Multipure Independent Builder
Terms & Conditions
Subject to the terms and conditions set forth herein applicant hereby applies for Builder Business to Multipure International and agrees to read as soon as possible the guidelines and policies set forth in the Builder Handbook and agrees to follow same.
1.The individual named in this agreement (hereinafter called Builder) agrees to use his/her best efforts to promote the sale of Multipure International (herinafter called MPI) products in a manner favorable to Builder and MPI.
2. Builder serves as an independent contractor and as such is responsible for their own business; therefore, Builder will pay all costs of marketing and distributing MPI products and agrees to hold MPI harmless from all costs.
3. Builder's rights and responsibilities will be determined by the Builder Handbook, website and other MPI publications. It is understood and agreed that the Company has the right to alter, modify or change the terms and conditions of this Agreement, including such items as discount level and commission provisions, at any time upon thirty (30) days prior written notice of such changes. Written notice of such alteration, modification or change may be given by the Company to the Independent Builder by regular mail, email, or by posting a notice on the Company's Web site. The Independent Builder is bound by such altered, modified or changed terms and conditions as reflected in the most current Independent Builder Agreement, or as altered, modified or changed, from time to time as permitted herein. No oral modifications, additions, deletions or exceptions to the Independent Builder Agreement are permitted.
4. Builder neither has to make a financial investment nor maintain an inventory. To become a Builder of Multipure International a person must pay the Independent Builder Business Fee and agree to abide by both the Builder Handbook provisions and the provisions of this Agreement. Multipure recommends that each Builder purchase their own drinking water system and consider having some systems on hand for immediate sales.
a. Builder is entitled to a 100% refund of the purchase price of Starter Kit tools and Multipure products within 30 days of enrollment
as a Multipure Independent Builder.
i. Refund will be credited upon the return of the products and sales materials included in the Starter Kit.
ii. Returned products and sales materials must be unopened or unused and currently marketable.
b. Upon request, Multipure will repurchase qualified goods sold to the Builder when they elect to terminate their
Multipure Builder Business.
i. The repurchase period is limited to 12 months from the date of Builder termination.
ii. Qualified goods must be in good condition and currently marketable by Multipure. Damaged or discontinued goods are not
eligible for Multipure repurchase.
iii. Qualified goods will be repurchased at a value equal to 90% of the amount paid by the Builder.
5. All applicants for Builder Businesss must be 18 years of age or older.
6. Multipure® is a trademarked name and may not be used by Independent Builders for any purpose without prior written consent of MPI. All sales aids, brochures, literature, etc. are the property of MPI and cannot be reproduced without prior written consent of MPI. Builders are encouraged to advertise and promote Multipure products and Builder Business opportunities. All proposed promotions or advertisements must include only official Multipure claims, logos, trademarks, etc. as shown in the official MPI literature and sales aids. Builders must submit proposed advertising and promotional materials to the Multipure Marketing Department for prior approval.
7. A Builder may be terminated by MPI immediately if Builder's actions discredit MPI or violate these terms and conditions, or if Builder makes claims contrary to MPI's literature, labels, violates the provisions of the builder handbook, or for other good cause.
8. Builders accepted by MPI agree to comply with all governmental laws and regulations including Federal, State, County, and Municipal codes and regulations.
9. Builders may sell Multipure Drinking Water Systems and sponsor new Builders anywhere within the United States and its territories and Canada. Builders are not limited to or given exclusive territories or markets within the United States and its territories and Canada.
10. Builders may not sell or sponsor in other countries.
11. Builders will represent Multipure products and Builder Opportunity program completely and honestly without exaggeration to all potential customers and new Builders. Builders will not engage in deceptive or unlawful consumer practices nor make fraudulent claims about Multipure International, its products or its programs.
12. Personalized Multipure web pages are available for Builders to use subject to certain terms and conditions. Builders may use Multipure's trade names, trademark, logos, and copyrighted material in connection with Builder's personalized Multipure web page in compliance with all of Multipure's rules. A Builder may have a web site not affiliated with Multipure's corporate site; however, use of the Multipure® name, logo, photos, product codes, etc. requires written approval from Multipure's Marketing Department. Multipure® in any form, with or without a hyphen, may not be used by an Independent Builder as a key word or meta tag in connection with any internet service.
13. It is acknowledged that Builder is not required to install the Multipure Drinking Water Systems they sell. However, should Builder choose to install units, they are solely responsible for their own installations and agree to hold MPI harmless from all costs. The MPI Warranty describes the extent of its liability. MPI shall not incur any obligation or liability for damages, including consequential damages, arising out of or in connection with installations of Multipure Drinking Water Systems by Builder.
14.Personal Activity Requirement (PAR) is a quarterly requirement which enables builders to receive commission and bonuses on their active downline sales and filter replacements when they make a sale/purchase of a drinking water system valuing $165 every four months. You will receive downline commissions and bonuses in the month you qualify plus the next three months.
15.There are three types of builders: 1) An "Active" builder who qualifies for PAR. Commissions and bonuses are paid to the first ten active (PAR-eligible) builders in a network. 2) An "Inactive" builder is not PAR-eligible; however, commissions will be paid on personal sales, including personal replacement filter sales. 3) A "Dormant" builder has not been PAR-eligible for 36 consecutive months and is permanently removed from the builder database; however, you will remain on file as a customer. If you are a "Dormant" builder and would like to become an "Active" Builder, you may: a) Become a brand new builder (Junior Builder) by paying the Builder Fee or b) Reinstate your previous achievement level by paying the Builder Fee and making a sale/purchase of a drinking water system valuing $165 in the same transaction.
16. As a Multipure builder, your contact information may be provided to your upline builders for purposes of supporting your Multipure business. Your contact information will not be given to any other parties for any other uses.
17. (Arbitration) - Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, NV., before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered and governed either by JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures, or by ADR SERVICES pursuant to its Rules of Procedure, NRS 38.206 et.seq., (Nevada Arbitration Law) as existing at the time of signing this Agreement, or as later modified or replaced. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration shall be held before a single arbitrator and shall be binding with no right of appeal, other than as permitted by then existing State Law.
18. I acknowledge I have read and accept the above terms and conditions for becoming a Multipure Independent Builder as indicted with my signature on the front page of this form.
Multipure Advertising Guidelines
Multipure encourages its builders to promote their business. Some builders like to advertise in newspapers, yellow pages, and other media like the internet or cable television. When advertising, builders must follow the guidelines listed below. In addition, all advertising must be pre-approved by our Compliance Department prior to its distribution or posting on the web. Please allow 5-7 business days for approval of advertising. Some examples of advertising include:
- Business cards
- Yellow page ads
- Door hangers
- Web pages/Blogs
- Magazine ads
- Newspaper ads
The Following Terms Would Apply To All Forms Of Advertising:
Builders will represent Multipure products and the Business Opportunity program completely and honestly without exaggeration to all potential customers and new builders. Builders will not engage in deceptive or unlawful consumer practices nor make fraudulent claims about Multipure International (MPI), its products, or its programs.
Multipure® is a registered trademark owned by Multipure Drinking Water Systems and may not be used by Independent Builders for any purpose without prior written consent of MPI. The use of Multipure® in any for by an independent builder on the internet, in print advertising, video presentations, or any other promotional materials is prohibited without the prior written consent of MPI.
Builders may use Multipure's trade names, trademark, logos, and the copyrighted material in their advertisement in compliance with all of Multipure's rules. In addition, they may use the Multipure® name, logo, photos, product codes, etc. with prior written approval from Multipure's Marketing Department. In addition, the Builder must list the words "Independent Builder" along with their ID number with the name Multipure to ensure that the customer is clear that this is a builder advertisement and not Multipure's. This information should be at the top of the advertisement.
The Following Applies To Internet Advertising:
Multipure offers two types of builder webpages that are automatically linked to Multipure's web site, and as customers travel from the builder's official Multipure webpage to our corporate site, the builder's ID# and name will follow them. If the customer decides to place an order, the builder's ID will automatically be associated with that order, giving credit to that builder. In addition, builders may develop their own website, independent of the corporate Multipure website, and with approval may link to our site (please contact our Marketing Department for details). All websites that contain the Multipure name, product, photos, or product codes must be approved by our Compliance Department (firstname.lastname@example.org) and must follow the standard advertising guidelines. Multipure recommends against establishing any portal that links any other website or web page to Multipure's corporate web site because Multipure is not able to identify the originating site or page. Multipure® in any form, may not be used by an independent builder for a domain name/URL or email address.
How To Use The Multipure Builder Logo and Label Correctly:
There are certain rules for the use of the Multipure logo. Each and every time that an independent builder uses the Multipure logo in self-generated advertisements, promotion, or literature, the registered trademark symbol (®) must accompany the logo. Note: The words "Independent Builder" must appear below the logo in order to identify the advertisement, promotion, or literature as being produced by an independent builder (i.e., not produced by Multipure/Multipure Drinking Water Systems). Even if a builder uses language from a Multipure brochure, these guidelines regarding use of the logo must be adhered to.
Performance claims must conform to claims in the most current version of Multipure literature. Claims regarding Multipure Drinking Water Systems must be true and accurate. False, confusing, misleading, or implied claims will not be tolerated. Claims of contaminant reduction must be specific and not generic in nature.
• Claims professing that Multipure "removes" contaminants are not acceptable. The term "removes" implies that the contaminant is 100% removed, when the filter actually reduces the contaminant by 95 - 99.9%. You may use the words reduce, cleans, filters, virtually eliminates, etc.
• Pricing of products and shipping prices must be consistent with the current prices of Multipure.
• Generic and absolute statements about the unit's performance cannot be used. You must be specific in your performance claims. Examples:
No = "Takes all cancer-causing contaminants out of your water"
Yes = "Certified to reduce many cancer causing contaminants that may be found in your water"
Explanation: Multipure is not certified to reduce EVERY contaminant so we can not make the absolute claim. In addition, there is no way for you to be sure what is in your customer's water so you should not imply that their water contains harmful contaminants. The performance of the Multipure Systems has been certified by NSF. This agency does not rate the system as "the best", they simply certify our claims with regards to the product's performance is true. Statements regarding certification should reflect this and not imply otherwise. You may not say, "certified by NSF to be the best." You can say, "Certified by NSF to reduce the widest range of contaminants."
Advertising Discounts Or Other Specials
New Text Advertising Discounts or Other Specials Builders may only advertise to the general public the manufacturer's suggested retail price (MSRP) on any and all forms of advertising or marketing materials, including, but not limited to online advertisements, printed literature, and physical displays. The inclusion of non-sanctioned discounts or promotions, including, but not limited to shipping discounts, sales tax discounts due to Builder Resale Certificates, gift cards, gift certificates, reward points, installation incentives, or rebates are also prohibited.
Discounts for new builders: Builders may advertise the Enrollment Incentive for people who wish to sign up to be Multipure builders. The amount of the Enrollment Incentive may not be listed. The Enrollment Incentive is taken from the selling builder's Builder Incentive commission of the Drinking Water System or Drinking Water System Starter Kit.
Regarding Builder Resale Certificates
Beginning July 16, 2014, Multipure is no longer able to honor Builder Resale Certificates. As such, all sales must include any and all relevant state and local sales taxes in the final price calculation, and Builder Resale Certificates cannot be applied.
Multipure Sponsored Sales Promotions
Builders may advertise via flyers, displays, Internet sites, etc. Multipure sponsored promotions that are available to all builders; advertisement is allowed only during the applicable promotion effective dates. EXAMPLE: Buy a drinking water system between July 1 and September 30, and receive a FREE shower filter. Customers must pay any fees associated with the promotions. The fees cannot be paid by the selling builder.
Enforcement Of Advertising Guidelines
Infractions to these guidelines should be reported in writing (fax, US mail or email) to Multipure's Compliance Department (email@example.com). The builder in question will be contacted via e-mail or telephone and asked to make the necessary changes to bring their advertisement into compliance . If we do not receive a response from the e-mail/telephone call within 10 business days, a letter will be sent via certified mail. Those in violation have 5 business days to comply and make the necessary changes to their advertisement/website. If they have not made the necessary changes by the end of this time period, Multipure will not accept orders from this builder until the violation has been corrected.
This builder, if still not in compliance, will then receive another letter informing them that their orders will not be processed until their advertisement/website has been brought into compliance. They will be given 30 days from the date of this letter to comply with our published advertising guidelines. Failure to meet this deadline will result in the termination of their Multipure Builder Business.
A Builder Business may be terminated by Multipure immediately if a builder's actions discredit Multipure Corporation or if the builder makes claims contrary to Multipure's literature, labels, or for other good cause.
Replacement filters may be sold by builders. Builders are not required to sell replacement filters. We encourage builders to simply provide a link to the Multipure website as a convenience to their customers or they can provide them with our toll-free number. Commissions on replacement filters will be paid to the builder who originally sold the customer their drinking water system. Customers are encouraged to purchase directly from Multipure to ensure that they are purchasing genuine Multipure filters, and that they are maintaining the Lifetime Warranty on their Multipure System.
New Builder Policy Updates
These key policy changes will be in effect as of Monday, July 1, 2013.