Your acceptance indicates that you have carefully read this Agreement and that you willingly accept all the the Wholefood Farmacy (COMPANY) Terms and Conditions, Policies and Procedures set forth herein.

A PARTICIPANT IN THIS NETWORK MARKETING PLAN HAS A RIGHT TO CANCEL AT ANY TIME, REGARDLESS OF REASON. CANCELLATION MUST BE SUBMITTED IN WRITING TO THE COMPANY AT ITS PRINCIPAL BUSINESS ADDRESS: 117 East Main Street, Rogersville , TN 37857 , OR VIA EMAIL TO [email protected]

I understand that no fee, or initial wholesale product purchase is required or is a means by which to become a Wholefood Farmacy Distributor.

TERMS & CONDITIONS

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 am responsible for all applicable sales taxes which I collect from customers.

I will disclose to COMPANY my Social Security number, or Tax ID # upon request when my year-to-date earnings exceed $600.  I understand and agree that earnings in excess of $600 will not be paid until my Social Security number or Tax ID # are on file with COMPANY. 

2. This position does not constitute the sale of a franchise or of a Distributorship and no fee, sales aids or services purchase or initial wholesale product purchase has been required of me for participation as a Distributor.

3. I agree that as a Wholefood Farmacy Distributor, I shall place primary emphasis upon the selling of COMPANY products to non-Distributor ultimate consumers. 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.

4. In presenting Wholefood Farmacy products and the Distributor positions to prospects, I agree that such presentations shall be strictly according to the following format and that I will be terminated as a Distributor if I fail to do so:

• In each presentation of the Distributor position the prospect shall be directly informed that no fee or initial wholesale purchase is required to become a Wholefood Farmacy Distributor.

5. I agree that I shall sell or distribute the majority in dollar cost (over 50%) of my wholesale product orders to non-Distributor consumers prior to reordering product. Retail sales records shall be maintained and subject to review and verification upon COMPANY request.

6. In order to maintain a viable Marketing Program and to comply with changes to federal, state or local laws in economic conditions, Wholefood Farmacy may modify these Terms and Conditions and provide additional Policies and Procedures for Distributors from time to time, as well as, to modify the Distributor Compensation Program. 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 Wholefood Farmacy Distributor website.

7. 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.

8. 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 will not be unreasonably withheld.

9. This Agreement shall be in effect upon continuing the enrollment process beyond this page.

10. I will not promote my Distributor business nor use the COMPANY name, or the trade names, logos, sales materials, trademarks or service marks of Wholefood Farmacy, except in materials provided by the COMPANY or approved in writing by Wholefood Farmacy prior to their use by me. I understand that unauthorized use of duplication of trademarks or copyrighted materials is a violation of federal law.

11. I am responsible for supervising and supporting Distributors I sponsor into the program and in my commissionable downline. I agree to maintain monthly communication and support to those Distributors in my commissionable downline by way of any of the following, or combination thereof. Personal contact, telephone communication, written communication, email, and attendance at Distributor meetings.

12. Wholefood Farmacy 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 C.O.D.’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 can not be replaced.

13. I will not make false or misleading statements about Wholefood Farmacy Distributor position 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 conduct myself as a Distributor in a courteous, fair and ethical manner.

14. Distributors in the same household must have the same sponsor. Change of original sponsor is not permitted beyond the procedures set forth in section (2) of the COMPANY Policies and Procedures below. Distributor and customer lists and names are owned by COMPANY and may never be used for any commercial or business purpose without prior written consent of COMPANY. During the term of this Agreement and for 90 days thereafter, Distributor shall not, directly or indirectly solicit Distributors or customers of Wholefood Farmacy to other network marketing organizations, except as to personally sponsored Distributors.

15. This Agreement is governed under the laws of the State of Tennessee . The parties 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 .

16. Distributors may return literature and products in resalable condition and cancel any Distributor services purchase at any time within thirty days of purchase and receive 100% refund. 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.)

POLICIES & PROCEDURES

1. Distributor Enrollment Policies & Procedures

Any individual, or business entity, wishing to become an Independent Distributor of the COMPANY may enroll via the Internet. A Distributor who enrolls via the replicated website of another COMPANY Distributor will be automatically placed on that Distributor's first level. A Distributor that enrolls via the COMPANY website will be assigned to the first level of another COMPANY Distributor at the COMPANY'S sole discretion.

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 credit card billing address.  

Signing someone else up and then ordering with your own credit card so that you receive the products and / or the Enroller Bonus is STRICTLY PROHIBITED and will be considered a material breach of the Distributor agreement.  The Enroller Bonus pay out AND 30 day money-back guarantee are VOID on such orders.  Individuals violating this policy shall be suspended or terminated at the COMPANY'S sole discretion.

2. Enrollee Placement

When a Distributor sponsors a New Distributor, the sponsoring Distributor shall be able to request placement of the New Distributor under a New Sponsor within their existing downline. Placement requests must be received between the 10th and 20th of the month AND within 30 days of the initial sign up date of the new enrollee. Please note that there are TWO criteria:

• Sending the request between the 10th and 20th of the month
• Sending the request within 30 days of the sign up date of the new distributor

DISTRIBUTORS WISHING TO MAKE PLACEMENTS ARE HEREBY ADVISED THAT:

• Placement requests for new distributors, sponsored between the 1st and 9th of the month, must be submitted between the 10th and the 20th of that same month. Waiting until the following month would exceed the 30 day limit.

• Placement requests for new distributors, sponsored between the 10th and 20th of the month, can be made between the sign up date and 20th of that same month, or between the 10th and 20th of the following month, provided that the placement request is received by the COMPANY within 30 days of the new distributor’s initial sign up date.  Example:  A Distributor sponsored on the 15th of THIS MONTH can be placed THIS MONTH between the 15th and 20th - or - NEXT MONTH between the 10th and the 15th.  Waiting until the 16th or later, of NEXT MONTH, would exceed the 30 day limit.

• Placement requests for new distributors, sponsored between the 21st and the last day of the month, must be made between the 10th and 20th of the following month.

Once a placement has been made, the Company shall notify the original sponsoring distributor via email that the placement has been made. Upon receipt of notification, the original sponsoring distributor shall verify that the placement is correct by checking their downline report via their own replicated website. If the the original sponsoring Distributor finds that an error was made they shall have until the 23rd of the month to notify the COMPANY so that a correction can be made. Other than corrections, NO CHANGES SHALL BE MADE, FOR ANY REASON, ONCE A DISTRIBUTOR HAS BEEN PLACED OR AFTER THE 30 DAY PERIOD HAS PASSED.

Placement requests can be made by emailing The Wholefood Farmacy Placement

Department at:  [email protected].  To ensure accuracy and efficiency we ask that all placement requests be made EXACTLY as shown below.

PLEASE NOTE:  When sending placement requests you must send the email from the same email address that you have on file with the company.

SUBJECT LINE OF EMAIL:  "Placement Request"

Enroller - John Smith (distributor that enrolled, or recruited, the new distributor)

1334567 (Enroller's ID Number)

New Distributor - Bill Baker (name of new distributor who is being placed)

1445678 (New Distributor's ID Number)

New Sponsor - Jane Doe (name of the new sponsor)

1423456

   EXAMPLE OF A CORRECT PLACEMENT REQUEST

Enroller - John Smith

1334567

New Distributor - Bill Baker

1445678

New Sponsor - Jane Doe

1423456

The text that appears above, in blue, is the only text that should be in the email. In other words, your placement request should look exactly like this - the only difference will be the names and ID numbers. This means using dashes as shown above along with the same spacing and layout so that the data can be transferred accurately.

Only the original sponsor may request placement of a new distributor - you can only move distributors that are currently on your first level.

We ask that you send your placement requests only during the monthly placement period (the 10th to the 20th of each month)

3. Retail Sales Via Replicated Website

When a retail customer visits a Distributor’s replicated website and purchases product at retail, the COMPANY will process the transaction, and ship the product to the retail customer. In such cases, the COMPANY shall pay Distributor the difference, between the wholesale and retail price, plus 7% of the wholesale volume, provided the Distributor is qualified to receive commissions for that period.

4. Ordering

The COMPANY only accepts orders via the COMPANY Website (www.thewholefoodfarmacy.com), the replicated websites, of COMPANY Distributors, or the 24 hour fax order line that is posted on the website. The COMPANY only accepts credit cards (Visa, Mastercard, Discover Card, or American Express), or check debit cards bearing the Visa or Mastercard logo, as payment. To prevent credit card misuse, and for the protection of Distributors, Retail Customers, and the COMPANY, orders can only be shipped to the credit card BILLING ADDRESS of the purchaser. (the card holder’s address on file with the bank or financial institution)

The COMPANY is an Internet based company, and as such, does not accept personal checks, telephone orders, or mail in orders.

5. Return Policy & Refund Procedure

All Wholefood Farmacy products carry a 30 day, unconditional, 100% money back guarantee of satisfaction. The 30 day period begins on the date that products were delivered or received by the distributor or customer.

To return merchandise, the Distributor, or Retail Customer, must notify the Company via email to [email protected]  - the Company will reply with the shipping instructions.

Upon receipt of properly returned merchandise, as specified above, the COMPANY will issue credit in a timely manner. Credit will be applied to the credit card used for purchase. (Please allow 2 weeks for processing).

6. H.A.R.P.  (Autoship) ORDER REFUNDS, CHANGES & CANCELLATIONS

NOTE: DISTRIBUTORS MAY CHOOSE THE 2nd, 16th, or 23rd AS THEIR HARP HIPPING DATE EACH MONTH.

Refunds - Health Assurance Retirement Plan (HARP) orders are subject to the same guarantees and return policies as any other order.

Distributors may place, change, or cancel their HARP autoship order by following these steps:

1.  Go to your replicated website - click on DISTRIBUTOR LOGIN

2.  Enter your ID number and Password to access your Back Office

3.  Click on CUSTOMIZED HARP ORDER and follow the instructions provided.

7. Recalculation Of Commissions Policy

Distributors are subject to commission adjustments of commissions paid on merchandise that is returned by their downline Distributors.

8. Laws, Ordinances, & Regulations

Distributors shall comply with all laws and regulations in the conduct of their business.

9. Termination For Cause & Voluntary Termination

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 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 applying for a new Distributorship.

Any Distributor who voluntarily terminates their Distributorship must wait a period of six months before applying for a new Distributorship.

10. Derogatory Remarks or Statements

Derogatory remarks 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 Policies and Procedures.

By continuing with the enrollment process you hereby certify that you meet the requirements set forth to become a Distributor, and that you have read, understand, and agree to all of the terms, conditions, policies, and procedures contained herein.