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TRUVISION HEALTH CODE OF ETHICS
Promote a healthy lifestyle.
Are active product users and retailers.
Do not use pressure to make sales.
Provide a positive experience for others.
Are courteous, respectful, honest, and fair in all their doings.
Conduct themselves in a professional, ethical, moral, and legal manner.
Promote the development of admirable, virtuous, and positive character traits.
Are respectful to others.
Represent TruVISION, its products and opportunity truthfully and accurately.
Provide ongoing support and encouragement to other associates, within and without their organization.
Are truthful in their communications.
Protect confidential information.
Abide by all of the TruVISION Policies and procedures and the DSA Code of Ethics.
Associates do not:
Promote materialism by posting check amounts or purchased luxury items as a means of recruiting.
Conduct themselves in a manner that would reflect poorly on TruVISION or themselves.
Allow themselves to be placed in compromising situations where others might make assumptions about their morals or integrity.
Make unapproved claims about TruVISION’s Products or Opportunity.
Engage in any deceptive or illegal activities.
Entice nor encourage existing TruVISION Associates or customers to join their team.
Entice nor encourage TruVISION Associates or customers to join other companies.
Disparage TruVISION or its products, Employees, Associates or Customers.
Manipulate the Compensation Plan in any way.
TRUVISION HEALTH POLICIES & PROCEDURES
These TruVISION Health Policies & Procedures (hereafter, the “Policies & Procedures”) are effective and binding upon Associates of TruVISION Health which, together with its affiliates, parents, subsidiaries, successors, and assigns, are collectively referred to from this point forward as “TruVISION.” TruVISION has its mailing address at 12162 S Business Park Drive, Suite 114, Draper, Utah 84020. An Associate’s activities on and after the effective date must be in accord with these Policies & Procedures.
These Policies & Procedures, and the TruVISION Compensation Plan combine to form a contract (hereinafter the “Contract”), legally binding upon each Associate and TruVISION.
By accepting these Policies and Procedures in the online enrollment process, an Associate elects to enter into the Contract with TruVISION with confidence in TruVISION’s integrity and TruVISION’s expressed intention of dealing fairly with its Associates. TruVISION enters into the Contract with the awareness that its success depends upon responsible, efficient, vigorous, and successful Associates who conduct their businesses free of false, deceptive, or misleading advertising, marketing, pricing and service practices. TruVISION enters into the Contract with confidence in the Associates’ integrity, ability, duties, obligations and responsibilities.
The Contract governs the way an Associate conducts business with TruVISION, other Associates and customers. An Associate agrees to abide by the Contract, as currently published, and as may be amended. Any interpretation, clarification, exclusion, or exception to the Contract, in order to be effective, must be in writing and signed by an authorized officer of TruVISION.
Where the text of the Contract permits, the singular use of a word includes the plural and vice versa. In addition, one gender includes any gender. All dollar or monetary amounts are United States Dollars unless specifically indicated otherwise. In the event of conflict between the United States English language version of the Contract and any translated or foreign language version of the Contract, the United States English version shall control. If an Associate has questions concerning the Contract, they should consult with their legal counsel.
Requirements to become an Associate:
Be of the age of Majority
Have a valid Social Security number or Federal Tax ID number, where required.
Submit a properly completed and signed Application and Agreement to TruVISION.
Independent Contractor Status. Associates are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between TruVISION and its Associates does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Associate. Associates shall not be treated as employees for their services or for federal or local tax purposes. All Associates are responsible for paying local, state, and federal taxes due from all compensation earned as an Associate of the Company. The Associate has no authority (express or implied) to bind the Company to any obligation. Each Associate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Agreement, these Policies and Procedures, and applicable laws.
One Membership per Associate. TruVISION Associates may own, operate, or have equitable interest in only one Membership account. Associates shall not use business entities, trusts, or other devices to avoid this policy. Associates shall provide, upon request, all relevant information regarding beneficial interests in any TruVISION business entity. Spouses may hold a separate Membership account; however, such account must be in the same downline as the spouse and must have the same sponsor. An exception to this policy will be considered on a case-by-case basis if two Associates marry or in cases of an Associate receiving an interest in another Membership account through inheritance from an immediate family member. Requests for exceptions to this policy must be submitted in writing to the Compliance Department. If any member of an Associate’s immediate household engages in any activity which, if performed by the Associate, would violate any provision of the Agreement, such activity will be deemed a violation by the Associate and TruVISION may take disciplinary action against the Associate pursuant to the Statement of Policies and Procedures. 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.
Children Living at Home. An Associate’s child who is over the age of majority (usually 18) and residing in the same household as the Associate may own a Membership independently from his or her parent. However, the Membership owned and operated by the child must be a bona fide Membership account separate and apart from the parent’s account. A 4.22.2 – Actions of Household Members or Affiliated Individuals
No Product Purchase Required. New Associates are not required to purchase any TruVISION product or services in order to become a TruVISION Associate. However, a new Associate is required to pay an annual Membership fee of $35.00, which includes the use of helpful information and tools to start a business as a TruVISION Associate. See Section 2, paragraph 1.
Once a TruVISION Application and Agreement has been accepted by TruVISION, the benefits of the Compensation Plan and the Agreement are available to the new Associate. These benefits include the right to:
Purchase the high quality TruVISION products and services at below Retail Price;
Develop a Customer base and profit from Customer Sales;
Participate in the TruVISION Compensation Plan (receive commissions, if eligible);
Sponsor other individuals as Associates into the TruVISION business;
Receive a free replicated website to promote the Associate’s TruVISION business; and
Receive periodic communications from TruVISION.
Preferred Customer. Preferred Customers purchase high quality TruVISION products and services at below retail Price if the Preferred Customer is on AutoShip. Volume is accrued on the Sponsor’s first level.
Retail Customer. Retail Customers purchase high quality TruVISION products and services. Volume is included in the Sponsor’s personal volume.
Cancellation of Autoship. TruVISION Associates and Preferred Customers enjoy the benefits of AutoShip. In the event that an Associate or Preferred Customer desires to change the AutoShip or cancel the AutoShip, such modifications or cancellations must be received, and such changes must be made, at least 2 full business days prior to the date the AutoShip is scheduled to run.
Responsibilities of Sponsors. Every Associate who sponsors another Associate must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her TruVISION business. Associates must have ongoing contact and communication with the Associates in their downline. Associates must train their downline with product knowledge, effective sales techniques, Company Compliance and Policies and Procedures.
“Stacking” is strictly prohibited. The term “stacking” includes: (a) providing financial assistance to Associates or Customers for the purpose of maximizing compensation; (b) violating the One Membership per Associate rule; and/or (c) enrolling fictitious individuals or entities.
Associates shall safeguard and promote the good reputation of TruVISION and its products. All marketing and promotional materials shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct or practices. Associates shall submit all marketing and promotional materials to the Compliance Department for approval prior to publishing the materials. Unless the Associate receives specific written approval to use the material, the request shall be deemed denied.
Internet Advertisement. In all promotional materials, including Internet Advertisements, the Associate shall prominently identify himself or herself as an Independent Associate of TruVISION. Under no circumstances shall an Associate publish a price for TruVISION products at a price below the suggested retail price.
Commercial Retail Outlets. TruVISION strongly encourages the retailing and selling of its products and services through person-to-person contact and through an official company website. In an effort to reinforce this method of marketing and to help provide a standard of fairness for its Associates, TruVISION prohibits Associates from displaying
or selling TruVISION products, services, or literature in any retail or service establishment.
Trade Shows, Expositions, and Other Sales Forums. Associates may display TruVISION products at trade shows and professional expositions. Before submitting a deposit to the event promoter, Associates must contact the Compliance Department in writing for conditional approval, as TruVISION’s policy is to authorize only one TruVISION business per event. Final approval will be granted to the first Associate who submits an official advertisement of the event, a copy of the contract signed by both the Associate 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 Compliance Department. TruVISION 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, services, or the TruVISION opportunity. Approval will not be given for swap meets, garage sales, flea markets, or farmer’s markets, as these events are not conducive to the professional image TruVISION wishes to portray.
Trademarks and Copyrights. TruVISION will not allow the use of its trade names, trademarks, designs, or symbols by any person, including Associates, without its prior, written permission. Associates may not produce for sale or distribution any recorded Company events and speeches without written permission from TruVISION, nor may Associates reproduce for sale or for personal use any recording of Company-produced audio or video presentations. The name of TruVISION, TruVISION products, and other names as may be adopted by TruVISION are proprietary trade names, trademarks, and service marks of TruVISION. As such, these marks are of great value to TruVISION and are supplied to Associates for their use only in an expressly authorized manner. No Associate shall use a TruVISION trade name or trademark as part of its URL or in any other circumstances without express, written authorization.
Media Inquiries. Associates must not attempt to respond to media inquiries regarding TruVISION, its products or services, or their independent TruVISION business. All inquiries by any type of media must be immediately referred to TruVISION. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
Help Wanted Ads. Associates shall not advertise in the “Help Wanted” section of newspapers, periodicals, websites, or other media. Under no circumstances shall an Associate place an advertisement seeking to attract new Associates that states or implies that an employment opportunity exists. All advertisements, regardless of the media utilized, must specify that the TruVISION program is an opportunity to run your own independent business.
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 Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Associate or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Associates or Customers (“phantoms”); (d) purchasing TruVISION products or services on behalf of another Associate or Customer, or under another Associate’s or Customer’s I.D. information to qualify for commissions or bonuses; or (e) purchasing more product than a Associate and his or her family can reasonably consume in a month.
Change of Sponsorship or Placement. Sponsor changes are not permitted. An Associate may change organizations by voluntarily cancelling his or her Membership and remaining inactive (i.e., no purchases of TruVISION products, no sponsoring, no attendance at any TruVISION functions, no participation in any other form of Associate activity, and no operation of any other TruVISION business) for six full calendar months. Following the six-month period of inactivity, the former Associate may reapply under a new sponsor.
Re-packaging and Re-labeling Prohibited. Associates may not re-package, re-label, refill, or alter the labels on any TruVISION products, information, materials, or programs in any way. TruVISION products must be sold in their original containers only. Such relabeling or repackaging would likely violate federal and local laws, which could result in severe criminal penalties. An Associate may also be subject to civil liability as a consequence of the repackaging or re-labeling of products.
Associate Consent. Each Associate hereby consents to TruVISION’s use of the Associate’s image including, but not limited to: the Associate’s name, professional name(s), photographs, testimonials, likeness, title, positions, voice(s), biography, and any film footage, videotapes, audiotapes, recordings, articles, and interviews of the Associate, in any form and medium whatsoever, when created in connection with any TruVISION product or opportunity, any events, promotions, and/or conventions to advertise, promote, and publicize TruVISION product or the TruVISION Business Opportunity. An Associate may withdraw such consent by notifying TruVISION in writing and providing at least six (6) months advance notice before such withdrawal takes effect.
In addition, each associate agrees that TruVISION may contact the Associate by the provided telephone number, fax number, or E-mail address concerning his or her TruVISION Business and Associate status during the term of this Contract. Associates also acknowledge that they agree to accept electronic copies (fax, scans, reprints or other formats) as being the same as the original documents, and that documents, requests, and authorizations submitted electronically on behalf of the Associate are explicitly deemed to have the same force in law as their manual signature. Associates also consent to having various earnings reclaimed by the company from an Associate’s future earnings including, but not limited to: RMAs, fraud, credit card charge-backs, insufficient funds check returns, Commissions paid erroneously, and/or disciplinary actions.
Excess Inventory Purchases Prohibited. Associates are not required to carry inventory of products or sales aids. TruVISION strictly prohibits the purchase of products in unreasonable amounts primarily for the purpose of qualifying for commissions, bonuses, or advancement in the Compensation Plan. Associates may not purchase more inventory than they can reasonably resell or consume in a month, nor may they encourage others to do so.
Policy Enforcement. TruVISION endeavors to enforce the Contract on a uniform and nondiscriminatory basis. However, the failure of TruVISION to enforce any of the provisions of the Contract with one Associate does not waive the right of TruVISION to enforce any such provision(s) with that same Associate or any other Associate.
Associate Lists. TruVISION desires to protect its Associates and TruVISION from inappropriate and unfair competition. Lists of Associates and any customers, activity reports, Downline organizations, and other information regarding Associates (hereinafter “Lists”), whether partial or complete, provided by or originating from TruVISION or any Associate or Vendor may not be reproduced in any way or in any part by an Associate. The Lists are the confidential and proprietary property of TruVISION. TruVISION has derived, compiled, configured, and currently maintains Lists through the expenditure of significant time, computer programming and monetary resources. Lists, in present and future forms and as amended from time to time, constitute commercially advantageous proprietary assets and trade secrets of TruVISION, which Associates agree to hold confidential. Lists shall not be disclosed by Associates to any third party or used for any purpose other than in the performance of their obligations under the Contract and for the benefit of TruVISION and the Associate’s TruVISION Business. Lists are provided for the exclusive and limited use of the Associates to facilitate the training, support, and service of the Associate’s Downline to further the Associate’s TruVISION Business.
To access TruVISION information, materials or Lists online or through other electronic or physical means, an Associate agrees to comply with all requirements designated for such access. Each Associate agrees that the use of Lists within the intended scope constitutes a separate, exclusive license agreement between the Associate and TruVISION. Lists remain, at all times, the exclusive property of TRUVISION and must be returned to TruVISION immediately upon request. An Associate who receives a List agrees to limit the use of said List to exclusively advance an Associate’s TruVISION Business; and to hold confidential and not disclose any List or portion thereof to any third party, including, but not limited to, other Associates, competitors, and the general public. Any unauthorized use or disclosure of Lists constitutes misuse, misappropriation, and a violation of the Contract and is acknowledged to cause irreparable harm to TruVISION. Associates agree that upon any violation of this paragraph, the Associate will stipulate to injunctive relief, enjoining such use under applicable national, state or local law, and retrieve and return to TruVISION all existing Lists previously provided to the Associate, and that intended or unintended misuse of a List may be cause for termination of an Associate’s TruVISION Business, whether or not such misuse causes irreparable harm to TruVISION or one of its Associates. In addition, an Associate agrees that the obligations under this section shall survive the termination of the Contract and that TruVISION reserves the right to pursue all appropriate remedies under applicable national, state or local laws to protect its rights to the Lists as proprietary and trade secrets of TruVISION. Any failure to pursue such remedies will not constitute a waiver of those rights. An Associate agrees that, but for this agreement of confidentiality and non-disclosure, TruVISION would not provide the Lists to the Associate. TruVISION reserves the right to restrict the nature and scope of such information at its sole discretion, including the number of levels a given Associate may have access to, as well as the type and amount of information made available at any level.
Associate Gifts to TruVISION Employees. TruVISION employees are dedicated professionals committed to the success of Associates. TruVISION employees endeavor to treat all Associates with respect and fairness; consequently, TruVISION employees may not accept any cash gifts from an Associate. TruVISION employees appreciate the kindness of Associates and may accept small tokens or gifts of appreciation valued at fifty ($50.00) USD or less, upon notifying and receiving approval from their department supervisor.
TruVISION Associates shall provide an accurate mailing address. Such addresses must meet all local postal standards in order to ensure prompt and accurate deliver of the TruVISION product.
In the event that a product is lost in shipping or otherwise is not delivered to the Associate in a reasonable amount of time, TruVISION shall reship the product to the Associate with no additional cost to the Associate. However, once TruVISION has reshipped product once, the Associate bears the risk that the product will not be delivered on every shipment that follows. TruVISION will only reship product to the Associate once. TruVISION may require or the Associate may choose to pay for priority mailing that allows the product to be tracked.
Return Policy – Commissions are paid weekly. If an order is canceled before the product has been shipped and before commissions have been paid, then TruVISION will issue a full refund to the Associate. However, if the order is canceled and the product is returned after commissions have been paid, then TruVISION shall deduct the commission payout from the refund, then refund the remaining portion, which is approximately 40% of the wholesale price.
Generally, sales in countries other than the United States are intended for personal use and are not intended for resale. Such sales are designed to comply with the country’s not-for-resale or personal use program and Associates are required to comply with all regulations associated with those programs.
TruVISION Employees. TruVISION employees are responsible to support and assist Associates, to avoid conflicts of interest, and to further an Associate’s respect of the confidentiality and neutrality of all TruVISION employees. An Associate shall not solicit or Enroll TruVISION employees or Associates of the employee’s household to become Associates or otherwise grant an employee any beneficial interest in any Associate’s TruVISION Business. To ensure the integrity of the TruVISION Business Opportunity, during the term of their employment and according to contract, no TruVISION corporate officer, director, employee, product supplier, agent, representative, or consultant or any Associate of their household is allowed to become an Associate, have a beneficial interest in any TruVISION Business or build a Downline within TruVISION or any other network marketing or direct selling company without the express written consent of the President of TruVISION.
Associate Divorce or Partnership Dissolution. In the unfortunate circumstance that married Associates, or partners who share in a certain TruVISION Business, obtain a divorce or wish to dissolve their partnership, TruVISION will continue to treat the TruVISION Business according to the existing Distributorship ownership until such time as TruVISION receives written notice from both parties, or a certified court order directing otherwise. The written notice must be signed by all parties and notarized.
Upon death, a Membership may pass to successors in interest as provided by law, and, upon TruVISION receiving, from the successor, a certified copy of the death certificate, and will, trust or any other legal instrument demonstrating the successor’s rights and interest. After acceptance by TruVISION, a successor shall be entitled to all the rights and privileges, and subject to the duties and obligations of the Contract.
Associate Status Changes and Transfers. To convey, sell, assign, or otherwise transfer a TruVISION Business or any interest therein, an Associate must contact the TruVISION Compliance Department and follow its internal policies and meet any requirements, as may be amended from time to time. The same Terms and Conditions of the offer to purchase requires an offer in writing to the Enroller first and the Sponsor second. No Associate shall sell or assign a Membership in order to circumvent the Contract, including but not limited to cross-sponsoring rules, and/or the possession of or interest in, more than one Membership, or any mandatory waiting period after the termination of a previous Membership. TruVISION reserves the right to review any sale or assignment, and to impose reasonable conditions on the sale or assignment to ensure compliance with the Contract.
Product Guarantees, Returns and Inventory Repurchase
TruVISION Health offers a sampling program for people to try our products prior to making a commitment to purchase larger quantities. This takes the place of a traditional “money back guarantee.” We encourage all people to sample our products prior to making any commitments to purchase larger volumes of product. TruVISION will offer a 90% return policy on items returned in resalable condition within 30 days of purchase.
Cooling off Period
TruVISION Associates must inform Retail Customers of their right to rescind a purchase or an order within 72 hours, and ensure that the date of the order or purchase is entered on the order form. A Retail Customer who makes a purchase of $25.00 or more has three business days (Saturdays constitute business days) after the sale or execution of a contract to cancel the order and receive a full refund. Alaska residents have ten days.
Returns by Associates (Products Returned by Retail Customers)
If a Retail Customer returns a product to the Associate from whom it was purchased, the Associate may return it to TruVISION for an exchange or refund (less shipping and handling). All products returned by Retail Customers must be returned to TruVISION within ten days from the date on which it was returned to the Associate.
Return of Inventory and Sales Aids by Associate
Upon cancellation of a TruVISION Associate’s Agreement, the Associate may return inventory and sales aids for a refund if the product is in resalable condition. Upon receipt of the products and sales aids, the Associate will be reimbursed 90% of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit or debit card, the refund will be credited back to the same account. TruVISION shall deduct from the reimbursement paid to the Associate any commissions, bonuses, rebates or other incentives.
Returns Procedure from Associates to TruVISION
All returned products must have a Return Goods Authorization Number, which is obtained by calling the TruVISION Customer Service Department. The Return Goods Authorization Number must be written on each carton returned.
Unauthorized Claims and Actions
An Associate is fully responsible for all of his or her verbal and written statements made regarding TruVISION products, services, and the Compensation Plan which are not expressly contained in official TruVISION materials. Associates agree to indemnify TruVISION and TruVISION’s directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court cost, or lost business incurred by TruVISION as a result of the Associate’s unauthorized representations or actions. This provision shall survive the termination of this Agreement.
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by TruVISION may be made except those contained in official TruVISION literature. In particular, no Associate may make any claim that TruVISION products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Not only do such claims violate TruVISION policies, but they potentially violate federal and local laws and regulations, including the Federal Food, Drug and Cosmetic Act and Federal Trade Commission Act.
In their enthusiasm to enroll prospective Associates, some Associates are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new Associates may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved. Moreover, the Federal Trade Commission and several states and provinces have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. Therefore, Distributors may not make income projections, income claims, representations, or disclose his or her TruVISION income or the income of any other TruVISION Associate (including the showing of checks, copies of checks, bank statements, or tax records).
Sample Sales. TruVision Health Products are effective. The best way to get customers to purchase TruVision product is to have them to try the product. Once they see how great it works, they want to buy it. For that reason, TruVision Health has developed a sample program. The samples are sold at a reduced price to make it affordable to encourage others to try the product. The purpose of the program is to introduce potential customers to the product. In keeping with this purpose, TruVision Health places the following restrictions on sample sales:
No Associate shall sell more than two samples to any one customer.
Associates shall not sell any sample product to any person or customer who has previously purchased sample product.
Samples in the 50 Pack will be available for Associates who attain the rank of 1 Star and above.
No Associate shall sell the sample pack for less than $25.00 USD.
ASSOCIATE RENEWAL, RESIGNATION AND TERMINATION
TruVISION Associate Renewal. As part of remaining in good standing, an Associate must renew their Contract and their TruVISION Business status annually, based upon their initial enrollment date. All Associates have an opportunity to renew their TruVISION Membership by paying the Renewal Fee of $35.00. The responsibility to renew rests with each Associate; however, the Associate expressly authorizes that TruVISION may deduct the Renewal Fee from Associate’s check and/or may process the Renewal Fee payment using the payment method on file with TruVISION. At the election of TruVISION, an Associate who fails to renew his/her TruVISION Business may have their distributorship converted to Preferred Customer status, distributorship terminated and/or be removed from the Associate database. If a TruVISION Business position is terminated for failure to renew or by voluntary resignation, an Associate may not be reinstated or regain their Rank or Downline Organization existing at the time of termination, and may not reapply as a new Associate for a period of not less than six months, at the sole discretion of TruVISION.
TruVISION Business Ethics. TruVISION honors all applicable federal, state, and local laws and regulations governing good business practices as well as the standards set by the Direct Selling Association (DSA) and the Multi-Level Marketing International Association (MLMIA). Associates must adhere to the same ethical business practices to be successful. An Associate agrees to comply with the Contract, all contractual obligations, and any applicable state and federal laws. Any breach or violation of the Contract may be deemed unethical and grounds for disciplinary action, including termination, to protect TruVISION, its Associates and the integrity of the TruVISION Business. Examples of unethical behavior include, but are not limited to: 1) Cross-sponsoring; 2) Raiding; 3) Writing checks on insufficient funds to TruVISION; 4) Unauthorized use of another person’s credit card; 5) Credit card charge backs; 6) Misrepresenting the TruVISION product or TruVISION Compensation Plan; 7) Engaging in any deceptive or unlawful trade practice or other illegal or unlawful activity; 8) Creating or publishing advertising material without prior Company approval; 9) Any unauthorized use of the TruVISION names, trade names, domain names, patent information, trademarks, or logos; and 10) Manipulating the TruVISION Compensation Plan, 11) Defaming, making libelous statements or impugning TruVISION, its products, services, staff, executives, vendors, or other Associates.
Unfair Competition and “Cross-Sponsoring”. An Associate may not Enroll, solicit or attempt to Enroll or solicit any other Associate into any other network marketing or direct selling company. Further, an Associate may not solicit the participation of any other Associate to purchase any non-TruVISION product that is competitive with TruVISION product or opportunities, or to participate in any other direct sales, network marketing, or multi-level marketing company or opportunity through direct solicitation by telephone, internet, mail, in person, or any other means of communication. The foregoing prohibited activities constitute unfair competition with TruVISION and are also known as “Cross-Sponsoring.” Cross-Sponsoring damages other Associates’ businesses and may be grounds for termination and/or other disciplinary action. Associates may not offer the TruVision opportunity, products or services to prospective or existing Customers or Associates in conjunction with any non-TruVision approved program, opportunity, product or service. Distributor may not offer any non-TruVision approved opportunity, product or services at any TruVision-related meeting, seminar, convention, or immediately following such event.
Voluntary Resignation. An Associate may, at any time, voluntarily resign as an Associate. An Associate, who resigns loses all rights and all beneficial interests in the resigned TruVISION Business and to any Downline Associates. An Associate who voluntarily resigns may not reapply for a new TruVISION Business or apply to hold a beneficial interest in an existing TruVISION Business until six (6) months after TruVISION has finalized the termination. An Associate may resign voluntarily by submitting to TruVISION a resignation letter signed by all Associates in the TruVISION Business account and listing the Associate name(s) and ID Number(s) and returning or destroying (including a notarized statement that they personally performed or witnessed such destruction) all TruVISION Lists, or other proprietary information in the Associate’s possession or control; or simply resign by failing to renew the distributorship pursuant to Section 1 above. Any terminating Associate is responsible for returning or destroying all TruVISION Lists in the Associate’s possession or control. An Associate is not entitled to any renewal or enrollment kit refund upon resigning. It is the Associate’s responsibility to renew their Membership; TruVISION has no obligation to inform any Associate of their renewal date or the exact date that an unrenewed Membership will be terminated, suspended or converted to preferred customer status.
Disciplinary Process. Failure to abide by the Contract may lead to appropriate disciplinary action. After a disciplinary action is complete, TruVISION, at its discretion, may announce details of such disciplinary action publicly. Policy violations that do not lead to immediate termination may be dealt with as detailed below. The disciplinary process may involve any one step, some, or all of these steps:
Informal warning. The Associate may be notified verbally or in writing that the Associate is in violation of the Contract.
Formal warning. A formal written warning may be sent to the offending Associate explaining the violation, required corrective action and stating that failure to remedy the stated violation may result in further disciplinary action.
Probation. An Associate may be placed on probation for violating the Contract. The length and conditions of the probation may vary, depending upon the circumstances, but may include the denial of access to Downline organizations, Lists, the virtual office, any TruVISION websites or other restrictions. An Associate placed on probation may appeal the probation using the same procedures for appealing a suspension.
Suspension. Suspension is the temporary withdrawal of an Associate’s license to act as an Associate. An Associate and their TruVISION Business may be suspended for serious violations or breaches of the Contract, and a suspension may last for a period of days or months, depending on each circumstance. Associates may also be suspended during investigation of potential violations or breaches of the contract. In the event of a suspension, a suspension letter will be sent to the Associate. This notice will list actions the Associate must take in order for TruVISION to revoke the suspension, or the issues being investigated. These actions may include the immediate cessation of all violations; the submission of a written statement to TruVISION responding to the suspension; and such other action as may be necessary or requested by TruVISION. An Associate who fails to respond to a suspension letter may be terminated. An Associate may appeal a suspension in writing within the time period outlined in the suspension letter. Suspended Associates are not eligible to receive compensation, earned or otherwise, from TruVISION or participate in any TruVISION functions or programs. TruVISION reserves the right to withhold compensation until the disciplinary process has been completed to TruVISION’s satisfaction. Because suspended Associates may not place product orders, they will not qualify in the TruVISION Compensation Plan during their term of suspension. TruVISION may, at its absolute discretion, qualify a TruVISION Business during the suspension and retain all the earned Commissions to offset Associate-caused damages to TruVISION. Additional administrative processing fees may also be assessed.
Termination. When a decision is made to protect TruVISION and other Associates and/or customers by terminating an Associate for cause, TruVISION will send notification by mail to the terminated Associate at the most recent address on file. Upon receipt of notice from TruVISION, the Associate shall immediately cease all Associate activities and return all Lists to TruVISION. Notice will be deemed received upon delivery, but no later than ten (10) days after mailing.
Disciplinary Termination. An Associate may be terminated at any time by TruVISION for cause. An Associate agrees that TruVISION has the right to take quick and decisive action in limiting or terminating an Associate that is found in violation of the Contract or any state or federal laws, statutes, and/or regulations that pertain to the TruVISION Business. TruVISION also reserves the right to pursue reasonable legal recourse for any such violations, as well as reimbursement from the Associate for any expenses arising from the violation, including court costs and attorneys’ fees. Any Associate who is terminated under this clause must perform the acts described in the Contract regarding the surrender or destruction of any and all Lists and/or other intellectual property owned by TruVISION; additionally, terminated Associates are reminded that the terms of confidentiality in this Contract survive an Associate’s termination.
Appeal of Termination. An Associate who has been terminated involuntarily may appeal the termination by submitting a written explanation, including any extenuating or mitigating circumstances. The Associate must submit the written appeal within the time period specified in the termination letter, but no later than ten (10) calendar days of receipt of notice of the termination. TruVISION will review any timely appeal and notify the Associate of its decision. If the appeal is not received within the specified time period, the termination will be final.
Termination Results. Whether an Associate of a TruVISION Business is terminated through voluntary resignation or through involuntary termination by TruVISION, that Associate’s licenses, rights, and privileges are revoked and the Associate is no longer entitled to sell TruVISION product, to sponsor other prospective Associates, or represent himself/herself as an independent contractor or Associate of TruVISION, or to receive Commission payments. Any Bonus Rollover amounts on a terminated account may be converted to account credits at the time of termination. In addition, a terminated Associate loses all rights to the existing Downline and is no longer entitled to receive Commissions, awards, or any compensation or recognition whatsoever, already earned or otherwise, from TruVISION, nor is the Associate entitled to any other claim for indemnification with regard to the loss of his or her customer base or any investments made. An Associate also forfeits any rights to Lists. A terminated Associate must immediately return all existing Lists to TruVISION including all other documents and materials made available to him or her. Involuntarily terminated TruVISION Membership positions are the exclusive property of TruVISION and may remain in the current TruVISION Downline position to be disposed of in a manner that reflects consideration and serves the best interests of TruVISION, as well as the interests of the Upline and Downline Associates of the terminated TruVISION Business. An Associate who has been terminated for cause may not reapply for a TruVISION Business for one year following the date of termination.
GENERAL TERMS AND CONDITIONS
Vendor Confidentiality. TruVISION’s relationships with its vendors and suppliers are confidential and exclude TruVISION Associates. Consequently, an Associate shall not contact or communicate, directly or indirectly, in any way with any TruVISION vendor or supplier, except at specific TruVISION events the vendor or supplier may attend at TruVISION request.
Non-Circumvention. An Associate warrants that by entering into this Contract, the Associate does not violate any other agreements the Associate has entered into with a third party, and further, that the Associate has not entered into any agreement or contract that may invoke a non-competition restriction by any employer or direct selling company that will restrict or prevent the Associate from performing the Associate’s duties hereunder, and that the Associate has no existing contractual or fiduciary duties that would prevent the Associate from receiving the benefits of, and performing the duties of, this Contract.
Amendment/Acceptance. TruVISION may amend the Contract, the Polices & Procedures and the TruVISION Compensation Plan, at any time, at its discretion, and such changes shall be effective and binding seven (7) days after appearance on the TruVISION corporate website or in an official TruVISION publication, or upon acceptance of any Commission payment or placing of any product order. An Associate’s continuation of a TruVISION Business and/or acceptance of any earnings pursuant to the TruVISION Compensation Plan or acceptance of any other benefits under the Contract constitutes acceptance of the Contract in its entirety along with any and all amendments thereto.
Limitation of Liability. Regardless of the form of claim, whether in tort, contract, or other, TruVISION and its officers, employees, and agents shall not be liable for any consequential, incidental, special, or punitive damages, including lost profits, for any claims by an Associate. No legal action may be brought by either party to the Contract more than one (1) year after the event giving rise to the cause of action has occurred.
Arbitration, Governing Law and Jurisdiction. This Contract shall be governed by the law of the State of Utah, as that law applies to contracts made and performed wholly within the State of Utah. TruVISION and the Associate who enter into this Contract irrevocably consent to settle any suit, action or proceeding arising out of, or relating to, the Contract by binding arbitration in the State of Utah using the rules of the American Arbitration Association under the jurisdiction of the courts of the State of Utah and of any federal courts in the State of Utah. Each party having a concern shall first give notice of the offense and allow at least thirty (30) days for the other party to cure. In the event of dispute, the prevailing party shall be reimbursed attorneys’ fees and reasonable travel and accommodation expenses by the other party.
Delays. TruVISION 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 limitations strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders.
Waiver. TruVISION 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 TruVISION to exercise any right or power under the Agreement or to insist upon strict compliance by an Associate 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 TruVISION’s right to demand exact compliance with the Agreement. Waiver by TruVISION can be effectuated only in writing by an authorized owner of the TruVISION. TruVISION’s waiver of any particular breach by an Associate shall not affect or impair TruVISION’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Associate. Nor shall any delay or omission by TruVISION to exercise any right arising from a breach affect or impair TruVISION’s rights as to that or any subsequent breach.
Severability. In the event that any section or subsection of the Contract shall be found invalid or unenforceable, it shall be deemed to be removed from this Contract, and shall have no impact upon the validity or enforceability of any other section.
Policies and Procedures