Terms & 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 (“Agreement”) between Mynewlifeusa.com (“Company”) and the Independent Contractor. They shall be effective only upon acceptance by the Company, at its principal office.
LIFESTYLE CONSULTANT AGREES:
1) Consultant is of legal age in the state or country in which s/he resides.
2) Any Consultant who sponsors another Consultant or collects a Bonus on another Consultant 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. Consultant 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 the Company training and sharing genealogy information with those sponsored. Consultants should be able to provide evidence to the Company quarterly of ongoing fulfillment of sponsor responsibilities.
3) Consultant understands that s/he is not compensated for sponsoring other Consultants but earns compensation solely on sale of products to the ultimate consumer.
4) Applicant is, upon acceptance, an Independent Contractor, called Consultant, conducting business for her/his own account and not an agent, employee, or franchisee for the Company. As such, Consultant in the USA must provide her/his Social Security or Federal Tax ID Number for tax reporting purposes on any monies earned within the country. Consultants in all other countries must report their tax ID number for tax reporting purposes within their country. All Consultants should consult their attorney or tax consultant for information on monies earned and where received. The Consultant further understands that s/he will not be treated as an employee in regard to any laws covering employees. An Independent Consultant shall be responsible for obtaining any licenses required by law for whatever country they reside in.
5) Consultant 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 Consultant. The Company will file forms on each Consultant at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement.
6) Consultant 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 Consultant
7) Consultant SHALL NOT promote or sell other companies products at Company functions or on web sites where the company 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) Consultant shall not sponsor or attempt to sponsor another Company Consultant into another Direct Sales, MLM and/or Network Marketing company except for her/his personally sponsored Consultants. In addition, no Consultant shall participate in any action that causes a Consultant to be sponsored through someone else into another company.
9) Consultant will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
10) Consultant 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, Consultant shall present the program in its entirety, without omission, distortion or misrepresentation.
11) Consultant 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) Consultant 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 Consultants statements or actions in violation of this agreement.
13) Consultant may voluntarily terminate this agreement at any time. As long as Consultant continues to help promote the Company and abides by this Agreement, a Consultant who elects not to renew or to cancel this agreement or voluntarily terminates, retains all rights to bonuses according to the Compensation Plan. Consultant may continue to make wholesale purchases until contract must be renewed. Contract must be renewed each year for Consultant to continue receiving bonus due according to the Compensation Plan. Should a Consultant be terminated for cause, Consultants’ sales organization shall be transferred to his/her first active upline Consultant.
14) All product(s) in resalable condition purchased within 90 days prior to termination may be returned (shipping prepaid). The Company will repurchase such products at 90% of original price, less any bonus or commissions paid. All current sales aids and Mynewlifeusa Starter Kits in resalable condition purchased within 90 days prior to terminating may be returned (shipping prepaid). The Company will repurchase such materials at 90% of original price.
15) The terminated Consultant will be eligible to reapply and may choose a new sponsor after three (3) months. A terminated Consultant that reenters the program may not sponsor any of her/his original downline organization.
16) Consultant understands that the Company does not permit changing of sponsors. Network Marketing is a business of creating relationships. Once a Consultant is sponsored, the Company believes in maximum protection of that relationship.
17) Consultant hereby supplies Company with his/her signature for Company files and understands that this signature is the signature of record for all debit card and any future credit card transactions.
18) Consultant understands there is an administrative fee of $5.00 (five dollars) or 1% (one percent) of earned amount, whichever is greater, per pay period deducted from commission. When commission is not issued there isn’t any fee.
19) Consultant authorizes Company to remit to the proper agencies the applicable sales/use tax generated as a result of the Consultant’s sale of the products.
20) As an Independent Contractor, Consultant is aware of the quality of products offered by the Company and the other costs and contractual obligations that occur when he/she purchases products from the Company. Consultant understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Consultant than when ordering as an average customer. Consultant therefore waives the right of cancellation or refund on any order placed on her/his
credit card account(s) except through the Company. Any order returns, refunds or exchanges shall be done through the Company and not through Visa or Master Card or American Express or Discover.
21) In the event that any check (monies) by any method is returned unpaid, I authorize Mynewlifeusa, I 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 well forfeit certain rights and privileges, including commissions.
22) Consultant 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. Purchases shall be automatically modified to comply with the exemption requirements set forth in any country/states laws regulating business opportunities.
Mynewlifeusa.com AGREES:
1) The Company will pay Consultant commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Consultant and her/his sales organization under the terms of the Compensation Plan.
2) 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.
3) The 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 Consultant at her/his last known address. Consultant agrees to be bound by these changes. Changes will become part of agreement 30 days after notification.
4) The 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) The Company assumes no liability for personal injury arising from the use or mishandling of any of the Company product(s).
6) The Company does not require sponsoring anyone.
7) The Company reserves the right to terminate this agreement immediately upon receipt of information sufficient to the Company that the Consultant has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
8) The Company will honor refund policies provided by any governmental law applicable to Consultant. In the United States, New Mexico and Wyoming - one year; Georgia and Massachusetts - no time limit as to obligated commission qualification wholesale product purchases.
9) The Company requests that all Consultants obey the letter and the spirit of the laws of God and man and that they treat customers, fellow Consultants and Sales Representatives of other MLM/Network Marketing companies with fairness and dignity.
MEMBER AGREES:
This agreement shall be governed by the laws of the State of California (or Country in which Consultant resides) and all claims, disputes and other matters between the parties of this agreement shall be settled in such location as Mynewlifeusa prescribes under International Arbitration rules.
In witness hereof the parties agree to be bound by the terms of this agreement. By checking on I agree to terms and conditions check box signify acceptance of this agreement by Consultant and shall be effective upon acceptance by the Company, at its principal office.