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PURE HERBS, LTD. DISTRIBUTOR APPLICATION AGREEMENT
PLEASE READ THIS INFORMATION BEFORE SIGNING IT, THIS IS A LEGALLY BINDING CONTACT!
1.) For tax purposes, the applicant must provide the proper taxpayer
identification number (this is normally the applicant's social security number).
The taxpayer identification number must match the name on the application. Only
one taxpayer identification number per household/business can be
accepted. Application must have your signature and your social security or
Federal tax Id number in order to process.
2.) I am an independent contractor and not an employee, agent, or representative
of PURE HERBS, LTD. Therefore, I am solely responsible for my own business.
3.) I will obey all laws pertaining to the operation of my business including,
but not limited to, paying all fees and taxes due any local, state or federal
agencies.
4.) I will purchase product and conduct my business according to the procedure
published in the PURE HERBS, LTD. MARKETING PLAN.
5.) I will never make any claims, statements or advertisements concerning PURE
HERBS, LTD. or any of its products except those that have been officially
approved in writing by the company. I understand that herbs and PURE HERBS, LTD.
herbal products are foods and should be represented as such. They cannot be used
to treat or cure disease.
6.) Due to F.D.A. regulations regarding food products, PURE HERBS, LTD. has a no
return policy. The exceptions are breakage and manufacturing defects. This
policy is necessary, as the returned product must be destroyed.
7.) I may sponsor persons into the PURE HERBS, LTD. DISTRIBUTION PROGRAM without
cost or investment, provided PURE HERBS, LTD. accepts their application. PURE
HERBS, LTD. reserves the right to deny any application.
8.) PURE HERBS, LTD. reserves the right to terminate this DISTRIBUTOR AGREEMENT,
upon 30 days prior written notice, should the undersigned violate any of the
terms and conditions of this DISTRIBUTOR AGREEMENT, any published rule of PURE
HERBS, LTD., or any of the provisions of the PURE HERBS, LTD. MARKETING PLAN.
Furthermore, PURE HERBS LTD., reserves the right to set off against any monies
due and owing to the undersigned by PURE HERBS, LTD. any money due and owing by
the undersigned downline or for any other violation of the undersigned of this
DISTRIBUTOR AGREEMENT or the aforementioned published rules or MARKETING PLAN of
PURE HERBS, LTD.
9.) PURE HERBS, LTD. reserves the right to amend the MARKETING PLAN upon 30 days
notice to existing Distributors.
10.) PURE HERBS, LTD. HAS AN APPLICATION FEE OF $35.00 (due when turning the
application in to PURE HERBS, LTD.) and a yearly Distributor's renewal fee of
$20.00 (due each year following your initial sign up). This renewal fee shall be
used to cover the costs of newsletters and materials sent to the Distributor.
The applicant is responsible for mailing or faxing this Application Agreement
and his/her application fee to the company. PURE HERBS, LTD. will not accept any
altered Application Agreement Forms. Also, any incomplete application will be
sent back to the applicant.
11.) I am eighteen years of age or older.
12.) Applications must be mailed or faxed. We cannot take phone applications.
13.) PHL has adopted, used
and registered the trademark PURE HERBS, LTD.® This trademark and all variations
and derivations thereof, including the term PURE HERBS, belong to and are the
property of PHL. As such, no distributor shall include or use the name "Pure
Herbs," or any variation or derivation thereof as part of the name of the
distributor's corporation, limited liability company, partnership, assumed
named, organization, domain name or website. Any improper use of this trademark
shall constitute an infringement of PHL's trademark.
14.) All website, promotional and/or informational materials must clearly and
prominently identify the distributor as an "independent distributor of Pure
Herbs' products." Distributor shall not in any way use, issue or disseminate any
promotional, informational or marketing materials that creates confusion or
suggest that the customer or end user is dealing with PHL and not the
distributor.
15.) Distributor shall only use information which has been approved by PHL when
they are referring to, or describing, PHL, its products or any of its officers,
directors, employees and/or agents. The purpose of this prohibition is to
prohibit a distributor, either on their website or in their
promotional/informational materials, from intentionally or unintentionally
representing that PHL or any of its officers, directors, employees or agents are
employees, directors, officers, consultants or agents of the distributor.
16.) While distributors may reproduce and disseminate the "Pure Herbs, Ltd.'s
Distributor Application Agreement" as part of their website or promotional
materials, they shall not alter the Application. Further, unless specially
requested by the applicant, distributor shall not automatically fill in the
sponsor's name on the application. All application fees received by distributor
shall be immediately forwarded to PHL
17.) Any distributor's website, advertising or promotional/informational
materials that in any way identifies and references PHL's products must contain
a clear and unambiguous disclaimer in bold face type that the information
provided (a) is not intended to be a substitute for medical advice by a licensed
physician; (b) that a person should consult a physician regularly in all matters
and especially in matters of diagnosis, treatment or cure of diseases or other
physical or mental conditions; (c) that the information has not been verified by
the American Medical Association or the Food and Drug Administration; and (d)
that PHL's herbal products are food and flavorings and cannot be used to treat
or cure diseases. Distributors are strictly prohibited from making false or
misleading statements or claims regarding any PHL products and shall not make
any claims regarding the use or effectiveness of the products that has not been
previously approved.
18.) So long as distributor is in strict compliance with this Agreement,
distributor shall be entitled to provide a link to PHL's website on the
distributor's website or in its information and promotional materials. The
proper address for PHL's website is www.pureherbs.com.
All of the other terms and conditions as contain in Paragraphs 1 through 12 of
the Distributor Agreement shall remain in full force and effect.
DATED February 1, 2010, at Sterling Heights, Michigan
*****************
RE: Addendum to Pure
Herbs, Ltd. Distributor Application Agreement
Dear Valued Distributors:
Prior to 1976, there were many companies providing herbal products in a solid
form, such as tablets and capsules. Gisela and I were strong believers in the
healthy benefits of herbal products, but felt that if these same products could
be deliver in a liquid form, they would provide far better nutritional benefit
as they could be more easily absorbed by the human body. This provided the
inspiration for our herbal business which has since become known as "Pure Herbs,
Ltd.®" The response and acceptance of our unique herbal products was
overwhelming and we quickly went from our kitchen table to our first
manufacturing facility. At that time Gisela and I wanted to select a name for
our new company which would be unique and set us apart from our competitors.
After considering many options we chose "Pure Herbs, Ltd.®" because we felt that
it best reflected our philosophy to promote good health through the use of our
unique liquid herbal products. Little did we know in 1976, that these efforts
and hard work would turn into the present day Pure Herbs that is distributing
quality herbal products to customers throughout the world via a network of more
than 33,000 distributors.
As the company's reputation grew we decided to take the necessary steps to
insure that no one else could use the name Pure Hers, Ltd.® or Pure Herbs when
identifying their company or herbal products. On December 14, 1992, we submitted
our trademark application and on June 21, 1994, the United States Patent and
Trademark Office granted trademark status to the name Pure, Herbs, Ltd.® Since
then we have spent a considerable amount of time and money in marketing and
promoting the name Pure Herbs, Ltd.® and Pure Herbs.
Recently our attorneys brought to our attention that other herbal product
manufacturers were using our trademark or a derivative thereof, i.e. Pure Herbs.
They explained that in order to keep and preserve this valuable asset we must
take action to prevent any other entity from using Pure Herbs, Ltd.® or Pure
Herbs. Based upon their advice, we have instructed our attorneys to send Cease
and Desist Letters to various manufacturers who are presently using the name or
nomenclature Pure Herbs on their website, as part of their corporate name or in
promotional materials.
In addition to protecting our trademark from outside competitors, our attorneys
informed us that our distributors must also follow the same rules and
regulations when using the names Pure Herbs, Ltd.® and/or Pure Herbs. After
extensive discussions, our attorneys have drafted the attached "Addendum to Pure
Herbs, Ltd.® Distributor Application Agreement" ("hereinafter Addendum"). This
Addendum contains a few simple rules and regulations which will protect the Pure
Herbs trademark while, at the same time, provide each distributor with a clear
understanding as to how our trademarked name can or cannot be used. Our counsel
informed us that it is equally important that our distributors follow the
various rules and regulations promulgated under the United States trademark
laws. Apparently if we do not all abide by these rules, Pure Herbs could lose
its valuable trademark which it has promoted over the past 30 years. This would
also negatively impact you as distributors. Therefore, it is in all of our best
interests that everyone adheres to the terms and conditions contain in the
Addendum.
While each of you should carefully review the enclosed Addendum, let me briefly
summarize its contents:
No distributor can use the name Pure Herbs, Ltd.® or Pure Herbs or any variation
thereof as part of their corporate name or business enterprise.
No Distributor may use the name Pure Herbs, Ltd.® or Pure Herbs or any variation
thereof in their website or domain name.
When providing information regarding Pure Herbs products, distributors shall
only use information which has been approved by Pure Herbs.
On each website, marketing and promotional materials, distributors must clearly
and prominently state that they are "independent distributors of Pure Herbs
products" and shall not in any way represent that they are part of or an agent
of Pure Herbs, Ltd.®
No distributor shall make any false or misleading statement regarding Pure Herbs
products.
After reading the Addendum, you may be thinking how can I use the name Pure
Herbs, Ltd.® or Pure Herbs. Each distributor may and should represent themselves
as an independent distributor of Pure Herbs, Ltd.® products. As part of their
promotional and informational materials and /or their website, a distributor may
accurately identify all of the herbal products sold by Pure Herbs. Also, on your
website you can provide a link to the Pure Herbs, Ltd.® website,
www.pureherbs.com. You may also reproduce any of the information or documents
provided by Pure Herbs on its website or through its mailings, but this
information should be identified as to its source and must not be altered. This
is not intended to be an exhaustive list of how the name Pure Herbs can be used,
but it should provide you with some general ideas. In a nutshell, we are trying
to prevent the public from thinking that the distributor is an agent or part of
the Pure Herbs, Ltd.® corporation.
The Addendum should not, in any way, hinder you from successfully promoting the
good name of Pure Herbs and its herbal products. Please carefully review the
attached Addendum and make whatever adjustments and changes that are necessary
to bring your business in line with these few simple rules. All changes must be
made within thirty (30) days of the date of this letter.
If you have any questions regarding these or any other matters, please do not
hesitate to contact us. Wishing you a successful and prosperous New Year, we
remain,
Very truly yours,
Dr. Eugene C. Watkins,
Chairman and President
Gisela G. Watkins
Vice President
ADDENDUM TO PURE HERBS, LTD DISTRIBUTOR APPLICATION AGREEMENT
This Addendum ("Addendum") is intended to supplement the terms and conditions of
Pure Herbs, Ltd's Distributor Application Agreement ("Distributor Agreement")
between Pure Herbs, Ltd. and each of its distributors. Pursuant to Paragraph 8
of the Distributor Agreement, Pure Herbs, Ltd. ("PHL"), this Addendum amends the
distributor rules and the provisions of PHL's Marketing Plan. Continued
operation by a distributor of a Pure Herbs, Ltd. distributorship shall be deemed
acceptance of this Addendum. This Addendum shall become effective thirty (30)
days from the date of this Addendum.
The following Paragraphs 13 through 18 shall be added to the Distributor
Agreement.
Paragraph 13. PHL has adopted, used and registered the trademark PURE HERBS,
LTD.® This trademark and all variations and derivations thereof, including the
term PURE HERBS, belong to and are the property of PHL. As such, no distributor
shall include or use the name "Pure Herbs," or any variation or derivation
thereof as part of the name of the distributor's corporation, limited liability
company, partnership, assumed named, organization, domain name or website. Any
improper use of this trademark shall constitute an infringement of PHL's
trademark.
Paragraph 14. All website, promotional and/or informational materials must
clearly and prominently identify the distributor as an "independent distributor
of Pure Herbs' products." Distributor shall not in any way use, issue or
disseminate any promotional, informational or marketing materials that creates
confusion or suggest that the customer or end user is dealing with PHL and not
the distributor.
Paragraph 15. Distributor shall only use information which has been approved by
PHL when they are referring to, or describing, PHL, its products or any of its
officers, directors, employees and/or agents. The purpose of this prohibition is
to prohibit a distributor, either on their website or in their
promotional/informational materials, from intentionally or unintentionally
representing that PHL or any of its officers, directors, employees or agents are
employees, directors, officers, consultants or agents of the distributor.
Paragraph 16. While distributors may reproduce and disseminate the "Pure Herbs,
Ltd.'s Distributor Application Agreement" as part of their website or
promotional materials, they shall not alter the Application. Further, unless
specially requested by the applicant, distributor shall not automatically fill
in the sponsor's name on the application. All application fees received by
distributor shall be immediately forwarded to PHL
Paragraph 17. Any distributor's website, advertising or
promotional/informational materials that in any way identifies and references
PHL's products must contain a clear and unambiguous disclaimer in bold face type
that the information provided (a) is not intended to be a substitute for medical
advice by a licensed physician; (b) that a person should consult a physician
regularly in all matters and especially in matters of diagnosis, treatment or
cure of diseases or other physical or mental conditions; (c) that the
information has not been verified by the American Medical Association or the
Food and Drug Administration; and (d) that PHL's herbal products are food and
flavorings and cannot be used to treat or cure diseases. Distributors are
strictly prohibited from making false or misleading statements or claims
regarding any PHL products and shall not make any claims regarding the use or
effectiveness of the products that has not been previously approved.
Paragraph 18. So long as distributor is in strict compliance with this
Agreement, distributor shall be entitled to provide a link to PHL's website on
the distributor's website or in its information and promotional materials. The
proper address for PHL's website is www.pureherbs.com.
All of the other terms and conditions as contained in Paragraphs 1 through 12 of
the Distributor Agreement shall remain in full force and effect.
DATED February 1, 2010, at Sterling Heights, Michigan
Incomplete applications will not be processed.
WANT TO JOIN US?
CLICK ON THE RED WORD APPLICATION
APPLICATION
PRINT IT - FAX OR MAIL
FAX (586) 446-8218
&
IF YOU WOULD LIKE TO SEND AN ORDER
ALONG WITH YOUR APPLICATION
CLICK
ORDER
(order must be sent along with a completed application)
SHIPPING CHARGES: ALL ORDERS HAVE
SHIPPING CHARGES
1 ounce and 4 ounce bottles must be shipped separately in U.P.S. approved
containers, each is a
separate order. So, if you place a 1 ounce and a 4 ounce order at the same time
they each have to be shipped as separate orders with separate shipping charges.
If only ordering 1/2 ounce bottles, shipping charges apply as below. They can be
shipped in 1 ounce bottle orders. But, we can not put them in 4 ounce bottles
orders.
(The products do not have to be all the same herb or combination, just the same
size).
Capsules, Creams, Lotions or Tablets can be put in either a 1 ounce or 4 ounce
box. If only ordering Capsules, Creams or Tablets shipping charges apply as
below. If ordering 1/2 ounce bottles only shipping rules below also apply.
$99.00 and under=$7.50 $100.00 - $249.00=$8.50 $250.00 - $499.99=$10.00
$500.00 - $1199.00=$12.50
$1200.00 and up=$17.50
C.O.D. ORDERS HAVE AN ADDITIONAL FEE OF
$10.00. (Check or Money order only).
There is an additional charge of $5.00 per order for each drop-ship.
(Orders sent to anyone other than yourself).
Also if you want to ship overnight,
second day air, or third day ground
you will just incur that cost and not our shipping too.
Exception: We will ship international and
Military packages, you must call for charges as they will be at the Distributor's expense.
We do not ship into Canada.
PURE HERBS, LTD. HOURS
Please note that Pure Herbs, Ltd. is open Monday through Friday
9:00 a.m. till 5:30 p.m. Eastern Time. At 5:30 p.m. we start our end of the day
computer clean-up; so, we do lock our doors promptly at 5:30 p.m. and activate
our voice mail system for your phone calls. During the summer months we change
to E.D.T. (eastern daylight savings time). If you need to place an order and it
is not during business hours, please call our voice mail system. Our voice mail
system has many options to choose from; make your selection and then leave a
detailed message. Always leave your last name, phone number, distributor number,
and method of payment (we accept Visa, MasterCard, Discover and American Express,
or you can pay by C.O.D., check or money order only). If you have a rotary
phone, stay on the line and you will have the opportunity to leave a message at
the end. Also, please be aware that when all of our lines are busy you will
automatically be transferred to our voice mail system. See: THE LAST BUSINESS DAY OF THE MONTH.
DUE TO THE PRIVACY ACT, PURE HERBS, LTD. WILL
NOT PROVIDE YOUR PERSONAL INFORMATION TO ANYONE OUTSIDE OF YOUR UPLINE.
Welcome !!!!!
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- Postal address
- PURE HERBS, LTD.
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33410 Sterling Ponds Blvd.
- Sterling Heights, Michigan 48312 U.S.A.
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