Terms & Conditions
- The VICTORY NUTRITION Policies and Procedures, and the VICTORY NUTRITION Compensation Plan are incorporated by reference into the terms and conditions of this agreement in their current form and as amended by VICTORY NUTRITION at its sole discretion. As used throughout this document, the term 'Agreement' refers to this Representative Application and Agreement, the Policies and Procedures, and the Compensation Plan.
- I understand and agree that the Company may make modifications to the Agreement at its sole discretion and that all such changes shall be binding upon me. All changes to the Agreement shall become effective upon publication in official Company literature. The continuation of my business or my acceptance of bonuses or commissions shall constitute my acceptance of all amendments.
- I have read this Agreement, and acknowledge receiving and reading all documents, incorporated by reference, and agree to abide by (and be bound by) the terms contained therein.
- I shall be subject to disciplinary sanctions as specified in the Policies and Procedures at the Company's discretion for the violation or breach of any term or provision of the Agreement. Upon the voluntary or involuntary cancellation of this Agreement, I shall lose, and expressly waive, any and all rights, including property rights, to my previous downline organization and to any bonus, commission, or other compensation arising from the sales generated by my prior downline organization or myself.
- I agree to indemnify and hold The Company harmless from any and all claims, damages, and expenses, including attorney's fees, arising out of my actions or conduct, and that of my employees and agents in violation of this Agreement.
- As a VICTORY NUTRITION Representative, I acknowledge that l am an independent contractor and not an agent or employee of VICTORY NUTRITION. I understand that I will not be treated as an employee for federal or state tax purposes.
- As a Representative, I will not make exaggerated statements, disclosures, claims or representations to sell VICTORY NUTRITION products or services, or in recruiting other prospective Representatives, other than those contained in approved VICTORY NUTRITION literature.
- I understand that no purchase is necessary to become a Representative. I understand that I may terminate my Representative position at anytime. I further understand that l am under no obligation to make any financial investment to become a Representative. I also understand that any successful retail business will incur business expenses beyond the purchase of product.
- As a VICTORY NUTRITION Representative, I must generate a minimum monthly personal sales volume of 130 PV. If I fail to do so, I will not be eligible for that month for any bonuses, rewards or commissions.
- If I am at the Representative Level or above and I do not have personal sales volume (PV) for six consecutive months, I will then become a Customer. My Representative position will be canceled and my downline will roll up to the next qualified upline Representative. I understand that I may re-enroll after 3 months if I:
- Submit a new Independent Representative Agreement Form, (with the sponsor of my choice), no sooner than 3 months (90 days) after my resignation or termination date from Victory Nutrition.
- Begin at entry level building a new downline organization.
- Was terminated due to non-renewal of my Independent Representative position and I wish to reapply to become an Independent Representative under the same sponsor, I can reapply no sooner than 3 months (90 days) after your termination from the Company but I will no longer have my downline. If I wish to reapply under a new sponsor of my choice, the 3-month waiting period, after termination, applies (my personal group will roll up to the next upline qualified Representative).
- I understand that in order to maintain a viable marketing system and to comply with changes in applicable laws, VICTORY NUTRITION reserves the right to change prices, company policies, company literature and/or the compensation plan without prior notice.
- I understand that, should I wish to terminate my Representative position, any salable (unopened) product may be returned to VICTORY NUTRITION for a refund equal to 100% of the original purchase price, less any commissions or bonuses paid. Product must be returned within 60 days of termination. In any state in which a specific buyback requirement has been enacted which may vary from the foregoing, VICTORY NUTRITION shall repurchase products in accordance with the applicable statute.
- Reports referring to large earnings of successful VICTORY NUTRITION Representatives are neither necessarily typical nor representative of what individual VICTORY NUTRITION Representatives may earn. No one can be guaranteed success as a VICTORY NUTRITION Representative, and not all Representatives earn derivative income. Furthermore, it is not recommended by VICTORY NUTRITION that any prospective Representative leave current employment or make any substantial product purchase until such time as their independent Representative business, from the sale of Victory Nutrition products, generates steady and significant income. Individual earnings are strictly dependent upon individual time, effort and enterprise.
- VICTORY NUTRITION will automatically draw funds from your Visa, MasterCard or Discover Card in the amount you have authorized. See below for AutoShip details.
- I may cancel the optional AutoShip program at any time after the first month by notifying the company via email. Cancellations must be received at least two business days prior to the appropriate draft dates.
- VICTORY NUTRITION cannot obtain funds from your account (on a monthly basis) other than those you have pre-authorized.
- If your credit card does not clear on the day withdrawals are made, you will not receive AutoShip products. It is then up to you to place an order by the end of the month to receive order credit to qualify for any bonuses or commissions; VICTORY NUTRITION is not responsible for notification.
- Draft date for the AutoShip is any business day of the month you choose (prior to and including the 25th of the month). Declined credit cards will be re-attempted twice.
- AutoShip orders will be processed on any business day of the month that is chosen by the Representative up to and including the 25th of the month. (Autoship orders scheduled to ship on a weekend will be shipped the next business day)
- I can change or cancel my monthly AutoShip order anytime two days prior to the processing day
- I automatically achieve my predetermined monthly Personal Sales Volume (PV) (orders must be a minimum 130 PV (or more) by using AutoShip.
- Choosing an AutoShip package is easy: Fill out the Auto Ship order form, choose from pre-selected packages or customize your AutoShip. Return the order form with your application.