EXHIBIT 10.3
0000 X. X0X, Xxxxx X-000
Xxxxxxx, XX 00000
(000) 000-0000 ASSOCIATE
Rainforest (000) 000-0000 APPLICATION
Bio-Energetics /registered trademark/ FAX: (000) 000-0000 AGREEMENT
ASSOCIATE INFORMATION
________________________
Day Number
________________________
Evening Number
________________________
FAX Number
____________________________________________________________________
SS# or Federal I.D.# (You will be assigned an Associate Reference #)
________________________________________________________________________________
Associate Name (Last, First, Middle)
________________________________________________________________________________
Co-Associate Name (Last, First, Middle)
________________________________________________________________________________
Mailing Address
________________________________________________________________________________
City State Zip Code
________________________________________________________________________________
Shipping Address
________________________________________________________________________________
City State Zip Code
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Your signature below indicates that you have carefully read this Agreement and
that you willingly accept all the terms and conditions herein. A PARTICPANT IN
THIS NETWORK MARKETING PLAN HAS A RIGHT TO CANCEL AT ANY TIME, REGARDLESS OF
REASON. Please check on option:
Option 1 [ ] Enclosed is $300.00 for the Quick Start Kit. See Quick
Start, pg. 17 in Discover the Treasure Booklet.
Option 2 [ ] 1st Order and MAS (Monthly Autoship). Please send this
order each month:
Illumination $28.00
Sumacazon $17.50
Una de Gato Capsules $10.50
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$56.00 + $5.00 Shipping
TOTAL: $61.00
I understand I may change or cancel this MAS order at any
time.
Option 3 [ ] I would like to order these products: ____________________
____________________
Associate Signature ___________________________ Date __________________________
Co-Associate Signature ________________________ Date __________________________
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Sponsor's Name Check, Check by Fax, Money Order or Visa/MC or Discover
Visa/MC/Discover# _____________________________________
______________ Exp. Date _____________________________________________
Name __________________________________________________
Signature _____________________________________________
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For Internal Use Only File#
Date Rec'd __________________ Date Entered ____________________
I hereby apply to become an associate of the Rainforest Blo-Energetics
(hereinafter "Company") marketing program. As an independent associate, I
understand and agree that:
1. I am of legal age in the state in which I enter this agreement.
2. I shall become a Company associate upon acceptance of this application by
the Company. As an associate, I shall have the right to sell the services
and products 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 associates, the Company, at its discretion, may amend
the profit plan, statement of policy, etc.
4. I have carefully reviewed the Company's marketing plan 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. If he term of the Company associateship agreement is one year. Company
associates, who wish to continue their associateships, must apply to renew
their associate agreement annually.
6. An associate 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 sponsoring associate or
the Company will reimburse inventory and mandatory sales kit materials in
accordance with its policies as stated in the Company s marketing program
and statement of policy.
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 self-employment, state and federal
income taxes as required by law.
8. 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 associate, who sponsors other associates, 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. Associate 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. Associates should be able to provide
evidence to the Company semiannually of ongoing fulfillment of sponsor
responsibilities.
10. The Company's program is built upon retail sales to the ultimate consumer.
The Company also recognizes that associates may wish to also purchase
product 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 associates 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
large quantities of inventory in unreasonable amounts solely for the
purpose of qualifying for bonuses or advancement in the marketing program.
Associates may not inventory load nor encourage others in the program to
load up on inventory. Associates must fulfill published personal and
downline retail sales requirements, as well as supervisory qualify for
bonuses, overrides or advancements.
11. The associate acknowledges that associate is a wholly independent
marketing representative who establishes and services retail customers for
company products as an independent contractor.
The position of associate does not constitute either a sale of a franchise
or a associateship, and absolutely no fees have been or will be required
from the associate 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 employer-employee, agency,
partnership, or joint venture between any associate, sponsor and/or the
company.
As an independent contractor, the associate 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 associate 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 associate's activities in
connection with this agreement.
12. No purchase or investment is necessary to become a Company associate other
than the purchase of a associate sales kit which is sold "at Company
cost." (Purchase is optional in North Dakota).
13. Prior written approval from the Company is required for the following:
A. To advertise Company products;
B. For there to be more than one associate in an immediate family,
household or business;
C. Issuance of a position in a Company or corporate name.
14. The Company may immediately terminate an associate who discredits the
Company's name, violates any requirement contained in this Agreement,
Company Policy and Procedures, or training manuals or misrepresents the
Company's products or business opportunity by making claims contrary to
the Company's product literature and labels.
15. This agreement constitutes the entire agreement between the associate and
the 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 Florida, and
all claims, disputes and other matters between the parties of this
agreement shall be brought in Palm Beach County Court, in Jupiter,
Florida, or in the U.S. District Court, in West Palm Beach, Florida.
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.
