RxClub America
 14119 S. Suddley Castle
Houston, TX 77095
United States
Phone: 8883885522

Application Terms and Conditions

Associate Member AGREES:

1. I am of legal age in the state of my residency. I agree that as an Independent Contractor, I am responsible for determining my own business activities without direction or control by RxClub America. I will not represent in any manner that I am an agent or employee of RxClub America. I am responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state or regulatory agency.

2. This position does not constitute the sale of a franchise and no fee, charge or required purchase for participation as an Associate Member has been required of me for participation as an Associate Member.

3. I agree that as a RxClub America Associate Member, I shall place the primary emphasis upon the sale of RxClub America products and services to non-Member ultimate consumers. Associate Members who reside in the states of Maine, North Dakota, Michigan, Indiana, Iowa, and West Virginia are limited to $495.00 in purchases as an Associate Member from the Company, during the first six months of Membership status. Permissible Member purchases shall be automatically modified to comply with the exemption requirements set forth in any states laws regulating business opportunities.

4. In presenting RxClub America products, services, marketing plan and the Associate Member position to prospects, I agree that such presentations shall strictly adhere to the following format and that I will be terminated as an Associate Member if I fail to do so:  In each presentation of the Member position the prospects shall be directly informed that no fee, charge, or required  purchase is necessary to become a RxClub America Associate Member.

5. I agree that I shall sell or distribute the majority in dollar cost over 70% of my wholesale product orders to non-Member consumers prior to reordering product. Retail sales records shall be maintained and subject to review and verification upon Company request.

6. In order to maintain a viable Company and to comply with changes in federal, state or local laws in economic conditions, RxClub America reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, these Terms and Conditions, Policies and Procedures and the Compensation Plan.  Any such revisions become effective and binding upon publication on the official RxClub America website or other official RxClub America publication.  Distributor agrees to be bound by these changes.

7. I understand that no attorney general or other regulatory authority ever reviews, endorses or approves any product, compensation program or company, and I will make no such claim to others.

8. I understand that my Associate Member position can be inherited or bequeathed, but cannot be transferred or assigned during my lifetime without written consent of the Company, which will not be unreasonably withheld.

9. This Agreement shall be deemed in effect upon its receipt and acceptance by RxClub America at its home offices in Houston, Texas.

10. I will not promote my Associate Member business nor use the Company name, or the trade names, logos, sales materials, trademarks or service marks of RxClub America, except in materials provided by the Company or approved in writing by RxClub America prior to their use by me. I understand that unauthorized use or duplication of trademarks or copyrighted materials is a violation of federal law.

11. I am responsible for supervising and supporting Associate Members I sponsor into the program and in my commissionable Downline. I agree to maintain monthly communication and support to those Members in my commissionable Downline by way of any of the following, or combination thereof, personal contact, telephone communication, written communication and attendance at Member meetings.

12. I will not make any disparaging, false or misleading statements about RxClub America Associate Member position or Company products, including but not limited to claims that Company products diagnose, cure, or prevent disease. Display of commission checks, the making of income projections and use of Associate Member income testimonials to prospective Associate Members is prohibited. I will conduct myself as an Associate Member in a courteous, fair and ethical manner.

13. Associate Members in the same household must have the same sponsor. Change of original sponsor is not permitted. Associate Member and customer lists and names are owned by Company and may never be used for any commercial or business purpose without prior written consent of RxClub America.  

14. This Agreement is governed under the laws of the state of Texas. The parties agree that any claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association with arbitration to occur at Houston, Texas.

15. Associate Members may return literature and products in resalable condition and cancel any Member services purchase at any time within thirty days of purchase and receive 85% refund. Shipping costs for returned items shall be done by Associate Member. Payment will be made within thirty days of actual receipt of returned, resalable items. The Company will honor refund policies provided by any state or federal law applicable to Associate Members. (New Mexico and Montana - one year; Georgia and Wyoming - no time limit; Massachusetts no time limit as to obligated commission qualification wholesale product purchases.) Note: Consumable products are not in resalable condition after one year from date of purchase. 

To return products you must obtain a return merchandise authorization (RMA) and return the products within 7 days after you receive the RMA. Company will refund the original purchase price of products, and related sales taxes. SHIPPING & HANDLING FEES ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL COMPANY RECEIVES THEM. YOU WILL BE CHARGED A RESTOCKING FEE OF 15% TO RETURN PRODUCTS. Returned products must be in the same condition as you received them. On other services including labs that are ordered and purchased from the Company, a 15% fee will be deducted from the purchase price if a credit is requested for the service after it is purchased but before work is commenced by the laboratory providing the service.  Once a laboratory commences work on the requested panel, a refund will not be considered for any reason. THIS RETURN POLICY IS NOT A WARRANTY.

RxClub America AGREES:

1. RxClub America will pay Associate Member commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Associate Member and his/her sales organization under the terms of the Compensation Plan.

2. RxClub America will retain full authority to accept or reject any Application or any order for products.  Such refusal is solely within the discretion of RxClub America.  No rights of action of against RxClub America will arise because of any such acceptance or refusal.

3. RxClub America reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, these Terms and Conditions, Policies and Procedures an the Compensation Plan.  Any such revisions become effective and binding upon publication on the official RxClub America website or other official RxClub America publication.  Associate Member agrees to be bound by these changes.

4. RxClub America provides the following fulfillment to its Associate Members: New Associate Members sales literature by Internet site, whether or not the optional Starter Kit is purchased; shipment of ordered sales aids and products are shipped within ten days of receipt of order and cleared funds, subject to availability of items ordered; calculation and payment of Associate Member commissions. Payment terms on Associate Member purchases: check, money order or credit card with order. No credit purchases or C.O.D.'s. Commissions are payable to Associate Members according to the Compensation plan which is incorporated herein by reference.   RxClub America may require an annual renewal fee.

5. RxClub America shall not be responsible for acts beyond its control, but not limited to: fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.

6. RxClub America assumes no liability for personal injury from use or mishandling of any of the RxClub America products.

7. RxClub America does not require Associate Members to sponsor and does not require any fee, charge or required purchase to be an Associate Member.

8. RxClub America reserves the right to terminate this agreement immediately upon receipt of sufficient information that  Associate Member has violated any Term or Condition of this agreement or has otherwise acted illegally or unethically.

9. RxClub America will honor the refund policies provided by any governmental law applicable to Associate Members.

10. RxClub America requests that all Associate Members obey the letter and the spirit of the law.

Home Office:

RxClub America
14119 S. Suddley Castle
Houston, TX 77095

Email: jadame@mindspring.com
Phone: 1-888-388-5522

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