Now you have decided to join the Flaschengeist Team it is time to register below. Read through the Agreement, Terms & Conditions and Declaration and proceed to filling out all your details you are on your way to launching your new career and Living Life Your Way with Flaschengeist.
ELECTRONIC CONSULTANT AGREEMENT
This Consultant Agreement (hereinafter referred to as the "Agreement") is made and entered into as of today, date of agreement to terms and conditions (hereinafter referred to as the "Effective Date"), by and between _______________________________ (hereinafter referred to as the "Consultant") and Flaschengeist Australia Pty Ltd, (hereinafter referred to as the "Company") whose offices are located at 28 Sunbeam Road, Glynde, South Australia, 5070, hereinafter collectively referred to as the Parties.
WHEREAS, the Company desires to retain the Consultant to sell and market the companies products made available at the time.
AND WHEREAS, the Consultant wishes to sell and market the Goods on behalf of the Company in return for a commission fee , and where appropriate, have access to discounted consultant products.
NOW, THEREFORE, in consideration of the foregoing and the mutual promise and covenants contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
INDEPENDENT CONSULTANT RELATIONSHIP
The Consultant's relationship with said Company will be that of an independent consultant and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. No part of Consultant’s compensation will be subject to withholding by Company for the payment of any, federal, state, or any other employee payroll taxes.
a. The Consultant and the Company agree that the Company shall retain the Consultant to sell and market the Goods on behalf of the Company and the Consultant shall have the (non-exclusive/exclusive) right to sell and market the goods on behalf of the Company.
b. The Consultant shall sell and market the Goods at the prices set by the Company, and at no time shall the Consultant sell the Goods for any other price(s), unless specified by the Company to the Consultant in writing.
c. The Consultant shall at all times, identify himself/herself as a duly authorized and appointed Consultant of the Company for the purposes of selling or marketing the Goods
COMPLIANCE WITH LAWS, RULES AND REGULATIONS
Obeying the law, is the foundation on which this Company’s ethical standards are built. All personnel, suppliers and third party associates must respect and obey the laws, rules and regulations of the cities, states and countries in which we operate.
Of paramount importance are the laws relating to the on-selling of alcohol by unauthorised personnel of the Company. It is illegal for any party other than the Licensee to sell or promise to sell alcohol to any other party. Breaches of the law are prohibited and will be dealt with by immediate termination of trade arrangement with the Company. Suspected breaches of this MUST be reported immediately following the procedure as outlined in Section 14 of this Code.
On-selling of alcohol includes the “pre-selling” or of items belonging in consultants “kit” or personal bottles whilst ordering replacements, or upon termination of the trade arrangement with the Company.
Special Conditions apply to activity in the state of Queensland – to be provided via training by the company to the consultant upon joining.
a. Consultant is responsible for a one-time start-up fee which includes a start-up kit to be determined by the Company. No specific inventory requirements exist in order to maintain status as an active independent consultant
b. Additional bumper kits are available for a once off purchase, at a discounted rate for consultants only.
c. Whilst additional product purchases may be made at Consultant’s sole discretion, only “Senior Consultants” are able to purchase New Release Kit Updates & order at consultant prices.
d. Consultant order approvals are at the discretion of Head Office.
e. Consultants will receive a base 25% commission on their sales with a sliding scale up to 45% Commission, as well as tier levels for additional bonus incentives.
INTELLECTUAL PROPERTY RIGHTS
The Consultant hereby acknowledges and agrees that he/she will not hold any intellectual property rights in or to any of the Goods and that the Company owns all intellectual property rights to the Goods.
TERMINATION OF TRADING WITH THE COMPANY
Either party has the right to terminate this agreement. To terminate a trading agreement with the Company, the Company requires written correspondence from the consultant, or should the company put this into effect, written correspondence will be provided. The Company will take on the responsibility of finalizing any outstanding orders on the personnel’s behalf. Depending on the circumstances, personnel are reminded that they may be required to assist the company to fulfill any outstanding obligations to the Company’s customers.
On ceasing trading with the Company, personnel remain responsible for providing to the Company all customer details, party details, orders and continuing customer support until such time as all orders have been finalized. Personnel agree to assist the Company in the finalisation of all parties (including possible breakages / refunds) that commission has been received on, for a fair and reasonable time thereafter to allow for the Company to carry on and fulfill these service obligations.
The Company will also report all illegal retention of either money or goods which belong to the Company or its customers, to the authorities.
Personnel ceasing their trading arrangement with Flaschengeist must continue to abide by the laws relating to the on-selling of alcohol. Non authorised persons should note that it is illegal for any party other than the Company who is the Licensee to sell or promise to sell alcohol to any other party. Breaches of the law are not only prohibited by Flaschengeist but will be dealt with by being immediately reported to the relevant authority.
CONFIDENTIALITY & RECORD KEEPING
All non-public information about the Company should be considered confidential information. All information concerning the company; and including, but not limited to; all information stored on the Flaschengeist Direct Sales Consultant website (hereinafter referred to as “Octopus”) remains at all times property of the Company. This information is not the property of the personnel and must not be used for any purpose other than that intended by the Company, either during their trading period with the Company or within a reasonable amount of time thereafter. No payment card data should ever be stored by personnel except in the manner as outlined by the Company, necessary to meet the needs of the business.
FUTURE AMENDMENTS TO THIS AGREEMENT
This document allows for future updates or amendments which if made, will override this signed agreement. Any and all amendments will be provided to all personnel affected by the amendments and will be posted on the Company Trading Website (“Octopus”) and will be forwarded to personnel via their relevant Team Managers. The onus is on the Consultant to ensure they are keep abreast of any changes or updates that may affect their obligations. Refer to compensation plan for further information – compensation plan is subject to change with 30 days’ notice.
SOCIAL MEDIA PROMOTION & ADVERTISING
The primary focus of all social media sites associated with the Company is to promote the Company’s products and brand. All forms of social media used by personnel must be approved by Head Office, prior to circulation or public release. Social media includes Facebook, Twitter, Instagram, Blogs and any other medium that might be similarly used by personnel to promote Flaschengeist. Social Media approval does not authorise the personnel to create or maintain a website, or any social media site that purports the personnel to be anything other than a sub-contractor with a trading agreement with Flaschengeist.
All social media sites, that promote a Consultants ‘business’ as a Party@Home Consultant must be set up in such a manner to allow their immediate Leader administration access at all times, and must at all times remain professional in their content, and conform to Flaschengeist Social Media Policies & Guidelines. All images, logos, branding and other Intellectual Property of Flaschengeist remains the property of Flaschengeist at all times. Flaschengeist retains the right to protect its Intellectual Property Rights by legal means where necessary. Your business Facebook account must be a page and be separate to your own personal accounts to avoid any confusion.
Acceptable Flaschengeist Facebook Page Names: Flaschengeist with Sally (unless taken include your last name) Flaschengeist with Sally Smith
If a social media site is seen to be infringing on the Companies rights in any way, or is not being conducted in a professional manner, or is displays behaviour of a derogatory manner towards the Company, its’ products or brand name, its personnel or customers, then appropriate action will be taken.
All consultants are advised to create a new Flaschnegeist email address when starting their new business. This email is to be seperate to any personal addresses already used, examples of approved addresses (these link to your new Flaschengeist Facebook Page too)
firstname.lastname@example.org (or if already taken) email@example.com
Account registration may be delayed if any email address being used are deemed inappropriate or unrelated to Flaschengeist
ONLINE SALE OF PRODUCT
Online sale of products from the Flaschengeist product range is not permitted, including sales through a shopping cart or any other e-commerce system hosted by a registered external website or any other website, except through Flaschengeist approved website. This includes online discount stores such as EBay, Gumtree etc. Soliciting sales of any currently or formerly available Flaschengeist products through online classified advertisements or online auctions is not permitted. This rule remains in place even after Consultant ceases to be active.
DIGITAL, MEDIA AND PUBLIC RELATIONS
The Consultant may produce original video, audio or photo content to assist with the development of his or her business, provided these materials comply with all relevant laws and the requirements of this Agreement. Written permission must be obtained from Flaschengeist if the materials contain Flaschengeist logos or associated trademarks, any images from Flaschengeist materials or any claim about or reference to Flaschengeist, its associated companies, operations or any of its products. All inquiries from any news or social media organisation and/or representatives of any media organisation must, without exception, be referred to Flaschengeist’s Head Office Team. Consultant must not initiate contact with or provide comment to any media organisation and/or a representative of a media organisation without prior written authorisation from Flaschengeist
SUPPORTING YOUR DOWNLINE
By sponsoring a new Independent Consultant into the business, the Consultant accepts responsibility for the training and support of the new Independent Consultant and must be reasonably available to support those in the downline organisation. As a sponsor, it is the responsibility of each Consultant to answer all questions within their capacity asked by their new consultant. In the event the question cannot be answered, the questions should be directed to the Manager, and eventually to the appropriate representative of Flaschengeist Head Office.
IMPORTANT - before agreeing you MUST READ this contract document
I, as the Applicant declare and acknowledge that I am over the legal age of 18 years on the date which this application has been submitted to Flaschengeist / EzyGifts, and that the information I have provided in this application is true and correct. I understand that I am not in the strict legal sense to be considered an employee, agent or partner of Flaschengeist / EzyGifts, but as an Independent Contractor Consultant for Flaschengeist / EzyGifts and acknowledge that the word “Consultant” is used as part of the publicity in the concept of Flaschengeist / EzyGifts. I acknowledge that the payments of taxes, contributions and insurances are my own responsibility as an Independent Contractor.
I acknowledge that if my application is approved I will be regarded as a Flaschengeist / EzyGifts Independent Contractor Consultant and in order to display the products of Flaschengeist / EzyGifts I will be provided with a heavily subsidised demonstration kit for which I agree to pay the prescribed amount.
I indemnify Flaschengeist / EzyGifts against all claims or actions that may arise as a result of my activities. I agree not to enter into any contracts, agreements or arrangements on behalf of Flaschengeist / EzyGifts by using the company name. I acknowledge that prior to completing this application I have read and fully understand the agreement and if approved accept the terms and conditions contained therein and will abide by them.
I acknowledge that to be an “active” Independent Contractor Consultant I must complete a minimum of 2 Tasting Experiences each month (min. of $600 net sales). I also acknowledge that I am only able to purchase consultant products, once at a Senior Consultant Level in the Compensation Plan. The Company has the right to terminate your trading commitment, in writing, if you do not reach this minimum obligation. Notification will be given in writing via email and will take effect immediately (unless pre or express approval has been given for exceptional circumstances to override this activity status).
.At all times I acknowledge as an Independent Contractor Consultant I am responsible for all monies collected from parties or customers which is to be used solely to pay for Flaschengeist / EzyGifts orders & products.
Flaschengeist Australia Pty Ltd & EzyGifts Pty Ltd at no time will be held accountable for any loss or theft of monies. If the company is made aware of either incident, warnings will not be issued, but the
Independent Contractor Consultant will be dismissed instantly from representing Flaschengeist Australia Pty Ltd & EzyGifts Pty Ltd and criminal charges will be laid.
I understand that I may cease trading with the Flaschengeist / EzyGifts at any time provided that I let Flaschengeist / EzyGifts know in writing. On cessation of trade (or at any other relevant time) I may return all unopened stock to Flaschengeist for the option of a refund. I MUST NOT AT ANYTIME directly sell any of Flaschengeist’s products either during the trading period or on cessation of trade. It is illegal to do this and I acknowledge that I will be prosecuted by the Flaschengeist EzyGifts
I acknowledge that by electronically ticking Yes to the Terms and Conditions that I am I accept the Terms and Conditions Laid out in this document.