Affiliate Terms & Policies
1. The Agreement. The term “Agreement” collectively refers to these Terms and Policies, the Ami Wellness Dispute Resolution Policy, the Ami Wellness Compensation Plan, and the Ami Wellness Business Entity Addendum (the Business Entity Addendum is only applicable to Affiliates who enroll as a business entity), in their current form and as may be amended in the future at the Company’s discretion. Independent Affiliates shall be referred to herein as “Affiliates.” Consciously Curated Inc. d/b/a Ami Wellness shall be referred to as “Ami Wellness” or the “Company.” Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
2. Income Taxes. As an independent contractor, you are responsible for paying local, state and federal taxes on any income generated as an Ami Wellness Affiliate. Every year, Ami Wellness 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. To facilitate this reporting, you must provide Ami Wellness with your Social Security Number, Employer Identifi cation Number, or Taxpayer Identifi cation Number as appropriate.
3. Tax ID Verifi cation / Substitute W-9. With respect to the Social Security Number, Employer Identifi cation Number, or Taxpayer Identifi cation Number that you provide to Ami Wellness during the enrollment process, you certify as follows: Under penalty of perjury I certify that:
- The number shown on this on this online enrollment form is my correct taxpayer identifi cation number (or I am waiting for a number to be issued to me);
- I am not subject to backup withholding because: (i) I am exempt from backup withholding, or (ii) I have not been notifi ed by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notifi ed me that I am no longer subject to backup withholding; and
- I am a U.S. citizen or other U.S. person (a U.S. resident alien, a partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, an estate (other than a foreign estate), or a domestic trust (as defi ned in 26 CFR 301.7701-7)).
4. Adherence to the Agreement. Affiliates liates must comply with the Agreement. If you have not yet reviewed the Terms and Policies at the time you execute this Agreement, they are posted in your Affiliate Back-Office. You must review the Terms and Policies within fi ve days from the date on which you execute this Agreement. If you do not agree to the Terms and Policies, your sole recourse is to notify the Company and cancel the Agreement. Failure to cancel constitutes your acceptance of the Terms and Policies. You must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Ami Wellness.
5. Amendments to the Agreement. The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions in each Affiliate’s Back-Office, but amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. If you do not agree to any amendments, your sole recourse is to cancel the Agreement.
6. Affiliates’ Rights. Affiliates:
- Have the right to sell, and solicit orders for, Ami Wellness products in accordance with these Terms and Policies. It is within the exclusive right of Ami Wellness to accept or reject orders submitted by Affiliates;
- Have the right to enroll others as Ami Wellness Affiliates;
- If qualifi ed, have the right to earn commissions pursuant to the Ami Wellness Compensation Plan.
7. Independent Contractor Status. Affiliates are independent contractors and not employees, partners, legal representatives, or franchisees of Ami Wellness. Affiliates are solely responsible for paying all expenses they incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. AFFILIATES SHALL NOT BE TREATED AS AN AMI WELLNESS EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES. Ami Wellness is not responsible for withholding and shall not withhold or deduct FICA, or taxes of any kind from Affiliates’ compensation. Affiliates are not entitled to workers compensation or unemployment security benefi ts of any kind from Ami Wellness. In all written, graphic, or digital material used for Ami Wellness business purposes, Affiliates must represent themselves as a “Ami Wellness™ Independent Affiliate.” In verbal conversations with prospective Affiliates and customers, Affiliates must introduce themselves as an “independent Ami Wellness Affiliate.” Affiliates shall not lead anyone to believe that they are employees of Ami Wellness.
8. Business Entities. A corporation, limited liability company (LLC), partnership or trust (collectively referred to as a “Business Entity”) may apply to be an Ami Wellness Affiliate by submitting an Affiliate Application and Agreement along with a properly completed Business Entity Registration Form. The Business Entity and its shareholders, members, managers, partners, trustees, or other parties with any ownership interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to Ami Wellness, compliance with the Ami Wellness Terms and Policies, and all other obligations to Ami Wellness.
- An individual who has enrolled as an Ami Wellness Affiliate may change his/her status to a Business Entity by submitting a new Ami Wellness Affiliate Agreement and a properly completed Business Entity Addendum.
- A Business Entity may change from one form of Business Entity to another (e.g., from corporation to LLC) by submitting a new Ami Wellness Affiliate Agreement and a properly completed Business Entity Addendum.
- A Business Entity must immediately notify Ami Wellness of the addition or removal of any Affiliated Parties to the Business Entity.
9. Assignment of Rights and Delegation of Duties. Affiliates may not assign any rights under the Agreement without the prior written consent of Ami Wellness. Any attempt to transfer or assign the Agreement without the express written consent of Ami Wellness renders the Agreement voidable at the option of Ami Wellness and may result in termination of the Agreement. If the assets of Ami Wellness, or a controlling ownership interest in Ami Wellness, is transferred to a third party, Ami Wellness may assign its rights and delegate its duties and obligations under the Agreement to such third party as part of the sale or transfer.
10. Waiver. Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.
11. Waiver of Right of Publicity. Affiliates grant Ami Wellness an irrevocable license to reproduce and use their name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums. Affiliates waive all claims for remuneration for such use and all rights to inspect or approve all draft, beta, preliminary, and fi nished material.
12. Minimum Age. Persons under age 18 may not be Affiliates and no Affiliate shall knowingly recruit or sponsor, or attempt to recruit or sponsor, any person under age 18.
13. Severability. If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and refl ects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of an Affiliate against Ami Wellness shall not constitute a defense to Ami Wellness’s enforcement of any term or provision of the Agreement.
14. Term and Renewal of the Agreement. The term of the Agreement is one year from the date of enrollment. An Affiliate may cancel the Agreement at any time and for any reason. Affiliates must renew the Agreement each year and will be required to reaffirm their agreement to the Terms and Policies, the Compensation Plan, and compliance with the company’s guidelines regarding product claims and income claims. An annual renewal fee may be imposed at that time. Affiliates will be reminded of their upcoming renewal through their Back-Offices. At that time, Affiliates may elect to cancel the Agreement. Ami Wellness reserves the right to terminate all Affiliate Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. A participant in this multilevel marketing program has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address or via the Affiliate’s Back-Office.
15. General Conduct. Affiliates shall safeguard and promote the good reputation of Ami Wellness and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices. Affiliates agree that they shall exhibit high moral character in their personal and professional conduct. Affiliates shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this provision, and the following list is not a limitation on the standards of conduct to which Affiliates must adhere pursuant to this section, the following standards specifi cally apply to Affiliates’ activities:
- Deceptive conduct is always prohibited. Affiliates must ensure that their statements are truthful, fair, accurate, and are not misleading;
- If the Agreement is cancelled for any reason, the Affiliate must discontinue using the Ami Wellness name, and all other Ami Wellness intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
- Affiliates may not represent or imply that any state or federal government official, agency, or body has approved or endorses Ami Wellness, its program, or products.
- Affiliates must not engage in any illegal, fraudulent, deceptive, or manipulative conduct in their business or their personal lives that, in the Company’s sole discretion, could damage the Company’s reputation or the culture that exists within the fi eld sales force.
16. Social Media. In addition to meeting all other equirements specifi ed in these Terms & Policies, should an Affiliate utilize any form of social media in connection with her Ami Wellness business, including but not limited to blogs, Facebook, Twitter, LinkedIn, YouTube, or Pinterest, the Affiliate agrees to each of the following:
- Affiliates are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all postings on any social media account that they own, operate, or control.
- Affiliates shall not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, national origin, creed, religion, gender, gender identity, sexual orientation, physical or mental disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
- No product sales or enrollments may occur on or through any social media site. To process sales or enrollments, a social media posting must link only to the Affiliate’s Ami Wellness replicated ebsite, Ami Wellness’s corporate website or an official Ami Wellness corporate social media page.
- Any social media account that is directly or indirectly operated or controlled by an Affiliate that is used to discuss or promote Ami Wellness’s products, or the Ami Wellness opportunity may not link to any website, social media site, or site of any other nature that promotes the products, services, or business program of any direct selling company other than Ami Wellness.
- During the term of this Agreement and for a period of 12 calendar months thereafter, an Affiliate may not use any social media site on which they discuss or promote, or have discussed or promoted, the Ami Wellness business or Ami Wellness’s products to directly or indirectly solicit anyone for another direct selling or network marketing program (collectively, “direct selling”).
- During the term of the Agreement and for 12 calendar months after the cancellation of an Affiliate’s business for any reason, an Affiliate shall not take any action on any social media site on which they discuss or present, or have discussed or presented, Ami Wellness’s products or the Ami Wellness business that may reasonably be foreseen to draw an inquiry from Ami Wellness Affiliates relating to the Affiliate’s other direct selling business activities or products. Violation of this provision shall constitute a violation of the nonsolicitation provision in Policy 28.
- If an Affiliate creates a business page on any social media site that promotes or relates to Ami Wellness, its products, or opportunity, the page may not promote or advertise the products or opportunity of any network marketing business other than Ami Wellness and its products. If the Agreement is cancelled for any reason or if the Affiliate becomes inactive, the Affiliate must deactivate the business page.
- Affiliates shall respect the privacy of other social media users. Affiliates shall not engage in abusive social media practices including but not limited to harvesting or trolling for connections, shaming or bullying others.
17. Affiliate Web Sites and Mobile Applications. Affiliates may not create their own websites or mobile applications to promote their Ami Wellness business or Ami Wellness’s products and services. Official Ami Wellness supplied replicated websites, and Company supplied mobile applications (if applicable) are the only online forum through which Ami Wellness products may be sold and new Ami Wellness Affiliate enrollments may be transacted (prohibited online forums include, but are not limited to, Affiliates’ external websites, online auctions and classifi ed listings).
18. Sales Tools. Affiliates must use only Ami Wellness approved sales aids, advertising, promotional materials, and marketing methods (collectively “Sales Tools”) when promoting the Ami Wellness business or Ami Wellness’s products or services. These materials are available in the Document Library of Affiliate’s Affiliate Back-Office
19. Trademarks and Copyrights. The name “Ami Wellness” and other names and logos as may be adopted by the Company are proprietary trade names, trademarks and service marks of Ami Wellness. The Company grants Affiliates a limited license to use its trademarks and trade names in promotional media for so long as the Affiliate’s Agreement is in effect. Upon cancellation of an Affiliate’s Agreement for any reason, the license shall expire, and the Affiliate shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may an Affiliate use any of Ami Wellness’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address, or in any unapproved Sales Tools. Ami Wellness commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Affiliates, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Affiliates may not record company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium. In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted. Affiliates shall not copy any such materials for their personal or business use without the Company’s prior written approval.
20. Sales Outlets. To support the Company’s direct selling distribution channel and to protect the independent contractor relationship, Affiliates agree that they will not sell Ami Wellness products in any retail outlet, any service-related outlet, any commercial business, any wholesale, warehouse, or discount establishment, or any online retail, auction or buy-sell website (including but not limited to Amazon and eBay). Notwithstanding the foregoing, Affiliates may display Ami Wellness promotional items at such locations.
21. Trade Shows, Expositions, and Other Sales Forums. Affiliates may display and sample Ami Wellness products at trade shows and professional expositions. However, Affiliates may not sell Ami Wellness products at such events. If an Affiliate would like to participate in such an event, the Affiliate must submit a request to participate in the event via his/her Back Office. In general, only one Ami Wellness Affiliate or group of Affiliates is granted approval for any event of this nature. If approval is given, it applies only to event specifi ed and not for future events at the same location or sponsored by the same promoter or organization. Any requests to participate in future events must again be submitted to the Company. Ami Wellness reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products or the Ami Wellness opportunity.
22. Change of Sponsor. As a general rule, Affiliates may not change their Sponsors (the Affiliates under whom they are enrolled). The only means by which an Affiliate may legitimately change his/her Sponsor are by:
- Voluntarily canceling the Agreement in writing and remaining inactive for six (6) full calendar months. Following the six-calendar month period of inactivity, the former Affiliate may reapply under a new Sponsor. The Company reserves the right to waive the six-month waiting period at its discretion upon the showing of substantiated extenuating circumstances by the Affiliate seeking to change Sponsor. The Affiliate will lose all rights to his/her former downline organization upon his/her cancellation.
23. Waiver of Claims. In cases wherein an Affiliate improperly changes his/her Sponsor, Ami Wellness reserves the sole and exclusive right to determine the fi nal disposition of the downline organization that was developed by the Affiliate in his/her second line of sponsorship. AFFILIATES WAIVE ANY AND ALL CLAIMS AGAINST AMI WELLNESS, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM AMI WELLNESS’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN AFFILIATE WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR.
24. Product Claims. Affiliates must not make claims, including but not limited to testimonials, about Ami Wellness’s products or services that are not contained in official Ami Wellness literature or posted on Ami Wellness’s official website. Under no circumstances shall any Affiliate state or imply that any Ami Wellness product is useful in the diagnosis, treatment, cure, or prevention of any disease, illness, injury, or other medical condition.
25. Income Claims. When presenting or discussing the Ami Wellness opportunity or Compensation Plan to a prospective Affiliate, Affiliates may not make income projections, income claims, income testimonials, or disclose their Ami Wellness income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other Ami Wellness Affiliate. Nor may Affiliates make “lifestyle” income claims. A “lifestyle” income claim is a statement or depiction that infers or states that the Affiliate is able to enjoy a luxurious or successful lifestyle due to the income they earn from their Ami Wellness business. Examples of prohibited lifestyle claims include, but are not limited to, the following types of representations:
- That an Affiliate (or his/her spouse) was able to quit his/her job.
- That an Affiliate was able to replace his/her income from a job.
- That an Affiliate was able to pay for a child’s private school or college education due to her Ami Wellness earnings.
- That an Affiliate was able to acquire expensive or luxury material possessions (e.g., homes, cars, jewelry, boats, recreational vehicles, etc.).
- That as a result of his/her Ami Wellness earnings a Stylist was able to travel to exotic or expensive destinations. The foregoing income claims restrictions apply to in-person presentations as well as promotional materials distributed by an Affiliate including social media postings.
26. Compensation Plan and Program Claims. When presenting or discussing the Ami Wellness compensation plan, you must make it clear to prospects that fi nancial success in Ami Wellness 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, but are not limited to:
- 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.
- All you have to do is buy your products every month. The above are just examples of improper representations about the compensation plan and the Company’s program. 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 Affiliate without commitment, effort, and sales skill.
27. Media Inquiries. Affiliates must not interact with the media regarding the Ami Wellness business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to the Ami Wellness marketing department.
28. Nonsolicitation. Ami Wellness Affiliates are free to participate in other network marketing programs. However, during the term of this Agreement and for one year thereafter, except for an Affiliate’s personally sponsored downline Affiliates, an Affiliate may not directly or indirectly Recruit other Ami Wellness Affiliates for any other network marketing business. The term “Recruit” means the direct or indirect, actual or attempted, sponsorship, solicitation, enrollment, encouragement, or effort to infl uence in any other way, another Ami Wellness Affiliate to enroll or participate in another network marketing opportunity. This conduct constitutes Recruiting even if the Affiliate’s actions are in response to an inquiry made by another Affiliate or customer. If an Affiliate is engaged in another network marketing program, it is the responsibility of the Affiliate to ensure that his or her Ami Wellness business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. To this end, the Affiliate must not:
- Display Ami Wellness promotional material, sales aids, or products with or in the same location as, any non-Ami Wellness promotional material or sales aids, products or services (Pinterest and similar social media sites are exempt from this provision).
- Offer the Ami Wellness opportunity, products or services to prospective or existing customers or Affiliates in conjunction with any non-Ami Wellness program, opportunity or products.
- Offer, discuss, or display any non-Ami Wellness opportunity, products, services or opportunity at any Ami Wellness-related trunk-show, meeting, seminar, convention, webinar, teleconference, or other function.
29. Confi dential Information. “Confi dential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to Ami Wellness Affiliates and/or customers: (a) that is contained in or derived from any Affiliates’ respective Affiliate Back-Office; (b) that is derived from any reports issued by Ami Wellness to Affiliates to assist them in operating and managing their Ami Wellness business; and/or (c) to which an Affiliate would not have access or would not have acquired but for his/her Affiliation with Ami Wellness. Confi dential Information constitutes proprietary business trade secrets belonging exclusively to Ami Wellness and is provided to Affiliates in strict confi dence. Confi dential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Affiliate’s use in building and managing his/her Independent Ami Wellness business.
30. Handling Personal Information. If you receive Personal Information from or about prospective Affiliates or customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information is information that identifi es, or permits you to contact, an individual. It includes a customer’s, potential customers, Affiliates and prospective Affiliates’ name, address, email address, phone number, credit card information, social security or tax identifi cation number and other information associated with these details.
31. Product Inventory & Bonus Buying. Affiliates may not carry an inventory of Ami Wellness products for resale. All products are direct shipped from the Company to the customer. In addition, bonus buying is strictly prohibited. Bonus buying is the purchase of merchandise for any reason other than bona fi de personal/family use or for sales promotion (e.g., sampling). Bonus buying also includes any mechanism or artifi ce to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fi de product purchases by end user consumers for actual use.
32. Limitations on Affiliate and Household Businesses. Affiliates may own, operate, control, or have an interest in, only one Ami Wellness business. There may be no more than two Ami Wellness businesses per household. If there are two businesses in the household, both businesses must have the same Sponsor, or one Household Business must be the immediate Sponsor of the other Household business. A “household” is defi ned as spouses or couples, and dependent children of one or both spouses or couples, living in the same home of the spouses or member of the couple, as well as dependent children of either spouse or member of the couple, while attending school away from home.
33. Actions of Third Parties. If a third party acting on behalf of, or with the active or passive assistance or knowledge of an Affiliate engages in conduct that would be a violation of the Agreement, the conduct of the thirdparty may be imputed to the Affiliate. “Knowledge” of misconduct is not limited to actual knowledge. If an Affiliate engages in acts or omissions that the Affiliate knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the Affiliate, the Affiliate shall be deemed to have knowledge of the violation.
34. Tampering with Product Packaging. Ami Wellness products must be sold in their original packaging. Affiliates shall not alter the original packaging or labeling.
35. Negative Comments. Complaints and concerns about Ami Wellness should be directed to the Customer Service Department. Affiliates must not disparage, demean, or make negative remarks to third parties or other Affiliates about Ami Wellness, its owners, officers, directors, management, employees, other Ami Wellness Affiliates, or the Compensation Plan. Disputes or disagreements between any Affiliate and Ami Wellness shall be resolved through the dispute resolution process, and the Company and Affiliates agree specifi cally not to demean, discredit, or criticize one another on the Internet or any other public forum. As with the violation or breach of any other term of policy contained in these Terms and Policies, the violation of this policy may result, at the discretion of Ami Wellness, in the involuntary termination of the offender’s Affiliate Agreement.
36. Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to Ami Wellness for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company from the Affiliates who were paid commissions or bonuses based on the original sales of such products. Such unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs and continuing every pay period thereafter until the commissions are fully recovered from the selling Affiliate and upline Affiliates who received bonuses and commissions on the sales of the refunded products. Ami Wellness reserves the right to withhold or reduce any Affiliate’s compensation as it deems necessary to comply with any garnishment or court order directing Ami Wellness to retain, hold, or redirect such compensation to a third party.
37. Return of Merchandise and Sales Aids by Affiliates Upon Cancellation or Termination. Within 30 days from the cancellation or termination of an Affiliate’s Agreement, the Affiliate may return products and Sales Tools that he or she personally purchased from Ami Wellness during the 12-month period preceding the date of cancellation or termination for a refund so long as the goods are in currently marketable condition. (The one-year limitation shall not apply to residents of Georgia, Louisiana, Maryland, Massachusetts and Wyoming and Puerto Rico). Upon the Company’s timely receipt of returned goods and confi rmation that they are in currently marketable condition, the Affiliate will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are in “currently marketable condition” if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identifi ed at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item, or which has passed it commercially reasonable usable or shelf-life, is not in currently marketable condition. Back-Office and Replicated website fees are not refundable except as may be required under applicable state law.
38. Montana Residents: A Montana resident may cancel his or her Affiliate Agreement within 15 days from the date on which this application is submitted and may return his or her sales kit within such time and is entitled to a full refund for the sales kit and for any other consideration he/she paid within such time period to participate in the program.
39. Louisiana, Massachusetts and Wyoming Residents: If you cancel your Affiliate Agreement, upon receipt of your written request, Ami Wellness will refund 90% of the costs you have incurred to participate in the program during the current year.
40. Maryland Residents: A participant may cancel the contract for any reason within 3 months after the date of receipt of goods or services fi rst ordered; upon cancellation, the Company shall repurchase the goods; and the repurchase price shall be at least 90% of the original price paid by the participant.
41. Satisfaction Promise. If you’re not completely happy with your Ami Wellness purchase, you may return your item(s) for a refund within 30 days for a full refund (less shipping). This satisfaction promise is not applicable to items returned empty, sale items, display items and business supplies and starter kits.
42. Other Purchase Cancellation Rights. Customers, Preferred Customers and newly enrolled Associates have three business days within which to cancel their initial purchase and obtain a full refund. Residents of Alaska have fi ve business days and residents of North Dakota age 65 and over have 15 days to cancel and receive a full refund. An explanation of these rights is contained on the sales receipt.
43. Cancellation, Suspension, or Termination of the Agreement; Disciplinary Sanctions.
- Voluntary Cancellation. A participant in this network-marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or by cancelling his/her business through the Affiliate Back-Office. The written notice must include the Affiliate’s signature, printed name, address, and Affiliate I.D. Number. If an Affiliate is also on the autoship program, the Affiliate’s autoship order shall continue unless the Affiliate also specifi cally requests that his or her customer autoship Agreement also be canceled. An Affiliate may also voluntarily cancel the Agreement by failing to pay the monthly Affiliate Replicated Website fee or by withdrawing consent to contract electronically.
- Cancellation for Inactivity. If an Affiliate fails to earn a commission for six consecutive months, his/her Affiliate Agreement and Ami Wellness business will be cancelled for inactivity. If an Affiliate is also on the customer autoship, the Affiliate’s autoship order shall continue unless the Affiliate also specifi cally requests that his or her autoship order also be canceled. The buyer shall then be classifi ed as a retail customer.
- Suspension or Cancellation for Non-Payment. An Affiliate’s failure to pay any required annual renewal fee or monthly Replicated Website or Back-Office fees when due may result, at the company’s discretion, in the suspension or termination of the Agreement. In the event any such fees remain unpaid for 60 days, the Agreement shall be automatically terminated.
- Involuntary Cancellation/Termination; Disciplinary Sanctions. Violation of any term of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Affiliate that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of this Agreement, and/or any other disciplinary measure that Ami Wellness deems appropriate to address the misconduct. In situations deemed appropriate by Ami Wellness, the Company may institute legal proceedings for monetary and/or equitable relief, subject to the Dispute Resolution Policy at policy 52.
- Effect of Cancellation. An Affiliate whose business is cancelled for any reason will lose all Affiliate rights, benefi ts and privileges. This includes the right to represent yourself as an Independent Ami Wellness Affiliate, to sell Ami Wellness products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Affiliate and the Affiliate’s former downline sales organization. There is no whole or partial refund for tangible sales kits that are not currently marketable, Affiliate Back-Office fees, replicated website fees, or renewal fees if an Affiliate’s business is cancelled.
44. Indemnifi cation. Affiliates agree to indemnify Ami Wellness for any and all costs, expenses, consumer reimbursements, fi nes, sanctions, damages, settlements or payments of any other nature that Ami Wellness incurs resulting from or relating to any act or omission by Affiliate that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. Ami Wellness may elect to exercise its indemnifi cation rights through withholding any compensation due the Affiliate. This right of setoff shall not constitute Ami Wellness’s exclusive means of recovering or collecting funds due Ami Wellness pursuant to its right to indemnifi cation.
45. Business Transfers. Affiliates in good standing who wish to sell or transfer their business must receive Ami Wellness’s prior written approval before the business may be transferred. Requests to transfer a business must be submitted in writing to the Compliance Department. It is within Ami Wellness’s discretion whether to allow a business sale or transfer, but such authorization shall not be unreasonably withheld. However, no business that is on disciplinary probation, suspension, or under disciplinary investigation may be transferred unless and until the disciplinary matter is resolved. Prior to transferring a business to a third party, the Affiliate must offer Ami Wellness the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten days to exercise its right of fi rst refusal.
46. Transfer Upon an Affiliate’s Death. Upon the death of an Affiliate, the Affiliate’s Ami Wellness business and may be passed to his/her heirs. Prior to such transfer, the benefi ciary of the business must provide Ami Wellness with certifi ed letters testamentary or certifi ed letters of administration and written instructions of the executor/administrator of the estate, or an order of the court, that provides direction on the proper disposition of the business. The benefi ciary must also execute and submit to the Company an Ami Wellness Affiliate Agreement within 30 days from the date on which the business is transferred by the estate to the benefi ciary or the business will be cancelled. Because Ami Wellness cannot divide commissions among multiple benefi ciaries or transferees, the benefi ciaries or transferees must form a business entity (corporation, LLC, partnership, etc.) and submit an Ami Wellness Affiliate Agreement in the name of the business entity. Upon the completion of these requirements, Ami Wellness will transfer the business and issue commissions to the individual benefi ciary or business entity.
47. Business Distribution Upon Divorce. Ami Wellness is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. Ami Wellness will recognize as the owner of the business the former spouse to whom the business is awarded pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the Ami Wellness business must also execute and submit an Ami Wellness Affiliate Agreement within 30 days from the date on which the divorce becomes fi nal or the business will be cancelled. The spouse who did not receive the business may enroll as an Affiliate without waiting six months.
48. Dissolution of a Business Entity. Ami Wellness is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, if a business entity that operates an Ami Wellness business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The Ami Wellness business must be awarded to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. If the business entity wishes to sell or transfer its Ami Wellness business, it must do so pursuant to policy 45. In addition, the recipient of the Ami Wellness business must also execute and submit an Ami Wellness Affiliate Agreement to the Company within 30 days from the date of the dissolution of the business entity or the Agreement will be cancelled.
49. Inducing Affiliates to Violate the Agreement. Affiliates shall not directly or indirectly induce, encourage, or assist another Affiliate to violate the Agreement.
50. Reporting Errors. If an Affiliate believes that Ami Wellness has made an error in his/her compensation, the structure or organization of his/her genealogy, or any other error that impacts the Affiliate’s income, he/she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While Ami Wellness shall use its best efforts to correct errors reported more than 60 days after the date of the error, Ami Wellness shall not be responsible to make changes or remunerate Affiliates for losses for mistakes that are reported more than 60 days after the mistake occurs.
51. International Activities. Affiliates may not sell Ami Wellness products or conduct business activities of any nature in any foreign country that the Company has not announced is officially open for business.
52. Dispute Resolution. If a dispute arises between an Affiliate and Ami Wellness relating to the Agreement, the Ami Wellness business, or the rights and obligations of either party, the parties shall resolve the dispute as set forth in the Ami Wellness Arbitration and Dispute Resolution Policies, which are incorporated into and made a part of these Terms and Policies by this reference.