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Terms and Conditions |
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1) All members must be of legal age in the province that they
reside. Members are independent contractors and not the employees, agents or
legal representatives of Ultimate Health Inc. Upon acceptance of this
application by Ultimate Health Inc., I am eligible to participate in the
marketing, selling and distribution of Ultimate Health Inc. products. I may
receive commissions and bonus on sales according to the terms and conditions
and the compensation plan of Ultimate Health Inc. This agreement shall be
deemed as accepted by Ultimate Health Inc., upon the shipment of the first
order placed by the member.
2) As an independent contractor, I will be responsible for all
the collection and remittance of all self employed tax, licenses and permits
required by any level of government. including income tax.
3) I further acknowledge to have read all the policies and
procedures of Ultimate Health Inc. and to be abide by them, also to accept them
and other provisions as promulgated by Ultimate Health Inc. in additions to and
in replacement of this agreement or parts or portions thereof; I agree to
indemnify Ultimate Health Inc. and hold it harmless for any and all liability,
incurred as a result of my unauthorized representation of Ultimate Health Inc.
products marketing plans, policies and services.
4) Ultimate Health Inc. program is based upon retail sales to
the ultimate consumer. Ultimate Health Inc. recognizes that Member may purchase
products for personal consumption and recognizes such sales as retail sales for
end-user consumption. Members are prohibited from purchasing products in
unreasonable amounts solely for the purpose of qualifying for bonuses. The
Compensation Plan is based upon retail sales. It is not the intention of
Ultimate Health Inc. that products be stockpiled. With each order placed, a
Distributor certifies that he/she has sold or used for personal consumption at
least seventy percent of previous order. Distributors are not required to carry
a specific inventory. It is up to their desecration to stock enough product to
service their business needs based upon actual and projected retail sales. All
forms of front-end loading or stockpiling products are discouraged. I
understand that Ultimate Health Inc. may verify retail sales through any method
it deems appropriate. Members must keep and retain complete receipts of retail
sales and provide them to Ultimate Health Inc. upon request.
5) Ultimate Health Inc. has 100% money-back guarantee policy
for all retail customers. The Member agrees to refund the product purchase
price to an unsatisfied customer. Ultimate Health Inc. will promptly replace
any product to the Member upon receipt of returned product including said
customer's name, address and telephone number.
6) I understand that Ultimate Health Inc. products are not
represented as having any medicinal value and I am not authorized to make any
diagnosis of any medical condition, make drug-type claims for or prescribe
Ultimate Health Inc. products to treat or cure any disease or condition of a
person.
7) I agree to indemnify and hold harmless Ultimate Health Inc.
(and is officers, executive distributors, employees and agents) against any
claims, liability, obligations, expenses (including attorney's fees) or damages
arising out of any representation made by me in connection with any Ultimate
Health Inc. products.
8) Ultimate Health Inc. may terminate a Member at any time if
the Member breaches this Agreement or engages in any conduct that may bring
disrepute upon Ultimate Health Inc. or which is in violation of any law or
government regulation or ordinance.
9) This Agreement can be canceled by myself at any time by
notification in writing to Ultimate Health Inc. Products may be returned for
credit within 30 days of the original invoice date if the products are unopened
and in resalable condition. Orders that are not accepted by the member and
marked "Refused or Return to. Sender" will not be subject to refund. All
returns must be accompanied by instructions as to the nature of the return and
if a refund or exchange is requested.
10) I will not make any false or misleading statements or
income projections to prospective or existing Members about Ultimate Health
Inc. or its Compensation Plan. Network marketing distributors occasionally
represent hypothetical future income as actual income projections based upon
the inherent power of network marketing. This is prohibited.
11) Ultimate Health Inc. agrees to make available to Members,
sales and marketing materials at reasonable prices. I agree not to repackage or
relabel Ultimate Health Inc. products, nor sell said products under any other
name or label. I will not make any unauthorized use of trade names or
trademarks by Ultimate Health Inc. I will not make any guarantees, claims or
representations in promoting Ultimate Health Inc. products other than those
contained in approved Ultimate Health Inc. literature. I understand and agree
that I will not create, produce or distribute my own marketing literature or
material without Ultimate Health Inc. written approval.
12) I understand that there is no minimum purchase requirement
to maintain my membership. However I must be on Ultimate Health Inc. Auto-ship
program in order to receive downline cheques for the month for which the
commission is being paid. Orders for any calendar month must be received by
Ultimate Health Inc. at its order department by the last day of the month to
qualify. All applications and order forms must be filled out properly. Ultimate
Health is not responsible for loss of commission payments or delays in Member
enrollment or processing of orders due to errors by Member in preparing or
sending orders or applications.
13) If for any reason I elect not to purchase a minimum order
of product for resale or personal use in any calendar month, I forfeit my
downline commissions and bonus for that month.
14) I understand that my Membership can be inherited or
bequeathed, but cannot be transferred or assigned during my lifetime without
Ultimate Health Inc. consent, which consent will not be unreasonably withheld.
15) This Agreement shall be governed by and construed in
accordance with the laws of the province of British Columbia applicable there
to. Any litigation or arbitration arising under the agreement shall have
Quesnel, B.C. as its place of venue. Each party shall be responsible for its
own attorney's fees and court costs.
16) Ultimate Health is not responsible for commission or bonus
loss due to declined credit card, returned cheque or returned EFT.
17) Ultimate Health Inc. reserves the right to make
changes/amendments where deemed necessary in respect to volume, policies,
procedures and compensation plan.
I have read all the provisions on this form understand and agree to the above
conditions.
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