Day in and day out, Internet users sign various forms of agreements for a variety of reasons, from joining a dating site, to participating in an online auction, to uploading media to a storage locker. These agreements, sometimes known as browse-wrap or click-wrap agreements, are necessary to memorialize and expedite the use of a website pursuant to well-defined rules. More often than not, these agreements substitute for more “traditional” contracts, and they are thus construed as such when contested in court.
A fundamental question intrinsic to contracts is whether an enforceable agreement exists at all. A dispute over the enforceability of an online agreement, and the arbitration provision therein, arose recently in state court in Texas. See Momentis U.S. Corp. v. Weisfeld, No. 05-13-01250-CV (Tex. App. July 23, 2014).Momentis involved a dispute between a marketing company and two of its “independent representatives.”
To sell its products, Momentis U.S. Corp. (Momentis) contracted with third-party independent contractors called independent representatives (IRs). Bishop and Weisfeld (collectively, Plaintiffs) signed up to be IRs. In order to be accepted as such, prospective IRs must complete and sign Momentis’ IR agreement (the Agreement), Policies & Procedures, and submit an application fee. Once the prospective IR pays the application fee, Momentis
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Epicure Launches Timesaving Solutions To Inspire People To Improve Health
by Nicole Dunkley • • 0 Comments
It’s time to change the way the world thinks about food. To help busy people who want to improve their health, Epicure—Canada’s largest direct sales company—has launched the Good Food. Real Fast.™ movement.
This transformative movement is about inspiring people to cook and eat real food, know where their food comes from and what’s in it, and limit processed foods.
“This movement is critical now,” says Amelia Warren, CEO of Epicure. “We want to dispel the myth that cooking is hard and time consuming. We want to show you how easy, quick and delicious healthy, real food can be.”
Epicure’s launch of the Good Food. Real Fast. movement provides true timesaving meal and cookware solutions that take a meal from raw to ready in mere minutes, Epicure hopes to change the way people think about what goes on their plates.
In keeping with the company’s purpose to Inspire Good,™ for every person who joins the Good Food. Real Fast. movement, Epicure will donate $1 to the Epicure Foundation,™ a nonprofit organization that partners with other charitable organizations to enhance the lives of others through vital grassroots food initiatives.
About Epicure™
Founded in 1997 in Victoria, B.C., Epicure is a women-led company, committed to doing good by providing delicious and wholesome food, inspiring people to live more fulfilling lives, and giving back to Canadians and their communities.
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Mannatech Announces Official Launch Of The M5M China Run
by Nicole Dunkley • • 0 Comments
Mannatech®, Incorporated (NASDAQ: MTEX ), announces partnership with Ultra-endurance athlete Jason Lester who will be attempting to complete a solo run of over 2,500 miles across the Great Wall of China in 100 days or less to raise awareness for the mission to fight global malnutrition.
Mannatech has partnered with Lester as the title sponsor of the M5M China Run as a part of their ongoing Mission 5 Million (M5M), movement. The goal of M5M is to connect five million children in need of proper nutrition with five million consumers of Mannatech products.
As a social entrepreneurial company, Mannatech donates servings of its proprietary PhytoBlend™ powder to at-risk children all over the world every time a consumer purchases product for themselves on automatic order. According to recent reports by the World Health Organization, approximately five million children under the age of 5 die every year due to causes linked to malnutrition. As the title sponsor, Mannatech is hoping to bring this catastrophic reality to the forefront and inspire the world to take action.
Lester’s goal is to finish the run within 100 days, requiring an average daily trek over rugged terrain equivalent to almost a full marathon per day. If his mission
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Talk Fusion World Tour Event Takes Off In Surabaya, Indonesia In September
by Nicole Dunkley • • 0 Comments
Talk Fusion Associates are gearing up for another incredible World Tour event! Founder & CEO Bob Reina and VP of Training & Development Allison Roberts will be joining Top Leaders from around the world at the HERO event in Surabaya, Indonesia on September 6 & 7, 2014. The event will be a celebration of Talk Fusion’s success, future endeavors and dedication to changing lives.
In 2013, Surabaya was host to the BELIEVE World Tour Event, which showcased the impact of Talk Fusion’s Opportunity on individuals and families across Indonesia to a sold-out crowd. BELIEVE brought new and veteran distributors of Talk Fusion’s cutting edge Video Communication Products together to recognize their success, unveil new products and highlight Talk Fusion’s ability to help people worldwide achieve their dreams through its unique direct-selling opportunity.
This year’s, HERO event is sure to far exceed the enthusiasm of last year’s event and astound the audience with exciting announcements from Bob Reina. Associates can also look forward to an itinerary of spectacular events, from the luxurious Mercedes Parade to awards and recognition, to motivational training by Top Leaders, a formal black tie Diamond and Up Dinner and more.
Talk Fusion is proud to have the following Top Leaders
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Trévo Announces The Grand Opening of Uganda Office
by Nicole Dunkley • • 0 Comments
What happens when a country known for its captivating beauty and friendly people joins forces with a global wellness and prosperity phenomenon? Trévo Uganda!
Trévo recently continued its global expansion with the opening of its next international location in Kampala, Uganda. On July 31 President and CEO of Trévo, Mark A. Stevens, and Trévo Uganda’s Country Director, Salim Rashid, joined a large group of excited Trévo field leaders to celebrate the official opening of the Trévo Uganda offices in Kampala.
A huge crowd was on hand for this grand opening and excitement ran high as global leaders and Stevens took the stage to discuss the amazing benefits of Trévo’s unparalleled opportunity and product. Several leaders described their life-altering journey toward incredible prosperity with Trévo, including five-figure monthly incomes, new company cars and the ability to create legacies of wellness, purpose and prosperity for their families, communities and countries.
Fast-Growing Global Wellness Company Launches Latest International Location
The Trévo Uganda office is located at Plot #59A, Eastern Plaza, Level 2 (next to MTN towers) on Yusuf Lule Road in Kampala, Uganda. “We are all very proud of this beautiful new office as well as the fabulous Trévo Uganda staff,” Stevens said.
If you are in the
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Mary Kay And Marketing Through Project Runway
by Tina Williams • • 0 Comments
Adweek talks to Mary Kay’s director of U.S. consumer marketing Kim Sater about the brand’s deep relationship with Lifetime’s long-running fashion design competition show Project Runway—why it’s different, and why it works.
Why do a major TV integration with Project Runway?
The Mary Kay Color Design Studio, where the models go for makeup before walking the runway, is a perfect way to showcase the full Mary Kay line. … The makeup looks [that are] used on the models play a big role in completing the overall look of the design, so the designers can get very passionate about it, and the audience at home is interested in how to get the looks or how to interpret the looks for everyday wear.
That makes the partnership go way beyond just being an official sponsor of the show. We are part of the show every week and part of the designer’s vision.
One of your top artists is appearing on the show.
Luis Casco is one of Mary Kay’s global makeup artists, and we were thrilled to have him integrated into the show. In this role, Luis is the on-air representative of the brand. Luis was on set in the Mary Kay Color Design Studio consulting with the show’s designers on their visions for their models and working
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Ambit Energy Responds To Negative Press
by Tina Williams • • 0 Comments
In a press release sent out this week, Ambit Energy speaks on how they have handled negative press and how they are overcoming future challenges.
Numerous reports of complaints have been received by BBB against Ambit Energy; however these complaints have been handled, resolved and dealt with at no time.
Ambit Energy is a United States Multi-Level Marketing Company which provides electricity and natural gas services among households. The company was founded in 2006 and its headquarters is located in Dallas, Texas.
Ambit Energy Holdings LLC have been accredited by the Better Business Bureau since its founding in 2006 and have enjoyed continuous accreditation ever since. The company committed in abiding with BBB’s high quality accreditation standards and promises to continue to support them by providing excellent customer service to their consumers and making sure that all consumer complaints are resolved the soonest possible time.
Ambit Energy makes sure that everyone connected with their company follows the standards set by BBB. This is one of their top priorities since these are the core pillars of excellent consumer handling and a prosperous business. Ambit Energy wants to make sure that they have proper communication lines open to all consumers especially those who have complaints in the past. Ambit
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AdvoCare Sponsors Training Facility For Major Football Team
by Tina Williams • • 0 Comments
Plano-based AdvoCare International, a health and wellness company, recently announced it has secured the naming rights of a new professional sports practice facility located at The Greenbrier, an award-winning resort in White Sulphur Springs, W. Va. Officially named the AdvoCare Sports Performance Center, the facility is the new training camp home for the New Orleans professional football team.
“AdvoCare is very proud to give its name to this new training facility that New Orleans football players, coaches and fans will call home for the next few weeks,” said Richard Wright, CEO of AdvoCare. “We are excited for the exposure AdvoCare will receive as a result of the crowds the facility will attract in the next month, as well as down the road.”
The practice facility includes three practice fields – two natural turf and one synthetic grass – along with a 55,000-square-foot multi-purpose building equipped with meeting, weight and locker rooms, training and physical therapy accommodations, as well as kitchen and dining facilities.
AdvoCare, a nationally recognized brand for more than 20 years, offers general nutrition, weight loss, energy and sports performance products of the highest quality. To further establish AdvoCare as a household name, the company has developed local, regional and national sports-focused
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Vemma Partners With Acclaimed Peak Performance Coach Rex Crain
by Tina Williams • • 0 Comments
Vemma announced that they will be continuing their strong commitment to the training and personal development of their Affiliates with a new, live online training program featuring acclaimed speaker, writer, and peak performance coach, Rex Crain. They shared the news on their blog this week:
Rex has served as a peak performance coach, speaker and consultant to Fortune 500 companies, professional athletes, Olympians, entertainment executives and celebrities, in addition to people from all walks of life.
Beginning August 14, join Rex Crain every Thursday at 5 p.m. PDT on Vemma.com for the new U Power training call! Experience personal development training sessions designed to help you transform into the person and business leader you want to be.
You’ll get inspired, get the tips you need to succeed and discover new, results-oriented activities and business strategies to take you to the next level so you can achieve your full potential. Rex Crain made his Vemma debut at the Miami Verve Leadership Academy and his passionate 50-minute keynote power talk rocked the thousands in attendance, as well as those watching the stream at home.
The weekly 10-15 minute training will be streamed live and is completely free for all Vemma Affiliates. Special guests will appear on
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USANA Donates $1.5 Million RMB To China Earthquake Relief Efforts
by Nicole Dunkley • • 0 Comments
Disaster can strike anywhere, anytime and the effects are felt around the world. That’s when organizations like the USANA True Health Foundation step in. Because of the way the foundation is set up, it’s in a position to help with unforeseen catastrophes in an urgent and timely manner. The non-profit organization donated $1.5 million RMB to aid in relief efforts surrounding the massive 6.5 magnitude earthquake that struck Yunnan province, southwestern China province on August 2.
Contributions will go to the China Foundation for Poverty Alleviation (CFPA), a non-profit organization, engaged in managing domestic and overseas-donated funds and materials.
“It’s devastating when a natural disaster hits your home, and we will be there when people are suffering,” said President of the USANA True Health Foundation, Elaine Pace.
“We thank all the members of our USANA family who have made it possible for the True Health Foundation to assist in life-saving events such as this.”
The $1.5 million RMB donation includes cash and premium products provided by USANA Health Sciences. The money will be transferred to CFPA, supplies such as food, water, tents and other urgent needs will be delivered to the Yunnan Civil Affairs Bureau and 200-thousand boxes ofUSANA® Probiotics will be delivered