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In accordance with the terms and conditions contained
in this Application and Agreement (hereinafter ěAgreementî), I hereby
submit my application to become a Distributor, (hereinafter referred
to as ěDistributorî), with KareMorĆ International, Inc., (hereinafter
referred to as ěCompanyî), and hereby state and agree as follows:
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| 1. |
I am of legal age, in the state in which I reside, to
enter into this Agreement. This Agreement becomes effective on the date
received, signed by the applicant, and accepted by the Company in its
Fulfillment Center located at 2401 South 24th Street, Phoenix, Arizona
85034. |
| 2. |
Upon acceptance of this application I understand I will
become a Distributor of the Company and will be eligible to participate
in the selling and distribution of the Companyís goods and services and
receive commissions in connection with such sales in accordance with the
Companyís Policies and Procedures, and Compensation Plan. |
| 3. |
I understand that as a Distributor I am an independent
contractor; not an agent, employee or franchise of the Company. I further
understand and agree that I will not be treated as an employee with respect
to such services, for federal or state tax purposes. Nor will I be treated
as an employee for purposes of the Federal Unemployment Tax Act, and Federal
Insurance Contributions Act, the Social Security Act, and State Unemployment
Act or State Employment Security Act. I understand and agree to pay all
applicable federal and state income taxes, self employment taxes, sales
taxes, local taxes, and/or local license fees that may become due as a
result of my activities under this Agreement. In addition, I hereby warrant
to the Company that I am in compliance with all applicable rules, regulations,
ordinances, and laws of my home municipality, County, and State in connection
with my activities as a KareMor Distributor. |
| 4. |
I agree that as an independent contractor, I will be
solely responsible for all statements made regarding the Companyís Compensation
Plan or products which are not expressly contained in writing in the Companyís
policies, product description or Compensation Plan. |
| 5. |
I understand and agree that my remuneration will consist
solely of commissions, overrides and/or bonuses, relating to the sale
or other output derived from in person sales, solicitations or orders
from ultimate consumers, primarily in the home or otherwise, rather than
in a permanent retail establishment. |
| 6. |
I understand that I am not required to make any purchase
in order to become a Distributor. I will pay a one-time computer service
fee and receive a FREE Start-Up Kit which contains sales materials, not
for resale. If I decide not to continue as a Distributor, I may submit
my written resignation. Doing so automatically terminates this Agreement.
I understand I am not required to maintain an inventory of any kind in
order to become a Distributor. |
| 7. |
I hereby agree to represent the Companyís Compensation
Plan fairly and completely, emphasizing that retail sales are a requirement,
that no purchase of goods or services is required at any level, that no
recruitment fee can be derived from the mere act of sponsoring other Distributors,
and that no earnings are guaranteed from participation in the Compensation
Plan. I agree that I will not make any representations about the actual,
potential or expected earnings of any Distributor of the Company. |
| 8. |
I understand that as a Distributor, I am not guaranteed
any income, nor am I assured any profit or success. I understand the Compensation
Plan and that I can only make commissions upon the sale of the Companyís
goods and services. I will be free to set my own hours, and determine
my own location and methods of selling, within the guidelines and requirements
of this Agreement. |
| 9. |
I further certify that neither the Company nor my sponsor
have made any claims of guaranteed earnings or representations of the
anticipated earnings that might result from my efforts as a Distributor.
I understand that my success as a Distributor comes from retail sales,
service, and the development of a marketing organization. I understand
and agree that I will make no statements, disclosures, or representations
in selling the Companyís goods and services or in the sponsoring of other
prospective Distributors other than those contained in approved Company
literature. |
| 10. |
I hereby agree not to re-package or re-label the Companyís
goods or services nor to sell said goods or services under any other name
or label. I further agree to refrain from producing, selling, and using,
for the purpose of advertising, promoting or describing the Companyís
goods or services, Compensation Plan, or other programs, any written,
recorded, or other materials which have not been approved or provided
by the Company. |
| 11. |
In the event I sponsor other Distributors I agree to
perform a bonafide supervisory, distributive and selling function in connection
with the sale of the Companyís goods and services to the ultimate consumer.
I also agree to train any Distributors I may sponsor in the performance
of these functions. I agree to have continuing communication and supervision
with my sales organization. |
| 12. |
I understand and agree that the Company,
in order to maintain a viable marketing system, may make modifications
in the Policies and Procedures, Compensation Plan, Company literature
and product prices. I further agree to be bound by such changes upon notification
through official Company literature. |
| 13. |
I understand that the acceptance of this Application
does not constitute the sales of a franchise or a distributorship, and
that there are no exclusive territories granted to anyone, and that no
franchise fees have been paid, nor am I acquiring any interest in a security
by the acceptance of this Agreement. |
| 14. |
I understand and agree that because of the personal
nature of this Agreement it may not be transferred or otherwise assigned
without the prior written consent of the Company. |
| 15. |
The term of this Agreement is one year. I understand
that I must apply for and renew this Agreement annually. The renewal process
and fees, if any, will be set out in the Policies and Procedures of the
Company. |
| 16. |
This Agreement, its interpretation, construction, and
enforcement, shall be governed by the laws of the State of Nevada. Any
controversy, dispute, or claim relating to this agreement between the
parties shall be resolved by binding arbitration in Carson City, Nevada,
in accordance with the rules of the American Arbitration Association,
and any judgment of the Arbitrator shall be entitled to enforcement by
any court having jurisdiction over the parties. |
| 17. |
I understand and agree that this Agreement, including
the Companyís Policies and Procedures, and Compensation Plan, incorporated
herein by reference, constitute the entire agreement between the parties
hereto. I have read this Agreement including the Policies and Procedures,
and Compensation Plan and I acknowledge receiving a copy of all documents
referred to and agree to abide by and be bound by the terms contained
therein.
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I HEREBY AUTHORIZE AND GIVE FULL CONSENT TO THE COMPANY TO COPYRIGHT,
PUBLISH ALL PHOTOS AND/OR VIDEOS AND/OR MOTION PICTURES AND/OR VOICE RECORDING
TAKEN BY THEM OR THEIR AGENTS IN WHICH I MAY APPEAR AS A KAREMOR DISTRIBUTOR
AT A KAREMOR FUNCTION WITHOUT LIMIT OR RESERVATION AND WAIVE THE RECEIPT
OF ANY FEE OR ROYALTY UNLESS AGREED UPON IN WRITING.
A Participant in this compensation plan has a right to cancel at anytime,
regardless of reason.
Cancellation must be submitted in writing to the company at its principle
place of business.
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