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Marketing Representative Application and Agreement:

Applicant Information:
First Name:	Last Name:		Middle Initial

Business Name (if Commercial):

Address:

City:	State:	ZipCode:
		*
Home Phone:	Work Phone:
*	*
Social Security Number/Fed I.D. Number:
*
E-Mail Address:

Customize Your Entry Position: (select one of the following)
Marketing Representative w/Full Time Membership	Full Time Marketing Representive Position: $999.00
Marketing Representative w/Annual StarPac	Marketing Representive Position + Annual StarPac Subscription: $539.00
Marketing Representative w/Monthly StarPac	Marketing Representive Position + Monthly StarPac Subscription: $329 + $24.95 monthly payments. (You will be contacted to setup monthly billing.)


MARKETING REPRESENTATIVE ACKNOWLEDGMENT:
GREEN MOUNTAIN ENERGY NETWORK (Herein referred to as GMEN) INDEPENDENT REPRESENTATIVE TERMS & CONDITIONS I acknowledge & agree that I have received & read, & understand & agree to comply with the terms & conditions of this Application & Agreement, including the GMEN Independent Representative Terms & Conditions attached hereto, the GMEN Policies & Procedures & Compensation Plan, each of which is incorporated by reference as a part of this Application & Agreement, together with all other policies & procedures, rules, regulations & guidelines established from time-to-time by The GMEN, as any of the forgoing may be amended from time-to-time by GMEC. A GMEN Independent Representative must be at least 18 years of age; must complete & sign a GMEN Independent Marketing Representative Application & Agreement, Independent Fundraiser Application & Agreement or Independent Sales Associate Application & Agreement; & must be accepted as an Independent Representative by GMEC. Capitalized terms used but not defined in this Application & Agreement have the meaning provided in the GMEN Policies & Procedures. 1. These Terms & Conditions apply to & are an integral part of every GMEN Independent Representative Agreement, including the GMEN Independent Marketing Representative Application & Agreement, the GMEN Independent Fundraiser Application & Agreement & the GMEN Independent Sales Associate Application & Agreement (each an IR Agreement). By signing & submitting an IR Agreement, you acknowledge & agree that you have received & read these Terms & Conditions & that you agree to abide by the IR Agreement, including these Terms & Conditions & the GMEN Policies & Procedures & Compensation Plan, each of which is incorporated by reference as a part of the IR Agreement. 2. You affirm that you are of legal age in the state of execution of this IR Agreement. 3. You understand that this IR Agreement is not binding until received & accepted by GMEN. You agree to timely pay for any products, materials, services or other items that you purchase from GMEN. In the event that you are delinquent in making any payments, you agree that GMEN may offset such debt from any monies owing to you under its Compensation Plan. 4. The GMEN is the network marketing organization created by Green Mountain Energy Company (GMEC), the nation�s leading retail provider of cleaner electricity products & services, in order to market & sell GMEC retail electricity services to residential & commercial customers in competitive areas within the state of Texas, & to market & sell other products & services as may be offered through the GMEN from time-to-time. Your IR Agreement is with GMEC. 5. You agree that you are an independent representative that is responsible for your own business & not an agent, legal representative or employee of GMEN, GMEC or any other party with whom GMEN or GMEC transacts business. You agree that you will not in any manner claim to be or represent yourself as an agent, representative, legal representative or employee of GMEN, GMEC or any other party with whom the GMEN or GMEC transacts business, & that you will not be treated as an employee for purposes of any federal, state or local statute, regulation, ordinance or other law. 6. You may terminate this IR Agreement for any reason, at any time, by giving GMEC prior written notice at its address of record. GMEN may terminate this IR Agreement pursuant to the Green Mountain Energy Policies & Procedures or in the event that you breach any part of the IR Agreement. 7. You acknowledge that as an IR, you are not guaranteed any income nor are you assured any profits or success, & you certify that no claims of guaranteed profits or representations of expected earnings that might result from your efforts as an IR have been made by GMEN, GMEC or your sponsor. In this connection, you shall not represent directly or indirectly that any person may, can or will earn any stated gross or net amount nor that sponsorship of other IRs is easy to secure or retain or that substantially all IRs will succeed. 8. You understand that GMEN & GMEC offer various products & services in different markets &, based on business conditions, certain services or the markets where the services are offered may change from time-to-time without notice. 9. For those representatives who have not previously chosen the Fulltime entry or upgrade options, GMEN�s renewal fee commences after the IR's first anniversary date. The annual fee is for StarPac Business services provided by GMEN which include but are not limited to tracking of personal customers, tracking of downline IRs & accounting services. As an IR, you may obtain a renewal application from the GMEN website. Renewal applications & fees must be received by GMEN no later than 30 days after the IR's anniversary date or deactivation of the StarPac Business Services will occur, resulting in the forfeiture of the down line bonuses, commissions or other payments from GMEN. Monthly residuals for active GMEC personal electric customers will continue to be paid. Renewal options include monthly payments, discount single annual payment or a single payment upgrade to Fulltime status. There may be a fee to process all payments made to IRs. 10. You acknowledge that your IR relationship is with the GMEN & GMEC & not with any other supplier or service provider with whom the GMEN or GMEC transacts business. 11. In the process of selling or otherwise promoting the products or services that GMEN markets, you agree that you, as an IR, will operate in a lawful, ethical & moral manner & that you will make no false or misleading statements regarding the various relationships between & among GMEN, GMEC & any other supplier/service provider(s) & the products or services offered through the GMEN. You specifically acknowledge & agree that you will not engage in the �slamming� of a customer. 12. You understand that during any investigation by GMEN with respect to a potential breach of your IR Agreement &/or GMEN�s Policies & Procedures, your IR position may be suspended by GMEN & any payments which may be otherwise owing to you may be suspended or withheld until final resolution has been achieved. You acknowledge & agree that in the event of your violation of your IR Agreement &/or GMEN�s Policies & Procedures, your IR position & your rights there under may be terminated without further receipt of commissions or payments of any kind. 13. You agree to keep accurate records & not to engage in or perform any misleading, deceptive or unethical practices. You further agree to abide by all federal, state & local laws & regulations governing the sale or solicitation of the products & services marketed by GMEN &/or its supplier/service provider(s), including but not limited to, any & all permits & licenses required to perform under the IR Agreement. 14. Neither GMEN, GMEC nor any other supplier/service provider(s) with whom GMEN transacts business shall be liable under any circumstances for any damage or loss of any kind, including indirect, special, punitive, compensatory, or consequential damages, losses or profits which may result from any cause, including but not limited to, breach of warranty, delay, act, error or omission of GMEN, GMEC or any other supplier/service provider(s), or in the event of discontinuation or modification of a product or service by GMEN, GMEC or any other supplier/service provider(s). You understand that the obligations of GMEN, GMEC &/or any other supplier/service provider(s) are limited to the performance of commercially reasonable best efforts to process customer orders for acceptance & approval of requested services. 15. You understand that as an IR, you are free to select your own means, methods & manner of operation & that you are free to choose the hours & location of your activities under this IR Agreement, subject only to the terms of this IR Agreement & all Green Mountain Energy Network Policies & Procedures. 16. You acknowledge & agree that GMEN markets products & services to end customers at rates established by GMEC or other GMEN supplier/service provider(s) from time-to-time & that those products, services & rates shall be subject to change without prior notice. 17. You acknowledge & agree that you are responsible for supervising & supporting Independent Representatives of your down line. You agree to maintain regular communication in support of your downline IR�s through verbal & written communications. 18. GMEN will periodically make various sales literature, promotion materials, training & other products or services available. However, you are under no obligation to purchase any quantities of those materials or services at any time. You will have the option to order & purchase any materials or services, which you may choose. If you choose to purchase such materials then you may return any unused, unopened & currently marketable goods purchased from GMEN for up to one year & receive a refund of 90% of the purchase price. You will incur the cost of shipping said materials to GMEN. You also agree that after the purchase & delivery of any such materials & services, refunds shall not be allowed under any circumstances, including but not limited to termination of the IR Agreement or obsolescence of such materials, except as required by applicable state laws. 19. You acknowledge & agree that you have the right to sign up as many personal customers as you wish. For the personal customers signed, you will be eligible to receive commissions from such personal customers� electricity usage payments & from your network of IRs in accord with the then-current GMEN Compensation Plan. GMEN reserves the right to vary or change eligibility as set out in the Compensation Plan. Any other payments you may receive will be based upon fulfilling certain terms of qualification as set forth in the then-current GMEN Compensation Plan. You agree that as a GMEN IR, you will place primary emphasis upon the sale of GMEC products & services to retail end use customers as a condition of your receipt of commissions. Under certain circumstances, commission & bonus rates may be adjusted for promotional products or negotiated pricing. You agree that any payments made to you for your GMEN business in check form that remain un-cashed by you after six (6) months from the date on the check are forfeited & thereafter are the property of GMEN & GMEC. 20. You agree to indemnify & hold GMEN, GMEC & each of their respective shareholders, directors, officers & employees harmless from any & all claims, damages, & expenses, including any attorney�s fees, arising out of your actions or conduct in violation of your IR Agreement. In the event a dispute arises between you & GMEN as to our respective rights, duties & obligations arising out of or relating to the IR Agreement it is agreed that such disputes shall be exclusively resolved through binding arbitration before the American Arbitration Association pursuant to the Commercial Rules of Arbitration. The arbitration shall be held in Austin, Texas before a panel of three arbitrators, each side choosing one & then the two choosing the third. Texas law will apply to the resolution of the dispute unless otherwise agreed in writing. The award of the arbitrator shall be final & may be entered in any court of competent jurisdiction. This provision shall not restrict GMEN or GMEC from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction. 21.IRs residing in the States of Georgia, North Dakota, Indiana, Iowa, Michigan & West Virginia shall not be required to make an initial payment of more than $499.99 for any level they choose to enter during the first six (6) months of GMEN representation. Permissible IR purchases shall automatically be modified to comply with the exemption requirements set forth in any state laws regulating business opportunities. 22. You acknowledge & agree that you have received the GMEN Policies & Procedures. You understand & agree that the Policies & Procedures are a legally binding part of the IR Agreement. You further acknowledge & agree that GMEN & GMEC fully reserves its right to modify the IR Agreement, the GMEN Policies & Procedures &/or Compensation Plan at any time by providing you with written notification or verbal communication through the GMEN website, or such modifications through other written or verbal communication from GMEN. For purposes of this IR Agreement, your address as indicated on this IR Agreement shall be deemed to be your correct address unless & until written notification of a change of address is provided by you to GMEN. 23. You acknowledge & agree that this IR Agreement, the Compensation Plan & the GMEN Policies & Procedures incorporated herein by reference constitute the entire IR Agreement between the parties hereto & shall not be modified or amended except as described in item 22 above. This IR Agreement shall be binding upon & inure to the benefit of heirs, successors & permitted assigns of the parties hereto. If any provision of the IR Agreement is determined by any authority of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason whatsoever, the validity of the remaining provision or portions thereof shall not be affected thereby. 24. You acknowledge & agree that the Compensation Plan is based on current products GMEN is marketing & is subject to change without notice. 25. During the term of the IR Agreement, IRs may not, directly or indirectly, sell to or solicit retail electricity products or services or other products or services offered by GMEN through any person or entity other than that specifically designated or approved in writing by GMEN. IRs may not, during their relationship with GMEN & for a period of one (1) year thereafter, directly or indirectly, divert, entice, knowingly call upon, sell or solicit, take away or move any customer of GMEN, GMEC or any other supplier/service provider(s), whether or not the IR originally procured or brought such customer to GMEN or GMEC (such activities are collectively referred to herein as �Solicitation�). All customers solicited by IRs on behalf of GMEN, GMEC & other supplier/service provider(s) are deemed to be customers of GMEN, GMEC &/or such other supplier/service provider(s), as applicable, & not of the GMEN IRs. IRs understand that this solicitation prohibition shall be strictly enforced & that GMEN, GMEC & any other supplier/service provider(s) are the intended beneficiaries of this prohibition as well as any proprietary & confidential information provided to GMEN which in turn is received by IR. During the term of the IR Agreement & for a period of one (1) year thereafter, IRs may not enter into a direct marketing relationship with any supplier/service provider of GMEN. During the term of this IR Agreement & for a period of one (1) year thereafter, GMEN IRs may not solicit another GMEN IR, whether active, inactive, individual or entity to participate in a network marketing program offered by any other company, regardless of whether or not such network marketing company offers competing products or services. Violation of this covenant & condition will result in forfeiture of all IR rights, including all current & future commissions, bonuses & payments of any kind. NOTICE OF CANCELLATION You may cancel this transaction, without penalty or obligation, for a full refund, within five (5) business days from the date of this IR Agreement, exclusive of the date of signing or if processed electronically the date this IR Agreement is submitted to GMEN for processing. You understand that if you cancel after the five (5) day period, you are not entitled to a full refund. This limitation is not applicable in Georgia or where superseded by any other state law. If you cancel within the five (5) business day period from the date of this IR Agreement, any payments made by you under this IR Agreement & any instrument executed by you will be returned within fifteen (15) business days following receipt by GMEN of your Cancellation Notice. If you cancel, you must make any literature, materials or other goods you have received available for return to GMEN in substantially as good condition as when received. To cancel this IR Agreement, you must mail, via registered or certified mail, return receipt requested, or deliver personally, to GMEN a signed, dated copy of a Notice of Cancellation to: GMEN, Green Mountain Energy Company, Attn: GMEN Notice of Cancellation, 300 W. 6th Street, Suite 900, Austin, TX 78701. Where applicable state law on cancellation is inconsistent with GMEN policy, such state law shall be in force. By checking this box I acknowledge that I have carefully read all the terms and conditions on this application and Agreement together with all policies and procedures, rules and guidelines established by Green Mountain Energy Network Applicant agrees to be bound by said policies, procedures, and terms, which may be amended from time to time. Applicant affirms that they are at least 18 years of age. Charges will appear on your credit card by US UniStar, Inc. Refund Policy: you may reverse this transaction within 3 days by contacting us in writing. After 3 days there are no refunds or exchanges. SUBSTITUTE W-9 CERTIFICATION & MARKETING REPRESENTATIVES ACKNOWLEDGMENT By checking this box I Certify under penalties of perjury that: [1] The number shown on this page is my correct taxpayer identification number. [2] I am not subject to backup withholding because (a) I am exempt from backup withholding or (b) I have not been notified by the IRS that I am subject to backup withholding because of failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. [3] I am a U.S.citizen (including a U.S. resident alien) NOTE: You may not use this online application if you HAVE been notified by the IRS that you ARE currently subject to backup withholding. For further information please contact our office at (806) 853-9119. Your Green Mountain Energy Network Representitive is Brian Rambo (1598), you may contact them at fourhundredninety@yahoo.com with any questions or problems you may have during your application process.