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Terms and Conditions
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TERMS AND CONDITIONS
- I understand that as a Unimed Worldwide
Consultant:
a. I have the right to offer for sale Unimed Worldwide products
and services in accordance with these Terms and Conditions.
b. I have the right to enroll persons in Unimed Worldwide.
c. If qualified, I have the right to earn commissions pursuant
to the Unimed Worldwide Marketing and Compensation Plan.
- I agree to present the Unimed Worldwide
Marketing and Compensation Plan and Unimed Worldwide products
and services as set forth in official Unimed Worldwide literature.
- I agree that as a Unimed Worldwide Consultant
I am an independent contractor, and not an employee, partner,
legal representative, or franchisee of Unimed Worldwide. 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 THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF Unimed
Worldwide FOR FEDERAL OR STATE TAX PURPOSES. Unimed Worldwide
is not responsible for withholding, and shall not withhold or
deduct from my bonuses and commissions, if any, FICA, or taxes
of any kind.
- I have carefully read and agree to comply
with the Unimed Worldwide Policies and Procedures and the Unimed
Worldwide Marketing 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”). I understand that I must be in
good standing, and not in violation of the Agreement, to be
eligible for bonuses or commissions from Unimed Worldwide. I
understand that these Terms and Conditions, the Unimed Worldwide
Policies and Procedures, or the Unimed Worldwide Marketing and
Compensation Plan may be amended at the sole discretion of Unimed
Worldwide, and I agree to abide by all such amendments. Notification
of amendments shall be posted on the Unimed Worldwide website.
Amendments shall become effective 30 days after publication.
The continuation of my Unimed Worldwide business or my acceptance
of bonuses or commissions shall constitute my acceptance of
any and all amendments.
- The term of this Agreement is one year.
If I fail to annually renew my Unimed Worldwide business, or
if it is canceled or terminated for any reason, I understand
that I will permanently lose all rights as a Consultant. I shall
not be eligible to sell Unimed Worldwide products and services
nor shall I be eligible to receive commissions, bonuses, or
other income resulting from the activities of my former downline
sales organization. In the event of cancellation, termination
or nonrenewal, I waive all rights I have, including but not
limited to property rights, to my former downline organization
and to any bonuses, commissions or other remuneration derived
through the sales and other activities of my former downline
organization. Unimed Worldwide reserves the right to terminate
all Consultant Agreements upon 30 days notice if the Company
elects to: (1) cease business operations; (2) dissolve as a
business entity; or (3) terminate distribution of its products
and/or services via direct selling channels. Consultant may
cancel this Agreement at any time, and for any reason, upon
written notice to Unimed Worldwide at its principal business
address. Unimed Worldwide may cancel this Agreement for any
reason upon 30 days advance written notice to Consultant.
- I may not assign any rights or delegate
my duties under the Agreement without the prior written consent
of Unimed Worldwide. Any attempt to transfer or assign the Agreement
without the express written consent of Unimed Worldwide renders
the Agreement voidable at the option of Unimed Worldwide and
may result in termination of my business.
- I understand that if I fail to comply with
the terms of the Agreement, Unimed Worldwide may, at its discretion,
impose upon me disciplinary action as set forth in the Policies
and Procedures. If I am in breach, default or violation of the
Agreement at termination, I shall not be entitled to receive
any further bonuses or commissions, whether or not the sales
for such bonuses or commissions have been completed.
- Unimed Worldwide, its parent or affiliated
companies, directors, officers, shareholders, employees, assigns,
and agents (collectively referred to as “affiliates”),
shall not be liable for, and I release Unimed Worldwide and
its affiliates from, all claims for consequential and exemplary
damages for any claim or cause of action relating to the Agreement.
I further agree to release Unimed Worldwide and its affiliates
from all liability arising from or relating to the promotion
or operation of my Unimed Worldwide business and any activities
related to it (e.g., the presentation of Unimed Worldwide products
or the Unimed Worldwide Marketing and Compensation Plan, the
operation of a motor vehicle, the lease of meeting or training
facilities, etc.), and agree to indemnify Unimed Worldwide for
any liability, damages, fines, penalties, or other awards arising
from any unauthorized conduct that I undertake in operating
my business.
- The Agreement, in its current form and
as amended by Unimed Worldwide at its discretion, constitutes
the entire contract between Unimed Worldwide and myself. Any
promises, representations, offers, or other communications not
expressly set forth in the Agreement are of no force or effect.
- Any waiver by Unimed Worldwide of any breach
of the Agreement must be in writing and signed by an authorized
officer of Unimed Worldwide. Waiver by Unimed Worldwide of any
breach of the Agreement by me shall not operate or be construed
as a waiver of any subsequent breach.
- If any provision of the Agreement is held
to be invalid or unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable, and the
balance of the Agreement will remain in full force and effect.
- This Agreement will be governed by and
construed in accordance with the laws of the State of New Jersey
without regard to principles of conflicts of laws. All disputes
and claims relating to Unimed Worldwide, the Consultant Agreement,
the Unimed Worldwide Marketing and Compensation Plan or its
products and services, the rights and obligations of an independent
Consultant and Unimed Worldwide, or any other claims or causes
of action relating to the performance of either an independent
Consultant or Unimed Worldwide under the Agreement or the Unimed
Worldwide Policies and Procedures shall be settled totally and
finally by arbitration in Edison, New Jersey, or such other
location as Unimed Worldwide prescribes, in accordance with
the Federal Arbitration Act and the Commercial Arbitration Rules
of the American Arbitration Association, except that all parties
shall be entitled to discovery rights allowed under the Federal
Rules of Civil Procedure. All issues related to arbitration
shall be governed by the Federal Arbitration Act. The decision
of the arbitrator shall be final and binding on the parties
and may, if necessary, be reduced to a judgment in any court
of competent jurisdiction. Each party to the arbitration shall
be responsible for its own costs and expenses of arbitration,
including legal and filing fees. This agreement to arbitrate
shall survive any termination or expiration of the Agreement.
Nothing in the Agreement shall prevent Unimed Worldwide from
applying to and obtaining from any court having jurisdiction
a writ of attachment, garnishment, temporary injunction, preliminary
injunction, permanent injunction or other equitable relief available
to safeguard and protect its interest prior to, during or following
the filing of any arbitration or other proceeding or pending
the rendition of a decision or award in connection with any
arbitration or other proceeding.
- The parties consent to jurisdiction and
venue before any federal or state court in Middlesex County,
State of New Jersey, for purposes of enforcing an award by an
arbitrator or any other matter not subject to arbitration.
- Louisiana Residents: Notwithstanding the
foregoing, Louisiana residents may bring an action against the
Company with jurisdiction and venue as provided by Louisiana
law.
- Montana Residents: A Montana resident may
cancel his or her Consultant Agreement within 15 days from the
date of enrollment, and may return his or her starter kit for
a full refund within such time period.
- If a Consultant wishes to bring an action
against Unimed Worldwide for any act or omission relating to
or arising from the Agreement, such action must be brought within
one year from the date of the alleged conduct giving rise to
the cause of action. Failure to bring such action within such
time shall bar all claims against Unimed Worldwide for such
act or omission. Consultant waives all claims that any other
statutes of limitation apply.
- I authorize Unimed Worldwide to use my
name, photograph, personal story and/or likeness in advertising
or promotional materials and waive all claims for remuneration
for such use.
- The electronically submitted copy of the
Agreement shall be treated as an original in all respects.
NOTICE OF RIGHT TO CANCEL
You may CANCEL this transaction, without any
penalty or obligation, within THREE BUSINESS DAYS from the above
date (5 business days for Alaska residents). If you cancel, any
property traded in, any payments made by you under the contract
or sale, and any negotiable instrument executed by you will be
returned within TEN BUSINESS DAYS following receipt by the seller
of your cancellation notice, and any security interest arising
out of the transaction will be canceled. If you cancel, you must
make available to the seller at your residence, in substantially
as good condition as when received, any goods delivered to you
under this contract or sale, or you may, if you wish, comply with
the instructions of the seller regarding the return shipment of
the goods at the seller’s expense and risk. If you do make
the goods available to the seller and the seller does not pick
them up within 20 days of the date of your Notice of Cancellation,
you may retain or dispose of the goods without any further obligation.
If you fail to make the goods available to the seller, or if you
agree to return the goods to the seller and fail to do so, then
you remain liable for performance of all obligations under the
contract. To cancel this transaction, mail or deliver a signed
and dated copy of this Cancellation Notice or any other written
notice, or send a telegram, to Unimed Worldwide, 105 Newfield
Avenue, Suite F, Edison, NJ 08837, NOT LATER THAN MIDNIGHT of
the third business day following the date set forth above. |