EXHIBIT 10.14
[EYI LOGO]
ESSENTIALLY YOURS INDUSTRIES INC.
PMB 230, 250 H Street, Blaine, WA 98230-4033
TELEPHONE: 604-596-9766 FACSIMILE: 604-596-9455
TOLL-FREE LIVE OPERATOR: 1-877-EYI-CORP (1-877-394-2677)
WEB SITE:WWW.EYICOM.COM
[DSA LOGO]
INDEPENDENT
BUSINESS ASSOCIATE
APPLICATION AND
AGREEMENT (USA)
IBA INFORMATION SSN, Federal ID or Company I.D. #
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Name (last, First) or Business Name
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Co-applicant name (last, first) if applicable
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Shipping Address
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City State Zip Code
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Telephone # Fax # E-mail
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SPONSORING IBA INFORMATION
Name (last, First) or Business Name
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Sponsoring Associate SSN, Federal ID # or Company ID # Apply to Business Center #
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PLACEMENT INFORMATION
Place under: Name (last, First) or Business Name
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Place under: SSN, Federal ID or Company ID # Retail Business Center #
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TYPE OF BUSINESS [ ] Wholesale Buyer [ ] Single [ ] Trio [ ] 5 by 3
I hereby apply to become an Independent Business Associate (IBA) for Essentially
Yours Industries Inc (EYI). I HAVE READ AND UNDERSTAND AND AGREE TO ABIDE BY THE
PROVISIONS WHICH ARE PRINTED ON THE BACK OF THIS AGREEMENT. I WILL NOT MAKE ANY
CLAIMS, WHATSOEVER, OF THERAPEUTIC, MEDICAL OR CURATIVE VALUE OF ANY KIND
RELATING TO ANY EYI PRODUCTS. INITIAL HERE______. I UNDERSTAND THAT I HAVE THE
RIGHT TO CANCEL THIS AGREEMENT AT ANYTIME, REGARDLESS OF REASON. Cancellation
must be received in writing at the Company's mailing address: PMB 230, 250 H
Street, Blaine, WA 98230-4033.
ANNUAL ADMINISTRATION FEE: $40
PLEASE SUBMIT PAYMENT
AT TIME OF APPLICATION
ALL FUNDS IN U.S. DOLLARS
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Independent Associate Signature Date Company Use Only (Accepted By) Date
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1st Copy with original signature - COMPANY 2nd Copy - ASSOCIATE 3rd Copy - SPONSOR
TERMS & CONDITIONS
Essentially Yours Industries Inc. referred to as "EYI" is desirous of
accepting applications for new Independent Business Associates to market
products to retail customers WHEREAS: The applicant herein is desirous
of becoming an Independent Business Associate herein referred to as
"IBA" to sell products and/or services and earn compensation THEREFORE:
the parties enter the following agreements herein and agree to the
Policies and Procedures of the Company.
1. The IBA is of legal age in the jurisdiction in which he/she resides.
2. There is no purchase necessary to become an Independent Business Associate
with EYI.
3. IBA is not an employee, agent, joint venture or partner and may not create
or incur liability and/or obligations of any kind in the name of EYI. This
application does not constitute the sale of a franchise or a distributorship,
there are no exclusive territories granted to anyone, no franchise fees have
been paid, nor is the IBA acquiring any interest in a security by the acceptance
of the Agreement.
4. IBA understands that he/she is not guaranteed any income, nor assured of
any profits or success.
5. IBA understands that he/she is not required to make any purchases or to
maintain an inventory in order to become an IBA.
6. This Application and Agreement signed by the Applicant is effective on the
date received and accepted by the Company. This agreement shall be binding upon
the successors or assignees of both parties and includes provisions contained in
the Policies and Procedures, Rules and Regulations and Binary Compensation Plan
which are inIncorated in the Agreement.
7. IBA agrees to familiarize him/herself with EYI products, product
description, Rules and Regulations, Policies and Procedures, and the Binary
Compensation Plan.
8. The EYI program is built on retail sales to the ultimate consumer. IBA will
promote retail sales of product on an ongoing basis. IBA may wish to purchase
product for his/her own personal or family use. Under the EYI program
commissions are not paid on an IBA's personal purchase of products. IBA
understands that he/she may be required upon Company request to show proof of
retail sales activities.
9. All purchase orders and/or Associate Applications are placed directly with
EYI Incorate office or its authorized fulfillment centers. IBA earns
compensation calculated from wholesale purchase orders placed in his/her name.
Compensation is in U.S. funds mailed directly to IBA's registered address. To
receive bonuses and commissions IBA understands he/she must meet the
qualifications of the Binary Compensation Plan.
10. IBA hereby agrees to represent the Company's Compensation Plan fairly and
completely, emphasizing that retail sales are a requirement, that no recruitment
fee can be derived from the mere act of sponsoring other associates and that no
earnings are guaranteed from the mere participation in the Compensation Plan.
IBA agrees not to make any representations about the actual potential or
expected earnings of any IBA of the Company.
11. IBA acknowledges that neither the Company nor sponsor has made any claims
of guaranteed profits or representation of anticipated profits that might result
from IBA's efforts as an Independent Business Associate. IBA understands that
success comes from retail sales, services and the development of an associate
network. IBA understands and agrees not to make statements, disclosures or
representations in selling the Company's products and services or the potential
earnings of others or in the recruitment of perspective distributors other than
those contained in approved company literature.
12. IBA is wholly responsible for Self Employment Tax, Unemployment Insurance
and Provincial/State or Municipal licensing where applicable. The IBA holds EYI
harmless regarding any liability in failure to comply
13. IBA will use only Company printed or approved materials when representing
EYI products. IBA will make no claims or warrants that are not contained in
Company printed or approved materials and further agrees to adhere to the
principle of honest business ethics protecting EYI trade names, trademarks and
the good will attached to EYI.
14. In the event IBA sponsors other associates, IBA agrees to perform a bona
fide supervisory, distributive and selling function in connection with the sale
of the Company's products and services to the ultimate consumer. IBA also agrees
to train his/her personally sponsored IBA's in the performance of these
functions. IBA is to have continued monthly communication and supervision with
his/her sales organization via any one of the following; personal contact,
telephone, newsletters, fax, e-mail and/or distributor company functions.
15. IBA hereby agrees not to reprint or re-label the Company's Product or
literature under any other name or label. IBA further agrees to refrain from
producing, selling, and using for purpose of advertising, promoting or
describing Company's products, Binary Plan, or any other programs, all written
recorded or other materials which have not been approved or provided by the
Company.
16. IBA understands and agrees that because of the personal nature of this
Agreement it may not be transferred or otherwise assigned without the prior
written consent of the Company. EYI's consent will not be unreasonably withheld.
17. IBA understands and agrees the IBA is not allowed under any circumstances
to sell, advertise or promote at a company function any products, services or
varied business opportunities not directly associated with EYI. IBA agrees not
to use EYI contacts to promote the sale of other product or services.
18. IBA understands and agrees that the Company may modify the Rules and
Regulations, Policies and Procedures, Compensation Plan, Company literature and
product prices when it is deemed necessary.
19. In the event an IBA or his/her legal counsel has questions concerning the
legal registration requirements of EYI, he/she must contact the Company in
writing. IBA understands and agrees that no attorney general or provincial/state
regulatory authority ever reviews, endorses, or approves any company program,
Compensation Plan, or product and IBA will make no such claims to other persons.
20. The parties agree that any claims, disputes or other differences between
them shall be exclusively resolved by binding arbitration, pursuant to the laws
of British Columbia, Canada. Any and all costs including lawyer's fees incurred
by the Company as a result of a breach of the Agreement by the applicant shall
be borne by the applicant. The parties further agree that this
Application/Agreement and binding arbitration disputes together with the filing
of any counter action will be filed in the jurisdiction and venue of the Supreme
Courts of British Columbia, sitting in Vancouver, B.C.
21. If any provisions of the Agreement of Application thereof to any person or
circumstances is held to be invalid, the invalidity shall not affect other
provisions or applications of the Agreement which can be given effect without
the invalid provisions or application of the remaining provisions of this
Agreement are declared to be servable.
22. The Company reserves the right to limit, restrict or suspend for a time all
new applications if the growth is too rapid to properly service existing IBAs.
23. The figures used in presenting the Binary Compensation Plan are for
demonstration and illustration purposes only and are used to explain this
marketing strategy. Advancement in any Program is dependent upon the development
of retail sales, dedication and commitment by an IBA to develop his/her
Business.
24. IBA will not make any claims whatsoever, of Therapeutic, Medical or
Curative value of any kind relating to any of the EYI products.
IBA understands and agrees that a violation of any of the terms of this
Agreement , including EYI Policies and Procedures, may result in his/her
termination as an EYI IBA
A participant in this marketing plan has a right to cancel at any time
regardless of reason. Cancellations must be submitted in writing to the
company at its principle place of business. All unopened products and
materials can be returned for full refund less 10% plus shipping and
handling charges. Once a package is opened there is no refund or return.
Revised June 27, 2002