INDEPENDENT REPRESENTATIVE AGREEMENT
(As updated 3-22-2018)
I hereby apply to become an Independent Representative (hereinafter “IR”) of Forever Healthy, LLC or Forever Healthy Products, Inc. (hereinafter “Company”) marketing program.
As an IR, I understand and agree that:
I am of legal age in the state in which I enter this Agreement.
2. I shall become a Company IR upon acceptance of this application (or by electronic enrollment) by the Company. As an IR, I shall have the right to sell the products and services 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 IR, 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 this Agreement is one year. Unless otherwise directed by you or the Company, your account on file will be billed and the renewal process will happen automatically on your anniversary date (every year unless you terminate your Agreement). Under all circumstances, automatic billing or payment, the renewal fee must be received no later than 30 days after your anniversary date or the Company has the option to deactivate your status, and you will need to pay a reinstatement fee to become active again. In addition, the Company reserves the right to accept or reject your new or renewal application within 30 days of application or renewal. After the 30 days of new application or renewal by paying the renewal membership fee, your account is considered accepted unless notified in writing that it was rejected. The renewal fee is for ongoing sales and marketing materials 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. If you choose not to participate with the program, you must cancel in writing at least seven days prior to your renewal date or you will be charged the annual renewal fee.
6. An IR 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 Company will repurchase IR purchased inventory and mandatory sales kit materials, if any, as long as it is in saleable unused condition, proof of purchase is provided and in accordance with its policies as stated in the Company’s marketing program and statement of policy and procedures.
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, the Federal Unemployment Tax Act, income tax withholding at source or for any federal or state tax laws. It is my responsibility to pay selfemployment, state and federal income taxes as required by law.
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.
9. Any IR, who sponsors other IRs, 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. The IR 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 meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company training and sharing genealogy information with those sponsored. IRs should be able to provide evidence to the Company semiannually of ongoing fulfillment of sponsor responsibilities. If an IR is an Enroller in the marketing program entitled to Enroller bonuses, then the Enroller is obligated to the same responsibilities of supervisory, communication and training activities with respect to IRs he or she has enrolled, irrespective of whether the Enroller is also the Sponsor of those IRs.
10. The Company’s program is built upon retail sales to the ultimate consumer. The Company also recognizes that IRs may wish to purchase product or service in reasonable amounts for their own personal or family use. For this reason, a retail sale for bonus purposes shall include sales to nonparticipants, as well as sales to IRs for personal or family use which are not made for purposes of qualification or advancement. It is company policy, however, to strictly prohibit the purchase of product or service solely for the purpose of qualifying for bonuses or advancement in the marketing program. IRs must fulfill published personal and downline retail sales requirements, including requisite retail sales to nonparticipants, as well as supervisory responsibilities, to qualify for bonuses, overrides or advancements.
11. The IR acknowledges that IR is a wholly independent marketing representative who establishes and services retail customers for Company products as an independent contractor. The position of IR does not constitute either a sale of a franchise or a distributorship, and absolutely no fees have been or will be required from the IR for the right to distribute the Company’s products pursuant to this Agreement. This Agreement is not intended and shall not be construed to create a relationship of employeremployee, agency, partnership, or joint venture between any IR, sponsor and/or the Company.
As an independent contractor, the IR 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 IR’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 IR’s activities in connection with this Agreement.
12. No purchase or investment is necessary to become a Company IR other than the purchase of, or payment fee for, a sales kit which is sold “at Company cost.” (Purchase is optional in North Dakota). This “at cost” sales kit fee covers basic and ongoing sales and marketing materials and support in both written and electronic and online media formats, including product and service updates.
As an extension to the initial “at cost” sales kit, a modest annual fee will be charged for expanded “at cost” ongoing sales and marketing materials support, including back office accounting review, training updates, replicated website and communication tools to support the sales and marketing process. By submitting this IR Agreement, IRs specifically authorize this annual fee to be charged to the IR’s on-file debit or credit card (or other form of payment acceptable to the Company) each year for as long as he or she remains an IR.
13. Prior written approval from the Company is required for the following:
A. To advertise Company products;
B. Issuance of an IR position in a corporate name.
14. The Company may immediately terminate an IR who discredits the Company’s name, violates any requirement contained in this Agreement, Company Policies and Procedures, or training manuals or misrepresents the Company’s products or business opportunity by making claims contrary to or exceeding the claims made by the company in literature, marketing materials or product labeling.
15. This Agreement constitutes the entire agreement between the IR and Company and no other additional promises, representations, guaranties or agreements of any kind shall be valid unless in writing.
16. 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 Los Angeles County Superior Court, in Los Angeles, California, or in the California Central District Court in Los Angeles, California.
17. I acknowledge that I have read and understand and agree to the terms set forth in this Agreement.
18. This Agreement is not in force until accepted by the Company.
19. The Company’s direct selling opportunity is available in Montana only after a
formal registration is filed in Montana.
For Forever Healthy, LLC Date of Acceptance
(Date for Office Use Only)