COVE CREEK :: SMALL BATCH NATURAL BODY CARE

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The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:

COVE CREEK ("Company") and the Independent Sales Consultant. They shall be effective only upon acceptance by the Company, at its principal office:

COVE CREEK
P.O. Box 130
Old Fort, NC 28762
United States


Independent Sales Consultant AGREES:

  1. Independent Sales Consultant is of legal age in the state/province or country in which he/she resides.
  2. Any Independent Sales Consultant who sponsors another Independent Sales Consultant or receives a Bonus or Commission on the product sales of another Independent Sales Consultant 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 and in the training of those personally sponsored. Independent Sales Consultant must have ongoing contact, communication and arrangement with his or her sales organization. Examples may include, but not limited to: email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to company training sessions and sharing genealogy information with those sponsored. Independent Sales Consultant should be able to provide evidence to the Company of ongoing fulfillment of sponsor responsibilities.
  3. Independent Sales Consultant understands that he/she is not compensated for sponsoring other Independent Sales Consultants but earns compensation solely on the sale of products and/or services to ultimate consumers.
  4. Applicant is, upon acceptance, an "Independent Contractor", hereinafter Independent Sales Consultant, conducting business for her/his own account and not as an agent, employee, or franchisee for the Company. As such, must provide his/her Social Security or Federal Tax ID Number for tax reporting purposes on any monies earned within the country. All Independent Sales Consultants should consult their attorney or tax consultant for information on monies earned and where received. The Independent Sales Consultant further understands that he/she will not be treated as an employee in regard to any laws covering employees. An Independent Contractor shall be responsible for obtaining all licenses required by law in whatever State, County or Country in which they reside, and pay all applicable fees and taxes.
  5. Independent Sales Consultant agrees to accept the sole responsibility for all self-employment and all legal country/federal and state and local income and sales taxes and any other taxes on income earned as an Independent Sales Consultant. The Company will file appropriate tax earnings report forms on each Independent Sales Consultant at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement.
  6. Independent Sales Consultant 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 a Independent Sales Consultant and Independent Sales Consultant will hold the company harmless from all of same.
  7. While the Company does not prohibit Independent Sales Consultants from representing other brands, we do prohibit Independent Sales Consultants the comparison of Cove Creek products and sales program with other brands. For example, social network influencers that become an Independent Sales Consultant with the Company can review Cove Creek products, but will not do so in a comparison manner where other brands are discussed in the same advertisement or media presentation. It is also prohibited for Independent Sales Consultants to advertise Cove Creek in conjunction with advertising of other brands.
  8. Independent Sales Consultant shall not sponsor or attempt to sponsor another Company Independent Sales Consultant into another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Independent Sales Consultants. In addition, no Independent Sales Consultant shall participate in any action that causes an Independent Sales Consultant to be sponsored through someone else into another company.
  9. Independent Sales Consultant will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
  10. Independent Sales Consultant will not make any claims of any kind pertaining to the benefits of the company’s products and services except those given in official company promotional media. When presenting the Company program to others, Independent Sales Consultant shall present the program in its entirety, without omission, distortion or misrepresentation.
  11. Independent Sales Consultant shall not represent or imply, directly or indirectly, that the company has been approved or endorsed by any governmental agency. (Federal and State regulatory agencies do not approve or endorse any marketing company product or programs.)
  12. Independent Sales Consultant will indemnify and hold the Company harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of Independent Sales Consultant statements or actions in violation of this agreement.
  13. Should Independent Sales Consultant be terminated for cause, Independent Sales Consultant's sales organization may be transferred to his/her first active upline Independent Sales Consultant at Company's sole discretion.
  14. Independent Sales Consultant acknowledges and understands that Cove Creek is conforming to the Retail / 70% Rule Requirement to deter the practice of "inventory loading". Under this rule Cove Creek Consultants may not order additional product unless they have sold to customers that are not Independent Sales Consultants of Company, or used for personal or family use, at least 70% of previously purchased inventory-type product. The Independent Sales Consultant agrees she/he will not purchase products solely for qualification for a higher position, bonus or commissions. By agreeing to these Terms and Conditions, Independent Sales Consultant agrees that at least 70% of previously purchased product has been sold or accounted for personal use.
  15. All product(s) in resalable condition, with all packaging seal(s) remaining as originally applied by Company proving product(s) have not been opened, purchased within 90 days prior to Agreement termination, may be returned (shipping prepaid). Company will repurchase such products at 50% of the original price less any bonus or commissions paid. A Return Merchandise Authorization (RMA) must be requested prior to shipping any returns, which will indicate return shipping address. Upon receiving the return, items will be inspected and determined to be unused prior to issuing any refunds. Any returns delivered without an RMA will not be refunded.
  16. Reselling of any Cove Creek products on third-party online sites such as Amazon, EBay, or any other non-Cove Creek branded site is not allowed, unless the sales price is equal to or above the Manufacturer’s Suggested Retail Price (MSRP) indicated on branded Cove Creek sites. Pricing of Cove Creek products on these third-party sites at a discounted wholesale or auto-ship price is strictly prohibited.
  17. The terminated Independent Sales Consultant will be eligible to reapply and may choose a new sponsor after six (6) months. A terminated Independent Sales Consultant that reenters the program may not sponsor any of her/his original downline organization.
  18. Independent Sales Consultant understands that Company does not permit changing of sponsors. Network Marketing is a business of creating relationships. Once an Independent Sales Consultant is sponsored, the Company believes in maximum protection of that relationship.
  19. Independent Sales Consultant hereby supplies COVE CREEK with his/her signature for Company files and understands that this signature is the signature of record for all debit card, ACH and any future credit card transactions.
  20. Independent Sales Consultant without a sales tax ID number authorizes Company to remit to proper agencies the sales/use tax generated as a result of Independent Sales Consultant's product sales.
  21. Independent Sales Consultant understands that Company will provide Independent Sales Consultant a replicated Web Page, when available, as part of this Agreement. Company will deliver all items upon receipt of good funds.
  22. As an Independent Contractor, Independent Sales Consultant is aware of the contractual obligations that occur when she/he purchases products or services from Company. Independent Sales Consultant understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Independent Sales Consultant than when ordering as a customer. Independent Sales Consultant 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 Company and not through any credit card company.
  23. In the event that any check (monies) by any method is returned unpaid, I authorize COVE CREEK to debit my account for the face amount plus up to a 10% failed payment processing fee. If said amount remains unpaid, I understand that I could lose my current status and that until my account is brought current I could forfeit certain rights and privileges, including commissions.
  24. Independent Sales Consultant understands that USA residents in the States 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/states laws regulating business opportunities.
  25. Company will pay Independent Sales Consultant commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids or sample products) made by Independent Sales Consultant and his/her sales organization under the terms of Compensation Plan.
  26. 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 Company will arise because of any such acceptance or refusal.
  27. Company reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement 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 Consultant at his or her last known address. Independent Sales Consultant agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Distributor Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
  28. Company shall not be responsible for acts beyond its control, including but, not limited to: fire, flood, earthquake, storms, power outages, pandemics, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
  29. Company assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).
  30. Company does not require an Independent Sales Consultant to sponsor another person and does not require any initial product purchase to be an Independent Sales Consultant.
  31. Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that Independent Sales Consultant has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
  32. Company will honor refund policies provided by any governmental law applicable to Independent Sales Consultant.
  33. Company requires that all Independent Sales Consultant obey the letter and the spirit of the law.
  34. I have not violated any non-competition, non-compete, non-solicitation, or confidentiality agreement entered into with any other organization or entity, and by becoming an Independent Sales Consultant for COVE CREEK will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organization.
  35. I approached COVE CREEK, or any other COVE CREEK Independent Sales Consultant, employee, or affiliate, about becoming a COVE CREEK distributor and requested to become a COVE CREEK distributor. COVE CREEK or any COVE CREEK Independent Sales Consultant or any employees, agents, managers, members, or affiliates, have not approached or solicited me about becoming a COVE CREEK Independent Sales Consultant.
  36. The laws of the State of North Carolina govern these Terms and Conditions and your acceptance of these Terms and Conditions, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of McDowell for any action arising out of or relating to these Terms and Conditions or this Agreement.
Cove Creek reserves the right to update these Terms and Conditions at any time without prior notice.

© COVE CREEK June 1, 2020

 

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