AGREEMENT – Terms and Conditions Recital
THIS AEPIC GLOBAL Independent MEMBER Agreement is entered into and is effective as of the same date indicated on the front page of this application. This Agreement is between Aepic Global, herein referred to as AG, and the applicant, as listed in the front page of this application, referred to as the MEMBER. WHEREAS, the purpose of this Agreement is to establish the MEMBER as an authorized, nonexclusive Independent Representative for the sale and service of products of AG and other product providers, herein referred as ‘MANUFACTURER’ and to set forth the respective duties, obligations and responsibilities of AG and of the ID in the sale of these products by AG. WHEREAS, MEMBER has elected to enter into this Agreement with AG with confidence in AG’s integrity and expressed intention to deal fairly with its MEMBER, and with knowledge of the customer acceptance of products of MANUFACTURER. WHEREAS, AG has elected to enter into this Agreement with MEMBER with recognition that AG’s success depends on ethical, responsible, efficient, vigorous and successful MEMBERS, whose business conduct is free of false, deceptive or misleading advertising, medical claims, merchandising, pricing and service practices, and with the confidence in MEMBER’s integrity and ability, and in the MEMBER’s expressed intention to deal fairly with AG and its customers, and to perform and carry out MEMBER duties, obligations and responsibilities as set forth in this Agreement and AG’s Policies and Procedures. WHEREAS, it is the expectation of each of the parties that by entering into this Agreement, and by the full and faithful observance and performance of individual parties’ duties, obligations and responsibilities, a mutually satisfactory relationship between them shall be established and maintained. In consideration of the matters described above, and for the mutual benefits and obligations set forth in this Agreement, the parties agree, as follows:
MEMBER is nonexclusive Independent Representative who shall use best efforts to sell and promote all services and goods provided by AG and/or its affiliates, with the terms and conditions of this Agreement. Commissions are to be paid on a weekly basis and are subject to change with a 30-day notice. MEMBER assumes the responsibility to routinely consult company publications and published compensation plan for any updates and changes. MEMBER shall be compensated solely by sales commission for the actual non-canceled orders received by AG. AG shall be fully responsible for collecting and handling all local, state or federal tax. MEMBER shall indemnify and hold AG harmless of and free from any and all liability attributable to any collection and handling of MEMBER mandated local, state and federal tax.
INDEPENDENT DISTRIBUTOR RELATIONSHIP
MEMBER understands that as an Independent Representative to AG, that MEMBER is not an employee, franchisee, agent, partner or joint venture of, or licensor to AG. MEMBER will not represent that MEMBER has any relationship with AG other than that of an Independent MEMBER. MEMBER understands that MEMBER is not authorized to, nor will for any reason incur any debt, expense or obligation for or on behalf of AG. MEMBER understands they will have discretion in conducting AG business, provided MEMBER complies with these terms and conditions, and Policies and Procedures. This Agreement shall not create a partnership, joint venture, agency, employer/employee or similar relationship between AG and its affiliates and MEMBER.
The rights and duties of the MEMBER under this Agreement are personal and may not be assigned or delegated without prior written consent of AG and/or its affiliates. As an independent entity, MEMBER understands and acknowledges that MEMBER shall be responsible for his/her own business activities, and that MEMBER has full control over the operation of his/her business. MEMBER is fully responsible for establishing MEMBER’S own goals and business methods including, but not limited to the purchasing of business materials and tools that MEMBER determines are necessary for the operation of its business. MEMBER further affirms that MEMBER shall positively represent AG in the products that it markets and provide quality service to current and potential customers. MEMBER acknowledges that this Agreement permits personally the opportunity to sell products offered by AG. MEMBER shall indemnify and hold AG harmless of and from any and all claims or liability arising as a result of negligence, intentional or other acts of MEMBER or MEMBER agent or representatives.
Any marketing materials that MEMBER designs or has designed must be pre-approved by AG prior to printing. Any AG marketing materials that MEMBER chooses to use may have MEMBER’s personal contact information added to them, but no other change is permitted to be made.
DOMAIN AND BUSINESS NAMES
AEPIC, AEPIC GLOBAL, AG, Aepic UNIVERSITY, or any of the product names cannot be used in a domain name or business name unless authorized by AG.
NO EXTENSION TO WARRANTY
MEMBER is not authorized to extend any warranty or guarantee or to make representations or claims with respect to AG services or goods without expressed written authorization from AG. To be effective, any extension of warranty or representation of services or goods made by MEMBER under the expressed written authorization from AG must be affirmed by AG in writing.