Policies and Procedures
CHEWS-4-HEALTH INC. POLICIES & PROCEDURES:
T a b l e o f C o n t e n t s
I. General
II. Purpose of Policies & Procedures
A. Ethics Compliance and Applicable Laws
B. Amendments to the Application, Terms Conditions, and Policies & Procedures
C. Delays
D. Provisions Severable
E. Ownership of Data Base and Customer Information
F. Ownership Limited Use of Data Base Information by Team Members ("Team Member" Genealogy)
G. Prohibition Against Soliciting Team Members and Customers.
H. Prohibition against Reverse Engineering of Company Products
I. Limited Use "License" Of Chews-4-Health Inc. Genealogy Software and Other Company Materials
J. Prohibition on Using Company Email System, etc.
K. Spamming Prohibited
L. Prohibited Team Member Interaction with Chews-4-Health Employees
III. Confidential Information/Non-Disclosure
IV. Ethical Guidelines
V. Indemnity Agreement
VI. Application Process
VII. Eligibility Requirements
A. Minimum Age Requirement
B. Tax Identification Numbers
C. Double Distributorships
D. Partnerships, Corporations and Trusts
E. No Product Purchase Required
F. Company Contact
G. Appointment Related Businesses.
H. Independent Health Food Stores
VIII. Changes in Distributorship Status
A. Marriage
B. Death
C. Divorce
D. Dissolution of Corporations or Partnerships
E. Sales or Transfers
F. Team Member Information Changes
IX. Team Member Information and Responsibilities.
A. Tax Reporting
B. Team Membership Renewals
C. Team Member MasterCard/Debit Cards
D.Team Members/Distributors/Contractors
E. Representations Made by Team Members
F. Income Claims
G. Prohibition against Transferring/Shipping
Chews-4-Health Products across U.S. / Canadian Border
H. Disciplinary Actions
X. Having a Support Agent
A. Being a Support Agent
B. Prohibition Against Promoting Other Products
C. Prohibition Against Selling/Sponsoring Products in Other Countries
D. Assignment of Leads
XI. Inventory
A. Inventory Loading Prohibited
B. Labeling, Packaging, or Tampering with Products
C. Pricing and Availability
D. Company's Right to Advertise and Direct Market its Products
E. Credit Card Usage By Team Members
XII. Product Orders
A. Ordering Procedures
B. Payment Processing
XIII. Convenience Pack Program
A. The Convenience Pack Program (AutoShip)
1. Match Two Infinity Bonus
B. Enrollment
C. Agreement
D. Payment Procedures
E. Retail Center
XIV. Team Member and Retail Customer Product Guarantee
XV. Retail Customer Program
A. Definition of a Retail Customer
B. Sales Verification
C. Retail Sales Receipts
D. Retail Returns
XVI. Basic Team Member Program
A. Definition of a Retail Customer and Team Member
B. Constant Contact
C. Large Bulk Shipping Program.
XVII. Customer and Team Member Return Policy
A. Return Authorization
B. Returns
C. Errors in Preferred Customer Shipment
D. Team Member Returns
E. Team Member Empty Box Buy-Back Policy
F. Commission & Bonus Reversals (All Returns)
G. Other Reasons for Returns
XVIII. Bonuses, Advancements, & Commissions
A. Chews Volume (CV)
B. Chews Volume Reversals
C. Prizes
D. Transferring CV
Under "Two Infinity" business structure
FOLLOWING SECTION (E-F) APPLICABLE ONLY TO QUALIFIED, BASIC TEAM MEMBERS AND 'TWO INFINITY' BUSINESS PLAN:
E. Bonuses, Commissions and Retail Profits
F. Team Member Requirements
1. Getting Activated
2. Getting Qualified
3. Choose Your PayCheck
4. Definition of "Active Team Member"
5. Ongoing Minimum Requirements
6. Convenience Pack (Autoship) Program Benefits.
G. Commissions
H. Automatic Annual Renewal
I. Non Flushing/Banked Volume
NOTE: SUBSEQUENT SECTIONS APPLY TO BOTH "TWO-INFINITY" BUSINESS PLAN & "NATIONAL CO-OP MARKETING PROGRAM"
XIX. Publicity Specifications
A. Governmental Representations
B. Privacy Policy
C. Trademarks, Logos, Product Names, Domain Names and Other Intellectual Property
D. Advertising
E. Literature and Sales Aids
F. Television and Radio
G. Internet/World Wide Web Pages
H. Personal Appearances
I. Telephone
J. Faxes
K. Telephone Solicitation
L. Trade Shows and Fairs
M. Inquiries from the Media
N. Medical Claims and Product Testimonials
XX. Conduct and Obligations
A. Adherence to Policies & Procedures
B. Violations of Policies & Procedures
C. Disciplinary Measures
D. Suspension
E. Termination
F. Voluntary Termination ("Resignation Notice")
XXI. Insurance
XXII. Non-Performance Clause
XXIII. Non-Waiver of Policies & Procedures
XXIV. Amendments
XXV. Food and Drug Laws, Advertising Laws.
XXVI. Dispute Resolution Procedures
XXVII. Team Membership Feedback
G. Company’s right to refuse Team Membership
I. General
This "Chews-4-Health Team Member Policies and Procedures" (the Policies & Procedures"), is a primary legal document, that along with the other documents that comprise the "Agreement," as defined below, sets out the legal and business relationship between each Chews-4-Health distributor (known as "Team Member") with Chews-4-Health Inc. (the "Company").
Each Team Member is responsible for reading, understanding and fully complying with all of the terms and conditions of the Policies & Procedures, and as may be changed, amended or modified (collectively, "changed" and "changes") from time to time, regardless of whether the Company provides notice of changes. The Company may make such changes to the Policies & Procedures as it deems necessary. When the Company makes changes to the Policies and Procedures and posts them on the Company website, each Team Member is immediately and automatically bound by such changes and is deemed to have received actual legal notice of such changes immediately on their posting online. Team Members therefore should familiarize themselves and are required to fully comply with all of the current Company Policies & Procedures. It is the responsibility of each Team Member to frequently read and understand the Policies & Procedures to ensure compliance under the most current version. Each Support Agent is responsible for ensuring that his or her Team Members read and understand the most current version of the Policies & Procedures. The Company requires each and every Support Agent adheres to all relevant statutes, laws, regulations, and ordinances and each provision of this Agreement. The Company reserves the right to take any and all actions that are deemed necessary to determine and ensure compliance by each Support Agent and Team Member with these Policies & Procedures.
As used in the Policies & Procedures, the following terms have the following meanings:
1. "Organization": Team Members directly under you in your genealogy. All Team Members you sign up or that are enrolled under you are considered your organization.
2. "Support Agent": A person who enrolls a Team Member or has one assigned to them is termed a "Support Agent" as defined in these Policies & Procedures.
3. "Basic Team Member" (BTM): A person who has purchased a Value Pack or Economy Pack and is entitled to purchase the product at a wholesale price with no monthly qualifications. A Basic Team Member will receive a free corporate web site and be given access to the Chews-4-Health back-office but is not entitled to any bonuses, commissions or dividends from any of the Chews-4-Health Inc. business building programs. A BTM can generate RETAIL sales commissions on their corporate web site and personal purchases.
4. "Qualified Team Member" (QTM): Any person who purchases the Value Pack or Economy Pack and goes on the monthly Convenience Pack (Autoship) Program [See Section XIII. A] is considered a Qualified Team Member. A QTM will receive a free corporate web site, marketing materials and are entitled to receive earned commissions and bonuses as long as they remain on the Convenience Pack Program. They are also required to have one personally enrolled team member from Team A and B that generate a minimum of 20 Chews Volume (CV) per month, which is just 1 box of product or 1 box of samples.
5. "Company Products": the products offered for marketing and sale by the Company.
II. Purpose of Policies & Procedures
These Policies & Procedures in their present form and as changed from time to time, is incorporated into, and forms an integral part of the agreement between the Company and each Team Member. Whenever the term "Agreement" is used in these Policies & Procedures, it refers collectively to the following documents: the Team Member Application, the Terms & Conditions, the Policies & Procedures, and the Two-Infinity Business Structure. These documents are incorporated by reference into the Agreement all in their current form, as amended from time to time by the Company.
You hereby acknowledge and agree that your submission to the Company of a Team Member Application, either by facsimile, email, online, or through the postal services, or by any other means, shall constitute conclusive evidence of your unconditional acceptance of the terms and conditions of the Agreement and your agreement to be bound by all of such terms and conditions.
Each new version of the Policies & Procedures completely replaces and extinguishes the prior version. By clicking "I Agree" in the Terms and Conditions section of the Distributor Agreement, or by placing any product orders with the Company, or receiving any payment under any Company compensation plan, or by using any Company software or web site, you are agreeing to be bound by all terms and conditions of each new version of the Policies & Procedures while you are a Chews-4-Health Team Member. All Team Members shall be bound by all of the terms and conditions of the version of the Policies and Procedures that is posted online at the time of the termination, suspension or resignation of the Team Member. The voluntary or involuntary termination of a Team Member's distributorship with the Company results in the automatic and immediate termination of this Agreement, and the termination of this Agreement results in the automatic and immediate termination of a Team Member's distributorship with the Company.
A. Ethics Compliance and Applicable Laws
The Company requires its Team Members to conduct themselves with the highest ethics and integrity. If a question arises regarding the propriety of a Team Member's current or past conduct, which conduct might reflect negatively on the Company or present a potential danger to other Team Members or the Company, the Company shall be notified immediately so that appropriate action in the sole discretion of the Company may be taken.
Each Team Member shall abide by all federal, state, county and local laws, regulations and ordinances and shall conduct the Company business with the utmost integrity and honesty. The making of false or misleading statements regarding the Company, or its products, services, employees, or officers or regarding other Team Members shall be grounds for immediate termination by the Company of the relationship between the Company and the Team
Member, and the Company shall be entitled to all remedies available to it in law and in equity available to it from the breach by a Team Member of this condition.
B. Changes to the Application, Terms Conditions, and Policies & Procedures
Because federal, state, international, and local laws, as well as the business environment, periodically change, the Company reserves the right, in its sole and absolute discretion, to change the Agreement from time to time. All changes to the Agreement shall be deemed effective as of the moment of the posting of the changed version on the Company website. Notification of changes may be posted on the Company web site (at www.chews4health.com) for immediate access by all Team Members and prospective Team Members. The Company, however, is not obligated to notify Team Members of any such changes or the postings thereof, and therefore each change shall be effective when posted even if the Company does not notify you of the change. You acknowledge and agree to the Company's right to change the Agreement, acknowledge your responsibility to regularly and carefully monitor the Agreement as posted on the Company website, and agree to be bound by all changes to the Agreement.
Continued activity in the Company by a Team Member after the Company has posted any change or notice of change, or the acceptance of any compensation under any Company Program, including bonuses or commissions, or by using any Company software or web site, also constitutes actual notice and acceptance of any and all changes.
C. Delays
The Company shall not be responsible for any delays or failures in performance of its duties under the Agreement caused directly or indirectly by circumstances beyond the reasonable control of the Company, such as but not limited to, third party delays (such as delays by product manufacturers in making or delivering product), product recalls, transportation or other shipping or delivery delays, strikes, labor unrest, civil disturbance, war, fire, floods, death, natural disasters, computer errors or failure, the negligence or intentional acts of persons not within the Company's control, curtailment of source of supply or company's inability to obtain raw materials, product or packaging, and governmental decrees or orders. You acknowledge and agree that the Company accordingly does not guarantee and shall have no liability of any kind for any delays in shipping or delivering products or making compensation payments, commencing new marketing programs, giving approvals, or completing any other performance. You hereby waive all rights to commence or maintain any legal action against the Company for any delays in regard to the Company's business, regardless of duration or cause of such delays, and despite whatever economic losses or damages to you or other Team Members as a result from such delays.
D. Provisions Severable
If any provision of the Agreement, in its current form or as it may be changed, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement. A court of competent jurisdiction shall have the right and authority to strike any such invalid portion and to construe and enforce the remaining provisions.
E. Company Ownership of Organization, Genealogy and Customer Information
All Team Members acknowledge Company's sole and exclusive ownership of all of the identities, addresses, telephone numbers, email addresses and all other contact and personal information of all Team Members and customers in all Organizations (collectively, "Organization Information"), and that all such Organization Information is proprietary and confidential to the Company. Each Team Member waives his or her right to use any Organization Information for contacting Team Members or customers for any purpose other than approved Chews-4-Health Inc. business. The sole exceptions to the foregoing is that a Team Member has the right to contact any Team Member or customer that was identified to Chews-4-Health Inc. in the initial application by a new Team Member as being a "pre-existing personal contact" of that Team Member prior to his or her joining Chews-4-Health Inc. or, in the case of Team Members who have submitted an Application prior to the effective date of this version of the Policies & Procedures can prove that any such person was a friend, family member or prior customer of that Team Member (collectively, a "Pre-existing Contact").
F. Limited Use of Organization Information by Team Members ("Organization" Genealogy); Prohibition of Use on Termination, Resignation or Suspension
Team Members have no rights of any kind in any Organization Information except as provided in this Agreement. Specifically, Team Members are only granted a limited, non-exclusive, revocable license and permission to use the Company's proprietary Organization Information solely during the duration of their business relationship with Company and only for Company-related business. This limited license and permission terminates immediately with the voluntary or involuntary termination of a Team Member or upon suspension of that Team Member. A Chews-4-Health Inc. Team Member does not have the right to make copies of any pages of any online "office" made available by the Company to the Team Member. In no event may any terminated Team Member (whether voluntarily or involuntarily terminated) or any customer have or take possession or custody of, or use for any purpose any Organization Information. Under no circumstances shall a Team Member have a right to contact any Chews-4-Health Inc. Team Members to recruit, register or join in any competitive multi-level marketing or direct selling company following the voluntary or involuntary termination of the Team Member from the Company. You hereby acknowledge that your engaging in any of the unauthorized activities described in this subparagraph shall cause damage and immediate irreparable harm to the Company. You agree that such a violation shall entitle the company to be awarded injunctive relief against such activity. All of the terms and conditions of this subparagraph shall survive the termination of this Agreement for any reason.
G. Prohibition Against Soliciting Team Members and Customers.
Team Members are prohibited from soliciting or communicating with any other Team Members or customer of Chews-4-Health Inc. products for any commercial purpose that may or does compete with Chews4Heatlh for a period of six months following the involuntary or voluntary termination of their distributorships, unless such person(s) contacted were "Pre-existing contacts" as defined in this Agreement. Further, Chews-4 Health Team Members are expressly prohibited from contacting any Organization Team Members for purposes of soliciting them to buy or sell other companies' products or services or to recruit for or to notify them about participation in any other business or marketing program for a business that is competitive with Company, and regardless of the type of product or service offered. You hereby acknowledge and agree that any violation by you of any of these prohibitions shall be deemed, inter alia, intentional trade secret misappropriation and conversion, and unfair competition with the Company as well as an intentional tortious interference with the Company's business relationships with its distributors and customers. You agree that any such violation shall entitle the Company to be awarded immediate injunctive relief against such unlawful activity, without the necessity of the Company's having to post a bond, in federal or state court, and to obtain all other available legal and equitable remedies. You hereby acknowledge that your engaging in any of the unauthorized activities described in this subparagraph shall cause damage and immediate irreparable harm to the Company. All of the terms and conditions of this subparagraph shall survive the termination of this Agreement for any reason.
H. Prohibition Against Reverse Engineering of Company Products
Team Members acknowledge and agree that the recipes and formulations of Company Products are valuable trade secrets of the Company. Accordingly, you acknowledge and agree that you shall not reverse engineer, directly or indirectly, any Company product. You also hereby acknowledge that your engaging in any of unauthorized activities described in this subparagraph shall cause damage and immediate irreparable harm to the Company. All of the terms and conditions of this subparagraph shall survive the termination of this Agreement for any reason.
I. Limited Use "License" Of Chews-4-Health Inc. Genealogy Software and Other Company Materials
The Company's software programs, all genealogy and other reports, all Company website content and software, and all Company marketing, promotional and other business-related materials, in whatever media or form, and any and all other materials that are "original works of authorship" as defined under US and international copyright laws now or later in existence, are all protected by Copyright and other laws throughout the world ("Company Materials"). Team Members have no rights of any kind in such Company Materials except as permitted under this Agreement, namely the limited, non-exclusive, revocable license and permission to use such Company Materials for Company-related business during the time the Team Member is an authorized Team Member. The foregoing license and permission terminates immediately upon the voluntary or involuntary termination of this Agreement for any reason. No Team Member can use the Company electronic back offices ("Chews-4-Wealth" section) or other software unless he or she has first registered with the Company to use and access such software. All information contained or entered into the Company's software or hosted system, including into any back-office, shall become the sole and exclusive property of Company, including all Organization Information. You acknowledge and agree that all Company Materials are the sole and exclusive property of the Company. You shall use your best efforts to protect and keep confidential any and all Organization Information and other Company proprietary information and trade secrets used by you, and your employees, and/or support agents and your Organization Team Members. You agree that all of the terms and conditions of this subparagraph shall survive the termination of this Agreement for any reason.
J. Prohibition on Using Company Email System, etc.
Team Members shall not use the Company's email system, back-office, or any other company system, software, or communication process or system to promote the products or services of any other company or to solicit other Team Members to sell or market any other company's products or services to join another company's compensation program or for any other purpose not expressly authorized by the Company. You agree to the foregoing prohibition. You further agree that any violation of any of the foregoing terms and conditions shall entitle the Company to be awarded immediate injunctive relief against such unlawful activity, without the necessity of the Company's having to post a bond, in federal or state court, and to obtain all other available legal and equitable remedies. You hereby acknowledge and agree that your engaging in any of the unauthorized activities described in this subparagraph shall cause damage and immediate irreparable harm to the Company. All of the terms and conditions of this subparagraph shall survive the termination of this Agreement for any reason.
K. Spamming Prohibited
The unauthorized distribution or transmission of any non-Company information or other content to any Team Member or customer by a Team Member, or any distribution or transmission of any content or Organization Information or Company Material by a former Team Member to anyone, including any Team Member or customer shall constitute illegal spamming and shall be actionable by the Company under federal or state criminal and civil anti-spam statutes and other relevant laws and shall subject the person sending such spam to all penalties available for said violations, including termination. Company shall have the right to charge the offending distributor Team Member or former distributor Team Member with damages in the amount of One thousand dollars ($1,000.00) per offense per spam message sent, in addition to the right to seek any and all other legal and equitable remedies available for such violation. Any violation of any of the foregoing terms and conditions shall entitle the Company to be awarded immediate injunctive relief against such unlawful activity, without the necessity of the Company's having to post a bond, in federal or state court, and to obtain all other available legal and equitable remedies. You hereby acknowledge that your engaging in any of the unauthorized activities described in this subparagraph shall cause damage and immediate irreparable harm to the Company. All of the terms and conditions of this subparagraph shall survive the termination of this Agreement for any reason.
L. Prohibited Team Member Interaction with Chews-4-Health Inc. Employees
While Chews-4-Health Inc. desires that its Team Members and Company employees enjoy a cordial, professional relationship, it is an obligation on the part of Team Members to avoid creating any actual or potential conflict of interest between Company employees and the Company through improper gratuities or other social interaction between those employees and the Team Member. Any violation of these rules by a Team Member subjects that Team Member to immediate termination of their Distributorship.
As such Team Members must refrain from:
i. Providing any gratuities, courtesies or gifts in any form whatsoever to Company employees, including providing Company employees with product discounts.
ii. Soliciting employees, their family or friends into their Chews-4-Health Inc. distributor Organizations or as customers.
iii. Offering employment with their Chews-4-Health Inc. business or other family business.
III. Confidential Information/Non-Disclosure
The Company will supply limited and proprietary data processing and reporting information to Team Members regarding sales occurring in their personal Organization only. The Team Member agrees that all such information, including all Organization Information and all Company Materials identified as being "confidential," is proprietary and confidential to the Company, and it is transmitted to the Team Member in confidence, for the sole purpose of assisting the Team Member in building his or her Chews-4-Health Inc. ("Company Confidential Information"). You acknowledge that the use of the term "your business" or similar terminology is a term of art and does not result in the granting to you of any rights in any Company Materials, Organization Information or any other Company property. You agree that you shall not disclose any Company Confidential Information, whether or not received initially from the Company, to any other person, firm, entity, or corporation, or use any Company Confidential Information for any unapproved purpose. Team Members retain no right to possess or use any such Company Confidential Information for any reason following the termination of this Agreement for any reason. Genealogy reports, Organization Information, Company Confidential Information and/or mailing labels are released to the Team Members only for supporting their Chews-4-Health Inc. business during their active distributorship. Team Members agree to destroy all materials containing Company Confidential Information in their possession, custody or control, including all Organization Information immediately following termination of their distributorships. You hereby agree to the terms of confidentiality in these Policies & Procedures, and agree to fully comply with your ethical obligations, which include respecting the wishes of Organization leaders with respect to communications with their individual Organization members. Any Team Member found to be in violation of these rules is subject to suspension and termination. Any violation of any of the foregoing terms and conditions shall entitle the Company to be awarded immediate injunctive relief against such unlawful activity, without any necessity of the Company's posting a bond, in federal or state court, in addition to all other legal and equitable remedies. Each Team Member hereby acknowledges that his or her engaging in any of unauthorized activities described in this subparagraph shall cause damage and immediate irreparable harm to the Company. All of the terms and conditions of this subparagraph shall survive the termination of this Agreement for any reason.
IV. Ethical Guidelines
As a Team Member of Chews-4-Health Inc., you agree to conduct business according to the following ethical guidelines:
a. I will honor the Company Team Member guarantee with all of my customers.
b. I will be fair and honest in all my transactions as a Company Team Member, and will earn my bonuses and/or commissions while adhering to ethical practices which include, but, are not limited to:
i. Customer/Team Member product orders will be placed on the account designated for that Customer/Team Member only;
ii. New Team Members will be fully educated by their Support Agent on the rules governing Distributorship, including the Policies and Procedures/Terms and Conditions, and how they apply to Team Member Distributors; and
iii. Team Member applications will contain accurate information regarding the New Team Member, including a valid Tax ID Number, phone number, and E-Mail address.
c. I will make NO representations or statements regarding the nature or efficacy for any of the Company Products if such statements are not contained in official Company literature. This includes non compliant claims that the product "cures, treats, prevents or is used to diagnose any diseases."
d. I will not make specific or potential income claims, representations, or projections.
e. I will emphasize that the financial success of the Company Team Member depends upon that Team Member's individual effort, dedication, and the training and the supervision that a Team Member provides to his or her Organization.
f. I will be polite and respectful to everyone I contact regarding my business and the Company products, as to enhance the positive reputation of the Company.
g. I will become familiar with, and abide by, the Agreement, as well as all relevant local, state, provincial and federal statutes, rules and regulations.
h. I will fulfill my leadership duties as a Support Agent, including training and supporting the Team Members in my Organization.
i. I have had NO prior charges of conduct involving moral turpitude lodged against me. In the event that an alleged violation of any of these guidelines by you is brought to the attention of the Company and is confirmed, disciplinary action may include, but, is not limited to suspension and/or subsequent termination as outlined in Section XX "Conduct and Obligations" hereof.
V. Indemnity Agreement
Team Members shall safeguard and promote the positive reputation of the Company and its products, and shall refrain from any conduct that might be harmful to such reputations throughout the entire duration of their relationship with the Company. Team Members shall avoid all discourteous, deceptive, misleading, unethical, and immoral conduct or practices while in association with the Company and its products. Team Members found to be engaged in such practices will be subject to disciplinary action, including termination of their Distributorship, and shall be liable for any and all resulting damage to the Company. You agree to hold harmless and indemnify the Company for any claims, damages, or liabilities arising out of the Team Member's business practices, representations, advertising, or actions that create any liability for the Company, whether civil or criminal, including regulatory or government fines or penalties.
VI. Application Process
To become a Team Member an applicant is required to complete a Team Member Application and Agreement form in its entirety. The Application and Agreement form must be filled out accurately and completely. You may register to become a Team Member with the Company as follows:
1. By calling the Company order line (1 800-918-6778), completing a Team Member Application online through the Company web site: www.Chews4Health.com, or simply by faxing (1 800-918-6778) or mailing in a Team Member Application to the Corporate Office at: 3208 Pennington Drive Wilmington, NC 28405
2. By completing a Team Member Application online through the Company web site: www.Chews4Health.com.
A prospective Team Member cannot participate in the Company marketing plan or receive any commissions or bonuses until an Application has been submitted and accepted by the Company.
As part of the application process you have the right to choose a Support Agent. In doing so, certain professional courtesy rules apply. Please read Section X thoroughly regarding the right to choose your Support Agent and professional courtesy. Please note that Team Members are NOT PERMITTED OR ALLOWED TO CHANGE THEIR POSITION IN THE TWO-INFINITY BUSINESS STRUCTURE GENEALOGY FOR ANY REASON WHATSOEVER AT ANY TIME. This applies individually, exclusively, and independently to all Team Member's distributorships enrolled in the "Two-Infinity" business plan.
VII. Eligibility Requirements
A. Minimum Age Requirement
All Company Team Members must be of the legal age of majority in their state or province of residence.
B. Tax Identification Numbers
All Team Members applying as individuals are required to submit, for tax reporting purposes, their Social Security Number (SSN). If a Team Member is applying as a business, the Federal Tax Identification Number must be used. If a Team Member does not supply the proper tax reporting information, his/her commission and bonus checks will not be paid. All year end Form 1099s and T-4s will be issued in the name of the Team Member. If the Team Member prefers that the Form be issued in an entity name, the Team Member must provide the Company corporate office with the appropriate legal documentation to support the existence and good standing of the entity and the Team Member's affiliation with the entity. Such documentation must be submitted to Chews-4-Health Inc. Distributor Services at:3208 Pennington Drive Wilmington, NC 28405, prior to the last day of the reporting calendar year end.
C. Double Distributorships
Team Members are allowed to have only one distributorship per Tax ID or per Social Security Number. This applies whether the Distributorship is held as an individual, partnership, or corporation. The Company reserves the right to terminate both Distributorships if the prohibition against double Distributorship is violated. (See exception in Section VIIIA - Marriage).
D. Partnerships, Corporations and Trusts
If an applicant prefers to apply as a corporation or partnership, the Company must receive a copy of the articles of incorporation or partnership agreement, including the FED ID # or SSN and a signed Application and Agreement for each partner, shareholder, director, and/or officer involved in the corporation or partnership. The corporation or partnership must disclose all general and limited partners, directors, officers, and/or shareholders. A partner in any such entity cannot have an interest in any Organization other than the Organization of the applying corporation or partnership. All such legal documentation must be included with the original Application and Agreement. The Company in its sole discretion may request additional supporting documentation. The Application and Agreement will not be processed without the submission of all required documentation. Each partner, director, shareholder, or officer of an applicant entity must agree to be personally bound by the Agreement in its entirety.
E. Start Up Requirements and Conditions
Team Member's customers can call and place orders online. In order for customers to purchase product at a wholesale price, they must purchase either an Economy Pack or a Value Pack.
Economy Pack only $89.90 includes:
- 2 boxes of Chews-4-Health product/samples
- 25 FREE brochures
- A beautiful, full-color display box for samples and professional sales aids
- A FREE one-year membership qualifying you to purchase products at wholesale
- Participation in the “Two-Infinity” compensation plan. (See “Qualifications”)
- An official, personalized Chews-4-Health website. This virtual “office” works for you 24 hours a day, 7 days a week, allowing people to buy products and/or sign up to become Team Members and distribute the product. You receive commissions for all sales that take place on your web site, even while you sleep!
- Adds 50 CV towards your commissionable volume
- Qualifies for 8% commission in the Two-Infinity Business Structure for the first 30 days until your next order is due.
Value Pack only $179.80 includes:
- 4 boxes of Chews-4-Health product
- 1 FREE box of samples
- 25 FREE brochures
- A beautiful, full-color display box for samples and professional sales aids
- A FREE one-year membership qualifying you to purchase products at wholesale
- Participation in the “Two-Infinity” compensation plan. (See “Qualifications”)
- An official, personalized Chews-4-Health website. This virtual “office” works for you 24 hours a day, 7 days a week, allowing people to buy products and/or sign up to become Team Members and distribute the product. You receive commissions for all sales that take place on your web site even while you sleep!
- Adds 100 CV towards your commissionable volume
- Qualifies for 12% commission in the Two-Infinity Business Structure for the first 30 days until your next order is due.
Once a customer purchases this initial Value Pack or Economy Pack, he/she is considered a "Team Member" and is now allowed to purchase the product at a wholesale price with no monthly qualification. A Team Member will not receive any Two-Infinity commissions, bonuses or dividends unless he becomes "commission qualified." Once a Team Member goes on the monthly Autoship (Convenience Pack) program (1, 3 or 6 boxes shipped to them per month) and has 1 qualified new Team Member in his left Team and Right Team that maintain just 20 monthly CV (that's just 1 box of product or 1 sample box), this means he is commission qualified.
A commission qualified Team Member can receive commissions and bonuses from the Two-Infinity business plan and other bonus plans introduced by the company. A Team Member may cancel his or her membership at anytime.
F. Company Contact
The Company shall have the absolute right to contact Team Members via email, facsimiles, postal mailings, or telephone relating to Company business. Each Team Member agrees to accept all such contacts by the Company. You acknowledge your agreement to accept all Company contacts during the duration of your Chews-4-Health Inc. distributorship and waive your right to refuse any such contacts or to interfere with or challenge the making of such contacts with any member of your organization. You also waive your right to interfere with or challenge any such contacts with you if you have voluntarily terminated your Distributorship without notifying the Company of your termination.
G. Appointment Related Businesses
Chews-4-Health Inc. allows Team Members to place Chews-4-Health Inc. products in appointment related businesses such as:
i. Clinics
ii. Doctor's Offices
iii. Gyms
iv. Hair Salons
v. Independent Health Food Stores
H. Independent Health Food Stores
In addition, to appointment related, Chews-4-Health Inc. allows Team Members to place Chews-4-Health products in independent "mom and pop" type Health Food stores for the retail sale and marketing of those products. Chews-4-Health Inc. reserves the right to prohibit placement of those products in any retail setting that is not compatible with Chews-4-Health Inc. ideals, compatibility with products or marketing objectives. Chews-4-Health Inc. believes the retail placement and sale of its products in independent "mom and pop" type Health Food stores will allow for increased exposure to Chews-4-Health Inc. products while still preserving the individual one to one presentation of the benefits of those products to consumers.
VIII. Changes in Distributorship Status
A. Marriage
As an exception to Double Distributorships, Section VII (D), if two (2) existing Team Members marry, they may maintain their existing Distributorships.
B. Death
Upon the death of a Team Member, the rights and responsibilities of that Distributorship are passed on to the rightful heir. To affect the transfer of the Distributorship, upon the death of a Team Member, the successor must provide the following to the Company:
i. A certified copy of the original death certificate;
ii. A certified copy of the court order or other instrument legally establishing the successor's right as the heir; and,
iii. A completed and executed Agreement and Team Member Application signed by the successor.
C. Divorce
Upon the divorce of a married couple sharing a Distributorship, a certified copy of the divorce decree must be provided to the Company Corporate office. The Company must be notified as to which party will assume ownership of the Distributorship as determined by a court of competent jurisdiction or by settlement. Under no circumstances will the Organization of divorcing spouses be divided. Similarly, under no circumstances will the Company split commissions and bonuses between divorcing/divorced spouses. The Company will recognize only one Team Organization and will pay out only one commission transaction per Distributorship per commission cycle. Commissions shall always be issued to the same individual. In the event that parties to a divorce are unable to resolve a dispute over the disposition of commissions and ownership of the Company business in a reasonable amount of time, as determinted by the Company, the Distributorship will be terminated.
i. If a former spouse has completely relinquished all rights in the original Company business, he or she is thereafter free to become a Team Member under any Sponsor of his or her choosing. In such case the party relinquishing an interest may reapply, as required by the Policies & Procedures, as a new Team Member and shall have no rights with respect to compensation or any other benefit relating to any Team Member of the original Compensation Organization.
D. Dissolution of Corporations or Partnerships
Upon the dissolution of a corporate Distributorship or a Distributorship that is a partnership, the ownership of that Distributorship will be transferred pursuant to the dissolution agreement among the shareholders or partners or upon receipt by the Company of an Order issued by a court of competent jurisdiction that directs how such ownership is to be allocated.
E. Sales or Transfers Prohibited
A Team Member may not sell, assign, or otherwise delegate or transfer his or her Distributorship or any Organization Information or other Company Confidential Information, or any Company Materials, or any Sponsor duties or responsibilities, or any other duties, obligations or performances under this Agreement, Any attempted transfer or delegation in violation of this provision shall be null and void.
F. Team Member Information Changes
Team Members are responsible for keeping all of his/her own personal information on his/her account current, including, but not limited to, residential and business address, name, phone, email address, and fax number. Team Members are required to log into their Back-Office and make the necessary changes to their Team Member information.
IX. Team Member Information and Responsibilities
A. Tax Reporting
US RESIDENTS ONLY: The Company will calculate, collect and report applicable sales tax on behalf of Team Members based on the suggested retail price and according to applicable tax rates in the taxing jurisdiction to which the products are shipped. In the event a Team Member indicates to the Company at the time an order is placed that the Team Member is purchasing products for his/her own use, the Company will calculate, collect and report applicable use tax amounts based on the discounted price the Team Member actually pays for such products. In the event a Team Member has submitted, and the Company has accepted, a current Sales Tax Exemption Certificate, sales tax will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities will be the responsibility of the Team Member. There will be no retroactive exemptions if the proper forms are not received before any orders are placed. This Sales Tax Exemption Certificate must be sent in directly to the Company Corporate Office. Should a Team Member disagree with the Company's determination of taxes owed he/she must provide written notification of such dispute within thirty (30) days following receipt by the Team Member of the determination giving rise to the dispute. Such notice must be sent to the Company by certified mail, return receipt requested. The failure to follow this procedure shall result in a waiver of any right to dispute the determination. In no event shall the Company be liable for any mistake relating to the determination of sales tax, other than paying, if applicable, any additional taxes owed top the proper authority or crediting to the Team Member any amount that should not have been paid as taxes.
B. Team Member Renewals
Team Membership for the first year is free. After your first year, your membership may be renewed for a term of one (1) year for a fee of $30. This pays for hosting fees, auto-responders, personalized web sites and annual Chews-4-Health MasterCard/Debit Card processing fees. It also renews your membership to the "Chews-4-Wealth" back office. The Membership will expire if not renewed annually on or before the annual anniversary date of the Team Members date of sign up. Each Team Member must complete the renewal process not more than thirty (30) calendar days prior to their annual renewal date. A Team Member may renew by logging into his or her "Chews-4-Wealth" back office and selecting the renewal option or by calling Distributor Services. The renewal fee must be paid at the time of renewal by submitting payment through an acceptable form of bankcard. A Team Member who fails to renew by his or her registration date will be deemed for all purposes to have voluntarily terminated his/her Company Distributorship. Termination will result in the immediate and automatic loss of all rights under this Agreement, including the loss of all rights of the Support Agent to receive any compensation or bonuses of any kind, including any payouts or other accrued compensation or bonuses, or to contact any member of his/her Organization. The Organization of the terminating Team Member will be transferred to his or her Support Agent or otherwise as is decided upon by the Company in its sole discretion. If a Team Member decides to enroll back into the program after he/she has been purged from the system, the purchase of a Value Pack is required to reactivate distributorship.
C. Team Member Convenient Pay MasterCard/ Debit Cards
All qualified Team Members will receive a personalized Chews-4-Health MasterCard/Debit card
Chews-4-Health Convenient Pay MasterCard/Debit Card is a huge improvement over traditional paper checks. Unlike traditional check payments, which take a week or longer to receive in the mail and 5 to 10 days to clear, with the security and convenience of a MasterCard/Debit Card, you will have access to your funds immediately. Earned commissions are directly deposited into your Convenient Pay MasterCard/Debit card account every week and you can withdraw cash from ATM's at any bank branch or opt for unlimited free cash back transactions at millions of merchants worldwide (and avoid the hassle of cashing a paper check). Your Convenient Pay MasterCard/Debit Card can be used like a credit card or you can easily transfer funds into your own bank account.
No more waiting for the mail, wasting time running to the bank to pay a fee to cash your check or worse yet, using check cashing stores. Every week your money is deposited into your Chews-4-Health MasterCard/Debit Card account and accessed for FREE at over 24 million locations worldwide.
Chews-4-Health Convenient Pay MasterCard/Debit Cards offer:
Unlimited FREE MasterCard/Debit Card purchases.
Unlimited FREE PIN Debit purchases and 'cashback' at merchant locations (i.e. Wal-Mart, Safeway, Costco, etc.).
Eliminates expensive check cashing fees.
Real-time pay access.
FREE web based services including transaction inquiries & customer statements.
Online and mailed paper statements.
Access to funds 24 hours a day, 7 days a week, 365 days per year – not just during banking hours.
Optional card-to-account and account-to-card transfers.
Transfer money instantaneously to another pay card domestically or internationally .
The funds are FDIC insured.
PIN and MasterCard¨ protection from unauthorized purchases and lost cards.
24/7/365 multi-lingual support center to help cardholders with their account.
Lost and stolen cards are handled immediately by Card Support Center.
D. Team Members/Distributors/Contractors
All Company Team Members are independent contractors. They are not employees of the Company, partners, or agents of the Company, nor are they purchasers of a franchise or a business opportunity. The Agreement between the Company and its Team Members does not create an employer/employee relationship, agency, partnership, or joint venture, nor does this Distributorship Agreement, in any way, make the Company responsible for expenses incurred in the operation of that Team Member's business. Team Members shall not be treated as employees for services or for tax purposes. The Team Member agrees to indemnify and hold harmless, the Company, from any and all liability including civil penalties, refunds, judgments, attorneys fees', court costs, or lost business incurred as a result of a Team Member's unauthorized representations. No Team Member has the authority (express or implied), to bind the Company to any obligation. Team Members determine their own business hours and methods of marketing and sale, providing their business practices are in strict compliance with the Company Policies & Procedures. It is the Team Member's responsibility to understand and abide by the applicable laws governing business transactions in their country, state and province of domicile.
E. Representations Made by Team Members
Each Team Member will honestly and fairly represent the Company and its products and programs in all Company related activities, including the marketing and sale of Company Products and the solicitation of customers and new Team Members. Team Members are prohibited from misstating or omitting any significant material facts about the Company, or Company Products or programs.
Team Members shall make it clear that the Company programs are based upon the retail sales of the Company Products, and that an individual will not be successful by enrolling others without an emphasis on retail sales. All Team Members should emphasize that each Team Member operates as an independent contractor, and like any other independent business, each Team Member's success or failure depends on that Team Member's personal efforts. The Company does not guarantee its independent Team Members any particular income, profit, or success. Team Members are not permitted to make any false or misleading claims or statements about the Company or any Company Products or programs, or any Company employees or other Team Members. Any Team Members who violate any of the foregoing prohibitions shall be fully and solely liable for any damages, fines, penalties or other civil or criminal consequences of such actions, and shall indemnify and hold harmless the Company from any and all claims, investigations, damages, fines, penalties or other monetary consequences arising from such violations. Further, you agree that any violation of the prohibitions in this paragraph can result in the termination or suspension of your distributorship in addition to any and all other remedies available to the Company for your violation.
F. Income Claims
Each Team Member hereby acknowledges with respect to income potential or experience, whether actual or hypothetical, that Team Members shall not make any promise, guarantee, example, projection, or reference of any kind or any manner to any prospective Team Member in connection with participation in the Company Program. Further, each prospective Team Member hereby acknowledges that no one has made any promise, guaranty, example, projection, or reference of any kind or manner to the prospective Team Member with respect to the income potential or participation in the Company Program or that any individual or Entity will derive any specific income or profit as a Team Member.
In their enthusiasm to enroll prospective Team Members, Team Members may be tempted to make income claims, earnings representations, projections, or estimates to demonstrate the inherent power of the Two-Infinity Business Plan. This is counterproductive because new Team Members may become disappointed very quickly if their results are not as extensive or as rapid as the results achieved by others. Moreover, the U.S. Federal Trade Commission and several states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials. Although Team Members may believe it beneficial to provide copies of checks, or to disclose their earnings or the earnings of others, such acts have legal consequences that can negatively impact the Company as well as the Team Member making the claim, unless appropriate disclosures are made, as required by law, contemporaneously with the income claim or earnings representation. Because Team Members do not have the data necessary to comply with the legal requirements for making income claims, a Team Member, when presenting or discussing the Company Program or Two-Infinity Business Plan with a prospective Team Member, shall neither make income projections nor income claims of any kind or manner, nor disclose his or her Company income (including, but not limited to, the showing of checks, copies of checks, or bank statements), or otherwise refer to income potential of the Company business.
Accordingly, the making of income claims, examples, projections, or other references to income potential to a prospective Team Member may, in the sole and absolute discretion of the Company, result in termination of the Distributorship of the violating Team Member. Such termination will result in the full forfeiture of any commissions, bonuses, or other compensation or benefits, including payouts, otherwise payable or owed to the violating Team Member, as well as all other consequences of termination.
G. Prohibition against Transferring/Shipping Chews-4-Health Products across U.S. / Canadian and/or Mexican Border
Chews-4-Health Inc. Team Members are prohibited from shipping or transferring (mailing) Chews-4-Health Products across the United States/Canadian and/or United States/Mexican borders as it may violate the laws of both countries. This prohibition applies to Chews-4-Health Team Members either shipping or mailing product across the US-Canada and/or US-Mexican borders. The legal reasons for this prohibition are that Chews-4-Health Product labels and promotional materials are different in the United States from those in Canada and Mexico. Canadian, Mexican and US laws are substantively different in regard to product claims, product designations, product labels based on the different treatment of Chews-4-Health Inc. products in the US, Canada, and Mexico. Chews-4-Health Inc. products may eventually be packaged and sold in Canada and Mexico, but will not be meant for U.S distribution or sale to U.S. consumers. Similarly, U.S. packaged products may not meet the Mexican or Canadian Bilingual labeling requirements and are not meant to be sold in Mexico or Canada.
H. Disciplinary Actions
As a Company Team Member, you may be disciplined or terminated by the Company immediately if you violate any of the prohibitions set out in these Policies & Procedures. Grounds for such termination or other disciplinary action include, but are not limited to:
i. Misrepresenting the potential earnings or income or other benefits that can be derived from a Company Distributorship;
ii. Misrepresenting the volume of sales a person actually made or can potentially make through a Distributorship
iii. Selling or marketing the Company to others or making false or misleading claims about the Company or any of Company Products;
iv. Engaging in any activity prohibited under this Agreement;
v. Asserting a claim to any Company property, including any claim of ownership in any Company Materials, Organization Information, Company Confidential Information or other Company intellectual property;
vi. Violating any of the terms or conditions of this Agreement.
vii. Distributing or otherwise making representations of any kind, whether verbal or written, that imply, directly or indirectly, that employment with the Company is available;
viii. Making any false or misleading representation or omission of material fact in connection with the advertising, promoting, sale, or distribution of Company Products or in soliciting new Team Members;
ix. Failing to instruct all persons who are selling or marketing the Company distributorships or products to others, to submit to the Company for prior approval, copies of all advertising that they plan to publish in newspapers or other media to recruit others into joining the Company;
x. Making any disparaging statements or comments regarding the Company, its products, product ingredients, management, officers, or employees. Disparaging comments are comments or statements that place the Company or its products, employees, officers, directors or Team Members in a negative light.
CAUTION: Termination based on any of the foregoing grounds or for any reason whatsoever results in the forfeiture of all compensation, bonuses, or other benefits otherwise owed to or accrued by the terminated Team Member, and his/her waiver of any right to claim any such compensation, bonus or other benefit, and requires the immediate return to the Company of all commissions earned after the date of the first violation. The foregoing shall be in addition to any and all other consequences of termination,
X. Having a Support Agent
Every new applicant has the right to choose who will be his or her Support Agent.
Professional courtesy dictates that the prospective Team Member will be sponsored by the first Team Member who presented him or her with the complete Company business opportunity. If more than one Team Member claims to be the rightful sponsor, the Company shall honor the Support Agent identified in the original Application and Agreement first received by the Company Corporate office.
Team Members are NOT PERMITTED OR ALLOWED TO CHANGE THEIR SUPPORT AGENTS OR POSITIONS IN THEIR GENEALOGY FOR ANY REASON WHATSOEVER while maintaining the same Distributorship. This applies individually, exclusively, and independently to either of their distributorships under either the "Two-Infinity" Business Plan or "National Co-Op Marketing Plan."
A. Being a Support Agent
Team Members may enroll others into the Company network as new Team Members. This Support Agent has the responsibility of providing that person with sufficient training, support, and information about the Company's products and programs. Team Members are required to maintain continual contact with his or her organization and keep them informed about all changes and updates. Any Team Member that makes disparaging comments regarding the company, its products, or management shall have committed a terminable offense and be in violation of these Policies and Procedures.
B. Non-competition with the Company; Company Right to Change Business Model
The Company and its Team Members share a competitive business interest in maintaining the integrity of Company sales organizations, which was developed exclusively for the purpose of distributing products offered or marketed by the Company and compensating Team Members for marketing and selling Company Products . Accordingly, you agree not to compete directly or indirectly with the business of the Company or violate any confidentiality provisions of this Agreement in order to carry on a trade, business or profession that competes with the Company or to serve customers or clients of Company during a one year period following the voluntary or involuntary termination of that Team Member's Distributorship.
You also agree not to solicit any person whom you know or should have known is a Team Member of the Company to sell non-Company Products of any nature, or attempt to build or establish a business that would cause a detrimental effect or be at the expense of, or compete with other Company Team Members, their Company Organization, or the Company. You acknowledge that violation of any portion of this provision will cause significant and irreparable harm to active Team Members and the Company, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance and damages including costs, attorneys' fees and disgorgement of all profits made as a result of such unauthorized activity. All Team Member obligations under this provision shall survive and remain enforceable following the termination of that Team Member's distributorship. Notwithstanding the foregoing, the Company shall have the exclusive right to offer new business opportunities to all Team Members and to modify its business model. Company may engage in any direct advertising of its products and does not represent that it only markets and sells its products through Team Members.
C. Prohibition Against Selling Products in Other Countries
The Company hereby grants the Team Member a nonexclusive right based upon the terms and conditions contained in the Agreement to purchase inventory and to promote the Company Products only in the countries in which the Company operates and in which the Team Member is authorized to work. At this time, Team Members are only allowed to enroll new Team Members in the United States. Chews-4-Health, Inc. may open up its production and business to Canada and other countries. Until that time, the Company does not authorize the enrolling of any new Distributorship in any other country except the United States of America. A Team Member is not authorized to sell the Company Products in a country in which the Company is not authorized to do business. Team Members cannot sell or ship the Company Products to any countries other than the United States. Any sale or shipment to other countries shall constitute an unauthorized sale under the terms of this clause subjecting the responsible Team Member to immediate termination of his or her Company Distributorship.
D. Lead Generation Programs
The Company from time to time may operate a program that offers its Team Members the opportunity to purchase "qualified customer leads" at a nominal cost. The Company may generate these leads through a regional and/or national lead generation program intended to expand potential consumer awareness of the Company or its products and to aid its Team Members in expanding their Company customer base and/or Organizations. Regional and national TV/Radio spots sponsored by the Company may be run to offer introductory promotional product offers of Company Products to generate "hot leads" of new customers that have already sampled one of its products. When/if this takes place, additional details, terms and conditions will be posted in the back office of your Chews-4-Health Inc. web site.
XI. Inventory
A. Inventory Loading Prohibited
The Company is a corporation built on the quality of its products and their use by consumers. The Company does not require Team Members to maintain an inventory of products. Team Members are not permitted to purchase product quantities in excess of that necessary for personal use, retail sales, and to service the needs of Organization Team Members, and any purchasing in excess of these requirements (known as "inventory loading") is strictly prohibited. Team Members are prohibited from encouraging new Team Members to purchase products for the sole purpose of qualification. They are also prohibited from encouraging Team Members to engage in inventory loading.
In order to ensure no inventory loading is occurring:
i. Each Team Member wishing to receive commissions under the Company's marketing plan must have seventy percent (70%) of products previously purchased by that Team Member either sold to or consumed by end users that fifty-one percent (51%) of products previously purchased will be sold to consumers that are not Company distributors. You must keep accurate records and receipts of monthly sales to specific consumers. These records will be subject to inspection by the Company upon reasonable notice. Each order placed by a Team Member constitutes the Team Member's reaffirmation to the Company of the foregoing. Each Team Member acknowledges that the Company is relying on such guidelines in paying such Team member commissions.
ii. The Company will liberally apply its buy-back policy on the voluntary termination by the Team Member of his or her Distributorship, but the Company will not repurchase products or issue refunds on products certified as having been consumed or sold. Falsely representing the amount of product sold or consumed in order to advance in the marketing plan shall be grounds for termination. To discourage any Team Member from encouraging other Team Members to circumvent the inventory loading prohibition, the Company may charge back to a terminating Team Member's Support Agent any commissions, rebates, or bonuses paid on product returned from a terminating Team Member.
B. Labeling, Packaging, or Tampering with Products
Team Members must not tamper with or repackage any of the Company Products. Team Members are responsible for notifying the Company immediately of any tampering with or repackaging of Company Products. Any Team Member who is aware of such tampering, but fails to communicate this to the Company, may be subject to disciplinary action in conjunction with the alleged party at fault. Team Members may not re-label or repackage any the Company Products, sales aids, or Company Materials. Team Members may not sell any of Company Products in conjunction with the sale of any non-Company products or services.
C. Pricing and Availability
The Company reserves the right to change pricing, availability, and CV points of products and sales aids without prior notice. These changes usually will be communicated through communication with Support Agents. It is the responsibility of the Team Member to stay current on all updated information from their Support Agent and to communicate this information to their Organization.
D. Company's Right to Advertise and Direct Market its Products
Company reserves the right to directly advertise and market Company Products to consumers and to provide all sales leads generated from said direct sales in accordance with the provisions as set forth above. Team Members acknowledge that Company wishes to bring added product and company name recognition by this process and to facilitate the growth of the company and its sales which shall benefit the company and its distributor base. Team Members shall have no expectation that Company will only sell its products through Team Members, notwithstanding any statements made by the Company, Support Agents or other Team Members to the contrary.
E. Credit Card Usage by Team Members
Company will accept payment for Company Products orders by approved credit cards from Team Members and Preferred Members. Credit card payment shall only be accepted when the Team Member uses a credit card account listed under their name as "holder" of that account. Company strongly advises that Team Members not engage in the practice of "ordering" product on behalf of customers or other distributors. In the event of an emergency, a Team Member may place orders using customer credit cards but only if the Team Member complies with the following procedure: The Team Member placing the order must present by facsimile to Company, prior to placing such order, a notarized statement reflecting the following:
i. Statement from the credit card holder that they authorize the Team Member to place orders on their behalf.
ii. Notarized signature of the holder.
iii. Statement that this authorization is indefinite or that it expires on a specific date.
iv. Statement that the authorization is limited to a specific dollar amount (under Three hundred dollars $300.00)
XII. Product Orders
A. Ordering Procedures
i. Orders may be placed:
a. Via facsimile (1 800-918-6778), but must be paid by bank/credit card
b. Via online through the Company web site: www.Chews4Health.com
c. By calling the Company order line (1 800-918-6778)
d. By mailing to the Corporate Office: 3208 Pennington Drive Wilmington NC. 28405.
ii. Only orders accompanied by complete and accurate payment information will be processed. If payment is not received at the time of ordering, the order will not be processed.
iii. To maintain accuracy when faxing or phoning in an order, DO NOT mail in the original.
iv. Any copies received after a fax or phone transaction will be treated as new orders.
v. Each order must specify only one shipping address.
vi. DO NOT send cash with mail-in orders. The Company is not responsible and is not liable for any orders containing cash payments.
v. There may be a minimal processing fee added to each Team Member order that is faxed, mailed, and placed over the telephone. A minimal handling fee will also be charged for Team Members or Preferred Customers picking up their product from Corporate Headquarters.
vii. The Company reserves the right to make a 10% adjustment to any miscalculated order made by the Team Member on all bank or credit orders. A $5 adjustment will be made on any miscalculated order made by electronic check.
viii. The Company will not and cannot make adjustments to the amount on money orders or cashiers checks mailed into the Company. Therefore, if the total amount has been under calculated, the Team Member must make arrangements for the correct amount to be paid before the order can be entered.
ix. No orders will be processed until full payment has been received. Additional monies owing due to underpayment may be made by check, money order, cashier's check, or you may make payment directly through Distributor Services by an acceptable form of bank or credit card. In the case of an overpayment, a credit will be issued to Team Member's method of original payment.
x. A separate order must be placed for each Team Member order. Two or more Team Members may not combine orders on the same order form.
xi. If an order is received that is incomplete or incorrect in any way, it will not be processed. The Company will make every effort to contact the Team Member within three (3) calendar days; however, if contact is unsuccessful, the order will be returned by fax or mail and will not be processed for that month. It is the obligation of each Team Member to ensure that the order has been placed correctly. Company has no liability or responsibility for the consequences or liabilities for any delays in processing caused by an improper or incomplete or incorrect order.
B. Payment Processing
i. Team Members may make payment through an acceptable form of bankcard/credit card, money order, or cashiers checks. All payments must be made payable to "Chews-4-Health, Inc." The Company will not accept faxed copies of money orders or cashiers checks. DO NOT send cash.
ii. If a check or checks are returned to the Company for insufficient funds (NSF), the Company has the right to resubmit the insufficient funds check or checks without prior notice to Team Member until such checks are either honored by the Team Member or its banking institution. After three unsuccessful attempts to honor payment are made, the check may be turned over to a collection agency at the sole discretion of the Company. The Company's returned check fee is $25.00, in addition to the collection agency fees, if applicable.
A $25.00 NSF fee is also charged to Team Member for any rejected bankcard charges. If a Team Member has more than one (1) returned check, the Company will no longer accept checks from that Team Member. PLEASE NOTE: After the thirty (30) calendar days' notification period to a Team Member regarding an NSF, the Company has the right to deduct any outstanding NSF account balances from bonus checks due the Team Member.
iii. Orders placed by telephone and paid by bankcard will be recorded for the security of the Team Member, and to insure verification of receipt and accuracy of the orders.
XIII. Convenience Pack (Autoship) Program
A. The Convenience Pack Program
i. Convenience Pack Program is a monthly reorder program that allows Team Members to customize their order and have it automatically shipped to them every month. Once a Team Member purchases a Value Pack and goes on the convenience pack program and enrolls just 1 person in Team A and 1 person in Team B that maintain just 20 monthly CV (1 box of product or 1 sample box), they are considered "Active" and are now commission qualified, to infinity. This qualified Team Member now receives commissions and bonuses from the "Two-Infinity" Business Plan.
CONVENIENCE PACK (AUTOSHIP) PROGRAM:
** SINGLE PACK: $39 monthly
– 1 month supply (20 CV)
One box is automatically shipped each month (cost- $39.00). This entitles
you to a 4% commission in the "Two-Infinity" Business Plan. A sample box (24 count) can be substituted in place of a 1 month supply box and count toward your required auto ship.
**THREE PACK: $103.50 monthly
– 3 month supply (65 CV)
Three boxes are automatically shipped each month. Cost- $103.50 ($34.50 box). This entitles
you to an 8% commission in the Two-Infinity Business Plan. A sample
box (24 count) can be substituted in place of one or all of your 30 day supply boxes and count toward your
required auto ship. For example,
you could have 2 boxes and 1 sample box (24 ct) shipped each month.
**SIX PACK: $180 monthly –
6 month supply (135 CV)
Six boxes are automatically shipped each month. Your Cost- only $180.00 (only
$30/box). These six boxes have a retail value of $269! This entitles you to a 12%
commission in the "Two-Infinity" Business Plan. Sample boxes (24 count) can be substituted in place of one or all of your 30 day supply boxes
and count toward your required auto ship.
For example, you could have 3 boxes of product shipped and 3 boxes of
product samples. These sample packets can be sold individually or given away as
free samples to prospects.
Note: If not on the Convenience Pack Program, product can still be purchased at wholesale price.
ii. Matching Two Infinity Bonus
Matching Two Infinity bonus is a two-up bonus. IN ADDITION to the percentage you earn from the “Two Infinity” Structure, this matching bonus is another stream of income which gives Team Members a 6% match on their top two producers each week! This type of matching bonus is EXCLUSIVE to Chews-4-Health.
EXAMPLE: : Adam and Ben each make $5,000 for the week in commissions. YOU, as their enroller, would receive 6% of that $10,000, which totals $600 and the other 6% goes to YOUR enroller. After your top two, all other personally enrolled (#3,4,5, 6, etc.,) you receive a 12% match of their commissions for the week. Then, for your #3,4,5,6, etc., you will be paid 6% of their top two personally enrollee’s commissions for the week…..and 6% of their top two and 6% of their top two TO INFINITY!
iii. Shipping and processing of Convenience Pack (Autoship) Program orders takes approximately two to four (2-4) calendar days from the selected process date in most instances. The Company is not responsible for delay in orders.
B. Enrollment
You can enroll in the Convenience Pack Program on line at www.Chews4Health.com or by calling 1 800-918-6778. Product will be automatically shipped on a standing order basis to the enrolled Team Member regularly each month. The cost is automatically charged to a bankcard which has been designated by the Team Member. The Company will automatically administer all processing, shipping and handling charges to the designated bankcard. If Convenience Pack Program is cancelled, you may not re-enroll for sixty (60) calendar days from the date of cancellation.
C. Agreement
Convenience Pack (Autoship) agreements DO NOT under any circumstances supersede the Policies & Procedures established by the Company. The Convenience Pack Program agreement will be terminated or suspended immediately and without notice if a Team Member is found in violation of the Policies & Procedures. If a Convenience Pack Program agreement is terminated by the Company, the Team Member must receive written approval from the Company to establish another standing order under this program.
D. Payment Procedures
For any challenges with bankcard orders, an attempt to reprocess the order will be made once each day for two (2) consecutive calendar days using the bankcard information the Team Member provides. Upon the third day, the Company will attempt to contact the Team Member. If contact is not made, the Convenience Pack Program order will be cancelled without notice.
E. Retail Center
As a benefit of Distributorship, Team Members have access to a Company Retail Center. This enables you to sell product via an automated on line shopping cart, 24 hours per day, 7 days a week. A welcome letter and order confirmation letter will be sent on your behalf to all your customers. No set up fees will be charged for this service. Retail Center sites are subject to periodic review for content, verbiage and may be reviewed and updated at the company's discretion.
XIV. Team Member and Retail Customer Product Guarantee
The Company is confident in the quality of its products and believes strongly that its products will improve the health of others. It is because of this confidence that the Company provides a 60-day, 100% money-back guarantee to consumers who try the Company Products. Payments for promotional items and sales aids are nonrefundable and non-returnable, and are therefore, not subject to a money back guarantee.
XV. Retail Customer Program
A. Definition of a Retail Customer and Team Member
A retail customer is one who purchases product directly from a Team Member or from a basic or commission qualified Team Member. A non-commission qualified Team Member is one who has purchased a Value Pack or Economy Pack and is now entitled to purchase any additional orders at the wholesale price. A Basic Team Member is one that is not signed up for the Convenience Pack (Autoship) Program and will not be qualified to receive any bonuses, commissions or dividends in any of the Chews-4-Health business structures.
B. Sales Verification
All Team Members are required to keep a complete record of their retail sales, which may be audited upon notice by the Company. Each time a Team Member places an order, the Team Member warrants that he/she is in compliance with the Policies & Procedures, including, but not limited to, certifying by each order that seventy percent (70%) of products previously purchased by the Team Member have been sold or consumed by end users of the product.
C. Retail Sales Receipts
The Company requires each Team Member to provide retail customers with a written receipt for product purchased, a copy of which must become part of the personal record keeping by Team Members, and therefore; subject to an internal audit by the Company.
D. Retail Returns
As a retail customer, if you are dissatisfied in any way with our products, the products may be returned directly to the Team Member from whom the product was purchased. Promotional items and sales aids are nonrefundable and non-returnable, and are therefore are not subject to a money back guarantee. In the event of replacement of product purchases by Company based on errors committed by Company (such as shipping the wrong product, etc.) the Company will pay the shipping expense. In the event that customer or distributor's errors are responsible for the problem, Company will not reimburse or pay shipping costs. The following are the return and refund guidelines and procedures:
i. A request for return with the Team Member must be processed within sixty (60) calendar days of the date of purchase.
ii. Any unused portion of the product, including empty or nearly empty boxes, must be returned to the Team Member.
iii. Upon confirmation of return to the Team Member, a full refund of the product purchase price and the taxes paid will be refunded directly by the Team Member.
The Company is not responsible for monitoring the retail return or for any monies due the retail customer. The return arrangements are to be originated and completed exclusively between the retail customer and the Team Member. Shipping and handling costs are nonrefundable.
iv. The returned order must include the original packing slip, which was included at the time of shipment from the warehouse.
v. If the return requirements are not met, or the appropriate documentation as set out is not included with the returned product, the Team Member will not process the return for a refund.
XVI. Team Membership Program
A. Definition of a qualified Team Member
The purpose of the commission qualified Team Membership program is to help you provide a more economical way for your retail customers to purchase product and, at the same time, build volume into your "Two-Infinity" business. Once your customers have become established and are satisfied with the products, they may decide to register as qualified Team Members. The customer may sign up for the Team Membership program by calling Distributor Services directly, by registering through the Company web site, or by registering directly through the retail center of their Support Agent. Once a customer becomes an active Team Member, he/she will receive their own ID#, and all CV (chews volume) will be credited as personal volume to their Support Agent.
B. Constant Contact
Qualified Team Members are responsible for continuing communication with their Team A and Team B Team Members, as they will depend on you as their Support Agent for all updates, program enhancements, and procedural guideline changes that may be implemented. It is your duty as their Support Agent to keep them informed. Please refer to Section XA - Being a Support Agent.
C. LARGE BULK SHIPPING PROGRAM
Retail businesses like health food stores, gyms, doctors' offices, salons, that order a large amount of product each month are required to call distributor services and inquire about our large cost effective bulk order shipping program. The definition of large bulk orders is defined as: more than eight 6 packs per month (48 boxes of product.)
XVII. Basic Team Member and Qualified Team Member Return Policy
A. Return Authorization
Before returning anything to the Company, it is absolutely necessary to obtain a return authorization number (RA#). To get this RA#, call Distributor Services and they will provide you with one. Any merchandise returned without an RA# will be refused. This RA# must appear in bold print on the outside of all packages being returned. Make sure that the shipping documentation does not cover this number. As a safeguard, it is best to conspicuously print the RA# in several different places on the package(s) ensuring that the number is visible by the warehouse personnel.
B. Team Member Returns
All returns will be at the Team Member and customer's expense, and must be sent prepaid by a method of shipment, which can be traced by a tracking number. If there is a discrepancy in a return shipment, the Team Member or retail customer will be responsible for investigating the shipment by means of the tracking number and providing proof of acceptance by the warehouse before the Company will authorize a refund of the product. The Company will not accept any C.O.D. or postage due packages. The following are the return and refund guidelines and procedures:
i. A request for return can be processed within sixty (60) calendar days of the date of purchase.
ii. Any unused portion of the product, including empty or nearly empty boxes, must be returned with the order at the customer's expense.
iii. Upon confirmation of return to the warehouse, a full refund of the product purchase price and the taxes paid will be refunded to the bankcard used for the original purchase. No refunds will be given for the original shipping and handling costs. Shipping and handling costs are nonrefundable.
iv. The returned order must include the original packing slip. The order must be returned to the warehouse address listed on the packing slip, and must include a letter setting out the detailed reason for return.
v. If the return requirements are not met, or the appropriate documentation as set out is not included with the returned product, the Company will not process the return for a refund. The Team Member will be notified and will have fifteen (15) calendar days from the date of such notification to either provide the omitted information in writing to the Company, or alternatively, to arrange to have the product returned to their ship to address at the customer's expense. If the Preferred Member fails to provide an appropriate response within fifteen (15) calendar days of notification, no refund will be processed and the Company will dispose of the returned product.
vi. The Company is not responsible for the risks involved in return shipments. The Company assumes no liability for returned shipments until such time as our warehouse signs them for.
C. Errors in Customer/ Team Member Shipment
If an incorrect shipment is sent to a Customer or Team Member, in which the Company warehouse is responsible for the error, including but not limited to damaged product, and/or incorrectly shipped product, the following guidelines apply:
i. 100% refund of the order, including product, taxes, shipping, and handling fees.
ii. The returned order must also include the original packing slip, and the order must be returned to the warehouse address listed on the packing slip.
iii. The cost of returning the erroneous order to the warehouse will be at the expense of the Company.
D. Team Membership Returns
Product purchased for retail sales may be returned directly to the Company warehouse (i.e. sent to address noted on packing slip.) Promotional items and sales aids purchased for personal use are non-refundable and non-returnable, and therefore are not subject to a money back guarantee. The following are the return guidelines and procedures:
A request for return can be issued only if made within sixty (60) calendar days from the original date of purchase.
i. Returns will be compensated by replacement products ("RPs") of equivalent value shipped directly to the Team Member from the Company warehouse. No cash refunds will be given.
ii. Team Members must provide copies of original receipts and packing lists with any request for return of any product to the warehouse. The RP equivalent value is based upon actual price paid for the original product order. Each product to be refunded by replacement will be based upon a prorated percentage of the total amount paid for the last order.
iii . The products being returned must accompany the request for return. All expenses related to returns will be at the Team Member's expense. All requests for returns with the products being returned must be shipped to the Company prepaid by a method of shipment traceable by a tracking number. If there is a discrepancy in a return shipment, the Team/Preferred Member will be responsible for investigating the shipment by means of the tracking number and providing proof of acceptance by the warehouse before the Company will authorize a replacement of the product. The Company will not accept any C.O.D. or postage due packages.
E. Team Member Buy-Back Policy (See Inventory Section XIA)
Any Team Member who terminates his/her Distributorship and wishes to return any unused Company products for a refund may do so through the Company Buy-Back program. If the Team Member has purchased products for inventory during the term of his/her Distributorship contract, any remaining unused products that are in resalable condition in the possession of the Team Member shall be eligible for repurchase by the Company at a price of not less than ninety percent (90%) of the original net amount paid by the original purchaser. Products will not be considered resalable if they are partially used, if their shelf-life has expired, if the products are seasonal, are discontinued, were special promotion products, or if the most current version of the product has changed in formulation or packaging. Products which have been purchased for more than one (1) year prior to termination or which have been purchased as sales aids are not considered resalable. Any products that were provided to the Team Member as a "bonus" must also be returned upon a Team Member's request for a refund, but no refund will be made for "bonus" products. To initiate a Buy-Back request, a Team Member must first make notification of termination by contacting Distributor Services and verbally requesting termination of their Distributorship, Within thirty (30) calendar days of this verbal notification of intent to terminate, the Company must receive a notarized confirmation letter of his or her termination. The termination letter must include the following:
i. The Team Member's name and the names of any other parties who are party to the contract;
ii. Social Security Number of each party to the contract;
iii. Specific reason for resignation;
iv. A list of all items to be returned, the quantities of each item, and the original sale order number(s);
v. Each party listed on the Distributorship must sign the letter and all signatures must be notarized. Each party must individually acknowledge that the parties listed on the Distributorship are terminating their Team Member Distributorship with the Company;
vi. Once the Buy-Back letter has been received by the Company, the Team Member will be contacted directly by Distributor Services and an RA# will be provided to the Team Member. This RA# must appear in bold print on the outside of all packages being returned. All returns must be received within fifteen (15) calendar days after the RA# has been issued. Products that are returned without this RA# will be refused. Make sure that the shipping documentation does not cover this number. As a safeguard, it is best to conspicuously print the RA# in several different places on the package(s) ensuring that the number is visible by the warehouse. All returns will be at the Team/ Preferred Member's expense, and must be sent prepaid by a method of shipment that can be traced by a tracking number. If there is a discrepancy in a return shipment, the customer will be responsible for investigating the shipment by means of the tracking number and providing proof of acceptance by the Warehouse before the Company will authorize a refund of the product. The Company will not accept any C.O.D. or postage due packages; and, vii. If the information required is not included with the returned product or the product is not in resalable condition, the Company will notify the Team Member by letter of the omission and/or identify the product which is not in resalable condition. The Team/ Preferred Member will have fifteen (15) calendar days from the date of the letter to provide the omitted information in writing and/or arrange to have the product returned to the Team Member. If the Team/ Preferred Member fails to provide an appropriate response within fifteen (15) calendar days, the Company will dispose of the product and the Team Member/ Preferred will not receive a credit for the product. Once the return has been verified, a credit will be issued and a check sent or a credit will be issued on the bankcard used in making the original purchase.
F. Commission & Bonus Reversals (All Returns); Disputes as to Commissions Paid
Any bonuses, commissions, or advancements made on any of the Company programs which were awarded to either the terminating Team Member or terminating Team Member's above them with respect to any returned products will be reversed and the proper deductions made from the terminating Team Member's credit as well as any benefiting Team Member's commissions or bonus payments.
Any dispute Team Members have with the Company regarding commission payments must be noticed in writing to the Company within (30) thirty days of the Team Member's receipt of the commission check from the Company. Such notice must include an explanation of the details of the dispute, including calculations showing why the commission payment is disputed. Should Team Members fail to notify the Company in writing of the dispute, or fails to notify the Company within the thirty day period, he/she waives all right to dispute the amount of commissions owed and waives any right to dispute the amount paid. Any Team Member who resigns or is terminated by the Company for violations of these Policies & Procedures waives all rights to dispute prior commission or bonus payments made by the Company.
G. Other Reasons for Returns
i. Damaged Shipments: Occasionally, products will become damaged during shipping. The Team/ Preferred Member must take responsibility to verify the condition of each item upon receipt of each order, and must refuse to accept damaged goods. If a damaged shipment is left at the door, or if a Team/ Preferred Member discovers damages to the shipment after the fact, the Team Member must notify Distributor Services of damaged shipments no later than five (5) calendar days from the date of delivery of the damaged order. No damaged products will be replaced unless an RA# accompanies the request for replacement.
ii. Receipt of Shipment: The Team/ Preferred Member should contact Distributor Services if an order has not been received within a customary amount of time after an order has been placed. Distributor Services will put a trace on the order and assign a case number. The Company will consider a shipment received if the Team Member does not notify Distributor Services that the order has not been received within thirty (30) calendar days from the date the order was placed. There will be no refund or replacement of the order if Distributor Services did not receive such notification and an RA# was not assigned, or if the notification was not received within 30 days from the date of the order.
iii. Order Discrepancies: The Team/ Preferred Member should inspect each shipment immediately upon receipt, prior to signing acknowledgment of receipt. If any items are missing from the order, which are not marked as backordered on the shipper's delivery ticket, or if there are any mistakes with the contents of the shipment, the Team/ Preferred Member must immediately report the discrepancies to Distributor Services. Notification must be made within fifteen (15) calendar days of the order delivery to Distributor Services in order to arrange for a refund and/or replacement. No product switches or exchanges are allowed on replacements.
XVIII. Bonuses & Commissions
A. Chews Volume (CV)
Chews Volume (CV) is the commissionable sales volume credited for a sale. The CV for each product is listed on all Product and Sales Aids Order Forms and web site. CV is the volume of sales that accumulates below you. Commissions are paid on the CV of each product sold.
B. Chews Volume Reversals
CV is credited for the amount of product purchased during a calendar month. If product is returned, the CV for the returned product will be reversed and deducted either from the following month's commission payments of the Team Member making the return, as well as those Team Member's above them.
C. Prizes
Monthly prizes may occur from time to time, based upon the sales performance of each Team Member. The assessments for these prizes will be announced at least 30 days prior to commencement of the incentive prize program.
D. Transferring CV
Under the "Two-Infinity Business Plan":
Chews Volume transfers are NOT ALLOWED OR PERMITTED under any circumstances for Team Members. You may never transfer CV around, through another Team Member above or below you. Transfers to your Support Agent are not allowed. FOLLOWING SECTION (E-F) APPLICABLE ONLY TO THE CHEWS-4-HEALTH CONVENIENCE PACK (AUTOSHIP) PROGRAM and the "TWO-INFINITY" BUSINESS PLAN:
E. Bonuses, Commissions and Retail Profits:
1. Direct Sales Retail Profits: You can earn a Maximum of 60% retail profit on all Company Products. This gives every Member an equal chance at creating a successful income regardless if they build a network of Team Members or not.
2. Basic Team Membership Program: A Basic Team Member is not commission qualified. He is someone who has purchased the initial Value Pack but has not qualified as an Active Team Member (not on the Convenience Pack program and hasn't signed up "two" Team Members which activates their "Two" to "Infinity" organization [Two-Infinity.]) A Basic Team Membership allows the average person to generate income by retailing Chews-4-Health Inc. products. Although they are not considered a commission qualified Team Member, they can still make the same retail profit and allow their customers to order directly from the company for all their products. Basic Team Members can earn a maximum of 50% retail profit on their retail customers as long as they have purchased one Value Pack and meet all other Chews-4-Health Inc. Policies and Procedure requirements.
3. Wholesale Profits: Once you have purchased a Value Pack, you are considered a Basic Team Member and can purchase the product at any of the below wholesale discount levels with no monthly requirement.
F. Team Member Requirements
1. Get Activated – Purchase a Value Pack or Economy Pack.
2. Get Qualified – Purchasing your Value Pack or Economy Pack entitles you to join the Convenience Pack Program. Depending on how many boxes you have shipped each month, in addition to the retail profits, you also receive up to 12% commissions from your weak side team and up to 12% additional commission from your strong side team. The "Two-Infinity" business plan (see qualification requirements and “Double Your Paycheck” section) Your Convenience Pack (Autoship) will arrive automatically each month and your commissions will be automatically applied weekly to your Chews MasterCard/Debit card. All commissions can be tracked on line in your "Chews-4-Wealth" back-office. Once a Team Member reaches $15 in retail sales earnings or commissions, the amount will be applied to their Chews Cash Card. All commissions less than $15 carry forward until you reach this amount.
If you do not remain on the Convenience Pack (Autoship) Program, you will not receive any commissions generated from your Two-Infinity organization. However, you will still receive RETAIL profits from your on-line Preferred Customers and can still earn income from your personal retail customers.
3. Choose Your PayCheck:
In order for a Team Member to be qualified to receive commissions from the Two-Infinity business plan, he/she must be on a Convenience Pack Program. This is a very unique program because it allows Team Members to choose what percentage of commissions they want to earn by picking one of these three options:
SINGLE PACK PROGRAM: One box is automatically shipped each month (cost- $39). This entitles you to a 4% commission in the Two-Infinity business plan.
THREE PACK PROGRAM: Three boxes are automatically shipped each month (Cost- $103.50). This entitles you to an 8% commission in the Two-Infinity business plan.
SIX PACK PROGRAM: Six boxes are automatically shipped each month (Cost- $180). This entitles you to a 12% commission in the Two-Infinity business plan.
4. Definition of "Active Team Member": To be considered an active Team Member, you are required to enroll just 2 team members who purchase a Value Pack or Economy Pack and join the AutoShip (Convenience Pack) Program. These 2 Team Members mark the beginning of your "Two" to "Infinity" organization. In order to remain qualified, your personally introduced Team Members (one from Team A and one from Team B) only need to maintain just 20 monthly CV (that's just 1 box of product or 1 sample box per month), and you remain commission qualified. As long as you are on the convenience Pack (Autoship) program and have enrolled 2 qualified Team Members, you can now earn commissions down both legs, to infinity (see compensation plan for details.) In order to continue to receive commissions on your organization, you must remain on AutoShip (Convenience Pack) Program.. You can cancel your Convenience Pack (Autoship) Program at any time but you must wait 90 days to reactivate your monthly automated shipment schedule. During those 90 days, no commissions or bonuses will be received and all banked volume will be forfeited. If you do not renew your Convenience Pack (Autoship) Program within one calendar year of canceling, you will have to activate a new membership by purchasing a Value Pack or Economy Pack.
A. You can DOUBLE the percentage you make each week by personally enrolling 10 people. If you are on a Six Pack Program and enroll ten people, you receive an ADDITIONAL 12% equivalent volume from your strong team. That's 12% + an additional 12% = DOUBLE the commissions (see “EVERYTHING IN A NUTSHELL” explanation on web site for details.)
5. Ongoing Minimum Requirements:
"Team Members" can choose to just purchase product and earn profits through retail sales/on line customers at any time with no monthly requirements; however, to earn commissions and bonuses, a Team Member must be on a minimum Convenience Pack Program of one box per month ($39.)
6. Convenience Pack Program Benefits:
This is a monthly reorder program that allows you to customize your order and to have it automatically shipped to you every month.
Convenience Pack Program benefits include:
Wholesale discounts on products.
FREE Online Retail Health Store Website connected right to your ID number to track sales and profits. This business works for you 24/7 every day of the year.
Retail profits of up to 50%
Eligible to participate in the National Co-Op Marketing Program.
Full access to the "Chews-4-Health" Back Office. This includes, Weekly commission and income recap, genealogy report, customer billing/orders, real time credit card processing, replicating web site with auto-responders and organization tracking capabilities, lead generations, marketing tools, exclusive conference calls and PowerPoint presentations.
Specials Incentives and prizes offered only to Convenience Pack (Autoship) Program members.
Corporate Events exclusive to Convenience Pack (Autoship) Program members.
BELOW SECTIONS APPLY TO BOTH "TWO-INFINITY" BUSINESS PLAN and the "NATIONAL CO-OP MARKETING PROGRAM."
G. Commissions
Team Members commissions will be automatically transferred to their Chews-4-Health MasterCard/Debit Card (see IX section C for details.)
H. Annual Renewal
The terms of a Team/Preferred Membership is one year and will be renewed automatically for successive one year terms on each anniversary date of the Agreement. If the agreement is not renewed on each anniversary date, it will be cancelled and you will lose all rights as a Chews-4-Health Team/Preferred Member. Your renewal fee of $30 will automatically be processed on each anniversary date and charged to your credit card. This includes personal web site hosting, back office software upgrades, shopping cart maintenance and processing fees.
I. Non-Flushing/Banked Volume
At Chews-4-Health Inc. we believe that those who are actively pursuing retail and distributor opportunities should be rewarded for their efforts, even if it takes a little extra time and that is why we have a "Non-Flushing" CV (Chews Volume) feature. As long as a Team Member is on the convenience pack program, his/her volume will continue to accumulate. All sales volume, up to 150,000 CV, that is not used for commission will be banked for future use (i.e. you don’t lose it.) This volume banking feature carries over the additional CV from your strong leg. This is a tremendous advantage over other compensation models that flush away unused volume and this allows you to keep the volume your teams have accumulated.
XIX. Publicity Specifications
A. Governmental Representations
Team Members shall not state or imply that the Company programs or products have been approved or endorsed by any government agency. Federal and State regulatory agencies have not given approval or endorsement to any direct selling programs.
B. Privacy Policy
All customer names and personal information shall be subject to the Company's Policy Statement as posted on its websites.
C. Trademarks, Logos, Product Names, Domain Names and Other Company Intellectual Property: All Company trademarks, product names, logos, slogans, domain names, Organization Information, Confidential Information and Company Materials (collectively, "Company Intellectual Property") are owned exclusively by the Company. Team Members (Preferred members and Active members) may not use the Company Intellectual Property for any purpose other than as permitted in these Policies & Procedures. Team Members may not directly or indirectly obtain or attempt to obtain legal rights in any Company Intellectual Property. Team Members also are not permitted to use any Company trademark (including the Chews-4-Health Inc. name, logo or any Company Product name) as part of any domain name, company name, or advertising slogan. Upon termination of a Team Member's Distributorship, all rights to use any Company Intellectual Property automatically are terminated simultaneously with termination of the Distributorship. Accordingly, upon such termination, you will immediately and permanently discontinue the use of all trademarks and names, together with all literature, signs, labels, posters, stationary or advertising materials and Company Materials related to the Company, its products and its marketing programs. The failure to discontinue all uses of Company Intellectual Property shall cause the Company immediate irreparable harm, and is inter alia trademark infringement and copyright infringement giving rise to the Company's right to an immediate injunction without the necessity for the posting of a bond by the Company, in addition to all other remedies available to the Company. The Company grants to each Team Member the limited, non-exclusive, revocable and terminable right to use Company Intellectual Property for authorized Company business-related purposes only, subject to all applicable Company rules and guidelines regarding their use, and only during the period the Team Member is in good standing with the Company, meaning that he/she is not suspended or terminated.
D. Advertising
The Company encourages Team Members to advertise and promote the Company's Products and marketing opportunities. However, it is critically important that all Team Members comply with all Company advertising guidelines contained in these Policies & Procedures or as otherwise established by the Company. Failure to comply can result in damage to the reputation of the Company and its products and could result in undesirable publicity and possible legal actions. In order to protect the Company and its Team Members, the Company reserves the right to terminate Team Members who are in violation of these advertising provisions. Violation of these provisions shall cause the Company immediate irreparable harm giving rise to the Company's right to an immediate injunction without the necessity for the posting of a bond by the Company, in addition to all other remedies available to the Company. All advertising and promotion of the Company and Company Products, as well as all advertising and promotion that compares Company Products with other products, requires the prior written permission of Company prior to a Team Members' placing of any advertising in any media outlet including hard print ads, internet ads or TV or radio advertisements. For purposes of this provision, content on a website constitutes "advertising or promotion." All advertising and promotional materials you want to use, including any press releases or other publicity material, must be submitted to the Company Corporate Office for review no less than sixty (60) days prior to their planned use. You agree to make any changes to the advertising or promotional material requested by the Company, or, if the Company does not approve the materials in writing, you agree not to use them. All submissions for review must be sent with a cover letter identifying that the materials are advertising materials being submitted for review along with an explanation of when, where and how the materials will be used. If the Company does not notify you in writing of the results of its review within sixty (60) days from the date if receipt by the Company of the materials submitted, the materials are deemed unacceptable and cannot be used.
E. Literature and Sales Aids
Team Members are prohibited from using, distributing or selling any Company materials, including all marketing and sales materials in any media (print, audio, video, etc.) that (a) has not been authorized by the Company for use, distribution or sale, (b) is outdated, or (c) contains Confidential Information. All Company Materials whether printed, on a website, or in audio, video, CD-ROM or other media, are copyrighted and may not be reproduced in whole or in part by Team Members or any other person. Team Members shall destroy any stale, outdated or discontinued (collectively, "outdated") Company Materials. Only current, authorized sales aids can be used by Team Members. Company can at any time, determine that a sales aid or promotional literature or other Company Material is no longer available for use, distribution or sale by Team Members. Once the Company no longer provides a sales aid or promotional product on its website or through its distributor services, that sales aid or promotional product is considered outdated. Nothing in Company's sales aids or other Company Materials are implied terms or amendments to this Agreement, nor shall they be deemed as or relied on by Team Member as representations or terms of agreement that bind the Company.
F. Television and Radio
The use of television and radio advertisements or promotions is governed by Section XIX.D. and this Section XIX.F. Team Members are prohibited from using TV, cable TV, or radio to advertise or promote the Company or any Company Products without the prior written approval of the Company.
G. Internet/World Wide Web Pages
The Company requires that anyone who wishes to establish a website (or a single web page) displaying the Company Products, Company Intellectual Property or Company Materials, or any portions thereof, must contact Distributor Services for an authorized Company hosted Distributor website. Team Members are prohibited from using any website or web pages that are not Company hosted Distributor websites. Violation of this policy is immediate grounds for termination. Team Members may not place or purchase as key words or AdWords any Company Product names, or the Company name, or any names incorporating any Company Product names or the Company name into any Internet search engine (such as Google or Yahoo! Search) without the prior written permission of the Company. Team Members may not acquire, register or use domain names that include the name of any Company Products or the Company name without the prior written permission of the company. The Company is under no obligation to permit any Team Member to use any Company product name or the Company name for any purpose described in this paragraph. The Company Team Members may not engage in "spamming" which is defined as the unauthorized transmission of email messages or materials to persons without their prior permission. Any form of spamming activity is a violation of the Company policy and will subject the person or persons responsible to suspension or termination of their Distributorship. Spamming may be a criminal offense in some states and will not be tolerated. Anyone that if found spamming will also be responsible for all fines incurred as a result of this illegal activity. The Company reserves the right to terminate any Distributorship of a Team Member who violates any of the foregoing terms and conditions or Company policies. Violation of any of these terms and conditions or Company policies shall cause the Company immediate irreparable harm giving rise to the Company's right to an immediate injunction without the necessity for the posting of a bond by the Company, in addition to all other remedies available to the Company.
H. Personal Appearances
Appearances by any Company Team Members on TV, cable TV, or radio are prohibited without the prior written approval of the Company.
I. Telephone
The Company prohibits Team Members from answering the telephone in any manner that would imply or lead callers to believe they have reached the corporate offices of the Company.
Team Members should therefore refrain from answering the phone with phrases such as "Chews-4-Health Inc." or "This is (name) with Chews-4-Health".
The approved telephone listing for all telephone publications is "The Chews-4-Health Independent Team Member (name)." Any Team Member found in violation of this policy is subject to immediate termination.
J. Faxes
Team Members may not send unsolicited facsimile transmissions regarding the Company or its Products to any persons, businesses, or entities. Any sending of such faxes is a violation of Company policy and will subject the person or persons responsible to suspension or termination of their Team Member Distributorship.
K. Telephone Solicitation
The Company name and Company Materials may not be used in automatic calling devices or "boiler room" operations to solicit potential Team Members or customers, and in some states any unsolicited telephone calls may be prohibited under Federal or State "Do not Call Rules" or equivalent laws, and therefore are prohibited under these Policies & Procedures. Any violation of any such laws, rules or regulations by a Team Member is grounds for immediate termination of his/her Distributorship, in addition to all other remedies available to the Company for this violation. A Team Member who has violated any such rules, laws or regulations shall indemnify and hold harmless the Company from any claims, damages, fines or penalties arising or resulting from such violation.
L. Trade Shows and Fairs
Each Team Member is res