Member Agreement

 

BACKGROUND

The Company intends to create, develop, produce and distribute a range of organic skin care, home care and nutritional products for distribution by the Member in accordance with the MiVeda Member Agreement.

 

IT IS AGREED AS FOLLOWS:

MiVeda Pty Ltd (ACN 008038819) (“the Company”) and each of its registered Members (“the Member”) agree that the below terms and conditions  shall be read in conjunction with and incorporate the policies, terms and conditions set out in the following documents:

1. The MiVeda Rewards Plan
2. The MiVeda Code of Conduct
3. The MiVeda Administration Policy
4. The MiVeda Ordering Policy
5. The MiVeda Advertising and Promotion Policy
6. The MiVeda General Provisions

together forming a binding agreement between the Member and the Company (“the MiVeda Member Agreement").

 

1. The Member is of legal age to enter into the MiVeda Member Agreement.
2. The Member shall have the right to sell the products offered by the Company in accordance with the MiVeda Member Agreement, and specifically the Company's Rewards Plan.
3. The Company may reasonably amend, change, alter or modify any aspect of the MiVeda Member Agreement at any time and the Member agrees to adhere to any such new amended Member Agreement.
4. The term of the MiVeda Member Agreement shall be one (1) year from the date of acceptance by the Company, unless earlier terminated by the Company or the Member in accordance with the terms of the MiVeda Member Agreement.
5. Provided the Member is not in breach any provision of the MiVeda Member Agreement, the term of the MiVeda Member Agreement will be annually renewed on the anniversary of the commencement date of the MiVeda Member Agreement for a successive one (1) year period.
6. The Member is an independent contractor who establishes and services customers for the Company's products.
7. The Member is not an agent, franchisee or employee of the Company.
8.  Nothing within this Agreement shall be construed as creating an agency, franchise, partnership or joint venture relationship between the Company and the Member.
9. As an independent contractor, the Member shall: a) Sell the Company's products in accordance with the MiVeda Member Agreement; b) Comply with all federal, State and local laws, rules and regulations that apply to this Agreement; c) At the Member's own expense; obtain, make, execute or file such reports and licenses as are required by law or public authority with respect to the MiVeda  Member  Agreement; d) Be solely responsible for the declaration and payment of all local, State and Federal taxes that may apply to the Member due to the MiVeda Member Agreement.
10. Failure to comply with any provision of the MiVeda Member Agreement may result in the suspension or cancellation of the Member’s membership (“Membership”) with the Company.
11. A Member shall be entitled to cancel their Membership at any time and for any reason upon sending written notice to the Company.
12. In the event that a dispute arises between the Company and a Member or among Members as to their respective rights, duties and obligations under the MiVeda Member Agreement, such disputes shall be exclusively resolved pursuant to the MiVeda General Provisions.
13. No verbal or other written representations, understandings, stipulations, agreements or promises have been made relating to the subject matter of the MiVeda Member Agreement which have not been incorporated in writing by the MiVeda Member Agreement.
14. The MiVeda Member Agreement constitutes the entire agreement and understanding between the parties.
15. The Member shall not use the Company's logos, trade names or trademarks, intellectual property or products in any way other than in accordance with the MiVeda Member Agreement or as otherwise approved in writing by the Company.
16. The Member shall only use the sales aids, literature, advertising material and information as provided by the Company or its nominees.
17. The Member’s Membership position or level of qualification may be inherited or bequeathed, but cannot be transferred or assigned during the lifetime of the Member without the written consent of the Company.
18. The Company does not discriminate in its acceptance or rejection of applicants because of race, creed, gender, colour or nation of origin.
19. The MiVeda Member Agreement shall not be binding on either party until the Company has accepted it at its registered corporate office in Australia.
20. The Member will accept all newsletters reasonably published and electronically sent by the Company or the Company’s nominee and provided to the Member.
21. If any provision of the MiVeda Member Agreement is found to be invalid all other provisions and clauses shall remain in full force and effect.