TERMS of AGREEMENT
Independent Associate, Distributor, Wholesaler and Affilate are interchangeable terms
1.
I am of legal age in the state of my residency.
2.
I will become an Independent Associate upon acceptance of this application by New Millennium Associates at it's principal place of business, and will, at that
time, have the right to sell New Millennium Associates Products
and to enjoy the benefits of being an Independent Associate in
accordance with the terms and conditions set forth herein and in the
Policies and Procedures.
3.
No
purchase
or investment is
necessary to become a New Millennium Associates Independent
Associate.
4.
I
certify that the Company has not made any claims of guaranteed earnings or representations of anticipated earnings that might result from my efforts as an
Independent Associate. I understand that my success as an
Independent Associate comes from retail sale. I understand and
agree that I will make no statement, disclosures, or representation,
other than those contained in approved company literature, in selling
the Company's products.
5.
As a
New
Millennium Associates Independent Associate, I am a wholly Independent
Associate who
establishes and services my customers as an independent
contractor. I am free to set my own hours, my own work schedule
and I am responsible for my own expenses. My becoming an
Independent Associate does not constitute the sale of a franchise, and
no purchase or fees have been or will be
required from me for the right to distribute the Company's products
pursuant to this Agreement. I further understand that I am
not purchasing any interest in security by entering into this Agreement.
6.
This
Agreement is not intended
and shall not be construed to create a relationship of
employer-employee, agency, partnership, or joint venture between myself
and any other representative, or the Company. I understand that I
have no authority to bind New Millennium Associates to any
Obligation.
7.
I
understand and agree that, as
an Independent Associate, I will not be treated as an employee for
Federal or State tax purpose, including but not limited to the Federal
Insurance Contributions Act, the Social Security Act, The Federal
Unemployment Tax Act, income tax withholding at source, or for any
federal, state, or local tax laws. It is my responsibility and I
agree to pay self-employment, local, state, and federal income taxes as
required by law.
8.
I
will not
use the New
Millennium Associates trade name, logo, copyrighted material,
trademarks, or service marks except expressly as provided by New
Millennium Associates I understand that unauthorized use or
duplication of trademarks, service marks, or copyrighted materials is a
violation of federal law. I understand that the same
applies to the trade names and copyrighted materials of the products
marketed by New Millennium Associates
9.
I
agree not
to re-package or
re-label New Millennium Associates products under any other name
or label. I further agree to refrain from producing,
selling, and using, for the purpose of advertising, any written,
recorded, or other materials which have not been expressly
approved or provided by New Millennium Associates for
promoting or describing New Millennium Associates products.
10.
As an
Independent Associate, I
understand and agree that the liability of New Millennium Associate
and it's officers, directors, and shareholders, to Independent
Associates for any claim whatsoever related to the relationship of New
Millennium Associates and Independent Associate, including
any cause of action sounding in contract, tort, or strict
liability, shall not exceed, and be limited to, the amount of unsold
New Millennium Associates product inventory owned by Independent
Associate. In no event shall New Millennium Associates be
liable to Independent Associate for any incidental, special, exemplary,
or consequential damages.
11.
This
Agreement, in conjunction
with the Policies and Procedures, as such may be amended by the
Company, constitutes the entire Agreement between me and the
Company, an no other promises, representations, guarantees, or
agreements of any kind shall be valid unless in writing and signed by
both parties, except as provided herein.
12.
I
agree
that entering into this
Agreement does not violate or breach any other agreements I may have
with any other person or entity.
13.
I
understand and agree that, as
more fully described in the Policies and Procedures, I will
maintain in strictest confidence all confidential and proprietary
information that may be provided to me by New Millennium Associates,
including but not limited to sales reports and other marketing
data, and that I shall not use or disclose such information to compete
with the interests of the Company.
14.
As
more
fully described in the
Polices and Procedures, I agree to indemnify the Company of and from
any and all claims, damage or liability it may occur that arises out of
or is related to my breach of this Agreement or my failure to comply
with applicable law. I understand and agree that, except as set
forth in the Policies and Procedures and as otherwise required by
applicable law, all claims and controversies relating to or arising out
of this Agreement shall be totally and finally settled by arbitration
in North Carolina, in accordance with the Federal Arbitration
Act. This Agreement shall be governed by the laws of
the state of North Carolina, is performable in Raleigh, and
jurisdiction and venue shall only be proper in the federal or state
courts in North Carolina.