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Miessence Terms & Conditions

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Independent Representative or Affiliate Agreement Terms and Conditions


The Terms & Conditions hereunder, together with the Policies & Procedures and the Compensation Plan, form the agreement (the "Agreement") between the Independent Representative or Independent Affiliate ("Member") and Organic & Natural Enterprise Group Pty. Ltd., ABN: 29 103 341 288 ("ONEgroup" or "the Company").

1. The Member is of legal age to enter into a contract in the country in which they reside.
2. The Member shall have the right to sell the products offered by ONEgroup in accordance with the Company's Compensation Plan.
3. The Member agrees to abide by any modifications to the Policies & Procedures or the Compensation Plan reasonably implemented by the Company and provided to the Member.
4. The terms of this Agreement shall be one (1) year from the date of acceptance by the Company, unless earlier terminated by the Company or the Member. Provided the Member does not breach any of the Terms & Conditions of this Agreement, this Agreement will be renewed for successive terms of one year.
5. The Member confirms and acknowledges that the Member is an independent contractor who establishes and services retail customers for the Company's products. The position of "Member" does not constitute an agency or a franchisee/franchisor relationship with the Company. This Agreement is not intended and shall not be construed to create a relationship of employer/employee, agency, partnership or joint venture between and Member and the Company.
6. As an independent contractor, the Member shall:

a) Abide by any and all Federal, State and local laws, rules and regulations pertaining to this Agreement and the acquisition, receipt, storing, selling, distribution or advertising of the Company's products.
b) At the Member's own expense, make, execute or file such reports and obtain such licenses as are required by law or public authority with respect to this agreement and the receipt, storing, selling, distribution or advertising of the Company's products.
c) Be solely responsible for the declaration and payment of all local, State and Federal taxes that may be payable because of the Member's activities or income in connection with this Agreement.
d) Not make any statements or representations regarding the Company's products or Compensation Plan other than those contained in sales aids provided by the Company.

7. Failure to comply with any provision of the Agreement may result in the suspension or cancellation of the Membership.
8. A Member shall be entitled to cancel their Membership at any time and for any reason upon sending written notice to the Company. Upon notification of cancellation, the Company will re-purchase any inventory in accordance with this Agreement.
9. In the event that a dispute arises between the Company and a Member or among Members as to their respective rights, duties and obligations under this Agreement, such disputes shall be exclusively resolved pursuant to the appeal procedure in the Policies & Procedures. Any further dispute shall be submitted to binding arbitration. Such arbitration to be held in Queensland, Australia. The laws of Queensland, Australia, apply. The decision of the arbitrator shall be final and shall be entitled to enforcement in any court of competent jurisdiction.
10. It is expressly agreed by the Member that there are or were no verbal or other written representations, understandings, stipulations, agreements or promises relating to the subject matter of the Agreement not incorporated in writing in this Agreement and that this Agreement constitutes the entire agreement between the parties.
11. The Member understands that the Membership position can be inherited or bequeathed, but cannot be transferred or assigned during the lifetime of the Member without the written consent of the Company, which consent shall not be unreasonably withheld.
12. The Member understands the Company does not discriminate in its acceptance or rejection of applicants because of race, creed, gender, colour or national origin.
13. The Member acknowledges and understands that this Agreement shall not be binding on either party until the Company has accepted it at its Corporate Office.
14. If any provision of the Agreement is found to be invalid all other provisions and clauses shall remain in full force and effect.
15. Trademarks and other Intellectual Property of the Company

a) The Company uses trade names and trademarks to identify itself, its products, its sales and marketing programs, and to be distinguished from competing products and programs offered to the public. The Company, Miesence as well as other names, logos or trademarks, are proprietary to, and have great commercial value to, The Company. Whenever the names and/or marks are misused, the value and effectiveness of the name and/or mark is lessened. Consequently, The Company does everything it can to protect the integrity of the name or mark. For that reason, Representatives have a restricted license to use company names, logos or trademarks, in those materials generated by the Company for the perpetuation of its business pursuant to these Policies and Procedures. Any materials not generated by the Company must be approved by the Company before use in the public domain.
b) No Miessence Represenative may use any Company trademarks, including but not limited to the words ONEgroup, Miessence, MiEnviron, MiVitality, Orient or any derivative of these within their business name, email address, username or website address. Also the use of country names, towns or regions is not permitted as this may be misconstrued as the company’s international office. Representatives must change any name used that contravenes this clause.
c) Representatives must have prior written consent from the Company to use copyright and/or trademarked material, designs, logos, trade names, and or marks that are the property of the Company for materials not generated by the Company.