The Consultant Agreement is your legal contract with Epicure. When entering into the Agreement, you agree to the terms and conditions therein. Be sure to familiarize yourself with the terms and conditions as violations can result in the termination of your contract.

Consultant Agreement

THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT ACCEPTANCE OF THE PRESENT APPLICATION BY EPICURE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

CONSENT RE: PERSONAL INFORMATION

The Independent Epicure Consultant agrees and consents to the collection, use, storage, and disclosure of their personal information by Epicure for the purposes of carrying on business as an Independent Epicure Consultant, pursuant to this Agreement and all related commercial activities.

I. APPLICATION

The undersigned wishes to apply to become an Independent Epicure Consultant. The Independent Epicure Consultant is of legal age in the Province in which he resides and does not already have an existing Epicure Consultant Agreement or participate, either directly or indirectly, in the operation of an existing Epicure Consultant account. The Independent Epicure Consultant has read, understands, and accepts the Terms and Conditions as outlined in this Agreement and any renewal thereof.

The Independent Epicure Consultant acknowledges that Epicure reserves the right to limit, restrict, or suspend for a time all new Consultant Applications if growth is too rapid to properly service existing Independent Epicure Consultants.

The Independent Epicure Consultant understands that Epicure does not discriminate in its acceptance or rejection of applicants because of race, creed, gender, marital status, sexual orientation, or national origin.

II. TERM

The term of this Agreement is one year. This Agreement will be automatically renewed annually on each anniversary date of the acceptance of this Agreement, unless otherwise cancelled.

III. CONDITIONS AND UNDERTAKINGS

The Independent Epicure Consultant will be allowed to purchase products from Epicure at wholesale prices and resell said products to Customers.

The Independent Epicure Consultant shall, at all times and under all circumstances, represent himself as an Independent Epicure Consultant with Epicure, and shall never give reasonable grounds to believe, to anyone and especially to his Customers, that he is acting for or as a representative of Epicure.

The Independent Epicure Consultant agrees not to use Epicure contacts to promote the sale of other products or services of, or business opportunities in, another multilevel marketing, network marketing or direct selling plan (either online, offline, via social media or in any other manner). The Independent Epicure Consultant also undertakes not to solicit or recruit, either directly or indirectly, Epicure Customers, Consultants, or Employees. The term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Epicure Consultant, Customer or Employee or their family members to enroll or participate in another multilevel marketing, network marketing or direct sales plan. The conduct described in the preceding sentence constitutes recruiting even if the Independent Epicure Consultant’s actions are in response to an inquiry made by another Epicure Consultant, Customer, or Employee. In addition, the Independent Epicure Consultant understands and agrees to abide by the Epicure Code of Conduct, as outlined in the Epicure Consultant Business Guide (the “Consultant Business Guide”).
If the Independent Epicure Consultant is engaged in a non-Epicure multilevel marketing, network marketing or direct sales plan, it is the responsibility of the Independent Epicure Consultant to ensure that his Epicure business is operated entirely separate and apart from and is not co-mingled with, any such plan in which the Consultant participates. To this end, the following must be adhered to:

The Independent Epicure Consultant shall not display Epicure promotional materials, sales aids, products or services with or in the same location as any non-Epicure promotional materials, sales aids, products or services.
The Independent Epicure Consultant may not, personally or through a third party, offer the Epicure opportunity, products or services to prospective or existing Customers or Consultants in conjunction with any non-Epicure program, opportunity, product or service. This includes, but is not limited to, promoting another multilevel marketing, network marketing or direct selling plan to Epicure Consultants, Customers, or Employees under the Independent Epicure Consultant’s online profile; or inviting Epicure Consultants, Customers, or Employees to the Independent Epicure Consultant’s social media group pertaining to another multilevel marketing, network marketing or direct selling plan.

The Independent Epicure Consultant may not offer any non-Epicure products, services, or opportunity at any Epicure-related meeting, seminar, convention, trade show, cooking class, or other event. If any Epicure event is held telephonically or via the internet, any non-Epicure event must be at least two hours before or after the Epicure event, and on a different conference telephone number or internet web address.

When recruiting, the Independent Epicure Consultant will describe the Epicure discount and bonus compensation structure fairly and completely, and will emphasize the following: that retail sales are a requirement; that no purchase of inventory is required at any level other than the Career Kit; that no recruitment fee can be derived from the mere act of sponsoring other Independent Epicure Consultants; and that no earnings are guaranteed from the mere purchase of a Career Kit. Additionally, the Independent Epicure Consultant agrees that he will not make any representations about the actual, potential or expected earnings of an Independent Epicure Consultant.

The Policies & Procedures, Career Plan, and Consultant Business Guide outline the compensation, bonuses, and other business revenues payable to an Independent Epicure Consultant. The Independent Epicure Consultant acknowledges that there is only one revenue earning event for an Independent Epicure Consultant, namely, the sale of products, and that, in part, the compensation is payable through weekly electronic fund transfers (EFT) into their bank account on file. Accordingly, no compensation, bonuses, or other business revenues shall be earned from the mere sponsorship or enrollment of any of the Independent Epicure Consultant’s Downline (recruits). There is no guaranteed income, compensation or success, and the Independent Epicure Consultant bears the risk of loss in their Epicure business. The Independent Epicure Consultant is strictly prohibited from making any earnings representations to others, and from representing that compensation is payable for anything other than sale of product.

The Independent Epicure Consultant understands that Independent Epicure Consultants are not authorized to and will not, for any reason whatsoever, incur any debt, expense or obligation on behalf of or for Epicure.

In accordance with the Epicure direct marketing policy, the Independent Epicure Consultant agrees not to sell the products, at any time and under any circumstances, in a permanent retail outlet without the express written consent of Epicure. The Independent Epicure Consultant acknowledges that, as the products comprising the Career Kit are to be used for demonstration purposes only, they may not be resold.

The Independent Epicure Consultant hereby agrees not to re-package or re-label any Epicure, Epicure Selections^®, or Victorian Epicure products, and not to sell Epicure or Victorian Epicure products under any other name or label. The Independent Epicure Consultant further agrees not to produce, sell or use for the purpose of advertising, promoting or describingEpicure or Victorian Epicure products or discount and bonus compensation structure any written, recorded or other materials which have not been approved by Epicure.

The Independent Epicure Consultant will use only company-provided materials, unless otherwise approved, when representing Epicure, Epicure Selections^®, and Victorian Epicure products. All media exposure must be pre-approved in writing by Epicure. The Independent Consultant will make no statements, claims or warranties that are not contained in current company-provided materials.

The Independent Epicure Consultant understands and agrees that Epicure may modify this Agreement (including the Consultant Business Guide), company literature, and product prices at any time. Epicure will notify the Consultant of such changes. The Independent Epicure Consultant consents to all such changes by placing orders, accepting bonuses, or accepting commissions after such notification has been made.

An order for Epicure, Epicure Selections^®, or Victorian Epicure product placed by an Independent Epicure Consultant (a “Sales Order”), whether from the Independent Epicure Consultant or the Independent Epicure Consultant’s Downline, shall be either accepted or rejected by Epicure, at its discretion, on a timely basis. In the event that Epicure accepts a particular Sales Order, Epicure shall sell and arrange delivery of product, as ordered, to the Consultant or to another person designated by the Independent Epicure Consultant..

IV. INDEPENDENT CONTRACTOR

The Independent Epicure Consultant hereby declares and agrees that he is an independent contractor and not an employee, agent, jointventurer or partner of Victorian Epicure

The Independent Epicure Consultant understands that:
1. This application does not constitute the sale of a franchise or a distributorship.
2. There are no exclusive territories granted to anyone.
3. No franchise fees have been paid.
4. The Independent Epicure Consultant is not acquiring any interest in a security.

Epicure reserves the right to make elections with federal and provincial taxing authorities to simplify the collection of any sales or use tax, including the GST, HST, QST and the various provincial sales taxes levied in British Columbia, Saskatchewan, Manitoba, Ontario, and Prince Edward Island. In conjunctions with these elections, Epicure will provide a reasonable suggested retail price for each of its products, and will charge, collect and remit any applicable sales tax based upon these suggested retail prices.The Independent Epicure Consultant is not bound to offer or sell Epicure products at the suggested retail price and may establish such reasonable price as the Independent Epicure Consultant shall determine, with the exception of all sales at public venues or events in which case they must adhere to all retail pricing as stipulated in the current catalogue (for details refer to “Product Pricing & Sales” in the Consultant Business Guide).

Subject to the sales tax elections discussed above, the Independent EpicureConsultant is solely responsible for the payment of all applicable federal, provincial and municipal income, unemployment and other taxes and premiums, and any license requirements and fees attributable to the Independent Epicure Consultant’s sales activities and earnings associated therewith.

Furthermore, the Independent Epicure Consultant hereby declares he is an independent contractor in regard to all laws and regulations related to health and security in the work place, as the case may be, and hereby undertakes to personally register with the relevant authorities and to pay any registration fees as may be required.

V. LEADERS

The Independent Epicure Consultant who achieves “Leader” level or above, as defined in the Career & Compensation Plan, understands and agrees that he will also abide by the following obligations and requirements, in addition to all other terms and conditions outlined herein, save and except those terms and conditions set out under Section VI Directors:
1. The Leader shall not, during the term of this Agreement, for himself, or for another person, directly or indirectly, perform duties or activities identical or substantially the same as those performed as an Independent Epicure Consultant, under any multilevel marketing, network marketing or direct selling plan that competes, directly or indirectly, with any business of Epicure, Epicure Selections®, or Victorian Epicure Inc., including but not limited to those multilevel marketing, network marketing or direct selling plans that sell the following types of products: herbs & spices, herb & spice blends, teas, cookware, food storage containers, food preparation tools and food preparation utensils, health & wellness, and weight loss/management, in any territory in Canada in which he has acted as an Independent Epicure Consultant. Such actions will be considered a conflict of interest and may result in the immediate termination of this Agreement. However, for greater certainty, the Leader is not prohibited from working for a direct sales, multi-level marketing or party plan company that does not compete with Epicure or Victorian Epicure Inc. If the Leader has any questions or concerns as to whether his work outside of Epicure is contravention of this section, he should immediately contact Victorian Epicure Inc. for confirmation.
2. The Leader shall not solicit or recruit individuals who are working in the service of or for, directly or indirectly in any manner whatsoever, a direct sales, multi-level marketing or party plan company which competes directly or indirectly with Epicure, Epicure Selections^®, or Victorian Epicure Inc. in Canada and performs duties or activities which are identical or substantially similar to those performed or carried on by an Independent Epicure Consultant.
3. The Leader shall not make any remarks, verbally, non-verbally, or in writing, which are defamatory or injurious about another person or entity, including Epicure and/or Victorian Epicure Inc., its management staff, other Independent Epicure Consultants, Home Team Members, or any direct sales, multi-level marketing or party plan company, or their employees or consultants.
4. The Leader shall not knowingly disparage, criticize, or otherwise make any derogatory statements regarding Epicure, Epicure Selections^®, and/or Victorian Epicure Inc. Thiscovenant survives the termination of this Agreement, regardless of the reason the Agreement is terminated.
5. The Leader shall not misrepresent or make false or misleading claims or statements regarding Epicure, Epicure Selections^®, and/or Victorian Epicure Inc. business or products.
6. The Leader’s request for and acceptance of a Product Launch Assortment, which is provided by Epicure at no cost to the Leader, requires him to conduct a “Live Product Launch Event”. A “Live Product Launch Event” is an in-person event organized and hosted by the Leader at his own expense, whereby the Leader invites Independent Epicure Consultants to a particular location or venue to learn about and sample the new product. The Leader understands further that he will be required re-affirm his acceptance of the obligation to host a Live Product Launch Event as defined herein each time he registers to receive a new Product Launch Assortment.

VI. SENIOR DIRECTORS

The Independent Epicure Consultant who achieves “Senior Director” level and above, as defined in the Career & Compensation Plan, understands and agrees that he will also abide by the following obligations and requirements, in addition to all other terms and conditions outlined herein, including those applicable to Leaders:
1. Senior Directors shall not, during the term of this Agreement, for himself, or for another person, directly or indirectly, perform duties or activities identical or substantially the same as those performed as an Independent Epicure Consultant, under any other direct sales, multilevel marketing or party plan Such actions will be considered a conflict of interest and may result in the termination of the Agreement. If the Senior Director has any questions or concerns as to whether his work outside of Epicure isa contravention of this section, he should immediately contact Victorian Epicure Inc. for confirmation.

VII. NON-DISCLOSURE, INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP OF DOCUMENTATION

The Independent Epicure Consultant acknowledges that he may receive, in the course of acting as an Independent Epicure Consultant, confidential information pertaining to the activities, operations and business of Victorian Epicure Inc. as it pertains to Epicure, Epicure Selections^®, and/or Victorian Epicure Inc. including, but not limited to, the names of vendors, suppliers, Customers and other Independent Epicure Consultants, and that the disclosure of any such confidential information could be prejudicial to Epicure and/or Victorian Epicure Inc. and contrary to their interests.

Accordingly:

The Independent EpicureConsultant acknowledges that all such information and documentation is and shall remain their exclusive property, and agrees to respect the confidentiality of such information and not to disclose it to any person without the express written consent of Epicure or Victorian Epicure Inc., for the whole duration of the present Agreement and any renewal thereof, and will not to make any use of such information for any purpose whatsoever upon termination of this Agreement; and
The Independent Epicure Consultant acknowledges that nothing in the present Agreement shall be construed as granting or conferring him any rights, by license or otherwise under any trademark, trade name, copyright, patent, know-how or other proprietary right owned or held by Epicure or Victorian Epicure Inc. (the intellectual propriety rights).
The Independent Epicure Consultant acknowledges that the existing intellectual property rights, as well as any applications therefore, pertaining to Epicure, Epicure Selections^®, and Victorian Epicure Inc. are the exclusive property of the latter and the Independent Epicure Consultant undertakes never to contest or infringe, directly or indirectly, any such intellectual property rights owned or claimed by Epicure or Victorian Epicure Inc.

VIII. NON-COMPETITION & NON-SOLICITATION

If the present Agreement is terminated or expires, or if the Independent Epicure Consultant ceases in any manner to act as an Independent Epicure Consultant (the “Termination”), the Independent Epicure Consultant expressly undertakes, for a period of twelve (12) months following such Termination, not to, for himself or for another person, directly or indirectly, perform duties or activities identical or substantially the same as those he performed while acting as an Independent Epicure Consultant, in any business that is identical to or substantially the same as or competes, either directly or indirectly, with any business of Epicure, Epicure Selections^®, or Victorian Epicure Inc., in any territory in Canada in which he has acted as an Independent Epicure Consultant as of the date of Termination.

During said period and in said territory or territories, the Independent Epicure Consultant also undertakes not to solicit or recruit, either directly or indirectly, Customers, Consultants, or employees of Epicure, Epicure Selections^®, or Victorian Epicure Inc. The term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Epicure Consultant, Customer, or Employee to enroll or participate in another multilevel marketing, network marketing or direct sales plan. The conduct described in the preceding sentence constitutes recruiting even if the Independent Epicure Consultant’s actions are in response to an inquiry made by another Epicure Consultant, Customer, or Employee.

Furthermore, during said period and in said territory or territories, the Independent Epicure Consultant also undertakes not to do anything whatsoever to induce or persuade any person to put an end to his business relations with Epicure, Epicure Selections^®, or Victorian Epicure Inc.

It is understood and agreed that the purpose of the provisions contained in the tthree preceding paragraphs is to protect the legitimate interests of Epicure, Epicure Selections^®, and Victorian Epicure Inc. without unreasonably preventing any Independent Epicure Consultant from earning his living in his trade or profession. Thus, the restrictions contained in these paragraphs, in terms of duration, geographical scope and type of work that is prohibited, are limited to the extent necessary to accomplish that purpose. However, if a court of law should decide that any of the foregoing paragraphs or any part thereof is unreasonable in view of the particular circumstances, it is understood that the scope of such paragraph or part thereof shall be reduced to a scope that is deemed reasonable by such court of law.

IX. DEFAULT AND TERMINATION OF THE AGREEMENT

This Agreement may be suspended or terminated by Epicureupon simple notice in writing in the following cases:
1. The Independent Epicure Consultant is declared bankrupt or insolvent, any assignment of his property is made, or he is placed under protective supervision;
2. The Independent Epicure Consultant becomes physically disabled to such an extent as to make him unable to perform as an Independent Epicure Consultant morally and adequately for a period of at least eight (8) consecutive months or a cumulative period of twelve (12) months during a total period of twenty-four (24) months;
3. The Independent Epicure Consultant regularly does not reach the minimal sales objectives as may be fixed from time to time by Epicure;
4. The Independent Epicure Consultant breaches his covenant contained in this Agreement or any policy contained in the Independent Epicure Consultant Business Guide.

If this Agreement is terminated or if the Independent Epicure Consultant voluntarily terminates this Agreement, the Independent Epicure Consultant acknowledges and agrees to forfeit all bonus compensation (as described in the Independent Epicure Consultant Business Guide) to which the Independent Epicure Consultant is entitled, but has not yet received, up to the time of Termination or resignation. If the Independent Epicure Consultant rejoins Epicure, he acknowledges and agrees that this bonus compensation will not be reinstated. If the Independent Epicure Consultant voluntarily terminates the agreement and wishes to re-join under another sponsor, the Independent Epicure Consultant further acknowledges and agrees that he will be required to wait for a period of one year from the date of his Termination prior to filing a new application.

The Independent Epicure Consultant is entitled to cancel this Agreement at any time and for any reason upon 60 days’ notice in writing to Epicure.

In any event where the present Agreement is terminated, the Independent Epicure Consultant hereby declares and acknowledges that under his status of Independent Epicure Consultant, he shall not be compensated in any way for the termination of the present Agreement.

X. CONSULTANT BUSINESS GUIDE

The Terms and Conditions referenced in the Consultant Business Guide form part of the Consultant Agreement. The Independent Epicure Consultant hereby acknowledges and agrees to comply by such Terms and Conditions.

XI. INSURANCE

The Independent EpicureConsultant acknowledges and agrees to subscribe to the mandatory product liability insurance provided by Epicure for its Independent Epicure Consultants. This insurance premium is included with the purchase of the first order of a new year to ensure the “active” status of the Independent Epicure Consultant. This premium will not be refunded in part or in whole should you deactivate at any time in the year following your insurance payment.

XII. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and no other promises, representations, guarantees or agreements of any kind shall be valid unless in writing.

This Agreement revokes and cancels any prior agreement, verbal or written, with respect to the Independent Epicure Consultant’s application to be an Independent Epicure Consultant.

This Agreement shall supersede any other document or agreement entered into between Epicure and the Independent Epicure Consultant in case of conflict between the provisions of the present Agreement and the provisions of any other such document or agreement, including the provisions of the Consultant Business Guide and any modification or addition thereto.

XIII. ASSIGNMENT

The Independent Epicure Consultant understands and agrees that this Agreement may not be transferred or otherwise assigned without the prior written consent of Epicure and/or Victorian Epicure Inc. The granting of such consent is at the sole discretion of Epicure and/or Victorian Epicure Inc.

XIV. ENFORCEMENT

The Independent Epicure Consultant understands and agrees that Epicure and/or Victorian Epicure Inc. will enforce this Agreement, and any violation of this Agreement may result in suspension or termination of the Agreement by Epicure, Epicure Selections^®, and/or Victorian Epicure Inc.

It is understood and agreed that any breach of this Agreement is likely to result in irreparable injury to Epicure and that the remedies at law alone will be an inadequate remedy for such breach, and that in addition to any other remedy it may have, Epicure shall be entitled to enforce the specific performance of this Agreement by the Independent Epicure Consultant and to seek both temporary and permanent injunctive relief (to the extent permitted by law or in equity) without the necessity of proving actual damages.
The Independent Epicure Consultant shall not assert any claim as a class, collective, or representative action if the amount of the Independent Epicure Consultant’s individual claim exceeds $1,000. This paragraph shall be enforceable where the applicable law permits reasonable class action waivers and shall have no effect where the applicable law prohibits class action waivers as a matter of law. In any case this class action waiver provision, as well as any other provision, is severable in the event any court finds it unenforceable or inapplicable in a particular case. The Independent Epicure Consultant agrees that class action claims are not arbitrable under any circumstances; but in the event a court of competent jurisdiction declines to certify a class, all individual plaintiffs shall resolve any and all remaining claims by way of individual arbitration.

XV. BENEFITS AND OBLIGATIONS

Save for the benefits of this Agreement which are personal to the Independent Epicure Consultant, this Agreement is binding on the heirs and successors in interest of the Independent Epicure Consultant.

XVI. INTERPRETATION

This Agreement shall be governed by and construed in accordance with the Laws of the Province of British Columbia, and the Laws of Canada applicable therein, and the Independent Epicure Consultant hereby elects his domicile in the judicial district of Victoria, British Columbia, Canada, for any matter referred to the Courts in relation to this Agreement.

If any provisions of this Agreement or its application to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of this Agreement, and to this end the provisions of this Agreement are declared to be severable.

For the purposes of this Agreement, masculine equals feminine.

XVII. LANGUAGE

The parties hereto have mutually agreed to the use of the English language in the present Agreement and for all other accessory agreements, annexes and notices relating thereto.

XVIII. 60-DAY CANCELLATION POLICY

The Independent Epicure Consultant may CANCEL this transaction within SIXTY (60) BUSINESS DAYS from the above date. To cancel this transaction, mail, fax, or deliver a signed and dated copy of this Cancellation Notice or any other written notice to 10555 West Saanich Rd., North Saanich, BC, V8L 6A8, NO LATER THAN 11:59 PM (PT) on the sixtieth (60th) day following the Agreement Date set forth above. The Independent Epicure Consultant may also terminate this Agreement at any time in the manner above.

XIX. LIMITED BUY-BACK GUARANTEE

Upon cancellation of this transaction or termination of this Agreement, Epicure will buy back any commercially re-saleable goods (“eligible products”) purchased by the Independent Epicure Consultant under this Agreement, subject to a 10% restocking fee. As a condition precedent to the buy-back guarantee, the Independent Epicure Consultant shall be required to return his eligible products to Epicure by pre-paid postage and in substantially as good condition as when received, within 15 days following the cancellation of this transaction or termination of this Agreement. To exercise the buy-back guarantee, the Independent Epicure Consultant must send the eligible products, with signed and dated written notice to Epicure, to the address above within the prescribed time. Eligible products do not include goods purchased in a Career Kit, unless the buy-back guarantee is exercised within 60 days of the original purchase date of the Career Kit.

Epicure reserves the right to change, modify, or cancel any incentive program, career opportunity, or compensation structure described throughout Epicure publications at any time and at its sole discretion.