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Terms and Conditions
LAST UPDATED: May 3, 2023
I understand that as an Independent Consultant for Christian Creations Unlimited ("CCU" hereinafter):
I have the right to offer for sale CCU products and services in accordance with these Terms and Conditions.
I have the right to enroll persons in CCU.
If qualified, I have the right to earn commissions pursuant to the CCU Marketing and Compensation Policy.
I agree to the present CCU Marketing and Compensation Policy and CCU products and services as set forth in official CCU literature.
I agree that, as a CCU Independent Consultant, I am an independent contractor and not an employee, partner, legal representative, or franchisee of CCU. I agree that I will be solely responsible for paying all expenses which I incur in my business, including, but not limited to, travel, food, lodging, secretarial, office, telephone, website support and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF CCU FOR FEDERAL OR STATE TAX PURPOSES. CCU is not responsible for withholding and shall not withhold or deduct from my bonuses and commissions, if any, FICA or taxes of any kind unless later required by law.
I have carefully read and agree to comply with the CCU Policies & Procedures, the CCU Marketing and Compensation Policy, 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 CCU. I understand that the CCU Policies & Procedures and/or the CCU Marketing and Compensation Policy may be amended at the sole discretion of CCU, and I agree to abide by all such amendments. Notification of amendments shall be posted on CCU's website. Amendments shall become effective 30 days after publication. The continuation of my business as a CCU Independent Consultant or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
The term of the Agreement is one year. If I fail to annually renew my business as a CCU Independent Consultant through the purchase of inventory, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a CCU Independent Consultant. I shall not be eligible to sell CCU products and services, nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination, or nonrenewal, I waive all rights I 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. CCU reserves the right to terminate all Independent Consultant Agreements upon 30 days-notice if CCU elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. I, an Independent Consultant, may cancel this Agreement at any time and for any reason upon written notice to CCU at its principal business address.
I may not assign any rights under the Agreement without the prior written consent of CCU. Any attempt to transfer or assign the Agreement without the express written consent of CCU renders the Agreement voidable at the option of CCU and may result in termination of my business.
I understand that if I fail to comply with the terms of the Agreement, CCU may, at its discretion, impose upon me disciplinary sanctions as set forth in the 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, losing any rights to any unpaid bonuses or commissions or any other incentives that would have been due to me upon completion of an existing sale.
CCU, 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 CCU 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 CCU and its affiliates from all liability arising from, or relating to, the promotion or operation of my business as a CCU Independent Consultant and any activities related to it (e.g., the presentation of CCU products or Marketing and Compensation Policy, the operation of a motor vehicle, the lease of meeting or training facilities, etc.) and agree to indemnify CCU for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
The Agreement, in its current form and as amended by CCU at its discretion, constitutes the entire contract between CCU and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
Any waiver by CCU of any breach of the Agreement must be in writing and signed by an authorized officer of CCU. Waiver by CCU of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
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 will remain in full force and effect.
The Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without regard to principles of conflicts of laws. In the event of a dispute between a CCU Independent Consultant and CCU 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 & Procedures. CCU shall not be obligated to engage in mediation or arbitration as a prerequisite to disciplinary action against a CCU Independent 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 & Procedures. Notwithstanding the foregoing, CCU shall be entitled to bring an action before the State or Federal Courts in Kendall County, State of Illinois, seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including, but not limited to, actions to protect its customer and/or CCU Independent Consultant lists as well as other trade secrets, trademarks, trade names, patents, and copyrights.
The parties consent to jurisdiction and venue before any federal or state court in Kendall County, State of Illinois, for purposes of enforcing an award by an arbitrator, an action by CCU for equitable relief, or any other matter not subject to arbitration.
Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
Montana Residents: A Montana resident may cancel the Agreement within 15 days from the date of enrollment and may return the Enrollment for a full refund within such time period.
If a CCU Independent Consultant wishes to bring an action against CCU 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 CCU for such act or omission. A CCU Independent Consultant waives all claims that any other statute of limitations applies.
I authorize CCU to use my name, photograph, personal story and/or likeness in advertising, promotional materials or on CCU's website(s) and waive all claims for remuneration for such use.
A faxed copy of the Agreement, as well as a digitally scanned copy, or digitally displayed and agreed to, shall be treated as an original in all respects.
NOTICE OF RIGHT TO CANCEL: You may CANCEL the Agreement and any initial transaction, without any penalty or obligation, within THREE (3) BUSINESS DAYS from the date of the Agreement (five (5) business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the Agreement or initial transaction, and any negotiable instrument executed by you will be returned within TEN (10) BUSINESS DAYS following receipt by CCU 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 the Agreement and any initial sale transaction, or you may, if you wish, comply with the instructions of the seller of goods 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 Agreement or transaction sale contract. To cancel this Agreement and any initial transaction, mail or otherwise deliver a signed and dated notice of cancellation to Christian Creations Unlimited at P.O. Box 1411, Plainfield, IL 60544 NOT LATER THAN MIDNIGHT of the third business day following the date of the Agreement.