THE INDEPENDENT BARE ENGLISH AFFILIATE AGREES:
1. To promote and sell Bare English & Co., the “Company”, products to retail sales or service establishments, the “Consumer”.
2. To provide each Consumer with a print-out or email of the Bare English & Co. Wholesale Information Card.
3. To maintain the highest standards of integrity, honesty and responsibility in dealings with the Company, Consumer and other Bare English Affiliates. To present Bare English & Co. products in a truthful and sincere manner and hold Bare English harmless from damages resulting from misrepresentations by me.
4. To protect the Bare English & Co. trademarks and trade name by obtaining the Company’s written permission prior to my use in any advertising (including but not limited to the Internet) or literature other than Company-published material.
5. As an independent contractor, to assume sole liability for all self-employment, income taxes, and other reports required by my activities as an independent Bare English Affiliate and to abide by all federal, provincial, municipal and local laws governing my Bare English & Co. business.
6. To purchase all Bare English & Co. products only from the Company. All orders submitted to the Company shall be placed by the Consumer directly through the Company website www.BareEnglish.com. I understand that all orders are subject to acceptance by the Company and the terms of this Agreement.
7. I am not a joint venturer with, or franchisee, partner, agent or employee of Company. I have no power or authority to incur any debt, obligation or liability on behalf of the Company. I understand that all Independent Bare English Affiliates, are independent contractors and are subject to this provision.
8. I am not the Consumer of Bare English & Co. products nor am I a wholesaler or distributor of Bare English & Co. products. The resale of Bare English & Co. products by the Independent Bare English Affiliate is strictly prohibited unless the Company’s written permission is obtained prior to resale.
9. As an Independent Bare English Affiliate, I am not obligated to purchase Bare English & Co. product for any purpose including but not limited to promotion or sampling. I understand and warrant that, as an Independent Bare English Affiliate, it is my choice to purchase product from Bare English & Co. The Company is not responsible for reimbursement of any costs incurred by Independent Bare English Affiliate.
10. That no representations regarding my potential earnings as an Independent Bare English Affiliate have been made to me. I acknowledge that my earnings as an Independent Bare English Affiliate will depend entirely upon my individual efforts.
11. Company reserves the right to assure continued service to my customers if I cease to be an Independent Bare English Affiliate.
12. Independent Bare English Affiliate agrees that the Company shall process Independent Bare English Affiliate’s personal data contained in this Agreement and/or submitted to the Company by Independent Bare English Affiliate in connection with performance under this Agreement. The Company is allowed to process the Independent Bare English Affiliate’s personal data for the purposes related to the performance of this Agreement both by Independent Bare English Affiliate as well as by the Company. Independent Bare English Affiliate’s consent covers any operations with his/her personal data including data transmissions abroad.
This consent shall be valid for the whole term of this Agreement and may be withdrawn by Independent Bare English Affiliate. The Company shall process Independent Bare English Affiliate’s data also after the expiry of this Agreement to conclude the object of this Agreement and if requested so by law.
13. Independent Bare English Affiliate has the right to access his/her personal data processed by the Company as well as other rights set forth in Personal Information Protection and Electronic Documents Act (Canada), as amended, or any other applicable laws.
14. To comply with any changes to the General Terms and Conditions of the Independent Bare English Affiliate Agreement that may be made by the Company.
15. Independent Bare English Affiliate understands and agrees that they are responsible for maintaining a relationship with Consumers who use the Unique Sales Code assigned to Independent Bare English Affiliate. In the event the Consumer misplaces the Code or contacts the Company directly for a new code, the Independent Bare English Affiliate will not be entitled to any future commission payments.
Bare English & Co. Incorporated (“COMPANY”) AGREES:
1. To pay Independent Bare English Affiliate a commission of $10.00 Canadian Dollars per “Tea Box” sold. To qualify for a Commission payment the Unique Sales Code assigned to the Independent Bare English Affiliate must be applied at the time the order is placed. Commissions will be paid on a monthly basis. Commissions earned in a given month will be paid on the first day of the following month. For example, if Independent Bare English Affiliate sold fifty (50) “Tea Boxes” during the month of November then the Independent Bare English Affiliate would earn a commission of $500.00 Canadian Dollars to be paid on December First (1st). Commission payments will be transferred via PayPal from the Company to Independent Bare English Affiliate. The payment will be transferred as "payment for services" to the PayPal email provided on the Bare English Affiliate Program Enrolment Form. Independent Bare English Affiliate is responsible for any PayPal fees associated with the transfer.
2. Company may change suggested retail prices, discounts, commissions, transportation charges, rules, regulations, terms and conditions at any time. Company will give Independent Bare English Affiliate at least ten (10) days prior written notice of: a) any changes to rules and regulations; b) increases in suggested retail prices and transportation charges; and c) changes in discount and commission schedules. Written notice may be given by posting notice on this page of the Company Web site. Independent Bare English Affiliate should periodically refer back to this page to ensure they are up to date on current terms and conditions.
3. No geographical territories or limits concerning sales or recruiting within Canada are imposed on Independent Bare English Affiliate.
4. Upon acceptance to the Bare English Affiliate Program, the Company will mail the Independent Bare English Affiliate twenty (20) Wholesale Info Cards stamped with their Unique Sales Code. The Independent Bare English Affiliate can request additional Wholesale Info Cards by emailing affiliateprogram@BareEnglish.com. The Company reserves the right, at its sole discretion, control and limit the allocation of Wholesale Info Cards and other marketing materials.
5. The Company reserves the right, at its sole discretion, to cancel or discontinue the affiliate program at any time for any reason by providing the Independent Bare English Affiliate with thirty (30) days written notice. In the event the program is canceled the Independent Bare English Affiliate will continue to receive commission payments for one calendar year from the date of cancellation.
INDEPENDENT BARE ENGLISH AFFILIATE AGREES THAT ANY BREACH OF THE TERMS AND CONDITIONS HEREIN WILL RESULT IN IMMEDIATE TERMINATION OF THIS AGREEMENT AND FORFEITURE OF ALL FUTURE COMMISSION PAYMENTS.
This Agreement is subject to acceptance by Company at its corporate headquarters in Toronto, Ontario, through issuance of a Notice of Acceptance. This Agreement shall be governed by the laws of the Province of Ontario as to all matters. The parties further agree that if any dispute or controversy arises between them concerning any matter relating to this Agreement that any issues which either party may elect to submit for legal jurisdiction shall be submitted to the jurisdiction of the courts of the Province of Ontario and the parties agree that the proper venue shall be Toronto, Ontario.
This Agreement is not subject to alteration, modification or change, except in writing, signed by an authorized executive of the Company and shall not be deemed to be changed, modified or altered by reason of any advice, suggestions, guides or sales aids furnished by the Company to the Independent Bare English Affiliate. This Agreement shall be effective from the date of acceptance until December 31 of the same calendar year. This agreement shall thereafter not be automatically renewed. To renew this agreement, the Independent Bare English Affiliate must re-activate their Unique Sales Code by submitting the enrolment form within thirty (30) calendar days of January 1 each year. If the Independent Bare English Affiliate does not re-activate their Unique Sales Code within the allotted time, the code will expire and the Independent Bare English Affiliate will not be entitled to any future commission payments. The Agreement may be terminated by either party effective immediately for any breach of its provisions or by either party at any time during the initial term or any renewal term by not less than thirty (30) days written notice.
This is the sole and only Agreement between the parties relating to the subject matter hereof, and both parties acknowledge that the Independent Bare English Affiliate is not an employee of Company and will not be treated as an employee with respect to this Agreement for federal, provincial, municipal or local tax purposes, or otherwise.