The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:
Karina Harris (“Company”) and the Club Member. They shall be effective only upon acceptance by the Company, at its principal office:
P.O. Box 13011
Club Member AGREES:
1. Club Member is of legal age in the state/province or country in which he/she resides.
2. Any Club Member who sponsors another Club Member or receives a Bonus or Commission on the product sales of another Club Member must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of a product or service to the ultimate consumer and in the training of those personally sponsored. Club Member 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. Club Member should be able to provide evidence to the Company of ongoing fulfillment of sponsor responsibilities.
3. Club Member understands that he/she is not compensated for sponsoring other Club Members but earns compensation solely on the sale of products and/or services to ultimate consumers.
4. Applicant is, upon acceptance, an “Independent Contractor”, hereinafter Club Member, conducting business for her/his own account and not as an agent, employee, or franchisee for the Company. As such, Company Distributor Title must provide his/her Social Security or Federal Tax ID Number for tax reporting purposes on any monies earned within the country. All Club Members should consult their attorney or tax consultant for information on monies earned and where received. The Club Member further understands that he/she will not be treated as an employee in regard to any laws covering employees. An Independent Contractor shall be responsible for obtaining all licenses required by law in whatever State, County or Country in which they reside, and pay all applicable fees and taxes.
5. Club Member agrees to accept the 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 Club Member. The Company will file appropriate tax earnings report forms on each Club Member at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement.
6. Club Member 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 Club Member and Club Member will hold the company harmless from all of same.
7. Club Member SHALL NOT promote or sell other companies’ sales programs, products or Company functions on websites where Company is mentioned, or use the Company forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities.
8. Club Member shall not sponsor or attempt to sponsor another Company Club Member into another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Club Members. In addition, no Club Member shall participate in any action that causes an Club Member to be sponsored through someone else into another company.
9. Club Member will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
10. Club Member will not make any claims of any kind pertaining to the benefits of the company’s products and services except those given in official company promotional media. When presenting the Company program to others, Club Member shall present the program in its entirety, without omission, distortion or misrepresentation.
11. Club Member 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. Club Member 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 Club Member statements or actions in violation of this agreement.
13. Should Club Member be terminated for cause, Club Member’s sales organization may be transferred to his/her first active upline Club Member at Company’s sole discretion.
14. I understand that at least 70% of all of Distributor’s wholesale purchases must be resold to customers that are not Club Members of Company and that I will not purchase products solely for qualification for a higher position, bonus or commissions.
15. All product(s) in resalable condition purchased within 90 days prior to termination may be returned (shipping prepaid). Company will repurchase such products at 90% of the original price less any bonus or commissions paid. All current sales aids and Company Business Kit in resalable conditionpurchased within 90 days prior to terminating may be returned (shipping prepaid). Company will purchase back such materials at 90% of original price. Any laws in any jurisdiction inconsistent herewith are adopted herein and will be followed.
16. The terminated Club Member will be eligible to reapply and may choose a new sponsor after six (6) months. A terminated Club Member that reenters the program may not sponsor any of her/his original downline organization.
17. Club Member understands that Company does not permit changing of sponsors. Network Marketing is a business of creating relationships. Once an Club Member is sponsored, the Company believes in maximum protection of that relationship.
18. Club Member hereby supplies Karina Secrets 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.
19. Club Member without a sales tax ID number authorizes Company to remit to proper agencies the sales/use tax generated as a result of Club Member’s product sales.
20. Club Member understands that Company will provide Club Member a replicated Web Page, when available as part of Company BUSINESS KIT. Company will deliver all Company BUSINESS KIT items upon receipt of good funds.
21. As an Independent Contractor, Club Member is aware of the contractual obligations that occur when she/he purchases products or services from Company. Club Member understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Club Member than when ordering as a customer. Club Member 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.
22. In the event that any check (monies) by any method is returned unpaid, I authorize Karina Secrets 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.
23. Club Member 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 personal 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/states laws regulating business opportunities.
24. Company will pay Club Member commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Club Member and his/her sales organization under the terms of Compensation Plan.
25. 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.
26. 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 Club Member at his or her last known address. Club Member agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Distributor Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
27. 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.
28. Company assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).
29. Company does not require Club Member to sponsor and does not require any fee, charge or initial product purchase to be a Club Member.
30. Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that Club Member has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
31. Company will honor refund policies provided by any governmental law applicable to Club Member.
32. Company requires that all Club Member obey the letter and the spirit of the law.33. 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 Club Member for Karina Harris will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organization.34. I approached Karina Secrets Inc, or any other Karina Harris Club Member, employee, or affiliate, about becoming a Karina Harris distributor and requested to become a Karina Harris distributor. Karina Harris or any Karina Harris Club Member or any employees, agents, managers, members, or affiliates, has approached or solicited the undersigned about becoming a Karina Harris Club Member.
33. By purchasing this product you understand that you will be billed every month $100 towards your 90 day supply of $300. To cancel you must send an email to firstname.lastname@example.org.
34. Additional terms and conditions for participating in Karina’s Wine club.
- Wine Membership: By purchasing a membership on www.KarinaHarris.com you understand that you are joining one of the “Monthly Wine Clubs” and that you will be billed between $49 and $548 immediately for the first month and between $49 and $100 each subsequent month until you cancel your membership. The exact amount of the charges will depend upon the specific club you selected. You will be billed on or around the same day each month. You can cancel your membership at any time by email email@example.com. Your membership will begin immediately. All charges will be identified as Karina Harris on your credit card statement.
- Shipping: All Shipments are delivered by UPS. An Adult Signature (21 or older) is always required for delivery. Age verification will need to be provided at the time of the delivery. Providing a business addresses for deliveries will often work best. If shipping to a residence, UPS will make 3 attempts on consecutive business days. If no one is available, UPS will hold the box for pick-up at the local UPS center for 5 more business days. After that the shipment will be returned to us. There is a $15 charge for re-shipments. While often sooner, monthly wine selections are shipped no less than twice monthly and in all events should be made within 14 days of your payment. Shipments are made from Oregon State and delivery times will vary from 1-5 days based upon your distance from Oregon. Wine is a perishable product, accordingly occasional additional delays may be encountered to ensure the wine shipments avoid severe temperatures during delivery.
- Minors (Under the Age of 21): This Site does not intend to market any Karina Harris products or services to minors under twenty one (21) years of age. Karina Harris does not knowingly gather or solicit data from minors under twenty one (21) years of age through this Site for marketing purposes. By using this Site you represent that you are not under twenty one (21) years of age. Adult signature will be required for delivery and proof of age will need to be presented at that time.
- Refund Replacements: You may request a refund for any wine that was ordered but not yet shipped. Requests for replacement of broken or damaged wine shipments that accompany your membership must be made within 60 days from the date of delivery. Request a refund or replacement by sending an email to firstname.lastname@example.org
36. Limitation of Liability KARINA HARRIS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH KARINA HARRIS IS TO DISCONTINUE YOUR USE OF THE SITE. KARINA HARRIS, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF KARINAHARRIS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KARINA HARRIS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.