Terms and Conditions

Social Security or Federal Tax ID Number.  In order to complete the enrollment process, you will need to complete and submit an IRS Form W-9 to AAESD.  You may download a Form W-9 from the IRS website at http://www.irs.gov/pub/irs-pdf/fw9.pdf?portlet=3.  If a valid W-9 is not received by the Company within 60 days from the date of your enrollment, the enrollment process will not be finalized and the you shall not be permitted to become a Consultant, sell the Company’s products, or participate in the AAESD Compensation Plan.

Assumed Names, Corporations, Limited Liability Companies, Partnerships, or Trusts -- If your business will be owned by a corporation, LLC, partnership or trust, or will be operated under an assumed name (e.g., XYZ Enterprises or John Doe and Associates), you must complete a Business Entity Registration Form and mail it to AAESD within 30 days of the date of this Application and Agreement.  Click here to print the Business Entity Registration Form.

Agreement
The following America Approved Energy Service Direct, LLC (“AAESD”) Independent Consultant Application and Agreement is a legal agreement between you and AAESD.  AAESD IS WILLING TO EXTEND TO YOU THE RIGHTS AND BENEFITS OUTLINED IN THE AGREEMENT ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT, INCLUDING THE MARKETING AND COMPENSATION PLAN, THE CONSULTANT AGREEMENT TERMS AND CONDITIONS, AND THE POLICIES AND PROCEDURES.  IN ORDER TO COMPLETE THE APPLICATION PROCESS, YOU MUST INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ABIDE BY THESE DOCUMENTS.  Click on the above links to read and print those documents.

The AAESD Policies and Procedures and the AAESD Marketing and Compensation Plan are incorporated into and made a part of the Terms and Conditions of the Consultant Agreement. To become a AAESD Consultant, you must acknowledge that you have read, understand, and agree to adhere to the terms of those documents.  If you have not already done so, click on the above or below links to read and print the Policies and Procedures and the Marketing and Compensation Plan.

Starter Kit.  $29.95 Shipping & Handling included and your applicable state and local sales taxes.

All applicants must purchase a Starter Kit.  (The purchase of the Starter Kit is optional for residents of North Dakota.)  The Kit, sold to Consultants at the Company’s cost, contains a variety of product samples, brochures and other business building tools essential to getting your AAESD business going. 
AAESD Terms and Conditions 07-01-2010

  1. I understand that as a America Approved Energy Service Direct, LLC (“AAESD”) independent contractor:
  2. I have the right to offer for sale AAESD products and services in accordance with these Terms and Conditions.
  3. I have the right to enroll persons in AAESD.
  4. If qualified, I have the right to earn commissions pursuant to the AAESD Compensation Plan.
  5. I agree to present the AAESD Marketing and Compensation Plan and AAESD products and services as set forth in official AAESD literature.
  6. I agree that as a AAESD Consultant I am an independent contractor, and not an employee, partner, legal representative, or franchisee of AAESD.  I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses.  I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF AAESD FOR FEDERAL OR STATE TAX PURPOSES.  AAESD is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind. 
  7. I have carefully read and agree to comply with the AAESD Policies and Procedures and the AAESD Marketing and Compensation Plan, both of which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the “Agreement”). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from AAESD.  I understand that the AAESD Policies and Procedures and/or the AAESD Marketing and Compensation Plan may be amended at the sole discretion of AAESD, and I agree to abide by all such amendments.  Notification of amendments shall be posted on AAESD’s website and shall become effective 30 days after publication.  The continuation of my AAESD business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
  8. The term of this agreement is one year (subject to prior cancellation pursuant to the Policies and Procedures).  This agreement shall be automatically renewed at no cost on the anniversary date hereof.  If this agreement is canceled by You or You are terminated for a violation of any part of this agreement or for violation of the policies and procedures, You understand and acknowledge that You will permanently lose all rights as a Consultant.  You shall not be eligible to sell AAESD products and services nor shall You be eligible to receive commissions, bonuses, or other income resulting from the activities of Your former downline sales organization.  In the event of cancellation or termination, You waive all rights You have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization.   Consultant may cancel this Agreement at any time, and for any reason, upon written notice to AAESD at its principal business address.
  9. I may not assign any rights under the Agreement without the prior written consent of AAESD.  Any attempt to transfer or assign the Agreement without the express written consent of AAESD renders the Agreement voidable at the option of AAESD and may result in termination of my business.
  10. I understand that if I fail to comply with the terms of the Agreement, AAESD may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and 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.
  11. AAESD, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release AAESD and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement.  I further agree to release AAESD and its affiliates from all liability arising from or relating to the promotion or operation of my AAESD business and any activities related to it (e.g., the presentation of AAESD products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify AAESD for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
  12. The Agreement, in its current form and as amended by AAESD at its discretion, constitutes the entire contract between AAESD and myself.  Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.   
  13. Any waiver by AAESD of any breach of the Agreement must be in writing and signed by an authorized officer of AAESD.  Waiver by AAESD of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
  14. You agree that you shall not, either during the term of this Agreement or for a period of two (2) years following the termination or expiration of this Agreement for whatever reason, directly or indirectly solicit, divert, or take away any then current customers of AAESD that were obtained by You under this Agreement or otherwise.
  15. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable.  The balance of the Agreement shall remain in full force and effect.
  16. This Agreement will be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws.  In the event of a dispute between a Consultant and AAESD arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures.  AAESD shall not be obligated to engage in mediation as a prerequisite to disciplinary action against a Consultant.  If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures. Notwithstanding the foregoing, AAESD shall be entitled to bring an action before the State or Federal Courts in Lee County, Florida, seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or Consultant lists as well as other trade secrets, trademarks, trade names, patents, and copyrights.
  17. The parties consent to jurisdiction and venue before any federal or state court in Lee County, State of Florida, for purposes of enforcing an award by an arbitrator, an action by AAESD for equitable relief, or any other matter not subject to arbitration.
  18. Louisiana Residents:  Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
  19. Montana Residents: A Montana resident may cancel his or her Consultant Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period.
  20. If a Consultant wishes to bring an action against AAESD for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law.  Failure to bring such action within such time shall bar all claims against AAESD for such act or omission.  Consultant waives all claims that any other statute of limitations applies.
  21. I authorize AAESD to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
  22. A faxed copy of the Agreement shall be treated as an original in all respects.
  23. I hereby expressly grant to AAESD the right to use photographs and video of me taken at company sponsored events to promote the AAESD opportunity.
 

NOTICE OF RIGHT TO CANCEL

You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation.  If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to AAESD, 9405 Cypress Lake Drive, Suite B Ft. Myers, Florida 33919 NOT LATER THAN MIDNIGHT of the third business day following the date set forth above.

I HEREBY CANCEL THIS TRANSACTION.
(Only Sign Here If You Want To Cancel)

Buyer’s Signature ________________________    Date________
Control #: LF070110

 

 

AMA Nation In Person Marketing Requirements, 
Business Etiquette and Sales Standards

As a business owner you must follow the laws applicable in the industry and states where we offer service. The retail energy market in New York contains important laws and regulations that you must follow. While this is a New York law, we require that all AMA Nation consultants follow these requirements regardless of the state in which you operate.

  1. New York Uniform Business Practices Act (NYUBPA):    You must read and follow Section 10, Marketing Standards of the NYUBPA when marketing to customers.  You can find the full text of the Act at http://www.dps.state.ny.us/ubp_manual_9-2009.pdf. You must also have knowledge of the Home Energy Fair Practices Act (HEFPA) as it pertains to residential customers. You will find the full text of the Act at http://www.dps.state.ny.us/hefpa.htm.  Highlights of these two requirements include, but are not limited to, the following: 
 

    1. Door-to-door marketing is NOT permitted.
    2. During the sales presentation, the Energy Consultant must also state that if the customer purchases supply from our energy provider, the customer's utility will continue to deliver their energy and will respond to any service issues, outages or emergencies. This requirement may be fulfilled by either (a) an oral statement by the Energy Consultant, or (b) written material left by the Energy Consultant.
    1. Identification Badge Requirements: Many energy-deregulated states now require independent energy consultants to wear proper identification when contacting prospective customers in person to sell or market energy products. The badge, found in your consultant sales kit, was designed to meet the identification guidelines established by the states. These guidelines are:
      1. The badge must prominently display the full name of the Energy Consultant in a reasonably sized typeface.
      2. It must display a photograph of the Energy Consultant and depict the legitimate trade name and logo of the supplier they are representing.
      3. It must provide the supplier's telephone number for inquires, verification and complaints.
      4. It must Identify the supplier which they represent as an independent energy marketer, and shall identify him or herself as a representative of that specific supplier.
 

    1. Request to Leave the Premises: A Energy Consultant shall leave the premises of a customer when requested to do so by the customer, or the owner or occupant of the premises. Always be courteous and respectful.
    1. Customer Education: A Energy Consultant shall provide the customer with written information immediately upon request setting forth the name and telephone number for inquiries, verification and complaints.  It is your responsibility to ensure the prospective customer is fully informed and how they may contact America Approved.
 

    1. Language Barriers: Where it is apparent that the customer's English language skills are insufficient to allow the customer to understand and respond to the information conveyed by the representative, or where the customer (or another third party) informs the Energy Consultant of this circumstance, the Energy Consultant shall either find a representative in the area who is fluent in the customer's language to continue the marketing activity, or terminate the in-person contact with the customer. The use of translation services and language identification cards is permitted.
    1. Terms of Supply: It is your responsibility to ensure that your customers are fully informed of the terms of their supply agreement and that they receive a copy of the Terms of Service prior to enrollment.
 

    1. Company Approved Materials: You must only use company-approved marketing materials when soliciting customers. Approved marketing materials must display the company approval code.
    1. Misleading Representations: You are strictly prohibited from using the Utility logo or implying that the Public Power or America Approved service is endorsed by the local utility.  You must also never represent yourself as an employee or representative of the Utility or imply that you are acting on behalf of the utility. You shall not engage in misleading or deceptive conduct or statements including misrepresenting rates or savings.
 

    1. Introducing Yourself: When introducing yourself to a prospect you must state your name and advise them that you are an Independent Consultant for America Approved, which is a representative of Public Power, LLC.
    1. Misleading Statements on Savings: You must not quote savings as a percent of the customers’ total bill or as a monthly or yearly savings amount. Any savings that the customer receives will be on the generation portion of their bill. Also remember that rates can change. This is the case with both the utility’s rates and our rates.
 

    1. Most Current Information: You must provide the most current information, including Terms of Service, marketing materials, and other information to the customer.  This information can be found in your AMA Nation back office.
    1. No Solicitation Notice:  Please respect customers that have posted a no solicitation notice on their door.
 

    1. Must Leave a Copy: When the customer elects to enroll by completing a paper enrollment form you must leave a copy of the signed agreement with the customer. MUST provide to America Approved Energy Services Direct a copy of all “written” customer enrollment forms with customer signature within 48 hours of the enrollment otherwise the enrollment will be deemed invalid and will not be processed.  Advise the customer that for their protection, they may be contacted by the companies Third Party Verification Service.
Fax to:  888-678-9850
E-mail to: contracts@amanation.com

 

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