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Enroll Terms of Agreement I hereby apply to become
an Independent Distributor (hereinafter "ID") of the Superior Topicals, Inc. for
product ICE Athletic (hereinafter "Company") Distributor Program. Return to Distributor Pricing Page:
Policies and Procedures Document: Click Here As an ID, I understand
and agree that: 1. I am of legal age in
the state in which I enter this Agreement. 2. I shall become a
Company ID upon acceptance of this application by the Company. As an ID, I shall
have the right to sell the services and products offered by the Company in
accordance with the Company’s Distributor Program and statement of policy, which
may be amended and changed from time to time.
If
Qualified, I have the right to earn commissions pursuant to the ICE Athletic
marketing and compensation plan. 3. Upon notification to
IDs, the Company, at its discretion, may amend the marketing plan, product
pricing, statement of policy, etc. at any time. 4. I have carefully
reviewed the Company’s marketing and compensation plan, rules and regulations,
and policies and procedures, and acknowledge that they are incorporated as part
of this Agreement in their present form and as modified from time to time by the
Company. 5. The term of the
Company ID Agreement is one year. Company IDs, who wish to continue their ID
positions, must apply to renew their ID Agreement annually. The Company reserves
the right to accept or reject your application for renewal and the renewal shall
be deemed accepted if it has not been rejected in writing by the Company within
30 days of receipt of the renewal fee and application. The renewal fee is for
ongoing sales and marketing materials support in both written and electronic and
online media formats, including product and service and training updates,
website development, and maintenance and hosting, and accounting and technical
support of management of your marketing sales activity, and management your
business. 6. An ID shall be
entitled to cancel participation in the marketing program at any time and for
any reason upon notice to the Company. Company may cancel this Agreement for any
reason upon 10 days advance written notice to distributor. 7. Upon acceptance of
this application by the Company, I will be an independent contractor responsible
for my own business and not an employee of the Company. I will not be treated as
an employee in regard to any laws covering employees, including but not limited
to the Federal Insurance Contributions Act, the Social Security Act, the Federal
Unemployment Tax Act, income tax withholding at source or for any federal or
state tax laws. It is my responsibility to pay self employment, state and
federal income taxes as required by law. 8. I will not use the
Company’s trade name and/or trademark except in the advertising provided to me
by the Company or in other advertising without prior written approval by the
Company. 9. The company’s program
is built upon internet sales to the ultimate consumer. The company also
recognizes that IDs may wish to purchase product or service in reasonable
amounts for their own personal or family use. It is company policy, however, to
strictly prohibit the purchase of product or large quantities of inventory in
unreasonable amounts solely for the purpose of qualifying for commissions. IDs
may not inventory load nor encourage others in the program to load up on
inventory. IDs must fulfill published personal internet sales requirements. 10. The ID acknowledges
that ID is a wholly independent marketing ID who establishes and services retail
customers for Company products as an independent contractor. The position of ID
does not constitute either a sale of a franchise or a distributorship, and
absolutely no fees (other than the applicable renewal fee and monthly data
processing fee for ID personal web-link and product program selection (A,B,C, or
D)have been or will be required from the
ID for the right to distribute the Company’s products pursuant to this
Agreement). This Agreement is not intended and shall not be construed to create
a relationship of employer employee, agency, partnership, or joint venture
between any ID, and/or the Company. As an independent
contractor, the ID shall:
A. Abide by any and
all federal, state, county and local laws, rules and regulations pertaining to
this Agreement and/or the acquisition, receipt, holding, selling, distributing
or advertising of Company products.
B. At the ID’s own
expense, make, execute or file all such reports and obtain such licenses as are
required by law or public authority with respect to this Agreement and/or the
receipt, holding, selling, distributing or advertising of Company products.
C. Be solely
responsible for declaration and payment of all local, state and federal taxes as
may accrue because of the ID’s activities in connection with this Agreement. 11. No purchase or
investment is necessary to become a Company ID other than the monthly data
processing fee and product program selection (A,B,C, or D) required for ID’s personal web-link page. 12. Prior written
approval from the Company is required for the following:
A. To advertise
Company products;
B. For there to be
more than one ID in an immediate family in one household;
C. Issuance of a
position in a Company or corporate name. 13. The Company may
immediately terminate an ID who discredits the Company’s name, violates any
requirement contained in this Agreement, Company Policy and Procedures, or
training manuals or misrepresents the Company’s products or business opportunity
by making claims contrary to the Company’s product literature and labels. 14. This Agreement
constitutes the entire Agreement between the ID and Company and no other
additional promises, representations, guaranties or Agreements of any kind shall
be valid unless in writing. 15. This Agreement shall
be governed by and construed in accordance with the laws of the state of Texas.
All claims, disputes and other matters between the parties of this Agreement
shall be brought in Bexar County Court, in San Antonio, Texas, or in the U.S.
District Court, in San Antonio, Texas. 16. I authorize Superior
Topicals, Inc. to use my name, photograph, personal story and/or likeness in
advertising or promotional materials and waive all claims for remuneration for
such use. 17. A faxed or
electronically enrolled copy of the Agreement shall be treated as an original in
all respects. Montana residents: A Montana resident may cancel his or her
Distributor Agreement within 15 days from the date of enrollment. 18. I acknowledge that I
have read and understand and agree to the terms set forth in this agreement. 19. This Agreement is not
in force until accepted by the Company. Copyright 2007-2009, Superior Topicals, Inc. All Rights Reserved Privacy Policy: Click Here |