Shopping Cart of BlackBox Cosmetics-Terms and Conditions
Terms and Conditions
INDEPENDENT SALES ASSOCIATE (ISA) AGREEMENT
I hereby apply to become an Independent Sales Associate (hereinafter "ISA") of the BlackBox Cosmetics, LLC, (hereinafter "Company") product sales and marketing program.
As an ISA, I understand and agree that:
1. I am of legal age in the state in which I enter this agreement.
2. I shall become a Company ISA upon acceptance of this application by the Company. As an ISA, I shall have the right to sell the services and products offered by the Company in accordance with the Company's Policies, Procedures, and Marketing program, which may be amended and changed from time to time. I have read and agree to all Company Policies & Procedure requirements.
3. Upon notification to ISAs, the Company, at its discretion, may amend the marketing plan, product pricing, policies & procedures, etc.
4. I have carefully reviewed the Company's Compensation/Marketing plan, Policies & Procedures, and acknowledge that they are incorporated as part of this agreement in their present form and as modified from time to time by the Company. These items are located on our home page under the Income Opportunity section.
5. The initial enrollment/subscription fee to become an Independent Sales Associate(ISA) with your own Replicated Shopping Cart, Back Office reporting & Log-in, Sales Kit, and one Cosmeceutical Restoration Kit that includes: 6 Minute Miracle, Infusion AM, Defiance PM, Radiance AX, Frost face wash, and Little Secret Weapon undereye serum is $199.00. A $50 discount is currently being deducted from the initial enrollment cost as part of our prelaunch and grand opening promotion. The ISA Sponsor and Back Office Subscription Fee portion of the enrollment is for ongoing sales and marketing materials support in both written, electronic, and online media formats... including product, service, and training updates, website & replicated website development, website maintenance & hosting, accounting & technical support of management of marketing sales activity, and management of both the ISA's business and sales organization management.
6. Although there are no renewal fees or charges to remain an ISA... An ISA shall be entitled to cancel participation in the ISA sales and marketing
program at any time and for any reason upon notice to the Company.
7. Upon acceptance of this application by the Company, I will be an independent contractor responsible for my own business and not an employee of the Company. I will not be treated as an employee in regard to any laws covering employees, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding at source or for any federal or state tax laws. It is my responsibility to pay self-employment, state and federal income taxes as required by law.
8. I will not use the Company's trade name, trademark, and/or service marks except in the advertising provided to me by the Company or in other advertising without prior written approval by the Company.
9. Anyone who enrolls as an ISA with the Company must maintain certain responsibilities and functions as part of the position. Sales commission is paid to the ISA at the percentage noted in the Compensation Agreement. Bonuses are paid for sales exceeding levels noted in the Compensation Agreement. Any ISA who wishes to sponsor other ISAs may receive organization overrides by fulfilling their duties as a sponsor and adhering to the guidelines set forth by the Company to ensure compliance. ISAs must have ongoing contact, communication and management supervision with his or her sales organization. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to sales meetings and Company training, and sharing genealogy information with those sponsored. Any ISA who sponsors other ISAs, 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. Sales organization overrides are paid to sponsoring ISAs for the purpose of compensating them for this role that would otherwise be placed on the Company or unfairly passed to other sponsors higher in the organization. The only means by which the Company can best determine an ISA’s fulfillment of the sales, sponsorship, and supervisory requirement is by activity in the ISA’s personal wholesale or retail shopping cart. No activity within an ISA’s shopping cart for more than 90 days is deemed an inactive account. Sponsorship overrides will discontinue until activity resumes within the inactive shopping cart. No activity within an ISA’s shopping cart account for more than one year is deemed abandoned and may be closed and removed from the system at the Company’s discretion. Abandoned/Closed accounts are permanently deleted and cannot be recovered.
10. The Company's program is built upon retail sales to the ultimate consumer. The Company also recognizes that ISAs may wish to purchase product or service in reasonable amounts for their own personal or family use. For this reason, a retail sale for commission or bonus purposes shall include sales to non-ISAs, as well as sales to ISAs for personal or family use, which are not made for purposes of qualification or advancement. It is Company policy, however, to strictly prohibit the purchase of product solely for the purpose of qualifying for bonuses or advancement in the marketing program. ISAs must fulfill published personal and downline retail sales requirements, as well as supervisory responsibilities, to qualify for bonuses, overrides, or advancements.
11. The ISA acknowledges that he/she is a wholly independent sales and marketing associate and representative who establishes and services retail customers for Company products as an independent contractor. The position of Independent Sales Associate (ISA) does not constitute either a sale of a franchise or a distributorship, and absolutely no fees have been accepted for this purpose. The only fee required from the ISA is the Start-up Enrollment ISA Sponsor and Back Office Subscription for the purposes of administrative costs associated with such. This agreement is not intended and shall not be construed to create a relationship of employer employee, agency, partnership, or joint venture between any distributor, sponsor and/or the Company.
As an Independent Contractor, the ISA shall:
A. Abide by any and all federal, state, county and local laws, rules and regulations pertaining to this agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Company products.
B. At the ISA's own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to this agreement and/or the receipt, holding, selling, distributing or advertising of Company products.
C. Be solely responsible for declaration and payment of all local, state and federal taxes as may accrue because of the ISA's activities in connection with this agreement.
12. There are No quotas on sales or purchase of products necessary to receive commissions and bonuses on shopping cart sales. Each sale receives a commission based on the Compensation Agreement. Bonuses are paid for reaching levels set forth by the Company in the Compensation Agreement. Sponsorship overrides may only be paid to sponsoring ISAs with an active account. See Section 9 for more detailed information.
13. Prior written approval from the Company is required for the following:
A. To advertise Company products using content other than supplied by the Company;
B. Enrollment of a Corporation, LLC, Partnership, Non-Profit Organization, or any other non-individual entity as an ISA.
C. Issuance of a new position in a Company or corporation within the same industries in which BlackBox Cosmetics LLC competes or sells products.
14. The Company may immediately terminate an ISA who discredits the Company's name, violates any requirement contained in this Agreement, Company Policy and Procedures, or training manuals or misrepresents the Company's products or business opportunity by making claims contrary to the Company's product literature and labels.
15. The ISA acknowledges and agrees to never compete with or use any information learned (verbal and/or written) from the Company to the detriment of said Company. The ISA agrees to bind himself/herself to this agreement while he/she maintains a relationship with the Company and for five(5) years after the ISA/Company relationship has ended.
16. This agreement constitutes the entire agreement between the Independent Sales Associate (ISA) and BlackBox Cosmetics LLC (Company) and no other additional promises, representations, guaranties or agreements of any kind shall be valid unless in writing.
17. This agreement shall be governed by the laws of the state of Florida, and all claims, disputes and other matters between the parties of this agreement shall be brought in Superior Court, in Sarasota, Florida, or in the U.S. District Court, The Middle District of Florida (FLMD) Tampa, Florida
18. I acknowledge that I have read and understand and agree to the terms set forth in this agreement.
19. This agreement shall be considered in force unless either party notifies the other within three (3) business days of their intent to cancel the agreement/relationship.