會員條款
Independent Partner T&Cs
BING HAN (USA) ENTERPRISES LIMITED (referred to herein as BH) is a Nevada Corporation extending distribution of their products through direct sales MLM Strategy in United States of America. The Applicant is desirous of becoming a BH Independent Partner (referred to herein as Partner) to sell BH productsand services earning compensation in accordance with BH-USA's Compensation Program and agrees to adhere to the terms and conditions of this Agreement.
1. There is no fee to register and no mandatory purchase requirement to register as an Independent Partner with BH. A Partner is not required to maintain a product inventory.
2. The Applicant is of legal age in the jurisdiction in which he/she resides, which constitutes the home jurisdiction of the Applicant. This Application and Agreement signed by the Applicant becomes effective on the date received and accepted by BH Office. (Faxed Applications will be accepted by BH subject to receipt of the original copy within fifteen (15) days).
3. The Applicant has been introduced to BH by a registered Partner herein referred to as a Sponsor, who is presently in good standing with BH. The Applicant's Sponsor has familiarized the Applicant with BH products and services, Marketing Program, and the Terms and Conditions, Policies and Procedures, Compensation Plan, and BH's American sales procedures.
4. The Applicant acknowledges that neither BH nor the Partner's sponsoring has made any claims of guaranteed profits or representations of expected Profit s. A Partner will not make false statements, disclosures, or potential earning claims or representations in promoting the BH's income opportunity or its product and services other than as printed in official corporate literature.
5. The foundation of BH is built on ongoing retail product sales and service. A qualified Partner agrees to promote product sales on an ongoing basis to consumers. A Partner may be required upon request to show proof of retail sales activities by submitting a copy of their Retail Customer's Sales Receipt. Partner understands that only an authorized Partner who has completed training may present the BH's Compensation Plan at a public presentation.
6. A Partner is wholly responsible for Self Employment Tax, Unemployment Insurance and State and City licensing in their home jurisdiction and / or the jurisdictions in which a Partner conducts business. The Partner holds BH harmless of all liability related to Partners failure to file appropriately or comply with these (unless signed Agreement completed by BH for State Sales Tax submissions).
7. BH shall collect and remit all applicable sales and use taxes on behalf of Distributors. The sales and use taxes are calculated based on the suggested retail price of the product.
8. Since the Business Manual is an indispensable tool required to perform the teaching and training function of an Independent Partner, a Business Manual must purchase at the reception.
9. The Applicant understands that he/she is not guaranteed any income, nor assured of any profits or success, and may earn compensation based solely upon the sale of the BH's products and or services. Only Registered Partners may sponsor a new Partner and earn commissions.
10. This Application does not constitute the sale of a franchise, no exclusive territory will be granted to anyone and no franchise fees have been pad. The Applicant is not acquiring any interest in BH or creating a security by the acceptance of this Agreement. Partner or is not an employee, agent, joint venturer or partner and may not create or incur Iiability and / or obligations of any kind in the name of BH. A Partner will dentify himself or herself at all times as a "Partner" registered w th BH.
11. Partners who sponsor other Partners agree to perform a bona fide supervisory, distributive and selling function in connection with the sale of the Company's products and services to consumers. The Partner agrees to train their spnsored Partners, to have ongoing contact and provide management supervision to his or her sales organization. Examples of such supervision may include, but not limited to: newsletters, e-mail, written correspondence, personal meetings, telephone contact, training sessions, or accompanying individuals to BH training, etc. Partners are required to provide evidence of fulfillment of sponsor supervision responsibilities to the BH office.
12. A partnership or Corporation may hold a Partnership in BH. Applicants will submit their Registered Business numbers and copies of Certificate of Incorporation. The Corporation will appoint one representative/ contact to complete a Partner's Application Form and adhere to BH Policies and Procedures. However, an individual may not participate in more than one level of Partnership.
13. BH must receive this Independent Partner Application in legible form. Secured Internet sign-ups will be considered valid. Faxed copies will suffice to place a new Partner in the Compensation Plan of the sponsoring Partner, however, no bonus or commissions will be paid until the original copy of the Agreement is received in the office. BH reserves the right to accept or reject any application.
14. Husband and wife may each have their own Partnerships, however, under no circumstances may husband and wife be sponsored in different partnership lines. Either the husband or wife must be the sponsor of the other(s). Any attempt at cross-line sponsoring will be terminated by the BH.
15. The term of this Agreement is one (1) year. This Agreement may be automatically renewed on the annual anniversary date of its acceptance by BH.
16. A Partner understands and agrees not to reprint or re-label the Company's product or literature under any other name or label, and refrain from producing, selling, and using for purpose of advertising, promotion, or describing the Company's products, Plan, or any portion of the programs, written, recorded, or any other method of application which has not received prior written approval from the Company.
17. The Partner is not allowed under any circumstances to sell, advertise, or promote at a Company function any products, or var ed business opportunities not directly associated with BH. Partner agrees not to use BH contacts to promote the sale of other products and to hold BH information confidential.
18. Partner will use only BH printed materials when representing BH products, marketing, and compensation program. BH's Partners are not to market products and services on a cold call residential door to door method unless specific authorization has been obtained from the BH for authorized jurisdictions. Partners will make no statements, claims or warrants that are not contained in authorized "printed materials" and further agrees to adhere to principles of ethical business practices protecting BH's formulations, trade names, trademarks and the "Goodwill" attached to BH.
19. Any advertisement which exhibits the BH name, logo, or trademarks must be approved by the company prior to any advertisement. Partners may advertise without company approval, provided that they do not use the corporate name, logo, or trademarks. BH strictly prohibits all Partners from utilizing websites to advertise or promote the products or opportunity, other than official company sponsored and maintained websites.
20. Use Image: Partners who achieves awards and or attends Corporate Training meetings or company functions, herein provides BH authorization to use their photo image, name and the authority to publish their achievement status in corporate Promotional & printed material. Notice to the contrary of this disclosure must be submitted by Partner in writing to BH Office for their exclusion.
21. Payment of Commissions. Commission calculations are based on Retail product activity. Partner's compensation is calculated on a monthly basis and paid on the 15th day of the following month based on Partner's status of achievement and their sales achievements in the pay period. There will be a $1.00 per page administration fee for a printout Genealogy Report.
22. Partner understands and agrees that because of the personal nature of this Agreement it may not be transferred or otherwise assigned without the prior written consent from BH. Consent will not be unreasonably withheld. Change of sponsorship is Prohibited except in extenuating circumstances with written authorization from five consecutive up-line Partners and BH. BH reserves the right to limit, restrict or suspend for a specified period of time all new applications if growth is too rapid to properly service existing Partner.
23. A Partner may not sell, either personally or by making the Product available indirectly, in retail stores, trade show exhibits, swap meets or agencies without written corporate authorization. Partners understand that all advertising, promotional materials and media exposure including TV, radio, or newspaper interviews must first be approved by BH.
24. REFUNDS: (a) Retail customers may return product to their BH Partner or to BH if product was purchased directly from BH. Product must be in re-saleable condition for a 100% refund within the initial 7 days of purchase, from day 8 to 30 receives a refund in the amount of 70% of purchase. Request must be in writing accompanied by copy of original order receipt. (b) Partners may return their retail customer returns to BH when product is in re-saleable, unused condition for a 100% refund within the initial purchase term of 7 days or from 8 to 30 days to receive a 70% refund of Partner Purchase Price, less previously paid compensation paid to the Partners. Product refunds are subject to individual state regulatory requirements. Shipping and handling costs will not be used in calculating the refund amount.
25. Resigning or terminated Partner's product and literature return requests are subject to the provisions of Paragraph 24, except in GA, LA, MA, MD, MT, OK, PR, TX, and WY where they are subject to the greater of the provisions of Paragraph 24, or the Buy-Back statutory provisions of the specific jurisdiction. All Partners' awards made on returned products will be debited from the previously paid commissions and bonuses. Partners will pay shipping postage and restocking costs for returns and accompanied by a Return Partner Number obtained from BH prior to shipping. Refunds will be issued within 20 business days from receipt of approved returned goods. The resigning Partner is not elig ble to be sponsored into BH again for a period of six (6) months following the date of resignation.
26. Partners are not permitted to order unrealistic amounts of product. BH encourages the Partners to purchase only the amount of products they will realistically sell to retail customers on a one-month period and Partners will sell 70% of pervious product purchased prior to re-ordering.
27. Partner understands BH retains all rights to change product pricing, sales aids and materials at any time. BH expressly reserves the right to amend and/or change at any time the Policies and Procedures; the Compensation Plan; the Partner's Application and Agreement; all forms, instruments and documents referred to therein; of design, formulation, and/or availability of any product or part thereof when it is in the best interest of Partners and/or the Company.
28. This Agreement shall be binding upon the successors or assignees of both parties and includes provisions contained in the Policies and Procedures, Rules and Regulations, and Compensation Plan, which are incorporated into this Agreement. The Company reserves the right to terminate any Representative at anytime, or suspend said Representative for a probationary period, when it is determined that the Representative has violated the provisions of the Representative Agreement, including the provisions of the Policies and Procedures or Terms and Conditions as they now exist or may be amended, or the provisions of applicable laws and standards of fair dealing. If the Representative wishes to appeal the termination, BH must receive the appeal, in writing, within fifteen (15) days from the date of mailing of the company's notice of termination.
29. In the event Partners or their legal counsel have questions concerning the regulatory status of BH, they may contact BH in writing. Partners understand and agree that no Regulatory Agency ever endorses or approves any Company or Compensation Plan, product or program and will make no such claims.
30. BH and Partners agree that any claims, dispute or other differences between them shall be exclusively resolved by binding arbitration, pursuant to Commercial Rules of the American Arbitration Association, with one Arbitrator, in Las Vegas, Nevada. Louisiana residents may arbitrate in New Orleans. Any and all costs including lawyer fees incurred on BH as a result of breach of this Agreement by a Partner shall be borne by the Partner. The Partner understands and agrees that a violation of the terms of this Agreement or BH Policies and Procedures may result in the suspension and/or termination of this Agreement.
31. If any provisions of this Agreement or Application thereof to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions and the remain ng provisions are declared to be servable. The BH Policies and Procedures, Terms and Conditions and official corporate Notice to Partners as may be issued periodically together with the Agreements contained in the Application form are incorporated into this Partner Agreement and constitutes the entire agreement between the parties.
32. LANGUAGE CLAUSE: The parties acknowledge that they have requested that the present Agreement, as well as all documents, notices and legal proceedings entered into, given or instituted herein are drawn up in English.
CANCELLATION RIGHTS: A PARTICIPANT IN THE MARKETING PLAN HAS A RIGHT TO CANCEL ANY TIME, REGARDLESS OF REASON; CANCELLATION MUST BE SUBMITTED IN WRITING TO BING HAN.
VIP Customer T&Cs
BING HAN (USA) ENTERPRISES UMITED (referred to herein as BH-USA) is a Nevada corporation extending distribution of their products through direct sales MLM Strategy in united States of America. The Applicant is desirous of becoming a BH-USA “VIP Customer’' and quaIify for a discount on the accumulatIion of his / her purchases In accordance with BH-USA's Compensation Program and agrees to adhere to the terms and conditions of this Agreement.
1. The VIP Customer understands that his/her purchases will be tracked through an I.P. number attached to the Partner who introduced the VIP Customer.
2. The VIP Customer acknowledges that he/she will receive all applicable discounts at point of sale. Therefore, no rebate checks will be issued. The percentage of the upfront discount is as follows:
1 -10 Personal product points (PV) - Five percent (5%) discount .
11 - 30 Personal product points (PV) - Twenty-Five percent (25%) discount.
31 or more Personal product points (PV) - Thirty percent (30%) discount.
Discount calculation is based on USD $135 per PV for Ginseng Powder & Capsule for first 10 PV and USD $170 for all other PV, Subject to change without notice.
3. The VIP Customer understands and agrees not to resell the product. VIP Customers purchase product for personal use only.
4. The VIP Customer has the right to become an Independent Partner by registering in the same manner as any other Independent Partners.
5. A VlP Customer may elect to register for BH's Auto shipment Program and have products shipped directly to the VIP on a monthly basis. AlI rebates will be applied to VIP orders when products shipped direct from BH and the Business Volume will be credited to the Partner who introduced this VIP Customer.
BING HAN (USA) ENTERPRISES LIMITED (referred to herein as BH) is a Nevada Corporation extending distribution of their products through direct sales MLM Strategy in United States of America. The Applicant is desirous of becoming a BH Independent Partner (referred to herein as Partner) to sell BH productsand services earning compensation in accordance with BH-USA's Compensation Program and agrees to adhere to the terms and conditions of this Agreement.
1. There is no fee to register and no mandatory purchase requirement to register as an Independent Partner with BH. A Partner is not required to maintain a product inventory.
2. The Applicant is of legal age in the jurisdiction in which he/she resides, which constitutes the home jurisdiction of the Applicant. This Application and Agreement signed by the Applicant becomes effective on the date received and accepted by BH Office. (Faxed Applications will be accepted by BH subject to receipt of the original copy within fifteen (15) days).
3. The Applicant has been introduced to BH by a registered Partner herein referred to as a Sponsor, who is presently in good standing with BH. The Applicant's Sponsor has familiarized the Applicant with BH products and services, Marketing Program, and the Terms and Conditions, Policies and Procedures, Compensation Plan, and BH's American sales procedures.
4. The Applicant acknowledges that neither BH nor the Partner's sponsoring has made any claims of guaranteed profits or representations of expected Profit s. A Partner will not make false statements, disclosures, or potential earning claims or representations in promoting the BH's income opportunity or its product and services other than as printed in official corporate literature.
5. The foundation of BH is built on ongoing retail product sales and service. A qualified Partner agrees to promote product sales on an ongoing basis to consumers. A Partner may be required upon request to show proof of retail sales activities by submitting a copy of their Retail Customer's Sales Receipt. Partner understands that only an authorized Partner who has completed training may present the BH's Compensation Plan at a public presentation.
6. A Partner is wholly responsible for Self Employment Tax, Unemployment Insurance and State and City licensing in their home jurisdiction and / or the jurisdictions in which a Partner conducts business. The Partner holds BH harmless of all liability related to Partners failure to file appropriately or comply with these (unless signed Agreement completed by BH for State Sales Tax submissions).
7. BH shall collect and remit all applicable sales and use taxes on behalf of Distributors. The sales and use taxes are calculated based on the suggested retail price of the product.
8. Since the Business Manual is an indispensable tool required to perform the teaching and training function of an Independent Partner, a Business Manual must purchase at the reception.
9. The Applicant understands that he/she is not guaranteed any income, nor assured of any profits or success, and may earn compensation based solely upon the sale of the BH's products and or services. Only Registered Partners may sponsor a new Partner and earn commissions.
10. This Application does not constitute the sale of a franchise, no exclusive territory will be granted to anyone and no franchise fees have been pad. The Applicant is not acquiring any interest in BH or creating a security by the acceptance of this Agreement. Partner or is not an employee, agent, joint venturer or partner and may not create or incur Iiability and / or obligations of any kind in the name of BH. A Partner will dentify himself or herself at all times as a "Partner" registered w th BH.
11. Partners who sponsor other Partners agree to perform a bona fide supervisory, distributive and selling function in connection with the sale of the Company's products and services to consumers. The Partner agrees to train their spnsored Partners, to have ongoing contact and provide management supervision to his or her sales organization. Examples of such supervision may include, but not limited to: newsletters, e-mail, written correspondence, personal meetings, telephone contact, training sessions, or accompanying individuals to BH training, etc. Partners are required to provide evidence of fulfillment of sponsor supervision responsibilities to the BH office.
12. A partnership or Corporation may hold a Partnership in BH. Applicants will submit their Registered Business numbers and copies of Certificate of Incorporation. The Corporation will appoint one representative/ contact to complete a Partner's Application Form and adhere to BH Policies and Procedures. However, an individual may not participate in more than one level of Partnership.
13. BH must receive this Independent Partner Application in legible form. Secured Internet sign-ups will be considered valid. Faxed copies will suffice to place a new Partner in the Compensation Plan of the sponsoring Partner, however, no bonus or commissions will be paid until the original copy of the Agreement is received in the office. BH reserves the right to accept or reject any application.
14. Husband and wife may each have their own Partnerships, however, under no circumstances may husband and wife be sponsored in different partnership lines. Either the husband or wife must be the sponsor of the other(s). Any attempt at cross-line sponsoring will be terminated by the BH.
15. The term of this Agreement is one (1) year. This Agreement may be automatically renewed on the annual anniversary date of its acceptance by BH.
16. A Partner understands and agrees not to reprint or re-label the Company's product or literature under any other name or label, and refrain from producing, selling, and using for purpose of advertising, promotion, or describing the Company's products, Plan, or any portion of the programs, written, recorded, or any other method of application which has not received prior written approval from the Company.
17. The Partner is not allowed under any circumstances to sell, advertise, or promote at a Company function any products, or var ed business opportunities not directly associated with BH. Partner agrees not to use BH contacts to promote the sale of other products and to hold BH information confidential.
18. Partner will use only BH printed materials when representing BH products, marketing, and compensation program. BH's Partners are not to market products and services on a cold call residential door to door method unless specific authorization has been obtained from the BH for authorized jurisdictions. Partners will make no statements, claims or warrants that are not contained in authorized "printed materials" and further agrees to adhere to principles of ethical business practices protecting BH's formulations, trade names, trademarks and the "Goodwill" attached to BH.
19. Any advertisement which exhibits the BH name, logo, or trademarks must be approved by the company prior to any advertisement. Partners may advertise without company approval, provided that they do not use the corporate name, logo, or trademarks. BH strictly prohibits all Partners from utilizing websites to advertise or promote the products or opportunity, other than official company sponsored and maintained websites.
20. Use Image: Partners who achieves awards and or attends Corporate Training meetings or company functions, herein provides BH authorization to use their photo image, name and the authority to publish their achievement status in corporate Promotional & printed material. Notice to the contrary of this disclosure must be submitted by Partner in writing to BH Office for their exclusion.
21. Payment of Commissions. Commission calculations are based on Retail product activity. Partner's compensation is calculated on a monthly basis and paid on the 15th day of the following month based on Partner's status of achievement and their sales achievements in the pay period. There will be a $1.00 per page administration fee for a printout Genealogy Report.
22. Partner understands and agrees that because of the personal nature of this Agreement it may not be transferred or otherwise assigned without the prior written consent from BH. Consent will not be unreasonably withheld. Change of sponsorship is Prohibited except in extenuating circumstances with written authorization from five consecutive up-line Partners and BH. BH reserves the right to limit, restrict or suspend for a specified period of time all new applications if growth is too rapid to properly service existing Partner.
23. A Partner may not sell, either personally or by making the Product available indirectly, in retail stores, trade show exhibits, swap meets or agencies without written corporate authorization. Partners understand that all advertising, promotional materials and media exposure including TV, radio, or newspaper interviews must first be approved by BH.
24. REFUNDS: (a) Retail customers may return product to their BH Partner or to BH if product was purchased directly from BH. Product must be in re-saleable condition for a 100% refund within the initial 7 days of purchase, from day 8 to 30 receives a refund in the amount of 70% of purchase. Request must be in writing accompanied by copy of original order receipt. (b) Partners may return their retail customer returns to BH when product is in re-saleable, unused condition for a 100% refund within the initial purchase term of 7 days or from 8 to 30 days to receive a 70% refund of Partner Purchase Price, less previously paid compensation paid to the Partners. Product refunds are subject to individual state regulatory requirements. Shipping and handling costs will not be used in calculating the refund amount.
25. Resigning or terminated Partner's product and literature return requests are subject to the provisions of Paragraph 24, except in GA, LA, MA, MD, MT, OK, PR, TX, and WY where they are subject to the greater of the provisions of Paragraph 24, or the Buy-Back statutory provisions of the specific jurisdiction. All Partners' awards made on returned products will be debited from the previously paid commissions and bonuses. Partners will pay shipping postage and restocking costs for returns and accompanied by a Return Partner Number obtained from BH prior to shipping. Refunds will be issued within 20 business days from receipt of approved returned goods. The resigning Partner is not elig ble to be sponsored into BH again for a period of six (6) months following the date of resignation.
26. Partners are not permitted to order unrealistic amounts of product. BH encourages the Partners to purchase only the amount of products they will realistically sell to retail customers on a one-month period and Partners will sell 70% of pervious product purchased prior to re-ordering.
27. Partner understands BH retains all rights to change product pricing, sales aids and materials at any time. BH expressly reserves the right to amend and/or change at any time the Policies and Procedures; the Compensation Plan; the Partner's Application and Agreement; all forms, instruments and documents referred to therein; of design, formulation, and/or availability of any product or part thereof when it is in the best interest of Partners and/or the Company.
28. This Agreement shall be binding upon the successors or assignees of both parties and includes provisions contained in the Policies and Procedures, Rules and Regulations, and Compensation Plan, which are incorporated into this Agreement. The Company reserves the right to terminate any Representative at anytime, or suspend said Representative for a probationary period, when it is determined that the Representative has violated the provisions of the Representative Agreement, including the provisions of the Policies and Procedures or Terms and Conditions as they now exist or may be amended, or the provisions of applicable laws and standards of fair dealing. If the Representative wishes to appeal the termination, BH must receive the appeal, in writing, within fifteen (15) days from the date of mailing of the company's notice of termination.
29. In the event Partners or their legal counsel have questions concerning the regulatory status of BH, they may contact BH in writing. Partners understand and agree that no Regulatory Agency ever endorses or approves any Company or Compensation Plan, product or program and will make no such claims.
30. BH and Partners agree that any claims, dispute or other differences between them shall be exclusively resolved by binding arbitration, pursuant to Commercial Rules of the American Arbitration Association, with one Arbitrator, in Las Vegas, Nevada. Louisiana residents may arbitrate in New Orleans. Any and all costs including lawyer fees incurred on BH as a result of breach of this Agreement by a Partner shall be borne by the Partner. The Partner understands and agrees that a violation of the terms of this Agreement or BH Policies and Procedures may result in the suspension and/or termination of this Agreement.
31. If any provisions of this Agreement or Application thereof to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions and the remain ng provisions are declared to be servable. The BH Policies and Procedures, Terms and Conditions and official corporate Notice to Partners as may be issued periodically together with the Agreements contained in the Application form are incorporated into this Partner Agreement and constitutes the entire agreement between the parties.
32. LANGUAGE CLAUSE: The parties acknowledge that they have requested that the present Agreement, as well as all documents, notices and legal proceedings entered into, given or instituted herein are drawn up in English.
CANCELLATION RIGHTS: A PARTICIPANT IN THE MARKETING PLAN HAS A RIGHT TO CANCEL ANY TIME, REGARDLESS OF REASON; CANCELLATION MUST BE SUBMITTED IN WRITING TO BING HAN.
VIP Customer T&Cs
BING HAN (USA) ENTERPRISES UMITED (referred to herein as BH-USA) is a Nevada corporation extending distribution of their products through direct sales MLM Strategy in united States of America. The Applicant is desirous of becoming a BH-USA “VIP Customer’' and quaIify for a discount on the accumulatIion of his / her purchases In accordance with BH-USA's Compensation Program and agrees to adhere to the terms and conditions of this Agreement.
1. The VIP Customer understands that his/her purchases will be tracked through an I.P. number attached to the Partner who introduced the VIP Customer.
2. The VIP Customer acknowledges that he/she will receive all applicable discounts at point of sale. Therefore, no rebate checks will be issued. The percentage of the upfront discount is as follows:
1 -10 Personal product points (PV) - Five percent (5%) discount .
11 - 30 Personal product points (PV) - Twenty-Five percent (25%) discount.
31 or more Personal product points (PV) - Thirty percent (30%) discount.
Discount calculation is based on USD $135 per PV for Ginseng Powder & Capsule for first 10 PV and USD $170 for all other PV, Subject to change without notice.
3. The VIP Customer understands and agrees not to resell the product. VIP Customers purchase product for personal use only.
4. The VIP Customer has the right to become an Independent Partner by registering in the same manner as any other Independent Partners.
5. A VlP Customer may elect to register for BH's Auto shipment Program and have products shipped directly to the VIP on a monthly basis. AlI rebates will be applied to VIP orders when products shipped direct from BH and the Business Volume will be credited to the Partner who introduced this VIP Customer.