Distributor Terms and Conditions
Hotels Etc. Distributor Agreement
THIS AGREEMENT is made and entered into between Hotels Etc., A Georgia company, herein called the Company, and the applicant, herein called the DISTRIBUTOR. It is mutually agreed and understood that:
- The Distributor is a wholly independent marketing representative who sells Company products.
- The position of Distributor constitutes neither a franchise nor a distributorship and absolutely no fees have been or will be required except as stated in this Agreement for your initial distributor kit.
- This Agreement is not intended and shall not be construed to create a relationship of employer-employee, agency, partnership, or joint venture between the Distributor and the Company.
2. LAWS - As a wholly Independent Contractor, the Distributor shall:
- Abide by any and all Federal, State, County and local laws, rules and regulations pertaining to the selling, distributing or advertising of Company products.
- At Distributor's own expense, make, execute or file all such reports and obtain such licenses as required by law or public authority with respect to the receipt, or sales of Company products.
- Be solely responsible for declaration and payment of all local, state and federal taxes as may accrue because of Distributor's earnings.
3. ADVERTISING - Literature
- The Distributor is solely responsible for any advertising, sales promotion or other operating costs incurred by Distributor on behalf of Distributor's marketing effort.
- All forms of advertising and printed material using company trademarks, logos or ANY printed copy (including original) must be submitted to the Company in writing and be approved by the Company in writing PRIOR to use.
- Distributors order and purchase products directly from the Company, at pricing contained in the Company's On-line Shopping Cart and Price List.
- Payment for all orders placed with the Company may be made with approved credit card, check or money order.
- A retail account is defined as any person or company who purchases product for his or her own use.
- In the event of death of circumstances, which prevent servicing of accounts, the sales organization will become the responsibility of property of their Personal Representative.
6. TERM - This agreement shall remain in force and effect until terminated for any of the following reasons:
- Distributor may terminate this Agreement at any time upon written notice to the Company.
The Company may terminate This Agreement:
- If Distributor represents the Company or its products, or operates Distributor's business in any manner, which might adversely affect the public image of the Company, its products or trademarks.
- For any misrepresentation, failure to comply with the conditions of this Agreement or the Company's Policies and Procedures, fraudulent act or other unethical practice by the Distributor, as may be determined by the Company.
- In order to remain on the active list and be entitled to benefits from the Company the distributor must maintain a minimum order of 100 memberships per year.
7. REFUNDS - In the event of excess inventory, Hotels Etc. will attempt to help you sell your memberships. Hotels Etc. does not offer refunds on distributor kits. The cost and expense of setting you up in business and creating your website and virtual assistant does not allow Hotels Etc. to generate a profit on your first purchase. Customer satisfaction is guaranteed. Please find a complete list of what is included in every kit in the business opportunity section at www.hotelsetc.com
8. COMPANY RESPONSIBILITIES - In consideration of the Distributor's agreement to abide by all rules and regulations established by the Company as set forth above, all amendments made necessary to protect the mutual interests of the Company and Distributors, and all written rules and procedures contained in other Company publications, i.e. bulletins, compensation plan, policies, and procedures, and sales manuals, the Company agrees:
- To supply Company products to the Distributor in accordance with and via the Company Marketing Plan.
- To allow the Distributor to use the official Company emblem and Company supplied ad copy in compliance with 3.b. above.
- To use diligence in supplying the highest quality products available to the Company for distribution to Distributor.
9. Website and Virtual Assistant - Parts of a distributor kit include a custom order taken website and a toll free extension virtual assistant. All distributor packages come with a 3 month Free subscription. This includes activating your extension and hosting your site. Your Hotels Etc. business website will be created off of the .us extension unless you have an exclusive agreement with Hotels Etc. Website is set up to accept pay pal as payment processor. You are responsible for creating your own personal pay pal account. If you do not want to use Pay Pal, you can find your own processor and we will install it on your site. Please refer to site changes in the distributor section.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A "GET RICH SCHEME."
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OURS IDEAS AND TECHNIQUES IN OUR MATERIAL.