THE TERMS AND CONDITIONS
The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:
The Roaring Planet Corp (“Company”) and the Member. They shall be effective only upon acceptance by the Company, at its principal office:
The Roaring Planet Corp
9033 East Easter Place Suite 200
Centennial, CO 80112
1. Member is of legal age in the state/province or country in which he/she resides.
2. Members who pay the $99 annual fee receive the following benefits:
- The Company will provide Member a replicated Web Page (online store), when available as part of roaringplanet.com.
- Members will have the ability to log into their own online store to purchase products at the reduced, “wholesale” price.
- Members will earn commissions on sales connected made through, and connected to their online store:
- 15% on outside purchases made through your online store at the “retail”, non-promoted price.
- 8% on purchases through another member’s online store, which was signed up through your site.
3. The Company calculates commissions on a calendar month basis. Commissions are accrued until the $25 threshold is reached. At that time, the entirety of earnings are paid. These commissions over $25 are paid on approximately the 25th of the following calendar month. Commissions are paid in a format at the discretion of the Company and may include the following methods: manual check, direct deposit into a bank account, or reloadable debit card. Once commissions over $25 have been paid, commissions accrual begins again.
4. Member understands that he/she is not compensated for sponsoring other Members (e.g. their $99 membership fee) but earns compensation solely on the sale of products and/or services to ultimate consumers.
5. Applicant is, upon acceptance, an “Independent Contractor”, hereinafter Member, conducting business for her/his own account and not as an agent, employee, or franchisee for the Company. As such, must provide his/her Social Security or Federal Tax ID Number for tax reporting purposes on any monies earned within the country. All Members should consult their attorney or tax consultant for information on monies earned and where received. The 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.
6. 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 Member. The Company will file appropriate tax earnings report forms on each Member at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement.
7. 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 Member and Member will hold the company harmless from all of same.
8. 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.
9. Member shall not sponsor or attempt to sponsor another Company Member into another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Members. In addition, no Member shall participate in any action that causes an Member to be sponsored through someone else into another company.
10. Member will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
11. 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, Member shall present the program in its entirety, without omission, distortion or misrepresentation.
12. 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.)
13. 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 Member statements or actions in violation of this agreement.
14. Should Membership be terminated for any reason, including non-renewal of annual fees, the following will occur:
- The Membership will become inactive for 90 days until it is deactivated entirely.
- The Member may renew at any time during the 90 period post renewal date.
- While inactive, commissions accruals will cease, but funds will remain in place.
- No additional commissions will be calucalated or accrued.
- Access to the lower, wholesale pricing will be unavailable.
- If the membership is renewed during the 90 day inactive period, accruals will begin again and be added to the previously accrued amount and wholesale pricing will be available again.
- If the account is not renewed after 90 days post renewal date, the accrued funds will be forfeited to The Company, the online store will be premently deactivated, and all customers/members will be unlinked from your account.
15. The terminated Member will be eligible to reapply at any time. A terminated Member that reenters the program may not sponsor any of her/his original connected customers or members or organizations.
16. Member understands that Company does not permit changing of sponsors. Only the Company itself has the sole discretion to reassign sponsors under select circumstances.
17. Member hereby supplies The Roaring Planet Corp 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.
18. Member without a sales tax ID number authorizes Company to remit to proper agencies the sales/use tax generated as a result of Member’s product sales.
19. As an Independent Contractor, Member is aware of the contractual obligations that occur when she/he purchases products or services from Company. Member understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Member than when ordering as a customer. 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.
20. The Member, Independent Contract may not misuse, mishandle, sell, or distribute any personal identifying information of their customers’ or members’ information including, but not limited to: names, addresses, phone numbers, emails, credit card information, or anything else included in “identifying information”. Prosecution for such violations will be to the fullest extent of the law, and member will hold harmless The Company in any of these matters. Violation will result in immediate termination of membership with possible legal penalties assigned.
21. In the event that any check (monies) by any method is returned unpaid, I authorize The Roaring Planet Corp 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.
22. 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.
23. 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.
24. 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 Member at his or her last known address. Member agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
25. 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.
26. Company assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).
27. Company does not require Member to sponsor and does not require any fee, charge or initial product purchase to be a paid, annual Member.
28. Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that Member has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
29. Company will honor refund policies provided by any governmental law applicable to Member.
30. Company requires that all Member obey the letter and the spirit of the law.
31. 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 Member for The Roaring Planet Corp will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organization.
32. I approached The Roaring Planet Corp Inc, or any other The Roaring Planet Corp Member, employee, or affiliate, about becoming a The Roaring Planet Corp distributor and requested to become a The Roaring Planet Corp distributor. The Roaring Planet Corp or any The Roaring Planet Corp Member or any employees, agents, managers, members, or affiliates, has approached or solicited the undersigned about becoming a The Roaring Planet Corp Member.
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