SECTION ONE: INDEPENDENT SALES REPRESENTATIVE STATUS
1.01 BECOMING A INDEPENDENT SALES REPRESENTATIVE
An applicant becomes a Independent Sales Representative (“Independent Sales
Representative”) of AirTook when the applicant’s completed Application and
Agreement has been received and accepted by the Company, by Internet, by mail, at his/her home, office; anywhere. AirTook reserves the right to decline any
Agreement for any reason, at its sole discretion.
Independent Sales Representative uses his/her best effort to promote and sell
products and services of Company to consumers pursuant to the Agreement
contained within these Policies and Procedures and Terms and Conditions. In
doing so, Independent Sales Representative will maintain the high standards
of honesty, and integrity and business ethics when dealing with Consumers,
Company or other Company Independent Sales Representatives.
1.02 NO FEE, CHARGE OR PURCHASE REQUIRED
No initial fee, charge or purchase is required to become a Independent Sales
1.03 INDEPENDENT SALES REPRESENTATIVE OBLIGATIONS
Independent Sales Representatives are authorized to sell AirTook products and services and to participate in the Independent Sales
Representative Compensation Plan. Independent Sales Representatives may
sponsor new Independent Sales Representatives.
1.04 LEGAL AGE
Independent Sales Representatives must be of legal age in the state /
province / country of their residence.
When a couple sharing Independent Sales Representative entity divorces or
separates, Company will continue to pay commission checks in the same manner
as before the divorce or separation until it receives written notice signed
by both parties or a court decree which specifies how future commission
checks should be paid, provided and if applicable, the couple has complied
with the requirements of Section 5.03.
1.06 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other forms of
business organizations or trusts may become Independent Sales Representatives
of Company when the Agreement is accompanied by a federal ID number.
Shareholders, directors, officers, partners, members, beneficiaries and
trustees, as applicable of Independent Sales Representative entity must agree
to hold such title, and Company will hold each personally liable and bound by
the Agreement and these Policies and Procedures and Terms and Conditions.
1.07 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply as Independent Sales Representative using a
fictitious or assumed name.
1.08 INDEPENDENT CONTRACTOR STATUS
Independent Sales Representatives are Independent Contractors responsible for
determining their own activities without direction or control by AirTook. They are not franchisees, joint venture, partners, employees or
agents of Company and are prohibited from stating or implying, whether orally
or in writing, otherwise. Independent Sales Representatives have no authority
to bind AirTook Emporium Ltd to any obligation. AirTook is not responsible for payment or co-payment of any employee
benefits. Independent Sales Representatives are responsible for liability,
health disability and worker’s compensation insurance. Independent Sales
Representatives set their own hours and determine how to conduct business,
subject to AirTook’s Agreement, the Policies and Procedures and Terms and Conditions.
As Independent Contractors, Independent Sales Representatives will not be
treated as franchisees, owners, employees or agents of AirTook for federal or state tax purposes including, with respect to the
Internal Revenue Code, Social Security Act, federal unemployment act, state
unemployment acts or any other federal, state, or local statute, ordinance,
rule or regulation. At the end of each calendar year, Company will issue to
each Independent Sales Representative an IRS Form 1099, as required by law,
or other applicable documentation for non-employee compensation as a
Independent Sales Representative.
1.10 INDEPENDENT SALES REPRESENTATIVE
Independent Sales Representatives are required by federal law to obtain an identification number. This could be Int’l passport, National I.D, Driver’s license, and
voter’s card. Independent Sales Representatives will be
identified by this number, or a company assigned number, for purposes of
Company’s business. The Independent Sales Representative Identification
Number must be placed on all orders and correspondence with the Company.
1.11 LEGAL COMPLIANCE
Independent Sales Representatives must comply with all federal, state and
local statutes, regulations and ordinances concerning the operation of their
business. Independent Sales Representatives are responsible for their own
managerial decisions and expenditures including all estimated income and
1.12 NO EXCLUSIVE TERRITORIES
No franchise is granted and there are no exclusive territories for sales or
sponsoring purposes. No geographical limitations exist on sponsoring or
selling within the Nigeria; provided, however, that Company reserves the
right not to sell product or services or contract with Independent Sales
Representatives in specified states / provinces within Nigeria.
TERM & RENEWAL
Subject to the terms of Section 4.01, the Agreement shall have a term which
shall begin on the date of acceptance by AirTook and end one year from the date thereof (the “Anniversary Date”).
Independent Sales Representatives must renew annually, on the Anniversary
Date and Independent Sales Representative has the right to decline to accept
any renewal at its sole discretion. Company may require that Independent
Sales Representatives execute a new Agreement upon renewal. Independent Sales
Representatives not renewing by the renewal date shall be deemed to have
voluntarily terminated their Independent Sales Representative relationship
with Company, and thereby lose their Independent Sales Representative entity,
all sponsorship rights, their position in the Compensation Plan and all
rights to commissions and bonuses. Independent Sales Representatives who
fail to renew their Independent Sales Representative status may not reapply
under a new sponsor for three (3) months after non-renewal.
Independent Sales Representatives may sponsor other Independent Sales
Representatives into Company’s business. Independent Sales Representatives
must ensure that each potential new Independent Sales Representative has
reviewed and has had access to the current Policies and Procedures, Terms and
Conditions and Compensation Plan prior to or when giving the individual an
3.02 MULTIPLE AGREEMENTS
If an applicant submits multiple Independent Sales Representatives which list
different sponsors, only the first completed Agreement received by AirTook will be accepted.
3.03 TRAINING REQUIREMENT
A Sponsor must maintain an ongoing professional leadership association with
Independent Sales Representatives in his or her organization and must fulfil
the obligation of performing a bona fide supervisory or sales function in the
sale or delivery of products and services.
3.04 INCOME CLAIMS
Independent Sales Representatives must truthfully and fairly describe the Compensation Plan. No past, potential or actual income claims may be made to prospective
Independent Sales Representatives, nor may Independent Sales Representatives
use their own incomes as indications of the success assured to others.
Commission checks may not be used as marketing materials. Independent Sales
Representatives may not guarantee commissions or estimate expenses to
3.05 TRANSFER OF SPONSORSHIP
The company does not permit the transfer of sponsors. Network Marketing is a
business of creating relationships. Once an
Independent Sales Representative is sponsored, the company believes in
maximum protection of that relationship. The only exception is upon prior
written approval of AirTook to correct ethical violations as
determined at the sole discretion of AirTook.
3.06 CROSS SPONSORING
Independent Sales Representative may not sponsor, or attempt to sponsor, any
non personally sponsored independent sales representatives in any other
Network Marketing Company. In addition, no Independent Sales Representative
may participate in any action that causes another Independent Sales
Representative to be sponsored through someone else into another network
SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) Independent Sales Representative may voluntarily terminate his or
her Independent Sales Representative status by failing to renew or by sending
thirty (30) days written notice of such resignation or termination to AirTook. Voluntary resignation is effective upon receipt of such notice by AirTook.
b) Independent Sales Representative who resigns or terminates their
Independent Sales Representative status may reapply as Independent Sales
Representative, three (3) months after resignation.
Independent Sales Representative may be suspended for violating the terms of
his or her Agreement, which includes these Policies and Procedures, the Terms and Conditions and the Compensation Plan and other documents produced by AirTook. When a decision is made to suspend Independent Sales
Representative, AirTook will inform the Independent Sales
Representative in writing or by email that the
suspension has occurred effective as of the date of the written
notification, the reason for the suspension and the steps necessary to remove
such suspension (if any). The suspension notice will be sent to the
Independent Sales Representatives “address on file” pursuant to the notice
provisions contained in the Policies and Procedures and Terms and Conditions.
Such suspension may or may not lead to termination of the Independent Sales
Representative as so determined by AirTook at its sole discretion. If the Independent Sales Representative
wishes to appeal, AirTook must receive such appeal in writing within
fifteen (15) days from the date of the suspension notice. AirTook will review and consider the suspension and notify the Independent Sales
Representative in writing of its decision within thirty (30) days from the
date of the suspension notice. The decision of AirTook will be final and subject to no further review. AirTook may take certain action during the suspension period, including, but
not limited to, the following:
a) Prohibiting the Independent Sales Representative from holding
himself or herself as Independent Sales Representative or using any of
Company’s proprietary marks and/or materials;
b) Withholding commissions and bonuses that are due the Independent
Sales Representative during the suspension period;
c) Prohibiting the Independent Sales Representative from purchasing
services and products from AirTook; and/or;
d) Prohibiting the Independent Sales Representative from sponsoring
new Independent Sales Representatives, contacting current Independent Sales
Representatives or attending meetings of Independent Sales Representatives.
If AirTook, at its sole discretion, determines that
the violation which caused the suspension is continuing, and has not
satisfactorily been resolved or a new violation involving the suspended
Independent Sales Representative has occurred, the suspended Independent
Sales Representative may be terminated.
Independent Sales Representative may be immediately terminated for violating
the terms of his or her Agreement, which includes these Policies and
Procedures, Terms and Conditions and the Compensation Plan and other documents produced by AirTook upon written notice. AirTook may
terminate a violating Independent Sales Representative without placing the
Independent Sales Representative on suspension, at AirTook‘s sole discretion. When the decision is made to terminate Independent
Sales Representative, Company will inform the Independent Sales
Representative in writing at the address in the Independent Sales
Representative’s file that the termination has occurred.
If Independent Sales Representative wishes to appeal the termination, AirTook must receive the appeal in writing within fifteen (15) days from the
date of notice of termination. If no appeal is received within the fifteen
(15) day period, the termination will automatically be deemed final. If
Independent Sales Representative files a timely notice of appeal, AirTook will review the appeal and notify the Independent Sales
Representative of its decision within ten (10) days after receipt of the
appeal. The decision of AirTook will be
final and subject to no further review. In the event the termination is not
rescinded, the termination will remain effective as of the date stated in the
original termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon termination, the terminated Independent Sales
a) Must remove and permanently discontinue the use of the trademarks,
service marks, trade names and any signs, labels, stationary or advertising
referring to or relating to any product, plan or program of AirTook.
b) Must cease representing themselves as Independent Sales
Representative of AirTook;
c) Loses all rights to his or her Independent Sales Representative
position in the Compensation Plan and to all future commissions and earnings resulting therefrom;
d) Must take all action reasonably required by AirTook relating to protection of AirTook’s confidential information. AirTook has the right to offset any amounts owed by Independent Sales
Representative to AirTook including, without limitation, any
indemnity obligation incurred pursuant to Section 11.01 herein, from
commissions or other compensation due to the Independent Sales
The acceptance of any reapplication of a terminated Independent Sales
Representative or the application of any family member of a terminated
Independent Sales Representative shall be at the sole discretion of AirTook and can be denied.
4.07 STATE LAWS
Where state laws on termination are inconsistent with this policy, the
applicable state law shall apply.
5.01 ACQUISITION OF BUSINESS
Any Independent Sales Representative desiring to acquire an interest in
another Independent Sales Representative’s business must first terminate his
or her Independent Sales Representative status and wait three (3) months
before becoming eligible for such a purchase. All such transactions must be
fully disclosed and must be approved by AirTook in advance.
5.02 TRANSFERS OF INDEPENDENT SALES
Except as expressly set forth herein, Independent Sales Representative may
not sell, assign or otherwise transfer his or her Independent Sales
Representative entity (or rights thereof) to another Independent Sales
Representative or to an individual which has an interest in Independent Sales
Representative entity. Notwithstanding the foregoing, Independent Sales
Representative may transfer his or her Independent Sales Representative
entity to his or her sponsor, subject to the conditions of Section 5.03. In
such an event, the sponsor’s entity and the transferring Independent Sales
Representatives entity shall be merged into one entity.
5.03 CONDITIONS TO TRANSFERABILITY
Independent Sales Representatives may not sell, assign, merge or transfer his
or her Independent Sales Representative entity (or rights thereto) without
the prior written approval of AirTook and compliance with the following conditions:
a) AirTook possesses the right of first refusal with
respect to any sale, assignment, transfer or merger of any Independent Sales
Representative entity. Independent Sales Representative wishing to sell,
assign, transfer or merge his or her Independent Sales Representative entity
must first provide AirTook with the right and option to make such a
purchase or receive such transfer in writing on the same terms and conditions
as any outstanding or intended offer. AirTook will advise the Independent Sales Representative within ten (10)
business days after receipt of such notice of its decision to accept or
reject the offer. If AirTook fails to respond within the ten (10) day
period or declines such offer, the Independent Sales Representative may make
the same offer or accept any outstanding offer which is on the same terms and
conditions as the offer to AirTook to any
person or entity who is not Independent Sales Representative, married to, or
a dependent of Independent Sales Representative or who has any interest in
Independent Sales Representative;
b) The selling Independent Sales Representative must provide AirTook with a copy of all documents which detail the transfer, including,
without limitation, the name of the purchaser, the purchase price and terms
of purchase and payment;
c) An office administration transfer fee of
aTc100.00 must accompany the transfer documents;
d) The documents must contain a covenant made by the selling
Independent Sales Representative for the benefit of the proposed purchaser
not to compete with the purchaser or attempt to divert or sponsor any
existing Independent Sales Representative for a period of one (1) year from
the date of the sale or transfer;
e) Upon a sale, transfer or assignment being approved in writing by AirTook, the buying Independent Sales Representative must assume the position
and terms of agreement of the selling Independent Sales Representative and
must execute a current Agreement and all such other documents as required by AirTook; and
f) AirTook Emporium Ltd reserves the right, at
its sole discretion, to stipulate additional terms and conditions prior to
approval of any proposed sale or transfer. Company reserves the right to
disapprove any sale or transfer, where allowed by law.
5.04 CIRCUMVENTION OF POLICIES
If it is determined, at AirTook’s sole
discretion, that Independent Sales Representative entity was transferred in
an effort to circumvent compliance with the Agreement, the Policies and
Procedures, Terms and Conditions or the Compensation Plan, the transfer will be declared null and void. The Independent Sales
Representative entity will revert back to the transferring Independent Sales
Representative, who will be treated as if the transfer had never occurred
from the reversion day forward. If necessary and at AirTook’s sole discretion, appropriate action, including, without limitation,
termination, may be taken against the transferring Independent Sales
Representative to ensure compliance with the Policies and Procedures and
Terms and Conditions.
Notwithstanding any other provision of this Section, upon the death of
Independent Sales Representative, the Independent Sales Representative–ship will pass to his or her successors in interest as provided by
law. However, AirTook will not recognize such a transfer until
the successor in interest has executed a current Agreement and submitted
certified copies of the death certificate, will, trust or other instrument
required by AirTook. The successor will thereafter be entitled
to all the rights and be subject to all the obligations of AirTook Independent Sales Representative.
Any Independent Sales Representative who transfers his or her Independent
Sales Representative–ship must wait for three (3) months after
the effective date of such transfer before becoming eligible to reapply to
become a Independent Sales Representative.
6.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, AirTook may supply to Independent Sales Representatives confidential
information, including, but not limited to genealogical and Downline reports,
customer lists, customer information developed by AirTook or developed for and on behalf of AirTook by Independent Sales Representatives (including, but not limited to,
credit data, customer and Independent Sales Representative profiles and
product purchase information), Independent Sales Representative lists,
manufacturer and supplier information, business reports, commission or sales
reports and such other financial and business information which AirTook may designate as confidential. All such information (whether in written
or electronic format) is proprietary and confidential to AirTook and is transmitted to Independent Sales Representatives in strictest
confidence on a “need to know” basis for use solely in Independent Sales
Representatives business with AirTook. Independent Sales Representatives must use their best efforts to
keep such information confidential and must not disclose any such
information to any third party, or use this information for any non-AirTook activity directly or indirectly while a independent sales
representative and thereafter.
Independent Sales Representatives must not use the information to compete
with AirTook Emporium Ltd or for any purpose other than promoting AirTook’s program and its products and services. Upon expiration, non-renewal
or termination of the Agreement, Independent Sales Representatives must
discontinue the use of such confidential information and promptly return any
confidential information in their possession to AirTook.
6.02 COPYRIGHT RESTRICTIONS
With respect to product purchases from AirTook, Independent Sales Representatives must abide by all manufacturers’
use restrictions and copyright protections.
6.03 VENDOR CONFIDENTIALITY
AirTook‘s business relationships with its vendors,
manufacturers and suppliers are confidential. Independent Sales
Representatives must not contact, directly or indirectly, or speak to, or
communicate with any supplier or manufacturer of AirTook except at AirTook sponsored events at which the supplier or
manufacturer is present at the request of AirTook Emporium Ltd.
TRADEMARKS, LITERATURE & ADVERTISING
“AirTook and aepod” name trademarks, service
marks and copyrighted materials are owned by the AirTook Emporium
Ltd. The use of such marks and materials must
be in strict compliance with these Policies and Procedures.
7.02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by AirTook or approved in advance in writing by AirTook may be used to advertise or promote a Independent Sales
Representative’s business or to sell products and services of AirTook.
AirTook’s literature and materials
may not be duplicated or reprinted without the prior written permission.
7.03 USE OF COMPANY NAME
Independent Sales Representatives may use the name of AirTook only in the
following format: “Independent Sales Representative for AirTook”.
7.04 STATIONERY AND BUSINESS CARDS
Independent Sales Representatives are not permitted to “create” their own
stationery, business cards or letterhead graphics, if AirTook’s trade name or
trademarks are used. Only the approved Company’s graphics version and wording
are permitted; letterhead, envelopes and business cards must be ordered using
the online/stationery order form.
7.05 ELECTRONIC ADVERTISING
Independent Sales Representatives may not advertise or promote their
Independent Sales Representative business or Company’s business, products or
marketing plan or use Company’s name in any electronic media or
transmission, including on the Internet via web sites or otherwise, without
the prior written approval of AirTook’s legal department.
7.06 TELEPHONE LISTING
Independent Sales Representatives are not permitted to use Company’s trade
name in advertising their telephone and telecopy numbers in the white or
yellow page sections of the telephone book. Independent Sales Representatives
are not permitted to list their telephone numbers under Company’s trade name
without first obtaining AirTook’s prior written approval. If approval is
granted for an “800” listing, it must be stated in the following manner:
“Independent Sales Representative for AirTook”.
7.07 TELEPHONE ANSWERING
Independent Sales Representatives may not answer the telephone by saying
“AirTook,” or in any other manner that would lead the caller to believe that
he or she has reached the offices of the AirTook Emporium Ltd.
7.08 IMPRINTED CHECKS
Independent Sales Representatives are not permitted to use AirTook trade name
or any of its trademarks or service marks on their business or personal
7.09 MEDIA INTERVIEWS
Independent Sales Representatives are prohibited from granting radio,
television, newspaper tabloid or magazine interviews or using public
appearances, public speaking engagements, or making any type of statement to
the public media to publicize the Company, its products or Company
businesses, without the express prior written approval of AirTook. All media
inquires should be in writing and referred to AirTook’s corporate office,
No endorsements by a AirTook officer or administrator or third party may be
asserted, except as expressly communicated in AirTook literature and communications.
Federal and state regulatory agencies do not approve or endorse direct
selling programs. Therefore, Independent Sales Representatives may not
represent or imply, directly or indirectly, that AirTook‘s programs, products or
services have been approved or endorsed by any governmental agency.
Independent Sales Representatives may not produce or reproduce for sale or
personal use products sold by AirTook or any
audio or video material, presentations, events or speeches, including
conference calls. Video and/or audio taping of AirTook meetings and conferences is
7.12 REPACKAGING PROHIBITED
Independent Sales Representatives may not repackage products or materials of AirTook.
7.13 INDEPENDENT COMMUNICATIONS
Representatives, as Independent Contractors, are encouraged to distribute
information and direction to their respective Downlines. However Independent
Sales Representatives must identify and distinguish between personal
communications and the official communications of AirTook.
EIGHT: PAYMENT OF COMMISSIONS
8.01 BASIS FOR COMMISSIONS
Commissions and other compensation cannot be paid until a completed Agreement
has been received and accepted by AirTook.
Commissions are paid ONLY on the sale of AirTook
services and products. No commissions are paid on the purchase of Sales
materials or for Sponsoring Independent Sales Representatives. In order to
receive commissions on products and services sold, AirTook must have received and accepted
an Agreement prior to the end of the commission period in which the sale is made.
8.02 COMMISSION PERIOD
A business period refers to the time period opening on the first (1st) day of
the commission period and extending up until order entry closes on the last
business day of the period (5:00 p.m.). AIrTook
offices are open Monday through Friday 9 a.m.-6 p.m., except for certain
holidays as posted by AirTook.
8.03 COMMISSION PAYMENTS
Commissions are paid to “qualified” Independent Sales Representatives as
defined within the Compensation Plan. Independent Sales Representatives must
consult the Compensation Plan for a detailed explanation of the benefits,
commission structure and requirements of the Compensation Plan.
8.04 OFFSET OF COMMISSIONS
Any commissions or bonuses earned and paid on products returned is the
obligation of and must be repaid to Company by Independent Sales
Representatives earning such commissions. AirTook has
the right to offset such amounts against future commissions and other
compensation paid or owed to such Independent Sales Representatives who
SECTION NINE: PURCHASE & SALE OF PRODUCTS
9.01 STOCKPILING PROHIBITED
The success of AirTook depends on retail sales
to the ultimate consumer; therefore all forms of stockpiling are prohibited.
AirTook recognizes that
Independent Sales Representatives may wish to purchase certain products for
their own use. However, AirTook
strictly prohibits the purchase of products in unreasonable amounts and
prohibits the purchase of products only or primarily to qualify for
9.02 RETAIL SALES RULES
Independent Sales Representatives must save a copy of the Retail Sales Slip
given to retail customers; receipt shall be fully completed and include the
name, address and phone number of each retail customer and, upon request by AirTook, provide copies of such
receipts to AIrTook. If AirTook determines that retail sales
were not actually made, the Independent Sales Representative must repay AirTook all commissions earned during
the calendar period in which the retail sales were to have been made.
9.03 OVER 70% RULE
In order to receive commissions and overrides, Independent Sales
Representatives must certify on each product order form that they have sold
over seventy percent (70%) in AirTook
aTc) value of all products and commissionable services previously
purchased by the Independent Sales Representative at wholesale from the
company, to Non-Independent Sales Representative consumers. Independent Sales
Representatives shall maintain retail sales records available to the company
for inspected on request.
9.04 ORDERING METHODS
All orders submitted to AirTook shall
have the Independent Sales Representative Identification Number placed
thereon to assist AirTook in crediting the
appropriate Independent Sales Representative.
9.05 PAYMENT OPTIONS
Purchases may be paid by cashier’s check, Flutterwave/Paystack, debit
card, money order, or major credit card. The Independent Sales Representative
and retail customers are responsible for paying the costs of any returned
checks plus an administrative fee charged by AirTook, which
fee may change at any time based on past payment history of the customer. If
an underpayment is made, the order will not be processed until the full
amount is received by AirTook. If an overpayment is
made, AirTook will process the order
and issue a credit to Independent Sales Representative’s account, which will
automatically refund on the next commission check paid to Independent Sales
Representative. Orders will not be processed if cancellation of a credit card
is made. Orders for products are not effective until accepted by AirTook. To expedite shipping,
Independent Sales Representatives may authorize AirTook to keep a valid credit card on
file as security for payment. Overdue amounts will accrue interest at the
annual rate of 18% or at a higher if permitted by law.
9.06 SHIPPING AND HANDLING POLICY
Subject to availability all products will be shipped by aepod (AirTook Express Priority Overnight Delivery) or
other similar service within approximately three (2) business days of receipt of payment.
Payment for products shall be made at time of order. At Independent Sales
Representative’s option, the product may be shipped to a customer’s
designated “Ship-To address”, or to the Independent Sales Representative.
9.07 PRODUCT DELIVERY
Upon clearance of payment, the products and materials ordered will be
9.08 BACK ORDER POLICY
AirTook will expeditiously ship
all products currently in stock. Any out-of-stock items (unless discontinued)
will be placed on back order and distributed upon AirTook receiving additional
inventory. Independent Sales Representative will be charged and granted
commissions on back ordered items once they are shipped unless notified of
the discontinuance of such product. Back orders may be cancelled upon
Independent Sales Representative’s request and will create a credit on the
Independent Sales Representative’s account.
9.09 DAMAGED GOODS
The shipping company is responsible for any damage that occurs after it takes
physical custody of the products. A Independent Sales Representative who
receives damaged goods should follow this procedure:
a) Accept delivery;
b) Before the driver leaves, document on the delivery receipt the number of
boxes which seem to be damaged and have the driver acknowledge the damage in
c) Save the damaged products or boxes for inspection by the shipping agent;
d) Make an appointment with the shipping company to have the damaged goods
inspected, and call the Company Customer Service Department.
9.10 SHIPPING LOSS
In the event Independent Sales Representative or a consumer does not receive
a product order from Company in a timely fashion, the individual should
contact the Sales Department at AirTook.
9.11 REFUSED SHIPMENTS
Should Independent Sales Representative refuse delivery on any order he or
she has placed with AirTook and such product is
subsequently returned to COmpany; AirTook shall have the right to place
that Independent Sales Representative on suspension pending resolution of the
refusal of delivery. Neither Independent Sales Representative nor a consumer
shall refuse any shipment from AirTook unless
prior approval of AirTook has been obtained.
9.12 PRICING POLICY
AirTook will furnish
Independent Sales Representatives with a discount from its published retail
prices in its then current consumer catalog or order form in accordance with
its policies. This discount does not apply to literature, business aids,
gifts or special promotional items. Prices for AirTook’s
products, services and literature are subject to change without prior notice.
Independent Sales Representatives must provide all retail purchasers of AirTook‘s products with written
9.14 RETAIL PRICING
AirTook provides a suggested
retail price as a guideline.
9.15 PROMOTIONAL ITEMS
All promotional items which bear AirTook name
or logo must be purchased solely from AirTook unless
prior written permission is obtained from AirTook.
9.16 SALES TAX
AirTook may collect sales tax
on taxable items. Independent Sales Representatives may be responsible
to collect and remit sales tax on personal retail sales to the appropriate
9.17 PLACE OF SALE
The integrity of AirTook’s
marketing plan is built upon person-to-person, one-on-one and in-home
presentation methods of sale. AirTook‘s
products may not be sold to or displayed by any retail outlet, including, but
not limited to supermarkets or food stores, flea markets or swap meets,
permanent restaurant displays, bars or night clubs or any such similar
establishment, convenience stores or gas stations.
9.18 PRODUCT & SERVICES CLAIMS
Independent Sales Representatives may make no claim, representation or
warranty concerning any product or service of AirTook,
except those expressly approved in writing by AirTook or
contained in official AirTook materials.
9.19 FAX BLASTS, SPAMMING
Fax blasting and unsolicited e-mailing (SPAMMING) is prohibited.
SECTION TEN: RETAIL GUARANTEE & REFUND POLICY
10.01 RETAIL CUSTOMER GUARANTEE
Independent Sales Representative offers a thirty (30) day, 100% money-back,
and satisfaction guarantee to all retail customers. If a retail customer is
dissatisfied with any product for any reason, then the retail customer may
return that product in its original package and shipping container to the
Independent Sales Representative who sold the product within thirty (30) days
of purchase, for either replacement or a full refund of the purchase price.
All other warranties and guarantees are disclaimed.
Except as expressly stated herein, AirTook makes
no warranty or representation as to the merchantability, fitness for a
particular purpose, workmanship or any other warranty concerning any product
or service purchased from or through AirTook.
10.03 RETURN POLICIES
To return products you must obtain a return merchandise authorization (RMA)
and return the products within 7 days after you receive the RMA. AirTook will refund the original
purchase price of products, and related sales taxes. SHIPPING & HANDLING
FEES ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL AirTook RECEIVES THEM. YOU WILL BE
CHARGED A RESTOCKING FEE OF 10% TO RETURN PRODUCTS. Returned products must be
in the same condition as you received them. THIS RETURN POLICY IS NOT A
NOTE: AirTook will not accept to return any products you purchased from a
Reseller. In order to properly process a refund or exchange, Independent
Sales Representatives must follow the steps and conditions set forth below:
All returns to AirTook must be accompanied by:
a) A signed statement from the retail customer identifying the reason for
b) A copy of the original retail sales receipt; and
c) The name, address and telephone number of the retail customer
d) AirTook will prepay the cost of
shipping the replacement product(s).
Independent Sales Representative request for refund may, at AirTook‘s option, be treated as a
termination of the Independent Sales Representativeship.
10.04 BUYER’S RIGHT TO CANCEL
Federal law grants a buyer the right to cancel certain sales without penalty
prior to midnight of the third business day after the transaction. This rule
covers retail consumer sales of
or more that occur away from the seller’s main office. Independent Sales
Representatives must orally inform the buyer of the three-day right to cancel
at the time the buyer purchases the goods and deliver 2 three-day
cancellation notices to every customer.
11.01 INDEMNITY AGREEMENT
Each and every Independent Sales Representative agrees to indemnify and hold
harmless AirTook, its shareholders,
officers, directors, employees, agents and successors in interest from and
against any claim, demand, liability, loss, cost or expense including, but
not limited to, court costs and attorneys’ fees, asserted against or suffered
or incurred by any of them, directly or indirectly arising out of or in any
way related to or connected with allegedly or otherwise, the Independent
Sales Representatives (a) activities as Independent Sales Representative; (b)
breach of the terms of the Agreement; and/or (c) violation of or failure to
comply with any applicable federal, state or local law or regulation.
11.02 PROCESSING CHARGES
AirTook reserves the right to
institute a processing charge for commission checks and/or genealogy
11.03 OTHER SERVICES & PRODUCTS
Independent Sales Representatives may not promote or sell another company’s
products or services at functions organized to feature AIrTook‘s products. Independent Sales
Representatives are not restricted from selling other company’s services and
products which are not similar to or competitive with the products and
services of AirTook. However promotion of
competitive services, products and/or business programs with anyone,
including Independent Sales Representatives, is strictly prohibited.
To the extent permitted by law, AirTook shall
not be liable for, and each Independent Sales Representative releases AirTook from, and waives all claims
for any loss of profits, indirect, direct, special or consequential damages
or any other loss incurred or suffered by Independent Sales Representative as
a result of (a) the breach by Independent Sales Representative of the
Agreement and/or the Terms and Conditions and/or the Policies and Procedures;
(b) the operation of Independent Sales Representative’s business; (c) any
incorrect or wrong data or information provided by Independent Sales
Representative; or (d) the failure to provide any information or data
necessary for AirTook to operate its
business, including, without limitation, the enrolment and acceptance of
Independent Sales Representative into the Compensation Plan or the payment
of commissions and bonuses.
AirTook encourages all
Independent Sales Representatives to keep complete and accurate records of
all their business dealings.
11.06 FORCE MAJEURE
AirTook shall not be
responsible for delays or failure in performance caused by circumstances
beyond a party’s control, such as but not limited to: fire, flood,
earthquake, storm, power outages, network/data/internet
disconnection, labor difficulties, strikes, war, government decrees or orders
and/or curtailment of a party’s usual source of supply.
It is the obligation of every Independent Sales Representative to abide by
and maintain the integrity of the Policies and Procedures and Terms
and Conditions. If Independent Sales Representative
observes another Independent Sales Representative committing a violation, he
or she should discuss the violation directly with the violating Independent
Sales Representative. If the Independent Sales Representative wishes to
report such violation to AirTook, he or
she must detail violations in writing only and mark the correspondence
“Attention: Legal Department”.
AirTook reserves the right to
amend the Agreement, Policies and Procedures, Terms and Conditions, its
retail prices, product and service availability and the Compensation Plan
type at any time without prior notice as it deems appropriate. Amendments
will be communicated to Independent Sales Representatives through official AirTook website and or official
Company publications. Amendments are effective and binding upon submission to
the Company website. In the event any conflict exists between the original
documents or policies and any such amendment, the amendment will control.
11.09 NON-WAIVER PROVISION
No failure of AirTook to exercise any power
under these Policies and Procedures or to insist upon strict compliance by
Independent Sales Representative with any obligation or provision herein,
and no custom or practice of the parties at variance with these Policies and
Procedures, shall constitute a waiver of AirTook‘s
right to demand exact compliance with these Policies and Procedures. AirTook‘s waiver of any particular
default by Independent Sales Representative shall not affect or impair
Company’s rights with respect to any subsequent default, nor shall it affect
in any way the rights or obligations of any other Independent Sales
Representative. No delay or omissions by AirTook to
exercise any right arising from a default effect or impair AirTook‘s rights as to that or any
subsequent or future default. Waiver by AirTook can be
affected only in writing by an authorized officer of AirTook.
11.10 GOVERNING LAW
The Agreement and these Policies and Procedures shall be governed by the laws
In the event a dispute arises between the AirTook and a
Independent Sales Representative regarding their respective rights, duties
under this agreement, or in the event of a claim of breach of the Independent
Sales Representative Agreement, it is agreed that such dispute shall be
exclusively resolved pursuant to binding arbitration under the Commercial
Rules of the Nigerian Arbitration Association
with arbitration to occur at Uyo AK Nigeria. The Arbitrator may award, in
addition to declaratory relief, contractual damages and shall award
reasonable attorney’s fees and costs to the prevailing party. An award of
attorney’s fees and costs shall continue through any review, appeal or
enforcement of an arbitration decision. The arbitration decision may be
enforced in any court of competent jurisdiction. This provision shall not be
construed so as to prohibit either party from obtaining preliminary or
permanent injunctive relief in any court of competent jurisdiction. The
parties each expressly waive their right to collect consequential, punitive
and exemplary damages from the other party.
11.12 ENTIRE AGREEMENT
The Policies and Procedures are incorporated into the Agreement and, along
with the Terms and Conditions and Compensation Plan, constitute the entire
agreement of the parties regarding their business relationship.
If under any applicable and binding law or rule of any applicable jurisdiction,
any provision of the Agreement, including these Policies and Procedures and
Terms and Conditions, or any specification, standard or operating procedure
which AirTook has prescribed is held
to be invalid or unenforceable, AirTook shall
have the right to modify the invalid or unenforceable provision,
specification, standard or operating procedure or any portion thereof to the
extent required to be valid and enforceable, and the Independent Sales
Representative shall be bound by any such modification. The modification
will be effective only in the jurisdiction in which it is required.
11.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, AIRTOOK AND
ITS INDEPENDENT SALES REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES AND
OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND INDEPENDENT SALES
REPRESENTATIVE HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR
LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE,
NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR
OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT
TORT OR STRICT LIABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY
LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY
OWNED BY THE INDEPENDENT SALES REPRESENTATIVE AND ANY COMMISSIONS OWED TO THE
INDEPENDENT SALES REPRESENTATIVE.
Any communication, notice or demand of any kind whatsoever which either the
Independent Sales Representative or AirTook may be
required or may desire to give or to serve upon the other shall be in writing
and delivered by electronic communication whether by telex, telegram, Email
or telecopy (if confirmed in writing sent by registered or certified mail,
postage prepaid, return receipt requested). Any such communication, notice
or demand shall be deemed to have been given or served on the date of
confirmed dispatch, if by electronic communication, or on the date shown on
the return receipt or by other evidence if delivery is by mail.
AirTook Emporium Ltd
#247 Oron road, uyo
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