SURICH LIVELIHOOD ENTREPRENEURS
Application and Agreement:
I hereby submit my Independent Distributorship Application and Agreement to signify that I have agreed to become an Independent Distributor, (here in referred to as distributor ) with SURICH LIVELIHOOD ENTREPRENEURS ( here in referred to as the Company).
That the Company\'s policies and procedures and its compensation plan are infused into the terms and conditions of this agreement. The term agreement as used herein means the Distributor Application and Agreement, The SURICH LIVELIHOOD ENTREPRENEURS Policies and Procedures and the SURICH LIVELIHOOD ENTREPRENEURS Compensation Plan.
Signing agreeing with this application mean that I have consented to become an Independent Distributor of SURICH LIVELIHOOD ENTREPRENEURS and that this agreement takes effect immediately on the date of acceptance by the company either thru original hard copy, facsimile or email of scanned copy, or thru the company\'s online application facility of this agreement for me to be officially considered as a SURICH LIVELIHOOD ENTREPRENEURS distributor. If the company does not receive any copy in any manner and form as stated above, this agreement is deemed to have been cancelled. I also agree that my signature on the facsimile transmittal is my original signature and that my concurrence on the on line application facility makes this agreement effective and enforceable.
As a Distributor, I have fully evaluated, reviewed and understand the Company\'s Business model and found it to be sound, feasible and legally compliant. I attest that that nobody has coerced, influenced or convinced me into participating in the Company\'s Distributorship business.
As a Distributor, I am an Independent contractor, NOT an agent, employee, or franchisee of the Company. I understand and I am fully aware that no employee- employer relationship exist between me and the Company.
As a Distributor, I am entitled to participate in the sales and distribution of the company\'s products and services and I shall receive bonus/es and commission/s according to the Company\'s Compensation Plan.
I accept and agree that my compensation will solely include bonuses and commission\' s from the sale of products as provided for in the Company\'s Compensation Plan; that I shall receive no commission from the mere act of recruiting pr enrolling others into the program.
I agree that I am not guaranteed any commission or bonus and neither am I assured of any profit or success. My earning potential is contingent on the amount of attention, effort and resources that an Independent Distributor may exert into this business.
As an Independent Distributor I am free to set my own hours and determine my own area of sales and methods of selling and all expenses incurred in the process of building ones sales organization are for my own account, and likewise, I am allowed freedom to employ any manner of marketing the Companys product along the process of effecting sales as long as it is within the parameters of this agreement.
That I certify that the Company nor the person who referred it me has made any claims of guaranteed earnings or representations of anticipated earnings that might result from my effort as a Distributor. That I understand that my success as a Distributor emanates from the sales, service and development of my sales organization.
That I agree that this Agreement is limited to Independent Distributorship only and does not cover a franchise contract between the Company and it does not grant an exclusivity of a defined territory to any Independent Distributors except for those who are taking an City Exclusive Distributorship Package.
The term of this Agreement is for one year and the annual renewal fee shall be as required as defined within its compensation plan. This is intended for the annual re-activation of Distributors respective business tracking account. Commissions and bonuses of Business tracking account owners or of Independent Distributors shall be suspended or otherwise withheld should there be failure on their part to renew. An Independent Distributor will be given forty five (45) days from the time of notification that they should renew or reactivate their Business Tracking Account. In case of failure to renew after the lapsed of the \'grace period\', this agreement is automatically deemed cancelled or rescinded without need of any notice to the violating party.
As an Independent Distributor, it is my primary duty and responsibility to observe proper conduct and behavior. I must maintain and observe the highest ethical standards in all of my business undertakings.
As an Independent Distributor, I understand that I am tasked not only to promote but also to defend the Companys image, its integrity, its products. I likewise profess my loyalty to the Companys officers and defend them against all actual, impending or potential attacks or threats which may result from business competition.
As an Independent Distributor, I understand that I am free to engage in distributorship business with other Multilevel Companies not considered to be a direct competitor of SURICH LIVELIHOOD ENTREPRENEURS and I must not convert SURICH LIVELIHOOD ENTREPRENEURS Distributors to engage in distributorship business competing or rival Multilevel Marketing Companies, otherwise this agreement shall be deemed automatically cancelled or rescinded without need of any notice to the violating party .
As an Independent Distributor, I understand that my Distributorship Agreement with SURICH LIVELIHOOD ENTREPRENEURS will be terminated should there be infraction or violation of the following TERMS AND CONDITIONS:
a. Non remittance of collections : the Company employs a practice an off money handling policy' such that all payments must be deposited to a designated Company account. In areas where City Exclusive Distributors has yet been in place and Distributors are constraint or prevented to remit payments to their respective up-lines or to the Company officers tasked to develop an area, as the case may be, the up-lines must remit these payment to the head office not later than forty eight (48) hours. Failure to do so will result to the automatic cancellation of this Agreement and appropriate charges will be filed against the offender in the proper court of law.
b. Proselytizing/ Cross Lining : Enticing Distributors to transfer from his/her existing placement to another sales up-line is strictly prohibited otherwise the offending party shall have his or her agreement automatically terminated or cancelled without need of notice.
c. Cross lining : To protect the effort of the Distributors in building their respective sales organization and likewise to maintain the integrity of the system, distributors are prohibited from transferring from one placement to the other. Any Distributor found or discovered to be practicing cross lining by registering 'dummies' under their cross lines sales organization will be deemed terminated without need of notice.
d. Independent Distributors are partners of SURICH LIVELIHOOD ENTREPRENEURS and thus are expected to promote and defend the vision and mission, and the ideals of the Company, its Products and Its Officers at all times. Any Distributor found to be uttering libelous words or words of contempt against the Company shall be deemed terminated without prejudice to the filing of appropriate charges in a court of law.
e. The Company may assign Distributors as their presentors and trainors in any place or area where the network is being developed. Such officers are entrusted with corporate funds intended for market development and Company equipments such as laptops, LCD projectors and such other gadgets or equipment that may be entrusted to them by the Company. These Officers shall liquidate and return all these Companies resources entrusted to them within twenty four (24) hours after their presentations or engagement.
As a Distributor I agree to Indemnify and hold the Company harmless from any and all claims, damages and expenses including attorneys fees, arising out of, or in connection with, my actions or conduct and that of my employees. This Agreement will be governed and construed in accordance with the laws of the Philippines.
18. All Disputes and claims relating to SURICH LIVELIHOOD ENTREPRENEURS, The Distributorship Agreement, The Companys Compensation Plan, its Products and services, the rights and obligations of Independent Distributor and SURICH LIVELIHOOD ENTREPRENEURS or any other claims or causes of action relating to the performance of either the Independent Distributor or the Company under this Agreement shall be settled totally and finally by arbitration in Las Pinas City, Philippines. If any of the Distributors files a claim or counterclaim against the Company, the distributor shall do so on an individual basis and not with any other Distributor as part of class action. The decision of the arbitrator shall be final and binding on the parties and may, if need be, be reduced as judgment in any court of competent jurisdiction. Each party to the arbitration shall be responsible to his own cost and expenses of arbitration, including legal and filing fees. This Decree or Agreement of Arbitration shall survive beyond the termination or expiration of this Agreement.
The Parties hereto have, in this Agreement, waived all rights to incidental, consequential, exemplary and punitive damages arising from any violation of this agreement.
The Parties consent to the jurisdiction and venue before the appropriate court of the City Of Quezon Philippines for the purposes of enforcing an award by an arbitrator or any matter not subject to arbitration, both parties expressly waiving any other venue.
I shall be subject to sanctions or imposition of penalties as specified in the policies and procedures of the Companys discretion for the violation or breach of any terms or provision of this Agreement. Upon the voluntary or involuntary cancellation of this Agreement, I shall lose and expressly waive, any and all rights to my previous down line organization and to any bonus, commission or other compensation from sales generated by me or my prior sales organization.
As a Distributor, I understand and fully agree that I will pay all applicable income taxes, self employed taxes, local taxes and or local license fee in connection with my undertakings under this Agreement. And that I certify that the number shown in my Distributorship Application form is my correct Taxpayer Identification Number (TIN) duly issued by the Bureau of Internal Revenue (B.I.R.);
As a Distributor, I understand and I consent that the Company shall be entitled to deduct and offset against my commissions, bonuses or any other money payable to me, any amount past due and unpaid in favor of the Company representing my purchases of Company products and services or any other money owed to the Company by me.
As a distributor, I understand that the company can enhance, improve, annex or change any provision in the companys business plan should the management sees it necessary without prior notice.
As a Distributor, I understand that I am prohibited from making any misrepresentation or any misleading information that may result to confusion and may damage the distribution channel within the companys distributorship business. It is my primary responsibility to relay all information pertaining to and relevant to SURICH LIVELIHOOD ENTREPRENEURS Distributorship business with accuracy and veracity.
As a Distributor, I understand that my scope of involvement is limited to the companys distributorship business and that I am prohibited from entering into a contract with any business entity without the consent of the Company. If a Distributor intends to employ any advertising medium or if he intends to enter into a contract with other business entity with an intention to expand his or her sales organization, he or she may do so but in his or her personal capacity and the latter contract must explicitly define in clear and separate clause the non-involvement of the SURICH LIVELIHOOD ENTREPRENEURS and in which case, the Distributor must furnish the Company a notarized copy of his or her contract with another business entity.