TERMS OF AGREEMENT
I hereby become a "Marketing Consultant" of the Boresha International, Inc. (hereinafter "Company") marketing program. As a "Marketing Consultant", 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 Marketing Consultant upon acceptance of this application by the Company. As a Marketing Consultant, I shall have the right to sell the services and products offered by the Company in accordance with the Company's marketing program and statement of policy, which may be amended and changed from time to time.
3. Upon notification to Marketing Consultants, the Company, at its discretion, may amend the marketing plan, product pricing, statement of policy, etc.
4. I have carefully reviewed the Company's marketing 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 Marketing Consultant agreement is one year. Renewal is automatic unless opted out in writing by the Marketing Consultant no less than 30 days prior to renewal date. By execution of this agreement, the Marketing Consultant authorizes a renewal fee of $49.95 per year. The Company reserves the right to reject your auto renewal if all the terms and conditions of the distributor policies and procedures manual are not adhered to. The renewal fee is for ongoing sales and marketing material 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 of both your business and sales force management.
6. A Marketing Consultant shall be entitled to cancel participation in the marketing program at any time and for any reason upon notice to the Company. Upon notification of cancellation or termination, the sponsoring Marketing Consultant or Company may, at its discretion, re-purchase saleable inventory in accordance with its policies as stated in the Company's marketing program and statement of policy. Cancellation of agreement does not entitle Marketing Consultant to refund of fees unless cancellation occurs within the first 30 days from date of application minus any bonuses or commissions paid.
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, and 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. Any Marketing Consultant, who sponsors other Marketing Consultants, 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. Marketing Consultant must have ongoing contact, communication and management supervision with his or her sales organization. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meeting, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company training and sharing genealogy information with those sponsored. Marketing Consultants should be able to provide evidence to the Company semiannually of ongoing fulfillment of sponsor responsibilities.
9. The Marketing Consultant acknowledges that Marketing Consultant is a wholly independent marketing representative who establishes and services retail customers for Company products as an independent contractor. The position of Marketing Consultant does not constitute either a sales of a franchise or a distributorship. This agreement is not intended and shall not be construed to create a relationship of employer/employee, agency, partnership, or joint venture between any Marketing Consultant, sponsor and/or the Company.
As an independent contractor, the Marketing Consultant 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 Marketing Consultant'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 Marketing Consultant's activities in connection with this agreement.
10. 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's Compliance Department.
11. Marketing Consultants are provided with a "Replicating Personalized Business Builder Website" for use in the development of their business. Unless requested in writing by the Marketing Consultant, a subscription fee of $19.95 per month will apply. The Company reserves the right to change this fee at any time without notice.
12. Prior written approval from the Company's Compliance Department is required for the following:
A. To advertise in any print or electronic media the Company products;
B. For there to be more than one Marketing Consultant in an immediate family in one household.
C. Issuance of a position under a Company or corporate name.
13. The Company may immediately terminate a Marketing Consultant who discredits the Company's name, violates any requirement contained in the Distributors Policies and Procedures Manual, or training materials or misrepresents the Company's products or business opportunity by making claims contrary to the Company's product literature.
14. This Agreement and, by referral incorporates the Company's Policies and Procedures, constitutes the entire agreement between the Marketing Consultant 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 the laws of the state of California, and all claims, disputes and other matters between the parties of this agreement shall be brought in Contra Costa County Superior Court, in Martinez, California, or in the U.S. District Court, for the Northern District of California, in San Francisco, California.
16. I acknowledge that I have read and understand and agree to the terms set forth in this agreement.
17. This agreement is not in force until accepted by the Company.
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