E.P.I.C. Representative Agreement
- General Acknowledgment. I understand and acknowledge that as an independent Representative of E.P.I.C. Assets LLC (“E.P.I.C.” or the “Company”): (a) I have the opportunity to purchase products and services from E.P.I.C. or its partners; (b) I have the right to offer for sale E.P.I.C. products and services, without the individual approval of each sale by E.P.I.C., but in accordance with this Acknowledgment, the E.P.I.C. Policies & Procedures and all appendices thereto, including without limitation, the E.P.I.C. Marketing and Compensation Plan (all of which are collectively referred to herein as the “Agreement”); (c) I have the opportunity to enroll persons as Representatives of E.P.I.C.; (d) I will assist, train, and motivate the Representatives in my downline marketing organization; (e) I will comply with all federal, state, county, and municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any federal, state, county, or municipal law, ordinance, rule or regulation; (f) I will perform my obligations as a Representative with honesty and integrity; (g) I will only use the sales contracts and order forms which are provided by E.P.I.C. for the sales of its products and services; and (h) I will procure leads for both customers and other Representatives on my own without the assistance of the Company and I understand that the Company does not provide leads to me.
- Compliance with E.P.I.C. Materials. I agree to accurately present: (a) the E.P.I.C. Marketing and Compensation Plan to current and prospective Representatives in my downline organization; and (b) E.P.I.C. products and services to current and prospective customers in a manner consistent with, and in accordance with, the Agreement and any terms of sale provided by E.P.I.C.. As part of the foregoing, I will make no claims regarding potential income, earnings, health benefits, or the features of products or services beyond what is stated in official E.P.I.C. literature. Except as allowed in the E.P.I.C. Policies & Procedures, unless I have received express written permission from E.P.I.C., I will not: (a) use, produce, create, publish, distribute, or obtain from any source other than E.P.I.C., any literature, recordings (audio, video, or otherwise), sales or enrollment aids relating to E.P.I.C. products, services, or the E.P.I.C. Marketing and Compensation Plan; (b) use or display any E.P.I.C. or E.P.I.C. partner trademarks, trade names, service marks, logos, designs or symbols; or (c) advertise E.P.I.C. products, services, or the opportunity to become a E.P.I.C. Representative.
- Independent Contractor Relationship. I agree that as a E.P.I.C. Representative I am an independent contractor (direct seller) and not an employee, agent, partner, legal representative, or franchisee of E.P.I.C.. As a result, I understand and agree that: (a) I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of E.P.I.C.; (b) I control the manner and means by which I conduct sales as an independent E.P.I.C. Representative, subject to my obligations to comply with the Agreement; (c) I will not be compensated based on hours worked, but on a commission basis for products and services sold as set forth in the E.P.I.C. Marketing and Compensation Plan; (d) I will be solely responsible for paying all expenses I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses; (e) I shall not be treated as an employee of E.P.I.C. for federal or state tax purposes; (f) E.P.I.C. is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, FUTA, or taxes of any kind, unless such withholding becomes legally required; (g) I shall be bound by all sales tax collection agreements between E.P.I.C. and all appropriate taxing jurisdictions, and all related rules and procedures; and (h) I am not eligible for unemployment compensation, medical benefits, sick pay, vacation pay nor any type of pension plan.
- Representative Has Read and Understands the Agreement. I have carefully read and agree to comply with the Agreement, including without limitation, the E.P.I.C. Policies & Procedures and the E.P.I.C. Marketing and Compensation Plan. I understand that I must be in good standing, and not in violation of any of the terms of any of the Agreement in order to be eligible to receive any bonuses or commissions from E.P.I.C.. I understand that the Agreement may be amended from time to time by E.P.I.C., and I agree that any such amendments will apply to me as set forth in the E.P.I.C. Policies & Procedures.
- Terms of Relationship. The initial term of E.P.I.C.’s appointment of me to act as an independent E.P.I.C. Representative shall commence on the date that this Acknowledgment as signed by me is accepted by E.P.I.C. to the same date of the following year. Thereafter, the term shall be governed by the provisions of the E.P.I.C. Policies & Procedures.
- No Assignment Permitted. Except as provided in the E.P.I.C. Policies & Procedures, I understand and agree that I may not assign any rights or delegate my duties under this Acknowledgment nor under the Agreement without the prior written consent of E.P.I.C.
- Failure to Comply with Agreement, Cancellation, Termination, Non-Renewal. I understand that if I fail to comply with the terms of any of the Agreement, E.P.I.C. may, at its discretion, terminate my right to continue as a E.P.I.C. independent Representative or impose upon me other disciplinary action, as provided in the E.P.I.C. Policies & Procedures. If I am in breach, default, or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. If my rights as a E.P.I.C. independent Representative are cancelled, terminated, or not renewed for any reason, I will forever lose my rights as an E.P.I.C. independent Representative, including, without limitation, all rights to my downline marketing organization, and all rights to compensation pursuant to the E.P.I.C. Marketing and Compensation Plan. If I fail to pay for products and services when payment is due, I authorize E.P.I.C. to withhold the appropriate amounts from my bonus or commission checks, to charge my credit cards, or debit my checking accounts, if any, which I have authorized E.P.I.C. to charge.
- Waiver of Liability. To the maximum extent permitted by law, E.P.I.C., its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release E.P.I.C. and its affiliates from, and waive all claims for any loss of profits, indirect, direct, special, or consequential damages or any other loss incurred or suffered by me as a result of any of the following: (a) my breach or failure to comply with any portion of the Agreement; (b) any promotion, operation, or other actions by me that violate any of the terms the Agreement; (c) any incorrect or wrong data or information provided by me; and (d) my failure to provide any information or data necessary for E.P.I.C. to operate its business, including without limitation, my enrollment and acceptance into the Marketing and Compensation Plan or the payment of bonuses or commissions. I agree that the entire liability of E.P.I.C. and its affiliates for any claim whatsoever related to my relationship with E.P.I.C., including but not limited to, any cause of action sounding in contract, tort, or equity shall not exceed, and shall be limited to, the sale price of the products and services I have purchased from E.P.I.C. under the Agreement within the past twelve (12) month period.
- Indemnification. I agree to indemnify, hold harmless, and for any third party claims, defend at my expense, E.P.I.C. and its affiliates against any and all claims, losses, demands, liabilities, judgments, attorney’s fees and all other expenses arising or alleged to arise in connection with my activities as a E.P.I.C. independent Representative or any breach or failure by me to comply with any portion of the Agreement.
- Entire Agreement. This Acknowledgment, along with all of the portions of the Agreement, constitutes the entire contract between E.P.I.C. and me. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
- Conflicts. To the extent of any conflict or inconsistency between this Acknowledgment and the E.P.I.C. Policies & Procedures and the appendices thereto, the terms of the E.P.I.C. Policies & Procedures and the appendices thereto shall in all instances supersede and prevail.
- No Waivers. Any waiver by E.P.I.C. of any breach or failure by me must be in writing and signed by an authorized officer of E.P.I.C. Any written waiver by E.P.I.C. of any breach or failure by me shall not operate or be construed as a waiver of any subsequent breach or failure.
- Enforceability. In the event that any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the Agreement will remain in full force and effect.
- Governing Law; Venue, and Arbitration. This Acknowledgment will be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws and principles. As set forth in Sections 13.3 and 13.4 of the E.P.I.C. Policies & Procedures, certain disputes between me and E.P.I.C. will be governed by arbitration and all disputes will be heard in arbitration or in court in Monroe County, New York. I agree I have reviewed Sections 13.3 and 13.4 of the E.P.I.C. Policies & Procedures and will comply with its requirements.
- Waiver of Class Actions. If an independent Representative files a claim or counterclaim against any E.P.I.C. entity, an independent Representative shall do so only on an individual basis and not with any other representative
or as part of a class action.
- Consent to Use of Personal Information. I consent to E.P.I.C.’s collection and use of my personal information in connection with E.P.I.C.’s business operations. My personal information may be used by E.P.I.C. to consider and approve or reject my application. If approved, E.P.I.C. may use my personal information for the processing of orders submitted by me, including payments due to me. My personal information may also be used to conduct analysis and review to assist E.P.I.C. in assessing and revising its product and service offerings as well as its methods of distribution. I acknowledge that my personal information will be shared with E.P.I.C. affiliates some of which are located in jurisdictions other than the United States and, as a result, my personal information may become subject to the laws of those jurisdictions.
- Consent to Receipt of Email Communications. I specifically consent to the receipt of email and other forms of electronic communications from E.P.I.C., and agree to execute and deliver to E.P.I.C., upon request, any further waivers, agreements, consents, and acknowledgements as may be required or requested by E.P.I.C. You may opt out in your virtual office.
- Consent to Receipt of SMS Text Communications. By providing your wireless telephone number to E.P.I.C. you are expressly consenting and authorizing E.P.I.C. to deliver or cause to be delivered to you advertising or telemarketing text messages, SMS messages, and other similar electronic messages using an automatic telephone dialing system or an artificial or prerecorded voice to the mobile number provided in this agreement or in any other subsequent communications with E.P.I.C. or its representatives. You are not required to consent and authorize E.P.I.C. (whether directly or indirectly) to provide you with these electronic telemarking messages as a condition of purchasing any property, goods, or services. Based upon current business practices, it is anticipated that you will receive approximately 15 text messages from E.P.I.C. per month about promotions, products, events and the latest news. Message and data rates may apply. You can opt out of these messages at any time by replying to one of the messages received with the response STOP.
- Agreement to Refrain from Discrimination. I agree that I shall not engage in any discriminatory practices, including sexual harassment and harassment based upon race, sex, national origin, religion, disability, age or any other protected characteristic. I understand that harassment of employees, representatives, customers, including harassment because of race, color, religion, creed, national origin, ancestry, citizenship, age, sex, pregnancy, marital status, disability, sexual orientation, military or veteran status or any other status protected under applicable federal, state or local laws, is unacceptable and will not be tolerated. In keeping with this commitment, I will not tolerate, and understand that E.P.I.C. will not tolerate, the harassment of representatives by anyone, including any representative, employee, vendor, client, contractor, or customer.
- Confidentiality Obligations. I understand and agree that the E.P.I.C. Policies & Procedures obligate me to keep all confidential information of the Company in the strictest of confidence and I agree to comply with
|Representative Level||Number of Representatives at this level in 2015||% of Representatives at this level||2015 Annual Income High||2015 Annual Income Low||2015 Average Annual Income|
|Non Leadership Position||5756||37.63%||3,709.29||15.00||433.00|
|Senior Vice President||105||0.69%||223,048.00||47.00||26,216.80|
|Bronze Senior VP||27||0.18%||122,719.00||14,449.00||50,311.40|
|Silver Senior VP||17||0.11%||235,661.00||26,281.60||56,605.30|
|Gold Senior VP||18||0.12%||190,767.00||49,768.10||84,249.90|
|Platinum Senior VP||20||0.13%||318,866.00||1,523.00||140,204.00|
|DPSVP or Diamond||10||0.07%||722,461.00||113,040.00||396,015.00|
In 2015, there were 15,296 representatives with earnings paid in the United States. Representatives were classified to each title cohort based on the position held most days in 2015. These values do not represent any earnings before or after 2015. These values do not include trip incentives, car lease programs or any other non cash payments.
These values do not include expenses incurred by representatives in the operations of their E.P.I.C. business. The earnings above are not necessarily representative of the income an individual can or will earn through participation in E.P.I.C. and through the E.P.I.C. Compensation Plan. The values shown represent earnings paid in 2015 and should not be regarded as a guarantee or forecast of earnings. Individual efforts will determine individual earnings.