1. I understand that as a Watkins Consultant:
a. I have the right to purchase products and services from Watkins at the Consultant price.
b. I have the right to offer for sale Watkins products and services in accordance with these
Terms and Conditions.
c. I have the right to sponsor persons in Watkins. If I am a nonprofit organization, I have
the right to sponsor other nonprofit organizations.
d. I will comply with all federal, state/province, county and municipal laws, ordinances,
rules, and regulations, and shall make all reports and remit all withholdings or other
deductions as may be required by any federal, state/province, county or municipal law,
ordinance, rule or regulations.
e. In order to be eligible to receive income and bonuses, I will resell at least 70% of all
products or services that I purchase from Watkins. All products purchased will be for
sale to or use by an end consumer, and I will not purchase any products or services
solely for the purpose of qualifying for income, commissions or bonuses.
f. I will perform my obligations as a Consultant with honesty and integrity.
g. I will only use the sales contracts and order forms which are provided or authorized by
Watkins 1868 for the sales of its goods and services, and I will follow all
policies and procedures established by Watkins for the completion and processing of
such scontracts and orders.
2. I agree to present the Watkins International Compensation Plan and Watkins products and services as set forth in official Watkins literature. I will make no claims regarding potential income, earnings, products or services beyond what is stated in official Watkins literature. I agree to abide by the advertising guidelines set forth in Watkins Corporate Policies & Procedures.
3. I agree that as a Watkins Consultant I am an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of Watkins. 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 Watkins 1868. I understand that I shall control the manner and means by which I operate my Watkins active status, subject to my compliance with these Terms and Conditions and Watkins Corporate Policies & Procedures (all of which are collectively referred to as the “Agreement”). 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 Watkins FOR FEDERAL OR STATE/PROVINCIAL TAX PURPOSES. Watkins is not responsible for withholding, and shall not withhold or deduct from my income and bonuses, if any, FICA, FICAH, or taxes of any kind, unless such withholding becomes legally required. I agree to be bound by all sales tax collection agreements between Watkins 1868orporated and all appropriate taxing jurisdictions, and all related rules and procedures.
4. I have had the opportunity to read and agree to comply with Watkins Corporate Policies & Procedures, all of which are incorporated into and made a part of these Terms and Conditions. I understand that I must be in good standing, and not in violation of any of the terms of this agreement, in order to be eligible to receive any income or bonuses from Watkins. I understand that these Terms and Conditions, and Watkins Corporate Policies & Procedures, may be amended from time to time, and I agree that any such amendment will apply to me. The continuation of my Watkins active status or my acceptance of income or bonuses shall constitute my acceptance of any and all amendments.
5. Upon acceptance of this application by Watkins, I am authorized as a Consultant as of the date of this Consultant Application. The term of this agreement is one year. If I fail to annually renew my Watkins active status, I understand that I will lose my rights as a Consultant, including rights to my downline organization, income, and bonuses pursuant to Watkins Corporate Policies & Procedures. The Consultant may cancel this Agreement at any time by giving written notice to Watkins. In the event of such termination, the Consultant shall continue to be liable to Watkins for any outstanding obligations owed to Watkins.
6. I may not assign any rights or delegate my duties under this Agreement without the prior written consent of Watkins. Any attempt to transfer or assign this Agreement without the express written consent of Watkins renders this Agreement voidable at the option of Watkins and may result in termination of my active status.
7. I understand that if I fail to comply with the terms of this Agreement, Watkins may, at its discretion, terminate my active status or impose upon me other disciplinary action, including but not limited to, forfeiture of income and bonuses, loss of all or part of my marketing organization. If I am in breach, default or violation of this Agreement at termination, I shall not be entitled to receive any further income or bonuses, whether or not the sales for such have been completed. If I fail to pay for products or services when payment is due, I authorize Watkins to withhold the appropriate amounts from my income or bonus checks and agree to pay 16 percent interest on any balance deemed past due. I understand that the failure to promptly pay for products, services, or other charges constitutes a breach of this Agreement and may result in my account being turned over to a third-party collection agency. I agree to pay all collection and legal costs incurred by Watkins for the collection of any account balance deemed past due. Watkins may terminate this Agreement at any time if the Consultant breaches any of his or her obligations under the terms of this Agreement, by giving written notice of the termination and the reason for such termination. Upon such termination, the Consultant will forfeit any income and bonuses and will permanently lose all rights as a Consultant, including his or her rights to any downline organization.
8. To the extent permitted by law, Watkins, its directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release Watkins and its affiliates from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by me as a result of: (a) my breach of this Agreement or Watkins Corporate Policies & Procedures; (b) the promotion or operation of my active status and any activities related to it (e.g., the presentation of Watkins products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.); (c) any incorrect or wrong data or information provided by me; or (d) the failure to provide any information or data necessary for Watkins to operate its business, including without limitation, or the payment of commissions or bonuses. I agree that the entire liability of Watkins and myself, including, but not limited to, any cause of action sounding in contract, tort or equity shall not exceed, and shall be limited to, the amount of products I have purchased from Watkins under this Agreement or any other agreement that are in resalable condition.
9. This Agreement constitutes the entire contract between Watkins and me. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect. To the extent of any conflict or inconsistency between this Agreement and any other agreement (other than Watkins Corporate Policies & Consultant Responsibilities), this Consultant Agreement shall supersede and prevail over any term of any other agreement as to the matters addressed herein. To the extent of any conflict or inconsistency between this Agreement and Watkins Corporate Policies & Procedures, Watkins Corporate Policies & Procedures shall in all instances supersede and prevail over any term of this Agreement.
10. Any waiver by Watkins of any breach of this Agreement must be in writing and signed by an authorized officer of Watkins. Waiver by Watkins of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
11. In the event that a provision of this 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 Agreement will remain in full force and effect.
12. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, unless the laws of the state/province in which I reside expressly require the application of its laws. Except as set forth in the Watkins Corporate Policies and Procedures, or unless the laws of the state/province in which I reside expressly prohibit the consensual jurisdiction and venue provisions of this Agreement, in which case its laws shall govern, all disputes and claims relating to Watkins, the Consultant Agreement, the Watkins International Compensation Plan or Watkins products and services, the rights and obligations of an independent Consultant and Watkins, or any other claims or causes of action relating to the performance of either an independent Consultant or Watkins under the Agreement or the Watkins Corporate Policies and Procedures shall be brought in Winona County District Court, in Winona, Minnesota, or in the U.S. District Court for the District of Minnesota. The Consultant acknowledges that the right to trial by jury is a constitutional one, but that it may be waived and that the time and expense required for trial by a jury may exceed the time and expense required for a trial without a jury. The Consultant, after consulting (or having had the opportunity to consult) with counsel of Consultant’s choice, knowingly and voluntarily, and for the mutual benefit of Watkins and the Consultant, waives any right to trial by jury in the event of litigation regarding the performance or enforcement of, or in any way related to, this agreement or any related agreements or obligations here or thereunder. The Consultant has read this Agreement in its entirety and understands all the provisions of this Agreement. The Consultant also agrees that compliance by Watkins with the express provisions of this Agreement shall constitute good faith and shall be considered reasonable for all purposes. If a Consultant files a claim or counterclaim against Watkins, a Consultant shall do so on an individual basis and not with any other Consultant or as part of a class action.
