1. I understand and acknowledge that as an independent Representative of USBW, LLC (“USBW” or the “Company”):
(a) I have the opportunity to purchase products and services from USBW or its partners;
(b) I have the right to offer for sale USBW products and services, without the individual approval of each sale by USBW, but in accordance with this acknowledgment, the USBW policies & procedures and all appendices thereto, including without limitation, the USBW Marketing and Compensation Plan (all of which are collectively referred to herein as the “Agreement”);
(c) I have the opportunity to enroll persons as Representatives of USBW;
(d) I will assist, train, and motivate the representatives in my downline marketing organization;
(e) I will comply with all federal, state, county, and municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any federal, state, county, or municipal law, ordinance, rule or regulation;
(f) I will perform my obligations as a representative with honesty and integrity;
(g) I will only use the sales contracts and order forms which are provided by USBW for the sales of its products and services; and
(h) I will procure leads for both customers and other representatives on my own without the assistance of the Company and I understand that the company does not provide leads to me.
2. I agree to accurately present:
(a) the USBW Marketing and Compensation Plan to current and prospective representatives in my downline organization; and
(b) USBW products and services to current and prospective customers in a manner consistent with, and in accordance with, the agreement and any terms of sale provided by USBW. As part of the foregoing, I will make no claims regarding potential income, earnings, health benefits, or the features of products or services beyond what is stated in official USBW literature.
3. Except as allowed in the USBW policies & procedures, unless I have received written permission from USBW, I will not:
(a) use, produce, create, publish, distribute, or obtain from any source other than USBW, any literature, recordings (audio, video, or otherwise), sales or enrollment aids relating to USBW products, services, or the USBW Marketing and Compensation Plan;
(b) use or display any USBW or USBW partner trademarks, trade names, service marks, logos, designs or symbols; or
(c) advertise USBW products, services, or the opportunity to become a USBW representative.
4. I agree that as a USBW representative I am an independent contractor (direct seller) and not an employee, agent, partner, legal representative, or franchisee of USBW. As a result, I understand and agree that:
(a) I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of USBW;
(b) I control the manner and means by which I conduct sales as an independent USBW representative, subject to my obligations to comply with the Agreement;
(c) I will not be compensated based on hours worked, but on a commission basis for products and services sold as set forth in the USBW marketing and compensation plan;
(d) I will be solely responsible for paying all expenses I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses;
(e) I shall not be treated as an employee of USBW for federal or state tax purposes;
(f) USBW is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, FUTA, or taxes of any kind, unless such withholding becomes legally required;
(g) I shall be bound by all sales tax collection agreements between USBW and all appropriate taxing jurisdictions, and all related rules and procedures; and
(h) I am not eligible for unemployment compensation, medical benefits, sick pay, vacation pay nor any type of pension plan.
(i) I understand that the company offers 7 days money back guarantee. If within the 7 days of purchasing the product, I am unhappy with my purchase, the company will refund the full amount into my bank account listed with the company. Post 7 days, the company will not refund any amount and the I can not file a complaint in a legal or civil entity in any country.
(j) I understand that any misleading information about the product provided by me to the prospective buyer/representative will solely be my responsibility. The company has no culpability whatsoever if such a case arises. The company will not be liable for any damages whatsoever.
(k) Only one account with USBW LLC is permitted for one person. More than one account with the company with a single identity will stand illegal. I hereby agree that I will not create multiple accounts with the company.
5. I have carefully read and agree to comply with the Agreement, including without limitation, the USBW policies & procedures and the USBW marketing and compensation plan. I understand that I must be in good standing, and not in violation of any of the terms of any of the Agreement in order to be eligible to receive any bonuses or commissions from USBW. I understand that the Agreement may be amended from time to time by USBW, and I agree that any such amendments will apply to me as set forth in the USBW policies & procedures.
6. The initial term of USBW’s appointment of me to act as an independent USBW representative shall commence on the date that this acknowledgment is accepted by me. Thereafter the term shall be governed by the provisions of the USBW policies & procedures. Except as provided in the USBW policies & procedures, I understand and agree that I may not assign any rights or delegate my duties under this acknowledgment nor under the agreement without the prior written consent of USBW.
7. I understand that if I fail to comply with the terms of any of the Agreement, USBW may, at its discretion, terminate my right to continue as a USBW independent Representative or impose upon me other disciplinary action, as provided in the USBW Policies & Procedures. If I am in breach, default, or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. If my rights as a USBW independent Representative are cancelled, terminated, or not renewed for any reason, I will forever lose my rights as a USBW independent Representative, including, without limitation, all rights to my down line marketing organization, and all rights to compensation pursuant to the USBW Marketing and Compensation Plan. If I fail to pay for products and services when payment is due, I authorize USBW to withhold the appropriate amounts from my bonus or commission checks, to charge my credit cards, or debit my checking accounts, if any, which I have authorized USBW to charge.
8. I understand that I will not receive any refund or exchange for any product or service bought from USBW or its affiliates after 7 days of purchase. The company will not be liable to refund any money post the stipulated time period. I will communicate the same to down line representatives.
9. I agree that I shall not engage in any discriminatory practices, including sexual harassment and harassment based upon race, sex, national origin, religion, disability, age or any other protected characteristic. I understand that harassment of employees, representatives, customers, including harassment because of race, color, religion, creed, national origin, ancestry, citizenship, age, sex, pregnancy, marital status, disability, sexual orientation, military or veteran status or any other status protected under applicable federal, state or local laws, is unacceptable and will not be tolerated. In keeping with this commitment, I will not tolerate, and understand that USBW will not tolerate, the harassment of representatives by anyone, including any representative, employee, vendor, client, contractor, or customer.
10. I understand and agree that the USBW Policies & Procedures obligate me to keep all confidential information of the Company in the strictest of confidence and I agree to comply with those obligations.