These are the Terms and Conditions referred to in the Independent Business Owner (IBO) Application to become a Lifetree World Distributor.
I hereby submit my Application to become an Independent Business Owner (IBO) of Lifetree World & its Products. My application and this Agreement become effective on the date it is accepted by Lifetree World. Lifetree World may accept or refuse my Application at its own discretion. I certify that I am aged 18 or more and in full capacity to enter into an enforceable contract in England.
1.Parties. I agree that I am contracting with Lifetree World for the purchase of its Products. I understand that the Head Office of Lifetree World is Calico House, Suite 2, Levenshulme Trading Estate, Printworks Lane, Manchester, M19 3JP.
2.Agreement. Unless otherwise defined herein, all capitalized terms shall have the same meaning assigned to such terms in the Policies and Procedures. The term “Agreement”shall mean the IBO Application, the Compensation Plan, and the Policies and Procedures and or situationspecific addendum(s) thereto, and any other written agreement between the IBO and the Lifetree World. I hereby agree to be bound by the Agreement.
3.Customer Refunds and Product Returns. I understand that should I resell any product directly to a Customer, I am adhering to Lifetree World’s 100% satisfaction guarantee policy and shall provide the Customer a full refund of all monies paid if the Customer returns the Product to me within fourteen (14) calendar days of the sales transaction. Lifetree World will only accept unopened products in original packaging and undamaged for return within fourteen (14) calendar days.
4.Cancellation. I understand that I may cancel this Agreement, without a penalty, within 14 days of entering into it and that if I do so I am entitled to recover all monies paid to Lifetree World. However, the TRANSACTION CHARGES of 7% on total amount of order will be deducted on each order placed. Cancellation must be effected by sending written notice to the Head office of Lifetree World Calico House, Suite 2,Levenshulme Trading Estate, Printworks Lane, Manchester, M19 3JP or via email to: firstname.lastname@example.org. I agree that the email notice must be from my email of record and include my name, IBO identification number, password, and address. The written notice must also include my signature.
5.Independent Contractor. As a Lifetree World IBO I fully agree that I am an independentcontractor, and should not consider myself to be an agent, employee, partner, legalrepresentative, or franchisee of Lifetree World. I also 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 recognize that i shall not be treated as an employee of Lifetree world for any purpose and that Lifetree World shall not be responsible for any sick leave, tax, or similar matters, or for the procuring or establishment of workers’ compensation insurance or other insurance or any superannuation in respect of my activities. Whereas, During the term of this Agreement and for a period of one (1) year after the expiration or termination of this Agreement for any reason, I agree that I will not: (a) directly or indirectly induce any contractor or IBOs to patronize any similar business; (b) directly or indirectly request or advise any contractor or IBO to withdraw, curtail, or cancel their association with Lifetree World; (c) directly or indirectly disclose to any other person, partnership, corporation or association, the names or addresses of any of the contractors or IBOs; (d) induce or attempt to induce any employee, agent or former employee or agent to leave the employment with Lifetree World, or hire any such employee, agent or former employee or agent in any business or capacity or (e) make any statement disparaging about any member, principal, officer, director, shareholder, employee or agent thereof, to any person,firm, corporation or other business organization whatsoever. This is not a contract for the supply of services or the performance of any work by me.
6.Bonus Payments. I fully understand that any Bonuses will be paid in accordance with the then current Compensation Plan and are made for marketing services provided by me. In addition Lifetree World can change Compensation Plan at any time giving me at least 30 days’ notice. I am not to be in breach of the Agreement to be eligible for payment. I agree that Lifetree World may suspend or revoke payment if I am in breach of any term or condition of the Agreement and may also debit my account if I owe money.
7.Rights. I fully agree that I will not have any financial obligation to Lifetree World during the term of this Agree- ment. I understand that I need to pay for Products or Services that I order. Lifetree World must provide me with 30 Days written notice if there is to be any change in these financial obligations. I understand that as a Lifetree World IBO, I have the right (but not the obligation) to:
- buy Products from Lifetree World in accordance with these Terms and Conditions in such a manner as Lifetree World may time to time allow in relation to its IBO generally and only on a direct selling basis and not through retail outlets except to the extent from time to time permitted by Lifetree World; recommend persons for acceptance as a IBO of Lifetree World (subject to acceptance by Lifetree World); and
- Earn Bonuses and other Rewards (if qualified) pursuant to the Compensation Plan that will be awarded on the same basis as it allows to its IBO\'S generally in respect of legitimate sales of Lifetree World Products, and not in respect of the mere introduction of new IBO to Lifetree World.
8.Adjustments to Bonuses. If for any reason a Product is returned to Lifetree World for a refund, the bonuses attributable to the returned product(s) will be deducted from the Bonus period in which the refund is given, and continuing every pay period thereafter until the Bonus is recovered from the IBO who received Bonuses on the sales of the refunded Products. Furthermore, I agree that if I voluntarily terminate the Agreement Lifetree World shall be entitled to recover any commission paid to me provided that:
(1) the commission was paid in respect of Products returned to Lifetree World;
(2) Lifetree World has refunded all monies due to me under the Agreement in respect of Products returned by me; and
(3) the claim to recover the commission is made within 14 working days of the date of the commission being paid.
9.Compliance with Laws. I Agree to comply with all applicable laws relevant to conduct of my activities as an IBO under this Agreement. In particular (but without limitation), I am to not make any actual or potentially misleading or deceptive claims in relation to Lifetree World Products. I agree to be bound by the term that maximum weekly purchasing limit per IBO must not exceed £200.
10.Privacy. Lifetree World is committed to gathering and using personal information in a fair and lawful manner, ensuring its accuracy, keeping personal information only for lawful purposes, not using or revealing such information in a manner incompatible with such purposes, and taking suitable security measures against unauthorized access, disclosure or destruction in accordance with the provisions of any legislation regarding personal information in the country I am operating in. As well as this, the personal information provided by the IBO in connection with its application to become a IBO, the IBO must understand that other personal information will be collected by Lifetree World, including information generated as a result of their work as a IBO, such as sales figures and other performance details photographs, advancement information, status, or other business related information (collectively referred to as “Personal Information”). I agree that the Personal Information will be retained by Lifetree World and will be used by Lifetree World for marketing and other administration purposes. I agree that Lifetree World may from time to time disclose this Personal Information in connection with such purposes to other members of Lifetree World’s group and to other IBO, all of whom may communicate with me, including via electronic messages. I consent to Lifetree World collecting, retaining, processing and disclosing Personal Information referred to above. Such information will be held by Lifetree World. I understand that I have rights of access to, and correction of, this information.
11.Term and Termination. The term of this Agreement is for the duration of IBO\'s association with Lifetree World, subject to earlier termination in accordance with this Agreement or in accordance with law. If the Agreement is not renewed, or if it is terminated for any reason, I understand that my right to sell Lifetree World Products and receive Bonuses in respect of my activities as an IBO will discontinue. Lifetree World reserves the right to terminate this Agreement at any time after 90 days from its acceptance hereof if I have not ordered any product or service for 90 consecutive days, if Lifetree World elects to:
(a) cease business operations;
(b) dissolve as a business entity; or
(c) terminate distribution of its Products via direct selling channels, or at any time without further notice if I breach this Agreement and fail to remedy the breach within 7 days of termination. I am permitted to terminate this Agreement at any time , and for any reason, upon written notice to Lifetree World at: email@example.com or its principal business address upon termination of this Agreement for any reason I need to immediately discontinue any use of Lifetree World materials which are authorised only for use by IBO, upon request by Lifetree World return to Lifetree World any printed materials or literature furnished or made available by Lifetree World for the exclusive use of its IBO, and do such other acts and things as Lifetree World may reasonably require to eliminate any identification or representation of me as a IBO associated with Lifetree World. I obtain the right to return to calica House,Suite 2, Levenshulme trading estate, Printworks Lane, Manchester, M19 3JP any Products I have purchased within a period of 14 days prior to termination and which remain unsold and to recover (1) where I have terminated the agreement, the price (inclusive of Value Added Tax) which I paid for them less: (i) in the case of any Products the condition of which has deteriorated due to an act or default on my part, an amount equal to the diminution in their value resulting from such deterioration; and (ii) a reasonable handling charge of 10%; (2) where Lifetree World has terminated the agreement: (i) the price (inclusive of Value Added Tax) which I paid for them together with any costs incurred by me for returning the Products; (ii)on terms whereby the purchase price is payable upon delivery of the Products or, if the Products are already held by Lifetree World, forthwith, and (iii) on terms whereby the Products not already held by Lifetree World will be delivered within 21 days of such termination at Lifetree World’s expense to the address stated in the agreement
12.No Assignment. I may not assign any rights under this Agreement without the prior written consent of Lifetree World, but may, at my own expense, engage or employ others to conduct, or assist me in conducting my activities as an IBO.
13.Amendments. Lifetree World may find it necessary to amend the Agreement from time to time. Lifetree World agrees to notify me of the amendments, which I may accept or reject. If I reject the amendments, the Agreement will be terminated automatically.
14.Delays. Any delays in the performance of its obligations under this agreement when performance is made commercially impracticable due to circumstances beyond its reasonable control is not the responsibility of Lifetree World.
15.Confidentiality. Except as required by law, I am to keep confidential all information and trade secrets of or used by Lifetree World relating to Lifetree World’s marketing plan system, and Lifetree World’s operations and affairs in general, and all other information treated by Lifetree World as confidential and disclosed by Lifetree World including but not limited to activity reports and IBO Lists to persons other than my officers, agents, employees or advisers. I agree that my obligations under this clause continue notwithstanding termination of this Agreement.
16. Promotion: I agree to fully and actively involve in all the prospective activities for the promotion of Lifetree World. Besides, i agree to remain active throughout in an event of winning any promotional draws, free draws, sales promotion gifts and hampers and others.
18. Release and Indemnification. To the maximum extent permitted by law, Lifetree world and its parent or affiliated companies, directors, officers, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release Lifetree World and its affiliates from , all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement or arising from the promotion or operation of my Lifetree World business and any activities related to it, except such as relate to the inherent quality and fitness of Lifetree World’s Products for which Lifetree World is responsible. I further agree to release the maximum extent permitted by law Lifetree World and its affiliates from all liability arising from or relating to: (a) my breach of this Agreement; (b) the promotion or operation of my Lifetree World business and any activities related to it, including, but not limited to, the presentation of Lifetree World Products or the Lifetree World Marketing and Compensation Plan, the lease of meeting or training facilities, etc., and agree to indemnify Lifetree World and its affiliates for any liability, damages, fines, penalties; (c) any incorrect data or information provided by me to Lifetree World; (d) my failure to provide any information or data necessary for Lifetree World to operate its business; or (e) awards arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify Lifetree World for any liability, damages, fines, penalties or other awards arising from any unauthorized conduct that I undertake in operating my Lifetree World business.
19. Entire agreement. The agreement constitutes the entire contract between Lifetree World and myself. Any promises, representations , offers , or other communications not expressly set forth in the Agreement are of no contractual force or effect.
20. Enforceability and Severability. It is the desire and intent of the parties that the provisions of this section be enforced to the fullest extent permissible under the laws and public policies of all relevant parts of the United Kingdom. Accordingly, if any particular provision of this section shall be adjudicated to be invalid or unenforceable, such provision shall be deemed amended to delete there from the portion thus adjudicated to be invalid or unenforceable. In addition, if the scope of any restriction, undertaking or covenant contained in this section is too broad to permit enforcement thereof to its fullest extent, but that it would be valid and enforceable if certain words were omitted, then such restriction, undertaking or covenant shall be read and construed as if such words were omitted and shall be enforced to the maximum extent permitted by law, and the parties hereby consent and agree that such scope shall be so modified for the purposes of any proceeding brought to enforce such restriction. The terms, conditions, and obligations of this Section shall survive any termination of this Agreement.
21. Packaging and Labeling. I fully agree that I shall refrain from repackaging and relabeling any Lifetree World products.
22. Jurisdictions and Venue. If in an event of a dispute, the prevailing party shall be reimbursed attorney’s fees and reasonable travel and accommodation costs by the other party.
23. Governing Law. This agreement will be governed by and construed in accordance with the laws.