This form is for review only. The Proprietor Agreement must be submitted online in the Join Process.
Dresden & Company Proprietor Agreement
THE PROPRIETOR AGREES:
- To order Products from the Company according to the terms outlined in the Home & Life Journal, dresdenandcompany.com, other sales and marketing materials that are in effect at the time the order is placed. The Company may change the prices of the products at any time, as well as change from time to time the Home & Life Journal, dresdenandcompany.com, other sales and marketing materials.
- To sell Products using the party plan system and direct selling channels as well as other Dresden & Company venues as described in the Company Guidelines section of the Proprietor Guidelines.
- That all orders are subject to acceptance by the Company at its place of business, but the Proprietor may cancel orders with the Company’s consent subject to terms that reimburse the Company for any loss caused by the cancellation.
- That the Proprietor is an independent contractor and not an employee, agent or franchisee, joint venture, partner or owner of the Company, and that Proprietor shall not be treated as an employee, agent or franchisee, joint venture, partner or owner of the Company under the Internal Revenue Code, Social Security Act, Federal Unemployment Act, Federal Insurance Contributions Act (FICA), worker’s compensations, any state unemployment act or any other federal, state or local statute, ordinance, rule or regulation. Proprietor shall be fully responsible for all applicable taxes, license requirements, and fees related to Proprietor’s business.
- Visa, Mastercard, Discover, and American Express credit cards only will be accepted. Checks and money orders will not be accepted, and monthly payment options are not available for orders.
- Proprietors must place a credit card on file when joining. ACH accounts will be utilized for deposits. All processed orders/parties must be paid with the customers’, Hosts’, or Proprietors’ credit card on file. Proprietors will not pay an annual renewal fee or credit card fees and/or other transaction fees.
- The Company will use email and phone to communicate with the Proprietor to facilitate the ongoing contractual business relationship between the Company and Proprietor.
- That the Company’s trademarks, service marks and copyrighted materials are owned solely by the Company and that use of such marks and materials by the Proprietor must be in compliance with the Company’s policies, as such may be amended by the Company from time to time. The Proprietor further agrees that the Company has a proprietary interest in its customer lists/Proprietor lists and other Confidential Information, as described in the Company Guidelines, and that the Proprietor will not use or disclose such Confidential Information except as authorized by the Company.
- That the Proprietor shall not sell the Products outside of the 50 United States and the District of Columbia.
- This Agreement cannot be assigned or transferred by the Proprietor.
- That the Proprietor has no power or authority to incur any debt, obligation or liability on behalf of the Company.
- To indemnify and hold the Company, its employees and agents harmless from damages resulting from actions or inactions by the Proprietor or the Proprietor’s failure to abide by the terms of this Agreement.
- To read and comply with this Agreement, the Company’s Career Plan, Proprietor Guidelines, dresdenandcompany.com and their successor documents or websites, the terms and conditions of which are incorporated herein by reference as part of the Agreement, and all of which may be amended or modified from time to time by the Company.
THE COMPANY AGREES:
- That the Proprietor shall not be required to pay any fee or make any purchase to become a Proprietor.
- To permit the Proprietor to earn commissions on guest sales made by the Proprietor.
- To pay the Proprietor a bonus on sales made by Proprietors mentored by the Proprietor in accordance with the Career Plan.
- To provide the Proprietor access to products through various Proprietor Programs.
BOTH PARTIES AGREE:
- That this Agreement constitutes the full agreement between the Proprietor and the Company and that no additional promises, representations, guarantees or agreements of any kind are valid unless expressly amended in writing by an authorized representative of the Company.
- That this Agreement shall be governed by and interpreted according to the laws of the State of Ohio without reference to choice of law rules. Proper jurisdiction and venue for any disputes between the parties shall be in a federal court or state court having jurisdiction in Muskingum County, Ohio. If any provision of this Agreement is unenforceable or invalid, the Agreement shall be ineffective only to the extent of such provision and the validity of the remaining provisions of the Agreement shall not be affected.
- The Proprietor will earn commissions paid twice monthly.
- That this Agreement is effective only after an authorized representative of the Company accepts the Agreement.
- This Agreement shall be in effect upon acceptance and may be renewed based on the terms and conditions in the Company’s Proprietor Guidelines.
- This Agreement may be terminated at any time by either party upon written notice for a breach of any provision of this Agreement by the other party or by 30 days written notice without cause.
The Proprietor authorizes the Company, on her/his behalf, except as otherwise required by applicable law, to collect and remit to the proper governmental agencies, sales tax calculated on the suggested retail price of product.