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INDEPENDENT ASSOCIATE AGREEMENT I hereby apply to become an Independent Associate of the Vfinity, LLC. (hereinafter "Company") marketing program. As an Independent Associate (hereinafter "IA "), I understand and agree that: 1. I am of legal age in the state in which I enter this agreement. 2. I shall become a Company IA upon acceptance of this application by the Company. As an IA, I shall have the right to sell the products and services offered by the Company in accordance with the Company's marketing program and statement of policy, which may be amended and changed from time to time. 3. Upon notification to IAs, the Company, at its discretion, may amend the marketing plan, product pricing, statement of policy, etc. 4. I have carefully reviewed the Company's marketing plan, rules and regulations, and policies and procedures, and acknowledge that they are incorporated as part of this agreement in their present form and as modified from time to time by the Company. 5. The term of the Company IA agreement is one year. Company IAs, who wish to continue their IA positions, must apply to renew their IA agreement annually. The Company reserves the right to accept or reject your application for renewal and the renewal shall be deemed accepted if it has not been rejected in writing by the Company within 30 days of receipt of the renewal fee and application. The renewal fee is for ongoing sales and marketing materials support in both written and electronic and online media formats, including product and service and training updates, website development, and maintenance and hosting, and accounting and technical support of management of your marketing sales activity, and management of both your business and sales force management. 6. An IA shall be entitled to cancel participation in the marketing program at any time and for any reason upon notice to the Company. Upon written notification of cancellation or termination, the Company will repurchase IA purchased inventory and mandatory sales kit materials, if any, in accordance with its policies as stated in the Company's marketing program and statement of policy. 7. Upon acceptance of this application by the Company, I will be an independent contractor responsible for my own business and not an employee of the Company. I will not be treated as an employee in regard to any laws covering employees, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding at source or for any federal or state tax laws. It is my responsibility to pay self‑employment, state and federal income taxes as required by law. 8. I will not use the Company's trade name and/or trademark except in the advertising provided to me by the Company or in other advertising without prior written approval by the Company. 9. Any IA, who sponsors other IAs, must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored. IA must have ongoing contact, communication and management supervision with his or her sales organization. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company training and sharing genealogy information with those sponsored. IAs should be able to provide evidence to the Company semiannually of ongoing fulfillment of sponsor responsibilities. If an IA is an Enroller in the marketing program entitled to Enroller bonuses, then the Enroller is obligated to the same responsibilities of supervisory, communication and training activities with respect to IAs he or she has enrolled, irrespective of whether the Enroller is also the Sponsor of those IAs. 10. The company's program is built upon retail sales to the ultimate consumer. The company also recognizes that IAs may wish to purchase product or service in reasonable amounts for their own personal or family use. For this reason, a retail sale for bonus purposes shall include sales to non-participants, as well as sales to IAs for personal or family use which are not made for purposes of qualification or advancement. It is company policy, however, to strictly prohibit the purchase of product or large quantities of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement in the marketing program. IAs may not inventory load nor encourage others in the program to load up on inventory. IAs must fulfill published personal and downline retail sales requirements, including requisite retail sales to non-participants, as well as supervisory responsibilities, to qualify for bonuses, overrides or advancements. 11. The IA acknowledges that IA is a wholly independent marketing IA who establishes and services retail customers for Company products as an independent contractor. The position of IA does not constitute either a sale of a franchise or a distributorship, and absolutely no fees have been or will be required from the IA for the right to distribute the Company's products pursuant to this agreement. This agreement is not intended and shall not be construed to create a relationship of employer‑employee, agency, partnership, or joint venture between any IA, sponsor and/or the Company. As an independent contractor, the IA shall: a. Abide by any and all federal, state, county and local laws, rules and regulations pertaining to this agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Company products. b. At the IA's own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to this agreement and/or the receipt, holding, selling, distributing or advertising of Company products. c. Be solely responsible for declaration and payment of all local, state and federal taxes as may accrue because of the IA's activities in connection with this agreement. 12. No purchase or investment is necessary to become a Company associate other than the purchase of, or payment fee for a sales kit which is sold "at Company cost." (Purchase is optional in North Dakota). This "at cost" sales kit fee covers basic and ongoing sales and marketing materials and support in both written and electronic and online media formats, including product and service updates. As an extension to the initial "at cost" sales kit, an optional monthly fee, set by the company, will be charged for expanded "at cost" ongoing sales and marketing materials support, including back office accounting review, training updates, replicated website and communication tools to support the sales and marketing process. By submitting this Application and Agreement, IAs specifically authorizes this monthly fee to be charged to the IA’s on-file debit or credit card (or other form of payment acceptable to the Company) each month for as long as he or she remains an IA. 13. Prior written approval from the Company is required for the following: a. To advertise Company products; b. For there to be more than one IA in an immediate family in one household; c. Issuance of an IA position in a corporate name. 14. The Company may immediately terminate an IA who discredits the Company's name, violates any requirement contained in this Agreement, Company Policy and Procedures, or training manuals or misrepresents the Company's products or business opportunity by making claims contrary to the Company's product literature and labels. 15. This agreement constitutes the entire agreement between the IA and Company and no other additional promises, representations, guaranties or agreements of any kind shall be valid unless in writing. 16. This agreement shall be governed by the laws of the state of Florida, and all claims, disputes and other matters between the parties of this agreement shall be brought in Collier County Court in Naples, Florida, or in the U.S. District Court in Fort Myers, Florida. 17. I acknowledge that I have read and understand and agree to the terms set forth in this agreement. 18. This agreement is not in force until accepted by the Company. Applicant's Signature: __________________________________ _______________________ Accepted By: Date _________________________________ _________________________ For VFINITY LLC Date of Acceptance (Date for Office Use Only)
Autoship Terms & Conditions
1. By electing to participate in the VFINITY LLC Autoship Program, you authorize VFINITY LLC to charge payment for your Autoship orders to your credit card identified on the front of this Agreement, including shipping, handling and applicable sales taxes.
2. To change your Autoship order selections, method of payment, or the authorized amount, a new Autoship Form must be submitted to VFINITY LLC. If more than one Autoship Form has been submitted, the most recent will supersede all previous Autoship Forms. VFINITY LLC reserves the right to change its prices associated with its products without notice. 3. Your Autoship participation and payment authorization will remain in effect until you: (1) elect to alter or change any aspect thereof by submitting a new signed Autoship Form; or (2) send, in writing, your cancellation to VFINITY LLC by email, mail or fax to the email address, mailing address or fax number listed on the front of this Agreement (Notice must include your name, address, and Associate ID Number). Notice of cancellation must be received at least three (3) business days prior to your scheduled Autoship shipment in order to avoid charges for that month. If a cancellation notice is received within such time period, cancellation will become effective in month following the month in which your notice of cancellation is received by VFINITY.
NOTICE OF RIGHT TO CANCEL You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, to support@vfinity.com or mail to VFINITY LLC, PO Box 1949, Naples, Florida 34106 NOT LATER THAN MIDNIGHT of the third business day following the date set forth on the front of this application.
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