Terms of Service | Apex protein Snacks

OVERVIEW
This website is operated by Apex Protein Snacks LLC. Throughout the site, the terms “we”, “us” and “our” refer to Apex Protein Snacks LLC. Apex Protein Snacks LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Apex Protein Snacks LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Apex Protein Snacks LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@apexproteinsnacks.com.
Our contact information is posted below:
Apex Protein Snacks LLC
support@apexproteinsnacks.com
103 Industrial Pkwy Gallatin MO 64640

 

APEX PROTEIN SNACKS AFFILIATE CONTRACT TERMS AND CONDITIONS

 

Apex Protein Snacks LLC Trailblazer Application, Terms and Conditions

 

It is ABSOLUTELY VITAL that every Trailblazer adhere to the HIGHEST POSSIBLE STANDARDS of Ethical & Legal Conduct during this promotion.

 

Tracking is Cookie and lifetime customer association based - first active cookie gets credit for the sale unless a lifetime association is already in place. Meaning that any customer that makes a purchase using your link or code will be associated to you as a customer, so long as that customer is not associated to The Company or another Trailblazer from a prior purchase.

 

The Federal Trade Commission has recently more clearly defined best practices for affiliate marketers, and it is our position that all Trailblazers of Apex Protein Snacks must use these guidelines and regulations as Standard Operating Procedure during their endorsement or promotion.

 

Step 1 - Download and Review the FTC Document for Endorsement Guidelines: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf

 

Step 2 - In addition to the FTC Guidelines, please observe the following Best Practices: When you promote, make sure you:

 

** Disclose your affiliation with Apex Protein Snacks when promoting the products and/or company on your website, social media, or in video format.

 

** Include your relevant Privacy Policies on sites that you are promoting Apex Protein Snacks with.

 

** Include your Terms of Service on sites that you are promoting Apex Protein Snacks with.

 

** Include your Forward Looking Earnings Statements on sites that you are promoting Apex Protein Snacks with.

 

** DO NOT SPAM (Do NOT send JUNK or UNQUALIFIED TRAFFIC to this offer)

 

** Don't TWITTER SPAM or Social Media Spam

 

** Don't misrepresent yourself as a "typical result" or as a "typical customer" when you promote products

 

** Be transparent and authentic – We'll treat your customers with MASSIVE RESPECT!

 

 

 

Terms & Conditions:

 

Apex Protein Snacks (hereinafter referred to as “The Company”) Trailblazer Agreement

 

This Agreement contains the complete terms and conditions that apply to your participation as a Trailblazer in the Trailblazer Program of The Company, and the establishment of links from your Trailblazer website to our website https://apexproteinsnacks.com

 

Definitions

 

Customer: The user sent to The Company site via Trailblazer link

Trailblazer / You: The publisher advertising links/promotions of The Company

 

1. Enrollment in the Trailblazer Program

 

First, you need to submit a complete Trailblazer Program Application. We will evaluate your application and will notify you of your acceptance or rejection in 1 to 3 business days. We may reject your application if we determine (at our sole discretion) that your site or social media is unsuitable for the Trailblazer Program for any reason. If we reject your application, you are welcome to reapply to the Trailblazer Program at any time.

 

1. Prohibited Social Media/Sites/Verbiage

 

Sites that promote sexually explicit material or violence.

Sites that promote discrimination based on race, sex, religion, national origin, or physical disability.

Sites that promote illegal activities.

Sites or verbiage making medical claims in regards to our products/services (ie. the curing or recession of an ailment)

 

 

1. Spam

 

Trailblazer agrees to not utilize SPAM in promoting The Company. This action will result in the immediate termination of Trailblazer account with a cancellation of any pending commissions. Trailblazer will also be in violation of The Company’s Trailblazer Agreement and subject to legal action and be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website as a result of Trailblazers spamming will be billed to Trailblazer at 500 U.S. dollars per hour until service is restored. For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about The Company, who has not specifically requested the information directly from Trailblazer. The ONLY exceptions to this are:

 

Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Trailblazer 's behalf. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Trailblazer resulting in suspension or termination.

 

You may include information on The Company in email Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement.

 

The Company also considers ANY type of advertisement about The Company posted to a Newsgroup or Chat Room not run by the Legionnaire to be spam.

 

1. Promotion of Our Trailblazer Relationship

 

As a Trailblazer, we will make available to you Links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link") and banners or other content, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site or social media as you desire. The Links will serve to identify you as a member of our Trailblazer Network and will establish a link from your site or social media to ours. Company may repost, share or advertise content, for the purpose of promoting the company, Trailblazer Program, or Trailblazer, without prior consent or financial compensation, that is posted by the Legionnaire to their own social media or website, whether that content was originally supplied by Apex Protein Snacks or the Trailblazer themselves.

 

Links:

 

Subject to the terms of clause © below, we will provide you with Links, which will consist of a graphic images or text provided by us (and subject to change from time to time in our sole discretion). These Links will connect your site directly to ours. By utilizing these Links, users of your site will be able to order, directly from us, any product(s) that were described or referenced on your site.

 

Agreements Regarding Links:

 

In utilizing Links, you also agree that you will display on your site only those graphic images (indicating a Link) that are provided by us, or that are created in good taste by the Trailblazer. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or functionality of our site.

 

 

1. Our Responsibilities

 

We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Trailblazers regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

 

1. Other Responsibilities and Opportunities of Trailblazer Sites

 

If you qualify and agree to participate as a Trailblazer Site, you shall display Links prominently throughout your site as you see fit and with our consent.

 

Contests and Promotions:

 

As a Trailblazer, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth.

Only offers and promotional tools provided explicitly by The Company for use on a Trailblazer site are valid.

The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement.

 

Compliance with the Agreement:

 

We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

We will monitor for FTC compliance to ensure disclosures are adequately added. Please ensure compliance by following the guidelines set by the FTC.

 

1. Reports of Sales

 

You will be given a user name and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.

 

1. Your Responsibilities

 

You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations. For additional information on expectations around FTC disclosure please visit the FTC website.

 

1. Policies and Pricing

 

Customers who buy The Company’s products through the Trailblazer Program will be deemed to be customers of The Company. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Trailblazer Program in accordance with our own pricing policies. Our prices and product availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.

 

1. Publicity

 

You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.

 

 

1. Licenses and Use of the The Company’s logos and Trademarks

 

WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE TRAILBLAZER PROGRAM.

 

You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company’s Trailblazer Program Manager, which shall not be unreasonably withheld. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.

 

1. Lifetime Association

Any customer that makes a purchase through your Trailblazer site will be associated to you as a customer, so long as that customer is not associated to The Company or another Trailblazer from a prior purchase. If a Trailblazer is inactive in the Program for a period of 90 days, with no sales to new customers, The Company reserves the right to remove the customer lifetime association of all Trailblazer customers and place that association directly with The Company or another Trailblazer. If a customer that is lifetime associated to a Trailblazer becomes inactive, meaning they do not continue to purchase product, the Company reserves the right to remove the customer lifetime association and place that association directly with The Company or another Trailblazer.

 

 

1. Promotion or sale of Apex Protein Snacks products through Google Shopping, Amazon, Ebay, or other Product Listing Ads or Sites (owned or not owned by you), are not allowed unless express written permission is provided by Apex Protein Snacks.

 

CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT

 

The Company proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Trailblazer. Confidential Information shall include all data, materials, products, production methods, proprietary vendors, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, training materials and other information disclosed or submitted, orally, in writing, or by any other media, to Trailblazer by The Company. All Information disclosed orally shall be considered Confidential Information, unless identified as non-confidential by The Company at the time of disclosure. Nothing herein shall require The Company to disclose any of its information.

 

Trailblazer agrees that any Confidential Information disclosed by The Company will not be shared with others in person, by email, or through social media. Legionnaire agrees that Information sent to Legionnaire from The Company will not be photographed, recorded or reproduced in any way on social media. This includes but is not limited to Legionnaire training material, e-mail correspondence, written correspondence.

 

Trailblazer agrees that the Confidential Information is to be considered confidential and proprietary to The Company and Legionnaire shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of its business with Company, and shall disclose it only to its officers, directors, or Trailblazer with a specific need to know and only disclosed as instructed by The Company. Trailblazer will not disclose, publish or otherwise reveal any of the Confidential Information received from The Company to any other party whatsoever except with the specific prior written authorization of The Company. Trailblazer shall not duplicate confidential Information furnished in tangible and nontangible form except for purposes of this Agreement. Upon the request of The Company, Trailblazer e shall return all Confidential Information received in written or tangible form, within fifteen (15) days of such request.  If the Trailblazer discloses, publish, or otherwise reveal any information, media, or idea, the Trailblazer agrees to pay $5,000 US dollars to Company as and for liquidated, estimated and stipulated damages, to be paid within thirty (30) calendar days. At Trailblazer 's option, Trailblazer may destroy any documents or other media developed by the Trailblazer containing Confidential Information. Trailblazer shall provide a written certificate to The Company regarding destruction within ten (10) days thereafter.

 

The obligations of Trailblazer herein shall be effective indefinitely from the date that the Trailblazer Agreement between The Company and Trailblazer terminates. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against Legionnaire, nor by the rejection of any agreement between The Company and Trailblazer, by a trustee of Trailblazer in bankruptcy, or by the Trailblazer as a debtor in possession or the equivalent of any of the foregoing under local or federal law.

 

This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Missouri; in the event of any conflict, the law of Missouri will govern. Legionnaire consents to the jurisdiction of the Circuit Court for Jackson County Missouri and the U.S. District Court for the Western District of Missouri for any dispute arising out of this Agreement. Trailblazer agrees that in the event of any breach or threatened breach by Trailblazer, The Company may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect The Company against any such breach or threatened breach and reimbursement of The Company's attorneys' fees and costs.

 

Trailblazer may not at any point disclose any sales, financial figures, cost or profit with anyone within The Company or outside of it without written consent of The Company. This is included but not limited to sales figures, sales tracking methods, customer counts, company growth, incentive programs, sales contests or events. Disclosing such information to another Trailblazer or an external party will be considered a material breach of this Agreement and subject the Legionnaire to damages, injunctive relief and reimbursement of The Company's attorneys' fees and costs.

 

SALES REPRESENTATIVE AGREEMENT

 

The Company is in the business of formulating, manufacturing, marketing, and selling of meat snacks and nutritional food products and branded apparel and accessories. Trailblazer is in the business of marketing and promoting products of The Company. The Company and Trailblazer desire to enter into a business relationship subject to the terms and conditions set forth below.

 

The Company engages Trailblazer, and Trailblazer agrees to be engaged, to The Company. The term of this Agreement shall commence on the date herein above and shall continue through its termination. Either party may terminate this Agreement without cause. Trailblazer agrees to provide thirty (30) days’ advance written notice of termination. The Company may terminate this Agreement without advance notice. Trailblazer acknowledges that he/she is an independent contractor and that no employer-employee relationship, join venture, partnership or agency relationship is created by this Agreement.

 

Non-Compete:

 

Trailblazer agrees not to directly or indirectly compete with the businesses of The Company and its subsidiaries and affiliates, to include, but not limited to Apex Protein Snacks L.L.C., or any other business owned or partially owned by Steven McBee, during the term of this agreement for a period of two (2) years following termination of this Agreement within the Territory and not withstanding the cause or reason for the termination of this agreement.

 

The term “non-compete” as used herein shall mean that the Legionnaire shall not own, manage, operate, consult with, officially represent, or be employed by or in a business substantially similar to or competitive in any way with the business of The Company, its subsidiaries, affiliates, or such business activity in which the Company may substantially engage during the term of this agreement and for a period two (2) years following this agreement.

 

Non-Solicitation of Customers:

Trailblazer agrees not to solicit or attempt to solicit, directly or indirectly, for any purpose that is not in the interest of The Company, any customers of The Company with which Trailblazer had any contact during the term of this Agreement, whether or not the customer is located within the Territory, during the term of this Agreement and for a period of two (2) years following termination of this Agreement, and notwithstanding the cause or reason for the termination of this Agreement. Trailblazer agrees that The Company has good will among its customers. Trailblazer agrees that the temporal restrictions of this provision are reasonable.

This Agreement is binding upon, and in-turn, to the benefit of the parties, their successors, subsidiaries, affiliates, and personal representatives.

I acknowledge that I have read and fully agree to the terms of this Trailblazer Agreement.