SmartS |
DISTRIBUTOR
AGREEMENT, POLICY, RULES AND PROCEDURES
of SmartS Supplement’s Brain Tonic (referred to
in this document and hereinafter as SSBT).
1.POLICIES
1.1. A Distributor must always conduct all their business with honesty, integrity
and professionalism.
1.2. A Distributor will always promote Smart Supplement’s Brain Tonic
Products to the best of their ability without over claiming the quality of the
product.
1.3. A Distributor must present the business opportunity and compensation plan
both accurately and truthfully without promising or guaranteeing unrealistic
levels of income.
1.4. A Distributor must abide by the Smart Supplement’s Brain Tonic Products
corporate philosophies and values as well as the letter and spirit of the Policies,
Rules and Procedures.
1.5. As in any mutual agreement involving a financial transaction, each party
accepts certain responsibilities and is expected to live up to them in good
faith.
2 . RULES.
2.1 A Distributor must not make guarantees on behalf of SSBT other than the
guarantee stated by SSBT.
2.2 A Distributor must be at least 18 years old.
2.3 The prospective Distributors must furnish SSBT with the following documents:
- A completed application to become a distributor.
- A copy of the Distributors ID Document.
- Banking details for SSBT to make payments to.
- Copy of bank deposit slip / Internet payment receipt for their Starter
Kit purchase.
2.4 An application for Distributorship will only be considered if the applicant
has purchased a starter kit from SSBT.
2.5 The applicant agrees that the information furnished in the application form
is correct and true to the best of their knowledge.
2.6 SSBT reserves the right to immediately terminate a Distributorship, if it
is found that the information furnished is either untruthful or fraudulent.
2.7 SSBT reserves the right to either approve or decline an application without
having to provide notification or reason.
2.8 In the case of two Distributors in different Distributors groups that get
married or commence living together as common law husband and wife after being
Distributors, they can either keep one Distributor account and terminate the
other, or keep both accounts with the existing status and sponsor. SSBT must
be notified in writing.
2.9 Any changes to the Distributor details on the original Registration Form
can be made by written request to SSBT.
2.10 By becoming a Distributor, this person is not a permanent employee, agent,
representative, partner or legal shareholder of SSBT. Thus the Distributor shall
not identify him / herself as a permanent employee, agent, representative, partner
or legal shareholder of SSBT.
2.11 Rewards are only earned by active distributors and through active distributors.
An active distributor is a distributor who purchases a minimum monthly average
of R600.00 of products from SSBT. The average is calculated over a rolling 3
month period.
3. TERMINATION
3.1 Should a Distributor wish to terminate their membership after 30 days from
date of purchase of the starter kit, they must notify SSBT in writing. The effective
date of termination will be the date when SSBT receives the letter of termination.
3.2 In the case were the Distributor terminates his / her membership and wishes
to reapply for membership with the same sponsor, he / she must notify SSBT in
writing for their approval.
3.3 In the case where a Distributor terminates his / her membership and wishes
to reapply for membership with a new sponsor, he / she can apply for membership
at least six months after the date SSBT received the termination letter.
3.4 A Distributor can apply for new membership in a new sponsor group if he
/ she has been a Distributor for at least one year and has not purchased product
or sponsored a new Distributor in the last six months. SSBT must be informed
in writing.
3.5 SSBT has the right to terminate a Distributor’s distribution agreement
if the rules are broken and/or policies not followed.
4 KEY ASPECTS
4.1 This document including the Smart Supplement’s Brain Tonic Distributor
Application Form overleaf, fully completed, signed by the applicant, duly processed
and confirmed by Smart Supplement’s Brain Tonic, constitutes the Distributor
Agreement between Smart Supplement’s Brain Tonic and the applicant whose
signature and other identification are contained in this folder.
4.2 Smart Supplement’s Brain Tonic Products (SSBT) will confirm the appointment
of the applicant as an independent Distributor of Smart Supplement’s Brain
Tonic Products by the issue to the applicant of an official Distributor Identity
Number, and the applicant (in this document and hereinafter individually and
collectively referred to as the Distributor) accepts such an appointment.
4.3 Nothing in this agreement shall establish an employment relationship between
the Distributor and SSBT and nothing shall establish the Distributor as procurer,
broker, mandatory commission agent, contracting representative or other representative
of SSBT.
4.4 When purchasing and selling SSBT’s products, the Distributor shall
act as an independent contractor acting in his / her own name, at his / her
own responsibility and for his / her own account. The Distributor shall purchase
from SSBT products for use and for resale to customers.
4.5 Distributors may advertise using existing Smart Supplement’s Brain
Tonic Products advertising materials and literature . SSBT must approve any
other advertising first.
4 .6 SSBT’s products may not be sold on street pavements, open stands,
or on the roadside.
4.7 This Agreement is effected as of the date of acceptance by SSBT of the applicant’s
contractual offer in the form of the Smart Supplement’s Brain Tonic Distributor
Application Form. Such acceptance shall be in the form of the issue of a Distributor
Identification Number by SSBT.
4.8 The Agreement may not be assigned or ceded without prior written consent
of SSBT.
4.9 Smart Supplement’s Brain Tonic Products shall not be liable for any
incidental or consequential damages cause by its breach, cancellation or suspension
of this agreement, whether or not the possibility for such damages is known
to SSBT.
5.ORDERS
5.1 A distributor must place an order by completing the order form
5.2 Delivery will be processed only after receipt of payment.
5.3 A minimum order of 3 products is required for a distributor to order.
5.4 A delivery charge of R30.00 per order is to be added to the order.
© 2006 Smart Supplements
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