Winasun Ltd
TERMS & CONDITIONS
The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:
Winasun Ltd ("Company") and the Independent Sales Representative (Herein known as “Distributor”). They shall be effective only upon acceptance by the Company, at its principal office:
Winasun Ltd
537 Homer Street
Earlwood, NSW 2206
Australia
The Distributor AGREES:
1. The Distributor is of legal age in the state/province or country in which he/she resides.
2. Any Distributor who sponsors another Distributor or receives a Commission on the product sales of another Distributor must fulfil the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of a product to the ultimate consumer and in the training of those personally sponsored. Distributor must have ongoing contact, communication and arrangement with his or her sales organisation. 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. Distributor should be able to provide evidence to the Company of ongoing fulfilment of sponsor responsibilities.
3. The Distributor understands that he/she is not compensated for sponsoring other Distributors but earns compensation solely on the sale of products to ultimate consumers.
4. The Applicant is, upon acceptance, an "Independent Contractor", hereinafter Distributor, conducting business for her/his own account and not as an agent, employee, or franchisee for the Company. All Distributors should consult their tax agent for information on monies earned and where received. The Distributor further understands that he/she will not be treated as an employee in regard to any laws covering employees. An Independent Contractor shall be responsible for obtaining all licenses required by law in whatever State or Country in which they reside, and pay all applicable fees and taxes.
5. The Distributor agrees to accept the 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 a Distributor. The Company will file appropriate tax earnings report forms on each Distributor at the close of the calendar year for the amount of commissions earned in their country of residence under this agreement.
6. The Distributor agrees that the Company is not be liable for city, state, local and country/federal income taxes, sales taxes or other fees pertaining to sales and earnings of a Distributor and Distributor will hold the company harmless from all of same.
7. The Distributor MAY promote or sell other companies’ sales programs, products or Company functions on websites where Company is mentioned, or use the Company forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities. Any such activity can only be carried out with the Company’s consent.
8. The Distributor shall not sponsor or attempt to sponsor another Company 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. The Distributor will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
10. The Distributor will not make any claims of any kind pertaining to the benefits of the company’s products and services except those given in official company promotional media. When presenting the Company program to others, the Distributor shall present the program in its entirety, without omission, distortion or misrepresentation.
11. The Distributor 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.)
12. The 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 Distributor statements or actions in violation of this agreement.
13. Should the Distributor be terminated for cause, the Distributor’s sales organisation may be transferred to his/her first active upline Distributor at the Company's sole discretion.
14. I understand that at least 70% of all of Distributor's wholesale purchases must be resold to customers that are not Distributors of the Company and that I will not purchase products solely for qualification for a higher position, bonus or commissions.
15. 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 the original price less any bonus or commissions paid. Any laws in any jurisdiction inconsistent herewith are adopted herein and will be followed.
16. The terminated Distributor will be eligible to reapply and may choose a new sponsor after six (6) months. A terminated Distributor that re-enters the program may not sponsor any of her/his original downline organisation.
17. The Distributor understands that the Company does not permit changing of sponsors except in extreme circumstances. 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 Winasun Ltd 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.
19. Distributor understands that Company will provide the Distributor a replicated Web Page, when available as part of Company BUSINESS KIT (Winasun Tool Kit).
20. As an Independent Contractor, the Distributor is aware of the contractual obligations that occur when she/he purchases products or services from the Company. The 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 his/her credit card account(s) except directly through the Company. Any order returns, refunds or exchanges shall be done through the Company and not through any credit card company.
21. The Company will pay the Distributor commissions on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Distributor and his/her sales organisation under the terms of Compensation Plan.
22. The 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 the Company will arise because of any such acceptance or refusal.
23. The Company reserves the right 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 or posted to the Distributor at his or her last known address. The Distributor agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Distributor Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
24. The Company shall not be responsible for acts beyond its control, including but, not limited to: fire, flood, earthquake, storms, power outages, labour difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
25. The Company assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).
26. The Company does not require the Distributor to sponsor and does not require any initial product purchase to be a Distributor. The Distributor will have to pay an annual registration fee of $100AUD to remain an active and registered Distributor of the Company.
27. The Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that the Distributor has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
28. The Company will honour refund policies provided by any governmental law applicable to the Distributor.
29. The Company requires that all Distributors obey the letter and the spirit of the law.
30. I have not violated any non-competition, non-compete, non-solicitation, or confidentiality agreement entered into with any other organisation or entity, and by becoming a Distributor for Winasun Ltd will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organisation.
31. I approached Winasun Ltd, or any other Winasun Ltd Distributor, employee, or affiliate, about becoming a Winasun Ltd Distributor and requested to become a Winasun Ltd Distributor. Winasun Ltd or any Winasun Ltd Distributor or any employees, agents, managers, members, or affiliates, has approached or solicited the undersigned about becoming a Winasun Ltd Distributor.
© Winasun Ltd 9/10/2013