RULES AND REGULATIONS, CODE OF ETHICS, TERMS AND CONDITIONS, NO SPAM POLICY.
MYKITCHENCLUB.NET DOES NOT GUARANTEE ANY INCOME OR PROFITS.
POSTING TO THE COMPANY WEBSITE ON THE INTERNET SHALL CONSTITUTE NOTICE TO ALL COMPANY MEMBERS. A MEMBER’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE OR NEW AGREEMENT ON THE COMPANY WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE BY THE MEMBER.
MyKitchenClub Refund Policy: We have a NO REFUND Policy on your product purchase.
STATEMENT OF POLICIES AND PROCEDURES
1. MyKitchenClub, hereinafter "Company", is a direct selling company that markets App products and services to the consumer through independent members. The policies and procedures herein are applicable to all independent members of the Company.
2. A member is one who has completed a Company sign up and agreement and has been accepted by the Company as a member. The Company reserves the right to accept or reject anyone as a member.
3. All members must be the age of majority in the state in which they distribute Company products. The Company reserves the right to reject any applications for a new member or applications for renewal.
4. All members are Independent Marketing Representatives of the Company and are not to be considered purchasers of a franchise or a distributorship. The agreement between the Company and its members does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the members. Each member shall hold harmless the Company from any claims, damages, or liabilities arising out of a member’s business practices. Company members have no authority to bind the Company to any obligation. Each member is encouraged to set up his/her own hours and to determine his/her own methods of sale, so long as he/she complies with the policies and procedures of the Company.
5. In the conduct of its business, the member shall safeguard and promote the reputation of the products of the Company and shall refrain from all conduct which might be harmful to such reputation of the Company or to the marketing of such products or inconsistent with the public interest, and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. A member may only market products in a legal manner.
6. The Company’s program is built upon retail sales to the ultimate consumer. The Company also recognizes that members may wish to also purchase product for their own personal or family use. The member, however, will not receive credit for bonus purposes, qualification, or advancement for his/her own personal purchases.
7. All members are responsible for paying local, state, and federal taxes due on earnings from commissions or any other earnings generated as a seller of Company products.
8. Company members shall not advertise Company products and/or marketing plans except as specifically approved by the Company. Company members agree to make no false or fraudulent representations about the Company, the products, the Company compensation plan, or income potentials.
9. Data processing fees, if any, will be deducted from commissions and bonuses.
10. Trademark, Trade Names, Advertising.
A. The name of the Company and other names as may be adopted by the Company are proprietary trade names and trademarks of the Company. As such, these marks are of great value to the Company and are supplied to members for use only in an expressly authorized manner. All members agree not to advertise the Company product in any way other than the advertising or promotional materials made available to all members by the Company. Members agree not to use any written, printed, recorded or any other material in advertising, promoting or describing the product or the Company marketing program, or in any other manner, any material which has not been copyrighted and supplied by the Company, unless such material has been submitted to the Company and approved in writing by the Company before being disseminated, published, or displayed.
B. Each member, an Independent Contractor, is fully responsible for all of his/her verbal and written statements made regarding products and marketing program which are not expressly contained in writing in the current member agreement, and advertising or promotional materials supplied directly by the Company. Members agree to indemnify the Company and hold it harmless from any and all liability including judgments, civil penalties, refund, attorney fees, court costs or lost business incurred by the Company as a result of member’s unauthorized representations.
C. The Company will not permit the use of its copyrights, designs, logos, trade names, trademarks, etc. without its prior written permission.
D. All Company materials, whether printed, on film, produced by sound recording, or on the internet, are copyrighted and may not be reproduced in whole or in part by a member or any other person except as authorized by the Company. Permission to reproduce any materials will be considered only in extreme circumstances. Therefore, a member should not anticipate that approval will be granted.
E. A Company member may not produce, use or distribute any information relative to the contents, characteristics, or properties of any Company product which has not been provided directly by the Company. This prohibition includes, but is not limited to, print, audio, or video media.
F. A Company member may not produce, sell, or distribute literature, films, or sound recordings which are deceptively similar in nature to those produced, published, and provided by the Company for its members. Nor may a member purchase, sell, or distribute non-company materials which imply or suggest that said materials originate from the Company.
G. Any display ads or institutional or trademark advertising copy other than covered in the foregoing rules, must be submitted to the Company and approved in writing by the Company prior to publication.
H. All advertising copy, direct mailing, radio, TV, newspaper, and display copy must be approved in writing before being disseminated, published, or displayed with the exception of blind ads where no reference is made to the Company name or product name.
BY ACCEPTING ANY COMMISSIONS FROM MyKitchenClub.net ASSIGNED TO YOU, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND AND ARE WILLING TO FOLLOW ALL THE RULES AND REGULATIONS, CODE OF ETHICS, AND TERMS AND CONDITIONS, ETC. AS DEFINED ON THE MyKitchenClub.net WEBSITE. AS AN INDEPENDENT MEMBER, YOU ARE LEGALLY BOUND TO ABIDE IN THE STRICTEST MANNER TO ANY AND ALL SUCH REQUIREMENTS FOR PARTICIPATION IN MyKitchenClub.net. MyKitchenClub.net RESERVES THE RIGHT TO CHANGE ANY AND ALL OF SAID REQUIREMENTS, AND IT IS YOUR OBLIGATION AS AN INDEPENDENT MEMBER OF MyKitchenClub.net TO STAY CURRENT WITH ALL COMPANY POLICIES. MyKitchenClub.net RESERVES THE RIGHT TO END THE MEMBER PROGRAM ANY TIME IT DEEMS NECESSARY FOR THE GOOD OF THE COMPANY AND MEMBERS OF MyKitchenClub.net
You will indemnify the MyKitchenClub.net, its affiliates, officers, directors, and employees and any upline agent of yours against any harm you cause them at any time and against any claim by a third party because of harm you caused to the third party at any time. The indemnified party may assert its rights to indemnification outside of arbitration if made a party to a proceeding by a third-party asserting a claim against the indemnified party.
Your "Principal address" is your home address as set forth in your sign up form. You will inform MyKitchenClub.net in writing of any changes in this address. A written amendment in the form of an agreement or acknowledgment signed by you is required for any change of your principal address.
To protect the Company, sales force, and the MyKitchenClub.net Companies, each MyKitchenClub Company (and, if specifically authorized in writing by that MyKitchenClub.net Company, any of your upline agents) may enforce your compliance with any restrictive covenant, confidentiality provision (including the return of confidential information), or trademark provision in your agreements with that MyKitchenClub.net Company to the fullest extent permitted by law by injunction or other equitable remedies (without having to arbitrate), and will not be required to post a bond to do so. You agree that you are not excused from complying with any restrictive covenant or confidentiality provision because of any claim you have against an MyKitchenClub.net Company.
To the extent waiver is permitted by law, neither you nor the MyKitchenClub.net will be entitled to consequential or punitive damages in any matter, arbitrated or not.
This is accepted and entered into in Montreal, Quebec, Canada herein and both parties agree that venue for any legal dispute shall be in Montreal, Quebec, Canada. The member shall pay all court costs, reasonable attorney’s fees, and legal interest on any award or judgment in favor of MyKitchenClub.net.
This Agreement will be effective when the sign up purchase order form is executed by you.
IN ORDER TO BECOME A MEMBER YOU MUST INDICATE YOUR ACCEPTANCE AND AGREEMENT WITH THESE POLICIES AND PROCEDURES BY CLICKING THE AGREEMENT BOX ON THE SIGN UP FORM.