SECTION ONE: INDEPENDENT BUSINESS OWNER (IBO) STATUS
1.01 BECOMING AN INDEPENDENT BUSINESS OWNER (IBO)
An applicant becomes an Independent Business Owner (IBO) (“Independent Business Owner (IBO)”) of Ascend4Life when the applicant's completed Application and Agreement has been received and accepted by the Company, by Internet or by mail, at its Home Office. Company reserves the right to decline any Agreement for any reason, at its sole discretion.
Independent Business Owner (IBO) uses his/her best effort to promote and sell products and services of Company to consumers pursuant to the Agreement contained within these Policies and Procedures and Terms and Conditions. In doing so, Independent Business Owner (IBO) will maintain the high standards of honesty, and integrity and business ethics when dealing with Consumers, Company or other Company Independent Business Owner (IBO)s.
1.02 INDEPENDENT BUSINESS OWNER (IBO) OBLIGATIONS & RIGHTS
Independent Business Owner (IBO)s are authorized to sell Company products and services and to participate in the Independent Business Owner (IBO) Compensation Plan. Independent Business Owner (IBO)s may sponsor new Independent Business Owner (IBO)s.
1.03 LEGAL AGE
Independent Business Owner (IBO)s must be of legal age in the state / province / country of their residence.
1.04 DIVORCE
When a couple sharing Independent Business Owner (IBO) entity divorces or separates, Company will continue to pay commission checks in the same manner as before the divorce or separation until it receives written notice signed by both parties or a court decree which specifies how future commission checks should be paid, provided and if applicable, the couple has complied with the requirements of Section 5.03.
1.05 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become Independent Business Owner (IBO)s of Company when the Agreement is accompanied by a federal ID number.
Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable of Independent Business Owner (IBO) entity must agree to hold such title, and Company will hold each personally liable and bound by the Agreement and these Policies and Procedures and Terms and Conditions.
1.06 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply as Independent Business Owner (IBO) using a fictitious or assumed name.
1.07 INDEPENDENT CONTRACTOR STATUS
Independent Business Owner (IBO)s are Independent Contractors responsible for determining their own activities without direction or control by Company. They are not franchisees, joint venture, partners, employees or agents of Company and are prohibited from stating or implying, whether orally or in writing, otherwise. Independent Business Owner (IBO)s have no authority to bind Company to any obligation. Company is not responsible for payment or co-payment of any employee benefits. Independent Business Owner (IBO)s are responsible for liability, health disability and worker's compensation insurance. Independent Business Owner (IBO)s set their own hours and determine how to conduct business, subject to Company Agreement, the Policies and Procedures and Terms and Conditions.
1.08 TAXATION
As Independent Contractors, Independent Business Owner (IBO)s will not be treated as franchisees, owners, employees or agents of Company for federal or state tax purposes including, with respect to the Internal Revenue Code, Social Security Act, federal unemployment act, state unemployment acts or any other federal, state, or local statute, ordinance, rule or regulation. At the end of each calendar year, Company will issue to each Independent Business Owner (IBO) an IRS Form 1099, as required by law, or other applicable documentation for non-employee compensation as a Independent Business Owner (IBO).
1.09 INDEPENDENT BUSINESS OWNER (IBO) IDENTIFICATION NUMBER
Independent Business Owner (IBO)s are required by federal law to obtain a Social Security number or Federal ID number. Independent Business Owner (IBO)s will be identified by this number, or a company assigned number, for purposes of Company's business. The Independent Business Owner (IBO) Identification Number must be placed on all orders and correspondence with the Company.
1.10 LEGAL COMPLIANCE
Independent Business Owner (IBO)s must comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their business. Independent Business Owner (IBO)s are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes.
1.11 NO EXCLUSIVE TERRITORIES
No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. No geographical limitations exist on sponsoring or selling within the United States; provided, however, that Company reserves the right not to sell product or services or contract with Independent Business Owner (IBO)s in specified states / provinces within United States.
SECTION TWO: TERM & RENEWAL
2.01 TERM
Subject to the terms of Section 4.01, the Agreement shall have a term which shall begin on the date of acceptance by Company and end one year from the date thereof (the “Anniversary Date”).
2.02 RENEWAL
Independent Business Owner (IBO)s must renew annually, on the Anniversary Date and Independent Business Owner (IBO) has the right to decline to accept any renewal at its sole discretion. Company may require that Independent Business Owner (IBO)s execute a new Agreement upon renewal. Independent Business Owner (IBO)s not renewing by the renewal date shall be deemed to have voluntarily terminated their Independent Business Owner (IBO) relationship with Company, and thereby lose their Independent Business Owner (IBO) entity, all sponsorship rights, their position in the Compensation Plan and all rights to commissions and bonuses. Independent Business Owner (IBO)s who fail to renew their Independent Business Owner (IBO) status may not reapply under a new sponsor for three (3) months after non-renewal.
SECTION THREE: SPONSORSHIP
3.01 SPONSORING
Independent Business Owner (IBO)s may sponsor other Independent Business Owner (IBO)s into Company's business. Independent Business Owner (IBO)s must ensure that each potential new Independent Business Owner (IBO) has reviewed and has had access to the current Policies and Procedures, Terms and Conditions and Compensation Plan prior to or when giving the individual an Agreement.
3.02 MULTIPLE AGREEMENTS
If an applicant submits multiple Independent Business Owner (IBO)s which list different sponsors, only the first completed Agreement received by Company will be accepted.
3.03 TRAINING REQUIREMENT
A Sponsor must maintain an ongoing professional leadership association with Independent Business Owner (IBO)s in his or her organization and must fulfill the obligation of performing a bona fide supervisory or sales function in the sale or delivery of products and services.
3.04 INCOME CLAIMS
Independent Business Owner (IBO)s must truthfully and fairly describe the Compensation Plan. No past, potential or actual income claims may be made to prospective Independent Business Owner (IBO)s, nor may Independent Business Owner (IBO)s use their own incomes as indications of the success assured to others. Commission checks may not be used as marketing materials. Independent Business Owner (IBO)s may not guarantee commissions or estimate expenses to prospects.
3.05 TRANSFER OF SPONSORSHIP
The company does not permit the transfer of sponsors. Network Marketing is a business of creating relationships. Once a Independent Business Owner (IBO) is sponsored, the company believes in maximum protection of that relationship. The only exception is upon prior written approval of Company to correct ethical violations as determined at the sole discretion of Company.
3.06 CROSS SPONSORING
Independent Business Owner (IBO) may not sponsor, or attempt to sponsor, any non personally sponsored independent business owner (ibo)s in any other Network Marketing Company. In addition, no Independent Business Owner (IBO) may participate in any action that causes another Independent Business Owner (IBO) to be sponsored through someone else into another network marketing company.
SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) Independent Business Owner (IBO) may voluntarily terminate his or her Independent Business Owner (IBO) status by failing to renew or by sending thirty (30) days written notice of such resignation or termination to Company. Voluntary resignation is effective upon receipt of such notice by Company.
b) Independent Business Owner (IBO) who resigns or terminates their Independent Business Owner (IBO) status may reapply as Independent Business Owner (IBO), three (3) months after resignation.
4.02 SUSPENSION
Independent Business Owner (IBO) may be suspended for violating the terms of his or her Agreement, which includes these Policies and Procedures, the Terms and Conditions and the Compensation Plan and other documents produced by Company. When a decision is made to suspend Independent Business Owner (IBO), Company will inform the Independent Business Owner (IBO) in writing that the suspension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspension (if any). The suspension notice will be sent to the Independent Business Owner (IBO)s “address on file” pursuant to the notice provisions contained in the Policies and Procedures and Terms and Conditions. Such suspension may or may not lead to termination of the Independent Business Owner (IBO) as so determined by Company at its sole discretion. If the Independent Business Owner (IBO) wishes to appeal, Company must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. Company will review and consider the suspension and notify the Independent Business Owner (IBO) in writing of its decision within thirty (30) days from the date of the suspension notice. The decision of Company will be final and subject to no further review. Company may take certain action during the suspension period, including, but not limited to, the following:
a) Prohibiting the Independent Business Owner (IBO) from holding himself or herself as Independent Business Owner (IBO) or using any of Company's proprietary marks and/or materials;
b) Withholding commissions and bonuses that are due the Independent Business Owner (IBO) during the suspension period;
c) Prohibiting the Independent Business Owner (IBO) from purchasing services and products from Company; and/or;
d) Prohibiting the Independent Business Owner (IBO) from sponsoring new Independent Business Owner (IBO)s, contacting current Independent Business Owner (IBO)s or attending meetings of Independent Business Owner (IBO)s.
If Company, at its sole discretion, determines that the violation which caused the suspension is continuing, and has not satisfactorily been resolved or a new violation involving the suspended Independent Business Owner (IBO) has occurred, the suspended Independent Business Owner (IBO) may be terminated.
4.03 TERMINATION
Independent Business Owner (IBO) may be immediately terminated for violating any federal, state or local laws or regulations involving a felony. Independent Business Owner (IBO) may also be terminated for violating the terms of his or her Agreement, which includes these Policies and Procedures, Terms and Conditions and the Compensation Plan and other documents produced by Company upon written notice. Company may terminate a violating Independent Business Owner (IBO) without placing the Independent Business Owner (IBO) on suspension, at Company's sole discretion. When the decision is made to terminate Independent Business Owner (IBO), Company will inform the Independent Business Owner (IBO) in writing at the address in the Independent Business Owner (IBO)'s file that the termination has occurred.
4.04 APPEAL
If Independent Business Owner (IBO) wishes to appeal the termination, Company must receive the appeal in writing within fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final. If Independent Business Owner (IBO) files a timely notice of appeal, Company will review the appeal and notify the Independent Business Owner (IBO) of its decision within ten (10) days after receipt of the appeal. The decision of Company will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon termination, the terminated Independent Business Owner (IBO):
a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of Company.
b) Must cease representing themselves as Independent Business Owner (IBO) of Company;
c) Loses all rights to his or her Independent Business Owner (IBO) position in the Compensation Plan and to all future commissions and earnings resulting therefrom;
d) Must take all action reasonably required by Company relating to protection of Company's confidential information. Company has the right to offset any amounts owed by Independent Business Owner (IBO) to Company including, without limitation, any indemnity obligation incurred pursuant to Section 11.01 herein, from commissions or other compensation due to the Independent Business Owner (IBO).
4.06 REAPPLICATION
The acceptance of any reapplication of a terminated Independent Business Owner (IBO) or the application of any family member of a terminated Independent Business Owner (IBO) shall be at the sole discretion of Company and can be denied.
4.07 STATE LAWS
Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.
SECTION FIVE: TRANSFERABILITY
5.01 ACQUISITION OF BUSINESS
Any Independent Business Owner (IBO) desiring to acquire an interest in another Independent Business Owner (IBO)'s business must first terminate his or her Independent Business Owner (IBO) status and wait three (3) months before becoming eligible for such a purchase. All such transactions must be fully disclosed and must be approved by Company in advance.
5.02 TRANSFERS OF INDEPENDENT BUSINESS OWNER (IBO)S
Except as expressly set forth herein, Independent Business Owner (IBO) may not sell, assign or otherwise transfer his or her Independent Business Owner (IBO) entity (or rights thereof) to another Independent Business Owner (IBO) or to an individual which has an interest in Independent Business Owner (IBO) entity. Notwithstanding the foregoing, Independent Business Owner (IBO) may transfer his or her Independent Business Owner (IBO) entity to his or her sponsor, subject to the conditions of Section 5.03. In such an event, the sponsor's entity and the transferring Independent Business Owner (IBO)s entity shall be merged into one entity.
5.03 CONDITIONS TO TRANSFERABILITY
Independent Business Owner (IBO)s may not sell, assign, merge or transfer his or her Independent Business Owner (IBO) entity (or rights thereto) without the prior written approval of Company and compliance with the following conditions:
a) Company possesses the right of first refusal with respect to any sale, assignment, transfer or merger of any Independent Business Owner (IBO) entity. Independent Business Owner (IBO) wishing to sell, assign, transfer or merge his or her Independent Business Owner (IBO) entity must first provide Company with the right and option to make such a purchase or receive such transfer in writing on the same terms and conditions as any outstanding or intended offer. Company will advise the Independent Business Owner (IBO) within ten (10) business days after receipt of such notice of its decision to accept or reject the offer. If Company fails to respond within the ten (10) day period or declines such offer, the Independent Business Owner (IBO) may make the same offer or accept any outstanding offer which is on the same terms and conditions as the offer to Company to any person or entity who is not Independent Business Owner (IBO), married to, or a dependent of Independent Business Owner (IBO) or who has any interest in Independent Business Owner (IBO);
b) The selling Independent Business Owner (IBO) must provide Company with a copy of all documents which detail the transfer, including, without limitation, the name of the purchaser, the purchase price and terms of purchase and payment;
c) An office administration transfer fee of $100.00 must accompany the transfer documents;
d) The documents must contain a covenant made by the selling Independent Business Owner (IBO) for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing Independent Business Owner (IBO) for a period of one (1) year from the date of the sale or transfer;
e) Upon a sale, transfer or assignment being approved in writing by Company, the buying Independent Business Owner (IBO) must assume the position and terms of agreement of the selling Independent Business Owner (IBO) and must execute a current Agreement and all such other documents as required by Company; and
f) Company reserves the right, at its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer. Company reserves the right to disapprove any sale or transfer, where allowed by law.
5.04 CIRCUMVENTION OF POLICIES
If it is determined, at Company's sole discretion, that Independent Business Owner (IBO) entity was transferred in an effort to circumvent compliance with the Agreement, the Policies and Procedures, Terms and Conditions or the Compensation Plan, the transfer will be declared null and void. The Independent Business Owner (IBO) entity will revert back to the transferring Independent Business Owner (IBO), who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at Company's sole discretion, appropriate action, including, without limitation, termination, may be taken against the transferring Independent Business Owner (IBO) to ensure compliance with the Policies and Procedures and Terms and Conditions.
5.05 SUCCESSION
Notwithstanding any other provision of this Section, upon the death of Independent Business Owner (IBO), the Independent Business Owner (IBO)ship will pass to his or her successors in interest as provided by law. However, Company will not recognize such a transfer until the successor in interest has executed a current Agreement and submitted certified copies of the death certificate, will, trust or other instrument required by Company. The successor will thereafter be entitled to all the rights and be subject to all the obligations of a Company Independent Business Owner (IBO).
5.06 RE-ENTRY
Any Independent Business Owner (IBO) who transfers his or her Independent Business Owner (IBO)ship must wait for three (3) months after the effective date of such transfer before becoming eligible to reapply to become a Independent Business Owner (IBO).
SECTION SIX: PROPRIETARY INFORMATION
6.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, Company may supply to Independent Business Owner (IBO)s confidential information, including, but not limited to genealogical and Downline reports, customer lists, customer information developed by Company or developed for and on behalf of Company by Independent Business Owner (IBO)s (including, but not limited to, credit data, customer and Independent Business Owner (IBO) profiles and product purchase information), Independent Business Owner (IBO) lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to Company and is transmitted to Independent Business Owner (IBO)s in strictest confidence on a “need to know” basis for use solely in Independent Business Owner (IBO)s business with Company. Independent Business Owner (IBO)s must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use this information for any non-company activity directly or indirectly while a independent business owner (ibo) and thereafter.
Independent Business Owner (IBO)s must not use the information to compete with Company or for any purpose other than promoting Company's program and its products and services. Upon expiration, non-renewal or termination of the Agreement, Independent Business Owner (IBO)s must discontinue the use of such confidential information and promptly return any confidential information in their possession to Company.
6.02 COPYRIGHT RESTRICTIONS
With respect to product purchases from Company, Independent Business Owner (IBO)s must abide by all manufacturers' use restrictions and copyright protections.
6.03 VENDOR CONFIDENTIALITY
Company's business relationships with its vendors, manufacturers and suppliers are confidential. Independent Business Owner (IBO)s must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of Company except at Company sponsored events at which the supplier or manufacturer is present at the request of Company.
SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING
7.01 TRADEMARKS
Companies name trademarks, service marks and copyrighted materials are owned by the Company. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
7.02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by Company or approved in advance in writing by Company may be used to advertise or promote a Independent Business Owner (IBO)'s business or to sell products and services of Company. Company's literature and materials may not be duplicated or reprinted without the prior written permission.
7.03 USE OF COMPANY NAME
Independent Business Owner (IBO)s may use the name of Company only in the following format: “Independent Independent Business Owner (IBO) for Ascend4Life”.
7.04 STATIONERY AND BUSINESS CARDS
Independent Business Owner (IBO)s are not permitted to “create” their own stationery, business cards or letterhead graphics, if Company's trade name or trademarks are used. Only the approved Company's graphics version and wording are permitted; letterhead, envelopes and business cards must be ordered using the online/stationery order form.
7.05 ELECTRONIC ADVERTISING
Independent Business Owner (IBO)s may not advertise or promote their Independent Business Owner (IBO) business or Company's business, products or marketing plan or use Company's name in any electronic media or transmission, including on the Internet via web sites or otherwise, without the prior written approval of Company's legal department.
7.06 TELEPHONE LISTING
Independent Business Owner (IBO)s are not permitted to use Company's trade name in advertising their telephone and telecopy numbers in the white or yellow page sections of the telephone book. Independent Business Owner (IBO)s are not permitted to list their telephone numbers under Company's trade name without first obtaining Company's prior written approval. If approval is granted for an “800” listing, it must be stated in the following manner: “Independent Business Owner (IBO) for Company”.
7.07 TELEPHONE ANSWERING
Independent Business Owner (IBO)s may not answer the telephone by saying “Ascend4Life,” or in any other manner that would lead the caller to believe that he or she has reached the offices of the Company.
7.08 IMPRINTED CHECKS
Independent Business Owner (IBO)s are not permitted to use Company trade name or any of its trademarks or service marks on their business or personal checking accounts.
7.09 MEDIA INTERVIEWS
Independent Business Owner (IBO)s are prohibited from granting radio, television, newspaper tabloid or magazine interviews or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize the Company, its products or Company businesses, without the express prior written approval of Company. All media inquiries should be in writing and referred to Company's corporate office, legal department.
7.10 ENDORSEMENTS
No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in Company literature and communications. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Independent Business Owner (IBO)s may not represent or imply, directly or indirectly, that Company's programs, products or services have been approved or endorsed by any governmental agency.
7.11 RECORDINGS
Independent Business Owner (IBO)s may not produce or reproduce for sale or personal use products sold by Company or any Company-produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of Company meetings and conferences is strictly prohibited.
7.12 REPACKAGING PROHIBITED
Independent Business Owner (IBO)s may not repackage products or materials of Company.
7.13 INDEPENDENT COMMUNICATIONS
Independent Business Owner (IBO)s, as Independent Contractors, are encouraged to distribute information and direction to their respective Downlines. However Independent Business Owner (IBO)s must identify and distinguish between personal communications and the official communications of Company.
SECTION EIGHT: PAYMENT OF COMMISSIONS
8.01 BASIS FOR COMMISSIONS
Commissions and other compensation cannot be paid until a completed Agreement has been received and accepted by Company. Commissions are paid ONLY on the sale of Company services and products. No commissions are paid on the purchase of Sales materials or for Sponsoring Independent Business Owner (IBO)s. In order to receive commissions on products and services sold, Company must have received and accepted an Agreement prior to the end of the commission period in which the sale is made.
8.02 COMMISSION PERIOD
A business period refers to the time period opening on the first (1st) day of the commission period and extending up until order entry closes on the last business day of the period (5:00 p.m.). Company offices are open Monday through Friday 9 a.m.-6 p.m., with the exception of certain holidays as posted by Company.
8.03 COMMISSION PAYMENTS
Commissions are paid to “qualified” Independent Business Owner (IBO)s as defined within the Compensation Plan. Independent Business Owner (IBO)s must consult the Compensation Plan for a detailed explanation of the benefits, commission structure and requirements of the Compensation Plan.
8.04 OFFSET OF COMMISSIONS
Any commissions or bonuses earned and paid on products returned is the obligation of and must be repaid to Company by Independent Business Owner (IBO)s earning such commissions. Company has the right to offset such amounts against future commissions and other compensation paid or owed to such Independent Business Owner (IBO)s who received commissions.
SECTION NINE: PURCHASE & SALE OF PRODUCTS
9.01 STOCKPILING PROHIBITED
The success of Company depends on retail sales to the ultimate consumer; therefore all forms of stockpiling are prohibited. Company recognizes that Independent Business Owner (IBO)s may wish to purchase certain products for their own use. However, Company strictly prohibits the purchase of products in unreasonable amounts and prohibits the purchase of products only or primarily to qualify for compensation.
9.02 RETAIL SALES RULES
Independent Business Owner (IBO)s must save a copy of the Retail Sales Slip given to retail customers; receipt shall be fully completed and include the name, address and phone number of each retail customer and, upon request by Company, provide copies of such receipts to Company. If Company determines that retail sales were not actually made, the Independent Business Owner (IBO) must repay Company all commissions earned during the calendar period in which the retail sales were to have been made.
9.03 OVER 70% RULE
In order to receive commissions and overrides, Independent Business Owner (IBO)s must certify on each product order form that they have sold over seventy percent (70%) in dollar value of all products and commissionable services previously purchased by the Independent Business Owner (IBO) at wholesale from the company, to Non-Independent Business Owner (IBO) consumers. Independent Business Owner (IBO)s shall maintain retail sales records available to the company for inspected on request.
9.04 ORDERING METHODS
All orders submitted to Company shall have the Independent Business Owner (IBO) Identification Number placed thereon to assist Company in crediting the appropriate Independent Business Owner (IBO).
9.05 PAYMENT OPTIONS
Purchases may be paid by cashier's check, ACH, debit card, money order, or major credit card. The Independent Business Owner (IBO) and retail customers are responsible for paying the costs of any returned checks plus an administrative fee charged by Company, which fee may change at any time based on past payment history of the customer. If an underpayment is made, the order will not be processed until the full amount is received by Company. If an overpayment is made, Company will process the order and issue a credit to Independent Business Owner (IBO)'s account, which will automatically refund on the next commission check paid to Independent Business Owner (IBO). Orders will not be processed if cancellation of a credit card is made. Orders for products are not effective until accepted by Company. To expedite shipping, Independent Business Owner (IBO)s may authorize Company to keep a valid credit card on file as security for payment. Overdue amounts will accrue interest at the annual rate of 18% or at a higher if permitted by law.
9.06 SHIPPING AND HANDLING POLICY
Subject to availability all products will be shipped by UPS or other similar service within approximately three (3) business days of receipt of payment. Payment for products shall be made at time of order. At Independent Business Owner (IBO)'s option, the product may be shipped to a customer's designated “Ship-To address”, or to the Independent Business Owner (IBO).
9.07 PRODUCT DELIVERY
Upon clearance of payment, the products and materials ordered will be shipped.
9.08 BACK ORDER POLICY
Company will expeditiously ship all products currently in stock. Any out-of-stock items (unless discontinued) will be placed on back order and distributed upon Company receiving additional inventory. Independent Business Owner (IBO) will be charged and granted commissions on back ordered items once they are shipped unless notified of the discontinuance of such product. Back orders may be cancelled upon Independent Business Owner (IBO)'s request and will create a credit on the Independent Business Owner (IBO)'s account.
9.09 DAMAGED GOODS
The shipping company is responsible for any damage that occurs after it takes physical custody of the products. A Independent Business Owner (IBO) who receives damaged goods should follow this procedure:
a) Accept delivery;
b) Before the driver leaves, document on the delivery receipt the number of boxes which seem to be damaged and have the driver acknowledge the damage in writing;
c) Save the damaged products or boxes for inspection by the shipping agent;
d) Make an appointment with the shipping company to have the damaged goods inspected, and call the Company Customer Service Department.
9.10 SHIPPING LOSS
In the event Independent Business Owner (IBO) or a consumer does not receive a product order from Company in a timely fashion, the individual should contact the Sales Department at Ascend4Life.
9.11 REFUSED SHIPMENTS
Should Independent Business Owner (IBO) refuse delivery on any order he or she has placed with Company and such product is subsequently returned to Company; Company shall have the right to place that Independent Business Owner (IBO) on suspension pending resolution of the refusal of delivery. Neither Independent Business Owner (IBO) nor a consumer shall refuse any shipment from Company unless prior approval of Company has been obtained.
9.12 PRICING POLICY
Company will furnish Independent Business Owner (IBO)s with a discount from its published retail prices in its then current consumer catalog or order form in accordance with its policies. This discount does not apply to literature, business aids, gifts or special promotional items. Prices for Company's products, services and literature are subject to change without prior notice.
9.13 RECEIPTS
Independent Business Owner (IBO)s must provide all retail purchasers of Company's products with written receipts.
9.14 RETAIL PRICING
Company provides a suggested retail price as a guideline.
9.15 PROMOTIONAL ITEMS
All promotional items which bear Company name or logo must be purchased solely from Company unless prior written permission is obtained from Company.
9.16 SALES TAX
Company may collect sales tax on taxable items. Independent Business Owner (IBO)s may be responsible to collect and remit sales tax on personal retail sales to the appropriate tax agencies.
9.17 PLACE OF SALE
The integrity of Company's marketing plan is built upon person-to-person, one-on-one and in-home presentation methods of sale. Company's products may not be sold to or displayed by any retail outlet, including, but not limited to supermarkets or food stores, flea markets or swap meets, permanent restaurant displays, bars or night clubs or any such similar establishment, convenience stores or gas stations.
9.18 PRODUCT & SERVICES CLAIMS
Independent Business Owner (IBO)s may make no claim, representation or warranty concerning any product or service of Company, except those expressly approved in writing by Company or contained in official Company materials.
9.19 FAX BLASTS, SPAMMING
Fax blasting and unsolicited e-mailing (SPAMMING) is prohibited.
SECTION TEN: RETAIL GUARANTEE & REFUND POLICY
10.01 RETAIL CUSTOMER GUARANTEE
Independent Business Owner (IBO) offers a thirty (30) day, 100% money-back, and satisfaction guarantee to all retail customers. If a retail customer is dissatisfied with any product for any reason, then the retail customer may return that product in its original package and shipping container to the Independent Business Owner (IBO) who sold the product within thirty (30) days of purchase, for either replacement or a full refund of the purchase price. All other warranties and guarantees are disclaimed.
10.02 WARRANTIES
Except as expressly stated herein, Company makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through Company.
10.03 RETURN POLICIES
To return products you must obtain a return merchandise authorization (RMA) and return the products within 7 days after you receive the RMA. Company will refund the original purchase price of products, and related sales taxes. SHIPPING & HANDLING FEES ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL Company RECEIVES THEM. YOU WILL BE CHARGED A RESTOCKING FEE OF 10% TO RETURN PRODUCTS. Returned products must be in the same condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY.
NOTE: Company will not accept for return any products you purchased from a Reseller. In order to properly process a refund or exchange, Independent Business Owner (IBO)s must follow the steps and conditions set forth below:
All returns to Company must be accompanied by:
a) A signed statement from the retail customer identifying the reason for the return;
b) A copy of the original retail sales receipt; and
c) The name, address and telephone number of the retail customer
d) Company will prepay the cost of shipping the replacement product(s).
Independent Business Owner (IBO) request for refund may, at company's option, be treated as a termination of the Independent Business Owner (IBO)ship.
10.04 BUYER'S RIGHT TO CANCEL
Federal law grants a buyer the right to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25.00 or more that occur away from the seller's main office. Independent Business Owner (IBO)s must orally inform the buyer of the three-day right to cancel at the time the buyer purchases the goods and deliver 2 three-day cancellation notices to every customer.
SECTION ELEVEN: GENERAL PROVISIONS
11.01 INDEMNITY AGREEMENT
Each and every Independent Business Owner (IBO) agrees to indemnify and hold harmless Company, its shareholders, officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys' fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Independent Business Owner (IBO)s (a) activities as Independent Business Owner (IBO); (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
11.02 PROCESSING CHARGES
Company reserves the right to institute a processing charge for commission checks and/or genealogy requests.
11.03 OTHER SERVICES & PRODUCTS
Independent Business Owner (IBO)s may not promote or sell another company's products or services at functions organized to feature Company's products. Independent Business Owner (IBO)s are not restricted from selling other company's services and products which are not similar to or competitive with the products and services of Company. However promotion of competitive services, products and/or business programs with anyone, including Independent Business Owner (IBO)s, is strictly prohibited.
11.04 LIABILITY
To the extent permitted by law, Company shall not be liable for, and each Independent Business Owner (IBO) releases Company from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by Independent Business Owner (IBO) as a result of (a) the breach by Independent Business Owner (IBO) of the Agreement and/or the Terms and Conditions and/or the Policies and Procedures; (b) the operation of Independent Business Owner (IBO)'s business; (c) any incorrect or wrong data or information provided by Independent Business Owner (IBO); or (d) the failure to provide any information or data necessary for Company to operate its business, including, without limitation, the enrollment and acceptance of Independent Business Owner (IBO) into the Compensation Plan or the payment of commissions and bonuses.
11.05 RECORDKEEPING
Company encourages all Independent Business Owner (IBO)s to keep complete and accurate records of all their business dealings.
11.06 FORCE MAJEURE
Company shall not be responsible for delays or failure in performance caused by circumstances beyond a party's control, such as but not limited to: fire, flood, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees or orders and/or curtailment of a party's usual source of supply.
11.07 VIOLATIONS
It is the obligation of every Independent Business Owner (IBO) to abide by and maintain the integrity of the Policies and Procedures and Terms and Conditions. If Independent Business Owner (IBO) observes another Independent Business Owner (IBO) committing a violation, he or she should discuss the violation directly with the violating Independent Business Owner (IBO). If the Independent Business Owner (IBO) wishes to report such violation to Company, he or she must detail violations in writing only and mark the correspondence “Attention: Legal Department”.
11.08 AMENDMENTS
Company reserves the right to amend the Agreement, Policies and Procedures, Terms and Conditions, its retail prices, product and service availability and the Compensation Plan type at any time without prior notice as it deems appropriate. Amendments will be communicated to Independent Business Owner (IBO)s through official Company website and or official Company publications. Amendments are effective and binding upon submission to the Company website. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control.
11.09 NON-WAIVER PROVISION
No failure of Company to exercise any power under these Policies and Procedures or to insist upon strict compliance by Independent Business Owner (IBO) with any obligation or provision herein, and no custom or practice of the parties at variance with these Policies and Procedures, shall constitute a waiver of Company's right to demand exact compliance with these Policies and Procedures. Company's waiver of any particular default by Independent Business Owner (IBO) shall not affect or impair Company's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Business Owner (IBO). No delay or omissions by Company to exercise any right arising from a default effect or impair Company's rights as to that or any subsequent or future default. Waiver by Company can be affected only in writing by an authorized officer of Company.
11.10 GOVERNING LAW
The Agreement and these Policies and Procedures shall be governed by the laws of Union County NJ United States.
11.11 DISPUTES
In the event a dispute arises between the Company and a Independent Business Owner (IBO) regarding their respective rights, duties under this agreement, or in the event of a claim of breach of the Independent Business Owner (IBO) Agreement, it is agreed that such dispute shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at Union County NJ United States. The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney’s fees and costs to the prevailing party. An award of attorney’s fees and costs shall continue through any review, appeal or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.
11.12 ENTIRE AGREEMENT
The Policies and Procedures are incorporated into the Agreement and, along with the Terms and Conditions and Compensation Plan, constitute the entire agreement of the parties regarding their business relationship.
11.13 SEVERABILITY
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Policies and Procedures and Terms and Conditions, or any specification, standard or operating procedure which Company has prescribed is held to be invalid or unenforceable, Company shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Independent Business Owner (IBO) shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
11.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, COMPANY AND ITS INDEPENDENT BUSINESS OWNER (IBO)S, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND INDEPENDENT BUSINESS OWNER (IBO) HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY OWNED BY THE INDEPENDENT BUSINESS OWNER (IBO) AND ANY COMMISSIONS OWED TO THE INDEPENDENT BUSINESS OWNER (IBO).
11.15 NOTICE
Any communication, notice or demand of any kind whatsoever which either the Independent Business Owner (IBO) or Company may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication whether by telex, telegram, Email or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.
Home Office:
Ascend4Life
20 Commerce Drive
Cranford NJ 07016
United States
Email: customerservice@ascendlives.com
Phone: 800.531.6103
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