Producer's AgreementPlease read the document belowTERMS AND CONDITIONS OF PRODUCER'S AGREEMENT
By purchasing a Disciple's Cross™ starter kit I agree to the following TERMS AND CONDITIONS:
(1) INDEPENDENT CONTRACTOR: I (herein referred to as me,my or Producer) will not be an employee of Disciple's Cross™. I will be an independent producer responsible for my own business decisions, volume of production and any applicable income taxes. The transaction entered into between the parties pursuant to this Agreement does not create any partnership, joint venture or agency between the Parties and nothing in this Agreement shall be construed as creating any such relationship.
(2) INCOME TAXES: Disciple's Cross™ will issue a 1099 to me at the end of each year as required by applicable tax laws. I will be completely responsible for filing my own income tax forms each year.
(3) TAX RECORDS AND FILING: Disciple's Cross™ will not give me any tax advice or legal advice, other than to provide me with information on how to receive a free copy of an IRS approved handbook outlining Home-Based Business Tax Deductions. I am fully responsible for keeping records and receipts of my personal business expenses and my home-based business tax deductions.
(4) BENEFITS & INSURANCES: Disciple's Cross™ does NOT provide any additional benefits or insurances such as life, health or general liability insurance, social security, unemployment benefits, workman's compensation or retirement program.
(5) RATE OF PAY: I will not be paid by the hour but rather by each item I produce. I will be paid $1.25 for each cross necklace that I produce that meets the Disciple's Cross™ quality assurance specifications.
(6) MATERIAL REIMBURSEMENT: In addition to $1.25 per cross in labor I will also be paid a material reimbursement on every accepted item for the materials I purchase from Disciple's Cross™. Currently the material reimbursement is $1.00 per cross, which will be a total payment of $2.25 per accepted cross.
(7) STARTER KIT & TEST UNIT REIMBURSEMENT: My test unit does not qualify for material reimbursement because I will be reimbursed the entire cost of my Starter Kit after my eighth unit of crosses has been inspected and accepted.
(8) POSTAGE REIMBURSEMENT: I will be reimbursed for postage costs to send my completed units to Disciple's Cross™, up to $5.00 per each unit of fifty completed Disciple's Cross™ necklaces. Applicable postage methods for reimbursement include UPS ground or USPS first class or priority shipping. This reimbursement may be adjusted to reflect the percentage of crosses that pass inspection in any given unit. My test unit does not qualify for the postage reimbursement.
(9) METHOD OF PAYMENT: Payments due to producers for items accepted after inspection are mailed out on Fridays and will be in the form of a company check.
(10) GUARANTEED BUY-BACK PROGRAM: I may send in up to four hundred (400) crosses per week for inspection earning the rate of $1.25 per accepted cross for labor along with a material reimbursement (currently $1.00 per cross) plus any applicable postage reimbursement, resulting in a potential weekly profit of $500. Limit of one producer per household.
(11) COMPLETED UNITS: Units sent in for payment through the Guaranteed Buy-Back Program after my initial TEST unit must consist of multiples of FIFTY (50) Disciple's Cross™ necklaces up to 400 per shipment. Partial and odd number units will not be accepted.
(12) PERMISSION TO SELL: I am under no obligation to sell any items back to Disciple' Cross™ and as long as I am a certified producer in good standing I have the full permission of Disciple's Cross™ to sell my items in stores and other venues where Disciple's Cross™is not already represented. I will not directly compete with another Disciple's Cross producer in a venue in which they are already established. I will not sell Disciple's Crosses in direct competition with the Disciple's Cross Home Office in venues where they are already represented such as in cases including but not limited to craft fairs, special events, festivals, bookstores and other retail outlets. All items sold must be made from materials purchased from Disciple's Cross™ and display the Disciple's Cross™ copyrighted item tag.
(13) PROTECTION OF DESIGN AND NAME: I recognize that the Disciple's Cross™ design and name are legally protected by the United States Patent, Trademark & Copyright Offices and that I do not have the right to use this design or any variation of the original in any way other than is pre-approved in writing by Disciple's Cross™. I also ackknowledge that the name of this design is to be the Disciple's Cross™ and I will not make any change or variation to that name.
(14) NON-COMPETE & UNFAIR COMPETITION: I will not in any way compete with Disciple's Cross™ in the marketing of supplies or Starter Kits or using the Disciple's Cross™ name or design or any variation thereof in any manner not pre-approved in writing by Disciple's Cross™. Nor will I conduct Disciple's Cross™ related business with any producer or former producer who is in violation of the current producer's agreement. I will not wholesale completed Disciple's Crosses™ to other Disciple's Cross™ producers. The instructions for this design are proprietary to Disciple's Cross™ regardless of format including oral, audio, video or written instructions and I do not have the right to instruct others how to assemble this jewelry design nor sell, give or loan instructions for such assembly.
(15) SOURCE OF MATERIALS:Materials used to make the Disciple's Cross™ jewelry design or any approved variation thereof MUST be purchased from Disciple's Cross™. The use of materials not purchased from Disciple's Cross™ is strictly prohibited regardless of participation or non-participation in the buy-back program and will result in the immediate termination of this contract and will revoke the producer's permission to use the Disciple's Cross™ jewelry design or any variation thereof. I agree to purchase all materials from Disciple's Cross™.
(16) COST OF MATERIALS: While Disciple's Cross™ tries to maintain to lowest cost possible for supplies, Disciple's Cross™ reserves the right to adjust the price of the cross supplies as it deems necessary. Any adjustment in the cost of materials will be matched by an equal adjustment in the material reimbursement.
(17) QUALITY CONTROL: All completed items submitted for the buy-back program will be inspected for quality of materials and craftmanship. Disciple's Cross™ reserves the right to refuse payment for any completed items that are not made with materials supplied by Disciple's Cross™ or completed items that do not meet the quality standards set forth in the Disciple's Cross™ guidelines. Any items that I send in that do not meet quality assurance specifications will be returned to me along with a checklist detailing the specific description of what improvements need to be made on items in the future.
(18) POSTAGE FOR RETURNS: If items need to be returned to me, the cost of the postage will be subtracted from any payment due me from Disciple's Cross™.
(19) ADVERTISING GUIDELINES: If I advertise this product in any way, I agree to have the trademarked name Disciple's Cross™ and website www.disciplescross.com printed on any and all business cards, sales literature or advertisement I may choose to use including, but not limited to, printed material or websites on the internet. I am responsible for my own advertising and printing costs. I cannot hold myself out to be a “representative” of Disciple's Cross™. I may only advertise myself as being a “Disciple's Cross™ Certified Producer (or Affiliate).” Affiliate's may also include their affiliate link at the end of the Disciple's Cross™ website url.
(20) AFFILIATE OPPORTUNITY: As a certified producer in good standing, I also have the option to sign up as an affiliate of Disciple's Cross™ and receive an affiliate compensation for everyone who buys a Starter Kit using my affiliate link. I accept full responsibility for following all applicable advertising laws and internet spam restrictions.
(21) RELEASE OF LIABILITY: Disciple’s Cross™ will not be responsible in any way for any misconduct, misrepresentation or spam law violations on my part nor will Disciple's Cross™ be liable for any debt I accumulate or promises that I make to vendors or customers.
(22) INDEMNITY: The Producer agrees to protect, defend, indemnify and hold forever harmless Disciple’s Cross™ and/or any of its affiliates, employees, vendors, owners or producers from and against any loss, claim, bill, lein, statement, fee or damage from or in any way related to the Disciple’s Cross™ work-at home opportunity, jewelry design, or materials used in this process. This duty to so protect and indemnify the above shall be at all times enforced even if any incident and resultant injuries, disabilities, damages and losses were caused, in whole or in part, by the negligence, fault, or strict liability of the above or by any breach of expressed or implied warranties or duties on their part.
(23) TERM OF AGREEMENT: The term of this Agreement shall commence upon the day I purchase the Starter Kit and shall end when terminated by either party with or without cause upon written notice sent either by email or the U.S. Postal Service. Upon termination of this agreement I will no longer be a certified producer in good standing and thus forfeit any and all privileges including but not limited to using the Disciple's Cross™ name, logo, or jewelry design including any variation thereof for any reason.
(24) MONEY BACK GUARANTEE: The Starter Kit comes with a full 30-day money back guarantee. If, for any reason, I am dissatisfied with my Starter Kit I may return it to Disciple's Cross™ within that 30-day period prior to the submission of my test unit for a full refund of the purchase price. Shipping and handling fees will not be refunded. Upon the return of my Starter Kit this Agreement will be terminated and I will no longer be able to use the Disciple's Cross™ name or design or any variation thereof in any way.
(25) MODIFICATIONS: Disciple's Cross™ may modify any of the terms and conditions contained in this Agreement at any time and at its sole discretion. My decision to continue making the Disciple’s Cross™ shall constitute an automatic acceptance on my part of the current revisions to this Agreement. No verbal modifications will be binding. If I am not accepting of such revisions my only recourse is to cease and desist any and all Disciple’s Cross™ related activity including, but not limited to making the Disciple’s Cross™ jewelry design or any variation thereof or conducting business of any kind relating to the Disciple’s Cross™. A reasonable attempt by Disciple's Cross™ to notify me at my last known email or postal address will constitute proper and complete notification.
(26) SCOPE OF AGREEMENT: This Agreement will be governed by the laws of the United States and the State of Louisiana. Any action relating to this Agreement must be brought in the federal or state courts located in New Orleans, Louisiana, and I irrevocably consent to the jurisdiction of such courts and agree to pay any and all legal fees, attorney fees and court costs for both parties. Any failure by Disciple's Cross™ to enforce strict performance of any provision of this Agreement will not constitute a waiver of their right to subsequently enforce such provision or any other provision of this Agreement by due process in the future.
(27) ACCEPTANCE OF AGREEMENT: I have read and understand these terms and conditions and I accept this agreement as a new Disciple's Cross™ Certified Producer. By purchasing this Starter Kit I am agreeing to these terms and conditions regardless of whether or not I affix my signature below or choose to return the Starter Kit for a refund within 30 days or to continue as a producer with Disciple's Cross™.
(28) AGE OF MAJORITY: If I am under the legal age of majority, my legal guardian has read and understood these terms and conditions and accepts this agreement on my behalf. 031606 I accept the Terms and Conditions of the Producer's Agreementand wish to become a Disciple's Cross™ Producer