POLICIES & PROCEDURES
POLICIES & PROCEDURES
THE PROMOTER CODE OF ETHICS
As a ViSalus™ Independent Promoter, I agree to uphold the integrity of the Company. I will be honest and fair in all of my dealings while acting as an Independent Promoter of ViSalus. I will perform all of my professional activities in a manner that will enhance my personal reputation, as well as uphold the positive reputation established by ViSalus. I will be respectful to every person contacted in the course of my ViSalus business. I understand that any harassment or improper treatment of individuals can be grounds for the deactivation of my Promotership. I will fulfill my leadership responsibilities as a sponsor, including the training and support of the Promoters in my organization. I will not misrepresent ViSalus products or compensation plan, nor will I engage in any other deceptive or illegal practice while representing ViSalus. I will make only such claims for the products that are proven and are approved by the Company. I will conduct my independent ViSalus business in such a manner as to respect the products and professionalism of other companies. I realize that network marketing is an exciting way of bringing a vast array of products and services to the marketplace, and that ViSalus seeks to further the cause of personal independence and true financial freedom. I will remember, at all times, that only through service, to both Customers and Promoters, will real success truly manifest.
POLICIES & PROCEDURES
I. REQUIREMENTS TO BECOME A ViSalus ™ INDEPENDENT PROMOTER (VIP)
Legal Age: All persons applying to become an Independent Promoter (VIP) must be eighteen (18) years of age or older. VIP Agreement: All VIPs must submit a VIP Agreement to register with ViSalus and to receive commissions. Identification Requirements: ViSalus requires a Social Security number of all VIPs for purposes of internal identification. All Promoters will be given a Promoter Identification Number that will be used to track all transactions and communication with ViSalus. Social Security numbers will be kept strictly confidential. A VIP must be a real person. Any attempt by a VIP to falsify documents or enroll as a fictitious person or enroll a fictitious VIP or use a Social Security number which is ficticious or does not belong to the party indicated is grounds for disciplinary action including possible termination of Promotership.
II. TYPES OF ENTITIES AS VIPs
Independent VIPs An individual VIP is someone who solely operates his or her own position. Corporations & Partnerships: To become a new VIP as a corporation, partnership, trust (“Entity”) or to change status, one must complete and submit the Corporation Enrollment Information document, along with the Independent Promoter Application. This includes providing copies of all D.B.A. papers and the Employer Identification Number (EIN) to ViSalus. All Social Security numbers and names of each individual partner, principal,
stockholder, officer and director (“Principal”) must be provided. The Principal who submits the form must be authorized to enter binding contracts on behalf of the Entity. No Entity may become a VIP if any of its Principals is currently or has been, within the twelve (12) calendar months preceding the execution of the new VIP agreement, an individual VIP or Principal of another Entity, unless ViSalus has received written notification of resignation as a Principal of the prior Entity VIP no less than one (1) year prior to the new application. An active VIP may change status from an individual provided there is no change of sponsoring/referring VIP. An Entity may become a VIP subject to review and approval by ViSalus. It is not permissible for partners applying as a partnership or corporation to have been or to currently be VIPs of another partnership or corporation within twelve (12) calendar months preceding the execution of the agreement. If so desired, written notification of resignation of position must be received by ViSalus and be on file for no less than one (1) year in order for the request to be approved. If an active VIP desires to change status from an individual to that of a partnership or corporation, this policy does not apply, providing there is no request for change of sponsoring/referring VIP. A partnership or corporation may become a VIP subject to review and approval by ViSalus. Number of Positions: All legal entities as IDs must adhere to the policy that no individual may participate in more than one (1) position in any form. Marriages: A husband and wife may operate as VIPs jointly or separately. Each will maintain their individual positions; however, one must be in the other’s line of enrollership. If it is established that a husband and wife are enrolled in separate
sales organizations, the second position enrolled would be moved under the first position. Any downline built under the second position will remain with that organization. • Promoters having positions in separate organizations before they were married who wish to maintain that position will be “grandfathered” in. • For Promoters who have separate organizations and become married and wish to work as a single organization, one of the Promoters will forfeit their position and join in their spouse’s position. • Should a husband and wife divorce, who are working a position jointly, ViSalus must receive notice, signed by both parties as to how the business is to be managed. All requests regarding changes of names or Identification Numbers of the VIP position must be submitted to [email protected]
in writing and agreed to by both parties. ViSalus reserves the right to verify all authorizations prior to making any changes. Otherwise, ViSalus will only recognize the individual whose Social Security number was originally listed on the VIP Agreement. ViSalus will only continue to service the VIP who remains in our system. This also applies to those relationships that qualify as common-law marriages. Family Members: If a family member residing in the same household as an existing Promoter enrolls as a ViSalus Promoter, they must join within that existing Promoter’s enrollment tree.
III. POSITION CANCELLATION
Cancellation: To cancel a VIP Agreement or resign as a VIP, you must email your request to [email protected]
from the email we have on file.
POLICIES & PROCEDURES
If a Promoter would like to enroll in a new position they must wait twelve months from the date of the cancellation of the other position. Promoters who have been migrated to Customer accounts due to failure to comply with the annual Promoter Administration Fee policy are not eligible to have their position be reinstated; however, they can enroll as a new VIP after the twelve month wait period. Willing/Transferring or Selling a VIP Position: A VIP’s position may be transferred to another individual or corporation by sale or request. If a VIP decides to sell a position he/ she must provide ViSalus with the following documents in order for the transaction to take place: 1. Sale of Promotership Document; 2. New VIP Agreement, signed by the purchaser; 3. Copy of the purchaser’s D.B.A. papers (if purchaser is an Entity); and 4. One Hundred Dollar ($100.00) transfer fee payable to ViSalus. In addition, the VIP selling or transferring their position must be an active Regional Director for the last ninety (90) days. The selling VIP cannot enroll as a VIP for a period of twelve (12) months after the date of the sale. The VIP cannot be involved in the act of cross-line recruiting subsequent to the sale or transfer of the position. In the event that ViSalus determines that the seller is guilty of cross-line recruiting, the transfer or sale of the position is null and void and the position will be deactivated permanently. Any sale of a position is subject to approval by the ViSalus Compliance Committee. An existing Promoter cannot purchase another position. The sale of a VIP position cannot be advertised via any online centralized communities with classified advertisements; this includes Craigslist, classified ads, SaleSpider, etc.
If a Promoter account is suspended, cancelled or terminated, a sale of position will not be permitted. Return Policy for VIP cancellation: ViSalus agrees to repurchase from a resigning or terminating VIP all unencumbered products and sales aids purchased by the VIP from the Company within the previous thirty (30) days (or longer where required by law) that are unused and in commercially resalable condition. Any and all commissions and bonuses previously paid out on such sale will be retracted upon the return if the refund represents more than 50% of the product value originally received.
more than Ten dollars ($10.00). Additionally, all commission payments are subject to a Three Dollar ($3.00) administration fee. Prosperity Card (US Only): The Prosperity Card is available to all active VIPs and can be used as a debit MasterCard ® at ATM and POS locations. Weekly and monthly payment cycles are loaded to the Prosperity Debit MasterCard if the VIP chooses this payment method instead of checks. Card loads are available instantly on the appropriate payday. A onetime fee of $4.95 (within the US) will be charged upon activating the Prosperity Card. Additional fees will be applied for services; full details will arrive with the card. You will be able to manage, track and take advantage of the many other benefits of your account online in the ViSalus Back Office. Direct Deposit— US: Direct Deposit is available to all US Promoters. Bonuses and commissions are transferred directly into the bank account of choice, allowing for easy access to bonuses and commissions. Direct Deposit—CAN: Direct Deposit is available to all Promoters within Canada. Bonuses and commissions are transferred directly into the bank account of choice, allowing for easy access to bonuses and commissions. Check Reissues: Should a VIP experience a delay in the receipt of his/her check and wish to be issued a new check, the VIP will be responsible for a stoppayment fee of Thirty dollars ($30.00) for the cancellation of the original check and that fee will be deducted from the replacement check. Annual Administration Fee: An annual $25 Administration Fee will be automatically charged to each VIP in the month of their enrollment anniversary date. This is an automatic charge to the card on file during the anniversary month. This fee is for services
IV. RIGHTS OF VIPS
Qualifications for Commissions and Bonuses: For more details please see your compensation plan manual.
Note: ViSalus reserves the right to promote and demote VIPs at any time.
Debits: VIPs are not required to subscribe to or purchase any product or service of any company with which ViSalus contracts, or to purchase or subscribe to any product or service that ViSalus itself provides in order to receive commissions. However, if a VIP chooses to do so, they will pay all billing when due. If a VIP becomes more than sixty (60) days past due on any bill for service or products provided by ViSalus or a company with which ViSalus contracts, the VIP may have their commissions debited in order to cover the past-due amount. The VIP’s position may be subject to termination. Commission Payment Minimums and Surcharge: All commission payments issued by ViSalus are subject to a minimum of Ten dollars ($10.00). Commissions and bonuses below Ten dollars ($10.00) will not be paid out until such time as the cumulative amount of the weekly or monthly commission owed is
POLICIES & PROCEDURES
which include, but are not limited to, Customer and organizational reporting, Customer and Promoter support, and annual accounting services. Failure to satisfy the Administration Fee will result in the Promotership being placed on Financial Hold for up to ninety (90) days. Any potential commissions will be forfeited during this time. If the Administration Fee remains unpaid after ninety (90) days, the Promotership will be deactivated and downgraded to a Customer Account assigned to their original sponsor. All sponsor and enroller relationships will “roll up” to the next active upline Promoter. If a deactivated Promoter decides to pursue the ViSalus earnings opportunity again, the Promoter must wait for twelve (12) months from the migration date of the original position.
order” before submitting more than once. Paperwork must be 100% correct. It is the VIP’s responsibility to verify the accuracy of the information of any new VIPs you sponsor or any Customers you acquire. ViSalus employees make every attempt to read handwriting, however if documents are illegible ViSalus cannot guarantee that they will be processed. Methods of Payment/Delivery: To process an order for products and materials, simply place an order via the shopping cart online or call, fax or mail your order to the Order Entry Department. All major credit cards are accepted. Debit cards with Visa ® or MasterCard ® logo are also accepted. To pay for your order by money order, call 1-877-VISALUS or send an email to [email protected]
When mailing the money order, simply supply the order number given at the time of the quote or reference the term “quote” and the order will be shipped the day payment is received. All ViSalus orders are shipped via UPS or USPS. Next Day Air or Two-Day Air Service is available at additional charges (express shipping is not available via shopping cart). VIPs who would like to place orders in person may do so M–F from 9–5 ET at ViSalus headquarters in Troy, MI. It is recommended that you call in advance to confirm that your order is ready for pickup. Wholesale: As a benefit of being a Promoter with ViSalus, we have created a way for you to purchase all ViSalus products at a wholesale price, providing you with an incredible opportunity to receive discounts on personal consumption and earn additional income if you decide to sell retail products at the Suggested Retail Price. There are no requirements to receive the wholesale price other than being a registered
Promoter or Customer on AutoShip with ViSalus. Products purchased at wholesale price can be received monthly by placing them on Auto-Ship for convenience and efficiency. ViSalus reserves the right to limit Promoter and Customer orders to a maximum of $4,999.00 in a one-month period regardless of payment method. This includes placing orders on more than one account, using multiple credit cards in one person’s name, which would total an amount over the $4999.00. We do not suggest or condone the practice of ordering large quantities of inventory for the sole purpose of qualifying for a position in the ViSalus Compensation Plan. To protect against this, we monitor all account activity on a monthly basis and reserve the right to investigate or take disciplinary action should we believe such practices may be taking place. Should we find that this has occurred, the orders will be pulled and any position promotions will be put on hold until resolution is reached within a reasonable amount of time. Inventory consists of any products, Basic, Executive and Star Promoter Systems and sales tools. No more than one Promoter System should be purchased by a VIP. Preferred Customer Pricing: Preferred Pricing is offered to all ViSalus Customers who would like to receive specific products from ViSalus on a monthly basis. Preferred Customers are instantly a part of the Auto-Ship program and therefore count toward the Promoter requirement of $125 in Auto-Ship volume. Suggested Retail Pricing: ViSalus’ Suggested Retail Pricing is the designated value of each ViSalus product. ViSalus Promoters who purchase products at the wholesale price are recommended to use the Suggested Retail Price when selling products for a retail profit. All Customers who order through ViSalus directly, who are
V. ORDERING, PAYMENT, SHIPPING AND RETURN POLICIES
Customers: A Customer must be a real person. Any attempt by a VIP to falsify documents or enroll a fictitious person as a Customer, or knowingly use a Social Security number which is ficticious or does not belong to the Customer, is grounds for disciplinary action including possible termination. Data Entry Procedures: VIPs and Customers can place orders or assist new VIPs to enter their data directly through the online system. Any orders placed by 11:59pm PT will be counted toward that same day’s production. Faxed product orders and VIP agreements are entered into ViSalus’ system on the business day that they are received. Paperwork received after 4:00pm ET will be processed the following business day. All illegible or incorrectly completed paperwork will be marked as “pending” and delayed in processing. Orders will be processed as received; therefore, VIPs should contact ViSalus to check on a “missing
POLICIES & PROCEDURES
not enrolled as a Promoter, or are not a Preferred Customer on Auto-Ship, will pay the Suggested Retail Price of each product. Any products purchased one time at the Suggested Retail Price will not count toward the Promoter $125 Auto-Ship qualification, but will count toward the $200 PQV Qualification. See ViSalus’ Compensation Plan for further details. Suggested Retail Price is the price that must be used if selling ViSalus product on an online auction site. Any product sold on any market site such as eBay or Amazon must be sold at the Suggested Retail Price with standard shipping and handling costs applied. (See section VIII. Online Markets, Auctioning and Social Media.) Changes on a Customer’s Account: To add or remove products on an Auto-Ship order, Customers and Promoters must log into their Vi-Net ® online office and make the desired changes at least two (2) days prior to shipment. Changes may also be emailed to [email protected]
two (2) days prior to the shipment date. Changes made during or after the two-day period may not take effect until the following month. Return Policy: ViSalus stands behind all of its product offerings and will accept a return of products if they are not to our Customer’s satisfaction including products that the Customer cannot utilize due to medical reasons. Here are the guidelines: 1. Exchanges for the same product will be made for products that may have been damaged in transit. 2. Products that have been purchased for the ﬁrst time and don’t meet our Customer’s satisfaction can be returned within thirty (30) days of delivery for a full refund, less shipping and handling. 3. Returns of all other product must be made within thirty (30) days of delivery of product orders in order
to receive a refund for the value of the saleable product returned. 4. Returns of all saleable products made more than thirty (30) days from the delivery date will be eligible for product credit towards other ViSalus products and are subject to a 10% restocking fee. 5. Packages returned due to unsuccessful deliveries (i.e., three (3) delivery attempts, Customer moved, Customer gave incorrect or incomplete address) may be subject to additional shipping and handling charges to have the product resent. 6. Commissions of any type that are paid to Promoters on products that are ultimately returned to ViSalus for refund will be deducted from future Commission payments. 7. Returns of more than $300.00 within one (1) year will result in termination of a Promoter’s account.
unused and saleable products up to $450. If the value of the returned product exceeds 50% of the product value originally received, the Fast Start Bonus received by Promoters on said sale will be deducted from future commissions owed to those same Promoters. If a VIP cancels the Promotership within the first year but more than thirty (30) days after the enrollment date, the same guidelines apply; however returned, saleable products will result in a product credit equal to the discounted value of those products (up to $450) rather than a refund and will be subject to a restocking fee. Return Procedure: A Return Pre-Authorization Number is necessary for a return to be processed. The Customer or Promoter is required to contact ViSalus at 1-877-VISALUS to obtain a Pre-Authorization Number. Refunds cannot be processed without this number. When returning an order, make sure the ViSalus invoice is included in the box. If a package is returned without a Return Pre-Authorization Number, the information will be documented and the Customer or Promoter will be required to call and provide further information as to why the package was returned. Unauthorized credits will not be issued when a package is returned. Customer Service: 1-877-VISALUS Monday-Friday: 24 hours Saturday: 9:00am–5:00pm ET Invalid Preferred Order Policy: Sending in Preferred Customer orders without the Customer’s consent is a serious offense. Invalid Preferred Customer orders are defined as orders sent in as Preferred Customer orders for any purpose without the written authorization from the Customer. Sending in a preferred order when a Customer stated that they would like to try the product one time may be considered credit card fraud and/or forgery. ViSalus investigates all Customer
90 DAY MONEY-BACK RESULTS GUARANTEE
Guarantee is available to Customers and Promoters who: • Purchase a Challenge Kit and use the products as directed for 90 days; • “Goes Public” with their Challenge goal at challenge.com; and • If the Customer or Promoter is not satisﬁed with their Challenge results after completing the above steps, they must call 1-877-VISALUS within 10 days of completing their Challenge. • If a Promoter exercises the guarantee, they will forfeit their Promotership. ViSalus Executive & Star Promoter System and Business Opportunity Return Policy: A VIP who cancels the Promotership within thirty (30) days of enrollment may return unused products from the Executive and Star Promoter System that are unopened and in resalable condition. A refund will be issued for the value of the Business Opportunity ($49) and the value of
POLICIES & PROCEDURES
allegations of this kind and takes appropriate action.
VI. OBLIGATIONS OF VIPS
Change of Personal Information: VIP address information must be current and accurate in the system. ViSalus is not responsible for mail delays due to inaccurate and noncurrent residence information for VIPs. VIPs must report any change of address via Vi-Net. When changing to an Entity name and corresponding EIN, the VIP must submit all of the following documents to the home office in order to process the request for change: 1. A copy of the SS4 form, which is the form used to apply for an EIN through the IDS, or any other legal document that distinctly displays your Entity’s EIN. 2. Names and Social Security numbers of all the Entity’s principals. 3. A newly completed VIP Agreement, signed by an individual authorized to enter into binding agreements. Independent Contractors/ Expenses/Indemnity: All VIPs are responsible for any and all expenses that result from their business operation. Miscellaneous expenses include, but are not limited to: licenses or permits required to operate a business, legal fees connected with the use of a fictitious business name, telephone expenses, product advertising, etc. No VIP may bind ViSalus in any contractual relationships with their business other than the VIP Agreement. VIPs cannot and will not sign any contract, rent or lease office space or equipment, open any bank account, secure credit, cash any negotiable instrument, make any purchases or enter into agreements of any kind in the name of ViSalus. Such practices may result in VIP position termination. Each VIP shall hold ViSalus harmless from any claims, damages, expenses or liabilities
arising out of that VIP’s business practices, including attorney fees arising out of actions or conduct in violation of this agreement. VIPs may enter into agreements or contracts with other Promoters or 3rd parties outside of ViSalus. Such agreements or contracts do not concern ViSalus and as such, ViSalus will not intervene to resolve conflicts arising out of those agreements or contracts. Each VIP shall hold ViSalus harmless from any claims, damages, expenses or liabilities arising out of that VIP’s business practices, including attorney fees arising out of actions or conduct in violation of this agreement. VIPs may enter into agreements or contracts with other Promoters or 3rd parties outside of ViSalus. Such agreements or contracts do not concern ViSalus and as such, ViSalus will not intervene to resolve conﬂicts arising out of those agreements or contracts. Each VIP shall hold ViSalus harmless from any claims, damages, expenses or liabilities arising out of those independent agreements or contracts, including attorney fees. ViSalus reserves the right to intervene and/or demand the termination of a contract if we believe the contract is in violation of ViSalus’ Code of Ethics, Policies & Procedures, the Independent Promoter Agreement or could potentially damage the ViSalus brand or business. Claims and Representations: All VIPs begin with an equal opportunity for income. VIPs will not make any statements or representations regarding ViSalus services and/or products other than those provided in these Policies & Procedures and other printed material available from ViSalus. Visalus products are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases; any such claims about a ViSalus product are is strictly prohibited.
1. When an Agreement is signed, you become a self-employed, independent contractor. Independent Promoters do not work for ViSalus, they work with ViSalus, and hence they are not employees of the Company. VIPs may not create or seek to create the impression of a relationship of employee/ employer, agency, partnership or joint venture between ViSalus and the VIP, any participant, or referring VIP. Any implication or claim that a VIP or prospective VIP is or will be employed by ViSalus is prohibited. 2. VIPs shall make no claim or inference as to what may be earned. No guarantees of any income or assurances of any proﬁts or success are made by ViSalus. Furthermore, any proﬁts or success resulting from activities as a VIP will only be from the sales volume, products or services oﬀered by ViSalus and any success achieved will be based solely upon the VIP’s eﬀorts, commitment, and skill. 3. Each VIP acknowledges that no Attorney General or other regulatory authority ever reviews, endorses or approves any marketing company, its product or service, or its compensation plan, and will make no such claim to prospective ViSalus VIPs. In the event a question shall arise concerning legal compliance by ViSalus, the matter shall be submitted to the ViSalus Compliance Committee in writing at [email protected]
VIPs shall make no false or misleading statements concerning these relationships, and understand that if they do so, their relationship with ViSalus may be immediately terminated. Reporting of Taxes: VIPs are not considered employees for purposes of the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, laws requiring Income Withholding by ViSalus or any other laws governing
POLICIES & PROCEDURES
employees. It is the responsibility of each VIP to make self-employment and Federal Income Tax payments as required by law. ViSalus does not deduct any personal taxes from commissions and/or bonuses. At the end of the year, as required by law, ViSalus provides each VIP and the Internal Revenue Service with a 1099 Form. Currently, state laws require the reporting of incomes of Six Hundred ($600.00) dollars or more. These laws may change over time and ViSalus will furnish 1099 Forms in accordance with those laws. The 1099 Form reports the total income earned by each VIP from ViSalus during that year. Returned Check Policy: ViSalus will deposit checks once. Any check remaining unpaid will be subject to a Twenty-dollar ($20.00) returned check fee. The VIP will be deactivated until they have remitted, via credit card, money order or cashier’s check only, the total amount of the returned check plus the returned check fee. Only upon receipt of this payment will the VIP be reactivated. While a VIP is deactivated for a returned check, all commissions and/or bonuses will be held until ViSalus has received the total balance due. If a period of 30 days has passed since a deactivation for the NSF check and the balance due has not been remitted, all commissions and bonuses payable will be permanently forfeited. ViSalus may require that a VIP who has previously had a check returned for non-suﬃcient funds (NSF), remit all payments for future transactions via credit card. Commission Charge-backs: ViSalus pays commissions to the VIP based on the previous month’s volume. In the event a product should be returned, the VIP will be charged back for any commissions generated by the sale of that product. The process will retract commissions from the appropriate VIP and the respective upline. This charge-back will occur by debiting the VIP’s current monthly volume for the product amount. This will occasionally show a negative amount for volume. To
remain qualiﬁed for their position, any volume debited must be made up through additional sales bringing the VIP’s volume back up to qualiﬁcations deﬁned within the compensation plan.
VII. PROHIBITED PRACTICES OF VIPS
ViSalus conducts business in an ethical and credible manner, and expects all VIPs to work ethically with their Customers, with each other, and with the Company. ViSalus permits no unethical activity and ViSalus will intervene when unethical behavior is evident. ViSalus reserves the right to use its best judgment in deciding whether certain VIP activities are unethical and if determined so, are grounds for terminating the VIP position. If for any reason a VIP violates any of the terms of the Agreement and/or these Policies & Procedures, ViSalus reserves the right to immediately terminate the VIP’s position. Such action by ViSalus will terminate any and all rights of the VIP and any further payments of any kind and is effective at the time of the violation. The ViSalus Compliance Committee will determine if a violation has been made and the appropriate action or response. Examples of unethical activity include, but are not limited to: 1. Providing false information on paperwork, such as forging signatures; 2. Cross-line recruiting (see below); 3. Making false or misleading representations as to potential income, product beneﬁts, the actual use or eﬀect of ViSalus forms, the ViSalus relationship with its suppliers, or any other untrue statement regarding the nature of ViSalus and its business operations and products; 4. Contacting any supplier or provider with whom ViSalus contracts without ViSalus’ written authorization; 5. Writing bad checks to either the Company or another VIP; 6. Depositing checks made payable to ViSalus into personal
accounts instead of immediately forwarding them to the Company; 7. Spreading rumors throughout the Company with malicious intent; and 8. Failure to report any known incidents of someone else violating the Policies & Procedures or other suspicious activity Cross-Line Recruiting: ViSalus strictly prohibits “cross-line recruiting” which is the solicitation of any VIP who was already referred by another VIP. Directly or indirectly soliciting involvement of a referring VIP, or assisting in the solicitation of a referring VIP of any existing or pending VIP into another sales organization of which they are not currently a VIP is also prohibited. The offending enroller OR enrollee will face disciplinary action, up to and including termination. Right to Enrollment ViSalus believes in supporting an “as one” community. Therefore, if a VIP from one business organization extends an invitation to a potential new VIP to attend a ViSalus live event, and the person attends, it is strictly prohibited for a second VIP to enroll the potential new VIP. The VIP who first extended the invitation to the potential new VIP, has the right to enroll that person for a period of ninety (90) days from the date of the ViSalus live event that the potential new VIP attended, at the invitation of the first VIP. The potential new VIP attending the ViSalus live event must be fully aware that they are attending the event as a guest in order to learn about ViSalus products and the Company. Examples of live ViSalus events are: Vitality, National Directors Day and events which are VIPrun such as Challenge Parties (VIP and at least two invitees), Local Success Trainings, Regional Success Trainings, National Success
POLICIES & PROCEDURES
Trainings, etc. One-on-one meetings, where a VIP shows a video and serves a shake to a potential VIP, do not meet this definition. Any violation of this policy will result in immediate disciplinary action; the following steps will be used to resolve the violation: 1. The upline Ambassador of the oﬀending enroller must contact the upline Ambassador of the person aﬀected. They have seven (7) days to come to a resolution. Both Ambassadors should contact ViSalus Compliance with their resolution. 2. If the upline Ambassadors are unable to resolve: • To maintain the integrity of the structure, ViSalus will move the enrollee in question to the Promoter who had brought the enrollee to the live ViSalus event; and • The enroller in violation will receive an oﬃcial warning letter from Compliance informing them of their violation and will be placed on a 90-day probation. 3. If the same VIP has a 2nd violation: • The upline Ambassadors have seven (7) days to come to a resolution. If no resolution is agreed upon the enrollee will be moved to the Promoter who had brought the enrollee to the live ViSalus event; and • The oﬀending enroller will be placed on a mandatory 30-day suspension for this 2nd violation, regardless of the Ambassadors’ resolution. During this suspension any commission generated will be forfeited. 4. If the same VIP has a 3rd violation: • The upline Ambassadors have the opportunity to come to a resolution. If both Ambassadors are unable to come to an agreement, the upline Ambassador of the oﬀending Promoter will relinquish 10% of their monthly commissions; and • The VIP in violation will be terminated. The goal behind this policy is to ensure that the newly enrolled VIP is placed under the VIP who actually worked to enroll him/her. The Compliance Committee will take strong disciplinary action, if in resolving the Right to Enrollment issue, evidence comes to light that the parties misrepresented the truth or lied regarding the sequence of events, extending an invitation to attend a live event or date the new Promoter attended his/her first ViSalus live event, etc. Deceptive Enrollments: Any attempts of a Promoter to redirect individuals to their own site for enrollment purposes, in lieu of the site of the Promoter where the individual intended to enroll, is grounds for disciplinary action including possible termination of Promotership. Any positions created as a result of this activity will be moved to the correct enroller. Switching Teams: It is strictly prohibited for a VIP to switch from one sponsor line to another. If a VIP enrolls someone who is already in ViSalus, the 2nd position is deemed null and void and will be deactivated. Any VIPs enrolled under this 2nd position will remain as is. The offending enroller OR enrollee will face disciplinary action, up to and including termination. Promoting other multi-level marketing companies versus pre-existing income from another multi-tiered compensation plan (multi-level marketing company): Once an Individual becomes a ViSalus Promoter, he/she can no longer actively promote another MLM company, regardless whether the products or services are competing or not. ViSalus promoters are allowed to keep income from a previous MLM company, so long as ViSalus’ policy on active promoting and recruiting into another business entity is followed
(see above paragraph). If a husband and wife own separate positions in ViSalus, and one of them begins to promote another MLM, both positions are subject to suspension and/or termination. Recruiting ViSalus Promoters into another business entity: It is strictly prohibited to contact, solicit or recruit any VIP, whether active or inactive, into any organization that utilizes a multi-tiered compensation plan (multi-level marketing company or “MLM”). Promoting and/or recruiting via any type of social media is a violation of this policy. ViSalus reserves the right to seek appropriate remedies against Promoters who engage in this activity including legal action where appropriate. Where there is reasonable proof that a VIP is actively promoting another MLM and/or recruiting another VIP into another MLM opportunity, the offending VIP will be placed on immediate suspension, pending an investigation. If the investigation conﬁrms the allegations, the oﬀending VIP will be immediately terminated from ViSalus. Inventory Loading: ViSalus reserves the right to limit Promoter and Customer orders to a maximum of $4,999.00 in a one-month period regardless of payment method. This includes placing orders on more than one account, using multiple credit cards in one person’s name, which would total an amount over the $4,999.00. We do not suggest or condone the practice of ordering large quantities of inventory for the sole purpose of qualifying for a position in the ViSalus Compensation Plan. To protect against this, we monitor all account activity on a monthly basis and reserve the right to investigate or take disciplinary action should we believe such practices may be taking place. Should we find that this has occurred, the orders will be pulled and any position
POLICIES & PROCEDURES
promotions will be put on hold until resolution is reached within a reasonable amount of time. Inventory consists of any products, Basic, Executive and Star Promoter Systems and sales tools. No VIP should purchase more than one Promoter System. Spam: Spam is a message that advertises goods or services posted to a message board against stated policy, sent to someone without prior consent, or sent in the absence of a previous relationship. For purpose of ViSalus’ Anti-Spam Policy, Spam includes: • Email sent to people you don’t know; • Emails sent to people you know, but who aren’t expecting a solicitation from you; • Oﬀ-topic or excessive messages posted to Usenet news groups and message boards; and • Solicitations posted to chat rooms, or individuals via Internet Relay Chat or “Instant Messaging.” ViSalus strictly prohibits its VIPs from spamming and all other forms of Internet abuse to seek referrals. Tampering of Funds: Any VIP tampering with funds or operating a bank account in the name of ViSalus, or any similar name may have their VIP position terminated. Contact with Suppliers: VIPs are strictly prohibited from having any direct contact with suppliers whom ViSalus contracts unless it is in specific relation to a personal account they currently have with the supplier. A VIP may contact a supplier in regard to a ViSalus Customer only with prior written authorization from ViSalus. Please direct Customers to contact their appropriate provider of service directly to resolve any problem or issue that may incur. ViSalus has contracted with companies that have trained staff available to handle such situations.
Sponsor/Enroller Changes & Structure Changes: ViSalus believes in and maintains the maximum protection of the sponsor/enroller or enrolling and sponsoring relationship. ViSalus has one of the longest “waiting rooms” in the industry at sixty (60) days. Therefore, no structure changes are permitted after sixty (60) days of enrollment. Changing of a sponsor or enroller is strictly prohibited unless the VIP has been resigned for one (1) full calendar year. The only method for changing relationship is to submit a written request of resignation or interest in a position; only after a period of no less than one (1) full calendar year from the date of the resignation, will authorization to rejoin under another VIP be permitted.
NOTE: ViSalus will not mediate any disputes involving sponsorship. However, ViSalus does reserve the right to review sponsoring/enrolling practices.
or membership and in which the primary trade is the sale of professional services, not products. This Policy does not apply to online retail store sales. (See the following section on Online Stores and Retail Sales).
VIII. ONLINE STORES AND RETAIL SALES
ViSalus maintains a comprehensive suite of web services and tools to support its VIPs in their individual businesses. These are more than enough to support any VIP and any organization in leveraging online retail sales as a tool to promote the brand, the products and the opportunity. However, VIPs are independent businesspersons and some may choose to host and maintain their own websites that are wholly or partially devoted to generating retail sales. Even if a personally maintained landing page is linked to the ViSalus back office in order to complete transactions, it is still considered a personally-hosted website and is subject to this section. ViSalus requires advance registration of these proposed websites or web pages. The “VIP Retail Website Certification Application” is available on request from the Compliance Department, or it may be submitted on-line at policies.vi.com. On receipt of a completed Registration Form ViSalus will provide guidelines for the proper construction and operation of the site in order to ensure full compliance with the Policies & Procedures. ViSalus will then review the site pre-launch and if it is deemed to be satisfactory, ViSalus will issue a Letter of Certiﬁcation. There will be a registration fee of $2,500.00 and an annual audit fee $500.00. No VIP website may launch until the Registration Form is completed, the initial fee is paid, and the Certification Letter is issued by the Compliance Department. Failure to follow this procedure is a Policy & Procedure violation and
Retail Sales Policy: ViSalus has chosen a Direct Sales/ Network Marketing model rather than other possible retail models. Therefore, Promoters are expected to rely on networking to sell product and recruit new Promoters pursuant to the following policies. Public Retail Venues: Promoters shall not advertise, store or sell ViSalus products in public retail establishments, including but not limited to health food stores, drug stores, pharmacies, grocery stores, flea markets, chain stores, shopping malls or any other similar establishments in which the primary function is the retail sale of products rather than professional services. Private Retail Venues: ViSalus promotional materials and products may be displayed in the interior of private or restricted-access offices, business, private associations, fitness clubs and other establishments into which the general public is not allowed except by appointment
POLICIES & PROCEDURES
will result in disciplinary action up to and including deactivation of your position. Please contact the Compliance Department at [email protected]
visalus.com for further information or to request a Registration Form. VIPs who are already operating personal websites should contact the Compliance Department immediately to complete this process retroactively. Those who do not will eventually be contacted and required to do so.
In light of the foregoing, and in order to preserve and protect ViSalus’ brand and business reputation for high quality and service, ViSalus will only permit sales on eBay (or any other auction site) at the Suggested Retail Price along with applicable shipping & handling fees (free shipping & handling is prohibited). In addition, any VIP who lists the products on eBay or another auction site must include his or her ID# on the page where the products are being promoted so as to ensure that our sales are completely transparent and give no indication that we do not stand by our products both as individuals and as a company. Some Internet sites or “malls,” such as Amazon, are not necessarily devoted to the auctioning of products, but may nevertheless become problematic for the reasons set forth above and for other reasons. ViSalus reserves the right, in its sole and absolute discretion, to require that VIPs discontinue or alter their usage of such sites when it is our belief that usage is damaging the ViSalus brand or our business reputation. Failure to comply with the foregoing will result in serious disciplinary action up to and including deactivation of positions. Social Media Sites: Social media is a large part of the ViSalus culture, and VIPs should promote their business accordingly. Prohibited practices are any social media pages, links, blogs, etc. where the page is attempting to appear like a ViSalus corporatesponsored page. Social media sites include but are not limited to: Facebook, Twitter, LinkedIn, Myspace, BranchOut, Spoke, etc.
IX. ONLINE MARKETS, AUCTIONING AND SOCIAL MEDIA
Appearance of Corporate Sponsorship and/or Endorsement: It is strictly prohibited for VIPs to create marketing materials that may be mistakenly perceived to be created by ViSalus Corporate. “ViSalus Independent Promoter” should be prominently displayed, on all Online Markets, Auction and Social Media pages so as to avoid any confusion of Corporate sponsorship or endorsement. Any use of ViSalus trademarks, logos, etc. without approval is also prohibited on social media pages. Online Auction Sites and Internet Malls: Online auction sites, most notably eBay, can be valuable tools for building and promoting the ViSalus business. However, they can also be terribly damaging to the brand and the opportunity because they are often-viewed as a place to “dump” cheap, flawed or unsatisfactory goods. In the public eye, a key indication of quality issues is a willingness to sell at a discount and needless to say, discounting occurs as a matter of routine on eBay. Even if quality is not called into question, these sales can generate severe issues between VIPs as retail customers are drawn away from the VIPs who actually cultivated them.
promote their business eﬀectively. ViSalus encourages Promoters to use the pre-approved marketing tools that are available to Promoters in Vi-Net found under “marketing tools.” Promoters are also encouraged to use Vi-Net as their marketing system. At times, Promoters request permission to create their own marketing tools and materials. For those occasions, we have created the following policies to protect both the Company Brand and Trademarks, as well as ensure Independent Promoters do not make claims that misrepresent the Company, the business and income, or ViSalus products. Use of Trademarks, Trade Names and Logos: ViSalus is the sole owner of their trademarks. By signing their Independent Promoter Agreement, each Independent Promoter agrees not to use the Company’s trademarks, trade names, or logos or any variations thereof in any way without prior written consent by ViSalus. These belong exclusively to ViSalus, which endeavors to protect the name ViSalus, the trademark, the trade names and the designs of labels, to prevent unauthorized use. A trademark or logo is a proprietary name or symbol that ViSalus has the exclusive right to use. A trademark also includes the names used for ViSalus products. A trade name is a business name that ViSalus has the exclusive right to use. Company names such as ViSalus and ViSalus Canada are our legal trade names. Promotional Items: VIPs are allowed to create personal promotional items using the preapproved marketing tools found in Vi-Net and the Vi-Store. Any marketing materials outside the pre-approved marketing tools must include the words Independent Promoter to make it clear that the item is not Corporate-sponsored or endorsed.
X. SALES TOOLS
Sales Tools & Merchandise: ViSalus strives to provide our Independent Promoters with the tools they need to market and
POLICIES & PROCEDURES
Apart from the pre-approved marketing tools available in Vi-Net, and the Vi-Store, it is not permissible for a VIP to use the Company’s trade name and/ or trademark on promotional items including but not limited to: apparel (t-shirts, hats, other clothing), promotional items (pens, decals, car window shields, etc.), advertising (TV, radio, Internet), print tools (flyers, postcards, banners, brochures, etc.), website domains, website systems (replicable websites, training, etc.), mobile applications and other forms of display that promote the Company, the products, or the opportunity. Marketing and Educational Materials: Company marketing tools and materials may not be duplicated or reproduced. This includes manuals, Audio CDs, DVDs, brochures, business cards, websites, web videos, etc. Reproduction of unapproved Corporate-developed materials for personal use or re-sale profit will not be tolerated and can result in termination and financial ramifications. Independent Marketing Tools and/or Services: The intent behind Promoterproduced materials should be to support the building of their ViSalus business. Promoters should not be in the business of soliciting other Promoters to buy independent products or services. Promoters may not sell independent products or services on ViSalus-promoted websites, at Company-sponsored events, on Facebook, other social media sites or community forums where the ViSalus community has a presence. This includes marketing services that target ViSalus Promoters. A Promoter can market and/or use tools such as lead generation systems or similar products within its organization, but cannot sell these tools to other Promoters. Marketing and/or use of such tools is restricted to within the Promoter’s organization only.
Ambassador Exceptions: Under certain conditions, 3-Star Ambassadors and above may be permitted to create additional marketing materials for personal and team use only. Such items should not be promoted across lines to other teams. Any item created outside those provided by the Company must use the “Independent Promoter” logos provided by the Company, and will not misrepresent the item or message as being a corporate-sponsored or endorsed item. Any supplemental materials created by the Ambassador must be approved in writing by the ViSalus Compliance Department before they can be used. Send the request and a copy of the proposed item or literature to [email protected]
Upon approval all material MUST stay in the same format. Any changes must be resubmitted to Compliance for approval. The Promoter income opportunity should revolve around the sale of ViSalus products. No more than 5% of a 3-Star (or above) Ambassador’s total income should be made from selling their own tools. ViSalus reserves the right to ask for an audit of sales, to ensure compliance with a focus on selling ViSalus products. Refusal of the audit is grounds for termination. Advertising and Media: Advertising, including Radio, TV, and Affiliate (Internet lead generation) programs, Internet banner ads, and other types of marketing tools that mention ViSalus products or opportunity, must follow the same policy and be approved by the Company before they are aired, to ensure compliance with the brand, and product and opportunity claims. Directories: Promoters may feature ViSalus on personal websites, but must seek approval by sending an email to [email protected]
before uploading to the Internet and registering with any search engines. Promoters may list Promoter telephone or fax numbers in the
white or yellow page section of a telephone book using the following format exactly: Smith, Bob ViSalus Independent Promoter xxx-xxx-xxxx Any violation of the above policies could result in the termination of your Promotership. A Promoter who uses unapproved marketing materials assumes all liability for any claims that may violate FTC or FDA regulations. Promoters who violate this policy can also be held responsible for any potential revenue loss, legal fees or other Company losses that may result from their violation. Implications of Policy Violations: ViSalus may undertake, at its sole discretion, with or without prior notice, the following actions upon a violation of any of the policies. Frozen Accounts/Suspension: Upon the receipt of a credible complaint ViSalus may immediately freeze the VIP account of the individual implicated in the abuse. Frozen accounts are intended to prevent the abuser from benefiting from their abusive activities by prohibiting the offender from registering referrals or receiving payments. After a thorough investigation, if the incident is verified but does not rise to the level of a terminable offense, ViSalus may, but is not obligated to, lift the freeze. VIP Account Termination: Upon the receipt of a credible complaint, ViSalus may immediately terminate the VIP implicated in the abuse. Deactivating a VIP results in the immediate termination of the position, access to all reports, the forfeiture of any future monies, and the prohibition against any future VIP position. If a VIP is terminated, their personally enrolled downline will roll up to the next direct upline still in good standing and be placed within sixty (60) days.
POLICIES & PROCEDURES
If a Promoter is deactivated for any behavior that ViSalus deems unethical or against the policies, ViSalus reserves the right to terminate the VIP’s spouse due to a conflict of interest.
SUMMARY OF POLICIES & PROCEDURES
ViSalus has developed these Policies & Procedures in order to maintain order and integrity in our program and between our VIPs. ViSalus reserves the right to make any and all necessary changes to these Policies & Procedures, the Compensation Plan, and sales tools or materials. All active VIPs will be made aware of any changes via the Resource Library in Vi-Net or email notiﬁcation. If for any reason a VIP violates any of the terms of the Agreement and/or these Policies & Procedures, ViSalus reserves the right to immediately terminate or deactivate the VIP position. Such action by ViSalus will terminate any and all rights of the VIP and any further payments of any kind, and is eﬀective at the time of said violation. How to Report Abuse: To report a violation of any of the ViSalus policies, please forward all relevant evidence to the ViSalus Compliance Committee: [email protected]
or write to: ViSalus 340 E Big Beaver Rd #400 Troy, MI 48083
ViSalus INDEPENDENT PROMOTER (VIP) TERMS OF AGREEMENT
By joining ViSalus these are the Terms you have agreed to. Refer to the Policies & Procedures for detailed information. 1. I acknowledge that I am of legal age to enter into this Agreement and that I am a real person. 2. I understand and acknowledge that this Agreement is not binding until received and accepted by ViSalus. 3. I agree that as a Promoter, I am responsible for determining my
own business activities and that I am not an agent, employee or legal representative of ViSalus. I am responsible for the payment of all federal and state employment taxes and any other tax required under any federal, state or regulatory law. In the event that I fail to provide ViSalus a valid Social Security Number or employer identiﬁcation number, ViSalus may withhold commissions due to me until a valid number is provided. 4. I understand that I am not being sold a franchise or business opportunity. 5. I may cancel this Agreement for any reason, at any time, by giving ViSalus prior written notice. ViSalus may terminate this Agreement in writing upon violation of Policies & Procedures or in the event I violate any part of this Agreement. In such event, no further commissions will be paid by ViSalus. To cancel this Agreement, I must email notiﬁcation of cancellation to [email protected]
6. I agree that as a ViSalus Promoter, I shall place primary emphasis upon the sale of Products and Services to non-Promoter consumers as a condition of my receipt of commissions. Commissions I receive will be based upon fulﬁlling certain terms of qualiﬁcation as set forth by the Marketing Program and Compensation Plans as may be amended from time to time. A Three Dollar ($3.00) processing fee will apply to all payments. 7. I agree to keep accurate records and to abide by all federal, state, and local laws and regulations governing the sale or solicitation of the products and services marketed by ViSalus including, but not limited to, any and all permits and licenses required to perform under this Agreement. 8. I understand that no attorney general or other regulatory authority ever reviews, endorses, or approves any product, subscription, compensation program or company, and I will
make no such claim to others. 9. I understand that a $25 Administration Fee will be charged annually to my credit card on ﬁle with ViSalus. This fee is for services, which include, but are not limited to, downline reporting, Customer tracking and accounting services. The Administration Fee will be charged in the month of my enrollment anniversary and if not paid will result in my Promotership being placed on Financial Hold for up to ninety (90) days. If the Administration Fee remains unpaid ninety (90) days after it was due, my Promotership will be terminated and downgraded to a Customer Account and I will forfeit any commissions that were held since the time I was placed on Financial Hold. If my Promotership is terminated, I understand that I must re-enroll as a brand-new Promoter and will not be placed back in my original spot if I wish to pursue the ViSalus opportunity again. I understand that I will have to wait for a twelve (12) month period from the date of the termination. 10. I agree that ViSalus shall not be liable under any circumstances for any damage or loss of any kind, including indirect, special, punitive, compensatory, or consequential damages, losses or proﬁts which may result from any cause, including but not limited to, breach of warranty, delay, act, error or omission of ViSalus, or in the event of discontinuation or modiﬁcation of a product or service oﬀered by ViSalus. 11. ViSalus shall periodically make sales literature and/ or promotional materials available. However, I am under no obligation to purchase any materials or literature at any time. Refunds shall not be allowed under any circumstances, including, but not limited to, termination of this Agreement, obsolescence of such sales literature or promotional materials, or any other reason. Except as
POLICIES & PROCEDURES
speciﬁed in paragraph 25. 12. I agree that as a Promoter, this Agreement grants me the limited authority to promote and sell the products ViSalus markets subject to the terms and conditions established by ViSalus. 13. I will not make any false or misleading statements about ViSalus or its marketing program. I agree that I will operate in a lawful, ethical and moral manner and will not engage in or perform any misleading, deceptive or unethical practices. In the event I violate any of these conditions, my position may be terminated without further payment or compensation of any kind. 14. I acknowledge that I am responsible for supervising and supporting the Promoter I sponsor into the program and in my commissionable network. I agree to maintain monthly communication and support to those individuals in my commissionable network through written or verbal communication and attendance at meetings. 15. I acknowledge that ViSalus expressly reserves all proprietary rights to the Company’s trademarks, trade names, logos (“Proprietary Marks”) and copyrighted materials. I understand, acknowledge and agree that any monies that I pay ViSalus are in consideration of my receiving a non-exclusive license, during the term of this Agreement, to use the Proprietary Marks of ViSalus stipulated in the Policies & Procedures and in conjunction with the marketing program provided to me. I further agree that I will not use ViSalus’ Proprietary Marks in any form whatsoever except as permitted in writing by ViSalus or in advertising or promotion materials provided, designed or published by ViSalus. I understand that I may not photocopy or duplicate any materials provided by or purchased from ViSalus without written authorization and that the unauthorized use of any Proprietary Mark is a violation of
federal law and this Agreement constituting grounds for termination of this Agreement by ViSalus. 16. I understand that as a Promoter, I am free to select my own means, methods and manner of operation and that I am free to choose the hours and location of my activities under this Agreement subject only to the terms of this Agreement and ViSalus Policies & Procedures. 17. I acknowledge that I am not guaranteed any income nor am I assured any proﬁts or success. I certify that no claims of guaranteed proﬁts or representations of expected earnings that might result from my eﬀorts have been made by ViSalus or any ViSalus Promoters. In this connection, I shall not represent directly or indirectly that any person may, can or will earn any stated gross or net amount nor that sponsorship of others is easy to secure or retain, or that substantially all Promoters will succeed. 18. I acknowledge that I have the right to sign up as many personal Customers as I wish. I will receive a commission each month from my personal Customers’ purchases and my downline network in accordance with the ViSalus Compensation Plan then in eﬀect. 19. I agree to indemnify and hold harmless ViSalus from any and all claims, losses, damages and expenses, including any attorney’s fees, arising out of my actions or conduct in violation of this Agreement, Compensation Plan or any Policy or Procedure of ViSalus. I agree that in order to recoup any damages and expenses it has incurred due to such violation(s), ViSalus may oﬀset any commissions or other payments due me. In the event a dispute arises as to the respective rights, duties and obligations under this Agreement, Compensation Plan or the Policies & Procedures of ViSalus, it is agreed that such disputes shall be exclusively resolved in
the Circuit Court for Oakland County, State of Michigan, or Federal Court located in Detroit, Michigan. Michigan law shall apply to the resolution of all disputes. Louisiana residents may choose Louisiana law and jurisdiction. 20. I acknowledge that I have read and fully understand the ViSalus Policies & Procedures and Compensation Plan, which are incorporated herein by reference and are binding upon me. In order to maintain a viable marketing program and to comply with changes in federal, state or local laws or economic conditions, ViSalus may revise its Compensation Plan and Policies & Procedures from time to time. All changes thereto shall be eﬀective upon verbal or written notice to me and become a binding part of this Agreement. 21. I acknowledge that this Agreement, Compensation Plan and the Policies & Procedures incorporated herein by reference, constitute the entire Agreement between the parties and shall not be modiﬁed or amended except in writing, signed by ViSalus. This Agreement shall be binding upon and inure to the benefit of heirs, successors, and permitted assigns of the parties hereto. If any provision of the Agreement is determined by any authority of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason whatsoever, the validity of the remaining provisions or portions thereof shall not be affected thereby. 22. During the term of this Agreement (including any amendments), I will not sell any other products or services whether competing or not, for any MLM entity. I agree that I no longer promote any other organization that utilizes a multi-tiered compensation plan. 23. During the term of this Agreement (including any amendments) and for one (1) year thereafter, I understand and agree that I will not contact, solicit or recruit any
POLICIES & PROCEDURES
VIP, whether active or inactive, into any organization that utilizes a multi-tiered compensation plan. This includes indirect recruiting via any social media. I acknowledge that my violation of this provision will result in immediate termination of my Promotership and payments of any kind. 24. I understand that if for any reason a VIP violates any of the terms of the Agreement and/or these Policies & Procedures, ViSalus reserves the right to immediately deactivate or terminate my position. Such action by ViSalus will terminate any and all of my rights and any further payments of any kind and is eﬀective at the time of said violation. 25. ViSalus Executive and Star Promoter System and Business Opportunity Return Policy: An Independent Promoter who resigns their Promotership and cancels this Agreement within thirty (30) days of enrollment may return unused products from the Executive and Star Promoter System which are unopened and in resalable condition. A refund
will be issued for the value of the Business Opportunity ($49) and the value of unused and saleable products up to $450. If an Independent Promoter cancels their Promotership within their ﬁrst year but more than 30 days after their enrollment date, the same guidelines apply, however returned, saleable products will result in a product credit equal to the discounted value of those products (up to $450) rather than a refund and will be subject to a restocking fee.
LIFE • HEALTH • PROSPERITY
With ViSalus ™, every new Promoter has an equal opportunity. Your personal desire, work ethic and willingness to learn our proven system will determine the level of success you have within the program.
Toll-Free Promoter Relations: 1-877-VISALUS Monday–Friday: 24 hours Saturday: 9:00am–5:00pm ET Toll-Free Customer Relations: 1-877-VISALUS Monday–Friday: 24 hours Saturday: 9:00am–5:00pm ET vi.com
©2014 ViSalus Inc. All rights reserved. 340 E. Big Beaver Rd, Suite 400, Troy, MI 48083 1-877-VISALUS D1605US-09