1. The Applicant understands that the completion of a Consultant Agreement, the purchase of a Starter Kit, agreement to pay the monthly Replicated Website fee are requirements to become a Ten Degrees Inc. Consultant. Any purchases of samples, sales aids, literature etc. are strictly voluntary.
2. The Consultant Agreement upon its acceptance by Ten Degrees Inc. remains in effect for as long as the Consultant remains active in the program.
3. The Applicant must be of age of consent stipulated by the Province wherein the individual resides.
4. The Applicant acknowledges and understands that this agreement shall not become binding on either party until it has been accepted by Ten Degrees Inc. and shall be governed by the laws of the Province of Alberta, Canada.
5. The Applicant will become an Independent Consultant upon acceptance of this application by Ten Degrees Inc., and will, at that time, have the right to purchase and sell Ten Degrees Inc. products to retail customers in accordance to Ten Degrees Inc. Policies and Procedures which are incorporated herein by reference. Upon acceptance of this application by Ten Degrees Inc., the Independent Consultant will also have the right to arrange for sale of Ten Degrees Inc. products in accordance with Terms and Conditions of the agreement. The Independent Consultant will also have the right to earn commission pursuant to the Ten Degrees Inc. Compensation Plan, if the Independent Consultant meets certain requirements.
6. The Independent Consultant understands that Ten Degrees Inc. reserves the right to enter into sales tax collection agreements with federal and/or provincial authorities, which could relieve Independent Consultant of the obligation of collection and remitting some sales taxes and filing of some sales tax returns. Where applicable, approved to operate under any such agreements, Independent Consultant shall follow appropriate procedures.
7. The Independent Consultant understands that Ten Degrees Inc. reserves the right to enter into sales tax collection agreements with federal and/or provincial authorities, which could relieve Independent Consultant of the obligation to charge GST/HST or other sales taxes on the Independent Consultant’s commission earned on the supply of the services of arranging for sales of Ten Degrees Inc. products to retail customers. Where Ten Degrees Inc. chooses to enter into a sales tax collection agreement the Independent Consultant hereby jointly elects to have the applicable procedures, including section 178 of the Excise Tax Act, apply where approval has been granted by the applicable tax authority and is in effect. The Independent Consultant approval of the Consultant Agreement is evidence of this joint election.
8. Upon acceptance of the agreement, the Applicant will become an independent Sales Consultant responsible for her/his own business, and not an employee of Ten Degrees Inc. As an Independent Consultant the Applicant will not be covered by Ten Degrees Inc. under any Federal or Provincial benefit programs. The Independent Consultant is also responsible for payment of Federal or Provincial income taxes arising out of the Consultant’s activities and for filing all returns and reports.
9. As an Independent Consultant, the Ten Degrees Inc. Consultant shall: (a) Promote the retail sales of the company’s products (b) At the Independent Consultant’s own expense make, execute or file such reports and obtain such licenses as are required by law or public authority with respect to the Agreement and/or the receipt, holding, selling, distributing or advertising of the company’s products and services.
10. The Independent Consultant acknowledges she/he is wholly independent marketing representative who establishes and services retail customers of the company’s products and/or services as an Independent Consultant. The position of Independent Consultant does not constitute either the sale of a franchise or distributorship. This agreement is not intended and shall not be construed to create a relationship of employer/employee, agency, partnership or joint venture between any Consultant, and/or the company.
11. The Independent Consultant agrees not to use the Ten Degrees Inc. logo, trade name or trademarks in any way other than those specified in the company’s Policies and Procedures, or to name Ten Degrees Inc. in any advertising format or medium without the express written consent of Ten Degrees Inc.
12. The Independent Consultant shall not make any statements or representations regarding the Company’s products, services or Profit Plan other that those contained in the materials provided by the Company.
13. The Company can terminate this Agreement in the event the Independent Consultant breaches any part contained herein or in the Policies and Procedures. An Independent Consultant shall be entitled to discontinue their Consultant status at any time and for any reason. Consultants are asked to notify the Company in writing.
14. The Company shall be entitled to change product prices at any time and without notice, and to make changes to the Agreement.
15. This Agreement constitutes the entire agreement between the Consultant and Ten Degrees Inc. and no other promises, guarantees or agreements of any kind shall be made.
16. This Agreement is not intended to create a partnership or relationship of any kind between the Independent Consultant and any party of Ten Degrees Inc. The Independent Consultant has no authority to bind the Company to any such obligation.
17. This agreement provides that the individual will not be treated as an employee with respect to those services for tax purposes.
18. An Independent Ten Degrees Inc. Consultant who terminates his/her agreement with Ten Degrees Inc. may return merchandise and sales aid/literature items in perfect condition, purchased directly from Ten Degrees Inc. to the Corporate Office for a refund accordant to Ten Degrees Inc. policies and procedures. Shipping and handling is non-refundable. An Independent Consultant who terminates his/her Agreement and return merchandise and sales aid/literature items for refund forfeits all future privilege and claim to become an Independent Ten Degrees Inc. Consultant.
19. Partial Validity. Should any portion of these Rules and Regulations, of the Consultant’s application and agreement or any other instruments referred to herein or issued by the Company be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and affect.
20. This Agreement has been drafted in the English language at the express request of the parties hereto.