These Terms & Conditions apply to members who joined The Wholefood Farmacy from March 1 st, 2003 through July 21 st, 2008
Optional Referral Rewards Program (RRP) Terms & Conditions
The following terms and conditions apply to our Referral Rewards Program. By activating your free Wholefood Farmacy (COMPANY) website and / or by referring others to the Wholesale Club or our Referral Rewards program (RRP), you indicate that you have carefully read this Agreement and that you willingly accept all of the Referral Rewards Program (RRP) Terms & Conditions set forth herein. Individuals choosing to participate in the RRP are hereinafter referred to as “Distributors”.
REFERRAL REWARDS PROGRAM TERMS & CONDITIONS AGREEMENT
1. 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 further agree that my participation in the RRP program does not constitute the sale of a franchise or of a Distributorship and that no fee, no sales aids purchase, no purchase of services, or purchase of products has been required of me as a condition for joining the RRP.
I understand that Distributors in the same household may not sign up under one another. If more than one person within a household wishes to become a Distributor they must all sign up under the same Distributor (sponsor). Change of original sponsor is not permitted beyond the Placement Procedures as posted within the Referral Rewards section of the COMPANY website unless approved by the COMPANY.
Any individual, or business entity, wishing to become an Independent Distributor of the COMPANY may enroll via their sponsor’s Wholefood Farmacy website. Individuals may only Enroll ONE time. Individuals placing their first order must sign up, place the order using their own credit card, and have the product shipped to their own address. Placing an order on someone else’s account using your own credit card so that you receive the products and / or the Enroller Bonus is STRICTLY PROHIBITED.
2. I will disclose to COMPANY my Social Security number or Tax ID #, upon request when my year-to-date RRP earnings exceed $600. I understand and agree that RRP earnings in excess of $600 can not be paid until my Social Security number or Tax ID # are on file with the COMPANY. (Note: Payable commissions of $9.99, or less, remain as a credit on account - once the payable commissions are $10, or more, a commission check will be mailed.)
3. In presenting Wholefood Farmacy products and Distributor positions to prospects, I agree to inform each prospect that there is a membership fee of $15 required to join the Wholesale Club. I am responsible for supervising and supporting Distributors that I enroll into the COMPANY and in my commissionable downline, which means, specifically, teaching them how to:
A) Contact me when they have a question or need assistance.
B) Set up their free website
C) Place regular orders and HARP orders
D) Track the shipment of their orders via their back office
E) Locate the FAQ section of the website
F) Contact customer service via their Back Office
G) Enroll others into the COMPANY
I agree to maintain, at minimum, monthly communication with each Distributor that I personally enroll by way of back office messages, personal contact, telephone communication, written communication, email, or attendance at Distributor meetings. I understand and agree that if any Distributor that I personally enroll complains to the COMPANY regarding lack of support that I will be notified and offered the opportunity to work with the COMPANY and the Distributor to remedy the situation. If I am unresponsive, indifferent, not willing to offer support, or if a persistent pattern of complaints for lack of support arise, I agree that the COMPANY, in it’s sole discretion, may assign that Distributor to another sponsor who is willing and able to provide a reasonable level of support.
I further understand and agree that the use of SPAM, in any form, to promote the COMPANY is a material breach of this agreement that will result in the immediate termination of my Distributor position. I understand that SPAM means sending unsolicited emails or posting links in news groups or online forums where such conduct is prohibited according to the rules of the news groups or online forums in addition to any other form of online marketing which results in unwanted contact with individuals who have not specifically requested or opted in to receive such information.
4. I understand that the COMPANY is willing to process all orders via the website and drop ship directly to the customer. If, however, I choose to purchase products for resale, I agree to order only as much product as I can reasonably expect to sell within 30 days and that I shall sell over 70% of my inventory before ordering additional product. I further agree to offer my customers an unconditional 30 day money back guarantee. I understand that product returned to me can be sent to the COMPANY for replacement and that I am responsible for all applicable sales taxes which I collect from my customers.
5. I understand that the COMPANY offers a selection of sales aids that I can use to promote the COMPANY, COMPANY products and the RRP. I will not use the COMPANY name, or the trade names, logos, trademarks or service marks of the COMPANY, except in materials provided by the COMPANY, unless approved in writing by the COMPANY prior to their use by me. Any and all materials, business cards, banners, signage, banner ads or any other advertising medium developed by distributors for their own use which contain the COMPANY name or COMPANY logos, must clearly contain the words "Independent Distributor". I understand that unauthorized use or duplication of trademarks or copyrighted materials will be considered a material breach of these terms and conditions.
6. I will not make false or misleading statements about the COMPANY Distributor positions 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, at all times, conduct myself as a Distributor in a courteous, fair and ethical manner.
I further understand and agree that Distributor and customer lists and names are owned by COMPANY and may never be used for any commercial or business purpose. During the term of this Agreement and for 90 days thereafter, Distributor shall not, directly or indirectly solicit COMPANY distributors or customers to other network marketing organizations, except as to personally sponsored Distributors.
8. I understand that the COMPANY accepts orders via the website, via the COMPANY’s fax order line and telephone order line as posted on the website, or by mail per the instructions provided in the FAQ section of the COMPANY website. I further understand that the COMPANY does not offer customer service via the telephone order line and that the COMPANY offers email based customer service and support only.
9. I understand that the COMPANY provides the following fulfillment to its Distributors: Shipment of ordered products within ten days of receipt of order and clearance of funds, subject to availability of items ordered; calculation and payment of Distributor commissions. Payment terms on Distributor purchases: credit card with order. No credit purchases or COD’s available. Commissions are payable to Distributors according to the Compensation Plan which is incorporated herein by reference. Commission checks expire if not cashed or deposited within 90 days. A $20 fee applies for replacement of checks not cashed within that period. After 120 days, unclaimed commission checks are forfeited.
10. I understand that Distributors may return literature and products in resalable condition and cancel any Distributor services purchased at any time within 30 days of receipt of such items and receive a 100% refund less shipping costs. Shipping costs for returned items shall be borne by Distributor. Payment of refunds will be made within thirty days of actual receipt of returned items. 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 as to obligated commission qualification wholesale product purchases. Note: Consumable products not in resalable condition after one year from date of purchase are not returnable.)
11. I agree that as a COMPANY Distributor, I shall comply with all laws and regulations in the conduct of my business and place my primary emphasis upon the selling of COMPANY products to non-Distributor ultimate consumers via the RRP. 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. 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.
12. I understand that Distributors are subject to commission adjustments of commissions paid on merchandise that is returned by their downline Distributors. Orders totaling $1,000 or more that are returned are subject to a 5% restocking fee at the COMPANY'S sole discretion.
13. I understand that the COMPANY, at its sole discretion, may terminate or suspend a Distributor for materially breaching the Terms, Conditions, Policies, or Procedures contained herein. A Distributor that has been terminated or suspended may submit an appeal to the COMPANY within 20 calendar days. Upon receipt of such appeal the COMPANY shall, at its sole discretion, consider the matter and reply to the Distributor within a reasonable period of time. If no appeal is received within 20 calendar days the action shall remain in effect as of the date of the COMPANY'S original notice. A Distributor who is terminated for cause must wait a period of one year before enrolling again as a Distributor. Website addresses that are inactive for a period of one year are subject to cancellation.
Any Distributor who voluntarily terminates their Distributorship must wait a period of six months before applying for a new Distributorship.
14. I understand that derogatory remarks or verbal abuse with respect to the COMPANY, other Distributors, COMPANY’S products, the Compensation Plan, or the COMPANY’S directors, officers, or employees constitutes a material breach of these Terms & Conditions.
15. I understand that in order to maintain a viable Marketing Program and to comply with changes to federal, state or local laws in economic conditions, that the COMPANY may modify these Terms and Conditions and provide additional Policies and Procedures for Distributors from time to time, as well as, to modify the compensation plan. Such modifications and additions and compensation plan modifications, and all changes thereto, shall become a binding part of this agreement upon publication on the official COMPANY website. Effective July 17, 2008, the compensation plan for Distributors has been modified such that payment of commissions to Distributors has been temporarily suspended. You may contact Wholefood Farmacy for further information.
Note: Effective July 22, 2008, The company has implemented the Affiliate Program. Distributors who earned commissions for June or July, 2008 are exempt from ordering $40 PV per month to qualify for affiliate commissions.
16. 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 shall not be unreasonably withheld. Website addresses that are inactive for a period of one year are subject to cancellation.
17. I understand and agree that this Agreement is governed under the laws of the State of Tennessee. I further 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 Rogersville, Tennessee. Louisiana Distributors arbitrate at New Orleans, Louisiana. By continuing with the enrollment process I hereby certify that I meet the requirements set forth to become a Distributor, and that I have read, understand, and agree to all of the terms, conditions, policies, and procedures contained herein, and that this Agreement shall be in effect upon clicking the SIGN UP button at the bottom of the Enrollment Form.