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    Terms & Conditions
     

    EMRO Quantum

    Terms & Conditions

     

     

    The application located on the website (the “Website”) of EMRO Quantum (the “Company”), along with the terms of this “Terms and Conditions” document (these “Terms and Conditions”) and those certain other documents referred to as the “Policies & Procedures,” “Privacy Policy,” and “Refund Policy,” and“Financial Rewards Plan” (referred to hereinafter as, the “Compensation Plan”) are specifically incorporated herein by reference, and are also collectively referred to as, the “Agreement,” by and betweenthe Companyand the applicant (“Applicant”) who is attempting to become an independent sales representative (the, or,an,as applicable, “Independent Sales Representative”)with the Company. The Agreement shall become effective only upon acceptance by the Company, at its corporate headquarters, which is currently located at:


    EMRO Quantum
    201 E Kennedy BLVD

    Tampa, FL 33602
    United States

     

    The Independent Sales Representative hereby AGREES that:

    1. An Applicant becomes, upon acceptance by the Company, an Independent Sales Representative, conducting business for its own account and not as an agent, employee, or franchisee for the Company.  As such,anIndependent Sales Representative must provide his or her  Social Security or Federal Tax Identification Number, as applicable, for tax reporting purposes on any monies earned as required by the Internal Revenue Code.  An Independent Sales Representative should consult his or her attorney or tax consultant for information on monies earned or received.  The Independent Sales Representative further understands that he or she will not be treated as an employee in regard to any laws covering employees.  The Independent Sales Representative is an independent contractorand shall be responsible for obtaining all licenses required by law in whatever state, county, or country in which he or she resides, and pay all applicable fees and taxes.


    2. An Independent Sales Representative who sponsors another Applicant (the “Sponsor”), who becomes an Independent Sales Representative, or receives a bonus or commission on the product sales of such Independent Sales Representative, must fulfill the obligation of performing a bona fide supervisory, distributing, and selling function in the sale or delivery of a product or service to the ultimate consumer (a, or, the, as applicable, “Consumer(s)”) and in the training of those personally sponsored. AnIndependent Sales Representative who sponsors an Applicant who becomes an Independent Contractor, must have ongoing contact, communication, and arrangement with his or her sales organization.  Examples may include, but are not limited to, email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to training sessions at the Company,and sharing genealogy information with those sponsored.  The Sponsor must document andshould be able to provide evidence to the Company of ongoing fulfillment of sponsor responsibilities.

    3. The Independent Sales Representative understands that he or she is not compensated on the basis of his or her position as a Sponsor, but earns compensation solely on the sale of products and/or services to the Consumers.

    4. The Independent Sales Representative is of legal age in the state/province/country in which he/she resides. If the Independent Sales Representative is a corporation, limited liability company, limited liability partnership, or other type of business entity or association then it must comply with all laws governing organizations of its type.

    5.The Independent Sales Representative agrees to accept sole responsibility for all self-employment and all federal, state, and local income taxes,  sales taxes, and any other taxes on income earned as an Independent Sales Representative. The Company will file appropriate tax earnings report forms on each Independent Sales Representative at the close of the calendar year for the amount of commissions and bonuses earned in his or her  country of residence under theAgreement.

    6. The Independent Sales Representative agrees that the Company is not liable for city, county, state, local and country/federal income taxes, sales taxes, or other fees pertaining to sales and earnings of an Independent Sales Representative and that the Independent Sales Representative will hold the Company harmless from all of the same.

    7. The Independent Sales Representative SHALL NOT promote or sell another companies’ sales programs, products, services, or materials on websites where the Company is mentioned, or use the Company forms, printed materials, or its name, prestige, or drawing power in conjunction with or in support of any other activities.

    8. The Independent Sales Representative shall not directly or indirectly sponsor or attempt to sponsor a sales representative from another direct sales and/or network marketing company.  

    9. The Independent Sales Representative shall make no claims as to income potential either written or oral except those prepared by the Company for illustration purposes only.

    10. The Independent Sales Representative shall not make any claims of any kind pertaining to the benefits of the Company’s products and services except those given in official promotional media. When presenting the Company program to others, the Independent Sales Representative shall present the program in its entirety, without omission, distortion, or misrepresentation of the required promotional content. The Independent Sales Representative shall undertake commercially reasonably efforts to ensure that his, her, or its statements and representations complywith all applicable laws.

    11. The Independent Sales Representative shall not represent or imply, directly or indirectly, that the Company has been approved or endorsed by any governmental agency. Such representations are a violation of this “Terms and Conditions.” The Independent Sales Representative understands that Federal and State regulatory agencies do not approve or endorse any marketing company, product, or programs and further represents that the Independent Sales Representative will not make any statement attesting to characteristics of the marketing company, product, or program that are under the purview of any government agency or regulatory body.

    12. The Independent Sales Representative shall indemnify and hold the Company harmless from any and all claims, expenses, costs, causes of action, and damages resulting from or growing out of statements or actions by the Independent Sales Representative that are in violation of the Agreement.

    13. Should the Independent Sales Representative be terminated for any reason, the Independent Sales Representative’s sales organization may be transferred to his/her first active upline
     (as the term is understood by the Company)at the Company's sole discretion.

    14. The Independent Sales Representative understands that at least seventypercent (70%) of all of the applicable distributor’s wholesale purchases must be resold to Consumersthat are not an Independent Sales Representative of the Company.The Independent Sales Representative further agrees that itwill not purchase products solely for qualification for a higher position, bonus, or commission.

    15. All product(s) in resalable condition purchased within ninety (90) days prior to termination may be returned (shipping prepaid). The Company shall repurchase such products at 90% of the original price less any bonus or commissions paid.  All current sales aids and the Company business kit in resalable condition purchased within ninety (90) days prior to terminating may be returned (shipping prepaid). The Company will purchase back such materials at ninety percent (90%) of original price. Any laws in any jurisdiction inconsistent herewith are adopted herein and will be followed.

    16. An Independent Sales Representative who is terminated will be eligible to reapply to the Company three(3) months after termination. Upon reacceptance, the Independent Sales Representative may choose a Sponsor. TheIndependent Sales Representative that was terminated, if reaccepted by the Company, may not sponsor any of her/his original “downline” (as the term is understood by the Company) organization.

    17. The Independent Sales Representative understands that the Company does not permit thechanging of a Sponsor, because it is the Company’s core principal that network marketing is a business of creating relationships. Once an Independent Sales Representative is sponsored, the Company believes in maximum protection of that relationship.

    18. The Independent Sales Representative hereby supplies the Company with his or her  signature for the Company files and understands that this signature is the signature of record for all debit card, ACH, and any future credit card transactions.

    19. An Independent Sales Representative without a sales tax identificationnumber authorizes the Company to remit to proper agencies the sales/use tax generated as a result of Independent Sales Representative’s product sales. The Company shall remit any sales or use taxes as required by law and the Independent Sales Representative agrees to waive any claim to those funds.

    20. The Independent Sales Representative understands that the Company will provide access to the Website, when available, as part of the Independent Sales Representative’s marketing and promotional package. The Company will handle the fulfillment of all sales made through an Independent Sales Representative’s replicated web page and shall deliver all items upon receipt of good funds.

    21. As an independent contractor,the Independent Sales Representative is aware of the contractual obligations that occur when he or she  purchases products or services from the Company. The Independent Sales Representative understands that he or she  maintains a greater responsibility when ordering on a credit card account as an informed Independent Sales Representative than when ordering as aConsumer. TheIndependent Sales Representative therefore waives the right of cancellation or refund on any order placed on his/her credit card account(s) except directly through the Company. Any order returns, refunds, or exchanges shall be done through the Company and not through any credit card company.

    22. In the event that any check, credit card, debit card, or any other method of payment is returned unpaid for products or services sold by the Independent Sales Representative,the Independent Sales Representative hereby authorizes the Company to debit his or her  bankaccount for the face amount plus up to a 10% payment-processing fee.  If said amount remains unpaid, the Independent Sales Representative understands that it could lose his or her status as an Independent Sales Representative and that until his or her account is brought current he or she could forfeit certain rights and privileges, including commissions.

    23.The  Independent Sales Representative understands that residents of Maine, North Dakota, Michigan, Indiana, Iowa, and West Virginia are limited to a total of $495.00 in sales aids and personal wholesale product purchases from the Company during the first six months. Purchases shall be automatically modified to comply with the exemption requirements set forth in any country or state that regulate business opportunities by law.

    24. The Company will pay the Independent Sales Representative commissions and bonuses on orders received and accepted for sale of products to the Consumer (not sales aids) made by the Independent Sales Representative and his/her sales organization under the terms of Compensation Plan.

    25. The Company will retain full authority to accept or reject any application or any order for products. Such refusal is solely within the discretion of the Company.  No right of action against the Company will arise because of any such acceptance or refusal.

    26. The Company reserves the right to amend, revise, institute, alter, or modify changes including but not limited to prices, literature, policies, this Terms and Conditions, the Policies and Procedures, the Privacy Policy, the Refund Policy,and the Compensation Plan. Any such revisions become effective by email, letter(s), or by publication in official Company literature or posted to Independent Sales Representative at his or her last known address. The Independent Sales Representative agrees to be bound by these changes. Changes will become part of the Agreement upon notification. 


    27. The Company isnot responsible for acts beyond its control, including but, not limited to,fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to these Terms and Conditions.

    28. The Company assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).

    29. The Company does not require an Independent Sales Representative to become a Sponsor and does not require any fee, charge, or initial product purchase to be an Independent Sales Representative.

    30. The Company reserves the right to terminate this Terms and Conditions, the Policies and Procedures, or the Agreement,immediately upon receipt of sufficient information or evidence that the Independent Sales Representative has violated any term or condition of this agreement or has otherwise acted illegally or unethically.

    31. The Company will honor refund policies provided by any governmental law applicable to Independent Sales Representative.

    32. The Company requires that any Independent Sales Representative obey the letter and the spirit of the law.

    33. The Independent Sales Representative represents by entering into the Agreement, that it has not violated any non-competition, non-compete, non-solicitation, or confidentiality agreements entered into with any other organization or entity, and by becoming an Independent Sales Representative will not be violating any agreement or contract, including non-competition, non-compete, or non-solicitation agreement entered in with any other organization.

    34. The Independent Sales Representative hereby declares, by and through this Terms and Conditions, and the Agreement, that he or she approached the Company about becoming a distributor. The Company did not, nor did any of its employees, agents, managers, members, or affiliates, approach or solicit the undersigned about becoming an Independent Sales Representative.

     


    © EMRO Quantum 9/15/2019

     
     
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