Terms & Conditions
1. I understand that as a 3Believe, Independent Sales Representative “Sales Rep(s)”
a. I have the right to offer for sale 3Believe products and services in accordance with these Terms and Conditions.
b. I have the right to register persons to be Sales Reps in 3Believe.
c. If qualified, I have the right to earn commissions pursuant to the 3Believe Sales Rep
2. I agree to present the 3Believe products for sale to consumers as set forth in official 3Believe literature.
a. I agree to present the 3Believe Benefits Program to persons to become Sales Reps within my territory as set forth in official 3Believe literature.
3. I agree that as a 3Believe Sales Rep, I am an independent contractor, and not an employee, partner, legal representative, or franchisee of 3Believe. I agree that I will be solely responsible for paying all expenses incurred by myself, Including but not limited to travel, food, lodging, secretarial, office, long distance telephone and any other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF 3BELIEVE FOR FEDERAL OR STATE TAX PURPOSES. 3Believe is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, any FICA, or taxes of any kind.
4. I have carefully read and agree to comply with the 3Believe Statement of Policy and the 3Believe Sales Rep Benefits Program, both of which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the “Agreement”). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses, commissions and or promotions from 3Believe I understand that these Terms and Conditions, the 3Believe Statement of Policy, or the 3Believe Sales Rep Benefits Program may be amended at the sole discretion of 3Believe, and I agree to abide by all such amendments. Notification of amendments shall be posted on the 3Believe website. Amendments shall become effective upon publication. The continuation of my 3Believe business or my acceptance of bonuses shall constitute my acceptance of any and all amendments.
5. The term of this Agreement is one year. If I fail to annually renew my 3Believe business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Sales Rep and shall be reclassified as a Customer. I shall not be eligible to receive bonuses, commissions or other Income resulting from the activities of my former sales territories, of which I registered said Sales Rep(s). In the event of cancellation, termination or non-renewal, I waive all rights that I have, Including but not limited to property rights, to my former sales territories, and to any
bonuses or other remuneration derived through the sales and other activities of my former sales territories, 3Believe reserves the right to terminate all Sales Rep Agreements upon 30 days’ notice if the Company elects to:
a. cease business operations;
b. dissolve as a business entity; or
c. terminate distribution of its products and/or services via direct selling channels. Sales Rep may cancel this
Agreement at any time, and for any reason, upon written notice to 3Believe at its principal business address. 3Believe may cancel this Agreement for any reason upon 30 days advance written notice to Sales Rep.
6. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of 3Believe. Any attempt to transfer or assign the Agreement without the express written consent of 3Believe renders the Agreement voidable at the option of 3Believe and may result in termination of my business.
7. I understand that if I fail to comply with the terms of the Agreement, 3Believe may, at its discretion, impose upon me disciplinary action as set forth in the Statement of Policy. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses, whether or not the sales for such bonuses have been completed.
8. 3Believe, its parent or DBA companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “Sales Reps”), shall not be liable for, and I release 3Believe and its Sales Reps from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release 3Believe and its Sales Reps from all liability arising from or relating to the promotion or operation of my 3Believe business and any activities related to it (e.g., the presentation of 3Believe products or the 3Believe Sales Rep Benefits Program, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify 3Believe for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
9. The Agreement, in its current form and as amended by 3Believe at its discretion, constitutes the entire contract between 3Believe and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
10. Any waiver by 3Believe of any breach of the Agreement must be in writing and signed by an authorized officer of 3Believe Waiver by 3Believe of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
11. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
12. This Agreement will be governed by and construed in accordance with the laws of the State of Utah, USA without regard to principles of conflicts of laws. All disputes and claims relating to 3Believe, the Sales Rep Agreement, the 3Believe Sales Rep Benefits Program or its products and services, the rights and obligations of an independent Sales Rep and 3Believe, or any other claims or causes of action relating to the performance of either an independent Sales Rep or 3Believe under the Agreement or the 3Believe Statement of Policy shall be settled totally and finally by arbitration in Salt Lake City, Utah, USA or such other location as 3Believe prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. All issues related to arbitration shall be governed by the Federal Arbitration Act. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration, Including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent 3Believe from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
13. The parties consent to jurisdiction and venue before any federal or state court in Salt Lake City, Salt Lake County, Utah, USA for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
14. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
15. If a Sales Rep wishes to bring an action against 3Believe for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against 3Believe for such act or omission. Sales Rep waives all claims that any other statutes of limitation apply.
16. I authorize 3Believe to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
17. A faxed or computer scan copy of the Agreement shall be treated as an original in all respects.
NOTICE OF RIGHT TO CANCEL
DATE of Transaction: ______________________
You may CANCEL any transaction associated with this application, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you as a result of this sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel any transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to 3Believe, 8100 South 1300 West Suite A, West Jordan, UTAH USA. NOT LATER THAN MIDNIGHT of the third business day following the date set forth above.
I HEREBY CANCEL THIS TRANSACTION.
Buyer’s Signature __________________________________ DATE of Transaction:_______________
Buyer’s Name ___________________________________________