Health E-Choice: Changing wealth. Changing lives.

Home

Contact

- Your Opportunity
- Compensation Plan

Terms And Conditions Agreement

By entering into this agreement with Health e-Choice, LLC, I understand and agree to the following:

I warrant and represent that I am at least 18 years old and of legal age to smoke tobacco products.
As an affiliate, I am an independent contractor solely responsible for my own business activities. I am not an employee or agent of Health e-Choice, LLC (“Company”). This position does not constitute the sale of a franchise or distributorship. I will not represent myself as an owner, director, employee, or as having any other association with company other than that of an affiliate. I am solely responsible for the payment of any and all federal, state and local taxes related to the conduct of my business.
I will strictly adhere to the Company’s marketing policy which is incorporated herein by reference.
I will promptly notify Company of any change of my address, telephone number, and e-mail address. If I have failed to notify company of any change in address, telephone number or e-mail address, any notice to or request made of me shall not be invalid by virtue of the fact that the information Company has on file is no longer current. I understand that any delay in notifying company of a change in my information could delay receipt by me of any payments due to me from Company.
I have fully read and understand Company’s compensation plan. I am not entitled to any compensation from Company except if I meet the conditions contained in the compensation plan and abide by the terms of this agreement and any amendments to same. In such case, I will be paid according to the formula set forth in the compensation plan.
The primary focus of an affiliate will be the solicitation of non-affiliate persons as customers. I agree that my personal goal is to distribute a minimum of 70% of my purchases to customers who are not affiliates. Products purchased for my personal use shall not be counted toward the aforesaid figure. I will promptly submit proof of sales upon request by Company. Such a request by company may be made by e-mail or mailed correspondence. Before placing future orders, affiliates must certify that they have distributed at least 70% of purchases to persons who are not affiliates. Failure to so certify will result in Company refusing further purchases. Affiliates residing in the states of Maine, North Dakota, Michigan, Indiana, Iowa and West Virginia are limited to $495 in initial purchases from Company during the first six months of affiliate status. In the event any order placed by an affiliate does not comply with the law of the applicable state, company reserves the right to modify such order to comply. “Promptly” as used in this paragraph means within 10 days.
All new affiliates must purchase a starter kit. The starter kit consists ofsample brochures and sample business cards as well as a DVD containing an explanation of the compensation plan and other training materials. Also included is a replicated website from which your customers may place their orders. The cost of the starter kit is $49.95. The personal purchase of company’s product is optional and is not required of me in order to participate as an affiliate of Company
I will not use any fraudulent, deceitful, misleading or illegal claims regarding Company, Company’s mission or values, income opportunities, or any of Company’s products in soliciting affiliates and customers. I will not share the amount of any compensation I have received or expect to receive from Company with any other affiliate, customer, prospective affiliate or prospective customer. I will not make any projections as to amounts of future income potential to prospective affiliates. No government agency registers, reviews, or approves of any product or compensation plan of Company. I will make no representations to others to the contrary. I will not make claims to potential affiliates about the amount of any income potential.
From time to time, to facilitate its marketing plan, maintain a feasible marketing plan, comply with changes in laws or react to economic conditions, Company may adopt additional or modify existing terms and conditions for affiliates as well as modify its compensation plan. Such additional or modified terms and conditions and modifications to the compensation plan shall become a binding part of this agreement upon publication on the official Company website. The official company website is www.healthechoice.net.
Company’s products have not been approved by the United States Food and Drug Administration (FDA) or the Office of the Surgeon General as a device to quit smoking. Company does not claim that any of our products cure, treat or mitigate any medical condition. I will make no claims or promises whatsoever either verbally, written or otherwise contrary to anything contained in this paragraph. I further agree that I will not market or sell Company’s products to anyone under the legal age of smoking tobacco products.
I understand that my position as an affiliate cannot be sold, transferred or assigned without Company’s prior written consent. Company shall not unreasonably withhold such consent. In the event of any sale, transfer or assignment, the substituted affiliate must purchase a start up kit at the cost of $49.95 as required of new affiliates and Company will supply the substitute affiliate with the same start up materials and services are as provided to new affiliates.
This Agreement shall be in effect upon its receipt and acceptance by Company at its Mechanicsville, Virginia offices either in written form, by mail or fax transmission or through Company’s website by clicking and agreeing to the Terms & Conditions button.
I am responsible for supervising and supporting the affiliates I refer or enroll into the program and in my commissionable down-line. I agree to maintain monthly communication and support to these affiliates in my commissionable down-line by the way of any of the following or combination thereof: personal contact, telephone communication, written communication and attendance at affiliate meetings.
Commissions are payable to affiliates according to the Compensation Plan which is incorporated herein by reference. Company will provide one year, web-based, back office administration to all affiliates for the first twelve months of their affiliate status. I understand and agree that annual renewal fee of $49.95 is required to continue my status as an affiliate in good standing with Company for successive twelve month period. This fee is for maintenance of my replicated website.
I will not make false, misleading or disparaging statements about Company, affiliate positions, Company mission and vision or Company’s products. Display of commission checks, the making of income projections and use of income testimonials to prospective affiliates is strictly prohibited. I will conduct myself as an affiliate in a courteous, fair and ethical manner.
Change of original enroller is not permitted. I agree that affiliate and customer lists are confidential, of economic value to and are owned solely by Company. Such lists may never be used for any commercial or business purpose without prior written consent of Company. Upon termination of this agreement for any reason, I agree that I will not solicit any remaining affiliates for a period of one year from the date of termination. I further agree that upon termination of this agreement for any reason, I will not market, promote, distribute, or sell any product that may be described as an electronic cigarette for a period of six months from the date of termination.
Optional promotional products purchased from Company could be manufactured and/or shipped by third parties. Company is not responsible for manufacturing or shipping delays beyond its control. Company will make its best effort to have all paid-in-full orders shipped within fifteen (15) days from the date of order.
Any return of product by my customers, distributors in my downline or customers of distributors in my downline will result in a charge back of commissions and/or bonuses paid to me by Company. Company, in its sole discretion, may elect set-off such charges against future commissions.
Company will purchase back from affiliates any product in resaleable condition that was purchased not more than 12 months prior to the date of refund (no time limitation in Massachusetts) at a price of 90 percent of the price paid by the affiliate minus shipping costs.
I authorize Company to use my name, photograph, personal story and/or likeness in advertising and/or promotional materials. I waive all claims for remuneration and/or royalties for such use. In recognition of the cost associated with changes to advertising and promotional materials, Company shall not be obligated to stop using my name, photograph, story and/or likes by the cancellation or termination of this agreement.
Company is authorized to contact me by email for reasons including, but not limited to, announcements, bonus programs and promotions, announcement of new products, changes in terms and conditions, changes in compensation plan, tips and requests for information. This authorization does not obligate Company to contact me by e-mail.
Payments by Company to me are made by Payoneer Debit Card. I further understand that Company implements a minimum amount due before a payment will be made to me of $20.00. Any compensation amounts due for a compensation period in an amount of less than $20.00 will be rolled into the next compensation period.
If I fail to comply with the terms of this agreement or the Company’s Policies and Procedures, Company, at its sole discretion may terminate my affiliate status or impose upon me other disciplinary action, including but not limited to, forfeiture of bonuses and commission, loss of all or part of my downline marketing organization. If I am in breach, default or violation of the agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales of such bonuses or commissions have been completed. If this agreement is terminated for any reason, I will forever lose my rights as an affiliate, including rights to my downline marketing organization, and rights to compensation pursuant to Company’s compensation plan. During any investigation by Company with respect to my breach of this agreement and/or Company policies and procedures, Company may suspend my affiliate status and any payments due to me may be escrowed until final resolution has been achieved.
This agreement shall be construed pursuant to the laws of the Commonwealth of Virginia. The Parties agree that any claim, dispute or other difference between them, with the exception of claims arising under 14 herein, shall be exclusively resolved by binding arbitration. The procedure for such arbitration shall be as existing pursuant to the laws of the Commonwealth of Virginia at the time of initiation of arbitration. Said arbitration shall be conducted in the City of Richmond, Virginia. In the event of a claim of a violation of paragraph 14, Company may directly resort to a court of competent jurisdiction to seek a remedy which may include, among other things, injunctive relief and money damages. In the event of any violation of the agreement, the prevailing party shall be entitled to recover its reasonable costs in enforcing the agreement including but not limited to the costs of arbitration, court costs and reasonable attorneys’ fees. In the event that any portion of this agreement shall be found to be void, voidable, unenforceable by any court or any government agency with authority, the balance of this agreement shall remain in full force and effect
I will indemnify and hold harmless Company, its members, directors, officers and employees from any and claims, actions, causes of action, liability, damages and/or any other expenses, including but not limited to attorneys fees, that may arise out of my actions or out of any conduct in violation of this agreement or in violation of applicable law.
1. The term of this agreement is one year (subject to prior cancellation as provided herein). If I do not renew my or if it is terminated for any reason, I agree that I will permanently lose all rights as an affiliate. I shall not be eligible to sell Company’s products and or services nor shall I be eligible to receive compensation, bonuses or other income of any description resulting for the activities of my former downline sales organization. In the event of cancellation, termination or non renewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. Company reserves the right to terminate all Distributor Agreements upon 30 days notice if Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Affiliates may cancel this agreement at any time by written notice to Company.
2. I have the right to cancel this agreement for a full refund of my starter pack fee, within fifteen (15) business days from the date of this Agreement. If I so cancel, any payments made by me will be returned within ten (10) business days following receipt by Company of my cancellation notice and all start up materials in the same condition in which I received them. In order to cancel this agreement, I must send, via registered or certified mail, return receipt requested, or by courier with tracking capability (eg. Fed-Ex, UPS or DHL) or deliver personally to Company. I understand that if I cancel after the fifteen (15) day period, I am not entitled to a refund of my starter pack fee. This limitation is not applicable in Georgia or if superseded by any state law.
3. The address for any cancellation notice or other notice or correspondence called for in this agreement shall be: 10035 Sliding Hill Road, Suite 204, Ashland, Virginia 23005. Company reserves the right to change the aforesaid address with notice to all affiliates.
Non-internet accessible literature, sales aids and promotional products in reusable condition may be returned for a 90% refund minus shipping within 30 days of purchase. (1 year in New Mexico, Montana and Massachusetts; within one year prior to termination of affiliate status in Wyoming).
I understand that failure to comply with the above Terms and Conditions and Policies and Procedures may result in the termination of my affiliate status. I acknowledge Company’s compensation program is based on current products and is subject to change without notice.