Terms & Conditions - Distributor

Associate Application & Agreement

  1. I agree that I am competent and of legal age to enter into binding contracts. 
  2. I agree that by submitting this Associate Application I am requesting that EnerUp World Inc. (“EW”) accept my application and enter into an agreement with me on the terms specified.  If EW accepts my application and enters into the agreement with me it will notify me of same by sending a confirmation e-mail.  My submission of this application is my consent to receive such an e-mail. 
  3. I have carefully read this Associate Application & Agreement, as well as the EW Compensation Plan, and Policies and Procedures, and understand that if my application is confirmed that all three of these documents will collectively form the “Agreement” between the parties, subject to the terms below. 
  4. I understand that as an EW Associate that EW will grant me the right to: (a.) purchase EW products at a wholesale price, (b.) offer EW products and services for sale, (c.) build an EW sales organization by sponsoring new EW Associates, (d.) earn commissions pursuant to the EW Compensation Plan provided I meet certain requirements.
  5. I understand that as an EW Associate, I am an independent distributor, not an agent, employee, partner, legal representative, or franchisee of EW. I also acknowledge that my relationship is with EW and not with any contractor, business, or supplies with whom EW transacts or does business with.  The terms of my relationship with EW are set out in further detail in the EW Policies and Procedures.  I agree that I am not authorized to, and will, not negotiate, conclude and/or enter into any contract or agreement to bind EW, or incur any debt, expense, or obligation, or open any chequing account on behalf of, for, or in the name of EW.  I UNDERSTAND THAT I WILL NOT BE TREATED AS AN EMPLOYEE OF EW FOR ANY FEDERAL OR PROVINCIAL PURPOSES.
  6. I acknowledge that I am solely responsible for paying all expenses incurred in running my own business as an independent distributor, including but not limited to travel, food, lodging, secretarial, insurance, office, phone bills, and other expenses.
  7. I Acknowledge and agree that EW is not responsible for any withholding or deduction and shall not withhold or deduct taxes of any kind from any compensation received from EW.
  8. I agree that I will operate my EW independent distributor business in compliance with all applicable federal and provincial laws including reporting all compensation, including commissions and bonuses received from EW and agree to pay all taxes applicable on such commission and bonuses. I understand that EW will issue a form T4A to every Canadian Consultant who earns $500 or more during the previous calendar year by February 28th of the following year. 
  9. I acknowledge that I am not required to maintain an inventory of any kind in order to become or remain an EW Associate, and that any decision to carry inventory, and the amount of inventory I wish to carry, is my decision alone as an independent distributor.  Notwithstanding the foregoing, I agree that I am strictly prohibited from purchasing EW products in commercially unreasonable amounts (inventory loading).  I understand that more information on this topic, including the potential consequences of breaching this provision (which include termination of this Agreement), can be found in the Policies and Procedures.     
  10. I understand that I am not obligated to purchase any marketing, promotional, or training materials, and that any decision to purchase such materials is my decision alone as an independent distributor. 
  11. I understand that there is no financial or purchase requirement to become an Associate or to enter, maintain or advance in the Compensation Plan.  In order to join EW, I understand I must pay a $59 membership fee at its cost price, which allows me access to digital marketing materials, digital business card templates, ongoing product and marketing training/seminars, access to a replicated website, and access to a digital back office.  Additionally, and in order to familiarize new Associates with EW products, services, and sales techniques, and for the sole purpose of facilitating sales, EW requires that Associates purchase a Starter Kit which is sold at its cost price.  Any products that I choose to purchase, including the Starter Kit, may be returned for refund under the terms of the Associate buy-back policy in the Policies and Procedures.   
  12. I acknowledge that EW has a commercially reasonable buy-back policy set out in the Policies and Procedures, and I confirm I have been advised of the existence of the buy-back policy and how it can be exercised. 
  13. As an Associate running an independent distributor business, I understand that I am not guaranteed any income, nor assured of any profit or success by EW. I understand that I can only earn revenue upon the retail sales of EW’s goods and services. I will be free to set my own working hours and determine the location and methods of selling within the guidelines of this Agreement.
  14. I certify that neither EW nor my sponsor has made any representations or claims of guaranteed or anticipated earnings. Success of an Associate comes from retail sales, service, and the development of a sales organization. I shall not make any representations about actual, potential, or expected earnings, represent directly or indirectly that any person may, can or will earn any stated gross or net amount, nor give an assurance that they will succeed in their independent distributor business, without fair, reasonable, and timely disclosure of the official EW Statement of Typical Participant Earnings.
  15. I understand that EW reserves the right to enter into sales tax collection agreements with federal and/or provincial taxing authorities, which could relieve Associates of the obligation of collecting and remitting some sales taxes and the filing of some sales tax returns.  Where EW chooses to enter into a sales tax collection agreement, I jointly elect with EW to have the applicable procedures in the section 178 and/or 178.1 of the Excise Tax Act apply at all times when an approval has been granted by the applicable tax authority and is in effect.  My approved Agreement is evidence of this joint election.  Where applicable, EW will notify Associates of the implementation of such agreements, and will charge and collect sales taxes accordingly.  Where EW has been approved to operate under any such agreements, Associates shall follow the appropriate procedures.
  16. I agree to only use current EW website provided to me to represent EW’s products and compensation plan.
  17. I understand that there is only one revenue generating event for an Associate, namely the purchase and resale of EW products to retail customers, and acknowledge that all commissions, bonuses and other remuneration shall be paid solely as a consequence of same.  I acknowledge that no recruitment fee will be derived from the mere act of sponsoring other Associates, and that no earnings will be made from the sale of starter packages.
  18. I agree not to advertise using EW’s name, logo, or trade mark in any manner except when using EW’s approved marketing or advertising materials as may be published or made available on the website from time to time.
  19. I agree not to re-package or re-label any of EW’s products.
  20. The term of this Agreement and each subsequent renewal is one year, unless a party notifies the other of its intent to terminate the Contract. I understand and agree that the Agreement shall be renewed automatically each year on its anniversary date.  I Agree that EW will automatically deduct from my credit card each year in the amount of $69.00 which cost provides access to my back-office website, a replicated website where I can conduct my sales online, access to training and seminars, access to digital marketing materials, and entitles me to purchase EW products at wholesale price for resale, and discontinued/clearance EW products at a discount for personal use only.
  21. I understand that I may terminate my business relationship with EW and cease being an associate at any time and for any reason as detailed in EW’s Policies and Procedures regarding termination.
  22. EW may terminate my account at any time for violation of the terms and conditions of the Agreement.
  23. If this Agreement is terminated for any reason, I understand and agree that I will permanently lose all rights as an Associate and will not be eligible to receive any commissions, bonuses, or other remuneration from the activities of my former downline.  I understand that the Policies and Procedures provide additional information on what happens on termination, including which obligations survive termination of the Agreement. 
  24. I consent and authorize EW to use my name, likeness, voice or other written comments or documentation provided to EW or obtained by EW provided such use is in connection to advertisement, promotion, marketing, or training of EW products.
  25. I agree to operate my independent distributor business as an Associate of EW in a lawful, ethical, and moral manner.
  26. I agree that this Agreement is personal to me as an Associate and that I may not transfer or assign this Agreement in whole or in part in any manner.
  27. If I fail to comply with the terms of the Agreement, EW may in its sole discretion, rely on its contractual remedies as set out in the Policies and Procedures (which include termination of this Agreement).  I understand that while EW investigates a potential breach of this Agreement, my independent distributorship will be suspended and I will not receive any commissions or bonuses until the investigation has been completed.
  28. I agree that all payments will be sent to me by way of Electronic Funds Transfer (EFT) and that in the ordinary course of my independent business EW will not issue any cheques to me.
  29. I agree to indemnify and hold EW, it’s partners, employees, agents, directors, contractors, and suppliers, harmless from any and all claims, damages, and expenses including any lawyer’s fee, arising out of my actions or conduct in violation of this Agreement.
  30. This Agreement may be amended by EW in its own discretion at any time by providing electronic publication through the EW website.  I agree to be bound by all such modifications beginning 30 days after publication on the EW website.
  31. Any waiver by EW of any breach of this Agreement must be in writing and signed by an authorized officer of EW. Such waiver shall not operate or be construed as a waiver of any subsequent breach.
  32. This Agreement will be governed by the laws of Canada and of the province of Alberta.  In the event of a dispute, both EW and Associate will attempt in good faith to resolve the dispute through amicable settlement, non-binding mediation, and binding arbitration, as more fully described in the Policies and Procedures. 
  33. I agree not to use any personal data of other EW Associates except in the administration and development of sales organization and upon termination I will immediately delete all personal data from my files except as otherwise required by law (i.e. for income tax or other purposes).
  34. I understand and agree that certain personal information relating to myself and my independent distributor business as an EW Associate will be collected, used and retained EW in accordance with EW’s privacy policy as amended from time to time, and otherwise in accordance with Canadian federal and provincial privacy laws. 
  35. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed.  The balance of the Agreement will remain in full force and effect.