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Reps Area
Rep. Agreement
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Independent Consultant Agreement October 2006
1. The purchase of a starter kit is optional, there will be no minimum purchases required.
2. There are no monthly minimums or commitments in order to receive personal sales or down line commissions.
3. Consultants will receive a 25% Commission on any personal sales (via the website, book parties and or home parties). Consultants will also receive 5% commission on any sales made by their down line (one levels).
4. Consultants may use their 25% Discount at any time for personal purchases; This does NOT include kits or supplies....consultants will still be paid 5% commission on any personal purchases made by their down line.
5. Commissions will be paid at the time of your party. Commissions from web sales are paid once a month on the 15th. Via check or PayPal.
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6. Once a consultant reaches $600.00 in paid commissions we are required by law to submit a W-9 form, this form is available in the back office and may be completed at any time by consultant it may be mailed to :
Trodden Path
Attn: Accounting
S6459 Black River Road
Viroqua, WI 54665
If we do not have a W-9 on file, orders will be held once you have reached $550.00. Once we receive such form, we will notify you via e-mail and release orders.
7. Due to the fact that some items are for promotional use and provided at cost, commissions will not be paid on the following items: starter kits, sampler sizes, marketing materials such as catalogs, brochures and other marketing and promotional items listed in the back office for consultant purchase.
8. Consultants are not required to meet minimums, however in cases where there has been no activity on an account in a 6 month period (personal purchases or online sales), the company reserves the right to set the account to inactive, the company will notify the consultant via e-mail prior to doing so.
9. Hostess Rewards…20% of sales before tax and shipping in Free hostess dollars, Please see Hostess Rewards sheet for additional information on our Hostess rewards program.
10. Any consultant first to enroll with Down the Trodden Path in a regional area will be considered an regional consultant. Regional consultants will never be asked to pay a renewal fee and may be eligible for special incentives, contests and promotions offered by the company from time to time.
11. You may promote Down the Trodden Path, and yourself as an Independent Down the Trodden Path Consultant via the mail, internet, phone, etc.
12. Down the Trodden Path products may be offered in a retail environment; Consultants are not allowed to operate a retail outlet using the Down the Trodden Path`s name without prior approval.
13. Business aids will be available to you through the company back office
14. You are NOT an employee of Down the Trodden Path, but an Independent Down the Trodden Path Representative. You must state in all cases that you are an Independent Contractor.
15. Consultants are allowed to utilize both offline and online advertising, online advertising is only allowed on family friendly sites. Online advertising may also include: blogs, websites to promote or discuss Down the Trodden Path products or the business opportunity, networks, message boards, classifieds, pay per click etc. Any advertising that a consultant participates in is their responsibility, if you have any questions regarding advertising or what to say in an advertisement ,please contact us at support@troddenpath.com
16. We expect that you conduct business in a professional, ethical and friendly way. If at anytime, we feel that you are not representing Down the Trodden Path in a positive way, we reserve the right to remove you as an Independent Consultant. If at anytime you feel you no longer wish to be an Independent Down the Trodden Path Consultant, we ask that you please email us or mail us in writing, your wish to no longer be active.
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17. We reserve the right to change said agreement at anytime we deem necessary. Changes to said agreement will be sent to you via attachment via email. If at anytime you do not agree to the change in agreement, you do have the option to forfeit your Independent Consultant status. To forfeit status, please email us at support@troddenpath.com.
18.All funds are paid in American Standard Dollars (USD).
19.Governing Law. The Parties agree that this Agreement has been made in the state of Wisconsin and that it shall be governed by and construed pursuant to the laws of that state.
20. This Agreement is the complete and exclusive statement of the mutual understanding of the parties. This Agreement supersedes and cancels all previous written and oral agreements and communications between the Parties relating to the consultant services that are the subject matter of this Agreement.
21. If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which that party may be entitled.
22. Some States, Cities or Provinces within the US or Canada may have Direct Selling (Door-to-Door) laws. It is your responsibility to know what the laws for your area prior to enrolling and or engaging in home parties or other acts that may violate the laws of the area you reside in.
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25. Consultants located within Canada are responsible for their own taxes (income, sales as well as any other vendor fee`s or taxes that may apply when doing business within Canada).
Please Read
I understand that as an Independent Representative, I am not an employee, franchise holder, or legal representative for Down the Trodden Path. I understand that I shall be working as a Self- Employed, Independent Contractor. As an Independent representative, I am responsible for filing all necessary federal, state, and local taxes as may be applicable to any earrings, bonuses, and prizes rewarded from Down the Trodden Path. I also understand that Down the Trodden Path and its officers will in no way be held responsible for my failure to do so. In particular, I will not be treated as an employee with respect to any services for federal and state purposes. Also, any state unemployment and/or worker’s compensation Act does not cover me.
As an Independent Down the Trodden Path Consultant, I agree to represent myself and Down the Trodden Path in a truthful, sincere, honest, and business-like manner, and to conduct myself in a manner that will reflect the highest standards of integrity and responsibility in keeping with the reputation of Down the Trodden Path. I also understand failure to do so will cause for my immediate dismissal as a consultant, and all ordering and product usage rights will be revoked.
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After expiration or termination of this agreement, I agree to respect the confidentiality of Down the Trodden Path`s copyrights, patents, trademarks, logos, and trade secrets, and not to disclose them to anyone. I understand I will be liable for any damages if any violation of this paragraph is proved or admitted.
I understand that I must be at least 18 years of age, and legally capable of entering into a contractual agreement.
I am aware that I need at least 2 weeks for all orders to be processed, and that backorders or out of stocks are beyond our control. We will strive to get all orders completed and shipped within a 2 week period.
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