1. I certify that I am at least 18 years old and acknowledge that this Application and Agreement becomes effective immediately upon receipt of my Business Associate ID number.
2. Upon acceptance of this Application, I understand that I will become an BA/PC of the
Company and will be eligible to participate in the selling and referring of the BA's goods and
services and receive referral commissions in connection with such sales in accordance with the
Company's Policies and Procedures, and Preferred Affiliate Compensation Plan.
3. I understand that as an BA/PC, I am an independent contractor and not an agent, employee,
or franchisee of the Company. I further understand and agree that I will not be treated as an
employee for any purposes, including federal or provincial tax and employment benefits (such
as annual leave, personal/carer's leave, long service leave and superannuation). I understand
and agree that I am responsible for all applicable federal and provincial income taxes, self-
employment taxes, sales taxes, local taxes, and/or local licence fees that may become due as a
result of my activities under this Agreement. Further, I acknowledge that I am responsible for the
hours I work, the number of completed sales of the Company's goods, and any insurance which
may apply to my activities under this Agreement.
4. I understand and agree that I will receive payment for my services as an independent
contractor in accordance with the Preferred Affiliate Preferred Affiliate Compensation Plan.
5. I understand that I am not required to make any purchase in order to become a PC, other
than the initial set up fee for the payment processing of referrals fees, these costs help cover
the cost associated with Company's administration in support of your referral business. I
understand I am not required to maintain an inventory of any kind in order to become an BA/PC.
I further understand I may terminate my membership at any time for any reason. To terminate
my membership, I must give written notice to the Company. Termination will be effective
immediately upon the Company's receipt of my written notice of termination. I understand that I
am entitled to a cooling-off period of 10 business days, during which I may cancel my
membership and terminate this Agreement for any reason and any money paid under this
Agreement during the cooling-off period will be refunded to me.
6. I hereby agree that I will not make any misleading or deceptive claims in relation to commissions and other rewards that may be derived from conducting activities as an BA/ PC or in relation to the Company's goods and services. I will emphasize that no earnings are guaranteed from participation in the Preferred Affiliate Compensation Plan. I agree that if making income claims.
7. I understand that, as an BA/PC, I am not guaranteed any income, nor am I assured of any profit or success. I understand the Preferred Affiliate Compensation Plan and that I can only earn commissions upon the retail sales of the Company's goods and services. I will be free to set my own hours, and determine the location and methods of selling, within the guidelines and requirements of this Agreement and the Company's Policies and Procedures. I agree that I am responsible for all of my own business expenses in connection with my activities as an BA/PC.
8. I further certify that neither the Company nor my referrer has made any claims of guaranteed earnings or representations of anticipated earnings that might result from my efforts as an BA/PC. I understand that my success as an BA/PC comes from retail sales, services, and the development of additional sales, bookings and new Affiliates. I understand and agree that I will make no statements, disclosures, or representations in selling the Company's goods and services or in the sponsoring of other BA/PC's other than those contained in the approved Company materials.
9. I hereby agree that I will not advertise using the Company name, trademarks or logos in any manner nor will I use any written, printed, recorded or any other material in advertising, promoting or describing the products of the Company's marketing program, which has not been copyrighted and provided or approved by the Company.
10. I hereby agree that I will not:
a) re-package, re-label or remove the Company's goods or services; or
b) sell the Company's goods or services under any other name or label.
Further, I undertake not to produce and/or use any materials not approved or provided by the Company in respect of the Company's goods and services and the Company's Preferred Affiliate Compensation Plan
11. I hereby consent and authorize the unlimited use of my name, likeness, voice, or other written comments or documentation provided to the Company or obtained by the Company from my use of the Company's products or services, provided such use is in connection with the advertisement, promotion, or training of the Company's products, marketing programs, services, or promotional literature and supplies. I hereby certify that my testimonial or endorsement of the Company's products and services and other personal participation in the Company is made of my own free will and that I have not and will not be paid any monetary sum for doing so.
12. In the event that I sponsor other BA/PC's, I agree to provide a bona fide supervisory, distributive and selling function in connection with the sale of the Company's goods and services to the ultimate consumer. I also agree to train all BA/PC's I may sponsor in the performance of these functions. I agree to have a continuing and positive communication and supervision with my sales organization. I agree that all training seminars to be held in any type of open or public meeting facility must meet all of the requirements of a Company-approved meeting as detailed in this Agreement, the Company's Policies and Procedures and other Company materials. I agree that any form of negative communications concerning the company products, services, or compensation program with other BA/ PC's is a breach of this Agreement and the Company may terminate this Agreement in accordance with clause 22.
13. I must not spam and must act in accordance with relevant laws. Spamming includes, but is not necessarily limited to:
1) Sending unsolicited e-mail messages from your account to online users;
2) Posting messages that contain your service address in news groups that are unrelated to your products or service;
3) Creating false "from sources" in an e-mail message, or newsgroup posting with your services address, thereby Our Beauty Squad Terms and Conditions of Business Associate/ Preferred Customer Enrolment Application and Agreement Our Beauty Squad Terms and Conditions of Business Associate/Preferred Customer Enrolment Application and Agreement (cont.) giving the impression that the message originated from Our Beauty Squad or its network of BA/PC; and
4) Sending unsolicited e-mail to lists of people that are not within your downline or with whom you have no prior business or personal relationship
14. I agree to abide by the terms of the BA/PC Policies and Procedures, the Company Policies and Procedures, and the Preferred Affiliate Compensation Plan. I acknowledge that, from time to time, the Company may make modifications to these documents as well as any Company literature, website and product prices. I agree to be bound by such modifications immediately upon publication of the amended materials on the Company's website or the Affiliate Back Office (available online) or providing notice to me (whichever is the earlier).
15. CREDIT CARD ACCEPTANCE AGREEMENT: If I fail to pay for products or services, the Company is authorised to withhold and set-off the appropriate amounts from my commission and bonus checks, debit or credit card/electronic checking accounts, if any, which I have authorised the Company to charge. If payment owed isn't made, I understand that I may, at the Company's discretion, lose my marketing organisation and future commissions and bonuses, and may be placed on inactive status by the Company for an indeterminate period. The Company will not be responsible for the loss of any commissions and bonuses or other payments because of delays or errors in orders, charges, receiving agreements, or other acts outside of the control of the Company.
16. I understand that federal or provincial bodies do not approve or endorse marketing programs. Therefore, I agree that I will not represent that the Company, its products, or program have been approved or endorsed by any governmental agency. Further, I agree to comply with all applicable laws relevant to my conduct as an BA/PC.
17. I understand that the acceptance of this Application does not constitute the sale of a franchise or a 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 Agreement.
18. I understand that, because of the personal nature of this Agreement, it may not be transferred or otherwise assigned without the prior written consent of the Company.
19. The term of this agreement is one year unless terminated by the Company or myself. The Company reserves the right to terminate this Agreement at any time for any reason upon providing 30 days' written notice. If I breach any term of this Agreement, the Company may terminate this Agreement upon giving me 7 days' written notice. Unless this Agreement is terminated by me during the cooling-off period (as set out in clause 5) or terminated by the Company without cause, the monthly membership fee will not be refunded to me. I understand that my right to sell the Company's products and receive bonuses in respect of my activities as an BA/PC will cease upon termination.
20. To the fullest extent permitted by law, I will indemnify and hold the Company, and each of their shareholders, officers, directors and employees harmless from and against any claim, demand, liability, loss, action, causes of action, costs, or expenses, resulting or arising from, directly or indirectly, any acts or omissions by me in respect of my activities as an BA/ PC, including without limitation, breach of representations and warranties, material breach of this Agreement and other agreements between the parties, or any other claims or causes of action.