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Better World Alternatives
1351 E. Helena Dr.
Phoenix, AZ 85022
Phone: 602-358-7847
Fax: 707-471-3614
INDEPENDENT CONTRACTOR APPLICATION & AGREEMENT
DATE: _________________________________
___________________/__________________/______/___________________________
LAST NAME / OR COMPANY NAME FIRST MI SS No or EIN No (This can be waived)
___________________/____________________/______________/________/_________
ADDRESS CITY COUNTRY STATE ZIP
( )____________ ( )______________ ( )_________________ _______________________
HOME PHONE CELL PHONE FAX EMAIL
Please accept this application to become an Independent Contractor (hereinafter ?Distributor? for Better World Alternatives (hereinafter ?Company?). This Agreement is personal to the Distributor whose name appears on the Application. Distributor shall not assign, sell or otherwise transfer this Agreement or the rights and duties expressed herein without prior written consent of the Company. Consent will not be unreasonably withheld.
I have read, understand and agree to the provisions set forth in this Application, including the Terms & Conditions, Policies & Procedures and Compensation Plan and as these documents shall be from time to time amended. I understand that these documents constitute this entire agreement (?Agreement?) and I acknowledge reviewing a copy of all documents referred to herein.
I understand that no purchase of product or inventory is required to become or remain a Company Distributor. I understand that there is a REQUIRED Better World Alternatives Business Kit, (SOSP) which is sold at Company cost and on which no commission is paid.
I understand that I am not guaranteed a specific income. Financial success as a Distributor can come only from sale of company products/services to the end consumer.
The term of this agreement is one year and shall automatically end on the anniversary date of each year, unless
there is a renewal agreement. Distributors must renew annually (non- performing Distributors need not apply.)
This agreement shall be governed by the laws of the State of New Jersey (unless the law of the State or Country in which Distributor resides prohibits such then that State?s laws shall govern issues relating to jurisdiction and venue.) and all claims, disputes and other matters between the parties of this agreement shall be settled in such location as Better World Alternatives prescribes under the Federal Arbitration Act and the commercial Arbitration Rules or the American Arbitration Association.
In witness hereof the parties agree to be bound by the terms of this Agreement (including Terms & Conditions, Policies & Procedures and Compensation Plan), which constitutes the entire contract between Better World Alternatives, and myself and shall supersede and prevail over any other agreement as to the matters addressed herein. Signatures on the face of the Independent Contractor Application & Agreement signify acceptance of this agreement by Distributor and shall be effective upon acceptance by the Company, at its principal office.
Distributor certifies that s/he is of legal age in the State/Country of residence.
Applicant's Signature
A participant in this direct sales plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address.
______ I wish to purchase a Better World Alternatives Business Kit for $59.95 plus tax. SKU #520
______ Check ______ Money Order ______
____________________________________________/__________________
Signature Date
As Sponsor, I recommend this Applicant as a Distributor. I have reviewed the products and ordering procedures, this Application Form, the Terms & Conditions, Policies & Procedures and Compensation Plan with Applicant. I agree to assist and support her/him to the best of my ability. I understand Company reserves right to reject application.
Sponsor Signature___________________________________________________ ID Number___________________
BETTER WORLD ALTERNATIVES
TERMS AND CONDITIONS
The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms and Conditions, form the Agreement between Better World Alternatives (?Company?) and the Independent Contractor. They shall be effective only upon acceptance by the Company, at its principal office:
1351 E. Helena Dr., Phoenix, AZ 85022
DISTRIBUTOR AGREES:
1) Distributor is of legal age in the state or country in which s/he resides. 2) Any Distributor who sponsors another Distributor or collects a Bonus on another Distributor 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. Distributor must have ongoing contact, communication and management with his or her sales organization. Examples may include, but not limited to, email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to Company training and sharing genealogy information with those sponsored. Distributors should be able to provide evidence to the Company quarterly of ongoing fulfillment of sponsor responsibilities. 3) Distributor understands that s/he is not compensated for sponsoring other Distributors but earns compensation solely on sale of products to the ultimate consumer. 4) Applicant is, upon acceptance, an Independent Contractor, called Distributor, conducting business for her/his own account and not an agent, employee, or franchisee for the Company. As such, Distributor in the USA must provide her/his Social Security or Federal Tax ID Number if available for tax reporting purposes on any monies earned within the country. Distributors in all other countries must report their tax ID number for tax reporting purposes within their country. All Distributors should consult their attorney or tax consultant for information on monies earned and where received. The Distributor 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 whatever State, County or \Country in which they reside and pay all applicable fees or taxes. 5) Distributor agrees to accept sole responsibility for all self-employment, and all legal country/federal and state income taxes and any other taxes on income earned as a Distributor. The Company will file forms on each Distributor at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement. 6) Distributor agrees that the Company will not be liable whatsoever for city, county, state, and country/federal taxes or other fees pertaining to efforts and earnings of the Distributor.7) Distributor SHALL NOT promote or sell other companies? products at Company functions or on web sites where Better World Alternatives 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. 8) Distributor shall not sponsor or attempt to sponsor another Better World Alternatives Distributor into another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Distributors. In addition, no Distributor shall participate in any action that causes a Distributor to be sponsored through someone else into another company. 9) Distributor will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only. 10) Distributor 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, Distributor shall present the program in its entirety, without omission, distortion or misrepresentation. 11) Distributor shall not represent or imply, directly or indirectly, that the Company program 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 12) Distributor 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 Distributors statements or actions in violation of this agreement. 13) Should a Distributor be terminated for cause, Distributors? sales organization shall be transferred to his/her first active upline Distributor. 14) I understand that at least 70% of all personal purchases must be resold to customers who are not Distributors of Better World Alternatives and that I will not purchase products solely for qualification for a higher position, bonus or commissions. 15) All unused 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 Better World Alternatives Starter Kits in resalable condition purchased within 90 days prior to terminating may be returned (shipping prepaid). Company will repurchase such materials at 90% of original price. 16) The terminated Distributor will be eligible to reapply and may choose a new sponsor after six (6) months. A terminated Distributor that reenters the program may not sponsor any of her/his original downline organization. 17) Distributor understands that Company does not permit changing of sponsors. Network Marketing is a business of creating relationships. Once a Distributor is sponsored, the Company believes in maximum protection of that relationship. 18) Distributor hereby supplies Better World Alternatives with his/her signature for Better World Alternative?s files and understands that this signature is the signature of record for all debit card and any future credit card transactions. 19) Distributor understands that he/she is paid monthly. 20) Distributor without a sales tax ID number authorizes Company to remit to proper agencies the sales/use tax generated as a result of Distributor's product sales. 21) Distributor understands Company will provide Distributor a replicated Web Page, when available as part of Better World Alternatives Business Kit. Company will deliver all Business Kit items upon receipt of good funds. 22) As an Independent Contractor, Distributor is aware of the quality of products offered by the Company and other costs and contractual obligations that occur when he/she purchases products from Company. Distributor understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Distributor than when ordering as a customer. Distributor therefore waives the right of cancellation or refund on any order placed on her/his 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. 23) In the event that any check (monies) by any method is returned unpaid, I authorize Better World Alternatives to debit my account for the face amount plus up to a $25.00 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. 24) Distributor 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 aides and wholesale product purchases from the Company during the first six months. Distributor also understands that BWA will do no business with any consumers under any conditions in the States of Maine, Kentucky, or Idaho. Purchases shall be automatically modified to comply with the exemption requirements set forth in any country/states laws regulating business opportunities.
_____________________________________________Distributor Signature
BETTER WORLD ALTERNATIVES AGREES:
1 ) Company will pay Distributor commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Distributor and her/his 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 Company. No right of action against Company will arise because of any such acceptance or refusal. 3) Company reserves the rights to amend, revise, institute, alter, or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan. Any such revisions become effective by email, letter(s), or by publication in official company literature, posted to Distributor at her/his last known address. Distributor agrees to be bound by these changes. Changes will become part of agreement 30 days after notification. 4) 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. 5) Company assumes no liability for personal injury arising from the use or mishandling of any of the Company product(s). 6) Company does not require Distributor to sponsor. 7) Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that Distributor has violated any term or condition of this agreement or has otherwise acted illegally or unethically Company will honor refund policies provided by any governmental law applicable to Distributor. Company requests that all Distributors obey the letter and the spirit of the law.
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