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POLICIES&
PROCEDURES
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POLICI
ES
&
PROC
EDURES
As a ViSalus Independent Promoter, I agree to uphold the integrity ofthe Company. I will be honest and fair in all of my dealings while actingas an Independent Promoter of ViSalus.
I will perform all of my professional activities in a manner that will
enhance my personal reputation, as well as uphold the positivereputation established by ViSalus.
I will be respectful to every person contacted in the course of my ViSalusbusiness. I understand that any harassment or improper treatment of
individuals can be grounds for the deactivation of my Promotership.
I will fulfill my leadership responsibilities as a sponsor, including thetraining and support of the Promoters in my organization.
I will not misrepresent ViSalus products or compensation plan, nor will Iengage in any other deceptive or illegal practice while representing ViSalus.
I will make only such claims for the products that are proven and are
approved by the Company.
I will conduct my independent ViSalus business in such a manner as torespect the products and professionalism of other companies.
I realize that network marketing is an exciting way of bringing a vast arrayof products and ser vices to the marketplace, and that ViSalus seeks to
further the cause of personal independence and true financial freedom.
I will remember, at all times, that only through service, to both Customersand Promoters, will real success truly manifest.
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POLICI
ES
&
PROC
EDURES I. REQUIREMENTS TO
BECOME A ViSalusINDEPENDENT PROMOTER(VIP)
Legal Age:
All persons applying to becomean Independent Promoter (VIP)
must be eighteen (18) years of
age or older.
VIP Agreement:
All VIPs must submit a VIP
Agreement to register with ViSalusand to receive commissions.
Identification Requirements:
ViSalus requires a Social Security
number of all VIPs for purposesof internal identification. All
Promoters will be given a PromoterIdentification Number that will
be used to track all transactionsand communication with ViSalus.Social Security numbers will be
kept strictly confidential.
A VIP must be a real person.Any attempt by a VIP to falsify
documents or enroll as a fictitiousperson or enroll a fictitious VIPor use a Social Security number
which is ficticious or does notbelong to the party indicated is
grounds for disciplinary actionincluding possible termination
of Promotership.
II. TYPES OF ENTITIESAS VIPs
Independent VIPs
An individual VIP is someone
who solely operates his or herown position.
Corporations & Partnerships:
To become a new VIP as acorporation, partnership, trust(Entity) or to change status,
one must complete and submitthe Corporation Enrollment
Information document, alongwith the Independent PromoterApplication. This includes providing
copies of all D.B.A. papersand the Employer Identification
Number (EIN) to ViSalus. All SocialSecurity numbers and names of
each individual partner, principal,
stockholder, officer and director
(Principal) must be provided.The Principal who submits theform must be authorized to enter
binding contracts on behalf ofthe Entity. No Entity may become
a VIP if any of its Principals iscurrently or has been, within
the twelve (12) calendar months
preceding the execution of thenew VIP agreement, an individual
VIP or Principal of another Entity,unless ViSalus has received written
notification of resignation as aPrincipal of the prior Entity VIP
no less than one (1) year priorto the new application. An activeVIP may change status from an
individual provided there is nochange of sponsoring/referring
VIP. An Entity may become a VIPsubject to review and approval by
ViSalus. It is not permissible forpartners applying as a partnershipor corporation to have been or
to currently be VIPs of anotherpartnership or corporation within
twelve (12) calendar monthspreceding the execution of the
agreement. If so desired, writtennotification of resignation ofposition must be received by
ViSalus and be on file for no lessthan one (1) year in order for
the request to be approved. Ifan active VIP desires to change
status from an individual to that ofa partnership or corporation, thispolicy does not apply, providing
there is no request for changeof sponsoring/referring VIP. A
partnership or corporation maybecome a VIP subject to review
and approval by ViSalus.
Number of Positions:
All legal entities as IDs must
adhere to the policy that noindividual may participate in morethan one (1) position in any form.
Marriages:
A husband and wife may operateas VIPs jointly or separately.Each will maintain their individual
positions; however, one must be inthe others line of enrollership.
If it is established that a husband
and wife are enrolled in separate
sales organizations, the second
position enrolled would bemoved under the first position.Any downline built under the
second position will remain withthat organization.
Promoters having positions in
separate organizations before
they were married who wishto maintain that position will
be grandfathered in. For Promoters who have
separate organizations andbecome married and wish to
work as a single organizationone of the Promoters will forfetheir position and join in their
spouses position. Should a husband and wife
divorce, who are working aposition jointly, ViSalus must
receive notice, signed by bothparties as to how the businesto be managed.
All requests regarding changes
names or Identification Numbersof the VIP position must be
submitted to [email protected] inwriting and agreed to by bothparties. ViSalus reserves the righ
to verify all authorizations prior tmaking any changes. Otherwise
ViSalus will only recognize theindividual whose Social Security
number was originally listed on VIP Agreement. ViSalus will onlycontinue to service the VIP who
remains in our system. This alsoapplies to those relationships th
qualify as common-law marriage
Family Members:
If a family member residing in th
same household as an existingPromoter enrolls as a ViSalus
Promoter, they must join within thexisting Promoters enrollment tr
III. POSITION CANCELLATIO
Cancellation:
To cancel a VIP Agreement orresign as a VIP, you must email
your request to [email protected] the email we have on file.
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If a Promoter account is suspended,
cancelled or terminated, a sale ofposition will not be permitted.
Return Policy for VIP cancellation:
ViSalus agrees to repurchase from
a resigning or terminating VIP allunencumbered products and sales
aids purchased by the VIP from
the Company within the previousthirty (30) days (or longer where
required by law) that are unusedand in commercially resalable
condition. Any and all commissionsand bonuses previously paid out
on such sale will be retracted uponthe return if the refund representsmore than 50% of the product
value originally received.
IV. RIGHTS OF VIPS
Qualifications for Commissionsand Bonuses:
For more details please see your
compensation plan manual.
Note: ViSalus reserves the right to
promote and demote VIPs at any time.
Debits:
VIPs are not required to subscribe
to or purchase any product orservice of any company with which
ViSalus contracts, or to purchase orsubscribe to any product or service
that ViSalus itself provides in orderto receive commissions. However,if a VIP chooses to do so, they will
pay all billing when due. If a VIPbecomes more than sixty (60) days
past due on any bill for serviceor products provided by ViSalus
or a company with which ViSaluscontracts, the VIP may have their
commissions debited in order tocover the past-due amount. The
VIPs position may be subjectto termination.
Commission Payment Minimums
and Surcharge:
All commission payments issuedby ViSalus are subject to aminimum of Ten dollars ($10.00).
Commissions and bonuses belowTen dollars ($10.00) will not be
paid out until such time as thecumulative amount of the weekly
or monthly commission owed is
POLICI
ES
&
PROC
EDURES If a Promoter would like to enroll
in a new position they must waittwelve months from the date of thecancellation of the other position.
Promoters who have been migrated
to Customer accounts due to failureto comply with the annual Promoter
Administration Fee policy are not
eligible to have their position bereinstated; however, they can enroll
as a new VIP after the twelvemonth wait period.
Willing/Transferring or Selling
a VIP Position:
A VIPs position may betransferred to another individual or
corporation by sale or request. If aVIP decides to sell a position he/
she must provide ViSalus with thefollowing documents in order for
the transaction to take place:1. Sale of Promotership Document;2. New VIP Agreement, signed by
the purchaser;3. Copy of the purchasers D.B.A.
papers (if purchaser is an Entity); and
4. One Hundred Dollar ($100.00) transfer fee payable to ViSalus.
In addition, the VIP selling ortransferring their position must
be an active Regional Directorfor the last ninety (90) days. The
selling VIP cannot enroll as a VIPfor a period of twelve (12) monthsafter the date of the sale. The VIP
cannot be involved in the act ofcross-line recruiting subsequent
to the sale or transfer of theposition. In the event that ViSalus
determines that the seller is guiltyof cross-line recruiting, the transfer
or sale of the position is null andvoid and the position will be
deactivated permanently.Any sale of a position is subject
to approval by the ViSalusCompliance Committee. An
existing Promoter cannot purchaseanother position. The sale of a VIPposition cannot be advertised via
any online centralized communitieswith classified advertisements; this
includes Craigslist, classified ads,SaleSpider, etc.
more than Ten dollars ($10.00).
Additionally, all commissionpayments are subject to a ThreeDollar ($3.00) administration fee
Prosperity Card (US Only) :
The Prosperity Card is availableall active VIPs and can be used
a debit MasterCardat ATM an
POS locations. Weekly and monpayment cycles are loaded to
the Prosperity Debit MasterCardif the VIP chooses this payment
method instead of checks. Cardloads are available instantly on
the appropriate payday. A one-time fee of $4.95 (within the US)will be charged upon activating
the Prosperity Card. Additionalfees will be applied for services
full details will arrive with the caYou will be able to manage, tra
and take advantage of the manother benefits of your accountonline in the ViSalus Back Office
Direct DepositUS:
Direct Deposit is available toall US Promoters. Bonuses and
commissions are transferreddirectly into the bank account ochoice, allowing for easy access
bonuses and commissions.
Direct DepositCAN:
Direct Deposit is available to al
Promoters within Canada. Bonusand commissions are transferreddirectly into the bank account of
choice, allowing for easy accessbonuses and commissions.
Check Reissues:
Should a VIP experience a delayin the receipt of his/her check a
wish to be issued a new check, theVIP will be responsible for a stop-
payment fee of Thirty dollars ($30.for the cancellation of the originalcheck and that fee will be deducte
from the replacement check.
Annual Administration Fee:
An annual $25 Administration Fewill be automatically charged to
each VIP in the month of theirenrollment anniversary date. Thi
is an automatic charge to thecard on file during the anniversa
month. This fee is for services
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POLICI
ES
&
PROC
EDURES which include, but are not limited
to, Customer and organizationalreporting, Customer and Promotersupport, and annual accounting
services. Failure to satisfy theAdministration Fee will result in
the Promotership being placed onFinancial Hold for up to ninety (90)
days. Any potential commissions
will be forfeited during this time.If the Administration Fee remains
unpaid after ninety (90) days, thePromotership will be deactivated
and downgraded to a CustomerAccount assigned to their original
sponsor. All sponsor and enrollerrelationships will roll up to thenext active upline Promoter. If a
deactivated Promoter decidesto pursue the ViSalus earnings
opportunity again, the Promotermust wait for twelve (12) months
from the migration date of theoriginal position.
V. ORDERING, PAYMENT,SHIPPING AND RETURNPOLICIES
Customers:
A Customer must be a realperson. Any attempt by a VIP
to falsify documents or enroll afictitious person as a Customer,
or knowingly use a Social Securitynumber which is ficticious or does
not belong to the Customer, isgrounds for disciplinary actionincluding possible termination.
Data Entry Procedures:
VIPs and Customers can placeorders or assist new VIPs to enter
their data directly through theonline system. Any orders placed
by 11:59pm PT will be countedtoward that same days production.
Faxed product orders and VIPagreements are entered intoViSalus system on the business
day that they are received.Paperwork received after 4:00pm
ET will be processed the followingbusiness day. All illegible orincorrectly completed paperwork
will be marked as pending anddelayed in processing. Orders
will be processed as received;therefore, VIPs should contact
ViSalus to check on a missing
order before submitting more
than once. Paperwork mustbe 100% correct. It is the VIPsresponsibility to verify the accuracy
of the information of any new VIPsyou sponsor or any Customers you
acquire. ViSalus employees makeevery attempt to read handwriting,
however if documents are illegible
ViSalus cannot guarantee that theywill be processed.
Methods of Payment/Delivery:
To process an order for productsand materials, simply place an
order via the shopping cart onlineor call, fax or mail your orderto the Order Entry Department.
All major credit cards areaccepted. Debit cards with Visa
or MasterCardlogo are alsoaccepted. To pay for your order by
money order, call 1-877-VISALUS orsend an email to [email protected].
When mailing the money order,simply supply the order number
given at the time of the quote orreference the term quote and
the order will be shipped the daypayment is received.
All ViSalus orders are shippedvia UPS or USPS. Next Day Air or
Two-Day Air Service is availableat additional charges (express
shipping is not available viashopping cart). VIPs who wouldlike to place orders in person
may do so MF from 95 ET atViSalus headquarters in Troy, MI.
It is recommended that you call inadvance to confirm that your order
is ready for pickup.
Wholesale:
As a benefit of being a Promoter
with ViSalus, we have created away for you to purchase all ViSalusproducts at a wholesale price,
providing you with an incredibleopportunity to receive discounts
on personal consumption andearn additional income if youdecide to sell retail products at the
Suggested Retail Price.
There are no requirements toreceive the wholesale price
other than being a registered
Promoter or Customer on Auto-
Ship with ViSalus. Productspurchased at wholesale price cabe received monthly by placing
them on Auto-Ship for convenienand efficiency.
ViSalus reserves the right to limi
Promoter and Customer orders
to a maximum of $4,999.00 in aone-month period regardless of
payment method. This includesplacing orders on more than on
account, using multiple creditcards in one persons name,
which would total an amountover the $4999.00. We do notsuggest or condone the practice
of ordering large quantities ofinventory for the sole purpose o
qualifying for a position in theViSalus Compensation Plan. To
protect against this, we monitor account activity on a monthly baand reserve the right to investig
or take disciplinary action shoulwe believe such practices may
be taking place. Should we findthat this has occurred, the order
will be pulled and any positionpromotions will be put on holduntil resolution is reached within
a reasonable amount of time.Inventory consists of any produc
Basic, Executive and Star PromoSystems and sales tools. No mo
than one Promoter System shoulbe purchased by a VIP.
Preferred Customer Pricing:
Preferred Pricing is offered to al
ViSalus Customers who wouldlike to receive specific products
from ViSalus on a monthly basisPreferred Customers are instant
a part of the Auto-Ship programand therefore count toward the
Promoter requirement of $125 inAuto-Ship volume.
Suggested Retail Pricing:
ViSalus Suggested Retail Pricing
is the designated value of eachViSalus product. ViSalus Promotewho purchase products at the
wholesale price are recommendto use the Suggested Retail Pric
when selling products for a retaprofit. All Customers who order
through ViSalus directly, who are
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to receive a refund for the value
of the saleable product returned.4. Returns of all saleable products
made more than thirty (30) days
from the delivery date will beeligible for product credit towards
other ViSalus products and aresubject to a 10% restocking fee.
5. Packages returned due to
unsuccessful deliveries (i.e., three(3) delivery attempts, Customer
moved, Customer gave incorrector incomplete address) may be
subject to additional shippingand handling charges to have
the product resent.6. Commissions of any type that
are paid to Promoters on
products that are ultimatelyreturned to ViSalus for refund
will be deducted from futureCommission payments.
7. Returns of more than $300.00within one (1) year willresult in termination of a
Promoters account.
90 DAY MONEY-BACKRESULTS GUARANTEE
Guarantee is available to
Customers and Promoters who:
Purchase a Challenge Kit and usethe products as directed
for 90 days; Goes Public with their
Challenge goal atchallenge.com; and
If the Customer or Promoter is
not satisfied with their Challengeresults after completing the above
steps, they must call 1-877-VISALUSwithin 10 days of completing
their Challenge. If a Promoter exercises the
guarantee, they will forfeit theirPromotership.
ViSalus Executive & Star
Promoter System and Business
Opportunity Return Policy:
A VIP who cancels the
Promotership within thirty (30)days of enrollment may returnunused products from the Executive
and Star Promoter System thatare unopened and in resalable
condition. A refund will be issuedfor the value of the Business
Opportunity ($49) and the value of
POLICI
ES
&
PROC
EDURES not enrolled as a Promoter, or
are not a Preferred Customer onAuto-Ship, will pay the SuggestedRetail Price of each product. Any
products purchased one time atthe Suggested Retail Price will
not count toward the Promoter$125 Auto-Ship qualification,
but will count toward the
$200 PQV Qualification. SeeViSalus Compensation Plan for
further details.
Suggested Retail Price is the pricethat must be used if selling ViSalus
product on an online auction site.Any product sold on any marketsite such as eBay or Amazon must
be sold at the Suggested RetailPrice with standard shipping and
handling costs applied. (See sectionVIII. Online Markets, Auctioning and
Social Media.)
Changes on a Customers Account:
To add or remove products on anAuto-Ship order, Customers and
Promoters must log into theirVi-Netonline office and make the
desired changes at least two (2)days prior to shipment. Changesmay also be emailed to
[email protected] two (2) days priorto the shipment date. Changes
made during or after the two-dayperiod may not take effect until the
following month.
Return Policy:
ViSalus stands behind all of itsproduct offerings and will accept
a return of products if they arenot to our Customers satisfaction
including products that theCustomer cannot utilize due
to medical reasons. Here arethe guidelines:
1. Exchanges for the same productwill be made for products that mayhave been damaged in transit.
2. Products that have beenpurchased for the first time
and dont meet our Customerssatisfaction can be returnedwithin thirty (30) days of delivery
for a full refund, less shippingand handling.
3. Returns of all other product mustbe made within thirty (30) days of
delivery of product orders in order
unused and saleable products u
to $450. If the value of the returproduct exceeds 50% of theproduct value originally received
the Fast Start Bonus received byPromoters on said sale will be
deducted from future commissioowed to those same Promoters.
If a VIP cancels the Promotershiwithin the first year but more tha
thirty (30) days after the enrollmdate, the same guidelines apply
however returned, saleableproducts will result in a product
credit equal to the discountedvalue of those products (up to$450) rather than a refund and
be subject to a restocking fee.
Return Procedure:
A Return Pre-Authorization Numb
is necessary for a return to beprocessed. The Customer orPromoter is required to contact
ViSalus at 1-877-VISALUS to obtaiPre-Authorization Number. Refund
cannot be processed without thinumber. When returning an orde
make sure the ViSalus invoice isincluded in the box. If a packagis returned without a Return
Pre-Authorization Number, theinformation will be documented
and the Customer or Promoterwill be required to call and
provide further information as towhy the package was returned.Unauthorized credits will not be
issued when a package is return
Customer Service: 1-877-VISALUSMonday-Friday: 24 hours
Saturday: 9:00am5:00pm ET
Invalid Preferred Order Policy
Sending in Preferred Customer
orders without the Customersconsent is a serious offense.Invalid Preferred Customer orde
are defined as orders sent in asPreferred Customer orders for
any purpose without the writtenauthorization from the CustomerSending in a preferred order
when a Customer stated thatthey would like to try the produc
one time may be consideredcredit card fraud and/or forgery
ViSalus investigates all Custome
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POLICI
ES
&
PROC
EDURES allegations of this kind and takes
appropriate action.
VI. OBLIGATIONS OF VIPS
Change of Personal Information:
VIP address information must becurrent and accurate in the system.
ViSalus is not responsible for mail
delays due to inaccurate and non-current residence information for
VIPs. VIPs must report any changeof address via Vi-Net.
When changing to an Entity name
and corresponding EIN, the VIPmust submit all of the followingdocuments to the home office
in order to process the requestfor change:
1. A copy of the SS4 form, whichis the form used to apply for an
EIN through the IDS, or any otherlegal document that distinctlydisplays your Entitys EIN.
2. Names and Social Securitynumbers of all the Entitys
principals.3. A newly completed VIP
Agreement, signed by anindividual authorized to enterinto binding agreements.
Independent Contractors/
Expenses/Indemnity:
All VIPs are responsible for any
and all expenses that resultfrom their business operation.Miscellaneous expenses include,
but are not limited to: licensesor permits required to operate a
business, legal fees connectedwith the use of a fictitious business
name, telephone expenses,product advertising, etc. No
VIP may bind ViSalus in anycontractual relationships with
their business other than the VIPAgreement. VIPs cannot and willnot sign any contract, rent or
lease office space or equipment,open any bank account, secure
credit, cash any negotiableinstrument, make any purchasesor enter into agreements of any
kind in the name of ViSalus. Suchpractices may result in VIP position
termination. Each VIP shall holdViSalus harmless from any claims,
damages, expenses or liabilities
arising out of that VIPs business
practices, including attorney feesarising out of actions or conduct inviolation of this agreement.
VIPs may enter into agreementsor contracts with other Promoters
or 3rd parties outside of ViSalus.Such agreements or contracts do
not concern ViSalus and as such,
ViSalus will not intervene to resolveconflicts arising out of those
agreements or contracts.
Each VIP shall hold ViSalus harmlessfrom any claims, damages,
expenses or liabilities arising outof that VIPs business practices,including attorney fees arising out
of actions or conduct in violation ofthis agreement.
VIPs may enter into agreements
or contracts with other Promotersor 3rd parties outside of ViSalus.Such agreements or contracts
do not concern ViSalus and assuch, ViSalus will not intervene to
resolve conflicts arising out of thoseagreements or contracts. Each
VIP shall hold ViSalus harmlessfrom any claims, damages,expenses or liabilities arising out
of those independent agreementsor contracts, including attorney
fees. ViSalus reserves the rightto intervene and/or demand the
termination of a contract if webelieve the contract is in violationof ViSalus Code of Ethics, Policies
& Procedures, the IndependentPromoter Agreement or could
potentially damage the ViSalusbrand or business.
Claims and Representations:
All VIPs begin with an equalopportunity for income. VIPs
will not make any statements orrepresentations regarding ViSalusservices and/or products other
than those provided in thesePolicies & Procedures and other
printed material available fromViSalus. Visalus products are notintended for use in the diagnosis,
cure, mitigation, treatment, orprevention of diseases; any such
claims about a ViSalus product areis strictly prohibited.
1. When an Agreement is signed
you become a self-employed,independent contractor.Independent Promoters do not
work for ViSalus, they work withViSalus, and hence they are no
employees of the Company. VIPs may not create or seek
to create the impression of
a relationship of employee/employer, agency, partnership
or joint venture between ViSaluand the VIP, any participant, o
referring VIP. Any implication oclaim that a VIP or prospective
VIP is or will be employed byViSalus is prohibited.
2. VIPs shall make no claim or
inference as to what may beearned. No guarantees of any
income or assurances of anyprofits or success are made
by ViSalus. Furthermore, anyprofits or success resulting fromactivities as a VIP will only be
from the sales volume, producor services offered by ViSalus
and any success achieved willbe based solely upon the VIP
efforts, commitment, and skill.3. Each VIP acknowledges that
no Attorney General or other
regulatory authority ever revieendorses or approves any
marketing company, its produor service, or its compensatio
plan, and will make no suchclaim to prospective ViSalusVIPs. In the event a question
shall arise concerning legalcompliance by ViSalus, the
matter shall be submitted tothe ViSalus Compliance
Committee in writing [email protected].
VIPs shall make no falseor misleading statements
concerning these relationshipsand understand that if they doso, their relationship with ViSa
may be immediately terminate
Reporting of Taxes:
VIPs are not considered employefor purposes of the Federal
Insurance Contributions Act, theSocial Security Act, the Federal
Unemployment Tax Act, lawsrequiring Income Withholding by
ViSalus or any other laws govern
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employees. It is the responsibility of
each VIP to make self-employmentand Federal Income Tax paymentsas required by law. ViSalus does
not deduct any personal taxes fromcommissions and/or bonuses. At
the end of the year, as required bylaw, ViSalus provides each VIP and
the Internal Revenue Service with
a 1099 Form. Currently, state lawsrequire the reporting of incomes of
Six Hundred ($600.00) dollars ormore. These laws may change over
time and ViSalus will furnish 1099Forms in accordance with those
laws. The 1099 Form reports thetotal income earned by each VIPfrom ViSalus during that year.
Returned Check Policy:
ViSalus will deposit checks once.Any check remaining unpaid will be
subject to a Twenty-dollar ($20.00)returned check fee. The VIP willbe deactivated until they have
remitted, via credit card, moneyorder or cashiers check only, the
total amount of the returned checkplus the returned check fee. Only
upon receipt of this payment will theVIP be reactivated. While a VIP isdeactivated for a returned check, all
commissions and/or bonuses will beheld until ViSalus has received the
total balance due. If a period of 30days has passed since a deactivation
for the NSF check and the balancedue has not been remitted, allcommissions and bonuses payable
will be permanently forfeited. ViSalusmay require that a VIP who has
previously had a check returned fornon-sufficient funds (NSF), remit all
payments for future transactions viacredit card.
Commission Charge-backs:
ViSalus pays commissions to theVIP based on the previous monthsvolume. In the event a product
should be returned, the VIP will becharged back for any commissions
generated by the sale of that product.The process will retract commissionsfrom the appropriate VIP and the
respective upline. This charge-backwill occur by debiting the VIPs
current monthly volume for the productamount. This will occasionally show
a negative amount for volume. To
POLICI
ES
&
PROC
EDURES remain qualified for their position, any
volume debited must be made upthrough additional sales bringing theVIPs volume back up to qualifications
defined within the compensation plan.
VII. PROHIBITEDPRACTICES OF VIPS
ViSalus conducts business in anethical and credible manner, and
expects all VIPs to work ethicallywith their Customers, with each
other, and with the Company.ViSalus permits no unethical
activity and ViSalus will intervenewhen unethical behavior is evident.ViSalus reserves the right to use
its best judgment in decidingwhether certain VIP activities are
unethical and if determined so,are grounds for terminating the
VIP position. If for any reasona VIP violates any of the termsof the Agreement and/or these
Policies & Procedures, ViSalusreserves the right to immediately
terminate the VIPs position. Suchaction by ViSalus will terminate
any and all rights of the VIP andany further payments of any kindand is effective at the time of the
violation. The ViSalus ComplianceCommittee will determine if a
violation has been made and theappropriate action or response.
Examples of unethical activityinclude, but are not limited to:
1. Providing false information onpaperwork, such as forging
signatures;2. Cross-line recruiting (see below);
3. Making false or misleadingrepresentations as to potential
income, product benefits, theactual use or effect of ViSalus
forms, the ViSalus relationshipwith its suppliers, or any otheruntrue statement regarding the
nature of ViSalus and its businessoperations and products;
4. Contacting any supplier orprovider with whom ViSaluscontracts without ViSalus written
authorization;5. Writing bad checks to either the
Company or another VIP;6. Depositing checks made
payable to ViSalus into personal
accounts instead of immediate
forwarding them to the Compa7. Spreading rumors throughout t
Company with malicious intent
and8. Failure to report any known
incidents of someone elseviolating the Policies &
Procedures or other suspicious
activity
Cross-Line Recruiting:
ViSalus strictly prohibits cross-li
recruiting which is the solicitatiof any VIP who was already
referred by another VIP. Directlyor indirectly soliciting involvemeof a referring VIP, or assisting in
the solicitation of a referring VIPof any existing or pending VIP
into another sales organization which they are not currently a VI
is also prohibited. The offendingenroller OR enrollee will facedisciplinary action, up to and
including termination.
Right to Enrollment
ViSalus believes in supporting a
as one community. Therefore, VIP from one business organizatextends an invitation to a poten
new VIP to attend a ViSalus liveevent, and the person attends, i
strictly prohibited for a second Vto enroll the potential new VIP.
The VIP who first extended theinvitation to the potential new V
has the right to enroll that persofor a period of ninety (90) days
from the date of the ViSalus liveevent that the potential new VIP
attended, at the invitation of thefirst VIP.
The potential new VIP attending
the ViSalus live event must be fuaware that they are attending thevent as a guest in order to lea
about ViSalus products andthe Company.
Examples of live ViSalus eventsare: Vitality, National Directors
Day and events which are VIP-run such as Challenge Parties
(VIP and at least two invitees),Local Success Trainings, Regiona
Success Trainings, National Succ
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POLICI
ES
&
PROC
EDURES Trainings, etc.
One-on-one meetings, where a VIPshows a video and serves a shake
to a potential VIP, do not meetthis definition.
Any violation of this policy will
result in immediate disciplinary
action; the following steps will beused to resolve the violation:
1. The upline Ambassador of theoffending enroller must contact
the upline Ambassador of theperson affected. They have seven
(7) days to come to a resolution.Both Ambassadors should contactViSalus Compliance with their
resolution.2. If the upline Ambassadors are
unable to resolve: To maintain the integrity of
the structure, ViSalus will movethe enrollee in question to thePromoter who had brought
the enrollee to the live ViSalusevent; and
The enroller in violation willreceive an official warning
letter from Complianceinforming them of theirviolation and will be placed on
a 90-day probation.3. If the same VIP has a 2nd violation:
The upline Ambassadors haveseven (7) days to come to a
resolution. If no resolution isagreed upon the enrollee willbe moved to the Promoter who
had brought the enrollee to thelive ViSalus event; and
The offending enroller willbe placed on a mandatory
30-day suspension for this2nd violation, regardless of
the Ambassadors resolution.During this suspension any
commission generated will beforfeited.
4. If the same VIP has a 3rd violation:
The upline Ambassadors havethe opportunity to come to a
resolution. If both Ambassadorsare unable to come toan agreement, the upline
Ambassador of the offendingPromoter will relinquish 10% of
their monthly commissions; and The VIP in violation will
be terminated.
The goal behind this policy is toensure that the newly enrolledVIP is placed under the VIP who
actually worked to enroll him/her.
The Compliance Committee willtake strong disciplinary action, if
in resolving the Right to Enrollment
issue, evidence comes to lightthat the parties misrepresented
the truth or lied regarding thesequence of events, extending an
invitation to attend a live event ordate the new Promoter attended
his/her first ViSalus live event, etc.
Deceptive Enrollments:
Any attempts of a Promoter toredirect individuals to their own
site for enrollment purposes, in lieuof the site of the Promoter where
the individual intended to enroll,is grounds for disciplinary actionincluding possible termination of
Promotership. Any positions createdas a result of this activity will be
moved to the correct enroller.
Switching Teams:
It is strictly prohibited for a VIP toswitch from one sponsor line to
another. If a VIP enrolls someonewho is already in ViSalus, the 2nd
position is deemed null and voidand will be deactivated. Any VIPs
enrolled under this 2nd positionwill remain as is. The offendingenroller OR enrollee will face
disciplinary action, up to andincluding termination.
Promoting other multi-level
marketing companies versus
pre-existing income from another
multi-tiered compensation plan
(multi-level marketing company):
Once an Individual becomes aViSalus Promoter, he/she can nolonger actively promote another
MLM company, regardless whetherthe products or services are
competing or not.ViSalus promoters are allowed
to keep income from a previousMLM company, so long as ViSalus
policy on active promotingand recruiting into another
business entity is followed
(see above paragraph).
If a husband and wife own separapositions in ViSalus, and one of
them begins to promote anotherMLM, both positions are subject to
suspension and/or termination.
Recruiting ViSalus Promoters i
another business entity:It is strictly prohibited to
contact, solicit or recruit any VIPwhether active or inactive, into
any organization that utilizes amulti-tiered compensation plan
(multi-level marketing companyor MLM). Promoting and/orrecruiting via any type of social
media is a violation of this policViSalus reserves the right to see
appropriate remedies againstPromoters who engage in this
activity including legal actionwhere appropriate. Where thereis reasonable proof that a VIP is
actively promoting another MLMand/or recruiting another VIP in
another MLM opportunity, theoffending VIP will be placed on
immediate suspension, pendingan investigation.
If the investigation confirms theallegations, the offending VIP will
immediately terminated from ViSa
Inventory Loading:
ViSalus reserves the right to limiPromoter and Customer orders
to a maximum of $4,999.00 in aone-month period regardless of
payment method. This includesplacing orders on more than on
account, using multiple creditcards in one persons name,
which would total an amountover the $4,999.00. We do not
suggest or condone the practiceof ordering large quantities ofinventory for the sole purpose o
qualifying for a position in theViSalus Compensation Plan. To
protect against this, we monitor account activity on a monthly baand reserve the right to investig
or take disciplinary action shoulwe believe such practices may
be taking place. Should we findthat this has occurred, the order
will be pulled and any position
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POLICI
ES
&
PROC
EDURES promotions will be put on hold
until resolution is reached withina reasonable amount of time.Inventory consists of any products,
Basic, Executive and Star PromoterSystems and sales tools. No VIP
should purchase more than onePromoter System.
Spam:Spam is a message that advertises
goods or services posted to amessage board against stated
policy, sent to someone withoutprior consent, or sent in the
absence of a previous relationship.For purpose of ViSalus Anti-SpamPolicy, Spam includes:
Email sent to people youdont know;
Emails sent to people you know,but who arent expecting a
solicitation from you; Off-topic or excessive messages
posted to Usenet news groups
and message boards; and Solicitations posted to chat rooms,
or individuals via Internet RelayChat or Instant Messaging.
ViSalus strictly prohibits its VIPsfrom spamming and all other forms
of Internet abuse to seek referrals.
Tampering of Funds:
Any VIP tampering with funds or
operating a bank account in thename of ViSalus, or any similarname may have their VIP
position terminated.
Contact with Suppliers:
VIPs are strictly prohibited from
having any direct contact withsuppliers whom ViSalus contracts
unless it is in specific relation toa personal account they currently
have with the supplier. A VIPmay contact a supplier in regardto a ViSalus Customer only with
prior written authorization fromViSalus. Please direct Customers to
contact their appropriate providerof service directly to resolveany problem or issue that may
incur. ViSalus has contracted withcompanies that have trained staff
available to handle such situations.
Sponsor/Enroller Changes &
Structure Changes:
ViSalus believes in and maintainsthe maximum protection of the
sponsor/enroller or enrolling andsponsoring relationship. ViSalus
has one of the longest waitingrooms in the industry at sixty
(60) days. Therefore, no structure
changes are permitted after sixty(60) days of enrollment. Changing
of a sponsor or enroller is strictlyprohibited unless the VIP has been
resigned for one (1) full calendaryear. The only method for changing
relationship is to submit a writtenrequest of resignation or interest ina position; only after a period of no
less than one (1) full calendar yearfrom the date of the resignation,
will authorization to rejoin underanother VIP be permitted.
NOTE: ViSalus will not mediate any
disputes involving sponsorship.
However, ViSalus does reserve the
right to review sponsoring/enrolling
practices.
Retail Sales Policy:
ViSalus has chosen a Direct Sales/Network Marketingmodel rather
than other possible retail models.Therefore, Promoters are expected
to rely on networking to sellproduct and recruit new Promoters
pursuant to the following policies.
Public Retail Venues:
Promoters shall not advertise, storeor sell ViSalus products in public
retail establishments, includingbut not limited to health food
stores, drug stores, pharmacies,grocery stores, flea markets, chain
stores, shopping malls or anyother similar establishments in
which the primary function is theretail sale of products rather thanprofessional services.
Private Retail Venues:
ViSalus promotional materialsand products may be displayedin the interior of private or
restricted-access offices, business,private associations, fitness clubs
and other establishments intowhich the general public is not
allowed except by appointment
or membership and in which
the primary trade is the sale ofprofessional services, not produThis Policy does not apply to
online retail store sales. (See thfollowing section on Online Stor
and Retail Sales).
VIII. ONLINE STORES AND
RETAIL SALES
ViSalus maintains a comprehenssuite of web services and tools t
support its VIPs in their individuabusinesses. These are more tha
enough to support any VIP andany organization in leveragingonline retail sales as a tool to
promote the brand, the productsand the opportunity. However, V
are independent businesspersoand some may choose to host a
maintain their own websites thaare wholly or partially devotedto generating retail sales. Even
a personally maintained landingpage is linked to the ViSalus
back office in order to completetransactions, it is still considered
personally-hosted website and isubject to this section.
ViSalus requires advanceregistration of these proposed
websites or web pages. TheVIP Retail Website Certification
Application is available onrequest from the ComplianceDepartment, or it may be submitt
on-line at policies.vi.com. On receof a completed Registration Form
ViSalus will provide guidelinesfor the proper construction and
operation of the site in order toensure full compliance with the
Policies & Procedures. ViSalus wilthen review the site pre-launch an
if it is deemed to be satisfactory,ViSalus will issue a Letter ofCertification. There will be a
registration fee of $2,500.00 andan annual audit fee $500.00.
No VIP website may launch untilthe Registration Form is complet
the initial fee is paid, and theCertification Letter is issued by t
Compliance Department. Failureto follow this procedure is a
Policy & Procedure violation and
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POLICI
ES
&
PROC
EDURES will result in disciplinary action up
to and including deactivation ofyour position.
Please contact the ComplianceDepartment at compliance@
visalus.com for further informationor to request a Registration Form.
VIPs who are already operatingpersonal websites should contact
the Compliance Departmentimmediately to complete this
process retroactively. Those whodo not will eventually be contacted
and required to do so.
IX. ONLINE MARKETS,AUCTIONING ANDSOCIAL MEDIA
Appearance of Corporate
Sponsorship and/orEndorsement:
It is strictly prohibited for VIPs to
create marketing materials thatmay be mistakenly perceived to
be created by ViSalus Corporate.ViSalus Independent Promoter
should be prominently displayed,on all Online Markets, Auctionand Social Media pages so as to
avoid any confusion of Corporatesponsorship or endorsement.
Any use of ViSalus trademarks,
logos, etc. without approval is alsoprohibited on social media pages.
Online Auction Sites and
Internet Malls:
Online auction sites, most notablyeBay, can be valuable tools
for building and promoting theViSalus business. However, they
can also be terribly damagingto the brand and the opportunity
because they are often-viewed asa place to dump cheap, flawedor unsatisfactory goods. In the
public eye, a key indication ofquality issues is a willingness to
sell at a discount and needless tosay, discounting occurs as a matterof routine on eBay. Even if quality
is not called into question, thesesales can generate severe issues
between VIPs as retail customersare drawn away from the VIPs who
actually cultivated them.
In light of the foregoing, and in
order to preserve and protectViSalus brand and businessreputation for high quality and
service, ViSalus will only permitsales on eBay (or any other
auction site) at the SuggestedRetail Price along with applicable
shipping & handling fees (free
shipping & handling is prohibited).
In addition, any VIP who liststhe products on eBay or another
auction site must include his orher ID# on the page where the
products are being promoted soas to ensure that our sales arecompletely transparent and give
no indication that we do not standby our products both as individuals
and as a company.
Some Internet sites or malls, suchas Amazon, are not necessarilydevoted to the auctioning of
products, but may neverthelessbecome problematic for the
reasons set forth above and forother reasons. ViSalus reserves
the right, in its sole and absolutediscretion, to require that VIPsdiscontinue or alter their usage of
such sites when it is our belief thatusage is damaging the ViSalus
brand or our business reputation.
Failure to comply with theforegoing will result in seriousdisciplinary action up to and
including deactivation of positions.
Social Media Sites:
Social media is a large part of the
ViSalus culture, and VIPs shouldpromote their business accordingly.
Prohibited practices are any socialmedia pages, links, blogs, etc.
where the page is attempting toappear like a ViSalus corporate-sponsored page. Social media
sites include but are not limitedto: Facebook, Twitter, LinkedIn,
Myspace, BranchOut, Spoke, etc.
X. SALES TOOLS
Sales Tools & Merchandise:
ViSalus strives to provide ourIndependent Promoters with the
tools they need to market and
promote their business effectively
ViSalus encourages Promoters to thepre-approved marketing tools tha
are available to Promoters inVi-Net found under marketing too
Promoters are also encouragedto use Vi-Net as their marketing
system. At times, Promoters reque
permission to create their ownmarketing tools and materials. Fo
those occasions, we have createdthe following policies to protect b
the Company Brand and Trademaas well as ensure Independent
Promoters do not make claimsthat misrepresent the Company,the business and income, or
ViSalus products.
Use of Trademarks, Trade
Names and Logos:
ViSalus is the sole owner of theirtrademarks. By signing theirIndependent Promoter Agreemen
each Independent Promoteragrees not to use the Companys
trademarks, trade names, or logoor any variations thereof in any w
without prior written consent byViSalus. These belong exclusivelyViSalus, which endeavors to prote
the name ViSalus, the trademark,the trade names and the designs
labels, to prevent unauthorized us
A trademark or logo is a proprietaname or symbol that ViSalus has texclusive right to use.
A trademark also includes the
names used for ViSalus productsA trade name is a business nam
that ViSalus has the exclusive rigto use. Company names such as
ViSalus and ViSalus Canada areour legal trade names.
Promotional Items:
VIPs are allowed to create pers
promotional items using the preapproved marketing tools found
Vi-Net and the Vi-Store.
Any marketing materials outside
pre-approved marketing tools minclude the words Independent
Promoter to make it clear that thitem is not Corporate-sponsored
or endorsed.
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POLICI
ES
&
PROC
EDURES Apart from the pre-approved
marketing tools available inVi-Net, and the Vi-Store, it is notpermissible for a VIP to use the
Companys trade name and/or trademark on promotional
items including but not limitedto: apparel (t-shirts, hats, other
clothing), promotional items (pens,
decals, car window shields, etc.),advertising (TV, radio, Internet),
print tools (flyers, postcards,banners, brochures, etc.), website
domains, website systems(replicable websites, training, etc.),
mobile applications and otherforms of display that promotethe Company, the products, or
the opportunity.
Marketing and Educational
Materials:
Company marketing tools andmaterials may not be duplicated orreproduced. This includes manuals,
Audio CDs, DVDs, brochures,business cards, websites, web
videos, etc. Reproduction ofunapproved Corporate-developed
materials for personal use orre-sale profit will not be toleratedand can result in termination and
financial ramifications.
Independent Marketing Tools
and/or Services:
The intent behind Promoter-produced materials should beto support the building of their
ViSalus business. Promotersshould not be in the business
of soliciting other Promoters tobuy independent products or
services. Promoters may not sellindependent products or services
on ViSalus-promoted websites, atCompany-sponsored events, on
Facebook, other social media sitesor community forums where theViSalus community has a presence.
This includes marketing servicesthat target ViSalus Promoters. A
Promoter can market and/or usetools such as lead generationsystems or similar products within
its organization, but cannot sellthese tools to other Promoters.
Marketing and/or use of suchtools is restricted to within the
Promoters organization only.
Ambassador Exceptions:
Under certain conditions, 3-StarAmbassadors and above maybe permitted to create additional
marketing materials for personal andteam use only. Such items should not
be promoted across lines to otherteams. Any item created outside those
provided by the Company must use
the Independent Promoter logosprovided by the Company, and will
not misrepresent the item or messageas being a corporate-sponsored or
endorsed item. Any supplementalmaterials created by the Ambassador
must be approved in writing by theViSalus Compliance Department beforethey can be used. Send the request
and a copy of the proposed item orliterature to [email protected].
Upon approval all material MUSTstay in the same format. Any changes
must be resubmitted to Compliancefor approval.
The Promoter income opportunityshould revolve around the sale
of ViSalus products. No morethan 5% of a 3-Star (or above)
Ambassadors total income shouldbe made from selling their owntools. ViSalus reserves the right to
ask for an audit of sales, to ensurecompliance with a focus on selling
ViSalus products. Refusal of theaudit is grounds for termination.
Advertising and Media:
Advertising, including Radio,
TV, and Affiliate (Internet leadgeneration) programs, Internet
banner ads, and other typesof marketing tools that mention
ViSalus products or opportunity,must follow the same policy and
be approved by the Companybefore they are aired, to ensure
compliance with the brand, andproduct and opportunity claims.
Directories:
Promoters may feature ViSalus on
personal websites, but must seekapproval by sending an email [email protected] before
uploading to the Internet andregistering with any search engines.
Promoters may list Promoter
telephone or fax numbers in the
white or yellow page section of a
telephone book using the followiformat exactly: Smith, Bob
ViSalus Independent Promoterxxx-xxx-xxxx
Any violation of the above policie
could result in the termination of
your Promotership. A Promoterwho uses unapproved marketing
materials assumes all liability forany claims that may violate FTC o
FDA regulations. Promoters whoviolate this policy can also be
held responsible for any potentiarevenue loss, legal fees or otherCompany losses that may result
from their violation.
Implications of Policy Violatio
ViSalus may undertake, at its so
discretion, with or without prior notthe following actions upon a violatof any of the policies.
Frozen Accounts/Suspension:
Upon the receipt of a crediblecomplaint ViSalus may immedia
freeze the VIP account of theindividual implicated in the abusFrozen accounts are intended to
prevent the abuser from benefitifrom their abusive activities by
prohibiting the offender fromregistering referrals or receiving
payments. After a thoroughinvestigation, if the incident isverified but does not rise to the
level of a terminable offense,ViSalus may, but is not obligated
to, lift the freeze.
VIP Account Termination:
Upon the receipt of a credible
complaint, ViSalus mayimmediately terminate the
VIP implicated in the abuse.Deactivating a VIP results in theimmediate termination of the
position, access to all reports, thforfeiture of any future monies, a
the prohibition against any futurVIP position.
If a VIP is terminated, theirpersonally enrolled downline wi
roll up to the next direct upline sin good standing and be placed
within sixty (60) days.
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POLICI
ES
&
PROC
EDURES If a Promoter is deactivated for
any behavior that ViSalus deemsunethical or against the policies,ViSalus reserves the right to
terminate the VIPs spouse due toa conflict of interest.
SUMMARY OF POLICIES &PROCEDURES
ViSalus has developed these
Policies & Procedures in order tomaintain order and integrity in our
program and between our VIPs.ViSalus reserves the right to make
any and all necessary changes tothese Policies & Procedures, theCompensation Plan, and sales tools
or materials. All active VIPs will bemade aware of any changes via the
Resource Library in Vi-Net or emailnotification. If for any reason a VIP
violates any of the terms of theAgreement and/or these Policies& Procedures, ViSalus reserves the
right to immediately terminate ordeactivate the VIP position. Such
action by ViSalus will terminateany and all rights of the VIP and
any further payments of any kind,and is effective at the time ofsaid violation.
How to Report Abuse:
To report a violation of any of theViSalus policies, please forward
all relevant evidence to theViSalus Compliance Committee:[email protected] or write to:
ViSalus340 E Big Beaver Rd #400
Troy, MI 48083
ViSalus INDEPENDENTPROMOTER (VIP) TERMSOF AGREEMENT
By joining ViSalus these are theTerms you have agreed to. Referto the Policies & Procedures for
detailed information.1. I acknowledge that I am of legal
age to enter into this Agreementand that I am a real person.
2. I understand and acknowledge
that this Agreement is not bindinguntil received and accepted
by ViSalus.3. I agree that as a Promoter, I am
responsible for determining my
own business activities and that
I am not an agent, employeeor legal representative ofViSalus. I am responsible for the
payment of all federal and stateemployment taxes and any other
tax required under any federal,state or regulatory law. In the
event that I fail to provide ViSalus
a valid Social Security Number oremployer identification number,
ViSalus may withhold commissionsdue to me until a valid number
is provided.4. I understand that I am not being
sold a franchise or businessopportunity.
5. I may cancel this Agreement
for any reason, at any time,by giving ViSalus prior written
notice. ViSalus may terminatethis Agreement in writing upon
violation of Policies & Proceduresor in the event I violate anypart of this Agreement. In such
event, no further commissionswill be paid by ViSalus. To cancel
this Agreement, I must emailnotification of cancellation to
[email protected]. I agree that as a ViSalus
Promoter, I shall place primary
emphasis upon the sale ofProducts and Services to
non-Promoter consumers asa condition of my receipt of
commissions. Commissions Ireceive will be based uponfulfilling certain terms of
qualification as set forth bythe Marketing Program and
Compensation Plans as may beamended from time to time. A
Three Dollar ($3.00) processingfee will apply to all payments.
7. I agree to keep accurate recordsand to abide by all federal, state,
and local laws and regulationsgoverning the sale or solicitationof the products and services
marketed by ViSalus including,but not limited to, any and all
permits and licenses required toperform under this Agreement.
8. I understand that no attorney
general or other regulatoryauthority ever reviews, endorses,
or approves any product,subscription, compensation
program or company, and I will
make no such claim to others.
9. I understand that a $25Administration Fee will becharged annually to my credit
card on file with ViSalus. Thisfee is for services, which includ
but are not limited to, downlinereporting, Customer tracking
and accounting services. The
Administration Fee will becharged in the month of my
enrollment anniversary andif not paid will result in my
Promotership being placed onFinancial Hold for up to ninety
(90) days. If the AdministrationFee remains unpaid ninety(90) days after it was due, my
Promotership will be terminateand downgraded to a Custom
Account and I will forfeit anycommissions that were held
since the time I was placedon Financial Hold. If myPromotership is terminated, I
understand that I must re-enroas a brand-new Promoter and
not be placed back in my origspot if I wish to pursue the ViSa
opportunity again. I understanthat I will have to wait for atwelve (12) month period from
date of the termination.10. I agree that ViSalus shall not b
liable under any circumstancefor any damage or loss of any
kind, including indirect, speciapunitive, compensatory, orconsequential damages, losse
or profits which may result fromany cause, including but not
limited to, breach of warranty,delay, act, error or omission
of ViSalus, or in the event ofdiscontinuation or modification
of a product or service offeredby ViSalus.
11. ViSalus shall periodicallymake sales literature and/or promotional materials
available. However, I am undeno obligation to purchase any
materials or literature at anytime. Refunds shall not beallowed under any circumstan
including, but not limited to,termination of this Agreement,
obsolescence of such salesliterature or promotional mater
or any other reason. Except as
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the Circuit Court for Oakland
County, State of Michigan, orFederal Court located in DetroMichigan. Michigan law shall
apply to the resolution of alldisputes. Louisiana residents
may choose Louisiana lawand jurisdiction.
20. I acknowledge that I have
read and fully understand theViSalus Policies & Procedures
and Compensation Plan, whichare incorporated herein by
reference and are binding upome. In order to maintain a viab
marketing program and tocomply with changes in federastate or local laws or economi
conditions, ViSalus may revise Compensation Plan and Polici
& Procedures from time to timeAll changes thereto shall be
effective upon verbal or writtennotice to me and become abinding part of this Agreemen
21. I acknowledge that thisAgreement, Compensation Pla
and the Policies & Proceduresincorporated herein by referen
constitute the entire Agreemenbetween the parties and shallnot be modified or amended
except in writing, signed byViSalus. This Agreement sha
be binding upon and inure tthe benefit of heirs, successo
and permitted assigns ofthe parties hereto. If anyprovision of the Agreement i
determined by any authorityof competent jurisdiction to
be invalid or unenforceablein part or in whole for any
reason whatsoever, the validof the remaining provisions o
portions thereof shall not beaffected thereby.
22. During the term of this Agreem(including any amendments), Iwill not sell any other products
services whether competing ornot, for any MLM entity. I agree
that I no longer promote anyother organization that utilizes multi-tiered compensation plan
23. During the term of this Agreem(including any amendments)
and for one (1) year thereafterunderstand and agree that I w
not contact, solicit or recruit an
POLICI
ES
&
PROC
EDURES specified in paragraph 25.
12. I agree that as a Promoter, thisAgreement grants me the limitedauthority to promote and sell the
products ViSalus markets subjectto the terms and conditions
established by ViSalus.13. I will not make any false or
misleading statements about
ViSalus or its marketing program.I agree that I will operate in a
lawful, ethical and moral mannerand will not engage in or perform
any misleading, deceptive orunethical practices. In the event
I violate any of these conditions,my position may be terminatedwithout further payment or
compensation of any kind.14. I acknowledge that I am
responsible for supervisingand supporting the Promoter I
sponsor into the program andin my commissionable network.I agree to maintain monthly
communication and supportto those individuals in my
commissionable network throughwritten or verbal communication
and attendance at meetings.15. I acknowledge that ViSalus
expressly reserves all proprietary
rights to the Companystrademarks, trade names,
logos (Proprietary Marks)and copyrighted materials. I
understand, acknowledge andagree that any monies that Ipay ViSalus are in consideration
of my receiving a non-exclusivelicense, during the term of this
Agreement, to use the ProprietaryMarks of ViSalus stipulated
in the Policies & Proceduresand in conjunction with the
marketing program providedto me. I further agree that I will
not use ViSalus ProprietaryMarks in any form whatsoeverexcept as permitted in writing
by ViSalus or in advertising orpromotion materials provided,
designed or published byViSalus. I understand that I maynot photocopy or duplicate
any materials provided by orpurchased from ViSalus without
written authorization and thatthe unauthorized use of any
Proprietary Mark is a violation of
federal law and this Agreement
constituting grounds fortermination of this Agreementby ViSalus.
16. I understand that as a Promoter,I am free to select my own
means, methods and mannerof operation and that I am
free to choose the hours and
location of my activities underthis Agreement subject only to
the terms of this Agreement andViSalus Policies & Procedures.
17. I acknowledge that I amnot guaranteed any income
nor am I assured any profitsor success. I certify that noclaims of guaranteed profits
or representations of expectedearnings that might result from
my efforts have been made byViSalus or any ViSalus Promoters.
In this connection, I shall notrepresent directly or indirectly thatany person may, can or will earn
any stated gross or net amountnor that sponsorship of others
is easy to secure or retain, orthat substantially all Promoters
will succeed.18. I acknowledge that I have the
right to sign up as many personal
Customers as I wish. I will receivea commission each month
from my personal Customerspurchases and my downline
network in accordance with theViSalus Compensation Plan thenin effect.
19. I agree to indemnify and holdharmless ViSalus from any and
all claims, losses, damagesand expenses, including any
attorneys fees, arising out of myactions or conduct in violation of
this Agreement, CompensationPlan or any Policy or Procedure
of ViSalus. I agree that in orderto recoup any damages andexpenses it has incurred due
to such violation(s), ViSalusmay offset any commissions or
other payments due me. In theevent a dispute arises as to therespective rights, duties and
obligations under this Agreement,Compensation Plan or the
Policies & Procedures of ViSalus,it is agreed that such disputes
shall be exclusively resolved in
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POLICI
ES
&
PROC
EDURES VIP, whether active or inactive,
into any organization that utilizesa multi-tiered compensationplan. This includes indirect
recruiting via any social media.I acknowledge that my violation
of this provision will result inimmediate termination of my
Promotership and payments of
any kind.24. I understand that if for any reason
a VIP violates any of the termsof the Agreement and/or these
Policies & Procedures, ViSalusreserves the right to immediately
deactivate or terminate myposition. Such action by ViSaluswill terminate any and all of my
rights and any further paymentsof any kind and is effective at the
time of said violation.25. ViSalus Executive and Star
Promoter System and BusinessOpportunity Return Policy: AnIndependent Promoter who
resigns their Promotership andcancels this Agreement within
thirty (30) days of enrollmentmay return unused products from
the Executive and Star PromoterSystem which are unopened andin resalable condition. A refund
will be issued for the value of
the Business Opportunity ($49)and the value of unused andsaleable products up to $450.
If an Independent Promotercancels their Promotership within
their first year but more than30 days after their enrollment
date, the same guidelines apply,
however returned, saleableproducts will result in a product
credit equal to the discountedvalue of those products (up to
$450) rather than a refundand will be subject to a
restocking fee.
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8/13/2019 Policies and Procedures Visalus
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With ViSalus, every new Promoter has an equal opportunity. Your personal desire, work ethic and
willingness to learn our proven system will determine the level of success you have within the program.
SUPPORT INFORMATIONToll-Free Promoter Relations:
1-877-VISALUSMondayFriday: 24 hours
Saturday: 9:00am5:00pm ET
Toll-Free Customer Relations:
1-877-VISALUS
MondayFriday: 24 hoursSaturday: 9:00am5:00pm ET
vi.com
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