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Distributors Agreement

Below is the distributors agreement which has to be acknowledged prior to purchase via email. An email to us stating " I have read the distributors agreement and agree with all terms and conditions" will suffice. If you are seeking exclusive rights to distribute in a geographical location or a specific website, contact us for further information.

Distributors Agreement:

Distributorship Agreement

By and Between:

Distributor:

Company: Sunshine Smiles Marketing, Inc.

(Marketing company for Sunshine Health Products, Inc.)

Distributor agrees to have a link on All internet advertising for “Interested in becoming a distributor” which distributor turns over leads to Company. Retail distributors will turn over any interested parties to the company. In both cases, the company will credit the distributor the current referral fee for procuring a new distributor.

Distributor agrees to:

All certifications and misc. charges are your responsibility. This is a sale of bulk product for delivery only from the USA. Sold in USA conforming to USA guidelines by a USA Corporation. All other country regulations, guidelines, etc. is the total responsibility of the distributor. We warrant the product only in the USA.

Distributor is of legal age in the jurisdiction in which they reside, to enter into this Agreement. This Agreement becomes effective on the date accepted by the Company.

PRICE: The price at which products are sold may be increased at any time after thirty (30) days prior written notice (email and facsimile ia an accepted mode of delivery).

PRODUCT ROTATION: It is essential that proper shelf rotation is practiced to maintain freshness and customer satisfaction. Product rotation should be performed no less than on a monthly basis.

LAWS – As a wholly Independent Contractor, the Distributor shall:

I understand that as a Distributor I am an independent contractor; not an agent, employee or franchise of the Company. I further understand and agree that I will not be treated as an employee with respect to such services, for federal and state tax purposes, nor will I be treated as an employee for purposes of any Federal Unemployment Tax Act, any Federal Insurance Contributions Act, any Social Security Act and State Unemployment Act or State Employment Security Act. I understand and agree to pay all applicable federal and state income taxes, self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement. In addition, I hereby warrant to the Company that I am in compliance with all applicable rules, regulations, ordinances, and laws of my home municipality, county, state, and country in connection with my activities as a distributor.

I understand that as a Distributor, I am not guaranteed any income, nor am I assured any profit or success. I will be free to set my own hours and determine my own location and methods of selling, within the guidelines and requirements of this Agreement.

The Company may terminate this Agreement if I engage in or am found to have engaged in conduct that could damage or discredit the Company or its products-this includes spamming. I understand the Company is a family oriented business that expects its Distributors to conduct themselves with the highest ethics and integrity. I agree to do so and represent that I have never been convicted of a felony involving fraud or dishonesty.

I understand and agree that the Company, in order to maintain viable marketing may make modifications in the Policies and Procedures, and/or Company websites, Company literature and product prices. I further agree to be bound by such changes upon publication in any official Company website or Company publication or electronic media.

I have read and understand and have the ability to copy all documents via the internet referred to herein and agree to abide by and be bound by the terms contained therein. I declare under penalty of perjury that the foregoing is true and correct.

If any provision of this agreement is found void or unenforceable, it will not affect the validity of the balance of this agreement.

ADVERTISING – Literature
a. The Distributor is solely responsible for any advertising, sales promotion or other operating costs incurred by Distributor on behalf of Distributor’s accounts or marketing effort.
b. All forms of advertising and printed material using company trademarks, logos or ANY printed copy (including original) must be submitted to the Company in writing and be approved by the Company in writing PRIOR to use.

CERTAIN PRACTICES

Distributor acknowledges that certain laws of the United States applicable to the Manufacturer, but which may not be applicable to Distributor, impose fines or penalties on Manufacturer in the event Manufacturer makes payments to foreign government officials for the purpose of influencing those officials in making a business decision favorable to Manufacturer. In addition, Manufacturer and Distributor may be subject to similar laws or requirements of the country of destination of the Products.

Distributor agrees upon reasonable request by Manufacturer to give Manufacturer reasonable written assurance that the Distributor has done nothing to cause liability to Manufacturer under the above-mentioned laws.

TERM – This agreement shall remain in force and effect until terminated for any of the following reasons:
a. Distributor may terminate this Agreement at any time upon 30 day written notice to the Company. Company may terminate this Agreement at any time upon 30 day written notice to the Distributor.
b. If Distributor represents the Company or its products, or operates Distributor’s business in any manner which might adversely affect the public image of the Company, its products or trademarks.
c. For any misrepresentation, failure to comply with the conditions of this Agreement or the Company’s Policies and Procedures, fraudulent act or other unethical practice by the Distributor, as may be determined by the Company.

COMPANY RESPONSIBILITIES – In consideration of the Distributor’s agreement to abide by all rules and regulations established by the Company as set forth above, all amendments made necessary to protect the mutual interests of the Company and Distributors, existing or future and all written rules and procedures contained in other Company publications, i.e. bulletins, policies, and procedures, and sales manuals, the Company agrees:
a. To supply Company products to the Distributor.
b. To allow the Distributor to use the official Company emblem and Company supplied ad copy.
c. To use diligence in supplying the highest quality products available to the Company for distribution to Distributor.

d. Any existing or new distributors will be notified and enforced not to sell on eBay USA, Australia and UK.

INSURANCE: As consideration for the company’s supplying product to the distributor, the distributor shall maintain commercial, general and automobile liability insurance.

Evidence of such coverage shall be provided using a Certificate of Insurance with twenty (20) days advance written notice of any cancellation or reduction of coverage and shall include the Company as an additional insured.

INDEMNIFICATION AND HOLD HARMLESS: Distributor shall defend, indemnify, and hold harmless the company from all liability, claims, damages, losses, and expenses, whether direct, indirect or consequential (including but not limited to attorneys’ and consultants fees and other expense of litigation or arbitration) brought by any employee of Distributor and shall not be limited in any way by any limitation on the amount or type of damages or compensation benefits payable by or for Distributor under applicable worker’s or workmen’s compensation, benefit, or disability laws. Distributor expressly waives any immunity Distributor might have under any and all related laws and, by agreeing to enter into the Agreement, acknowledges that the parties have mutually negotiated the foregoing waiver.

NONWAIVER: The failure by the Company at any one or more times to insist upon strict performance by the Distributor of the condition and/or terms of this Agreement shall not be construed as a waiver of the Company’s right to demand strict compliance with and performance under all conditions and/or terms hereunder. Notice of said demand for strict compliance is hereby waived.

PAYMENT TERMS: All payments are paid prior to shipment. Payment is by credit card at companies website or check/ money order mailed to company. Distributor agrees that all sales are final and waives rights of reversing charges (charge backs) with the distributors credit card company if paid by credit card. Any checks conveyed for payment returned insufficient funds will be charged a minimum of $50.00 USD. Checks received with insufficient funds will be reported to distributors local authorities within 10 days of insufficient notice to Company. All personal guarantors will be liable for all costs associated with collecting the account, including reasonable attorneys’ fees, regardless of whether litigation or arbitration is commenced.

ATTORNEYS’ FEES AND COSTS: In the event it is necessary to employ an attorney for events or claims arising out of or related to this Agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs, which costs include consultant and/or experts fees, incurred irrespective of whether litigation is commenced and through appeal if litigation or appeal is commenced.

GOVERNING LAW: the laws of the State of Florida, USA, shall govern This Agreement. Venue for any action between the Company and the Distributor arising out of or in connection with this Agreement shall be in Broward County, Florida, USA. This Agreement shall be interpreted and enforced in accordance with the laws of the United States of America and the official language of this Agreement for all purposes shall be English.

ASSIGNABILITY: Distributor shall not assign or transfer any interest in this agreement without the prior written consent of the Company.

ENTIRE AGREEMENT: The terms and conditions set forth on the face of this document plus those contained above represent the full and complete agreement of the parties. Any modification thereto must be in writing and signed by both parties. This Agreement supersedes all previous discussion or agreements.

________________________ _________________________________ ____________________

DISTRIBUTOR NAME SIGNED / DISTRIBUTOR DATE SIGNED

Sunshine Smiles Marketing, Inc. ________________________ _________________________________

COMPANY SIGNED / COMPANY DATE SIGNED

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