TERMS OF AGREEMENT
1. I am of legal age in the state in which I enter this Agreement with Call MD Plus, Inc. (hereinafter Call MD Plus, Inc. or the Company). By agreeing electronically, or in writing, I hereby agree to abide by all Call MD Plus, Inc. terms of agreement, policies and procedures, and all Associate agendas. Electronic applications will be tracked and logged. When my total income exceeds $500.00, I will be required to sign a paper or electronic application and W-9 if one is not already on file. That Application and Agreement must be accepted by the Company at its home office and notice of its acceptance received by the applicant via email.
2. I understand that sending SPAM, also known as Unsolicited Commercial Email (UCE) is prohibited by Call MD Plus, Inc., and will also have a zero tolerance policy for any use of SPAM, fax broadcasting, or automated telemarketing by phone in connection with the Call MD Plus, Inc. business. This may result in the termination of my business.
3. As an Associate, I will:
• Provide training and motivation to my Associates.
• Successfully complete Company training materials prior to selling product or services.
• Study the product literature and learn to promote retail sales.
• Represent Call MD Plus, Inc. products/services in an honest and sincere manner.
• Honor the Call MD Plus, Inc. Customer Satisfaction Guarantee.
• Help other Associates to be successful.
• Be professional, courteous and considerate.
• Not misrepresent the Call MD Plus, Inc. commission plan.
• Become familiar with and abide by, Call MD Plus, Inc. Statement of Policies and other materials as provided by Call MD Plus, Inc.
4. I understand that as an Associate, I have the following rights: (a) to sell the products/services offered by Call MD Plus, Inc. in agreement with the Commission Plan and Statement of Policies and (b) to enroll Associates in agreement with the Company Commission Plan and Statement of Policies. I understand that the Commission Plan and Statement of Policies and Procedures may be changed and/or amended, and that any such changes or amendments also apply to me.
5. I understand that Associates cannot, under any circumstances, incur any debt, expense or obligation on behalf of, or for Call MD Plus, Inc.
6. I understand that as an Associate I will not, for any reason, act as spokesperson for Call MD Plus, Inc. or its products/services in any manner to any media or publication without prior written authorization. I will not create, print, publish or distribute any literature or materials representing the Company or its products/services other than that, which is provided by the Company.
7. I am entitled to cancel this Agreement at any time and for any reason with written notice to the Company. With proper notification of cancellation or termination, Call MD Plus, Inc. will repurchase sales kits. Prorated refunds will comply with the Company’s current statement of Policies and Procedures concerning this matter.
8. This Agreement will continue as long as I continue accepting commissions and bonuses or other payments from the Company or until this Agreement is canceled in writing.
9. I warrant that my spouse, other household members, or I have not been a Call MD Plus, Inc. Associate and have not owned, had ownership affiliation with, or operated any Call MD Plus, Inc. business in the past year in accordance with Company Policies and Procedures.
10. As an Associate, I understand that I am an independent contractor, and not an agent, employee or franchisee of Call MD Plus, Inc. I understand and agree that I will not be treated as an employee for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts or State Workers Commission Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement.
11. I understand that this Agreement and my acceptance does not constitute the sale of a franchise and that no exclusive territories can be granted to anyone, and that no franchise fees have been paid, nor can I acquire any interest in a security by the acceptance of this Agreement.
12. I understand that I will make no claims or warranties of any kind including, but not limited to, any claims for earnings or products/services, other than those included in Call MD Plus, Inc. written literature. I am not permitted to create my own literature, sales aids or training materials without written consent from the Company.
13. If I fail to pay for products/services, Call MD Plus, Inc. is authorized to withhold the appropriate amounts from my commission and bonus checks or credit card/electronic checking accounts, if any, which I have authorized the Company to charge. If payment owed is not made, I understand that I may, at the Company’s discretion, lose my marketing organization and future commissions and bonuses, and may be placed on inactive status by the Company for an indeterminate period. The Company will not be responsible for the loss of any commissions and bonuses or other payments because of delays or errors in orders, charges, receiving agreements, or other necessary information.
14. Call MD Plus, Inc. may, at its discretion, amend the Company Commission Plan and Statement of Policies and/or terms of the Associate Agreement. Notification of such changes shall be published in broadcast, written or published material circulated or made available to all Associates. I agree to abide by all such amendments. The continuation of my independent business and/or my acceptance of products/services, commission and bonus checks or other payments from the Company constitutes my acceptance of any and all amendments.
15. I understand that I am not a Call MD Plus, Inc. Associate until the Company has accepted an original Agreement signed in full at its home office; or the electronic form of a signed agreement in accordance with paragraph #1. Associates businesses cannot be sold assigned or transferred without prior written approval from the Company.
16. I have carefully reviewed the Call MD Plus, Inc. Commission Plan and Statement of Policies & Procedures and acknowledge that they are incorporated as a part of this Agreement in their present form and as modified from time to time by the Company. My violation of any of the terms of this Agreement or the Company Statement of Policies & Procedures may result, at Company’s discretion, in forfeiture cancellation of this Agreement.
17. This Agreement constitutes the entire agreement between the parties and no other promises, representations, guarantees or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.
18. The term of this Agreement is one year. This Agreement will be automatically renewed annually on each anniversary date of the acceptance of this Agreement unless otherwise canceled or extended by the company.
19. This Agreement shall be governed by the laws of the State of Florida and any claims or disputes between parties to this Agreement shall be subject to binding arbitration in Hillsborough, State of Florida, USA. According to the rules of the American Arbitration Association, Louisiana residents may chose to arbitrate in New Orleans, Louisiana.