Forms\0023
INDEPENDENT DISTRIBUTOR AGREEMENT
Drafted by: COBB, COLE & BELL For ZYMING INCORPORATED
Daytona Beach, Florida P.O. Box 1869 2525 Moody Blvd.
Flagler Beach, FL 32136
_____________________________________________________________________________
FIRST NAME, MIDDLE INITIAL, LAST NAME
___________________________________________________MO_________DAY___________
SOCIAL SECURITY NUMBER, ARVE I.D. NUMBER, BIRTHDAY
_____________________________________________________________________________
SHIPPING ADDRESS SPECIAL INSTRUCTIONS FOR DELIVERY
_____________________________________________________________________________
CITY, STATE, ZIP CODE
_____________________________________________________________________________
MAILING ADDRESS (IF DIFFERENT FROM SHIPPING ADDRESS)
_____________________________________________________________________________
CITY, STATE ZIP CODE
AREA
CODE HOME PHONE AREA CODE WORK PHONE
I, __________________________(hereinafter Distributor), agree
to the provisions of this Agreement between ARVES Skin
& Hair Solutions Zyming Inc., a Florida Corporation,
located at 2525 Moody Boulevard, Flagler Beach, Flagler County,
Florida (hereinafter Zyming).
A. Distributor shall abide by the terms and conditions of
the ARVES Skin & Hair Solutions Manual as well as
any amendments thereto.
B. Distributor shall purchase $100. in products..
C. Zyming grants to Distributor a nonexclusive license to
sell and distribute Zymings products.
Distributor shall not assign this license. Nothing in the
license shall prohibit or interfere with Zymings right
to license or contract with other parties for the sale and
distribution of its products.
D. Distributor will make no statement, claim, representation,
or warranty injurious to Zymings name, reputation, or
goodwill or contrary to those express statements contained
in Zymings marketing literature. Distributor shall not
have any authority to incur any debt, obligation, or liability
or make any promise or contract on behalf of Zyming other
than the authorized sale of Zyming products.
E. Distributor shall be responsible for all business costs,
including but not limited to telephone, gasoline, and marketing
services.
F. Zyming reserves the right to accept Distributor, as well
as product orders, and to change product lists, marketing
literature, sales and promotional materials, prices, discounts,
or incentive programs at any
time.
Forms\0023
G. Distributor is an Independent Contractor who understands
and agrees that: (i) Zyming will not withhold on behalf of
Distributor any sums for income tax, unemployment compensation,
social security, or any other withholding; (ii) All such payments,
withholdings and taxes are the sole responsibility of the
Distributor, and, (iii) Distributor will indemnify and hold
Zyming harmless from any and all loss or liability arising
with respect to such payments, withholding, or taxes.
H. Distributor acknowledges that she/he may be exposed to
bad weather, possible bodily harm from individuals, and other
risks to safety and well being for which Zyming can not be
held responsible and over which Zyming has no control. Distributor
releases and holds harmless; Zyming, its officers, directors,
employees, and agents, for any harm or risk that Distributor
incurs. In the event of any loss, injury, or damage to the
property of others caused by an act of omission of Distributor,
Distributor acknowledges and agrees that Zyming is not responsible
for any loss, liability, claims, damages, or expenses resulting
from such act or omission. Distributor shall indemnify Zyming
for any claims, demands, judgments, orders, or damages, resulting
from any act or omission, or any violation of law by Distributor.
I. This agreement has been executed in the State of Florida
and shall be construed in accordance with the laws of the
State of Florida. The invalidity of any one or more provisions
of this agreement shall not adversely affect the continued
validity of the whole agreement which, in the event of such
invalidity, shall continue to be binding and in full force
and effect. In any action brought pursuant to the terms and
conditions of this agreement, the parties agree that the actions
shall be in a court of competent jurisdiction in and for Flagler
County, Florida.
J. If any litigation arises hereunder, the prevailing party
shall be entitled to reasonable attorneys fees and costs
at both the trial and appellate levels.
K. The parties acknowledge that this is the entire agreement
of the parties and Distributor agrees that no representations
have been made by Zyming or its agents with respect to this
contract unless specifically expressed herein.
All signatures of this agreement must be affixed personally
by the Distributor who must be of legal age to enter into
this agreement.
My signature below indicates my intent to (1) become a Distributor
dealing in the sale of ARVES Skin & Hair Solutions
Zyming, Inc., products and (2) comply with all the
policies, procedures, and provisions or any future amendments
thereto. I hereby acknowledge that I have read and accept
and agree to be bound by the terms and conditions outlined
on the front and back of this contract. I understand that
this agreement is subject to acceptance by ARVES Skin
& Hair Solutions and Zyming, Inc. (Zyming)
in its sole discretion.
___________________________________________________________________________
in
behalf of Zyming, Inc.: ________________________________________________________
|