PeakSuccessTM Independent Distributor Agreement

Updated 30 October 2025
The most recent English language version of this document is the only official and legally binding version. Any translations into other languages are provided for convenience only.
  1. I understand that as a PeakSuccess Consultant:
    1. I have the right to promote the sale of PeakSuccess products and services in accordance with the Agreement. Throughout this document, when the term "Agreement" is used, it collectively refers to this PeakSuccess Independent Consultant Agreement and the PeakSuccess Policies and Procedures.
    2. I have the right to enroll persons as PeakSuccess Independent Consultants and/or as Customers; and when I do so I will comply with all applicable PeakSuccess policies.
    3. I will train, motivate, and support the Consultants in my Direct Organization and Influencer+ Direct Organization.
  2. I agree to present the PeakSuccess Rewards Plan and PeakSuccess products and services according to PeakSuccess policies and as set forth in official PeakSuccess literature. I will not engage in or perform any misleading, deceptive, or unethical practices. I further agree to abide by all relevant laws and regulations governing the sale or solicitation of the products and services marketed by PeakSuccess in my own jurisdiction or country and other countries in which I promote PeakSuccess products or opportunity, including but not limited to, obtaining and maintaining any and all permits and licenses if required, and I understand that I will be personally liable for any fines and other expenses incurred as a result of my failure to do so.
  3. I agree that, as a PeakSuccess Consultant, I am an independent contractor and not an employee, partner, legal Consultant, or franchisee of PeakSuccess. I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of PeakSuccess. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF PeakSuccess FOR TAX PURPOSES. PeakSuccess is not responsible for withholding taxes and shall not withhold or deduct from my bonuses and commissions, if any, taxes of any kind.
  4. I have carefully read (or agree to read before performing any Consultant activity) and agree to comply with this PeakSuccess Independent Consultant Agreement and the PeakSuccess Policies and Procedures. I understand that I must be in good standing, i.e., not in violation of the Agreement, to be eligible to earn commissions, bonuses, or rewards miles from PeakSuccess. I understand that the Agreement may be amended at the sole discretion of PeakSuccess, and I agree that any such amendment will apply to me. The continuation of my PeakSuccess business and/or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments. I acknowledge that all post-sale customer service support may be rendered in English by PeakSuccess or its affiliates.
  5. The term of the Agreement is one (1) year from the date of its acceptance by PeakSuccess, which is the date that I execute the Agreement electronically via the company’s Internet sign-up procedure. The Agreement shall automatically renew for successive one-year terms unless either party provides at least thirty (30) days' written notice of non-renewal before the anniversary date, or unless it is canceled or terminated pursuant to the PeakSuccess Policies and Procedures. I may terminate the Agreement for any reason, at any time, by giving PeakSuccess prior notice. PeakSuccess may terminate the Agreement pursuant to the Policies and Procedures or in the event that I breach any part of the Agreement. If either I or PeakSuccess elects to not renew the Agreement, or if it is terminated for any reason, I understand that I will permanently lose all rights as an Independent Consultant, I shall not be eligible to promote PeakSuccess products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former organization.
  6. I may not assign or transfer any rights or subcontract my duties under the Agreement without the prior written consent of PeakSuccess. Any attempt to transfer or assign the Agreement or subcontract my duties without the express written consent of PeakSuccess may result in termination of the Agreement.
  7. I understand that during any investigation by PeakSuccess of my breach of the Agreement or my conduct as a Consultant, my Consultant position status may be suspended and any payments which may otherwise be owed to me shall be held until final resolution has been achieved. I acknowledge that in the event that PeakSuccess determines that I have violated the Agreement, PeakSuccess may terminate the Agreement and deactivate my Consultant position, in which event I will not be entitled to any payments or further commissions or compensation of any kind whether or not the sales for such bonuses or commissions have been completed, or PeakSuccess may impose upon me other disciplinary actions as set forth in the Policies and Procedures. In such circumstances, PeakSuccess may unilaterally allocate my position together with any Direct or Influencer+ Organization to another Consultant.
  8. PeakSuccess, its parent or affiliated companies, directors, officers, owners, employees, assigns, and agents (collectively referred to as “Affiliates”), shall not be liable for, and I hereby release PeakSuccess and its Affiliates from, all claims for consequential, indirect and exemplary damages. I agree to indemnify PeakSuccess and its Affiliates for any liability, including attorney fees, damages, fines, penalties, or other awards arising from any conduct that I undertake in operating my business. Any exercise by PeakSuccess of its rights under this clause shall not limit or affect any other rights or remedies available to it.
  9. The Agreement constitutes the entire contract between PeakSuccess and myself. Any promises, representations, offers, and other communications not expressly set forth in the Agreement are of no force or effect.
  10. I represent and certify that by entering into this Agreement, I am not in violation any other contractual obligation that I may have with another party.
  11. Any waiver by PeakSuccess of any breach of the Agreement must be in writing and signed by an authorized officer of PeakSuccess. Waiver by PeakSuccess of any breach shall not operate as a waiver of any subsequent breach.
  12. If any provision of the Agreement is held to be invalid or unenforceable, it shall be reformed to be enforceable, and all other parts of the Agreement shall remain in full force.
  13. To the extent permitted by applicable law, you and PeakSuccess agree that each party may assert a claim or counterclaim in that party’s individual capacity only and not as a claimant, Plaintiff, or class member in any purported class, collective, consolidated, mass or Consultant proceeding whether in arbitration or through the State or Federal courts.
  14. This Agreement will be governed by the laws of the State of Utah. All disputes shall be settled by arbitration in Salt Lake City, Utah, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. Notwithstanding anything to the contrary in the AAA or JAMS rules, the arbitrator(s) shall have no authority to hear the parties’ disputes on a class, collective, consolidated, mass or Consultant basis, and accordingly the arbitrator(s) may not consolidate more than one person’s disputes and may not otherwise preside over any proceeding on a non-individual basis, except with the written consent of all parties to an arbitration proceeding.
  15. The parties consent to jurisdiction and venue in any federal or state court in Salt Lake County, Utah, for purposes of enforcing arbitration awards or other matters not subject to arbitration.
  16. Any action against PeakSuccess must be brought within one (1) year of the conduct or incident giving rise to the action. Threatening or bringing an action may result in suspension or termination of Consultant status.
  17. I authorize PeakSuccess to use my name, photo, and likeness for advertising and education without further compensation.
  18. I understand participation in PeakSuccess does NOT guarantee success or profits, and that no such promises have been made.
  19. During the term of this Agreement and for one (1) year thereafter, I will not sell or promote business opportunities, products or services, nor solicit PeakSuccess customers, affiliates or Consultants as specified in the PeakSuccess Policies and Procedures document.
  20. I authorize PeakSuccess to transfer and disclose personal information as needed for business operations and support, and to communicate with me via electronic means.