
AGENT AGREEMENT
POLICIES & PROCEDURES
SECTION ONE: INDEPENDENT AGENT
STATUS
1.01 BECOMING AN
INDEPENDENT AGENT
An applicant becomes an Independent Agent ("Independent Agent")
of Renue Financial ("Company") when the applicant's
completed Agreement has been received and accepted by Renue Financial, by
Internet or by mail, at its corporate office. Renue Financial reserves the
right to decline any Agreement for any reason, at its sole discretion.
Independent Agent uses his/her best effort to promote and sell services and
products of Renue Financial to consumers pursuant to the
Agreement contained within these Policies and Procedures and Terms and
Conditions. In doing so, an Independent Agent will maintain the high standards
of honesty, integrity and business ethics when dealing with Consumers, Renue
Financial or other Renue Financial Independent Agents.
1.02 INDEPENDENT AGENT OBLIGATIONS & RIGHTS
Independent Agents are authorized to sell Renue Financial services and products
to participate in the Independent Agent's Compensation Plan. Independent Agents
may sponsor new Independent Agents.
1.03 LEGAL AGE
Independent Agents must be of legal age in the state
/ province / country of their residence.
1.04 DIVORCE
When a couple sharing Independent Agent entity divorces or separates, Renue
Financial will continue to
pay commission checks in the same manner as before the divorce or separation
until it receives written notice signed by both parties or a court decree which
specifies how future commission checks should be paid, provided and if
applicable, the couple has complied with the requirements of Section 5.03.
1.05 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other forms of
business organizations or trusts may become Independent Agents of Renue
Financial when the Agreement
is accompanied by a federal ID number.
Shareholders, directors, officers, partners, members,
beneficiaries and trustees, as applicable of an Independent Agent
entity must agree to hold such title, and Renue Financial will hold each personally
liable and bound by the Agreement and these Policies and Procedures and Terms
and Conditions.
1.06 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply as an Independent Agent using a
fictitious or assumed name.
1.07 INDEPENDENT CONTRACTOR STATUS
Independent Agents are Independent Contractors responsible for determining
their own activities without direction or control by Renue Financial. They are
not franchisees, joint venture, partners, employees or agents of Renue
Financial and are prohibited
from stating or implying, whether orally or in writing, otherwise. Independent
Agents have no authority to bind Renue Financial to any obligation. Renue
Financial is not responsible for payment or co-payment of any employee benefits.
Independent Agents are responsible for liability, health
disability and worker's compensation insurance. Independent Agents
set their own hours and determine how to conduct business, subject to Renue
Financial Agreement, Policies and Procedures and Terms and Conditions.
1.08 TAXATION
As Independent Contractors, Independent Agents will not be treated as franchisees,
owners, employees or agents of Renue Financial for federal or state
tax purposes including, with respect to the Internal Revenue Code, Social
Security Act, federal unemployment act, state unemployment acts or any other
federal, state, or local statute, ordinance, rule or regulation. At the end of
each calendar year, Renue Financial will issue to each Independent Agent
an IRS Form 1099, as required by law, or other applicable documentation for
non-employee compensation as an Independent Agent.
1.09 INDEPENDENT AGENT IDENTIFICATION NUMBER
Independent Agents are required by federal law to obtain a Social Security number
or Federal ID number. Independent Agents will be identified by this number, or
a company assigned number, for purposes of Renue Financial business. The
Independent Agent Identification Number must be placed on all orders and
correspondence with Renue Financial.
1.10 LEGAL COMPLIANCE
Independent Agents must comply with all federal, state and local statutes,
regulations and ordinances concerning the operation of their business.
Independent Agents are responsible for their own managerial decisions and
expenditures including all estimated income and self-employment taxes.
1.11 NO EXCLUSIVE TERRITORIES
No franchise is granted and there are no exclusive territories for sales or
sponsoring purposes. No geographical limitations exist on sponsoring or
selling within the United States; provided, however, that Renue Financial reserves the right
not to sell product or services or contract with Independent Agents in
specified states / provinces within United States.
SECTION TWO: TERM & RENEWAL
2.01 TERM
Subject to the terms of Section 4.01, the Agreement shall have a term which
shall begin on the date of acceptance by Company and end one year from the
date thereof (the “Anniversary Date”).
2.02 RENEWAL
Independent Agents must renew annually, on the Anniversary Date and Independent
Agent has the right to decline to accept any renewal at its sole
discretion. Company may require that Independent Agents execute a new
Agreement upon renewal. Independent Agents not renewing by the renewal date
shall be deemed to have voluntarily terminated their Independent Agent relationship
with The Company, and thereby lose their Independent Agent entity, all
sponsorship rights, their position in the Compensation Plan and all rights to
commissions and bonuses. Independent Agents who fail to renew their
Independent Agent status may not reapply under a new sponsor for three (3)
months after non-renewal.
SECTION THREE: SPONSORSHIP
3.01 SPONSORING
Independent Agents may sponsor other Independent Agents into Company's
business. Independent Agents must ensure that each potential new Independent
Agent has reviewed and has had access to the current Policies and Procedures,
Terms and Conditions and Compensation Plan prior to or when giving the individual
an Agreement.
3.02 MULTIPLE AGREEMENTS
If an applicant submits multiple Independent Agents which list different
sponsors, only the first completed Agreement received by The Company will be
accepted.
3.03 TRAINING REQUIREMENT
A Sponsor must maintain an ongoing professional leadership association with
Independent Agents in his or her organization and must fulfill the obligation
of performing a bona fide supervisory or sales function in the sale or delivery
of services and products
3.04 INCOME CLAIMS
Independent Agents must truthfully and fairly describe the Compensation Plan.
No past, potential or actual income claims may be made to prospective
Independent Agents, nor may Independent Agents use their own incomes as
indications of the success assured to others. Commission checks may not be used
as marketing materials. Independent Agents may not guarantee commissions or
estimate expenses to prospects.
3.05 TRANSFER OF SPONSORSHIP
The company does not permit the transfer of sponsors. Network Marketing is a
business of creating relationships. Once a Independent Agent is sponsored, the
company believes in maximum protection of that relationship. The only
exception is upon prior written approval of The Company to correct ethical
violations as determined at the sole discretion of The Company.
3.06 CROSS SPONSORING
Independent Agent may not sponsor, or attempt to sponsor,
any non personally sponsored independent agents in any other Network
Marketing Company. In addition, no Independent Agent may participate in any
action that causes another Independent Agent to be
sponsored through someone else into another network marketing
company.
SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) Independent Agent may voluntarily terminate his or her Independent Agent
status by failing to renew or by sending thirty (30) days written notice of
such resignation or termination to Company. Voluntary resignation is effective
upon receipt of such notice by Company.
b) Independent Agent who resigns or terminates their Independent Agent status
may reapply as Independent Agent, three (3) months after resignation.
4.02 SUSPENSION
Independent Agent may be suspended for violating the terms of his or her Agreement,
which includes these Policies and Procedures, the Terms and Conditions and the
Compensation Plan and other documents produced by Company. When a decision is
made to suspend Independent Agent, Company will inform the Independent Agent
in writing that the suspension has occurred effective as of the date of the
written notification, the reason for the suspension and the steps necessary to
remove such suspension (if any). The suspension notice will be sent to the
Independent Agents “address on file” pursuant to the notice provisions contained
in the Policies and Procedures and Terms and Conditions. Such suspension may or
may not lead to termination of the Independent Agent as so determined by
Company at its sole discretion. If the Independent Agent wishes to appeal,
Company must receive such appeal in writing within fifteen (15) days from the
date of the suspension notice. Company will review and consider the
suspension and notify the Independent Agent in writing of its decision within
thirty (30) days from the date of the suspension notice. The decision of
Company will be final and subject to no further review. Company may
take certain action during the suspension period, including, but not limited
to, the following:
a) Prohibiting the Independent Agent from holding himself or herself as
Independent Agent or using any of Company's proprietary marks and/or materials;
b) Withholding commissions and bonuses that are due to the Independent Agent
during the suspension period;
c) Prohibiting the Independent Agent from purchasing services and products from
Company; and/or;
d) Prohibiting the Independent Agent from sponsoring new Independent Agents,
contacting current Independent Agents or attending meetings of Independent
Agents.
e)Prohibited acts; commission gaming, commission fraud. At no time shall independent agent gain the system by holding clients for the purpose of receiving commission at a later date.
If Company, at its sole discretion, determines that the violation which caused
the suspension is continuing, and has not satisfactorily been
resolved or a new violation involving the suspended Independent Agent has
occurred, the suspended Independent Agent may be terminated.
4.03 TERMINATION
Independent Agent may be immediately terminated for violating the terms of his
or her Agreement, which includes these Policies and Procedures, Terms and
Conditions and the Compensation Plan and other documents produced by Company
upon written notice. Company may terminate a violating Independent Agent without
placing the Independent Agent on suspension, at Company's sole discretion. When
the decision is made to terminate Independent Agent, Company will inform the
Independent Agent in writing at the address in the Independent Agent's file
that the termination has occurred.
4.04 APPEAL
If Independent Agent wishes to appeal the termination, Company must receive the
appeal in writing within fifteen (15) days from the date of notice of
termination. If no appeal is received within the fifteen (15) day period, the
termination will automatically be deemed final. If Independent Agent files a
timely notice of appeal, Company will review the appeal and notify the
Independent Agent of its decision within ten (10) days after receipt of the
appeal. The decision of Company will be final and subject to no further review.
In the event the termination is not rescinded, the termination will remain
effective as of the date stated in the original termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon termination, the terminated Independent Agent:
a) Must remove and permanently discontinue the use of the trademarks, service
marks, trade names and any signs, labels, stationary or advertising referring
to or relating to any product, plan or program of Company.
b) Must cease representing themselves as Independent Agent of Company;
c) Loses all rights to his or her Independent Agent position in the Compensation
Plan and to all future commissions and earnings resulting therefrom;
d) Must take all action reasonably required by Company relating
to protection of Company's confidential
information. Company has the right to offset any amounts owed by
Independent Agent to Company including, without limitation, any indemnity
obligation incurred pursuant to Section 11.01 herein, from commissions or other
compensation due to the Independent Agent.
4.06 REAPPLICATION
The acceptance of any reapplication of a terminated Independent Agent or the
application of any family member of a terminated Independent Agent shall be at
the sole discretion of Company and can be denied.
4.07 STATE LAWS
Where state laws on termination are inconsistent with this policy, the
applicable state law shall apply.
SECTION FIVE: TRANSFERABILITY
5.01 ACQUISITION OF BUSINESS
Any Independent Agent desiring to acquire an interest in another Independent
Agent's business must first terminate his or her Independent Agent status and
wait three (3) months before becoming eligible for such a purchase. All such
transactions must be fully disclosed and must be approved by Company in
advance.
5.02 TRANSFERS OF INDEPENDENT AGENTS
Except as expressly set forth herein, Independent Agent may not sell, assign or
otherwise transfer his or her Independent Agent entity (or rights thereof) to
another Independent Agent or to an individual which has an interest in
Independent Agent entity. Notwithstanding the foregoing, Independent Agent may
transfer his or her Independent Agent entity to his or her sponsor, subject to
the conditions of Section 5.03. In such an event, the sponsor's entity and the
transferring Independent Agents entity shall be merged into one entity.
5.03 CONDITIONS TO TRANSFERABILITY
Independent Agents may not sell, assign, merge or transfer his or her
Independent Agent entity (or rights thereto) without the prior written approval
of Company and compliance with the following conditions:
a) Company possesses the right of first refusal with respect to any
sale, assignment, transfer or merger of any Independent Agent entity.
Independent Agent wishing to sell, assign, transfer or merge his or her
Independent Agent entity must first provide Company with the right and option
to make such a purchase or receive such transfer in writing on the same terms
and conditions as any outstanding or intended offer. Company will
advise the Independent Agent within ten (10) business days after receipt of
such notice of its decision to accept or reject the offer. If Company fails to
respond within the ten (10) day period or declines such offer, the Independent
Agent may make the same offer or accept any outstanding offer which is on the
same terms and conditions as the offer to Company to any person or entity who
is not Independent Agent, married to, or a dependent of Independent Agent or who
has any interest in Independent Agent;
b) The selling Independent Agent must provide Company with a copy of all
documents which detail the transfer, including, without limitation, the name of
the purchaser, the purchase price and terms of purchase and payment;
c) An office administration transfer fee of $100.00 must accompany the transfer
documents;
d) The documents must contain a covenant made by the selling Independent Agent
for the benefit of the proposed purchaser not to compete with the purchaser or
attempt to divert or sponsor any existing Independent Agent for a period of
one (1) year from the date of the sale or transfer;
e) Upon a sale, transfer or assignment being approved in writing by Company,
the buying Independent Agent must assume the position and terms
of agreement of the selling Independent Agent and must execute a
current Agreement and all such other documents as required by Company; and
f) Company reserves the right, at its sole discretion, to stipulate additional
terms and conditions prior to approval of any proposed sale or transfer.
Company reserves the right to disapprove any sale or transfer, where allowed
by law.
5.04 CIRCUMVENTION OF POLICIES
If it is determined, at Company's sole discretion, that Independent Agent
entity was transferred in an effort to circumvent compliance with the
Agreement, the Policies and Procedures, Terms and Conditions or the
Compensation Plan, the transfer will be declared null and void. The
Independent Agent entity will revert back to the transferring Independent
Agent, who will be treated as if the transfer had never occurred from the
reversion day forward. If necessary and at Company's sole discretion, appropriate
action, including, without limitation, termination, may be taken against the
transferring Independent Agent to ensure compliance with the Policies and
Procedures and Terms and Conditions.
5.05 SUCCESSION
Notwithstanding any other provision of this Section, upon the death of
Independent Agent, the Independent Agentship will pass to his or her successors
in interest as provided by law. However, Company will not recognize such a
transfer until the successor in interest has executed a current Agreement and
submitted certified copies of the death certificate, will, trust or other
instrument required by Company. The successor will thereafter be entitled to
all the rights and be subject to all the obligations of a Company Independent
Agent.
5.06 RE-ENTRY
Any Independent Agent who transfers his or her Independent Agentship must wait
for three (3) months after the effective date of such transfer before becoming
eligible to reapply to become a Independent Agent.
SECTION SIX: PROPRIETARY INFORMATION
6.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, Company may supply to Independent Agents confidential
information, including, but not limited to genealogical and Downline reports,
customer lists, customer information developed by Company or developed for and
on behalf of Company by Independent Agents (including, but not limited to,
credit data, customer and Independent Agent profiles and product purchase information),
Independent Agent lists, manufacturer and supplier information, business
reports, commission or sales reports and such other financial and business
information which Company may designate as confidential. All such information
(whether in written or electronic format) is proprietary and confidential to
Company and is transmitted to Independent Agents in strictest confidence on a
“need to know” basis for use solely in Independent Agents business with
Company. Independent Agents must use their best efforts to keep such
information confidential and must not disclose any such information to any
third party, or use this information for any non-company activity directly or
indirectly while a independent agent and thereafter.
Independent Agents must not use the information to compete with Company or for
any purpose other than promoting Company's program and its products and
services. Upon expiration, non-renewal or termination of the Agreement,
Independent Agents must discontinue the use of such confidential information
and promptly return any confidential information in their possession to
Company.
6.02 COPYRIGHT RESTRICTIONS
With respect to product purchases from Company, Independent Agents must abide
by all manufacturers' use restrictions and copyright protections.
6.03 VENDOR CONFIDENTIALITY
Company's business relationships with its vendors,
manufacturers and suppliers are confidential. Independent Agents
must not contact, directly or indirectly, or speak to, or communicate with any
supplier or manufacturer of Company except at Company sponsored events at which
the supplier or manufacturer is present at the request of Company.
SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING
7.01 TRADEMARKS
Companies name trademarks, service marks and copyrighted materials
are owned by the Company. The use of such marks and materials must be in strict
compliance with these Policies and Procedures.
7.02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by Company or approved
in advance in writing by Company may be used to advertise or promote a
Independent Agent's business or to sell products and services of Company.
Company's literature and materials may not be duplicated or reprinted without
the prior written permission.
7.03 USE OF COMPANY NAME
Independent Agents may use the name of Company only in the following format:
“Independent Agent of Renue Financial”.
7.04 STATIONERY AND BUSINESS CARDS
Independent Agents are not permitted to “create” their own stationery, business
cards or letterhead graphics, if Company's trade name or trademarks
are used. Only the approved Company's graphics version and wording are permitted;
letterhead, envelopes and business cards must be ordered using the
online/stationery order form.
7.05 ELECTRONIC ADVERTISING
Independent Agents may not advertise or promote their Independent Agent
business or Company's business, products or marketing plan or use Company's
name in any electronic media or transmission, including on the Internet
via web sites or otherwise, without the prior written approval of
Company's legal department.
7.06 TELEPHONE LISTING
Independent Agents
are not permitted to use Company's trade name in advertising their telephone
numbers in the white or yellow page sections of the telephone book. Independent
Agents are not permitted to list their telephone numbers under Company's trade
name without first obtaining Company's prior written approval. If approval is
granted for an “800” listing, it must be stated in the following manner:
“Independent Agent of Renue Financial”.
7.07 TELEPHONE ANSWERING
Independent Agents may not answer the telephone by saying “Renue Financial,” or
in any other manner that would lead the caller to believe that he or she has
reached the offices of the Company.
7.08 IMPRINTED CHECKS
Independent Agents are not permitted to use Company trade name or any of its
trademarks or service marks on their business or personal checking accounts.
7.09 MEDIA INTERVIEWS
Independent Agents are prohibited from granting radio, television, newspaper
tabloid or magazine interviews or using public appearances, public speaking
engagements, or making any type of statement to the public media to publicize
the Company, its products or Company businesses, without the express prior
written approval of Company. All media inquires should be in writing
and referred to Company's corporate office, legal department.
7.10 ENDORSEMENTS
No endorsements by a Company officer or administrator or third party may be
asserted, except as expressly communicated in Company literature and communications.
Federal and state regulatory agencies do not approve or endorse direct selling
programs. Therefore, Independent Agents may not represent or imply, directly or
indirectly, that Company's programs, products or services have been approved or
endorsed by any governmental agency.
7.11 RECORDINGS
Independent Agents may not produce or reproduce for sale or personal use products
sold by Company or any Company-produced literature, audio or video material,
presentations, events or speeches, including conference calls. Video and/or audio
taping of Company meetings and conferences is strictly prohibited.
7.12 REPACKAGING PROHIBITED
Independent Agents may not repackage products or materials of Company.
7.13 INDEPENDENT COMMUNICATIONS
Independent Agents,
as Independent Contractors, are encouraged to distribute information and direction
to their respective Downlines. However, Independent Agents must identify and
distinguish between personal communications and the official communications of
Company.
SECTION EIGHT: PAYMENT OF COMMISSIONS
8.01 BASIS FOR COMMISSIONS
Commissions and other compensation cannot be paid until a completed Agreement
has been received and accepted by Company. Commissions are paid ONLY on the
sale of Company services and products. No commissions are paid on the purchase
of Sales materials or for Sponsoring Independent Agents. In order to receive
commissions on services and products sold, Company must have received and
accepted an Agreement prior to the end of the commission period in which the
sale is made.
8.02 COMMISSION PERIOD
A business period refers to the time period opening on the first (1st) day of
the commission period and extending up until order entry closes on the last
business day of the period (5:00 p.m.). Company offices are open Monday
through Friday 9 a.m. to 6 p.m., with the exception of certain
holidays as posted by Company.
8.03 COMMISSION PAYMENTS
Commissions are paid to “qualified” Independent Agents as defined within the
Compensation Plan. Independent Agents must refer to the Compensation Plan for a
detailed explanation of the benefits, commission structure and requirements of
the Compensation Plan.
8.04 OFFSET OF COMMISSIONS
Any commissions or bonuses earned and paid on products returned is the
obligation of and must be repaid to Company by Independent Agents earning such
commissions. Company has the right to offset such amounts against
future commissions and other compensation paid or owed to such Independent
Agents who received commissions.
SECTION NINE: PURCHASE & SALE OF PRODUCTS
9.01 STOCKPILING PROHIBITED
The success of Company depends on retail sales to the ultimate consumer; therefore
all forms of stockpiling are prohibited. Company recognizes that
Independent Agents may wish to purchase certain products for their own use.
However, Company strictly prohibits the purchase of products in unreasonable
amounts and prohibits the purchase of products only or primarily to qualify for
compensation.
9.02 RETAIL SALES RULES
Independent Agents must save a copy of the Retail Sales Slip given to retail
customers; receipt shall be fully completed and include the name, address and
phone number of each retail customer and, upon request by Company, provide
copies of such receipts to Company. If Company determines that retail sales
were not actually made, the Independent Agent must repay Company all
commissions earned during the calendar period in which the retail sales were to
have been made.
9.03 OVER 70% RULE
In order to receive commissions and overrides, Independent Agents must certify
on each product order form that they have sold over seventy percent (70%) in
dollar value of all products and commissionable services previously purchased
by the Independent Agent at wholesale from the company, to
Non-Independent Agent consumers. Independent Agents shall maintain retail sales
records available to the company for inspected on request.
9.04 ORDERING METHODS
All sales submitted to Company shall have the Independent Agent Identification
Number placed thereon to assist Company in crediting the appropriate
Independent Agent.
9.05 PAYMENT OPTIONS
Purchases may be paid by cashier's check, ACH, debit card, money order, or
major credit card. The Independent Agent and retail customers are responsible
for paying the costs of any returned checks plus an administrative fee charged
by Company, which fee may change at any time based on past payment history of
the customer. If an underpayment is made, the order will not be processed until
the full amount is received by Company. If an overpayment is made, Company will
process the order and issue a credit to Independent Agent's account, which will
automatically refund on the next commission check paid to Independent Agent.
Orders will not be processed if cancellation of a credit card is made. Orders
for products are not effective until accepted by Company. To expedite shipping,
Independent Agents may authorize Company to keep a valid credit card on file as
security for payment. Overdue amounts will accrue interest at the annual rate
of 18% or at a higher if permitted by law.
9.06 SHIPPING AND HANDLING POLICY
Subject to availability all products will be shipped by UPS or other
similar service within approximately three (3) business days of receipt
of payment. Payment for products shall be made at time of order. At
Independent Agent's option, the product may be shipped to a customer's
designated “Ship-To address”, or to the Independent Agent.
9.07 PRODUCT DELIVERY
Upon clearance of payment, the products and materials ordered will be shipped.
9.08 BACK ORDER POLICY
Company will expeditiously ship all products currently in stock. Any
out-of-stock items (unless discontinued) will be placed on back order and distributed
upon Company receiving additional inventory. Independent Agent will be charged
and granted commissions on back ordered items once they are shipped unless
notified of the discontinuance of such product. Back orders may
be cancelled upon Independent Agent's request and will create a
credit on the Independent Agent's account.
9.09 DAMAGED GOODS
The shipping company is responsible for any damage that occurs after it takes
physical custody of the products. A Independent Agent who receives damaged
goods should follow this procedure:
a) Accept delivery;
b) Before the driver leaves, document on the delivery receipt the number
of boxes which seem to be damaged and have the driver acknowledge the damage in
writing;
c) Save the damaged products or boxes for inspection by the shipping agent;
d) Make an appointment with the shipping company to have the damaged goods
inspected, and call the Company Customer Service Department.
9.10 SHIPPING LOSS
In the event Independent Agent or a consumer does not receive a product order
from Company in a timely fashion, the individual should contact the
Sales Department at Renue Financial.
9.11 REFUSED SHIPMENTS
Should Independent Agent refuse delivery on any order he or she has placed with
Company and such product is subsequently returned to Company; Company shall
have the right to place that Independent Agent on suspension pending resolution
of the refusal of delivery. Neither Independent Agent nor a consumer shall
refuse any shipment from Company unless prior approval of Company has been
obtained.
9.12 PRICING POLICY
Company will furnish Independent Agents with a discount from its published
retail prices in its then current consumer catalog or order form in accordance
with its policies. This discount does not apply to literature, business aids,
gifts or special promotional items. Prices for Company's products, services and
literature are subject to change without prior notice.
9.13 RECEIPTS
Independent Agents must provide all retail purchasers of Company's products
with written receipts.
9.14 RETAIL PRICING
Company provides a suggested retail price as a guideline.
9.15 PROMOTIONAL ITEMS
All promotional items which bear Company name or logo must be purchased solely
from Company unless prior written permission is obtained from Company.
9.16 SALES TAX
Company may collect sales tax on taxable items. Independent Agents
may be responsible to collect and remit sales tax on personal retail sales to
the appropriate tax agencies.
9.17 PLACE OF SALE
The integrity of Company's marketing plan is built upon person-to-person,
one-on-one and in-home presentation methods of sale. Company's products may not
be sold to or displayed by any retail outlet, including, but not limited to
supermarkets or food stores, flea markets or swap meets, permanent restaurant
displays, bars or night clubs or any such similar establishment,
convenience stores or gas stations.
9.18 PRODUCT & SERVICES CLAIMS
Independent Agents may make no claim, representation or warranty concerning any
product or service of Company, except those expressly approved in writing by
Company or contained in official Company materials.
9.19 FAX BLASTS, SPAMMING
Fax blasting and unsolicited e-mailing (SPAMMING) is prohibited.
SECTION TEN: RETAIL GUARANTEE & REFUND POLICY
10.01 RETAIL CUSTOMER GUARANTEE
Independent Agent offers a thirty (30) day, 100% money-back, and satisfaction
guarantee to all "Renue Credit Course" customers. If a customer
is dissatisfied with this product for any reason, the customer may return that
product in its original package to the Corporate Office within thirty (30)
days of purchase, for either replacement or a full refund of the purchase
price. All other warranties and guarantees are disclaimed.
10.02 WARRANTIES
Except as expressly stated herein, Company makes no warranty or representation
as to the merchantability, fitness for a particular purpose, workmanship or any
other warranty concerning any product or service purchased from or through
Company.
10.03 RETURN POLICIES
Company will refund the original purchase price of products, and
related sales taxes. SHIPPING & HANDLING FEES ARE NOT REFUNDABLE. YOU ARE
RESPONSIBLE FOR PRODUCTS UNTIL Company RECEIVES THEM. YOU WILL BE CHARGED A
RESTOCKING FEE OF 10% TO RETURN PRODUCTS. Returned products must be in the same
condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY.
NOTE: Company will not accept for return any products you purchased from a
Reseller. In order to properly process a refund or exchange, Independent Agents
must follow the steps and conditions set forth below:
All returns to
Company must be accompanied by:
a) A signed
statement from the retail customer identifying the reason for the return;
b) A copy of the original retail sales receipt; and
c) The name, address and telephone number of the retail customer
d) Company will prepay the cost of shipping the replacement
product(s).
Independent Agent
request for refund may, at company's option, be treated as a termination of the
Independent Agent Agreement.
10.04 BUYER'S RIGHT TO CANCEL
Federal law grants a buyer the right to cancel certain sales without penalty
prior to midnight of the third business day after the transaction. This rule
covers retail consumer sales of $25.00 or more that occur away from the
seller's main office. Independent Agents must orally inform the buyer of the
three-day right to cancel at the time the buyer purchases the goods and deliver
2 three-day cancellation notices to every customer.
SECTION ELEVEN: GENERAL PROVISIONS
11.01 INDEMNITY AGREEMENT
Each and every Independent Agent agrees to indemnify and hold harmless Company,
its shareholders, officers, directors, employees, agents and successors in interest
from and against any claim, demand, liability, loss, cost or expense including,
but not limited to, court costs and attorneys' fees, asserted against or
suffered or incurred by any of them, directly or indirectly arising out of or
in any way related to or connected with allegedly or otherwise, the Independent
Agents (a) activities as Independent Agent; (b) breach of the terms of the
Agreement; and/or (c) violation of or failure to comply with any applicable
federal, state or local law or regulation.
11.02 PROCESSING CHARGES
Company reserves the right to institute a processing charge for commission
checks and/or genealogy requests.
11.03 OTHER SERVICES & PRODUCTS
Independent Agents may not promote or sell another company's products or services
at functions organized to feature Company's products. Independent Agents are
not restricted from selling other company's services and products which are not
similar to or competitive with the products and services of Company. However
promotion of competitive services, products and/or business programs with
anyone, including Independent Agents, is strictly prohibited.
11.04 LIABILITY
To the extent permitted by law, Company shall not be liable for, and each
Independent Agent releases Company from, and waives all claims for any loss of
profits, indirect, direct, special or consequential damages or any other loss
incurred or suffered by Independent Agent as a result of (a) the breach by Independent
Agent of the Agreement and/or the Terms and Conditions and/or the Policies and
Procedures; (b) the operation of Independent Agent's business; (c) any
incorrect or wrong data or information provided by Independent Agent; or (d)
the failure to provide any information or data necessary for Company to operate
its business, including, without limitation, the enrollment and acceptance of
Independent Agent into the Compensation Plan or the payment of commissions and
bonuses.
11.05 RECORDKEEPING
Company encourages all Independent Agents to keep complete and accurate
records of all their business dealings.
11.06 FORCE MAJEURE
Company shall not be responsible for delays or failure in performance caused by
circumstances beyond a party's control, such as but not limited to: fire,
flood, earthquake, storm, power outages, labor difficulties, strikes, war,
government decrees or orders and/or curtailment of a party's usual source of
supply.
11.07 VIOLATIONS
It is the obligation of every Independent Agent to abide by and maintain the integrity
of the Policies and Procedures and Terms and Conditions. If Independent Agent
observes another Independent Agent committing a violation, he or she should
discuss the violation directly with the violating Independent Agent. If the
Independent Agent wishes to report such violation to Company, he or she
must detail violations in writing only and mark the correspondence “Attention:
Legal Department”.
11.08 AMENDMENTS
Company reserves the right to amend the Agreement, Policies and Procedures,
Terms and Conditions, its retail prices, product and service availability and
the Compensation Plan type at any time without prior notice as it deems
appropriate. Amendments will be communicated to Independent Agents
through official Company website and or official Company
publications. Amendments are effective and binding upon submission to the
Company website. In the event any conflict exists between the original
documents or policies and any such amendment, the amendment will control.
11.09 NON-WAIVER PROVISION
No failure of Company to exercise any power under these Policies and Procedures
or to insist upon strict compliance by Independent Agent with any obligation
or provision herein, and no custom or practice of the parties at variance with
these Policies and Procedures, shall constitute a waiver of Company's right to
demand exact compliance with these Policies and Procedures. Company's waiver of
any particular default by Independent Agent shall not affect or impair Company's
rights with respect to any subsequent default, nor shall it affect in any way
the rights or obligations of any other Independent Agent. No delay or omissions
by Company to exercise any right arising from a default effect or impair
Company's rights as to that or any subsequent or future default. Waiver by
Company can be affected only in writing by an authorized officer of Company.
11.10 JURISDICTION AND GOVERNING LAW
The formation, construction, interpretation, and enforceability of your
contract with Renue Financial as set forth in this Independent Sales Agent
Agreement and any incorporated documents shall be governed by and interpreted
in all respects under the laws of the State of Michigan without regard to
conflict of law provisions. Louisiana residents; notwithstanding the foregoing,
Louisiana residents may bring an action against Renue Financial with
jurisdiction and venue as provided by Louisiana law.
11.11 DISPUTES
In the event a dispute arises between the Company and an Independent Agent
regarding their respective rights, duties under this agreement, or in the event
of a claim of breach of the Independent Agent Agreement, it is agreed that such
dispute shall be exclusively resolved pursuant to binding arbitration under the
Commercial Rules of the American Arbitration Association with arbitration to
occur in Oakland County, The State of Michigan. The Arbitrator may award, in
addition to declaratory relief, contractual damages and shall award reasonable
attorney’s fees and costs to the prevailing party. An award of attorney’s fees
and costs shall continue through any review, appeal or enforcement of an
arbitration decision. The arbitration decision may be enforced in any court of
competent jurisdiction. Additionally, you agree not to participate in any class
action proceeding against Renue Financial, whether in a judicial or mediation
or arbitration proceeding, and you waive all rights to become a member of any
certified class in any lawsuit or proceeding. This agreement to arbitrate shall
survive any termination or expiration of the Agreement. Nothing in the
Agreement shall prevent Renue Financial from applying to and obtaining from any
court having jurisdiction a writ of attachment, garnishment, temporary
injunction, preliminary injunction, permanent injunction or other equitable
relief available to safeguard and protect its interest prior to, during or
following the filing of any arbitration or other proceeding or pending the
rendition of a decision or award in connection with any arbitration or other
proceeding. The time limitation
of an Independent Agent that wishes to bring an action against Renue Financial
for any act or omission relating to, or arising from the Agreement, such action
must be brought within one year from the date of the alleged conduct giving
rise to the cause of action. Independent Agent waives all claims that any other
statutes of limitations apply.
11.12 ENTIRE AGREEMENT
The Policies and Procedures are incorporated into the Agreement and, along with
the Terms and Conditions and Compensation Plan, constitute the entire agreement
of the parties regarding their business relationship.
11.13 SEVERABILITY
If under any applicable and binding law or rule of any applicable jurisdiction,
any provision of the Agreement, including these Policies and Procedures and
Terms and Conditions, or any specification, standard or operating procedure
which Company has prescribed is held to be invalid or unenforceable, Company
shall have the right to modify the invalid or unenforceable provision,
specification, standard or operating procedure or any portion thereof to the
extent required to be valid and enforceable, and the Independent Agent shall be
bound by any such modification. The modification will be effective only in the
jurisdiction in which it is required.
11.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, COMPANY AND ITS INDEPENDENT AGENTS, OFFICERS,
DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND
INDEPENDENT AGENT HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR
LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH
MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE,
NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR
OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT
TORT OR STRICT LIABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY
LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF
COMPANY OWNED BY THE INDEPENDENT AGENT AND ANY COMMISSIONS OWED TO THE
INDEPENDENT AGENT.
11.15 NOTICE
Any communication, notice or demand of any kind whatsoever which either the
Independent Agent or Company may be required or may desire to give or to serve
upon the other shall be in writing and delivered by electronic communication
whether by telex, telegram, Email or telecopy (if confirmed in writing sent by
registered or certified mail, postage prepaid, return receipt requested). Any
such communication, notice or demand shall be deemed to have been given or
served on the date of confirmed dispatch, if by electronic communication, or
on the date shown on the return receipt or by other evidence if
delivery is by mail.
11.16 NOTICE OF RIGHT TO CANCEL
You may request a refund on your agency fee if it is done within
three business days from the date of enrollment. If you cancel, any agency fees
paid will be returned within TEN BUSINESS DAYS following receipt by Renue
Financial of your cancellation notice. To cancel this transaction, refer to our
Cancellation Policy. No refunds will be issued after the cancellation period. A
Montana resident may cancel his or her Independent Agent Agreement within 15
days from the date of enrollment.
Corporate Office:
Renue Financial, LLC
40900 Woodward Ave. Suite 111, Bloomfield Hills, MI, 48304.
United States
Email: support@renuefinancial.com
Phone: 844 447 3683
Note: This document along with all documents within our website must be
reviewed and approved prior to use for your particular purpose. No statement of
legality or compliance with any regulatory agencies is made in providing you
with this free document.
Signature:
___________________________________________
Name:
_______________________________________________
Date:
_________________________________________________
TERMS & CONDITIONS
The Independent Agent Agreement, and Terms & Conditions are
specifically incorporated herein by reference. They form the Agreement between:
Renue Financial ("Company") and the Independent Sales
Agent. They shall be effective only upon acceptance by the Company, at
its corporate office:
Renue Financial, LLC
40900 Woodward Ave.
Suite 111
Bloomfield Hills, MI, 48304
United States
Independent Sales Agent AGREES:
1. Independent Sales Agent is of legal age in the state/province
or country in which he/she resides.
2. Any Independent Sales Agent who sponsors another Independent
Sales Agent or received a Bonus or Commission on the product sales
of another Independent Sales Agent must fulfill the obligation of
performing a bona fide supervisory, distributing and selling function in the
sale or delivery of product to the ultimate consumer and in the training of
those sponsored. Independent Sales Agent 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. Independent Sales Agent should be able to provide
evidence to the Company quarterly of ongoing fulfillment of sponsor
responsibilities.
3. Independent Sales Agent understands that he/she is not
compensated for sponsoring other Independent Sales Agents but earns
compensation solely on sale of products and/or services to ultimate
consumers.
4. Applicant is, upon acceptance, an "Independent
Contractor", called Independent Sales Agent, conducting business for
her/his own account and not as an agent, employee, or franchisee for the
Company. As such, Independent Sales Agent in the United States must
provide his/her Social Security or Federal Tax ID Number for tax reporting
purposes on any monies earned within the country. All Independent Sales
Agents should consult their attorney or tax consultant for information on monies
earned and where received. The Independent Sales Agent further
understands that s/he will not be treated as an employee in regard to
any laws covering employees. An Independent Contractor shall be
responsible for obtaining any licenses required by law in whatever State,
County or Country in which they reside, and pay all applicable fees and
taxes.
5. Independent Sales Agent agrees to accept 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 Independent Sales Agent. The Company will file appropriate tax
earnings report forms on each Independent Sales Agent at the close of the
calendar year for the amount of commissions and bonuses earned in
their country of residence under this agreement.
6. Independent Sales Agent 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 Independent Sales Agent and Independent Sales Agent will
hold the company harmless from all of same.
7. Independent Sales Agent SHALL NOT promote or sell other
companies’ sales programs, products or Company functions, or on websites
where Company is mentioned or use the Company forms or printed materials
or its name and prestige, or drawing power in conjunction with or in support of
any other activities.
8. Independent Sales Agent shall not sponsor or attempt to
sponsor another Company Independent Sales Agent into another Direct Sales
and/or Network Marketing Company except for her/his personally sponsored
Independent Sales Agents. In addition, no Independent Sales Agent shall
participate in any action that causes an Independent Sales Agent to be
sponsored through someone else into another company.
9. Independent Sales Agent will make no claims as to income
potential either written or oral except those prepared by the company for
illustration purposes only.
10. Independent Sales Agent will not make any claims of any kind
pertaining to benefits of the company’s products and services except those
given in official company promotional media. When presenting
the Company program to others, Independent Sales Agent shall present the
program in its entirety, without omission, distortion or misrepresentation.
11. Independent Sales Agent 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. Independent Sales Agent 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 Independent Sales Agent statements or actions
in violation of this agreement.
13. Should Independent Sales Agent be terminated for cause,
Independent Sales Agent's sales organization may be transferred to his/her
first active upline Independent Sales Agent at Company's sole discretion.
14. A terminated Independent Sales Agent will be eligible to
reapply and may choose a new sponsor after six (6) months. A terminated
Independent Sales Agent that reenters the program may not sponsor any of
her/his original downline organization.
15. Independent Sales Agent understands
that company does not permit changing of sponsors. Network
Marketing is a business of creating relationships. Once an
Independent Sales Agent is sponsored, the Company believes
in maximum protection of that relationship.
16. Independent Sales Agent hereby supplies Renue Financial 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.
17. Independent Sales Agent understands that he/she is paid
weekly and monthly.
18. Independent
Sales Agent without a sales tax ID number authorizes Company to remit
to proper agencies the sales/use tax generated as a result of Independent Sales
Agent's product sales.
19. Independent Sales Agent understands Company will provide
Independent Sales Agent a replicated Web Page, when available as part of the
company business kit. Company will deliver all items upon receipt
of good funds.
20. As an Independent Contractor, Independent Sales Agent is
aware of the quality of products offered by the Company and other costs and
contractual obligations that occur when she/he purchases products from Company.
Independent Sales Agent understands that he/she maintains a greater
responsibility when ordering on a credit card account as an informed
Independent Sales Agent than when ordering as a customer. Independent
Sales Agent 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.
21. In the event
that any check (monies) by any method is returned unpaid, I
authorize Renue Financial 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.
22. Independent Sales Agent 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 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/state’s laws regulating business opportunities.
Renue Financial AGREES:
1. Company will pay Independent Sales Agent
commissions and bonuses on orders received and accepted for sale of products to
the ultimate consumer (not sales aids) made by Independent Sales Agent and
his/her sales organization under the terms of Compensation Plan.
2. 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.
3. 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 Independent Sales Agent at his or her last known
address. Independent Sales Agent agrees to be bound by these
changes. Changes will become part of the agreement upon notification.
The Independent Agent Compensation Plan, Policies and Procedures, and all
modifications thereafter, are incorporated into and are a part of
this agreement.
4. 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.
5. Company assumes no liability for personal injury
arising from use or mishandling of any of the Company product(s).
6. Company does not require Independent Sales Agent to
sponsor and does not require any initial product purchase to be an Independent
Sales Agent.
7. Company reserves the right to terminate this agreement
immediately upon receipt of sufficient information that Independent Sales Agent
has violated any term or condition of this agreement or has otherwise acted
illegally or unethically.
8. Company will honor refund policies provided by any
governmental law applicable to Independent Sales Agent.
9. Company requires
all Independent Sales Agent obey the letter and the spirit of the law.
10. 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 Independent Sales Agent for Renue Financial will not be
violating any agreement or contract, including non-competition, non-compete,
non-solicitation entered in with any other organization.
11. A participant in this Network Marketing plan has the right
to cancel at any time, regardless of any reason. Cancellation must be in writing
and submitted via certified/registered mail with a return receipt to the
company at its principal business address: 40900 Woodward Ave. Suite 111,
Bloomfield Hills, MI 48304.
12. By selecting the
checkbox, I agree, you indicate that you have carefully read this agreement and
that you willingly accept all the terms and conditions herein and shall abide
by the same as may be amended from time-to-time. Independent Sales Agent hereby
supplies Renue Financial with his/her signature for Company files and
understands this electronic signature is the signature of record for all debit
card, ACH and any future credit card transactions.
Signature:
___________________________________________
Name: _______________________________________________
Date:
_________________________________________________