1. The terms and provisions of Timco's Policies are incorporated herein by reference and will govern the terms of my Timco Dealership. I understand that Timco reserves the right to change or modify the Policies from time to time, and I will accept and comply with these changes upon notice posted.

2. I am an independent Dealer and as such am responsible for setting my hours of work and determining how and where I will engage in own business . I will provide my own tools and will assume responsibility for reporting and paying all employment taxes relating to my earnings. I understand and acknowledge that am not an employee, agent or legal representative of Timco and agree not to represent myself as such to other parties. I understand that I am responsible for the payment of all taxes under requirements of federal, state, county, city and regulatory taxing agencies.

3. I agree that in order to be eligible to receive bonuses and commissions, I will resale at least 70% of all products or services that I purchase from Timco. All products purchased will be for resale to or use by an end consumer, and as a condition to receive commissions, I will not purchase any products or services solely for the purpose of qualifying for overrides, commissions or bonuses.
I recognize that I receive commissions and bonuses only on the sale of Timco products and services and not on the recruitment of sales representatives or new Dealers. When I recruit new Dealers, I will not represent that any amount or level of income is guaranteed, assured or attainable. I will not make false or misleading statements about Timco Dealer programs or Timco products.

4. To reduce the potential damage to customers computers, I agree to let the customer install his own software, web pages, or any other electronic documents (software). I understand that as an independent contractor I am responsible for any and all damages arising out of the services I render and actions I take, including damages which occur to a customer's computer as a direct result of my installing software on the customer's machine.

5. I will not use the names, trade names, logos, copyrighted material, trademarks or service marks of Timco, or any other entity or customer of Timco, except in materials provided by Timco or approved in writing by Timco prior to their use by me. I understand that unauthorized use or duplication of trademarks or copyrighted materials is a violation of federal law.

I understand and agree that any picture, logo, artwork, graphic created or modified by or for Dealer or its organization becomes property of Timco. Any picture, logo, artwork, graphic displayed in Timco's (or affiliates) websites becomes property of Timco.

6. I agree to indemnify and hold Timco (and its affiliates) harmless from all fines, suits, proceedings, claims, demands or actions of any kind or nature, from anyone, arising out of or otherwise connected with my Dealer operation. I agrees that I will not divulge any business information, weather written or oral, received from Timco or its authorized representatives.

7. Timco provides to its Dealers the following: 1) Access to Timco's website with sales literature whether or not other other optional sales aids are purchased; 2) calculation and payment of Dealers commission and Sponsor bonus program if any. Commissions are payable to Dealers according to the Compensation Plan which is incorporated herein by reference.

9. I am responsible for supervising and supporting Dealers and non Dealers I sponsor into the program and in my commissionable network. I agree to maintain monthly communication and support to those Dealers and non Dealers in my commissionable network by way of any of the following, or combination thereof. Personal contact, phone communication, written communication and attendance at meetings.

10. Dealers in the same household or business entity should have the same sponsor. Change of original sponsor is not permitted. Dealer shall not solicit Timco Dealers or customers to other network marketing organizations while a Dealer with Timco. Territory Restrictions: There are no exclusive territories granted to anyone. No franchise fees are required.

11. I agree as Timco Dealer not to engage as an owner, partner, director, officer or other capacity in the business of sale, develop or design or promote in any way electronic web pages to be use in the Internet or any other business competing directly or indirectly with Timco products. In the event of termination as specified in the Timco Policies, as Timco Dealer I will not compete in the business as stated above for the period of 18 months from date of termination.

12. This agreement is governed by the laws of the state of Texas. The parties agree to submit any dispute to binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, with arbitration to occur in Alice, Jim Wells, Texas or other location at Timco's option. The arbitrator may award compensatory damages and injunctive relief, and shall award reasonable attorney's fees and costs to the prevailing party, but may not award punitive or exemplary damages. The decision of the arbitrator shall be entitled to enforcement by any court of competent jurisdiction. This provision shall not prohibit Timco from obtaining injunctive relief in any court of competent jurisdiction. Any proceeding that I bring will involve only Timco and myself, and no event shall any arbitration or litigation hereunder be on a class-wide basis.

13. This agreement and the Policies included herein by reference represent the entire understanding of the parties hereto. This agreement shall control in the event of any inconsistency with the Policies. No other representations, guarantees, promises or covenants of any kind shall be valid or binding unless in writing. I am aware that the success of my Dealership will be largely dependent upon my personal efforts, energy, and business acumen, and represent that Timco has not made any representation, express or implied, as to the potential sales, expenses, commissions, profits or success my Dealership may achieve.

14. This agreement shall become effective only upon acceptance by Timco at its corporate office presently located at 427 South Reynolds St., Alice, Texas 78332. I understand that I have three (3) business days from the date hereof to rescind this agreement by submitting to Timco a written cancellation notice and requesting a refund of my deposit and set up fee.

I agree to hold confidential property information or trade secrets ("Information") in trust and confidence and it is further agree that the nature of this program is confidential and that all matters in connection therewith must  not be available to anyone outside of the Applicant and Timco.