ONE PHILIPPINES Independent Distributor
Terms and Conditions
ONE PHILIPPINES INC., (OPI) is desirous of accepting applications for Independent Distributor (“ID”). The applicant herein is desirous of becoming an ID to market products & services to retail customers and be eligible to earn commissions.
The applicant is entering the following agreement herein and agrees to the following Terms and Conditions and to the Policies and Procedures of OPI Inc.
1. The ID is of legal age to conduct business in the jurisdiction in which he/she resides.
2. Each ID must be current with their Membership requirements in order to be eligible to earn commission checks. ID understands that the membership fees are non-refundable.
3. ID must submit a signed and completed application form to OPI. ID will remain in a non-earning position until the signed application is paid, received and approved by OPI.
4. This Application Agreement is effective on the date received and accepted by OPI. This agreement shall be binding upon the successors or assignees of both parties and includes provisions contained in the Policies and Procedures.
5. ID is not an employee, agent, joint venture or partner and may not create or incur liability and/or obligations of any kind in the name of OPI. This application does not constitute the sale of a franchise or a distributorship. There are no exclusive territories granted to anyone, no franchise fees have been paid, nor is the ID acquiring any interest in a security by entering into the Application Agreement.
6. OPI offer Compensation Plan (“pay plan”) whereby eligible ID’s may earn commissions. ID understands that he/she is not guaranteed to earn an income, nor assured of any profits or success. The figures used in presenting the pay plan are for demonstration and illustration purposes only and are used to explain this marketing strategy. Advancement in the pay plan is dependent upon the development of retail sales, dedication and commitment by an ID to develop his/her network business.
7. ID agrees to familiarize him/herself with OPI. products and services, product and a services descriptions, Policies and Procedures, and the current pay plan.
8. All orders, payment and/or Application Agreements must be placed directly with OPI corporate office or its authorized fulfillment centers.
9. ID’s can earn commissions pursuant to the terms of the current pay plan. Commissions are paid in Peso (PhP) funds and are paid bi-weekly to the ID’s address registered with OPI. To receive bonuses and commissions, the ID understands he/she must meet the qualifications of the current pay plan.
10. ID acknowledges that neither OPI nor ID’s sponsor has made any claims of guaranteed profits or representation of anticipated profits that might result from ID’s efforts as an Independent Distributor of OPI. ID understands that success comes from retail sales, services and the development of an associate network. ID understands and agrees not to make statements, disclosures or representations in marketing OPI's products and services or the potential earnings of others or in the recruitment of perspective associates other than those contained in approved company literature.
11. ID is wholly responsible for Self Employment Tax, Employment Insurance and Provincial or municipal licensing where applicable. The ID holds OPI harmless regarding any liability in failure to comply.
12. All sales taxes are based on suggested retail prices, calculated at the ID's local tax rate. Tax is based on each individual products and services, SRP on all product packages.
13. ID will use only OPI printed or approved materials when representing OPI products and services. ID will make no claims or warrants that are not contained in OPI's printed or approved materials and further agrees to adhere to the principle of honest business ethics protecting OPI trade names, trademarks and the good will attached to OPI.
14. In the event ID sponsors other distributor’s, ID agrees to perform a bonafide supervisory, distributive and selling function in connection with the sale of OPI's products and services to the ultimate consumer. ID also agrees to train his/her personally sponsored ID’s in the performance of these functions. An ID is to have continued communication and supervision with his/her down line organization via any one or more of the following; personal contact, telephone, newsletters, fax, email and/or distributor company functions.
15. ID hereby agrees not to reprint or re-label OPI's product or literature under any other name or label. ID further agrees to refrain from producing, selling, and using for purpose of advertising, promoting or describing OPI's products, pay plan, or any other programs, all written recorded or other materials which have not been approved or provided by OPI.
16. ID understands and agrees that because of the personal nature of this Application Agreement, it may not be transferred without the prior consent of OPI.
17. OPI reserves the right to refuse any new application at its discretion.
18. The ID will not make any claims whatsoever, of therapeutic, medical, diagnostic, curative, treatment, prevention, mitigation of disease, or curative claims of any kind relating to any OPI product and services.
19. ID understands and agrees that a violation of any of the terms of this Application Agreement, including OPI Terms & Conditions, Policies and Procedures and Code of Ethics may result in his/her termination as an ID.
20. ID acknowledges and understands that he or she is responsible for following OPI’s regulations pursuant to the Policies and Procedures. The ID further agrees to refer to these Policies and Procedures regularly to ensure compliance. Policies and Procedures are obtainable on OPI's official website.
21. There is no inventory stocking of any kind required or encouraged. It is company policy to strictly prohibit the purchase of large quantities of product solely for the purpose of qualifying for bonuses or advancement in the marketing plan.
22. The parties agree that this agreement is governed by the laws of the Republic of the Philippines. Any claims, disputes or other differences arising between the Parties shall be exclusively resolved by binding arbitration law of the Republic of the Philippines. The arbitration shall take place at Quezon City. Any and all costs including lawyer’s fees incurred by OPI as a result of a breach of this Application Agreement shall be borne by the applicant.
23. OPI reserves the right to terminate an ID’s contract at its discretion.
24. ID understands and agrees that OPI may modify these Terms and Conditions, Policies and Procedures, pay plan, company literature and product prices, from time to time, when deems necessary.