Sciences Association (ISSA)
400 East Gutierrez St. Santa Barbara Ca. 93101
TERMS OF AGREEMENT
I hereby apply to become a Representative of the ISSA.
As a Representative of the ISSA, I understand and agree
to the following:
I hereby apply to become an Independent Representative
of ISSA. As an Independent Representative of ISSA, I understand
and agree to the following:
- I am of legal age to enter into mutually binding contracts
under the law of the
State of residency.
- My relationship with ISSA (relationship herein after
referred to as Representative shall be governed by the
Representative Application, this Independent Representative
Agreement, ISSA's Policies and Procedures and Compensation
Plan (all of which are collectively referred to as the
"Agreement" and all of which are hereby incorporated
herein). I have an adequate opportunity to review, discuss
and understand these documents.
- ISSA shall have the right from time to time to make
modifications to the agreement solely at ISSA's discretion.
Such modifications shall take effect upon publication
by ISSA or at such later date, if any as ISSA may specify
in its discretion. In the event of a conflict, the most
recently published Policies and Provisions shall prevail.
- A participant in this marketing plan has a right to
cancel at any time, regardless of reason. Cancellation
must be submitted in writing to ISSA at its principal
- I will use my active and best efforts to conduct my
independent business as an Independent Representative,
in an ethical and professional manner reflecting positively
on the ISSA. I understand that ISSA's nutritional supplements
are not represented as having any medicinal value, and
agree to make no drug claims or represent them to treat
or cure any disease or condition. I agree to indemnify
and hold ISSA harmless, including its officers, employees
or agents, against any claims, liability, obligations,
expenses, including attorney's fees or damages arising
out of any representations made by me in connection
with any of ISSA's nutritional supplement.
- I will honestly and fairly promote and sell ISSA's
products and promote ISSA's business. I will not make
any representations about products except for such representations,
if any which are expressly authorized in current materials
published by ISSA.
- Any statements or activities, which damage or expose
ISSA or its Representatives to liability or loss of
reputation or good will or which violate the Agreement
or application law, shall constitute grounds for termination
of any Representative status for cause in addition to
whatever other remedy is available to ISSA under the
circumstances. If my Representative status is not in
good standing or is suspended, I will not be entitled
to compensation or to transfer my Representative status
while such standing continues.
- Not all Representatives earn income as a result of
their efforts and activities. No one can be guaranteed
success as a Representative. Representative's are not
promised or guaranteed any specific amount of earnings.
No representations what so ever (with respect to earning
potential or otherwise) have been made to me by ISSA
or anyone else.
- I will abide by ISSA's published retail customers
refund policies as set forth in ISSA publications and
any sales tax practices adopted by ISSA. ISSA has a
30 day unconditional 100% money-back guarantee policy
for all retail customers. The ISSA will promptly replace
or refund any products to customer upon receipt of returned
product including the retail customer's name, address
and telephone number. Refunds for Representatives are
detailed in the ISSA Policy and Procedures booklet.
- ISSA does not require its Representatives to maintain
an inventory of ISSA products. All products sold by
ISSA Representatives will be drop-shipped from ISSA
or the product manufacturer directly.
- I shall be an independent contractor doing business
with ISSA. All ISSA Representatives are independent
business people who set their own goals, hours and work
schedule and are responsible for their own personal
efforts. No employment, franchise, agency, partnership,
or joint venture relationship between ISSA and myself
shall come into being. I shall not take a position contrary
to the foregoing. Without limiting the generality of
the foregoing, I
- Will not be an employee of ISSA for
Federal tax purposes or for any other Federal, State
or Local tax or non-tax purposes whatever (including,
but not limited to, income, social security, unemployment
insurance or compensation, worker's compensation,
or any other matter in which legal characterization
as an "employee" is relevant).
- Will have no legal right or authority
to incur any compensation debts, contracts, obligations,
or liabilities on behalf of ISSA.
- Shall be solely responsible for filling
all necessary federal, state and local tax information
returns and paying all applicable taxes, premiums,
licenses, fees and other charges attributable to
my activities and sales.
- Will be responsible for any liability,
health, disability and workers' compensation insurance
related to my activities or status as an ISSA Representative.
- Will abide by any and all federal, state,
country and local laws, rules and will prepare and
file all reports and obtain all licenses as are
required by law or applicable authority relating
to or arising from this Agreement and/or my activities
as an ISSA Representative.
- Will operate my business as a Representative
only in the United States and such other countries
as ISSA may from time to time authorize in writing,
in its discretion: and
- Will indemnify and hold harmless ISSA,
its management and employees with respect to any
act or omission by me in violation of the Agreement
or applicable law.
- ISSA may restrict or prohibit the production, distribution,
sale or use of "sales aids" (as defined by
ISSA) other than those produced, distributed or authorized
by ISSA in writing.
- The term of my Representative status shall begin
upon acceptance of the Application Agreement by ISSA
(Agreement is deemed accepted by ISSA upon shipment
of the Representative Starter Kit) and, subject to earlier
termination by me or by ISSA, shall expire on the anniversary
date of this agreement or such earlier or later date
as ISSA may, in its discretion, specify in writing from
time to time. I must agree to renew this Agreement annually
if I wish to continue to be a Representative and if
ISSA agrees to the same, each in its sole and absolute
- I understand and agree that the ISSA has the right
to make changes in the Compensation plan, product, prices,
Rules and Regulations, ISSA Literature, etc. without
written notice in order to maintain a viable marketing
system and to comply with all applicable laws. I understand
that I must meet all current and future qualifications
to remain an active Representative and continue receiving
commissions and/or bonuses from the ISSA Compensation
- My Representative status, including all rights to
compensation under the Compensation Plan or otherwise
for sales or events after termination, may be terminated
by ISSA upon ISSA's determination that I have breached
the Agreement, engaged in any unfair or deceptive trade
practice ( including, but not limited to, those relating
to recruiting activities or sales of products) or violated
- I will not use ISSA's materials or its trade names,
trademarks, service marks, slogans, logos, symbols,
or color schemes except as expressly permitted in writing
- Because of the personal nature of this Agreement,
I agree that my rights and duties hereunder may not
be transferred or otherwise assigned or delegated by
me, voluntarily or involuntarily, (a) while my Representative
status is not in good standing (as otherwise assigned
or delegated by me, voluntarily or involuntarily, (a)
while my Representative status is not in good standing
(as in when it is in suspension or under investigation
by ISSA, or (b) without the prior written consent of
ISSA, to be given or withheld and subject to such terms
and conditions as ISSA may determine in its sole and
- This Agreement constitutes the complete and exclusive
agreement between ISSA and me. The terms and provisions
of the Agreement and any dispute arising hereunder shall
be governed by the laws of the State of California without
giving effect to the choice if law rules of such State.
If any provision of the Agreement is held to be illegal
unenforceable or invalid in whole or in part, the validity
and enforceability of the remaining provisions shall
not be affected unless an essential purpose of the Agreement
would be defeated by the loss of the illegal, unenforceable,
or invalid provision.
- ISSA and I, as applicant and as a Representative,
agree that the laws of California apply to this agreement,
and the jurisdiction and venue for any cause of action
rests exclusively with the State and Federal Courts
in Santa Barbara County, California. Louisiana residents
may choose jurisdiction and venue in New Orleans, Louisiana.
- This Agreement and the resultant relationships between
ISSA and the Representative, shall not come into force
until and unless it is accepted by ISSA at its corporate
headquarters located in Santa Barbara County, California.