New Longaberger Home Consultant Agreement
We are pleased that you have decided to join our team of Independent Home Consultants. There are certain obligations we must each meet in order to maintain a healthy working relationship and to ensure that each party and our customers are being treated fairly and honestly. Please read the following Agreement carefully, as it outlines what is expected of you and of us. Then sign the Agreement where indicated. If you have any questions, please contact your Sponsor or Consultant Support at 740.518.8080 or e-mail at firstname.lastname@example.org.
This Agreement is made between The Longaberger Company (Company), an Ohio corporation with the principal place of business at 701 Chestnut Street, Dresden, OH 43821.
I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. I AM AT LEAST 18 YEARS OF AGE; I AM A CITIZEN OR PERMANENT RESIDENT OF THE UNITED STATES; AND I POSSESS A VALID SOCIAL SECURITY NUMBER.
The Company is engaged in the sale of baskets, woodcrafts, pottery and home and personal accessories (Products) under various trademarks, and the Consultant is an independent contractor who purchases the Products for resale to consumers on a direct sales basis according to the following terms and conditions.
THE CONSULTANT AGREES:
1. To order Products from the Company according to the terms outlined in the WishBook, WishList, longaberger.com, feature flyers and other sales and marketing materials that are in effect at the time the order is placed. The Company may change the prices of the products at any time, as well as change from time to time the WishBook, WishList, longaberger.com, feature flyers and other sales and marketing materials.
2. To sell Products using the party plan system and direct selling channels as well as other Longaberger venues as described in the Company Guidelines section of the Home Consultant Guidelines.
3. That all orders are subject to acceptance by the Company at its place of business, but the Consultant may cancel orders with the Company’s consent subject to terms that reimburse the Company for any loss caused by the cancellation.
4. That the Consultant is an independent contractor and not an employee, agent or franchisee, joint venture, partner or owner of the Company, and that Consultant shall not be treated as an employee, agent or franchisee, joint venture, partner or owner of the Company under the Internal Revenue Code, Social Security Act, Federal Unemployment Act, Federal Insurance Contributions Act (FICA), worker’s compensations, any state unemployment act or any other federal, state or local statute, ordinance, rule or regulation. Consultant shall be fully responsible for all applicable taxes, license requirements, and fees related to Consultant’s business.
5. To purchase a Business Kit that includes sales catalogs and an initial supply of sales and other order forms. No commission on Business Kits is paid to anyone.
6. The Company will use email and phone to communicate with the Consultant to facilitate the ongoing contractual business relationship between the Company and Consultant.
7. That the Company’s trademarks, service marks and copyrighted materials are owned solely by the Company and that use of such marks and materials by the Consultant must be in compliance with the Company’s policies, as such may be amended by the Company from time to time. The Consultant further agrees that the Company has a proprietary interest in its customer lists/Consultant lists and other Confidential Information, as described in the Company Guidelines, and that the Consultant will not use or disclose such Confidential
8. That the Consultant shall not sell the Products outside of the 50 United States and the District of Columbia.
9. That interests of the Consultant in this Agreement cannot be transferred or assigned.
10. That the Consultant has no power or authority to incur any debt, obligation or liability on behalf of the Company.
11. To indemnify and hold the Company, its employees and agents harmless from damages resulting from actions or inactions by the Consultant or the Consultant’s failure to abide by the terms of this Agreement.
12. To read and comply with this Agreement, the Company’s Dreambuilder Career Plan, Home Consultant Guidelines, longaberger.com and their successor documents or websites, the terms and conditions of which are incorporated herein by reference as part of the Agreement, and all of which may be amended or modified from time to time by the Company.
THE COMPANY AGREES:
1. That the Consultant shall not be required to pay any fee or make any purchase to become a Consultant, other than the purchase of the Business Kit.
2. To permit the Consultant to earn commissions on guest sales made by the Consultant and have the eligibility to earn additional commissions at other Longaberger venues as described in the Home Consultant Guidelines.
3. To pay the Consultant a bonus on sales made by Consultants sponsored by the Consultant in accordance with the Career Opportunity.
4. To provide the Consultant access to Products through various Consultant Programs.
5. To buy back the entire Business Kit at 100% of the Consultant’s cost as well as any resalable inventory less any applicable setoffs or monies owed to the Company.
BOTH PARTIES AGREE:
1. That this Agreement constitutes the full agreement between the Consultant and the Company and that no additional promises, representations, guarantees or agreements of any kind are valid unless expressly amended in writing by an authorized representative of the Company.
2. That this Agreement shall be governed by and interpreted according to the laws of the State of Ohio without reference to choice of law rules. Proper jurisdiction and venue for any disputes between the parties shall be in a federal court or state court having jurisdiction in Muskingum County, Ohio. If any provision of this Agreement is unenforceable or invalid, the Agreement shall be ineffective only to the extent of such provision and the validity of the remaining provisions of the Agreement shall not be affected.
3. That with respect to guest sales paid by credit card, the Consultant will earn commissions minus any applicable credit card processing and/or transaction fees charged by the Company.
4. That this Agreement is effective only after an authorized representative of the Company accepts the Agreement.
1. This Agreement shall be in effect for a period of one year from the date of acceptance and may be renewed based on the terms and conditions in the Company's Home Consultant Guidelines.
2. This Agreement may be terminated at any time by either party upon written notice for a breach of any provision of this Agreement by the other party or by 30 days written notice without cause.
1. The Consultant authorizes the Company, on her/his behalf, except as otherwise required by applicable law, to collect and remit to the proper governmental agencies, sales tax calculated on the suggested retail price of product.
2. Where the Consultant is required to remit sales tax directly to the Consultant’s state or local entity, or where the Consultant elects to remit tax directly to his/her own state or local entity, the Consultant shall obtain proper licensure and shall furnish the Company a copy.
The Longaberger Company
701 Chestnut Street
Dresden, OH 43821