This Distributor Programme is between you, as an independent Distributor (“I” or “me” or “you” or “your”) and Diamond Whites Teeth Whitening Ltd., a Companies House registered company.
Please note that the online Distributor Programme contains all the terms and conditions of your agreement with the Company.
1. Sign-up Procedures
I may submit this Distributor Agreement online by agreeing to the terms & conditions when signing up as a Distributor/Affiliate.
2. Distributor benefits – Purchases, Deletion and Returns
A. As a distributor I will receive trade discount on majority of products on Diamond Whites Teeth Whitening Ltd’s online shop.
B. Referring a customer with a URL link will store a cookie on their browser for 30 days*, if the customer purchases a product within 30 days you will receive 10% commission.
C. Referring a distributor with a URL link will store a cookie on their browser for 30 days*, if the customer registers as a distributor they will be linked to your account and you will receive a life time commission from the distributors sales, currently 10% however this can be increased depending on the number of referrals you make.
D. I will also receive commission from Distributors up to 5 tier’s down at the rate of 5%, 3%, 2%, 1%.
Due to the nature of our products Diamond Whites does not allow returns.
* If you referral clear’s their browsing history the cookie will be removed, this means that you will not receive the commission or will the distributor account be linked.
3. Additional Benefits
A. My commission will increase from 10% depending on the number of referrals made.
A. Referral payments will be made once a month, the payment will be made to your PayPal account. The email address listed as payment email is the where the monies will be sent. Diamond Whites will not be held responsible for any missing payments due to an incorrect email being added.
5. Change of Address
The distributor is responsible for updated both there shipping and billing address on the system.
6. Price Increases
The Company may change the price of the products at any time.
10. Termination of Distributor/Affiliate Programme
A. With 14 days prior written notice, the Company may terminate the Distributor programme. The Company may also immediately terminate my right to participate in the Distributor programme and this Distributor Agreement and notify me of the termination if (i) I violate the terms and conditions of this ADR Agreement, or (ii) if I am a Distributor, if I have violated the terms and conditions of my Distributor Agreement.
B. With 14 days prior written notice, the Company may, in its sole discretion, modify the terms and conditions of this Distributor programme, including but not limited to, the expiration of the product bonus for Distributors.
11. No Modification of Distributor Programme
The terms and conditions contained in this Distributor Programme do not supersede or modify in any way the terms and conditions of my Distributor Agreement.
12. Collection of Personal Information
The information that you provide will be processed independently by Diamond Whites teeth Whitening (‘the Company’ or “we”) to process your orders and for general administration, marketing, statistical and management purposes. To do this, we may pass your details to agents and third parties who perform functions on our behalf, some of whom will be located outside the UK and the European Economic Area. You can request details of these agents and third parties by contacting the Company at the address at the top of this form. You agree that the Company may provide your details to an alternative Distributor should your current Distributor cease to be a Nu Skin Distributor. You can obtain from the Company a copy of the information which we hold about you which is subject to the Data Protection Act 1998 (for which we may make a small charge) and contact the Company at the address at the top of this form to correct any inaccuracies in your information. We may contact you with details of the services, opportunities, and products we provide, invite you to functions or contact you to obtain feedback on our services and products.
The Distributor Agreement and Product Purchase Agreement, which includes the terms of my participation, is between Diamond Whites Teeth Whitening Ltd (DWTWL) 205C High Street, Ongar, Essex, CM5 9JJ and me.
1. Right to Market Diamond Whites Products and Sponsor in the United Kingdom Subject to the terms and conditions of the Distributor Agreement, DWTWL grants to me (a) the right to be a Distributor and market Diamond Whites Products in the United Kingdom through person-to-person sales, and (b) sponsor new Distributors in the United Kingdom.
2. Product Purchase Agreement DWTWL will offer to me, as an independent contractor, Diamond Whites Products for wholesale purchase in the United Kingdom. I have the right to purchase Nu Skin Products at the price stated by Diamond Whites and agree that DWTWL may change Diamond Whites Product prices without prior notice.
3. Independent Contractor acknowledges and agree that as a Distributor, I am an independent contractor of Diamond Whites. As an independent contractor, I will:
• be self-employed, and determine in my sole discretion, when I work and the number of hours I work; be paid Bonuses based on purchases and sales and not the number of hours that I work
• be subject to entrepreneurial risk and responsible for all losses that I incur as a distributor;
◘ • if required, obtain a federal employment identification number;
• pay my own license fees and any insurance premiums required by law;
• be responsible for all costs of my business including, but not limited to, travel, entertainment, office, clerical, legal, equipment, accounting, and general expenses, without advances, reimbursement, or guarantee from Diamond Whites;
• not be treated as an employee for federal or state tax purposes; and
• pay any self-employment taxes required by federal, state, and local laws, statutes, and regulations.
I am not an employee, agent, or legal representative of Diamond Whites, and except as permitted by the Contract, I am not authorized to act on behalf of Diamond Whites. Nothing in the Contract is intended or will be deemed to constitute a partnership, agency, employer-employee, or a joint venture relationship between Diamond Whites and me.
4. Marketing of Products and Services
(a) I understand that there are no minimum purchases or inventory requirements. I will promote the retail sale of Diamond Whites Products in accordance with the terms and conditions of the Contract.
(b) I agree not to make any claims about Diamond Whites Products and the Sales Compensation Plan unless they are contained on DWTWL labels or in official DWTWL literature. DWTWL will pay me Bonuses for the sale of Diamond Whites Products less returns. I understand and agree that, in order to be eligible to receive Bonuses, I must meet all requirements outlined in the Sales Compensation Plan, including retail sales, and not be in violation of the terms of the Contract.
(c) I will not purchase any Diamond Whites Products solely for the purpose of qualifying for Bonuses.
(d) I agree to encourage, supervise and assist my Downline Organization’s efforts to sell Diamond Whites Products to retail customers.
(a) I understand due to the nature of the products Diamond Whites does not allow returns.
6. Disributor Award Program
(a) DWTWL may change the price of or discontinue Diamond Whites Products at any time.
(b) I agree that DWTWL can cancel my membership at any time if I have not purchase products within 3 months.
(c) I agree that if any Diamond Whites Products from a qualifying purchase are returned/cancelled, the balance of the qualifying amount for the month will be removed automatically.
(d) I understand and agree that DWTWL may terminate the Distributor Program at any time and for any reason.
7. Bonus Check Direct Deposit
(a) I authorize DWTWL to deposit the payment of any Bonuses to my account at the PayPal Address given by me. This authorization will remain in full force and effect until (i) DWTWL has received written notice from me of my withdrawal from the direct deposit program, and (ii) DWTWL has a reasonable opportunity to make such a change pursuant to my notice. I understand that this authorization replaces any previous authorization and will remain in effect until DWTWL receives written notice of my withdrawal from the direct deposit program.
(b) I agree that I must notify DWTWL immediately (i) prior to changing or closing the above account, or (ii) if my financial institution changes my payment email or account number. Failure to notify NSEUS of account number changes may delay my receipt of Bonuses. If I change my financial institution and/or account number, I must change this within the Distributor area.
(c) DWTWL will not be liable to me for failing to access my account or provide direct deposits to my account in a timely manner unless such failure or loss is a direct result of DWTWL’s gross negligence or intentional misconduct. DWTWL’s liability will not exceed the amount of the funds that would have otherwise been deposited.
I certify that I am 18 years old and legally able to enter into this Contract (which includes the Binding and Mandatory Arbitration Agreement), and agree to be bound by the terms and conditions of the Contract.