This document serves as a legal and binding agreement between Joyful Living Services and Sample Distributor.
Assignment of Distributor Number
Sample Distributor is Distributor Number: 00-00-000. This distributor number must be used for any correspondence whether by e-mail, written correspondence, phone conversations, or verbal communications.
Purpose of Agreement
The purpose of this Final Distributor Agreement is to give permission to Sample Distributor to sell all Joyful Living Services’ courses and supplies as listed in the monthly JLS Catalog.
Sample Distributor must present Joyful Living Services with all advertising material related to selling Joyful Living Services’ products for approval before advertising any Joyful Living Services products in any media.
Challenging Course Work by Examination
Those students who wish to begin the certification process with the intermediate or advanced course must show proof of knowledge of iridology. Therefore, any student who chooses may waive the beginning or intermediate course work by taking the beginning and/or intermediate exams and passing them with a minimum grade of 80%. All tests must be notarized and returned to Joyful Living Services for grading and acceptance.
Collection of Fees
Sample Distributor is responsible for collecting fees upfront from each student. Sample Distributor will provide Joyful Living Services with the student’s name, spouse or partner’s name if joint application, company, address, phone, fax, and e-mail address upon time of order as well as if he/she is ordering the “recommended supplies” for the iridology course. Sample Distributor can receive funds from customers and pay Joyful Living Services in any way she feels is appropriate including cash, personal check, money order, cashier’s check, credit card, and bank wire. If Sample Distributor wishes to accept credit cards and is not set up to accept them, Joyful Living Services will provide information where such services can be purchased. If Sample Distributor does not want to collect fees, Joyful Living Services will collect the fees and then pay Sample Distributor her commission.
The courses will be offered with Joyful Living Services and Sample Distributor logo’s on printed material.
“Commission” is accepted as the difference in price between wholesale and retail prices listed in the JLS Wholesale Catalog and JLS Catalog.
Sample Distributor understands and agrees that all courses are copyright protected and will honor the copyright laws of California.
Demos & Training Materials
Joyful Living Services has provided Sample Distributor with a “DEMO ONLY – Not for Resale” video tape set and related materials for the beginning, intermediate, and advanced iridology courses. This “DEMO ONLY – Not for Resale” video tape set is not to be sold but is to be used by Sample Distributor for initial training of Joyful Living Services’ courses and for marketing purposes. Note: Further distributor training will be available through Joyful Living Services at a later date and will be announced upon availability.
Any dispute under this Agreement or related to this Agreement shall be decided in accordance with the laws of the State of California. If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding in addition to any other relief to which they may be entitled.
The exchange rate is 1USD = 1CDN for all Joyful Living Services’ courses. However, Sample Distributor will pay wholesale prices for all supplies Joyful Living Services’ offers in US dollars. Prices may change without notice.
Sample Distributor will have exclusivity for the Canadian market and its territories. All Canadian inquiries will be managed by Sample Distributor. No further Canadian distributors will be allowed to offer the courses or equipment. Inquiries from Canadians only will be referred back to Sample Distributor. Any USA inquiries to Sample Distributor shall be referred back to Joyful Living Services.
Sample Distributor understands and agrees that all courses and supplies purchased from or through Joyful Living Services are 100% guaranteed. All customers/students must be completely satisfied or they are entitled to receive a refund in full. Joyful Living Services is responsible for refunding Sample Distributor for any and all returned courses and supplies purchased from us. Sample Distributor is responsible for refunding his/her student upon receipt of refund from Joyful Living Services. Sample Distributor must return supplies and courses unused or broken during shipment before items are exchanged or a refund or credit is issued. Joyful Living Services will ship all supplies to be exchanged using the same shipper as with the initial order unless otherwise instructed.
Sample Distributor understands that he/she can hire personnel to help sell these courses and must provide contact information for each employee upon hire. Sample Distributor understands that each employee must sign an “employee agreement” before selling Joyful Living Services’ courses and supplies. Sample Distributor will be responsible for supporting his/her employee and will pay the employee directly without Joyful Living Services’ involvement.
Indemnification and Representation
Sample Distributor shall defend, indemnify, and hold Joyful Living Services harmless from and against any and all liabilities which may arise from or relating to any business conducted by Sample Distributor, and/or his/her employees or subcontractors pursuant to this Agreement.
In order for this document to be legally binding, Sample Distributor must return one signed final agreement to Joyful Living Services via US Mail to the address above. Once the agreement has been received and recorded, Sample Distributor may legally sell Joyful Living Services’ courses and supplies.
No Ownership Interests
Except for the rights specifically created by this agreement, (a) Sample Distributor shall not have any right, title or interest in or to companies that Joyful Living Services, or any companies Joyful Living Services may establish.
All materials created by Joyful Living Services, prior to or after the effective date of this Agreement, shall remain the property of Joyful Living Services. Materials created jointly by Joyful Living Services and Sample Distributor after the effective date of this Agreement, shall be owned equally by Joyful Living Services and Sample Distributor. Joyful Living Services shall be free to duplicate, distribute and sell these materials. Joyful Living Services retains sole ownership and copyright to the name and corporate identity.
Pricing for the Canadian market shall be determined by Sample Distributor.
Joyful Living Services will create a receipt for Sample Distributor for each course ordered with the student’s name for tracking purposes. Sample Distributor agrees to create a receipt for each student who orders courses and/or supplies from his/her unless he/she requests Joyful Living Services to handle the entire transaction on his/her behalf. Joyful Living Services reserves the right to charge for this service at a future date.
Joyful Living Services recommends all students continue their study of iridology and the human body before, during, and after the certification process has been completed.
Renewal of Distributorship
Sample Distributor has the right to request renewal of his/her distributorship 30 days after its termination. Joyful Living Services reserves the right not to renew any and all distributorships that have been terminated.
Joyful Living Services takes no responsibility for students studying this course until all tests and the final exam have been turned in and passed. Once students have been certified, Joyful Living Services takes responsibility for the certification only and does not take responsibility for the students’ performance and consultations while working with clients and customers.
Sample Distributor may sell all Joyful Living Services’ courses and supplies beginning November 2007 for the wholesale price listed in the JLS Wholesale Catalog and will pay Joyful Living Services in US funds. The wholesale cost will be paid upfront before supplies are shipped. Prices are subject to change and do not include shipping fees or California state tax. Sample Distributor may sell courses in whatever manner he/she sees fit including the internet, door-to-door, word-of-mouth, posters, advertisement in newspapers, magazines, and at expos and other such events. See “Exchange Rate” on page 2 and “Pricing” on page 3 for further information on this subject.
Once Joyful Living Services receives an order, Joyful Living Services will drop ship the course directly to the student unless otherwise instructed. Upon course completion, the student should be advised to send his/her test directly to Joyful Living Services. Sample Distributor understands that all courses will be shipped directly from Joyful Living Services if orders are within the United States. All courses will be shipped insured and signature required and will be according to agreements made at the time of each order. Supplies will be shipped in the same way if they are ordered through Joyful Living Services.
Shipping Policy – Continued
All items will be shipped directly to the student unless otherwise instructed. Sample Distributor will inform each student that he/she will receive his/her course and supplies in separate packages. Joyful Living Services ships each course separate from the “recommended supplies” for each course. Each student should be advised through Sample Distributor that shipping takes between 1-3 weeks depending on their location. Students who reside outside the United States will need to allow 4 weeks for delivery. Courses can be expedited for an additional fee.
Joyful Living Services is responsible for providing support to each student and answers to questions pertaining to the courses. Sample Distributor is responsible for following up with each student to inquire as to how his/her course is going, find out if he/she has any questions pertaining to the current course, and to encourage him/her to continue with other courses once the current course has been completed and successfully passed.
Termination of Distributorship
Joyful Living Services reserves the right to terminate this distributorship at any time without notice. In the event of termination, Sample Distributor has the right to request written explanation as to why Sample Distributor’s distributorship was terminated. In case Sample Distributor should decide to terminate distributorship with Joyful Living Services, he/she must surrender any and all materials supplied by Joyful Living Services including, but not limited to, materials which contain the Joyful Living Services logo, and the “DEMO ONLY – Not for Resale” video tape set.
Testing & Certification Process
Joyful Living Services will grade all tests and will create all certificates. Joyful Living Services will ship all tests and certificates directly to the student unless otherwise instructed. Certificates of completion will have Sample Distributor and Joyful Living Services’ name and logo printed on them.
Transcriptions – Foreign
Joyful Living Services’ beginning, intermediate, and advanced iridology transcriptions can be produced for a separate fee. Call for details. These are available upon request only.
Joyful Living Services requires tutors to be certified by Joyful Living services only.