Direct Sellers T&Cs
THE CLEARLY SUPPLEMENTS REPRESENTATIVE AGREEMENT
THIS CLEARLY SUPPLEMENTS LIMITED REPRESENTATIVE AGREEMENT is made between:
- The person whose name is set out above (“the Representative” also referred to herein as “You” or “Your”) and
- CLEARLY SUPPLEMENTS LIMITED(company registered no: 11516253) whose registered office is at 73 Cornhill, London, EC3V 3QQ, UK.
IT IS AGREED as follows:
- Activities: means the activities to be undertaken by the Representative for Clearly Supplements as described in the “Representative Appointment Pack” as amended or supplemented by Clearly Supplements from time to time, which forms part of this Agreement and has effect as if set out in full in this Agreement.
APPOINTMENT AND STATUS
- You must be over 18 years of age and resident in the UK.
- You agree that if you promote and sell Clearly Supplements wellbeing products to third parties You willact as a principal, selling them solely on your own account. You agree not to portray yourself as an employee, worker, agent or partner of Clearly Supplements, nor as having any authority to bind Clearly Supplements contractually, nor to incur any liability on behalf of Clearly Supplements.
- You will be responsible for compliance with all matters associated with Your status as a self-employed individual including payment of all tax and national insurance contributions, and ensuring You have the necessary licences, insurance, registrations and/or permits required in order to conduct Your Activities.
- You agree to undertake Your Activities in any territory allocated to You in accordance with Clearly Supplements guidelines and as varied by Clearly Supplements from time to time. You must adhere to the standards and principles of behaviour set out in the “Consumer Code of Practice” and “Code of Business Conduct” as issued by the Direct Selling Association (or “DSA”).
- You agree to take orders from your customers only for future delivery.
- Your only financial obligations during the first twelve months are to pay for such products (including Your Starter Kit and brochures, etc. if required) as You choose to order and to pay any additional fees (such as delivery or handling fees) as are anticipated by this Agreement.
Orders for each campaign should be placed by the appropriate date as communicated to You. Clearly Supplements shall be entitled to charge delivery or handling fees as also communicated to You from time to time.
- You/ your customers will receive a special prices on Clearly Supplements products.
- All orders are payable at point of transaction.
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY
- Information provided in connection with this Agreement and which is publicly undisclosed shall be kept confidential and shall not be used or divulged other than in the proper course of performance of the obligations under this Agreement.
- You shall do nothing to bring Clearly Supplements into disrepute or to impair or jeopardise the distinctive quality of Clearly Supplements trademarks or trade names which are the exclusive property of Clearly Supplements or its affiliated companies and which are protected by law.
- You shall not, without Clearly Supplements prior written approval, use or exploit Clearly Supplements intellectual property rights, including (but not limited to) trademarks or trade names or any logos, product names, designs or copyright belonging to Clearly Supplements.
- Advertising and promotional materials must comply in all respects with any Clearly Supplements guidelines issued from time to time and You will promptly remove any such materials on request by Clearly Supplements, regardless of whether they have previously been approved by Clearly Supplements.
- The parties agree that they shall comply strictly with the requirements of any data protection laws in relation to personal data processed in connection with the performance of their obligations under this Agreement.
- You consent to Your personal details being held and processed (including processing by automatic means) by Clearly Supplements and its authorised third parties (including any upline Sales Leaders including Trainees) for the purposes of performing functions on Clearly Supplements behalf, including (but not limited to) order fulfilment and delivery, marketing, research, customer service, administration, payment processing, the production of electronic invoices, alpha listings and statements of fees earned, which may be provided to Sales Leaders (including Trainees) in whose team You are, as appropriate and necessary.
- You consent to Your personal details being disclosed to credit reference and fraud prevention agencies or registers and to Clearly Supplements making searches from time to time of Your details with such agencies or registers and keeping a record of that search. Details of how You conduct Your Account may also be disclosed to such agencies. This information may be used by other lenders in assessing applications from You and members of Your household and for occasional debt tracing and fraud prevention.
- Clearly Supplements may use a credit scoring system to determine whether an account can be opened and your order limit. In certain circumstances, where an order exceeds this limit, a deposit may be required before the order can be accepted.
- You consent to allowing data transfers of Your personal details to any other company within Clearly Supplements group and business contacts located in other countries outside the European Economic Area including the United States in order to facilitate the proper performance of this agreement, even where the country or territory in question does not maintain the same standards of data protection as in the European Union.
CONFLICTS OF INTEREST
- You agree not to encourage or invite other Representatives to participate in other network or multilevel marketing or direct selling programmes in competition with those promoted by Clearly Supplements.
- The Representative may engage in any other business, occupation or activity provided that such business, occupation or activity does not cause a breach of or conflict with any of the Representative’s obligations under this Agreement.
- You have the right to cancel this Agreement without penalty during the first 14 days of it being signed and to return products to Clearly Supplements for a full refund, provided the products are returned in the same condition as supplied to You (except that external wrappings may be broken).
- At any time after 14 days from signature of this Agreement, either party may terminate this Agreement by giving to the other not less than 14 days written notice to be served on the other party at the address given in this Agreement or such address as notified in writing. Agreement is terminated by Clearly Supplements or by You after 14 days of signature of the same, You have the following rights:
- You will incur no future contractual obligations under the Agreement;
You will have the right, within 21 days of the termination, to return to Clearly Supplements, at the address notified to You from time to time, all products purchased by You from Clearly Supplements within 90 days prior to the termination and to recover from Clearly Supplements the (VAT inclusive) price paid by You from them, less a reasonable handling charge and, in the case of goods which have deteriorated because of Your own fault, less an amount to reflect their resulting diminution in value, however, these deductions will not be made where Clearly Supplements terminates the Agreement.
- Where Clearly Supplements terminates the Agreements, You will be advised of the procedure for the return of any products to Clearly Supplements which will be collected by Clearly Supplements free carrier collection service.
- In addition, after termination, You will have the right (in accordance with, and subject to, the terms set out in the Code of Business Practice of the DSA) to return and claim a partial refund for products which You purchased more than 90 days and up to one year prior to termination of the Agreement and which remain unsold by You.
- You are required to give Clearly Supplements one campaign’s written notice in advance of ceasing to serve Your allocated territory or customer list or any part thereof.
The benefit of this Agreement may not be transferred or assigned by You.
Clearly Supplements reserves the right to make changes to this Agreement by giving You written notice to that effect.
Clearly Supplements sell food supplements and at no stage do Clearly Supplements make any medical claims relating to their products.
You must not make any medical claims or sell Clearly Supplements products on that basis.
This Agreement, including the Representative Appointment Pack, constitutes the entire Agreement between the parties and supersedes any previous agreement or understanding.
There is no intention in this Agreement to create any right or benefit enforceable by any person, firm or company not a party to this Agreement and the provisions of the Agreements (Rights of Third Parties) Act 1999 are expressly excluded.
You expressly authorise Clearly Supplements to issue communications and invoices electronically, by email or posting messages or notices on Clearly Supplements website (clearlysupplements.com) or such other website as Clearly Supplements may notify from time to time and any such communication shall be deemed appropriate as written notice.
It is illegal for a promoter or a participant in a trading scheme to persuade anyone to make a payment by promising benefits from getting others to join a scheme.
Do not be misled by claims that high earnings are easily achieved.
This Agreement shall be governed by the Laws of England and Wales.