Agent Agreement

As an Independent Sales Agent, Sales Leader or Appointment Setter, I understand and agree:

  1. I will promote and sell Company products and services to customers as an introductory agent on behalf of Company. In this agreement, Company products shall mean both the current range of services and such further services and/or products which may be supplied by Company in addition to, or in substitution for, those services from time to time.

  2. I will not sell Company services on the Internet or in any public, retail or service establishments.

  3. I will present Company services in a truthful, sincere and honest manner, and I will conduct myself in a manner that reflects the highest standards of integrity and responsibility in keeping with the reputation of Company.

  4. I will not accept orders for purchases which I know to be for unreasonable volumes, for example if the purchaser had no need of the services within a reasonable period.

  5. I will make personal or telephone contact with consumers only in a reasonable manner and during reasonable hours, normally not before 8am or after 9pm and I will inform the consumer that the purpose of the visit is to solicit or confirm an order for Company services.

  6. I will not demonstrate or sell any other services competitive to Company, including any services provided personally by me, as part of my business.

  7. I will make only such verbal or written service claims with respect to service efficacy as are authorized by Company.

  8. When making an appointment to visit a consumer, I will:

    1. inform the consumer as to the purpose of the visit;

    2. if the visit is likely to last more than 15 minutes, inform the consumer as to the likely length of the visit; and

    3. where services are intended particularly for the elderly or infirm, check for any vulnerability (lack of understanding etc) that the consumer might have. In such cases, I will use an effective screening system able to identify vulnerable consumers and take all reasonable steps to ensure that the vulnerability is not exploited, even unintentionally.

  9. I will protect Company’s trademarks and trade name by not reproducing Company’s name and/or trademarks or copy any of Company’s materials for use in any advertising without the prior written approval of Company.

  10. I am an independent contractor; I am not an employee, partner or franchisee of Company. I cannot act on behalf of, represent, or conclude any contracts on behalf of Company, save for the collection and transmission of orders for Company services at prices approved by Company; I do not have any authority to incur any debt, obligation or liability on behalf of Company. It is up to me to decide whether to work at all, and if so, for how many hours. I am not covered by any employment protection legislation and I will not be treated as an employee with respect to this agreement for any tax or legal purposes, or otherwise. I agree to abide by all laws relating to my business. I will be responsible for my conduct in relation to my business with Company and will indemnify Company as regards any claims against Company and/or myself arising out of my conduct. I will maintain adequate insurance against all relevant risks including public liability. I confirm that I have the right to work in the UK and will produce, upon request, documentation to confirm my right to work in the UK. I hereby indemnify Company in respect of all and any claims, expenses, costs or liabilities against it arising from or in connection with my right to work in the UK.

  11. I will present Company’s business opportunity in a truthful manner. I will abide by all legal requirements and the Codes of the Direct Selling Association (DSA). I acknowledge that Company may not be a member of the DSA, either now or subsequently. I will not make any misleading earnings claims. I will accept recruiting responsibilities by ensuring that any prospective recruit is 18 years of age or older.

  12. I will submit orders to Company in the manner prescribed by Company. I understand that all orders are subject to acceptance by Company.

  13. I understand that information and materials provided to me contain confidential and proprietary information of Company. I will not use, disclose or reproduce these materials other than for my business without the prior express written consent of Company.

  14. I understand that commissions will be paid in accordance with the Compensation Plan and that I must comply with and not be in breach of any of the terms of the Agreement in order to be eligible for payment. The Compensation Plan may include provisions whereby commission may be withheld pending the expiry of customer cancellation rights. I understand that Company may suspend or revoke payment of commissions paid up to 12 months after payment if I am in breach and I authorize Company to deduct from commissions, overrides or other amounts due to me, amounts owed by me to Company which are due at the time of the deduction. Company may recover from me commissions paid in respect of returned products or cancelled services.

  15. I agree that personal information provided to Company may be retained and processed by Company manually and/or on a computer database, disclosed and transferred to Company and its affiliates and to other persons situated outside the European Economic Area for use by Company for business purposes. Personal information includes, but is not limited to, my name and address, and other information relating to me and information may be disclosed to third parties for Company’s business purposes unless I notify Company that I do not   want such information released. I also agree that such information pertaining to customers belongs to Company and that Company reserves the right to assure continued service to customers if I cease to be an active Independent Sales Agent, Sales Leader or Appointment Setter. I will take appropriate steps to protect the security of personal data in my possession.

  16. In the supply of promotional or training literature (sales aids) in hard copy or electronic form I will:

    1. utilise only materials that are approved by Company or comply with the same standards to which Company adheres;

    2. not require any other Independent Sales Agent or ISA to purchase any sales aids or other materials that are supplied by Company;

    3. ensure that sales aids and other materials are not misleading or deceptive

  17. I cannot transfer or subcontract this agreement or my appointment as an ISA or Sales Leader to any person or entity. As an independent contractor, I am entitled to arrange for such assistance in the conduct of my business as I deem appropriate.

  18. I may cancel this Agreement without penalty within fourteen (14) days of entering it

  19. Cancellation may be affected by sending a written notice to Company at its address stated below or via email to info@ftfsolutions.co.uk. Such notice must contain my full name, ISA or Sales Leader number and address.

Company understands and agrees:

  1. Independent Sales Agents, Sales Leaders or Appointment Setters will be entitled to earn commission income based on sales of Company services.

  2. In addition to commissions, Company may provide additional awards and privileges to “active” ISAs and Sales Leaders, as defined from time to time.

  3. Company will calculate and pay commissions in accordance with the then current Company-published commission schedules. Company may change commissions, incentive program rules and active sales requirements at any time with thirty (30) days’ prior written notice to ISAs and Sales Leaders.

  4. ISAs and Sales Leaders have no financial obligation during the term of this agreement.

Self Billing Agreement

  1. Company agrees;

    1. To issue self-billed invoices for all supplies made to them by the self-billee (Agent) until further notice

    2. To complete self-billed invoices showing the Agent’s name, address and VAT registration number, together with all the other details which constitute a full VAT invoice.

    3. To make a new self-billing agreement in the event that their VAT registration number changes.

    4. To inform Agent if the issue of self-billed invoices will be outsourced to a third party.

  2. Agent agrees

    1. To accept invoices raised by the Company on their behalf until further notice.

    2. Not to raise sales invoices for the transactions covered by this agreement.

    3. To notify Company immediately if they;

      1. change their VAT registration number

      2. cease to be VAT registered, or

      3. sell their business or part of their business

General

  1. This agreement is subject to acceptance by Company confirmed by its issue of an Independent Sales Agent, Sales Leader or Appointment Setter number.

  2. This agreement is effective for 12 months from the date of acceptance. It may be automatically renewed for additional terms of one year.

  3. An ISA or Sales Leader may terminate this agreement at any time by giving written notice to Company. Company may terminate this agreement for breach immediately or for any reason upon 30 days written notice.

  4. No ISA or Sales Leader or former ISA or Sales Leader may set up in competition with Company for a period of 6 months following the termination of this agreement.

  5. No ISA or Sales Leader or former ISA or Sales Leader may directly or indirectly solicit or attempt to solicit customers, employers or other ISA or Sales Leaders of Company for a period of 6 months following the termination of this agreement.

  6. If any provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

  7. If this agreement is terminated by either party for any reason, commissions will no longer be payable from the date of termination.

  8. These terms and conditions, Company’s Policies & Procedures and Compensation Plan, all as may be modified from time to time in writing issued by an authorised Company Director (and in no other way) together constitute the entire agreement between the parties concerning its subject matter. Neither party shall have any claim against the other (save for fraud or misrepresentation) except as may arise from breach of the express terms of this agreement. It cannot be altered, modified or changed through any suggestions, advice, guides or sales aids provided by Company.

  9. This agreement shall be governed by English law.