Survival Share Ministry
TERMS & CONDITIONS
The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:
Survival Share Ministry ("Company") and the Personal Ministry Center. They shall be effective only upon acceptance by the Company, at its principal office:
Survival Share Ministry
11275 US Hwy 98 West Suite 6-118
Miramar Beach, FL 32550
Personal Ministry Center AGREES:
1. Personal Ministry Center is of legal age in the state/province or country in which he/she resides.
2. Any Personal Ministry Center who sponsors another Personal Ministry Center or receives a Bonus or Commission on the product sales of another Personal Ministry Center must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of a product or service to the ultimate consumer and in the training of those personally sponsored. Personal Ministry Center must have ongoing contact, communication and arrangement with his or her sales organization. Examples may include, but not limited to: email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to company training sessions and sharing genealogy information with those sponsored. Personal Ministry Center should be able to provide evidence to the Company of ongoing fulfillment of sponsor responsibilities.
3. Personal Ministry Center understands that he/she is not compensated for sponsoring other Personal Ministry Centers but earns compensation solely on the sale of products and/or services to ultimate consumers.
4. Applicant is, upon acceptance, an "Independent Contractor", hereinafter Personal Ministry Center, conducting business for her/his own account and not as an agent, employee, or franchisee for the Company. As such, Company Distributor Title must provide his/her Social Security or Federal Tax ID Number for tax reporting purposes on any monies earned within the country. All Personal Ministry Centers should consult their attorney or tax consultant for information on monies earned and where received. The Personal Ministry Center further understands that he/she will not be treated as an employee in regard to any laws covering employees. An Independent Contractor shall be responsible for obtaining all licenses required by law in whatever State, County or Country in which they reside, and pay all applicable fees and taxes.
5. Personal Ministry Center agrees to accept the sole responsibility for all self-employment and all legal country/federal and state and local income and sales taxes and any other taxes on income earned as an Personal Ministry Center. The Company will file appropriate tax earnings report forms on each Personal Ministry Center at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement.
6. Personal Ministry Center agrees that the Company is not be liable for city, county, state, local and country/federal income taxes, sales taxes or other fees pertaining to sales and earnings of a Personal Ministry Center and Personal Ministry Center will hold the company harmless from all of same.
7. Personal Ministry Center SHALL NOT promote or sell other companies’ sales programs, products or Company functions on websites where Company is mentioned, or use the Company forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities.
8. Personal Ministry Center shall not sponsor or attempt to sponsor another Company Personal Ministry Center into another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Personal Ministry Centers. In addition, no Personal Ministry Center shall participate in any action that causes an Personal Ministry Center to be sponsored through someone else into another company.
9. Personal Ministry Center will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
10. Personal Ministry Center will not make any claims of any kind pertaining to the benefits of the company’s products and services except those given in official company promotional media. When presenting the Company program to others, Personal Ministry Center shall present the program in its entirety, without omission, distortion or misrepresentation.
11. Personal Ministry Center shall not represent or imply, directly or indirectly, that the company has been approved or endorsed by any governmental agency. (Federal and State regulatory agencies do not approve or endorse any marketing company product or programs.)
12. Personal Ministry Center will indemnify and hold the company harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of Personal Ministry Center statements or actions in violation of this agreement.
13. Should Personal Ministry Center be terminated for cause, Personal Ministry Center's sales organization may be transferred to his/her first active upline Personal Ministry Center at Company's sole discretion.
14. I understand that at least 70% of all of Distributor's wholesale purchases must be resold to customers that are not Personal Ministry Centers of Company and that I will not purchase products solely for qualification for a higher position, bonus or commissions.
15. All product(s) in resalable condition purchased within 90 days prior to termination may be returned (shipping prepaid). Company will repurchase such products at 90% of the original price less any bonus or commissions paid. All current sales aids and Company Business Kit in resalable condition purchased within 90 days prior to terminating may be returned (shipping prepaid). Company will purchase back such materials at 90% of original price. Any laws in any jurisdiction inconsistent herewith are adopted herein and will be followed.
16. The terminated Personal Ministry Center will be eligible to reapply and may choose a new sponsor after six (6) months. A terminated Personal Ministry Center that reenters the program may not sponsor any of her/his original downline organization.
17. Personal Ministry Center understands that Company does not permit changing of sponsors. Network Marketing is a business of creating relationships. Once an Personal Ministry Center is sponsored, the Company believes in maximum protection of that relationship.
18. Personal Ministry Center hereby supplies Survival Share Ministry with his/her signature for Company files and understands that this signature is the signature of record for all debit card, ACH and any future credit card transactions.
19. Personal Ministry Center without a sales tax ID number authorizes Company to remit to proper agencies the sales/use tax generated as a result of Personal Ministry Center's product sales.
20. Personal Ministry Center understands that Company will provide Personal Ministry Center a replicated Web Page, when available as part of Company BUSINESS KIT. Company will deliver all Company BUSINESS KIT items upon receipt of good funds.
21. As an Independent Contractor, Personal Ministry Center is aware of the contractual obligations that occur when she/he purchases products or services from Company. Personal Ministry Center understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Personal Ministry Center than when ordering as a customer. Personal Ministry Center therefore waives the right of cancellation or refund on any order placed on his/her credit card account(s) except directly through the Company. Any order returns, refunds or exchanges shall be done through Company and not through any credit card company.
22. In the event that any check (monies) by any method is returned unpaid, I authorize Survival Share Ministry to debit my account for the face amount plus up to a 10% failed payment processing fee. If said amount remains unpaid, I understand that I could lose my current status and that until my account is brought current I could forfeit certain rights and privileges, including commissions.
23. Personal Ministry Center understands that USA residents in the States of Maine, North Dakota, Michigan, Indiana, Iowa and West Virginia are limited to a total of $495.00 in sales aids and personal wholesale product purchases from the Company during the first six months. Purchases shall be automatically modified to comply with the exemption requirements set forth in any country/states laws regulating business opportunities.
24. Company will pay Personal Ministry Center commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Personal Ministry Center and his/her sales organization under the terms of Compensation Plan.
25. Company will retain full authority to accept or reject any Application or any order for products. Such refusal is solely within the discretion of the Company. No right of action against Company will arise because of any such acceptance or refusal.
26. Company reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan. Any such revisions become effective by email, letter(s) or by publication in official company literature or posted to Personal Ministry Center at his or her last known address. Personal Ministry Center agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Distributor Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
27. Company shall not be responsible for acts beyond its control, including but, not limited to: fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
28. Company assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).
29. Company does not require Personal Ministry Center to sponsor and does not require any fee, charge or initial product purchase to be a Personal Ministry Center.
30. Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that Personal Ministry Center has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
31. Company will honor refund policies provided by any governmental law applicable to Personal Ministry Center.
32. Company requires that all Personal Ministry Center obey the letter and the spirit of the law.
33. I have not violated any non-competition, non-compete, non-solicitation, or confidentiality agreement entered into with any other organization or entity, and by becoming an Personal Ministry Center for Survival Share Ministry will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organization.
34. I approached Survival Share Ministry Inc, or any other Survival Share Ministry Personal Ministry Center, employee, or affiliate, about becoming a Survival Share Ministry distributor and requested to become a Survival Share Ministry distributor. Survival Share Ministry or any Survival Share Ministry Personal Ministry Center or any employees, agents, managers, members, or affiliates, has approached or solicited the undersigned about becoming a Survival Share Ministry Personal Ministry Center.
© Survival Share Ministry 4/21/2014