- I understand that as an Independent Distributor:
a. I have the right to offer, for sale, Manna Health products in accordance with the Independent Distributor Agreement.
b. If qualified, I have the right to purchase Manna Health Products – including weekly specials – online at wholesale prices and resell the products to my customers at recommended retail prices as indicated on Product Retail Price List.
c. I will comply with all applicable laws, ordinances, rules, and regulations. I will perform my obligations as an Independent Distributor with honesty and integrity.
- I agree that as a Manna Health Products Independent Distributor I am an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Manna Health Products.
I am not authorized to, and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Manna Health Products.
- I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses.
I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF MANNA HEALTH PRODUCTS FOR ANY TAX PURPOSES OR FOR ANY OTHER PURPOSES PURSUANT TO ANY APPLICABLE LAWS OR REGULATIONS.
- Manna Health Products is not responsible for any VAT or Tax on my behalf. I merely buy the products from the Company at wholesale price (including VAT) and resell it at the recommended retail price. The profits made needed to be added to my taxable income and I am responsible for my own income tax and VAT (if applicable).
- I have carefully read and agree to comply with the Policies and Procedures, both of which are incorporated into these Independent Distributor Terms and Conditions and, together, make up the Independent Distributor Agreement.
- I understand that I must be in good standing, and not in violation of the Independent Distributors Agreement which may be amended at the sole discretion of Manna Health Products, and I agree that any such amendment will apply to me.
Notification of amendments shall be published on the Distributors Website and send to you via e-mail.
Amendments shall become effective thirty (30) days after publication, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment.
- The term of the Independent Distributor Agreement is one (1) year and will be renewed automatically, except if the Independent Distributor is in violation of the Distributors Agreement. (subject to prior cancellation pursuant to the Policies and Procedures)
If, for wat ever reason, the Agreement is cancelled, I understand that I (a) permanently lose all rights as an Independent Distributor (b) will not be eligible to sell Manna Health Products.
- The Company reserves the right to terminate all Independent Distributors Agreements upon thirty (30) days’ notice if Manna Health Products elects to
- cease business operations,
- dissolve as a business entity, or
- terminate distribution of its products via direct selling channels.
- I may cancel the Independent Distributor Agreement at any time, and for any reason, upon written notice to Manna Health Products at its principal business address. email@example.com
- I understand that the Company has responsibility, directly, to promote the sale of Manna Health Products within South Africa.
- I may not assign any rights or delegate my duties under the Independent Distributor Agreement without the prior written consent of the Company. Any attempt to transfer or assign the Independent Distributors Agreement without the express written consent of the Company renders the Independent Distributors Agreement voidable at the option of Manna Health Products and may result in termination of my business.
- I understand that if I fail to comply with the terms of the Independent Distributor Agreement, Manna Health Products may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures.
- Manna Health Products, and its Affiliates, shall not be liable for, and I release Manna Health Products and its Affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Independent Distributor Agreement.
I further agree to release and hold harmless Manna Health Products and its Affiliates from all liability arising from or relating to the promotion or operation of my Manna Health Products business and any activities related to it (e.g., the presentation of Manna Health Products, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Manna Health Products for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
- The Independent Distributor Agreement, in its current form and as amended by Manna Health Products at its discretion, constitutes the entire contract between Manna Health Products and myself. Any promises, representations, offers, or other communications not expressly set forth in the Independent Distributor Agreement are of no force or effect.
- Any waiver by Manna Health Products of any breach of the Independent Distributor Agreement must be in writing and signed by an authorized officer of Manna Health Products. Waiver by Manna Health Products of any breach of the Independent Distributor Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
- If any provision of the Independent Distributor Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Independent Distributor Agreement will remain in full force and effect.
- The Independent Distributor Agreement will be governed by and construed in accordance with the laws of South Africa, without regard to principles or conflicts of laws. In the event of a dispute between me and Manna Health Products arising from or relating to the Independent Distributor Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as is more fully described in the Policies and Procedures.
Manna Health Products shall not be obligated to engage in mediation as a prerequisite to disciplinary action against a Distributor. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures.
- Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or Distributor lists as well as other trade secrets, trademarks, trade names, patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the South African court, Somerset West – Western Cape Province.
- If a Distributor wishes to bring an action against Manna Health Products for any act or omission relating to or arising from the Independent Distributor Agreement, such action must be brought within the later of: (a) one (1) year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Manna Health Products for such act or omission. Distributor waives all claims that any other statutes of limitations apply.
- I authorize Manna Health Products to use my name, photograph, personal story, and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
- I authorize Manna Health Products to publish my performance on leader boards that publish the name and results for top performing Distributors. Such authorization includes publication of my personal retail sales.
I also authorize Manna Health Products to reference me and my approximate geographic location on Manna Health Products online Distributor Map. Note that Distributor may opt out of the Leader board and/or Distributor Map authorization by submitting written notice to Manna Health Products firstname.lastname@example.org
- I understand that for Distributor domiciled in an international market that is currently served on a “not for resale” basis, the Independent Presenter Agreement may be materially changed or replaced if/when such market is opened for resale or if/when Manna Health Product’s status is legally changed in relation to such market.
- By agreeing to these terms, non-South African Distributors confirm that all services performed under this Distributor Agreement are performed outside South Africa or agree to notify Manna Health Products by contacting email@example.com.
- Whether you “accept” the Agreement online or whether it is faxed or an emailed copy of the Independent Presenter Agreement, it shall be treated as an original in all respects.