TERMS AND CONDITIONS:
1) INDEPENDENT CONTRACTOR(S) a. The Nutriu2 Manufacture Independent Consultant (“Consultant”) certifies that you are of legal age as required by the state in which you reside. b. The Consultant has read the terms and conditions of this Application and Agreement, the Nutriu2 Manufacture Compensation Plan and the Nutriu2 Manufacture Business Guide, all of which are incorporated herein (the “Application” or “Agreement”) and has had the opportunity to have discussed them with his/her (his) attorney. The Consultant understands these terms and conditions and the consequences of not complying with them. c. The Consultant understands that this is not a partnership, license, franchise, agency, or mandate agreement. The Consultant is exercising this Application as an independent contractor and has no right to represent, act on behalf of, or bind Nutriu2 Manufacture (“Zulu.Care”) or any of its subsidiaries. d. The Consultant shall be solely responsible for the payment of all applicable state and federal income taxes. and. As a consultant and independent contractor, the Consultant agrees to comply with all applicable federal, state, and local laws and regulations in connection with this Application, the business, and the sale of all products sold by Nutriu2 Manufacture. (“Products”) including, but not limited to, obtaining and paying for licenses, duties, and permits that may be required to conduct your business as a Consultant. f. The Consultant understands that he is not an employee of Nutriu2 Manufacture. and that only he will determine the number of hours needed to carry out his business. The Consultant will purchase products for sale only from Nutriu2 Manufacture. or from such suppliers or sources as Nutriu2 Manufacture designates. The Consultant will not be treated as an employee of Nutriu2 Manufacture for any reason, including federal or state tax purposes.
2. BUSINESS CONDUCT The Consultant acknowledges that: a. it is responsible for overseeing all sales and distribution of Products in accordance with the rules and guidelines of Nutriu2 Manufacture and understands that this includes supervising other Consultants in its downline. b. you may not have any interest in any other distribution of Nutriu2 Manufacture, whether as a partner, shareholder, agent, agent, agent, agent, consultant, or employee. c. the Nutriu2 Manufacture Compensation Plan and the Nutriu2 Manufacture Business Guide prohibit the purchase of Products in unreasonable quantities. To be eligible to order additional Products, the Consultant must certify that it has retailed at least seventy (70) percent of all previous Product orders. To this end, the Consultant agrees to maintain accurate records and receipts of all sales transactions. You must provide Nutriu2 Manufacture, upon request, with the names and addresses of your retail customers on a monthly basis for verification purposes. Nutriu2 Manufacture will collect and remit any applicable goods and sales taxes and service taxes that may be due on the invoiced price of the Taxable Products and/or Services. In the event that the Consultant is notified of the recall of a Product, the Consultant shall comply with such notice immediately. The Consultant will become a Consultant and this Application will become an agreement only after Nutriu2 Manufacture accepts it. The Consultant will then be entitled to purchase Products in bulk for one (1) year. Nutriu2 Manufacture has the absolute right and sole discretion to reject the Consultant’s request for any reason.
3. PROPRIETARY USE OF THE PROPERTY OF NUTRIU2 MANUFACTURE a. The Consultant agrees to use only the promotional materials provided by Nutriu2 Manufacture and to use them in accordance with the provisions of the Business Guide and the Compensation Plan. b. The Consultant acknowledges that all patents, trademarks, service marks and formulas relating to the Products.
They are the exclusive property of Nutriu2 Manufacture and, except in strict accordance with this Application, the Consultant has not been granted any license to use such patents, trademarks, service marks and/or formulas. c. Consultant acknowledges that it will not use such patents or marks unless authorized in writing by Nutriu2 Manufacture.
4. PRODUCT LIABILITY/PROFITS The Consultant hereby agrees not to make any representations or warranties about the effectiveness of the Products or to make any statements of potential income or assurance of income or profits of any kind to any person, except for the actual sales volume or profits generated by the Consultant’s business or any other Consultant that the Consultant has designated.
5. TERM AND TRANSFERABILITY OF THE APPLICATION The term of this Application will be twelve (12) months and is renewable once the Consultant submits it and Nutriu2 Manufacture accepts its intention to renew it, as well as the Consultant pays the annual administrative fee. The Consultant has the right to cancel the Agreement at any time, by giving Nutriu2 Manufacture no less than thirty (30) days’ written notice. Except as provided in the Business Guide, this Application is not transferable or assignable in whole or in part by the Consultant. Nutriu2 Manufacture shall have the full right and authority to transfer and/or assign this Application to any party it deems appropriate in its sole and absolute discretion.
6. INDEMNIFICATION The Consultant acknowledges that he is an independent contractor and that he is solely responsible for the operation of his business. The Consultant agrees to hold Nutriu2 Manufacture, its directors, officers, employees and agents harmless from any and all claims, actions, liabilities and/or damages that may result from the operation of the Consultant’s business and/or the sale of Products and releases Nutriu2 Manufacture, its directors, officers, employees and agents from any liability arising therefrom.
7. NO SOLICITATION During the term hereof and for a period of one (1) year thereafter, the Consultant shall not, directly or indirectly, on its own behalf or on behalf of any other person or on behalf of or in association with any person, engage any Nutriu2 Manufacture employee, solicit or engage any Nutriu2 Manufacture Consultant or any customer of Nutriu2 Manufacture or, in no way will you attempt to influence or induce any of them to modify or terminate your employment or business relationship with Nutriu2 Manufacture. This provision shall survive the termination of this document.
8. NON-COMPETITION During the term of this Application and while engaged in the business or performing activities related to this Application, the Consultant agrees not to compete with the commercial interests of Nutriu2 Manufacture by selling or promoting other products by participating in other network marketing opportunities. The Consultant agrees that for two (2) years after the termination of this Application, it will not sell whey protein isolate products or derivatives thereof, either through retail distribution or direct sales. The Consultant recognizes the necessity of these restrictions to protect the valuable interests of Nutriu2 Manufacture and agrees that a court order and/or other available remedy are necessary and appropriate for Nutriu2 Manufacture to protect such interests.
9. CONFIDENTIALITY Consultants may obtain access to information that may be considered confidential or proprietary to Nutriu2 Manufacture. Such information (“Confidential Information”) includes, but is not limited to, names and addresses of Consultants, names and addresses of Nutriu2 Manufacture’s employees, customers, genealogies, and corporate and product strategies. The Consultant agrees that it will not disclose, directly or indirectly, such Confidential Information to any third party or use, directly or indirectly, the Confidential Information to compete with Nutriu2 Manufacture or for any purpose other than to promote Nutriu2 Manufacture and its Products. It is understood and agreed that, but for this clause, Nutriu2 Manufacture would not provide the Consultant with Confidential Information. This provision shall survive the termination of this document.
10. COMPENSATION Nutriu2 Manufacture shall at all times have the right to withhold, deduct and offset any amounts due to the Consultant as a bonus, volume reimbursement or any other form of compensation based on sales of products or for any other reason to compensate Nutriu2 Manufacture for any amounts owed by the Consultant for Products or otherwise.
11. VIOLATIONS, TERMINATION AND SUSPENSION Violation of sections 2(d), 8 or 9 will result in the loss of purchasing privileges, suspension and/or termination of participation in any compensation plan or termination of this Application as well as the filing of an action for injunctive relief and damages by Nutriu2 Manufacture. In the event that the Consultant is in breach of the terms hereof, which shall include filing for bankruptcy or insolvency under the terms of applicable bankruptcy and insolvency laws or applying for protection thereunder or failing to conduct its Nutriu2 Manufacture business in accordance with such rules and regulations as may be established by Nutriu2 Manufacture, this document can be terminated by Nutriu2 Manufacture. The Consultant may be suspended or terminated, as the case may be, for violating the terms of this Application or any rules and regulations that may be established by Nutriu2 Manufacture. Written notice of the suspension or termination, as the case may be, will be sent to the Consultant by mail, facsimile or email, citing the reasons for the action. The suspension or termination will be effective immediately upon notice. In the event of suspension, the Consultant will lose the right, during the suspension period, to purchase Products at wholesale price, receive commissions, bonuses or other compensation that might otherwise be due to him/her. In addition, the Consultant shall not be entitled during the suspension period to represent himself or herself as a Consultant. In the event that applicable federal or state law is inconsistent with or requires additional or other actions such as those set forth herein, such procedure will be automatically modified to comply with compliance for residents of that particular state. In the event of termination, the Consultant will no longer be authorized to sell Products or benefit from other Nutriu2 Manufacture programs or services, receive bonuses, commissions or other forms of compensation, sponsor other consultants and all rights associated with a Consultant’s activities and the Consultant’s sales organization or genealogical line. In the event of termination, the Consultant may not reapply to Nutriu2 Manufacture for a period of one (1) calendar year from the date of termination. In the event that applicable federal or state law is inconsistent with or requires additional or other measures such as those set forth herein, such procedure will be automatically modified to comply with compliance by residents of that particular state. The Consultant may terminate this Application at any time and for any reason upon prior written notice to Nutriu2 Manufacture with no less than thirty (30) days’ notice. In such a case, Nutriu2 Manufacture shall have the right to refuse to complete orders subsequently submitted by the Consultant without any liability.
12. GOVERNING LAW This Application and the relationship and all other matters between the Consultant and Nutriu2 Manufacture shall be governed by the following:
Governed by the laws of California, USA, where Nutriu2 is manufactured, as applicable.
13. SEVERABILITY If any provision, or part thereof, hereof is held to be invalid, illegal, or unenforceable for any reason, such provision, or portion thereof, shall be wholly severable and the remaining terms, or portions thereof, shall remain in full force and effect and shall be construed as if such provision were invalid, illegal, or unenforceable, or part thereof, would never have been a party to this Agreement. In addition, in lieu of an invalid, illegal, or unenforceable provision, a similar provision shall be added to its terms to replace such invalid, illegal, or unenforceable provision.
14. MODIFICATION The Consultant acknowledges and agrees that Nutriu2 Manufacture reserves the right to modify the terms of this Application and other documents at any time, in its sole discretion. Such modifications will be binding upon notice to the Consultant of such changes. The notification shall be made in electronic or printed form.
15. ENTIRE AGREEMENT AND INTERPRETATION This Application constitutes the entire agreement between the Consultant and Nutriu2 Manufacture and supersedes all prior negotiations, understandings, agreements or arrangements, whether written or oral. The Consultant hereby acknowledges that Nutriu2 Manufacture has made no representations or warranties to him. In the event that more than one applicant has signed this Application, all singular nouns and pronouns contained herein shall be deemed plural and all necessary grammatical changes shall be deemed incorporated herein. Accordingly, where more than one applicant has signed this Application, such applicant hereby acknowledges that it will be jointly and severally liable for the Consultant’s commitments, representations, obligations, and covenants pursuant to this Application. Gender-specific nouns and pronouns shall be deemed to refer to the gender of the Consultant.
16. WAIVER The failure of Nutriu2 Manufacture to exercise or delay in exercising any right under the Agreement shall not be deemed a waiver thereof.
17. NOTICES Any notice or other written communication made under or in connection with this Application may be personally delivered or sent by email, as first-class mail, to Nutriu2 Manufacture at the address shown in the Application or at such other address as such party may from time to time notify the other. Any notice given under this Agreement shall commence on the day it is mailed to the addresses listed on the back of the application or to any replacement address that has been notified.
18. Zulu.Care Nutriu2 Manufacture Warranty Policy 100% satisfaction guarantee for exchange for another product or credit in the Zulu Care store.
19. Star Welcome Packs Nutriu2 Star Welcome Kits Manufacturing, 100% guarantee for Zulu Care store credit, after paying commissions for these packages, the sale is final. No exchanges or store credit are accepted for welcome kits.
20. Note: Prices, formulas, special incentives, and compensation plan are subject to change without notice. Any fraudulent activity with credit cards or the Nutriu2 Manufacture compensation plan is grounds to terminate your privileges immediately.
2. BUSINESS CONDUCT The Consultant acknowledges that: a. it is responsible for overseeing all sales and distribution of Products in accordance with the rules and guidelines of Nutriu2 Manufacture and understands that this includes supervising other Consultants in its downline. b. you may not have any interest in any other distribution of Nutriu2 Manufacture, whether as a partner, shareholder, agent, agent, agent, agent, consultant, or employee. c. the Nutriu2 Manufacture Compensation Plan and the Nutriu2 Manufacture Business Guide prohibit the purchase of Products in unreasonable quantities. To be eligible to order additional Products, the Consultant must certify that it has retailed at least seventy (70) percent of all previous Product orders. To this end, the Consultant agrees to maintain accurate records and receipts of all sales transactions. You must provide Nutriu2 Manufacture, upon request, with the names and addresses of your retail customers on a monthly basis for verification purposes. Nutriu2 Manufacture will collect and remit any applicable goods and sales taxes and service taxes that may be due on the invoiced price of the Taxable Products and/or Services. In the event that the Consultant is notified of the recall of a Product, the Consultant shall comply with such notice immediately. The Consultant will become a Consultant and this Application will become an agreement only after Nutriu2 Manufacture accepts it. The Consultant will then be entitled to purchase Products in bulk for one (1) year. Nutriu2 Manufacture has the absolute right and sole discretion to reject the Consultant’s request for any reason.
3. PROPRIETARY USE OF THE PROPERTY OF NUTRIU2 MANUFACTURE a. The Consultant agrees to use only the promotional materials provided by Nutriu2 Manufacture and to use them in accordance with the provisions of the Business Guide and the Compensation Plan. b. The Consultant acknowledges that all patents, trademarks, service marks and formulas relating to the Products.
They are the exclusive property of Nutriu2 Manufacture and, except in strict accordance with this Application, the Consultant has not been granted any license to use such patents, trademarks, service marks and/or formulas. c. Consultant acknowledges that it will not use such patents or marks unless authorized in writing by Nutriu2 Manufacture.
4. PRODUCT LIABILITY/PROFITS The Consultant hereby agrees not to make any representations or warranties about the effectiveness of the Products or to make any statements of potential income or assurance of income or profits of any kind to any person, except for the actual sales volume or profits generated by the Consultant’s business or any other Consultant that the Consultant has designated.
5. TERM AND TRANSFERABILITY OF THE APPLICATION The term of this Application will be twelve (12) months and is renewable once the Consultant submits it and Nutriu2 Manufacture accepts its intention to renew it, as well as the Consultant pays the annual administrative fee. The Consultant has the right to cancel the Agreement at any time, by giving Nutriu2 Manufacture no less than thirty (30) days’ written notice. Except as provided in the Business Guide, this Application is not transferable or assignable in whole or in part by the Consultant. Nutriu2 Manufacture shall have the full right and authority to transfer and/or assign this Application to any party it deems appropriate in its sole and absolute discretion.
6. INDEMNIFICATION The Consultant acknowledges that he is an independent contractor and that he is solely responsible for the operation of his business. The Consultant agrees to hold Nutriu2 Manufacture, its directors, officers, employees and agents harmless from any and all claims, actions, liabilities and/or damages that may result from the operation of the Consultant’s business and/or the sale of Products and releases Nutriu2 Manufacture, its directors, officers, employees and agents from any liability arising therefrom.
7. NO SOLICITATION During the term hereof and for a period of one (1) year thereafter, the Consultant shall not, directly or indirectly, on its own behalf or on behalf of any other person or on behalf of or in association with any person, engage any Nutriu2 Manufacture employee, solicit or engage any Nutriu2 Manufacture Consultant or any customer of Nutriu2 Manufacture or, in no way will you attempt to influence or induce any of them to modify or terminate your employment or business relationship with Nutriu2 Manufacture. This provision shall survive the termination of this document.
8. NON-COMPETITION During the term of this Application and while engaged in the business or performing activities related to this Application, the Consultant agrees not to compete with the commercial interests of Nutriu2 Manufacture by selling or promoting other products by participating in other network marketing opportunities. The Consultant agrees that for two (2) years after the termination of this Application, it will not sell whey protein isolate products or derivatives thereof, either through retail distribution or direct sales. The Consultant recognizes the necessity of these restrictions to protect the valuable interests of Nutriu2 Manufacture and agrees that a court order and/or other available remedy are necessary and appropriate for Nutriu2 Manufacture to protect such interests.
9. CONFIDENTIALITY Consultants may obtain access to information that may be considered confidential or proprietary to Nutriu2 Manufacture. Such information (“Confidential Information”) includes, but is not limited to, names and addresses of Consultants, names and addresses of Nutriu2 Manufacture’s employees, customers, genealogies, and corporate and product strategies. The Consultant agrees that it will not disclose, directly or indirectly, such Confidential Information to any third party or use, directly or indirectly, the Confidential Information to compete with Nutriu2 Manufacture or for any purpose other than to promote Nutriu2 Manufacture and its Products. It is understood and agreed that, but for this clause, Nutriu2 Manufacture would not provide the Consultant with Confidential Information. This provision shall survive the termination of this document.
10. COMPENSATION Nutriu2 Manufacture shall at all times have the right to withhold, deduct and offset any amounts due to the Consultant as a bonus, volume reimbursement or any other form of compensation based on sales of products or for any other reason to compensate Nutriu2 Manufacture for any amounts owed by the Consultant for Products or otherwise.
11. VIOLATIONS, TERMINATION AND SUSPENSION Violation of sections 2(d), 8 or 9 will result in the loss of purchasing privileges, suspension and/or termination of participation in any compensation plan or termination of this Application as well as the filing of an action for injunctive relief and damages by Nutriu2 Manufacture. In the event that the Consultant is in breach of the terms hereof, which shall include filing for bankruptcy or insolvency under the terms of applicable bankruptcy and insolvency laws or applying for protection thereunder or failing to conduct its Nutriu2 Manufacture business in accordance with such rules and regulations as may be established by Nutriu2 Manufacture, this document can be terminated by Nutriu2 Manufacture. The Consultant may be suspended or terminated, as the case may be, for violating the terms of this Application or any rules and regulations that may be established by Nutriu2 Manufacture. Written notice of the suspension or termination, as the case may be, will be sent to the Consultant by mail, facsimile or email, citing the reasons for the action. The suspension or termination will be effective immediately upon notice. In the event of suspension, the Consultant will lose the right, during the suspension period, to purchase Products at wholesale price, receive commissions, bonuses or other compensation that might otherwise be due to him/her. In addition, the Consultant shall not be entitled during the suspension period to represent himself or herself as a Consultant. In the event that applicable federal or state law is inconsistent with or requires additional or other actions such as those set forth herein, such procedure will be automatically modified to comply with compliance for residents of that particular state. In the event of termination, the Consultant will no longer be authorized to sell Products or benefit from other Nutriu2 Manufacture programs or services, receive bonuses, commissions or other forms of compensation, sponsor other consultants and all rights associated with a Consultant’s activities and the Consultant’s sales organization or genealogical line. In the event of termination, the Consultant may not reapply to Nutriu2 Manufacture for a period of one (1) calendar year from the date of termination. In the event that applicable federal or state law is inconsistent with or requires additional or other measures such as those set forth herein, such procedure will be automatically modified to comply with compliance by residents of that particular state. The Consultant may terminate this Application at any time and for any reason upon prior written notice to Nutriu2 Manufacture with no less than thirty (30) days’ notice. In such a case, Nutriu2 Manufacture shall have the right to refuse to complete orders subsequently submitted by the Consultant without any liability.
12. GOVERNING LAW This Application and the relationship and all other matters between the Consultant and Nutriu2 Manufacture shall be governed by the following:
Governed by the laws of California, USA, where Nutriu2 is manufactured, as applicable.
13. SEVERABILITY If any provision, or part thereof, hereof is held to be invalid, illegal, or unenforceable for any reason, such provision, or portion thereof, shall be wholly severable and the remaining terms, or portions thereof, shall remain in full force and effect and shall be construed as if such provision were invalid, illegal, or unenforceable, or part thereof, would never have been a party to this Agreement. In addition, in lieu of an invalid, illegal, or unenforceable provision, a similar provision shall be added to its terms to replace such invalid, illegal, or unenforceable provision.
14. MODIFICATION The Consultant acknowledges and agrees that Nutriu2 Manufacture reserves the right to modify the terms of this Application and other documents at any time, in its sole discretion. Such modifications will be binding upon notice to the Consultant of such changes. The notification shall be made in electronic or printed form.
15. ENTIRE AGREEMENT AND INTERPRETATION This Application constitutes the entire agreement between the Consultant and Nutriu2 Manufacture and supersedes all prior negotiations, understandings, agreements or arrangements, whether written or oral. The Consultant hereby acknowledges that Nutriu2 Manufacture has made no representations or warranties to him. In the event that more than one applicant has signed this Application, all singular nouns and pronouns contained herein shall be deemed plural and all necessary grammatical changes shall be deemed incorporated herein. Accordingly, where more than one applicant has signed this Application, such applicant hereby acknowledges that it will be jointly and severally liable for the Consultant’s commitments, representations, obligations, and covenants pursuant to this Application. Gender-specific nouns and pronouns shall be deemed to refer to the gender of the Consultant.
16. WAIVER The failure of Nutriu2 Manufacture to exercise or delay in exercising any right under the Agreement shall not be deemed a waiver thereof.
17. NOTICES Any notice or other written communication made under or in connection with this Application may be personally delivered or sent by email, as first-class mail, to Nutriu2 Manufacture at the address shown in the Application or at such other address as such party may from time to time notify the other. Any notice given under this Agreement shall commence on the day it is mailed to the addresses listed on the back of the application or to any replacement address that has been notified.
18. Zulu.Care Nutriu2 Manufacture Warranty Policy 100% satisfaction guarantee for exchange for another product or credit in the Zulu Care store.
19. Star Welcome Packs Nutriu2 Star Welcome Kits Manufacturing, 100% guarantee for Zulu Care store credit, after paying commissions for these packages, the sale is final. No exchanges or store credit are accepted for welcome kits.
20. Note: Prices, formulas, special incentives, and compensation plan are subject to change without notice. Any fraudulent activity with credit cards or the Nutriu2 Manufacture compensation plan is grounds to terminate your privileges immediately.
