Draft for attorney review. Not in force.

eeze Founders Program Agreement

Version 1.0  ·  Effective [date]  ·  eeze Natural Health LLC, Pasadena, California

The short version

You pay once for a founders membership. In return you get product delivered monthly for years, at the same prices anyone can get on our site, held at that price for the whole term, with shipping and sales tax already covered by us, plus the founders benefits below. Nothing renews and nothing is ever charged again. Because it is prepaid and deeply discounted, it is final sale, though we always replace anything that arrives damaged. This summary is here to be helpful. The sections below are the actual agreement.

1Who this is between

This agreement is between eeze Natural Health LLC ("eeze", "we", "us") and the person who purchases a founders membership ("you"). You accept it by ticking the acceptance box at checkout. That tick, together with your payment, forms this agreement. No signature is required and none will be requested. Your acceptance is recorded with a timestamp on your order, and we will send you a copy of this agreement with your order confirmation.

Your membership date is the date your payment is received. It is the date shown on your founders record, and the version of this agreement in force on that date is the version that governs your membership.

2The two memberships

Founders Lifetime, $6,500, one payment

Limited to sixteen memberships. You receive membership benefits for as long as eeze operates, and a product entitlement of 250 Product Months as described in section 3.

Of your payment, $5,097.50 is allocated to your product entitlement, $535.24 to sales tax that we remit on your behalf, and $867.26 to your non-refundable founders membership.

Founders Annual, $365 per year

Limited to twenty-four memberships. You receive twelve monthly product selections and membership benefits for the covered year.

Of each annual payment, $244.68 is allocated to your twelve selections, $25.69 to sales tax that we remit on your behalf, and $94.63 to your non-refundable founders membership.

Founders Annual does not renew automatically. Near the end of your year we will invite you to renew at the price then in effect. If you do nothing, your membership simply ends after your twelfth shipment. If you upgrade to Founders Lifetime within twelve months of your payment and a membership is open, your full annual payment is credited toward it.

3Product Months, and the guarantee

One Product Month equals one unit of Daily-eeze. Other products draw down Product Months in proportion to their published prices relative to Daily-eeze. On the effective date of this version:

Product Published price Draws down
Daily-eeze, 30 servings $20.39 1.00 Product Month
Travel-eeze, 5 stick packs $13.59 0.67 Product Months
The guarantee. The number of Product Months you hold is fixed at 250 and cannot be reduced. If our published prices rise, the proportions above are recalculated and our internal accounting changes, but you never lose Product Months, and your price never rises. Inflation is our problem, not yours.

Product Months have no cash value, cannot be exchanged for cash, gift cards, or credit, and are not transferable except as described in section 9.

Shipments continue monthly until your Product Months are used or you have received 380 shipments, whichever comes first. If a balance remains that is smaller than the least expensive product, we may apply it to a final shipment.

4Choosing what ships

Each month you choose which eligible product ships. Eligible products are currently Daily-eeze and Travel-eeze. Around the 20th of each month we will tell you what is scheduled, and you may change it up to five days before the shipping date. If you tell us nothing, your standing default ships.

  • Lifetime members may take one to three units in any month, in any mix, at no additional charge. Two Daily-eeze and one Travel-eeze in the same month draws down 2.67 Product Months.
  • Annual members receive one unit per monthly selection. Additional units may be purchased separately at our published prices and will travel with your shipment at no extra shipping cost.
  • You may pause any month. Paused months do not draw down Product Months and do not count toward the shipment limit.

Travel-eeze is labeled for use in connection with travel and occasional needs. You choose your own products, and we may recommend alternating selections consistent with the product label.

5Prices, parity, and taxes

Your products are supplied at our published anchor price: the lowest per-unit price at which that product is genuinely available to the general public on our online store for monthly delivery, including generally available multi-pack and subscription pricing, at the time of each shipment. As of the effective date this is our 3-pack price with the monthly subscription discount applied.

Parity. Founders always pay prices equal to, and never below, prices available to any member of the public. The value of your membership comes from the price being held still for the full term, from the sales tax we cover, from the benefits in section 7, and from the guarantee in section 3, not from member-only product pricing.

All founders prices include applicable sales tax reimbursement, computed to the nearest mill, for the entire duration of your membership. No tax is added at checkout or at any shipment. We calculate and remit applicable sales and use tax on each shipment based on its destination.

6Shipping

Shipping within the United States is included at no charge, to one address. Keeping your delivery address current is your responsibility, and shipments sent to the address on file are treated as delivered. We do not currently ship founders memberships outside the United States.

7Membership benefits

All founders receive: quarterly live sessions with our founder, the quarterly Founders Letter, voting on new products, flavors, and names, first-batch access to new products, our digital wellness library, recognition on our founders wall (you may opt out), priority support, an invitation to the annual founders event, and a birthday sampler.

Lifetime members additionally receive permanent founding-member recognition dated to their membership date, an annual founders gift, and first invitation to any future eeze program.

Lifetime membership benefits continue for as long as eeze operates, including after your Product Months are fully used. Annual benefits cover the applicable year. Benefits are personal to you and cannot be transferred. We will provide the benefits substantially as described and may substitute benefits of equal or greater value.

Membership benefits never include member-only product discounts.

8Final sale

Founders memberships are prepaid and deeply discounted, and are final sale. They are not eligible for return, refund, or cancellation of unshipped deliveries, except where required by law or as set out in section 9.

Any shipment that arrives damaged or defective will be promptly replaced, or your Product Months restored, at no cost to you. Nothing in this agreement limits any warranty or remedy that cannot be waived under applicable law.

9If something changes

We reformulate or discontinue a product

If a product is reformulated, we will ship the substantially equivalent successor. If a product is discontinued, your selections apply to the remaining eligible products.

Something happens to you

If a Lifetime member dies, remaining Product Months may be transferred once to a beneficiary you have named, or to your estate, and may continue to be redeemed under this agreement. Membership benefits are personal and end. For Annual members, benefits end and the value of unshipped selections is refunded to the estate.

eeze is acquired

If we are acquired or sell substantially all of our assets, this agreement transfers to the buyer, or, at the buyer's election, you receive the value of your remaining Product Months.

We raise investment

In connection with a genuine equity financing, change of control, or similar transaction, we may repurchase and retire your remaining Product Months on thirty days written notice, for a cash payment equal to 110% of their value (remaining Product Months multiplied by the then-current Daily-eeze published price). For Annual members we may conclude the covered year with a pro-rata refund of unshipped selections.

This is not an investment. A founders membership is a prepaid product membership. You receive product and benefits, not equity, interest, or any financial return. Nothing in this agreement is an offer or sale of securities, and no founder holds any ownership interest, conversion right, or investment entitlement in eeze by virtue of this program. We make no representation that any buyout will occur, and you should not purchase a membership in the expectation of one.

eeze winds down

If we permanently cease operations, founders will receive a distribution of remaining inventory or funds up to the value of unredeemed Product Months, to the extent the law allows. You should understand that in an insolvency you would be an unsecured creditor.

10Eligibility and health

Founders memberships are available to purchasers eighteen years or older with a United States shipping address.

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Please consult your physician before beginning any long-term supplement routine, including products containing cascara sagrada, which carries labeling guidance about extended use.

11The rest

Changes to this agreement. We may publish new versions for future members. The version in force on your membership date governs your membership and will not be changed without your agreement.

Governing law. California. Disputes. [To be completed by counsel.]

Assignment. You may not assign this agreement, except as described in section 9. Severability. If any part of this agreement is unenforceable, the rest remains in force. Entire agreement. This document, together with your order, is the complete agreement between us.

Questions. Write to liz@eezenaturalhealth.com and a person will answer.

eeze Natural Health LLC, Pasadena, California. Version 1.0, effective [date].

Bracketed items are to be completed before this agreement is used. This draft has not yet been reviewed by counsel.