PRE-REGISTRATION INSTRUCTIONS: |
|||
Note: Your Reference Number is NOT your distributor ID Number. Until such time as you submit payment and receive a distributor ID number, you are not authorized to represent Lifestyles as a independent distributor, sponsor anyone into the Lifestyles business or be entitled to bonus or royalty payments. Your reference number will facilitate your application and payment process at the Makati office. If you are unable to make payment within seven (7) days, you must fill up another online application and generate a new Reference Number.
INDEPENDENT DISTRIBUTOR AGREEMENT - TERMS AND CONDITIONS As a new Independent Distributor of Lifestyles Asia Pacific Philippines Inc. - (“the Company”), I/We understand and agree that: 1. Only authorized Lifestyles Asia Pacific Philippines Inc. (hereafter referred to as Lifestyles) distributors may sell Lifestyles products or participate in the Lifestyles International Career and Compensation Plan. The only requirement to become a Lifestyles Distributor is the filing of an application together with payment of two thousand pesos (P2,000.00) which includes Distributor Application Fee and entitles each Distributor to receive Lifestyles’ magazine and other corporate communications. 2. This Independent Distributors Agreement shall expire 12 months and 1 day from the date of acceptance by Lifestyles. The agreement may be renewed on each anniversary date upon payment of renewal fee. Renewals must be received within 30 days of the expiration of the agreement. 3. I/we am/are acting on my/our own behalf as an individual and that I/we am/are 18 years of age or older. 4.
This application shall constitute a binding agreement between myself/ourselves
and Lifestyles Asia Pacific Philippines Inc. at such time as this application
is received and approved by Lifestyles Asia 5.
I/We am/are an independent contractor in the business of selling consumer
products. I/We am/are not an employee or legal representative of Lifestyles
Asia Pacific Philippines Inc. for any purpose. I/we 6. There is no required minimum investment or minimum inventory requirement. Any purchases are voluntary and are intended for personal consumption or resale. 7.
I/We hereby acknowledge that I/we have read this agreement and Lifestyles
Policies and Procedures and agree to operate my/our business in accordance with
those policies and procedures and 8. I/We acknowledge that Lifestyles Asia Pacific Philippines Inc. may, after reasonable notice, change, amend or modify this Agreement and its policies and procedures and International Career and Compensation Plan to maintain a viable marketing system, comply with legal requirement and changes in economic condition, and I/we shall operate my/our business in accordance with any such change , amendment or modification. 9. I/We agree to properly represent the Company products and its International Career and Compensation Plan. All forms of advertising, including, but not limited to, audio and visual tapes, printed material and the Internet, must be submitted and approved in writing by an authorized company representative prior to use. 10. I/We understand that all purchase orders must be accompanied by cash, a cashier’s check, money order or credit card account information payable to Lifestyles Asia Pacific Philippines Inc. for the proper amount, including applicable taxes. 11.
I/We may cancel this Agreement at anytime effective upon mailing written notice
to Lifestyles Asia Pacific Philippines Inc.. If I/we should elect to cancel,
all products which I/we purchased from 12. I/We understand that Lifestyles Asia Pacific Philippines Inc. will make its products available to me/us as a Distributor and credit my/our sales efforts as set forth in Lifestyles International Career and Compensation Plan. 13.
As long as I/we am/are a Distributor and not in violation of this Agreement,
Lifestyles Asia Pacific Philippines Inc. shall pay me/us for my/our successful
sales efforts in accordance with the various 14. I/We agree that a Distributor may not sell, assign or transfer his or her distributorship without written application and subsequent approval by the Company and that the potential buyer must not be a currently active Distributor. In the event of the death or incapacitation of the Distributor, the Distributor’s rights, compensation and responsibilities shall pass to the Distributor’s heirs, upon written application and approval by the Company. The successor(s) must fulfill the responsibilities of the Distributor. 15. Unless otherwise specifically required, this Agreement shall be governed by the laws of the Republic of the Philippines. APPLICANT ACKNOWLEDGEMENT I
hereby acknowledge that I have read, understand and agree to abide by this
Independent Distributor Agreement (front and back). I further agree that I will
abide by the Policies and Procedures as stated in this Agreement and in the Lifestyles
Distributor Manual (as currently published and as same may be amended and/or
updated from time to time in official Lifestyles publications). Further, I
expressly agree
Lifestyles Privacy Agreement "I hereby consent to Lifestyles Asia Pacific Philippines Inc./Lifestyles International Holdings Corporation, its affiliates and any company owned in whole/part or any of their affiliates (“Lifestyles"), processing and utilizing my Applicant Information (or as same may be amended from time to time) for business purposes. I hereby acknowledge that I have the right of access to my Applicant Information to request updates and amendments. I consent to Lifestyles disclosing, now or in the future, my Applicant Information to companies who Lifestyles may, from time to time, deal with to deliver information to its Independent Distributors or to improve its marketing and promotional efforts. I hereby consent and agree that I will abide by all local laws and regulations governing the privacy and confidentiality of personal information. I further covenant that I will treat all Lifestyles' Distributor Data Confidentially and will not discuss nor disclose such confidential information with a third party. I hereby give my express consent to being contacted by Lifestyles, its employees and other Independent Lifestyles Distributors, as I am interested in the products, services, business opportunities, and events that may be offered by Lifestyles. Policies & Procedures WELCOME TO LIFESTYLES Thank you for taking the time to read and understand Lifestyles’ Policies and Procedures manual. This is an important document, as it describes legally binding standards that all Lifestyles’ Distributors must adhere to in order to build and maintain a successful and ethical business. If you have any questions about the contents of this manual or are unsure if you have the most recent version, please write to Lifestyles at: Lifestyles
Philippines or www.lifestyles.net CODE OF ETHICS As a
Lifestyles Independent Distributor, I understand and agree to adhere strictly
to the Company’s Policies & Procedures and Code of Ethics during the
operation of my Lifestyles distributorship. Any violation of the Code of Ethics
and/or Policies and Procedures may lead to the immediate termination of your
independent distributorship. SECTION ONE – LEGAL DISCLAIMERS INTRODUCTION Lifestyles
International Holdings Corporation and its Affiliates, subsidiaries and related
companies (hereinafter called "Lifestyles") is a group of companies
marketing health, nutritional, personal care and other products exclusively
through a Multi-Level Marketing Business model using a network of Independent
Distributors (here in after called "Distributor(s)". The Policies and
Procedures in this manual apply to all Distributors of Lifestyles. PURPOSE The
purpose of the Distributor Agreement and Policies GOVERNING LAW* 1. These
rules are reasonably related to the laws of your local Lifestyles office and
shall be governed in all respects thereby. (The parties agree that jurisdiction
and venue shall lie with the place of acceptance of the Independent Distributor
Agreement, deemed to be your local Lifestyles office. Distributors moving into
a jurisdiction different from the one in which they originally signed their
application are required to sign an Independent Distributor Agreement for that
jurisdiction and agree to follow the laws applicable there. CHANGES 2.
Lifestyles expressly reserves the right to alter or amend Prices, Ethics, Rules
and Regulations, Policies and Procedures, product availability and the
Lifestyles Career and Compensation Plan. Amendments shall be effective upon
notification of the changes in official Lifestyles publications
distributed to all active Distributors, by mailing to the most recent
Distributor address in the records of Lifestyles. Such amendments are
automatically DELAYS 3. Lifestyles shall not be responsible for delays and/or failures in performing its obligations due to circumstances beyond its reasonable control, such as strikes, labor difficulties, riots, war, fire, death, curtailment or interruption of a source of supply, government decrees or orders, “Acts of God”, etc. ENTIRE AGREEMENT 4. This statement of Policies and Procedures is incorporated into the Independent Distributor Agreement and constitutes the entire agreement of the parties regarding their business relationship. POLICES AND PROVISIONS SEVERABLE 5. If
any provision of the Distributor Agreement and Policy and Procedure as it
currently exists or as may be amended is found to be invalid, illegal, or
unenforceable for any reason, only the invalid provision will be severed from
the Distributor Agreement and Policy and Procedure; the remaining terms and
provisions shall remain in full force and effect and shall be construed as if
such invalid, illegal, or unenforceable provision never comprised TITLES NOT SUBSTANTIVE 6. The titles and headings to these Policies are for reference purposes only and do not constitute, and shall not be construed as, substantive terms of the Distributor Agreement and Policy and Procedure. WAIVER 7. Lifestyles never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of Lifestyles who is authorized to bind Lifestyles in contracts or agreements specifies that Lifestyles waives any of these provisions. In addition, any time Lifestyles gives permission for a breach of the rules, that permission is specific to the single occurrence, unless otherwise stated, and does not extend to future breaches. This provision deals with the concept of "waiver", and the parties agree that Lifestyles does not waive any of its rights under any circumstances short of the written confirmation alluded to above. CONFIDENTIALITY AND PRIVACY OF INFORMATION 8. The Distributor hereby consents to allow Lifestyles International Holdings Corporation, its Affiliates and any company owned in whole/part or any of their Affiliates ("Lifestyles"), to process and utilize the Distributor Information as submitted in the signed Independent Distributor Application and agreement (or as same may be amended from time to time) for business purposes related to the Lifestyles business. The Distributor has the right of access to their Distributor Information and to request updates and amendments. The Distributor hereby consents to Lifestyles disclosing, now or in the future, their Distributor Information to Companies who Lifestyles may, from time to time, deal with to deliver information to its Independent Distributors or to improve its marketing and promotional efforts. The Distributor hereby provides their express consent to being contacted by Lifestyles, its employees and other Independent Lifestyles Distributors, relating to justify the products, services, business opportunities, and events that may be offered by Lifestyles from time to time. LANGUAGE 9. In the case of a dispute, Policies and Procedures, as published and modified from time to time in English, shall be considered the standard for determining and resolving disputes and issues. SECTION TWO - OPERATING AS AN INDEPENDENT LIFESTYLES DISTRIBUTOR A
Distributor is one who has completed a Lifestyles application and agreement, who
has been accepted by Lifestyles as an Independent Distributor, and who meets
the following criteria: ACTIONS OF HOUSEHOLD MEMBERS OR AFFILIATED INDIVIDUALS 10. If any member of a Distributor’s immediate household engages in any activity, which if performed by the Distributor would violate any provision of the Distributor Agreement, such activity will be deemed a violation by the Distributor. ADHERENCE TO LAWS AND ORDINANCES 11. Distributors should conduct themselves and must operate their business and distributorship in accordance with all laws and regulations in each of the foreign and local jurisdictions in which they operate their business. ADHERENCE TO THE LIFESTYLES CAREER AND COMPENSATION PLAN 12.
Distributors must adhere to the terms of the Lifestyles Career and Compensation
Plan as set forth in official Lifestyles literature. Distributors shall not
offer the Lifestyles Opportunity through, or in combination with, any other
opportunity or unapproved method of marketing. Distributors shall not require
or encourage other current or prospective Customers or Distributors to
participate in Lifestyles in any manner that varies from the TERM 13. The term of the Distributor agreement is one year, with an anniversary date of the date the Independent Distributor Application and Agreement was processed in the Lifestyles “Lifelink” System. Renewal is not automatic. Both the Distributor and Lifestyles reserve the right to renew or not renew the contract. The Distributor shall apply to renew the contract annually and renewal will be subject to acceptance by Lifestyles. See Item 29 below for further details on annual renewal of the Independent Distributor Agreement CHANGES TO DISTRIBUTOR CONTACT INFORMATION 14. It is the responsibility of the Distributor to provide and update Lifestyles with current and accurate information about their distributorship, including but not limited to, name(s), addresses, email addresses, and telephone/fax number(s). All information changes must be submitted to the local Lifestyles office in writing. Changes that will, impact mailings, royalties, or bonuses should be received at least thirty (30) days in advance to allow sufficient time for processing. Please inform your Lifestyles office if there is any change in your contact information. We want to play an active role in your success. That’s why it’s vital that we are always up-to-date about you and your business. VALID IDENTIFICATION 15.
Where required, Lifestyles Distributors are to provide their valid Social Security
or Federal Tax ID number, or Business Number or the Tax ID Number applicable to
their jurisdiction of residence on the DISTRIBUTOR NUMBER 16. When
Lifestyles receives and accepts a Distributor’s original Application and
Agreement, Lifestyles will assign a unique Distributor Number to that
Distributor. Distributors must use their Distributor DISTRIBUTOR NUMBER CHANGES – CHANGE OF COUNTRY OF PERMANENT RESIDENCE 17. When
a Lifestyles distributorship permanently changes their residency from one
Lifestyles authorized market to another authorized market, the Distributor must
advise their original local office of their intent to move to another market
and their change in residence information including the effective date of the
change. The Distributor must notify their new local office within ten(10) days
of their arrival in the new market and execute a new INDEPENDENT DISTRIBUTOR BENEFITS 18. Once
Lifestyles accepts a Distributor’s Application and Agreement, the
benefits of the Lifestyles Career and Compensation Plan and the
Independent Distributor Agreement are available to the new Distributor. These
benefits include the right to: INDEPENDENT DISTRIBUTOR STATUS 19. Distributors are independent representatives of Lifestyles and are not to be considered purchasers of a franchise or a distributorship. The agreement between Lifestyles and its Distributors does not create an employer /employee relationship, agency, partnership, or joint venture between Lifestyles and the Distributors. Each Distributor shall hold harmless Lifestyles from any claims, damages or liabilities arising out of the Distributor’s business practices. Lifestyles Distributors have no authority to bind Lifestyles to any obligation. Each Distributor is encouraged to set up his/her own hours and to determine his/her own methods of sale, so long as he/she complies with the Policies and Procedures of Lifestyles. SPOUSAL STATUS – ONE INDEPENDENT DISTRIBUTOR 20.
Lifestyles distributorship consists of the Distributor and spouse. CHANGE OF NAME 23.
Lifestyles reserves the right to approve or disapprove Distributor’s change of
business names, formation of partnerships, corporations, and trusts for tax,
estate planning, and limited liability purposes. If Lifestyles CONFIDENTIAL INFORMATION 24. Information concerning a Distributor’s own or another’s down-line organization is proprietary. It shall not be used for anything other than Lifestyles authorized purposes and shall never be disclosed to a third party. PRIVACY 25. Distributors are responsible for actively protecting the privacy of other individuals and to retain confidentiality of any personal information and any organizational or sales information they encounter. Furthermore, Distributors shall ensure their contact with prospective Customers and Distributors is conducted during reasonable hours, and is made with careful consideration of the contact’s privacy. All requests to cease contact with a prospect must be honoured. Distributors must comply with privacy regulations within their local market and other markets they do business in. It is the responsibility of the Distributor to advise their local home office in writing of any Distributor or Customers in the organization who have requested not to be contacted so we can update our records accordingly Lifestyles is committed to respecting the privacy of our Distributors and Customers. As a Distributor, you must a lso be careful to protect the privacy of those you deal with. TELEPHONE REGISTRATION 26. A
Distributor applicant may call Lifestyles to receive a temporary Distributor
Number and temporary authorization as a new Independent Distributor. The
applicant must provide Lifestyles with all the necessary information to
complete the Independent Distributor Application and Agreement. The applicant
may order a Distributor’s Kit at that time using a valid credit card. DISTRIBUTOR’S KIT 28. No person is required to purchase Lifestyles’ products to become a Distributor. However, to familiarize new Distributors with Lifestyles’ products, services, sales techniques, sales aids, and other matters, Lifestyles provides new Distributors with a Distributor’s Kit as a part of their Application Fee, except where prohibited by law. The Distributor’s Kit is unprofitable. This sum is not a service or franchise fee, but rather is strictly to offset costs incurred by Lifestyles for educational and business materials required for a Distributor of Lifestyles. Lifestyles will repurchase any resalable kits from Distributors who terminate their Independent Distributor Agreement. Data processing fees, if any, will be deducted from commissions and bonuses. See items 45 and 48 below for further details. RENEWAL OF INDEPENDENT DISTRIBUTOR AGREEMENT 29.
Lifestyles charges Distributors an annual Independent Distributor renewal fee
(may be referred to as a subscription fee in certain markets) that varies by
market. A Distributor can agree to allow Lifestyles to automatically deduct the
fee from their Commission Check or to charge the fee to the Distributor’s
credit card or checking account on file with Lifestyles on the
anniversary date of the Distributor’s application. Distributors without a 30. If a Distributor elects not to renew his/her Distributor agreement, all rights to bonuses, marketing position, and wholesale purchases cease. The non-renewed Distributor’s volumes flow up- line to the next active distributorship. SECTION THREE - ORGANIZATIONAL INFORMATION All Lifestyles corporate information (i.e. commission reports, down-line reports, etc.) is the property of Lifestyles and cannot be used, distributed or sold without prior written permission from Lifestyles. BUSINESS REPORTS AND TOOLS 31. Business Reports, updated on a regular basis, are available to all Distributors on the Essentials and Executive Packages on their Personal Business Center. Any Distributor may sign up for access to a Personal Business Center. Business Reports contain trade secret information which is proprietary to Lifestyles Global Networks. Please refer to section 78 for restrictions on using these reports. COMMISSION STATEMENTS 32. Commission Statements are printed for all active Distributors receiving a commission payment. They are mailed along with the commission payment or confirmation, and addressed to the name of the registered Distributor based on their unique ID number. Commission Statements are not optional. Lifestyles may deduct an accounting service fee from the commission of who wish to receive their statement by mail rather than through their online Personal Business Center (“PBC”). As a Lifestyles Distributor, take full advantage of all of the benefits of your Personal Business Center. It is an easy and convenient way to keep track of your commissions and the growth of your organization. To register, go to www.lifestyles.net. COMMISSION CHECK RULES AND PAYMENT CURRENCY 33. The
rules and payment currency for commission SECTION FOUR – PARTNERSHIP & CANCELLATION PARTNERSHIPS OR CORPORATIONS 34. A
partnership or corporation may be a Distributor. However, no individual may
participate in more than one (1) distributorship in any form. PARTNERSHIP AND CORPORATE GUARANTEE FOR OWNERS 35.
Although Lifestyles has offered Distributors the opportunity to conduct their
distributorship as corporate or partnership entities, it is agreed that since
the distributorship entity is under the control of its owners and principals,
the actions of individual owners as they may affect Lifestyles and the
distributorship are also critical to Lifestyles business. Therefore, any
actions by corporate shareholders, officers, directors, agents or CANCELLATION OF INDEPENDENT DISTRIBUTOR AGREEMENT 36. The Independent Distributor Agreement may be cancelled at any time and for any reason by a Distributor by notifying Lifestyles in writing of the election to cancel. We want every Lifestyles Distributor to be happy and to enjoy building their business. But in the unlikely event that you no longer wish to continue your business, you may simply cancel your Distributor Agreement. SEPARATION OF A JOINTLY HELD DISTRIBUTORSHIP 37. If
Distributors wish to dissolve their jointly held distributorship, they must do
so in such a way as to not disturb the income or interests of their up-line and
down-line organizations. Distributors should consider the following when
deciding whether or not to dissolve a jointly held distributorship: SUCCESSION 38. If a
Distributor dies or becomes incapacitated, his/her rights to commissions,
bonuses, and down- line organization, together with all Distributor
responsibilities, will pass to his/her successor(s). SALE OR DISPOSITION OF BUSINESS 39. A
Distributor may not sell, assign or otherwise transfer his or her
distributorship, marketing position or other Distributor rights without written
application and approval by Lifestyles. A Distributor who sells his or her
distributorship shall not be eligible to re-apply as a Distributor for a period
of at least six (6) months after the sale. Lifestyles, reserves the right to
review any sale agreement. An individual may not participate in more than one
(1) distributorship, in any form. Therefore any existing Distributor who agrees
to purchase a distributorship must sell or resign from their current
distributorship at the time of purchase of the new distributorship. SECTION FIVE – ORDERS, RETURNS AND TRANSACTIONS GENERAL ORDER POLICIES I.
Distributors may place orders by telephone, fax, mail, E-mail, Internet, or
through the Autoship Program. METHODS OF PAYMENT 40. All
forms and authorizations must be accompanied PURCHASING LIFESTYLES PRODUCTS 41. Each Direct Distributor or above must purchase his/her products directly from Lifestyles in order to receive the sales volume credits associated with that purchase. All orders are applied to the calendar month in which they are received. To be included in a particular month's volume, the order must be received no later than the close of business on the last working day of that month. Non-Direct Distributors must purchase their product from their up-line Direct or above or through appropriate Lifestyles office. All non-Direct orders are considered the volume of their up-line Direct or above. BACK ORDER POLICY 42. As a general rule, Lifestyles will back-order out-of- stock items that are associated with volume accumulation and ship these items as soon as they are available. SHIPPING DISCREPANCIES 43. Failure to notify Lifestyles of any shipping discrepancy or damage within seven (7) days of shipment will cancel a Distributor’s right to request a correction. To correct a shipping discrepancy, please use the Distributor Product Exchange or Return Form available at your local Lifestyles office. PRODUCT GUARANTEES, EXCHANGES RETURNS AND INVENTORY REPURCHASE PRODUCT EXCHANGE GUARANTEE 44. Lifestyles warrants the quality of its products and shall exchange any defective product. A Distributor returning a damaged or defective product must contact Lifestyles Distributor Relations in their local region within thirty (30) days of receipt of the original product to receive an authorization prior to returning the product(s). The product must then be returned within five (5) business days of receipt of authorization. RESALABLE CONDITION 45. Resalable Condition means unopened and in a condition that the product can be re-sold without requiring any re-packaging, with the original packaging intact in complete case lots based on the unit of measure in which the product was sold. THIRTY (30) DAY RETURN POLICY – RETAIL CUSTOMERS 46.
Lifestyles obligates its Distributors to honour the Company’s 100%,
unconditional, thirty day (30), money-back guarantee to all Retail and
Wholesale Customers. Distributors shall promptly and courteously investigate
any and all Customer complaints, and shall take appropriate action to remedy
all such complaints. If for any reason a Retail or Wholesale Customer is
dissatisfied with any Lifestyles product, he/she may return the product
to the Distributor from whom the product was purchased within thirty (30) days
from the date of purchase for a replacement, exchange, or full refund of the
purchase price. If the Retail Customer requests a refund, the Distributor who
sold the product to the Retail Customer must immediately refund the Retail
Customer’s purchase price. (Retail and Wholesale Customers must return
merchandise to the Distributor who sold it to them; Lifestyles will not accept
returned merchandise directly from Retail and Wholesale Customers.) The
Distributors, in turn, must contact Lifestyles Distributor Relations in their
region to receive an authorization prior to returning the product(s) and return
it along with the original sales receipt and returned merchandise to
Lifestyles. Lifestyles will then replace the returned merchandise with like
product and ship it to the Distributor. All Retail and Wholesale Customers must
be provided with a copy of an official Lifestyles sales receipt at the time of
the sale. RETURN POLICY - DISTRIBUTORS 48. If a Distributor elects to cancel his/her distributorship during the thirty day (30) period immediately following his/her enrollment, Lifestyles will refund 100% of the price of the Distributor’s Kit and all products purchased as part of the Distributor’s initial order (excluding shipping). The cancelling Distributor must return the products in a resalable condition, as described in item 45 and the entire Distributor’s Kit to Lifestyles, shipping prepaid, along with a letter explaining that he/she wishes to terminate his/her distributorship and receive a refund. Please note that this 100% refund (less shipping) does not apply once a Distributor places his/her second product order. If a Distributor returns product after the second order then the terms of item 98 will apply. If a Distributor returns his/her Distributor’s Kit and/or merchandise equal to, or exceeding US$100, for a refund, the return constitutes a Voluntary Cancellation of his/her Distributor Agreement. Moreover, the Company will adjust the appropriate Distributors’ Sales Volume in accordance with the Lifestyles Career and Compensation Plan. ALL OTHER RETURNS 49. After the initial order, a Distributor may return Lifestyles products, including promotional materials and sales aids, purchased within the past thirty (30) days for a refund of eighty-five percent (85%) of the purchase price (less handling and delivery charges) if the merchandise is in resalable condition, unless otherwise required by law. However, returns that result in refunds in excess of US$100 may result in the termination of the Independent Distributor Agreement. Moreover, Lifestyles may deduct from the amount of the refund any commissions or bonuses the Distributor may have received as a result of the products that he/she is returning. RETURNS AND REPURCHASES - PROCEDURE 50. To
receive a refund, exchange, or replacement on product purchased a Distributor
must: RECORD KEEPING 51. Lifestyles encourages each Distributor to keep accurate sales records. The Lifestyles Career and Compensation Plan is based upon retail sales to the ultimate consumers and personal use product; therefore, all forms of stockpiling or pyramiding are prohibited. Products are offered to Distributors only for personal consumption and for resale to consumers. REPORTING POLICY VIOLATIONS 52. Distributors should report any observed violations of a policy to Lifestyles to ensure that the integrity and ongoing business operations of Lifestyles are protected. REPORTING AND RESOLVING PROBLEMS AND ERRORS 53. In
the event a Distributor has questions about or believes that any errors have
been made regarding commissions, bonuses, down-line Genealogy Reports, orders,
or charges, the Distributor must notify Lifestyles within thirty (30) days of
the date of the purported error or incident in question. Lifestyles will not be
responsible for any error, omission, or problem not reported within thirty (30)
days. AUTOSHIP PROGRAM 55.
Distributors and Preferred Customers in good standing may participate in the
Lifestyles Autoship Program. To enroll in this program, complete the Autoship
Agreement (Form #4177), identifying the eligible products you wish Lifestyles
to automatically send to you on the same date each month. The credit card or
bank account from which you authorize payment will be automatically charged the
amount of the order plus applicable shipping and sales tax. Distributors must
ensure that they have adequate funds in their account the week prior to placing
their Autoship order. Only eligible products may be purchased under the Autoship
Program. Lifestyles maintains a minimum order requirement in each market. In
order to participate in the Autoship Program, please contact your local
Lifestyles office for specific minimum order requirement. 56. Once
initiated, the program will remain in effect until a written cancellation is
received at your local Lifestyles Head Office. SECTION SIX – ADVERTISING AND MARKETING ACTIVITIES To promote your Lifestyles business, you will often want to use our name and logo. This helps increase people’s awareness of the exceptional products and business opportunity that you have to offer. PLEASE REMEMBER THAT YOU MUST OBTAIN OUR CONSENT TO DO SO. GENERAL 57. The
Distributor, as an independent contractor, is fully responsible for all of
his/her verbal and written statements made regarding the marketing of the
products and the Lifestyles Business Opportunity which are not expressly
contained in writing in the current Distributor agreement, and advertising or
promotional materials supplied directly by Lifestyles. The Distributor agrees
to indemnify Lifestyles and hold it harmless from any and all
DECEPTIVE PRACTICES 61.
Distributors must fairly and truthfully explain the Lifestyles’ Products,
Opportunity, Lifestyles Career and Compensation Plan, and Policies and
Procedures to prospective Distributors. This includes: MEDIA AND PRESS INQUIRIES 62. Distributors must refer all media inquiries regarding Lifestyles to their local Lifestyles office. This will ensure that accurate and consistent information reaches the general public. TELEVISION AND RADIO 63. National Marketing Directors and above may advertise on television and radio subject to Lifestyles prior express written approval. ELECTRONIC MEDIA AND INTERNET 64.
Distributors are strictly prohibited from using any form of electronic
advertising (i.e. Internet) to promote or sell Lifestyles’ products except as
set forth in the following. TRADEMARKS AND COPYRIGHTS 66. The
name of Lifestyles and other names as may be adopted by Lifestyles are
proprietary trade names and trademarks of Lifestyles. A Distributor may not use
the Lifestyles trademark or trade names or corporate logo to promote their
independent business. Rather, they must use the Lifestyles "Independent
Distributor" logo to promote their business. A reproducible copy of the
logo can be obtained from Lifestyles through your online Personal Business
Center, or by contacting your local office. REPRESENTATIONS AND CLAIMS BY DISTRIBUTORS PRODUCT CLAIMS 67. Lifestyles’ Distributors may not make claims that Lifestyles’ products have therapeutic or curative properties except those contained in official Lifestyles literature. In particular, no Distributor may make any claim that Lifestyles products are useful in the cure, treatment, diagnosis, mitigation, or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only are such claims in violation of the Distributor Agreement and Policy’s and Procedures, but they also violate the laws and regulations of local and international jurisdictions. INCOME CLAIMS 68. Distributors may not make income projections or claims or disclose their Lifestyles income (including the showing of checks, copies of checks, or bank statements) when presenting or discussing the Lifestyles Opportunity or The Lifestyles Career and Compensation Plan, except as set forth in official Lifestyles literature. Lifestyles believes firmly that the income potential is great enough to be highly attractive, without resorting to artificial and unrealistic projections. Distributors must ensure that they use the Lifestyles official Income Disclaimer which is available from your local office or through your Personal Business Center. REGULATORY BODIES AND AGENCIES 69. Local, State/Provincial or Federal regulatory agencies rarely approve or endorse direct selling programs. Therefore, Distributors may not represent that any Lifestyles program has been approved or endorsed by any governmental agency. In the event that the country in which you operate your distributorship requires Lifestyles to have an MLM License, you may promote the fact that we have an MLM license and that we are in good standing, as this lends additional credibility to your business. REPACKAGING AND RE-LABELING PROHIBITED 70. Distributors may not re-label or alter the labels on any Lifestyles’ products, information, materials, or programs in any way. Distributors may not repackage or refill any Lifestyles’ products. Lifestyles’ products must be sold in their original containers only. Such re- labeling or repackaging would violate governing laws, which could result in severe criminal penalties. Civil liability to the Distributor may also result when the persons using the products suffer any type of injury or their property is damaged as a consequence of the repackaging or re-labeling of products. REPRESENTATION OF STATUS 71. In all cases, any reference the Distributor makes to him/herself must clearly set forth the Distributor’s independent status. For example, if the Distributor has a business telephone, the telephone may not be listed under Lifestyles name or in any other manner which does not disclose the independent contractor status of the Distributor. RETAIL AND COMMERCIAL OUTLETS Your
success as a Distributor is of paramount importance to Lifestyles. That’s why
our products are sold through a personalized MLM model that focuses on helping
each person we encounter. To give your business even more exclusivity and
value, our products are never sold at retail stores. STATIONERY AND BUSINESS CARDS 73. Any printed materials, including business cards and stationery, must be approved by Lifestyles in advance of producing these materials. Criteria for approving these materials will include a judgment regarding the quality of the materials as well as properly setting forth the independent status of the Distributor. Information relating to the guidelines and samples for creating business cards and stationery can be found in the Personal Business Center and your Distributor Kit. TELEPHONE & E-MAIL SOLICITATION 74. The use of Lifestyles name or copyrighted materials with automatic calling devices or "boiler room" operations to market the Lifestyles Opportunity, solicit Distributors or Retail Customers is strictly prohibited. Distributors are also forbidden from sending unsolicited E-mail messages or "spamming" to sell products, market the Lifestyles Opportunity or recruit Distributors or Retail Customers. However, the use of these methods in ways that are legal and are the equivalent of the "blind ads" alluded to in item 80 below cannot be regulated by Lifestyles. TERRITORIES 75.
There are no exclusive territories for marketing Lifestyles’ products or
services, nor shall any Distributor imply or state that he/she has an exclusive
territory to market Lifestyles’ products or services. TRADE SHOWS 76. Prior express written approval must be obtained from Lifestyles for a Distributor to register for or participate in a Trade Show, including the purpose of attending, layout and all literature pertaining to the activities that will take place at or during the event. Lifestyles produced marketing materials and products may be displayed in a separate sectioned area in the trade show booth. All literature displayed at the event must be official Lifestyles literature and must clearly identify the individual(s) as Independent Distributors. An income disclaimer must also be used on any materials that contain information relating to the earnings potential of existing, potential or new Distributors. Distributors may not sell or promote Lifestyles’ products or business opportunity at farmers’ markets, flea markets, swap meets or garage sales. UNAUTHORIZED RECRUITING & DISSEMINATION OF INFORMATION 77. A
Distributor or Preferred Customer shall not sell or in any way promote
non-Lifestyles products to other Lifestyles’ Distributors, or in any way
promote the opportunities or marketing programs of other companies to
Lifestyles’ Distributors. VENDOR CONFIDENTIALITY 79. Lifestyles business relationship with its vendors, manufacturers and suppliers is confidential. A Distributor shall not contact, directly or indirectly, or speak to or communicate with any representative of any supplier or manufacturer of Lifestyles except at a Lifestyles sponsored event at which the representative is present at the request of Lifestyles. Violation of this regulation may result in termination and possible claims for damages if the vendor/manufacturer’s association is compromised by the Distributor contact. WEBSITE AND INTERNET POLICY 80. A
Distributor may not independently design a BUSINESS RULES AND PRACTICES All of
us share the Lifestyles name when operating our businesses. Lifestyles has
earned a reputation for excellent products that help people achieve personal
wellness, along with an exceptional business model that helps motivated
individuals reach their personal financial goals and dreams. SECTION SEVEN – MISCONDUCT AND TERMINATION CONDUCT CONDUCT 82. In the conduct of his/her business, the Distributor shall safeguard and promote the reputation of the products of Lifestyles and the Lifestyles Corporation and shall refrain from all conduct which might be harmful to such reputation of Lifestyles or to the marketing of such products inconsistent with the public interest, and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. The Distributor agrees to comply with the Lifestyles Distributor Code of Ethics in conducting their business as outlined in the beginning of this document. CUMULATIVE PURCHASES IN CERTAIN JURISDICTIONS 83. Certain jurisdictions may restrict cumulative purchases during the first six (6) months of being a Distributor. See specific addenda to Independent Distributor Agreement for your local market as to statutory purchasing limitations, buyback rules and other restrictions, disclosures and additional Distributor rights and responsibilities. DISCIPLINARY ACTIONS AND TERMINATION The fairest way to operate a company is to have reasonable rules that everybody adheres to. At Lifestyles, we promise to maintain a scrupulous regard for our Policies and Procedures, and we do our utmost to ensure that every Distributor operates according to the same set of rules. DISCIPLINARY ACTIONS 84. A
Distributor who is in breach of any item under the Distributor Agreement and
Policy and Procedures and is under Compliance review will have their cheques
and reports suspended immediately until the investigation under the Distributor
Agreement and Policy and Procedures is complete. A Distributor’s violation of
any Policies and Procedures, the agreement, terms and conditions or any
illegal, fraudulent, deceptive, or unethical business conduct may result, at
Lifestyles discretion, in one or more of the following disciplinary actions: INVOLUNTARY TERMINATION 85. Lifestyles reserves the right to terminate, at its sole discretion, any distributorship at any time for cause when it is determined that the Distributor has violated the provisions of these Policies and Procedures and Distributor Agreement as they may be amended or the provisions of applicable laws and standards of fair dealing. Such involuntary termination shall be made by Lifestyles at its sole discretion. Upon an involuntary termination, Lifestyles shall notify the Distributor by mail at the latest address listed with Lifestyles for the Distributor. In the event of a termination, the terminated Distributor agrees to immediately cease representing him/herself as a Lifestyles Distributor. TERMINATION PROCESS AND RESPONSE* 86. DECISION
TO TERMINATE: DISPUTES BETWEEN DISTRIBUTORS GRIEVANCES AND COMPLAINTS 87. When a Distributor has a grievance or complaint with another Distributor regarding any practice or conduct related to their respective Lifestyles businesses, the complaining Distributor should first discuss the problem with the other Distributor. If this does not resolve the problem, the complaining Distributor should report the problem to his/her up- line to resolve the issue at a local level. If the matter still cannot be resolved, it must be reported in writing to the local Lifestyles office. For matters that involve a National Marketing Director or above, the local office will contact the Compliance Committee at Lifestyles Global Office. The local management will review the complaint and make a final decision where the matter does not involve a National Marketing Director or above. The complaint should identify specific instances of alleged improper conduct and, to the extent possible, identify the relevant dates and location(s) the event(s) took place, and all persons who have first-hand knowledge of the improper conduct. All grievances and complaints must be submitted in writing. All information submitted is handled on a confidential basis. COMPLIANCE COMMITTEE REVIEW 88. Upon receipt of a written complaint relating to a National Marketing Director or above, the Lifestyles Compliance Committee will review all the documentation provided by local Lifestyles office. The Compliance Committee may also issue disciplinary sanctions consistent with the provisions of Section 84. DISPUTES BETWEEN LIFESTYLES AND DISTRIBUTORS ARBITRATION 89. All disputes and claims relating to Lifestyles, the Lifestyles Career and Compensation Plan, its products, the rights and obligations of its Distributors and Lifestyles, or any other claim or cause of action relating to product purchase(s) or performance, either of a Distributor or of Lifestyles under the Distributor Agreement, shall be settled totally and finally by arbitration in the jurisdiction of Lifestyles International Holdings Corporation unless the laws of the region, state or province in which the Distributor resides expressly require otherwise. There shall be one arbitrator, an attorney at law, with expertise in transactional law (there being a strong preference for an attorney knowledgeable in the direct selling industry), selected from the panel provided by the Arbitration Panel in the jurisdiction of Lifestyles International Holdings Corporation. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. If a Distributor files a claim or counterclaim against Lifestyles, the Distributor may only do so on an individual basis and not with any other Distributor or as part of a class action. The decision of the arbitrator shall be final and binding upon the parties and may, if need be, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any cancellation or expiration of the Independent Distributor Agreement.
JURISDICTION, VENUE, AND CHOICE OF LAW 92. Jurisdiction and venue of any matter not subject to arbitration shall reside in the jurisdiction of Lifestyles International Holdings Corporation unless the laws of the region, province or state in which the Distributor resides expressly require otherwise. By signing the Independent Distributor Application Agreement, all Distributors consent to jurisdiction within these two forums. The law of the jurisdiction of Lifestyles International Holdings Corporation shall govern disputes involving the Distributor Agreement. SECTION EIGHT – RESPONSIBILITIES AND OBLIGATIONS DOWN-LINE ONGOING SUPPORT, TRAINING 93. Any
Distributor who sponsors other Distributors must fulfill the obligation
of performing a bona fide supervisory, distributing and selling function
in the sale or delivery of product to the ultimate consumer and in the training
of those sponsored. Consumers must have ongoing contact, communication and
management supervision with his or her sales organization. Examples of such
supervision may include, but are not limited to: newsletters, written
correspondence, personal meetings, telephone contact, coaching, voice mail,
electronic mail, training sessions, accompanying individuals to Lifestyles
meetings, training, sharing genealogy information with those sponsored.
Distributors should be able to provide evidence to Lifestyles semi-annually of
ongoing fulfillment of Sponsor responsibilities. INSURANCE - BUSINESS PURSUITS COVERAGE 94. Distributors may obtain private insurance coverage for their business activities. INTERNATIONAL 95. Distributors may sell and promote Lifestyles’ products, opportunity, and services as well as recruit and enroll any potential Distributor or Customer only in countries in which Lifestyles is approved for business. The markets are as announced in official Lifestyles communications or as approved by Lifestyles in writing. If a Distributor desires to conduct business in an authorized country other than the one in which they are registered, he/she must comply with all applicable laws and regulations for that country.
HOLDING APPLICATIONS OR ORDERS 97. All Distributors must forward to Lifestyles any forms and applications they receive from other Distributors or applicant Distributors, or Customers, on the next business day after which the forms or applications are signed. See item 110 for further information relating to sponsorship. INVENTORY 98. If a Distributor voluntarily surrenders or terminates his/her Independent Distributor Agreement and has purchased products for inventory purposes or sales aids while the Distributor Agreement was in effect, all unencumbered products in a usable condition when in possession of the Independent Distributor, which have been purchased within thirty (30) days, unless local laws dictate a different period, of cancellation and which are in compliance with the seventy percent (70%) rule, shall be re-purchased. The re-purchase shall be at a price of not less than eighty-five percent (85%) of the original net cost to the participant returning such goods, taking into account any sales made by or through such participant prior to notification to Lifestyles of the election to cancel. In addition, Lifestyles will honour statutory mandated buyback requirements of every jurisdiction. Lifestyles is entitled to recover all bonuses and commissions already paid on the inventory being returned as indicated in item 49. NON-DISPARAGEMENT 99. In setting the proper example for their down-line, Distributors must not disparage other Lifestyles Distributors, Lifestyles products, the Lifestyles Career and Compensation Plan, or the Company’s employees. Such disparagement constitutes a material breach of these Policies and Procedures. PERSONAL PRODUCT USE 100. The company's program is built upon both retail and wholesale sales to the ultimate consumer. The company also recognizes that Distributors may wish to purchase product in reasonable amounts for their own personal or family use. For this reason, a retail sale for bonus purposes shall include sales to non- participants as well as sales to Distributors for personal or family use, which are not made for purposes of qualification or advancement. It is company policy, however, to strictly prohibit the purchase of product or large quantities of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement in the marketing program. Distributors may not inventory load nor encourage others in the program to load up on inventory. Distributors must fulfill published personal and down-line sales requirements, including requisite retail sales to non-participants as outlined in item 101 of the Distributor Agreement and Policy and Procedures, as well as supervisory responsibilities outlined under the section ‘Down-line Ongoing Support, Training’ item 93 to qualify for bonuses, overrides or advancements. RETAIL / 70 PERCENT POLICY 101. Lifestyles sales and marketing program is based upon retail and wholesale sales to the ultimate consumer. This is reinforced through Lifestyles Preferred Customer Program. Every aspect of the Lifestyles Career and Compensation Plan is designed to assist our Distributors in the marketing of fine products and services to the general consuming public. As a dual consumer safeguard, it is an important policy of Lifestyles that Distributors purchase products in commercially reasonable quantities only, and under no circumstances may Distributors cause others to purchase products in amounts that are not reasonably expected to be sold to the consuming public or in unreasonable amounts for personal or family use. In furtherance of these Policies, Lifestyles has adopted specific rules on retail sales and retailing referenced as Lifestyles Retail/seventy percent (70%) Rule. In the interest of protecting the consumer and the opportunity of its Distributors, Lifestyles enforces this rule through a verification program. LIFESTYLES RETAIL RULE I. Sales
to non-participant Retail Customers - Although the primary function of
Lifestyles is to sell products to the general consuming public, Lifestyles
realizes that its Distributors may purchase products for personal or family use
in reasonable amounts. For this reason, Lifestyles defines a retail sale
to include sales to non-participants, as well as purchases for personal or
family use in reasonable amounts, which are not made solely for purposes of
qualification or advancement. This is a standard followed by leading
direct selling companies. Notwithstanding this policy, Lifestyles, in order to
specifically further retail selling, has adopted a policy that encourages
Distributors to make at least five (5) sales per month to non-participant
Retail Customers. TAXES – INCOME TAXES 102. Lifestyles will provide an income and earnings summary (Non-employee Compensation) to each Distributor as applicable in their local jurisdiction. Where an income and earnings summary is not required within a local jurisdiction the income and earnings summary will only be provided through the Personal Business Center.
TAXES - SALES TAX (HST, GST, PST OR VAT IN DIFFERENT JURISDICTIONS AS APPLICABLE) 104.
Lifestyles will collect and remit sales taxes on behalf of Distributors at the
invoiced price according to applicable tax rates to which the shipment is destined.
In the event a Distributor has submitted, where applicable under local law, and
Lifestyles has accepted, a Sales Tax Exemption Certificate with a
photocopy of the Sales Tax Registration License, sales taxes will not be added
to the invoice; the responsibility of collecting and remitting sales taxes to
the appropriate authorities will be upon the Distributor (not applicable in
Canada or the states of Massachusetts and Texas). Exemption from the payment of
sales tax is applicable only to orders which are shipped to a jurisdiction for
which the proper tax exemption papers have been filed and accepted. Sales
taxes will be charged on orders that are drop-shipped to another jurisdiction,
based on the sales tax laws of the destination. Any sales tax exemption
accepted by Lifestyles is not retroactive. LIFESTYLES CAREER AND COMPENSATION PLAN At Lifestyles we have detailed systems to track all of your business activities in order to provide you with the best and most up-to-date analysis of how your business is doing. This also helps us to pay you promptly and accurately.
SPONSORSHIP 109. All
Distributors have the right to sponsor others. In addition, every person has
the ultimate right to choose his/her own Sponsor. If two Distributors claim to
be the Sponsors of the same new Distributor, Lifestyles shall regard the
first application received by the Local Lifestyles home office as
controlling. TRANSFER OF SPONSORSHIP 110. Transfer is rarely permitted and is actively discouraged. Maintaining integrity is absolutely mandatory for the success of the overall organization. In the case of unethical sponsoring, the individual may be transferred with their down-line intact. In all other events, the individual alone is transferred without any down-line Distributors being removed from the original line of sponsorship. In all cases relating to the transfer of sponsorship, Lifestyles will be the final authority. TRANSFERS WILL GENERALLY BE CONSIDERED IN FIVE (5) CIRCUMSTANCES ONLY: I. In
the case of unethical sponsoring by the original Sponsor; CROSS-LINE RAIDING OR SPONSORSHIP 111.
Cross-line raiding is strictly prohibited. "Cross-line raiding" is
defined as the enrollment of an individual or entity that already has a
current Independent Distributor Agreement on file with Lifestyles, or who
has had such an agreement within the preceding six (6) calendar months within a
different line of sponsorship. The use of trade names, assumed names,
corporations, partnerships, trusts, social insurance numbers, tax ID numbers,
social security numbers, or fictitious ID numbers to circumvent this
policy is prohibited. Distributors may not demean, discredit, or invalidate
other Lifestyles Distributors in an attempt to entice another Distributor to
become part of the first Distributor’s down-line organization. DOWN-LINE RAIDING 112. Down-line raiding is strictly prohibited. “Down-line Raiding” is defined as the solicitation of an individual or entity that already has a current Independent Distributor Agreement or Preferred Customer Agreement on file with Lifestyles, or who has had such an agreement within the preceding six (6) calendar months, into another Company outside of Lifestyles. ‘PHANTOM’ OR ‘GHOST’ DISTRIBUTORS 113. The practice of signing ‘Phantom’ or ‘Ghost’ Distributors is strictly prohibited. Any instances of this practice will result in immediate termination of the distributorship(s) involved. ‘Phantom’ or ‘Ghost’ Distributors are individuals or entities that are not aware of or have not given their express agreement by knowingly signing a Lifestyles Independent Distributor Application and Agreement or Lifestyles Preferred Customer Application for their enrolment into Lifestyles as an Independent Distributor or Preferred Customer. In the case where there is no evidence or means to verify that the information on a Lifestyles Independent Distributor Application and Agreement or Lifestyles Preferred Customer Application is valid the application will be deemed to be a ‘Phantom’ or ‘Ghost’ Distributor. The information in this Polices and Procedures manual exists for one reason: to support the success, ethics, longevity, and positive image of Lifestyles and its Distributors. If any part of this manual is unclear to you, please contact your local Lifestyles office for clarification. Thank you and good luck in your business! Lifestyles
Philippines Lifestyles is a leading global network marketing company providing health and wellness solutions to help people live better every day. Lifestyles develops and manufactures premium quality, natural source nutritional supplements, healthy eating and weight loss formulations, beauty and personal care products, sold through an independent distributor network throughout North America, Asia, and Europe. |
|||