Klub Zermat #:
Independent Consultant #:
INDEPENDENT BEAUTY CONSULTANT AGREEMENT TERMS AND CONDITIONS As an Independent Beauty Consultant of Zermat USA Inc. I acknowledge and agree to abide the following polices and procedures: A) THAT I AM AN INDEPENDENT BEAUTY CONSULTANT and not an agent, partner, legal representative, or employee of Zermat USA Inc., or any of its subsidiaries or aliates (he reunite as Zermat USA Inc., or The Company). I understand that I will not be treated as an employee for Federal or State tax purposes. Zermat USA Inc., is not responsible for withholding, and shall not with hold nor deduct any payroll related taxes from commissions or bonuses earned from my activities; unless such withholding is required and instructed by federal or state authorities. B) I will make no statements or promises or engage in legal and/or binding contracts in the name of Zermat USA Inc. I am not authorized and I will not incur in any debt, expenses, obligations, or open any bank account with the name of The Company. I acknowledge I am not authorized to utilize the name of “Zermat” for shipping purposes (I can’t declare “Zermat” as shipper with services such as FedEx, UPS, USPS or any other shipping service provider under none circumstance). Likewise, I will not berepresented as Zermat USA, Inc. in any media channel (social media, printed advertising or media articles, television, radio, Internet, etc.) C) I agree that I will be solely responsible for paying all expenses related to the sales and promotion of Zermat products and its business model incurred by me, including but not limited to travel, food, lodging, secretarial, oce, long distance, telephone and any other expenses. D) I agree to represent Zermat USA Inc.’s products, services and their compensation plan in a professional manner. I understand that I should control the form and means by which I operate as Zermat’s Independent Consultant. I will make no claims about potential income earnings beyond what is stated in Zermat’s ocial literature. I may not use, produce, create, publish, distribute or obtain literature, audios, trade names, service marks, and logos from any source other than Zermat USA Inc. E) I agree to comply with the purchase and payment polices established by Zermat USA Inc. In the remote event that any financial obligation is created with the company, I hereby authorize Zermat USA Inc. to apply any commissions or bonuses I may have earned through my activities as Independent Consultant as payment of such obligations. I further agree that Zermat USA Inc., will not ship nor process any sales orders until any and all outstanding balances are resolved. F) I acknowledge that Zermat USA Inc.’s sales system and model in the United States and Puerto Rico is limited exclusively for multilevel activities, and hereby agree as an Independent Consultant; to sell The Company’s products directly to the end consumer, and will not sell, exhibit, or promote it’s products in commercial establishments of any kind unless previously authorized by Zermat USA Inc. I also accept not to use the Zermat artist brands as my own, and I will not sell its products over the Internet unless sold through my ocial Zermat webpage. G) I agree that all sales aids such as printed material or trial packs are exclusively for promotional purposes of the Independent Consultant activities for Zermat USA Inc., and not for resell to the general public. H) The term of this Agreement is one year from the date signed; it will automatically renew annually on each anniversary date and will remain in eect until: 1) I cancel this Agreement for any reason at any time by giving written notice to Zermat USA Inc., bearing my original signature, printed name, address and consultant ID number. ZERMAT USA INC., reserves the right to accept the process of re-enlistment or any form of re-application, please refer to Zermat USA Inc. Polices and Procedures Manual section 111.1 b) Cancellations. 2) Zermat USA Inc., cancels this Agreement upon written notice sent to my address set forth herein. I hereby agree that Zermat USA Inc., may execute this action atany time upon its sole discretion. 3) In the event of cancellation by any of the parties, I agree to waive any and all rights derived from this agreement, including but not limited to property rights, to my former down line organization and to any bonuses, commission or other remunerations derived through the sales and other activities of my former down line organization. I) I have carefully read and upon signing of this document agree to comply with Zermat USA Inc.’s Policies and Procedures Manual, which in combination with the Compensation Plan, are implicitly incorporated into and made part of these Terms and Conditions. I further understand that this Agreement, the Compensation Plan, and the Polices and Procedures Manual can be amended from time to time, and agree that such amendments will be valid once made public by Zermat USA Inc. and will in turn supersede any previous agreements with Zermat USA Inc. J) I may not assign any rights or delegate my duties under this Agreement without the prior written consent of Zermat USA Inc., such action entitles The Company to terminate this agreement. K) I acknowledge that Zermat USA Inc. respects my privacy and will not sell, share, distribute, or make available any of the information provided by me in this application. L) By the execution of this Agreement I hereby authorize Zermat USA Inc. to use and/or publish my name in promotional materials, as it may deem appropriate from time to time. M) I understand that if I fail to comply with any terms and conditions of this Agreement, Zermat USA Inc. may, at its discretion, terminate the agreement or impose corrective disciplinary actions, including but not limited to forfeiture of bonuses or commissions, loss of all or part of my down line organization. N) I acknowledge and accept imposition of various sanctions that Zermat may apply in case of incompliance of policies, procedures, and standard business conducts which may be administrative and / or financial. Those penalties are published in the Business Manual. To the extent permitted by law, all claims or disputes of any nature between current or former Independent Consultants, with Zermat USA Inc., its ocers, shareholders or employees, if not resolved by mutual agreement, shall be resolved by binding arbitration using an arbitrator or arbitrators mutually agreeable to the parties. If the parties are unable to agree upon arbitration, disputes may be settled legally under the laws and jurisdiction of Harris County in the State of Texas. To the extent permitted by law, the prevailing party in any proceeding (Whether in arbitration or court, or otherwise) between an Independent Consultant and Zermat USA Inc., its ocers, shareholders or employees; shall be entitled to an award of attorney’s fees and court costs. O) DOT restrictions on Ground and Air Shipping. Certain items considered hazardous materials by DOT including aerosols and alcohol-based products (e.g., Aerosol deodorants, Nail polish, Fragrances, Perfumes, sample of Fragrances or Perfumes samples, etc.) are restricted and required to be shipped by standard, ground-only transport, due to air transport restrictions and regulations. In compliance with DOT regulations restricted items require ground-only delivery to the 48 contiguous States plus Washington DC; with the proper packaging, shipping marks and labeling.
TERMS AND CONDITIONS OF THE NEW AGREEMENT FOR KLUB ZERMAT ASSOCIATE As a Klub Zermat Associate, I acknowledge and agree to abide by the following policies and procedures:
A) With my payment of the annual subscription and signing this agreement, I recognize that I will become a KLUB ZERMAT ASSOCIATE and that my KLUB ZERMAT membership will be activated. With it, I will get a 25% discount on all Zermat Catalog products sold in the United States. I declare that I am not a Zermat Independent Beauty Consultant, agent, or partner or legal representative or employee of Zermat USA Inc., or any of its subsidiaries or affiliates (in this agreement called Zermat USA Inc. also known as Zermat). B) I will not make any representations nor will I commit or participate in legal or binding contracts on behalf of Zermat. I am not authorized to contract debts, expenses or obligations; or open a bank accounts in the name of the Company. In addition, as a Klub Zermat Associate I agree not to sponsor, support, or manage any Zermat related Web site. C) I agree to comply with payment policies established by Zermat. D) I acknowledge that Zermat has an established multilevel marketing system in the United States, which is governed separately from this agreement and exclusively for multilevel business activities. In the event that I decide to enroll in Zermat’s multilevel business, that sole fact will implicitly and automatically cancel this agreement. E) This agreement as a Klub Zermat Associate does not allow me to sell and/or display any Zermat brand product in commercial establishments of any kind. F) I agree that all promotional materials such as catalogs or flyers are given exclusively for promotional purposes, and for the activities of the Klub Zermat Associate and cannot be resold to the general public. G) The term of this agreement is one (1) year from the date of signature and may be renewed only by paying the annual fee determined by Zermat at time of renewal. The fee is not transferable or refundable. H) Under this agreement I cannot assign any rights or delegate my privileges as Zermat Associate. I) I acknowledge that Zermat respects my privacy and will not sell, share, distribute, or provide any information submitted by me in this application; however, I recognize the existence of a third person who is the individual who invited me to Klub Zermat and who in this agreement is recognized as my sponsor. J) I understand that both parties involved can terminate this agreement at any time, for any and no reason, at their own discretion and without notice to the other party. K) To the extent permitted by law, and if not be resolved by mutual agreement, all claims or disputes of any nature between Associates to Klub Zermat and Zermat, its agents, partners or employees, shall be resolved by binding arbitration by an arbitrator or arbitrators mutually agreed by the parties. In case there is no agreement between any of the parties involved after arbitration, claims or disputes may be exposed under the laws and jurisdiction of Harris County in the State of Texas. To the extent permitted by law, the party favored in any procedure (either binding arbitration or in court or otherwise) between Klub Zermat Associate and Zermat USA Inc., its agents, partners or employees must be excluded from all attorneys’ fees and cuts of either party. L) Restrictions for air and ground shipments by the Department of Transportation (DOT): Certain products are considered hazardous by DOT, including the following: aerosol products containing alcohol, such as but not limited to aerosol deodorants or flavorings, perfumes, nail polish, all samples of fragrances and / or perfumes, etc. All these products have shipping restrictions and regulations and may only be sent by ground. In compliance with DOT regulations for ground restricted products, Zermat will perform exclusive shipping within 48 contiguous states plus Washington D.C. in compliance with regulations on labeling, packaging and required marks. Zermat does not ship DOT-restricted products in APO / FPO / DPO Alaska, Hawaii, Puerto Rico and all territories, possessions or international addresses outside its shores. Zermat is committed to ensuring safe and legal transportation of all its trade products.