1) I am legally competent and eligible to enter into a contract in the Territory of my Distributorship.
2) I will become a Sunhome Independent Distributor upon acceptance of the Terms and Conditions by Sunhome, and I will, at that time, have the right to sell Sunhome’s products in accordance with the Sunhome Sales & Marketing Plan. This Agreement will be deemed accepted by Sunhome when it is date-stamped upon actual receipt of the signed original thereof by an officially authorized employee of Sunhome and signed 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 Sunhome 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 Sunhome from time to time in any media which are applicable to me as a Distributor of Sunhome. 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 Sunhome or any of its affiliated entities may result in the termination of my Distributorship or other disciplinary action as deemed appropriate by Sunhome.
4) I understand that no product purchases are necessary to become a Sunhome Independent Distributor other than the purchase of a “Sunhome 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 inactive 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 Sunhome 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 Sunhome Distributor Organization is the property of Sunhome.
7) If I wish to terminate this Agreement, I will deliver to Sunhome written notification of my intent to terminate. My voluntary termination will be effective as of the date such notice is received by Sunhome.
8) As a Sunhome Distributor, I am an independent contractor and not an employee, partner, agent, franchisee, joint venture, or legal representative of Sunhome. 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 Sunhome 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 Sunhome business lawfully in any jurisdiction rests with me. Therefore, I release Sunhome 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 Sunhome arising out of any of my actions or omissions. l agree to indemnify and hold harmless Sunhome and any of its affiliated organizations for any claim, action, or liability asserted, and for any costs (including legal costs) and expenses incurred by Sunhome and/or its affiliated organizations, arising out of or in connection with my actions, omissions, negligence or representations in sponsoring or conducting my independent Sunhome business.
10) This Distributorship Agreement allows me to recruit prospective Distributor of Sunhome in the Territory of my Distributorship. I may sponsor Distributor in other countries pursuant to the conditions of the Sunhome Policies and Procedures.
11) I understand that only Distributor in good standing (as such status is determined by Sunhome) may act as Sponsors. Sunhome, in its sole discretion, may reject this Agreement without disclosing any reason therefore. If this Agreement is not accepted or approved, I release Sunhome 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 Sunhome 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 Sunhome Distributor organization.
13) I understand and agree that my Compensation from Sunhome is established by the Sales & Marketing Plan and will consist solely of commissions, overrides, rebates and or bonuses relating to the sale of Sunhome 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, relabel, tamper with or otherwise change any Sunhome product, nor will I sell any such product under any name or label or representation other than that authorized by Sunhome. l further agree that l will refrain from producing, selling ,or using (for the purpose of advertising, promoting, or describing Sunhome’s products or otherwise), any Sales & Marketing plan, program, writing, recording, or any other materials that have not been previously approved or provided by Sunhome.
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 Sunhome.
16) l agree not to use proprietary trade names, trademarks, designs or other property (including intellectual property of Sunhome except with the prior written consent of Sunhome.
17) I will make no claims (whether of therapeutic or curative properties) regarding Sunhome products or claims involving the Sales & Marketing Plan that are not contained in official Sunhome literature produced and distributed by Sunhome.
18) Sunhome and its affiliated entities have proprietary rights to its Distributor network and lists of Distributor names. I will not use any Sunhome Distributor Lists, or other Sunhome contacts to promote the sale or use of any products, programs, or services, other than those offered through Sunhome to any Sunhome Distributors whom I do not personally Sponsor. I further agree that I may not hold a beneficial interest in more than one Sunhome’s Distributorship. I will return all existing Distributor Lists upon request by Sunhome or upon the termination or resignation of my Distributorship.
19) The Personal Data (Privacy) Ordinance governs the use of information relating to me that Sunhome may collect from time to time. By signing this Agreement, I give my consent to be bound by the following policy of Sunhome relating to my personal information:
a) How Sunhome will use my personal information
From time to time it is necessary for me to provide Sunhome with my personal data for purposes relating to my Distributorship or my application to become Sunhome 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 Sunhome 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 Sunhome being unable to process my application for Distributorship.
b) To whom Sunhome 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 Sunhome’s parent or affiliated companies of Sunhome’s;
(ii) Supplied to any Sunhome’s agents, contractors or third parties who provide administrative, advertising, printing or other services to Sunhome;
(iii) Disclosed to any governmental departments or other authorities.
c) My right to access and correct my personal information – l have the right to:
(i)Ascertain whether Sunhome holds my personal data and the type of data held by Sunhome; (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 Sunhome’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 Sunhome 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) Sunhome 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) Sunhome 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) Sunhome expressly reserves the right to alter or amend prices, ethics, rules and regulations, policies and procedures, product availability and the compensation plan. Distributors must abide by laws of the country. Besides, it is absolutely compulsory to abide by Sunhome Regulations on Marketing and Compensation Plan.
25) He or she as an independent distributor must promote Sunhome products in 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 Sunhome, at its election, to declare this Agreement void from its inception, in which case I shall further indemnify Sunhome for all losses, damages, costs and expenses incurred by it as a result.
27) Sunhome is identified, registered and officially known as ”Sunhome Technology Company Limited” within governing Laws of the country.
Sunhome reserves all rights of interpretation.