TERMS AND CONDITIONS OF KMI AUSTRALIA C.C
MEMBER’S APPLICATION & AGREEMENT:

1. I am of legal age, in the jurisdiction in which I reside, to enter into this Agreement. This Agreement becomes effective on the date received, signed by the Applicant, and accepted by the Company in its Fulfilment Centre located at 4/5 Manhattan Arcade, 160 Main Street, Pakenham, Victoria, 3810.

2. Upon acceptance of this application I understand I will become a Distributor Member of the Company and will be eligible to participate in the selling and distribution of the Company's goods and services and receive rebates in connection with such sales in accordance with the Company's Policies and Procedures, and Compensation Plan.

3. I understand that as a Member I am an independent contractor, not an agent, employee or franchisee of the Company. I further understand and agree that I will not be treated as an employee with respect to such services, for income and National Insurance taxes purposes. Nor will I be treated as an employee for purposes of any National Unemployment Tax Act, any National Insurance Contributions Act, any Social Security or Social Insurance Act, or any National Employment Security Act. I understand and agree to pay all applicable federal, national and/or state income taxes, self employment taxes, GST taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement. In addition, I hereby warrant to the Company that I am in compliance with all applicable rules, regulations, ordinances, and laws of my home municipality, Province, and Country in connection with my activities as a KMI Member.

4. I agree that as an independent contractor, I will be solely responsible for all statements made regarding the Company's Compensation Plan or products which are not expressly contained in writing in the Company's policies, product description or Compensation Plan.

5. I understand and agree that my remuneration will consist solely of rebates, overrides and/or bonuses, relating to the sale or other output derived from in-person sales, solicitations or orders from ultimate consumers, primarily in the home or otherwise, rather than in a permanent retail establishment.

   In accordance with the terms and conditions contained in this Application and Agreement (hereinafter "Agreement"), I hereby submit my application to become an Independent Member, (hereinafter referred to as " Member"), with KMI Australia PTY LTD (hereinafter referred to as "Company"), and hereby state and agree as follows:

6. If I decide not to continue as a Member, I may submit my written resignation. Doing so automatically terminates this Agreement. I understand I am not required to maintain an inventory of any kind in order to become a Member.

7. I hereby agree to represent the Company's Compensation Plan fairly and completely, emphasising that retail sales are a requirement, that no recruitment fee can be derived from the mere act of sponsoring other Members, and that no earnings are guaranteed from participation in the Compensation Plan. I agree that I will not make any representations about the actual, potential or expected earnings of any Member of the Company, or make any medical claims.

8. I understand that as a Member, I am not guaranteed any income, nor am I assured any profit or success. I understand the Compensation Plan and that I can only derive commissions upon the sale of the Company's goods and services. I will be free to set my own hours, and determine my own location and methods of selling, within the guidelines and requirements of this Agreement.

9. I further certify that neither the Company nor my sponsor has made any claims of guaranteed earnings or representations of the anticipated earnings that might result from my efforts as a Member. I understand that my success as a Member comes from retail sales, service, and the development of a marketing organisation. I understand and agree that I will make no statements, disclosures, or representations in selling the Company's goods and services or in the sponsoring of other prospective Members, other than those contained in approved Company literature.

10. I understand that the Company requires all Members to obtain prior approval for any content or materials that are placed on the Internet, which includes websites, hyperlink, e-mail communications, or any other electronic or computer-related medium. Further details are included in the Company’s Policies and Procedures.

11. In the event I sponsor other Members I agree to perform a bonafide supervisory, distributive and selling function in connection with the sale of the Company's goods and services to the ultimate consumer. I also agree to train any Members I may sponsor in the performance of these functions. I agree to have continuing communication and supervision with my sales organisation.

12. I understand and agree that the Company, in order to maintain a viable marketing system, may make modifications in the Policies and Procedures, Compensation Plan, Company literature and product prices. I further agree to be bound by such changes upon publication in official Company literature.

13. I understand that the acceptance of this Application does not constitute the sale of a franchise or a Membership, and that there are no exclusive territories granted to anyone, and that no franchise fees have been paid, nor am I acquiring any interest in a security by the acceptance of this Agreement.

14. The Company may terminate this Agreement if I engage in or am found to have engaged in conduct that could discredit the Company or its Product. I understand the Company is a family oriented business that expects its Members to conduct themselves with the highest ethics and integrity. I agree to do so and represent that I have never been convicted of a felony or charged with and conduct involving fraud or dishonesty.

15. The term of this Agreement is one year. Either party has absolute discretion to not renew this Agreement. The renewal process and fees, if any, are set forth in the Company’s Policies and Procedures.

16. All disputes between the Company and me shall be governed by Australian law and resolved by binding arbitration in accordance with the Company’s dispute resolution policy as set forth in the Company’s Policies and Procedures. Gauteng shall be the sole and appropriate place for jurisdiction and venue of any dispute between the Company and me.

17. I understand and agree that this Agreement, including the Company's Policies and Procedures, and Compensation Plan, incorporated herein by reference, constitute the entire agreement between the parties hereto. I certify that I have read this Agreement and understand all terms and conditions for participation in KMI Australia PTY LTD, that I have not been induced into participating in this program by KMI or any KMI Member, and hereby declare that through independent advice and evaluation, I have satisfied myself as to the nature and viability of this business opportunity.

18. A monthly accounting fee of $0.10 per member in your organisation will be deducted from your monthly bonus. An annual subscription renewal fee will be debited to the selected method of payment on the anniversary of membership acceptance.

    I HEREBY AUTHORISE AND GIVE FULL CONSENT TO THE COMPANY TO COPYRIGHT AND PUBLISH ALL PHOTOS AND/OR VIDEOS AND/OR MOTION PICTURES AND/OR VOICE RECORDING TAKEN BY THEM OR THEIR AGENTS IN WHICH I MAY APPEAR AS A KMI MEMBER AT A KMI FUNCTION, WITHOUT LIMIT OR RESERVATION, AND WAIVE THE RECEIPT OF ANY FEE OR ROYALTY UNLESS AGREED UPON IN WRITING.

    A PARTICIPANT IN THIS COMPENSATION PLAN HAS A RIGHT TO CANCEL AT ANYTIME, REGARDLESS OF REASON. CANCELLATION MUST BE SUBMITTED IN WRITING TO THE COMPANY AT ITS PRINCIPLE PLACE OF BUSINESS.

    A signed and dated copy of this Terms & Conditions Statement must accompany a completed, signed and dated Application and Agreement Form.