Clark Enterprises

Road To Success Kit - $45

Registering as an Independent Distributor entitles you to access your own personal back office (called the Extranet), a self-replicated website and a distributorship for 12 months from your join date. After your application has been processed you will receive a distributor manual, a 25 pack of product literature on each of our products, a 6 pack of “Change Your Life” books, a copy of “The Next Trillion” CD and a copy of “The Four Year Career Plan” CD. Total Value of $80.00.

TERMS AND CONDITIONS OF DISTRIBUTOR APPLICATION/AGREEMENT

1.	The term of this agreement is for one year.  I am of legal age in the state of my residency.  I agree that I am an independent contractor, responsible for determining my own business activities and not an agent, employee or legal representative of Clark Enterprises 2000, Inc. (hereinafter "the Company").  I will not represent in any manner that I am an agent or legal representative of the Company.  I am responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state or regulatory taxing agency.
2.	In presenting the companies products and the Distributor position to prospects, I agree that such presentations shall be strictly according to the general format and that I may be terminated as a Distributor if I fail to do so.   
3.	Registration to activate my distributor account is $45.00, with which I will receive various sales tools (listed on the front side of this application), a distributor manual, access to a self-replicated website and the distributor Extranet for the first 12 months. At the end of the 12 months, a $25.00 renewal fee will incur to renew this agreement.   
4.	I agree that as a Distributor, I shall place primary emphasis upon the sale of products to non-Distributors.  Distributors resident in the States of Maine, North Dakota, Michigan, Indiana, Iowa, and West Virginia are limited to $495.00 in sales aids purchases as a Distributor from the Company during the first six months of Distributor status.  Permissible sales aids Distributor purchases shall be automatically modified to comply with the exemption requirements set forth in any states' laws regulating business opportunities.
5.	In order to maintain a viable Marketing Program and to comply with changes in federal, state or local laws in economic conditions, the Company may provide Policies and Procedures for Distributors from time to time, as well as to modify its Distributor Compensation Program.  Such Policies and Procedures and Compensation Plan modifications, and all changes thereto, shall become a binding part of this Agreement upon publication in the official Clark Enterprises Distributor Newsletter.
6.	I understand that no attorney general or other regulatory authority reviews, endorses or approves any product, compensation program or Company, and I will make no such claims to others.
7.	I understand that my Distributor position can be inherited or bequeathed, but cannot be transferred or assigned during my lifetime without written consent of the Company which consent will not be unreasonably withheld.  
8.	This Agreement shall be deemed in effect upon its receipt and acceptance by Clark Enterprises, at its Home Offices, Salina, Kansas.
9.	I will not promote my Distributor business nor use the Company name, or the trade names, logos, sales materials, trademarks or service marks of Clark Enterprises, except in materials provided by the Company or approved in writing by the Company prior to their use by me.  I understand that unauthorized use or duplication of trademarks or copyrighted materials is a violation of federal law.
10.	I am responsible for supervising and supporting Distributors I sponsor into the program and in my commissionable downline.  I agree to actively promote Clark Enterprises products and actively sponsor new distributors into my downline.
11.	Payment terms on Distributor and customer purchases: check, money order or credit card with order.  No credit purchases or  C.O.D.'s available. Commissions payable to Distributors will be processed monthly and paid within seven (7) days of the following month.   A $6.00 accounting fee is deducted when a Distributor receives a commission in excess of $15.00.  Commissions are not paid on amounts less than $15.00.  Any commissions less than $15.00 will be carried over from month to month until the $15.00 minimum is accumulated.   Commissions will be charged back for any refunds incurred within my downline and/or by my customers.
12.	I will not make false or misleading statements about the Company  products or Distributor position.  Display of commission checks and the making of income claims is prohibited.
13.	Distributors may return literature and sales aids in resalable condition at any time within thirty days of purchase and receive 80% refund.  Shipping costs for returned items shall be borne by Distributor.  Payment will be made within thirty days of actual receipt of returned items.  The Company will honor sales aids refund policies provided by any state or federal law applicable to Distributor (New Mexico - one year; Georgia - no time limitation).
14.	Distributors in the same household or business, who share the same address, shall have the same sponsor.  Distributor stacking is not permitted.  Change of original sponsor is not permitted unless a Distributor resigns his/her current position, in which the Distributor loses his/her current downline and commissions.  When a Distributor resigns there will be a 6 month waiting period and a $45.00 re-activation fee will incur before he/she can participate in the Distributor program.  Distributor and Customer lists and names are owned by Company and may never be used for any commercial purpose without prior written consent of Company.  During the term of this Agreement and for 90 days thereafter, Distributor shall not, directly or indirectly, solicit Distributors of the Company to other network marketing organizations.
15.	This agreement is governed by the laws of Kansas.  The parties agree that any claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association with arbitration to occur at Salina, Kansas.  Louisiana Distributors arbitrate at New Orleans, Louisiana.
16.	Personal monthly retail sales volume of $50.00 is required to receive commissions, on the distributor's organization, for Bronze, Silver, Gold and Platinum Distributors.  Commissions paid to Distributors may vary depending upon his/her rank and monthly maintenance requirements.  
17.	An annual renewal fee of twenty-five dollars ($25.00) is due on or before the application sign date of each year.  I understand that if I fail to pay the $25.00 renewal fee, my distributorship will be terminated, in which, my downline, customers and commissions are lost.  The Company is not obligated to renew this agreement.  The renewal fee is non-refundable.  If a Distributor chooses not to renew, their distributorship will be terminated, in which, the Distributors downline, customers, and commissions are lost.  A written request is required 30 days prior to the renewal date if I chose not to renew my Distributorship.  Any distributor who has resigned or been terminated because he/she did not renew their Distributor Agreement will incur a $45.00 re-activation fee.