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independent product consultant agreement - eu - dōTERRA

independent product consultant agreement - eu - dōTERRA

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INDEPENDENT PRODUCT CONSULTANT AGREEMENT - EUSTEP 1IPC Welcome Packet/Registration Fee• 20€ / £20Family Physician Kit• 105€ / £85 115 PVFamily Wellness Kit• 205€ / £165 185 PVOther: _______________________________Initial Order (20€/£20 Registration Fee Required)Receive 100 Points* Receive 200 Points* Receive 400 Points*Natural Solutions Kit• Save 143€ / £108.50• 625€ / £525 500 PVEvery Oil Kit• Save 343.25€ / £299.25• 1665€ / £1350 1500PVOil Sharing Kit• Save 252.50€ / £143• 1150€ / £950 1000PVBusiness Leader Kit• Save 458.25€ / £390.75• 2180€ / £1780 2000PVF A S T T R A C K P L A N S* New IPCs who enroll with aqualifing Kit and have a 100PV Loyalty Rewards order thefollowing month will receivethese points.* Points will be redeemable 60days following enrollment.Loyalty Rewards Points (Earn <strong>product</strong> purchase credits on the PV value of your monthly Loyalty Rewards orders)STEP 2 Monthly Loyalty Rewards Program (Optional) ■ For personal consumption (not for resale)Items: _________________________________________________________________________________________Day of the month you want your LRP order to ship __________ (1 - 28) ■ Ship to address below or ■ One time shipping address(Note: Your first Loyalty Rewards shipment will begin the month following your enrollment)Product of the Month Club: Set your LRP order on or before the 15th for 125 PV or higher and receive the free Product of the Month.STEP 3Fill in Personal InformationApplicant Name Shipping Information ■ Same as Billing Address______________________________________________________________ ______________________________________________________________Co-Applicant Name (if applicable)Shipping Address______________________________________________________________ ______________________________________________________________Company Name (requires business application addendum, if applicable)Zip, City, Country______________________________________________________________ ______________________________________________________________Tax ID No.Phone______________________________________________________________ ______________________________________________________________Billing AddressEmail Address______________________________________________________________ ______________________________________________________________Zip, City, Country Date of Birth Co-Applicant Date of Birth______________________________________________________________Enrolling Sponsor______________________________________________________________Phone No. or IPC No.______________________________________________________________Placement Sponsor (if different)______________________________________________________________Phone No. or IPC No.STEP 4Acknowledge Terms on Back by SigningYes! I want to be an Independent Product Consultant (IPC) of dōTERRA Global Holdings, Limited. Please charge my payment method for the items and programs requested above. I have read and agree to the terms and conditionsfound on the back of this IPC Agreement (form 2011-C) and the policies found in the dōTERRA Policy Manual. I agree that I do not currently have an interest in any dōTERRA account, or if I do have or ever have had such aninterest, my application for this account does not violate dōTERRA policies. (This form can also be found at www.doterratools.com)Applicant Signature Co-Applicant Signature Date_________________________________________________________ __________________________________________Physical credit card information will be shredded upon order approval. Electronic credit card information will be stored on dōTERRA’s database.________________________Credit Card No Verification Code_ Expiration Date Would you like this card to remain on file? ■ Yes ■ No______________________________________________________________ ________________Name as it appears on CC______________________________________________________________ ■ Pay with Wire Transfer: “Reference/Purpose”______________________ EURO (Allied Irish Bank) Account: doTERRA Europe LTD, IBAN - IE50AIBK93136512875030, BIC/SWIFT - AIBKIE2D_ UK-GBP (Nat West Bank) Account: doTERRA Europe LTD, Account# - 21092834, Sort Code - 60-11-30


INDEPENDENT PRODUCT CONSULTANT AGREEMENT - Terms and ConditionsFORM 2011-C1. Obligations and Representations. I understand that as anIndependent Product Consultant (“IPC”) of dōTERRA GlobalHoldings, Limited (“dōTERRA”):• I must be of legal age in the state in which I reside.• I have the right to offer for sale dōTERRA <strong>product</strong>s andservices in accordance with the terms and conditions ofthis IPC Agreement.• I have the right to build a dōTERRA sales organization.• I will train and motivate the IPCs in my downline marketingorganization.• I will comply with all federal, state, county, and municipallaws, ordinances, rules, and regulations, and shall make allreports and remit all withholdings or other deductions asmay be required by any federal, state, county, or municipallaw, ordinance, rule, or regulation.• I will perform my obligations as an IPC with honesty andintegrity.• I will use only the sales <strong>agreement</strong>s and order formswhich are provided by dōTERRA for the sale of goodsand services, and I will follow all policies and proceduresestablished by dōTERRA for the completion and processingof such <strong>agreement</strong>s and orders.2. Presenting dōTERRA Products and Services. I agree topresent the dōTERRA Compensation Plan and dōTERRA<strong>product</strong>s and services as set forth in official dōTERRAliterature and presentations.3. Independent Contractor Status. I agree that as a dōTERRAIPC, I am an <strong>independent</strong> contractor [and not an employee,agent, partner, legal representative or franchisee ofdōTERRA]. I am not authorized to and will not incur any debt,expense or obligation, or open any checking account onbehalf of, for, or in the name of dōTERRA. I understand thatI shall control the manner and means by which I operate mydōTERRA business, subject to my compliance with this IPCAgreement, the dōTERRA Policy Manual, and the dōTERRASales Compensation Plan (all of which are collectivelyreferred to as the “Contract”). I agree that I will be solelyresponsible for paying all expenses I incur, including butnot limited to travel, food, lodging, secretarial, office, longdistance telephone and other expenses. I UNDERSTAND THATI WILL NOT BE TREATED AS AN EMPLOYEE OF dōTERRA FORFEDERAL OR STATE TAX PURPOSES. I acknowledge and agreethat dōTERRA is not responsible for withholding and shallnot withhold or deduct from my bonuses and commissions,if any, FICA, or taxes of any kind, unless such withholdingbecomes legally required. I agree to be bound by all sales taxcollection and remittance <strong>agreement</strong>s between dōTERRA,all appropriate taxing jurisdictions, and all related rules andprocedures.4. dōTERRA Policies. I have carefully read and agree to complywith the dōTERRA Policy Manual and the dōTERRA SalesCompensation Plan, both of which are incorporated into theIPC Agreement by this reference and become part of theContract. I understand that I must be in good standing andnot in violation of any of the terms of the Contract in orderto be eligible to receive any bonuses or commissions fromdōTERRA. I understand that the Contract, including this IPCAgreement, the dōTERRA Policy Manual, and the dōTERRASales Compensation Plan may be amended at any time at thesole discretion of dōTERRA, and I agree that upon 30 daysnotice any such amendment will apply to me. Notification ofamendments will be published in official dōTERRA materialsincluding the Company’s official website. The continuationof my dōTERRA business or my acceptance of bonuses orcommissions shall constitute my acceptance of any and allamendments to the contract.5. Term and Termination. The term of this Contract and eachsubsequent renewal is one year. Unless a party notifies theother of its intent to terminate the Contract, I understand andagree that the Contract is renewed automatically each yearon its anniversary date. I understand and agree that I willneed to pay a renewal fee each year to renew my Contractwith dōTERRA. I agree that dōTERRA may automaticallycharge my credit card each year in the amount of $25.00during the anniversary month of my Contract. dōTERRA mayterminate my account at any time for violation of the termsand conditions of the Contract including any amendmentsthereto. If my Contract is canceled or terminated for anyreason, I understand and agree that I will permanently loseall rights as an IPC and I shall not be eligible to sell dōTERRA<strong>product</strong>s or services or to receive commissions, bonuses, orother remuneration from the activities of my former downlinesales organization. In the event of cancellation, termination,or nonrenewal, I agree to forfeit and waive all rights I have,including but not limited to property rights, to my formerdownline organization, and to any commissions, bonuses,or other remuneration derived through the sales and otheractivities of my former downline organization. If my Contractis not renewed, or if it is cancelled or terminated for anyreason, I agree to immediately discontinue use of any andall dōTERRA trademarks, service marks, and copyrightedmaterials. I also agree that during the term of this Contractand for one (1) year following the termination or cancellationof this Contract, regardless of the reason for termination orcancellation, I will not directly or indirectly solicit or recruit,as defined in the dōTERRA Policy Manual, any dōTERRA IPCwho is in my current or former downline organization or withwhom I became acquainted by virtue of my participation as adōTERRA IPC.6. Assignment. I may not assign any rights or delegate myduties under this Contract without the prior written consentof dōTERRA. dōTERRA may freely assign the Contract at anytime. Any attempt to transfer or assign the Contract withoutthe express written consent of dōTERRA renders the Contractterminable at the option of dōTERRA and may result intermination of my business.7. Breach of the Agreement. I understand that if I fail to complywith the terms of my Contract, dōTERRA may, in its solediscretion, impose upon me disciplinary action as set forth inthe Policy Manual. If I am in breach, default, or violation of theContract at termination, I shall not be entitled to receive anyfurther bonuses or commissions, whether or not the sales forsuch bonuses or commissions have been completed. If I failto pay for <strong>product</strong>s or services when payment is due or amindebted to dōTERRA for any reason, including but not limitedto for commissions or bonuses paid on returned <strong>product</strong>, Iauthorize dōTERRA to withhold and retain the appropriateamounts from my bonus or commission checks or to chargemy credit cards or other accounts which I have placed on filewith dōTERRA.8. Limitation of Liability and Indemnification. dōTERRA, itsmembers, managers, directors, officers, shareholders,employees, assigns, and agents (collectively referred as“affiliates”), shall not be liable for special, indirect, incidental,consequential, punitive, or exemplary damages. If dōTERRA isfound to be in breach of the Contract, the maximum amountof damages I may claim shall be limited to the amountof unsold inventory that I personally purchased from thecompany and have remaining on hand. I release and agree toindemnify dōTERRA and its affiliates from any and all liability,damages, fines, penalties, or other awards or settlementsarising from, or relating to my actions in the promotion oroperation of my dōTERRA <strong>independent</strong> business and anyactivities related to it (for example, but not limited to, thepresentation of dōTERRA <strong>product</strong>s or Sales CompensationPlan, the operation of a motor vehicle, the lease of meetingor training facilities, the making of any unauthorized claims,the failure to comply with any applicable federal, state, ormunicipal law or regulation, etc.).9. Entire Agreement. This IPC Agreement, the SalesCompensation Plan, and the Policy Manual, in their currentforms and as amended by dōTERRA in its discretion, togetherconstitute the entire <strong>agreement</strong> and Contract betweendōTERRA and myself. Any promises, representations, offers,or other communications not expressly set forth in this IPCAgreement and Contract are of no force or effect. To theextent of any conflict or inconsistency between this IPCAgreement and the Policy Manual (in their current form or assubsequently modified), the Policy Manual shall govern.10. Waiver and Severability. Any waiver by dōTERRA of any breachof the Contract must be in writing and signed by an authorizedofficer of dōTERRA. Waiver by dōTERRA of any breach of myContract by me shall not operate or be construed as a waiverof any subsequent breach. If any provision of the Contract isheld to be invalid or unenforceable, such provision shall bereformed only to the extent necessary to make it enforceableand the balance of the Contract will remain in full force andeffect.11. Survival. Sections 5, 8, 9, 10, 12, 13, 16 and 17 of this IPCAgreement, as well as the covenants to protect dōTERRA’strade secrets, confidential information, intellectual property,and other proprietary materials, as set forth more fully in thePolicy Manual, shall survive the termination of the Contract.12. Resolution of Conflicts. In the event of any dispute, claim,question, or dis<strong>agreement</strong> arising from or relating to this IPCAgreement or the Contract or the breach thereof, the partieshereto shall use their best efforts to settle the dispute, claim,question, or dis<strong>agreement</strong>. To this effect, they shall consultand negotiate with each other in good faith and, recognizingtheir mutual interests, attempt to reach a just and equitablesolution satisfactory to both parties. If they do not reachsuch solution within a period of 60 days, then, upon noticeby either party to the other, all disputes, claims, questions, ordifferences shall be finally settled by arbitration administeredin Provo, Utah, by the American Arbitration Association inaccordance with the provisions of its Commercial ArbitrationRules. Judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof.This <strong>agreement</strong> to arbitrate shall survive any termination orexpiration of the Contract. Notwithstanding this arbitrationprovision, nothing herein shall prevent dōTERRA from applyingto and obtaining from any court having jurisdiction a writof attachment, a temporary restraining order, preliminaryinjunction, permanent injunction, or other relief available tosafeguard and protect dōTERRA’s interest prior to, during, orfollowing the filing of any arbitration or other proceeding orpending the rendition of a decision or award in connectionwith any arbitration or other proceeding.13. Governing Law. The parties consent to exclusive jurisdictionand venue before any federal court in Salt Lake County orany state court in Utah County, State of Utah, for purposesof seeking equitable relief and/or enforcing an award by anarbitrator or any other matter not subject to arbitration. Ifthe law of the state in which the applicant resides prohibitsconsensual jurisdiction and venue provisions for purposes ofarbitration and litigation, that state’s law shall govern issuesrelating to jurisdiction and venue. I agree that notwithstandingany statute of limitation to the contrary that any claim oraction I wish to bring against dōTERRA for any act or omissionrelating to the Contract must be brought within one (1) yearfrom the date of the alleged act or omission giving rise to theclaim or cause of action. Failure to bring such action withinthe permitted time shall act as a bar against all claims againstdōTERRA for such act or omission. I waive any and all claimsor rights to have any other statute of limitation apply.14. Use of Name and Image. I authorize dōTERRA to usemy name, photograph, personal story and/or likeness inadvertising or promotional materials and waive all claims toremuneration for such use.15. Electronic Communication. I authorize dōTERRA and itsaffiliates to communicate with me through electronic mail orfax at the email address or fax number provided in this IPCAgreement. I understand that such email may include offers orsolicitations for the sale and purchase of dōTERRA <strong>product</strong>s,sales aids, or services.16. Counterparts. Faxed copies of this IPC Agreement shall bedeemed an original. To be valid, copies submitted to dōTERRAby fax must include the front and back of the document.17. Data Protection. I give consent for dōTERRA to process thepersonal data contained in this application/<strong>agreement</strong> and totransfer this personal data, together with information aboutthis IPC account’s future sales activities, to any of dōTERRA’sworldwide subsidiaries and affiliated companies, and to otherIPCs who are in the same sales organization or distributionchain, for the sole purpose of administering the sales anddistribution of dōTERRA’s <strong>product</strong>s and providing reports to itsIPCs of sales activity in their sales organizations. I understandthat this transfer of information may be made to countrieswithout a level of legal protection of privacy equivalent to thatprovided in my home country. I understand that if I receivesales reports containing personal data of other IPCs, I agreethat I will not use such data except in the administrationand development of my sales organization, and that upontermination of my Contract, I will immediately delete all suchpersonal data from my files, except as otherwise requiredby law. The parties agree that this obligation survives thetermination of the Contract.SignatureIPCAgreement EU A4 190912

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