Policies & Procedures
Momentum Business Academy, LLC
Policies and Procedures
Effective April 1st, 2021
Contents
SECTION 1 - MISSION STATEMENT 1
SECTION 2 - INTRODUCTION 2
2.1 - PURPOSE OF THE BRAND AMBASSADOR AGREEMENT AND THE POLICIES AND PROCEDURES 2
2.2 - POLICIES AND PROCEDURES INCORPORATED INTO BRAND AMBASSADOR AGREEMENT 2
2.3 - CHANGES TO THE AGREEMENT 2
2.4 - POLICIES AND PROVISIONS SEVERABLE 3
2.5 - WAIVER 3
2.6 - COMPANY USE OF INFORMATION 3
SECTION 3 - BECOMING A BRAND AMBASSADOR 5
3.1 - REQUIREMENTS TO BECOME A BRAND AMBASSADOR 5
3.2 - STARTER KIT/BUSINESS KIT/ENROLLMENT FEE AND PRODUCT PURCHASES 5
3.3 - BRAND AMBASSADOR BENEFITS 5
3.4 - TERM AND RENEWAL OF YOUR Momentum Business Academy BUSINESS 6
SECTION 4 - OPERATING A Momentum Business Academy BUSINESS 8
4.1 - ADHERENCE TO THE Momentum Business Academy COMPENSATION PLAN 8
4.2 - ADVERTISING 8
4.2.1 - General 8
4.2.2 - Trademarks and Copyrights 10
4.2.3 - Media and Media Inquiries 11
4.2.4 - Unsolicited Email 12
4.2.5 - Unsolicited Faxes 13
4.2.6 - Telephone Directory Listings 13
4.2.7 - Television and Radio Advertising 13
4.2.8 - Advertised Prices 14
4.3 - ONLINE CONDUCT 14
4.3.1 - Brand Ambassador Websites 14
4.3.2 - Momentum Business Academy Replicated Websites 15
4.3.3 - Registered External Website Content 16
4.3.4 - Momentum Business Academy Independent Brand Ambassador Disclosure 16
4.3.5 - Registered External Websites Must Exclusively Promote Momentum Business Academy 17
4.3.6 - No eCommerce or Stock-and-Sell Retailing 17
4.3.7 - Registered External Website Termination 17
4.3.8 - Team Websites 17
4.3.9 - Domain Names, email Addresses and Online Aliases 18
4.3.10 - Momentum Business Academy Hotlinks 18
4.3.11 - Monetizing Websites 19
4.3.12 - Online Classifieds 19
4.3.13 - eBay / Online Auctions 19
4.3.14 - Online Retailing 19
4.3.15 - Banner Advertising 20
4.3.16 - Spam Linking 20
4.3.17 - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.) 20
4.3.18 - Sponsored Links / Pay-Per-Click (PPC) Ads 20
4.3.19 - Domain Names and Email Addresses 21
4.3.20 - Social Media 21
4.4 - BUSINESS ENTITIES 22
4.4.1 - Removal of an Affiliated Party 22
4.4.2 - Changes to a Business Entity 23
4.5 - CHANGE OF SPONSOR 23
4.5.1 - Misplacement 24
4.5.2 - Upline Approval 24
4.5.3 - Termination and Re-application 25
4.5.4 - WAIVER OF CLAIMS 25
4.6 - UNAUTHORIZED CLAIMS AND ACTIONS 26
4.6.1 - Indemnification 26
4.6.2 - Product Claims 26
4.6.3 - Compensation Plan Claims 26
4.6.4 - Income Claims 27
4.6.5 - Income Disclosure Statement 28
4.7 - REPACKAGING AND RELABELING PROHIBITED 30
4.8 - COMMERCIAL OUTLETS 30
4.9 - MILITARY INSTALLATIONS 30
4.10 - TRADE SHOWS, EXPOSITIONS AND OTHER SALES FORUMS 32
4.11 - CONFLICTS OF INTEREST 33
4.11.1 - Crossline Recruiting 33
4.11.2 - Non Solicitation 33
4.11.3 - Brand Ambassador Participation in Other Network Marketing Programs 34
4.11.4 - Confidential Information 35
4.12 - TARGETING OTHER DIRECT SELLERS 36
4.13 - Errors or Questions 36
4.14 - GOVERNMENTAL APPROVAL OR ENDORSEMENT 37
4.15 - HOLDING APPLICATIONS OR ORDERS 37
4.16 - INCOME TAXES 37
4.17 - INDEPENDENT CONTRACTOR STATUS 37
4.18 - INSURANCE 38
4.19 - INTERNATIONAL MARKETING 38
4.20 - EXCESS INVENTORY AND BONUS BUYING 38
4.21 - ADHERENCE TO LAWS, REGULATIONS AND THE AGREEMENT 39
4.22 - ONE Momentum Business AcademyBUSINESS PER BRAND AMBASSADOR AND PER HOUSEHOLD 39
4.23 - ACTIONS OF HOUSEHOLD MEMBERS OR AFFILIATED PARTIES 40
4.24 - REQUESTS FOR RECORDS 40
4.25 - ROLL-UP OF MARKETING ORGANIZATION 40
4.26 - SALE, TRANSFER OR ASSIGNMENT OF Momentum Business AcademyBUSINESS 42
4.27 - SEPARATION OF AN Momentum Business AcademyBUSINESS 43
4.28 - SPONSORING ONLINE 44
4.29 - SUCCESSION 44
4.29.1 - Transfer Upon Death of a Brand Ambassador 45
4.29.2 - Transfer Upon Incapacitation of a Brand Ambassador 45
4.30 - TELEMARKETING TECHNIQUES 46
4.31 - BACK OFFICE ACCESS 47
4.32 - UNAUTHORIZED COMMUNICATION 47
SECTION 5 - RESPONSIBILITIES OF BRAND AMBASSADORS 48
5.1 - CHANGE OF ADDRESS, TELEPHONE, AND E-MAIL ADDRESSES 48
5.2 - CONTINUING DEVELOPMENT OBLIGATIONS 48
5.2.1 - Ongoing Training 48
5.2.2 - Increased Training Responsibilities 49
5.2.3 - Ongoing Sales Responsibilities 49
5.3 - NON DISPARAGEMENT 49
5.4 - PROVIDING DOCUMENTATION TO APPLICANTS 49
SECTION 6 - SALES REQUIREMENTS 50
6.1 - PRODUCT SALES 50
6.2 - NO TERRITORY RESTRICTIONS 50
6.3 - SALES RECEIPTS 50
SECTION 7 - BONUSES AND COMMISSIONS 52
7.1 - BONUS AND COMMISSION QUALIFICATIONS AND ACCRUAL 52
7.2 - ADJUSTMENT TO BONUSES AND COMMISSIONS 52
7.2.1 - Adjustments for Returned Products and Cancelled Services 52
7.2.2 - Hard Copy Commission Checks 53
7.2.3 - Tax Withholdings 53
7.3 - REPORTS 53
SECTION 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE 55
8.1 - PRODUCT GUARANTEE, WARRANTY, AND RESCISSION 55
8.2 - RESCISSION 55
8.2.1 - RETAIL CUSTOMERS 55
8.2.2 - DIRECT AND PREFERRED CUSTOMERS 56
8.2.3 - INFORMING CUSTOMERS 56
8.3 - RETURN OF INVENTORY AND SALES AIDS BY BRAND AMBASSADORS UPON TERMINATION 57
8.3.1 Montana Residents 58
8.4 - PROCEDURES FOR ALL RETURNS 58
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS 60
9.1 - DISCIPLINARY SANCTIONS 60
9.2 - GRIEVANCES AND COMPLAINTS 61
9.3 - MEDIATION 61
9.4 - ARBITRATION 62
9.5 - GOVERNING LAW, JURISDICTION, AND VENUE 63
9.5.1 - LOUISIANA RESIDENTS 64
SECTION 10 - PAYMENTS 65
10.1 - RETURNED CHECKS 65
10.2 - RESTRICTIONS ON THIRD PARTY USE OF CREDIT CARDS AND BANK ACCOUNT ACCESS 65
10.3 - SALES TAXES 65
SECTION 11 - INACTIVITY, RECLASSIFICATION, AND TERMINATION 66
11.1 - EFFECT ON TERMINATION 66
11.2 - TERMINATION DUE TO INACTIVITY 67
11.2.1 - FAILURE TO MEET CV QUOTA 67
11.2.2 - FAILURE TO EARN COMMISSIONS 67
11.2.3 - FAILURE TO PAY WEBSITE FEES 67
11.2.4 - RECLASSIFICATION FOLLOWING TERMINATION DUE TO INACTIVITY 67
11.3 - INVOLUNTARY TERMINATION 67
11.4 - VOLUNTARY TERMINATION 68
11.5 - NON-RENEWAL 68
11.6 - EXCEPTIONS TO ACTIVITY REQUIREMENTS 68
11.6.1 - MATERNITY 68
11.6.2 - MILITARY DEPLOYMENT 68
SECTION 12 - DEFINITIONS 70
SECTION 1 - MISSION STATEMENT
To give the keys of financial freedom and prosperity to all people, all around the world.
SECTION 2 - INTRODUCTION
2.1 - Purpose of the Brand Ambassador Agreement and the Policies and Procedures
The purposes of the Brand Ambassador Agreement and the Policies and Procedures include the following:
To assist Brand Ambassadors in building and protecting their businesses;
To protect Momentum Business Academy and its Brand Ambassadors from legal and regulatory risks;
To establish standards of acceptable behavior;
To set forth the rights, privileges, and obligations of Momentum Business Academy and its Brand Ambassadors; and
To define the relationship between Momentum Business Academy and its Brand Ambassadors.
2.2 - Policies and Procedures Incorporated into Brand Ambassador Agreement
These Policies and Procedures, in their present form and as amended by Momentum Business Academy, LLC (hereafter “Momentum Business Academy” or the “Company”), are incorporated into, and form an integral part of, the Momentum Business Academy Independent Brand Ambassador Application and Agreement (“Brand Ambassador Agreement”). It is the responsibility of each Brand Ambassador to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Momentum Business Academy Brand Ambassador Application and Agreement (including the Terms and Conditions), these Policies and Procedures, and the Momentum Business Academy Business Entity Addendum (if applicable). These documents are incorporated by reference into the Momentum Business Academy Brand Ambassador Agreement (all in their current form and as amended by Momentum Business Academy).
2.3 - Changes to the Agreement
Momentum Business Academy reserves the right to amend the Agreement, the Compensation Plan, and its prices in its sole and absolute discretion. By executing the Brand Ambassador Agreement, a Brand Ambassador agrees to abide by all amendments or modifications that Momentum Business Academy elects to make. Amendments shall be effective thirty (30) days after publication of notice that the Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (e-mail); (3) posting in Brand Ambassadors’ back-offices; (4) inclusion in Company periodicals; (5) inclusion in product orders or bonus checks; or (6) special mailings. The continuation of a Brand Ambassador’s Momentum Business Academy business, the acceptance of any benefits under the Agreement, or a Brand Ambassador’s acceptance of bonuses or commissions constitutes acceptance of all amendments.
2.4 - Policies and Provisions Severable:
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
2.5 - Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of Momentum Business Academy to exercise any right or power under the Agreement or to insist upon strict compliance by a Brand Ambassador 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 Momentum Business Academy’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of a Brand Ambassador against Momentum Business Academy shall not constitute a defense to Momentum Business Academy’s enforcement of any term or provision of the Agreement.
2.6 - Company Use of Information
By submitting a Brand Ambassador Application and Agreement that is accepted by Momentum Business Academy, the Brand Ambassador consents to allow Momentum Business Academy, its affiliates, and any related company to: (a) process and utilize the information submitted in the Brand Ambassador Application and Agreement (as amended from time to time) for business purposes related to the Momentum Business Academy business; and (2) disclose, now or in the future, such Brand Ambassador information to companies which Momentum Business Academy may, from time to time, deal with to deliver information to a Brand Ambassador to improve its marketing, operational, and promotional efforts. A Brand Ambassador has the right to access his or her personal information via his or her respective back office, and to submit updates thereto.
SECTION 3 - BECOMING A BRAND AMBASSADOR
3.1 - Requirements to Become a Brand Ambassador
To become an Momentum Business Academy Brand Ambassador, each applicant must:
Be at least 18 years of age;
Reside in the country that Momentum Business Academy has officially announced is open for business;
Provide Momentum Business Academy with his/her valid Social Security or Federal Tax ID number;
Purchase an Momentum Business Academy Business Kit (optional in North Dakota, Massachusetts and Wyoming for residents of those states); and
Submit a properly completed Brand Ambassador Application and Agreement to Momentum Business Academyeither in hard copy or online format.
Momentum Business Academy reserves the right to accept or reject any Brand Ambassador Application and Agreement for any reason or for no reason.
3.2 - Enrollment Fee and Product Purchases
With the exception of an Enrollment Fee, no person is required to purchase Momentum Business Academy products, services or sales aids, or to pay any charge or fee to become a Brand Ambassador. In order to familiarize new Brand Ambassadors with Momentum Business Academy products, services, sales techniques, sales aids, and other matters, the Company requires that they purchase a Starter Kit. Momentum Business Academy will repurchase resalable kits from any Brand Ambassador who terminates his or her Brand Ambassador Agreement pursuant to the terms of Section 8.3- (only applies to physical products and not to digital purchases).
3.3 - Brand Ambassador Benefits
Once a Brand Ambassador Application and Agreement has been accepted by Momentum Business Academy, the benefits of the Compensation Plan and the Brand Ambassador Agreement are available to the new Brand Ambassador. These benefits include the right to:
Sell Momentum Business Academy products and services;
Participate in the Momentum Business Academy Compensation Plan (receive bonuses and commissions, if eligible);
Sponsor other individuals as Customers or Brand Ambassadors into the Momentum Business Academy business and thereby, build a marketing organization and progress through the Momentum Business Academy Compensation Plan;
Receive periodic Momentum Business Academy literature and other Momentum Business Academy communications;
Participate in Momentum Business Academy-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
Participate in promotional and incentive contests and programs sponsored by Momentum Business Academy for its Brand Ambassadors.
3.4 - Term and Renewal of Your Momentum Business Academy Business
The Agreement shall remain in full force and effect unless and until it is terminated by one of the parties.
SECTION 4 - OPERATING AN Momentum Business Academy BUSINESS
4.1 - Adherence to the Momentum Business Academy Compensation Plan
Brand Ambassadors must adhere to the terms of the Momentum Business Academy Compensation Plan as set forth in official Momentum Business Academy literature. Brand Ambassadors shall not offer the Momentum Business Academy opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official Momentum Business Academy literature. Brand Ambassadors shall not require or encourage other current or prospective Customers or Brand Ambassadors to execute any agreement or contract other than official Momentum Business Academy agreements and contracts in order to become an Momentum Business Academy Brand Ambassador. Similarly, Brand Ambassadors shall not require or encourage other current or prospective Customers or Brand Ambassadors to make any purchase from, or payment to, any individual or other entity to participate in the Momentum Business Academy Compensation Plan other than those purchases or payments identified as recommended or required in official Momentum Business Academy documents or literature.
4.2 - Advertising
4.2.1 - General
All Brand Ambassadors shall safeguard and promote the good reputation of Momentum Business Academy and its products. The marketing and promotion of Momentum Business Academy, the Momentum Business Academy opportunity, the Compensation Plan, and Momentum Business Academy products must avoid all discourteous, deceptive, misleading, unethical or immoral, or illegal conduct or practices.
To promote both the products and services, and the tremendous opportunity Momentum Business Academy offers, Brand Ambassadors – must -- use the sales aids, business tools, and support materials produced by Momentum Business Academy. The Company has carefully designed its products, product labels, Compensation Plan, and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and the materials comply with the legal requirements of federal and state laws.
Accordingly, Brand Ambassadors may only advertise or promote their Momentum Business Academy business using approved tools, templates or images acquired through Momentum Business Academy. No approval is necessary to use these approved tools. If you wish to design your own online or offline marketing materials of any kind, your designs must be submitted to the Momentum Business Academy advertising department (support@momentumbusiness.academy.) for consideration and inclusion in the template/image library. Unless you receive specific written approval from Momentum Business Academy to use such tools, the request shall be deemed denied. Go to the Template Library tab in your back office for guidelines and to access the library.
4.2.2 - Trademarks and Copyrights
The name of Momentum Business Academy and other names as may be adopted by Momentum Business Academy are proprietary trade names, trademarks and service marks of Momentum Business Academy (collectively “marks”). As such, these marks are of great value to Momentum Business Academy and are supplied to Brand Ambassadors for their use only in an expressly authorized manner. Momentum Business Academy will only allow the limited non-exclusive use of its marks, designs, or symbols, or any derivatives thereof, solely by a Brand Ambassador in the furtherance or operation of his or her Momentum Business Academy business, consistent with these Policies and Procedures. Momentum Business Academy will not allow the use of its marks, designs, or symbols, or any derivatives thereof, by any person, including Momentum Business Academy Brand Ambassadors, in any manner without its prior, written permission.
The content of all Company sponsored events is copyrighted material. Brand Ambassadors may not produce for sale or distribution any recorded Company events and speeches without written permission from Momentum Business Academy, nor may Brand Ambassadors reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
As an independent Brand Ambassador, you may use the Momentum Business Academy name in the following manner
Brand Ambassador’s Name
Independent Momentum Business Academy Brand Ambassador
Example:
Alice Smith
Independent Momentum Business Academy Brand Ambassador
or
Alice Smith
Momentum Business Academy
Independent Brand Ambassador
Brand Ambassadors may not use the name Momentum Business Academy in any form in your team name, a tagline, an external website name, your personal website address or extension, in an email address, as a personal name, or as a nickname. Additionally, only use the phrase Independent Momentum Business Academy Brand Ambassador in your phone greeting or on your answering machine to clearly separate your independent Momentum Business Academy business from Momentum Business Academy, LLC. For example, you may not secure the domain name www.buyMomentumBusinessAcademy.com, nor may you create an email address such as momentumbusinessacademysales@hotmail.com.
4.2.2.1 - Independent Momentum Business Academy Brand Ambassador Logo
If you use a Momentum Business Academy logo in any communication, you must use the Independent Brand Ambassador version of the Momentum Business Academy logo. Using any other Momentum Business Academy logo requires written approval. Please see examples below:
Logos Approved for Brand Ambassador Use:
4.2.3 - Media and Media Inquiries
Brand Ambassadors must not attempt to respond to media inquiries regarding Momentum Business Academy, its products or services, or their independent Momentum Business Academy business. All inquiries by any type of media must be immediately referred to Momentum Business Academy’s Compliance Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
4.2.4 - Unsolicited Email
Momentum Business Academy does not permit Brand Ambassadors to send unsolicited commercial emails unless such emails strictly comply with applicable state and federal laws and regulations including, without limitation, the federal CAN SPAM Act. The CAN-SPAM Act regulates the transmission of all commercial e-mail messages, not just unsolicited messages. A commercial e-mail message is defined as any email that has a “primary purpose of . . . commercial advertisement or promotion of a commercial product or service.” This includes commercial e-mails sent to business email accounts, as well as those sent to individual consumers.
4.2.4.1 - Requirements for All Commercial Email Messages
The Mailing List
The mailing list may include only persons who have affirmatively agreed (opted in) to receive commercial e-mail from you.
The mailing list must not include any recipient who has previously asked not to receive commercial e-mail from the business (opted out).
You must “scrub” the mailing list against the available “do not email” list at the last possible, commercially reasonable moment before the email is sent.
The E-mail Message
The message must include complete and accurate transmission and header information.
The “From” line must identify your business as the sender. This does not have to include your business’s formal name, if any. For example, it may contain your business’s name, trade name, or product or service name. The key requirement is that the “From” line provide the recipient with enough information to understand who is sending the message.
The “Subject” line must accurately describe the message’s content.
The message must clearly include the business’s valid, current physical postal address. This address can be a:
o street address;
o post office box that the business has accurately registered with the US Postal Service; or
o private mailbox that the business has accurately registered with a commercial mail receiving agency established pursuant to US Postal Service regulations.
The message must disclose that it is an advertisement or solicitation unless the e-mail message is sent only to recipients who have affirmatively agreed (opted in) to receive these messages from the business.
There must be a functioning return email address to the sender.
The use of deceptive subject lines and/or false header information is prohibited.
The Opt-out Mechanism
The message must clearly explain that the recipient may opt out of receiving future commercial messages from the business.
The message must include either an e-mail address or other online mechanism that the recipient may use for this opt out. The mechanism must not require the recipient to:
o do anything more than reply to the email or visit a single web page to opt out;
o make any payment or submit any personal information, including account information (other than e-mail address), to opt out; and
o the opt-out mechanism must work for at least 30 days after the email is sent.
You must ensure that the explanation of how a recipient can opt out is easy to read and understand.
You may include a menu of opt-out options that permit the recipient to select the types of commercial messages the recipient would like to continue receiving. However, one option must permit opting out of all commercial messages from you.
You must honor all opt-out requests within ten business days.
Opt-out requests do not expire. An opt-out is overridden only by the recipient’s subsequent express (opt in) request to receive commercial e-mail.
All opt-out requests, whether received by email or regular mail, must be honored. If you receive an opt-out request from a recipient of an email, you must forward the opt-out request to the Company.
You may not sell, share or use a business’s opt-out list for any reason other than to comply with the law.
Monitoring Opt-out Capabilities – If you use a third-party service provider you must implement procedures to ensure that your opt-out capabilities actually work. An example of a basic procedure to test the opt-out procedure is as follows:
Establish email accounts with several major private email account providers (for example, Gmail, Yahoo, Hotmail, AOL, and so on) and add these email addresses to the business’s mailing list. For each email address created for monitoring purposes, use the business’s opt-out mechanism to remove the email address from the mailing list.
Repeat this procedure on a regular basis (for example, at least every two weeks).
Examine the e-mail received by the monitoring email account to confirm that the: the opt-out mechanism works; the opt-out request is honored within 10 business days; and the monitoring email account no longer receives commercial messages from the business.
If the monitoring and testing process reveals problems, the business should immediately fix the issues.
Third-party Marketing Affiliates or Service Providers - When using third-party service providers, including affiliate marketers you should ensure that the written contract with the service provider clearly sets out each party’s responsibilities for compliance with the CAN-SPAM Act and includes appropriate and adequate remedies for noncompliance.
4.2.4.2 - Additional Requirements for Email Messages Sent to Wireless Devices
When sending commercial messages to wireless devices:
Ensure that you have the recipient’s prior, affirmative consent (opt in) to send the commercial message. The consent can be oral, written or electronic.
Ask for consent in a way that involves no cost to the recipient, for example:
o do not send the request to the wireless device; and
o allow the recipient to respond in a way that involves no cost (such as an online, e-mail or postal mail sign-up).
When seeking consent, make it clear that the recipient:
o is agreeing to receive commercial e-mail on his wireless device;
o may be charged to receive the email; and
o can revoke his consent at any time.
4.2.4.3 - Commercial Email Messages Sent on Behalf of Brand Ambassadors
The Momentum Business Academy may periodically send commercial emails on behalf of Brand Ambassadors. By entering into the Brand Ambassador Agreement, Brand Ambassador agrees that the Company may send such emails and that the Brand Ambassador’s physical and email addresses will be included in such emails as outlined above. Brand Ambassadors shall honor opt-out requests generated as a result of such emails sent by the Company.
4.2.5 - Unsolicited Faxes
Except as provided in this section, Brand Ambassadors may not use or transmit unsolicited faxes in connection with their Momentum Business Academy business. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting Momentum Business Academy, its products, its compensation plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Brand Ambassador has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between a Brand Ambassador and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Brand Ambassador; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
4.2.6 - Telephone Directory Listings
Brand Ambassadors may list themselves as an “Independent Momentum Business Ambassador” in the white or yellow pages of the telephone directory, or with online directories, under their own name. No Brand Ambassador may place telephone or online directory display ads using Momentum Business Academy's name or logo. Brand Ambassadors may not answer the telephone by saying “Momentum Business Academy”, “Momentum Business Academy Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of Momentum Business Academy. If a Brand Ambassador wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
Brand Ambassador's Name
Independent Momentum Business Ambassador
4.2.7 - Television and Radio Advertising
Brand Ambassadors may not advertise on television and radio except with Momentum Business Academy’s express written approval.
4.2.8 - Advertised Prices
Brand Ambassadors may not create their own marketing or advertising material offering any Momentum Business Academy products at a price less than the current price on the corporate website. Similarly, Brand Ambassadors may not sell any Momentum Business Academy products at a price less than the current price on the corporate website.
4.3 - Online Conduct
4.3.1 - Brand Ambassador Websites
Option 2
If a Brand Ambassador desires to utilize an Internet web page to promote his or her business, he or she may do so through the Company’s official website, using official Momentum Business Academy Replicated Website templates. Through their replicated websites, Brand Ambassadors can take orders, enroll new Customers and Brand Ambassadors, place Customers on the Autoship Program, as well as manage their Momentum Business Academy business. Alternatively, Brand Ambassadors may develop their own External Registered Websites. However, any Brand Ambassador who wishes to develop his or her own External Registered Website must submit a properly completed External Website Registration Application and Agreement along with the proper website registration fee and receive the Company’s prior written approval before the website goes live and is visible to any third party. Once a website is approved by Momentum Business Academy in writing, it is a “Registered External Website.” Any changes to the Registered External Website must be submitted to Momentum Business Academy, and the Brand Ambassador must receive Momentum Business Academy’s written authorization to make the change before going live with the change.
Brand Ambassadors may create their own External Registered Websites, so long as the website and its content comply with the terms of Momentum Business Academy’s Policies and Procedures and applicable laws. It is the Brand Ambassador’s obligation to ensure his or her online marketing activities are truthful, are not deceptive and do not mislead prospective or current Customers or Brand Ambassadors in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will result in disciplinary action. Deceptive and misleading tactics include, but are not limited to, spam linking (or blog spam), deceptive or misleading search engine optimization (“SEO”) tactics (e.g., deceptive or misleading metatags), deceptive or misleading click-through ads (i.e. having the display URL of a Pay-Per-Click (“PPC”) campaign appear to be directed to an official Momentum Business AcademyCorporate Site when it in fact goes elsewhere), unapproved banner ads, and unauthorized press releases. Momentum Business Academy will be the sole determinant of truthfulness and whether specific activities are misleading or deceptive.
4.3.2 - Momentum Business Academy Replicated Websites
Brand Ambassadors receive an Momentum Business Academy Replicated Website subscription to facilitate online buying experience for their Customers and enrollments for prospective Customers and Brand Ambassadors. There is no monthly charge for Replicated Websites.
Brand Ambassadors may not alter the branding, artwork, look, or feel of their Replicated Website, and may not use their Replicated Website to promote, market or sell non-Momentum Business Academy products, services or income opportunities. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:
The Momentum Business Academy Independent Brand Ambassador Logo
Your Name
Momentum Business AcademyCorporate Website Redirect Button
Artwork, logos, or graphics
Original text.
Because Replicated Websites reside on the Momentum Business Academy.com domain, Momentum Business Academy reserves the right to receive analytics and information regarding the usage of your website.
By default, your Momentum Business Academy Replicated Website URL is www.Momentum Business Academy.com/<distributorID#>. You must change this default ID and choose a uniquely identifiable website name that cannot:
Be confused with other portions of the Momentum Business Academy corporate website;
Confuse a reasonable person into thinking they have landed on an Momentum Business Academy corporate page;
Be confused with any Momentum Business Academy name;
Contain any discourteous, misleading, or off-color words or phrases that may damage Momentum Business Academy’s image.
4.3.3 - Registered External Website Content
The term External Website refers to a Brand Ambassador’s own personal website, or other web presence that is used for a Brand Ambassador’s business, but which is not hosted on Momentum Business Academy’s servers and has no official affiliation with Momentum Business Academy. In addition to traditional websites, a blog or website developed on a blogging platform, that promotes Momentum Business Academy products and/or the Momentum Business Academy opportunity is considered an External Website. A Brand Ambassador is allowed to have an External Website to personalize his or her business and promote the opportunity, but such External Website must be approved in writing by Momentum Business Academy. If a Brand Ambassador wishes to develop an External Website, he/she must:
a. Submit an executed External Website Request to Momentum Business Academy’s Compliance Department at compliance@MomentumBusiness.Academy and receive Momentum Business Academy’s written approval in advance of being available for public viewing ;
b. Submit the content of the External Website to Momentum Business Academy for approval in advance of being available for public viewing. Momentum Business Academy reserves the right to disapprove of any External Website, and the Brand Ambassador waives all claims against Momentum Business Academy should such authorization be withheld or rescinded ;
c. Adhere to the branding and image usage policies described in these Policies and Procedures;
d. Agree to modify the External Website to comply with current and future Policies and Procedures;
e. Agree to terminate the External Website upon Cancellation of the Brand Ambassador’s Brand Ambassador Agreement.
Brand Ambassadors are solely responsible and liable for their own Registered External Website content, messaging, claims, and information and must ensure that it appropriately represents and enhances the Momentum Business Academy brand and adheres to Momentum Business Academy’s Policies and Procedures. Therefore, even if a Brand Ambassador does not own or operate a blog or Social Media site, if a Brand Ambassador posts to any such site that relates to Momentum Business Academy or which can be traced to Momentum Business Academy, the Brand Ambassador is responsible for the posting. The Brand Ambassador is also responsible for postings by others that appear on any blog or Social Media site that the Brand Ambassador owns, operates or controls. Additionally, Registered External Websites must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at Momentum Business Academy’s sole discretion.
A Brand Ambassador’s External Website may not link to any other site than an Momentum Business Academy replicated website. A Brand Ambassador may place inbound links to his or her Registered External Website, but sites from which the Brand Ambassador links must not contain any violent, hateful, pornographic, or illegal content or any other content which may damage Momentum Business Academy’s reputation. Whether content is or may be damaging to Momentum Business Academy’s reputation shall be in the sole discretion of Momentum Business Academy.
If a Brand Ambassador uses the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any posting, it is the Brand Ambassador’s responsibility to ensure that he or she has received the proper license to use such intellectual property and pay the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third party, and the Brand Ambassador must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.
4.3.4 - Momentum Business Academy Independent Brand Ambassador Disclosure
To avoid confusion, the following three elements must be prominently displayed at the top of every page of your Registered External Website:
The Momentum Business Academy Independent Brand Ambassador Logo
Your Name and Title
Momentum Business Academy Corporate Website Redirect Button
Although Momentum Business Academy brand themes and images are desirable for consistency, anyone landing on any page of a Brand Ambassador’s External Website must clearly understand that they are at an Independent Brand Ambassador site, and not an Momentum Business AcademyCorporate page.
4.3.5 - Registered External Websites Must Exclusively Promote Momentum Business Academy
Your Momentum Business AcademyRegistered External Website must contain content and information that is exclusive to Momentum Business Academy. You may not advertise other products or services other than the Momentum Business Academy product line and the Momentum Business Academy opportunity.
4.3.6 - No eCommerce or Stock-and-Sell Retailing
A Brand Ambassador’s Registered External Website must only facilitate the entry into his/her Momentum Business Academy Replicated Website. Brand Ambassadors may not stock and sell Momentum Business Academy products, nor may you facilitate an e-commerce environment that would facilitate this model. All orders must be placed through your official Replicated Website or Brand Ambassador Workstation.
4.3.7 - Registered External Website Termination
In the event of the voluntary or involuntary termination of your Brand Ambassador Agreement, you must remove your Registered External Website from public view within three days and redirect (forward) all traffic from that domain to www.Momentum Business.Academy. Your external website may be transferred to another Momentum Business Ambassador, subject to Momentum Business Academy approval, on a case-by-case basis.
4.3.8 - Team Websites
Brand Ambassadors who have achieved the rank of Vice President or higher may create their own Team Website. You may use team websites for the purposes of connecting, communicating, training, education and sharing best practices among team members. Because these sites may contain sensitive and Company-specific information, these team websites must be password protected and may only be shared with members of your downline.
An eligible Brand Ambassador who wants to develop his or her own Team Website must submit a properly completed Team Website Registration Application and Agreement along with the proper website registration fee and receive the Company’s prior written approval before the website goes live and is visible to any third party. Once a Team Website is approved by Momentum Business Academy in writing, it is a “Registered Team Website.” Any changes to the Registered Team Website must be submitted to Momentum Business Academy, and the Brand Ambassador must receive Momentum Business Academy’s written authorization to make the change before going live with the change. Brand Ambassadors who own or operate a Registered Team Website must provide Momentum Business Academy with a user ID and password to be able to access the website from time to time. Registered Team Websites must comply with the terms of Momentum Business Academy’s Policies and Procedures and applicable laws.
4.3.9 - Domain Names, email Addresses and Online Aliases
You are not allowed to use or register Momentum Business Academy or any of Momentum Business Academy’s trademarks, product names, or any derivatives, for any Internet domain name, email address, social media website, blog website, online handles or online aliases. Additionally, you cannot use or register domain names, email addresses, social media websites, blog websites, online handles and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of Momentum Business Academy. Examples of the improper use of Momentum Business Academy include, but are not limited to any form of Momentum Business Academy showing up as the sender of an email or examples such as:
www.MyMomentum Business AcademyBiz.com www.Momentum Business AcademyDreamTeam.com
www.ISellMomentum Business Academy.com www.Momentum Business AcademybyJaneDoe.com
www.Momentum Business AcademyMoney.net www.JanesMomentum Business AcademyOpportunity.net
4.3.10 - Momentum Business Academy Hotlinks
When directing readers to your Registered External Website or replicated site it must be evident from a combination of the link, and the surrounding context, to a reasonable reader, that the link will be resolving to the site of an independent Momentum Business Ambassador. Attempts to mislead web traffic into believing they are going to an Momentum Business Academy corporate site, when in fact they land at a Brand Ambassador site (replicated or registered external) will not be allowed. The determination as to what is misleading or what constitutes a reasonable reader will be at Momentum Business Academy’s sole discretion.
4.3.11 - Monetizing Websites
Brand Ambassadors may not monetize their Replicated Website or their Registered External Website through affiliate programs, pay-per-click or cost-per-impression advertising, selling ad space, accepting donations, accepting sponsored posts or articles, adSense, or similar programs.
4.3.12 - Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or retail specific Momentum Business Academy products or product bundles. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the Momentum Business Academy income opportunity, provided Momentum Business Academy-approved templates/images are used. These templates will identify you as an Independent Momentum Business Ambassador. If a link or URL is provided, it must link to your Replicated Website or your Registered External Website.
4.3.13 - eBay / Online Auctions
Momentum Business Academy’s products and services may not be listed on eBay or other online auctions, nor may Brand Ambassadors enlist or knowingly allow a third party to sell Momentum Business Academy products on eBay, other online auction site, or ecommerce sites, such as Amazon.com, MercadoLibre.com, AliBaba.com, TowBow.com, etc.. A Brand Ambassador who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells Momentum Business Academy products on eBay or any other online auctions must immediately discontinue all sales to the third party.
4.3.14 - Online Retailing
Brand Ambassadors may not list or sell Momentum Business Academy products on any online retail store or ecommerce site (such as Amazon), nor may you enlist or knowingly allow a third party to sell Momentum Business Academy products on any online retail store or ecommerce site. A Brand Ambassador who becomes aware, or should have reasonably become aware, that a third party to whom he or she sells Momentum Business Academy products on any online retail store or ecommerce site must immediately discontinue all sales to the third party.
4.3.15 - Banner Advertising
You may place banner advertisements on a website provided you use Momentum Business Academy-approved templates and images. All banner advertisements must link to your Replicated Website or a Registered External Website. Brand Ambassadors may not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with Momentum Business Academy products or the Momentum Business . Banner advertisements may not be placed on any website that contains any violent, hateful, pornographic, or illegal content or any other content which may damage Momentum Business Academy’s reputation . Whether content is or may be damaging to Momentum Business Academy’s reputation shall be in the sole discretion of Momentum Business Academy.
4.3.16 - Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
4.3.17 - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)
Brand Ambassadors may upload, submit or publish Momentum Business Academy-related video, audio or photo content that they develop and create so long as it aligns with Momentum Business Academy’s values, contributes to the Momentum Business Academy community greater good, and is in compliance with Momentum Business Academy’s Policies and Procedures. All submissions must clearly identify you as an Independent Momentum Business Ambassador in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. Brand Ambassadors may not upload, submit or publish any content (video, audio, presentations or any computer files) received from Momentum Business Academy or captured at official Momentum Business Academy events or in buildings owned, leased, or operated by Momentum Business Academy without prior written permission from Momentum Business Academy.
4.3.18 - Sponsored Links / Pay-Per-Click (PPC) Ads
Except as prohibited elsewhere within the Policies and Procedures, sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to the sponsoring Brand Ambassador’s Replicated Website or to the sponsoring Brand Ambassador’s Registered External Website. The display URL must also be to the sponsoring Brand Ambassador’s Replicated Website or to the sponsoring Brand Ambassador’s Registered External Website, and must not portray any URL that could lead the user to believe they are being directed to an Momentum Business Academy Corporate site, or be inappropriate or misleading in any way.
4.3.19 - Domain Names and Email Addresses
Except as set forth in the Brand Ambassador Website Application and Agreement, Brand Ambassadors may not use or attempt to register any of Momentum Business Academy’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any Internet domain name, email address, or social media name or address.
4.3.20 - Social Media
In addition to meeting all other requirements specified in these Policies and Procedures, should you utilize any form of social media, including but not limited to Facebook, Instagram, Snapchat, Twitter, LinkedIn, YouTube, or Pinterest, you agree to each of the following:
No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to your Momentum Business Academy Replicated Website.
It is your responsibility to follow the social media site’s terms of use. If the social media site does not allow its site to be used for commercial activity, you must abide by the site’s terms of use.
Any social media site that is directly or indirectly operated or controlled by a Brand Ambassador that is used to discuss or promote Momentum Business Academy’s products or the Momentum Business Academy opportunity may not link to any website, social media site, or site of any other nature, other than the Brand Ambassador’s Momentum Business Academy replicated website.
During the term of this Agreement and for a period of 12 calendar months thereafter, a Brand Ambassador may not use any social media site on which they discuss or promote, or have discussed or promoted, the Momentum Business Academy business or Momentum Business Academy’s products to directly or indirectly solicit Momentum Business Ambassadors for another direct selling or network marketing program (collectively, “direct selling”). In furtherance of this provision, a Brand Ambassador shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other Brand Ambassadors relating to the Brand Ambassador’s other direct selling business activities. Violation of this provision shall constitute a violation of the non-solicitation provision in Section 4.11 (Conflicts of Interest) below.
A Brand Ambassador may post or “pin” photographs of Momentum Business Academy products on a social media site, but only photos that are provided by Momentum Business Academy and downloaded from the Brand Ambassador’s Back-Office may be used.
If a Brand Ambassador creates a business profile page on any social media site that promotes or relates to Momentum Business Academy, its products, or opportunity, the business profile page must relate exclusively to the Brand Ambassador’s Momentum Business Academy business and Momentum Business Academy products. If the Brand Ambassador’s Momentum Business Academy business is terminated for any reason or if the Brand Ambassador becomes inactive, the Brand Ambassador must deactivate the business profile page.
In addition to the requirements specified in elsewhere in these Policies and Procedures, if a Brand Ambassador utilizes any form of Social Media, he or she agrees to each of the following:
a. To generate sales and/or enroll a Brand Ambassador, a Social Media site must link only to the Brand Ambassador’s replicated website or the Brand Ambassador’s External Website.
b. Other than Pinterest and similar Social Media sites, any Social Media site that is directly or indirectly operated or controlled by a Brand Ambassador that is used to discuss or promote Momentum Business Academy products or the Momentum Business Academy opportunity may not link to any website, Social Media site, or site of any other nature, other than the Brand Ambassador’s replicated website or the Brand Ambassador’s External Website.
c. If a Brand Ambassador creates a business profile page on any Social Media site that promotes or relates to Momentum Business Academy, its products, or opportunity, the business profile page must relate exclusively to the Brand Ambassador’s Momentum Business Academy business and Momentum Business Academy products. If the Brand Ambassador’s Momentum Business Academy business is terminated for any reason, or if the Brand Ambassador becomes inactive, the Brand Ambassador must deactivate the business profile page.
4.3.21 - Prohibited Postings
A Brand Ambassador may not make any postings, or link to any postings or other material that are:
a. Sexually explicit, obscene, or pornographic;
b. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
c. Graphically violent, including any violent video game images;
d. Solicitous of any unlawful behavior;
e. Engaged in personal attacks on any individual, group, or entity; or
f. In violation of any intellectual property rights of the Company or any third party.
4.3.22 - Responding to Negative Posts
A Brand Ambassador is prohibited from conversing with others who place a negative post against them, other Brand Ambassadors or the Company. The Brand Ambassador must report negative posts to Momentum Business Academy’s Compliance Department at Compliance@MomentumBusiness.Academy.
4.4 - Business Entities
A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be an Momentum Business Ambassador by submitting a Brand Ambassador Application and Agreement along with a properly completed Business Entity Registration Form and a properly completed IRS Form W-9. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership (legal or equitable) interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to Momentum Business Academy, compliance with the Momentum Business AcademyPolicies and Procedures, the Momentum Business Ambassador Agreement, and other obligations to Momentum Business Academy.
4.4.1 - Addition or Removal of an Affiliated Party
When adding an Affiliate Party to an existing Momentum Business Academy distributorship, the Company requires a signed written request as well as a properly completed Brand Ambassador Agreement containing the original Applicant’s/Applicants’ and new Affiliated Party’s/Parties/ information, tax identification numbers and signatures. Scanned documents must be emailed to support@MomentumBusiness.Academy. The original documents (not copies) relating to addition or removal of an Affiliate Party must also be submitted to Momentum Business Academy’s Customer Service Department by mail or overnight courier. Please email support@MomentumBusiness.Academy for the address for the country you are operating in.
To prevent the circumvention of Sections 4.25 (Sale, Transfer or Assignment of Momentum Business AcademyBusiness) and 4.5, (Change of Sponsor), if any Affiliated Party wants to terminate his or her relationship with the Business Entity or Momentum Business Academy, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify Momentum Business Academy in writing that he or she has terminated his/her affiliation with the Business Entity, and must comply with the provisions of Section 4.25 (Sale, Transfer or Assignment of Momentum Business Academy Business). When removing a co-applicant from an existing Momentum Business Academy account, the Company requires a written and notarized request from the departing Affiliated Party/Parties, as well as a properly completed Brand Ambassador Agreement containing only the remaining Affiliate Party’s/Parties’ federal tax identification number and signature(s). In addition, the Affiliated Party terminating his/her/its interest in the Business Entity may not participate in any other Momentum Business Academy business for six consecutive calendar months in accordance with Section 4.5.3 (Termination and Re-application). If the Business Entity wishes to bring on any new Affiliated Party, it must adhere to the requirements of Section 4.25 (Sale, Transfer or Assignment of Momentum Business Academy Business).
The modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 4.5 (Change of Sponsor), below. There is a $25.00 fee for each change requested, which must be included with the written request and the completed Brand Ambassador Application and Agreement.
Scanned documents must be emailed to support@MomentumBusiness.Academy. The original documents (not copies) relating to addition or removal of an Affiliate Party must also be submitted to Momentum Business Academy’s Customer Service Department by mail or overnight courier. Please email support@MomentumBusiness.Academy for the address for the country you are operating in.
Momentum Business Academy may, at its discretion, require notarized documents before implementing any changes to an Momentum Business Academy business. Please allow thirty (30) days after the receipt of the request by Momentum Business Academy for processing.
4.4.2 - Changes to a Business Entity
Each Brand Ambassador must immediately notify Momentum Business Academyof all changes to type of business entity they utilize in operating their businesses and the addition or removal of business Affiliated Parties.
4.5 - Change of Sponsor
Momentum Business Academy strongly discourages changes in sponsorship. In order to protect all Sponsors, no Brand Ambassador may interfere with the relationship between another Brand Ambassador and his or her Sponsor in any way. A Brand Ambassador may not offer, entice, encourage, solicit, recruit, or otherwise influence or attempt to persuade another Brand Ambassador to change his or her Sponsor or line of sponsorship, either directly or indirectly. Accordingly, the transfer of an Momentum Business Academy business from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to the Brand Ambassador Services Department, and must include the reason for the transfer. Transfers will only be considered in the following three circumstances:
4.5.1 - Misplacement
In cases in which the new Brand Ambassador is sponsored by someone other than the individual he or she was led to believe would be his or her Sponsor, a Brand Ambassador may request that he or she be transferred to another organization with his or her entire marketing organization intact. Requests for transfer under this policy will be evaluated on a case-by-case basis and must be made within 7 days from the date of enrollment. The Brand Ambassador requesting the change has the burden of proving that he or she was placed beneath the incorrect sponsor. It is up to Momentum Business Academy’s discretion whether the requested change will be implemented.
4.5.2 - Upline Approval
The Brand Ambassador seeking to transfer submits a properly completed and fully executed Sponsorship Transfer Form which includes the written approval of his or her immediate upline Brand Ambassadors in his or her marketing organization. Photocopied or facsimile signatures are not acceptable. All Brand Ambassador signatures must be notarized. The Brand Ambassador who requests the transfer must submit a fee of $50.00 for administrative charges and data processing. If the transferring Brand Ambassador also wants to move any of the Brand Ambassadors in his or her marketing organization, each downline Brand Ambassador must also obtain a properly completed Sponsorship Transfer Form and return it to Momentum Business Academy with the $50.00 change fee (i.e., the transferring Brand Ambassador and each Brand Ambassador in his or her marketing organization multiplied by $50.00 is the cost to move an Momentum Business Academy business.) Downline Brand Ambassadors will not be moved with the transferring Brand Ambassador unless all of the requirements of this paragraph are met. Transferring Brand Ambassadors must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by Momentum Business Academy for processing and verifying change requests.
4.5.3 - Termination and Re-application
A Brand Ambassador may legitimately change organizations by voluntarily canceling his or her Momentum Business Academy business and remaining inactive (i.e., no purchases of Momentum Business Academy products for resale, no sales of Momentum Business Academy products, no sponsoring, no attendance at any Momentum Business Academy functions, participation in any other form of Brand Ambassador activity, or operation of any other Momentum Business Academy business, no income from the Momentum Business Academy business) for six (6) full calendar months. Following the six month period of inactivity, the former Brand Ambassador may reapply under a new sponsor, however, the former Brand Ambassador’s downline will remain in their original line of sponsorship. Momentum Business Academy will consider waiving the six month waiting period under exceptional circumstances. Such requests for waiver must be submitted to Momentum Business Academy in writing.
Any change in sponsorship in accordance with this Policy at any rank is limited to one time in the Brand Ambassador’s life. Momentum Business Academy will not accept a Brand Ambassador Agreement for a Brand Ambassador wishing to change sponsors beyond the first sponsor change made in accordance with this Policy.
4.5.4 - Waiver of Claims
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by a Brand Ambassador, Momentum Business Academy reserves the sole and exclusive right to determine the final disposition of the downline organization. Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, BRAND AMBASSADORS WAIVE ANY AND ALL CLAIMS AGAINST Momentum Business Academy, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM Momentum Business Academy’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
4.6 - Unauthorized Claims and Actions
4.6.1 - Indemnification
A Brand Ambassador is fully responsible for all of his or her verbal and written statements made regarding Momentum Business Academy products, services, and the Compensation Plan that are not expressly contained in official Momentum Business Academymaterials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. Brand Ambassadors agree to indemnify Momentum Business Academy and Momentum Business Academy’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Momentum Business Academyas a result of the Brand Ambassador’s unauthorized representations or actions. This provision shall survive the termination of the Brand Ambassador Agreement.
4.6.2 - Product Claims
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Momentum Business Academy maybe made except those contained in official Momentum Business Academy literature. In particular, no Brand Ambassador may make any claim that Momentum Business Academy products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases or symptoms of diseases. Such statements can be perceived as drug claims, and they may lack adequate substantiation. Not only are such claims in violation of the Brand Ambassador Agreement, they also violate the laws and regulations of the United States and other jurisdictions.
4.6.3 - Compensation Plan Claims
When presenting or discussing the Momentum Business Academy Compensation Plan, you must make it clear to prospects that financial success with Momentum Business Academy requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
It’s a turnkey system;
The system will do the work for you;
Just get in and your downline will build through spillover;
Just join and I’ll build your downline for you;
The company does all the work for you;
You don’t have to sell anything; or
All you have to do is buy your products every month.
The above are merely examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as an Momentum Business Ambassador without commitment, effort, and sales skill.
4.6.4 - Income Claims
Because Momentum Business Ambassadors do not have the data necessary to comply with the legal requirements for making income claims, a Brand Ambassador, when presenting or discussing the Momentum Business Academy opportunity or Compensation Plan to a prospective Brand Ambassador, may not make income projections, income claims, or disclose his or her Momentum Business Academy income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records).
4.6.5 - Income Disclosure Statement
Momentum Business Academy’s corporate ethics compel us to do not merely what is legally required, but rather, to conduct the absolute best business practices. To this end, we have developed the Momentum Business Academy Income Disclosure Statement (“IDS”). The Momentum Business AcademyIDS is designed to convey truthful, timely, and comprehensive information regarding the income that Momentum Business Ambassadors earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Brand Ambassadors. The failure to comply with this policy constitutes a significant and material breach of the Momentum Business Ambassador Agreement and will be grounds for disciplinary sanctions, including termination, pursuant to Section 9.1 (Disciplinary Sanctions).
A Brand Ambassador, when presenting or discussing the Momentum Business Academy opportunity or Compensation Plan to a prospective Brand Ambassador, may not make income projections, income claims, or disclose his or her Momentum Business Academy income (including the showing of checks, copies of checks, bank statements, or tax records) unless, at the time the presentation is made, the Brand Ambassador provides a current copy of the Momentum Business Academy Income Disclosure Statement (IDS) to the person(s) to whom he or she is making the presentation.
A copy of the IDS must be presented to a prospective Brand Ambassador (someone who is not a party to a current Momentum Business Ambassador Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of actual earnings; (2) statements of projected earnings; (3) statements of earnings ranges; (4) income testimonials; (5) lifestyle claims; and (6) hypothetical claims.
A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one's dreams, having everything one always wanted, and are phrased in terms of “opportunity” or “possibility” or “chance.” Claims such as “My Momentum Business Academy income exceeded my salary after six months in the business,” or “Our Momentum Business Academy business has allowed my wife to come home and be a full-time mom” also fall within the purview of “lifestyle” claims.
A hypothetical income claim exists when you attempt to explain the operation of the compensation plan through the use of a hypothetical example. Certain assumptions are made regarding some or all of the following: (1) number of personally-enrolled Customers and Brand Ambassadors; (2) number of downline Customers and Brand Ambassadors; (3) average sales/purchase volume/sales volume per Customer and Brand Ambassador; and (4) total organizational volume. Applying these assumptions through the compensation plan yields income figures which constitute hypothetical income claims.
In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective Brand Ambassador or Brand Ambassadors in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claims is made, you must provide every prospective Brand Ambassador with a copy of the IDS and you must display at least one (3 foot x 5 foot poster board) in the front of the room in reasonably close proximity to the presenter(s). In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim.
Copies of the IDS may be printed or downloaded without charge from the corporate team at support@MomentumBusiness.Academy.
Brand Ambassadors who develop sales aids and tools in which the Compensation Plan or income claims are present must incorporate the IDS into each such sales aid or tool prior to submission to the Company for review.
4.7 - Repackaging and Relabeling Prohibited
Momentum Business Academy products (including digital) must be sold in their original packaging. Brand Ambassadors may not repackage, re-label, or alter the labels on Momentum Business Academy products. Tampering with labels/packaging could be a violation of federal and state laws, and may result in civil or criminal liability. Brand Ambassadors may affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing existing labels or covering any text, graphics, or other material on the product label.
4.8 - Commercial Outlets
Brand Ambassadors may not sell Momentum Business Academy products from a commercial outlet, nor may Brand Ambassadors display or sell Momentum Business Academy products or literature in any retail or service establishment. Online auction and/or sales facilitation websites, including but not limited to eBay and Craig’s List constitute Commercial Outlets, and may not be used to sell Momentum Business Academy products.
4.9 - Military Installations
The offer, promotion, or sale of the goods and services, or the offer and promotion of the Momentum Business on a military installation is not a right – it is a privilege. Even if a Brand Ambassador lives on a military installation, he or she does not have the right to offer our products or opportunity to anyone on that installation without the permission of the installation Commander. For the purposes of the U.S. Navy personnel and Navy Regulations, the definition of an “installation” also includes U.S. Navy vessels.
Any Brand Ambassador who wants to offer, promote, or sell Momentum Business Academy products, or offer and promote the Momentum Business Academy opportunity (these activities will be collectively referred to as “commercial solicitation activities”) on a military installation must make an inquiry to the office of the installation Commander to determine whether the Commander has granted permission for Momentum Business Ambassadors to engage in such activities on the installation. If the Commander has not done so, the Brand Ambassador must contact Momentum Business Academy’s offices to ask the Company to obtain the Commander’s permission. Brand Ambassadors are prohibited from seeking such permission from any installation Commander. If obtained, the permission to engage in commercial solicitation activities on a military installation is granted only for one particular installation.
Any Brand Ambassador who intends to engage in commercial solicitation activities on a military installation must be aware of and become completely familiar with the applicable military Regulation or Instruction. There are many activities that are permissible in a civilian environment that are not permissible on a military installation. Some of these activities include, but are not limited to:
Solicitation during enlistment or induction processing or during basic combat training, and within the first half of the one station unit training cycle.
Solicitation of “mass,” “group,” or “captive” audiences.
Making appointments with or soliciting military personnel during their normally-scheduled duty hours.
Soliciting without an appointment in areas used for housing or processing transient personnel, or soliciting in barracks areas used as quarters.
Use of official military identification cards or vehicle decals by active duty, retired, or reserve members of the military services to gain access to Army installations for the purpose of soliciting. (When entering the installation for the purpose of solicitation, Brand Ambassadors with military identification cards and/or installation vehicle decals must present documentation issued by the installation authorizing solicitations.)
Offering rebates to promote transaction or to eliminate competition.
Any oral or written representations which suggest or appear that the military branch sponsors or endorses the Company or its Brand Ambassadors, or the goods, services, and commodities offered for sale.
The designation of any agent or the use by any agent of titles (for example, “Battalion Insurance Counselor,” “Unit Insurance Advisor,” “Servicemen’s Group Life Insurance Conversion Consultant”) that in any manner states or implies any type of endorsement from the U.S. Government, the Armed Forces, or any State or Federal agency or Government entity.
Entry into any unauthorized or restricted area.
Distribution of literature other than to the person being interviewed.
Contacting military personnel by calling a Government telephone, faxing to a Government fax machine, or sending email to a Government computer, unless a pre-existing relation (that is, the military member is a current client or requested to be contacted) exists between the parties and the military member has not asked for the contact to be terminated.
Soliciting door to door or without an appointment.
The foregoing items are not an all-inclusive list. There are many more prohibited activities that are addressed in the applicable military Regulation or Instruction. The violation of military Regulations or Instructions by one Brand Ambassador could jeopardize the ability of all Momentum Business Ambassadors to engage in commercial solicitation activities on a particular military installation or even the entire branch of the military involved (e.g., Army, Air Force, Navy, Marines, or Coast Guard).
4.10 - Trade Shows, Expositions and Other Sales Forums
Brand Ambassadors may display and/or sell Momentum Business Academy products at trade shows and professional expositions. Before submitting a deposit to the event promoter, Brand Ambassadors must contact the Brand Ambassador Services department in writing for conditional approval, as Momentum Business Academy’s policy is to authorize only one Momentum Business Academy business per event. Final approval will be granted to the first Brand Ambassador who submits an official advertisement of the event, a copy of the contract signed by both the Brand Ambassador 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. Momentum Business Academy 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 Momentum Business Academy 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 Momentum Business Academy wishes to portray.
4.11 - Conflicts of Interest
4.11.1 - Crossline Recruiting
Brand Ambassadors are prohibited from crossline recruiting. The use of a spouse or relative’s name, trade names, DBAs, assumed names, entities, federal identification numbers, or fictitious identification numbers, or any other device or contrivance to circumvent this policy is prohibited. A Brand Ambassador shall not demean, discredit, or defame other Momentum Business Ambassadors in an attempt to entice another customer, Brand Ambassador or prospective Brand Ambassador to become part of his or her organization.
For the purposes of this Section 4.11.1, the term “crossline recruiting” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way, either directly, indirectly, or through a third party, of another Momentum Business Ambassador or Customer to enroll, join, or otherwise participate in another Momentum Business Academy marketing organization, downline, or line of sponsorship other than the one in which he, she, or it originally enrolled.
4.11.2 - Non Solicitation
Momentum Business Ambassadors are free to participate in other direct selling, multilevel marketing, or network marketing entities, businesses, organizations, opportunities, or ventures (collectively referred to as a “network marketing business”). However, during the term of this Agreement, any renewal or extension hereof, and for a period of six calendar months OR one year following the termination of a Brand Ambassador’s Independent Brand Ambassador Agreement, with the exception of a Brand Ambassador who is personally sponsored by the Brand Ambassador (or former Brand Ambassador, as may be applicable), a Brand Ambassador (or former Brand Ambassador) may not recruit any Momentum Business Ambassador or Customer for another network marketing business. Brand Ambassadors and the Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Brand Ambassadors and Momentum Business Academy agree that this non-solicitation provision shall apply nationwide throughout the United States and to all international markets in which Brand Ambassadors are located. This provision shall survive the termination or expiration of the Brand Ambassador Agreement.
For the purposes of this Section 4.11.2, the term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any way (either directly, indirectly, or through a third party) another Momentum Business Ambassador or Customer to: (1) enroll, join, or otherwise participate in another network marketing business; or (2) terminate or alter his or her business or contractual relationship with the Momentum Business Academy. The term “recruit” also includes the above activities in the event that the Brand Ambassador’s actions are in response to an inquiry made by another Brand Ambassador or Customer.
4.11.3 - Brand Ambassador Participation in Other Network Marketing Programs
If a Brand Ambassador is engaged in other non-Momentum Business Academy network marketing business, it is the responsibility of the Brand Ambassador to ensure that his or her Momentum Business Academy business is operated entirely separate and apart from any other network marketing business. To this end, the following must be adhered to:
Brand Ambassadors must not sell, or attempt to sell, any competing non-Momentum Business Academy programs, products or services to Momentum Business Academy Customers or Brand Ambassadors. Any program, product or services in the same generic categories as Momentum Business Academy products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors. This provision does not apply where professional services are the primary source of revenues and the product sales are secondary to the provision of such services (e.g., physician’s offices, health clinics, health clubs, gyms, spas or beauty salons). However, a Brand Ambassador may sell non-competing products or services to Momentum Business Academy Customers or Brand Ambassadors who are personally-sponsored.
Brand Ambassadors shall not display Momentum Business Academy promotional material, sales aids, products or services with or in the same location as, any non-Momentum Business Academy promotional material or sales aids, products or services.
Brand Ambassadors shall not offer the Momentum Business Academy opportunity, products or services to prospective or existing Customers or Brand Ambassadors in conjunction with any non-Momentum Business Academy program, opportunity, product or service.
Brand Ambassadors may not offer any non-Momentum Business Academy opportunity, products, services or opportunity at any Momentum Business Academy-related meeting, seminar, convention, webinar, teleconference, or other function.
4.11.4 - Confidential Information
“Confidential Information” includes, but is not limited to, Downline Genealogy Reports, the identities of Momentum Business Academy customers and Brand Ambassadors, contact information of Momentum Business Academy customers and Brand Ambassadors, Brand Ambassadors’ personal and group sales volumes, Brand Ambassador rank and/or achievement levels, and other financial and business information. All Confidential Information (whether oral or in written or electronic form) is proprietary information of Momentum Business Academy and constitutes a business trade secret belonging to Momentum Business Academy. Confidential Information is, or may be available, to Brand Ambassadors in their respective back-offices. Brand Ambassador access to such Confidential Information is password protected, and is confidential and constitutes proprietary information and business trade secrets belonging to Momentum Business Academy. Such Confidential Information is provided to Brand Ambassadors in strictest confidence and is made available to Brand Ambassadors for the sole purpose of assisting Brand Ambassadors in working with their respective downline organizations in the development of their Momentum Business Academy business. Brand Ambassadors may not use the reports for any purpose other than for developing, managing, or operating their Momentum Business Academy business. Where a Brand Ambassador participates in other multi-level marketing ventures, he/she is not eligible to have access to Downline Genealogy Reports. Brand Ambassadors should use the Confidential Information to assist, motivate, and train their downline Brand Ambassadors. The Brand Ambassador and Momentum Business Academy agree that, but for this agreement of confidentiality and nondisclosure, Momentum Business Academy would not provide Confidential Information to the Brand Ambassador.
To protect the Confidential Information, Brand Ambassadors shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
Directly or indirectly disclose any Confidential Information to any third party;
Directly or indirectly disclose the password or other access code to his or her back-office;
Use any Confidential Information to compete with Momentum Business Academy or for any purpose other than promoting his or her Momentum Business Academy business;
Recruit or solicit any Brand Ambassador or Customer of Momentum Business Academy listed on any report or in the Brand Ambassador’s back-office, or in any manner attempt to influence or induce any Brand Ambassador or Customer of Momentum Business Academy, to alter their business relationship with Momentum Business Academy; or
Use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information.
The obligation not to disclose Confidential Information shall survive cancellation or termination of the Agreement, and shall remain effective and binding irrespective of whether a Brand Ambassador’s Agreement has been terminated, or whether the Brand Ambassador is or is not otherwise affiliated with the Momentum Business Academy. Upon nonrenewal or termination of the Agreement, Brand Ambassadors must immediately discontinue all use of the Confidential Information and if requested by the Momentum Business Academy promptly return all materials in their possession to the Momentum Business Academy within five (5) business days of request at their own expense.
4.12 - Targeting Other Direct Sellers
Momentum Business Academy does not condone Brand Ambassadors specifically or consciously targeting the sales force of another direct sales company to sell Momentum Business Academy products or to become Brand Ambassadors for Momentum Business Academy, nor does Momentum Business Academy condone Brand Ambassadors solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company. Should Brand Ambassadors engage in such activity, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against a Brand Ambassador alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Momentum Business Academy will not pay any of the Brand Ambassador’s defense costs or legal fees, nor will Momentum Business Academy indemnify the Brand Ambassador for any judgment, award, or settlement.
4.13 - Errors or Questions
If a Brand Ambassador has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the Brand Ambassador must notify Momentum Business Academy in writing within 60 days of the date of the purported error or incident in question. Momentum Business Academy will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
4.14 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Brand Ambassadors shall not represent or imply that Momentum Business Academy or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
4.15 - Holding Applications or Orders
Brand Ambassadors must not manipulate enrollments of new applicants and purchases of products. All Brand Ambassador Applications and Agreements, and product orders must be sent to Momentum Business Academy within 72 hours from the time they are signed by a Brand Ambassador or placed by a Customer, respectively.
4.16 - Income Taxes
Each Brand Ambassador is responsible for paying local, state, and federal taxes on any income generated as an Independent Brand Ambassador. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If a Brand Ambassador’s Momentum Business Academy business is tax exempt, the Federal tax identification number must be provided to Momentum Business Academy. Every year, Momentum Business Academy, when it’s operational in the USA, will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: (1) Had earnings of over $600 in the previous calendar year; or (2) Made purchases during the previous calendar year in excess of $5,000.
4.17 - Independent Contractor Status
Brand Ambassadors are independent contractors. The agreement between Momentum Business Academy and its Brand Ambassadors does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Brand Ambassador. Brand Ambassadors shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Brand Ambassadors are responsible for paying local, state, and federal taxes due from all compensation earned as a Brand Ambassador of the Company. The Brand Ambassador has no authority (expressed or implied), to bind the Company to any obligation. Each Brand Ambassador shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Brand Ambassador Agreement, these Policies and Procedures, and applicable laws.
4.18 - Insurance
You may wish to arrange insurance coverage for your business. Your homeowner’s insurance policy does not cover business-related injuries, or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple “Business Pursuit” endorsement attached to your present home owner’s policy.
4.19 - International Marketing
Brand Ambassadors are authorized to promote and/or sell Momentum Business Academy products and services, and enroll Customers or Brand Ambassadors only in the countries in which Momentum Business Academy is authorized to conduct business, as announced in official Company literature (an “Official Country”). Momentum Business Academy products or sales aids may not be given, transferred, distributed, shipped into or sold in any Unauthorized Country (see definition below). Brand Ambassadors may not sell, give, transfer, or distribute Momentum Business Academy products or sales aids from one Official Country into another Official Country.
Brand Ambassadors have no authority to take any steps in any country toward the introduction or furtherance of the Company. This includes, but is not limited to, any attempt to register, reserve or otherwise secure any Company names, trademarks, trade names, copyright, patent, other intellectual property, to secure approval for products or business practices, or to establish business or governmental contacts. You agree to indemnify the Company for all costs incurred by it for any remedial action needed to exonerate the Company in the event you improperly act purportedly on behalf of the Company.
Only after the Company has announced that a country is officially open for business (an “Official Country”) may Brand Ambassadors conduct business in that Official Country by promoting the Company (or related entity) and/or promoting, marketing or selling Products, and enrolling other Brand Ambassadors or Customers. Brand Ambassadors are required to follow all laws, rules and regulations of the Official Country. Brand Ambassador may use only promotional materials approved by the Company for use in an Official Country and sell only products approved for sale in that country.
In addition, no Brand Ambassador may, in any Unauthorized Country:
• advertise the Company, the Compensation Plan or its products;
• offer Company products for sale or distribution
• conduct sales, enrollment or training meetings;
• enroll or attempt to enroll potential Customers or Brand Ambassadors;
• Accept payment for enrollment or recruitment from citizens of countries where Momentum Business Academy does not conduct business;
• promote international expansion via the Internet or in promotional literature; or
• conduct any other activity for the purpose of selling Momentum Business Academy products, establishing a marketing organization, or promoting the Momentum Business Academy opportunity.
A Brand Ambassador is solely responsible for compliance with all laws, tax requirements, immigration customs laws, rules and regulations of any country in which he or she conducts business. Brand Ambassadors accept the sole responsibility to conduct their independent businesses lawfully within each country in which he or she conducts business.
A Brand Ambassador’s right to receive commissions in a country may be revoked at any time if the Company determines that he or she has not conducted business in particular country in accordance with the terms and conditions contained herein or the governing operations within such country.
The Company reserves the right to establish additional policies and procedures that are applicable to a specific country. A Brand Ambassador who conducts business internationally agrees to abide by all special policies established by the Company for the specific country or countries in which he or she conducts business.
4.20 - Excess Inventory and Bonus Buying
Brand Ambassadors must never purchase more products than they can reasonably use or sell to retail customers in a month, and must not influence or attempt to influence any other Brand Ambassador to buy more products than they can reasonably use or sell to retail customers in a month. In addition, bonus buying is strictly prohibited. Bonus buying includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bona fide product or service purchases by end user consumers. Bonus buying includes, but is not limited to, purchasing products through a straw man or other artifice.
4.21 - Adherence to Laws, Regulations and the Agreement
Brand Ambassadors must comply with all federal, state, and local laws, regulations, ordinances, codes, and the terms of the Agreement in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Brand Ambassadors because of the nature of their business. However, Brand Ambassadors must obey those laws that do apply to them. If a city or county official tells a Brand Ambassador that an ordinance applies to him or her, the Brand Ambassador shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of Momentum Business Academy. In addition, Brand Ambassadors must not recommend, encourage or teach other Brand Ambassadors to violate federal, state, or local laws, regulations, ordinances, codes, or the terms of the Agreement in the operation of their Momentum Business Academy business.
4.22 - One Momentum Business Academy Business Per Brand Ambassador and Per Household
A Brand Ambassador may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Momentum Business Academy business. No individual may have, operate or receive compensation from more than one Momentum Business Academy business.
Individuals of the same Household may maintain, own, and operate their own Momentum Business Academy Business. A “Household” is defined as spouses and dependent adult children living at or doing business at the same address. In the event that two members of the same Household elect to become Brand Ambassadors at the same time, one must be enrolled by the other. In the event that more than two members of the same Household elect to become Brand Ambassadors at the same time, they must elect one Household member to enroll the others. In the event that members of the same Household elect to become Brand Ambassadors at different times, the Household member who joined Momentum Business Academy first must be the Sponsor for all other Household members.
4.23 - Actions of Household Members or Affiliated Parties
If any member of a Brand Ambassador’s Household engages in any activity which, if performed by the Brand Ambassador, would violate any provision of the Agreement, such activity will be deemed a violation by the Brand Ambassador and Momentum Business Academy may take disciplinary action pursuant to the these Policies and Procedures against the Brand Ambassador. Similarly, if any individual associated in any way with a corporation, partnership, limited liability company, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Momentum Business Academy may take disciplinary action against the Business Entity. Likewise, if a Brand Ambassador enrolls in Momentum Business Academy as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
4.24 - Requests for Records
Any request from a Brand Ambassador for copies of invoices, applications, downline activity reports, or other records will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.
4.25 - Roll-up of Marketing Organization
When a vacancy occurs in a Marketing Organization due to the termination of an Momentum Business Academy business, the Brand Ambassador in the first level immediately below the terminated Brand Ambassador on the date of the termination will not be moved to the first level (“front line”) of the terminated Brand Ambassador’s sponsor. The position occupied by the terminated Brand Ambassador shall remain permanently vacant.
4.26 - Sale, Transfer or Assignment of Momentum Business Academy Business
Although an Momentum Business Academy business is a privately owned and independently operated business, the sale, transfer or assignment of an Momentum Business Academy business, and the sale, transfer, or assignment of an interest in a Business Entity that owns or operates an Momentum Business Academy business, is subject to certain limitations. If a Brand Ambassador wishes to sell his or her Momentum Business Academy business, or interest in a Business Entity that owns or operates an Momentum Business Academy business, the following criteria must be met:
The selling Brand Ambassador must offer Momentum Business Academy the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. Momentum Business Academy shall has fifteen days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
The buyer or transferee must become a qualified Momentum Business Ambassador. If the buyer is an active Momentum Business Ambassador, he or she must first terminate his or her Momentum Business Academy business and wait six calendar months before acquiring any interest in a different Momentum Business Academy business;
Before the sale, transfer or assignment can be finalized and approved by Momentum Business Academy, any debt obligations the selling party has with Momentum Business Academy must be satisfied.
The selling party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign an Momentum Business Academy business.
Prior to selling an independent Momentum Business Academy business or Business Entity interest, the selling Brand Ambassador must notify Momentum Business Academy’s Compliance Department in writing and advise of his or her intent to sell his/her Momentum Business Academy business or Business Entity interest. The selling Brand Ambassador must also receive written approval from the Compliance Department before proceeding with the sale. No changes in line of sponsorship can result from the sale or transfer of an Momentum Business Academy business. In the event that a Brand Ambassador transfers, assigns, or sells his or her Momentum Business Academy business without the express written approval of the Compliance Department, such transfer, assignment, or sale shall be voidable in the sole and absolute discretion of Momentum Business Academy.
4.27 - Separation of an Momentum Business AcademyBusiness
Momentum Business Ambassadors sometimes operate their Momentum Business Academy businesses as husband-wife partnerships, regular partnerships, limited liability companies, corporations, trusts, or other Business Entities. At such time as a marriage may end in divorce or a corporation, limited liability company, partnership, trust or other Business Entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
One of the parties may, with consent of the other(s), operate the Momentum Business Academy business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize Momentum Business Academy to deal directly and solely with the other spouse or non-relinquishing shareholder, member, partner, or trustee.
The parties may continue to operate the Momentum Business Academy business jointly on a “business-as-usual” basis, whereupon all compensation paid by Momentum Business Academy will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.
Under no circumstances will the downline organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will Momentum Business Academysplit commission and bonus checks between divorcing spouses or members of dissolving entities. Momentum Business Academy will recognize only one downline organization and will issue only one commission check per Momentum Business Academy business per commission cycle. Commission checks shall always be issued to the same individual or entity.
If a former spouse has completely relinquished all rights in the original Momentum Business Academy business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without waiting six calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait two calendar months from the date of the final dissolution before re-enrolling as a Brand Ambassador. In either case, the former spouse or business affiliate shall have no rights to any Brand Ambassadors in their former organization or to any former Customer. They must develop the new business in the same manner as would any other new Brand Ambassador.
4.28 - Sponsoring Online
When sponsoring a new Brand Ambassador through the online enrollment process, the sponsor may assist the new applicant in filling out the enrollment materials. However, the applicant must personally review and agree to the online application and agreement, Momentum Business Academy’s Policies and Procedures, and the Momentum Business Academy Compensation Plan. The sponsor may not fill out the online Brand Ambassador Application and Agreement on behalf of the applicant and agree to these materials on behalf of the applicant.
4.29 - Succession
Upon the death or incapacitation of a Brand Ambassador, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, a Brand Ambassador should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever an Momentum Business Academy business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Brand Ambassador’s marketing organization provided the following qualifications are met. The successor(s) must:
Execute a Brand Ambassador Agreement;
Comply with terms and provisions of the Agreement;
Meet all of the qualifications for the deceased Brand Ambassador’s status;
The devisee must provide Momentum Business Academy with an “address of record” to which all bonus and commission checks will be sent;
If the business is bequeathed to joint devisees, they must form a business entity and acquire a Federal Taxpayer Identification Number. Momentum Business Academy will issue all bonus and commission checks and one 1099 to the business entity.
4.29.1 - Transfer Upon Death of a Brand Ambassador
To effect a testamentary transfer of an Momentum Business Academy business, the executor of the estate must provide the following to Momentum Business Academy: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to Momentum Business Academyspecifying to whom the business and income should be transferred.
4.29.2 - Transfer Upon Incapacitation of a Brand Ambassador
To effectuate a transfer of an Momentum Business Academy business because of incapacity, the successor must provide the following to Momentum Business Academy: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the Momentum Business Academy business; and (3) a completed Brand Ambassador Agreement executed by the trustee.
4.30 - Telemarketing Techniques
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although Momentum Business Academy does not consider Brand Ambassadors to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, Brand Ambassadors must not engage in telemarketing in the operation of their Momentum Business Academy businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of an Momentum Business Academy product or service, or to recruit them for the Momentum Business Academy opportunity. “Cold calls" made to prospective customers or Brand Ambassadors that promote either Momentum Business Academy’s products or services or the Momentum Business Academy opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Brand Ambassador (a "prospect") is permissible under the following situations:
If the Brand Ambassador has an established business relationship with the prospect. An “established business relationship” is a relationship between a Brand Ambassador and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the Brand Ambassador, or a financial transaction between the prospect and the Brand Ambassador, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
The prospect’s personal inquiry or application regarding a product or service offered by the Brand Ambassador, within the three (3) months immediately preceding the date of such a call.
If the Brand Ambassador receives written and signed permission from the prospect authorizing the Brand Ambassador to call. The authorization must specify the telephone number(s) which the Brand Ambassador is authorized to call.
You may call family members, personal friends, and acquaintances. An “acquaintance” is someone with whom you have at least a recent first-hand relationship within the preceding three months. Bear in mind, however, that if you engage in “card collecting” with everyone you meet and subsequently call them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice.
Brand Ambassadors shall not use automatic telephone dialing systems or software relative to the operation of their Momentum Business Academy businesses.
Brand Ambassadors shall not place or initiate any outbound telephone call to any person who delivers any pre-recorded message (a "robocall") regarding or relating to the Momentum Business Academy products, services or opportunity.
4.31 - Back Office Access
Momentum Business Academymakes online back offices available to its Brand Ambassadors. Back offices provide Brand Ambassadors access to confidential and proprietary information that may be used solely and exclusively to promote the development of a Brand Ambassador’s Momentum Business Academy business and to increase sales of Momentum Business Academy products. However, access to a back office is a privilege, and not a right. Momentum Business Academy reserves the right to deny Brand Ambassadors’ access to the back office at its sole discretion.
4.32 - Unauthorized Communication
In the excitement and enthusiasm of working his or her Momentum Business Academy business, a Brand Ambassador may attempt to contact the Company’s vendors, suppliers, or advisors with questions or ideas. Any such communication without the Company’s prior written consent is strictly prohibited. Vendors, suppliers, and advisors are often not set up to handle a large volume of contacts. Equally important, we must respect their rights to privacy. Questions regarding any of these Entities may be directed to Field Support.
SECTION 5 - RESPONSIBILITIES OF BRAND AMBASSADORS
5.1 - Change of Address, Telephone, and E-Mail Addresses
To ensure timely delivery of products, support materials, commission, and tax documents, it is important that the Momentum Business Academy’s files are current. Street addresses are required for shipping since UPS and FedEx cannot deliver to a post office box. Brand Ambassadors planning to change their email address or move must send their new address and telephone numbers to Momentum Business Academy’s Corporate Offices to the attention of the Brand Ambassador Services Department. To guarantee proper delivery, two weeks advance notice must be provided to Momentum Business Academyon all changes. In the alternative, a Brand Ambassador’s whose contact information changes may amend their contact information through their Brand Ambassador Back Office.
5.2 - Continuing Development Obligations
5.2.1 - Ongoing Training
Any Brand Ambassador who sponsors another Brand Ambassador into Momentum Business Academy must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her Momentum Business Academy business. Brand Ambassadors must have ongoing contact and communication with the Brand Ambassadors in their Downline Organizations. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline Brand Ambassadors to Momentum Business Academy meetings, training sessions, and other functions. Upline Brand Ambassadors are also responsible to motivate and train new Brand Ambassadors in Momentum Business Academy product knowledge, effective sales techniques, the Momentum Business Academy Compensation Plan, and compliance with Company Policies and Procedures and applicable laws. Communication with and the training of downline Brand Ambassadors must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of Brand Ambassador-produced sales aids and promotional materials).
Brand Ambassadors should monitor the Brand Ambassadors in their Downline Organizations to guard against downline Brand Ambassadors making improper product or business claims, violation of the Policies and Procedures, or engaging in any illegal or inappropriate conduct.
5.2.2 - Increased Training Responsibilities
As Brand Ambassadors progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Momentum Business Academy program. They will be called upon to share this knowledge with lesser experienced Brand Ambassadors within their organization.
5.2.3 - Ongoing Sales Responsibilities
Regardless of their level of achievement, Brand Ambassadors have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
5.2.4 - Reporting Policy Violations
Brand Ambassadors who are aware of a violation of these Policies and Procedures by another Brand Ambassador must submit a written report of the violation directly to the attention of Momentum Business Academy’s Compliance Department by mail or email at compliance@MomentumBusiness.Academy. Details of the incident in question such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report. Any incident reported to the Compliance Department must have supporting documentation such as images, screenshots, text messages, emails, etc.. Any incident reported without proper supporting documentation will not be reviewed.
5.3 - Non Disparagement
Momentum Business Academy wants to provide its independent Brand Ambassadors with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the Customer Support Department at support@MomentumBusiness.Academy. Remember, to best serve you, we must hear from you! While Momentum Business Academy welcomes constructive input, negative comments and remarks made in the field by Brand Ambassadors about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other Momentum Business Ambassadors. For this reason, and to set the proper example for their downline, Brand Ambassadors must not disparage, demean, or make negative remarks about Momentum Business Academy, other Momentum Business Ambassadors, Momentum Business Academy’s products, the Marketing and Compensation plan, or Momentum Business Academy’s directors, officers, or employees.
5.4 - Providing Documentation to Applicants
Brand Ambassadors must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Brand Ambassadors before the applicant signs a Brand Ambassador Agreement, or ensure that they have online access to these materials.
SECTION 6 - SALES REQUIREMENTS
6.1 - Product Sales
The Momentum Business Academy Compensation Plan is based on the sale of Momentum Business Academy products and services to end consumers. Brand Ambassadors must fulfill personal and Downline Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement.
6.2 - No Territory Restrictions
There are no exclusive territories granted to anyone.
6.3 - Sales Receipts
All Brand Ambassadors must provide their retail customers with two copies of an official Momentum Business Academy sales receipt at the time of the sale. These receipts set forth the Customer Satisfaction Guarantee as well as any consumer protection rights afforded by federal or state law. Remember that customers must receive two copies of the sales receipt. In addition, Brand Ambassadors must orally inform the buyer of his or her cancellation rights.
SECTION 7 - BONUSES AND COMMISSIONS
7.1 - Bonus and Commission Qualifications and Accrual
A Brand Ambassador must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as a Brand Ambassador complies with the terms of the Agreement, Momentum Business Academy shall pay commissions to such Brand Ambassador in accordance with the Marketing and Compensation plan. The minimum amount for which Momentum Business Academy will issue a commission is $25. If a Brand Ambassador’s bonuses and commissions do not equal or exceed $25 the Company will accrue the commissions and bonuses until they total $25. Payment will be issued once $25 has been accrued. Notwithstanding the foregoing, all commissions owed a Brand Ambassador, regardless of the amount accrued, will be paid at the end of each fiscal year or upon the termination of a Brand Ambassador’s business.
7.2 - Adjustment to Bonuses and Commissions
7.2.1 - Adjustments for Returned Products
Brand Ambassadors receive bonuses, commissions, or overrides based on the actual sales of products and services to end consumers. When a product is returned to Momentum Business Academy for a refund or is repurchased by the Company, any of the following may occur at the Company’s discretion: (1) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service will be deducted from payments to the Brand Ambassador and upline Brand Ambassadors who received bonuses, commissions, or overrides on the sales of the refunded product(s) in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered; (2) the Brand Ambassador or upline Brand Ambassadors who earned bonuses, commissions, or overrides based on the sale of the returned product(s) will have the corresponding points deducted from their Group Volume in the next month and all subsequent months until it is completely recovered; or (3) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) may be deducted from any refunds or credits to the Brand Ambassador who received the bonuses, commissions, or overrides on the sales of the refunded product(s).
7.2.2 - Hard Copy Commission Checks
SECTION 8 - The Company pays commissions via e-wallet into Brand Ambassadors e-wallet account.
8.1.1 - Tax Withholdings
If a Brand Ambassador fails to provide his or her correct tax identification number, Momentum Business Academy will deduct the necessary withholdings from the Brand Ambassador’s commission checks as required by law.
8.2 - Reports
All information provided by Momentum Business Academy in downline activity reports, including but not limited to personal and group sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human, digital, and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by Momentum Business Academy or any persons creating or transmitting the information.
ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Momentum Business Academy AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY BRAND AMBASSADOR OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF Momentum Business Academy OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, Momentum Business Academy OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of Momentum Business Academy’s online and telephone reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to Momentum Business Academy’s online and telephone reporting services and your reliance upon the information.
SECTION 9 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
9.1 - Product Guarantee
Momentum Business Academy Offers a money back guarantee on products returned within 60 days from the date of sale, less a 10% restocking fee. Products shipped directly to a VIP Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company. Products delivered to a retail customer by a Brand Ambassador must be returned to the selling Brand Ambassador, and it shall be the responsibility of the Brand Ambassador to issue the refund to his or her retail customer. Every Brand Ambassador is bound to honor the retail customer guarantee. If, for any reason, a retail customer is dissatisfied with any Momentum Business Academy product or service, the retail customer may return the unused portion of the product to the Brand Ambassador from whom it was purchased, within 60 days, for a replacement, exchange or a full refund of the purchase price (less shipping costs). This product satisfaction guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable.
If a Brand Ambassador returns more than $47 for a refund in any 12 consecutive month period, the request will constitute the Brand Ambassador’s voluntary termination of his/her Brand Ambassador Agreement, and the refund will be processed as an inventory repurchase pursuant to Section 8.3, and the Brand Ambassador’s Agreement will be terminated and his or her Momentum Business Academy business will be cancelled.
9.2 - Rescission
9.2.1 - Retail Customers
Federal and state law requires that a retail customer who makes a purchase of $25.00 or more has three business days (excluding Sundays and legal holidays) (5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt. When a Brand Ambassador makes a sale or takes an order from a retail customer who cancels or requests a refund within the three business day period, the Brand Ambassador must promptly refund the customer's money as long as the products are returned to the Brand Ambassador in substantially as good condition as when received (five business days for Alaska residents).
9.2.2 - Direct and VIP Customers
Brand Ambassadors notify their Direct and VIP Customers that they have three business days (excluding Sundays and legal holidays) (when operating in the USA,5 business days for Alaska residents and 15 business days in North Dakota for Individuals age 65 and older) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. Brand Ambassadors should also notify their Direct Customers and VIP Customers about these time limits at the time they enroll as a Direct Customer or VIP Customer and place their first order. Products shipped directly to a VIP or Direct Customer by the Company must be returned to the Company and the refund will be issued to the Customer by the Company. Direct and VIP Customers may contact the Company for a “call tag” that will provide return shipping back to the Company at no cost to the Customer.
9.2.3 - Informing Customers
Brand Ambassadors MUST verbally inform their customers (retail, Direct, and VIP) of this right of rescission, they MUST provide their retail customers with TWO copies of a retail receipt at the time of the sale, and MUST point out this cancellation right stated on the receipt. If a Customer places an order online, the Company will provide the Customer with the receipt. Brand Ambassadors must ensure that the date of the order or purchase is entered on the Retail Sales Receipt. All retail customers must be provided with two copies of an official Momentum Business Academy Retail Sales Receipt at the time of the sale. The back of the receipt provides the customer with written notice of his or her rights to cancel the sales agreement.
9.3 - Return of Inventory and Sales Aids by Brand Ambassadors Upon Termination
Upon termination of a Brand Ambassador’s Agreement, the Brand Ambassador may return Starter Kits, products, and sales aids that he or she personally purchased from Momentum Business Academy (purchases from other Brand Ambassadors or third parties are not subject to refund) that are in Resalable (see Definition of “Resalable” below) condition and which have been purchased within one year prior to the date of termination. Upon receipt of a Resalable Starter Kit and/or Resalable products and sales aids, the Brand Ambassador will be reimbursed 90% of the net cost of the original purchase price(s). Neither shipping and handling charges incurred by a Brand Ambassador when the Starter Kit, products or sales aids were purchased, nor return shipping fees, will be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If a Brand Ambassador was paid a commission, rebate, or any other form of compensation based on a product(s) that he or she purchased, and such product(s) is/are subsequently returned for a refund, the commission, rebate, or any other form of compensation that was paid based on that product purchase will be deducted from the amount of the refund.
Products and Sales aids shall be deemed "resalable'' if each of the following elements is satisfied: (1) they are unopened and unused; (2) packaging and labeling has not been altered or damaged; (3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; (4) they are still in Momentum Business Academy’s current inventory; (5) the expiration date(s) for any returned products has not passed; and (6) they are returned to Momentum Business Academy within one year from the date of purchase. Any merchandise that is clearly identified at the time of sale as non returnable, discontinued, or as a seasonal item, shall not be resalable.
8.3.1 Montana Residents
When operational in the USA, a Montana resident may cancel his or her Brand Ambassador Agreement within 15 days from the date of enrollment, and may return his or her Starter Kit for a full refund within such time period.
9.4 - Procedures for All Returns
The following procedures apply to all returns for refund, repurchase, or exchange:
All items must be returned by the Brand Ambassador or customer who purchased it directly from Momentum Business Academy.
All items to be returned must have a Return Authorization Number which is obtained by calling the Brand Ambassador Services Department. This Return Authorization Number must be written on each carton returned.
The return is accompanied by:
o The original packing slip with the completed (and signed Consumer Return information, if applicable);
o The unused portion of the item(s) in its/their original container.
Proper shipping carton(s) and packing materials are to be used in packaging the items(s) being returned, and the best and most economical means of shipping is suggested. All returns must be shipped to Momentum Business Academy shipping pre-paid. Momentum Business Academy does not accept shipping-collect packages. The risk of loss in shipping for returned items shall be on the Brand Ambassador. If the returned items are not received by the Company’s Distribution Center, it is the responsibility of the Brand Ambassador to trace the shipment.
If a Brand Ambassador is returning merchandise to Momentum Business Academy that was returned to him or her by a personal retail customer, the product must be received by Momentum Business Academy within ten (10) days from the date on which the retail customer returned the merchandise to the Brand Ambassador, and must be accompanied by the sales receipt the Brand Ambassador gave to the customer at the time of the sale.
No refund or replacement of any items will be made if the conditions of these rules are not met.
SECTION 10 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
10.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Brand Ambassador that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the Brand Ambassador’s Momentum Business Academy business), may result, at Momentum Business Academy's discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition;
Requiring the Brand Ambassador to take immediate corrective measures;
Imposition of a fine, which may be withheld from bonus and commission checks;
Loss of rights to one or more bonus and commission checks;
Momentum Business Academy may withhold from a Brand Ambassador all or part of the Brand Ambassador’s bonuses and commissions during the period that Momentum Business Academy is investigating any conduct allegedly violative of the Agreement. If a Brand Ambassador’s business is canceled for disciplinary reasons, the Brand Ambassador will not be entitled to recover any commissions withheld during the investigation period;
Suspension of the individual’s Brand Ambassador Agreement for one or more pay periods;
Permanent or temporary loss of, or reduction in, the current and/or lifetime rank of a Brand Ambassador (which may subsequently be re-earned by the Brand Ambassador);
Transfer or removal of some or all of a Brand Ambassador’s downline Brand Ambassadors from the offending Brand Ambassador’s downline organization.
Involuntary termination of the offender’s Brand Ambassador Agreement;
Suspension and/or termination of the offending Brand Ambassador’s Momentum Business Academy website or website access;
Any other measure expressly allowed within any provision of the Agreement or which Momentum Business Academy deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Brand Ambassador’s policy violation or contractual breach;
In situations deemed appropriate by Momentum Business Academy, the Company may institute legal proceedings for monetary and/or equitable relief.
10.2 - Grievances and Complaints
When a Brand Ambassador has a grievance or complaint with another Brand Ambassador regarding any practice or conduct in relationship to their respective Momentum Business Academy businesses, the complaining Brand Ambassador should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's upline sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to the Brand Ambassador Services Department at the Company. The Brand Ambassador Services Department will review the facts and attempt to resolve it.
10.3 - Mediation
Prior to instituting an arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediation shall occur within 60 days from the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorneys’ fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Miami, Florida and shall last no more than two business days.
10.4 - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration. The Parties waive all rights to trial by jury or to any court. The arbitration shall be filed with, and administered by, the American Arbitration Association (“AAA”) or JAMS Endispute (“JAMS”) under their respective rules and procedures. The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org. The Streamlined Arbitration Rules & Procedures are available on the JAMS website at www.jamsadr.com. Copies of AAA’s Commercial Arbitration Rules and Mediation Procedures or JAM’s Streamlined Arbitration Rules & Procedures will also be emailed to Brand Ambassadors upon request to Momentum Business Academy’s ___________ Department.
Notwithstanding the rules of the AAA or JAMS, the following shall apply to all Arbitration actions:
The Federal Rules of Evidence shall apply in all cases;
The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
The arbitration shall occur within 180 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
The Parties shall be allotted equal time to present their respective cases, including cross-examinations.
All arbitration proceedings shall be held in Tampa, Florida. There shall be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The arbitration shall occur within 180 days from the date on which the arbitration is filed, and shall last no more than five business days. The parties shall be allotted equal time to present their respective cases. The decision of the arbitrator shall be final and binding on the parties and may if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the entire arbitration process and shall not disclose to any person not directly involved in the arbitration process:
The substance of, or basis for, the controversy, dispute, or claim;
The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
The terms or amount of any arbitration award;
The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect its intellectual property rights, and/or to enforce its rights under the non-solicitation provision of the Agreement.
10.5 - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Miami Dade County, State of Florida. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Florida shall govern all other matters relating to or arising from the Agreement.
10.5.1 - Louisiana Residents
Notwithstanding the foregoing, and the arbitration provision in Section 9.4, when operating in the USA, residents of the State of Louisiana shall be entitled to bring an action against Momentum Business Academy in their home forum and pursuant to Louisiana law.
SECTION 11 - PAYMENTS
11.1 - Insufficient Funds and Insufficient Credit
All checks returned by a Brand Ambassador’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the Brand Ambassador. After receiving a returned check from a customer or a Brand Ambassador, all future orders must be paid by Credit Card, money order or cashier’s check. Any outstanding balance owed to Momentum Business Academy by a Brand Ambassador for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks. Momentum Business Academy is not obliged to contact you regarding orders that are canceled due to insufficient funds or credit. Brand Ambassadors must be sure that there are sufficient funds or credit available to cover any orders they place.
11.2 - Restrictions on Third Party Use of Credit Cards and Bank Account Access
A Brand Ambassador shall not permit other Brand Ambassadors or Customers to use his or her credit card, or permit debits to his or her checking or savings account, to enroll in or to make purchases from the Company. A Brand Ambassador shall not use the credit card or debit card of a third party, or make debits to the checking or savings account of a third party, to enroll in or to make purchases from the Company.
11.3 - Sales Taxes
Momentum Business Academy is required to charge sales taxes on all purchases made by Brand Ambassadors and Customers, and remit the taxes charged to the respective countries and states. Accordingly, Momentum Business Academy will collect and remit sales taxes on behalf of Brand Ambassadors, based on the suggested retail price of the products, according to applicable tax rates in the state or province or country to which the shipment is destined. If a Brand Ambassador has submitted, and Momentum Business Academy has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the Brand Ambassador (unless the state in question does not accept a Sales Tax Exemption Certificate and Sales Tax Registration License from a direct selling independent contractor). Exemption from the payment of sales tax is applicable only to orders which are shipped to a state for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state. Any sales tax exemption accepted by Momentum Business Academy is not retroactive.
SECTION 12 - INACTIVITY AND TERMINATION
12.1 - Effect of Termination
So long as a Brand Ambassador remains active and complies with the terms of the Brand Ambassador Agreement and these Policies and Procedures, Momentum Business Academy shall pay commissions to such Brand Ambassador in accordance with the Compensation Plan. A Brand Ambassador’s bonuses and commissions constitute the entire consideration for the Brand Ambassador's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following a Brand Ambassador’s non-renewal of his or her Brand Ambassador Agreement, termination for inactivity, or voluntary or involuntary termination of his or her Brand Ambassador Agreement (all of these methods are collectively referred to as “termination”), the former Brand Ambassador shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization. A Brand Ambassador whose business is cancelled will lose all rights as a Brand Ambassador. This includes the right to sell Momentum Business Academy products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Brand Ambassador’s former downline sales organization. In the event of termination, Brand Ambassadors agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization.
Following a Brand Ambassador’s termination of his or her Brand Ambassador Agreement, the former Brand Ambassador shall not hold himself or herself out as an Momentum Business Ambassador and shall not have the right to sell Momentum Business Academy products or services. A Brand Ambassador whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to termination (less any amounts withheld during an investigation preceding an involuntary termination).
12.2 - Termination Due to Inactivity
12.2.1 - Failure to Meet CV Quota
If a Brand Ambassador fails to personally generate at least 40 CV for 12 consecutive months, his or her Brand Ambassador Agreement shall be canceled for inactivity.
12.2.2 - Reclassification Following Termination Due to Inactivity
If a Brand Ambassador is cancelled for inactivity, his or her Brand Ambassador Agreement will be terminated. If he or she is on the Company’s autoship program, the autoship agreement shall remain in force. If the former Brand Ambassador was not on autoship, he or she will be entitled to continue purchasing products directly from the company.
12.3 - Involuntary Termination
A Brand Ambassador’s violation of any of the terms of the Agreement, including any amendments that may be made by Momentum Business Academy in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary termination of his or her Brand Ambassador Agreement. Termination shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the Brand Ambassador’s last known address, email address, or fax number, or to his/her attorney, or when the Brand Ambassador receives actual notice of termination, whichever occurs first.
Momentum Business Academy reserves the right to terminate all Brand Ambassador Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
12.4 - Voluntary Termination
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Termination must be submitted in writing to the Company at its principal business address. The written notice must include the Brand Ambassador’s signature, printed name, address, and Brand Ambassador I.D. Number. In addition to written termination, Brand Ambassadors who have consented to Electronic Contracting will cancel their Brand Ambassador Agreement should they withdraw their consent to contract electronically. If a Brand Ambassador is also on the Autoship program, the Brand Ambassador’s Autoship order shall continue unless the Brand Ambassador also specifically requests that his or her Autoship Agreement also be canceled.
12.5 - Non-renewal
A Brand Ambassador may also voluntarily cancel his or her Brand Ambassador Agreement by failing to renew the Agreement on its anniversary date or by failing to pay his/her annual renewal fee. The Company may also elect not to renew a Brand Ambassador's Agreement upon its anniversary date.
12.6 - Exceptions to Activity Requirements
12.6.1 - Maternity
A pregnant Brand Ambassador shall be exempt from meeting her Personal Volume and Group Volume requirements for a period of three months prior to and four (4) months following the birth of a child. The Brand Ambassador should notify the Brand Ambassador Services Department to request a Maternity Waiver Form.
SECTION 13 - DEFINITIONS
A VIP Customer who purchases Momentum Business Academy products or services during a particular month.
Active Brand Ambassador — A Brand Ambassador who satisfies the minimum Personal Sales Volume requirements, as set forth in the Momentum Business Academy Compensation Plan, to ensure that he or she is eligible to receive bonuses and commissions.
Active Rank — The term “active rank” refers to the current rank of a Brand Ambassador, as determined by the Momentum Business Academy Compensation Plan, for a particular pay period. To be considered “active” relative to a particular rank, a Brand Ambassador must meet the criteria set forth in the Momentum Business Academy Compensation Plan for his or her respective rank. (See the definition of “Rank” below.)
Affiliated Party - A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Business Entity.
Agreement - The contract between the Company and each Brand Ambassador includes the Brand Ambassador Application and Agreement Terms and Conditions, the Momentum Business Academy Policies and Procedures, the Momentum Business Academy Compensation Plan, and the Business Entity Addendum (where appropriate), all in their current form and as amended by Momentum Business Academy in its sole discretion. These documents are collectively referred to as the “Agreement.”
Business Kit — A selection of Momentum Business Academy Training materials and business support literature, and Brand Ambassador replicated the website that each new Independent Marketing Brand may purchase.
Cancel — The termination of a Brand Ambassador’s business. Termination may be either voluntary, involuntary, through non-renewal or inactivity.
Downline — Your downline (or downline organization) consists of the Brand Ambassadors you personally enroll or sponsor (your first level Brand Ambassadors), the Brand Ambassadors that first level Brand Ambassadors enroll or sponsor, as well as the Brand Ambassadors that are subsequently enrolled or sponsored beneath them.
Downline Leg — Each one of the individuals personally enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.
Enroll — The act of introducing a prospective Brand Ambassador to Momentum Business Academy and assisting them to execute a Brand Ambassador Application and Agreement and thereby become an Momentum Business Ambassador. (Also see the definition of “Sponsor.”) These activities are called “enrolling.”
Enroller — The person who enrolls a prospective Brand Ambassador into Momentum Business Academy.
Group Volume — The commissionable value of services and products purchased by the Customers and Brand Ambassadors in the downline of a particular Brand Ambassador.
Immediate Household — Spouses, heads-of-household, and dependent family members residing in the same residence.
Level — The layers of downline Customers and Brand Ambassadors in a particular Brand Ambassador’s downline. This term refers to the relationship of a Brand Ambassador relative to a particular upline Brand Ambassador, determined by the number of Brand Ambassadors between them who are related by sponsorship. For example, if A enrolls B, who enrolls C, who enrolls D, who enrolls E, then E is on A’s fourth level.
Official Momentum Business Academy Material — Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by Momentum Business Academy to Brand Ambassadors.
Personal Volume — The commissionable value of services and products purchased by: (1) a Brand Ambassador; (2) the Brand Ambassador’s personally-enrolled VIP Customers; and (3) the Brand Ambassador’s personal Retail Customers who purchase from the Brand Ambassador’s Momentum Business Academy replicated website.
Rank — The “title” that a Brand Ambassador holds pursuant to the Momentum Business Academy Compensation Plan. “Title Rank” refers to the highest rank a Brand Ambassador has achieved in the Momentum Business Academy compensation plan at any time. “Paid As” rank refers to the rank at which a Brand Ambassador is qualified to earn commissions and bonuses during the current pay period.
Recruit — For purposes of Momentum Business Academy’s Conflict of Interest Policy (Section 4.11), the term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Momentum Business Ambassador or Customer to enroll or participate in another multi level marketing, network marketing or direct sales opportunity.
Registered External Website – A Brand Ambassador’s Momentum Business Academy-approved personal website that is hosted on non-Momentum Business Academy servers and has no official affiliation with Momentum Business Academy.
Replicated Website – A website provided by Momentum Business Academy to Brand Ambassadors which utilizes website templates developed by Momentum Business Academy.
Resalable — Products and Sales aids shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) it is returned to Momentum Business Academy within one year from the date of purchase. Any merchandise that is clearly identified at the time of sale as non returnable, discontinued, or as a seasonal item, shall not be resalable.
Retail Sales – Sales to a Retail Customer.
Social Media - Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, MySpace, Twitter, LinkedIn, Delicious, and YouTube.
Sponsor — A Brand Ambassador who enrolls a Customer or another Brand Ambassador into the Company, and is listed as the Sponsor on the Brand Ambassador Application and Agreement. The act of enrolling others and training them to become Brand Ambassadors is called “sponsoring.”
Upline — This term refers to the Brand Ambassador or Brand Ambassadors above a particular Brand Ambassador in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular Brand Ambassador to the Company.
VIP Customer — An individual who purchases Momentum Business Academy products from or through a Brand Ambassador but who is -- not a participant in the Momentum Business Academy compensation plan OR – neither a participant in the Momentum Business Academy compensation plan nor a VIP Customer.
Notes
1. Every page of a downline activity report should have a header or footer that indicates the confidential nature of the report. For example:
All Brand Ambassador genealogy reports are confidential, proprietary information of Momentum Business Academy, and constitute a business trade secret belonging to Momentum Business Academy. Genealogy reports may only be used in accordance with and for the limited purposes set forth in the Momentum Business Academy Policies and Procedures.
If your printer has the ability to print the header in a different color, like red, it would be a good idea to do so. If not, perhaps you can alter the size or type style of the font (e.g., bold and italics) to draw attention to the clause.
2. You need to implement a procedure to ensure that notice of all modifications of the Policies and Procedures is given to all Brand Ambassadors. Otherwise, any changes that are made will not be enforceable.
3. If you will not require Brand Ambassadors to purchase a Business Kit or Starter Kit, you must ensure that they receive a copy of these Policies and Procedures when they execute a Brand Ambassador Application and Agreement. You should do this upon the completion of the enrollment process. Therefore, you should email the newly-enrolled Brand Ambassador a copy of: (a) the fully executed Application and Agreement; (b) the Terms and Conditions; (c) the Policies and Procedures; and (d) two copies of the receipt if the amount the Brand Ambassador pays is $25.00 or more. You can easily do this with a welcome email (see the sample attached at the end of these Notes). Additionally (and ideally) your system should archive these documents so that you can determine which versions the Brand Ambassador executed.
4. On all forms containing Social Security numbers or credit card purchases (e.g., Brand Ambassador Application, Auto-Ship Agreements, and Order Forms), ensure that only the forms going to the Company contain Social Security numbers or credit card information. The remaining copies should have those boxes “blacked-out.”
5. Ensure that MIS programs the order entry and Auto-Ship screens to check for the existence of the same credit card or checking account.
6. Ensure that MIS programs the new Brand Ambassador screen to check for the existence of the same address.
7. Ensure that MIS programs the system to recapture commissions paid out if products are returned.
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