Retail Establishment Agreement
2
RETAIL ESTABLISHMENT/WHOLESALE BUYER AGREEMENT THIS NHT GLOBAL, INC. RETAIL ESTABLISHMENT/WHOLESALE BUYER AGREEMENT (the “Agreement”) is by and between NHT Global, Inc. (“NHT Global”) and the Retail Establishment/Wholesale Buyer Account Applicant (“R/WB”) upon completion and signing of this Agreement. This Agreement specifically incorporates by reference all of the applicable terms and conditions of the NHT Global Policies and Procedures and as such shall be binding upon each R/WB to the same extent as if set forth in their entirety as such now exists or may hereafter be amended. For Retail Establishment Owners/Managers and Wholesale Buyers Only. In consideration of the mutual terms and conditions set forth in this Agreement, NHT Global and the R/WB agree as follows: 1. I am of legal age in the state in which I reside. I understand that I am a limited capacity member of the NHT Global distributorship. I agree that I am an independent contractor, responsible for determining my own hours, methods and means without NHT Global oversight AND AGREE TO ABIDE BY ALL APPLICABLE FEDERAL AND STATE LAWS. 2. I agree that as owner/manager of this retail establishment, I have been granted the right to sign this Agreement without further review. 3. I agree that I will not have the same privileges afforded to NHT Global distributors but will have my own terms and conditions as contained herein. 4. In order to maintain a viable Marketing Program in changing economic conditions and/or to comply with changes to federal, state or local laws, NHT Global, Inc. reserves the right to provide additional Policies and Procedures from time to time without prior notice. Such Policies and Procedures modifications and all changes thereto, shall become a binding part of this agreement upon publication on the official NHT Global, Inc. website. I understand and agree that it is my responsibility to stay abreast of current and updated information and the company is in no way liable for my ignorance of the correct information if I fail to do so. 5. I have the right to purchase product directly from NHT Global and such purchases will be at a wholesale level. 6. I understand that NHT Global makes no claims, and no claims of any kind have been made by me personally, concerning health or medical claims concerning NHT Global products beyond what is contained in official company literature. 7. I understand that I will earn no commissions or bonuses for my efforts. I understand that my earnings will be generated by the difference in the wholesale price at which I will purchase product from NHT Global and the retail price that I will generate from sales in my business. 8. I understand that I cannot recruit or discuss the NHT Global Compensation Plan as it does not apply to my association to NHT Global through this Agreement only. 9. I understand that I am a limited independent representative for NHT Global and will establish and service my customers as an independent contractor. My involvement with NHT Global does not constitute a sale of a franchise, distributorship or security. 10. I understand that in an effort to increase sales I may create advertising and/or promotional materials by submitting a request of approval to NHT Global. I will not use trade names, logos, copyrights, trademarks or service marks except in materials approved by NHT Global. 11. NHT Global provides a suggested retail price as a guideline. As a limited independent representative, I may sell NHT Global products at whatever retail price my customers and I agree upon, however, I understand that I am not allowed to advertise at any price below NHT Global's suggested retail price. 12. I understand that NHT Global maintains product liability insurance on all of its products through the manufacturer’s product liability plan, and that I am covered as an additional insured under that policy. I understand however, that it is prudent and recommended that I carry appropriate business liability insurance for my personal business practices. 13. In the event that I wish to terminate this Agreement, I may do so by contacting NHT Global directly. 14. I understand that I have the right to terminate this Agreement with NHT Global by submitting notification to NHT Global either through email or by fax at any time and to return all unopened inventory that was purchased within the last 12 (twelve) months. The product must be returned within 90 (ninety) days of notification and received in current, reusable and resalable condition. Upon receipt of the merchandise NHT Global will refund 90 (ninety) percent of the net cost, less freight charges and a 10 (ten) percent restocking fee. 15. In the event that I terminate my Agreement with NHT Global, I will wait a period of 6 (six) months before engaging in a new Agreement either with the individual who sponsored me or another NHT Global Distributor and NHT Global reserves the right to accept or deny such Application. 16. This Agreement is performed in Dallas County, Texas, and governed by the laws of the State of Texas. I understand and agree that all claims and disputes or causes of action relating to the performance of either party under this Agreement and/or my purchase of product, shall be settled totally and finally by arbitration in the City of Dallas, State of Texas. The arbitrators may not award costs, expenses or attorney’s fees, as each party agrees that they will be responsible for their own. The parties agree to waive any claims for punitive or tort damages as a result of this Agreement or the actions of their party. In the event that litigation is necessary to seek ratification of the arbitrator’s award, the parties agree that venue lies in Dallas, Texas. The parties hereby knowingly, voluntarily and intentionally waive any and all rights to a trial by jury (including but not limited to any claims, cross claims and third party claims) based upon, arising out of or in connection with the Agreement, the obligations referred herein, or any counsel of conduct, course of dealing, statements (whether oral or written) or actions. PAGE 1 OF 2
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Transcript of Retail Establishment Agreement
RETAIL ESTABLISHMENT/WHOLESALE BUYER AGREEMENT
THIS NHT GLOBAL, INC. RETAIL ESTABLISHMENT/WHOLESALE BUYER AGREEMENT (the “Agreement”) is by and between NHT Global, Inc. (“NHT Global”) and the Retail Establishment/Wholesale Buyer Account Applicant (“R/WB”) upon completion and signing of this Agreement. This Agreement specifically incorporates by reference all of the applicable terms and conditions of the NHT Global Policies and Procedures and as such shall be binding upon each R/WB to the same extent as if set forth in their entirety as such now exists or may hereafter be amended.
For Retail Establishment Owners/Managers and Wholesale Buyers Only.In consideration of the mutual terms and conditions set forth in this Agreement, NHT Global and the R/WB agree as follows:1. I am of legal age in the state in which I reside. I understand that I am a limited capacity member of the NHT Global distributorship. I agree that I am an independent contractor, responsible for determining my own hours, methods and means without NHT Global oversight AND AGREE TO ABIDE BY ALL APPLICABLE FEDERAL AND STATE LAWS.2. I agree that as owner/manager of this retail establishment, I have been granted the right to sign this Agreement without further review.3. I agree that I will not have the same privileges afforded to NHT Global distributors but will have my own terms and conditions as contained herein.4. In order to maintain a viable Marketing Program in changing economic conditions and/or to comply with changes to federal, state or local laws, NHT Global, Inc. reserves the right to provide additional Policies and Procedures from time to time without prior notice. Such Policies and Procedures modifications and all changes thereto, shall become a binding part of this agreement upon publication on the official NHT Global, Inc. website. I understand and agree that it is my responsibility to stay abreast of current and updated information and the company is in no way liable for my ignorance of the correct information if I fail to do so.5. I have the right to purchase product directly from NHT Global and such purchases will be at a wholesale level.6. I understand that NHT Global makes no claims, and no claims of any kind have been made by me personally, concerning health or medical claims concerning NHT Global products beyond what is contained in official company literature.7. I understand that I will earn no commissions or bonuses for my efforts. I understand that my earnings will be generated by the difference in the wholesale price at which I will purchase product from NHT Global and the retail price that I will generate from sales in my business.8. I understand that I cannot recruit or discuss the NHT Global Compensation Plan as it does not apply to my association to NHT Global through this Agreement only.9. I understand that I am a limited independent representative for NHT Global and will establish and service my customers as an independent contractor. My involvement with NHT Global does not constitute a sale of a franchise, distributorship or security.10. I understand that in an effort to increase sales I may create advertising and/or promotional materials by submitting a request of approval to NHT Global. I will not use trade names, logos, copyrights, trademarks or service marks except in materials approved by NHT Global.11. NHT Global provides a suggested retail price as a guideline. As a limited independent representative, I may sell NHT Global products at whatever retail price my customers and I agree upon, however, I understand that I am not allowed to advertise at any price below NHT Global's suggested retail price.12. I understand that NHT Global maintains product liability insurance on all of its products through the manufacturer’s product liability plan, and that I am covered as an additional insured under that policy. I understand however, that it is prudent and recommended that I carry appropriate business liability insurance for my personal business practices.13. In the event that I wish to terminate this Agreement, I may do so by contacting NHT Global directly.14. I understand that I have the right to terminate this Agreement with NHT Global by submitting notification to NHT Global either through email or by fax at any time and to return all unopened inventory that was purchased within the last 12 (twelve) months. The product must be returned within 90 (ninety) days of notification and received in current, reusable and resalable condition. Upon receipt of the merchandise NHT Global will refund 90 (ninety) percent of the net cost, less freight charges and a 10 (ten) percent restocking fee.15. In the event that I terminate my Agreement with NHT Global, I will wait a period of 6 (six) months before engaging in a newAgreement either with the individual who sponsored me or another NHT Global Distributor and NHT Global reserves the right to accept or deny such Application.16. This Agreement is performed in Dallas County, Texas, and governed by the laws of the State of Texas. I understand and agree that all claims and disputes or causes of action relating to the performance of either party under this Agreement and/or my purchase of product, shall be settled totally and finally by arbitration in the City of Dallas, State of Texas. The arbitrators may not award costs, expenses or attorney’s fees, as each party agrees that they will be responsible for their own. The parties agree to waive any claims for punitive or tort damages as a result of this Agreement or the actions of their party. In the event that litigation is necessary to seek ratification of the arbitrator’s award, the parties agree that venue lies in Dallas, Texas. The parties hereby knowingly, voluntarily and intentionally waive any and all rights to a trial by jury (including but not limited to any claims, cross claims and third party claims) based upon, arising out of or in connection with the Agreement, the obligations referred herein, or any counsel of conduct, course of dealing, statements (whether oral or written) or actions.
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RETAIL ESTABLISHMENT/WHOLESALE BUYER AGREEMENT
I have read, understand and agree to the terms of this Retail Establishment Agreement.
SIGNATURE OF APPLICANT: _______________________________________________ DATE: ___________________________
NAME OF RETAIL ESTABLISHMENT: _________________________________________________________________________
NAME OF AUTHORIZED INDIVIDUAL: ________________________________________________________________________
RESALE CERTIFICATE #: __________________________________________________
BUSINESS ADDRESS: _____________________________________________________
_________________________________________________________________________
_________________________________________________________________________
TELEPHONE # ( _______ )__________________________ EMAIL: ___________________________________________________
SPONSOR ID#______________________________ SPONSOR NAME: ________________________________________________
I have read, understand and agree to the terms of this Wholesale Buyer Agreement.
SIGNATURE OF APPLICANT: _______________________________________________ DATE: ___________________________
NAME OF WHOLESALE BUYER: ______________________________________________________________________________
NAME OF AUTHORIZED INDIVIDUAL: ________________________________________________________________________
WHOLESALE BUYER SSN # / FEDERAL TAX ID #: ____________________________
BUSINESS ADDRESS: _____________________________________________________
_________________________________________________________________________
_________________________________________________________________________
TELEPHONE # ( _______ )___________________________EMAIL: __________________________________________________
SPONSOR ID#______________________________ SPONSOR NAME: ________________________________________________
Complete form, keep a copy for your records, and give the original to your NHT Global Distributor.NHT Global Distributor: fax a copy to Compliance at 972.243.5430 orkeep copy for yourself and mail original to: NHT Global, Inc., ATTN: Compliance, 2050 Diplomat Drive, Dallas, TX 75234.
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