Terms and Conditions

A. As an independent consultant, I understand and agree:

1. I will promote and sell Company products to customers regularly. I will not sell Company products on unauthorized websites on the Internet or in any public, retail or service establishments. I will not sell Company products for resale. I will present Company products in a truthful, sincere and honest manner, and I will conduct myself in a manner that reflects the highest standards of integrity and responsibility in keeping with the reputation of the Company.

2. I will protect the Company’s trade name and trademarks used by the Company. I will not reproduce the Company’s name and/or such trademarks or copy any of the Company’s materials for use in any advertising without the prior written approval of the Company.

3. I am an independent contractor. I am not an employee, agent, partner or franchisee of, or joint venture with the Company. I cannot act on behalf of, represent or conclude any contracts on behalf of the Company. I do not have any authority to incur any debt, obligation or liability on behalf of the Company.

4. As an independent contractor, I am responsible for all selfemployment taxes, income taxes and other filings required by law, and I am not covered by any State Unemployment or Workers’ Compensation Act. I will not be treated as an employee with respect to this Agreement for federal, state or local tax law purposes, or otherwise. I agree to abide by all federal, state and local laws relating to my Rivas Meals business.

5. I will present the Company’s business opportunity in a truthful manner. I will accept recruiting responsibilities by ensuring that any prospective recruit is the age of 18 years or older.

6. I will submit product orders to the Company accompanied by full payment by order payment account, my personal check, money order, or other payment method deemed acceptable by the Company. I understand that all orders are subject to acceptance by the Company.

7. I understand that information and materials provided to me contain confidential and proprietary information of the Company. I will not use, disclose or reproduce these materials for other than my Rivas Meals business without the express written consent of the Company.

8. Upon the Company’s acceptance of this Agreement, I authorize the Company to automatically deduct the appropriate amount if I charged it to my account on credit and the monthly demonstrator liability insurance and support charge from my commissions.

9. I authorize the Company to deduct from commissions, overrides or other amounts due me, amounts owed by me to the Company which are due at the time of the deduction, including commissions earned on product returned by customers.

10. I will demonstrate or sell only Company products. I will not demonstrate or sell any other services and/or products, including any products made personally by me, as part of my Rivas Meals business, at any Cooking Show or at a Company sponsored event or meeting.

11. I will permit the Company to release my name and telephone number in response to a customer request for a Consultant in my area unless I notify the Company that I do not want such information released. I also agree that the Company reserves the right to assure continued service to customers upon termination of my Consultant Agreement.

12. I agree that the Company has the right to audit my sales, including my sales records, to confirm eligibility for awards and commissions, make adjustments when necessary and to otherwise enforce the terms of this Agreement, and I will comply fully with Company’s audit requests.

13 I authorize the Company to use my name, likeness, image, photograph, and video, postings on social media and/or personal story in any advertising or promotional materials and waive all claims for remuneration for such use.

B. The Pampered Chef, Ltd. (“Company”) understands and agrees:

1. Company will pay consultant commissions based on sales of Company products submitted by consultant.

2. In addition to commissions, Company will provide additional awards and privileges to “active” consultants. A consultant is “active” in the month in which consultant submits $700 or more in personal commissionable sales.

3. Company will pay an active consultant with any direct or indirect recruits overrides based on sales of commissionable Company products to customers submitted by such recruits.

4. Company will calculate and pay commissions and overrides in accordance with the then-current Company-published commission and override schedules. Company may change commissions, overrides, incentive program rules and active sales requirements at any time with thirty (30) days’ prior written notice to consultant.

5. Company will not impose on consultant any geographical territories or limits relating to sales and recruiting of consultant in the United States, Puerto Rico and other territories of the United States.

6. Upon termination of this Agreement, Company will refund to consultant 90 percent of consultant’s purchase price on any unused and resalable product samples or inventory purchased within 12 months of the date of termination should consultant return such products.

C. General

1. This Agreement is subject to acceptance by Rivas Meals Home Office in Upland, California.

2. This Agreement is effective for 6 months from the date of acceptance. It is automatically renewed for additional terms of 6 months. The Agreement automatically terminates after consultant is “inactive” for 6 consecutive months.

3. Either party may terminate this Agreement immediately for cause, or without any reason upon 30 days’ written notice to the other.

4. This Agreement cannot be altered, modified or changed through any suggestions, advice, guides or sales aids provided by the Company. It can only be altered, modified or changed in writing issued by an authorized Company representative.

5. This Agreement shall be governed by the laws of the State of Illinois as to all matters.

6. The independent consultant will not be treated as an employee for federal or state tax purposes.

7. Except as provided below, you and the Company agree that binding arbitration in accordance with the Federal Arbitration Act and/or the Commercial Arbitration Rules of the American Arbitration Association is the sole means to resolve any and all disputes, claims or causes of action relating to or arising from this Agreement or your service and/ or performance as an independent consultant under this Agreement. DuPage and/or Cook County Illinois will be the exclusive venue for arbitration. Enforcement of any arbitrator’s judgment or award will be exclusively brought in the courts of DuPage and/or Cook county Illinois. Nothing herein shall prevent the Company from applying for and obtaining, from any court having jurisdiction, a writ of attachment, temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Company interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award.

8. EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE ALL RIGHTS TO JURY OR COURT TRIALS TO RESOLVE A DISPUTE. I acknowledge I have read and agree to these Terms and Conditions.