| I understand that I have to sell at least
$85.00 net within my "Training Period" or I have to pay the difference in the
price between the retail value and the amount I paid for my kit. I understand that my
earnings and success will depend upon my successful sale of UBAH products and my
recruiting of other successful consultants. I will receive earnings and rank title
according to the commission structure and information chart set forth under the UBAH
consultant handbook. I agree that UBAH may, at its sole discretion, revise the handbook
(including provisions concerning profits and other earnings) from time to time; my
continued engagement in selling UBAH products after such revisions constitutes my
agreement to these revisions. 1. I am a self-employed independent contractor and not an
employee, representative or agent of Usborne Books at Home or any other consultant. I
understand that my spouse can sign on this agreement or at a later date as a partner and I
cannot "recruit" him or her. I will be solely and personally responsible for all
Federal, State and Local taxes on income I receive as a UBAH consultant. My business as a
UBAH consultant will be in every respect independent of the Company’s business and of
any other business, and I will conduct it as such. 2. I agree to be bound by any
amendments or additions sent to me from time to time. I will conduct my business in
accordance with the Company’s trademark policies and advertising regulations set out
in the UBAH handbook. Except for sales literature, which UBAH sells or otherwise provides
me, I will not use or otherwise display trademarks or tradenames of UBAH in any type of
advertising or literature without UBAH’s prior written permission. I understand that
UBAH is committed to ensuring that UBAH independent salespersons establish a successful
business. I further acknowledge that the success of UBAH and its independent |
salespersons depend on direct selling methods
to consumers. Therefore, I will not sell UBAH products to or through retail stores or
other fixed commercial establishments. I will comply at all times with reasonable
instructions given to me by the Company in relation to the ordering of product for resale
for my business as an UBAH consultant. I will conduct my business as an UBAH consultant in
an ethical and honest manner and do nothing which may harm or damage the reputation of my
business or the Company, or bring the Company into disrepute. I will not make any claims
for the Company’s products or business which are not set out in the Company’s
literature or directions. 3. I may terminate this agreement at any time by giving the
Company ten (10) days written notice. Where written notice of termination is given, the
Company will buy back product of marketable inventory within twelve months of the
salesperson’s date of purchase at not less than 90% of the salesperson’s
original net cost less appropriate set-offs and legal claims, if any, which was purchased
by that salesperson for resale prior to the date of termination of the salesperson’s
business relationship with the Company. Products shall not be considered for return if not
commercially marketable; or if the Company clearly discloses prior to purchase that the
products are seasonable, discontinued or special promotion products and are not subject to
the repurchase obligation. Your rights are subject to the Company’s right to require
the payment of all sums paid or credited to you as a bonus in respect of any such product.
4. I may sponsor other prospective UBAH consultants according to the information chart in
the UBAH handbook. 5. The Company may terminate this agreement immediately if there
is a breach, violation or a default of any provisions in this agreement. The agreement is
automatically terminated upon my death, insolvency or bankruptcy. |
