I hereby apply to become an Independent Consultant of Racco’s (hereinafter "Company") Marketing System.
Terms and Conditions
1. I understand that as a RACCO Consultant:
a. I am of legal age in the state in which I enter this agreement.
b. I have the rights to sell RACCO products in accordance with these Terms.
c. I have the right to enroll persons in RACCO.
d. I will support and train the Consultants that I sponsor.
e. I will comply with the federal, state, county and municipal laws, ordinances, rules and regulations, and shall make all reports or and remit all withholdings or deductions as may be required by any federal, state county or municipal law, ordinance, rule or regulation.
f. I will perform my obligations as a Consultant with honesty and integrity.
2. I agree that as an Independent RACCO Consultant I am an independent contractor, and not an employee, agent, partner, legal representative, and franchisee of RACCO. I shall 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 RACCO COSMETICS FOR FEDERAL OR STATE TAX PURPOSES.
3. I have carefully read and agree to comply with RACCO Policies and Regulations, and the DSA Code of Ethics, and RACCO’s Privacy Policy, all of which are incorporated into and made part of these Terms and Conditions (collectively referred to as the “Agreement”). I understand that I must be in good standing of the terms of the Agreement, to be eligible to receive remuneration from RACCO. RACCO may amend the Agreement as its sole discretion. Amendments shall be effective 30 days after notice of the amendment is published in commercially reasonable fashion, which includes, but is not limited to, posting online at www.racco.com, if I do not agree to the amendment, I shall cancel my RACCO Independent Consultant Agreement in writing no later than the effective date of the amendment.
4. The terms of this agreement is one year. If I fail to annually renew my RACCO business, or of it is canceled or terminated for any reason, I will permanently lose all rights as a Consultant. I shall not be eligible to sell RACCO products and services nor shall I be eligible to receive remuneration resulting from the activities of myself or my former downlines organization. RACCO reserves the right to terminate all Consultant Agreement upon 30 days notice if the Company elects to cease business operations or dissolve as a business entity.
5. I may not assign any rights or delegate my duties under this Agreement without the prior written consent of RACCO renders this Agreement voidable at the option of RACCO and may result in termination of my business.
6. I will not use RACCO’s trade name and/or trademark except in the advertising provided to me by RACCO or in other advertising without prior written approval by the company.
7. I understand that if I fail to comply with the terms of this Agreement, RACCO may, at its discretion impose upon me disciplinary sanctions as set forth in the Policy and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sale for such bonuses or commissions have been completed.
8. RACCO, its directors, officers, shareholders, employees, assigns, and agents (collectively referred as “affiliates”), shall not liable for, and I waive all claims to, consequential and exemplary damages against RACCO and its affiliates. I further agree to release RACCO and its affiliates from all liability arising from or relating to the promotion or operation of my RACCO business and any activity related to it (e.g., the presentation of RACCO products or Success Manual and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and I agree to indemnify RACCO and its affiliates for any liability, damages, fines, penalties, or other awards arising from an unauthorized conduct that I undertake in operation my business.
9. This Agreement, in its current form and as amended by RACCO at its discretion, constitutes the entire contract between RACCO and myself. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect.
10. Any waiver by RACCO of any breach of this Agreement must be in writing and signed by an authorized officer of RACCO. Waiver by RACCO of any breach of this Agreement by me shall not operate or be constructed as a waiver of any subsequent breach.
11. If any 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 California without regard to principles of conflict of laws. All disputes and claims relating to or arising from the Agreement, the rights and obligations of an Independent Consultant, or any other claims or causes of action relating to the performance of either an Independent Consultant or RACCO under the Agreement shall be settled as specified in the Policies and Procedures.
13. The parties consent to jurisdiction and venue before any federal or state court in San Diego County, State of California, for purposes of enforcing an award by an arbitrator, for equitable relief, or any other matter not subject to arbitration as specified in the Policies and Procedures.
14. If a Consultant wishes to bring an arbitration action against RACCO for any act or omission relating to or arising from this Agreement, such action must be brought within one year from the date of the alleged conduct giving rise o the cause of action. Failure to bring such action within such time shall bar all claims against RACCO for such act or omission. Consultant waives all claims that any other statute of limitations applies.
15. I authorize RACCO to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
16. A faxed copy of this agreement shall be treated as an original in all aspects.
