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Terms & Conditions |
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The Application & Agreement,
Policies & Procedures and Compensation Plan are specifically incorporated herein
by reference. They, along with these Terms & Conditions, form the Agreement
between:
Legtricity
("Company") and the Independent Sales Representative. They shall
be effective only upon acceptance by the Company, at its principal office:
Legtricity
1723 SE 47th Terrace Cape Coral, FL 33904
Independent Sales
Representative AGREES:
1. Independent Sales
Representative is of legal age in the state or country in which he/she resides.
2. This position does not
constitute the sale of a franchise and no fee, charge or required purchase for
participation as an Independent Sales Representative has been required of me for
participation as an Independent Sales Representative. I do acknowledge,
understand and accept that should I choose not
to purchase the optional non-commissionable ISR sales kit place a nominal
refundable deposit of $15.00 with the company.
3. Any Independent Sales
Representative who sponsors another Independent Sales Representative or collects
a Bonus on the product sales of another Independent Sales Representative must
fulfill the obligation of performing a bona fide supervisory, distributing and
selling function in the sale or delivery of product to the ultimate consumer and
in the training of those sponsored. Independent Sales Representative must have
ongoing contact, communication and arrangement with his or her sales
organization. Examples may include, but not limited to: email, newsletters,
correspondence, meetings, telephone contact, accompanying individuals to company
training sessions and sharing genealogy information with those sponsored.
Independent Sales Representative should be able to provide evidence to the
Company quarterly of ongoing fulfillment of sponsor responsibilities.
4. Independent Sales
Representative understands that he/she is not compensated for sponsoring other
Independent Sales Representatives but earns compensation solely on sale of
products and/or services to the ultimate consumer.
5. Applicant is, upon
acceptance, an "Independent Contractor", called Independent Sales
Representative, conducting business for her/his own account and not as an agent,
employee, or franchisee for the Company. As such, Independent Sales
Representative in the US must provide his/her Social Security or Federal Tax ID
Number for tax reporting purposes on any monies earned within the country. All
Independent Sales Representatives should consult their attorney or tax
consultant for information on monies earned and where received. The Independent
Sales Representative further understands that s/he will not be treated as an
employee in regard to any laws covering employees. An Independent Contractor
shall be responsible for obtaining any licenses required by law in whatever
State, County or Country in which they reside, and pay all applicable fees and
taxes.
6. Independent Sales
Representative agrees to accept sole responsibility for all self-employment and
all legal country/federal and state and local income and sales taxes and any
other taxes on income earned as an Independent Sales Representative. The
Company will file forms on each Independent Sales Representative at the close of
the calendar year for the amount of commissions and bonuses earned in their
country of residence under this agreement.
7. Independent Sales
Representative agrees that the Company will not be liable whatsoever for city,
county, state, local and country/federal taxes or other fees pertaining to
efforts and earnings of an Independent Sales Representative and Independent
Sales Representative will hold the company harmless from all of same.
8. Independent Sales
Representative SHALL NOT promote or sell other companies’ products or Company
functions, or on websites where Company is mentioned or use the Company forms or
printed materials or its name and prestige, or drawing power in conjunction with
or in support of any other activities.
9. Independent Sales
Representative shall not sponsor or attempt to sponsor another Company
Independent Sales Representative into another Direct Sales and/or Network
Marketing Company except for her/his personally sponsored Independent Sales
Representatives. In addition, no Independent Sales Representative shall
participate in any action that causes an Independent Sales Representative to be
sponsored through someone else into another company.
10. Independent Sales
Representative will make no claims as to income potential either written or oral
except those prepared by the company for illustration purposes only.
11. Independent Sales
Representative will not make any claims of any kind pertaining to benefits of
the company’s products and services except those given in official company
promotional media. When presenting the Company program to others, Independent
Sales Representative shall present the program in its entirety, without
omission, distortion or misrepresentation.
12. Independent Sales
Representative shall not represent or imply, directly or indirectly, that the
company has been approved or endorsed by any governmental agency. Federal and
State regulatory agencies do not approve or endorse any marketing company
product or programs.
13. Independent Sales
Representative will indemnify and hold the company harmless from any and all
claims, expenses, costs, causes of action and damages resulting from or growing
out of Independent Sales Representative statements or actions in violation of
this agreement.
14. Should Independent Sales
Representative be terminated for cause, Independent Sales Representative's sales
organization shall be transferred to his/her first active upline Independent
Sales Representative.
15. I understand that at least
70% of all personal purchases must be resold to customers that are not
Independent Sales Representatives of Company and that I will not purchase
products solely for qualification for a higher position, bonus or commissions.
16. All product(s) in
resalable condition purchased within 90 days prior to termination may be
returned (shipping prepaid). Company will repurchase such products at 90% of
original price less any bonus or commissions paid. All current sales aids
and Business Kit in resalable condition purchased within 90 days prior to
terminating may be returned (shipping prepaid). Company will purchase such
materials at 90% of original price. Any laws in any jurisdiction inconsistent
herewith are adopted herein and will be followed.
17. The terminated Independent
Sales Representative will be eligible to reapply and may choose a new sponsor
after six (6) months. A terminated Independent Sales Representative that
reenters the program may not sponsor any of her/his original downline
organization.
18. Independent Sales
Representative understands that company does not permit changing of sponsors.
Network Marketing is a business of creating relationships. Once an Independent
Sales Representative is sponsored, the Company believes in maximum protection of
that relationship.
19. Independent Sales
Representative hereby supplies Legtricity with his/her signature for Company
files and understands that this signature is the signature of record for all
debit card, ACH and any future credit card transactions.
____________________________________
Independent Sales Representative Signature
20. Independent Sales
Representative understands that he/she is paid monthly.
21. Independent Sales
Representative without a sales tax ID number authorizes Company to remit to
proper agencies the sales/use tax generated as a result of Independent Sales
Representative's product sales.
22. Independent Sales
Representative understands Company will provide Independent Sales Representative
a replicated Web Page, when available as part of Business Kit. Company will
deliver all Business Kit items upon receipt of good funds.
23. As an Independent
Contractor, Independent Sales Representative is aware of the quality of products
offered by the Company and other costs and contractual obligations that occur
when she/he purchases products from Company. Independent Sales Representative
understands that he/she maintains a greater responsibility when ordering on a
credit card account as an informed Independent Sales Representative than when
ordering as a customer. Independent Sales Representative therefore waives the
right of cancellation or refund on any order placed on his/her credit card
account(s) except through Company. Any order returns, refunds or exchanges
shall be done through Company and not through any credit card company.
24. In the event that any
check (monies) by any method is returned unpaid, I authorize Legtricity to
debit my account for the face amount plus up to a $75 processing fee. If said
amount remains unpaid, I understand that I could lose my current status and that
until my account is brought current I could forfeit certain rights and
privileges, including commissions.
25. Independent Sales
Representative understands that USA residents in the States of Maine, North
Dakota, Michigan, Indiana, Iowa and West Virginia are limited to a total of
$495.00 in sales aids and wholesale product purchases from the Company during
the first six months. Purchases shall be automatically modified to comply with
the exemption requirements set forth in any country/states laws regulating
business opportunities.
LEGTRICITY AGREES:
1. Company will
pay Independent Sales Representative commissions and bonuses on orders received
and accepted for sale of products to the ultimate consumer (not sales aids) made
by Independent Sales Representative and his/her sales organization under the
terms of Compensation Plan.
2. Company will retain full
authority to accept or reject any Application or any order for products. Such
refusal is solely within the discretion of the Company. No right of action
against Company will arise because of any such acceptance or refusal.
3. Company reserves the right
to amend, revise, institute, alter or modify changes including but not limited
to prices, literature, policies, this Agreement, Policies and Procedures, and
the Compensation Plan. Any such revisions become effective and binding upon
submission, posting and updating to the company website. Independent Sales
Representative agrees to be bound by these changes.
4. Legtricity provides the
following fulfillment to its Independent Sales Representative: A New Independent
Sales Representative packet of sales literature by Internet site whether or not
the optional starter kit is purchased; shipment of ordered sales aids and
products within ten (10) days of receipt of order and cleared funds, subject to
availability of items ordered; calculation and payment of Independent Sales
Representative commissions. Legtricity may require an annual renewal fee.
5. Company shall not be
responsible for acts beyond its control, including but, not limited to: fire,
flood, earthquake, storms, power outages, labor difficulty, equipment failure,
supplier problems, or other difficulties that might prevent performance
according to this agreement.
6. Company assumes no
liability for personal injury arising from use or mishandling of any of the
Company product(s).
7. Company does not require
Independent Sales Representative to sponsor and does not require any fee, charge
or product purchase to be an Independent Sales Representative.
The company does require that those who choose not to purchase the optional
non-commissionable ISR sales kit place a nominal refundable deposit of $15.00
with the company.
8. Company reserves the right
to terminate this agreement immediately upon receipt of sufficient information
that Independent Sales Representative has violated any term or condition of this
agreement or has otherwise acted illegally or unethically.
9. Company will honor refund
policies provided by any governmental law applicable to Independent Sales
Representative.
10. Company requests that
all Independent Sales Representative obey the letter and the spirit of the law.
Copyright © 2012 - 2013, Legtricity.
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