Independent Marketing Executive Application and Agreement

Independent Marketing Executive Application and Agreement

Complete this Agreement to apply to become a Marketing Executive. If you are not a Customer, complete Sections 4a, 4b, and 4c of the Customer Membership Agreement and attach to this Agreement. (You do not have to be a Customer to become a Marketing Executive.)

Independent Marketing Executive Information

FIRST NAME

INITIAL LAST NAME

SPOUSE'S FIRST NAME

INITIAL LAST NAME

Multiple applicants must be legally married. ADDRESS (For mailing of commission and bonus checks and materials)

CITY

STATE

ZIP

SOCIAL SECURITY NUMBER (Optional)

MOBILE SPOUSE'S MOBILE

HOME/ALTERNATE

If you are applying as a Corporation or a Tax Exempt Entity, other forms are required.

EMAIL

I authorize Melaleuca to send messages to me via automated text. Consent is not required for purchase of goods or services. I can text STOP to end text messages or HELP for added information. Message and data rates may apply. Terms of Use and Privacy Policy at .

Which Category Best Describes Your Goals as a Melaleuca Marketing Executive?

Category 1: I do not plan to refer many Customers or build a business, but I would like to earn commissions if I ever refer a Customer. Category 2: Earn supplemental income. Category 3: Earn significant income.

Personal Production Account (Optional)

To qualify for commissions, you are responsible to produce 29 Product Points each month in your Personal Production Account. If you are a Melaleuca Customer and your household will be purchasing product for your own consumption, your household's purchases can count toward the 29 Product Points. Additionally, you can list other households whose purchases will contribute toward the 29 Product Point requirement. If you are a Member, your household's purchases will more than satisfy your 29 Product Point requirement. If you are a Customer but not a Member, you should list other households to satisfy this requirement. You can add or change names at any time.

I would like the Product Points from my household's purchases to count toward my Personal Production Account. I would like to designate other households whose purchases will count toward satisfying the 29 Product Point production requirement.

NAME

PHONE NUMBER

By signing this form I apply to become a Melaleuca Marketing Executive. I acknowledge that I have carefully read and agree to all the terms and conditions listed in (1) this Independent Marketing Executive Application and Agreement, including those listed separately under the heading "Other Terms and Conditions," (2) the Melaleuca Compensation Plan, and (3) the Melaleuca Statement of Policies, all of which are incorporated in this Agreement and can be amended from time to time. I understand that Melaleuca does not guarantee the success of my business or the income, if any, that I might earn. I understand that my success will depend on my own efforts, skills, and productivity. I understand that this document is an application to become a Melaleuca Marketing Executive and that I am not a Melaleuca Marketing Executive until:

1. Melaleuca has received and accepted this Agreement, 2. I have at least one Personal Enrollee who is an Active Customer, and 3. I receive my first commission payment.

X

Applicant's Signature

Date

X

Spouse's Signature

Date

I may cancel this Agreement for any reason at any time by submitting a written request to Melaleuca bearing the date, my printed name, and my original signature. Written requests can be mailed to Melaleuca.

Mail or fax white copy to Melaleuca, Inc., 4609 West 65th South, Idaho Falls, ID 83402 Enrollments 1-800-262-0600 ? Phone Orders 1-800-282-3000 ? Fax 1-888-528-2090 Applicant keeps yellow copy ? Enroller keeps pink copy

? 2020 Melaleuca, Inc. N? 625

Printed in USA

Rev. 10/20 U 102400625

Other Terms and Conditions | Independent Marketing Executive Application and Agreement

Terms used but not defined herein shall have the meanings as described in Melaleuca's Statement of Policies. (Please read carefully.)

1. I am competent and of legal age to enter into binding contracts in the state in which I enter this Agreement with Melaleuca, Inc.

2. I understand that as a Marketing Executive, I am an independent contractor and not an agent, employee, legal representative, or partner of Melaleuca. I further understand and agree that I will not be treated as an employee for any federal or state law. I agree to pay all applicable federal and state income taxes, self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement.

3. I understand that the acceptance of this Agreement by Melaleuca does not constitute the sale of a franchise or a business opportunity under state or federal law and that there are no exclusive territories granted to anyone. I also understand that I am not acquiring any interest in a security.

4. I understand that my success as a Marketing Executive depends upon my own efforts, skills, and productivity. I do not anticipate receiving income as a result of the efforts of any individual or entity other than myself.

5. I understand that 100% of my monthly Marketing Organization Product Points must be purchased by End Consumers each month. I will not purchase any product or service from Melaleuca solely for the purpose of qualifying for commissions or bonuses.

6. Melaleuca will not be responsible for the loss of any commissions and bonuses or other payments because of errors or delays in receiving agreements, orders, changes, or other necessary information.

7. I have carefully reviewed the Melaleuca Compensation Plan and Statement of Policies and acknowledge that they are incorporated as part of this Agreement in their present form and as modified from time to time by Melaleuca at its sole discretion.

8. Upon 30 days' notice to Marketing Executives, Melaleuca may, at its sole discretion, amend the Compensation Plan, Statement of Policies, and/or this Independent Marketing Executive Application and Agreement and any other written agreements entered into by and between Melaleuca and the Marketing Executives (collectively referred to herein as the "Melaleuca Agreements"). By signing this Agreement, I agree to abide by any and all such amendments and that my only remedy for not accepting any such amendments is to immediately terminate this Agreement prior to the conclusion of the 30-day notification period. The continuation of my Melaleuca business or my acceptance of commissions and/or bonuses from Melaleuca after the 30-day notification period constitutes my acceptance of any such amendments. The parties agree that no rule of contract interpretation shall apply to construe any provision of this Agreement against the drafter.

9. My violation of any of the terms of the Melaleuca Agreements or of any law in the course of my business activities may result, at Melaleuca's discretion, in forfeiture of any future compensation from Melaleuca, cancellation of this Agreement, or other corrective action as specified in the Statement of Policies. If this Agreement is canceled or terminated at any time for any reason, I understand that I will permanently lose all rights as a Marketing Executive, and I agree to waive all rights and claims to my Marketing Organization and to all commissions and bonuses.

10. The Melaleuca Agreements, as amended from time to time by Melaleuca, constitute the entire agreement between Melaleuca and me and no other written or verbal promises, representations, guarantees, or agreements of any kind will be valid unless in writing signed by Melaleuca's President or Chief Executive Officer.

11. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.

12. The term of this Agreement is one year. This Agreement will automatically renew annually on each anniversary of the date hereof, unless otherwise canceled. I can cancel this Agreement at any time by sending a written request to Melaleuca with the date, my printed name, address, and original signature. This Agreement shall not be deemed accepted by Melaleuca and no commissions or bonus will be paid until Melaleuca has received this unaltered signed Agreement, I have at least one Personal Enrollee who is an Active Customer, and I have received my first commission payment.

13. Except as outlined in the Statement of Policies with respect to claims or disputes regarding Policies 12, 20, 21, 31, and 43, to the extent permitted by applicable law, all claims or disputes of any nature between one or more current or former Marketing Executives and Melaleuca (or its officers, shareholders, or employees), if not resolved by mutual agreement, shall be resolved by binding arbitration. The Parties agree that Policy 45 of the Statement of Policies shall apply to arbitration involving the parties. MELALEUCA AND I AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. MELALEUCA AND I ALSO AGREE THAT, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS SUBJECT TO BINDING ARBITRATION. All arbitration hearings shall take place in the State of Idaho. This Agreement shall be governed by the laws of the State of Idaho and the Federal Arbitration Act ("FAA"). If any conflict exists between Idaho law and the FAA, the FAA will govern. This arbitration provision, in whole or in part, shall survive termination, cancellation, or suspension of this Agreement or any portion of this paragraph or Policy 44 of the Statement of Policies.

AS TO CLAIMS OR DISPUTES REGARDING POLICIES 12, 20, 21, 31, AND 43 OF THE STATEMENT OF POLICIES, THE PARTIES AGREE THAT ALL SUCH CLAIMS OR DISPUTES SHALL BE BROUGHT AND MAINTAINED IN BONNEVILLE COUNTY DISTRICT COURT, IN IDAHO FALLS, IDAHO, OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO. THE PARTIES AGREE TO WAIVE ANY DEFENSE THAT THEY MAY HAVE BASED ON LACK OF PERSONAL JURISDICTION OR IMPROPER VENUE AND TO SUBJECT THEMSELVES TO THE JURISDICTION OF ANY SUCH AFORESAID COURT. THE PARTIES AGREE THAT DAMAGES FOR CLAIMS OR DISPUTES REGARDING POLICIES 12, 20, 21, 31, AND 43 OF THE STATEMENT OF POLICIES SHALL INCLUDE, BUT ARE NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND COSTS.

14. If this Agreement is altered by me in any way, it will not be deemed accepted by Melaleuca except in its original unaltered form, regardless of passage of time or payment of commissions by Melaleuca. If this Agreement is altered by me in any way, Melaleuca may, in its sole discretion, deem this agreement to be void ab initio and require that I repay all commissions and bonuses paid to me.

15. I consent to Melaleuca using and publishing online and in print, audio, and video my name, photograph, city and state of residence, compensation paid to me, recognition or awards received by me, and other information that Melaleuca customarily publishes about Marketing Executives.

16. I may not assign my rights or delegate my duties under this Agreement to any person or entity without the express written consent of Melaleuca.

17. I agree to indemnify, defend, and hold harmless Melaleuca and its affiliates, shareholders, officers, directors, and employees from and against any and all claims or liabilities arising from the operation or promotion of my Melaleuca business. MELALEUCA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES FOR ANY REASON WHATSOEVER.

I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL OF MY CHOICE. Rev. 10/20 U

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