Affiliate Terms and Conditions
INDEPENDENT AFFILIATE AGREEMENT
I hereby apply to become an Independent Affiliate of the ACTIVEITEM, INC. (hereinafter "Company")
As an Independent Affiliate, I understand and agree that:
1. I am of legal age in the state in which I enter this Agreement.
2. I shall become a Company Independent Affiliate upon acceptance of this application by the Company.
As an Independent Affiliate, I shall have the right to sell the products and services offered by the
Company in accordance with the Company's marketing program and statement of policy, which may be
amended and changed from time to time.
3. Upon notification to Independent Affiliates, the Company, at its discretion, may amend the marketing
plan, product pricing, statement of policy, etc.
4. I have carefully reviewed the Company's marketing plan, rules and regulations, and policies and
procedures, and acknowledge that they are incorporated as part of this Agreement in their present form
and as modified from time to time by the Company.
5. The term of the Company Independent Affiliate Agreement is one year. Company Independent
Affiliates, who wish to continue their Independent Affiliate positions, must apply to renew their
Independent Affiliate Agreement annually. The Company reserves the right to accept or reject your
application for renewal and the renewal shall be deemed accepted if it has not been rejected in
writing by the Company within 30 days of receipt of the renewal fee and application. The renewal
fee is for ongoing sales and marketing materials support in both written and electronic and online
media formats, including product and service and training updates, website development, and
maintenance and hosting, and accounting and technical support of management of your marketing
sales activity, and management of both your business and sales force management.
6. An Independent Affiliate shall be entitled to cancel participation in the marketing program at
any time and for any reason upon notice to the Company. Upon notification of cancellation or
termination, the Company will repurchase Independent Affiliate purchased inventory and mandatory
sales kit materials, if any, in accordance with its policies as stated in the Company's marketing program
and statement of policy.
7. Upon acceptance of this application by the Company, I will be an independent contractor responsible
for my own business and not an employee of the Company. I will not be treated as an employee in
regard to any laws covering employees, including but not limited to the Federal Insurance Contributions
Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding at source or
2 | P a g e
for any federal or state tax laws. It is my responsibility to pay self-employment, state and federal
income taxes as required by law.
8. I will not use the Company's trade name and/or trademark except in the advertising provided to me by
the Company or in other advertising without prior written approval by the Company.
9. Any Independent Affiliate, who sponsors other Independent Affiliates, must fulfill the obligation of
performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to
the ultimate consumer and in the training of those sponsored. Independent Affiliate must have
ongoing contact, communication and management supervision with his or her sales organization.
Examples of such supervision may include, but are not limited to: newsletters, written correspondence,
personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying
individuals to Company training and sharing genealogy information with those sponsored.
Independent Affiliates should be able to provide evidence to the Company semiannually of ongoing
fulfillment of sponsor responsibilities. If an Independent Affiliate is an Enroller in the marketing
program entitled to Enroller bonuses, then the Enroller is obligated to the same responsibilities of
supervisory, communication and training activities with respect to Independent Affiliates he or she
has enrolled, irrespective of whether the Enroller is also the Sponsor of those Independent
The company's program is built upon retail sales to the ultimate consumer. The company also
recognizes that Independent Affiliates may wish to purchase product or service in reasonable amounts
for their own personal or family use. For this reason, a retail sale for bonus purposes shall include sales
to non-participants, as well as sales to Independent Affiliates for personal or family use which are not
made for purposes of qualification or advancement. It is company policy, however, to strictly prohibit
the purchase of product or large quantities of inventory in unreasonable amounts solely for the purpose
of qualifying for bonuses or advancement in the marketing program. Independent Affiliates may not
inventory load nor encourage others in the program to load up on inventory. Independent Affiliates
must fulfill published personal and downline retail sales requirements, including requisite retail sales to
non-participants, as well as supervisory responsibilities, to qualify for bonuses, overrides or
10. The Independent Affiliate acknowledges that Independent Affiliate is a wholly independent marketing
representative who establishes and services retail customers for Company products as an independent
contractor. The position of Independent Affiliate does not constitute either a sale of a franchise or a
distributorship, and absolutely no fees have been or will be required from the Independent Affiliate for
the right to distribute the Company's products pursuant to this Agreement. This Agreement is not
intended and shall not be construed to create a relationship of employer-employee, agency, partnership,
or joint venture between any Independent Affiliate, sponsor and/or the Company.
As an independent contractor, the Independent Affiliate shall:
3 | P a g e
a. Abide by any and all federal, state, county and local laws, rules and regulations pertaining to
this Agreement and/or the acquisition, receipt, holding, selling, distributing or advertising
of Company products.
b. At the Independent Affiliate's own expense, make, execute or file all such reports and
obtain such licenses as are required by law or public authority with respect to this
Agreement and/or the receipt, holding, selling, distributing or advertising of Company
c. Be solely responsible for declaration and payment of all local, state and federal taxes as may
accrue because of the Independent Affiliate's activities in connection with this Agreement.
11. Membership fee $250 per year is waived at this time of start-up.
12. Prior written approval from the Company is required for the following:
a. To advertise Company products;
b. For there to be more than one Independent Affiliate in an immediate family in one
c. Issuance of an Independent Affiliate position in a corporate name.
13. The Company may immediately terminate an Independent Affiliate who discredits the Company's
name, violates any requirement contained in this Agreement, Company Policies and Procedures, or
training manuals or misrepresents the Company's products or business opportunity by making claims
contrary to the Company's product literature and labels.
14. This Agreement constitutes the entire agreement between the Independent Affiliate and Company and
no other additional promises, representations, guaranties or agreements of any kind shall be valid unless
15. This Agreement shall be governed by the laws of the state of Florida, and all claims, disputes and other
matters between the parties of this Agreement shall be brought in Palm Beach County Court, in West
Palm Beach, Florida, or in the U.S. District Court for the Southern District of Florida, in West Palm
16. I acknowledge that I have read and understand and agree to the terms set forth in this Agreement.
17. This Agreement is not in force until accepted by the Company.
18. The Company's direct selling opportunity is currently not available in Montana, nor to Montana
residents. The Company will not accept applications from Montana residents.
By creating an account you agree to the Terms and Conditions outlined above.