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Independent Consultant Agreement: Terms and Conditions
Please read this Independent Consultant Agreement carefully before accepting the terms and conditions and agreeing to become a Consultant. By clicking on the “I Accept” button at the end of this agreement, you agree that you have read, understand and agree to be bound by the Independent Consultant Agreement, as amended from time to time as well as the Terms of Use and Privacy Statement for the Company’s Web site. If you do not wish to agree to the terms and conditions of the Independent Consultant Agreement, click the “I Do Not Accept” button indicating that you do not agree to the terms and conditions and choose not to be a Consultant.

  1. As an Independent Consultant, I understand and agree:
    1. I will promote and sell Company products to customers by regularly holding Shows.  I will present Company products in a truthful, sincere and honest manner, and I will conduct myself in a manner that reflects the highest standards of integrity and responsibility in keeping with the reputation of the Company.
    2. I will protect the Company’s trade name and trademarks used by the Company. I will not reproduce the Company’s name and/or such trademarks or copy any of the Company’s materials for use in any advertising without the prior written approval of the Company.
    3. I am an independent contractor. I am not an employee, agent, partner or franchisee of, or joint venturer with the Company. I cannot act on behalf of, represent or conclude any contracts on behalf of the Company. I do not have any authority to incur any debt, obligation or liability on behalf of the Company.
    4. As an independent contractor, I am responsible for all self-employment taxes, income taxes and other filings required by law, and I am not covered by any State Unemployment or Workers’ Compensation Act. I will not be treated as an employee with respect to this Agreement for federal, state or local law tax purposes, or otherwise. I agree to abide by all federal, state and local laws relating to my Sweet Toy Delights business.
    5. I will present the Company’s business opportunity in a truthful manner. I will accept recruiting responsibilities by ensuring that any prospective recruit is the age of 18 years or older, also all guest at the place of (includes in the house) a show is 18.
    6. I will submit product orders to the Company accompanied by full payment by order payment account, or other payment method deemed acceptable by the Company. I understand that all orders are subject to acceptance by the Company.
    7. I understand that information and materials provided to me contain confidential and proprietary information of the Company. I will not use, disclose or reproduce these materials for other than my Sweet Toy Delights business without the express written consent of the Company.
    8. Upon the Company’s acceptance of this Agreement, I authorize the Company to automatically deduct the appropriate Consultant Monthly fee of 29.95 from my charge card on file, and there after on the same date of the month.
    9. I authorize the Company to deduct from commissions, overrides or other amounts due me, amounts owed by me to the Company which are due at the time of the deduction, including commissions earned on product returned by customers.
    10. I will demonstrate or sell only Company products at in Home Shows. I will not demonstrate or sell any other services and/or products, including any products made personally by me, as part of my Sweet Toy Delights business, at any in Home Show or at a Company-sponsored event or meeting.
    11. I will permit the Company to release my name and telephone number in response to a customer request for a Consultant in my area unless I notify the Company (PO Box 8481 Parkville Maryland 21234, Attn: Solution Center) that I do not want such information released. I also agree that the Company reserves the right to assure continued service to customers if I cease to be an active Consultant.
    12. I agree that the Company has the right to audit my sales, including my sales records, to confirm eligibility for awards and commissions, make adjustments when necessary and to otherwise enforce the terms of this Agreement, and I will comply fully with Company’s audit requests.
  2. Sweet Toy Delights LLC (“Company”) understands and agrees:
    1. Company will pay Consultant commissions based on sales of Company products submitted by Consultant.
    2. Company will pay an active Consultant with any direct or indirect recruits overrides based on sales of commissionable Company products to customers submitted by such recruits.
    3. Company will calculate and pay commissions and overrides in accordance with the then current Company-published commission and override schedules. Company may change commissions, overrides, incentive program rules and active sales requirements at any time with thirty (30) days’ prior written notice to Consultant.
    4. Company will not impose on Consultant any geographical territories or limits relating to sales and recruiting of Consultant in the Continental (48 States) United States,
    5. This Agreement is subject to acceptance by Sweet Toy Delights  Home Office in Baltimore Maryland , and conditioned upon the receipt of a New Consultant Kit.
    6. This Agreement is effective for 6 months from the date of acceptance. It is automatically renewed for additional terms of 6 months. The Agreement automatically terminates after Consultant is “inactive” of Monthly fees for 3 consecutive months.
    7. Either party may terminate this Agreement immediately for cause, or without any reason upon 3 days’ written notice to the other.
    8. This Agreement cannot be altered, modified or changed through any suggestions, advice, guides or sales aids provided by the Company. It can only be altered, modified or changed in writing issued by an authorized Company representative.
    9. This Agreement shall be governed by the laws of the State of Maryland as to all matters.
    10. The Independent Consultant will not be treated as an employee for federal or state tax purposes.