1) I am legally competent and eligible to enter into a contract in the Territory of my Distributorship.
2) I will become a BF Suma Independent Distributor upon acceptance of the Terms and Conditions by BF Suma, and I will, at that time, have the right to sell BF Suma’s products in accordance with the BF Suma Sales & Marketing Plan. This Agreement will be deemed accepted by BF Suma when it is date-stamped upon actual receipt of the signed original thereof by an officially authorized employee of BF Suma and sign by the applicant.
3) l have read the Sales & Marketing Plan as well as the Policies and Procedures for the Territory of my Distributorship for BF Suma Distributor. The Sales & Marketing Plan, this Agreement and the Policies and Procedures as amended from time to time (the “Contract) constitute a binding Contract on me and I agree to abide by each of these documents, together with all other terms and conditions as published or amended by BF Suma from time to time in any media which are applicable to me as a Distributor of BF Suma. l also agree that the terms and conditions of the Sales & Marketing Plan and the Policies and Procedures including revisions, supplements and amendments thereto be and are incorporated herein by this reference. If any provision of this Agreement and of the Contract is found to be unenforceable or invalid, the validity of the remaining provisions shall not be affected. I acknowledge that any violation of the terms and conditions of this Agreement, the Sales & Marketing Plan, the Policies and Procedures, or any other agreements or obligations I may have with BF Suma or any of its affiliated entities may result in the termination of my Distributorship or other disciplinary action as deemed appropriate by BF Suma.
4) I understand that no product purchases are necessary to become a BF Suma Independent Distributor other than the purchase of a “BF Suma Distributor Starter Kit”, which does not contain any commissionable product, sold to me at cost.
5) This Agreement shall be valid unless the distributor is an lnactive Distributor* for more than (six) 6 months continuously and is subject to a written reapplication letter for renewal. Inactive Distributor — one who doesn’t make any purchases or have any new sponsorship in his or her network(s) within a period of (six) 6 months continuously.
6) l agree that this Agreement and the Distributorship created hereunder may be terminated by BF Suma if the Agreement is not renewed for any reason. The Distributorship created hereunder is a revocable right, and the position this Distributorship creates in the BF Suma Distributor Organization is the property of BF Suma.
7) If I wish to terminate this Agreement, I will deliver to BF Suma written notification of my intent to terminate. My voluntary termination will be effective as of the date such notice is received by BF Suma.
8) As a BF Suma Distributor, I am an independent contractor and not an employee, partner, agent, franchisee, joint venture, or legal representative of BF Suma. I agree that I am solely responsible for my compliance with any and all laws or regulations related to myself and my business in any jurisdiction exercising authority over me, including but not limited to, the duty to license my business, collect and pay sales tax on retail sales, and comply with all other rules and regulations. I will obey all laws, statutes, and regulations applicable to my business and me.
9) Although BF Suma or any of its affiliated entities may assist me in becoming aware of applicable laws, rules, and requirements, the sole responsibility to conduct my independent BF Suma business lawfully in any jurisdiction rests with me. Therefore, I release BF Suma and any of its affiliated entities and their officers, directors, agents, and employees from all liability for any of my actions or omissions. I also waive any claims or causes of action (or others acting in my interest) which I may have occasion to assert respecting my status or conduct as a Distributor or Sponsor of BF Suma arising out of any of my actions or omissions. l agree to indemnify and hold harmless BF Suma and any of its affiliated organizations for any claim, action, or liability asserted, and for any costs (including legal costs) and expenses incurred by BF Suma and/or its affiliated organizations, arising out of or in connection with my actions, omissions, negligence or representations in sponsoring or conducting my independent BF Suma business.
10) This Distributorship Agreement allows me to recruit prospective Distributor of BF Suma in the Territory of my Distributorship. I may sponsor Distributor in other countries pursuant to the conditions of the BF Suma Policies and Procedures.
11) I understand that only Distributor in good standing (as such status is determined by BF Suma) may act as Sponsors. BF Suma, in its sole discretion, may reject this Agreement without disclosing any reason therefore. If this Agreement is not accepted or approved, I release BFSuma and its officers, directors, agents, advisors, and employees from all liability incurred by me or by any other person. I waive any associated claim(s) that might be asserted in my interest.
12) I understand that I am responsible for training and supporting any Distributor/Sponsor and
/or Recruit under the Sales & Marketing Plan. I will perform a bona fide supervisory, soliciting, distributive, and/or selling function in connection with the sale of BF Suma products to the ultimate consumer. I also agree to train any Distributor who l may sponsor or recruit in the performance of these functions. I will maintain continuing communication with and supervision over my BF Suma Distributor organization.
13) I understand and agree that my Compensation from BF Suma is established by the Sales & Marketing Plan and will consist solely of commissions, overrides, rebates and or bonuses relating to the sale of BF Suma products or orders from ultimate consumers, in the home or otherwise, rather than in a permanent retail establishment. I further understand and acknowledge that no commission, override, rebate or bonus will be paid to me for merely recruiting other Distributors.
14) l agree that I may not alter, repackage, relabeled, tamper with or otherwise change any BF Suma product, nor will I sell any such product under any name or label or representation other than that authorized by BF Suma. l further agree that l will refrain from producing, selling ,or using (for the purpose of advertising, promoting, or describing BF Suma’s products or otherwise), any Sales & Marketing plan, program, writing, recording, or any other materials that have not been previously approved or provided by BF Suma.
15) l understand and agree that I may not convey, assign, pledge or otherwise transfer any rights or interest arising hereunder without the prior written consent of BF Suma.
16) l agree not to use proprietary trade names, trademarks, designs or other property (including intellectual property of BF Suma except with the prior written consent of BF Suma.
17) I will make no claims (whether of therapeutic or curative properties) regarding BF Suma products or claims involving the Sales & Marketing Plan that are not contained in official BF Suma literature produced and distributed by BF Suma.
18) BF Suma and its affiliated entities have proprietary rights to its Distributor network and lists of Distributor names. I will not use any BF Suma Distributor Lists, or other BF Suma contacts to promote the sale or use of any products, programs, or services, other than those offered through BF Suma to any BF Suma Distributors/up whom I do not personally Sponsor. I further agree that I may not hold a beneficial interest in more than one BF Suma’s Distributorship. I will return all existing Distributor Lists upon request by BF Suma or upon the termination or resignation of my Distributorship.
19) The Personal Data (Privacy) Ordinance governs the use of information relating to me that BF Suma may collect from time to time. By signing this Agreement, I give my consent to be bound by the following policy of BF Suma relating to my personal information:
a) How BF Suma will use my personal information
From time to time it is necessary for me to provide BF Suma with my personal data for purposes relating to my Distributorship or my application to become BF Suma Distributor. These purposes may include:
(i) The processing of my application;
(ii) The management of my Distributorship, including training and administration of payments of bonuses, rebates, overrides and commissions;
(iii) Formation and implementation of business plans and policies;
(iv) Where appropriate the publication in newsletters or use in promotional materials and BF Suma functions;
(v) Intra-group communications;
(vi) Direct marketing activities;
(vii) Preparation and distribution of Genealogies;
(viii) Compliance with all applicable laws and regulations; and
(ix) Other purposes directly associated with the above.
l agree that my failure to provide the requested data may result in BF Suma being unable to process my application for Distributorship.
b) To whom BF Suma may transfer my personal information
Where permitted or required by the applicable laws and regulations, my information may be:
(i) Made available to Distributor for the purpose of the Genealogies or other persons in BF Suma’s parent or affiliated companies of BF Suma’s;
(ii) Supplied to any BF Suma’s agents, contractors or third parties who provide administrative, advertising, printing or other services to BF Suma;
(iii) Disclosed to any governmental departments or other authorities.
c) My right to access and correct my personal informationl have the right to:
(i)Ascertain whether BF Suma holds my personal data and the type of data held by BF Suma;(ii) Obtain a copy of the data;
(i) Correct any data that is inaccurate (unless an exception applies).
A small fee may be charged to offset BF Suma’s administrative costs in complying with my access requests.
20) This Agreement shall be governed under the Laws of the Territory of my Distributorship. I agree that proper jurisdiction and venue shall be exclusively in the courts of the country of my distributorship and jurisdiction.
21) I agree that regardless of the form of claim, whether in tort, contract or other, either party and the officers, employees, and agents of either party shall not be liable for any consequential, incidental, special, or punitive damages (including lost profits) arising from any claims against BF Suma or against me or any other Distributor by a third party. No legal action may be brought by either party to this Agreement more than three (3) months after the event giving rise to the cause of action has occurred.
22) BF Suma reserves the right to terminate any distributorship at any time for cause when it is determined that the distributor has violated the provisions of these policies and procedures as they may be amended or the provisions of applicable laws and standards of fair dealing.
23) BF Suma reserves the right to approve or disapprove distributor’s change of business names, formation of partnerships, corporations, trust for tax, estate planning, and limited liability purposes.
24) BF Suma expressly reserves the right to alter or amend prices, ethics, rules and regulations, policies and procedures, product availability and the compensation plan. Distributors must obey by laws of the country. Besides, it is absolutely compulsory to obey by BF Suma Regulations on Marketing and Compensation Plan.
25) He or she as an independent distributor must promote BF Suma products a sincere way, distributors are obliged to give basic training to their downlines and should offer them the best service as they could.
26) I certify the accuracy of all information provided by me in this Agreement. I agree that providing false or misleading information authorizes BF Suma, at its election, to declare this Agreement void from its inception, in which case I shall further indemnify BF Suma for all losses, damages, costs and expenses incurred by it as a result.
27) BF Suma is identified, registered and officially known as ”Suma Health Products Ltd” within governing Laws of the country.
BF Suma reserves all rights of interpretation.