Consultant Agreement - Statement of Terms and Policies

Code of Ethics

As a Consultant of Shop & Putt (hereinafter “Shop & Putt” or “the Company”) I hereby promise and agree that:

1.   I will be honest and forthright in all my transactions while acting as a Consultant of Shop & Putt, and will perform all activities in a manner that will enhance my reputation and the reputation of Shop & Putt.

2.   I will not engage in any illegal or deceptive practice.

3.   I will respect the time and privacy of everyone I contact to become retail customers or Consultants of Shop & Putt. I will be courteous and respectful to everyone contacted in the course of my Shop & Putt business. I recognize Shop & Putt’s officers have strong personal convictions regarding the ethical conduct of all Shop & Putt Consultants.

4.   I will fulfill my leadership responsibilities as a Sponsor, including training and providing support to the Consultants in my organization. I will provide ongoing support to my organization, acknowledging that the people I sponsor will have an increased opportunity for success in Shop & Putt when they receive ongoing training and support.

5.   I will make no income claims or representations regarding the Shop & Putt compensation plan, except those in Shop & Putt literature. I acknowledge that a Shop & Putt Consultant’s success depends on many variables, such as amount of time and effort committed to his or her business and his or her organizational ability.

6.   I will not make claims for Shop & Putt products, services or its income opportunity except as published in official Shop & Putt literature. I will remember that even my personal experience of benefits received from Shop & Putt products, services or its income opportunity may be interpreted as Shop & Putt claims if I use those experiences as a sales device.

7.   I will always honor Shop & Putt’s 100 percent satisfaction, money-back guarantee, as published in its official literature and policies, when dealing with my retail customers.

8.   I understand and agree that I am solely responsible for all financial and legal obligations incurred by me in the course of my business as a Consultant of Shop & Putt products and services, including self-employment taxes, income taxes, sales taxes, license fees, etc. I understand that I am an independent contractor for all federal and state tax purposes.

9.   I will compete aggressively but fairly, and I will respect the participants of other network marketing opportunities. I will not solicit from the distributor lists or customer lists of other network marketing companies, nor focus sales or recruiting efforts solely on the customers or distributors of any one other company. I will not use sales materials that are regarded as proprietary by other companies.

Consultant Statement of Terms and Policies

1.   Becoming a Consultant. An applicant becomes a Consultant of Shop & Putt when both of the following requirements are completed:

a.   The applicant purchases a Shop & Putt Birdie Start-Up Kit or an Eagle Starter Kit; and

b.   The applicant’s completed Application with payment of one of the previously mentioned kits has been received and accepted by the Shop & Putt corporate office.

Shop & Putt reserves the right to decline any Consultant Application, including the application of any person who has had a financial interest of any kind in any Shop & Putt Consultant position under a different enroller in the preceding six months.

2.   Legal age. Consultants must be of legal age in the state or province of their residence.

3.   Consultant rights. All Consultants are authorized to sell Shop & Putt products and services, and to participate in the Shop & Putt compensation plan. All Consultants may enroll new Consultants.

4.   Initial purchase. No person is required to purchase any Shop & Putt products or services, except that a new Consultant purchases a Shop & Putt Start-Up Kit. The kit contents provide support to each new Consultant with training tools, sales tools and product and income opportunity brochures.

5.   Married couples. Married couples who both wish to participate must share a single Consultant position. Consultants who marry must maintain separate Consultant status, unless one is the direct sponsor of the other, or they have the same sponsor, in which case their Consultant positions may be consolidated. When a couple sharing a Consultant position divorces or separates, Shop & Putt will continue to pay commissions and bonuses as before the divorce or separation until it receives written notice, signed by both parties or by a court decree specifying how future commissions and bonuses should be paid.

6.   Simultaneous interests. Consultants and their spouses or dependents may not have a financial interest in more than one Consultant position without the written consent of Shop & Putt. For example, neither a shareholder of a corporation that is a Shop & Putt Consultant, nor a partner of a partnership that is an Shop & Putt Consultant may become an Shop & Putt Consultant individually.

7.   Corporate, partnership and trust documents required. Corporations, Partnerships and Trusts may apply to become Consultants of Shop & Putt only when the Consultant Application and Agreement is accompanied by copies of:

a)   Articles of incorporation, partnership agreement or trust documents as filed with the State.

b)   Corporate applicants must disclose a complete list of all directors, officers, and shareholders involved in the corporation. Partnerships must disclose all general and limited partners. Trusts must disclose the trustee and beneficiary.

c)   Proof must be provided of a Federal ID Number and a copy of the Annual Certification from the Secretary of State of the State of Trust, Partnership Registration or Incorporation.

d)   Shareholders, partners, beneficiaries and trustees, directors and officers, as applicable, agree to remain personally liable to Shop & Putt and bound by its rules and regulations.

8.   Fictitious and assumed names prohibited. A person or entity may not apply as a Consultant using a fictitious or assumed name.

9.   Independent Contractor status. All Consultants are independent contractors with Shop & Putt, and not franchisees, joint ventures, partners, employees, or agents of Shop & Putt. Consultants are strictly prohibited from stating or implying, whether orally or in writing that they are franchisees, joint ventures, partners, employees, or agents of Shop & Putt. Consultants may not bind Shop & Putt to any obligation.

10.   Annual renewal. Consultants must renew their Consultant position annually. The annual renewal fee of $49.00 is due on the anniversary of a Consultant’s application to Shop & Putt. Although the responsibility for renewing belongs to each Consultant, Shop & Putt will remind Consultants when their renewal is due. Any Consultant not renewing by the renewal date shall be deemed to have voluntarily terminated their Consultant position, and thereby forfeit all sponsorship rights, position earned, and any future compensation.  Renewal fees are waived for consultants averaging $800 in monthly gross sales over the prior 12-month period.

11.   Indemnity. Consultants agree to indemnify and hold harmless Shop & Putt, its shareholders, employees, agents, and successors in interest from and against any claim, demand, liability, loss, cost, or expense, including, but not limited to, attorney’s fees arising or alleged to arise in connection with the Consultant position, and any matter related to the Consultant’s performance under the Consultant Agreement.

12.   Taxes. Consultants will be treated as independent contractors for all federal or state tax purposes. As independent contractors, Consultants will not be treated as employees, franchisees, joint ventures, partners, employees, or agents with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Act, state unemployment acts, or any other federal, state, or local statue, ordinance, rule, or regulation.

13.   Legal compliance. All Consultants shall comply with all federal and state statutes and regulations and local ordinances and regulations concerning the operation of their businesses. All Consultants are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes. At the end of each calendar year, Shop & Putt will issue an IRS Form 1099-MISC for non-employee compensation for Consultants as required by law.

14.   Consultant identification number. All Consultants will be required to provide a Social Security number or Federal ID number, and Shop & Putt will use this number until such time as a Consultant identification number is assigned and for all government reporting purposes. While respecting the rights of the “un-numbered,” Shop & Putt chooses, as a right of contract, to only enter into agreements with those who are willing to provide a taxpayer identification number. The Consultant identification number must be indicated by the Consultant on all correspondence with Shop & Putt, including paperwork for enrolling, product ordering, etc.

15.   Other products and services. Consultants are not restricted from selling the products and services of other companies. However, promotion of products, services or income opportunities of other direct selling companies, to Shop & Putt customers or Consultants, is strictly prohibited. Any Consultant found in violation of this rule risks suspension or termination of their Consultant position.

16.   No exclusive territories. There are no exclusive territories for marketing or enrolling purposes, nor shall any Consultant imply or state that he or she does have an exclusive territory. There are no geographical limitations (within the U.S. and its possessions) on Consultant enrolling.

17.   Enrolling not compensated. Shop & Putt Consultants may enroll other Consultants into the Shop & Putt program. However, Consultants are compensated only on business volume, and never for enrolling additional participants into the program.

18.   Multiple applications. If one applicant submits multiple Applications, only the first completed form to be received by Shop & Putt will be accepted. Shop & Putt reserves the right to resolve such disputes.

19.   Obligations of Enrollers. Consultants who choose to enroll are required to assure the adequate training of their enrolled Consultants. “Adequate training” includes (but is not limited to) education regarding Shop & Putt rules and regulations, compensation plan, product information, sound business practices, sales strategies, and ethical behavior. An enroller must maintain an ongoing, professional leadership association with Consultants in his/her organization and must fulfill the obligation of performing as a bona fide sales mentor or sales trainer in the sale or delivery of products to the ultimate consumer. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Shop & Putt training, and sharing genealogy information with those enrolled. Consultants should be able to provide evidence to Shop & Putt upon request of ongoing fulfillment of enroller responsibilities.

20.   Transferring sponsorship. A transfer request, without group, will be considered with the notarized signatures of consent from the five immediate uplines. A transfer request, with group, will be considered with the notarized signatures of consent from the five immediate uplines, and the notarized signatures of consent of each downline wishing to be included in the transfer. All transfers of sponsorship require the final approval of Shop & Putt, whose decision will take into account the overall good of the Shop & Putt. An administrative fee may be charged for changing the corporate records.

21.   Voluntary termination. A Consultant may voluntarily terminate his or her Consultant position by failing to renew when applicable or upon written notice to Shop & Putt. Voluntary termination is effective upon receipt of such notice by Shop & Putt at its home office. A Consultant who terminates his or her Consultant position may reapply after waiting six months from termination.

22.   Involuntary termination. A Consultant may be terminated or suspended for violating any of the terms of this Agreement. Shop & Putt may suspend the Consultant position of a violating Consultant upon serving notice of cause, citing evidence of the violation. Should no response be provided by the Consultant within 15 days, termination will become effective upon final decision of Shop & Putt. Notice of the decision will be sent by certified mail to the violating Consultant’s address of record. In instances where applicable state law is inconsistent with the foregoing, such procedure shall be automatically amended for compliance. An involuntarily terminated Consultant may not make application to Shop & Putt for a period of one year following the effective date of termination.

23.   Appeals An involuntarily terminated Consultant may appeal the termination by submitting a letter of appeal, stating the grounds of the appeal. This letter must be sent U. S. Mail or private delivery service RETURN RECEIPT REQUESTED and must be received by Shop & Putt within 15 days of the date of mailing of the Company’s termination notice. If the Company has not received a letter of appeal by that deadline, the involuntary termination shall automatically become final.

If a Consultant files a timely appeal, Shop & Putt will, in its sole discretion, review and reconsider the termination and notify the Consultant of its decision. The decision of the Company shall be final and subject to no further review. If the appeal is denied, the termination shall remain in effect as of the date of the Company’s original termination notice.

24.   Effect of suspension. Should Shop & Putt deem it necessary to suspend a Consultant, such suspension could mean that the Consultant may not have the right to represent themselves as a Consultant of Shop & Putt and that any commissions, royalty overrides, or bonuses due will be held by Shop & Putt pending resolution. At the discretion of the Company, products and services may be purchased by a suspended Consultant at wholesale. However, should termination result, product and services may be purchased only from another Shop & Putt Consultant.

25.   Effect of termination. In the event a Consultant is terminated, effective with such termination the Consultant can no longer sell Shop & Putt products and services, or enroll other Consultants. The Consultant also loses all rights to commissions, bonuses, and all other benefits.

26.   Limits on transferability or sale A Consultant may sell, assign, or transfer his or her Consultant position to a non-Shop & Putt Consultant, but first must grant the immediate sponsor a right of first refusal. No sale, assignment, or transfer of any Consultant position shall be effective without the prior written approval of Shop & Putt whose approval will not be unreasonably withheld. If it is determined in the Company’s sole discretion that the Consultant position was transferred in an effort to circumvent compliance with this Agreement, the transfer shall be declared null and void, and the Consultant entity shall revert back to the transferring Consultant, who shall be treated as if the transfer had never occurred from the reversion day forward. An administrative fee may be charged for changing the corporate records.

27.   Vendor relationships.  No Consultant shall contact, directly or indirectly, or speak to or communicate with any representative of any supplier or manufacturer of Shop & Putt, except as arranged by Shop & Putt. Violation of this rule may result in termination of Consultant benefits and possible claims for damages if the vendor relationship is compromised by the Consultant contact.

28.   Confidentiality Agreement. Information contained in any genealogy or downline report provided to a Consultant by Shop & Putt is proprietary and confidential to Shop & Putt, and is transmitted to the Consultant in strictest confidence. The Consultant agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information to compete with Shop & Putt or for any purpose other than promoting the Shop & Putt income opportunity. The Consultant and Shop & Putt agree that, but for this agreement of confidentiality and non-disclosure, Shop & Putt would not provide the information to the Consultant. Any Consultant who is found to be in violation of this rule risks suspension or termination. Shop & Putt reserves the right to seek damages to the fullest extent of the law.

29.   Succession. Upon the death of a Consultant, the Consultant position shall pass by will or intestate succession, as provided by law. Shop & Putt will require the successor in interest to sign and be bound by the then current Consultant Agreement. The successor shall then be entitled to all the rights and subject to all the obligations, just as any other Shop & Putt Consultant.

30.   Trademarks. The name Shop & Putt and the names of all Shop & Putt products and services are the registered or unregistered trademarks of and owned by Shop & Putt. Only Shop & Putt is authorized to produce and market products and literature under these trademarks. Use of the Shop & Putt name on any item not produced or authorized by Shop & Putt is prohibited.  Additionally, the brand names of third party produced products and services are the registered or unregistered trademarks of their owners, and Shop & Putt has entered into agreements to market such products and services.  Any use of such names, not specifically authorized in writing by Shop & Putt or the trademark owner, is prohibited.

31.   Imprinted checks. Shop & Putt Consultants are not permitted to use the Shop & Putt trade name or any of its trademarks on their business or personal checking accounts. However, Consultants may imprint their Shop & Putt business checks as being a “Independent Consultant of Shop & Putt products.”

32.   Yellow and white page listing. Consultants are not permitted to use the Shop & Putt trade name in advertising their telephone and fax numbers in the white or yellow page sections of the telephone book.

33.   Imprinted business cards or letterheads. Shop & Putt Consultants are not permitted to incorporate into their own business card or letterhead graphics any Shop & Putt trade name or trademarks. Only the approved Shop & Putt graphics version and wording are permitted, and letterhead must be ordered either from Shop & Putt directly or from an Shop & Putt approved source.

34.   Company literature. Only official Shop & Putt literature may be used in presenting Shop & Putt products, services and the Shop & Putt income opportunity. Company literature may not be duplicated or reprinted without prior written permission from Shop & Putt. All promotional material of any nature, including electronic, must be approved in advance and in writing by Shop & Putt.

35.   Media interviews. Consultants are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize Shop & Putt, its products, services or their individual Shop & Putt business except with the express, written approval of Shop & Putt. All media contacts and inquiries must be coordinated through the approval and representation of an Shop & Putt Corporate Representative.

36.   Internet and web site policy.   

a)   No Consultant may independently design a web site that uses the names, logos, or product descriptions of Shop & Putt without written permission from Shop & Putt.

b)   No Consultant may use “blind” ads on the Internet making product or income opportunity representations are or can be associated with Shop & Putt.

c)   No Consultant may under any circumstance use the Internet for the purpose of indiscriminate “bulk” or unsolicited mailing, generally known as “spamming.”

d)   No Consultant may violate any local, state, or federal laws regarding the Internet or any generally accepted ethical codes of Internet conduct.

37.   Independent communications. Consultants, as independent contractors, are encouraged to distribute information and direction to their respective downlines. Shop & Putt encourages the use of newsletters, training workshops, and other organizational programs.  Consultants must identify their personal communications as such, and not give the impression that such communications are the official communications of Shop & Putt.

38.   Consultant training. Consultants are responsible for providing training to the Consultants they enroll. Training assistance is provided in the Shop & Putt Start-Up kit and in additional video and audio materials. Also, each Consultant receives periodic Shop & Putt publications, that includes ongoing training and product and services information. Further, Consultants may attend local and regional training workshop for Consultants, and participate in Shop & Putt-originated national training conference calls.

39.   Endorsements. No endorsements of any kind, including by Shop & Putt officers, may be alleged, except as expressly communicated in Shop & Putt literature or approved in writing.

40.   Copying prohibited. Consultants shall not copy for sale or personal use audio or video taped material detailing the Shop & Putt income opportunity or product or service presentations, events, or speeches, including conference calls without written permission from Shop & Putt. Shop & Putt may seek injunctive relief or damages from the violator for the unauthorized use of Shop & Putt copyrights, trademarks, and materials. Video or audio taping of Shop & Putt meetings and conferences is strictly prohibited. Still photography is allowable at the discretion of the meeting host.

41.   Telephone answering. Consultants may not answer the telephone by saying “Shop & Putt,” or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of Shop & Putt.

42.   Repackaging prohibited. Consultants may not repackage any Shop & Putt products, services or materials in any way.

43.   Consultant Application and Agreement. Commissions and Overrides cannot be paid until a completed Consultant Application and Agreement has been received and accepted by Shop & Putt. Commissions are paid ONLY on the sale of Shop & Putt products and services. No commissions are paid on the purchase of a Consultant Start-Up kit, which is sold at Company cost.

44.   Calendar period. Commissions, overrides, and achievement awards and recognition are calculated on a calendar month basis.

Commission and override payment date. Commissions are paid monthly on or about the 25th for commissions earned during the preceding calendar month.

Minimum amount for payment of Commission and Override checks: $25.00.

Fees will be assessed for hardcopy genealogy printouts.

45.   Commission payments. Consult the compensation plan.

46.   Stockpiling prohibited. The Shop & Putt program depends on, and requires, retail sales to the ultimate consumer; therefore, all forms of stockpiling or product loading are discouraged. Shop & Putt recognizes that Consultants may wish to purchase certain products in reasonable amounts for their own use and for availability to new Consultants as they are enrolled. However, Shop & Putt strictly prohibits the purchase of products in unreasonable amounts solely in an attempt to qualify for advancement in the compensation plan.

47.   Sales volume qualification by order taking. The Company has adopted minimum personal and group business volume requirements. Minimum business volume requirements may also be fulfilled by taking orders from retail customers which will be fulfilled by the Company directly shipping to the retail customer.

48.   Shipping costs. Consultants have the responsibility to indicate (a) method and means of shipping and (b) destination address. The methods available are stated on each order form and the prepaid costs, if selected, can be calculated by the shipping and handling cost information also provided. NOTE: Should the receiving party of any order shipped from Shop & Putt refuse delivery and the shipment be returned to Shop & Putt, the ordering Consultant’s Consultant status will be made “inactive” pending resolution of the delivery refusal. Non-accepted delivery charges will be debited to the Consultant’s account.

49.   Damaged goods. The shipping Company is responsible for any damage that occurs after it takes physical custody of the goods. A Consultant 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.

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.

e)   File a claim with the shipping Company.

50.   Receipts and suggested retail pricing. Shop & Putt will provide all retail purchasers of Shop & Putt products with written receipts. Although Shop & Putt provides a suggested retail price as a guideline, Consultants may sell Shop & Putt products at whatever retail price they choose.

51.   Sales tax. For purchases made from the Company, Shop & Putt collects and remits applicable state tax which may be due on the suggested selling price of those products and/or materials which are subject to tax. The applicable rate of tax due is based on the address to which the product and/or materials is shipped. Consultants who request a tax-exempt purchase for resale from Shop & Putt (not permitted in all states) must provide the Company with a copy of their valid and current resale exemption certificate showing a resale tax number. This number must appear on all orders placed with Shop & Putt. The Consultant must then collect the tax from his/her retail customer and remit it to the proper state and local taxing authority. All Consultants must pay tax to the Company on their personal purchases made for personal use and consumption. As a Consultant you agree to abide by the rules and procedures as set forth in the sales tax collection agreements that the Company may enter into with the various states and local jurisdictions.

52.   Retail outlets. Shop & Putt products may not be sold to or in, or be displayed by any retail outlet, including, but not limited to, flea markets or swap meets, shopping mall booths or restaurants. Shop & Putt products may not be sold in internet-based stores or auction web-sites such as e-Bay.  Exceptions require prior written approval.

53.   Service oriented establishments. It is permissible to take orders for Shop & Putt products and services in businesses such as professional services offices, “by appointment” establishments or similar non-retail establishments.

54.   Price changes. All Shop & Putt product and literature prices are subject to change without notice.

55.   Retail customer returns. Shop & Putt offers a 100 percent unconditional money-back guarantee on products sold to all retail customers. Every Shop & Putt Consultant is to honor this guarantee. If a retail customer is dissatisfied with any Shop & Putt product for any reason, then that retail customer may return that product to the Consultant from whom it was purchased, within 30 days, for either a replacement or a full refund of the purchase price.

Shop & Putt will replace the returned product providing the following steps and conditions are met:

a)   The product is returned to Shop & Putt by the Consultant through whom the purchase was made.

b)   The product must be received by Shop & Putt within ten days of the return date to the Consultant.

c)   The return is accompanied by a completed and signed statement indicating:

1)   A signed statement from the retail customer identifying the reason for the return,

2)   A copy of the original retail sales receipt, and

3)   The unused portion of the product in its original container.

4)   The name, address, and telephone number of the retail customer.

d)   Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the most economical means of shipping is recommended.

e)   Shop & Putt will prepay the cost of shipping the replacement.

Shop & Putt will not refund to any Consultant, the purchase price of any retail customer returns and no replacement of product will be made if the conditions of this Rule are not met.

56.   Quality control. Shop & Putt will replace, within 30 days of purchase, any product found to be defective. However, no product should be returned to Shop & Putt before prior approval is received. Strict compliance with the following is required:

a)   A written replacement request must be submitted, stating the reason for the request and accompanied by proof of payment and a copy of the purchase order form or packing slip.  

b)   Shop & Putt will instruct the Consultant where to ship the product for inventory and verification, and will also provide the appropriate quantity of authorized product return shipping labels. Upon receipt and verification of the product, Shop & Putt will ship replacement product as appropriate.

NOTE: Any return received without prior approval will cause the status of that Consultant to be made “inactive.” Further, there is no assurance that the product will be considered replaceable.

57.   Termination returns. If the Consultant has purchased products for inventory purposes or mandatory sales aides while the Consultant agreement was in effect, all unencumbered products in a resalable condition then in possession of the Consultant, which have been purchased within 12 months of cancellation, may be tendered for repurchase. The repurchase shall be at a price of not less than 90 percent of the original net cost to the participant. In addition, the Company will honor statutory buyback requirements of every jurisdiction. Shop & Putt will also repurchase any sales materials and the Shop & Putt Start-Up kit for a period of one year from the time of purchase providing the materials are current and in resalable condition.

a)   A written return request must be submitted, and accompanied by proof of payment and a copy of the purchase order.

b)   Shop & Putt will instruct the Consultant where to ship the product for inventory and verification, and will also provide the Consultant with the appropriate quantity of authorized product return shipping labels. Upon receipt and inspection of the return, Shop & Putt will process the appropriate refund for payment.

c)   Consultant must pay the cost of return freight.

NOTE: Product or sales materials not in resalable condition will be returned to Consultant at the Consultant’s cost.

58.   Buyer’s right to cancel. Federal law empowers a buyer to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25 or more that occur away from the seller’s main office. The Shop & Putt Sales Order form contains all legally required notices. It must be signed by the buyer and two copies must be given to the buyer on every sale. In addition, the Consultant must orally inform the buyer of the three-day right to cancel at the time the buyer signs the contract of sale or purchases the goods. With regard to products, in all cases where the customer, at his or her sole discretion, deems the Retail Customer Returns policy, stated above, more favorable, that policy shall apply and override this policy. With regard to services, at the end of the three day period as stated herein, all sales of services are final and non-returnable.

59.   Consultant’s responsibility. If a retail customer mails or delivers to a Consultant a valid notice of cancellation prior to midnight on the third business day after ordering or purchasing the program, service, and/or product, it must be honored by the Consultant. If the buyer has taken delivery of any goods, they must be returned with the notice in substantially as good condition as when delivered. With regard to services, the shrink-wrapped materials describing and explaining the services must be returned unopened. Within ten business days after receiving the notice, the Consultant must refund all payments made under the contract of sale.

60.   Liability. To the extent permitted by law, Shop & Putt shall not be liable for and Consultant releases Shop & Putt from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by Consultant as a result of (a) the breach by Consultant of this Agreement, (b) the operation of Consultant’s business, (c) any incorrect or wrong data or information provided by Consultant, or (d) the failure to provide any information or data necessary for Shop & Putt to operate its business, including without limitation, the enrollment and acceptance of Consultant into the income opportunity or the payment of commissions and bonuses.

61.   Record-keeping. Shop & Putt encourages all its Consultants to keep complete and accurate records of all their business dealings. A recommended publication is IRS Publication 911 For Direct Sellers, available from any IRS Office, or the IRS web site.

62.   Income claims. No income claims, income projections nor income representations may be made to prospective Consultants. Obviously, any false, deceptive or misleading claims regarding the opportunity or product/service are prohibited. Consultants occasionally  represent hypothetical income figures based upon the power of network marketing as actual income projections. This is counter-productive, and prohibited, since new Consultants may be quickly disappointed if their results are not as rapid as the hypothetical model.

63.   Governmental endorsement. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Consultants may not represent or imply, directly or indirectly, that the Shop & Putt program has been approved or endorsed by any governmental agency.

64.   Amendments. Shop & Putt reserves the right to amend this Agreement, its prices, product availability, and compensation plan as it deems appropriate. Amendments will be communicated to all Consultants through Shop & Putt publications. Amendments are effective and binding on all Consultants as of the date of issuance.

65.   Non-waiver provision. No failure of Shop & Putt to exercise any power under this Agreement or to insist upon strict compliance by a Consultant with any obligation or provision herein, and no custom or practice of the parties at variance with this Agreement, shall constitute a waiver of the Company’s right to demand exact compliance with this Agreement. Waiver by the Company can only be in writing by an authorized officer of the Company.

The Company’s waiver of any particular default by a Consultant shall not affect or impair the Company’s rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Consultant. Nor shall any delay or omission by the Company to exercise any right arising from default affect or impair the Company’s rights as to that or any subsequent default.

66.   Severability. If, under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these rules and regulations, or any specification, standard or operating procedure which Shop & Putt has prescribed is held to be invalid or unenforceable, Shop & Putt 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. The Consultant shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.

67.   Jurisdiction. All disputes and claims relating to Shop & Putt, this Agreement, the Shop & Putt compensation plan, or its products, the rights and obligations of a Consultant and Shop & Putt, or any other claims or causes of action relating to the performance of either a Consultant or Shop & Putt under the Agreement or the rules and regulations, and/or a Consultant’s purchase of products shall be adjudicated totally and finally in Philadelphia, Pennsylvania, or such other location as Shop & Putt prescribes. Louisiana residents only: In the event of a dispute for jurisdictional purposes, a distributor shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law.

68.   Limitation of damages.  To the extent permitted by law, Shop & Putt and its affiliates, officers, directors, employees, and other representatives shall not be liable for, and the Consultant hereby releases the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to Shop & Putt’s performance, non-performance, act, or omission with respect to the business relationship or other matters between the Consultant and Shop & Putt whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage to the Consultant shall not exceed, and is hereby expressly limited to, the amount of unsold Shop & Putt products and services owned or held by the Consultant and commissions owing.