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Terms and Conditions
I am of legal age in the state in which I enter this Agreement. I understand that I am not a Representative until the Company has accepted an original Agreement, signed in full, at its home office.
I am entitled to cancel this Agreement at any time and for any reason with written notice to the Company. The Company will buy back from a resigning Representative unused and currently marketable sales aids purchased from the Company within 30 from the date of receipt of merchandise first ordered (90 days in Maryland and Puerto Rico; one year in Idaho, Montana, Oklahoma and Texas, no time limit in Massachusetts, Georgia, Louisiana, and Wyoming) at 90% of the Representative’s net cost, less appropriate setoffs and legal claims.
I understand that Representatives cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.
I understand that, as a Representative, I will not, for any reason, act as spokesperson for the Company and its services, in any manner, to any media or publication, without prior, written authorization. I will not create, print, publish, or distribute any literature or materials representing the Company or its services other than those from, or approved in writing by, the Company.
I understand that, as a Representative, I have the following rights: (a) to sell the services offered by the Company in agreement with the Company Compensation Plan, and (b) to sponsor other Representatives.
I understand that I will make no claims or warranties of any kind, including, but not limited to, any claims for earnings or benefits concerning its services, other than those included in the Company’s written literature. I am not permitted to create my own literature, sales aids, or training materials, without written consent from the Company.
As a Representative, I understand that I am an independent contractor, and not an agent, employee, or franchisee of the Company. I understand and agree that I will not be treated as an employee for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts, or State Workers Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement. The Company will issue 1099s as required by law. The Company chooses under its right of contract to not enter into a Representative relationship with any person who choose to not provide a taxpayer ID number.
I understand that my acceptance of this Agreement does not constitute the sale of a franchise or a security, no exclusive territories can be granted to anyone, and that no franchise fees have been paid, nor can I acquire any interest in a security by the acceptance of this Agreement.
The Company may, at its discretion, amend the Company Compensation Plan and terms of the Representative Agreement. Notification of such changes shall be published in newsletters, broadcast by Email, written or published material circulated or made available to all Representatives. I agree to abide by all such amendments. The continuation of my Business, and/or my acceptance of services, commissions, and bonus checks, or other payments from the Company, constitutes my acceptance of any and all amendments. The Company will not be responsible for omissions, errors, or problems with commissions, bonuses, business reports, orders or charges after a 45 day time period. Notify the Company immediately of any suspected discrepancy, in a timely manner.
My Representative position cannot be sold, assigned, or transferred without prior, written approval from the Company. A Representative position can be willed to heirs. Documentation will be in accordance with the county, state, or province in which the Representative lived at time of death. The "title" to the business shall be free of all claims and disputes before transfer to the inheritor. The inheritor will sign a new Representative agreement and agree to abide by its terms.
An individual may have a financial interest in only one Representative position. The use of corporate form, trust, or partnership in an attempt to circumvent this rule will not be tolerated. Spouses desiring their individual Representative positions must have the same sponsor, to avoid even the appearance of stacking, and to protect the integrity of the lines of sponsorship.
Representatives may be active in other network marketing ventures, but are prohibited from soliciting Customers or Representatives from the Company to other network marketing ventures. This act of recruiting is reason for termination, or suspension of commission payments. The use of name lists to include addresses and phone numbers is also considered a violation of this policy. It is also a violation of federal privacy act laws.
A Representative violating any of the terms and conditions of this agreement, or engages in illegal or unethical conduct in business, may be terminated at the Company's discretion.
I have carefully reviewed the Company Compensation Plan and acknowledge that it is incorporated as a part of this Agreement in their present form and as modified from time to time by the Company. My violation of any of the terms of this Agreement may result, at the Company’s discretion, in forfeiture of commission and bonus checks, or other payments from the Company; loss of all or part of my marketing organization; or cancellation of this Agreement.
This Agreement constitutes the entire agreement between the parties, and no other promises, representations, guarantees, or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.
The term of this Agreement is one year. This Agreement will automatically renew
annually on each anniversary date of the acceptance of this Agreement, unless
otherwise canceled or extended by the Company.
This Agreement shall be governed by the laws of the State of Michigan, and any claims or disputes between parties to this Agreement shall be subject to binding arbitration under the Commercial Rules of the American Arbitration Association, with arbitration to be held in Saginaw, Michigan. Louisiana residents may choose jurisdiction in, and arbitrate in New Orleans, Louisiana.
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