Application and Agreement for APLGO US Associates
APLGO U.S., LLC INDEPENDENT ASSOCIATE APPLICATION & AGREEMENT TERMS 1.v4.0
1. Authorization and Contract. By executing this Application and Agreement (“Agreement”), you apply for legal authorization to become an APLGO U.S. (D.B.A. APLGO US) business owner and enter into contract with APLGO U.S., LLC (hereinafter “Company”). You acknowledge that prior to signing you have received, read and understood the Company Income Disclosure Statement, that you have read and understood the Company Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on www.aplgo.us, and that you have read and agree to all terms set forth in this Agreement. The Company reserves the right to reject any application for any reason within thirty (30) days of receipt.
2. Expiration, Renewal, and Termination. The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If your business is canceled or terminated for any reason, you understand that you will permanently lose all rights as an Independent Associate. You shall not be eligible to sell Company products and services nor shall you be eligible to receive royalties, bonuses, or other income resulting from the activities of your former downline sales organization. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. The Company reserves the right to terminate all Independent Associate Agreements upon thirty (30) days’ notice if the Company elects to: (i) cease business operations; (ii) dissolve as a business entity; or (iii) terminate distribution of its products and/or services via direct selling channels. Independent Associate may cancel this Agreement at any time, and for any reason, upon written notice to the Company at its principal business address or via the appropriate electronic address. The Company may cancel this Agreement for any reason at any time pursuant to the terms and conditions of the Policies and Procedures. Moreover, the Company may also take actions short of termination of the Agreement should you breach any of the provisions found in this Agreement, the Policies and Procedures, or the A Company Compensation Plan.
3. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of the Company or your Sponsoring Independent Associate. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products available through the Company on and for your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. By agreeing to these terms, you agree to receive the 1099-MISC form via electronically. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Refunds and Product Returns. You agree that if you resell product directly to a customer (“Retail Customer”), you will adhere to the Company’s 100% satisfaction guarantee policy and shall provide a full refund of all monies paid if the Retail Customer returns the product to you within thirty (30) days of the sales transaction. Similarly, your dissatisfaction with our products means you may return the items for a refund so long as the following conditions occur: (i) neither you nor the Company has terminated the Agreement; (ii) the products were purchased within the previous three (3) months; and (iii) the products remain in resalable condition (as defined in the Policies and Procedures). The refund shall be 90% of the purchase price or product credit of equivalent value, and shall not include the shipping and handling charges you incurred. In the event of defective or damaged product, the Company will cover all shipping charges as detailed more fully in the Policies and Procedures.
5. Presenting the Plan. You agree when presenting the Company Compensation Plan to present it in its entirety as outlined in official Company materials, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on downline volume. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by the Company. You agree to instruct all prospective Independent Associates to review the Company Income Disclosure Statement.
6. Selling Product. You agree to make no representations or claims about any products beyond those shown on product labels and/or in official Company literature and supporting materials. In particular, no Independent Associate may make any claim that Company products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases.
7. Company Proprietary Information and Trade Secrets. You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained through the Company, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the business including, without limitation, Independent Associate lists, sponsorship trees, and all Independent Associate personal and business information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of the Company, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with the Company, you have a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (“Proprietary Information”), which includes, without limitation, LOS information, business reports, manufacturing and product developments, and Independent Associate sales, earnings and /word collocations confusingly similar to the above mentioned (including Company’s colors). The Independent Associate has the right to use images of Company’s products, trademarks, and other APLGO US signs when designing its online pages only upon receipt of the Company’s written consent as much as this is necessary for the proper fulfillment of this Agreement.
The Independent Associate and/or Group agree to avoid registering trademarks, tradenames and other APLGO US signs that include the Company confusingly similar to those of the Company.
8. Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are an Independent Associate, and for one (1) calendar year following resignation, non-renewal, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other APLGO US Independent Associate to compete with the business.
9. Images / Recordings / Consents. You agree to permit the Company to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by the Company for any lawful purpose, and without compensation.
10. Modification of Terms. With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
11. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with the Company as set forth in this Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Utah without regard to conflict of law provisions.
12. Dispute Resolution. All disputes and claims relating to the Company, its products and services, the rights and obligations of an Independent Associate, or any other claims or causes of action relating to the performance of either an Independent Associate or the Company under the Agreement or the Company Policies and Procedures shall be settled totally and finally by arbitration (as enumerated in the Policies and Procedures). Arbitration shall take place in St. Salt Lake City, Utah, or such other location as the Company prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. Additionally, you agree not to initiate or participate in any class action proceeding against APLGO US, 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 the Company 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.
13. Time Limitation. If an Independent Associate wishes to bring an action against the Company for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. You waive all claims by which any other statutes of limitations may apply.
14. Miscellaneous. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to ensure enforceability, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and the Company and supersedes any prior agreements, understandings and obligations between you and the Company concerning the subject matter of your contract.
15. Notice of Right to Cancel. You may cancel this Agreement at any time upon written notice via mail or electronic mail (e-mail). To cancel, please email the notice to APLGO US at: USA-cancellations@APLgo.us.
16. Submission of Electronic W-9. Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2), I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.
17. Duty to Provide Sales Receipts. Independent Associates must provide the customer with two copies of a completed retail sales receipt at the time of the sale. The front of the retail sales receipt should be completed and include the items ordered, the amount of sale, and the customer's name, address, and telephone number. The first copy is the customer's receipt of the purchase. The customer should sign and date the back of the second copy and return it to the Associate if a refund is requested. More is included in the Policies and Procedures on this. If the customer prefers, an Independent Associate may, at his or her discretion, make a product exchange instead of a refund.
18. Distributors may use 100% Customer Sales Volume and Never pay any money out of pocket to qualify for any and all rewards and achievements.
19. Purchasing products for resale. Associates are not required to purchase any product Inventory as they have an eCommerce Website that is designed to promote the products online and the Company stores the inventory and ships direct to the Consumer. The Associate may choose to have products on hand when presenting at Events, Parties and Tradeshows for Customers to purchase and take home immediately and /or for personal consumption. At least 70% of all purchased inventory for sale must be sold before purchasing more. All inventory must be stored in an environment as instructed on the product packaging to insure quality.
20. With Approval by APLGO U.S., Small Retail Stores may carry the product if in an environment where they agree they will be demonstrated and/or offered to taste and try, have open house events and/or educational workshops in such as in a community health store, fitness center, doctor’s office, wellness center, or Day Spa. Proof of tax exemption paperwork will need to be turned in to be able to purchase our Pro Packages for professionals.
21. Commissions for online ordering using the APLGO US eCommerce Cafe. Customers can earn referrals and Loyalty shopping credits up to $600 annually. Associates can earn commissions on products sold to consumers weekly, monthly and annually. Income is received by Direct Deposit to an Associates Bank through an approved Debit Card program.
22. Income Projections. If income projections were presented to you prior to your enrollment, such projections are not necessarily representative of the income, if any, that you can or will earn through your participation in the APLGO US Compensation Plan. These income projections should not be considered as guarantees or projections of your actual earnings or profits. Plain and simple -- success with APLGO US only arises out of hard work, dedication, and exceptional leadership.