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  • Report:  #167199

Complaint Review: Zibus - Provo Utah

Reported By:
- spokane, Washington,
Submitted:
Updated:

Zibus
81 East 2120 North Provo, 84604 Utah, U.S.A.
Phone:
801-358-8601
Web:
N/A
Tell us has your experience with this business or person been good? What's this?
After they wack your credit card for $19.95 they say someone will get back with you in 3-5 days (so they can get paid) then when you call them a week later to see why they haven't called you they remember. After 50 minutes on the phone I interupt to get to the meat and potatoes of how to be a drop shipper for them and they final tell you a min investment is 5,000. And the jackass told me he has never ordered anything without reading the terms and conditions. Well folks here they are and search for the thousand word because they don't want to have people scan for the number 5000. Oh and the little punk Corey told me people actually have offered more then the min 5k investment to become a exclusive member. Go figure. If you are going to pi** away 20 bucks at least let it be in beer =)not to the sheep loving zibus employee's

_____________________________________________

Privacy Notice:

PRIVACY NOTICE:

Your privacy is very important to us. Zibus will not sell or distribute your contact information with any outside unauthorized company. Furthermore, your email address will not be added to any mailing list.

This APPLICATION AGREEMENT (the "Agreement") is by and between Zibus, LLC (hereafter referred to as "ZIBUS"), and Applicant (hereinafter the "Recipient").

1. The Disclosing Party will share information with the Recipient regarding:

Confidential information about ZIBUS' including but not limited to company practices, strategic relationships, contracts, merchant relationships, customers, clients, dealers, marketing strategies, techniques, sales strategies, contractor agreements, etc.

WHEREAS:

2. In the course of consideration of the relationship, the Disclosing Party may disclose to the Recipient confidential, important, and/or proprietary trade secret information concerning the Disclosing Party and the Disclosing Party's activities.

THEREFORE:

3. The parties agree to enter into a confidential relationship with respect to the disclosure by the Disclosing Party to the Recipient of certain information.

Confidential Information

1. Definitions

All information or material that has or could have commercial value or other utility in the business or prospective business of the Disclosing Party. Confidential Information also includes all information of which unauthorized disclosure could be detrimental to the interests of the Disclosing Party whether or not such information is identified as Confidential Information by the Disclosing Party. By example and without limitation, Confidential Information includes, but is not limited to, the Company's Business Plan and plan of operations. For purposes of this Agreement, the term "Recipient" shall include the Recipient, the company he or she represents, and all affiliates, subsidiaries, and related companies of the Recipient. For purposes of this Agreement, the term "Representative" shall include the Recipient's directors, officers, employees, agents, and financial, legal, and other advisors.

2. Exclusions:

Confidential Information does not include information that Recipient can demonstrate:

a. Was in the Recipient's possession prior to its being furnished to the Recipient under the terms of this Agreement, provided the source of the information was not known by the Recipient to be bound by a confidentiality agreement with or other continual, legal, or fiduciary obligation of confidentiality to the Disclosing Party;

b. Is now, or hereafter becomes, through no act or failure to act on the part of the Recipient, generally known to the public;

c. Is rightfully obtained by the Recipient from a third party, without breach of any obligation the Disclosing Party.

d. Is independently developed by the Recipient without use of or reference to the Confidential Information.

e. Recipient rightfully obtains from a third party who has the right to transfer or disclose it;

3. Confidential Obligations:

The Recipient and its Representatives shall not disclose any of the Confidential Information in any manner whatsoever, except as provided in paragraphs 4 and 5 of this Agreement, and shall hold and maintain the Confidential Information in the strictest confidence. The Recipient hereby agrees to indemnify Disclosing Party against any and all losses, damages, claims, expenses, and attorneys' fees incurred or suffered by the Disclosing Party as a result of a breach of this Agreement by the Recipient or its Representatives.

4. Permitted Disclosures:

The Recipient may disclose the Disclosing Party's Confidential Information to the Recipient's responsible Representatives with a bona fide need to know such Confidential Information, but only to the extent necessary to evaluate or carry out a proposed transaction or relationship with the Disclosing Party and only if such employees are advised of the confidential nature of such Confidential Information and the terms of this Agreement and are bound by a written agreement or by a legally enforceable code of professional responsibility to protect the confidentiality of such Confidential Information.

5. Required Disclosures:

The Recipient may disclose the Disclosing Party's Confidential Information if and to the extent that such disclosure is required by court order, provided that the Recipient provides the Disclosing Party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.

6. Use:

The Recipient and its Representatives shall use the Confidential Information solely for the purpose of evaluating a possible transaction or relationship with the Disclosing Party and shall not in any way use the Confidential Information to the detriment of the Disclosing Party. Nothing in this Agreement shall be construed as granting any rights to the Recipient, by license or otherwise, to any of the Disclosing Party's Confidential Information.

7. Return of Documents:

If the Recipient does not proceed with the possible transaction with the Disclosing Party, the Recipient shall notify the Disclosing Party of that decision and shall, at that time or at any time upon the request of the Disclosing Party for any reason, return to the Disclosing Party any and all records, notes, and other written, printed or other tangible materials in its possession pertaining to the Confidential Information immediately on the written request of the Disclosing party. The returning of materials shall not relieve the Recipient from compliance with other terms and conditions of this Agreement.

8. No Additional Agreements:

Neither the holding of discussions nor the exchange of material or information shall be construed as an obligation of the Disclosing Party to enter into any other agreement with the Recipient or prohibit the Disclosing Party from providing the same or similar information to other parties and entering into agreements with other parties. Disclosing Party reserves the right, in its sole discretion, to reject any and all proposals made by the Recipient or its Representatives with regard to a transaction between the Recipient and the Disclosing Party and to terminate discussions and negotiations with the Recipient at any time. Additional agreements of the parties, if any, shall be in writing signed by the Disclosing Party and the Recipient.

9. Application Approval:

Recipient accepts the terms of this Dealer Application and explicitly understands and accepts that the nineteen dollars and ninety-nine cent application fee is non-refundable and Recipient waves any right of reimbursement of said fee regardless of whether or not the application is approved. Recipient will allow Disclosing Party no less than 30 days to approve or reject Recipient's application. Disclosing Party shall not give any guarantee as to income potential and shall not be liable for the success or failure of Recipient's marketing efforts. Disclosing Party shall accept Recipient's application and shall determine approval through an authorized Dealer Advisor. Approval shall be based on liquid capital available (Recipient must have access to no less than five thousand dollars for the dealership account to be setup), previous business experience, and Recipient must have a verifiable business name and tax ID number. If Recipient is operating under a sole proprietorship, the Recipient's name and social security number will be used for the business name and tax ID number. Recipient agrees and accepts that if their application is approved, that they will pay the applicable dealership account setup amount. Applicant understnads that all Zibus merchant relationships are subject to change and manufacturer relationships are subject to individual contracts with Zibus merchant. Applicant also understands that on occasion product manufactureres may require merchant to prohibit the reselling of certain products.

10. Irreparable Harm:

Recipient understands and acknowledges that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement may cause the Disclosing Party irreparable harm, the amount of which may be difficult to ascertain, and therefore agrees that the Disclosing Party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as the Disclosing Party is to be in addition to the remedies otherwise available to the Disclosing Party at law or in equity. The Recipient expressly waives the defense that a remedy in damages will be adequate and any requirement in an action for specific performance or injunction for the posting of a bond by the Disclosing Party.

11. Slander and Defamation:

Recipient agrees not to use misrepresent Disclosing Party nor to post any negative, slanderous, libelous, or defaming information on or in any publication including but not limited to internet blogs, forums, news sites, emails, newsletters, newspapers, or any other form of publication or media with the intent of damaging Disclosing Party's reputation and/or business operations. In the event that Recipient shall be

12. Term:

The obligations of the Recipient herein shall be effective 5 years from the date the Disclosing Party last discloses any Confidential Information to Recipient pursuant to this Agreement. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against the Recipient, nor by the rejection of any agreement between the Disclosing Party and the Recipient, by a trustee of the Recipient in bankruptcy, or by the Recipient as a debtor-in-possession or the equivalent of any of the foregoing under local law.

13. Non-Competition:

Other than with the express written consent of the Disclosing Party, which consent may be unreasonably withheld, the Recipient hereby agrees not to directly or indirectly compete with the business of the Disclosing Party, for a period of 5 years following the termination of the Agreement, be directly or indirectly involved with a business which is in direct competition with the business lines of the Disclosing Party that are the subject of this Agreement.

For a period of 5 years from the termination of this Agreement, the Recipient will not divert or attempt to divert from the Disclosing Party any business the Disclosing Party had enjoyed, solicited, or attempted to solicit, from its customers, at the time the parties entered into this agreement.

14. Governing Law and Equitable Relief:

This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Utah and the Recipient consents to the exclusive jurisdiction of the state courts and U.S. federal courts located there for any dispute arising out of this Agreement. The Recipient agrees that in the event of any breach or threatened breach by the Recipient, the Disclosing Party may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect the Disclosing Party against any such breach or threatened breach.

15. Notices:

a. In the event that the Recipient is required in a civil, criminal or regulatory proceeding to disclose any part of the Confidential Information, the Recipient will give to the Disclosing Party prompt written notice of such request so the Disclosing Party may seek an appropriate remedy or alternatively to waive the Recipient's compliance with the provisions of this Agreement in regards to the request.

b. If the Recipient loses or makes unauthorized disclosure of any of the Confidential Information, the Recipient will immediately notify the Disclosing Party and take all reasonable steps necessary to retrieve the lost or improperly disclosed Confidential Information.

c. The address for any notice to be delivered to any of the parties to this Agreement is as follows:

If to the Disclosing Party:

Zibus, LLC

3651 North 100 East, Suite 300

Provo, Utah 84604

If to the Recipient:

Applicant

16. No Implied Waiver:

Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

17. Headings:

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

IN WITNESS WHEREOF and both parties accept the terms and conditions of this agreement on this date of submittal, determined by the electronic acceptance by Recipient and automatic acceptance by Disclosing Party.

_____________________________________________

Registrant:

NuLife Financial

81 East 2120 North

Provo, Utah 84604

United States

Registered through: Cheap-DomainRegistration.com

Domain Name: ZIBUS.COM

Created on: 28-Mar-05

Expires on: 28-Mar-06

Last Updated on: 01-Sep-05

Administrative Contact:

Lee, Joshua [email protected]

NuLife Financial

81 East 2120 North

Provo, Utah 84604

United States

(801) 358-8601

Technical Contact:

Lee, Joshua [email protected]

NuLife Financial

81 East 2120 North

Provo, Utah 84604

United States

(801) 358-8601

Domain servers in listed order:

NS1.IMAGINEPRO.COM

NS2.IMAGINEPRO.COM

Registry Status: REGISTRAR-LOCK

_____________________________________________

Go here to see there too low to be true exmamples they I dragged out of the punk

http://zibus.com/examples.cfm

Spudd

spokane, Washington
U.S.A.


1 Updates & Rebuttals

Aaron

Spanish Fork,
Utah,
U.S.A.
Spud

#2UPDATE Employee

Sat, December 17, 2005

I remember when Cory spoke with Spud. Spud was yelling and swearing at Cory. So the call was transfered to me. Spud then continued to yell and swear at me and then calling himself a business man. All I told him was that he would not be accepted into Zibus. This is why he was very upset. All I can say is I am glad Spud was not brought into the Zibus program. Any way Spud I am sorry you feel this way good luck in your business ventures.

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