Thirty-One Gifts Canada Inc. c/o Thirty-One Gifts LLC INDEPENDENT SALES CONSULTANT APPLICATION AND AGREEMENT
3425 Morse Crossing • Columbus, Ohio 43219 Phone: 855-GIFTS31 (855.443.8731) • Fax: 614.337.1459 • mythirtyone.ca
APPLICANT INFORMATION Name (First, Middle, Last):
Social Insurance Number:
Email Address:
Telephone:
Cell:
Mailing Address:
City:
Province:
Postal Code:
SPONSOR INFORMATION Name:
Consultant I.D. No:
Email Address:
Telephone:
Enrollment Kit
Payment Information
Each Applicant must purchase a Thirty-One Gifts Canada Enrollment Kit. The Kit contains necessary tools and documents to help you get your Thirty-One Gifts Canada business launched.
¨ MasterCard
Enrollment Kit
Expiration Date (MM/YYYY): _________________
Cdn $115.00*
Kit Choice: Black & White or Neutral Pop (circle choice)
¨ Visa
¨ American Express
¨ Discover
Card No.: _______________________________________________
Name on Card: ___________________________________________ Authorized Signature: _______________________________________ Date:__________________
* Does not include tax or shipping and handling charges. Any Enrollment Kit personalization offered is included for free.
By signing above, I authorize Thirty-One Gifts Canada Inc. to charge my credit card for all orders, website subscriptions and payments indicated on this Application and Agreement. Billing address for credit card must match the Applicant’s address listed above.
For Statement of Buyer’s Right to Cancel, please see page 3. I have carefully read the Terms and Conditions on the back of this Independent Sales Consultant Application and Agreement, the Thirty-One Gifts Canada Career Path and the Thirty-One Gifts Canada Consultant Guidebook (we refer to all of these documents together as the “Agreement”), and agree to abide by all terms set forth in the Agreement. I understand that I have the right to terminate my Thirty-One Gifts independent business at any time, with or without reason, by sending written notice to Thirty-One Gifts at the address listed above. ______________________________________________________________ Applicant’s Signature
_______________________ Date
By signing above, I certify that I have not been a Thirty-One Gifts Consultant within the past six months. I understand that any intentional misrepresentation of any information I provide on this Agreement may result in action by Thirty-One Gifts Canada, up to and including termination of this Agreement. Mail the completed signed original Agreement to: Thirty-One Gifts Canada Inc., c/o Thirty-One Gifts LLC, Attn: CAGS Dept., 3425 Morse Crossing, Columbus, OH 43219, U.S.A. or Fax to 614.337.1459. If you fax the Agreement, please remember to fax both the front and back sides. You will receive an email confirmation once Thirty-One Gifts Canada has accepted your application, and your submission is consent to receiving same. ONE COPY to Thirty-One Gifts
TWO COPIES to be kept by Applicant
INDEPENDENT SALES CONSULTANT APPLICATION AND AGREEMENT TERMS AND CONDITIONS 1. I understand that as a Thirty-One Gifts Canada Consultant: a. I have the right to offer for sale Thirty-One Gifts products and services in accordance with these Terms and Conditions. b. I have the right to enroll individuals in Thirty-One Gifts. c. If I meet certain requirements, I have the right to earn commissions pursuant to Thirty-One Gifts Canada Career Path. 2. I agree to present Thirty-One Gifts Canada Career Path and Thirty-One Gifts Canada products and services as set forth in official Thirty-One Gifts Canada literature. 3. I agree that as a Thirty-One Gifts Canada Consultant I am an independent contractor, and not an employee, partner, legal representative or franchisee of Thirty-One Gifts Canada. I acknowledge that the terms of my legal relationship with Thirty-One Gifts Canada are set out further in the Thirty-One Gifts Canada Consultant Guidebook. I agree that I will be solely responsible for paying all expenses I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I WILL NOT BE TREATED AS AN EMPLOYEE OF THIRTY-ONE GIFTS FOR FEDERAL OR PROVINCIAL TAX OR ANY OTHER PURPOSES. Thirty-One Gifts Canada is not responsible for withholding, and will not withhold or deduct from my bonuses and commissions, if any, taxes or contributions for worker’s compensation, unemployment insurance or security benefits of any kind.
the effective date of the amendment. The continuation of my Thirty-One Gifts Canada business or my acceptance of bonuses or commissions after the effective date of any amendment will constitute my acceptance of any and all amendments. 8. I understand that Thirty-One Gifts Canada reserves the right to enter into sales tax collection agreements with federal and/or provincial taxing authorities, which could relieve me of the obligation to charge GST/HST or other sales taxes on my commissions earned on the supply of the services of arranging for sales of Thirty-One Gifts Canada products to retail customers. Where Thirty-One Gifts Canada chooses to enter into such a sales tax collection agreement, and obtains approval from the relevant government body, I understand that Thirty-One Gifts Canada will advise me. For these purposes, I jointly elect with Thirty-One Gifts Canada to have the NSM rules in section 178 of the Excise Tax Act apply to network commissions at all times when an approval granted to the network seller is in effect. 9. A s a sales representative arranging sales there is no reason for me to purchase inventory, and I am strictly prohibited from purchasing products in commercially unreasonable amounts. 10. I acknowledge that Thirty-One Gifts Canada has a commercially reasonable buy-back guarantee set out in the Thirty-One Gifts Canada Consultant Guidebook. My signature above signifies that I am aware of the buy-back guarantee, and have been informed of the existence of the buy-back guarantee, and the manner in which it can be exercised.
4. I understand I have the option to purchase a monthly subscription for a replicated website that resides on the thirtyonegifts.ca domain (e.g. www.mythirtyone.ca/[ConsultantID] and the monthly customer email service. If I choose to purchase the monthly subscription, a fee (currently $14.95 plus tax per month) will be charged to my credit card on file. If I only want to subscribe to the replicated website and not the monthly customer email (currently $12.95 plus tax per month), I understand that I may change my monthly subscription through my Virtual Office on the Subscription tab. I may also cancel or make changes to my monthly subscription at any time through my Virtual Office on the Subscription tab. Any such cancellation or modification will not alter my rank or compensation with Thirty-One Gifts Canada. I understand that this service(s) may be refundable pursuant to the terms of the buy-back guarantee set out in the Thirty-One Gifts Canada Consultant Guidebook.
11. If my Agreement is cancelled or terminated for any reason, I understand that I will lose all rights as a Consultant. I will not be eligible to offer for sale Thirty-One Gifts Canada products and services nor will I be eligible to receive commissions, bonuses or other income resulting from the activities of my former downline sales organization. In the event of cancellation or termination, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. Thirty-One Gifts Canada reserves the right to terminate all Consultant Agreements upon 30 days’ notice if Thirty-One Gifts Canada elects to: (1) stop operating its business; (2) dissolve as a business entity; or (3) terminate distribution of its products through direct selling. I may cancel this Agreement at any time, and for any reason, by giving notice to Thirty-One Gifts Canada.
5. I understand that there is only one revenue generating event for a Consultant, namely the sale of Thirty-One Gifts Canada products to retail customers and acknowledge that all commissions and other remuneration (including overrides, bonuses, incentives and awards) shall be paid solely as a consequence of a Consultant’s supply of the services of arranging for same. I understand that no commissions or other remuneration shall be paid to anyone for the mere sponsorship or enrollment of any other Consultant, or for any other reason. Consultants are strictly prohibited from making or representing that compensation is payable for anything other than arranging for the sale of goods to retail customers.
12. I may not assign any rights under the Agreement. Any attempt to transfer or assign the Agreement without the express written consent of Thirty-One Gifts Canada renders the Agreement voidable at the option of Thirty-One Gifts Canada and may result in termination of my business.
6. I understand that there is no financial or purchase requirement to become a Consultant or to enter, maintain or advance in the Career Path. In order to familiarize new Consultants with Thirty-One Gifts Canada products, services, sales techniques, sales aids and other matters, and for the sole purpose of facilitating sales, Thirty-One Gifts Canada requires that Consultants purchase an Enrollment Kit. Thirty-One Gifts Canada will sell this Enrollment Kit to new Consultants at its cost price of Cdn $135.00 (plus any licensing fees, if applicable after $135). Any products I choose to purchase, including the Starter Kit, may be returned for refund under the terms of the Consultant Buy-Back Policy, below. I understand that this Enrollment Kit does not contain any commissionable products and any products I choose to purchase in connection with becoming a Consultant are optional. 7. I am competent and of legal age to enter into binding contracts and I have carefully read and agree to comply with the Thirty-One Gifts Canada Consultant Guidebook and the Thirty-One Gifts Canada Career Path, both of which are incorporated into and made a part of these Terms and Conditions (as defined on the first page, the “Agreement”). If I have not yet reviewed the Consultant Guidebook and/or Career Path at the time I sign this Agreement, I will review them within five days of signing this Agreement. I understand that they are posted at www.ThirtyOneToday.ca in my password protected Consultant site. If I do not agree to the Consultant Guidebook or Career Path, my sole recourse is to notify Thirty-One Gifts Canada and cancel my Agreement within ten days of signing this Agreement. Failure to cancel constitutes my acceptance of the Agreement including the Consultant Guidebook and Career Path. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for commissions, overrides and bonuses from Thirty-One Gifts Canada. I understand that the Agreement may be amended at the sole discretion of Thirty-One Gifts Canada, and I agree to abide by all such amendments. Notification of amendments will be provided, as more fully described in the Consultant Guidebook. Amendments will become effective 30 days after publication, but amended policies will not apply retroactively to conduct that occurred prior to
13. I understand that if I fail to comply with the terms of the Agreement, Thirty-One Gifts Canada may, at its discretion, rely on its contractual remedies set out in the Consultant Guidebook. I agree that among other things, Thirty-One Gifts Canada may deduct, withhold, set-off or change to any form of payment I have previously authorized, any amounts I owe or am indebted to Thirty-One Gifts Canada. 14. Thirty-One Gifts Canada, its parent or affiliated companies, directors, officers, members, managers, shareholders, employees, assigns and agents (collectively referred to as “affiliates”), will not be liable for, and I release and hold harmless Thirty-One Gifts Canada and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release and hold harmless Thirty-One Gifts Canada and its affiliates from all liability arising from or relating to the promotion or operation of my Thirty-One Gifts Canada business and any activities related to it (e.g., the presentation of Thirty- One Gifts Canada products or Career Path, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Thirty-One Gifts Canada for any liability, damages, fines, penalties or other awards arising from any unauthorized conduct that I undertake in operating my business. 15. The Agreement, in its current form and as amended by Thirty-One Gifts Canada at its discretion, constitutes the entire contract between Thirty-One Gifts Canada and myself. Any promises, representations, offers or other communications not expressly set forth in the Agreement are of no force or effect. 16. Any waiver by Thirty-One Gifts Canada of any breach of the Agreement must be in writing and signed by an authorized officer of Thirty-One Gifts Canada. Waiver by Thirty-One Gifts Canada of any breach of the Agreement by me will not operate or be construed as a waiver of any subsequent breach. 17. If any provision of the Agreement is held to be invalid or unenforceable, such provision will be severed, and the severed provision will be reformed only to the extent necessary to make it enforceable. The balance of the Agreement will remain in full force and effect.
18. This Agreement will be governed by and construed exclusively in accordance with the laws of the Province of Ontario without regard to principles of conflicts of laws. In the event of a dispute between me and Thirty-One Gifts Canada arising from or relating to the Agreement, or the rights and obligations of either party, the parties will attempt in good faith to resolve the dispute through nonbinding mediation, as more fully described in the Consultant Guidebook. I understand that Thirty-One Gifts Canada will not be obligated to engage in mediation as a prerequisite to contractual action against me. If the parties are unsuccessful in resolving their disputes through mediation, the dispute will be settled totally and finally by arbitration, as more fully described in the Consultant Guidebook. 19. Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or consultant lists as well as other trade secrets, trademarks, trade names, patents and copyrights. The parties may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the Ontario Superior Court of Justice as the court of inherent jurisdiction in the Province of Ontario, or before the Federal Court in actions in which the Federal Court has been granted jurisdiction, as applicable. 20. Refunds will be issued as provided in the Consultant Guidebook and in the Buyer’s Right to Cancel below.
21. A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to Thirty-One Gifts Canada at the address specified in the Statement of Buyer’s Right to Cancel. 22. I understand that if I wish to bring an action against Thirty-One Gifts Canada for any act of omission relating to or arising from the Agreement, I must bring the action within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under provincial law. Failure to bring such action within such time will bar all claims against Thirty-One Gifts Canada for such act or omission. I waive all claims that any other statute of limitations applies. 23. I authorize Thirty-One Gifts Canada to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for compensation for such use, as more fully described in the Consultant Guidebook. 24. I authorize Thirty-One Gifts Canada to send me email messages, text messages and/or notify me by phone or facsimile regarding its products, services, compensation and offer other topics that Thirty-One Gifts Canada determines may be of interest or benefit to me. I agree that my receipt of such messages will not be deemed a violation of any federal or provincial legislation or regulations. 25. A faxed copy of the Agreement will be treated as an original in all respects.
STATEMENT OF BUYER’S RIGHT TO CANCEL You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel. If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/ territorial consumer affairs office. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods. To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove thatyou gave notice, including registered mail, fax or by personal delivery. Please send notice of cancellation to: Thirty-One Gifts Canada Inc. c/o Thirty-One Gifts LLC 3425 Morse Crossing Columbus, Ohio 43219 U.S.A. Phone: 855-GIFTS31 (855-443-8731) Fax: 614-337-1459
I HEREBY CANCEL THIS TRANSACTION. Buyer’s Signature: ___________________________________________________________________
Date: __________________