Arbonne Independent Consultant Application & Agreement | United ...

(iii) a reasonable handling charge (which may include the cost of repackaging returned goods for resale),and provided that:(i) such goods have not been purchased or acquired by the Consultant in breach of this Agreement;(ii) the Consultant returns such goods to Arbonne in an unused, commercially resaleable condition not more than14 days after the date of termination; and(iii) Arbonne did not clearly inform the Consultant prior to the purchase that the goods were seasonal, discontinuedor special promotion products which were not to be subject to the buy-back provisions of this sub-clause.(d) In the event of the termination of this Agreement under sub-clauses (a), (b) and (c) above, in order to recover moniespaid for goods, the Consultant must deliver the goods to Arbonne within 21 days of such termination to Arbonne’saddress set out overleaf. Arbonne will bear the cost of such delivery. The purchase price is payable to the Consultanton delivery of the goods, or forthwith if the goods are already held by Arbonne.17. If this Agreement is terminated for any reason, the Consultant will have the right to be released from all future contractualliabilities towards Arbonne in relation to this trading scheme, except:(a) any liability to pay the price of goods or services already supplied to the Consultant by Arbonne where the Consultanthas not returned such goods to Arbonne in accordance with sub-clauses 15(a) or 16(a); and(b) the provisions of the Policies & Procedures which relate to competition with the business of Arbonne after terminationof this Agreement, the Consultant’s indemnification obligations, dispute resolution and any other provisionof the Policies & Procedures that expressly states it shall survive the termination of the Agreement, each of whichshall remain in force after the date of termination.18. Any notice given under Clauses 15 and 16, which are given by first class post to the address of the parties set outoverleaf, or to such other address as shall have been notified from time to time in writing by one party to the other,shall result in the period of notice commencing to run from the day when such notice is posted.19. Arbonne will at any time during the term of this Agreement, at the written request of the Consultant, re-purchase anyproduct that was purchased by the Consultant from Arbonne in accordance with the scheme at any time within oneyear of the date of such request and that is returned by the Consultant to Arbonne, such re-purchase to be subject toand upon the terms of sub-clause 15(c) (and for which purpose the date of the written request under this Clause shallbe treated as the date of termination referred to in sub-clause 15(c)).20. The Consultant is personally liable for any taxes or duties required by law, including income tax, national insurancecontributions and the proper collection and payment of VAT on sales and commissions. The Consultant will keep allsuch proper records as are necessary to ensure the proper assessment and payment of any such taxes or duties. TheConsultant agrees that VAT invoices may be provided to the Consultant by Arbonne in electronic format.21. Any payments due to the Consultant from Arbonne are calculated and paid in accordance with the Arbonne SuccessPlan.22. Arbonne shall provide the Consultant with an adequate record of all goods or services supplied by Arbonne to theConsultant in respect of which payment is due from the Consultant, which record may take the form of an itemisedorder form, invoice or receipt, and shall provide full and accurate financial details of all transactions and how anydeductions are calculated.23. By completing this form, the Consultant consents to Arbonne (i) retaining and processing all personal information,including sensitive personal data, given by the Consultant to Arbonne for purposes including marketing, business creationand development, management reporting and commissions payable (Arbonne may record this information bothmanually and/or on a computer database and will be the data controller for this information, and (ii) disclosing andtransferring this personal information to other members of Arbonne’s group. In order to do this, Arbonne may pass theConsultant’s details to agents and third parties who perform functions on behalf of Arbonne. As Arbonne and someof the entities to whom the Consultant’s data will be disclosed are located outside the EEA, including to countrieswhich may not offer protection of personal information equivalent to that in the UK, the Consultant agrees to his or herdata being disclosed to such third parties irrespective of their location for the purposes set out in this statement. TheConsultant has the right to ask for a copy of the information Arbonne holds on him or her which is subject to the Swissdata protection and privacy laws and regulations including laws implementing the Directive 95/46/EC of the EuropeanParliament and of the Council of 24 October 1995; (for which Arbonne may make a small charge) and to correct anyinaccuracies in your information.The Consultant confirms that he or she has read this statement and consents to the Consultant’s data being processedand disclosed as set out in this statement.24. The Consultant shall abide by all applicable laws and regulations relating to this Agreement and the promotion andsale of the products (which shall include the Direct Selling Association’s Code of Business Conduct and Code ofPractice) and will, at its own expense, obtain any consents or licenses required in connection with the conduct ofsuch business.