GBG Independent Representative/Customer Agreement
I hereby apply to become a representative of the GBG Corporation (hereinafter "Company") marketing and/or customer program.
As an independent representative, I understand and agree that:
The terms and conditions listed below will apply to any participant with purchases of products.
Independent Representative (IR) and Customers Terms & Conditions Enrollment
(1.) Enrollment in GBG is FREE. As a customer, you are free to order product on a regular autoship basis or sporadically. An enrollee in GBG that would like to be eligible for commissions and bonuses is required to maintain and purchase a product on monthly auto-ship from GBG plus processing fee and state tax., which includes a free IR position.
(2.) Payment for Monthly Autoship must be by Credit Card (Master Card, Visa or Discover) or ACH. Forms of payment for product packages at GBG Sponsored Events are: check, bank draft, money order, cashiers check (made payable to GBG) or credit card (Mastercard, Visa or Discover). Applications submitted without payment information will not be processed.
(3.) Agreement This Agreement shall be deemed in effect upon its receipt and acceptance by GBG in Vacaville, CA. IR understands the Gold and Platinum Position with required product purchase is refundable for 3 business days. If IR cancels within the 3 business days a full refund (less any commissions paid out) is issued. Any commissions that have been paid to the Upline will be charged back on future commission payments. Complete membership kit and a signed release form must be returned prior to refund being issued. Any outstanding monies owed to GBG through chargebacks and outstanding debits will be deducted from any requested refund before a check is processed and sent. If the chargeback owed to GBG exceeds the refund amount, then no refund will be given.
(4.) Accuracy I certify the accuracy of all information provided by me in this Agreement and agree that the providing of false or misleading information authorizes GBG at its election, to declare this Agreement void from its inception.
(5.) Membership Status Member must be 18 years of age, and therefore of legal age, and legally competent in their state of occupancy. IR understands and agrees that he/she is an Independent Contractor responsible for determining his/her own business activities and time spent and is not an agent, employee, partner, franchisee or legal representative of GBG. No GBG Independent Representative, regardless of title or position, is authorized to speak for, act on behalf of, or otherwise obligate GBG in any manner. Individuals, business corporations or partnerships joining GBG using an Employment Identification Number (EIN) or Social Security Number (SSN) may not hold interest in multiple positions by the use of multiple EIN’s or a SSN and an EIN. IR is responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state or regulatory or taxing agency. All members must have a valid address in the U.S., Canada or U.S. Province. Members must provide a valid Social Security, EIN number or Tax ID number in order to be paid any commissions or bonuses.
(6.) Lifetime Membership The Lifetime Membership, with monthly requirements, utilizes all Terms and Conditions set forth in the New Members Booklet and the IR Agreement. Commissions are contingent upon a monthly requirement for personal sales. If the requirement is not met, pay will not be released for that month. When the monthly requirement is met, pay will resume, though not retroactively. Neither Taxes or Shipping and Handling are counted towards the monthly sales requirement. If the monthly requirement is not met for a consecutive period of 6 months, the Lifetime Membership will be terminated. If an IR terminates their membership for whatever reason, the lifetime membership status is terminated.
(7.) Provisions GBG provides the following fulfillment to the Independent Representative: shipment of ordered products within ten business days of the receipt of the order and clearance of funds subject to availability of items ordered. Payment terms on IR purchases: cash, credit card, ACH, bank draft, check or money order. IR commissions are paid pursuant to the GBG Compensation Plan, which is incorporated herein by reference and a full description of which is in the New Members Booklet.
(8.) Product/Orders In the event I choose to purchase GBG products on my credit card or banking debit card, my signature on this Agreement hereby constitutes my authorization to process any order I place to those accounts, and to use this as my “signature on file”. IR’s and their direct customers may choose to have product sent to them on a monthly automatically shipped order (auto ship). If the regular monthly auto ship order falls on a U.S. holiday or weekend the order will be processed within five days. The credit card, ACH or bank draft listed on the account will automatically be charged for this order. Orders with declined bank drafts and ACH, or orders with declined or expired credit cards will not be processed. Attempts may be made by GBG to reprocess the order should a credit card decline, however, GBG makes no assurances that these attempts will be made. The IR and/or customer is responsible for providing current payment information. If payment for shipped products is declined by your Bank you agree to provide payment in full or return all products in unused condition at your own expense. Failure to do so may result in the matter being turned over to a collection agency.
If an order cannot be processed due to payment difficulties, GBG will not be held responsible for monthly purchase requirement shortfalls. Any refund policy or money back guarantees made by GBG on the products sold by GBG are solely intended and will only be extended to the original purchaser of the product. IR’s who resell product are solely responsible to resolve any disputes arising from such a transaction. I agree that I may not alter, repackage, relabel, affix additional labels of information or otherwise change any GBG product, nor will I sell any such product under any other name. GBG reserves the right, at its sole discretion, not to sell to, supply, or do business with any potential customer.
(9.) Regardless of my rank or level of achievement, as a GBG Independent Distributor, I have an ongoing obligation to continue to personally promote new and recurring sales of GBG products through the enrollment of new Independent Distributors and Customers, and to provide ongoing motivation, training and support to my GBG organization. GBG reserves the right to establish whatever guidelines and measurements it deems appropriate to assure my compliance with this policy.
(10.) Primary Emphasis As a GBG IR, I shall place primary emphasis upon the selling of GBG consumer products and or services. Distributors residing in the States of Maine, North Dakota, Michigan, Indiana and West Virginia are limited to $495.00 in purchases as an IR from the company during the first six months of IR status. Permissible IR purchases shall be automatically modified to comply with the exemptions requirement set forth in the states’ law regulating business opportunities.
(11.) No guarantee of Income There is no guarantee of income, nor any assurance of profit or success. Individual incomes earned are solely dependent upon the efforts of each Representative and/or participant of the group. It is understood that a Representative’s income, if any, will consist solely of commissions and bonuses related to the sales and solicitation of orders from the ultimate consumers.
(12.) Territorial Rights Member can conduct business anywhere in the U.S., Canada or U.S. Province as allowed by law, without franchise or territorial restrictions.
(13.) Use of Names, Trademarks, and Logos The GBG name, trademark, and logo (and those of any associated vendor) may only be used with prior written approval from GBG. Any approved use must also indicate the Representatives Independent Representative status. Materials that do not mention GBG or its affiliates by name are the sole responsibility of the Representative.
(14.) Promotional Materials / Products Representatives are prohibited from producing, selling, and using, for the purposes of advertising, promoting or describing GBG goods and services, any materials or products which have not been approved or provided by GBG. No phone numbers or the address of GBG may be used on any materials. GBG may be used on business cards purchased from authorized Vendors.
(15.) Media Inquires To maintain accuracy and consistent image, it is required that all media inquires (including radio, television, and print publication) be referred directly to GBG and requires prior written approval.
(16.) Testimonial Endorsements and Media Release Representative hereby confirms any testimonial endorsements are true and accurate to the best of their knowledge and waive any right of inspections or compensation for such endorsement. Representative hereby releases and discharges GBG, with respect to any endorsement, photograph, audio or video image and its reuse or rebroadcast, from any and all liability that may arise out of or in connection to such endorsement or image.
(17.) Alterations to Member Position Representative may transfer, sell or inherit his or her position according to the guidelines established in the Policies and Procedures section of the New Members Booklet and upon corporate approval.
(18.) Compliance This Agreement with Terms and Conditions along with the Policies and Procedures found in the New Member’s Booklet, incorporated herein by reference, constitute the entire agreement between the parties from here on. I agree that I am solely responsible for my compliance with any and all laws or regulations related to my status in any jurisdiction exercising authority over me, including but not limited to compliance with applicable regulations and the Policies and Procedures published by GBG. I hereby acknowledge that I have access to the Policies and Procedures, the contents of which are incorporated herein by reference. No other additional promises, representations, guarantees, or agreements of any kind shall be valid unless in writing and signed by both an authorized officer of GBG and myself. GBG may modify its IR Compensation Program, and/or its services or product, programs and charges to customers. Any and all modifications made shall upon notice to IR via one or more forms of communication utilizing PATLiVE, Executive Website, events, meetings, etc., become a binding part of this Agreement. The Compensation Plan and its commissions and/or bonuses relating to the sale or other output derived from personal sales, solicitations or orders from consumers, are privileges of my status as an active IR in good standing. I understand that only IR’s in good standing (as such status is determined solely by GBG) may act as Sponsors. GBG in its sole discretion, may reject this Agreement, without disclosing any reason therefore. If this Agreement is not accepted or approved, I release GBG and its officers, directors, agents, advisors and employees from any and all liability incurred by me or by any other person. I waive any associated claim(s) that might be asserted in my interest.
(19.) Jurisdiction The laws of the State of Nevada shall govern this Agreement. The parties agree that any claim, dispute, or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Associations with arbitration to occur in Reno, Nevada.
(20.) Non-Compete An IR may not own or have any interest in, promote or sell, a service or product competing with GBG to any Representative of the GBG organization, during the Term of this Agreement and for a period of one year thereafter.
(21.) An IR can be terminated immediately, at the sole discretion of GBG, and will be informed of such decision in writing. The termination will be in effect from the date of notification by GBG. GBG's decision is final and not subject to further review. An IR can be terminated for any of the following reasons, inclusive of, but not limited to: Cross-Recruiting, Spamming, Fax Blasting, Illegal Sponsoring Practices, Abridgment of Independent Representative Agreement, Use of Non-approved Marketing Literature, Unethical Behavior, Infringement of Copyright, Patent, and Trademark Restrictions, or Failure to Comply with Continuing Sales and Leadership Responsibilities as denoted in section 9 of the GBG Terms and Conditions. An IR will also be downgraded to a Retail Customer if the monthly order requirement is not met for 2 consecutive months.
(22.) Voluntary Cancellation of Membership Representative may cancel this transaction without penalty or obligation no later than midnight of the third business day subsequent to the day of this order. To cancel this order you must mail, wire, fax or deliver, within 3 business days of the sign up date, a signed and dated written notification of your intent to terminate to GBG at the address stated on this application. Once a Representative cancels, the Representative must wait 6 months before reapplying for Membership. Once a Membership is cancelled, no commissions will be paid out to the cancelled IR. *These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
(23.) 60-DAY MONEY BACK GUARANTEE:A (60) day money back guarantee is offered on each of GBG’s products on the purchase price paid, less any shipping and handling fees. This offer is good ONE-Time per product, per Rep/Customer. (Platinum Training Package excluded - 3 day money back guarantee for this Package.) ALL containers used/unused, full/empty must be returned and must arrive back to the warehouse it was shipped from PRIOR to 60 days after shipment. Items being returned for a refund are returned at the customer’s expense and must include written instruction as to why the product was returned. The shipping and handling is only refundable on orders that have not yet been shipped. All returned orders will be charged an additional $1.50 handling fee and are subject to a restocking fee. The restocking fee is 20% of the product price on all deliveries that are refused by the customer. A 20% restocking fee is also applied to all orders returned due to an incorrect address provided by the customer. This fee does not apply to returns of incorrectly shipped product or unfulfilled backorders. Refunds are NOT available on closeout, discontinued, obsolete, or outdated products. Items received for refund after 60 days from shipment date will be returned to the customer at their own expense and no refund will be issued. NO REFUNDS SHALL BE GIVEN BEYOND SIXTY (60) DAYS, NO EXCEPTIONS.Customer will be contacted by email regarding denied refund requests.
*Approved returns must be shipped back to the warehouse it was shipped from.
*The money back guarantee applies to all order types (membership orders, one-time and autoship orders) not exceeding one order per product.
*Any refund policy or money back guarantees made by GBG on the products sold by GBG are solely intended and will only be extended to the original purchase of the product. Please note that some 3rd party independent representatives may make unofficial offers regarding product guarantees that GBG cannot honor. If you have questions about any unusual offers, please contact GBG directly for verification.
EXCHANGES: Must be approved by GBG prior to returning product. Exchanges may only be done on un-opened products. Products expired or discontinued are NOT eligible for exchange. Exchanged product must be equal or greater value (if greater, customer must pay difference). Customer is responsible to pay for shipping (back to the warehouse it was shipped from) to return original order and re-ship exchanged product.
DAMAGED or MISSING ORDERS: Please call GBG Customer Service at 707-453-4650 to report within 15 business days from auto-ship date. The appropriate shipping carrier will be contacted and an investigation will be conducted. (This process can take up to two weeks). Damaged item(s) must be in the original packaging with the entire original casing. No exceptions. All damaged items will be picked up by the carrier and returned to GBG unless otherwise directed by GBG. Upon receipt of the item, a new product will be sent out unless otherwise requested by customer. Items deemed not damaged upon inspection will NOT be refunded or replaced but will be returned to customer at their request and expense.
ALL orders returned due to “Incorrect Address” or “Failed Attempts” will only be reshipped at the customers own expense.
ALL orders returned without written instruction will be contacted. Orders will be held indefinitely until further direction is provided by customer.
ALL returned NSF checks and ACH debits are subject to a $5 fee. ALL stopped payments are subject to a $25 fee.
(24.) Maximum Order Amounts- Product purchases are designed for personal consumption and GBG reserves the right to limit the quantity of products each person purchases. No more than 5 of each individual product is allowed per order. There is also a maximum of 5 accounts allowed per address and credit card holder's name.
*The money back guarantee applies to all order types (membership orders, one-time and auto-ship orders) not exceeding one order per product.
*Any refund policy or money back guarantees made by GBG on the products sold by GBG are solely intended and will only be extended to the original purchaser of the product. There are some programs provided by third parties that GBG is affiliated with and shall be honored in accordance with the third parties restrictions.
Revised 11.5.12 cf