Applicant Agreement
By signing the front of this Agreement, the applicant acknowledges having read and understood the
following terms:
- This contract is valid for the period of one (1) calendar year and can be renewed each time by a period of one (1) year with the consent of both parties. Partners who wish to change sponsors must wait a period of at least twelve (12) months after resigning before doing so. After obtaining written approval from Juice Plus Canada Inc., a Partner may sell his/her Partner position to another party as long as that party signs a new Partner contract, and has not been a Partner for at least twelve (12) months prior to his/her purchase of the Partner position. Once a Partner sells his/her Partner position, he/she must wait at least twelve (12) months before he/she may obtain another Partner position.
- Acceptance by Juice Plus Canada Inc. of an application will allow/enable the applicant to become an independent Juice Plus Canada Inc. Partner, not an employee agent or joint venturer of Juice Plus Canada Inc. Only authorized Partners may promote the direct selling of Juice Plus Canada Inc. products to customers in Canada and participate in the worldwide Juice Plus Canada Sales and Marketing Program, but may not enter into any contract or incur any debt, obligation or liability, or make any representations on behalf of Juice Plus Canada Inc. other than as set forth in official publications. Juice Plus Canada Inc. accepts only one application per person. Spouses and any other persons who cohabit and share the same residence address as an existing Partner may only be sponsored by that existing Partner.
- Juice Plus Canada Inc. agrees to provide official Juice Plus Canada promotional and motivational material, which are to be used exclusively to support Partners' efforts to promote Juice Plus Canada Inc. products. The Partner will be permitted to use the Juice Plus Canada name, product marks, trademarks or logo in any media only upon obtaining written approval by Juice Plus Canada Inc. This includes website or computer generated processes including no mass email, spam, online bulletin boards, web blogs, etc., to unsolicited Customers/Partners will be permitted. Juice Plus Canada Inc. products may not be sold through “pay perclick” or “bid on search term” search engines.
- Juice Plus Canada Inc. will pay the Partners in relation to all products sold, in accordance with the Juice Plus Canada Inc. marketing plan, and will not pay any monies for the sponsoring of new Partners.
- The Partner undertakes to support and advise the persons he/she sponsors. The Partner position is strictly personal. In the case of a partnership or corporation, the person whose signature appears on the application form is empowered to act for the partnership or corporation.
- By signing this contract, the Partner agrees to comply with all applicable laws and regulations in Canada in relation to Direct Sales and the direct selling of products, including but not limited to the Competition Act of Canada and relevant Consumer Protection Legislation. Compliance with all applicable legislation is the Partner's responsibility. Juice Plus Canada Inc. will maintain contact with the appropriate authorities and endeavor to make information available to facilitate these obligations, to the extent possible.
- This agreement can be terminated by either party, by providing the other party with one month's written notice of termination of this agreement. Juice Plus Canada Inc. may terminate a Partner without any notice when/if the Partner does not at all times conduct himself in an ethical, legal, moral and financially competent manner or otherwise breaches a term of this agreement. Any violation of these rules constitutes a material breach of this agreement.
- Juice Plus Canada Inc. allows for the return of any unused, currently marketable and commercially resalable products from canceling Partners within sixty (60) days of purchase with proof of purchase direct from Juice Plus Canada Inc. Juice Plus Canada Inc. will reimburse cancelling Partners 100% of the purchase price, less any bonuses/commissions earned by the cancelling Partners on the repurchased products. All shipping costs shall be borne by the cancelling Partner.
- Any amounts owing by Juice Plus Canada Inc. to a Partner may be set-off against any amounts owing by such Partner to Juice Plus Canada. It is hereby expressly agreed and consented to by the Partner that any such set-off is acceptable and such Partner hereby waives any right to contest such power of setoff.
- In order for a Partner to build a successful retailing business, he/she should expect to spend personal time and effort and to incur additional expenses for such items as product samples, sales aid, business forms, shipping costs, travel, and telephone expenses. A Direct Selling program, such as the Juice Plus Canada Inc. Sales Program, is a highly competitive business subject to all risks associated with any business venture. Juice Plus Canada Inc. makes no guarantees or assurances whatsoever regarding any sales success, income or loss which may result from activities as a Juice Plus Canada Inc. Partner. Therefore cautions new participants to stay with their existing employment while pursuing a Juice Plus Canada Inc. Partner position part-time, until he/she has had several months experience as a Partner and has established a reasonably reliable business.
- This Agreement, when processed by Juice Plus Canada Inc., together with the Rules of Operation for a Juice Plus Canada Partner contained herein and the provisions for Partner compensation contained in the Profit and Incentive brochure, which are incorporated herein by reference, constitutes the entire agreement between the applicant and Juice Plus Canada Inc., and are the only promises, offers, representations, agreement or understandings of any kind that are relied upon or binding by Juice Plus Canada Inc. This Agreement remains as is and any term being waived must be approved in writing and signed by an Juice Plus Canada Inc. officer (any other attempted amendment, modification or waiver shall be void). Juice Plus Canada Inc. reserves the right to amend the Juice Plus Canada Sales Program and provisions for Partner compensation as contained in the Profit and Incentive brochure and Rules of Operation for an Juice Plus Canada Inc. Partner, upon given 30 days’ notice of change, the changes will be effective. All Juice Plus Canada Partners acknowledge that changes in the Profit and Incentive brochure may affect his/her percentage of compensation. The Partner agrees that at such time such changes occur he/she may elect either to continue as a Partner subject to the new changes or to terminate his/her Partner position.
- Where the applicant has indicated he or she is not registered for GST purposes, the applicant represents and warrants that it is not required to collect GST under the Excise Tax Act. If the Partner becomes a GST registrant under the Excise Tax Act (either voluntarily or by law), the Partner agrees to immediately notify Juice Plus in writing that it is a GST registrant and provide its GST registration number. It is recommended that the applicant seek professional guidance in respect of your requirements and obligations under GST legislation 13.During the first six (6) months of a Partner's participation in the Juice Plus Canada Inc. marketing plan, the Partner shall not be permitted to pay any participation fee with the exception of a one-time-only $52.00 registration fee. During the first six (6) months of a Partner's participation in the Juice Plus Canada Inc. marketing plan, Juice Plus Canada Inc. shall buy back from the Partner all unsold products at the total value paid, less only those bonuses on the unsold products that were paid to the terminating Partner, with no allowance for restocking, and refund the registration fee, forthwith on notice of termination of the Partner's involvement with Juice Plus Canada Inc.