ACN European Services Limited ( “ACN” ) is the booster of this trading strategy in the United Kingdom. The merchandises and services which are supplied under this strategy are telecommunications merchandises and services and related merchandises and services supplied by ACN and other merchandises and services as ACN may market from clip to clip. Gross saless of these merchandises and services are made by ACN Independent Representatives who participate in the strategy as ordertakers. The lone fiscal duty of the Independent Representative ( “IR” ) during the period of 12 months from the beginning day of the month of the Agreement is to buy a squad trainer kit and. if the IR elects to regenerate the Agreement. the payment of the one-year reclamation fee. The IR has no farther one-year fiscal duty and in peculiar has a free pick whether or non to buy any merchandises or services under this trading strategy. Upon reception of proper payment by ACN. the IR shall be designated as an Independent Representative. The IR shall take part in the strategy upon the footings of this Agreement at any degrees of the strategy which the IR may accomplish.
Signature: The IR hereby confirms that he/she has received a transcript of and has read. understands and accepts all of the footings of ACN’s Independent Representative Agreement. including the Footings and Conditions. the Compensation Plan and the Policies and Procedures ( each of which paperss is incorporated into the understanding between the IR and ACN and which together comprise the full understanding between them ) . and hereby applies to go an Independent Representative in ACN’s trading strategy. By subscribing this application signifier. it is herewith confirmed that neither the applier. the applicant’s partner or life spouse ( unless they are the applicant’s patron ) have had any other involvement and/or benefit in any other ACN distributorship within. if applicable. the 12 months prior to the Effective Date of this Agreement. as fit Forth in the current Policy and Procedures attached hereto. A Participant IN THIS MULTI-LEVEL Selling Plan HAS A RIGHT TO CANCEL AT ANY TIME. REGARDLESS OF REASON. CANCELLATION MUST BE SUBMITTED IN WRITING TO: ACN European Services Ltd. . P. O. Box 427. Hounslow TW4 6DR. United Kingdom
1. It is illegal for a booster or a participant in a trading strategy to carry anyone to do a payment by assuring benefits from acquiring others to fall in the strategy. 2. Make non be misled by claims that high net incomes are easy achieved. 3. If you sign this contract. you have 14 yearss in which to call off and acquire your money back. Signature ACN: Date: ( DD/MM/YY )
Signature Card Holder:
? Payment by check:
Make a check for the sum of ?199. 20 collectible to ACN European Services Ltd. and direct it together with this understanding to P Box 427. Hounslow TW4 6DR. United Kingdom. Always compose your Team ID as. O. a payment mention on the dorsum of the check. You will happen your Team ID at the underside of this understanding.
United Kingdom – Independent Representative Agreement Footings and Conditions 1. This Agreement grants the IR the limited non-exclusive authorization to advance and sell ACN’s merchandises and services topic to the footings and conditions established by ACN from clip to clip. The IR certifies to ACN that he or she is over 18 old ages of age and a occupant of the United Kingdom. For intents of this Agreement. the IR’s reference as indicated shall be deemed to be the IR’s correct reference until written presentment of a alteration of reference is provided to ACN. For the turning away of uncertainty. appliers from the Channel Islands and the Isle of Man are excluded from going ACN Independent Representatives. The IR is free to choose his or her ain agencies. methods and mode of operation and to take the hours and location of his or her activities under this Agreement. topic merely to the footings of this Agreement. the ACN Policies and Procedures and Compensation Plan. The IR may subscribe up every bit many personal clients as wished. For each personal client signed. the IR will have a committee based on the IR’s personal customers’ use payments in conformity with the Compensation Plan.
Any other payments the IR receives will be based upon carry throughing certain footings of making as set Forth by the Compensation Plan. The IR shall put primary accent upon the sale of services and merchandises to clients who do non take part in ACN’s trading strategy as a status of reception of committees. ACN may set its committee rates for promotional merchandises or negotiated pricing. The IR is responsible for oversing and back uping any other Independent Representatives in his or her downline and agrees to keep regular communicating in support of such downline Independent Representatives through verbal and written communications. The IR is responsible for his or her ain concern and is non a spouse. legal representative or employee of ACN or any party with whom ACN transacts or contracts concern. The IR will non stand for in any mode that he or she is a spouse. representative or employee of ACN or any party with whom ACN transacts or contracts concern and will non be treated as an employee for any legal or revenue enhancement intents.
ACN shall non be apt for any debts or liabilities whatsoever or howsoever incurred by the IR. whether or non such liabilities are incurred during the term of this Agreement. The IR acknowledges that he or she is non guaranteed any income nor assured any net incomes or success. and no claims of guaranteed net incomes or representations of expected net incomes that might ensue from attempts as an IR have been made by ACN or his or her patron. The IR shall non stand for straight or indirectly that any individual may. can or will gain any declared gross or net sum nor that sponsorship of other IRs is easy to procure or retain. or that all or any IRs will win. No purchase or investing is necessary to go an Independent Representative other than the purchase of a squad trainer kit. The IR may non pay or set about to pay any amounts in regard of those goods is collectible to the IR on bringing of the goods. or forthwith if the goods have non yet been delivered to the IR.
This Agreement may be terminated by the IR with or without cause at any clip without punishment by giving 14 yearss written notice of expiration to ACN at its reference referred to on rearward side or by ACN at its exclusive discretion in composing for any breach of its commissariats or misdemeanor of any of the footings of this Agreement or the Policies and Procedures. the process for such expiration to be in conformity with the commissariats set out in the Policies and Procedures. If the IR gives notice to end this Agreement more than 14 yearss after the IR entered into the Agreement. the IR may return to ACN any goods ( including preparation and promotional stuffs. concern manuals and kits ) which the IR has purchased under the strategy within 90 yearss prior to such expiration and ACN will pay the IR the monetary value ( inclusive of VAT ) which the IR paid for the goods less. where the status of any such goods has deteriorated due to an act or default on the portion of the IR. an sum equal to the decline in their value ensuing from such impairment and a sensible handling charge ( which may include the cost of repackaging returned goods for resale ) .
In the event that either party terminates this Agreement the IR may return to ACN any goods ( including preparation and promotional stuffs. concern manuals and kits ) which the IR has purchased under the strategy more than 90 yearss but within one twelvemonth prior to such expiration for ( including preparation and promotional stuffs. concern manuals and kits ) 90 % of the monetary value ( inclusive of VAT ) which the IR has paid for them. less an sum equal to: a. ) any sum due from the IR to ACN on any history ; b. ) a sensible handling charge ( which may include the cost of repackaging returned goods for resale ) ; and c. ) provided that: i. ) such goods have non been purchased or acquired by the IR in breach of this Agreement ; ii. ) the IR returns such goods to ACN in an fresh. commercially resaleable status non more than 14 yearss after the day of the month of expiration ; and iii. ) ACN did non clearly inform the IR prior to the purchase that the goods were seasonal. discontinued or particular publicity merchandises which were non to be capable to the buy-back commissariats of this point.
In the event of the expiration of this Agreement under points 16 or 17. in order to retrieve monies paid for goods the IR must present the goods to ACN within 21 yearss of such expiration to ACN’s reference referred to on rearward side. ACN will bear the cost of such bringing. The purchase monetary value is collectible to the IR on bringing of the goods. or forthwith if the goods are already held by ACN. If this Agreement is terminated for any ground the IR will hold the right to be released from all future contractual liabilities toward ACN in relation to this trading strategy. except: a. ) liabilities associating to payments made to the IR under contracts which the IR has made as agent for ACN ( if any ) ; b. ) any liability to pay the monetary value of goods or services already supplied to the IR by ACN where the IR has non returned such goods to ACN in conformity with points 13 and 16 ; and c. ) the commissariats of points 29 and 31 which relate to competition with the concern of ACN after expiration of this Agreement and which shall stay in force after the day of the month of expiration.
If any downline IR of the IR returns any Merchandises to ACN on expiration or otherwise and obtains a refund from ACN ( whether or non such refund is lawfully required ) . the IR will on demand wage to ACN any committees or fillips earned in relation to those Merchandises in the 120 yearss predating ACN’s demand for refund. Any notice given under this expiration clause. which is given by first category station to the principal concern reference of the parties. or to such other reference as shall hold been notified from clip to clip in composing by one party to the other. shall ensue in the period of notice get downing to run from the twenty-four hours when such notice is posted. The IR shall maintain accurate records and shall non prosecute in or execute in any misleading. delusory or unethical patterns. The IR shall stay by all Torahs regulating the sale or publicity of the merchandises and services marketed by ACN. including but non limited to. any and all licenses and licenses required to carry on the IR’s concern under this Agreement.
During an probe by ACN of a breach of this Agreement the IR’s place may be suspended by ACN and any payments which may be otherwise owing to the IR shall be suspended in conformity with the process set out in the Policies and Procedures until concluding declaration has been achieved. ACN shall supply the IR with an equal record of all goods or services supplied by ACN to the IR in regard of which payment is due from the IR. which record may take the signifier of an itemised order signifier. bill or reception. ACN shall non be apt under any fortunes for any harm or loss of any sort. including indirect. particular. punitory. compensatory. or eventful amendss. losingss or net incomes which may ensue from any cause. including but non limited to. breach of guarantee. hold. act. mistake or skip of ACN and/or its supplier ( s ) of goods and services. or in the event of discontinuance or alteration of a merchandise or service by ACN and/or its supplier ( s ) of goods and services. The duties of ACN and its supplier ( s ) of goods and services are limited to the public presentation of sensible enterprises to treat client orders for credence and blessing of requested services.
The IR acknowledges that ACN expressly militias all proprietary rights to the company name. logo. hallmarks. service Markss and copyrighted stuffs ( “Proprietary Property” ) . The IR is granted a non-exclusive licence. during the term of this Agreement. to utilize the Proprietary Property of ACN purely in conformity with this Agreement. The IR will non utilize ACN’s Proprietary Property in any signifier whatsoever except every bit permitted in authorship by ACN or in advertisement or promotional stuffs provided. designed or published by ACN. The IR may non run off or double any stuffs provided by or purchased from ACN without written mandate from ACN and unauthorized usage of any Proprietary Property is improper and constitutes evidences for expiration of this Agreement by ACN. The IR is personally apt for any revenue enhancements or responsibilities required by jurisprudence. including income revenue enhancement. national insurance parts and the proper aggregation and payment of VAT on gross revenues and committees. The IR will maintain all proper records as are necessary to guarantee the proper appraisal and payment of any such revenue enhancements or responsibilities.
If the IR holding been registered. becomes deregistered for VAT voluntarily or due to turnover falling below the VAT threshold applicable at the relevant clip or otherwise. he or she shall advise ACN in authorship of the fact of such de-registration within 14 ( 14 ) yearss of the de-registration taking consequence. In the event that ACN is required to pay VAT on any payments due to the IR under the Compensation Plan or otherwise ACN militias the right or otherwise ( capable to any necessary blessings ) to self measure for such amounts. in which event VAT shall merely be paid to the IR if the IR is registered for VAT and provides ACN with a transcript of his VAT enrollment certification. If ACN is obliged or apt to do any payment of VAT to the revenue enhancement governments as a consequence of the failure of the IR to advise ACN of de-registration for VAT so the IR acknowledges and agrees that ACN shall be entitled to retrieve from him/her the sum of such VAT by tax write-off from the IR’s history with ACN or by any other agencies available to ACN from clip to clip.
26. The IR hereby indemnifies and shall keep ACN and its supplier ( s ) of goods and services immune from any and all claims. losingss. amendss and disbursals. including any legal fees. originating out of IR’s actions or behavior in misdemeanor of this Agreement. In order to reimburse any amendss and disbursals it has incurred due to such misdemeanors ( s ) . ACN may ( subject to item 20 ) countervail any committees or other payments due to the IR. 27. The IR acknowledges that ACN to the full militias its right to modify the ACN Policies and Procedures and Compensation Plan and its other literature and its merchandise monetary values at its discretion. at any clip by doing available to the IR written presentment or verbal communicating through the ACN Communications System. Newsletter or such alterations through a missive from ACN. provided that ACN shall give the IR at least 60 yearss advance written notice of any alteration in the one-year fiscal duty of the IR.
28. The IR acknowledges that the Agreement shall non be modified or amended except in composing signed by ACN. Each party acknowledges that in come ining into this Agreement it does non make so on the footing of or in trust upon any representations. promises. projects. guarantees or other statements ( whether written or unwritten ) of any nature whatsoever except as may be expressly provided in this Agreement ( and consequently any conditions. guarantees or other footings implied by legislative act or common jurisprudence are herewith excluded to the fullest extent permitted by jurisprudence ) . This Agreement shall be adhering upon and inure to the benefit of inheritors. replacements and permitted assignees of the parties hereto. The IR can non delegate or otherwise reassign the rights of the Independent Representative place herewith granted to any other individual. house or organic structure corporate without the express prior written consent of ACN. If any proviso of the Agreement is determined by any authorization of competent legal power to be invalid or unenforceable in portion or in whole for any ground whatsoever. the cogency of the staying proviso or parts thereof shall non be affected thereby.
29. During the term of this Agreement. the IR may non. straight or indirectly. sell to or beg services offered by ACN through any individual or entity other than that specifically designated or approved in composing by ACN. The IR shall non. during the term of this Agreement and for a period of 90 ( 90 ) yearss thenceforth. straight or indirectly. divert. entice. wittingly call upon sell or solicit. take away or travel any client of ACN or its supplier ( s ) of merchandises and services. whether or non the Independent Representative originally procured or brought such client to ACN ( such activities are jointly referred to herein as Solicitation ) . All clients solicited by Independent Representatives on behalf of ACN and its supplier ( s ) of merchandises and services are deemed to be clients of ACN or its supplier ( s ) of merchandises and services and non of its Independent Representatives.
The IR acknowledges that such non-solicitation prohibition shall be purely enforced and that ACN’s supplier ( s ) of merchandises and services shall be a 3rd party donee of this prohibition every bit good as any proprietary and confidential information provided to ACN which in bend is received by the IR. Further. during the term of this Agreement and for a period of 90 ( 90 ) yearss thenceforth. the IR may non come in into a direct selling relationship with any supplier ( s ) of merchandises and services of ACN. During the term of this Agreement and for a period of 90 ( 90 ) yearss thenceforth. the IR may non beg an ACN Independent Representative. whether active. inactive. single or entity to take part in a web selling plan offered by any other company. regardless of whether or non such web selling company offers similar merchandises and services. Misdemeanor of this compact and status will ensue in expiration of this Agreement. and forfeiture of all distributorship rights. including all current and future committees. fillips and payments of any sort.
30. The failure of any party at any clip to necessitate public presentation by any other party of the commissariats of this Agreement shall in no manner affect the right of such party to necessitate the redress of any breach of any commissariats of this Agreement and shall non be construed as a release of any go oning or wining breach of such commissariats. 31. The IR shall non demur as authorized or required by ACN reveal to any individual any of the trade secrets or confidential information including but non limited the downline family trees which shall at all times remain the belongings of ACN which may come to his cognition during the term of this Agreement. and shall maintain with complete secretiveness all confidential information and shall non utilize or try to utilize any such information in any mode which may wound or do loss either straight or indirectly to ACN or its concern or may be probably to make so. This limitation shall go on to use after the expiration of this Agreement for one twelvemonth but shall discontinue to use to information or cognition which may come into the public sphere otherwise than by his mistake. Upon expiration of this Agreement the IR shall present to ACN any samples. notes. memorandum or information refering trade secrets or confidential information of ACN ( including transcripts of the downline family trees ) as shall be made or received by the IR during the class of this Agreement. The IR hereby acknowledges that such notes. memorandum and information are the belongings of ACN.
32. This policy describes ACN’s responsibility of attention. in relation to the aggregation and usage of informations. in relation to advisers with respect to the informations ( whether personal or otherwise ) that is held by it. In this respect. ACN is committed to: a ) Obtaining and treating personal informations or the information representing personal informations reasonably ; B ) Ensuring personal informations is accurate and. where necessary. maintain up-to-date ; degree Celsiuss ) Keeping personal informations for merely one or more specified lawful intent ; vitamin D ) Not utilizing or unwraping personal informations in any mode incompatible with such lawful intent ; e ) Ensuring that personal informations is equal. relevant and non inordinate in relation to such intents ; degree Fahrenheits ) Not maintaining personal informations for longer than is necessary for such intents ; g ) Taking appropriate security steps against unauthorized entree or change. revelation or devastation of personal informations and against their accident. loss or devastation.
The IR acknowledges that he or she has been informed by ACN that the information which he or she gives to ACN ( including information relating to the IR. his reference and other inside informations ) will be retained by ACN on a computing machine database and will be used by ACN for selling and other disposal intents. The IR besides acknowledges that ACN may unwrap this information in connexion with such intents to other members of the ACN group of companies which may be situated inside or outside the EU and to other individuals and. in peculiar. may unwrap it to other IRs as portion of ACN’s Genealogies. The IR consents to ACN retaining. processing and unwraping the information referred to as set out above. 33. This understanding is governed by and shall be construed in conformity with English jurisprudence and the parties hereby irrevocably submit to the non-exclusive legal power of the English Courts in regard of any difference originating herefrom or any other contractual relationship between the parties here to transcending ?200 ( including VAT ) to ACN or any of its other independent representatives within 7 yearss of the day of the month of this Agreement such amount to include purchase of the squad trainer kit.
8. ACN’s one-year reclamation fee is collectible upon the first anniversary day of the month and yearly thenceforth. The one-year fee is for services provided by ACN which include but are non limited to head office support services. the ACN Communications System. trailing of personal clients. tracking of downline IRs and accounting services. There is a separate fee of ?2. 00 per payment to treat all payments to IRs. The IR hereby agrees that such fee may be deducted from committees due to him/her at any clip. The IR will have a reclamation application prior to the IR’s anniversary day of the month. Renewal application and fee must be received by ACN no subsequently than the anniversary day of the month or the IR’s place will be deactivated. ensuing in the forfeiture of future fillips. committees or other payments from ACN.
Upon each one-year reclamation of this Agreement the IR shall regenerate upon the so current footings of these Footings and Conditions. the Policies and Procedures and Compensation Plan. 9. The IR shall pay for any merchandises. stuffs. services or other points purchased from ACN when due and in the event of late payment so capable to item 12 below. ACN has the right to end this Agreement and/or ACN may countervail such debt from any monies owing to the IR under the Compensation Plan. 10. The IR acknowledges that no Government bureau or other regulative authorization reappraisals. endorses or otherwise approves any trading strategy. contract. merchandise. rank. or compensation plan of any selling company. 11. The IR will utilize merely printed stuffs produced by ACN when stand foring ACN. developing other IRs and/or doing representations as to the merchandises or services. No claims. statements. revelations. representations or guarantees that are non printed in ACN’s printed stuffs will be made in either selling the merchandises or services or in the enlisting of prospective IRs.
Any extra stuffs used for promotional intents may be used merely in exceeding fortunes and must be approved by ACN in composing before being used. 12. The IR shall non talk on behalf of ACN. or on the topic of its merchandises or services. by agencies of an interview or articles on telecasting. wireless or any imperativeness. print medium or communicating media. unless anterior written permission has been granted by ACN. If an IR is contacted by one of the above the IR must mention the media to ACN straight. 13. The IR may call off this Agreement without punishment within 14 yearss of come ining into this Agreement by giving written notice of cancellation to ACN at its chief concern reference ( or to such alternate reference within the United Kingdom as ACN may stipulate ) and: a. ) the IR may necessitate ACN to refund the IR within 14 yearss any monies which the IR has paid to or for the benefit of ACN or any of its other IRs in connexion with the IR’s engagement in the ACN chance or paid to any other IR in conformity with the ACN chance ;
b. ) the IR may return to ACN’s reference referred to above any goods which the IR has purchased under the trading strategy within 21 yearss of the day of the month of cancellation and which remain unsold. provided that such unsold goods remain in the status in which they were in at the clip of purchase. whether or non their external wrappers have been broken and may retrieve any monies paid in regard of such goods ; and c. ) the IR may call off any services which the IR has ordered under the trading strategy within such 14-day period and may retrieve any monies paid in regard of such services. provided that such services have non yet been supplied to the IR. 14. In order to retrieve any monies paid in conformity with point 13 ( a ) or 13 ( degree Celsius ) above the IR must give notice to ACN bespeaking the refund of such monies ( and if applicable. returning the squad trainer kit and any other promotional or preparation stuffs purchased by him/her ) to ACN’s reference referred to on rearward side within 21 yearss of the day of the month of cancellation and ACN shall refund such monies as the IR may be lawfully entitled to retrieve within 21 yearss of the day of the month of cancellation. 15. In order to retrieve monies paid for goods under point 13 ( B ) above. the IR must present the goods to ACN within 21 yearss of the day of the month of cancellation to the reference referred to on rearward side. The IR shall bear the cost of such bringing. The monies paid ACN European Services Ltd. Registered Office Address: 7 Albemarle Street. London W1S 4HQ. United Kingdom. Companies House: 3650246. VAT Reg. No: GB 726 3625 33 Postal reference: P. O. Box 427. Hounslow TW4 6DR. United Kingdom