General Acknowledgment of WOW Terms & Conditons
- General Acknowledgment. I understand and acknowledge that as an independent Consultant of Window of Wealth, (“Window of Wealth” or the “Company”): (a) I have the opportunity to purchase products and services from Window of Wealth or its partners; (b) I have the right to offer for sale Window of Wealth products and services, without the individual approval of each sale by Window of Wealth, but in accordance with this Acknowledgment, the Window of Wealth Policies & Procedures and all appendices thereto, including without limitation, the Window of Wealth Marketing and Compensation Plan (all of which are collectively referred to herein as the “Agreement”); (c) I have the opportunity to enroll persons as Consultants of Window of Wealth; (d) I will assist, train, and motivate the Consultants 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 Consultant with honesty and integrity; (g) I will only use the sales contracts and order forms which are provided by Window of Wealth for the sales of its products and services; and (h) I will procure leads for both customers and other Consultants on my own without the assistance of the Company and I understand that the Company does not provide leads to me.
- Compliance with Window of Wealth Materials. I agree to accurately present: (a) the Window of Wealth Marketing and Compensation Plan to current and prospective Consultants in my downline organization; and (b) Window of Wealth 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 Window of Wealth. 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 Window of Wealth literature. Except as allowed in the Window of Wealth Policies & Procedures, unless I have received express written permission from Window of Wealth, I will not: (a) use, produce, create, publish, distribute, or obtain from any source other than Window of Wealth, any literature, recordings (audio, video, or otherwise), sales or enrollment aids relating to Window of Wealth products, services, or the Window of Wealth Marketing and Compensation Plan; (b) use or display any Window of Wealth or Window of Wealth partner trademarks, trade names, service marks, logos, designs or symbols; or (c) advertise Window of Wealth products, services, or the opportunity to become a Window of Wealth Consultant.
- Independent Contractor Relationship. I agree that as a Window of Wealth Consultant I am an independent contractor (direct seller) and not an employee, agent, partner, legal Consultant, or franchisee of Window of Wealth. 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 Window of Wealth; (b) I control the manner and means by which I conduct sales as an independent Window of Wealth Consultant, 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 Window of Wealth 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 Window of Wealth for federal or state tax purposes; (f) Window of Wealth 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 Window of Wealth 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.
- Consultant Has Read and Understands the Agreement. I have carefully read and agree to comply with the Agreement, including without limitation, the Window of Wealth Policies & Procedures and the Window of Wealth 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 Window of Wealth. I understand that the Agreement may be amended from time to time by Window of Wealth, and I agree that any such amendments will apply to me as set forth in the Window of Wealth Policies & Procedures.
- Terms of Relationship. The initial term of Window of Wealth’s appointment of me to act as an independent Window of Wealth Consultant shall commence on the date that this Acknowledgment as signed by me is accepted by Window of Wealth to the same date of the following year. Thereafter, the term shall be governed by the provisions of the Window of Wealth Policies & Procedures.
- No Assignment Permitted. Except as provided in the Window of Wealth 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 Window of Wealth.
- 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, Window of Wealth may, at its discretion, terminate my right to continue as a Window of Wealth independent Consultant or impose upon me other disciplinary action, as provided in the Window of Wealth 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 Window of Wealth independent Consultant are cancelled, terminated, or not renewed for any reason, I will forever lose my rights as a Window of Wealth independent Consultant, including, without limitation, all rights to my downline marketing organization, and all rights to compensation pursuant to the Window of Wealth Marketing and Compensation Plan. If I fail to pay for products and services when payment is due, I authorize Window of Wealth 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 Window of Wealth to charge.
- Waiver of Liability. To the maximum extent permitted by law, Window of Wealth, its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred as “affiliates”), shall not be liable for, and I release Window of Wealth 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 Window of Wealth 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 Window of Wealth and its affiliates for any claim whatsoever related to my relationship with Window of Wealth, 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 Window of Wealth 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, Window of Wealth, 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 Window of Wealth independent Consultant 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 Window of Wealth 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 Window of Wealth Policies & Procedures and the appendices thereto, the terms of the Window of Wealth Policies & Procedures and the appendices thereto shall in all instances supersede and prevail.
- No Waivers. Any waiver by Window of Wealth of any breach or failure by me must be in writing and signed by an authorized officer of Window of Wealth. Any written waiver by Window of Wealth 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 principles. As set forth in Sections 13.3 and 13.4 of the Window of Wealth Policies & Procedures, certain disputes between me and Window of Wealth will be governed by arbitration and all disputes will be heard in arbitration or in court in Prince George’s County, New York. I agree I have reviewed Sections 13.3 and 13.4 of the Window of Wealth Policies & Procedures and will comply with its requirements.
- Waiver of Class Actions. If an independent Consultant files a claim or counterclaim against any Window of Wealth entity, an independent Consultant shall do so only on an individual basis and not with any other Consultant or as part of a class action.
- onsent to Use of Personal Information. I consent to Window of Wealth’s collection and use of my personal information in connection with Window of Wealth’s business operations. My personal information may be used by Window of Wealth to consider and approve or reject my application. If approved, Window of Wealth 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 Window of Wealth 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 Window of Wealth 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 Window of Wealth, and agree to execute and deliver to Window of Wealth, upon request, any further waivers, agreements, consents, and acknowledgments as may be required or requested by Window of Wealth from time to time to ensure or confirm compliance with the Canadian Fighting Internet and Wireless Spam Act and other similar laws. You may opt out in your virtual office.
- Consent to Receipt of SMS Text Communications. By providing your wireless telephone number to Window of Wealth you are expressly consenting and authorizing Window of Wealth 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 Window of Wealth or its Consultants. You are not required to consent and authorize Window of Wealth (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 Window of Wealth 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, consultants, 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 Window of Wealth will not tolerate, the harassment of consultants by anyone, including any consultant, employee, vendor, client, contractor, or customer.
- Confidentiality Obligations. I understand and agree that the Window of Wealth Policies & Procedures obligate me to keep all confidential information of the Company in the strictest of confidence and I agree to comply with
- Executive/ Customer Classification. Once a WOW Independent Executive’s personal customer point volume is below 25 customer points for a period greater than 90 days they can be reclassified as a customer.
To cancel your Cherish Wellness subscription, you must email Window of Wealth at [email protected] at least 10 days prior to your next Subscription shipment date.
Once an order has been cancelled, it cannot be reactivated. A new order can be placed online but is subject to the promotions and rules in place at that time.
Gift Card Policy
Gift cards offering a specific dollar or percentage off amount have no cash value and expire 12 months after issue date.
Returns and Refund Policy
If you are not fully satisfied with your purchase, you may request a full refund for the purchase price within 15 days of receipt of shipment.
Products must be returned to receive a full refund. Returns can be initiated by emailing the Cherish Wellness Customer Care team at [email protected].
Product(s) must be returned to Cherish Wellness at the address below. Returned product must be unused, unopened and in resalable condition. Refunds will be issued, minus shipping and handling, once product has been received by Cherish Wellness and has cleared the inspection process. Eligible refunds will be made to the billing method used for the order and will be authorized within 7-14 business days of receipt of the returned product by Cherish Wellness.
Procedures for Return
In order for a product return to be processed efficiently, we request that you:
- Initiate return for refund by contacting by emailing [email protected].
- Provide your original order number and reason for return.
- On the outside of the return shipment box, clearly print the original order number in indelible ink. Packages without visible order numbers may be subjected to rejection by Cherish Wellness.
- You are responsible for pre-paying all shipping costs related to the returned items to be sent. Cherish Wellness does not accept collect packages.
- You are encouraged to add a pre-paid tracking or delivery confirmation service to all return packages. If returned product is not received by Cherish Wellness, it is your responsibility trace the shipment.
Please mail your return package to the address provided below:
16701 Melford Blvd., Suite 400, Bowie, MD,
20715, United States of America
Incorrect or Damaged Product Policy
If the product you have received is incorrect or damaged, you must notify Cherish Wellness within 72 hours of receiving the shipment. We also require a picture of the incorrect or damaged order. Once received and confirmed by Cherish Wellness, your replacement items will be sent within 15 days. You will not be required to return the damaged or incorrect order.
To initiate the exchange, contact Cherish Wellness by calling (301) 683-8030.
SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS
The Cherish Wellness Subscription Program (the “Program”) is an optional program under which a customer places a continuing product order to be charged against his/her Credit Card. By agreeing to these terms, customer desiring to participate in the Program agrees to the following terms and conditions:
I understand and agree that the products selected on this Program agreement will be charged to my Credit Card and sent to me at the address provided each month as I have indicated. I understand that my Credit Card will be charged 4 days prior to my next Subscription date. I understand that I may cancel my Subscription at any time without incurring any penalties or fees. Any cancellation or changes I wish to make to my Subscription order must be made by calling Cherish Wellness at (301) 683-8030 or emailing [email protected] and must be received by Cherish Wellness at least 10 days prior to my next Subscription shipment date in order to be processed in time to stop or change my next Subscription order. By clicking the I agree button, I am acknowledging the terms explained in this Program agreement and authorize Window of Wealth to establish an automatic Credit Card payment arrangement as specified in this Program agreement to pay for each monthly Subscription order. Window of Wealth will make no other charges to my Credit Card account except for those that I have authorized. I understand that my participation in the Program will continue until cancelled.
If any problems arise with my shipping address or the Credit Card provided on this Program agreement, I understand that my participation in the Program will be placed on hold and no additional products will be processed or shipped until the problem has been resolved.
I acknowledge that these terms and conditions are between me and Window of Wealth and govern our rights and obligations. I acknowledge that Window of Wealth may, in its sole discretion, change these terms and conditions at any time without prior notice to me. MY CONTINUED PARTICIPATION IN THE PROGRAM AFTER THE TERMS AND CONDITIONS ARE CHANGED CONSTITUTES MY ACCEPTANCE OF THE CHANGES. IF I DO NOT AGREE TO THE CHANGES, I MUST CANCEL MY PARTICIPATION IN THE PROGRAM.
I acknowledge that Window of Wealth may, in its sole discretion, terminate my participation in the Program at any time and may discontinue or modify the Program or the products available through the Program at any time. If Window of Wealth terminates my participation in the Program, I will only be charged for orders that have shipped to me.
LIMITATION OF LIABILITY: IN NO EVENT WILL Window of Wealth OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO MY PARTICIPATION INTHE PROGRAM. WINDOW OF WEALTH’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE WILL NOT EXCEED THE AMOUNT OF. ALL PAYMENTS ACTUALLY MADE BY ME DURING MY PARTICIPATION IN THE PROGRAM. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY CANCELLATION OR TERMINATION OF MY PARTICIPATION IN THE PROGRAM. IF ANY PROVISION HEREOF IS FOUND TO BE INVALID, IN WHOLE OR IN PART, IT WILL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION HEREOF. THIS AGREEMENT WILL BE GOVERNED AND CONSTRUED UNDER THE LAWS OF THE STATE OF MARYLAND WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
You may cancel the transaction, without any Penalty or Obligation, within ten (10) business days from the enrollment date. If you cancel, any property traded in, any payments made
by you under the contract or sale, and any negotiable instrument executed by you must be returned within ten (10) business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. You must also email your request to cancel to [email protected].