Terms and Conditions for Becoming a Teampartner of PM-International Canada, dated August 2014
I hereby confirm that I am competent and of legal age to enter into binding contracts and I have carefully read and agree to comply with PM-International Canada‘s Policies and Procedures and Compensation Plan, both of which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the “Agreement”).
General Ordering, Delivery, Business and Payment Terms and Conditions of PM-International Canada (hereafter referred to as “PM-International Canada” or the “Company”) PM-International Canada has full discretion on the acceptance or rejection of the application. In case of rejection the Distributor will be informed in writing within 14 days.
1. I understand that as a teampartner of PM-International Canada:
a) I have the right to buy PM-International Canada products and services for resale in accordance with these Terms and Conditions.
b) I have the right to enroll persons in the PM-International Canada Compensation Plan.
c) If qualified, I have the right to earn commissions pursuant to the PM-International Canada Compensation Plan, which may be paid to me as my mark-up on my resale of PM-International Canada products and services.
d) I acknowledge that there is only one revenue earning event for a teampartner, namely the purchase and resale of PM-International products and services to retail customers, and that payment of all mark-up, bonuses, commissions and other remuneration to distributors under the Compensation Plan is properly to be construed as either payment for the inherent mark-up associated with the resale of PM-International Canada products and services to retail customers, or as payments in respect of the resale of products to others by a distributor’s downline. I understand that the basis on which mark-up, bonuses, commission, and other remuneration is set out in the Compensation Plan, and that other relevant terms and conditions are set out here, and in the Policies & Procedures, including a general prohibition against payment of head-hunting and other recruitment bonuses in the Policies & Procedures.
e) I understand that there is no financial or purchase requirement to become a teampartner of PM-International Canada or to enter, maintain, or advance in the Compensation Plan, except (i) the distributor is required to purchase a Demo Start, which is sold to the distributor at the Company’s cost and for the sole purpose of facilitating sales of the Company’s products and (ii)every distributor has to renew his distributor number once a year. The renewal fee will be $ 50.
Any products I choose to purchase, including the Demo Start, may be returned for refund under the terms of the distributor Buy-Back Policy. I understand that this Demo Starter does not contain any commissionable products and any products I choose to purchase in connection with becoming a distributor are optional.
2. Ordering, Delivery, Payment and Shipping Terms and Conditions
a) Each teampartner orders directly from PM-International Canada or a branch of PM-International Canada stating his/her business partner number. Available delivery methods are United Parcel Service, Airborne Express and Federal Express, as well as the United States Postal Service for small shipments. The business partner may pay by Credit Card (Visa, Mastercard, American Express, Discover), or cheques (cancelled cheque and signed application form required). PM-International Canada reserves the right to request prepayment from individual business partners.
b) There is no minimum purchasing quantity. Shipping Costs: The terms and conditions set forth in most current price lists are applicable. Cancellation terms for ticket sales or registrations for training sessions and events are set forth for each individual event.
c) Products can be returned but must be accompanied by a copy of the appropriate PM-International Canada invoice (from PM-International Canada to the teampartner). Nutritional supplements and cosmetics may be returned provided such return is made within 30 days of the date of the invoice and the returned physical product is in resalable, currently re-marketable, condition. If the conditions are met, the Teampartner shall be refunded 100% of the amount paid for the same less a 10% re-stocking fee (see G-2 of the Policies and Procedures). In individual cases, the return period for nutritional supplements and cosmetics may be extended to 45 days from the date of the invoice. This goodwill provision is applicable only if the end customer returns a product to the teampartner on the last day of the normal 30 day return period and therefore it is not possible for the teampartner to meet the 30 day return period towards PM-International Canada! Complaints about commission payments must be made within 90 days of preparation of the commission statement in order to be considered.
If a teampartner lives in a province that has a mandatory refund policy that deviates from the one set forth above, that province’s refund policy shall supercede the one set forth above and shall form a part of this document as if it were written herein.
Returns with insufficient postage cannot be accepted by PM-International Canada. In the case of a justified return, the standard postage for the return shipment will be refunded.
d) Should the business partnership end before a voucher has been redeemed, the equivalent money value will be paid upon request. Bonuses and commissions paid towards the product value and a processing fee of 10% will be subtracted from the payment at that time.
e) I am strictly prohibited from purchasing products in commercially unreasonable amounts.
f) I acknowledge that PM-International Canada has a commercially reasonable buy-back guarantee set out in the Company’s Policies & Procedures. My signature above signifies that I am aware of this buyback guarantee, and have been informed of the existence of the buy-back guarantee, and the manner in which it can be exercised.
3. Legal Status
a) Every distributor operates his/her own PM-International Canada business as an independent contractor; he or she is not an employee, partner, legal representative, or franchisee of PM-International Canada and that the terms of my legal relationship with the Company are set out in the Polices & Procedures. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND AND AGREE THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF PM-International Canada for FEDERAL, PROVINCIAL, OR MUNICIPAL TAX PURPOSES, OR FOR, CPP/EI, EMPLOYMENT STANDARDS, OR WORKERS COMPENSATION LEGISLATION PURPOSES. Accordingly, I understand that PM-International Canada shall not be responsible for withholding any taxes from any mark-up, bonuses or commissions payable to me. I will comply with all federal, provincial and municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any federal, provincial, or municipal law, ordinance, rule or regulation. I understand that further information regarding my tax status as an independent contractor is set out in the Polices & Procedures.
b) The distributor does not have any rights to exclusivity, neither regarding his geographical sales territory nor regarding the products sold to his/her customers. PM-International Canada products are distributed solely using direct sales. Thus, sales in retail stores, markets and at conventions are prohibited. Product sales to other business partners outside of his/her own group is prohibited.
c) Only official PM-International Canada documents may be used as sales aids. The use of personal sales aids requires written authorization by PM-International Canada. Sales of and advertising for PM-International Canada products over the Internet is only permitted through the official web pages of PM-International Canada. The offering of PM-International Canada products on other web pages, through other electronic purchasing systems, or through auction systems or similar systems is not permitted!
d) Contracts, agreements and arrangements whose main or partial concern are PM-International Canada product lines or the PM-International Canada sales system must be approved in writing by PM-International Canada.
e) The following also require written authorization by PM-International Canada:
• publications and advertisements which contain images of PM-International Canada products
• the use of the names “PM Cosmetics”, “PM-International”, “Laurent Cristanel”, “FitLine”, “BeautyLine”, etc. on print, imaging or acoustic media or any other medium that may becoatranslating or use of print, imaging, or acoustic media published by PM-International Canada in training materials and electronic systems or similar systems
f) Spouses may each operate separate businesses using their own business partner number. It is important to note that in such a case, one or the other spouse must be registered as direct or primary line of the other spouse. Children of legal capacity also may (within the organization of their parents) only be registered as direct line of one of their parents.
g) Each consultant may only register once. A renewed registration (under consideration of point 5.) is only possible after cancellation and deletion of the previous registration.
h) If a business partner qualifies once to position Manager in the PM-International Canada Compensation Model, he/she will be entitled for the next 12 months to purchase discountable products with 30% discount. Latest after 12 months he/she has to renew his Manager position or he/she will be treated again as normal business partner with 20% discount on discountable products.
4. Competition
If a business partner wishes to sell competitors’ products in addition to selling PM-International products, he or she requires written authorization from PM-International Canada. He/she may under no circumstances ever distribute or sell competitors’ products or services to other PM-International Canada business partners. Moreover, he/she may never procure new PM-International Canada business partners for the distribution or sale of third-party products.
Distributors agree that during the term of this Agreement, and for one year after it ends, he/she will not, and will not attempt to, commence their own business, or become an employee or independent contractor of a business, in competition with PM-International Canada, through direct selling, retail stores, or otherwise, or within an area 500 km or less from its business location. A business is in competition with PM-International Canada if it sells products in the same generic category as PM-International Canada products or services, and in substantially the same manner, regardless of differences in cost, quality, or other distinguishing factors.
5. Sponsor Line Protection
a) The principle of PM-International Canada is the adherence to and protection of the sponsor’s line. A distributor, who has cancelled his/her business or has had his business deleted as a result of inactivity (6 months without personal sales or group sales), may only be re-accepted if he/she reapplies and (a) is being sponsored by his/her former sponsor or the latter’s upline or (b) a minimum of 6 months have passed since cancellation or deletion of the previous business.
b) Sponsor line protection also applies to customers in the Customer-Direct-Program (as set forth in 4.)
6. General
The purpose and aim of the PM-International Canada distribution system is to sell PM-International Canada products to end customers. It is therefore expected of each business partner to actively and regularly attend to these customers. If a customer decides to justifiably take advantage of the satisfaction guarantee, the business partner is obliged to either (a) refund the full purchase price, (b) replace the product or (c) offer a voucher for the purchase of another product, AFTER he/she has documented the complaint in writing (also see 1. c).
Every business partner is encouraged to acquaint the business partners sponsored by him/her with the PM-International Canada distribution system, to train them continually and to motivate them. This may be achieved through own effort and/or by taking advantage of the seminars, which are offered by PM-International Canada in cooperation with the leadership of the business partnerships of PM-International Canada. Every business partner is as such entitled to the commissions set forth in the PM-International Canada Compensation Model. Charging own business partners and business partners of another person’s down line an attendance fee for seminars, training sessions, etc. is permitted as long as these fees are used to cover costs. Holding seminars, training sessions, etc. in order to make a profit is against PM-International Canada corporate ethics and is not permitted. Payment of commissions on all paid turnover takes place at the end of the following month.
The business partner agrees that his/her personal data and any statements made by him/her may be recorded in PM-International Canada’s electronic data processing system and may be passed on within PMInternational Canada’s distribution system. Any privacy laws and laws governing the collection and distribution of personal data apply in all cases. I waive any rights to bring proceedings against PM-International Canada as a class, collective or representative action as more fully described in the Policies & Procedures. I expressly consent and authorize PM-International Canada to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for compensation for such use. Any image of me or testimomial given by me is the sole property of PM-International Canada.
I hereby provide my express consent to PM-International Canada to send me e-mail messages, text messages, and/or notify me by phone or facsimile regarding its products, services, compensation, and offer other topics that PM-International Canada determines may be of interest or benefit to me. I agree that my receipt of such messages will not be deemed a violation of any federal or provincial legislation or regulations.
7. Cancellation
Should a violation of the business terms and conditions occur or should a business partner work to harm PM-International Canada in any way, PM-International Canada may terminate this agreement without notice. This Agreement will be governed by and construed exclusively in accordance with the laws of the province of British Columbia without regard to principles of conflicts of laws.
8. Extended Ownership
Provision: All merchandise remains the property of PM-International Canada until paid for in full.
9. Sub-Agreements
There are no sub-agreements to this contract. Modifications or supplementations must be made in written form in order to come into force. The same applies to a waiver of the requirement for amendments to
be made in written form. Should it at any time become apparent that this contract contains one or more provisions which are invalid or unenforceable, such provision(s) will be enforced to the fullest extent that
it/they are valid and enforceable. Such a provision will be enforced in such a manner, which is as close as possible to its original intent. All other provisions of this contract shall remain in full force and effect.
10. Amendments
I understand that this Agreement may be amended from time to time at the sole discretion of PM-International Canada, and I agree to abide by all such amendments. Notification of amendments shall be communicated
to all Distributors by posting on PM-International Canada’s website, or other means. Amendments shall become effective and binding 30 days after the date of issuance. I agree that the continuation
of my PM-International Canada business or my acceptance of commissions after the effective date of any amendment will constitute my acceptance of any and all amendments.
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