Shopping Cart of BlackBox Cosmetics-Terms and Conditions
Terms and Conditions
Affiliate & Wholesale Agreement
I hereby apply to become a blackbox Affiliate and/or establish a Wholesale Account (hereinafter "Affiliate") with blackbox Universal/BlackBox Cosmetics, LLC, (hereinafter "Company").
As an Affiliate, I understand and agree that:
1. I am of legal age in the state in which I enter this agreement.
2. I shall become an Affiliate upon acceptance of this application by the Company. As an Affiliate, I shall have the right to refer or sell the products offered by the Company in accordance with the Company's Policies and Procedures, 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 Affiliates, the Company, at its discretion, may amend the Compensation & Bonus plan, product pricing, policies & procedures, etc.
4. I have carefully reviewed the Company's Compensation and Bonus 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 Affiliate Compensation and Wholesale tab.
5. The Affiliate & Wholesale enrollment fee includes A) The complete ability to start an Affiliate and/or Wholesale Account with blackbox. B) You will receive a FREE online personal shopping cart connected to your affilate code that's loaded and ready for purchases with any major credit card. Orders are placed using our transaction and credit card processor, we process and fill the orders, and ship directly to your customers. You never have to handle, process, or ship product unless you want to buy at Wholesale and retail from your own website, retail location, or home party. We never charge you for your shopping cart, web hosting, or deduct credit card processing fees. There are no renewal fees of any kind. C) Easy and secure online access to your account with affiliate referral sales, commission, and bonus data. D) In your account, you will have access to our entire product lines at wholesale where you can conveniently place your order and check out with NO minimum purchase requirement.
6. Although there are no renewal fees or charges to remain an Affiliate, an Affiliate shall be entitled to cancel participation as an Affiliate 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 Affiliate and 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. Sales commissions and bonuses are paid to the Affiliate at the percentage noted in the Affiliate Compensation Agreement. Bonuses are paid for sales exceeding levels noted in the Agreement.
10. The Company's program is built upon retail sales to the end consumer. The Company also recognizes that Affiliates may wish to purchase product at Wholesale to sell at Retail for a profit.
11. The Affiliate acknowledges that he/she is a wholly independent and promotes the Company's products or resales as an independent contractor. Becomming an Affiliate 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 Affiliate is the Start-up Enrollment Fee 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 Affiliate, sponsor and/or the Company.
As an Independent Contractor, the Affiliate 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 Affiliate'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 Affiliate'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 Affiliate Compensation Agreement. Bonuses are paid for reaching levels set forth by the Company in the Affiliate Compensation Agreement.
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 Affiliate.
14. The Company may immediately terminate an Affiliate 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 Affiliate 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 Affiliate 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 Affiliate and blackbox universal/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.