RETAILER AGREEMENT
Agreement between the named Applicant (hereinafter “APPLICANT”) and NEULEGEN (hereinafter “NEULEGEN”) effective under the terms and conditions below:
1. APPLICANT hereby applies for authorization as a Retailer in NEULEGEN’s Network Retail Programme. APPLICANT is provisionally authorized as a Retailer and granted the rights to sell NEULEGEN products. NEULEGEN reserves the right to accept or reject any application for any reason, in accordance with the terms and conditions set forth in the NEULEGEN Policies and Procedures, as such now exist or may hereafter be amended.
2. APPLICANT has read and agrees to be bound by the terms of this Agreement, the NEULEGEN Retailing Profit Programme, all of which are incorporated herein by reference and made a part hereof for all purposes. NEULEGEN reserves the right to change the Retailing Profit Programme and the Policies in its sole discretion, and APPLICANT agrees to be bound by such changes subject to different country rules and regulations.
3. APPLICANT is an independent retailer under the terms of this Agreement, and not an agent, employee or legal representative of his/her recruiter or NEULEGEN, and will in no way represent him/herself as such. As such, APPLICANT has no power to bind NEULEGEN to any obligation and APPLICANT is responsible for all applicable income, license or fee arising out of APPLICANT’s activities hereunder.
4. APPLICANT will not produce, promote, or use materials of any kind describing NEULEGEN’s names, programmes, products, and trademarked, copyrighted or otherwise protected materials except as permitted in NEULEGEN’s policies.
5. APPLICANT has the duty to supervise and train any Retailer that he/she may recruit as described in the Policies, APPLICANT will explain NEULEGEN’s programmes honestly and completely when presenting them to others. APPLICANT understands and will make clear in any presentation the following: that no earnings are guaranteed by NEULEGEN or its programmes; no Retailer will earn money solely for recruiting, no specific amount of product must be purchased at any level; retail profit are based on product sales; that there are no exclusive territories for Retailer in the programme.
6. APPLICANT agrees that retail profit is only paid for sales of product to customers and end users as defined in the Policies and in the Company’s Retailing Profit Programme.
7. The undersigned hereby acknowledges that he/she is of legal age and authorized to bind APPLICANT to each of the terms set forth herein and to the terms of the Policies and Procedures.
8. Venue and jurisdiction for any action pertaining to this Agreement or any disagreement or claim between the parties hereto shall be in Malaysia. This agreement shall be governed by the laws of Malaysia, unless the laws of your jurisdiction expressly require the application of its laws.
9. NEULEGEN reserves the right to cancel any of your retail business for cause as such defined in the Policies.
10. To become an independent Retailer, you have to purchase a minimum of one item or our minimum package.
11. NEULEGEN Company Reports are private and confidential; you may not use the reports for any purpose other than to develop your NEULEGEN business.
12. NEULEGEN’s failure to exercise any rights as set forth in this agreement or to insist on your strict compliance with the terms and conditions of this agreement and the Policies & Procedures does not constitute a waiver of NEULEGEN’s right to require compliance therewith.
13. NEULEGEN reserves the right to cancel any of your retail business at any time for cause if the Retailer violates the terms and conditions of this Agreement or the provisions of the Policies & Procedures and Retailing Profit Programme.
14. NEULEGEN reserves the right to revise or amend the Policies & Procedures and the Retailing Profit Programme.
15. You and your immediate family are not eligible to become an independent retailer if you are under the employment of NEULEGEN group of companies.
16. You may not sell, assign or transfer your retail business ownership to any person or entity without NEULEGEN’s express written permission.
17. You must pay all required taxes on any income you earn as an Independent Retailer, unless you qualify with your taxing authority for income tax exempt status.
18. In order for you to qualify for retail profit, you must sell to customers or end users at company stipulated price.
19. Specific NEULEGEN product names as well as the corporate name and logo are the exclusive property of NEULEGEN. You may not use NEULEGEN’s product names, the corporate name or logo to promote your independent business.
20. NEULEGEN does not permit you to purchase unreasonable amounts of products solely for the purpose of qualifying for retailing profit, bonuses, or advancement in Retailing Profit Programme.
21. You have the right to cancel your Retailer Agreement at any time and for any reason. If you choose to cancel your Retailer Agreement, simply notify NEULEGEN in writing.