EmzaGold, LLC - Terms and Conditions
I hereby apply to become an independent representative/distributor (hereafter referred to as "IR") with EmzaGold, LLC (hereafter referred to as "EmzaGold" or "the company"). I am not and will not be an employee of EmzaGold, LLC.
Requirements to Become an IR
I am of legal age in the state in which I enter into this Agreement.
I understand that no purchase is necessary to become a representative. The EmzaGold opportunity (business) is free.
IRs with EmzaGold residing in the states of Maine, North Dakota, Michigan, Indiana and West Virginia are limited to a total of $495.00 in purchases from the company during their first six (6) months as IRs.
I understand that the term of this Agreement is one (1) year from the date of my signature and that this agreement will automatically be renewed annually, subject to review and acceptance by EmzaGold.
I understand and agree that I am responsible for my own success and certify that no person or entity has promised or implied that I will make any specific income from the EmzaGold opportunity or compensation plan or that I will be able to earn any amount within any time period. I understand that my success will be as a result of my own efforts in retail sales and the retail sales of those whom I may introduce to the EmzaGold opportunity.
To be eligible to earn commissions, I understand that I must have one (1) personal, active customer. An "active" customer is a customer who has purchased and paid for EmzaGold product during the month for which commission(s) are calculated. If an order cannot be processed due to payment issues, EmzaGold will not be held responsible for customers' monthly purchase shortfalls.
EmzaGold will pay commission amounts over $10 accumulation amount on a monthly basis.
Local, State and Federal Taxes, Licenses and Fees
I acknowledge that I am responsible for obtaining and maintaining all licenses and permits required for me to operate my Independent Contractor business.
IRs as individuals, businesses, corporations or partnerships joining EmzaGold using an Social Security Numbe (SSN) or Employment Identification Number (EIN) are responsible for the payment of all federal, state, county and/or city self-employment taxes or any other tax required under any local, federal, state or regulatory or taxing agency. All members must have a valid address in the U.S. or U.S. Province. Members must provide a valid Social Security, EIN or Tax ID numbers in order to be paid commissions.
Each year, the company will provide Internal Revenue Service (IRS) Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident IR as required by the Internal Revenue Service.
Advertising, Marketing and Use of the EmzaGold Name, Trademark and Logo
I understand that EmzaGold has exclusive rights to the name "EmzaGold", "EmzaGold.com", "EmzaGold, The Immune Enhancer" and any other terms used by EmzaGold, LLC that include "EmzaGold" in connection with slogans, advertising, etc. The use of the EmzaGold name, trademark and logo (and those of any associated vendor) may only be used with prior written approval for a (1) single, specific use per written request from the company.
Any approved use must also indicate the representative's Independent Representative or Independent Distributor status. For approval send submissions to the company's principle business address.
While marketing and promoting the EmzaGold opportunity and products, I will not use deceptive or misleading conduct or practices. EmzaGold specifically prohibits the use of mass unsolicited telephone autodialing, faxing, e-mail ("spam") and "boiler room" telemarketing operations.
IRs may not produce for sale, or any other purpose, any recorded EmzaGold events or speeches without written permission from EmzaGold; nor may IRs reproduce for sale or for personal use any recording of EmzaGold/company-produced audio or video tape presentations.
IRs may not make income projections, income claims or disclose his or her EmzaGold income (including showing of checks, copies of checks, bank statements or website business back office).
EmzaGold has chosen network marketing/multi-level marketing to offer our products and services. IRs may not offer, display or sell EmzaGold products on any internet site (for example: Amazon.com), internet auction site (for example: e-bay.com), etc.
IRs may not sell EmzaGold product(s) for less than the current, company-defined retail price.
Media and Media Inquiries
IRs must not attempt to respond to media inquiries regarding EmzaGold, its products or services of their IR business. ALL inquiries by any type of media must be immediately referred to EmzaGold's Corporate Offices.
Ethical Work Standards and Behavior
I understand that my actions as an IR are to reflect positively on the good name and reputation of EmzaGold. I agree to conduct myself professionally when representing EmzaGold As an independent contractor representing EmzaGold, I will place primary emphasis on selling EmzaGold product(s) to customers.
In all dealings with third parties, I will be clear that I have no authority to bind EmzaGold or any of its affiliated entities.
I agree not to offer the EmzaGold opportunity during the presentation of any other network marketing or multi-level marketing opportunity.
I will not require or encourage other current or prospective customers or IRs to participate in any manner, agreement or contract that varies from the program designed by EmzaGold. I also agree that I will not require or encourage other current IRs or prospective customers or IRs to make any purchase from, or payment to, any individual or other entity to participate in the EmzaGold Marketing and Compensation Plan. This includes marketing or training materials.
I agree that any lists of names, or any names, obtained from EmzaGold during the operation of my independent business with EmzaGold is proprietary information and the exclusive property of EmzaGold. Any misuse, sale, sharing of, rental or lease of any such names is strictly prohibited.
Non-compliance of these conditions, the violation of any law, or any conduct that is unethical or, in EmzaGold's sole discretion, may tend to damage its reputation or goodwill, shall be grounds for termination of the IR.
Methods of Payment for Product and EmzaGold Events
Payment for any product must be completed by credit card (MasterCard, Visa or Discover) or ACH (Automated Clearinghouse, sometimes referred to as "Debit").
No monies should be paid to or accepted by an IR for a sale to a personal retail customer or potential IR.
Forms of payment for company-sponsored events are check, bank draft, money order, cashier's check, (made payable to EmzaGold, LLC), ACH or credit card (MasterCard, Visa or Discover). Event applications submitted without payment information will not be processed.
ALL returned NSF checks and ACH debits are subject to a $5 fee. ALL stopped payments are subject to a $25 fee.
Our Product Guarantee
Independent representatives/distributors understand that a customer's first purchase of EmzaGold Liquid Multi-Vitamin and Mineral Supplement ("the product") has a 90-day guarantee. This offer is good one time per product, per customer. If a customer cancels and/or returns the product within the 90 days of their first purchase, the full cost of the product will be refunded. Shipping and handling will not be refunded. For full refund of purchase price, the customer must return the empty product container to the warehouse from which it was shipped PRIOR to 90 days after shipment. The shipment must contain a copy of the original receipt or packing form and include the customer's name, address, phone number and email.
Items being returned for refund are returned at the customer's expense. Return product with postage due will not be accepted by the warehouse and will be returned at the customer's expense to the customer and no refund will be processed or issued. The shipping charges are only refunded on orders that have not been shipped. Product returned due to incorrect address or failed attempts of delivery will only be reshipped at the customer's own expense. No refund or replacement product will be made if the conditions outlined here are not met.
Indemnification For Unauthorized Claims and Actions NO CLAIMS AS TO ANY PRODUCTS OFFERED BY EMZAGOLD MAY BE MADE EXCEPT THOSE CONTAINED IN OFFICIAL EMZAGOLD MATERIALS. IN PARTICULAR, NO IR MAY MAKE ANY CLAIM THAT EMZAGOLD PRODUCTS ARE USEFUL IN THE CURE, TREATMENT, DIAGNOSIS, MITIGATION OR PREVENTION OF ANY DISEASE. SUCH STATEMENTS CAN BE PERCEIVED AS MEDICAL OR DRUG CLAIMS AND ARE STRICTLY PROHIBITED.
An IR is fully responsible for all of his or her verbal and/or written statements made regarding EmzaGold products, services and the Marketing and Compensation Plan which are not expressly contained in official EmzaGold marketing materials. I agree to hold the company harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by EmzaGold as a result of my unauthorized representations or actions. This provision shall survive the cancellation of an IRs Terms and Conditions and Agreement.
I agree to hold harmless EmzaGold, its affiliates and all of their respective employees, officers and directors from and against any and all liability, claims, loss, expense or costs, including reasonable attorney fees, which are incurred as a result of my acts or omissions or violations of the Agreement.
Transferring, Selling or Willing Your EmzaGold Business
IRs may transfer or sell or will his or her position with the approval of the the company. For complete details of these processes, please contact the Corporate Office.
I certify the accuracy of all information I provided in this agreement and agree that providing false or misleading information to EmzaGold may, at the company's election, result in this agreement becoming void from its inception.
I can cancel my participation as an independent representative/distributor for EmzaGold at any time and for any reason. Cancellation must be submitted in writing to EmzaGold at its principal business address and must include the IRs signature, printed name, address and IR identification number.
If an IR cancels their Agreement voluntarily, the IR may also choose to remain an EmzaGold customer. If the IR is also an autoship customer and wishes the autoship to stop, the IR must contact EmzaGold separately regarding their product shipment cancellation.
Following the cancellation of my IR Agreement, whether voluntarily or involuntarily, I will have no right, title, claim or interest to the downline marketing organization which I operated, or any commission or bonus from the sales generated by the marketing organization. I will waive my rights, including, but no limited to, property rights, in the marketing organization which I may have had.
Following the cancellation of my IR Agreement, I will not represent myself as an EmzaGold IR and will not have the right to sell EmzaGold products or services or offer the EmzaGold opportunity to other potential IRs.
Cancellation shall be effective on the date on which written notice is mailed, faxed or delivered to an express courier. If the cancellation of my IR Agreement is voluntary, I will be paid commissions and bonuses only for the last full pay period I worked prior to cancellation.
I acknowledge that I have been given the opportunity to ask any questions regarding these Terms and Conditions / Policy and Procedures and that I have found them to be reasonable and agree to abide by them full and completely.
I understand that any violation of any of these provisions by me shall constitute a breach of this agreement and become grounds for termination as an IR.
I acknowledge that using this website that I have read and agree to these Terms & Conditions.