Terms of Agreement

1. I am of legal age in the state in which I enter into this Agreement with Nature’s Pearl Corporation (hereinafter referred to as Nature’s Pearl Corporation or the Company). By agreeing electronically or in writing, I hereby agree to abide by all of Nature’s Pearl Corporation terms of agreement, policies and procedures, and all Distributor agendas. I understand that electronic applications will be tracked and logged. When my total income exceeds $500.00, I agree to sign a paper "hard copy" Agreement if one is not already on file. I understand that my Application and Agreement must be accepted by the Company at its home office and notice of its acceptance received by me.
2. I understand that sending SPAM, also known as Unsolicited Commercial Email (UCE), is prohibited by Nature’s Pearl Corporation and that the Company has a zero tolerance policy for any use of SPAM, fax broadcasting or automated telemarketing by phone in connection with Nature’s Pearl Corporation business. Failure to comply may result in the termination of my business.
3. As a Distributor I will:
• Provide training and motivation to my Distributors
• Study the product literature and learn to promote retail sales
• Represent Nature’s Pearl Corporation products in an honest and sincere manner
• Honor Nature’s Pearl Corporation Customer Satisfaction Guarantee
• Help other Distributors to be successful
• Be professional, courteous and considerate
• Not misrepresent the Nature’s Pearl Corporation compensation plan
• Become familiar with and abide by Nature’s Pearl Corporation Statement of Policies and other materials as provided by Nature’s Pearl Corporation.
4. I understand that as a Distributor, I have the following rights:
• to sell the products offered by Nature’s Pearl Corporation in agreement with the Compensation Plan and Statement of Policies
• to enroll Distributors in agreement with the Company Compensation Plan and Statement of Policies. I understand that the Compensation Plan and Statement of Policies and Procedures may be changed or amended and that any such changes or amendments also apply to me.
5. I understand that Distributors cannot under any circumstances incur any debt, expense or obligation on behalf of, or for, Nature’s Pearl Corporation.
6. I understand that as a Distributor I will not for any reason act as spokesperson for Nature’s Pearl Corporation or its products in any manner to any media or publication without prior written authorization. I will not create, print, publish or distribute any literature or materials representing the Company or its products other than that which is provided by the Company.
7. I am entitled to cancel this Agreement at any time and for any reason with written notice to the Company. With proper notification of cancellation or termination, Nature’s Pearl Corporation will repurchase sales kits and product purchased, within (7) working days of purchase. Prorated refunds will comply with the Company’s current statement of Policies and Procedures concerning this matter.
8. This Agreement will remain in effect as long as I continue accepting commissions and bonuses or other payments from the Company or until this Agreement is canceled in writing.
9. I warrant that neither my spouse, other household members, nor I have been Nature’s Pearl Corporation Distributors and have owned, had ownership affiliation with, or operated any Nature’s Pearl Corporation business in the past six (6) months in accordance with Company Policies and Procedures.
10. As a Distributor I understand that I am an independent contractor and not an agent, employee or franchisee of Nature’s Pearl Corporation. I understand and agree that I will not be treated as an employee for federal or state tax purposes nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts or State Workers’ Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and local license fees that may become due as a result of my activities under this Agreement.
11. I understand that this Agreement and my acceptance does not constitute the sale of a franchise and that exclusive territories are not granted to anyone. I also understand that no franchise fees have been paid nor can I acquire any interest in a security by the acceptance of this Agreement.
12. I understand that I will make no claims or warranties of any kind including, but not limited to, any claims for earnings or products other than those included in Nature’s Pearl Corporation written literature. I am not permitted to create my own literature, sales aids or training materials without written consent from the Company.
13. If I fail to pay for products, Nature’s Pearl Corporation is authorized to withhold the appropriate amounts from my commission and bonus checks or credit card/electronic checking accounts, if any, which I have authorized the Company to charge. If payment owed is not remitted, I understand that I may, at the Company’s discretion, lose my marketing organization and future commissions and bonuses and may be placed on inactive status by the Company for a reasonable period. The Company will not be responsible for the loss of any commissions and bonuses or other payments because of delays or errors in orders, charges, receiving agreements, or other necessary information.
14. Nature’s Pearl Corporation may, at its discretion, amend the Company Compensation Plan and Statement of Policies and terms of the Distributor Agreement. Notification of such changes shall be published in broadcast, written or published material circulated or made available to all Distributors. I agree to abide by all such amendments. The continuation of my independent business or my acceptance of products, commission and bonus checks or other payments from the Company constitutes my acceptance of any and all amendments.
15. I understand that I am not a Nature’s Pearl Corporation Distributor until the Company has accepted either an original Agreement signed in full at its home office or the electronic form of a signed agreement in accordance with paragraph #1. Distributor’s businesses cannot be sold, assigned or transferred without prior written approval from the Company.
16. I have carefully reviewed the Nature’s Pearl Corporation Compensation Plan and Statement of Policies & Procedures and acknowledge that they are incorporated as a part of this Agreement in their present form and as modified from time to time by the Company. My violation of any of the terms of this Agreement or the Company Statement of Policies & Procedures may result, at the Company’s discretion, in forfeiture or cancellation of this Agreement.
17. This Agreement constitutes the entire agreement between the parties and no other promises, representations, guarantees or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.
18. The term of this Agreement is one year. This Agreement will be automatically renewed annually on each anniversary date of the acceptance of this Agreement unless otherwise canceled by me or by the Company.
19. This Agreement shall be governed by the laws of the State of North Carolina, and any claims or disputes between parties to this agreement shall be subject to binding arbitration in Davie or Forsyth County, State of North Carolina, USA.