INDEPENDENT REPRESENTATIVE AGREEMENT
INDEPENDENT REPRESENTATIVE AGREEMENT
This Independent Representative Agreement is made by said Affiliate and between:
Donna’s Divine Herbals having is registered office at 6 Grey Crescent, Evanston Gardens, Adelaide SA 5116 Australia, hereinafter referred as the Company.
WHEREAS this Agreement is made to appoint they said Affiliate as the Independent Representative for the Company in they said state and country of residence.
- TERRITORY: The Independent Representative's territory will consist of the state and country they reside in. It is understood that the Company shall have the right to select and appoint Distributors in Sales Representative's territory.
- DUTIES OF INDEPENDENT REPRESENTATIVE: The Independent Representative shall use hers/his best efforts to solicit orders for the sale of the Donna’s Divine Herbals, products by presenting Company's products in a clear, understandable, and professional manner. In this regard, Sales Representative will present Donna’s Divine Herbals products and accessories to federal, state, and local law enforcement personnel, wholesalers, retailers, and consumers within the Independent Representative's territory.
- SOLICITATION AND / OR PURCHASE ORDERS: The Independent Representatives' solicitations and/or purchase orders will be conducted in accordance with such procedures, prices, and terms and conditions as Company may specify from time to time. All purchase orders or sales orders are subject to Company's approval.
- NO AGENCY: Independent Representative is an independent contractor and under no circumstances will Independent Representative commit Company to the delivery of Donna’s Divine Herbals products and accessories purport to legally bind the Company in any matter or hold herself/himself out as an employee or agent with legal authority to bind the Company.
- RULES OF CONDUCT: While representing Company, the Independent Representative shall adhere to the following rules of conduct, which include, but are not limited to:
(a) Independent Representative shall not disparage, denigrate, run down, or make any negative comments regarding another manufacturer or competitors' product.
(b) Independent Representative shall not solicit or sell Donna’s Divine Herbals products, or enter a type of arrangement, wherein the sale of Donna’s Divine Herbals products is made conditional in any way on a user's purchase of another company's products.
(c) Independent Representative shall not solicitate Donna’s Divine Herbals with Join Swaps or Join for Join whereas you as a representative join under another company representative in lieu of that other companies’ representative joins under you as a representative for said Company.
(d) Independent Representatives are solely responsible for in participating in Order Swaps and/or Party Swaps, Raffles or Give Away, Donna’s Divine Herbals are not responsible for any dealings they said Independent Representatives enter themselves into with other companies Representatives.
- COMMISSIONS: Subject to the terms and conditions of this Independent Representative Agreement, the Independent Representative shall receive a commission on net sales (excluding freight charges, distributor overages, trade-ins, or upgrades, and/or applicable taxes and discounts taken by the customer) to approved customers in accordance with the following schedule:
(a) (35%) of the total net sales shall be paid to the Independent Representative once per fortnight cycle of payment by the customer to the Company, for orders shipped to customer. Commissions shall be paid into Independent Representative nominated bank account that has been correctly submitted to said Company. Donna’s Divine Herbals takes no responsibility for incomplete and/or incorrect bank account details.
- GOVERNING LAW: This Independent Representative Agreement shall be deemed to have been made in the state of Adelaide SA, Australia and shall be governed and construed in accordance with the laws of the State Adelaide SA, Australia.
- TERMS: This Independent Representative Agreement shall continue until the said Affiliate (in writing to said Company) dissolves Representation to said Company.
- DISPUTES: Any claim, matter or controversy arising out of or relating to this Independent Representative Agreement, or the breach thereof, shall be decided by arbitration in accordance with the Institute of Arbitration of Mediator Australia (IAMA).
16. On completion of submitting the representatives joining form, you will receive a welcome email outlining a number of requests that need to be completed within 24 hours of joining:
- Photo ID
- Current Address
- Current Phone Number
- Current Bank Details (Commission Payments)
If these requests are not submitted in this time frame your submission will be Null and void immediately.
These requests are to be sent by email to donnasdivineherbals@ gmail.com. They are kept and a private and confidently manner.
The Company Independent Owners
By: Kim M Daly By: Tara M Francis
Title: Co-Owner Title: Co-Owner