Breathless® Wines Ambassador Terms & Policies
- Adherence to the Agreement. Ambassadors must comply with the Agreement. If you have not yet reviewed the Terms and Policies at the time you execute this Agreement, they are posted in your Ambassador Back-Office. You must review the Terms and Policies within five days from the date on which you execute this Agreement. If you do not agree to the Terms and Policies, your sole recourse is to notify the Company and cancel your Breathless Wines Agreement. Failure to cancel constitutes your acceptance of the Terms and Policies. You must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Breathless Wines.
- Amendments to the Agreement. The Company reserves the right to amend the Agreement as the company deems reasonably necessary. Amendments shall be effective 30 days after notice and publication of the amended provisions in each Ambassador’s Back-Office, but amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. If you do not agree to any amendments, your sole recourse is to cancel your Breathless Wines Agreement.
Ambassadors’ Rights. Ambassadors for Breathless Wines, Inc., (hereinafter “Breathless Wines, “):
- Have the right to sell, and solicit orders for, Breathless Wines products in accordance with these Terms and Policies. It is within the exclusive right of Breathless Wines to accept or reject orders submitted by Ambassadors;
- Have the right to enroll others as Breathless Wines Ambassadors;
- If qualified, have the right to earn commissions pursuant to the Breathless Wines Compensation Plan.
- Independent Contractor Status. Ambassadors are independent contractors and not employees, partners, legal representatives, or franchisees of Breathless Wines, Inc. Ambassadors are solely responsible for paying all expenses they incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. AMBASSADORS SHALL NOT BE TREATED AS A BREATHLESS WINES EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES. Breathless Wines is not responsible for withholding and shall not withhold or deduct FICA, or taxes of any kind from Ambassadors’ compensation. Ambassadors are not entitled to workers compensation or unemployment security benefits of any kind from Breathless Wines.
- Assignment of Rights and Delegation of Duties. Ambassadors may not assign any rights under the Agreement without the prior written consent of Breathless Wines, Inc. Any attempt to transfer or assign the Agreement without the express written consent of Breathless Wines renders the Agreement voidable at the option of Breathless Wines and may result in termination of your Breathless Wines business.If the assets of Breathless Wines, or a controlling ownership interest in Breathless Wines, is transferred to a third party, Breathless Wines may assign its rights and delegate its duties and obligations under the Agreement to such third party as part of the sale or transfer.
- Waiver. Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.
- Waiver of Right of Publicity. Ambassadors grant Breathless Wines an irrevocable license to reproduce and use their name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums. Ambassadors waive all claims for remuneration for such use and all rights to inspect or approve all draft, beta, preliminary, and finished material.
- Minimum Age. Persons under age 21 may not be Ambassadors and no Ambassador shall knowingly recruit or sponsor, or attempt to recruit or sponsor, any person under age 21.
- If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of an Ambassador against Breathless Wines shall not constitute a defense to Breathless Wines’ enforcement of any term or provision of the Agreement.
- Term and Renewal of a Breathless Wines Business. The term of this agreement is one year (subject to prior cancellation pursuant to the Terms and Policies). Breathless Wines reserves the right to terminate all Ambassador Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels.A participant in this multilevel marketing program has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address or via the Ambassador’s Back-Office.
- Maryland Residents: A participant may cancel the contract for any reason within 3 months after the date of receipt of goods or services first ordered; upon cancellation, the Company shall repurchase the goods; and the repurchase price shall be at least 90% of the original price paid by the participant.
General Conduct. Ambassadors shall safeguard and promote the good reputation of Breathless Wines and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Ambassadors shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that violates this provision, and the following list is not a limitation on the standards of conduct to which Ambassadors must adhere, the following examples are practices that are specifically prohibited under this policy:
- Making statements are deceptive, untruthful, unfair, or misleading;
- Making any implied or express representation that any state or federal government official, agency, or body has approved or endorses Breathless Wines, its program, or products;
- Engaging in criminal or fraudulent conduct in business or in one’s personal life that could reasonably be foreseen to damage the Company’s reputation or the culture that exists within the field sales force;
- Engaging in conduct that can reasonably be interpreted as constituting harassment, intimidation, discrimination, predatory, abusive, obscene, humiliating to others or conduct that threatens violence;
- The unwanted disclosure of a third-party’s personal information;
- Using a Breathless Wines business to promote a social, political or religious purpose.
Social Media. In addition to meeting all other requirements specified in these Terms & Policies, should an Ambassador utilize any form of social media in connection with her Breathless Wines business, including but not limited to blogs, Facebook, Twitter, Linkedin, YouTube, or Pinterest, the Ambassador agrees to each of the following:
- Ambassadors are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all postings on any social media site that they own, operate, or control.
- Ambassadors shall not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
- No product sales or enrollments may occur on or through any social media site. To process sales or enrollments, a social media site must link only to the Ambassador’s Breathless Wines replicated website, Breathless Wines’ corporate website or an official Breathless Wines corporate social media page.
- Any social media site that is directly or indirectly operated or controlled by an Ambassador that is used to discuss or promote Breathless Wines’ products, or the Breathless Wines opportunity may not link to any website, social media site, or site of any other nature that promotes the products, services, or business program of any direct selling company other than Breathless Wines.
- During the term of this Agreement an Ambassador may not use any social media site on which they discuss or promote, or have discussed or promoted, the Breathless Wines business or Breathless Wines’ products to directly or indirectly solicit anyone for another direct selling or network marketing program (collectively, “direct selling”).
- During the term of the Agreement, an Ambassador shall not take any action on any social media site on which they discuss or present, or have discussed or presented, Breathless Wines’ products or the Breathless Wines business that may reasonably be foreseen to draw an inquiry from Breathless Wines’ Ambassadors relating to the Ambassador’s other direct selling business activities or products.
- Ambassadors shall not discuss or raise any social, religious, or political issue on any social media site on which it mentions, or has mentioned, Breathless Wines.
- If an Ambassador creates a business page on any social media site to promote or relates to Breathless Wines, its products, or opportunity, the page may not promote or advertise the products or opportunity of any other network marketing business other than Breathless Wines and its products. If the Ambassador’s Breathless Wines business is cancelled for any reason or if the Ambassador becomes inactive, the Ambassador must deactivate the page.
- Ambassadors shall respect the privacy of other social media users. Ambassadors shall not engage in abusive social media practices including but not limited to harvesting or trolling for connections, shaming or bullying others.
- Ambassador Web Sites, Mobile Applications and Collateral Sales Tools. Ambassadors may not create their own websites or mobile applications, and other collateral sales tools to promote their Breathless Wines business or Breathless Wines’ products and services (websites, mobile applications and collateral sales tools shall be collectively referred to as “Tools.”
Trademarks and Copyrights. The name “Breathless Wines” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of Breathless Wines. The Company grants Ambassadors a limited license to use its trademarks and trade names in promotional material in accordance with these Policies for so long as the Ambassador’s Agreement is in effect. Upon cancellation of an Ambassador’s Agreement for any reason, the license shall expire and the Ambassador shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may an Ambassador use any of Breathless Wines’ trademarks or trade names in any email address, website domain name, social media handle, social media name or address.
Breathless Wines commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Ambassadors, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Ambassadors may not record company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.
In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted. Ambassadors shall not copy any such materials for their personal or business use without the Company’s prior written approval.
Change of Sponsor. The only means by which an Ambassador may legitimately change his/her sponsor are by:
- Voluntarily canceling his/her Breathless Wines business in writing and remaining inactive for six (6) full calendar months. Following the six-calendar month period of inactivity, the former Ambassador may reapply under a new sponsor. The Ambassador will lose all rights to his/her former downline organization upon his/her cancellation; or
- Submitting a written request to the Company at firstname.lastname@example.org for a change of sponsor. The Ambassador requesting the transfer must also submit written and signed transfer authorization forms from his/her immediate three upline Ambassadors.
- Waiver of Claims. In cases wherein an Ambassador improperly changes his/her sponsor, Breathless Wines reserves the sole and exclusive right to determine the final disposition of the downline organization that was developed by the Ambassador in his/her second line of sponsorship. AMBASSADORS WAIVE ANY AND ALL CLAIMS AGAINST BREATHLESS WINES, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND BREATHLESS WINES’ DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN AMBASSADOR WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR.
- Home Parties. If you host a Breathless Wines home party, you are responsible to ensure that no attendee becomes intoxicated.
- Income Claims. When presenting or discussing the Breathless Wines opportunity or Compensation Plan to a prospective Ambassador, Ambassadors may not make income projections, income claims, income testimonials, or disclose their Breathless Wines income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other Breathless Wines Ambassador. Nor may Ambassadors make “lifestyle” income claims. A “lifestyle” income claim is a statement or depiction that infers or states that the Ambassador is able to enjoy a luxurious or successful lifestyle due to the income they earn from their Breathless Wines business. Examples of prohibited lifestyle claims include, but are not limited to, representations (either through audio or visual medium) that an Ambassador was able to quit his/her job, acquire expensive or luxury material possessions, or travel to exotic or expensive destinations.
Compensation Plan and Program Claims. When presenting or discussing the Breathless Wines compensation plan, you must make it clear to prospects that financial success in Breathless Wines requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include, but are not limited to:
- It’s a turnkey system.
- The system will do the work for you.
- Just get in and your downline will build through spillover.
- Just join and I’ll build your downline for you.
- The Company does all the work for you.
- You don’t have to sell anything.
- All you have to do is buy your products every month.
The above are just examples of improper representations about the compensation plan and the Company’s program. It is important that you do not make these, or any other representations, that could lead a prospect to believe that they can be successful as an Ambassador without commitment, effort, and sales skill.
- Media Inquiries. Ambassadors must not interact with the media regarding the Breathless Wines business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to Breathless Wines’ marketing department.
Non-solicitation. Breathless Wines Ambassadors are free to participate in other network marketing programs. However, during the term of this Agreement, an Ambassador may not directly or indirectly Recruit other Breathless Wines Ambassadors for any other network marketing business. The term “Recruit” means the direct or indirect, actual or attempted, sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, another Breathless Wines Ambassador to enroll or participate in another network marketing opportunity. This conduct constitutes Recruiting even if the Ambassador’s actions are in response to an inquiry made by another Ambassador or customer.
If an Ambassador is engaged in another network marketing program, it is the responsibility of the Ambassador to ensure that his or her Breathless Wines business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. To this end, the Ambassador must not:
- Display Breathless Wines promotional material, sales aids, or products with or in the same location as, any non-Breathless Wines promotional material or sales aids, products or services (Pinterest and similar social media sites are exempt from this provision).
- Offer the Breathless Wines opportunity, products or services to prospective or existing customers or Ambassadors in conjunction with any non-Breathless Wines program, opportunity or products.
- Offer, discuss, or display any non-Breathless Wines opportunity, products, services or opportunity at any Breathless Wines-related trunk-show, meeting, seminar, convention, webinar, teleconference, or other function.
- Non-disparagement. Negative comments in the field serve only to sour the enthusiasm of other Ambassadors. Therefore, Ambassadors shall not disparage, libel, slander, or make negative or critical comments to any other Ambassador or third party regarding the Breathless Wines, its management, products or compensation plan. All criticism must be directed exclusively to the Company at email@example.com.
- Confidential Information. “Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to Breathless Wines’ Ambassadors and/or customers: (a) that is contained in or derived from any Ambassadors’ respective Ambassador Back-Office; (b) that is derived from any reports issued by Breathless Wines to Ambassadors to assist them in operating and managing their Breathless Wines business; and/or (c) to which an Ambassador would not have access or would not have acquired but for his/her affiliation with Breathless Wines. Confidential Information constitutes proprietary business trade secrets belonging exclusively to Breathless Wines and is provided to Ambassadors in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Ambassador’s use in building and managing his/her Independent Breathless Wines business.
- Handling Personal Information. If you receive Personal Information from or about prospective Ambassadors or customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information is information that identifies, or permits you to contact, an individual. It includes a customer’s, potential customers, Ambassadors and prospective Ambassadors’ name, address, email address, phone number, credit card information, social security or tax identification number and other information associated with these details.
- Product Inventory & Bonus Buying. Ambassadors may not carry an inventory of Breathless Wines products for resale. All products are direct shipped from the Company to the customer. In addition, bonus buying is strictly prohibited. Bonus buying is the purchase of merchandise for any reason other than bona fide use, or any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fide product purchases by end user consumers for actual use.
- Limitations on Ambassador and Household Businesses. Ambassadors may own, operate, control, or have an interest in, only one Breathless Wines business, and there may be only one Breathless Wines business in a household. A “household” is defined as spouses or couples, and dependent children of one or both spouses or couples, living in the same home of the spouses or member of the couple, as well as dependent children of either spouse or member of the couple, while attending school away from home.
- Actions of Third-Parties. If a third party acting on behalf of, or with the active or passive assistance or knowledge of an Ambassador engages in conduct that would be a violation of the Agreement, the conduct of the third-party may be imputed to the Ambassador. “Knowledge” of misconduct is not limited to actual knowledge. If an Ambassador engages in acts or omissions that the Ambassador knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the Ambassador, the Ambassador shall be deemed to have knowledge of the violation.
- Tampering With Product Packaging. Breathless Wines products must be sold in their original packaging. Ambassadors shall not alter the original packaging or labeling.
- Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to Breathless Wines for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company. Unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs and continuing every pay period thereafter until the commission is recovered, from the upline Ambassadors who received bonuses and commissions on the sales of the refunded products.
Breathless Wines reserves the right to withhold or reduce any Ambassador’s compensation as it deems necessary to comply with any garnishment or court order directing Breathless Wines to retain, hold, or redirect such compensation to a third party.
- Return of Merchandise and Sales Aids by Ambassadors Upon Cancellation or Termination. Within 30 days from the cancellation or termination of an Ambassador’s Agreement, the Ambassador may return products and Sales Tools that he or she personally purchased from Breathless Wines within 12 months prior to the date of cancellation (the one-year limitation shall not apply to residents of Louisiana, Massachusetts and Wyoming) so long as the goods are in currently marketable condition and are returned to the Company within 30 days from the date of the Ambassador’s cancellation or termination. Upon the Company’s timely receipt of returned goods and confirmation that they are in currently marketable condition, the Ambassador will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are in “currently marketable condition" if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item, or which has passed it commercially reasonable usable or shelf-life, is not in currently marketable condition. Back Office and Replicated website fees are not refundable except as may be required under applicable state law.
- Montana Residents: A Montana resident may cancel his or her Ambassador Agreement within 15 days from the date on which this application is submitted and may return his or her sales kit within such time and is entitled to a full refund for the sales kit and for any other consideration he/she paid within such time period to participate in the program.
- Louisiana, Massachusetts and Wyoming Residents: If you cancel your Ambassador Agreement, upon receipt of your written request, Breathless Wines will refund 90% of the costs you have incurred to participate in the program during the current year.
- Satisfaction Promise. If you’re not completely happy with your Breathless Wines purchase you may return unopened and re-sellable item(s) for a refund within 60 days from the date of your order for a refund (less a 25% restocking fee and shipping charges). This satisfaction promise is not applicable to sale items, display items and business supplies, sales kits, or merchandise that you did not purchase from the replicated website of a Breathless Wines Independent Ambassador.
- Other Cancellation Rights. Customers, Preferred Customers and newly enrolled Ambassadors have three business days within which to cancel their initial purchase and obtain a full refund. Residents of Alaska have five business days and residents of North Dakota age 65 and over have 15 days to cancel and receive a full refund. An explanation of these rights is explained on the sales receipt.
- Disciplinary Sanctions. Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Ambassador that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of the Ambassador’s Breathless Wines business, and/or any other disciplinary measure that Breathless Wines deems appropriate to address the misconduct. In situations deemed appropriate by Breathless Wines, the Company may institute legal proceedings for monetary and/or equitable relief.
- Ambassadors agree to indemnify Breathless Wines for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that Breathless Wines incurs resulting from or relating to any act or omission by Ambassador that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. Breathless Wines may elect to exercise its indemnification rights through withholding any compensation due the Ambassador. This right of setoff shall not constitute Breathless Wines’ exclusive means of recovering or collecting funds due Breathless Wines pursuant to its right to indemnification.
- Effect of Cancellation. An Ambassador whose business is cancelled for any reason will lose all Ambassador rights, benefits and privileges. This includes the right to represent yourself as an Independent Breathless Wines Ambassador, to sell Breathless Wines products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Ambassador and the Ambassador’s former downline sales organization. There is no whole or partial refund for tangible sales kits that are not currently marketable, Ambassador Back-Office, replicated website or renewal fees if an Ambassador’s business is cancelled.
- Voluntary Cancellation. A participant in this network-marketing plan has a right to cancel at any time, regardless of reason. Cancellation shall be effective by: (a) submitting written cancellation to the Company at its principal business address or by cancelling his/her business through the Ambassador Back-Office; (b) the Company may (but is not required to) rely on any public announcement of resignation or cancellation by the Ambassador (including but not limited to any announcement on social media) as an effective cancellation; (c) failure to pay Back-Office and Replicated Website fees; or (d) Revoking your authorization to contract electronically. If an Ambassador is also on the autoship program, the Ambassador’s autoship order shall continue unless the Ambassador also specifically requests that his or her customer autoship Agreement also be canceled.
- Cancellation for Inactivity. If an Ambassador fails to earn a commission for six consecutive months, his/her Ambassador Agreement and Breathless Wines business will be cancelled for inactivity. If an Ambassador is also on the customer autoship, the Ambassador’s autoship order shall continue unless the Ambassador also specifically requests that his or her autoship order also be canceled. The buyer shall then be classified as a retail customer.
- Re-enrollment Following Cancellation for Inactivity. An Ambassador who is cancelled for inactivity may re-enroll without purchasing another sales kit anytime before the anniversary date of his/her initial enrollment.
- Business Transfer Before selling or transferring a Breathless Wines business, an Ambassador must offer the Company the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten days to exercise its right of first refusal.
- Transfer Upon an Ambassador’s Death. An Ambassador may devise his/her business to his/her heirs. Because Breathless Wines cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.), and Breathless Wines will transfer the business and issue commissions to the business entity. In the case of a business transfer via testamentary instrument, the beneficiary of the business must provide Breathless Wines with certified letters testamentary and written instructions of the trustee of the estate, or an order of the court, that provides direction on the proper disposition of the business. The beneficiary must also execute and submit to the Company a Breathless Wines Ambassador Agreement within 30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be cancelled.
- Business Distribution Upon Divorce. Breathless Wines is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. Breathless Wines will recognize as the owner of the business the former spouse to who is awarded the business pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the Breathless Wines business must also execute and submit a Breathless Wines Ambassador Agreement within 30 days from the date on which the divorce becomes final or the business will be cancelled.
- Dissolution of a Business Entity. Breathless Wines is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in the event that a business entity that operates a Breathless Wines business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The Breathless Wines business must be awarded to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. If the business entity wishes to sell or transfer its Breathless Wines business, it must do so pursuant to policy 42. In addition, the recipient of the Breathless Wines business must also execute and submit a Breathless Wines Ambassador Agreement to the Company within 30 days from the date of the dissolution of the business entity or the Breathless Wines business will be cancelled.
- Inducing Ambassadors to Violate the Agreement. Ambassadors shall not directly or indirectly induce, encourage, or assist another Ambassador to violate the Agreement.
- Reporting Errors. If an Ambassador believes that Breathless Wines has made an error in his/her compensation, the structure or organization of his/her genealogy, or any other error that impacts the Ambassador’s income, he/she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While Breathless Wines shall use its best efforts to correct errors reported more than 60 days after the date of the error, Breathless Wines shall not be responsible to make changes or remunerate Ambassadors for losses for mistakes that are reported more than 60 days after the mistake occurs.
- International Activities. Ambassadors may not sell Breathless Wines products or conduct business activities of any nature in any foreign country that the Company has not announced is officially open for business.
- Severance. If any policy is determined to be unenforceable, only the unenforceable policy shall be severed from the Agreement and all remaining policies shall remain in effect.