TOTAlinkTM
Independent Distributor Terms of
Application and Agreement
In accordance with the terms and conditions contained in this Application
and Agreement, I hereby submit my Application and Agreement to become
an Independent Distributor (hereinafter referred to as Distributor),
with TOTALlinkTM International
Group (hereinafter referred to as the Company). And hereby state and
agree as follow:
1. The Distributor is of legal age in the state/province in which he/she
resides.
2. The Distributor is wholly responsible for all the State and Federal
Income Taxes, Sales/Use Taxes, Self-Employment Tax, Unemployment Insurance
and state and local licensing where applicable, and will hold the Company
harmless regarding any liability that may occur in my failure to comply.
3. There is no product purchase necessary to become a Distributor, however,
to develop my business and knowledge I may elect to purchase literature,
products, and/or services of any kind from the Company.
4. The Distributor is an independent contractor, not an employee, agent,
joint venture, legal representative, or partner of the company, and
may not create or incur any liability and/or obligations of any kind
in the name of the Company.
5. Upon acceptance of this Application and Agreement I understand I
will become a Distributor with the Company and will be eligible to participate
in the selling and distribution of the Company's products and services,
and receive commissions in connection with such sales, in accordance
with the Company's official statement of Policies and Procedures, Distributor
Guide and Compensation Plan.
6. Distributors are paid commissions calculated on sales and paid on
the 15th of the following month calculated in funds of the country in
which he/she resides.
7. I understand that as a Distributor I am not guaranteed any income,
nor am I assured any profits or success. I understand the Compensation
Plan and that I can earn commissions only upon the sale of the Company's
products.
8. I further certify that neither the Company nor my sponsor have made
any claims of guaranteed profits or representation of anticipated profits
that might result from my efforts as a Distributor. I understand that
my success as a Distributor comes from retail sales, services, and the
development of a Distributor network. I understand and agree that I
will make no statement, disclosures or representations in selling the
Company's products or services or in the recruiting of other prospective
Distributors other than those contained in approved Company literature.
9. I may not use the Company's trade name or logo, reprint material
or produce materials or make claims, verbal or written, indicating unrealistic,
misleading or distorted estimate of income potential.
10. I shall not make claims for the Company's products other than those
found in current literature or on product labels. All statements regarding
products description, performance and/or beneficial results, must conform
to written Company policy.
11. In the event I sponsor the Distributors, I agree to perform a bona
fide supervisory, distributive and selling function in connection with
the sale of Company's products or services to the ultimate consumer.
I also agree to train my Distributor I may sponsor in the performance
of these functions. I agree to have continuing communication and supervision
with my sales organization.
12. I understand and agree that the Company may modify the Official
Statement of Policies and Procedures, Compensation Plan, Company Literature
and product prices. I further agree to be bound by such changes upon
notification through official Company literature.
13. This Application and Agreement shall take effect on the day it is
accepted by the Company at the Head Office.
14. I understand that the acceptance of this Application and Agreement
does not constitute the sale of a franchises of Distributorship, and
that there are no exclusive territories granted to anyone, and that
no franchise fees have been paid nor am I acquiring any interest in
a security by the acceptance of this Application and Agreement.
15. I understand and agree that, because of the personal nature of this
application and Agreement, it may not be transferred or otherwise assigned
without prior written consent of the Company.
16. The terms of this Application and Agreement are one (1) year. I
understand that I must apply for and renew this Application and Agreement
in January of each year. Any distributor joining TOTALlinkTM
after September 30th, is not required to pay the renewal fee in January
of the following year. The renewal fee shall cover the cost of renewal
and subscription to the Company's monthly publication. The proper renewal
process is set in the Official Statement of Policies and Procedures.
17. I understand and agree that either party to this Application and
Agreement may terminate this Application and Agreement by giving notice
to the other party in writing. This Application and Agreement is to
be governed by the laws of the Province of Ontario and parties agree
that the proper jurisdiction and venue shall be the Provincial and Federal
Courts of Ontario. This Application and Agreement shall be binding upon
the successors and assignees of both parties.
18. I hereby agree not to repackage or relabel the Company's products
nor to sell said products under any other name or label. I further agree
to refrain from producing, selling or using for the purpose of advertising,
promoting or describing the Company's products, Compensation Plan, logo
or any other programs, any written, recorded or other materials which
have not been copyrighted and provided by the Company.
19. I understand and agree that this Application and Agreement, including
the Company's Official Statement of Policies and Procedures, both incorporated
herein by this reference, constitute the entire Application and Agreement
between the parties hereto. I have read this Application and Agreement,
including the Official Statement of Policies and Procedures and acknowledge
receiving a copy of all documents referred to and agree to abide by
and be bound by the terms contained herein.
I acknowledge that I have read, understand and agree to the terms in this Application and Agreement. I acknowledge that this Application and Agreement is not in force until accepted by the Company.
APPLICATION AND AGREEMENT SIGNATURE ON FRONT
A PARTICIPANT IN THIS NETWORK MARKETING PLAN HAS A RIGHT TO CANCEL AT ANY TIME REGARDLESS OF REASON. CANCELLATION MUST BE SUBMITTED IN WRITING TO THE COMPANY AT ITS PRINCIPLE PLACE OF BUSINESS.
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