Membership Agreement Terms and Conditions
As a Conscious Planet Affiliate Member / Independent Distributor, I understand and agree that:
1.I am a man/woman of sound mind and body and I am of legal age in the country of my residency. I agree that I am an Independent Distributor (Private Member), responsible for determining my own business activities without the direction or control of Conscious Planet (owned and operated privately by: CHARLES N HOLMES TRUST) and I am not an agent or employee of Conscious Planet. I will not represent in any manner that I am an agent or employee of Conscious Planet. I am responsible for the voluntary compliance payment of all self-employment taxes and all other taxes required under any taxing agency.
2.This position does not constitute the sale of a franchise or of a Member position and no fee or purchase for participation as a Member has been required of me. (Member Position is different than membership fee. See item 6.)
3.I understand and agree that the company will or has instituted a stop loss safeguard to insure adequate commission payouts. The earning cap per pay period is 40% of the total sales during that period. I understand that I may be paid commissions by etransfer or check or Visa Debit card transactions. The fees for etransfer or check or Visa debit card payment is included with a $300 minimum monthly purchase which qualifies the participant to be paid money instead of food credits for commissions off levels 2-4. This may change from time to time.
4.I acknowledge that I have read and understand and agree to the terms set forth in this agreement.
5.I agree that as a Conscious Planet Member, I shall place primary emphasis upon the obtaining /referring of customers who are not already Members. Members resident in the U. S. states of Maine, North Dakota, Michigan, Indiana, Iowa, and West Virginia are limited to $495.00 in sales aids and services purchases as a Member from the Company during the first six months of Member status. Permissible Member sales aids and services purchases shall be automatically modified to comply with the exemption requirements set forth in states laws regulating business opportunities.
6.In presenting Conscious Planet Member position to prospects, I agree that such presentations shall be strictly according to the following format and that I will be terminated as a Member if I fail to do so:
a.In each presentation of the Member position, the prospect shall be directly informed that there is a free, monthly or yearly membership administrative fee and that no purchase or customer relationship is required or is a means to become a Conscious Planet Member.
7.In order to maintain a viable Marketing Program and to comply with changes in federal, state or local laws in economic conditions, Conscious Planet may provide Policies and Procedures for Member from time to time, as well as to modify its Member Compensation Program. Such Policies and Procedures and Compensation Plan modifications, and all changes thereto, shall become a binding part of this Agreement upon publication on the official Conscious Planet Internet website or Representative Newsletter.
8.I understand that no regulatory authority ever endorses or approves any product, compensation program or company, and I will make no such claim to others. I also understand that no government agency, agents, successors and assigns have any regulatory authority over the information and products provided by and thru Conscious Planet and that I use the products and information at my own discretion, entertainment and risk and without any legal recourse to Conscious Planet / CHARLES N HOLMES TRUST and its stewards/principals. I accept and agree that Conscious Planet products are defined as "provisions” and therefore are not taxable drug or other food or non food items and are 100% money back satisfaction guarantee.
9.I understand that my Member position can be inherited or bequeathed, but cannot be transferred or assigned during my lifetime without written consent of the CHARLES N HOLMES TRUST which consent will not be unreasonably withheld.
10. This Agreement shall be deemed in effect upon its receipt and acceptance by Conscious Planet at its home office.
11. I will not promote my Member business nor use the Company name, or the trade names, logos, sales materials, trademarks or service marks of Conscious Planet except in materials provided by the Company or approved in writing by Conscious Planet prior to their use by me. I understand that unauthorized use or duplication of trademarks or copyrighted materials is a violation of law.
12. I am responsible for supervising and supporting Members I sponsor into the program and in my commissionable downline. I agree to maintain monthly communication and support to those Member in my commissionable downline by way of any of the following, or combination thereof: Personal contact, telephone communication, written communication, and attendance at Member meetings.
13. Conscious Planet offers products and information that they believe is in the best interest of the Members. The products and information is Satisfaction Guaranteed and because it is completely risk free, and if I do not return my purchases under the Return Policy, I take full responsibility for, I agree with and I accept the products, label, product and support information as is, where is. I accept all testimonials and product claims as personal and/or subjective experience and I take full personal responsibility for the results I get from the use products and information offered through Conscious Planet, and I hold no one else liable in any way. I understand the Conscious Planet label information may be supplied in other languages upon my request and if I do not make such request, I agree that the language of choice is English. I hereby agree to purchase and/or receive the products and information of Conscious Planet in an ALL RIGHTS RESERVED private capacity regardless of potential jurisdictional codification, ingredient, label and/or language requirements.
Conscious Planet offers a 100% satisfaction guaranteed product replacement policy (less shipping charges) to all Affiliate Members / Independent Distributors. Conscious Planet will not provide a refund on any products that have not been used according to label directions or due to taste (hemp protein is very earthy and bitter tasting). Subsequent purchases may not be returned under this guarantee unless the product is damaged to the point of being unusable by shipping, defective from manufacturing or spoiled. Conscious Planet has a less than 1% return rate since 2005.
If a Distributor wishes to return subsequent purchases, the return will be deemed an inventory repurchase and the Company shall repurchase the inventory pursuant to the terms of Section 7.2, and the Distributor’s Membership shall be canceled. A Member may return any products that are damaged to the point of being unusable by shipping, defective from manufacturing or spoiled.
Return of Inventory and Sales Aids by Members
Upon cancellation of a Member’s Agreement, the Member may return inventory in resalable condition and sales aids for a refund if he or she is unable to sell or use the merchandise. A Member may only return products and sales aids purchased by him or her that are in resalable condition. Upon receipt of the products and sales aids, the Member will be reimbursed 90% of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account or paid by etransfer. The Company shall deduct from the reimbursement paid to the Member any commissions, bonuses, rebates or other incentives received by the Member which were associated with the merchandise that is returned.
Procedures for All Returns
The following procedures apply to all returns for refund, repurchase, or exchange:
a)All merchandise must be returned by the Member who purchased it directly from Conscious Planet.
b) All products to be returned must have a Return Authorization Number which is obtained by calling the Member Customer Services Department. This Return Authorization Number must be written on each carton returned.
c) The return is accompanied by:
i. a completed and signed Consumer Return Form;
ii. a copy of the original dated retail sales receipt; and
iii. the unused portion of the product in its original container, and/or the empty packages from that purchase.
d) Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the best and most economical means of shipping is suggested. All returns must be shipped to Conscious Planet shipping pre-paid. Conscious Planet does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Member. If returned product is not received by the Company’s Distribution Center, it is the responsibility of the Member to trace the shipment.
No refund or replacement of product will be made if the conditions of these rules are not met.
E Consent Agreement
CONSENT TO ELECTRONIC RECORD
E-SIGN, the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.), requires that you consent to entering into an electronic agreement with Conscious Planet, before the Conscious Planet Affiliate Member Agreement is entered into. Please read the following information carefully.
Should you enter an Affiliate Member Agreement, the entire agreement between you and Conscious Planet will be evidenced by an electronic record. To enter into the Agreement, you must electronically acknowledge that you agree to the Terms and Conditions of the Agreement, the Conscious Planet Policies and Procedures and the Conscious Planet Marketing and Compensation Plan. To access these documents and enter into the Agreement, you will need the following hardware and software: A Personal Computer ("PC”) with modem or other Internet access device, operational Internet browser software (e.g., Netscape Communicator or Internet Explorer), and Adobe Acrobat Reader. Should there ever be a change in the equipment or software necessary to access the terms of the Agreement, Conscious Planet will advise you of the same and will provide you with a list of the equipment and software that is necessary. Upon such event, you may withdraw your consent.
Your consent will apply to all transactions between you and Conscious Planet.
You may withdraw your consent to the use of electronic records at any time. However, should you do so, the Agreement will be automatically terminated. To withdraw your consent (and thereby terminate the Agreement), or update any personal information, you may do so online at http://www.consciousplanet.net or by sending written notice to: Conscious Planet, c/o 112-5589 Byrne Road Burnaby, British Columbia, V5J3J1. During the enrollment process, you will have the ability to read, download, print, and retain the Terms and Conditions, the Policies and Procedures and Compensation Plan for future reference.
Additionally, you may request printed copies of
those documents by contacting Conscious Planet at Conscious Planet, c/o
112-5589 Byrne Road Burnaby, British Columbia, V5J3J1. Your request must
include your name, your Distributor identification number, your mailing
address, and your E-mail address. Upon receipt of such a request, Conscious Planet
will mail you the then current version of each document. There is a charge of
$25.00 for this service.
By entering into the Agreement, you agree that Conscious Planet may amend the same at its sole discretion at any time. You may obtain a copy of the version of the Agreement that was in effect at any time after you entered into the Agreement. Prior versions are archived by Conscious Planet. Should you wish to obtain a copy of any version of the Terms and Conditions, the Policies and Procedures and/or Marketing and Compensation Plan since the date of your enrollment, send a written request to Conscious Planet, c/o 112-5589 Byrne Road Burnaby, British Columbia, V5J3J1. Your request must include your name, your Distributor identification number, your mailing address, and your E-mail address. Upon receipt of such a request, Conscious Planet will mail or email to you a copy of the version of the Agreement that you requested. Be certain to specify the date of the version that you wish to receive. There is a charge of $25.00 for this service. The most current version of the Terms and Conditions, the Policies and Procedures and the Marketing and Compensation Plan are always available at Conscious Planet official web site for viewing, printing and downloading.
Please indicate your consent to the above terms by clicking on the "I Agree” button below. By providing your consent, you also confirm that you are able to access all the terms of the Agreement electronically. If you click on the "I Decline” button, the enrollment process will be terminated and you will be returned to our home page. Access to products and information will be at a customer level only.
(By checking "I Agree," you are indicating that you have read, understand and agree with the Conscious Planet Member Agreement Terms and Conditions, Conscious Planet Policies and Procedures, the Conscious Planet Compensation Plan, and Consent to Electronic Record.)