INDEPENDENT ASSOCIATE AGREEMENT
In order to become a distributor, you must read and agree to the following. Please include a statement to that effect when you order through me.
- I am of legal age in the state of my residency. I agree that I am an independent contractor, responsible for determining my own business activities and not an agent or employee of the Company. I am responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state or regulatory taxing agency. I am responsible for all applicable sales taxes, which I may collect
- This position does not constitute the sale of a franchise or of a Distributorship and no fee, sales aids or services purchase, consumer purchase or initial wholesale product purchase has been required of me for participation as a Distributor. An annual renewal fee of $25 is required of all Distributors.
- I agree that as an Advanced Tachyon Technologies International Distributor, I shall place primary emphasis upon the selling of Company products to non-Distributor ultimate consumers. Distributors resident in the states of Maine, North Dakota, Michigan, Indiana, Iowa, and West Virginia are limited to $495.00 in purchases as a Distributor from the Company during the first six months of Distributor status. Permissible Distributor purchases shall be automatically modified to comply with the exemption requirements set forth in any states laws regulating business opportunities.
- In presenting Advanced Tachyon Technologies International products and the
Distributor positions to prospects, I agree that such presentations shall be strictly according to the following format and that I will be terminated as a Distributor if I fail
to do so:
a. In each presentation of the Distributor position the prospect shall be directly
informed that no fee, sales aids purchase, consumer purchase or initial wholesale purchase is required to become a Advanced Tachyon Technologies International Distributor.
- I agree that I shall sell or distribute the majority in dollar cost (over 50%) of my wholesale product orders to non-Distributor consumers prior to reordering product. Retail sales records shall be maintained and subject to review and verification upon Company request.
- In order to maintain a viable Marketing Program and to comply with changes to federal, state or local laws in economic conditions, Advanced Tachyon Technologies International may provide additional Terms and Conditions for Distributors from time to time, as well as to modify the Distributor Compensation Program. Such Policies and Procedures and Compensation Plan modifications, and all changes thereto, shall
become a binding part of this Agreement upon publication on the official Advanced Tachyon Technologies International Distributor website or other official Company Distributor publication.
- I understand that no Attorney General or other regulatory authority ever reviews, endorses or approves any product, compensation program or company, and I will make no such claim to others.
- I understand that my Distributor position 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.
- This Agreement shall be in effect upon its receipt and acceptance by Advanced Tachyon Technologies International, at its home offices in Santa Rosa, California.
- I will not promote my Distributor business nor use the Company name, or the trade names, logos, sales materials, trademarks or service marks of Advanced Tachyon Technologies International, except in materials provided by the Company or approved in writing by Advanced Tachyon Technologies International prior to their use by me. I understand that unauthorized use or duplication of trademarks or copyrighted
materials is a violation of federal law.
- I am responsible for supervising and supporting Distributors I enroll into the
program and in my commissionable downline. I agree to maintain monthly communication and support to those Distributors in my commissionable downline by way of any of the following, or combination thereof: Personal contact, telephone communication, written communication, and attendance at Distributor meetings.
- Advanced Tachyon Technologies International provides the following fulfillment to its Distributors: A new Distributor's packet of sales literature by Internet site. Shipment of ordered sales aids and products within ten days of receipt of order and clearance of funds, subject to availability of items ordered; Distributor purchases: check, money order or credit card with order. No credit purchase or C.O.D. is available. Commissions are payable to Distributors according to the Compensation Plan which is incorporated herein
by reference. All Distributors receiving Commissions are required to confirm their identity from time to time as requested by the company. Distributors not obtaining a Pay card will have their commissions automatically posted to their distributor pre-payment account at no charge.
- I will not make false or misleading statements about Advanced Tachyon
Technologies International Distributor position or Company products, including but
not limited to claims that Company products diagnose, cure or prevent disease. Display of commission checks, the making of income projections and use of Distributor income testimonials to prospective Distributors is prohibited. I will conduct myself as a Distributor in a courteous, fair and ethical manner.
- Distributors with the same billing, mailing, and/or shipping address must have the same enroller. Distributors may not have an interest in more than one distributorship. Change of original enroller is not permitted. Distributor and customer lists and names are owned by Company and may never be used for any commercial or business purpose without prior written consent of Company. During the term of this Agreement and for twelve (12) months thereafter, Distributor shall not, directly or indirectly solicit Distributors or customers of Advanced Tachyon Technologies International to other network marketing organizations, except as to personally enrolled Distributors.
- This Agreement is governed under the laws of the State of California. The parties agree that any claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association with arbitration to occur at Santa Rosa, California. Louisiana Distributors arbitrate at New Orleans, Louisiana.
- Distributors may return literature and wholesale products in resalable condition and cancel any Distributor services purchase, at any time within thirty days of purchase and receive 100% refund. Distributor services refunds will be prorated to unexpired use time. Shipping costs for returned items shall be borne by Distributor. Payment will be made within thirty days of actual receipt of returned items. Deposit refundable upon written request made within sixty days of termination of Agreement. The Company will honor refund policies provided by any state or federal law applicable to Distributor. (New Mexico and Montana — one year; Georgia and Wyoming — no time limit; Massachusetts no time limit as to obligated commission qualification wholesale product purchases. Note: Food supplements not in resalable condition after one year from date of purchase.)
- The Distributor agrees to capitalize and use the (TM) after the words Tachyonized™ and Tachyonization™ in every document, advertisement, or other written communication that he/she creates. Example: As an independent Advanced Tachyon Technologies International Distributor, I distribute Tachyonized™
products.
- Within five (5) working days of receipt of any delivery from Advanced Tachyon Technologies International, the Distributor will inspect all merchandise and immediately notify Advanced Tachyon Technologies International of any defects in the
product packaging or order shortages. Failure to do so will constitute conclusive proof that the products were received without visible defect.
- Any account sent to collections will have their Distributor account suspended or revoked without prior notice.
- The Distributor may not repackage, adulterate or rebottle any Advanced Tachyon Technologies International products. Should any legal action arise out of the adulterating or repackaging of Advanced Tachyon Technologies International products, the Distributor will assume all liability arising from the remanufacture, distribution, and usage of said products. Advanced Tachyon Technologies International will be indemnified and held harmless from any and all costs arising from legal claims or actions arising out of Distributors acts and omissions.
- Distributor acknowledges and agrees that Advanced Tachyon Technologies International has designed, developed and maintains e-commerce web sites through which Advanced Tachyon Technologies International directly markets, promotes and sells Tachyon products over the internet, that Advanced Tachyon Technologies International has reserved to itself the exclusive right to sell Tachyon products using such e-commerce medium, and that the grant of distribution rights by Advanced Tachyon Technologies International to Distributor does not include the right to distribute Tachyon products directly or indirectly through e-commerce activities, which activities are hereby prohibited. Distributor shall not design, develop, maintain, use or participate in, directly or indirectly, any website or other ecommerce vehicle for the marketing, promotion or sale of Tachyon products. Any activities in violation of such prohibition shall be cause for the immediate termination of this agreement, and shall entitle Advanced Tachyon Technologies International to injunctive relief in addition to monetary damages.
- No distributor or any distributor’s affiliate may use any key words such as: academy, university, college, school, institute or any descriptive words relating to educational institutions, in any language, for any purpose, by any method including, but not limited to, written or electronic, search engine submissions, username, URL, or e-mail. Published articles/newsletters, referencing the above topic, must be approved
by ATTI prior to submission or publication.
[Revised August 23, 2004]
To become a distributor, click here, or go BACK to the Becoming a Distributor page.
|
