Terms and Conditions

I hereby make application to become an Independent Member of For*mor International, which is a division of Advanced Products, Inc., and I agree as follows:
  1. I am of legal age in the state of my residency. Upon acceptance of this Application by For*mor, I am eligible to participate in the marketing, selling and distribution of For*mor's goods and services. I may receive commissions on overrides on sales according to the Terms and Conditions and the Compensation Plan of For*mor. This agreement shall be deemed accepted by For*mor upon the shipment of the first order placed by the Member.
  2. Upon approval and acceptance of this Application by the Company, I will become an Independent Contractor, solely responsible for my own business and not an employee, franchisee, nor agent of For*mor. As an Independent Contractor, I agree I will not be regarded as an employee for the purpose of the Federal Insurance Contributions Act, Federal Unemployment Tax, the Social Security Act, income tax withholding, federal or state income taxes, or any other laws covering employees. I agree it is my responsibility to pay any self employment tax and all local, state and federal taxes or licence fees, including sales taxes, as required by law. For*mor will provide Members with a 109 form for tax purposes as required by the IRS.
  3. I acknowledge that I have read the Terms and Conditions and the Compensation Plan of For*mor and understand that they may be amended and updated by For*mor from time to time at its sole discretion. I agree to abide by the Terms and Conditions and policies and procedures and to use my best efforts in the retail sales for For*mor products. Any oral representation made by anyone to induce any person to become a Wholesale Club Member, which is contrary to policy is expressly disavowed by For*mor and not to be relied upon by any Member. Any violation of the terms and conditions of this Agreement as amended or revised from time to time, shall be deemed to be a default under this Agreement and cause for termination.
  4. There are no exclusive territories within the United States of America and its protectorates, Guam, Peurto Rico, etc. Federal, state and municipal regulatory agencies do not approve nor endorse direct selling programs. Members may not represent that any part of For*mor's program has been approved or endorsed by any government agency.
  5. For*mor's program is based upon retail sales to the ultimate consumer. For*mor recognizes that Members may purchase products for personal consumption and recognizes such sales as retail sales for end-user consumption. Members are prohibited from purchasing products in unreasonable amounts solely for the purpose of qualifying for bonuses. The Compensation Plan is based upon retail sales. It is not the intention of For*mor that products are stockpiled. With each order placed, a Distributor certifies that he/she has sold or used for personal consumption at least seventy percent of previous orders. Distributors are not required to carry a specific inventory. It is up to their discretion to stock enough product to service their business needs based upon actual and projected retail sales. All forms of front-end loading or stockpiling products are discouraged. I understand that For*mor may verify retail sales through any methods it deems appropriate. Members must keep and retain complete receipts of retail sales and provide them to For*mor upon request.
  6. For*mor has a 100% money-back guarantee policy for all retail customers. The Member agrees to refund the product purchase price to an unsatisfied customer. For*mor will promptly replace any product to the Member upon receipt of returned product including said customer's name, address and telephone number.
  7. I understand that For*mor products are not represented as having any medicinal value and I am not authorized to make any diagnosis of any medical condition, make drug-type claims for or prescribe For*mor products to treat or cure any disease or condition of a person.
  8. I agree to indemnify and hold harmless For*mor (and its officers, executive distributors, employees and agents) against any claims, liabilities, obligations, expenses (including attorney's fees) or damages arising out of any representation made by me in connection with any For*mor products.
  9. For*mor may terminate a Member at any time if the Member breaches this Agreement or engages in any conduct that may bring disrepute upon For*mor or which is in violation of any law or government regulation or ordinance.
  10. This Agreement may be cancelled by me at any time by notification in writing to For*mor. When in resalable condition, products and/or marketing materials may be returned to For*mor for a refund, within 30 days of purchase. Items must be returned at the expense of the Member. There will be a 10% restocking charge and shipping charges are not refunded. The 30-day period is extended to those states where a longer period is required.
  11. I will not make any false or misleading statements or income projections to prospective or existing Members about For*mor or its Compensation Plan. Network marketing distributors occasionally represent hypothetical future income as actual income projections based upon the inherent power of network marketing. This is prohibited.
  12. For*mor agrees to make available to Members such quality products and ship all qualified orders as directed by the Member. Appropriate shipping costs will be applied as per For*mor policies and procedures. As a qualified Member, I may purchase products at the current wholesale prices.
  13. For*mor agrees to make available to members, sales and marketing materials at reasonable prices. I agree not to repackage or relabel For*mor products nor to sell said products under any other name or label. I will not make any unauthorized use of trade names or trademarks owned by For*mor. I will not make any guarantees, claims or representations in promoting For*mor's products other than those contained in approved For*mor literature. I understand and agree that I will nor create, produce or distribute my own marketing literature or materials without For*mor's written approval.
  14. I understand that there is no minimum purchase requirement to maintain my distributorship. However, I must have personal purchases of a minimum of three bottles of product per month in order to receive downline checks for the month for which the commissions are being paid. Orders for any calender month must be received for by For*mor at its order department by the last day of the month to qualify. All applications and order forms must be filled out properly. For*mor is not responsible for loss of commission payments or delays in Member enrollment, or processing of orders due to errors by Member in preparing or sending orders or applications.
  15. If for any reason I elect not to purchase a minimum order of product for resale or personal use in any calender month, I forfeit my downline bonus for that month. If I elect to purchase a minimum order for three consecutive, I will be placed on inactive status. I also understand I can become active again by placing an order. However, if I had Members in my downline when I became inactive, they would not come back into my downline, but would have permanently rolled-up to the next upline active Member.
  16. I understand that a fee of five dollars plus two cents for each Member in my downline (with a maximum of $25.00), will be deducted from my monthly bonus check to cover the cost of providing me with a group downline report.
  17. Spouses and children of the legal age may have individual Memberships as follows: 1) All family members must be sponsored on the first level of the original family member, thus no stacking is allowed: 2) In order to maintain the integrity of upline commissions, subsequent family members are only allowed to sponsor at a rate equal to that of the originally sponsored family member.
  18. An imdividual, corporation or partnership may not have or be part of any other For*mor membership, with the exception to the following single position: A member may enroll a second position using his/her original Membership name and tax identification number and sponsor it on the first level of the original position. This is allowed primarily fot the purpose of enhancing the retail profit margins on product sales. Members cannot sponsor people under the second position.
  19. Changing sponsors is not allowed except in the rare event of Members using unethical means and methods, or when the six immediate upline Members' notarized signatures (when ther are six and all of them with less than six) are obtained approving the move. A Member is entitled to cancel this Agreement at any time upon written notification of the election to cancel to the Company's official address. Any Member who terminates the Membership Agreement shall not be eligible to become a Member again for a period of three months.
  20. Any Member who sponsors other Members into the Compensation Plan must fulfill the obligation of performing bonafide supervisory, training and selling functions in the marketing of For*mor's products and program benefits. Any Member who sponsors other members is expected to supervise, train and maintain ongoing contact and communication with his/her sales organization. Examples of supervision may include, but not limited to: telephone contact, written correspondance, personal meetings, voice mail, electronic mail, newsletters, training meetings and sharing geneology information with those sponsored.
  21. I understand that my Membership can be inherited or bequeathed, but cannot be transferred or assigned during my lifetime without For*mor's consent, which consent will not be reasonably withheld.
  22. This agreement shall be governed by and construed in accordance with the laws of the State of Arkansas applicable there to. Any litigation or arbitration arising under the Agreement shall have Faulkner County, Arkansas as its place of venue. each party shall be responsible for its own attorney's fees and court costs.
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