the company may effect transfer of the deceased Independent Affiliate's membership to the named transferee. The successor Independent Affiliate shall be required to execute a new World Discovery Club application
- REPRESENTATIONS BY INDEPENDENT AFFILIATES
Independent Affiliates are independent contractors, fully responsible for their own business procedures and are not to be considered purchasers of a franchise or employees of World Discovery Club. The agreement between World Discovery Club and its Independent Affiliates does not create an employer/employee relationship, agency, partnership or joint venture between World Discovery Club and the Independent Affiliates. Independent Affiliates must not represent themselves in any way, orally or in writing, as being an agent or employee of World Discovery Club. Independent Affiliates have no authority to bind World Discovery Club to any obligations. Each Independent Affiliate shall hold World Discovery Club harmless for any claims, damages or liabilities arising out of the Independent Affiliates own business practice. World Discovery Club will take aggressive action to insure that Independent Affiliates who violate this policy are immediately terminated. Independent Affiliates are responsible for any expenses, which result from their business operations, including, but not limited to, advertising, taxes, fees, legal costs and shipping expenses. Independent Affiliates may not use the World Discovery Club name on any written or electronic forms or documents (e.g. stationery, bank checks, business signs, email) without stating "Independent Affiliate" in close proximity to the name World Discovery Club.
- RETAIL SALES
World Discovery Club products may only be sold by authorized World Discovery Club Independent Affiliates. Independent Affiliates may sell only to retail customers for their personal use, not for resale to other consumers. World Discovery Club Independent Affiliates should explain to customers that if they wish to sell World Discovery Club products to others, they should elect to become an authorized World Discovery Club Independent Affiliate. The sale of World Discovery Club's products to retail customers is the foundation of World Discovery Club. The entire commission plan of World Discovery Club is a structure based upon volume of end-user sales by the individual Independent Affiliates, as well as their entire organization.
- VACATION PACKAGE REGULATIONS
All travel requests must be called in by the actual Member, and must be authorized and signed off on by Member prior to any booking. Travel may be canceled or changed by a vendor or supplier, with no liability to World Discovery Club, and no refund allowable, other than the actual price paid by Member. World Discovery Club shall be free to add, subtract, or substitute any supplier, vendor, or inventory at their sole discretion, with no liability to Member. Membership is personal in nature and may be used for Member and immediate family; however, Member must make all reservations only. All travel bookings of all kinds must abide by the rules of each specific travel provider. World Discovery Club has several travel providers and they all have different rules.
- RETAIL SALES IN STORES OR OTHER OUTLETS
World Discovery Club products are not sold in stores or other outlets, and can only be sold by World Discovery Club Independent Affiliates to end-customers for their own use. However, official World Discovery Club literature, along with the Independent Affiliate's official World Discovery Club business card, may be displayed at a retail store or outlet. Sales of World Discovery Club products are also prohibited through on-line auctions, including, but not limited to, EBay. This policy is necessary to prevent "short selling" of the World Discovery Club products for purposes of qualification, and to protect the integrity of the entire organization. Short selling is strictly prohibited.
- UNETHICAL BEHAVIOR OR ACTIVITY
World Discovery Club Independent Affiliates will be immediately terminated, if, at the sole discretion of World Discovery Club, they are determined to be carrying out unprofessional or unethical marketing efforts or practices while representing the company.
- PROTECTION OF TRADE SECRETS AND NON-COMPETITION
The identity of World Discovery Club's affiliates is a proprietary trade secret. Affiliates must not disclose or distribute any World Discovery Club downline genealogy to any third party. Affiliates may not recruit or enroll any other World Discovery Club affiliates, not personally enrolled, into another direct sales multilevel marketing, or network marketing business. Affiliates must not promote any other opportunity in conjunction with a World Discovery Club event. Sales of products competing with those of World Discovery Club is prohibited.
- REFUND POLICY
World Discovery Club provides a 100% refund policy, less shipping and handling, for three days after purchase of product by customers or Independent Affiliates. Payment will be made directly to the purchaser upon return of the product in resalable condition within the timing allowed. If an Independent Affiliate makes a sale direct to the customer, Independent Affiliate shall be responsible for insuring that the customer is informed of the refund/return policy. Independent Affiliate shall further be responsible for any refund on products sold directly to a customer. Any software product or downloaded product will not be eligible for refund at any point after the download has occurred. This "no refund" policy shall extend to password accessible items, once a password has been entered and access granted. This policy is necessary to prevent fraud and the theft of materials; it is intended to protect both the Company and the Independent Affiliates. Any other refunds may be made at the sole discretion of the World Discovery Club. Any purchase that is financed via a payment plan offered by World Discovery Club will have no refund rights whatsoever. Any purchase that includes a special purchase price and/or a complimentary upgrade offer will have no refund rights whatsoever. Furthermore certain restrictions may apply to the delivery of portions of the product until such time as a good payment history has been established.
- SEVENTY PERCENT (70%) RULE
At the present time World Discovery Club does not market any products that may be purchased in quantity for resale. If at such time products or services are added that may be inventoried by Independent Affiliates the following rule shall apply: When World Discovery Club Independent Affiliates order product, they must certify that they have sold at retail at least 70% of all prior product purchased. An Independent Affiliate will be allowed by World Discovery Club to purchase a reasonable amount of product for personal use and enjoyment as well as to be used as sales samples. The company will monitor compliance with this rule, and any fraudulent information supplied by the Independent Affiliate will be grounds for termination of the Independent Affiliateship. World Discovery Club strictly prohibits the purchase of products in unreasonable amounts solely for the purpose of qualifying for commissions or advancement within the compensation plan. All such forms of frontloading or stockpiling are strictly prohibited.
- SALES TAX
All products may be subject to the sales tax in the state, county, or city that levies such a tax and in which a sale may occur. This tax should be calculated on the sale price of applicable purchases.
- INDIVIDUAL TAXES
Each World Discovery Club Independent Affiliate is responsible for reporting and paying his/her taxes at the federal, state and local levels. At the end of the calendar year, for all Independent Affiliates earning $600.00 or more for the calendar year, World Discovery Club will send the Independent Affiliate and the Internal Revenue Service a 1099 form reporting the Independent Affiliate's annual income from World Discovery Club.
- PROPRIETY NATURE OF DOWNLINE REPORTS
World Discovery Club may from time to time supply data processing information and reports to World Discovery Club Independent Affiliates concerning their down-line organizations. The Independent Affiliate agrees that such information is proprietary and confidential to both World Discovery Club and the individual Independent Affiliate, and is transmitted to the Independent Affiliate in confidence for his/her internal use while managing their business. The Independent Affiliate agrees that he/she will not disclose such information to any third party directly or indirectly, nor use the information to compete with World Discovery Club directly or indirectly. The Independent Affiliate and World Discovery Club agree that, but for this agreement of confidentiality and nondisclosure, World Discovery Club would not provide the above confidential information to the Independent Affiliate.
- AMENDMENTS
World Discovery Club expressly reserves the right to alter or amend wholesale prices, product availability and/or formulation, policies and procedures, and the compensation plan. Such amendments are automatically incorporated as part of the agreement between World Discovery Club and the Independent Affiliate when published in official company literature.
- PRODUCT AND INCOME CLAIMS
World Discovery Club Independent Affiliates shall not make false nor fraudulent representations about the company, its products, services, compensation plan or earnings potential. This includes the showing of checks, statement of earnings, or potential earnings. One person's earnings may not be typical of another's earnings; therefore, no income claims are allowable. In addition, Independent Affiliates shall not make any claims for or about World Discovery Club products which are not supported by facts contained in official company literature or on the company website.
- INDEPENDENT AFFILIATE CHANGE OF ADDRESS
World Discovery Club Independent Affiliates shall be responsible for immediately reporting any change of their contact information to World Discovery Club.
- RESIGNATION OF AN INDEPENDENT AFFILIATE
Independent Affiliates have the right to terminate their agreement at any time and for any reason, or without reason, and without penalty, by giving written or email notice to World Discovery Club at its principal place of business. Upon receipt of the notice, all rights to commissions, position, and wholesale purchases shall immediately cease, and the Independent Affiliate shall no longer be entitled to advertise, sell, or promote World Discovery Club products. The former Independent Affiliate's down-line shall be transferred to his/her sponsor. Resigning Independent Affiliates are not eligible to be sponsored into World Discovery Club again for a period of six (6) months following the date of termination.
- DORMANCY BY INACTIVITY
After nine (9) months of consecutive inactivity, a World Discovery Club Independent Affiliate will be classified as dormant. Inactivity shall be defined as a period in which no retail sales are made by or made within an Independent Affiliate's downline organization.
- TERMINATION OF INDEPENDENT AFFILIATE MEMBERSHIP
World Discovery Club reserves the right to terminate any Independent Affiliate at any time, or suspend said Independent Affiliate for a probationary period, when it is determined that the Independent Affiliate has violated the provisions of the Independent Affiliate Agreement, including the provisions of these Policies and Procedures as they now exist or may be amended, or the provisions of applicable laws and standards of fair dealing. Upon such a termination, the company shall notify the Independent Affiliate by mail at the latest address listed with the company. The terminated Independent Affiliate shall immediately cease representing himself/herself as a World Discovery Club Independent Affiliate, and will not be allowed to become a World Discovery Club Independent Affiliate again in the future. Where applicable state law on termination of an Independent Affiliate is inconsistent with company policy, such state law termination procedures shall be in force. If the Independent Affiliate wishes to appeal the termination, World Discovery Club must receive the appeal, in writing, within fifteen (15) days from the date of mailing of the company's termination letter. If the appeal is not received with the 15 day period, the termination will be automatically deemed final. If the Independent Affiliate files a timely appeal of termination, World Discovery Club will review and reconsider the termination, consider any other appropriate action and notify the Independent Affiliate of its decision. The decision of the company will be final and subject to no further review. In the event that the termination is not rescinded, the termination will be effective as of the date of the company's original termination notice. Upon termination of an Independent Affiliate, all rights to commissions, position, and wholesale purchase rights cease. The terminated Independent Affiliate will not be eligible for future sponsorship.
- INDEPENDENT AFFILIATE ADVERTISING
Because World Discovery Club Independent Affiliates are independent contractors; they may promote their business in any legal and ethical manner. Any promotional material must be submitted for approval. Independent Affiliate must not use the corporate name, logo or trademarks. Notwithstanding, any World Discovery Club Independent Affiliate advertisement, which utilizes the World Discovery Club name, logo or trademarks, must also clearly state, in close proximity to the World Discovery Club name, logo or trademarks, the words "Independent Affiliate", as well as, a visible link to the disclaimer to be provided by World Discovery Club. World Discovery Club Independent Affiliates shall not answer their phone, nor carry on phone or email discussions, in any manner that would give callers reason to believe that they have reached, or are talking to, the corporate offices of World Discovery Club. Only an official World Discovery Club website, as provided by World Discovery Club to the Independent Affiliate, shall be used by the Independent Affiliate to carry on his/her business selling World Discovery Club products. The World Discovery Club website shall not be altered, nor linked to other websites which may contain information or statements regarding World Discovery Club products which in themselves would be a violation of these Policies and Procedures.
- PRODUCT ORDERING, DELIVERY AND PAYMENT METHODS
World Discovery Club Independent Affiliates are not required to maintain a supply of product inventory for resale. All orders are placed on-line by the authorized World Discovery Club Independent Affiliate using the World Discovery Club website. The retail customer or Independent Affiliate can use any major credit, debit card, or e-check as payment. Memberships need to be paid for through the World Discovery Club corporate website by the new member, or mailed directly to the corporate office. Sponsors are not permitted to take payment for a membership through a personal merchant account nor accept checks made out to the sponsor himself or herself. We will dismiss any requests to activate a membership that has not been processed through World Discovery Club by the member himself or herself. World Discovery Club does not accept checks. Products are shipped from World Discovery Club directly to the customer as soon as their payment has been authorized. Alternatively, the Independent Affiliate can pay for the customer's order, and then be reimbursed directly by the customer. World Discovery Club provides the Independent Affiliate access to on-line reports that summarize the Independent Affiliate's sales activity and commissions.
- UNAUTHORIZED PURCHASES
World Discovery Club will immediately terminate any Independent Affiliate who fraudulently attempts to create bogus sales transactions for purposes of getting around the 70% rule, or meeting sales commission goals, or for any other reason. Offenders shall also be subject to possible legal action.
- BONUSES AND COMMISSIONS
World Discovery Club, LLC pays commissions daily and typically makes them available for electronic payment 5 days after the commissions are earned. An Independent Affiliate must review his/her commissions and report any errors or discrepancies to World Discovery Club, LLC within three (3) days from the date of the commission. Errors or discrepancies, which are not brought to World Discovery Club, LLC's attention within the three-day period will be deemed waived by the Independent Affiliate. Independent Affiliates receive bonuses and commissions based on the actual sales of products to end consumers. When a product is returned to World Discovery Club, LLC for a refund, the Sales Bonuses, Commissions, and sales achievements attributable to the returned or repurchased product(s) will be deducted from the Independent Affiliate personal sales totals. This reduction will occur promptly following the date that the product was returned or repurchased. Independent Affiliates must collect commission and bonus payments within six (6) months of their available date. Payments that remain uncollected after six months may be voided. Independent Affiliates who opt to finance their membership and do not make their scheduled monthly installments will forfeit any commissions due to them until their membership status is in good standing. Furthermore, World Discovery Club, LLC will apply any commissions generated by the Independent Affiliate; to their delinquent account until it is found in good standing. When payment is received for a World Discovery Club, LLC membership and the payment is less than the full retail price and the processing fees displayed on the WorldDiscoveryClub.com website, the difference will be subtracted from the commissions due to the World Discovery Club, LLC Independent Affiliate who sponsored that particular sale.
- WAIVER
Any waiver of any provision of these Policies and Procedures by World Discovery Club does not constitute a waiver of either the entire Policies and Procedures or even the same provision at a different time. World Discovery Club may at any time insist upon complete compliance with all of the terms and conditions of the Independent Affiliate Agreement and these Policies and Procedures.
- GOVERNING LAWS
These policies and procedures are reasonably related to the laws of the State of Georgia and shall be governed in all respects thereby. The parties agree that exclusive jurisdiction and venue shall be in Gwinnett County, Georgia.
- INVALIDITY OF ANY PARAGRAPH
Should any portion of these Policies and Procedures, of the Independent Affiliates Application and Agreement, or any other instruments referred to herein or issued by the company be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.
- SANCTIONS AND ENFORCEMENT ACTION
Any Independent Affiliate who violates these Policies and Procedures jeopardizes the integrity and standing of all Independent Affiliates.
The company reserves the right to revoke the status of Independent Affiliates, or place violators on probation for a period, which may delay their eligibility for advancement in the marketing plan. It is for the benefit of everyone that every Independent Affiliate abides by the letter and spirit of these Policies and Procedures.
- NOTICES TO World Discovery Club:
Any notice to World Discovery Club should be sent to the corporate offices at:
World Discovery Club LLC
3235 Satellite Blvd
Building 400 Suite 300
Duluth, GA 30096
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Independent Affiliate Agreement
As a new Independent Affiliate or Customer, I understand and agree that:
- I swear or affirm that I have read and understand the items and instructions on this form and that the responses are true and complete to the best of my knowledge.
- I am of legal age to enter into binding contracts in my state of residence. I understand that I will be an Independent Contractor, solely responsible for my own business and will not be an employee of World Discovery, LLC (hereinafter, "Company"). As such, I will not be regarded as an employee for purposes of the Federal Unemployment Tax Act, Federal Insurance Contributions Act or income tax withholding. It is my responsibility to pay any self-employment tax and all local, state and federal taxes as required by law.
- Upon acceptance of this application, as an Independent Affiliate, I will have the right to sell the products/services of Company in accordance with the company's Policies and Procedures. For these sales I will be compensated in accordance with the Company compensation plan.
- I have read and agree to the World Discovery Club Policies and Procedures available online at www.worlddiscoveryclub.com.
- I shall abide by the Policies and Procedures and Compensation Plan of Company. I agree to abide by these rules and any other regulations or subsequent amendments to Independent Affiliate obligations and responsibilities as may become necessary.
- I understand that I have no authority to bind Company to any obligation or contract.
- I agree to conduct myself in a legal, professional and ethical manner at all times. I understand that no statements or representations whatsoever may be made regarding Company products or services other than those contained in official company material, nor will I misrepresent the income potential of the Compensation Plan.
- I understand that I may not use Company trademarks, trade styles, or trade names in any form of advertising other than that which may be provided by Company.
- I understand that I may terminate my distributorship at any time via written notification to the Company at the address listed on the front of this form. I further understand that the Company may terminate my distributorship in accordance with the Policies and Procedures if I violate the terms thereof. Such termination will cancel my rights to receive compensation of any form from Company.
- I understand that I am responsible for training and supporting any Independent Affiliate I sponsor into Company.
- I agree not to repackage, re-label or sell the Company's products/services under any other name or label. I further agree not to produce any written, recorded, or other materials, which have not been approved or provided by the Company.
- I understand that this agreement may not be transferred or assigned without prior written consent of the Company.
- This agreement is binding upon and inures to the benefit of the parties, their heirs and successors in interest. If any provision of this agreement is found unenforceable or invalid, the validity of the remaining provision shall not be affected. This is the entire agreement between the parties.
- I agree to indemnify / hold Company harmless from any claims, damages and expenses, including any attorney's fees arising out of my actions or conduct in violation of this Agreement. In the event a dispute shall arise between myself and Company as to our respective rights, duties and obligations under this Agreement, and the Policies and Procedures of Company it is agreed that such disputes shall be exclusively resolved in Gwinnett County, Georgia. Georgia law will apply to the resolution of the dispute, unless otherwise agreed in writing.
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