Indemnification of Wellness Advocates
Subject to the limitations set forth in this provision, dōTERRA shall defend Wellness Advocates from claims made by third-party customers alleging injury from use of a product, or injury due to a defective product. Wellness Advocates must promptly notify dōTERRA in writing of any such claim, no later than ten (10) days from the date of the third party claimant’s letter or other notification alleging injury. Failure to so notify dōTERRA shall alleviate any obligation of dōTERRA respecting such claim. Wellness Advocates must allow dōTERRA to assume the sole and absolute discretion respecting the defense of the claim, and use and choice of counsel as a condition to dōTERRA’s obligation to defend them.
dōTERRA shall have no obligation to indemnify a Wellness Advocate if:
a. the Wellness Advocate has not complied with the Agreement respecting obligations and limitations covering the distribution and/or sale of the products; or
b. the Wellness Advocate has repackaged, altered, or misused the product; or made claims or given instructions or recommendations respecting the use, safety, efficacy, benefits or results, which do not comply with the approved literature of dōTERRA; or,
c. the Wellness Advocate settles or attempts to settle a claim without dōTERRA’s written approval.