Independent Marketing Executive

Application and Agreement

Complete this Agreement to apply to become a Marketing Executive. If you are not a Customer, complete Sections 4a, 4b, and 4c of the
Customer Membership Agreement and attach to this Agreement. (You do not have to be a Customer to become a Marketing Executive.)

Independent Marketing Executive Information

FIRST NAME INITIAL LAST NAME

SPOUSE’S FIRST NAME INITIAL LAST NAME

Multiple applicants must be legally married.

ADDRESS (For mailing of commission and bonus checks and materials)

CITY STATE ZIP

SOCIAL SECURITY NUMBER (Optional)

MOBILE HOME/ALTERNATE
If you are applying as a Corporation
or a Tax Exempt Entity, other forms
SPOUSE’S MOBILE are required.

EMAIL

I authorize Melaleuca to send messages to me via automated text. Consent is not required for purchase of goods or services. I can text STOP to end text messages or HELP for added information.
Message and data rates may apply. Terms of Use and Privacy Policy at Melaleuca.com.

Which Category Best Describes Your Goals as a Melaleuca Marketing Executive?

■ Category 1: I do not plan to refer many Customers or build a business, but I would like to earn commissions if I ever refer a Customer.
■ Category 2: Earn supplemental income.
■ Category 3: Earn significant income.

Personal Production Account (Optional)

To qualify for commissions, you are responsible to produce 29 Product Points each month in your Personal Production Account. If you are a Melaleuca Customer and your household will be purchasing product
for your own consumption, your household’s purchases can count toward the 29 Product Points. Additionally, you can list other households whose purchases will contribute toward the 29 Product Point
requirement. If you are a Member, your household’s purchases will more than satisfy your 29 Product Point requirement. If you are a Customer but not a Member, you should list other households to satisfy this
requirement. You can add or change names at any time.
■ I would like the Product Points from my household’s purchases to count toward my Personal Production Account.
■ I would like to designate other households whose purchases will count toward satisfying the 29 Product Point production requirement.
NAME PHONE NUMBER

By signing this form I apply to become a Melaleuca Marketing Executive. I acknowledge that I have carefully read and agree to all the terms and conditions listed in (1) this Independent
Marketing Executive Application and Agreement, including those listed separately under the heading “Other Terms and Conditions,” (2) the Melaleuca Compensation Plan, and (3) the
Melaleuca Statement of Policies, all of which are incorporated in this Agreement and can be amended from time to time. I understand that Melaleuca does not guarantee the success
of my business or the income, if any, that I might earn. I understand that my success will depend on my own efforts, skills, and productivity. I understand that this document is an
application to become a Melaleuca Marketing Executive and that I am not a Melaleuca Marketing Executive until:
1. Melaleuca has received and accepted this Agreement,
2. I have at least one Personal Enrollee who is an Active Customer, and
3. I receive my first commission payment.

X
Applicant’s Signature Date

X
Spouse’s Signature Date
I may cancel this Agreement for any reason at any time by submitting a written request to Melaleuca bearing the date, my printed name, and my original signature.
Written requests can be mailed to Melaleuca.

Mail or fax white copy to Melaleuca, Inc., 4609 West 65th South, Idaho Falls, ID 83402 © 2020 Melaleuca, Inc. Nº 625 Printed in USA Rev. 10/20 U
Enrollments 1-800-262-0600 • Phone Orders 1-800-282-3000 • Fax 1-888-528-2090
Applicant keeps yellow copy • Enroller keeps pink copy 102400625
 Other Terms and Conditions | Independent Marketing Executive Application and Agreement
Terms used but not defined herein shall have the meanings as described in Melaleuca’s Statement of Policies. (Please read carefully.)
1. I am competent and of legal age to enter into binding contracts in the
state in which I enter this Agreement with Melaleuca, Inc.
2. I understand that as a Marketing Executive, I am an independent con-
tractor and not an agent, employee, legal representative, or partner of
Melaleuca. I further understand and agree that I will not be treated as an
employee for any federal or state law. I 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.
3. I understand that the acceptance of this Agreement by Melaleuca
does not constitute the sale of a franchise or a business opportunity
under state or federal law and that there are no exclusive territories
granted to anyone. I also understand that I am not acquiring any
interest in a security.
4. I understand that my success as a Marketing Executive depends upon
my own efforts, skills, and productivity. I do not anticipate receiving income
as a result of the efforts of any individual or entity other than myself.
5. I understand that 100% of my monthly Marketing Organization Product
Points must be purchased by End Consumers each month. I will not pur-
chase any product or service from Melaleuca solely for the purpose
of qualifying for commissions or bonuses.
6. Melaleuca will not be responsible for the loss of any commissions
and bonuses or other payments because of errors or delays in receiving
agreements, orders, changes, or other necessary information.
7. I have carefully reviewed the Melaleuca Compensation Plan and
Statement of Policies and acknowledge that they are incorporated as part
of this Agreement in their present form and as modified from time to time
by Melaleuca at its sole discretion.
8. Upon 30 days’ notice to Marketing Executives, Melaleuca may, at its
sole discretion, amend the Compensation Plan, Statement of Policies,
and/or this Independent Marketing Executive Application and Agreement
and any other written agreements entered into by and between Melaleuca
and the Marketing Executives (collectively referred to herein as the
“Melaleuca Agreements”). By signing this Agreement, I agree to abide by
any and all such amendments and that my only remedy for not accepting
any such amendments is to immediately terminate this Agreement prior to
the conclusion of the 30-day notification period. The continuation of my
Melaleuca business or my acceptance of commissions and/or bonuses
from Melaleuca after the 30-day notification period constitutes my accep-
tance of any such amendments. The parties agree that no rule of contract
interpretation shall apply to construe any provision of this Agreement
against the drafter.
9. My violation of any of the terms of the Melaleuca Agreements or of
any law in the course of my business activities may result, at Melaleuca’s
discretion, in forfeiture of any future compensation from Melaleuca, can-
cellation of this Agreement, or other corrective action as specified in the
Statement of Policies. If this Agreement is canceled or terminated at any
time for any reason, I understand that I will permanently lose all rights as
a Marketing Executive, and I agree to waive all rights and claims to my
Marketing Organization and to all commissions and bonuses.
10. The Melaleuca Agreements, as amended from time to time by
Melaleuca, constitute the entire agreement between Melaleuca and me
and no other written or verbal promises, representations, guarantees,
or agreements of any kind will be valid unless in writing signed by
Melaleuca’s President or Chief Executive Officer.
11. The provisions of this Agreement shall be deemed severable,
and the invalidity or unenforceability of any one or more of the
provisions hereof shall not affect the validity and enforceability of the
other provisions hereof.
12. The term of this Agreement is one year. This Agreement will auto-
matically renew annually on each anniversary of the date hereof, unless
otherwise canceled. I can cancel this Agreement at any time by sending
a written request to Melaleuca with the date, my printed name, address,
and original signature. This Agreement shall not be deemed accepted by
Melaleuca and no commissions or bonus will be paid until Melaleuca
has received this unaltered signed Agreement, I have at least one
Personal Enrollee who is an Active Customer, and I have received my
first commission payment.
13. Except as outlined in the Statement of Policies with respect to claims
or disputes regarding Policies 12, 20, 21, 31, and 43, to the extent per-
mitted by applicable law, all claims or disputes of any nature between one
or more current or former Marketing Executives and Melaleuca (or its offi-
cers, shareholders, or employees), if not resolved by mutual agreement,
shall be resolved by binding arbitration. The Parties agree that Policy 45
of the Statement of Policies shall apply to arbitration involving the par-
ties. MELALEUCA AND I AGREE THAT EACH PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. MELALEUCA AND I ALSO AGREE THAT,
BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE
RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS SUBJECT TO BINDING
ARBITRATION. All arbitration hearings shall take place in the State of
Idaho. This Agreement shall be governed by the laws of the State of Idaho
and the Federal Arbitration Act (“FAA”). If any conflict exists between
Idaho law and the FAA, the FAA will govern. This arbitration provision, in
whole or in part, shall survive termination, cancellation, or suspension
of this Agreement or any portion of this paragraph or Policy 44 of the
Statement of Policies.
AS TO CLAIMS OR DISPUTES REGARDING POLICIES 12, 20, 21, 31, AND
43 OF THE STATEMENT OF POLICIES, THE PARTIES AGREE THAT ALL
SUCH CLAIMS OR DISPUTES SHALL BE BROUGHT AND MAINTAINED
IN BONNEVILLE COUNTY DISTRICT COURT, IN IDAHO FALLS, IDAHO, OR
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO.
THE PARTIES AGREE TO WAIVE ANY DEFENSE THAT THEY MAY HAVE
BASED ON LACK OF PERSONAL JURISDICTION OR IMPROPER VENUE
AND TO SUBJECT THEMSELVES TO THE JURISDICTION OF ANY SUCH
AFORESAID COURT. THE PARTIES AGREE THAT DAMAGES FOR CLAIMS
OR DISPUTES REGARDING POLICIES 12, 20, 21, 31, AND 43 OF THE
STATEMENT OF POLICIES SHALL INCLUDE, BUT ARE NOT LIMITED TO,
REASONABLE ATTORNEYS’ FEES AND COSTS.
14. If this Agreement is altered by me in any way, it will not be deemed
accepted by Melaleuca except in its original unaltered form, regardless
of passage of time or payment of commissions by Melaleuca. If this
Agreement is altered by me in any way, Melaleuca may, in its sole discre-
tion, deem this agreement to be void ab initio and require that I repay all
commissions and bonuses paid to me.
15. I consent to Melaleuca using and publishing online and in print, audio,
and video my name, photograph, city and state of residence, compensa-
tion paid to me, recognition or awards received by me, and other informa-
tion that Melaleuca customarily publishes about Marketing Executives.
16. I may not assign my rights or delegate my duties under this
Agreement to any person or entity without the express written
consent of Melaleuca.
17. I agree to indemnify, defend, and hold harmless Melaleuca and its
affiliates, shareholders, officers, directors, and employees from and
against any and all claims or liabilities arising from the operation or pro-
motion of my Melaleuca business. MELALEUCA SHALL NOT BE LIABLE
FOR ANY CONSEQUENTIAL, SPECIAL, OR EXEMPLARY
DAMAGES FOR ANY REASON WHATSOEVER.
I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO HAVE THIS
AGREEMENT REVIEWED BY LEGAL COUNSEL OF MY CHOICE. Rev. 10/20 U