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Debt-FREE & Prosperous Living, Inc.
Statement of Policies and Procedures for DFPL Independent Contractors
DEBT-FREE & PROSPEROUS LIVING, INC.’S Policies and Procedures are
established to support the Company, its Customers, its Independent
Contractors and Resellers. DFPL reserves the right to institute, alter
or modify prices, company literature, company policies, and compensation
plan. DFPL will make every effort to keep all aspects of its business
beyond reproach legally, ethically and morally. DFPL will also make
every feasible effort to be timely and responsive to the needs of
customers and Independent Contractors, and provide a sound foundation
for a long-term, profitable business relationship.
VIOLATION OF ANY OF THESE POLICIES OR PROCEDURES SHALL RESULT IN THE
TERMINATION OF THIS INDEPENDENT CONTRACTOR AGREEMENT AND ALL PAYMENTS
WILL BE STOPPED!
1. This statement of Policies and Procedures is incorporated into the IC
Agreement, located on a separate document on this web site. Both this
document and the IC Agreement constitute the entire agreement between
the parties regarding their business relationship.
2. Federal and State regulatory agencies do not approve or endorse
business of any type. Therefore, IC’s may not represent that any DFPL
products, services, or marketing plans have been approved or endorsed by
any governmental agency.
3. DFPL reserves the right to terminate an IC at any time, for cause,
when it is determined that the IC has violated the provisions of this
agreement, including the provisions of these policies and procedures as
they may be amended, or the provisions of applicable laws and standards
of fair dealing. Such involuntary termination shall be made by DFPL at
its discretion. However, written notice shall be provided by DFPL prior
to termination to allow for appeal or correction of the violation. Upon
an involuntary termination, DFPL shall notify the IC by certified mail
at their latest address listed with the company. The IC will have
fifteen (15) calendar days from the date the certified letter was mailed
to appeal the termination in writing. The written appeal is expected to
contain, but is not limited to, new facts and/or mitigating
circumstances. In the event of termination, the terminated IC agrees to
immediately cease representing him/herself as an Independent Contractor.
Where applicable state law on termination of an IC is inconsistent with
DFPL policy, such state law termination procedures shall be in force.
4. DFPL encourages each IC to keep accurate sales records. Earnings are
based upon retail sales to consumers; therefore all products and
services are offered to IC’s only for sale to consumers and, at the IC’s
elections, personal purchase. Each IC is encouraged to set up his/her
own hours and to determine his/her method of marketing, so long as
he/she complies with the policies and procedures herein.
5. Upon the death or incapacity of the IC, his/her rights to commissions
and position, together with the IC’s responsibilities, shall pass to
his/her successors. Written application and approval of the successor(s)
by DFPL is required. The successor IC must fulfill all responsibilities
of the previous IC.
6. DFPL reserves the right to approve or disapprove an IC’s change of
business name, in connection with the formation of a partnership,
corporation, and/or trust for tax, estate planning, or limited liability
purposes. If approved, the organization’s new name must appear on a new
Independent Contractor Agreement, along with the appropriate Social
Security or Federal Identification Number. A partnership or corporation
may be an IC.
7. DFPL does not waive its right to insist on compliance with these
Policies and Procedures or with the applicable laws governing the
conduct of business. This is true in all cases, both specifically
expressed and implied, unless an officer of DFPL who is authorized to
bind DFPL in contracts or agreements, specifies in writing that DFPL
waives any of these provisions. In addition, any time DFPL gives
permission for a breach of these Policies and Procedures, that
permission does not extend to future breaches.
8. Except for specified advertising materials provided by the company,
IC’s may not reproduce DFPL marketing materials, or use DFPL’s company
logos, trademarks, trade names, literature, or the words or content of
any literature or recorded message, in any type of advertising without
prior written approval from DFPL.
9. IC’s are required to purchase the IC Business Manual. They will
receive training by reading and studying this manual, studying other
official DFPL training materials, and by attending DFPL training
meetings as available.
10. DFPL will supply 1099 tax forms, as required by law, at year-end for
all IC’s who have received income directly from DFPL during the calendar
year.
11. Any controversy or claim arising out of, or relating to this
agreement, or breach thereof, shall be settled by arbitration utilizing
no less than three arbitrators administered by the American Arbitration
Association in Madison, Wisconsin under it Commercial arbitration rules,
and judgment on The award rendered by arbitrator(s) may be entered in
any court having jurisdiction thereof. Arbitration shall be brought on
an individual basis and not as a class or consolidation action. IC’s
waive all rights to jury or court trial.
12. IC’s agree to refrain from directly or indirectly competing with
DFPL during the term of this agreement and for a period of two years
following the termination of this agreement for any reason. “Competing”
is defined as having financial interest, either directly or indirectly,
in any entity that provides and markets products or services in
competition with DFPL’s products or services.
13. IC’s agree to refrain from directly or indirectly attempting to
sell, license or provide products offered by another company, which are
the same as or similar to products or services offered by DFPL, to any
DFPL customer or client during the life of this agreement or for a
period of two years upon the termination of this agreement. IC’s will
not directly or indirectly solicit, induce, or attempt to induce any
employee of DFPL to terminate his or her employment with DFPL.
14. IC will not at any time or in any manner, either directly or
indirectly, use for their own personal benefit, or divulge, disclose, or
communicate in any manner any information that is proprietary to DFPL.
IC’s will protect such information and treat it as strictly
confidential. The obligation of the IC not to disclose confidential
information shall continue for a period of five years after the
effective date of this Agreement. Within 30 days after the receiving a
written request, the IC will return to DFPL all records, notes,
documentation and other items that were used, created, or controlled by
the IC.
15. IC’s may return marketing materials or information products (except
mailed newsletters) within one year of purchase, in re-saleable
condition for a refund. Shipping charges will not be refunded, and there
will be a 10% re-stocking charge. Resigning IC’s must request a refund
before their resignation becomes effective.
16. Partial Invalidity. Should any portion of these Policies and
Procedures and/or this Independent Contractor Agreement, or any other
instrument referred to herein or issued by DFPL be declared invalid by a
court of competent jurisdiction, the balance of such rules, regulations
and/or Independent Contractor Agreement, or instrument shall remain in
full force and effect.
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