Hong Kong Independent Associate Application and Agreement
For office use in HK
Hong Kong Independent Associate Application and Agreement Please complete all sections and send the white copy to Mannatech by email, fax or post to the address shown on the right.
© 2013 Mannatech, Incorporated All Rights Reserved
Mannatech Taiwan Unit B, 10F, No. 333 Sec. 2, Dunhua S. Rd., Taipei 106, Taiwan, R.O.C. Tel. +852 3678-9836 Fax. +852 5808-3220 Email: [email protected] www.mannatech.com For distribution in HK only
NEW Associate Information
Sponsor information
surNAME (please print)
Must be completed by enroler prior to submission to Mannatech. (PLEASE PRINT)
❏ ACcount No.
or
❏ application id
country
FIRST NAME(s) (please print) SPONSOR‘S FULL NAME (please print)
BUSINESS NAME (if applicable, please print) ADDRESS (please print)
❏ i agree to the mannatech data protection notice: For full details, please refer to the terms and conditions on the reverse of this form.
POSTCODE (please print) Landline number
please photocopy for your records when downloading from the web
all applicants MUST SIGN
Mobile number
independent Associate AGREEMENT
1. I have read, understood and agree to abide by all terms of the Mannatech Associate Agreement (including the Terms and Conditions set out overleaf, the Policies and Procedures, and the Compensation Plan). 2. I understand that my only financial obligation as a Mannatech Associate during the twelve months following the commencement of this Agreement other than to pay for any goods I order, is to pay the registration fee, which is a minimum amount of . 3. I am over 18 years old, or a parent/guardian of the applicant.
E-MAIL ADdRESS for communications (please print) E-MAIL ADdRESS for commission statements (please print) VAT number (if applicable)
over 18 (please tick)
It is illegal for a promoter or a participant in a trading scheme to persuade anyone to make a payment by promising benefits from getting others to join a scheme.
SHIPPING INFORMATION FOR YOUR PRODUCT PACK
Do not be misled by claims that high earnings are easily achieved.
(IF DIFFERENT FROM MAILING INFORMATION, please print)
ADDRESS
If you sign this contract you have fourteen (14) days in which to cancel and get your money back.
POSTCODE
X
Enroler Information The enroler and sponsor may be the same person or the enroler may place the new Associate under another sponsor in his/her sales organisation. NEITHER THe sponsor nor the enroler receive any bonus, payment or other benefit SOLELY from the registration of a new associate.
❏ ACcount No.
or
❏ application id
Signature
Date
I hereby apply to become a Mannatech Associate. (if this application is on behalf of a company, an authorised officer must sign for the company.)
country
X ENROLER‘S FULL NAME (please print)
For and on behalf of Mannatech Swiss International GmbH, Turmstrasse 28, CH-6300 Zug. Registered in Switzerland CH-170.4.007.550-9.
Payment Information FOR YOUR PRODUCT PACK
=
total amount due with application method of payment ❏ visa®
director
Please tick one option – one only: HK$
□All Star Custom Pack / HK$5,355~5,891 □All Star Optimal Health Pack / HK$5,160
(complete and sign)
❏ mastercard®
□All Star Real Food Nutrition Pack / HK$5,160 □Preferred Ambrotose Pack / HK$1,080
credit / card no.
exp. date
-
X account holder signature (if paying by credit/debit card) date
□Preferred Family Health Care Pack / HK$1,080 □Preferred Real Nutrition Pack / HK$1,200 □Associate Registration Pack / HK$510
account holder name printed
Please be advised that your application may be delayed if all the sections above are not completed.
Product Choices for your Custom Product Pack and/or Associate Automatic Order STEP 1 –
STEP 2 –
Select your Product pack
Select your automatic order
See Page 3 for more information. o account No. or o Application I.D. no.
SHIPPING INFORMATION for your automatic order
DATE
last NAME
FIRST NAME
Custom Pack Options associate price
qty
order value
PRODUCT code
postcode
Automatic order options Product NAME
中 文 品 名
Associate AMO Price
PV
APO
1,220
132
330
1,220
33206
New Advanced Ambrotose 120g
(新)多醣複方營養素120g
670
33306
New Advanced Ambrotose 60g
(新)多醣複方營養素60g
670
72
180
390
37006
New Advanced Ambrotose Capsules
(新)多醣複方營養膠囊
390
42
105
390
12706
Ambrotose AO
多醣草本營養補充膠囊
390
42
105
390
11206
PhytoMatrix
天然植物礦物質維生素營養補充錠
390
42
105
315
11106
PLUS
草本營養補充錠
315
34
85
255
16606
Omega-3 with Vitamin D3
精粹魚油膠囊
255
28
70
550
34306
NutriVerus
多醣蔬果營養補充粉
550
60
150
240
13506
MannaBears
兒童果膠軟糖
240
26
65
SUBTOTAL* SHIPPING
100
TOTAL PACK value
*The shipping fee is HK$100. Every order will include the shipping fee. *The total order value of each order shall not exceed to HK$13,000, or it will generate customs taxes.
ORDER Value
SUBTOTAL SHIPPING
100
TOTAL AUTOMATIC order value**
Please indicate your first shipment date for your automatic order IMPORTANT – Automatic Orders will be generated on or about every 28 days from the date of set up, after verification of payment. This will create 13 shipments per calendar year, one in each four week Business Period.
Payment Information FOR YOUR Automatic order –
QTY
date month YEAR
please select your method of payment (please complete and sign)
❏ visa® ❏ mastercard®
X
credit / card no.
exp. date
✁
card holder signature
-
date
card holder name printed
Direct Deposit Form DIRECT DEPOSIT APPLICATION – PLEASE NOTE: THIS DOCUMENT MUST BE SIGNED BY THE MANNATECH ACCOUNT HOLDER Mannatech pays commissions directly into your bank account via an electronic funds transfer system. In order to receive your payments we would be all of the required information on this form and return it to us with Independent Associate Application and Agreement. Bank Name:
account Name:
Bank Code:
Branch Code:
account no: (no longer than 9 digits)
Product Pack Options (Tick preferred option – ONE only) ALL STAR PACK □ All Star Custom Pack HK$5,355~HK$5,891 Contents: Please select the products you need for Custom Packs, with order value HK$5,355~5,891. MannaBears x 2 & Omega-3 with Vitamin D3 x 1 will be included in the Custom Pack as free gifts.
□ All Star Optimal Health Pack HK$5,160 Contents: PLUS™X 2, PhytoMatrix™ X 2, Manna.Bears™ X 1, Advanced Ambrotose® 120g X 1, Advanced Ambrotose® Capsules X 1, Omega-3 with Vitamin D3 X 2, NutriVerus™ X 1, Ambrotose® AO X 2.
□ All Star Real Food Nutrition Pack HK$5,160 Contents: PLUS™ X 1, PhytoMatrix™ X 1, Manna.Bears™ X 2, Advanced Ambrotose® 60g X 1, Advanced Ambrotose ® Capsules X 1, Omega-3 with Vitamin D3 X 1, NutriVerus™ X 4, Ambrotose® AO X 1.
PREFERRED PACK □ Preferred Ambrotose Pack HK$1,080 Contents: Advanced Ambrotose® 120g X 1
□ Preferred Family Health Care Pack HK$1,080 Contents: Manna.Bears X 1, Advanced Ambrotose® Capsules X 1, NutriVerus™ X 1.
□ Preferred Real Nutrition Pack HK$1,200 Contents: Omega-3 with Vitamin D3 X 1, NutriVerus™ X 2.
ASSOCIATE REGISTRATION PACK □ Registration Pack HK$510 (Please tick preferred option – ONE only)
□ PLUS™ X1
□ Manna.Bears™ x 2
□ PhytoMatrix™ X1
□ Omega-3 with Vitamin D3 X1
□ NutriVerus™ X1
□ Advanced Ambrotose Capsules X1
Associate Application Form – Hong Kong Associate Terms and Conditions 1. Upon acceptance of this application by Mannatech Swiss International GmbH of Turmstrasse 28, 6300 Zug, Switzerland (“Mannatech” or “Company”) and the issuance of an account number, I am authorized as an independent distributor (“Independent Associate” or “Associate”) as of the date of this Associate Application Form & Hong Kong Associate Terms and Conditions. The term of this agreement is one year. 2. As an Independent Associate, I understand that I am an INDEPENDENT CONTRACTOR for all purposes and there is no employer/employee relationship, partnership, agency, or joint venture relationship between an Associate and the Company. Further, I understand that Associates are solely responsible for paying all taxes or duties required by law, including income tax and the proper reporting, submission and payment of tax on all commissions, bonuses, prizes, or incentives earned as an Associate. The Company 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 any sales tax collection agreements between the Company and all appropriate taxing jurisdictions, and all related rules and procedures. 3. I understand that as an Independent Associate: a. I have the right to purchase products and services from the Company at Associate cost; and b. I have the right to offer for sale Mannatech products and services in accordance with these Terms and Conditions; and c. I have the right to register persons in Mannatech; and d. I am an Independent Contractor and not an employee, agent, partner, legal representative or franchisee of Mannatech and as such I am not authorized to, and will not incur any debt, expense or obligation or open any checking account on behalf of, for, or in the name of the Company; and e. I agree that I will be solely responsible for paying all expenses that I may incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses; and f. I will develop and service personal customers as stated in the Mannatech Compensation Plan; and g. I will use the Retail Sales Invoice (Mannatech Online Document 1805901) provided by the Company, which outlines the date of the sale, the name and address of the merchant, buyer’s right to cancel statement (part of these Terms and Conditions), and address where the buyer can send the cancellation notice for the sale of Mannatech products; and h. I understand that I must keep accurate records of retail sales, and that the Company may periodically ask me to provide documentation of such sales to the Company; and i. I will use only the sales contracts and order forms that are provided by the Company for the sale of its products, and I will follow all policies and procedures established by the Company for the completion and processing of such contracts and orders; and j. I will use only Company-approved promotional materials when representing the Company, offering the business opportunity, compensation plan, training other Associates and/or making representations as to the products; and k. I agree to present the Mannatech Compensation Plan and Mannatech products and services, as set forth in official Company literature and that I will make no claims, statements, disclosures, representations or warranties regarding potential income, earnings, products, or services that are not printed in the Company’s literature when either selling the products or meeting with prospective Associates about the Mannatech business opportunity; and l. I understand that in or order to be eligible to receive bonuses and commissions, I will order only enough products for a four-week period to reasonably fill my needs and/or I will resell at least 70% of all products or services that I purchase from Mannatech. All products purchased will be for sale to or use by an end-consumer, and I will not purchase any products or services solely for the purpose of qualifying for overrides, commissions or bonuses; and m. I understand that if I fail to annually renew my Mannatech Associateship, I will lose certain rights as an Independent Associate, including rights to my downline organization, bonuses and commissions pursuant to the Mannatech Compensation Plan until such time that I have renewed my position in accordance with the terms of the then-current Compensation Plan. 4.
5.
I may not assign any rights or delegate my duties under this Agreement without the prior written consent of the Company. Any attempt to transfer or assign this Agreement without the express written consent of the Company renders this Agreement voidable at the option of the Company and may result in termination of this Agreement. I will comply with all applicable laws, ordinances, rules and regulations and will make all reports and remit all withholdings or other deductions as may be required by any applicable law, ordinance, rule or regulation.
6. This Associate Application & Hong Kong Associate Terms and Conditions, inclusive of the Hong Kong Associate Policies and Procedures and the Mannatech Career and Compensation Plan (collectively, all three documents are the “Agreement”)‚ constitutes the entire agreement between Mannatech and me. Any promises, representations, offers or other communications not expressly set forth in this Agreement are of no force or effect. To the extent of any conflict or inconsistency between this Agreement and any other agreement (other than the Hong Kong Policies and Procedures), this Agreement shall supersede and prevail over any term of any other agreement as to the matters addressed herein. To the extent of any conflict or inconsistency between this Agreement and the Hong Kong Policies and Procedures (in their current form or as subsequently modified), the Hong Kong Policies and Procedures shall in all instances supersede and prevail over any term of this Agreement as to the matters addressed herein. 7. I agree to carefully READ and COMPLY with the Hong Kong Policies and Procedures and the Mannatech Career and Compensation Plan, both of which are incorporated into and made a part of this Agreement as noted above. I understand that these Hong Kong Associate Terms and Conditions, the Hong Kong Policies and Procedures, or the Mannatech Career and Compensation Plan may be amended from time to time, and I agree that any revisions or amendments shall become binding for me upon the publication of such revisions on Mannatech Online Documents or as officially announced in any Company communication. The continuation of my Mannatech Associateship or my acceptance of bonuses or commissions shall constitute my acceptance of this Agreement, and any and all amendments. I understand that I must be in good standing, and not in violation of any of the terms of this Agreement, in order to be eligible to earn and receive any bonuses or commissions or incentives from Mannatech. I understand that I shall control the manner and means by which I operate my Mannatech business, subject to my compliance with the Agreement. In the event that a provision of this Agreement 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 Agreement will remain in full force and effect. 8. To the extent permitted by law, the Company, its directors, officers, shareholders, employees, assigns and agents (collectively referred to as “affiliates”) shall not be liable for, and I release the Company and
its affiliates from and waive, all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by me as a result of: (a) my breach of this Agreement or the Hong Kong Policies and Procedures; (b) the promotion or operation of my Associateship and any activities related to it (e.g., the presentation of Mannatech products or the Mannatech Career and Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, or any other activity related to my Mannatech business); (c) any incorrect or wrong data or information provided by me; or (d) the failure to provide any information or data necessary for Mannatech to operate its business, including without limitation, my registration and acceptance into the Mannatech Career and Compensation Plan or the payment of commissions or bonuses. I agree that the entire liability of the Company and its affiliates for any reason whatsoever related to the relationship between me and the Company, including, but not limited to, any cause of action in contract, tort or equity, shall not exceed and shall be limited to the value of the products I have purchased from the Company under this Agreement (or any other agreement with Mannatech) that are in resalable condition. 9. This Agreement will be governed by and construed in accordance with the laws of Hong Kong. I hereby agree that any legal action or proceeding arising out of or in connection with this Agreement may be brought in the courts of Hong Kong and irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts. I acknowledge and agree that the submission to the jurisdiction of the Hong Kong courts shall not (and shall not be construed so as to) limit the right of the Company or myself to take proceedings against the other in any other court of competent jurisdiction, nor shall the taking of proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction. Except as set forth in the Hong Kong Policies and Procedures, all disputes and claims relating to the Agreement, the Company, this application, or Mannatech products and services, the rights and obligations of an Independent Associate or the Company under the Agreement shall be settled totally and finally by arbitration in Hong Kong, or such other location as the Company prescribes, in accordance with the Arbitration Ordinance (Cap. 609). If an Associate files a claim or counterclaim against the Company, an Associate shall do so on an individual basis and not with any other Associate. The decision of the arbitrator shall be final and binding on the parties and may, if need be, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the Agreement. 10. Mannatech Swiss International GmbH of Turmstrasse 28, 6300 Zug, Switzerland (“Mannatech”) collects and records the personal data given by you on this application. This data will be used and retained by Mannatech for processing your application and for fulfilling product orders; for statistical and administrative reasons; for communicating with you about business as a Mannatech Associate and about the Mannatech business; for purposes directly related to such purposes; and for other purposes as shall be agreed between you and Mannatech or required by applicable laws, rules or regulations from time to time. Mannatech may use your personal data to send you e-newsletters, updates and/or other materials to communicate with you about business as a Mannatech Associate and about the Mannatech business. If you do not want to receive such e-newsletters, updates or other materials, please send an email stating this to [email protected]. Mannatech will retain your personal data only for so long as is necessary for fulfilling the specific purposes for which it was collected or for purposes directly related to those specific purposes. Your personal data will generally be kept confidential and will not be disclosed to any other person without your consent, except as described herein. However, as Mannatech is part of the Mannatech group, with companies in the USA, Switzerland, and other third countries, Mannatech may transfer or disclose your personal data to other companies within the Mannatech group and also to third-party service providers carrying out services for Mannatech, as well as to other Mannatech Associates within your line of sponsorship, and such companies, third-party service providers and/or Mannatech Associates may use such personal data, for the purposes for which such personal data was collected. Your personal data may also be disclosed where Mannatech is required to do so by law. By signing the Application Form and Agreement, you consent to the collection, processing, use and transfer of your data for the stated purposes. Your consent remains valid until revoked by you. In accordance with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”), you are entitled to check whether Mannatech holds data about you and to have access to such data. If any such data is incorrect or inaccurate, you have the right to correct or update it. Requests for access to or to correct personal data should be emailed to [email protected]. In accordance with the PDPO, Mannatech is entitled to charge a reasonable fee for processing any data access or correction requests. If you need further information in this regard, please send us an e-mail at [email protected]
X Signature of Applicant
X Signature of CO-Applicant
Date Mannatech Swiss International GmbH Turmstrasse 28 6300 Zug Switzerland (800) 281-4469
in HK
Hong Kong Independent Associate Application and Agreement Please complete all sections and send the white copy to Mannatech by email, fax or post to the address shown on the right.
© 2013 Mannatech, Incorporated All Rights Reserved
Mannatech Taiwan Unit B, 10F, No. 333 Sec. 2, Dunhua S. Rd., Taipei 106, Taiwan, R.O.C. Tel. +852 3678-9836 Fax. +852 5808-3220 Email: [email protected] www.mannatech.com For distribution in HK only
NEW Associate Information
Sponsor information
surNAME (please print)
Must be completed by enroler prior to submission to Mannatech. (PLEASE PRINT)
❏ ACcount No.
or
❏ application id
country
FIRST NAME(s) (please print) SPONSOR‘S FULL NAME (please print)
BUSINESS NAME (if applicable, please print) ADDRESS (please print)
❏ i agree to the mannatech data protection notice: For full details, please refer to the terms and conditions on the reverse of this form.
POSTCODE (please print) Landline number
please photocopy for your records when downloading from the web
all applicants MUST SIGN
Mobile number
independent Associate AGREEMENT
1. I have read, understood and agree to abide by all terms of the Mannatech Associate Agreement (including the Terms and Conditions set out overleaf, the Policies and Procedures, and the Compensation Plan). 2. I understand that my only financial obligation as a Mannatech Associate during the twelve months following the commencement of this Agreement other than to pay for any goods I order, is to pay the registration fee, which is a minimum amount of . 3. I am over 18 years old, or a parent/guardian of the applicant.
E-MAIL ADdRESS for communications (please print) E-MAIL ADdRESS for commission statements (please print) VAT number (if applicable)
over 18 (please tick)
It is illegal for a promoter or a participant in a trading scheme to persuade anyone to make a payment by promising benefits from getting others to join a scheme.
SHIPPING INFORMATION FOR YOUR PRODUCT PACK
Do not be misled by claims that high earnings are easily achieved.
(IF DIFFERENT FROM MAILING INFORMATION, please print)
ADDRESS
If you sign this contract you have fourteen (14) days in which to cancel and get your money back.
POSTCODE
X
Enroler Information The enroler and sponsor may be the same person or the enroler may place the new Associate under another sponsor in his/her sales organisation. NEITHER THe sponsor nor the enroler receive any bonus, payment or other benefit SOLELY from the registration of a new associate.
❏ ACcount No.
or
❏ application id
Signature
Date
I hereby apply to become a Mannatech Associate. (if this application is on behalf of a company, an authorised officer must sign for the company.)
country
X ENROLER‘S FULL NAME (please print)
For and on behalf of Mannatech Swiss International GmbH, Turmstrasse 28, CH-6300 Zug. Registered in Switzerland CH-170.4.007.550-9.
Payment Information FOR YOUR PRODUCT PACK
=
total amount due with application method of payment ❏ visa®
director
Please tick one option – one only: HK$
□All Star Custom Pack / HK$5,355~5,891 □All Star Optimal Health Pack / HK$5,160
(complete and sign)
❏ mastercard®
□All Star Real Food Nutrition Pack / HK$5,160 □Preferred Ambrotose Pack / HK$1,080
credit / card no.
exp. date
-
X account holder signature (if paying by credit/debit card) date
□Preferred Family Health Care Pack / HK$1,080 □Preferred Real Nutrition Pack / HK$1,200 □Associate Registration Pack / HK$510
account holder name printed
Please be advised that your application may be delayed if all the sections above are not completed.
Product Choices for your Custom Product Pack and/or Associate Automatic Order STEP 1 –
STEP 2 –
Select your Product pack
Select your automatic order
See Page 3 for more information. o account No. or o Application I.D. no.
SHIPPING INFORMATION for your automatic order
DATE
last NAME
FIRST NAME
Custom Pack Options associate price
qty
order value
PRODUCT code
postcode
Automatic order options Product NAME
中 文 品 名
Associate AMO Price
PV
APO
1,220
132
330
1,220
33206
New Advanced Ambrotose 120g
(新)多醣複方營養素120g
670
33306
New Advanced Ambrotose 60g
(新)多醣複方營養素60g
670
72
180
390
37006
New Advanced Ambrotose Capsules
(新)多醣複方營養膠囊
390
42
105
390
12706
Ambrotose AO
多醣草本營養補充膠囊
390
42
105
390
11206
PhytoMatrix
天然植物礦物質維生素營養補充錠
390
42
105
315
11106
PLUS
草本營養補充錠
315
34
85
255
16606
Omega-3 with Vitamin D3
精粹魚油膠囊
255
28
70
550
34306
NutriVerus
多醣蔬果營養補充粉
550
60
150
240
13506
MannaBears
兒童果膠軟糖
240
26
65
SUBTOTAL* SHIPPING
100
TOTAL PACK value
*The shipping fee is HK$100. Every order will include the shipping fee. *The total order value of each order shall not exceed to HK$13,000, or it will generate customs taxes.
ORDER Value
SUBTOTAL SHIPPING
100
TOTAL AUTOMATIC order value**
Please indicate your first shipment date for your automatic order IMPORTANT – Automatic Orders will be generated on or about every 28 days from the date of set up, after verification of payment. This will create 13 shipments per calendar year, one in each four week Business Period.
Payment Information FOR YOUR Automatic order –
QTY
date month YEAR
please select your method of payment (please complete and sign)
❏ visa® ❏ mastercard®
X
credit / card no.
exp. date
✁
card holder signature
-
date
card holder name printed
Direct Deposit Form DIRECT DEPOSIT APPLICATION – PLEASE NOTE: THIS DOCUMENT MUST BE SIGNED BY THE MANNATECH ACCOUNT HOLDER Mannatech pays commissions directly into your bank account via an electronic funds transfer system. In order to receive your payments we would be all of the required information on this form and return it to us with Independent Associate Application and Agreement. Bank Name:
account Name:
Bank Code:
Branch Code:
account no: (no longer than 9 digits)
Product Pack Options (Tick preferred option – ONE only) ALL STAR PACK □ All Star Custom Pack HK$5,355~HK$5,891 Contents: Please select the products you need for Custom Packs, with order value HK$5,355~5,891. MannaBears x 2 & Omega-3 with Vitamin D3 x 1 will be included in the Custom Pack as free gifts.
□ All Star Optimal Health Pack HK$5,160 Contents: PLUS™X 2, PhytoMatrix™ X 2, Manna.Bears™ X 1, Advanced Ambrotose® 120g X 1, Advanced Ambrotose® Capsules X 1, Omega-3 with Vitamin D3 X 2, NutriVerus™ X 1, Ambrotose® AO X 2.
□ All Star Real Food Nutrition Pack HK$5,160 Contents: PLUS™ X 1, PhytoMatrix™ X 1, Manna.Bears™ X 2, Advanced Ambrotose® 60g X 1, Advanced Ambrotose ® Capsules X 1, Omega-3 with Vitamin D3 X 1, NutriVerus™ X 4, Ambrotose® AO X 1.
PREFERRED PACK □ Preferred Ambrotose Pack HK$1,080 Contents: Advanced Ambrotose® 120g X 1
□ Preferred Family Health Care Pack HK$1,080 Contents: Manna.Bears X 1, Advanced Ambrotose® Capsules X 1, NutriVerus™ X 1.
□ Preferred Real Nutrition Pack HK$1,200 Contents: Omega-3 with Vitamin D3 X 1, NutriVerus™ X 2.
ASSOCIATE REGISTRATION PACK □ Registration Pack HK$510 (Please tick preferred option – ONE only)
□ PLUS™ X1
□ Manna.Bears™ x 2
□ PhytoMatrix™ X1
□ Omega-3 with Vitamin D3 X1
□ NutriVerus™ X1
□ Advanced Ambrotose Capsules X1
Associate Application Form – Hong Kong Associate Terms and Conditions 1. Upon acceptance of this application by Mannatech Swiss International GmbH of Turmstrasse 28, 6300 Zug, Switzerland (“Mannatech” or “Company”) and the issuance of an account number, I am authorized as an independent distributor (“Independent Associate” or “Associate”) as of the date of this Associate Application Form & Hong Kong Associate Terms and Conditions. The term of this agreement is one year. 2. As an Independent Associate, I understand that I am an INDEPENDENT CONTRACTOR for all purposes and there is no employer/employee relationship, partnership, agency, or joint venture relationship between an Associate and the Company. Further, I understand that Associates are solely responsible for paying all taxes or duties required by law, including income tax and the proper reporting, submission and payment of tax on all commissions, bonuses, prizes, or incentives earned as an Associate. The Company 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 any sales tax collection agreements between the Company and all appropriate taxing jurisdictions, and all related rules and procedures. 3. I understand that as an Independent Associate: a. I have the right to purchase products and services from the Company at Associate cost; and b. I have the right to offer for sale Mannatech products and services in accordance with these Terms and Conditions; and c. I have the right to register persons in Mannatech; and d. I am an Independent Contractor and not an employee, agent, partner, legal representative or franchisee of Mannatech and as such I am not authorized to, and will not incur any debt, expense or obligation or open any checking account on behalf of, for, or in the name of the Company; and e. I agree that I will be solely responsible for paying all expenses that I may incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses; and f. I will develop and service personal customers as stated in the Mannatech Compensation Plan; and g. I will use the Retail Sales Invoice (Mannatech Online Document 1805901) provided by the Company, which outlines the date of the sale, the name and address of the merchant, buyer’s right to cancel statement (part of these Terms and Conditions), and address where the buyer can send the cancellation notice for the sale of Mannatech products; and h. I understand that I must keep accurate records of retail sales, and that the Company may periodically ask me to provide documentation of such sales to the Company; and i. I will use only the sales contracts and order forms that are provided by the Company for the sale of its products, and I will follow all policies and procedures established by the Company for the completion and processing of such contracts and orders; and j. I will use only Company-approved promotional materials when representing the Company, offering the business opportunity, compensation plan, training other Associates and/or making representations as to the products; and k. I agree to present the Mannatech Compensation Plan and Mannatech products and services, as set forth in official Company literature and that I will make no claims, statements, disclosures, representations or warranties regarding potential income, earnings, products, or services that are not printed in the Company’s literature when either selling the products or meeting with prospective Associates about the Mannatech business opportunity; and l. I understand that in or order to be eligible to receive bonuses and commissions, I will order only enough products for a four-week period to reasonably fill my needs and/or I will resell at least 70% of all products or services that I purchase from Mannatech. All products purchased will be for sale to or use by an end-consumer, and I will not purchase any products or services solely for the purpose of qualifying for overrides, commissions or bonuses; and m. I understand that if I fail to annually renew my Mannatech Associateship, I will lose certain rights as an Independent Associate, including rights to my downline organization, bonuses and commissions pursuant to the Mannatech Compensation Plan until such time that I have renewed my position in accordance with the terms of the then-current Compensation Plan. 4.
5.
I may not assign any rights or delegate my duties under this Agreement without the prior written consent of the Company. Any attempt to transfer or assign this Agreement without the express written consent of the Company renders this Agreement voidable at the option of the Company and may result in termination of this Agreement. I will comply with all applicable laws, ordinances, rules and regulations and will make all reports and remit all withholdings or other deductions as may be required by any applicable law, ordinance, rule or regulation.
6. This Associate Application & Hong Kong Associate Terms and Conditions, inclusive of the Hong Kong Associate Policies and Procedures and the Mannatech Career and Compensation Plan (collectively, all three documents are the “Agreement”)‚ constitutes the entire agreement between Mannatech and me. Any promises, representations, offers or other communications not expressly set forth in this Agreement are of no force or effect. To the extent of any conflict or inconsistency between this Agreement and any other agreement (other than the Hong Kong Policies and Procedures), this Agreement shall supersede and prevail over any term of any other agreement as to the matters addressed herein. To the extent of any conflict or inconsistency between this Agreement and the Hong Kong Policies and Procedures (in their current form or as subsequently modified), the Hong Kong Policies and Procedures shall in all instances supersede and prevail over any term of this Agreement as to the matters addressed herein. 7. I agree to carefully READ and COMPLY with the Hong Kong Policies and Procedures and the Mannatech Career and Compensation Plan, both of which are incorporated into and made a part of this Agreement as noted above. I understand that these Hong Kong Associate Terms and Conditions, the Hong Kong Policies and Procedures, or the Mannatech Career and Compensation Plan may be amended from time to time, and I agree that any revisions or amendments shall become binding for me upon the publication of such revisions on Mannatech Online Documents or as officially announced in any Company communication. The continuation of my Mannatech Associateship or my acceptance of bonuses or commissions shall constitute my acceptance of this Agreement, and any and all amendments. I understand that I must be in good standing, and not in violation of any of the terms of this Agreement, in order to be eligible to earn and receive any bonuses or commissions or incentives from Mannatech. I understand that I shall control the manner and means by which I operate my Mannatech business, subject to my compliance with the Agreement. In the event that a provision of this Agreement 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 Agreement will remain in full force and effect. 8. To the extent permitted by law, the Company, its directors, officers, shareholders, employees, assigns and agents (collectively referred to as “affiliates”) shall not be liable for, and I release the Company and
its affiliates from and waive, all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by me as a result of: (a) my breach of this Agreement or the Hong Kong Policies and Procedures; (b) the promotion or operation of my Associateship and any activities related to it (e.g., the presentation of Mannatech products or the Mannatech Career and Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, or any other activity related to my Mannatech business); (c) any incorrect or wrong data or information provided by me; or (d) the failure to provide any information or data necessary for Mannatech to operate its business, including without limitation, my registration and acceptance into the Mannatech Career and Compensation Plan or the payment of commissions or bonuses. I agree that the entire liability of the Company and its affiliates for any reason whatsoever related to the relationship between me and the Company, including, but not limited to, any cause of action in contract, tort or equity, shall not exceed and shall be limited to the value of the products I have purchased from the Company under this Agreement (or any other agreement with Mannatech) that are in resalable condition. 9. This Agreement will be governed by and construed in accordance with the laws of Hong Kong. I hereby agree that any legal action or proceeding arising out of or in connection with this Agreement may be brought in the courts of Hong Kong and irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts. I acknowledge and agree that the submission to the jurisdiction of the Hong Kong courts shall not (and shall not be construed so as to) limit the right of the Company or myself to take proceedings against the other in any other court of competent jurisdiction, nor shall the taking of proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction. Except as set forth in the Hong Kong Policies and Procedures, all disputes and claims relating to the Agreement, the Company, this application, or Mannatech products and services, the rights and obligations of an Independent Associate or the Company under the Agreement shall be settled totally and finally by arbitration in Hong Kong, or such other location as the Company prescribes, in accordance with the Arbitration Ordinance (Cap. 609). If an Associate files a claim or counterclaim against the Company, an Associate shall do so on an individual basis and not with any other Associate. The decision of the arbitrator shall be final and binding on the parties and may, if need be, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the Agreement. 10. Mannatech Swiss International GmbH of Turmstrasse 28, 6300 Zug, Switzerland (“Mannatech”) collects and records the personal data given by you on this application. This data will be used and retained by Mannatech for processing your application and for fulfilling product orders; for statistical and administrative reasons; for communicating with you about business as a Mannatech Associate and about the Mannatech business; for purposes directly related to such purposes; and for other purposes as shall be agreed between you and Mannatech or required by applicable laws, rules or regulations from time to time. Mannatech may use your personal data to send you e-newsletters, updates and/or other materials to communicate with you about business as a Mannatech Associate and about the Mannatech business. If you do not want to receive such e-newsletters, updates or other materials, please send an email stating this to [email protected]. Mannatech will retain your personal data only for so long as is necessary for fulfilling the specific purposes for which it was collected or for purposes directly related to those specific purposes. Your personal data will generally be kept confidential and will not be disclosed to any other person without your consent, except as described herein. However, as Mannatech is part of the Mannatech group, with companies in the USA, Switzerland, and other third countries, Mannatech may transfer or disclose your personal data to other companies within the Mannatech group and also to third-party service providers carrying out services for Mannatech, as well as to other Mannatech Associates within your line of sponsorship, and such companies, third-party service providers and/or Mannatech Associates may use such personal data, for the purposes for which such personal data was collected. Your personal data may also be disclosed where Mannatech is required to do so by law. By signing the Application Form and Agreement, you consent to the collection, processing, use and transfer of your data for the stated purposes. Your consent remains valid until revoked by you. In accordance with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”), you are entitled to check whether Mannatech holds data about you and to have access to such data. If any such data is incorrect or inaccurate, you have the right to correct or update it. Requests for access to or to correct personal data should be emailed to [email protected]. In accordance with the PDPO, Mannatech is entitled to charge a reasonable fee for processing any data access or correction requests. If you need further information in this regard, please send us an e-mail at [email protected]
X Signature of Applicant
X Signature of CO-Applicant
Date Mannatech Swiss International GmbH Turmstrasse 28 6300 Zug Switzerland (800) 281-4469
in HK
