doTERRA Wellness Advocate agreement for NZ

The current doTERRA Wellness Advocate agreement form for N.Z. is online here (page 2).  These are the terms and conditions that apply to doTERRA Wellness Advocates in New Zealand.

We know that many people do not read agreements before signing them, often because contract fonts are small (hence the term fine-print) and not formatted for easy reading.  We have reproduced the doTERRA agreement form below, with minimal formatting, to make it easier for our customers to read and search their agreement.

The copy below is a reproduction only, which may include unintentional errors or omissions, and does not replace or supplement the doTERRA agreement.  The actual doTERRA Wellness Advocate agreement can be found here.

 

dōTERRA Wellness Advocate Agreement (page 2)

 

1. Obligations and Representations.

I represent, warrant that as a Wellness Advocate of dōTERRA Enterprises, Sàrl and doTERRA New Zealand (“dōTERRA”):
• I must be of at least 18 years of age.
• I have the right to offer for sale dōTERRA products and services in accordance with the terms and conditions of this Wellness Advocate Agreement.
• I have the right to build a dōTERRA sales organization.
• I will train and motivate the Wellness Advocates in my downline marketing organization.
• I will comply with all applicable laws and regulations relating to the distribution, storage, marketing, offer for sale and sale of the Products dōTERRA products and services.
• I will perform my obligations as a Wellness Advocate with honesty and integrity.
• I will use only the sales agreements and order forms which are provided by dōTERRA, and I will follow all policies and procedures established by dōTERRA for the completion and processing of such agreements and orders.

2. Presenting dōTERRA Products and Services

I agree to present the dōTERRA Compensation Plan and dōTERRA products and services as set forth in official dōTERRA literature.

3. Independent Contractor Status.

I agree that as a dōTERRA Wellness Advocate, I am an independent contractor and not an employee, agent, partner, legal representative or franchisee of dōTERRA. I am not authorized to and will not incur any debt, expense, or obligation, or open any bank account on behalf of, for, or in the name of dōTERRA, or otherwise bind doTERRA in any way. I understand that I shall control the manner and means by which I operate my dōTERRA business, subject to my compliance with this Wellness Advocate Agreement, the dōTERRA Policy Manual, including the dōTERRA Sales Compensation Plan (all of which are collectively referred to as the “Contract”).  I agree that I will be solely responsible for paying all expenses I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses. [I understand that I will not be treated as an employee of dōTERRA for tax purposes. I acknowledge and agree that dōTERRA is not responsible for withholding and shall not withhold or deduct from my bonuses and commissions, if any, taxes of any kind, unless such withholding becomes legally required. I agree to be bound by all GST tax collection and remittance agreements between dōTERRA, all appropriate taxing jurisdictions, and all related rules and procedures, if any.

4. dōTERRA Policies.

I have carefully read and agree to comply with the dōTERRA Policy Manual including the dōTERRA Sales Compensation Plan, which are incorporated into the Wellness Advocate Agreement by this reference and become part of the Contract. I understand that I must be in good standing and not in violation of any of the terms of the Contract in order to be eligible to receive any bonuses or commissions from dōTERRA. I understand that if I enroll without providing all information required by doTERRA, my purchases and bonuses under the dōTERRA Sales Compensation Plan may be suspended until such information is provided. I understand that the Contract, including this Wellness Advocate Agreement, the dōTERRA Policy Manual, and the dōTERRA Sales Compensation Plan, may be amended at any time at the sole discretion of dōTERRA, and I agree that upon 30 days notice, any such amendment will apply to me. Notification of amendments will be published in official dōTERRA materials including the Company’s official website. The continuation of my dōTERRA business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments to the contract.

5. Term and Termination.

The term of this Contract and each subsequent renewal is one year, unless terminated earlier. Unless a party notifies the other of its intent to terminate the Contract, I understand and agree that the Contract is renewed automatically each year on its anniversary date. I understand and agree that I will need to pay a renewal fee each year to renew my Contract with dōTERRA. I agree that dōTERRA may automatically charge my credit card each year in the amount of [$30.00 NZD] during the anniversary month of my Contract. dōTERRA may terminate this Contract at any time for violation of the terms and conditions of the Contract including any amendments thereto. If my Contract is terminated (or not renewed) for any reason, I understand and agree that I will permanently lose all rights as a Wellness Advocate and I shall not be eligible to sell dōTERRA products or services or to receive commissions, bonuses, or other remuneration from the activities of my former downline sales organization. In the event of termination, or nonrenewal, I agree to forfeit and waive all rights I have, including but not limited to property rights, my former downline organization, and any commissions, bonuses, or other remuneration derived through the sales and other activities of my former downline organization. If my Contract is not renewed, or if it is terminated for any reason, I agree to immediately discontinue use of any and all dōTERRA intellectual property, including trademarks, service marks, and copyrighted materials. I also agree that during the term of this Contract and for one (1) year following the termination of this Contract, regardless of the reason for termination or cancellation, I will not directly or indirectly solicit or recruit, as defined in the dōTERRA Policy Manual, any dōTERRA Wellness Advocate who is in my current or former downline organization or with whom I became acquainted by virtue of my participation as a dōTERRA Wellness Advocate.

6. Assignment.

I may not assign any rights or delegate my duties under this Contract without the prior written consent of dōTERRA. dōTERRA may freely assign the Contract at any time. Any attempt to transfer or assign the Contract without the express written consent of dōTERRA renders the Contract terminable at the option of dōTERRA and may result in termination of this Contract.

7. Breach of the Agreement.

I understand that if I fail to comply with the terms of my Contract, dōTERRA may, in its sole discretion, impose upon me disciplinary action as set forth in the dōTERRA Policy Manual. If I am in breach, default, or violation of the Contract at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. If I fail to pay for products or services when payment is due or am indebted to dōTERRA for any reason, including but not limited to for commissions or bonuses paid on returned product, I authorize dōTERRA to set off the appropriate amounts from my bonus or commission checks or to charge my credit cards or other accounts which I have placed on file with dōTERRA.

8. Limitation of Liability and Indemnification.

Neither dōTERRA nor its members, managers, directors, officers, shareholders, employees, assigns, and agents or associated companies (collectively referred to as “affiliates”), shall have any liability whatsoever under this Contract for any indirect, special or consequential loss (including, without limitation, loss of profit or goodwill. dōTERRA’s liability under the Contract for loss is limited to the price of unsold inventory that I personally purchased from doTERRA and have remaining on hand at the time the loss was suffered. I release and agree to indemnify dōTERRA and its affiliates to the extent permitted by law from and against any loss, claim, injury, liability, property damage or expense whatsoever (including legal costs on a solicitor client basis) incurred by dōTERRA and/or its affiliates by reason of any act, admission or omission by me or any of my affiliates, including in relation to my actions in the promotion or operation of my dōTERRA independent business and any activities related to it (for example, but not limited to, the presentation of dōTERRA products or Sales Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, the making of any unauthorised claims, the failure to comply with any law or regulation.

9. Entire Agreement.

This Wellness Advocate Agreement, and the dōTERRA Policy Manual, in their current forms and as amended by dōTERRA in its discretion, together constitute the entire agreement and Contract between dōTERRA and myself. Any promises, representations, offers, or other communications not expressly set forth in this Wellness Advocate Agreement and Contract are of no force or effect. To the extent of any conflict or inconsistency between this Wellness Advocate Agreement and the Policy Manual (in their current form or as subsequently modified), the Policy Manual shall prevail.

10. Waiver and Severability.

Any waiver by dōTERRA of any breach of the Contract must be in writing and signed by an authorised officer of dōTERRA. Waiver by dōTERRA of any breach of my Contract by me shall not operate or be construed as a waiver of any subsequent breach. If any provision of the Contract is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Contract will remain in full force and effect. Failure by dōTERRA at any time to enforce any provision of this Contract shall in no way be considered to be a waiver of such provision or in any way to affect the validity of this Contract.

11. Survival.

Sections 5, 8, 9, 10, 12, 13, 16, and 17 of this Wellness Advocate Agreement, as well as the covenants to protect dōTERRA’s trade secrets, confidential information, intellectual property, and other proprietary materials, as set forth more fully in the Policy Manual, shall survive the termination of the Contract.

12. Resolution of Conflicts.

In the event of any dispute, claim, question, or disagreement arising from or relating to the Contract or the breach thereof, the parties agree to follow the provisions of Sections 20(C), (D), and (E) of the Policy Manual.

13. Use of Name and Image.

I authorise dōTERRA and its affiliates to use my name, photograph, personal story, and/or likeness in advertising or promotional materials and waive all claims to remuneration for such use.

14. Electronic Communication.

I authorise dōTERRA and its affiliates to communicate with me through electronic mail at the email address provided in this Wellness Advocate Agreement. I understand that such email may include offers or solicitations for the sale and purchase of dōTERRA products, sales aids, or services.

15. Confidential Information:

At all times my affiliates and I shall preserve the confidentiality of all information provided to me by doTERRA or otherwise obtained by me regarding doTERRA or doTERRA products in the course of being a Wellness Advocate (“Confidential Information”) and shall not through any failure to exercise all due care and diligence or otherwise by any act or omission use, disclose or cause or permit to be disclosed any Confidential Information to any third parties except:
• to the extent that such disclosure is strictly to enable me to perform or comply with any of my obligations under this Contract; or
• to the extent that there is an irresistible legal requirement on me to do so; or
• where the Confidential Information has come into the public domain otherwise than through a breach of any of the terms of this Contract.

16. Counterparts.

This Contract may be executed in any number of counterparts and all the counterparts when taken together will constitute one agreement. Each party may enter into this Contract by executing a counterpart. The parties acknowledge that this Contract may be executed electronically, and/or a written document or copies and execution of this Contract by that means is valid and sufficient execution.

17. Data Protection.

For the purposes of the Privacy Act 1993, I give consent for dōTERRA to process the personal data contained in this application/agreement and to transfer this personal data, together with information about this Wellness Advocate account’s future sales activities, to any of dōTERRA’s worldwide subsidiaries and affiliated companies, and to other Wellness Advocates who are in the same sales organization or distribution chain, for the sole purpose of administering the sales and distribution of dōTERRA products and providing reports to its Wellness Advocates of sales activity in their sales organizations. I understand that this transfer of information may be made to countries without a level of legal protection of privacy equivalent to that provided in my home country. I understand that if I receive sales reports containing personal data of other Wellness Advocates, I agree that I will not use such data except in the administration and development of my sales organization, and that upon termination of my Contract, I will immediately delete all such personal data from my files, except as otherwise required by law. The parties agree that this obligation survives the termination of the Contract.
* All words with registered trademark symbols are registered trademarks of dōTERRA Holdings, LLC.

 

Last updated 4 years ago by Richard

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