This form is for review only. The Proprietor Agreement must be submitted online in the Join Process.
Dresden & Company Proprietor Agreement
This Agreement is made between Dresden & Company, an Ohio corporation with the principal place of business at 701 Chestnut Street, Dresden, OH 43821 and (Proprietor).
I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. I AM AT LEAST 18 YEARS OF AGE; I AM A CITIZEN OR PERMANENT RESIDENT OF THE UNITED STATES, AND I POSSESS A VALID SOCIAL SECURITY NUMBER.
The Company is engaged in the sale of baskets, pottery, food and home and personal accessories (Products) under various trademarks, and the Proprietor is an independent contractor who sells on a direct sales basis according to the following terms and conditions.
THE PROPRIETOR AGREES:
1.) 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.
2.) 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.
3.) 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.
4.) 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.
5.) To purchase a Bundle that includes sample products and other necessary business materials. No commission on Bundles are paid to anyone.
6.) Visa, Mastercard and Discover credit cards only will be accepted. Checks and money orders will not be accepted and monthly payment options are not available for Bundles.
7.) 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’, Co. Hosts’, or Proprietors’ credit card on file. Proprietors will not pay an annual renewal fee or credit card fees and/or other transaction fees.
8.) All Proprietors will be charged a monthly business fee of $12.99 plus tax per month. This fee will be charged monthly to the Proprietors’ credit card on file.
9.) The Company will use email and phone to communicate with the Proprietor to facilitate the ongoing contractual business relationship between the Company and Proprietor.
10.) 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.
11.) That the Proprietor shall not sell the Products outside of the 50 United States and the District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam.
12.) This Agreement cannot be assigned or transferred by the Proprietor.
13.) That the Proprietor has no power or authority to incur any debt, obligation or liability on behalf of the Company.
14.) 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.
15.) 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.