Click here to print this page1. ACCEPTANCE OF APPLICATION - This application is effective, if properly completed and submitted by the applicant(s), on the date and time received and approved by The Discount Home Shoppers' Club, Inc (hereafter listed in these terms of agreement as "The DHS Club") in their home office.
2. COMPENSATION - Upon approval of this Application, I understand I will have purchased a subscription to the ClubAdvantage Program thus becoming a VIP Member with the DHS Club and shall be eligible to participate in the selling of the DHS Club's ClubAdvantage subscriptions and receive compensation in accordance with the DHS Club's Policies and Procedures and Compensation Plan. I understand and agree that my remuneration will consist solely of profits, overrides and bonuses derived primarily from in-person sales or solicitations from ultimate consumers. I understand that my success comes from sales to the end consumer, servicing my customers and Members and the development of a sales organization.
3. INCOME REPRESENTATIONS - I understand and agree that no earnings are guaranteed from participation in the marketing plan, other than the referral fee guarantees that are stipulated in the The DHS Club Compensation Plan and that any and all incomes listed or projected by The DHS Club are for illustration and goal projections only. Upon qualifying to receive Network Income, any monthly subscriptions will be subsequently deducted from your earnings.
4. MEMBERSHIP POLICY - Membership in the DHS Club is limited to one per person. Should it be discovered a Member has secured more than one membership, the second membership will be immediately terminated. If the Member does not wish to remain under the sponsorship of the first sponsor, they may terminate their membership and return under new sponsorship 6 months following such termination.
4a. If, within 30 days of upgrading to VIP, it is reported this VIP has secured more than one membership, the sponsorship of this VIP will be transferred to the first sponsor. If the VIP does not wish to remain under the sponsorship of the first sponsor, they may terminate their membership and return under new sponsorship 6 months following such termination as long as any fees they owe the DHS Club are paid to date. (example: VIP terminates membership and owes a membership fee or NSF check fee to the DHS Club. They must have these previous fees paid in order to rejoin the Club.) .
5. ADDITION OF SPOUSE OR PARTNER TO INITIAL MEMBERSHIP - I understand I may add my spouse or partner to my VIP membership by submitting this request in writing to the DHS Club HQ stating my intentions. This letter must be notarized and contain the VIP's name, the name of the person being added to the membership as well as the social security numbers (USA residents only) of all parties involved. This document must also state the person to be added has read and agrees to these Terms of Agreement. Upon receipt and acceptance by The DHS Club of this documentation, the addition to the initial membership will be processed.
6. VIP MEMBERSHIP REQUIREMENTS - A Member may become a VIP automatically by subscribing to the Club Advantage Program and by paying a $49.95USD initial fee and by keeping current the required $25.00USD monthly subscription fee. (Note: Your first VIP monthly subscription fee may occur as soon as the day after your sign up, should you sign up on the last day of the month). As a VIP, I acknowledge an annual renewal fee of $24.99USD will be charged in order to keep my subscription and VIP membership active and:
6a. I understand that I am required to review the information at The DHS Club and ClubShop sites, including the DHS Club Manual and familiarize myself with the company's policies, procedures, subscriptions, products and services.
6b. I agree to present The DHS Club's Compensation Plan fairly, accurately and completely, emphasizing that the sale of subscriptions, products and services to the end consumer is a requirement to earn money and that no recruitment fee can be derived from the mere act of recommending other Members.
6c. As a ClubAdvantage subscribing VIP, I acknowledge my responsibilities to ensure my monthly membership subscription fee is paid in full each month. If my membership subscription fee remains unpaid for a period of 2 months, my membership will be terminated by The DHS Club. Such termination will cause me to immediately forfeit my network position, the resulting or potential downline from this position and any rebates or income derived or to be derived from it.
6d. I agree that I will not promise, guarantee or misrepresent any potential or expected earnings of or for any Member or make any statements, disclosures or representations in selling The DHS Club's subscriptions and products, other than those contained in approved company web pages, literature and sales aids. Any month in which you qualify for Network Income, the ClubAdvantage subscription fee for the following month will automatically be deducted from your earnings.
6e. Any activities, whether lawful or unlawful, which are harmful to the DHS Club's operations, reputation, or other clients, especially activities which may restrict or inhibit others from using and enjoying the services which we provide, are strictly prohibited.
6f. I understand that I cannot, under any circumstances, incur any debt, expense or obligation on behalf of, or for, The DHS Club. I understand that I will not for any reason, act as a spokesperson for The DHS Club in any manner to any media or publication without prior written authorization from DHS Club HQ.
7. PAYMENT CHARGEBACKS - Any VIP member contesting a credit or debit card charge after submitting an application authorizing the DHS Club to charge their account will have the contested charges reported as an outstanding debt to a credit bureau. Any such action will result in a $100USD collection fee being levied against the VIP. Any checks that have been issued to the VIP that are outstanding as of the date the DHS Club receives the chargeback notification will be voided immediately and will have a stop payment placed on the checks.
8. ADDITIONAL MEMBERSHIP REQUIREMENTS IF MEMBERSHIP IS PLACED IN A COMPANY NAME - In addition to the membership requirements noted above, I understand should I wish to have my VIP Membership listed under a company name, I must provide The DHS Club with the name of the company and the Federal Identification Number (USA Only) for said company as outlined in the DHS Club Business Name Policy.
9. TRANSFER - I understand that because of the personal nature of this Agreement, that it may be bequeathed or inherited. It may be transferred or otherwise assigned to another by following the explicit instructions of the DHS Club's Business Sale or Transfer Policy & Procedure, and with the prior written consent of The DHS Club. I understand that if I transfer my membership to another person, I am prohibited from joining the DHS Club at any time in the future.
10. DIRECT SELLER - I understand and agree that I am acting as a Self Employed Direct Seller per the U.S. Internal Revenue Code, Section 3508, and therefore am classified as a Statutory Non-Employee. I acknowledge that I am responsible for my own business activities and that there is nothing in this agreement which construes, implies or creates an employee, consignee, trustee, partnership, joint venture or similar enterprise.
11. NONCOMPETE/SOLICITATION CLAUSE -I may not receive or accept any money from other DHS Club Members whether or not any income or benefit is derived as a result, unless permitted to do so in conjunction with DHS Club Policies as shown in the Business Manual. This policy applies to all Members and to any third party affiliations or corporations from which a Member is able to receive compensation or benefit (benefits may be described as any method of compensation other than monetary.)
12. VIP INFORMATION RESPONSIBILITIES - I understand that it is my responsibility to ensure that my personal contact information (such as email address, mailing address, phone number) is accurate and up to date at all times. If I fail to keep my personal contact information accurate and up to date, I understand that I will be billed, up to a maximum of $25.00 per occurrence, as reimbursement for any research, long distance or postage charges incurred by the DHS Club to obtain my accurate personal contact information. I understand and agree that this amount will be either deducted from my commissions or billed directly to me for immediate payment remittance.
13. VIP SPONSOR RESPONSIBILITIES - I understand that the Member accounts that I gain and the Members accounts that become part of my network, belong to the DHS Club and in order to receive compensation or overrides on the purchases made by these Members, I agree to perform a bona fide supervisory and support function in connection with the sale of DHS Club subscriptions, products and services to these Members. I also agree to assist in training the VIP Members that I sponsor and that are within in my network. I agree to have continuing communication with and supervision of my sales organization from which I receive any compensation, overrides or bonuses. For a complete explanation of VIP sponsor responsibilities, view our VIP Sponsor Responsibility Policy. As a VIP member I understand that failure to comply with my responsibilities will result in disciplinary action, which may include immediate termination of my membership.
14. COMMUNICATIONS - I understand that the preferred method of communication with my personally sponsored members, downline members, and DHSC Headquarters is by email. I understand that I must answer any email inquiries from my downline members and DHSC Headquarters within 72 hours. I understand that it is my responsibility to ensure that my email address is accurate at all times and is one whereby my members and DHSC Headquarters may communicate with me. Should I find that I am not receiving the regular and normal informational emails from DHSC Headquarters, it is my responsibility to investigate this matter and to immediately make the necessary changes to ensure the delivery of communications from DHSC Headquarters. As a VIP member I understand that failure to comply will result in disciplinary action, which may include suspension or forfeiture of my commission, and/or termination of my membership.
15. QUALITY ASSURANCE - I understand and agree that the DHS Club Headquarters may ask me to provide copies of the monthly communications with my downline VIPs and members. I understand and agree that Quality Assurance measures are necessary to ensure that company standards are being met. I understand that I must answer any Quality Assurance email inquiries from DHSC Headquarters, providing the information they have requested, within 72 hours. As a VIP member I understand that failure to comply will result in disciplinary action, which may include suspension or forfeiture of my commission, and/or termination of my membership.
16. CHANGE IN POLICIES - In order to maintain a viable marketing program to comply with federal, state or local laws or economic conditions, The DHS Club may provide changes in policies, procedures, rules, regulations, company literature, sales aids, compensation program and/or subscription and information product prices. Such changes shall upon notice to the member or appearing at the DHS Club Web Site, become a binding part of this agreement.
17. BULK EMAIL - I agree to not utilize UBE (unsolicited bulk email) services in promoting the DHS Club. Doing so will result in the immediate suspension or termination of my account with a cancellation of any pending referral fees. I understand that by utilizing bulk email I may be subject to legal action and be held liable for any financial loss incurred by the DHS Club.
17a. Any service interruptions to the DHS Club as a result of Members utilizing bulk email will billed to the offending Member(s) at 250 U.S. dollars per hour until service is restored.
18. USAGE OF MATERIALS - I understand and agree that any ads, email solicitations, marketing and/or sales aids, or materials that include or reference The DHS Club or any The DHS Club trade names, email addresses, web pages or trade marks must be approved by The DHS Club prior to their use. Only web pages, ads, literature and sales aids expressly authorized for duplication may be duplicated for use by the Members. The unauthorized use or duplication of trade marks or copyrighted material is a violation of federal law.
19. INDEMNITY - Each Member hereby agrees to indemnify and hold harmless The DHS Club, its officers, affiliates or representatives of and from any claim, demand, liability or expense including reasonable attorney's fees incurred thereby as a result of or in connection with the acts or omissions of other Members.
20. LAWS - I am of legal age in the state (or country for International Members) of my residency, to enter into this agreement. I understand that no attorney general or other regulatory authority reviews, endorses, or approves any product, membership, compensation program, or company and I will make no claims otherwise. In the event a question shall arise concerning compliance by The DHS Club, such questions shall be submitted to The DHS Club in writing. VIP residents in the states of Georgia, Indiana, Iowa, Maine, Michigan, North Dakota and West Virginia are limited to $495.00USD ($190.00USD for CT. residents) in purchases of all types directly from The DHS Club during the first six months of being a VIP. The same limitation shall also apply in all states where a similar purchase limitation is required to maintain exemption from business opportunity registration. Should any provision of this Agreement violate any applicable state law or should any required provision be omitted herefrom, such provision shall be automatically amended or added to conform to the requirements of the law of the state for the VIPs who are residents of that state.
21. SEVERALIBILTY - Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining portion, which shall remain in full force and effect. Furthermore, in lieu of such invalid or unenforceable provision there shall be added in its place a provision as similar in its terms to the invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
22. CLAIMS AND DISPUTES - This agreement is governed by the laws of the State of Florida and all claims and disputes relating to this Agreement, the right and obligation of the parties or any other claims or causes of actions relating to the performance of either party under this Agreement and/or purchases of subscriptions, products and services shall be settled totally and finally by arbitration in Charlotte County, Florida in accordance with the Federal Arbitration Act and the Commercial Rules of the American Arbitration Association. This agreement shall be binding upon the successors and assigns of both parties.
23. CANCELLATION - I understand that I may cancel my VIP ClubAdvantage subscription within 30 days of submitting my application and receive a full refund of any ClubAdvantage subscription fees paid. I understand and agree that this agreement may be terminated by myself by processing through the DHS Club's website at http://www.clubshop.com/cancel.html or by submitting such notification in writing by postage mail or fax to arrive at the DHS Club HQ no later than the 30th day after subscribing.
If I elect to cancel my subscription after my first 30 days, I understand that I must do so by the last day of the month or I will be charged the next month's subscription fee. (You are responsible for the ClubAdvantage subscription fees for the month in which you cancel. i.e. If you cancel your subscription on August 1, you are responsible for August fees.)
By submitting any cancellation, whether within or after the first 30 days, I understand that such termination will cause me to immediately forfeit my network position, and the resulting or potential down-line from this position and any rebates or income derived or to be derived from it. After terminating my Membership, I may be re-enrolled by another Member after 6 months following the date of this cancellation. As a VIP Member, I understand that upon cancelling my ClubAdvantage subscription, I will automatically become a Shopper Member unless I specifically request at the cancellation site that my Membership be cancelled completely.
23a. To cancel your membership on our website go to: http://www.clubshop.com/cancel.html. If you do not have internet access or wish to process your cancellation online, send your cancellation via postal mail to: The DHS Club, 2560 Placida Road, Englewood, FL 34224. If you choose to send your cancellation via postal mail, your membership will be cancelled on the date we receive the mailed cancellation. You may fax your cancellation to: 941-475-4081. Cancellation will take effect on the date we receive and process the faxed cancellation.
24. TERMINATION - The DHS Club may suspend or terminate your Membership and network position immediately in the event any term of this agreement is breached. Such termination will cause you to immediately forfeit your network position, the resulting or potential down-line from this position and any rebates or income derived or to be derived.
25. AGREEMENT - It is expressly agreed by the parties that there are no verbal or written representations or agreements relating to becoming a Member other than those contained in this agreement and that this Application and Agreement, including The DHS Clubs Policies and Procedures, both incorporated herein by reference, constitute the entire agreement between the parties hereto. I have read this agreement and I acknowledge keeping a copy of all documents referred to, and agree to abide by and be bound by the terms contained therein.