I am of legal age in the state in which I enter this Agreement. I understand that I am not a Distributor until the Company has accepted an original Agreement, properly signed, at its home office.
I will not purchase products solely for the purpose of qualifying for commissions or bonuses. I will personally consume at least 70% or more of all products that I have personally purchased from the Company prior to making any subsequent product order. Products personally consumed by my household, in reasonable quantities are deemed retail sales.
I am entitled to cancel this Agreement at any time and for any reason with written notice to the Melody Palmer. This business model does not provide for the sale of products or sales aids into inventory of an independent contractor for resale. The Company recognizes that some buy-back laws extend to fees and other consideration paid, and to the extent that such laws are applicable, the Company will honor the buyback laws of Georgia, Idaho, Indiana, Louisiana, Maryland, Massachusetts, Montana, Nebraska, New Jersey, Oklahoma, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Washington, and Wyoming.
Additionally, Montana distributors who cancel within 15 days are entitled to a 100% refund of any consideration given to participate.
As an Independent Distributor I will:
- Provide training and motivation to my distributors.
- Study the product literature and promote retail sales.
- Represent the Melody palmer products in an honest manner.
- Honor the Melody palmer Customer Guarantees.
- Be professional, courteous, and considerate.
- Not misrepresent the Melody palmer’s Compensation Plan.
- Become familiar with, and abide by, the Melody Palmer Statement of Policies and other materials as prescribed by the Melody Palmer.
I understand that Independent Distributors cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.
I understand that, as an Independent Distributor, I will not, for any reason, act as spokesperson for the Company and its products, in any manner, to any media or publication, without prior, written authorization. I will not create, print, publish, or distribute any literature or materials representing Melody Palmer or its products other than those from, or approved in writing by, the Company.
I understand that, as an Independent Distributor, I have the following rights: (a) to solicit sale of the products/services offered by the Company in agreement with the Melody Palmer Compensation Plan, and its Sales Policies, including without limitation the Statement of Policies, and (b) to sponsor other Independent Distributors in agreement with the Company Compensation Plan and Statement of Policies.
I understand that I will make no claims or warranties of any kind, including, but not limited to, any claims for earnings or benefits concerning the Melody palmer’s products or its Compensation Plan, other than those included in the Company’s official written literature. I will not make product claims which are not stated in official Melody palmer literature, and I am not permitted to create my own literature, sales aids, or training materials, without written consent from the Company.
If I fail to pay for products, services or sales aids, the Company is authorized to withhold the appropriate amounts from my commission and bonus checks, or credit card/electronic checking accounts, if any, which I have authorized the Company to charge. If payment owed is not made, I understand that I may, at Melody Palmer’s discretion, lose my marketing organization and future commissions and bonuses, and may be placed on inactive status by the Company for an indeterminate period. The Company will not be responsible for the loss of any commissions and bonuses or other payments because of delays or errors in orders, charges, receiving agreements, or other acts outside of the control of the Company.
As an Independent Distributor, I understand that I am an independent contractor, and not an agent, employee, or franchisee of Melody Palmer. I understand and agree that I will not be treated as an employee for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts, or State Workers Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement.
I understand that my acceptance of this Agreement, does not constitute the sale of a franchise or a security, no exclusive territories can be granted to anyone, and that no franchise fees have been paid, nor can I acquire any interest in a security by the acceptance of this Agreement.
Melody Palmer may, at its discretion, amend the Melody palmer Compensation Plan and Statement of Policies and/or terms of the Independent Distributor Agreement. Notification of such changes shall be published in newsletters, on the Company website, broadcast by Email, written or published material circulated or made available to all Independent Distributors. I agree to abide by all such amendments. The continuation of my Business, and/or my acceptance of products, commissions, and bonus checks, or other payments from the Company, constitutes my acceptance of any and all amendments.
My Distributorship cannot be sold, assigned, or transferred without prior, written approval from the Company.
I have carefully reviewed the Company Compensation Plan and Statement of Policies, and acknowledge that they are incorporated as a part of this Agreement in their present form and as modified from time to time by the Company. My violation of any of the terms of this Agreement or the Company Statement of Policies may result, at the Company’s discretion, in forfeiture of commission and bonus checks, or other payments from the Company; loss of all or part of my marketing organization; or cancellation of this Agreement.
This Agreement constitutes the entire agreement between the parties, and no other promises, representations, guarantees, or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.
The term of this Agreement is one year. This Agreement can be renewed annually on each anniversary date of the acceptance of this Agreement, unless otherwise canceled or extended by the Company. A renewal fee of $50.00 will be charged.
This Agreement shall be governed by the laws of the State of Wisconsin, and any claims or disputes between parties to this Agreement shall be subject to binding arbitration under the Commercial Rules of the American Arbitration Association, with arbitration to be held in Spooner, Wisconsin. Louisiana residents may choose jurisdiction in, and arbitrate in New Orleans, Louisiana.