INDEPENDENT DISTRIBUTOR APPLICATION AND AGREEMENT
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Terms used but not defined herein shall have the meanings as described in Worldwide Cosmetics Inc.’s Definitions of Terms.
TERMS USED BUT NOT DEFINET HEREIN SHALL HAVE THE MEANINGS AS DESCRIBED IN WORLDWIDE COSMETICS INC.’S DEFINITIONS OF TERMS.
1. I am competent and of legal age to enter into binding contracts in the state in which I enter this Agreement with Worldwide Cosmetics Inc.
2. I understand that as a Distributor, I am an independent contractor, and not an agent, employee, legal representative, partner or franchisee of Worldwide Cosmetics Inc. I further 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, or any state unemployment acts, state employment security acts or state workers compensation acts or any other federal or state laws applicable to employees. I agree to pay all applicable federal and state income taxes, 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.
3. I understand that the acceptance of this Agreement by Worldwide Cosmetics Inc. does not constitute the sale of a franchise or a business opportunity under state or federal law and that there are no exclusive territories granted to anyone. I also understand that I am not acquiring any interest in a security.
4. I understand that my success as a Distributor is dependent upon my own efforts and skills. I do not anticipate receiving income as a result of the efforts of any individual or entity other than myself. Notwithstanding the foregoing, I understand that I am permitted to have my own employees who will be my sole and absolute responsibility and that said employee will be required to abide by the terms and conditions of our Agreement, otherwise this Agreement shall be immediately terminated in the discretion of the Company.
5. As a Distributor, I will be entitled to purchase products or permit others to purchase products using my account number at the regular price. If I am enrolled as a Preferred Customer, I will be entitled to purchase products at the Preferred Customer price, but others who purchase products using my account number must still pay the regular price.
6. If I fail to pay for products or services (including any and all applicable sales taxes and all shipping and handling charges) on or before the due date, Worldwide Cosmetics Inc. is authorized to withhold the appropriate amounts from my commission and bonus checks or withdraw the appropriate amounts from my credit card/electronic checking accounts, if any, which I have authorized Worldwide Cosmetics Inc. to charge.
7. Worldwide Cosmetics Inc. will not be responsible for the loss of any commissions and bonuses or other payments because of errors or delays in receiving agreements, orders, changes or other necessary information.
8. I have carefully reviewed the Worldwide Cosmetics Inc. Compensation Plan and Statement of Policies and acknowledge that they are incorporated as part of this Agreement in their present form and as modified from time to time by Worldwide Cosmetics Inc. at its sole discretion.
9. Upon notification to its Distributors in an official publication of Worldwide Cosmetics Inc. or in a written document from Worldwide Cosmetics Inc. sent to me in my product order or by some other means authorized by Worldwide Cosmetics Inc., Worldwide Cosmetics Inc. may, at its discretion, unilaterally and prospectively amend this Agreement, the Worldwide Cosmetics Inc. Compensation Plan, the Statement of Policies, the terms of the Customer Membership Agreement, and any other agreements, policies, guidelines, programs and offers with or from Worldwide Cosmetics Inc. (collectively referred to herein as the “Worldwide Cosmetics Inc. Agreements”). I agree to abide by any and all such amendments and that my only remedy for not accepting any such amendments is to immediately terminate this Agreement. The continuation of my Worldwide Cosmetics Inc. business or my acceptance of commission and/or bonus checks or other payments from Worldwide Cosmetics Inc. constitutes my acceptance of any such amendments. I agree that Worldwide Cosmetics Inc.’s interpretation of the Worldwide Cosmetics Inc. Agreements will be final and binding.
10. My violation of any of the terms of the Worldwide Cosmetics Inc. Agreements or of any law in the course of my business activities may result, at Worldwide Cosmetics Inc.’s discretion, in forfeiture of commission and bonus checks or other payments from Worldwide Cosmetics Inc. on all or part of my Marketing Organization, cancellation of this Agreement, or other corrective action as specified in the Statement of Policies. If this Agreement is cancelled or terminated at any time for any reason I understand that I will permanently lose all rights as an Independent Distributor, and I agree to waive all rights and claims to my Distributor Organization and to all commissions and bonuses.
11. The Worldwide Cosmetics Inc. Agreements, as amended from time to time by Worldwide Cosmetics Inc., constitute the entire agreement between Worldwide Cosmetics Inc. and me and no other prior or future promises, representations, guarantees or agreements of any kind will be valid unless in a writing signed by Worldwide Cosmetics Inc. or contained in an officially authorized publication of Worldwide Cosmetics Inc. In no event shall any other agreement or publication, or any notices, correspondence, course of dealing, or other communication or lack of communication by Worldwide Cosmetics Inc. be interpreted to amend, modify or waive any provision of the Worldwide Cosmetics Inc. Agreements and I agree that I may not rely on such other communications for that purpose. Nothing herein will in any way limit Worldwide Cosmetics Inc.’s ability to unilaterally amend or modify the Worldwide Cosmetics Inc.
12. To the extent any provision of the Worldwide Cosmetics Inc. Agreements is, or is found to be, invalid or unenforceable under, or in violation of, applicable law, such provision will be deemed ineffective only to the extent of such invalidity, unenforceability or violation and will not invalidate or render unenforceable any other provision of the Worldwide Cosmetics Inc. Agreements.
13. The term of this Agreement is one year. This Agreement will be automatically renewed annually on each anniversary date of the date hereof, unless otherwise cancelled. This Agreement shall not be deemed accepted by Worldwide Cosmetics Inc. until Worldwide Cosmetics Inc. has received the signed original of this Agreement, I have at least one Customer in my Distributor Organization, and I have received my first commission check. The Company may terminate this Agreement with or without cause upon fifteen (15) days written notice to the Independent contractor.
14. This Agreement shall be governed by the laws of the State of Florida.
15. If this Agreement is altered in any way it will not be deemed accepted by Worldwide Cosmetics Inc. except in its original unaltered form, regardless of passage of time or payment of commissions by Worldwide Cosmetics Inc. If this agreement is altered in any way, Worldwide Cosmetics Inc. may, in its sole discretion, deem this agreement to be void ab initio and require that I repay all commissions and bonuses paid to me.
16. I consent to Worldwide Cosmetics Inc. and its affiliates or partners sending me email messages, text messages, or notifying me by telephone or facsimile regarding its products, services, business opportunity and other topics that Worldwide Cosmetics Inc. considers may be of interest or benefit to me. I agree that my receipt of any telephone, e-mail, text message, or other contacts by Worldwide Cosmetics Inc. and its affiliates or partners or by Worldwide Cosmetics Inc. Independent Distributors shall not be deemed a violation by Worldwide Cosmetics Inc. of any state or federal telephone solicitation, no-call, anti-spam, customer protection or similar laws. Standard messaging rates apply for text messages. Please consult your mobile service carrier“s pricing plan to determine the charges for sending and receiving text messages.
17. AutoShip. I may choose to have product sent to me monthly on an automatically processed order (AutoShip). To change any detail pertaining to my AutoShip order, my phoned request or my written request (from my email account of record or via regular mail and signed by me) must be received by Worldwide Cosmetics Inc. 72 hours in advance of the next shipment. All orders are subject to the sales tax of my region, which will be added to the order total. Shipping & handling charges will also be added. The credit card or bank draft listed on the AutoShip Form will automatically be charged for this order. Orders in which payment method is declined may not be processed. Attempts may be made by Worldwide Cosmetics Inc. to reprocess the order should my payment method decline; however, Worldwide Cosmetics Inc. makes no assurance that these attempts will be made. If my credit card is due to expire, I acknowledge that my issuing bank may update my expiration date automatically, which will allow Worldwide Cosmetics Inc. to process my order payment; however, I agree to be responsible for providing current payment. If an order cannot be processed due to payment difficulties, Worldwide Cosmetics will not be held responsible for personal volume shortfalls. I agree that Worldwide Cosmetics Inc. reserves the right to change my AutoShip orders to subsequent payment methods added by me if my first payment method declines.
18. I consent to Worldwide Cosmetics Inc.’s publishing in any of its official material, whether print, audio or video or in any social media, my name, photograph, city and state of residence, the amount of commissions, bonuses, awards, prizes, and recognition paid to me, information regarding any car that is being paid for in whole or in part with a Worldwide Cosmetics Inc. car bonus, and other information that Worldwide Cosmetics Inc. customarily publishes about Independent Distributors.
19. I may not assign my rights or delegate my duties under this Agreement to any person or entity without the express written consent of Worldwide Cosmetics Inc.
20. I agree to hold harmless, indemnify, and release Worldwide Cosmetics Inc., its shareholders, officers, directors, employees and agents from and against, and I hereby waive (a) any claims or liability arising from or relating to the operation or promotion of my Worldwide Cosmetics Inc. business, and (b) any claims I may have for consequential, special or exemplary damages against Worldwide Cosmetics Inc. for any reason whatsoever.
21. In the event there is ever an issue related to the products sold by the Independent Contractor, the liability shall rest with the Manufacturer and not with the Company and the Independent Contractor agrees to look to the Manufacturer for any remedies.
22. The Independent Contractor agrees not to disparage, in any way, the Company, its employees or its products.
23. Worldwide Cosmetics Inc. reserves the right to move or change the dates of beginning and / or end of each sales and commissions period without previous notification. They could be different to the first and last day of each month. Distributors should call to the company, ask for the closing date and they will be notified of such changes or dates.
24. Worldwide Cosmetics Inc. reserves the right to name or disincorporatesome Distributors as Independent Regional Leaders, Managers or Directors, assigning some monthly amount of money to help them afford their business development. But they continue being independent Distributors because don’t exist any labor relationship with the company.
25. All Distributors registered in Worldwide Cosmetics Inc. operate independently, they purchase products from the company, and they receive promotions, marketing strategies and company training. They are responsible for their actions, for the time and effort that spend in their businesses and the agreements reached directly with their customers, their teams and related. Worldwide Cosmetics Inc.is exempt from any claim for labor rights or other compensation that might be attempted by any Distributor or Regional Leader, Regional Manager or Regional Director against the company.
26. Worldwide Cosmetics Inc. reserves the right to accept or reject any investment requested by any Distributor or prospect.
27. The independent contractor agrees not to disparage, in any way, the Company, its employees or its products.
28. The independent contractor agrees while acting as an independent contractor and for six months after termination, he/she shall not recruit or enroll any customers or distributions of the Company.
29. The independent contractor agrees he/she shall not promote any competing beauty products.
30. These agreements survive your relationship with the Company and remain in effect for six months from the date of termination
31. CHOICE OF LAW AND FORUM SELECTION. This Agreement and or any controversy arising out of or stemming from this Agreement shall be governed in all respects solely and exclusively by the laws of The State of Florida without regard to its conflicts of law principles. The Parties hereto expressly consent and submit themselves to the jurisdiction of the courts of Miami-Dade County in the State of Florida, and it is stipulated that venue shall be proper in Miami-Dade County in the State of Florida for the adjudication or disposition of any claim, action or dispute arising out of this Agreement.
I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL OF MY CHOICE.
I Agreed to and Accepted this Term and Conditions.
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