Independent Sales Consultant/ Affiliate Contract Agreement Terms and Conditions for TLW (The Lighted Wick LLC)
A. As an Independent Consultant/ Affiliate, for The Lighted Wick LLC, I understand and agree to the following terms and conditions:
1. I will promote and sell any and all products to customers made by TLW actively both with honor and integrity, as well as in an honest manner. I will demonstrate, present, and exhibit any and all of TLW company products in the same manner. I will carry myself in a manner that represents and reflects the highest standards of integrity, honesty, responsibility, and respectability with regards to the reputation and good standing of the company.
2. I will only sell TLW products to consumers and I will never sell any products TLW produces either 1. For resale, (or) 2. on any unauthorized website on the internet such as Amazon, Ebay, Etsy, etc. or any other website or auction-based site (or) 3. through third parties including but not limited to any type of retail establishment, or any business entity unless authorized by TLW in writing.
3. I accept and understand that I can sell TLW products by 1. social media websites (Facebook, Twitter, etc.) to promote and sell TLW products via my personal web page through the TLW website. 2. Through hosting a party, vendor shows, and online sales as well as individual sales (family members, co-workers, friends, etc.).
4. I will protect The Lighted Wick LLC’s trademark/ trade name used by the company, and I will not copy, share or publish any of TLW’s trade secrets. I will not forge any TLW materials or documents.
B. Independent Contractor Status:
1. I agree that I am an independent consultant/ affiliate and that I am not an employee, partner, agent, or franchisee of or in joint alliance with The Lighted Wick LLC
2. I cannot represent or conclude any contracts on behalf of or in regards to The Lighted Wick LLC. I have no rights or authority to produce or incur any debt, or liability on behalf of and in regards to The Lighted Wick LLC.
3. As an independent consultant/ affiliate I am considered an independent contractor and am responsible for my own self-employment in regards to federal and state income taxes as well as other filings required by law.
4. I understand and agree that I am not covered by, nor-entitled to, the rights or benefits afforded to TLW employees, including but not limited to unemployment benefits, disability, workers compensation, medical insurance, sick leave, or any other employment benefits. The consultant is responsible for providing all benefits named above for themselves, their employees and contractors.
C. Your Conduct behavior and terms as a consultant
*I agree to follow and adhere to the following rules and regulations set forth by TLW:
1. To be a TLW consultant/ affiliate I agree that I must be 18 years of age or older, and be a legal resident of the united states. I must have a credit card on file for monthly reoccurring consultant fees( your website maintenance fees ), a way of communication, as well as a valid email. I cannot be in jail, prison or in a confined institution, I also agree to fully complete, sign, and send back TLW registration, the Consultant/Affiliate agreement, and contract. TLW reserves the right to accept or deny any consultant/Affiliate agreement.
2. I agree not to post, transmit, nor – upload any content that is threatening, harassing, torturous, abusive, vulgar, libelous, defamatory, unlawful, obscene, nor – invading of another person’s privacy (including the wrongful use of any persons address, phone number, email, website addresses, social media addresses, or any other contact information). I am also never to use hateful, racially, religiously, ethnically, or otherwise vulgar slurs in any way, shape, or form. This will be cause for immediate dismissal and/ or immediate termination of said agreement. These actions go against all TLW standards, beliefs and policies.
3. I agree never to impersonate any officials, persons, business or entity in regards to TLW, including but not limited to, directors, owners, agents, consultants, or any other employee of the company.
4. I agree never to use any names, phone numbers, addresses, emails, or any other personal content of any of the employees or consultants of The Lighted Wick with regard to any criminal activity including but not limited to, stalking, harassing, discrimination, sexually explicit behavior, etc.
5. I agree not to sell any other items, products, goods, or services on the TLW’s website.
6. Line six empty at this time.
7. I agree to never sell, lead, trade, or assign my account or password to any other third-party person, website, or service.
8. I agree to not have more than one consultant account at any said time, if it is found that I have more than one consultant account, I will be notified to cancel the other account(s) immediately. If there is no communication to resolve this issue in 3 days all accounts will be suspended. After 7 days all accounts that have been made will be terminated if there is no response to resolve the issue. If this happens then I will have to re-register and restart as a new consultant.
9. I agree to abide by the refund policy.
10. I agree that if I am inactive for a 90-day period that my account will be terminated, and I will forfeit any and all monies earned through commissions, rewards, or future commissions. Every 30 days, up – to 90 days, that I am inactive I will receive a notice of inactivity giving me the time and opportunity to become active again before the 90-day deadline. I also agree as a consultant/ affiliate that If I decide at any time to quit of my own accord and to sever ties with The Lighted Wick LLC I will lose my down-line as well as any commission made by my down-line or any future purchases by my down-line under my name.
11. Any TLW Consultant/Affiliate who does not follow the polices/ procedures listed and stated in the consultant agreement as well as the terms and conditions of service will receive a warning and/ or possible immediate termination. In the event of termination any and all consultants in your down-line will be moved up to the previous Consultant/Affiliate.
12. I agree and understand that this contract agreement and terms of service will stay in affect until termination of employment. (This agreement as well as the terms of service are subject to change and/ or be updated in which case a notice will be given either on the TLW website or by email).
D. Limitation of Liability
1. IN NO EVENT SHALL THE LIGHTED WICK LLC (ITS AFFILIATES, MEMBERS, OFFICIALS, EMPLOYEES, MANAGERS, DIRECTORS, AGENTS, OWNERS, REPRESENTATIVES OR ANY ENTITY) BE HELD LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENCES, OR DAMAGES ARISING OUT OF
· THIS AGREEMENT
· OUR WEBSITES
· YOUR USE OF, OR YOUR INABILITY TO USE, ANY OF OUR ONLINE WEBSITES OR THE CONTENT OR SERVICES OR ACTIVITIES IN CONNECTION WITH THE LIGHTED WICK LLC
· THE ACTS OR OMISSIONS OF TLW’S CONSULTANT/ AFFILIATES, OR ANY SALES REPRESENTATIVES IN EACH EVENT EVEN IF TLW OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.
· TLW IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR FOR ANY MATERIAL OR INFORMATION RECEIVED OR NOT RECEIVED
· TLW IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, OBSCENE, OFFENSIVE, RACIAL, ILLEGAL CONTENT, OR BEHAVIOR OF ANY OTHER PARTY INCLUDING ANY CONSULTANT/ AFFILIATE OR ANY INFRINGEMENT BY ANY PARTY OF ANOTHER INTELLECTUAL PARTY PRIVACY OR OTHER RIGHTS
· IN NO EVENT SHOULD TLW’S LIABILITY EXCEED THE AMOUNT PAID BY YOU (IF ANY) THAT MAY ARISE FOR DAMAGES AND LOSSES, OR YOUR INABILITY TO USE THE TLW’S WEBSITE OR ITS MATERIALS
E. Business Permits
1. All Independent Consultants/ Affiliates are responsible for their own business permits or licenses if applicable for their state, for vendor shows, and for selling TLW’s products.
1. You will indemnify and hold The Lighted Wick LLC harmless from and against any and all claims, actions, demands, causes of actions and other proceedings arising from or relating to any of the following (the “claims”):
· Your use of, inability to use, any of our online websites or the content or services or activities in connection with The Lighted Wick LLC
· Any violation of this agreement or any other TLW terms, conditions, or policy by you or through any account you many have with any TLW website
· Any transaction
· Any allegation that any submission or other materials that you make available through the TLW website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party or
· Your violation of any rights of any TLW visitor, user, or customer, or any other third party
You agree to reimburse The Lighted Wick LLC on demand for any damages, losses, costs, judgments, fees, fines, and other expenses they incur (including attorney’s fees and court cost) as a result of any claims.
1. These terms are effective until The Lighted Wick LLC terminates them. You agree that TLW has the sole discretion to terminate your access to any and all TLW accounts both online and offline at any such time we deem appropriate. These actions will be based on, but not limited to:
· Failure to comply to the terms and conditions of The Lighted Wick LLC
· If at anytime it is found that you have provided false information during the application process given to The Lighted Wick LLC
· If you become in-active and have not acknowledged to the notice(s) received in regards to the 90-day deadline as stated above.
· For misconduct as stated above.
· For any type of infringement, forging, and/ or impersonating in regards to The Lighted Wick LLC as stated above.
1. You cannot under any circumstances at any time compete against The Lighted Wick LLC by reproducing, recreating, or manufacturing, The Lighted Wick LLC materials, products, labels, and/ or logos. Nor can family, friends, or relatives, nor can you sell any information about The Lighted Wick LLC in regards to reproducing, recreating, or manufacturing materials, products, labels, logos, trade secrets, or any ideas produced by The Lighted Wick LLC to any business and/ or entity, persons, or third party. The use or misuse of any of these actions is expressly prohibited.
I. Satisfaction Guarantee
1. The Lighted Wick LLC is backed by a satisfaction guarantee you can confidently stand behind our products because we stand behind them with the following guarantee:
· If for any reason you are not satisfied with our products, you may return them within 30 days of your purchases for an exchange or refund of the product price as well as applicable tax.
· This satisfaction guarantee does not apply to nor cover consultant/ affiliate for their stock or inventory.
· If there are any problems or issues with The Lighted Wick LLC’s products you may contact TLW’s customer service at any time during business hours.
J. Information or complaints:
We are located at 1207 Burlington Terrace, Des Moines, IA 50314. Any and all complaints must be done in writing and sent to the address stated above regarding any aspect of The Lighted Wick LLC’s services or you may send an email to firstname.lastname@example.org
K. Governing law
1. These terms are governed by the laws of the state of Iowa and you here by consent to the inclusive jurisdiction of the state or federal courts in the state of Iowa. Any suit brought forth by any dispute arising under or in connection with this agreement. If any provisions of these terms and conditions as well as the agreement is found to be unlawful, void, or for any reason unenforceable then that provision will be removed and not enforced.
1. I understand that as a consultant/ affiliate for The Lighted Wick LLC, I will be in possession of and have knowledge of confidential information and that I will not use nor disclose any of the confidential information given to me at any time. This information includes but is not limited to names, addresses, phone numbers, emails, customer lists, consultant lists, passwords, sales data, consultants down-line and up-line information, and any information regarding the Consultant/Affiliate personal teams, as well as any materials, logos, trade secrets, labels, or products as stated above. All rights to this information is exclusive property of The Lighted Wick LLC.
N. Return policy
1. The Lighted Wick LLC is satisfaction guaranteed and we do stand by our products. If for any reason you receive a product that is broken, damaged, missing, or is otherwise non-use-able, we offer a 30-day money back guarantee and/ or product exchange.
· If the product is damaged in anyway or has a manufacturer defect or if there is a missing item, we will not charge any additional fees for shipping or delivering of any exchange but the exchange must be of equal price as the original item. The defective item must be returned before a refund is issued/ or exchanged and this must be done within a 30-day period in accordance to our return policy.
· If you do not wish to keep the product based on dissatisfaction or would like to exchange and want a refund the item must be returned within 30-days of purchase and must be undamaged in order to get a refund. We reserve the right to require you to return the original product to us at your own expense.
· Shipping fees will also be applied so the exchanged item can be sent out to you. The item being exchanged must be of equal price as the one you are sending back.
· You must have your original sales receipt in order to get an exchange or refund if not, The Lighted Wick LLC reserves the right to deny and not to award your product or exchange request or refund. If the situation arises that you do not have your original receipt, we will further investigate your order and if we find your situation satisfactory, we will then issue a refund and or an exchange. If upon final investigation we do not find the situation satisfactory there will be no refund or exchange. All issues will be final.
Please contact your consultant/ affiliate about product returns or discrepancies immediately when these problems arise. You may also contact The Lighted Wick LLC’s home office or email us directly.
THE LIGHTED WICK LLC WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES WITHOUT MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT THE LIGHTED WICK LLC MAKES NO REPRESENTATIONAL WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE LIGHTED WICK LLC WEBSITES. ANY RELIANCE ON OR USE OF THESE MATERIALS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONAL WARRANTY.
· REGARDING ANY STATEMENTS, ACTS, OR EMISSIONS OF ANY OF THE LIGHTED WICK LLC CONSULTANT/ AFFILIATES.
· THAT THE LIGHTED WICK LLC’S WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE LIGHTED WICK LLC’S WEBSITES WILL BE UNINTERRUPTED, FREE OF ERRORS OR SECURED.
· THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
· THAT ANY USE OF THE LIGHTED WICK LLC’S WEBSITES WILL PROVIDE SPECIFIC RESULTS
· OR THAT THE LIGHTED WICK LLC’S WEBSITES, SERVERS, OR NETWORKS THROUGH WHICH THE LIGHTED WICK LLC WEBSITES ARE MADE AVAILABLE, SECURE, OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Lighted Wick LLC will always do the upmost possible to maintain the integrity and security of our websites as well as the severs and networks for which The Lighted Wick LLC is operated on. There may be inaccuracies and errors additional third parties may make unauthorized modifications to our online websites. If you should become aware of any of these authorizations, errors or inaccuracies please contact us immediately. All available contact information is on The Lighted Wick LLC website.
1. Cookies is a file that is stored on a person’s hard drive within their computer by your web browser. This stores information from websites that you have visited, data that you might have inputted into a website is also stored, and also speeds up internet searches. For these purposes, The Lighted Wick LLC also contains cookies. We use this to collect information about your usage on our site. Cookies enables The Lighted Wick LLC to store your preferences and data, as well as to recognize you each time you return to our site.
R. Our policy regarding children
1. The Lighted Wick LLC does not sell any products to children. Our websites are for adults age 18 years or older and are not directed to children under the age of 18. The company does not knowingly collect information from anyone under the age of 18.
S. How we update your information
1. The Lighted Wick LLC will update and change your personal information only when a customer or Consultant/ Affiliate brings it to our attention through email that their has either been an address change, change of phone number, or that your address or phone number is incorrect.