The following information is required. We have taken precautions to ensure this information remains confidential. For more information, please see our Policy Page.
I am applying to become a Sales Representative with Kele & Co., and purchase the Starter Kit of marketing materials. Upon Kele & Co.’s receipt of this signed form and my payment clearing, I understand that my application will be reviewed by Kele & Co. If approved, I will then be issued a Kele & Co. representative number (KR #) and will be authorized to market Kele & Co.’s products and services to consumers. I will receive commissions based on the business volume I generate, and the business volume generated by persons I sponsor. In conducting my Kele & Co. business, I agree to adhere to the Terms and Conditions that accompany this application, as well as those of Kele & Co.’s Compensation Plan, and its policies and procedures; the terms of which, by this reference, are fully incorporated in this Application & Agreement. By signing below, I apply to become a Kele & Co. Representative. All signatures herein must be affixed personally. I MAY CANCEL THIS AGREEMENT AT ANY TIME BY GIVING WRITTEN NOTICE TO KELE & CO
Terms & Conditions
1. I verify that I am of legal age in the state in which I enter this Agreement. Upon acceptance of this application by Kele, LLC (doing business as Kele & Co.) and issuance of a Kele & Co. Representative Number (KR #) to me, I understand that I am authorized to be an Independent Representative of Kele & Co. and that this application becomes a binding legal agreement..
2. As an Independent Representative, I understand that I am an independent contractor, and not an agent, employee, or franchisee of Kele & Co. I understand and agree that I will not be treated as an employee for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts, or State Workers Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, local taxes, and/or local license fees, that may become due as a result of my activities under this Agreement. Except where otherwise dictated by local law, Kele & Co will charge and collect any applicable sales tax on all IR orders, at the full recommended retail price per unit, and will remit it to the taxing jurisdiction. This policy is intended to minimize administrative effort required of the IR while assuring full tax compliance. In the few jurisdictions which do not allow Kele to collect on behalf of the IRs, all IRs will be personally required to collect, account for, and remit taxes to the state or other local jurisdiction on the retail sales they make.
3. I understand that as an Independent Representative, I cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, Kele & Co.
4. I understand that, as an Independent Representative, I will not, for any reason, act as spokesperson for Kele & Co., and its products, in any manner, to any media or publication, without prior, written authorization. I will not create, print, publish, or distribute any literature or materials representing Kele & Co. or its products other than those from, or approved in writing by, Kele & Co.
5. As an Independent Representative, I will: Provide training and motivation to my sponsored representatives; Study the product literature and promote retail sales; Represent Kele & Co. products in an honest manner; Honor Kele & Co. Customer Guarantees; Be professional, courteous, and considerate; Not misrepresent Kele & Co.’s Compensation Plan; Become familiar with, and abide by, Kele & Co. Statement of Policies and other materials as prescribed by Kele & Co.
6. I understand that, as an Independent Representative, I have the following rights: (a) to sell the products/services offered by Kele & Co. in agreement with Kele & Co. Compensation Plan, Representative’s Handbook, and the Statement of Policies, and (b) to sponsor Independent Representatives in agreement with Kele & Co. Compensation Plan and Statement of Policies.
7. I understand that income and commissions are based on sales to customers. All sales are based on retail prices established by Kele & Co. I understand that the products I personally purchase can be sold to customers for a profit. The Representative is responsible for resolving any dispute of a customer sales transaction prior to issuance of commissions and/or bonuses from Kele & Co.
8. Kele & Co. may, at its discretion, amend its Compensation Plan and Statement of Policies and/or terms of the Independent Representative Agreement. Notification of such changes shall be published in newsletters, broadcast by Email, written or published material circulated or made available to all Independent Representatives. I agree to abide by all such amendments. The continuation of my Business, and/or my acceptance of products, commissions, and awards, or other payments from Kele & Co., constitutes my acceptance of any and all amendments.
9. I understand that I will make no claims or warranties of any kind, including, but not limited to, any claims for earnings or benefits concerning Kele & Co.’s products, other than those included in Kele & Co.’s written literature. I will not make product claims, which are not stated, in official Company literature, and I am not permitted to create my own literature, sales aids, or training materials, without written consent from Kele & Co.
10. I understand that as a Kele & Co authorized representative, I will have access to the Kele & Co official web-site for data entry, customer sales and marketing. I agree not to develop and/or maintain any other web-site that uses the registered company name, duplicates company information or allows any Kele & Co products to be sold or marketed without the consent of Kele & Co.
11. If I fail to pay for products or services, Kele & Co. is authorized to withhold the appropriate amounts from my commission and bonus checks, or credit card/electronic checking accounts, if any, which I have authorized Kele & Co. to charge. If payment owed is not made, I understand that I may, at Kele & Co.’s discretion, lose my marketing organization and future commissions and bonuses, and may be placed on inactive status by Kele & Co. for an indeterminate period. Kele & Co. will not be responsible for the loss of any commissions and bonuses or other payments because of delays or errors in orders, charges, receiving agreements, or other acts outside of the control of Kele & Co.
12. I understand that my acceptance of this Agreement does not constitute the sale of a franchise or a security, no exclusive territories can be granted to anyone, and that no franchise fees have been paid, nor can I acquire any interest in a security by the acceptance of this Agreement.
13. My Representative status cannot be sold, assigned, or transferred without prior, written approval from Kele & Co.
14. I have carefully reviewed Kele & Co. Compensation Plan and Statement of Policies, and acknowledge that they are incorporated as a part of this Agreement in their present form and as modified from time to time by Kele & Co. My violation of any of the terms of this Agreement or Kele & Co. Statement of Policies may result, at Kele & Co.’s discretion, in forfeiture of commission and bonus checks, or other payments from Kele & Co.; loss of all or part of my marketing organization; or cancellation of this Agreement.
15. This Agreement constitutes the entire agreement between the parties, and no other promises, representations, guarantees, or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.
16. The term of this Agreement is one year. This Agreement can be renewed annually on each anniversary date of the acceptance of this Agreement, unless otherwise canceled or extended by Kele & Co. There is no cost for your annual renewal.
17. This Agreement shall be governed by the laws of the State of Illinois, and any claims or disputes between parties to this Agreement shall be subject to binding arbitration under the Commercial Rules of the American Arbitration Association, with arbitration to be held in Plainfield, Illinois. Louisiana residents may choose jurisdiction in, and arbitrate in New Orleans, Louisiana.
18. I am entitled to cancel this Agreement at any time and for any reason with written notice to Kele & Co. Kele & Co. will buy back from a resigning Representative unused and currently marketable inventory and sales aids purchased from Kele & Co. within 30 days from the date of receipt of merchandise first ordered (90 days in Maryland and Puerto Rico; one year in Montana, Oklahoma and Texas, no time limit in Massachusetts, Georgia, Louisiana, and Wyoming) at 90% of the Representative’s net cost, less appropriate setoffs and legal claims.
19. Kele & Co will be responsible for the collection and remittance of all applicable California sales and use taxes on the suggested retail price of the product. We can no longer accept resale certificates form our Saleswomen,Salesmen,Distributors or Representatives, unless they hold a California sales and use tax permit for selling other tangible personal property obtained from vendors who are not a section 6015(b) retailer.
Please type your full name to indicate that you accept the above Terms and Conditions. This signature is legally binding.
