Terms of Agreement
1. I, the undersigned applicant am of legal age in the state in which this
agreement has been executed by me and understand this Agreement is not binding
until receipt and acceptance by Healing America hereinafter (COMPANY) at its
home office in Owensboro, KY.
2. I understand that there is no charge or purchase requirement to become a
COMPANY Registered Associate. I agree to represent the COMPANY Compensation Plan
fairly and completely emphasizing that retail sales are a requirement and that
no fee can be derived from the mere act of recruiting.
3. I agree to operate my business in accordance with all rules, regulations and
policies set forth by COMPANY in this Agreement and the Associate Guide.
4. I will become an Independent Contractor upon acceptance of this application
by COMPANY at its offices in Owensboro, KY and will at that time have the right
to sell COMPANY products and services in accordance with the COMPANY
Compensation Plan. The COMPANY reserves the right to decline this application at
its discretion.
5. This agreement may not be assigned or transferred without written consent of
the COMPANY. I understand that my Registered Associate Business can be inherited
or bequeathed, but cannot be transferred or assigned during my lifetime without
written consent of the COMPANY which consent will not be unreasonably withheld.
6. As a COMPANY Registered Associate, I am an Independent Contractor who
establishes the sale of the franchise, distributorship or security.
7. I understand that I may not use the COMPANY trademarks, trade names, service
marks or registrations except in materials provided by the COMPANY. I understand
that promotions and all materials using the COMPANY and associated company
trademarks logos or registrations must have prior written approval.
8. I acknowledge that I am an Independent Contractor and will comply with
Federal State and local laws in the practice of my business. I understand and
agree that I will not be treated as an employee with respect to such services
for Federal or state tax purposes, including but not limited to the Federal
Insurance Contribution Act, the Social Security Act, the Federal Employment
Unemployment Tax Act, Income tax withholding at source or for any federal state
and federal income taxes as required by law.
9. I understand that the COMPANY has the right to initiate any action it deems
appropriate including terminating any individual or company from participating.
10. I certify that neither the COMPANY nor my sponsor have made any claims of
guaranteed earnings or representations of anticipated earnings that might result
from my efforts. I understand that I may not make any verbal or written
statements regarding claims with regards to income or potential earnings that
might result from my efforts. I understand that the COMPANY has not licensed or
authorized me to give financial advice or opinions.
11. I understand that no attorney general or other regulatory authority ever
reviews, endorses or approves any product, membership, compensation program or
company, and I will make no such claim to others. In the event a question shall
arise concerning legal compliance by the COMPANY such shall be submitted to the
COMPANY's Legal Department in writing.
12. I agree to indemnify and to hold the COMPANY harmless from any and all
claims, damages and expenses, including attorney fees arising out of my actions
and any conduct in violation of this agreement.
13. I hereby agree that I must train my personal sales organization. This
includes advising each person in my personal sales organization of all the rules
and regulations contained in the Associate Guide.
14. I understand and will abide by all the COMPANY policies, rules and
regulations as stated in this Agreement and the Associate Guide. Further I
expressly agree that all of the terms and conditions in the Associate Guide are
herein incorporated by reference and for all purposes shall constitute part of
this Agreement.
15. I agree to refrain from producing selling and using any written, recorded
other promotional or advertising materials which have not been approved in
writing or provided by the COMPANY.
16. If I recruit other Registered Associates, I agree to perform a bonafide
supervisory, distributive and selling function in the connection with the sale
of the COMPANY's goods and services to the ultimate consumer.
17. I do not hold a beneficial interest in any other Registered Associate
Business other than my spouse's which is directly connected to my registered
Associate Business.
18. I understand that I have the right to terminate my Registered Associate
Business status at any time by sending written notice to the COMPANY. Such
voluntary termination is effective upon receipt of such notice by the COMPANY
and I may not reapply for a period of six months from date of termination. I
also understand and agree that the COMPANY may involuntarily suspend and or
terminate for cause, my Registered Associate Business status at any time upon
the notice stated in the Associate Guide.
19. I understand that I am entitled to refund or replacement for products
purchased by me pursuant to the refund policy stated in the Associate Guide and
I agree to abide by the COMPANY Retail Customer Refund Policy contained therein.
20. In order to receive commissions and overrides. I understand that I must
comply with the COMPANY 70% Rule and Retail Sales Rule contained in the
Associate Guide.
21. If under any applicable law or rule of any jurisdiction, any provision of
this Agreement is held to be invalid or unenforceable, then the COMPANY shall
have the right to modify such provision to the extent required to make it valid
or enforceable. Such modification shall be effective only in the jurisdiction
where it is required.
22. I agree as a condition of my receipt of commissions SA's residing in the
states of Georgia, North Dakota, Indiana, Michigan and West Virginia are limited
to $500 in SA purchases during their first six months as an SA. SA purchases
shall be automatically modified to comply with the exemption requirement set
forth in any state’s laws regulating business opportunities.
23. This Agreement and the COMPANY Associate Guide which are hereto made a part
of this agreement constitute the entire Agreement between me and the COMPANY and
no other promises, representation, guaranties or agreements of any kind shall be
valid unless in writing and signed by both partners, except as provided herein.
24. This Agreement is not intended and shall not be constituted to created a
relationship of employer, employee, agency, partnership or joint venture between
myself and the COMPANY. I understand that I have no authority to bind the
COMPANY to any obligation.
25. I understand that the COMPANY rules, regulations and the Associate Guide may
be amended by the COMPANY from time to time. I also understand the COMPANY may
amend the COMPANY Compensation Plan from time to time and I will be bound by it.
Any such amendments will be published in the appropriate COMPANY literature and
become effective upon publication. In the event of any conflict in terms on this
Agreement or the Marketing Plan and any such amendment, the amendment will
continue.
26. During the term of the Registered Associate agreement or renewal, Registered
Associates shall not sell to other COMPANY Registered Associates non-COMPANY
products or services or in any way promote to the COMPANY Registered Associates
(other than those Registered Associates personally recruited) opportunities in
marketing programs of other companies. The promotion of products or services not
associated with the COMPANY will not be tolerated at any place of business
designated for the COMPANY.
27. On a periodic basis the COMPANY may supply confidential information in the
form of data, genealogies, reports and other material which will provide
information to the Registered Associate concerning their organization. The
Registered Associate agrees upon receipt of said information that such
information is proprietary and confidential to the COMPANY and is transmitted to
the Registered Associate in strictest confidence. The Registered Associate
agrees that he or she will keep the information confidential and not disclose
such information to any third party directly or indirectly, nor use the
information to compete with the COMPANY, directly or indirectly.
28. I understand and agree that the liability of the COMPANY and its officers,
directors and shareholders to Independent Contractors for any claim whatsoever
related to the relationship of the COMPANY and any Independent Contractor,
including any cause of action sounding in contract for or strict liability,
shall not exceed and be limited to the amount of unsold and unused COMPANY
product inventory owned by the Independent contractor. In no event shall the
COMPANY be liable to any Independent Contractor for any incidental, special,
exemplary, or consequential damages.
29. I understand and agree that except as set forth in the COMPANY Associate
Guide, all claims and disputes relating to this Agreement, the right and
obligation of the parties or any other claims or causes of actions relating to
the performance of totally and finally by arbitration in the City of Owensboro,
State of Kentucky in accordance with the Federal Arbitration Act and the
Commercial Rules of the American Arbitration Association. This Agreement is
performable in Daviess County, Kentucky and governed by the laws of the State of
Kentucky.
30. Notice shall be deemed given when delivered in person or when deposited in
the US Mail or with a national overnight delivery service to either party at the
address provided in this Agreement. All mail must be certified to show actual
mail date.
31. You may use your credit card for purchases of the COMPANY products, however,
you may only use your card for your own purchases. You may not use your card to
purchase product for another associate.
Refund and Exchange Policy
Initial Product Orders
NO PURCHASE IS NECESSARY (other than a Business starter kit) to become
a registered marketing associate of Healing America.
Refund Policy
Any and all products purchased by a newly registered associate on their initial product order are covered by the following standard Refund & Exchange Policy:
Reorder Exchange Policy
The exchange policy is in effect for ALL associates placing reorders and must be requested within 120 days of original purchase. All reorders are on an exchange basis only, NO REFUNDS WILL BE ISSUED.