This Brand Affiliate Sponsor Agreement is between Lamicare Health and me.
A. Right to Market Products and Sponsor in my Resident Country
Subject to the terms and conditions of the Brand Affiliate Agreement, Lamicare Health hereby appoints me as Brand Affiliate. As Brand Affiliate, I have the right to promote the products in my resident country, primarily online.
B. Independent Contractor
I acknowledge and agree that as a Brand Affiliate, I am an independent contractor and not an employee of Lamicare Health. As an independent contractor, I will:
• be self-employed, and determine in my sole discretion, when I work and the number of hours I work;
• be paid bonuses based on purchases and sales and not the number of hours that I work;
• be subject to entrepreneurial risk and responsible for all losses that I incur as a Brand Affiliate;
• be responsible for all costs of my business
• not be treated as an employee for tax purposes; and
I am not an employee, commercial agent, business finder or legal representative of Lamicare, and accept as permitted by the Contract, I am not authorized to act on behalf of Lamicare Health. Nothing in the Contract is intended or will be deemed to constitute a partnership, agency, employer-employee, or a joint venture relationship between Lamicare Health and me.
C. Commission
(a) I will be paid a commission based on the sales of products as stated in the policies and procedures.
D. Representations and Warranties
I represent and warrant that I am authorized to enter into this Brand Affiliate Agreement and, that I have met all legal requirements to enter a valid contract.
I also represent and warrant that the information that I provided in the Brand Affiliate Agreement is accurate and have not provided any false or misleading information.
E. Acceptance of Contract
The effective date of the Brand Affiliate Agreement will be the date it is accepted by Lamicare Health, which will be the date that I execute the Brand Affiliate Agreement electronically via the company’s Internet sign-up procedure and it is received and accepted by Lamicare Health.
F. Indemnity and Limitation of Liability
(a) Indemnity
I will indemnify and hold Lamicare Health, and each of their shareholders, officers, directors and employees harmless from and against any claim, demand, liability, loss, action, causes of action, costs, or expenses, including, attorney’s fees, resulting or arising from, directly or indirectly, any acts or omissions by me in conducting my independent Brand Affiliate business, including without limitation, breach of representations and warranties, material breach of the Brand Affiliate Agreement and other agreements between the parties, or any other claims or causes of action.
G. Services Provided in Resident Country
Under this contract, Lamicare Health will offer to me, as an independent contractor, products to offer for sale in my resident country. I agree that I may only sell these products in my resident country, subject to, and with the exceptions provided in the policies and procedures.
Additionally, Lamicare Health will provide me with the following services in my resident country: (i) accept orders for and distribute products to customers in the resident country, (ii) handle all returns of products purchased in the resident country and make appropriate refunds, (iii) provide support services to Brand Affiliates, and take any necessary actions pursuant to the policies of Health & Wellness Online.
H. Marketing of Products; Pricing
I agree that: (a) there are no minimum purchases or inventory requirements; (b) I will promote the sale of products in my resident country in accordance with the terms and conditions of the contract; and (c) I will not make any claims about the products and the Affiliate Program unless they are contained in official company literature or on company labels of products in my resident country.