By using the
Zeekler
website you agree to the following terms and conditions.
Zeekler
- Terms & Conditions
The Application & Agreement,
Policies & Procedures and Compensation Plan as published on this
website and on the NewFSC.com website are specifically incorporated
herein by reference. They, along with these Terms & Conditions, form
the agreement between
Zeekler
("Company") and the Auction User
("User"). They shall be effective only upon the acceptance by the
company.
User Agrees:
User is of legal age in the state,
province or country in which s/he resides.
Any User who sponsors another User
or collects a bonus on another User must fulfill the obligation of
performing a bona fide supervisory and selling function in the sale
or delivery of product to the ultimate consumer and in the training
of those sponsored. User must have ongoing contact, communication
and management with his or her sales organization. Examples may
include, but not limited to, mail, newsletters, correspondence,
meetings, telephone contact, accompanying individuals to Company
training and sharing genealogy information with those sponsored.
Users should be able to provide evidence to the Company quarterly of
ongoing fulfillment of sponsor responsibilities.
User understands that s/he is not
compensated for sponsoring other Users but earns compensation solely
on the sale of products and services to the ultimate consumer.
User understands that no exclusive
territory is granted by this agreement, nor does this agreement
constitute the sale of a SECURITY, FRANCHISE, or BUSINESS
OPPORTUNITY.
This Agreement shall have a term
beginning that date of the Company's acceptance of User's
application, and ending one year from the date thereof (Anniversary
date) unless renewed by the User prior to the Anniversary date.
Applicant is, upon acceptance, an
Independent Representative, called User, conducting business for
her/his own account and not an agent, employee, or franchisee for
the company. As such, User in the USA must provide her/his Social
Security or Federal Tax ID Number for tax reporting purpose on any
monies earned within the country. All Users should consult their
attorney or tax consultant for information on monies earned and
where received. The User further understands that s/he will not be
treated as an employee in regard to any laws covering employees. An
Independent Representative shall be responsible for obtaining any
licenses required by law whatever State, County or Country in which
they reside and pay all applicable fees and taxes.
User agrees to accept sole
responsibility for all self-employment, and all legal
country/Federal and state income taxes and any other taxes on income
earned as a User. The Company will file forms on each User at the
close of the calendar year for the amount of commissions and bonuses
earned in their country of residence under this Agreement.
User agrees that during the term of
this agreement, User shall not directly or indirectly, on his/her
behalf or on behalf of another person or entity, solicit, induce, or
hire any User, employee, member, customer, supplier, or vendor of
the Company to enter into any business relationship with any
individual or company which sells products or services which compete
with the products and/or services of the Company, or cause said to
terminate or alter his/her business or employment relationship with
the Company.
User agrees that the Company will
not be liable whatsoever for city, county, state, province and
country/federal taxes or other fees pertaining to efforts and
earnings of the User.
User SHALL NOT promote or sell
other companies' products at Company functions or on websites where
Free Store Club is mentioned or use the Company forms or printed
materials or its name and prestige, or drawing power in conjunction
with or support of any other activity.
User shall not sponsor or attempt
to sponsor another Free Store Club User into another Direct Sales
and/or Network Marketing Company except for her/his personally
sponsored Users. In addition, no User shall participate in any
action that causes a User to be sponsored through someone else into
another company.
User shall make no claims as to
income potential either written or oral except those prepared by the
company for illustration purposes only.
User will not make any claims of
any kind pertaining to benefits of the company's products and
services except those given in official company promotional media.
When presenting the Company program to others, User shall present
the program in its entirety, without omission, distortion or
misrepresentation.
User shall not represent or imply,
directly or indirectly, that the Company program has been approved
or endorsed by any governmental agency. Federal and State regulatory
agencies do not approve or endorse any marketing company, product,
or programs.
User will indemnify and hold the
Company harmless from any and all claims, expenses, costs, cause of
action and damages resulting from or growing out of Users statements
or actions in violation of this Agreement.
Should a User be terminated for
cause, Users' sales organization shall be transferred to his/her
first active up line User.
I understand that 70% of all
products must be sold to customers that are not Users of Free Store
Club, and that I will not purchase products solely for qualification
for a higher position, bonus, or commission.
All product(s) in resalable
condition purchased within 90 days prior to termination may be
returned (shipping prepaid). Company will repurchase such products
at 90% of original price, less any bonus or commission paid. All
current sales aids and Free Store Club Starter Kits in resalable
condition purchased within 90 days prior to terminating may be
returned (shipping prepaid). Company will purchase such materials at
90% of original price. Any states laws differing are adopted herein.
The terminated User will be
eligible to reapply and may choose a new sponsor after six (6)
months. A terminated User that reenters the program may not sponsor
any of her/his original down line organization.
User understands that Company does
not permit the changing of sponsors. Network marketing is a business
of creating relationships. Once a User is sponsored, the Company
believes in maximum protection of that relationship.
User hereby supplies Company with
his/her signature for Company's files and understands that this
signature is the signature of record for all debit card and future
credit card transactions. If the application is electronic,
submission of said document implies agreement and permission by
Company per use.
User without a sales tax ID number
authorizes the Company to remit to proper agencies the sales/use tax
generated as a result of User's product sales.
User understands Company will
provide User a replicated web site.
As an Independent Representative,
User is aware of the quality of products offered by the Company and
other costs and contractual obligations that occur when s/he
purchases the product from the Company. User understands that s/he
maintains a greater responsibility when ordering on a credit card
account as an informed User than when ordering as a Customer. User
therefore waives the right of cancellation or refund on any order
placed on her/his credit card account(s) except through Company. Any
order returns shall be done through Company and not through any
credit card company.
In the event that any check
(monies) by any method is returned unpaid, I authorize Company to
debit my account for the face amount plus up to a $25.00 processing
fee. If said amount remains unpaid, I understand that I could lose
my current status and that until my account is brought current I
could forfeit certain rights and privileges, including commissions
and bonuses.
User understands that USA residents
in the state of Maine, North Dakota, Michigan, Indiana, Iowa, and
West Virginia are limited to a total of $495.00 in sales aids and
wholesale product purchases from the Company during the first six
(6) months. Purchases shall be automatically modified to comply with
the exemption requirements set forth in any country/state/province
laws regulating business opportunities.
User understands and agrees that
this agreement may not be transferred or assigned without the prior
and express written approval of the Company, in its sole discretion,
and then in accordance with the policies and procedures. The Company
may assign this agreement at any time.
Fake or Paid-to-Sign Ups Are Strictly Prohibited
Zeekler
prohibits any form of fake or paid sign ups. Any representative/member caught using "Paid-to-SignUp" services or entering fraudulent or "fake" registrations (ex. phone book listings, etc) will be subject to all free bids being revoked and a full account review possibly resulting in complete dismissal from the Zeekler/MBS programs and will be permanently banned from referring people for any form of compensation or from bidding on any of our sites.
Zeekler
Agrees:
Company will pay User commissions
and bonuses on orders received and accepted for sale of products to
the ultimate consumer (not sales aids) made by the User and her/his
sales organization under the terms of the Compensation Plan.
Company will retain full authority
to accept or reject any Application or any order for products. Such
refusal is solely within the discretion of the Company. No rights of
action against the Company will arise because of any such acceptance
or refusal.
Company reserves the right to
amend, revise, institute, alter, or modify changes including but not
limited to prices, literature, policies, this Agreement and the
Compensation Plan. Any such revisions become effective by email,
letter(s), or by publication in official company literature, posted
to User at her/his last known address. User agrees to be bound by
these changes. Changes will become part of the Agreement 30 days
after notification.
Company shall not be responsible
for acts beyond its control, including, but not limited to: fire,
flood, earthquake, storms, power outages, labor difficulty,
equipment failure, supplier problems, or other difficulties that
might prevent performance according to this agreement.
In the rare event where a product becomes unavailable after Company lists it for auction, Company reserves the right to substitute a similar item of equal or greater value.
Company assumes no liability for
personal injury arising from the use or mishandling of any of the
Company's product(s).
Company does not require the User
to sponsor.
Company reserves the right to
terminate this agreement immediately upon receipt of sufficient
information that User has violated any term or condition of this
agreement or has otherwise acted illegally or unethically.
Company will honor refund policies
provided by any governmental law applicable to User.
Company requests all Users obey the
letter and spirit of the law.
All the information contained in
our website is for your personal use only and should not be
publicized or reproduced in any form whatsoever, in part or in
whole.
Company reserves the right to
cease, change or modify any or all of our current programs or plans.
GUARANTEES: Although Company adopts
a strict risk management policy, Company does not offer any
guarantee of income to any Member. Income is earned through the
dedicated efforts of members making sales and good old fashioned
hard work. Company guarantees to deliver any and all products or
services sold to each purchaser in a timely manner. Company will
honor all existing sales.
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