DISTRIBUTOR AGREEMENT
1. Authorization and Contract By executing this Distributor Agreement, you apply for legal authorization to become an Independent Business Owner / Partner (“Distributor”) of ENERGYMAX GROUP LLC (the “Company”), a Nevada limited liability company. You acknowledge that your acceptance is solely at the discretion of the Company.
2. Independent Contractor Status This is the most critical section for tax purposes. You agree that you are an Independent Contractor and not an employee, agent, partner, or legal representative of the Company. You are not authorized to assume or create any obligation or responsibility on behalf of the Company.
● You are responsible for your own business expenses.
● You determine your own hours and methods of operation.
● Taxes: You are personally responsible for paying all federal, state, and local taxes (including Self-Employment Tax). The Company will not withhold taxes from your commission payments. If your earnings exceed $600 in a calendar year, the Company will issue you an IRS Form 1099-NEC.
3. Term and Termination The term of this Agreement is one (1) year and may be renewed annually.
● Voluntary Termination: You may terminate this Agreement at any time for any reason by giving written notice to the Company.
● Involuntary Termination: The Company may terminate this Agreement for any violation of its Policies & Procedures, including but not limited to making false claims, unethical behavior, or disparagement of the Company.
4. Compensation You understand that you will be remunerated based on the Company’s Compensation Plan. The Company reserves the right to amend the Compensation Plan at its sole discretion.
● No Guarantee: You acknowledge that the Company makes no guarantee of income. Your success depends solely on your own efforts, skills, and leadership. You understand that many Distributors may earn little or no money.
5. Prohibited Claims (Compliance)
● Income Claims: You agree NOT to make false, misleading, or exaggerated claims about potential earnings. You must not display your commission checks or guarantee any specific lifestyle.
● Product Claims (Medical Disclaimer): You agree NOT to make any claims that the Company’s products (including "maXilin") can diagnose, treat, cure, or prevent any disease. You may only use official marketing materials approved by the Company.
6. Policies and Procedures You agree to abide by the Company’s Policies & Procedures, which are incorporated into this Agreement by reference. You understand that the violation of the Policies & Procedures may result in the suspension or termination of your Distributor account.
7. Refunds and Buy-Back (Consumer Protection) To protect consumers and avoid "inventory loading," the Company offers a refund policy on resalable inventory purchased within the last twelve (12) months, subject to a 10% restocking fee, provided the goods are unopened and in resalable condition. (This is a requirement in many states like Georgia, Louisiana, Maryland, Massachusetts, Wyoming).
8. Non-Solicitation During the term of this Agreement and for a period of six (6) months after its termination, you agree not to recruit or solicit other Distributors or Customers of the Company for any other network marketing or direct selling business.
9. Governing Law and Arbitration This Agreement shall be governed by the laws of the State of Nevada. Any dispute arising from this Agreement shall be resolved by binding arbitration in Las Vegas, Nevada, in accordance with the rules of the American Arbitration Association. You waive your right to participate in any class-action lawsuit against the Company.
10. Entire Agreement This Agreement, along with the Policies & Procedures and the Compensation Plan, constitutes the entire contract between you and ENERGYMAX GROUP LLC. SIGNATURE BLOCK (Electronic) By clicking "I AGREE" below, I acknowledge that:
1. I have read and understood the Distributor Agreement.
2. I have read and understood the Policies & Procedures.
3. I understand that I am an Independent Contractor and responsible for my own taxes.
4. I understand that financial success is not guaranteed.
[ ] I AGREE TO THE TERMS ABOVE (Required to proceed)