BY-LAWS
1. I understand that I am NOT allowed to sell cigarettes. All cigarettes purchased by me or by the members referred by me will be for personal use only. I also understand that I am purchasing the cigarettes directly from a member of the Omaha Indian Nation.
2. As a Buyers Club Member, I will be able to participate in Stone Tobacco Consumer Direct Marketing activities and I will be compensated according to a 3 by 9 Reparation Plan as long as I am active and I am not in violation of the Stone Tobacco By-laws or any other Federal and State laws governing my activities.
3. I have read and understand the Member Compensation Plan. I agree to the terms and conditions of this plan. I acknowledge that any violation of the terms and conditions or the policies of Stone Tobacco Buyers Club may result in the termination of my membership.
4. I understand that there is a one-time $9.95 processing fee. If my Membership application is not accepted this fee will be fully refunded.
5. If I wish to terminate this agreement, I will deliver to Stone Tobacco a written notarized statement of my intent. My voluntary termination will be effective as of the date such notice is received by Stone Tobacco.
6. Even though I am not obligated to do so, this membership allows me to refer other members in the United States or in other countries. I agree that it is solely my responsibility to comply with all the laws and regulations related to my business in any jurisdiction exercising authority over me, including but not limited to license fees, or taxes.
7. I agree to indemnify New Marketing Concepts (NMC) and Stone Tobacco and any of its affiliated organizations and hold them harmless for any claim, action, or liability arising out of my actions, omissions, or representations in conducting my activities.
8. I understand that members in good standing, as determined by NMC and Stone Tobacco, may participate in the program. Stone Tobacco in its sole discretion may reject my application without disclosing any reason. If this agreement is not accepted or approved, I release NMC and Stone Tobacco and its officers, directors, agents, advisors, and employees from all liability incurred by me or any other person referred by me. I waive any associated claim(s) that might be asserted in my interest.
9. I understand that I am responsible for supporting and educating any members that I personally refer in matters of policies, procedures and By-laws.
10. I understand that any compensation paid to me by Stone Tobacco or its representatives is based solely on the principles of Consumer Direct Marketing in accordance with a 3 by 9 Reparation Plan on the sales made by Stone Tobacco.
11. I certify the accuracy of all information provided by me in this membership agreement and agree that providing false or misleading information authorizes NMC and Stone Tobacco, at its discretion, to declare this agreement void from its inception.
12. All transactions for a given month will be closed out at midnight last day of that month. All checks will be printed on or before the 15th day of the following month and mailed on or before the 16th (excluding Sundays and Holidays) to qualifying members.
13. I also understand that if any of my checks are returned there will be a $35.00 returned check fee and that I may be disqualified from receiving any compensation for the month in which it occurs and that if the funds for the check and the fee are not remitted to the company in a timely manner, I would be restricted to money order or credit card payments only. I understand that if this occurs a second time I may be placed on this restriction permanently.
14. Buyers Club Members are NOT allowed to use the names of the company (New Marketing Concepts, or Stone Tobacco) in advertisements without prior written authorization from NMC.
15. NMC has a policy of complete Honesty and Integrity, which applies to Buyers Club Members also. I understand that my word and my credibility are extremely important and required.
16. I may not at any time order more than 20 cartons in a 30-day period without a written statement as to their intended use.
17. In order to maintain a viable marketing strategy, Stone Tobacco specifically reserves the right to
make any amendments or adjustments it deems necessary with respect to policies, procedures,
By-laws, member compensation plan and pricing.
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Signature
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MEMBER ID
