We are passionate concerning the health, and well being of
our Independent Marketing Consultants, Consumers and those that contribute to
the greater good by raising the value the public obtains from our products and
business. We are committed to providing an exceptional financial and personal
development opportunity for anyone committed to raising personal standards and
furthering the mission of our company.
We will provide all our Independent Marketing Consultants
with an exceptionally dynamic wellness opportunity centered on financial reward
and enriched by personal growth. We are committed to teaching our
people ways to leverage time, money and knowledge to create optimal
health, and personal wealth while enhancing the integrity of the Direct Sales Industry
as a career opportunity. We are dedicated to growing our company by
growing our people while raising the standards of excellence for the
profession as a whole.
SECTION 2 - INTRODUCTION
2.1 - Policies and Compensation Plan Incorporated
into Independent Marketing Consultant Agreement
These Policies
and Procedures, in their present form and as amended at the sole discretion of AliveMax.com (hereafter AliveMax.com or the
Company), are incorporated into, and form an integral part of, the AliveMax.com Independent Marketing Consultant
Agreement (hereafter IMC). Throughout
these Policies, when the term Agreement is used, it collectively refers to
the AliveMax.com Independent Group of
Distributors Application and Agreement (hereafter AliveMax IMC Application
and Agreement), these Policies and Procedures, the AliveMax.com Marketing and Compensation Plan, and the AliveMax.com Business Entity Registration Form
(if applicable). These documents are
incorporated by reference into the AliveMax.com IMC Agreement (all in their current form and
as amended by AliveMax.com ). It is
the responsibility of each Independent Marketing Consultant (hereafter IMC)
to read, understand, adhere to, and ensure that he or she is aware of and
operating under the most current version of these Policies and Procedures. When enrolling a new IMC, it is the
responsibility of the Enroller to ensure that the applicant is provided with,
or has online access to, the most current version of these Policies and
Procedures and the AliveMax.com Marketing and Compensation Plan prior to his
or her execution of the IMC Agreement.
2.2 - Purpose of Policies
AliveMax.com
is a direct sales company that markets its products through Independent Representatives
(IMCs). It is important to understand
that your success and the success of your fellow IMCs depend on the integrity
of the men and women who market our products.
To clearly define the relationship that exists between IMCs and AliveMax.com and, to explicitly set a standard for acceptable business conduct, AliveMax.com has established the Agreement.
AliveMax.com IMCs are required to comply with all of the Terms and Conditions set forth in
the Agreement which AliveMax.com may amend at its sole discretion from time
to time, as well as all federal, state, and local and Country laws governing
their AliveMax.com business and their conduct. Because you may be unfamiliar with many of
these standards of practice, it is very important that you read and abide by
the Agreement. Please review the
information in this manual carefully. It
explains and governs the relationship between you, as an independent contractor
and the Company. If you have any
questions regarding any policy or rule, do not hesitate to seek an answer from AliveMax.com.
2.3 - Changes to the Agreement
Because
federal, state, local laws, and country laws as well as the business
environment, periodically change, AliveMax.com reserves the right to amend
the Agreement and its prices at its sole and absolute discretion. By signing the IMC Agreement, an IMC agrees
to abide by all amendments or modifications that AliveMax.com elects to make. Amendments shall be effective upon notice to
all IMCs that the Agreement has been modified.
Notification of amendments shall be published in official AliveMax.com materials. The Company shall provide or
make available to all IMCs a complete copy of the amended provisions by one or
more of the following methods: (1) posting on the Companys official web site;
(2) The IMC back office (3) electronic mail (e-mail); (4) inclusion in Company
periodicals; (5) inclusion in bonus and commission checks. (5) Acceptance of
bonuses or commissions constitutes acceptance of any and all amendments.
2.4 - Delays
AliveMax.com
shall not be responsible for delays or failures in performance of its
obligations when performance is made commercially impracticable due to
circumstances beyond its reasonable control.
This includes, without limitation, strikes, labor difficulties, riot,
war, fire, death, curtailment of a partys source of supply, or government
decrees or orders.
2.5 - Policies and Provisions Severable
If
any provision of the Agreement, in its current form or as may be amended, is
found to be invalid, or unenforceable for any reason, only the invalid
portion(s) of the provision shall be severed and the remaining terms and
provisions shall remain in full force and effect and shall be construed as if
such invalid, or unenforceable provision never comprised a part of the
Agreement.
2.6 - Waiver
The Company
never gives up its right to insist on compliance with the Agreement and with
the applicable laws governing the conduct of a business. No failure of AliveMax.com to exercise any
right or power under the Agreement or to insist upon strict compliance by an IMC
with any obligation or provision of the Agreement, and no custom or practice of
the parties at variance with the terms of the Agreement, shall constitute a
waiver of AliveMax.coms right to demand exact compliance with the
Agreement. Waiver by AliveMax.com can
be effectuated only in writing by an authorized officer of the Company. AliveMax.coms waiver of any particular
breach by an IMC shall not affect or impair AliveMax.coms rights with
respect to any subsequent breach, nor shall it affect in any way the rights or
obligations of any other IMC. Nor shall
any delay or omission by AliveMax.com to exercise any right arising from a
breach affect or impair AliveMax.coms rights as to that or any subsequent
breach.
The existence
of any claim or cause of action of an IMC against AliveMax.com shall not constitute a defense to AliveMax.coms enforcement of any term or provision of the Agreement.
SECTION 3 - BECOMING
AN IMC
3.1 - Requirements to Become an IMC
To become an AliveMax.com IMC, each applicant must:
a)
Be of the age of majority in his or her state or
country of residence;
b)
Reside in the United States a U.S. Territory or
any country that AliveMax.com has
officially announced is open for business;
c)
Have a valid Social Security or Federal Tax ID number;
or Country ID number
d)
Purchase an AliveMax.com Starter Kit (except where
optional); and
e)
Submit a properly completed IMC Application and
Agreement to AliveMax.com.
3.2 - New IMC Registration by Telephone or Fax
As an
alternative to registering by mail or online (at the Companys website or at
the replicated website of his or her Enroller), a potential new IMC may call
the AliveMax.com home office during
regular business hours to receive an IMC Identification Number and
authorization as a new IMC. You must
know your enrollers ID. Your enroller will provide the contact telephone
number and appropriate business hours based on your country of origin.) If the applicant registers by telephone, he
or she must be able to provide all necessary IMC Agreement information over the
telephone and order a Starter Kit and/or Product using a valid credit
card.
3.3 - IMC Benefits
Once an IMC
Application and Agreement has been accepted by AliveMax.com ,the benefits of
the Marketing and Compensation Plan and the IMC Agreement are available to the
new IMC. These benefits include the
right to:
a) Sell AliveMax.com products and services;
b) Participate in the AliveMax.com
Marketing and Compensation Plan (receive bonuses and commissions, if eligible);
c) Enroll other individuals as IMCs
or Customers into the AliveMax.com business and thereby, build a marketing
organization and progress through the AliveMax.com Marketing and Compensation Plan;
d) Receive periodic AliveMax.com literature
and other AliveMax.com communications;
e) Participate in AliveMax.com -sponsored
support, service, training, motivational and recognition functions, upon
payment of appropriate charges, if applicable; and
f) Participate in promotional and incentive
contests and programs sponsored by AliveMax.com for its IMCs.
3.4
- Term and Renewal of Your AliveMax.com Business
The term of the IMC Agreement is one year
from the date of its acceptance by AliveMax.com (subject to reclassification for inactivity
after six months pursuant to Section 11.3).
IMCs must renew their IMC Agreement each year by paying an annual
renewal fee on or before the anniversary date of their IMC Agreement. If the renewal fee is not paid within 30 days
after the expiration of the current term of the IMC Agreement, the IMC
Agreement will be canceled. You will be notified 30 days in advance of your
renewal date.
SECTION 4 - OPERATING
AN ALIVEMAX.COM BUSINESS
4.1 - Adherence to the AliveMax.com Marketing and Compensation Plan
IMCs must
adhere to the terms of the AliveMax.com Marketing and Compensation Plan as
set forth in official AliveMax.com literature. IMCs shall not offer the AliveMax.com opportunity through, or in combination with,
any other system, program, or method of marketing other than that specifically
set forth in official AliveMax.com literature. IMCs shall not require or encourage other
current or prospective Service Subscribers or IMCs to participate in AliveMax.com in any manner that varies from the program as set forth in official AliveMax.com literature. IMCs shall not require
or encourage other current or prospective Customers or IMCs to execute any
agreement or contract other than official AliveMax.com agreements and
contracts in order to become an AliveMax.com Subscriber or IMC. Similarly, IMCs shall not require or
encourage other current or prospective Customers or IMCs to make any purchase
from, or payment to, any individual or other entity to subscribe to AliveMax.com.
Products or to participate in the AliveMax.com Marketing and Compensation
Plan other than those purchases or payments identified as recommended or
required in official AliveMax.com literature.
4.2 - Advertising
4.2.1 - General
All IMCs
shall safeguard and promote the good reputation of AliveMax.com and its services. The marketing and promotion of AliveMax.com,
the AliveMax.com opportunity, the Marketing and Compensation Plan, and AliveMax.com products shall be consistent with the public interest, and must avoid
all discourteous, deceptive, misleading, unethical or immoral conduct or
practices.
To promote
both the AliveMax.com products and the tremendous opportunity AliveMax.com offers,
IMCs must use the sales aids and support materials produced by AliveMax.com. The rationale behind this requirement is
simple. AliveMax.com has carefully
designed its Product offerings, Marketing and Compensation Plan, and
promotional materials to ensure that each aspect of AliveMax.com is fair,
truthful, substantiated, and complies with the vast and complex legal
requirements of federal, state and country laws. If AliveMax.com IMCs were allowed to
develop their own sales aids and promotional materials (which includes Internet
advertising), notwithstanding their integrity and good intentions, the
likelihood that they would unintentionally violate any number of statutes or
regulations affecting an AliveMax.com business is almost certain. These violations, although they may be
relatively few in number, would jeopardize the AliveMax.com opportunity for
all IMCs.
Accordingly,
IMCs must not produce their own
literature, advertisements, sales aids and promotional materials, or
Internet web pages.
AliveMax.com will not permit IMCs to create side-businesses selling sales aids to
other AliveMax.com IMCs.
IMC Web Sites
If an IMC
desires to utilize an internet web page to promote his or her business, he or
she may do so through the Companys replicated website program only. This program permits IMCs to advertise on
the Internet and to choose from among a variety of home page designs that can
be personalized with the IMC's message and the IMC's contact information. These websites seamlessly link directly to
the official AliveMax.com website giving the IMC a professional and
Company-approved presence on the Internet. No IMC may independently design a website
that uses AliveMax.coms names or logos, or descriptions of AliveMax.com products, or otherwise promotes (directly or
indirectly) AliveMax.com products or
the AliveMax.com opportunity. Nor may an IMC use "blind" ads on
the Internet that make AliveMax.com income claims or claims about the AliveMax.com
products that are ultimately associated with AliveMax.com products, the AliveMax.com opportunity, or
the AliveMax.com Marketing and Compensation Plan. The use of any other internet website or web
page (including without limitation auction sites such as eBay, Craigslist, etc.)
to in any way promote the sale of AliveMax.com products, the AliveMax.com opportunity,
or the Marketing and Compensation Plan is a breach of the Agreement and may
result in any of the disciplinary sanctions set forth in Section 9.1.
4.2.2 - Blogs, Chat Rooms, Social Networks, Online
Auctions, and other Online Forums
IMCs shall not
use online blogs, chat rooms, social networks, online auctions sites, or any
other online forum to market, sell, advertise, promote, or discuss AliveMax.coms
services or the AliveMax.com opportunity.
4.2.3 - Domain Names and
Email Addresses
IMCs may not use
or attempt to register any of AliveMax.coms trade names, trademarks, service
names, service marks, product names, the Companys name, or any derivative
thereof, for any Internet domain name. Nor
may IMCs incorporate or attempt to incorporate any of the Companys trade
names, trademarks, service names, service marks, product names, the Companys
name, or any derivative thereof, into any electronic mail address.
4.2.4 - Trademarks and Copyrights
AliveMax.com will
not allow the use of its trade names, trademarks, designs, or symbols by any
person, including IMCs, or Customers without its prior, written permission. IMCs
may not produce for sale or distribution any recorded Company events and
speeches without written permission from AliveMax.com nor may IMCs reproduce
for sale or for personal use any recording of Company-produced audio or video
tape presentations.
4.2.5 - Media and Media Inquiries
IMCs must
not attempt to respond to media inquiries regarding AliveMax.com, its products,
services, or their independent AliveMax.com business. All inquiries by any type of media must be
immediately referred to AliveMax.coms Operations Department. This policy is designed to assure that
accurate and consistent information is provided to the public as well as a
proper public image.
4.2.6 - Unsolicited Email
AliveMax.com
does not permit IMCs to send unsolicited commercial emails unless such emails
strictly comply with applicable laws and regulations including, without
limitation, the federal CAN SPAM Act. Any email sent by an IMC that promotes AliveMax.com products , the AliveMax.com opportunity, or AliveMax.com services must
comply with the following:
a)
There must be a functioning return email address to the
sender.
b)
There must be a notice in the email that advises the
recipient that he or she may reply to the email, via the functioning return
email address, to request that future email solicitations or correspondence not
be sent to him or her (a functioning opt-out notice).
c)
The email must include the IMCs physical mailing
address.
d)
The email must clearly and conspicuously disclose that
the message is an advertisement or solicitation.
e)
The use of deceptive subject lines and/or false header
information is prohibited.
f)
All opt-out requests, whether received by email or
regular mail, must be honored. If an IMC receives an opt-out request from a
recipient of an email, the IMC must forward the opt-out request to the Company.
g)
The IMC must inform the recipient that the email is not
from AliveMax.com and reveal the name of the third party email provider.
AliveMax.com may periodically send commercial
emails on behalf of IMCs. By entering into the IMC Agreement, IMC agrees
that the Company may send such emails and that the IMCs physical and email
addresses will be included in such emails as outlined above. IMCs shall
honor opt-out requests generated as a result of such emails sent by the
Company.
4.2.7 - Unsolicited Faxes
Except as provided in this section, IMCs
may not use or transmit unsolicited faxes or use an automatic telephone dialing
system relative to the operation of their AliveMax.com businesses. The
term automatic telephone dialing system means equipment which has the capacity
to: (a) store or produce telephone numbers to be called, using a random or
sequential number generator; and (b) to dial such numbers. The terms
"unsolicited faxes" means the transmission via telephone facsimile or
electronic mail, respectively, of any material or information advertising or
promoting AliveMax.com , product, services, its compensation plan or any
other aspect of the company which is transmitted to any person, except that
these terms do not include a fax or e-mail: (a) to any person with that
person's prior express invitation or permission; or (b) to any person with whom
the IMC has an established business or personal relationship. The term
"established business or personal relationship" means a prior or
existing relationship formed by a voluntary two way communication between an IMC
and a person, on the basis of: (a) an inquiry, application, purchase or
transaction by the person regarding products or services offered by such IMC;
or (b) a personal or familial relationship, which relationship has not been
previously terminated by either party.
4.3 - Bonus Buying Prohibited
Bonus buying
is strictly and absolutely
prohibited. Bonus Buying includes: (a) the enrollment of individuals or
entities without the knowledge of and/or execution of an Independent IMC
Application and Agreement by such individuals or entities; (b) the fraudulent
enrollment of an individual or entity as an IMC or Subscriber; (c) the
enrollment or attempted enrollment of non-existent individuals or entities as IMCs
or Subscribers (phantoms); (d) Purchasing AliveMax.com products or services on behalf of another IMC
or Subscriber, or under another IMCs or Subscribers I.D. number, to qualify
for commissions or bonuses; (e) the
submission of an unauthorized
request for products or service to an individuals or entitys credit card (or
bank account) and/or (f) any other mechanism or artifice to qualify for rank
advancement, incentives, prizes, commissions or bonuses that is not driven by
bona fide service subscriptions by end user consumers.
4.4 - Business Entities
A corporation,
limited liability company (LLC), partnership or trust (collectively referred to
in this section as a (Business Entity)
may apply to be an AliveMax.com IMC by
submitting its Certificate of incorporation, Certificate of Organization, Partnership
Agreement or trust documents (these documents are collectively referred to as
the Entity Documents) to AliveMax.com , along with a properly completed
Business Entity Registration Form. If an
IMC enrolls online, the Entity Documents and Business Entity Registration Form
must be submitted to AliveMax.com within 30 days of the online enrollment. (If
not received within the 30-day period, the IMC Agreement shall automatically
terminate.) The Business Entity
Registration Form must be signed by all of the shareholders, partners or
trustees. Members of the entity are jointly
and severally liable for any indebtedness or other obligation to AliveMax.com.
Regarding
transfers and assignments of AliveMax.com Business.
If an additional partner, shareholder,
member, or other business entity affiliate is added to a business entity, the
original applicant must remain as a party to the original IMC Application and
Agreement. If the original IMC wants to
terminate his or her relationship with the Company, he or she must transfer or
assign his or her business. If this process is not followed, the business shall
be canceled upon the withdrawal of the original IMC. All bonus and commission checks will be sent
to the address of record of the original IMC.
Please note that the modifications permitted within the scope of this
paragraph do not include a change of
sponsorship. Changes of sponsorship are
addressed in Section 4.5, below. There
is a $25.00 fee for each change requested, which must be included with the
written request and the completed IMC Application and Agreement. AliveMax.com may, at its discretion,
require notarized documents before implementing any changes to an AliveMax.com
business. Please allow thirty (30) days
after the receipt of the request by AliveMax.com for processing.
Changes
to a Business Entity
An AliveMax.com
business may change its status under the same Placement Sponsor from an
individual to a partnership, LLC, corporation or trust, or from one type of
entity to another. There is a $25.00 fee
for each change requested, which must be included with the written request and
the completed IMC Application and Agreement.
Such changes shall be processed only once per year and must be submitted
by November 30 to become effective on January 1 of the following year. In addition, IMCs operating their AliveMax.com
business utilizing a business entity must notify AliveMax.com of the addition
or removal of any officers, directors, shareholders, managers, members or
business associates of the business entity.
4.5 - Change of Placement Sponsor
To protect the integrity of all marketing
organizations and safeguard the hard work of all IMCs, AliveMax.com strongly
discourages changes in sponsorship.
Maintaining the integrity of sponsorship is critical for the success of
every IMC and marketing organization. Accordingly, the transfer of an AliveMax.com business from one Placement Sponsor to another is rarely permitted and
must be approved in writing by AliveMax.com. Such approval may be granted or
denied at AliveMax.coms sole and absolute discretion.
Requests for change of sponsorship must be
submitted in writing to the IMC Services Department, and must include the
reason for the transfer. Transfers will
only be considered in the following three circumstances:
4.5.1 - Misplacement
In cases in
which the new IMC is placed under a
Placement Sponsor other than the individual he or she was led to believe would
be his or her Placement Sponsor, an IMC may request that he or she be
transferred to another organization with his or her entire marketing
organization intact. Requests for
transfer under this policy must be made within 60 days from the date of
enrollment and the IMC requesting the change has the burden of proving that he
or she was placed beneath the wrong Placement Sponsor. All requests for transfer alleging
misplacement shall be evaluated on a case by case basis.
4.5.2 - Upline Approval
The IMC
seeking to transfer submits a properly completed and fully executed Letter of Sponsorship
Transfer Request which includes the written approval of his or her immediate up-
line IMCs and all parties whose
income will be affected by the transfer. Photocopied or facsimile signatures are not
acceptable. All IMC signatures must be
notarized. The IMC who requests the
transfer must submit a fee of $50.00 for administrative charges and data
processing. If the transferring IMC also
wants to move any of the IMCs in his or her marketing organization, each down-line
IMC must also obtain a properly completed Letter of Sponsorship Transfer Request and
return it to AliveMax.com with the $50.00 change fee (i.e., the transferring IMC
and each IMC in his or her marketing organization multiplied by $50.00 is the
cost to move an AliveMax.com business.)
Down-line IMCs will not be moved with the transferring IMC unless all
of the requirements of this paragraph are met.
Transferring IMCs must allow thirty (30) days after the receipt of the Letter
of Sponsorship Transfer Request by AliveMax.com for processing and verifying change requests.
In cases where
in the appropriate sponsorship change procedures have not been followed, and a down-line
organization has been developed by an IMC, AliveMax.com reserves the sole and
exclusive right to determine the final disposition of the down-line
organization. Resolving conflicts over
the proper placement of a down-line that has developed under an organization
that has improperly switched Placement Sponsors is often extremely
difficult. Therefore, IMCS WAIVE ANY AND ALL CLAIMS AGAINST ALIVEMAX.COM THAT RELATE TO OR ARISE FROM ALIVEMAX.COM S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT
DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF
SPONSORSHIP.
4.5.3- Cancellation and
Re-application
An IMC may
legitimately change organizations by voluntarily canceling his or her AliveMax.com business and remaining inactive (i.e.,
no sales of AliveMax.com products, no enrolling or sponsoring of IMCs, no
customers, no attendance at any AliveMax.com functions, participation in any other form of IMC activity, or operation
of any other AliveMax.com business)
for six (6) full calendar months.
Following the six month period of inactivity, the former IMC may reapply under a new Enroller and/or
Placement Sponsor.
4.6 - Unauthorized Claims and Actions Indemnification
An IMC is
fully responsible for all of his or her verbal and written statements made
regarding AliveMax.com products, services and the Marketing and Compensation
Plan which are not expressly contained in official AliveMax.com materials. IMCs agree to indemnify AliveMax.com and AliveMax.coms directors, officers,
employees, and agents, and hold them harmless from any and all liability including
judgments, civil penalties, refunds, attorney fees, court costs, or lost
business incurred by AliveMax.com as a result of the IMCs unauthorized
representations or actions. This
provision shall survive the termination of the IMC Agreement.
4.6.1-Product Claims
No claims
(which include personal testimonials) regarding the results, features or benefits
of AliveMax.coms products or services may be made except those that are
consistent with the claims contained in official AliveMax.com literature. Not only do such claims violate AliveMax.com policies, but they potentially
violate federal and state, country laws and regulations, including in the
U.S.A. the Federal Trade Commission Act.
4.6.2-Income Claims
In their
enthusiasm to enroll prospective IMCs, some IMCs are occasionally tempted to
make income claims or earnings representations to demonstrate the inherent
power of network marketing. This is
counterproductive because new IMCs may become disappointed very quickly if
their results are not as extensive or as rapid as the results others have
achieved. At AliveMax.com we firmly
believe that the AliveMax.com income potential is great enough to be highly
attractive, without reporting the earnings of others.
Moreover, the
Federal Trade Commission, several states and many countrys have laws or
regulations that regulate or even prohibit certain types of income claims and
testimonials made by persons engaged in network marketing. While IMCs may believe it beneficial to
provide copies of checks, or to disclose the earnings of themselves or others,
such approaches have legal consequences that can negatively impact AliveMax.com
, as well as the IMC making the claim unless appropriate disclosures required
by law are also made contemporaneously with the
income claim or earnings
representation. Because AliveMax.com
IMCs do not have the data necessary to comply with the legal requirements for
making income claims, an IMC, when presenting or discussing the AliveMax.com opportunity
or Marketing and Compensation Plan to a prospective IMC, may not make income
projections, income claims, or disclose his or her AliveMax.com income (including
the showing of checks, copies of checks, bank statements, or tax records).
4.7 - Commercial Outlets
IMCs may not
sell AliveMax.com products from a commercial outlet, nor may IMCs display or
sell AliveMax.com products, services or literature in any retail or service
establishment.
4.8 - Trade Shows, Expositions and Other Sales Forums
IMCs may display and/or sell AliveMax.com
products or services at trade shows and professional expositions. Before submitting a deposit to the event
promoter, IMCs must contact the IMC Services Department in writing for
conditional approval, as AliveMax.coms policy is to authorize only one AliveMax.com business per event. Final approval
will be granted to the first IMC who submits an official advertisement of the
event, a copy of the contract signed by both the IMC and the event official,
and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event
specified. Any requests to participate
in future events must again be submitted to the IMC Services Department. AliveMax.com further reserves the right to
refuse authorization to participate at any function which it does not deem a
suitable forum for the promotion of its products or services or the AliveMax.com
opportunity. Approval will not be given
for swap meets, garage sales, flea markets or farmers markets as these events
are not conducive to the professional image AliveMax.com wishes to portray.
4.9 - Conflicts of Interest Non-solicitation
AliveMax.com
IMCs are free to participate in other multilevel or network marketing business
ventures or marketing opportunities (collectively network marketing). However, during the term of this Agreement, IMCs
may not Recruit other AliveMax.com IMCs
or Customers for
any other network marketing business. Following
the cancellation of this Agreement, and for a period of six months thereafter, with
the exception of an IMC who is (a) personally enrolled by the former IMC; and
(b) who is on the former IMCs first downline level (frontline) [criteria (a)
and (b) must both be met], a former IMC may not Recruit any AliveMax.com IMC
or Customer for another network marketing business. IMCs and the Company recognize that because
network marketing is conducted through networks of independent contractors
dispersed across the entire United
States and internationally, and business is
commonly conducted via the internet and telephone, an effort to narrowly limit
the geographic scope of this non-solicitation provision would render it wholly
ineffective. Therefore, IMCs and AliveMax.com agree that this non-solicitation provision shall apply to all markets in
which AliveMax.com conducts business.
IMCs must not sell, or attempt to sell,
any competing non-AliveMax.com programs, products or services to AliveMax.com
Customers or IMCs. Any program or
service in the same generic category as AliveMax.com services is deemed to be
competing, regardless of differences in cost, functionality or features.
IMCs may not display AliveMax.com services
or promotional material with any other promotional material, products or
services in a fashion that might in any way confuse or mislead a prospective Customer
or IMC into believing there is a relationship between the AliveMax.com and the non-AliveMax.com products or
services. IMCs may not offer the AliveMax.com opportunity or services to
prospective or existing Subscribers or IMCs in conjunction with any non-AliveMax.com program, opportunity, product or service.
IMCs may not offer any non-AliveMax.com opportunity, products or
services at any AliveMax.com -related meeting, seminar or convention, or
immediately following such event.
4.9.1 - Downline
Activity (Genealogy) Reports
Downline Activity Reports are available
for IMC access and viewing at AliveMax.coms official web site. IMC access to their Downline Activity Reports
is password protected. All Downline Activity Reports and the
information contained therein are confidential and constitute proprietary
information and business trade secrets belonging to AliveMax.com. Downline Activity Reports are provided to IMCs
in strictest confidence and are made available to IMCs for the sole purpose of
assisting IMCs in working with their respective Downline Organizations in the
development of their AliveMax.com business.
IMCs should use their Downline Activity Reports to assist, motivate,
and train their downline IMCs. The IMC and AliveMax.com agree that, but for
this agreement of confidentiality and nondisclosure, AliveMax.com would not provide Downline Activity Reports to
the IMC. An IMC shall not, on his or her
own behalf, or on behalf of any other person, partnership, association,
corporation or other entity:
a)
Directly or indirectly
disclose any information contained in any Downline Activity Report to any third
party;
b)
Directly or
indirectly disclose the password or
other access code to his or her Downline Activity Report;
c)
Use the information contained in any Downline Activity
Report to compete with AliveMax.com or
for any purpose other than promoting or supporting his or her AliveMax.com business; or
d)
Recruit or solicit any IMC or Subscriber listed on any Downline
Activity Report, or in any manner attempt to influence or induce any IMC or Subscriber
, to alter their business relationship with AliveMax.com.
Upon demand by the
Company, any current or former IMC will return the original and all copies of
Downline Activity Reports to the Company.
4.10 - Targeting Other Direct Sellers
AliveMax.com neither condones IMCs
specifically or consciously targeting the sales force of another direct sales
company to sell AliveMax.com products or to become IMCs or Customers for AliveMax.com ,nor does AliveMax.com condone IMCs solicitation or enticement of
members of the sales force of another direct sales company to violate the terms
of their contract with such other company.
Should IMCs engage in such activity, they bear the risk of being sued
by the other direct sales company. If
any lawsuit, arbitration or mediation is brought against an IMC alleging that
he or she engaged in inappropriate recruiting activity of its sales force or customers,
AliveMax.com will not pay any of IMCs defense costs or legal fees. AliveMax.com will not indemnify the IMC for any judgment, award, or settlement.
4.11 - Cross-Enrolling
Actual
or attempted cross sponsoring is strictly
prohibited. Cross Enrolling is defined
as the enrollment of an individual who or entity that already has a current AliveMax.com IMC or Customer Agreement on file with AliveMax.com , or who has had
such an agreement within the preceding six calendar months, within a different
line of sponsorship. The use of a
spouses or relatives name, trade names, DBA's, assumed names, corporations,
partnerships, trusts, federal ID numbers, or fictitious ID numbers to
circumvent this policy is prohibited. IMCs
shall not demean, discredit or defame other AliveMax.com IMCs in an attempt to entice another IMC to
become part of the first IMCs marketing organization.
If Cross Enrolling
is discovered, it must be brought to the Companys attention immediately. AliveMax.com may take disciplinary action
against the IMC that changed organizations and/or those IMCs who encouraged or
participated in the Cross Enrolling. AliveMax.com may also move all or part of the offending IMCs downline to his or her
original downline organization if the Company deems it equitable and feasible
to do so. However, AliveMax.com is
under no obligation to move the Cross Enrolled IMCs downline organization, and
the ultimate disposition of the organization remains within the sole discretion
of AliveMax.com . IMCs waive all claims and causes of action against AliveMax.com arising from or relating to the disposition of
the Cross Enrolled IMCs downline organization.
4.12 - Errors or Questions
If
an IMC has questions about or believes any errors have been made regarding
commissions, bonuses, Downline Activity Reports, or charges, the IMC must
notify AliveMax.com in writing within 60 days of the date of the purported
error or incident in question. AliveMax.com will not be responsible for any errors, omissions or problems not reported
to the Company within 60 days.
4.13
- Governmental Approval or
Endorsement
Neither federal nor state regulatory
agencies or officials approve or endorse any direct selling or network
marketing companies or programs. Therefore,
IMCs shall not represent or imply that AliveMax.com or its Marketing and
Compensation Plan have been "approved," "endorsed" or
otherwise sanctioned by any government or country agency.
4.14 - Holding Applications or Orders
IMCs must not manipulate enrollments of
new applicants and purchases of AliveMax.com services.
All IMC Applications and Agreements and service subscriptions must be
sent to AliveMax.com within 72 hours from the time they are signed by an IMC
or placed by a Customer, respectively.
4.15 - Identification
All
IMCs are required to provide their Social Security Number, a Federal Employer
Identification Number or Country Card number to AliveMax.com on the IMC
Application and Agreement. Upon
enrollment, the Company will provide a unique IMC Identification Number to the IMC
by which he or she will be identified.
This number will be used to place orders, and track commissions and
bonuses.
4.16 - Income Taxes
Each IMC is
responsible for paying local, state and federal taxes on any income generated
as an Independent IMC. If an AliveMax.com
business is tax exempt, the Federal tax identification number or other such
exempt documentation must be provided to AliveMax.com. Every year, AliveMax.com
will provide an IRS Form 1099 MISC
(Non-employee Compensation) earnings statement to each U.S. resident who: 1)
Had earnings of over $600 in the previous calendar year; or 2) Made purchases
during the previous calendar year in excess of $5,000.
During
enrollment, we do not collect your Social Security number, or EIN. When you
have reached an income level of $600 we are required by federal law to collect
this information. When you have received payments that are equal to or more
than $600 we will request that you provide us with this data. You will not
be allowed access to you web site back office or to continue as an IMC until we
receive this information.
4.17 - Independent Contractor Status
IMCs are
independent contractors, and are not purchasers of a franchise or a business
opportunity. The agreement between AliveMax.com and its IMCs does not create
an employer/employee relationship, agency, partnership, or joint venture
between the Company and the IMC. IMCs shall not be treated as an employee for
his or her services or for Federal or State Country tax purposes. All IMCs are responsible for paying local,
state, federal and country taxes due from all compensation earned as an IMC of
the Company. The IMC has no authority
(expressed or implied), to bind the Company to any obligation. Each IMC shall establish his or her own
goals, hours, and methods of sale, so long as he or she complies with the terms
of the IMC Agreement, these Policies and Procedures, and applicable laws.
The name of AliveMax.com and other names as may be adopted
by AliveMax.com are proprietary trade names, trademarks and service marks of AliveMax.com . As such, these marks are of great value to AliveMax.com and are
supplied to IMCs for their use only in an expressly authorized manner. Use of AliveMax.com name on any item not produced by the Company is prohibited except as
follows:
IMC's Name
AliveMax.com Independent Marketing Consultant
All IMCs may list themselves as an AliveMax.com Independent Marketing Consultant
in the white or yellow pages of the telephone directory under their own
name. No IMC may place telephone
directory display ads using AliveMax.coms name or logo. IMCs may not answer the telephone by saying AliveMax.com , AliveMax.comorporated, or in any other manner that would lead the
caller to believe that he or she has reached corporate offices of AliveMax.com.
4.18 - Insurance
You may wish to arrange insurance coverage
for your business. Your homeowners
insurance policy probably does not cover business-related injuries, or the theft
of or damage to inventory or business equipment. Contact your insurance agent to make certain
that your business property is protected.
This can often be accomplished with a simple Business Pursuit
endorsement attached to your present home owners policy.
4.19 - International Marketing
Because of critical technological, legal,
and tax considerations, AliveMax.com must limit the sale of AliveMax.com
products, services and the presentation of the AliveMax.com business to
prospective Customers and IMCs located within the United States ,U.S.
Territories and those other countries that
the Company has announced are officially opened for business. Moreover, allowing a few IMCs to conduct
business in markets not yet opened by AliveMax.com would violate the concept
of affording every IMC the equal opportunity to expand internationally.
Accordingly, IMCs are authorized to sell AliveMax.com products and services and enroll other IMCs only in the countries in
which AliveMax.com is authorized to conduct business, as announced in official
Company literature. IMCs may sell,
give, transfer, or distribute AliveMax.com sales aids only in their home country. In addition, no IMC may, in any unauthorized
country: (a) conduct sales, enrollment or training meetings; (b) enroll or
attempt to enroll potential Customers or IMCs; or (c) conduct any other
activity for the purpose of selling AliveMax.com products, establishing a
marketing organization, or promoting the AliveMax.com opportunity.
4.20 - Adherence to Laws and Ordinances
IMCs shall comply with all federal,
state, local and international laws and regulations in the conduct of their
businesses. Many cities, counties and
countrys have laws regulating certain home-based businesses. In most cases these ordinances are not
applicable to IMCs because of the nature of their business. However, IMCs must obey those laws that do
apply to them. If a city, county or
country official tells an IMC that an ordinance applies to him or her, the IMC
shall be polite and cooperative, and immediately send a copy of the ordinance
to the Compliance Department of AliveMax.com. In most cases there are
exceptions to the ordinance that may apply to AliveMax.com Customers or IMCs.
4.21 - Minors
A person who is recognized as a minor in
his/her state or country of residence may not be an AliveMax.com IMC. IMCs
shall not enroll or recruit minors into the AliveMax.com program.
4.22 - One AliveMax.com Business Per IMC and Per Household
An IMC may operate or have an ownership
interest, legal or equitable, as a sole proprietorship, partner, shareholder,
trustee, or beneficiary, in only one AliveMax.com business. No individual may have, operate or receive
compensation from more than one AliveMax.com business. Individuals of the same family unit may not
enter into or have an interest in more than one AliveMax.com business. A family unit is defined as spouses and
dependent children living at or doing business at the same address.
In order to maintain the integrity of the AliveMax.com Marketing and Compensation Plan, husbands and wives or common-law couples
(collectively spouses) who wish to become AliveMax.com IMCs must be jointly enrolled as one AliveMax.com business. Spouses, regardless of whether one or both
are signatories to the IMC Application and Agreement, may not own or operate
any other AliveMax.com business, either individually or jointly, nor may they participate directly or indirectly
(as a shareholder, partner, trustee, trust beneficiary, or any other legal or
equitable ownership) in the ownership or management of another AliveMax.com business in any form.
An exception to the one business per IMC
rule will be considered on a case by case basis if two IMCs marry or in cases
of an IMC receiving an interest in another business through inheritance or
divorce.
Requests for exceptions to policy must be submitted in writing.
4.23 - Actions of Household Members or Affiliated
Individuals
If any member of an IMCs immediate
household engages in any activity which, if performed by the IMC, would violate
any provision of the Agreement, such activity will be deemed a violation by the
IMC and AliveMax.com may take disciplinary action pursuant to the Statement of
Policies against the IMC. Similarly, if
any individual associated in any way with a corporation, partnership, trust or
other entity (collectively affiliated individual) violates the Agreement, such
action(s) will be deemed a violation by the entity, and AliveMax.com may take
disciplinary action against the entity.
4.24 - Requests for Records
Any request from an IMC for copies of
invoices, applications, downline activity reports, or other records will
require a fee of $1.00 per page per copy.
This fee covers the expense of mailing and time required to research
files and make copies of the records.
4.25 - Roll-up of Marketing Organization
When a vacancy occurs in a
Marketing Organization due to the termination of an AliveMax.com business,
each IMC in the first level immediately below the terminated IMC on the date of
the cancellation will be moved to the first level (front line) of the
terminated IMCs Placement Sponsor. For
example, if A is the Placement Sponsor of B, and B is the Placement Sponsor of
C1, C2, and C3, if B terminates her business, C1, C2, and C3 will roll-up to
A and become part of As first level.
4.26 - Sale, Transfer or Assignment of AliveMax.com Business
Although an AliveMax.com business is a
privately owned, independently
operated business, the sale, transfer or assignment of an AliveMax.com business
is subject to certain limitations.
If an IMC wishes
to sell his or her AliveMax.com business, the following criteria must be met:
a)
Protection of the existing line of sponsorship must
always be maintained so that the AliveMax.com business continues to be
operated in that line of sponsorship.
b)
The buyer or transferee must become a qualified AliveMax.com IMC. If the buyer is an active AliveMax.com IMC,
he or she must first terminate his or her AliveMax.com business and wait six calendar months before
acquiring any interest in the new AliveMax.com business.
c)
Before the sale, transfer or assignment can be
finalized and approved by AliveMax.com , any debt obligations the selling IMC
has with AliveMax.com must be
satisfied.
d)
The selling IMC must be in good standing and not in
violation of any of the terms of the Agreement in order to be eligible to sell,
transfer or assign an AliveMax.com business.
Prior to
selling an AliveMax.com business, the selling IMC must submit a letter of
request to AliveMax.com for permission to sell the AliveMax.com business.
Upon a complete
execution of the purchase and sale agreement, the parties must submit copies of
the same to the AliveMax.com for review.
AliveMax.com reserves the right to request additional documentation
that may be necessary to analyze the transaction between the buyer and
seller. AliveMax.com will, in its sole
and absolute discretion, approve or deny the sale, transfer or assignment
within 30 days after its receipt of all necessary documents from the parties.
If the parties
fail to obtain AliveMax.coms approval for the transaction, the transfer
shall be voidable at AliveMax.coms option. The purchaser of the existing AliveMax.com business will assume the
obligations and position of the selling IMC. An IMC who sells his or her AliveMax.com business shall not be eligible to
re-apply as an AliveMax.com IMC for a period of at least six full calendar
months after the date of the sale.
No changes in
line of sponsorship can result from the sale or transfer of an AliveMax.com business.
4.27 - Separation of an AliveMax.com Business
AliveMax.com
IMCs sometimes operate their AliveMax.com businesses as husband-wife
partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce
or a corporation, partnership or trust (the latter three entities are
collectively referred to herein as entities) may dissolve, arrangements must
be made to assure that any separation or division of the business is
accomplished so as not to adversely affect the interests and income of other
businesses up or down the line of sponsorship.
If the separating parties fail to provide for the best interests of
other IMCs and the Company in a timely fashion, AliveMax.com will
involuntarily terminate the IMC Agreement and roll-up their entire organization.
During the divorce or entity dissolution
process, the parties must adopt one of the following methods of operation:
a) One of the parties may, with
consent of the other(s), operate the AliveMax.com business pursuant to an assignment in writing
whereby the relinquishing spouse, shareholders, partners or trustees authorize AliveMax.com to deal directly and solely
with the other spouse or non-relinquishing shareholder, partner or trustee.
b)
The
parties may continue to operate the AliveMax.com business jointly on a business-as-usual basis, whereupon all
compensation paid by AliveMax.com will be paid according to the status quo as
it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties
do not agree to the format set forth above.
Under no circumstances will the Downline
Organization of divorcing spouses or a dissolving business entity be
divided. Similarly, under no
circumstances will AliveMax.com split commission and bonus checks, contest
winnings, or awards between divorcing spouses or members of dissolving
entities. AliveMax.com will recognize
only one Downline Organization and will issue only one commission check per AliveMax.com business per commission cycle.
Commission checks shall always be issued to the same individual or
entity. In the event that parties to a
divorce or dissolution proceeding are unable to resolve a dispute over the
disposition of commissions and ownership of the business in a timely fashion as
determined by the Company, the IMC Agreement shall be involuntarily canceled.
If a former spouse has completely
relinquished all rights in the original AliveMax.com business pursuant to a divorce, he or she is
thereafter free to enroll under any Enroller and Placement Sponsor of his or her
choosing without waiting six calendar months.
In the case of business entity dissolutions, the former partner,
shareholder, member, or other entity affiliate who retains no interest in the
business must wait six calendar months from the date of the final dissolution
before re-enrolling as an IMC. In either
case, however, the former spouse or business affiliate shall have no rights to
any IMCs in their former organization or to any former Subscriber. They must develop the new business in the
same manner as would any other new IMC.
4.28 - Enrolling
All active IMCs in good standing have the
right to enroll others into AliveMax.com. Each prospective Customer or IMC
has the ultimate right to choose his or her own Enroller and or Placement
Sponsor. If two IMCs claim to be the Enroller
or Placement Sponsor of the same new IMC or Customer, the Company shall regard
the first application received by the Company as controlling.
4.29 - Succession
Upon the death
or incapacitation of an IMC, his or her business may be passed to his or her
heirs. Appropriate legal documentation
must be submitted to the Company to ensure the transfer is proper. Accordingly, an IMC should consult an
attorney to assist him or her in the preparation of a will or other
testamentary instrument. Whenever an AliveMax.com business is transferred by a will or other testamentary process, the
beneficiary acquires the right to collect all bonuses and commissions of the
deceased IMCs marketing organization provided the following qualifications are
met. The successor(s) must:
a) Complete and execute an IMC
Agreement;
b) Comply with terms and
provisions of the Agreement; and
c) Meet all of the qualifications
for the deceased IMCs status.
Bonus and
commission checks of an AliveMax.com business transferred pursuant to this
section will be paid in a single check jointly
to the devisees. The devisees must
provide AliveMax.com with an address
of record to which all bonus and commission checks will be sent. If the business is bequeathed to joint
devisees, they must form a business entity and acquire a federal taxpayer
Identification number. AliveMax.com will issue all bonus and commission checks and
one 1099 to the business entity.
4.30 - Transfer Upon Death of an IMC
To effect a
testamentary transfer of an AliveMax.com business, the successor must provide the
following to AliveMax.com : (1) an original death certificate; (2) a
notarized copy of the will or other instrument establishing the successors
right to the AliveMax.com business; and
(3) a completed and executed IMC Agreement.
4.31 - Transfer Upon Incapacitation of an IMC
To effectuate
a transfer of an AliveMax.com Business
because of incapacity, the successor must provide the following to AliveMax.com:
(1) a notarized copy of an appointment as trustee; (2) a notarized copy of the
trust document or other documentation establishing the trustees right to
administer the AliveMax.com business; and (3) a completed IMC Agreement
executed by the trustee.
4.32 - Telemarketing Techniques
The Federal Trade Commission and the Federal
Communications Commission each have laws that restrict telemarketing
practices. Both federal agencies (as
well as a number of states) have do not call regulations as part of their
telemarketing laws. Although AliveMax.com
does not consider IMCs to be
telemarketers in the traditional sense of the word, these government
regulations broadly define the term telemarketer and telemarketing so that
your inadvertent action of calling someone whose telephone number is listed on
the federal do not call registry could cause you to violate the law. Moreover, these regulations must not be taken
lightly, as they carry significant
penalties (up to $11,000.00 per violation).
Therefore, IMCs must not engage in
telemarketing in the operation of their AliveMax.com businesses. The term telemarketing
means the placing of one or more telephone calls to an individual or entity to
induce the purchase of an AliveMax.com service, or to recruit them for the AliveMax.com
opportunity. Cold calls"
made to prospective Subscribers or IMCs that promote either AliveMax.coms
services or the AliveMax.com opportunity
constitutes telemarketing and is prohibited. However, a telephone call(s)
placed to a prospective Subscriber or IMC (a "prospect") is
permissible under the following situations:
a) If the IMC has an established
business relationship with the prospect. An established business
relationship is a relationship between an IMC and a prospect based on the
prospects purchase, rental, or lease of goods or services from the IMC, or a
financial transaction between the prospect and the IMC, within the eighteen
(18) months immediately preceding the date of a telephone call to induce the
prospect's purchase of a product or service.
b) The prospects personal inquiry
or application regarding a product or service offered by the IMC, within the
three (3) months immediately preceding the date of such a call.
c) If the IMC receives written and
signed permission from the prospect authorizing the IMC to call. The authorization must specify the telephone
number(s) which the IMC is authorized to call.
d) You may call family members,
personal friends, and acquaintances. An
acquaintance is someone with whom you have at least a recent first-hand
relationship within the preceding three months.
Bear in mind, however, that if you make a habit of card collecting
with everyone you meet and subsequently
calling them, the FTC may consider this a form of telemarketing that is not
subject to this exemption. Thus, if you
engage in calling acquaintances, you must make such calls on an occasional
basis only and not make this a routine practice.
e) In addition, IMCs shall not
use automatic telephone dialing systems relative to the operation of their AliveMax.com business. The term automatic telephone dialing system means equipment
which has the capacity to: (a) store or produce telephone numbers to be called,
using a random or sequential number generator; and (b) to dial such numbers.
SECTION 5 - RESPONSIBILITIES
OF IMCS
5.1 - Change of Address or Telephone
To ensure
timely delivery of support materials and bonus and commission checks, it is
critically important that the AliveMax.coms files are current. Street addresses are required for
shipping. IMCs planning to move should [update their personal information via
the Back Office function of the IMCs replicated AliveMax.com website] ~or~ [send their new address and telephone numbers to AliveMax.coms
Corporate Offices to the attention of the IMC Services Department]. To guarantee proper delivery, two
weeks advance notice must be provided to AliveMax.com on all changes.
5.2 - Continuing Development Obligations
5.2.1 - Ongoing Training
Any IMC who is the Placement Sponsor of
another IMC must perform a bona fide assistance and training function to ensure
that his or her downline is properly operating his or her AliveMax.com business. IMCs must have ongoing contact and
communication with the IMCs in their Downline Organizations. Examples of such contact and communication
may include, but are not limited to: newsletters, written correspondence,
personal meetings, telephone contact, voice mail, electronic mail, and the
accompaniment of downline IMCs to AliveMax.com meetings, training sessions, webinars and
other functions. Upline IMCs are also
responsible to motivate and train new IMCs in AliveMax.com product knowledge, effective sales techniques,
the AliveMax.com Marketing and Compensation Plan, and compliance with Company
Policies and Procedures.
IMCs must monitor the IMCs in their
Downline Organizations to ensure that downline IMCs do not make improper service
or business claims, or engage in any illegal or inappropriate conduct. Upon request, every IMC should be able to
provide documented evidence to AliveMax.com of his or her ongoing fulfillment
of the responsibilities of a Sponsor.
5.2.2 - Increased Training Responsibilities
As IMCs
progress through the various levels of leadership, they will become more
experienced in sales techniques, service knowledge, and understanding of the AliveMax.com program. They will be called upon to share this
knowledge with lesser experienced IMCs within their organization.
5.2.3 - Ongoing Sales Responsibilities
Regardless of
their level of achievement, IMCs have an ongoing obligation to continue to
personally promote sales through the generation of new Customers and through
servicing their existing Customers.
5.3 - Nondisparagement
AliveMax.com
wants to provide its independent IMCs with the best Products, Compensation
Plan, and Service in the industry.
Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in
writing to the Customer Service Department.
Remember, to best serve you, we must hear from you! While AliveMax.com welcomes constructive
input, negative comments and remarks made in the field by IMCs about the
Company, its services, or compensation plan serve no purpose other than to sour
the enthusiasm of other AliveMax.com IMCs.
For this reason, and to set the proper example for their downline, IMCs
must not disparage, demean, or make negative remarks about AliveMax.com, other
AliveMax.com IMCs, AliveMax.coms services,
the Marketing and Compensation plan, or AliveMax.coms directors, officers,
or employees.
5.4 - Providing Documentation to Applicants
IMCs must
provide the most current version of the Policies and Procedures and the
Compensation Plan to individuals whom they are enrolling to become IMCs before
the applicant signs an IMC Agreement.
Additional copies of Policies and Procedures and Compensation Plan can
be downloaded from AliveMax.coms website and or the IMC web site back
office.
5.5 - Reporting Policy Violations
IMCs
observing a Policy violation by another IMC should submit a written report of
the violation directly to the
attention of the AliveMax.com Compliance Department. Details of the incidents such as dates,
number of occurrences, persons involved, and any supporting documentation
should be included in the report.
SECTION 6 - SALES REQUIREMENTS
6.1 - Product
Sales
The AliveMax.com
Marketing and Compensation Plan is based on the sale of AliveMax.com Products to end consumers. IMCs must fulfill personal and Downline
Organization retail sales requirements (as well as meet other responsibilities
set forth in the Agreement) to be eligible for bonuses, commissions and
advancement to higher levels of achievement.
The following sales requirements must be satisfied for IMCs to be
eligible for commissions:
a) IMCs must satisfy the Personal Customer
Point Value and Group Customer Point Value requirements associated with their
rank as specified in the AliveMax.com Marketing and Compensation Plan. Personal Customer Point Value includes
purchases made by the IMCs personal Retail Subscribers. Group Customer Point Value shall include the
total Personal Customer Point Value of all IMCs in his or her marketing organization, but
shall not include the IMCs Personal Customer Point Value.
b) At least 70% of an IMCs total monthly Personal
Customer Points Value must be derived from sales made to personal Retail
Subscribers.
6.2
- No Territory Restrictions
There are no
exclusive territories granted to anyone.
No franchise fees are required.
6.3 - Offline Product
Customers
All IMCs who
make offline sales must provide their product customers with two copies
of a Sales Receipt at the time of the sale.
The sales receipt contains the AliveMax.com Product Guarantee as well
as any consumer protection rights afforded by federal or state or country law. IMCs must maintain their copies of all sales
receipts for a period of two years and furnish them to AliveMax.com at the
Companys request.
Remember that Retail Subscribers must
receive two copies of the Service Subscription.
In addition, IMCs must orally inform the Retail Subscriber of his or
her cancellation rights.
6.4
- Fundraising Programs
An AliveMax.com business may be operated for fundraising
purposes. However, if you are using your
AliveMax.com business in a fundraising program for any entity or individual,
you must not represent or imply to anyone that any purchase they make from you
will be for the benefit of any charitable purpose or program.
SECTION 7 - BONUSES AND COMMISSIONS
7.1 - Bonus
and Commission Qualifications
An IMC must be active and in compliance
with the Agreement to qualify for bonuses and commissions. So long as an IMC complies with the terms of
the Agreement, AliveMax.com shall pay
commissions to such IMC in accordance with the Marketing and Compensation
plan. The minimum amount for which AliveMax.com will issue a check is $20.00. If an
IMCs bonuses and commissions do not equal or exceed $20.00, the Company will
accrue the commissions and bonuses until they total $20.00. A check will be issued once $20.00 has been
accrued.
7.2 - Adjustment
to Bonuses and Commissions
7.2.1
- Adjustments for Cancelled Product
or Auto-Ship
IMCs
receive bonuses and commissions based on the actual sales of products to end
consumers. When an auto-ship or direct
sales customer is cancelled and the Customers entitled to a refund, the bonuses
and commissions attributable to the refunded products(s) will be deducted, in
the month in which the refund is given, and continuing every pay period
thereafter until the commissions and bonuses are recovered, from the IMCs who
received bonuses and commissions on the sales of the refunded products(s).
7.2.2
- Other Deductions
AliveMax.com provides genealogy and commission reports at the IMCs web site back
office. AliveMax.com will not provide a printed genealogy report. However upon written request we will provide
printed commission reports. AliveMax.com will deduct from all bonus and
commission checks a data processing fee of $.01 per line for commission reports
sent to IMCs. The maximum fee is $5.00.
7.3
- Reports
All information provided by AliveMax.com
in online or electronic downline activity reports, including but not limited to
personal and group sales volume (or any part thereof), and downline enrollment
and sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including
the inherent possibility of human and mechanical error; the accuracy,
completeness, and timeliness of orders; denial of credit card and electronic
check payments; cancelled services; credit card and electronic check
charge-backs; the information is not guaranteed by AliveMax.com or any
persons creating or transmitting the information.
ALL PERSONAL AND GROUP SALES VOLUME
INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR
IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE
SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON‑INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, ALIVEMAX.COM AND/OR
OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE
LIABLE TO ANY IMC OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL
AND GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS,
BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM
INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE
INFORMATION), EVEN IF ALIVEMAX.COM OR
OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. TO
THE FULLEST EXTENT PERMITTED BY LAW, ALIVEMAX.COM OR OTHER PERSONS CREATING
OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO
YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY,
PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of AliveMax.coms
online reporting services and your reliance upon such information is at your
own risk. All such information is
provided to you "as is". If
you are dissatisfied with the accuracy or quality of the information, your sole
and exclusive remedy is to discontinue use of and access to AliveMax.coms
online and telephone reporting services and your reliance upon the information.
SECTION 8 - PRODUCT GUARANTEES AND SALES AID REPURCHASES
8.1 - Product
Guarantee
AliveMax.com offers a 100% money-back satisfaction guarantee to all Customers and IMCs.
If, for any reason, a Customer
or IMC is dissatisfied with any AliveMax.com product, the Customer or IMC may request a
refund minus shipping and handling within 30 days of purchase and receive a
full refund of the purchase price.
8.2
- IMC and Customer 3-Day Right to
Cancel
In addition AliveMax.com Guarantees,
under Federal and State laws, a Customer or IMC who makes any initial purchase
has three business days after the sale or execution of product purchase or IMC agreement
to cancel the and receive a full refund consistent with this document. In any case where an IMC makes a direct
product sale to a Customer and receives money directly for an order or for the
enrollment of an IMC if the individual wants to cancel or requests a refund
within the three day period, the IMC must promptly
refund any payments made by the Customer or the prospective IMC under the
service subscription agreement. Additionally, IMCs must orally inform Customers
of their right to rescind an IMC agreement or to request a product refund within
three days, and ensure that the date of the order or purchase is entered on the
order form.
In the case of IMC or Customer online sales
and/or enrollments 3 Day Right To Cancel Refunds, please contact customer
service by email or telephone.
8.3 - Return of Product
or Sales Aids by IMCs Upon Cancellation
Upon
cancellation of an IMCs Agreement, the IMC may return his or her Starter Kit, any
sales aids and products that are within expiration date and sealed in
his or her possession for a refund. IMCs may only return Starter Kits
and sales aids and products that he or she personally purchased and which are in
Resalable condition. Upon receipt of a Resalable Starter Kit and/or Resalable
sales aids, and products the IMC will be reimbursed 90% of the net cost of the
original purchase price(s). Shipping charges incurred by an IMC when the
Starter Kit, sales aids and products purchased will not be refunded. If
the purchases were made through a credit card or ACH, the refund will be
credited back to the same account.
8.3.1 - International Residents
International
residents may cancel his or her IMC Agreement within 30 days from the date of
enrollment, and may return his or her Starter Kit, sales aids and products for
a full refund minus shipping and handling within such time period.
8.4 - Procedures
for All Returns
The following procedures apply to all
returns for refund:
a) The Starter Kit and other Resalable sales
aids and products must be returned by the IMC who purchased it directly from AliveMax.com Products must be within
expiration date and in factory sealed condition.
b) All items to be returned must have a Return
Authorization Number which is obtained by calling or emailing the Customer
Services Department. This Return
Authorization Number must be written on each carton returned.
c) The return is accompanied by a copy of the
original dated retail sales receipt or shipping invoice.
d) Proper shipping carton(s) and packing
materials are to be used in packaging the item(s) being returned for
replacement, and the best and most economical means of shipping is
suggested. All returns must be shipped
to AliveMax.com pre-paid. AliveMax.com
does not accept shipping-collect packages.
The risk of loss in shipping for returned items shall be on the IMC. If a returned item is not received by the
Companys Distribution
Center, it is the
responsibility of the IMC to trace the shipment.
Damaged Goods
Always inspect the cartons you receive
for damage. If you feel that the damage
is severe enough to compromise the integrity of the product contained inside,
refuse to accept that specific carton and ask that it be returned. You must do this at the point of
delivery. Never hesitate to do this
you
have paid for these goods and expect them to arrive in good condition. If damaged cartons have been delivered in
your absence and you discover internal product damage contact a customer
service representative immediately either by phone or email. A tracking number
is on each carton or the shipping label.
Please have this number available for the representative.
AliveMax.com may replace the damaged
goods at no charge and make a claim with the carrier. You may be asked to hold
the damaged goods until the carriers representative can inspect the shipment.
Please do this. Failure to retain the goods for inspection will negate the
claim and you will be charged for these goods.
This is for insurance purposes and can take as long as 6 weeks.
Concealed Damage
Always open master cartons
immediately and inspect the goods inside.
If you are reshipping or reselling the product without a prior
inspection, you will lose the opportunity for a damaged goods claim.
Guarantee/Warranty
AliveMax.com markets a variety of products. The guarantee/warranty may vary depending on
the specific product. Be sure to
carefully read and retain any materials that refer to warranty or guarantee and
require a record of the sale in order to validate your guarantee/warranty. In addition the AliveMax.com guarantee/warranty
may specify whether the warranty is
unconditional,
replacement only, for credit, refund, repair or replace.
Distribution Centers
AliveMax.com is an international firm and utilizes a number of Distribution Centers in
order to best serve our customers. The
Distribution Center address on your carton may not be the proper return
address. It is for that reason the Return
To provided by Customer Service may not match the original Shipped From
address. Always use the return address
provided by customer service. You must
have been issued a Return Authorization number from Customer Service in order
to return any items to the Company. No refund or replacement will be made if
the conditions of these rules are not met.
SECTION 9 - DISPUTE
RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 - Disciplinary
Sanctions
Violation of
the Agreement, these Policies and Procedures, violation of any common law duty,
including but not limited to any applicable duty of loyalty, any illegal, fraudulent,
deceptive or unethical business conduct, or any act or omission by an IMC that,
in the sole discretion of the Company may damage its reputation or goodwill, may
result, at
AliveMax.com's discretion, in
one or more of the following corrective measures:
·
Issuance of a written warning or admonition;
·
Requiring the IMC to take immediate corrective
measures;
·
Imposition of a fine, which may be withheld from
bonus and commission checks;
·
Loss of rights to one or more bonus and
commission checks;
·
AliveMax.com may withhold from an IMC all or
part of the IMCs bonuses and commissions during the period that AliveMax.com
is investigating any conduct allegedly in violation of the Agreement. If an IMCs business is canceled for
disciplinary reasons, the IMC will not be entitled
to recover any commissions withheld during the investigation period;
·
Suspension of the individuals IMC Agreement for
one or more pay periods;
·
Involuntary termination of the offenders IMC
Agreement;
·
Any other measure expressly allowed within any
provision of the Agreement or which AliveMax.com deems practicable to
implement and appropriate to equitably resolve injuries caused partially or
exclusively by the IMCs policy violation or contractual breach;
·
In situations deemed appropriate by AliveMax.com
the Company may institute legal proceedings for monetary and/or equitable
relief.
9.2 - Grievances
and Complaints
When an IMC
has a grievance or complaint with another IMC regarding any practice or conduct
in relationship to their respective AliveMax.com business, the complaining IMC
should first report the problem to his or her Sponsor who should review the
matter and try to resolve it with the other party's Sponsor. If the matter involves interpretation or
violation of Company policy, it must be reported in writing to the
Company. AliveMax.com will review the
facts and resolve it.
9.3 - Dispute
Resolution Board
The purpose of the Dispute
Resolution Board is to: (1) review appeals of disciplinary sanctions; and (2)
review matters between AliveMax.com IMCs. After the response or settlement instituted by IMC Services has been denied
or otherwise remains unresolved, the Dispute Resolution Board reviews evidence,
deliberates, and responds to current outstanding issues on a collective basis. However,
at any time, AliveMax.com may utilize the services of its legal counsel for
dispute resolution.
An IMC may submit a written request for a
telephonic or in-person hearing within seven business days from the date of:
(1) the written notice by AliveMax.com of disciplinary action; or (2) the written
decision of AliveMax.com regarding disputes between IMCs. All communication with AliveMax.com and the IMC seeking resolution of a dispute
must be in writing. It is within the AliveMax.coms discretion whether a claim is accepted for review. If AliveMax.com agrees to review the
matter, it shall schedule a hearing within 30 days of receipt of the IMCs
written request. All evidence (e.g.,
documents, exhibits, etc.) that an IMC desires to have considered by AliveMax.com must be submitted to AliveMax.com no later than seven business days before the
date of the hearing. The IMC shall bear
all of the expenses related to his or her attendance and the attendance of any
witnesses he or she desires to be present at the hearing. The decision of AliveMax.com will be final
and subject to no further review, except as provided in Section 9.4 below. During the pendency of the claim before AliveMax.com, the IMC waives his or her right to pursue arbitration or any other
remedy.
Following issuance of a disciplinary sanction,
the disciplined IMC may appeal the sanction to AliveMax.com. An IMC's appeal must be in writing and
received by the Company within 15 days from the date of AliveMax.com's notice
of the disciplinary sanction. If the
appeal is not received by AliveMax.com within the 15 day period, the sanction
will be final. The IMC must submit all
supporting documentation with his or her appeal correspondence. If the IMC files a timely appeal of a
disciplinary sanction, AliveMax.com will review and reconsider the sanction,
consider any other appropriate action, and notify the IMC in writing of its
decision.
9.4 - Arbitration
Any
controversy or claim arising out of or relating to the Agreement, or the breach
thereof, shall be settled by
arbitration administered by the American Arbitration Association under its
Commercial Arbitration Rules, and judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof. IMCs waive all rights to trial by jury
or to any court. All arbitration
proceedings shall be held in the City of Orange County, California unless the
laws of the state in which an IMC resides expressly require the application of
its laws, in which case the arbitration shall be held in the capital of that
state. All parties shall be entitled to all discovery rights pursuant to the Federal
Rules of Civil Procedure. There shall be
one arbitrator, an attorney at law, who shall have expertise in business law
transactions with a strong preference being an attorney knowledgeable in the
direct selling industry, selected from the panel which the American Arbitration
Panel provides. The prevailing party shall be entitled
to receive from the losing party costs and expenses of arbitration, including
legal and filing fees. The decision of
the arbitrator shall be final and binding on the parties and may, if necessary,
be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive
any termination or expiration of the Agreement.
Nothing in these Policies and Procedures
shall prevent AliveMax.com from
applying to and obtaining from any court having jurisdiction a writ of
attachment, a temporary injunction, preliminary injunction, permanent
injunction or other relief available to safeguard and protect AliveMax.coms
interest prior to, during or following the filing of any arbitration or other
proceeding or pending the rendition of a decision or award in connection with
any arbitration or other proceeding.
9.5
- Governing Law, Jurisdiction and
Venue
Jurisdiction and venue of any matter not
subject to arbitration shall reside exclusively in Orange County, State of California. The Federal Arbitration Act shall govern all
matters relating to arbitration. The law
of the State of California, U.S.A. shall govern all other matters relating to
or arising from the Agreement.
Notwithstanding the foregoing, and the arbitration provision in Section
9.4, residents of the State of Louisiana shall
be entitled to bring an action
against AliveMax.com in their home forum and pursuant to Louisiana law.
SECTION 10 - PAYMENT
AND SHIPPING
10.1
- Returned Checks
All checks returned by an IMCs bank for
insufficient funds will be re-submitted for payment. A $25.00 returned check
fee will be charged to the account of the IMC.
After receiving a returned check from a Customer or an IMC, all
future orders must be paid by Credit Card, money order or cashiers check. Any outstanding balance owed to AliveMax.com
by an IMC for NSF checks and returned
check fees will be withheld from subsequent bonus and commission checks.
10.2
- Restrictions on Third Party Use
of Credit Cards and Checking Account Access
An IMC shall not permit other IMCs or Customers
to use his or her credit card, or permit debits to his or her checking
accounts, to enroll or to make purchases from the Company.
10.3
- Sales Taxes
In designing the AliveMax.com opportunity,
one of our guiding philosophies has been to free IMCs from as many
administrative, operational, and logistical tasks as possible. In doing so, IMCs are free to concentrate on
those activities that directly
affect their incomes, namely product sales and enrollment activities. To these ends, AliveMax.com relieves IMCs
of the burdens of collecting and remitting sales taxes, filing sales tax
reports, and keeping records relative to sales taxes.
By virtue of its business operations, AliveMax.com is required to charge sales taxes on all purchases made by IMCs and Customers,
and remit the taxes charged to the respective states. and/or countries. Accordingly, AliveMax.com
will collect and remit sales taxes on
behalf of IMCs, based on the suggested retail price of the services, according
to applicable tax rates in the state or province to which the shipment is
destined. If an IMC has submitted and AliveMax.com has accepted, a current Sales Tax
Exemption Certificate and Sales Tax Registration License, sales taxes will not
be added to the invoice and the responsibility of collecting and remitting
sales taxes to the appropriate authorities shall be on the IMC. Exemption from the payment of sales tax is
applicable only to orders which are shipped to a state or country for which the
proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on
orders that are drop-shipped to another state.
Any sales tax exemption accepted by AliveMax.com is not retroactive.
SECTION 11 - INACTIVITY
& CANCELLATION
11 - Effect of Cancellation
So
long as an IMC remains active and complies with the terms of the IMC Agreement
and these Policies and Procedures, AliveMax.com shall pay commissions to such
IMC in accordance with the Marketing and Compensation Plan. An IMCs bonuses and commissions constitute
the entire consideration for the IMC's efforts in generating sales and all
activities related to generating sales (including building a downline
organization). Following an IMCs
non-renewal of his or her IMC Agreement, cancellation for inactivity, or
voluntary or involuntary cancellation of his or her IMC Agreement (all of these
methods are collectively referred to as cancellation), the former IMC shall
have no right, title, claim or
interest to the marketing organization which he or she operated, or any
commission or bonus from the sales generated by the organization. An IMC
whose business is cancelled will lose all rights as an IMC. This includes the right to sell AliveMax.com
products and services and the right to receive future commissions, bonuses, or
other income resulting from the sales and other activities of the IMCs former
downline sales organization. In the
event of cancellation, IMCs agree to waive all rights they may have, including
but not limited to property rights, to their former downline organization and
to any bonuses, commissions or other remuneration derived from the sales and
other activities of his or her former downline organization.
Following
an IMCs cancellation of his or her IMC Agreement, the former IMC shall not
hold himself or herself out as an AliveMax.com IMC and shall not have the
right to sell AliveMax.com products or services. An IMC whose IMC Agreement is canceled shall
receive commissions and bonuses only for the last full pay period he or she was
active prior to cancellation (less any amounts withheld during an investigation
preceding an involuntary cancellation). If
a cancelled IMC is a Customer to an AliveMax.com product or service, the product
or service order or auto-ship shall continue in force unless the IMC
specifically requests that his or her order or auto-ship also be canceled.
11.1 - Cancellation Due to Inactivity
IMCs who do not personally produce the activity
required to earn a commission for any pay period will not receive a commission
for the sales generated through their marketing organization for that pay
period. If an IMC has not earned a
commission for six consecutive months (and thus become inactive), his or her IMC
Agreement shall be canceled for inactivity.
11.1
- Involuntary Cancellation
An IMCs violation of any of the terms of
the Agreement, including any amendments that may be made by AliveMax.com at
its sole discretion, may result in any of the sanctions listed in Section 9.1, including
the involuntary cancellation of his or her IMC Agreement. Cancellation shall be effective on the date
on which written notice is mailed, faxed, or delivered to an express courier,
to the IMCs last known address (or fax number), or to his/her attorney, or
when the IMC receives actual notice of cancellation, whichever occurs first.
AliveMax.com reserves the right to
terminate all IMC Agreements upon thirty (30) days written notice in the event
that it elects to: (1) cease business operations; (2) dissolve as a corporate
entity; or (3) terminate the sale of its services via multilevel marketing.
11.2
- Voluntary Cancellation
A participant in this network marketing
plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to
the Company at its principal business address. The written notice must include
the IMCs signature, printed name, address, and IMC I.D. Number.
11.3
- Non-renewal
An IMC may
also voluntarily cancel his or her IMC Agreement by failing to renew the
Agreement on its anniversary date. The
Company may also elect not to renew an IMC's Agreement upon its anniversary
date.
SECTION 12 - DEFINITIONS
Active IMC An IMC who
satisfies the minimum requirements, as set forth in the AliveMax.com Marketing and Compensation Plan, to ensure
that he or she is eligible to receive bonuses and commissions.
Active Rank The term active
rank refers to the current rank of an IMC, as determined by the AliveMax.com
Marketing and Compensation Plan, for any
month. To be considered active
relative to a particular rank, an IMC must meet the criteria set forth in the AliveMax.com Marketing and Compensation Plan for
his or her respective rank. (See the definition of Rank below.)
Agreement The contract between
the Company and each IMC includes the IMC Application and Agreement, the AliveMax.com Policies and Procedures, the AliveMax.com Marketing and Compensation Plan,
and the Business Entity Registration Form (where appropriate), all in their
current form and as amended by AliveMax.com in its sole discretion. These documents are collectively referred to
as the Agreement.
Cancel The termination of an IMCs
business. Cancellation may be either voluntary, involuntary, through
non-renewal or inactivity.
Commissionable Services All AliveMax.com services on which commissions and bonuses are
paid. Starter Kits and sales aids are
not commissionable products.
Company The term Company as
it is used throughout the Agreement means AliveMax.com.
Customer Point Value (CPV) The
point value assigned to each product sold by AliveMax.com, as set forth in
the AliveMax.com Marketing and
Compensation Plan.
Downline Activity Report A
monthly report generated by AliveMax.com that provides critical data relating
to the identities of IMCs, sales information, and enrollment activity of each IMCs
Marketing Organization. This report
contains confidential and trade secret information which is proprietary to AliveMax.com Individual reports is generated in an IMCs web site back office.
Downline Leg Each one of the
individuals enrolled immediately underneath you and their respective marketing
organizations represents one leg in your marketing organization.
Enroller An IMC who enrolls
another IMC into the Company, and is listed as the Enroller on the IMC
Application and Agreement. The Enroller
may place the new IMC under him or herself as the Placement Sponsor, or may
place the new IMC under another IMC to act as the new IMCs Placement Sponsor. See the
definition of Placement Sponsor below.
Group Customer Point Value
(GCPV) The total Point Value, within a given pay period, of the Personal Customer
Point Value of the IMCs in an IMCs Marketing Organization. Group Customer Point Value is used as the
basis to calculate the eligibility to earn at certain ranks in the Marketing
and Compensation Plan. See the definition of Personal Customer
Point Value below.
Immediate Household Heads of
household and dependent family members residing in the same house.
Level The layers of downline Customers
and IMCs in a particular IMCs Marketing Organization. This term refers to the relationship of an IMC
relative to a particular upline IMC, determined by the number of IMCs between
them who are related by sponsorship. For
example, if A is the Placement Sponsor of B, B is the Placement Sponsor of C, C
is the Placement Sponsor of D, and D is the Placement Sponsor of E, then E is
on As fourth level.
Marketing Organization The Subscribers
and IMCs enrolled below a particular IMC.
Official AliveMax.com Material Literature, audio or video tapes,
and other materials developed, printed, published and distributed by AliveMax.com
to IMCs.
Personal Customer Point Value
(PCPV) The total Customer Point Value of all service subscriptions sold by an
IMC in a particular pay period. See the definition of Customer Point Value
above.
Placement Sponsor An IMC under
whom an Enroller places a new IMC, and is listed as the Placement Sponsor on
the IMC or Application and Agreement. An
Enroller may place the new IMC under him or herself as the Placement Sponsor,
or may place the new IMC under another IMC to act as the new IMCs Placement
Sponsor. The Placement Sponsor has the
obligation to provide training and support to the IMCs placed under him or
her. See
the definition of Enroller above.
Rank The title that an IMC has achieved pursuant to the AliveMax.com Marketing and Compensation
Plan.
Recruit For purposes of AliveMax.com s Conflict
of Interest Policy the term recruit means actual or attempted solicitation,
enrollment, encouragement, or effort to influence in any other way, either
directly, indirectly, or through a
third party, another AliveMax.com IMC
or Subscriber to enroll or participate in another multilevel marketing, network
marketing or direct sales opportunity. This
conduct constitutes recruiting even if the IMCs actions are in response to an
inquiry made by another IMC or Subscriber.
Resalable Sales aids shall be
deemed "Resalable" if each of the following elements is satisfied: 1)
they are unopened and unused; 2) packaging and labeling has not been altered or
damaged; 3) they are in a condition such that it is a commercially reasonable
practice within the trade to sell the merchandise at full price; 4) they are returned
to AliveMax.com within one year from
the date of purchase; and 5) they contain current AliveMax.com labeling.
Any merchandise that is clearly identified at the time of sale as
nonreturnable, discontinued, or as a seasonal item, shall not be Resalable.
Retail Customer or Customer An
individual who purchases AliveMax.com products
or services on a monthly subscription basis from an IMC but who is not a
participant in the AliveMax.com compensation plan.
Roll-Up The method by which a
vacancy in a Marketing Organization left by an IMC whose IMC Agreement has been
canceled is filled.
Starter Kit A selection of AliveMax.com training materials and business
support literature and/or products that each new IMC may or may not be required
to purchase. The Starter Kit is sold to IMCs
at the Companys cost.
Subscriber An individual who
purchases AliveMax.com services on a
monthly subscription basis. A Subscriber
who is not also an IMC is a Retail Subscriber.
Upline This term refers to the
IMC or IMCs above a particular IMC in a sponsorship line up to the
Company. Conversely stated, it is the
line of Placement Sponsors that links any particular IMC to the Company.
