1. I understand that as an Independent Consultant ("Consultant")
for Reveal Products Marketing, Inc., dba "Reveal Products®"
(hereinafter "Reveal Products"):
a) I have the right to sell and
solicit orders for Reveal Products (products and services) in accordance with
these Terms & Conditions. I understand that it is within the exclusive
right of Reveal Products to accept or reject such orders.
b) I have the right to enroll persons
as Consultants of Reveal Products.
c) If qualified, I have the right to
earn commissions pursuant to the Reveal Products Compensation Plan.
2. I agree that as a Reveal Products Consultant I am an
independent contractor, and not an employee, partner, legal representative, or
franchisee of Reveal Products. I agree that I will be solely responsible for
paying all expenses that I incur, including but not limited to travel, food,
lodging, secretarial, office, long distance telephone and other business
expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF REVEAL
PRODUCTS FOR FEDERAL OR STATE TAX PURPOSES. Reveal Products is not responsible
for withholding, and shall not withhold or deduct from my bonuses and
commissions, if any, FICA, or taxes of any kind. I understand that I am not
entitled to workers compensation or unemployment security benefits of any kind
from Reveal Products. I certify that:
a) The number shown on this form is
my correct SSN or EIN (or I am waiting for a number to be issued to me), and
b) I am not subject to backup
withholding because: (a) I am exempt from backup withholding, or (b) I have not
been notified by the Internal Revenue Service (IRS) that I am subject to backup
withholding as a result of a failure to report all interest or dividends, or
(c) the IRS has notified me that I am no longer subject to backup withholding,
c) I am a U.S. citizen or U.S.
resident with a SSN.
3. I have carefully read and agree to comply with the Reveal
Products Policies & Procedures and the Reveal Products Compensation Plan,
each of which are incorporated into and made a part of these Terms &
Conditions (these three documents shall be collectively referred to as the
"Agreement"). If I have not yet reviewed the Policies &
Procedures at the time I execute this Agreement, I understand that they are available
on the Reveal Products website. I will review the Policies & Procedures
within five days from the date on which I execute this Agreement. If I do not
agree to the Policies & Procedures, my sole recourse is to notify the
company and cancel my Reveal Products Agreement. Failure to cancel constitutes
my acceptance of the Policies & Procedures. I understand that I must be in
good standing, and not in violation of the Agreement, to be eligible for
bonuses or commissions from Reveal Products. I understand that the Agreement
may be amended at the sole discretion of Reveal Products, and I agree to abide
by all such amendments. Notification of amendments shall be delivered via
official Reveal Products communication. The continuation of my Reveal Products
business or my acceptance of bonuses or commissions after the effective date of
amendments shall constitute my acceptance of any and all amendments.
4. The term of this Agreement is one year (subject to prior
cancellation pursuant to the Policies & Procedures). If I do not renew my Reveal
Products business by paying the annual renewal or if it is canceled or
terminated for any reason, I understand that I will permanently lose all rights
as a Consultant. I shall not be eligible to sell Reveal Products products and
services nor shall I be eligible to receive commissions, bonuses, or other
income resulting from my activities or the activities of my former downline
sales organization. In the event of cancellation, termination or
nonrenewal, I waive all rights I have, including but not limited to property
rights, to my former downline organization and to any bonuses, commissions or
other remuneration derived through the sales and other activities of my former
downline organization. Reveal Products reserves the right to terminate
all Consultant Agreements upon thirty (30) days notice if the Company elects
to: (1) cease business operations; (2) dissolve as a business entity; or (3)
terminate distribution of its products and/or services via direct selling
5. I may not assign any rights under the Agreement without the
prior written consent of Reveal Products. Any attempt to transfer or assign the
Agreement without the express written consent of Reveal Products renders the
Agreement voidable at the option of Reveal Products and may result in
termination of my business.
6. Reveal Products, including but not limited to any of its
affiliates and/or subsidiaries, may transfer or assign this Agreement in its
sole discretion. In the case that the Consultant does not accept the transfer
or assignment, it may provide written notice that it wishes to terminate this
Agreement. In the event of such notice being provided, the termination
will become effective immediately. In the event Reveal Products chooses not to
transfer a Consultant Agreement termination will be effective immediately.
7. I understand that if I fail to comply with the terms of the
Agreement, Reveal Products may impose upon me disciplinary sanctions as set
forth in the Policies & Procedures.
8. Reveal Products, its parent and/or affiliated companies,
directors, officers, shareholders, employees, assigns, and agents (collectively
referred to as "affiliates"), shall not be liable for, and I release Reveal
Products and its affiliates from, all claims for consequential and exemplary
damages for any claim or cause of action relating to the Agreement. I further
agree to release Reveal Products and its affiliates from all liability arising
from or relating to my promotion or operation of my Reveal Products business
and any activities related to it (e.g., the presentation of Reveal Products
products or Compensation Plan, the operation of a motor vehicle, the lease of
meeting or training facilities, etc.), and agree to indemnify Reveal Products
for any liability, damages, fines, penalties, or other awards arising from any
unauthorized conduct that I undertake in operating my business.
9. The Agreement, in its current form and as amended by Reveal
Products at its discretion, constitutes the entire contract between Reveal Products
and myself. Any promises, representations, offers, or other communications not
expressly set forth in the Agreement are of no force or effect.
10. Any waiver by either Party of any breach of the Agreement
must be in writing and signed by an authorized agent of the Party against which
the waiver is asserted. Any waiver of a breach by a Party shall be a one-time
waiver only and shall not operate or be construed as a waiver of any subsequent
11. If any provision of the Agreement is held to be invalid or
unenforceable, such provision shall be severed, and the severed provision shall
be reformed only to the extent necessary to make it enforceable. The balance of
the Agreement will remain in full force and effect.
12. If there is any conflict between the Consultant Terms &
Conditions and the Policies & Procedures, the Consultant Terms &
Conditions shall prevail.
13. This Agreement will be governed by and construed in
accordance with the laws of the State of Tennessee without regard to principles
of conflicts of laws. In the event of a dispute between a Consultant and Reveal
Products arising from or relating to the Agreement, or the rights and
obligations of either party, the parties shall attempt in good faith to resolve
the dispute through nonbinding mediation as more fully described in the
Policies & Procedures. Reveal Products shall not be obligated to engage in
mediation as a prerequisite to disciplinary action against a Consultant. If the
parties are unsuccessful in resolving the dispute through mediation, the
dispute and shall be settled totally and finally by confidential arbitration as
more fully described in the Policies & Procedures.
14. Notwithstanding the foregoing, either Party may bring an
action before the courts seeking a restraining order, temporary or permanent
injunction, or other equitable relief to protect its intellectual property
rights, including but not limited to customer and/or Consultant lists as well
as other trade secrets, trademarks, trade names, patents, and copyrights. The
parties may also seek judicial enforcement of an arbitration award. In all
actions before the courts, the parties consent to exclusive jurisdiction and
venue before the U.S. District Court for the Middle District of Florida,
residing in Tampa, Florida or the state courts residing in Manatee County,
State of Florida.
15. Louisiana Residents: Notwithstanding the foregoing,
Louisiana residents may bring an action against the Company with jurisdiction
and venue as provided by Louisiana law.
16. Maryland Residents: Maryland residents may cancel the
contract for any reason within three (3) months after the date of receipt of
goods or services first ordered; upon cancellation, the Company shall
repurchase the goods, as long they are in resalable condition; and the
repurchase price shall be at least 90% of the original price paid by the
17. Montana Residents: A Montana resident may cancel his or her Consultant
Agreement within fifteen (15) days from the date of enrollment, and may return
his or her starter kit and any products, as long as they are in resalable
condition, he/she purchased for a full refund within such time period.
18. Louisiana, Massachusetts and Wyoming Residents: Should you
cancel your Consultant Agreement, Reveal Products will refund 90% of your
purchase price for any renewal fees you have incurred during the current year
upon receipt of your written request.
19. Puerto Rico Residents: Puerto Rico residents may cancel this
Agreement at any time within ninety (90) days from the date of enrollment, or
at any time upon showing the Company’s noncompliance with any of the essential
obligations of the distribution contract or any act or omission by the Company
adversely affecting the interests of the dealer in the development of the
market of the properties or services. Your cancellation must be sent to the
Company in writing and sent via registered mail. If you cancel under these conditions,
the Company shall: (a) Reacquire the total of the products that you purchased
from the Company which are in your possession and in good condition at a price
of not less than ninety percent (90%) of their original net cost; (b) Return to
you not less than ninety percent (90%) of the original net cost of any services
that you acquired from the Company; (c) Return ninety percent (90%) of any sum
paid by you for the purpose of participating in the business.
20. A participant in this multilevel marketing plan has
a right to cancel at any time, regardless of reason. Cancellation must be
submitted in writing to the company at its principal business address or via
submitting a ticket through the Consultant’s back office.
21. If a Consultant wishes to bring an action against Reveal
Products for any act or omission relating to or arising from the Agreement,
such action must be brought within one year from the date of the alleged
conduct giving rise to the cause of action, or the shortest time permissible
under state law. Failure to bring such action within such time shall bar all
claims against Reveal Products for such act or omission. Consultant
waives all claims that any other statute of limitations applies.
22. I grant Reveal Products an irrevocable license to reproduce
and use my name, photograph, video, personal story, testimonial, and/or
likeness in its advertising or promotional materials, including but not limited
to use in online forums, and I waive all claims for remuneration for such use.
I further waive my right to inspect or approve all draft, beta, preliminary,
and finished material.
23. I hereby give my express consent to the Company to send
e-mail messages, text messages, and/or notify me by phone or facsimile
regarding its products, services, compensation, and offer other topics that the
Company determines may be of interest or benefit to me. I agree that my receipt
of such messages will not be deemed a violation of any federal or provincial
legislation or regulations.
24. A faxed copy of the Agreement shall be treated as an
original in all respects.
25. I certify that I am at least 18 years of age.
PRODUCTS MUST BE RETURNED TO:
REVEAL PRODUCTS, LLC.
P.O. Box 100
Cookeville, TN 38503
You, the buyer, may cancel this transaction
at any time prior to midnight of the third business day after the date of
this transaction (5 business days for AK residents, 15 business days for ND
residents age 65 or over).
Customer Support Hours of Operation:
(Hours are based on the Central Standard time zone for Chicago, USA)
Monday - Friday: 8:00 am to 4:30 pm CST