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HEALTH FIRST TECHNOLOGIES, INC. INDEPENDENT DISTRIBUTOR POLICIES & PROCEDURES AGREEMENT
I hereby apply to become an Independent Active Distributor for Health First Technologies, Inc. (HFT) and to participate in their marketing plan. AS AN INDEPENDENT CONTRACTOR (ACTIVE DISTRIBUTOR), AND IN CONSIDERATION OF THE MUTUAL TERMS AND CONDITIONS CONTAINED HEREIN, I UNDERSTAND AND AGREE TO THE FOLLOWING:
1. I am of legal age in the state of my residency. I agree that I am an Independent Contractor, responsible for determining my own business activities and not a legal agent, employee or legal Independent Representative of HFT. I will not represent in any manner that I am an agent or legal Independent Representative of HFT. I am responsible for the payment of all federal and state self employment taxes and any other tax(s) required under any federal, state or regulatory taxing agency. I am responsible to pay all sales taxes.
2. I clearly understand that this position does not constitute the sale of a franchise or of a distributorship and that there is no fee required to become an Independent Active Distributor. In fact, at the time of my activation as a Distributor I am simply purchasing my choice of 3 or more QP Points worth of Nutritional Products.
3. I agree that as a HFT Independent Active Distributor, I shall place primary emphasis upon the sale of HFT products. In addition, I understand that Independent Active Distributors resident in the States of Maine, North Dakota, Michigan, Indiana, Iowa, and West Virginia are limited to $495.00 in sales aids purchases as an Independent Active Distributor from HFT during the first six months of Independent Active Distributor status. Permissible sales aids for Independent Active Distributor purchases shall be automatically modified to comply with the exemption requirements set forth in any state's laws regulating business opportunities.
4. In presenting the Health First Technologies, Inc. program and the Independent Active Distributor position to prospects, I agree that such presentations shall adhere strictly to the following format and that I will be terminated as an Independent Active Distributor if I fail to do so. In each presentation of the Independent Active Distributor position, the prospect shall be directly informed that they can become an Independent Active Distributor for free by simply purchasing 3 or more QP points worth of HFT's Nutritional Products (each individual Nutritional Product equals 1 QP point and each Nutritional Product Package equals 3 QP points).
5. I clearly understand that in order for HFT to maintain a viable Marketing Program, compensate for cost increases for their products and services or to comply with changes in federal, state or local laws or any other economic conditions that may arise, HFT may change Policies and Procedures for Independent Active Distributors, modify its Independent Active Distributor Compensation Program and/or modify pricing on any of its products or services from time to time, without advance written notice. I also clearly understand that such changes will become effective immediately upon such change by HFT and, where applicable, will become a binding part of this Agreement.
6. I understand that no attorney general or other regulatory authority ever reviews, endorses or approves any product, compensation program or company, and that I will make no such claim to others.
7. I understand and agree that when becoming an Active Distributor for HFT, I am doing so with the clear understanding that the products that I purchase during said activation are Non-Refundable after 10 days from the date of my activation. I also clearly understand and agree that in order to qualify under this section, I must take full receipt of the products, purchased at the time of my activation, when they are delivered to me. I also clearly understand and agree that, if I do not accept delivery on said products, said 10 day refund policy becomes null and void. In addition, if there are any additional shipping costs involved in the return of said refused products, I will be responsible for said shipping costs. Finally, I fully understand and agree that I will be charged a handling fee of $1 per bottle on any such return. In the event of my breach of the above, I authorize HFT to utilize any payment method that I have provided to them to recoup said shipping charges and handling fees. I also understand that a Signature confirmation code is required on all products that I return to HFT, regardless of the reason.
8. I clearly understand and agree that, in the event that I have authorized HFT to keep an Auto-Ship order in place for me on a monthly basis utilizing a payment method that I have also authorized to cover the cost of said Auto-Ship, I am required to notify HFT in writing of any changes to, or cancellation of, said Auto-Ship order a minimum of thirty (30) days in advance of the scheduled ship date of said Auto-Ship order. I also understand and agree that in the event that said notification by me is received less than thirty (30) days in advance of said scheduled and authorized Auto-Ship order, HFT has my authorization to use the payment method that I have on file with them to pay for said scheduled and authorized Auto-Ship order and send said order to me as scheduled. In that event, the 100% money-back guarantee policies referred to in section 9 of this Agreement will then apply and both HFT and myself will abide by such policies.
9. I clearly understand and agree that after the first order that is placed at the time of my activation, HFT has an additional 100% money back Guarantee on the first auto-ship order that is processed. Under this unconditional money back guarantee, I can return the product from that first Auto-Ship order within 30 days from the date the order was originally processed by HFT for a replacement or complete refund (see No. 7 for exceptions). In the event of such a return by me, I understand and agree that a Signature Confirmation Code is required. I also clearly understand and agree that, if I refuse any shipment of product sent to me by HFT, said 100% money back guarantee will immediately become null and void. In addition, if there are any additional shipping costs involved in the return of said refused item, I will be responsible for said shipping costs. Finally, I fully understand that HFT will also charge me a handling fee of $1 per bottle on any such voided or unauthorized return. If that should occur, I authorize HFT to utilize any payment method that I have provided to HFT to recoup said shipping charges and handling fees.
10. I fully understand and agree that the act of returning or refusing any product order, either complete or partial, for a credit will immediately cause an Independent Active Distributor to be placed in the termination file. They also understand that no 2-D or 3-D bonus will be paid to their sponsor. These actions will be taken by HFT regardless of the final disposition of said requested credit or refusal.
11. I understand that my Independent Active Distributor position can be inherited or bequeathed but cannot be transferred, assigned or sold during my lifetime without the written consent of HFT. I also understand that such consent will not be unreasonably withheld by HFT.
12. This Agreement shall be deemed in effect upon its receipt and acceptance by Health First Technologies, Inc.
13. I will not promote my Independent Active Distributor business nor use the HFT name, or other trade names, logos, sales materials, trademarks or service marks of Health First Technologies, Inc., except with materials provided by HFT or approved in writing by Health First Technologies, Inc.
14. HFT provides the following fulfillment to its Independent Active Distributors and/or Customers: Shipment of Health and related products upon Active Distributor and/or Customer request and full payment in advance. Acceptable forms of payment are credit card, money order, cashiers check, certified funds, Western Union and bank-to-bank wire transfers. Commissions are payable to Independent Active Distributors according to the posted HFT Compensation Plan, which is available via the Internet.
15. I will not make false or misleading statements about the HFT Independent Active Distributor position. I also agree that the display of commission checks and the making of income projections to prospective Independent Active Distributors are prohibited and could result in immediate termination by HFT.
16. I also understand that if I have 2 months of continuous inactivity as an Independent Active Distributor, my Independent Active Distributor position will be automatically terminated.
17. I fully understand and agree that during the term of this Agreement and for 180 days thereafter, I shall not, directly or indirectly, solicit Independent Active Distributors of Health First Technologies, Inc. for other business, with the exception of my personally sponsored Independent Active Distributors. Any violation of this section will result in immediate termination by HFT, the forfeiture of any and all commissions due said violating Independent Active Distributor and possible legal actions by HFT.
18. I understand and agree that the laws of the state of Nevada govern this Agreement. I also understand and agree that any claim, dispute or other difference between HFT or myself shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association with arbitration to occur at Carson City, Nevada (For Louisiana Independent Sales Representatives arbitrate at New Orleans, Louisiana). I also agree that the findings of said Arbitration Agency will be considered the final ruling for said dispute or other difference.
19. I understand and agree that I am required to sell or distribute the majority in dollar costs (over 50%) of my wholesale product orders to non-Active consumers prior to reordering product. Retail Sales records shall be maintained and are subject to review and verification upon HFT's request.
20. I understand and agree that my compensation will consist solely of commissions, overrides and/or bonuses relating to product sales or other output derived from product sales, solicitations or orders.
21. I further certify that neither HFT nor their sponsor has made any claims of guaranteed earnings or representations of anticipated earnings that might result for my effort as an Independent Active Distributor. I also understand that my success as an Independent Active Distributor comes from my retail sales, service, and training of others and the development of a network marketing team, not from efforts by HFT and/or its employees and or agents.
22. I understand and agree that either HFT or myself may terminate this Agreement for just cause only by giving 30-day notice to the other party in writing. I also agree that this Agreement shall be binding upon the successors and assigns of both HFT and myself.
23. I understand and agree that, as a Health First Technologies, Inc. Independent Active Distributor, I have no authority to bind HFT to any obligation and may not use HFT's name in any form. I also agree to hold HFT harmless and indemnify HFT, its officers and shareholders against any and all claims, damages or liability arising out of the conduct of my business as an Independent Active Distributor. In addition I understand and agree that, in no event, shall HFT be liable to me for any incidental, special, exemplary or consequential damages.
24. I hereby agree that I will neither re-package nor re-label HFT's goods or services, nor will I sell said goods or services under any other name or label.
25. I understand that as an Independent Active Distributor, I am not guaranteed any income, nor am I assured of any profit or success. I also fully acknowledge that I have read and fully understand the compensation plan and that I can only make commissions upon the selling of HFT's products and services.
26. Anti-Spam Policy - Spamming is the sending of unauthorized and unsolicited e-mail, usually in bulk. I agree not to Spam, from or about, my HFT website. I clearly understand that Spamming will cause me to be terminated by HFT immediately and to lose any and all commissions still owing to me.
27. I acknowledges that my sponsor has informed me that no fee in addition to product purchases is required, or is a means by which to become an Independent Active Distributor, and that a first-time product customer must wait 3 days after the date of their first customer transaction before applying to become a HFT Independent Active Distributor. I also understand that Oregon and Connecticut residents must wait a minimum of seven days after application date to order any optional services or sales aids. However, the HFT products may be ordered.
28. I clearly understand and acknowledge that any commissions that have been paid to me, may be deducted from my future commissions if a product is returned, a product and/or Independent Active Distributor application payment does not clear, a customer/Independent Active Distributor cancels within their allowable time period, a customer or Distributor creates a charge back against their credit card, or for any other justified reason.
29. Leadership Expansion Bonuses: I understand that in order to collect my share of Level 1 of the monthly Leadership Pools, I must be qualified by purchasing or selling a minimum of 1 order containing 3 QP Points worth of products within that month. In addition, I must have a minimum of 3 personally referred people that are each purchasing and/or selling a minimum of 1 order containing 3 QP Points worth of products per month with each having a minimum of 3 personally referred people each purchasing or selling a minimum of 1 order containing 3 QP Points worth of products per month. I understand that in order to collect my share Level 1 & 2 of the monthly Leadership Pools, I must be qualified by purchasing or selling a minimum of 1 order containing 3 QP Points worth of products within that month. In addition, I must have a minimum of 5 personally referred people that are each purchasing and/or selling a minimum of 1 order containing 3 QP Points worth of products per month with each having a minimum of 3 personally referred people each purchasing or selling a minimum of 1 order containing 3 QP Points worth of products per month. I understand that in order to collect my share Level 1, 2 & 3 of the monthly Leadership Pools, I must be qualified by purchasing or selling a minimum of 1 order containing 3 QP Points worth of products within that month. In addition, I must have a minimum of 10 personally referred people that are each purchasing and/or selling a minimum of 1 order containing 3 QP Points worth of products per month with each having a minimum of 3 personally referred people each purchasing or selling a minimum of 1 order containing 3 QP Points worth of products per month. I understand that in order to collect my share Level 1, 2, 3 & 4 of the monthly Leadership Pools, I must be qualified by purchasing or selling a minimum of 1 order containing 3 QP Points worth of products within that month. In addition, I must have a minimum of 25 personally referred people that are each purchasing and/or selling a minimum of 1 order containing 3 QP Points worth of products per month with each having a minimum of 3 personally referred people each purchasing or selling a minimum of 1 order containing 3 QP Points worth of products per month.
30. 2-D & 3-D Bonuses: I understand and agree that and/or all of my personally sponsored Independent Active Distributors that personally purchase and/or sell a minimum of 1 order containing 3 QP points worth of products in any given 5 day cycle, will combine to create 2-D and 3-D Bonus Groups, for that cycle, in the order in which the sponsored Independent Active Distributors purchase (by time and date purchased). I also understand that each time a personally sponsored Independent Active Distributor purchases an additional order containing 3 QP points worth of products in any given cycle, that Independent Active Distributor's purchase will become another leg of a 2-D and/or 3-D for me. It is also understood by me that there is no limit to the number of 2-D and 3-D groups that can be created in any given cycle. I understand and full agree that in order for me to qualify to receive any of my 2-D and/or 3-D bonuses due me each cycle, I must have personally purchased a minimum of 1 order containing 3QP points or more within the prior 6 cycles, and have a qualified auto-ship in place, for a minimum of 3 QV points worth of products. In the event, in any given cycle, that there are 2-D and/or 3-D bonuses due me, and I have not qualified to receive them, as stated above in this section, I will permanently lose all said bonuses for that cycle.
31. Powerline Power Pool Bonuses (PLPP): I have read, studied and completely understand the PLPP Bonuses on the HFT website and how I am compensated by my participation and qualification in each of those pools.
32. I will not make any claims of any kind, medically or otherwise, as to what illnesses or other disorders the HFT products can, or will, cure or correct. I clearly understand that, if I do, I will be subject to immediate termination by HFT.
33. I understands and agree that the tracking of and compliance with all HFT commission qualification requirements is 100% my responsibility, Not HFT's, and I will not hold HFT responsible for any lost commissions that result from my failure to meet those said commission qualification requirements.
34. I understand and agree that HFT will not accept any changes of any kind (cancellations, Auto-Ship changes, etc.) from anyone other than me even if said changes are made by a person who has arranged to provide the payment arrangements with HFT for me.
35. I clearly understand that in the event that I use a credit card of my own to pay for the activation of another Independent Active Distributor, I am required to provide precise written instructions as to whether or not said credit card will be used as the payment method for that individual's monthly Auto-Ship order. As part of those instructions, I will also provide a clear statement of authorization for said use of said credit card on behalf of said individual.
36. Independent Active Distributor understands and agrees that the act of returning or refusing an Auto-Ship order, either partial or complete, for a credit, will immediately cause said Distributor to lose any residuals or other bonuses for the month of the return. In addition, they will not be considered a 2-D/3-D qualifier for their sponsor. These actions will be taken by HFT regardless of the final disposition of said requested credit or refusal. |
