2. I agree to present the Essen USA Compensation Plan and Essen USA products and services as set forth in official Essen USA literature.
3. I agree that as an Essen USA EIE I am an independent contractor, and not an employee, partner, legal representative, or franchisee of
Essen USA. I agree that I will be solely responsible for paying all expenses that I incur, including but not limited to travel, food, lodging,
secretarial, office, long distance telephone and other business expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN
EMPLOYEE OF ESSEN USA FOR FEDERAL OR STATE TAX PURPOSES. Essen USA is not responsible for withholding and
shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind. I understand that I am not
entitled to workers compensation or unemployment security benefits of any kind from Essen USA.
4. I verify that my personal information input above is accurate. Any notifications given to me by Essen USA to the above mailing address or
email address shall be deemed correctly given unless I have provided Essen USA with updated mailing address or email address information
by certified mail.
5. I understand that I must submit a properly completed IRS Form W-9 to Essen USA within 60 days from the date of this Application and
Agreement. I agree that if I fail to timely submit a properly completed IRS Form W-9 to Essen USA within such time period that my EIE
Agreement shall be subject to automatic termination.
6. I have carefully read and agree to comply with the Essen USA Policies and Procedures, the Essen USA Compensation Plan, and the Essen
USA Business Entity Addendum (the Business Entity Addendum applies only to business entities that apply to become an EIE) each of
which are incorporated into and made a part of these Terms and Conditions (these four documents shall be collectively referred to as the
“Agreement”). If I have not yet reviewed the Policies and Procedures at the time I execute this Agreement, I understand that they are posted
at the Essen USA website (http://www.essen-usa.com). If I have not already done so, will review the Policies and Procedures and
Compensation Plan within five days from the date on which I execute this Agreement. If I do not agree to the Policies and Procedures or
Compensation Plan, my sole recourse is to notify the company and cancel my Essen USA Agreement. Failure to cancel constitutes my
acceptance of the Policies and Procedures and Compensation Plan. I understand that I must be in good standing, and not in violation of the
Agreement, to be eligible for bonuses or commissions from Essen USA. I understand that the Agreement may be amended at the sole
discretion of Essen USA, and I agree to abide by all such amendments. Notification of amendments shall be posted at the Essen USA website
and emailed to all EIEs. Amendments shall become effective 30 days after such notice but amended policies shall not apply retroactively to
conduct that occurred prior to the effective date of the amendment. The continuation of my Essen USA business or my acceptance of bonuses
or commissions after the effective date of any amendment shall constitute my acceptance of all amendments.
7. I acknowledge that if I choose to sponsor others to participate in Essen USA’s Compensation Plan, I will not receive any compensation
whatsoever for the act of sponsoring or recruiting and I will be compensated only for the activities of other enrollees only to the extent of
sales made by them to customers.
8. The term of this Agreement is one year (subject to prior cancellation as provided herein and as provided in the Policies and Procedures)
and shall automatically renew for subsequent one year terms on each anniversary date hereof unless either party notifies the other that it does
not wish to renew the Agreement. If Essen USA elects not to renew the Agreement, it shall provide EIE with at least 30 days’ prior notice of
such election. If the Agreement is not renewed or is canceled or terminated for any reason, I understand that I will permanently lose all rights
as an EIE. I shall not be eligible to sell Essen USA products and services nor shall I be eligible to receive commissions, bonuses, or other
income resulting from my activities or the activities of my former downline sales organization. In the event of cancellation, termination or
nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any
bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. I
understand that this Agreement shall automatically terminate if I have not generated any sales of Essen USA products for four (4)
consecutive calendar months. In addition, Essen USA reserves the right to terminate all EIE Agreements upon 30 days’ notice if the
Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services
via direct selling channels.
9. I understand and agree that I am entitled to use the registered trademark “ESSEN” and other registered and un-registered trademarks
owned by or licensed to Essen USA as set forth in the Policies and Procedure. I shall not be able to register and/or use any trademarks or
intellectual property of Essen USA or licensed to Essen USA (all together hereinafter called “ESSEN IP”), or any trademarks or intellectual
property that is similar or confusingly similar to ESSEN IP, in any manner or media including, among others, domain names and trade
names. Upon demand of Essen USA or upon termination of this Agreement I agree to cease all uses of ESSEN IP and any similar or
confusingly similar trademarks or intellectual property at once.
10. If I am entitled to the payment of compensation from Essen USA pursuant to the Essen USA Compensation Plan, I agree that Essen USA
may deduct, withhold, or offset any amounts that I owe to Essen USA from such payments.
11. I may not assign any rights under the Agreement without the prior written consent of Essen USA. Any attempt to transfer or assign the
Agreement without the express written consent of Essen USA renders the Agreement voidable at the option of Essen USA and may result in
termination of my business.
12. I understand that if I fail to comply with the terms of the Agreement, Essen USA may impose upon me disciplinary sanctions (including
termination of the Agreement) as set forth in the Policies and Procedures. In such case, the Company may immediately terminate the
Agreement upon written notice.
13. Neither Party, its parent and/or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively
referred to as “affiliates”), shall be liable to the other for consequential or exemplary damages for any claim or cause of action relating to the
Agreement or the use of Essen USA’s products, even if the party has been advised of the likelihood of such damage.
14. The Agreement, in its current form and as amended by Essen USA at its discretion, constitutes the entire contract between Essen USA
and EIE. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
15. Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party, against
which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a
waiver of any subsequent breach.
16. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall
be reformed only to the extent necessary to make it enforceable. The balance of the Agreement will remain in full force and effect.
17. If a dispute arises between an EIE and Essen USA relating to the Agreement, the Essen USA business, or the rights and
obligations of either
party, the parties shall resolve the dispute through information negotiation, mediation, or binding arbitration as set forth in the
Dispute Resolution provisions in the Policies and Procedures.
18. The Agreement is reasonably related to the laws of the state of Florida and shall be governed in all respects thereby. The parties agree
that jurisdiction and venue shall lie with the place of acceptance of the Agreement, the state of Florida. All claims, disputes, and other
matters between EIE and the Company shall be brought in Miami Dade County Court, in Miami, Florida, or in the U.S. District Court for the
Southern District of Florida in Miami, Florida. Notwithstanding the foregoing, in the event of litigation or arbitration between the Company
and an IC who resides in Louisiana, the jurisdiction and venue of such action shall be in the State of Louisiana and the action shall be
governed by Louisiana law.
19. MD Residents: An EIE who resides in Maryland may cancel the contract for any reason within 3 months after the date of receipt of goods
or services first ordered; upon cancellation and receipt of your written request, the Company will repurchase the resalable goods and the
repurchase price shall be at least 90% of the original price paid by the participant.
20. MT Residents: A Montana resident may cancel his or her EIE Agreement within 15 days from the date on which this application is
submitted, and may return any products purchased within such time period and is entitled to a full refund of the purchase price or any other
consideration he/she paid within such time period to participate in the program.
21. LA, MA and WY Residents: If you cancel your EIE Agreement, upon receipt of your written request, Essen USA will refund 90% of the
costs you have incurred to participate in the program during the current year.
22. Puerto Rico Residents: You may cancel this Agreement at any time within 90 days from the date of enrollment, or at any time upon
showing the Company’s noncompliance with any of the essential obligations of the distribution contract or any act or omission by the
Company adversely affecting the interests of the dealer in the development of the market of the properties or services. Your cancellation
must be sent to the Company in writing and sent via registered mail. If you cancel under these conditions, the Company shall: (a) Reacquire
the total of the products that you purchased from the Company which are in your possession and in good condition at a price of not less than
ninety percent (90%) of their original net cost; (b) Return to you not less than ninety percent (90%) of the original net cost of any services
that you acquired from the Company; (c) Return 90% of any sum paid by you for the purpose of participating in the business.
23. Except as provided in paragraphs 15-18, refunds will be issued as provided in the Policies and Procedures
24. I agree to release Essen USA and its affiliates from all liability arising from or relating to my promotion or operation of my Essen USA
business and any activities related to it (e.g., the presentation of Essen USA products or Compensation Plan, the operation of a motor vehicle,
the lease of meeting or training facilities, etc.), and agree to indemnify Essen USA for any liability, damages, fines, penalties, or other awards
arising from any unauthorized conduct that I undertake in operating my business.
25. A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be
submitted in writing to the company at its principal business address or via the EIE’s Back-Office.
26. I grant Essen USA an irrevocable license to reproduce and use my name, photograph, video, personal story, testimonial, and/or likeness
in its advertising or promotional materials, including but not limited to use in online forums, and I waive all claims for remuneration for such
use. I further waive my right to inspect or approve all draft, beta, preliminary, and finished material.
27. A signed copy of the Agreement that is faxed or scanned and transmitted or stored as a digital image shall be treated as an original in all
respects. Electronic contracts shall be treated as original in all respects.
28. I certify that I am at least 18 years of age.