Becoming A Distributor: You must first complete a Distributor Application and be at least eighteen (18) years of age, and have legal capacity. MetaboGold International reserves the right to reject any application, with valid cause.
Status of Distributors as Independent Contractors: Distributors are not employees, agents, or representatives of MetaboGold International, nor may they hold themselves out as such in any verbal or written representation. Distributor's success rate depends entirely on his/her own efforts, and MetaboGold International provides no guarantees of Distributor profitability. Distributors set their own working hours, and determine their own method of sale, as long as it does not conflict with MetaboGold International's Policies and Procedures. Distributors may not enter into any binding contracts or commitments on behalf of MetaboGold International. Distributors are entirely responsible for their own debts, liabilities, and expenses of doing business, and for complying with all local, state and federal laws.
Sales Taxes, Income Taxes, Self-Employment Taxes: MetaboGold International is located in a State (Maryland) which does not charge sales tax on dietary products. Therefore, we do not charge sales tax on any orders placed by Distributors. Distributors are entirely responsible for collecting and submitting sales tax as a result of third-party sales within the State(s) in which they operate. Distributors are responsible for reporting earnings and paying all income and self-employment taxes to all applicable taxing authorities. If you have any questions about taxes please seek the advice of a licensed tax professional or attorney.
Business Entity Disclosure: Upon MetaboGold International's request, Distributors must furnish information about the form of entity under which it is conducting business. If acting as sole proprietor Distributor must furnish his or her social security number upon request. If organized as a partnership, corporation, limited liability company, or any other entity, Distributor must provide copies of organizational documents, plus federal taxpayer identification number, and social security numbers of all owners, shareholders, managers, partners, or other interested parties upon request.
Restrictions on Claims by Distributors: Distributors may not make any claims about the health benefits of any of our products other than what is stated on the product labels, corporate website, and brochures. This includes any claims about its nutritional, dietary, therapeutic or curative properties. In addition, Distributors may not state that any regulatory authority has approved or endorsed our products, including the U.S. Food and Drug Administration, the Better Business Bureau, or the Attorney General's Office.
Ethics: All Distributors will promote the good name, image and reputation of MetaboGold International and our products. Distributors shall cooperate with each other and with MetaboGold International conducting themselves using the highest ethical standards. Distributors shall not misappropriate any confidential or proprietary information, or any trade secrets which may come into their possession, either intentionally, or unintentionally. Distributors may not disseminate any distributor lists for profit or otherwise. Distributors will not engage in any unfair or deceptive business practices. Distributors will comply with all federal, state, and local laws, including truth in advertising laws, business opportunity statutes, and other rules and regulations as set forth by the U.S. Food and Drug Administration, U.S. Federal Trade Commission, and the U.S. Patent & Trademark office.
Annual Renewal Fees:THERE ARE NONE!
Distributor Support from the Company: Distributors will be put on a "Distributor Locator List" (DLL) that can be accessed by calling our toll-free number or by visiting our website. A Distributor must remain "Active" by purchasing a minimum of 1 case of product every 6 months to remain listed on the DLL.
Suspension / Termination: MetaboGold International reserves the right to suspend or terminate a Distributorship at any time if it is believed that a Distributor has violated any part of this Distributor Agreement/Policies & Procedures. A Distributor will be terminated immediately if the Distributor misrepresents the company, makes false medical claims, does not honor our return policy, submits fraudulent claims, or has been found to be selling our products to anyone under the age of 18.
Voluntary Termination: No refunds are given for unsold product if a Distributor chooses to terminate the distributorship.
Terms and Conditions of Sales
Age Restrictions: Distributors may not sell product to any customer who is not at least eighteen (18) years of age, or who does not appear to be legally competent.
Damaged Goods and or Shipping Discrepancies: In the event a Distributor receives a damaged package, either refuse delivery in which case it will be sent back to us and we will send you a new shipment, or just send back the bottles that are damaged, and we will replace the damaged bottles. NEVER sell a bottle of product if the safety seal is missing or appears to have been tampered with. Notify MetaboGold International immediately.
Label Restrictions: Distributors may not sell product for any use other than for which it is intended, or for any use that is known to be contrary to the label directions. This is not to say that Distributors are liable for how customers use the product, but only that they are responsible for reporting any known misuse. Inform all customers to read the caution statements on the bottle prior to taking. Inform all customers to get advice from their medical professional if there are any concerns. DO NOT assume the responsibility of giving any medical advice to the consumer.
Scope of Sales: MetaboGold® products are exclusive and may only be sold by "Independent Distributors". Our products may be sold at trade shows, flea markets, swapmeets, fairs, or out of the Distributor's home, office, or business, including the internet. Our products may also be sold at retail "service" establishments such as beauty, nail, and tanning salons, fitness centers, consignment shops, etc.. It is permissible to sell our products at Mall Kiosks, however, MetaboGold International will not subsidize any expense related to the rent of Mall Kiosks.
Suggested Retail Price: The suggested retail prices (SRP) and low-limits are as follows:
MetaboGold 2000®: SRP $29.95, Low Limit $24.95
MetaboGold Advanced®: SRP $29.95, Low Limit $24.95
Carbohydrate Blocker: SRP $15.95, Low Limit $ 9.95
Any Distributor advertising below the imposed low limits will be in violation of this agreement and will be terminated. This does not violate anti-trust price-fixing laws since competing companies are not involved.
Product Returns: Upon request from the customer, all Distributors shall provide a copy of the MetaboGold International product return policy. The policy is as follows:
“If you are not completely satisfied with our products, return the unused portion and original dated receipt to the Independent Distributor you purchased it from for a full refund. If purchased directly from MetaboGold International send the unused portion of the product (at least 50% of original contents) and original dated receipt directly back to us. Empty bottles cannot be accepted for refund. Limit 1 refund per household and 1 open bottle per order.”
This Money-Back Guarantee is in place of all other warranties, expressed or implied. For this reason, it is important that Distributors provide dated receipts and strictly adhere to the 30 day return policy. MetaboGold International assumes all of the financial risk from returns as long as the Distributor provides a copy of the dated receipt, returns the bottle, and provides the name, address, and telephone number of the customer returning the product. If these requirements are met, MetaboGold International will provide a replacement bottle for the distributor to sell, after the customer has been called, confirms their return, and answers some marketing questions about the product. If any Distributor is found to be making fraudulent claims, their Distributorship will be terminated immediately!
Product Liability: MetaboGold International carries basic liability insurance on its product with customary exclusions in coverage. If Distributors require or desire additional coverage, he or she is responsible for obtaining and paying for such additional coverage. MetaboGold International's sole liability for any defective product shall be to only replace the defective product.
Product Feedback: Distributors shall contact MetaboGold International within 24 hours regarding any adverse reports from customers claimed to be a result of using MetaboGold products, or if you are contacted by any other company or regulatory agency regarding our products. Distributors are also highly encouraged to submit to us any positive feedback or testimonials you receive from your customers.
Advertising: A Distributor may use our trademark and logo on any advertising material such as flyers, brochures, signs, newspaper ads, magazine ads, telephone directory, internet, etc., as long as the same lettering style and colors (if any) are used. NOTE: The trademark symbol (®) must always be placed after the names MetaboGold® and MetaboGold 2000®, in all of your advertising and promotional material. You may also advertise your selling price. The words, "Independent Distributor" should always be placed in your ads. All advertising should be in good taste, and should make the same representations as printed on the label and product brochures. Contacting the advertising department of MetaboGold International if there are any questions or concerns.
Websites: MetaboGold International must view and approve all websites PRIOR to posting. It is permissible to extract information directly from our corporate site for the construction of individual sites. The content must be technically correct and presented in a way that the Distributor’s site cannot be interpreted as the corporate site. The statement “MetaboGold International” can only be used if you are stating who the product is manufactured by. The statement “MetaboGold Independent Distributor” must always be used in all printed and website material. Contact MetaboGold International corporate headquarters if you have any questions regarding your website, and when it is ready for review PRIOR to posting.
