Terms and Conditions
INDEPENDENT NUTRITIONAL CONSULTANT AFFILIATE TERMS AND CONDITIONS
I am of legal age in the state of my residency. I agree that I am an independent contractor responsible for determining my own business activities and not an agent or employee of Bello Holdings DBA The CHIOMA Co, herein referred to as the ‘COMPANY’. I am responsible for the payment of all federal and state self-employment taxes and any other tax including sales tax that may be required under federal, state or regulating taxing agency. I understand that this position does not constitute the sale of a franchise or of a distributorship and that an enrollment fee of $49.95 in US dollars is required for me to participate as an Independent Distributor of the COMPANY. Currently, this enrollment fee is waived for new program members. I further acknowledge and understand that the purchase of product is optional and is not required of me in order to participate as an Independent Distributor of the COMPANY.
I agree that as a Bello Holdings (also referred to as COMPANY) Independent Nutritional Consultant (also referred to as ID), I shall place primary emphasis upon the promotion and support for the stated goals of the COMPANY and the solicitation of non-ID individuals, businesses and organizations as customers. ID agrees to distribute over 50% of his/her personal purchases (over and above personal usage) to customers who are not IDs and to submit proof of such sales upon request by COMPANY. IDs residing in the states of Maine, North Dakota, Michigan, Indiana, Iowa and West Virginia are limited to $495 in initial purchases from the COMPANY during the first six months of ID status. Permissible ID purchases shall be automatically modified to comply with the exemption requirements set forth in any state s laws regulating business opportunities, should such apply. In presenting COMPANY s stated vision and mission I agree that such presentations shall be strictly according to the following format and that I will be terminated as an ID if I fail to do so.
In each presentation given by the ID the prospect shall be directly informed that an enrollment fee of $29.95 in US dollars will be charged by the COMPANY to become an ID of the COMPANY and that its explicit purpose is to emulate the foundational principles of the COMPANY.
I have carefully read, understood and agree to comply with the COMPANY s Terms and Conditions and Policies and Procedures. I further agree and understand that the COMPANY s Policies and Procedures are a binding part of this agreement. I understand that I must be in good standing and not in violation of any of the terms of this agreement in order to be eligible to receive any bonuses or commissions for the COMPANY. The continuation of my COMPANY Independent Distributorship or my acceptance of bonuses or commissions shall constitute my acceptance of the Terms and Conditions, the Policies and Procedures and any and all amendments pertaining to both.
In order to maintain a viable Marketing Program and to comply with the changes to federal, state and local laws and economic conditions, the COMPANY may provide additional Terms and Conditions for IDs from time to time, as well as to modify its ID Compensation Program and Policies and Procedures. Such additional Terms and Conditions, Policies and Procedures and Referral Award Plan modifications, and all changes thereto, shall become a binding part of this Agreement upon publication on the official COMPANY website or other official COMPANY publications.
I understand that no Attorney General or other regulatory authority ever registers or reviews, endorses or approves any product, compensation program or COMPANY, and I will make no such claim to others.
I understand that none of the COMPANY s products have been approved by the U.S. Food and Drug Administration (FDA) and the COMPANY has not made any claims that any of its products prevent, mitigate or treat any medical condition nor will they offer any therapeutic value. In addition, none of the COMPANY s products have been approved by the FDA for cessation (quit smoking) purposes. I agree to make no claims, implications or promises whatsoever verbally, in written form or through any sort of advertising that any of the COMPANY s products can be used for cessation purposes or can be used to prevent, mitigate or treat, or prevent any medical condition or shall they be used for any therapeutic purpose or value. I further agree that I will not market or sell the COMPANY s products to anyone under the legal age of smoking as defined by their state of legal residence or
country. Inaddition,IunderstandthatImustverifythatmyenrolleesareofthelegalageofsmokingin theirstateofresidency. IalsoagreethatIwillnotmakeanyclaims,statements,orrepresentationsabout the COMPANY s products that are not found on the COMPANY s websites or official marketing materials, or are not specifically approved by the COMPANY. I agree to indemnify the COMPANY
F. G. H.
N. O. P. Q. R.
and hold it harmless in the event I make any such unapproved statements that result in government investigation, government or private litigation, claims, regulatory action, or any other adverse event relating to the COMPANY or its products.
I understand that my position can be inherited or bequeathed, but cannot be transferred or assigned during my lifetime without written consent of the COMPANY, which consent will not be unreasonably withheld. The COMPANY may charge a $1000.00 transfer fee.
This Agreement shall be in effect upon its receipt and acceptance by the COMPANY at its Irvine, California offices either in written form, by mail or fax transmission or through the COMPANY s website by clicking the Terms and Conditions tab to confirm agreement.
I am responsible for supervising and supporting the IDs I refer or enroll into the program and in my commissionable down-line. I agree to maintain monthly communication and support to these IDs in my commissionable down-line by the way of any of the following or combination thereof: Personal contact, telephone communication, written communication and attendance at ID meetings.
As an ID of the COMPANY, I will be provided a personalized, replicated website and a welcome kit that includes basic tools to help in my capacity as an ID. COMPANY provides the following fulfillment to its IDs: Optional promotional materials fulfilled and shipped within sixty days of receipt of order and clearance of funds, subject to availability of items ordered. Payment terms on ID promotional material purchases and optional wholesale purchases are as follows: personal check, e- check, money order or major credit card with order. Commissions are payable to IDs according to the current Compensation Plan which is incorporated herein by reference. COMPANY will provide one year of optional, web-based, back office administration to all IDs for the first twelve months of their ID status. I agree to pay an annual renewal fee of $29.95 in US dollars to continue my status as an ID in good standing with the COMPANY. This fee will cover my renewal fee and also pay for my replicated website for the next 12 month period.
I will not make false, misleading or disparaging statements about the COMPANY, its employees or founders, the compensation plan, ID positions or the COMPANY mission and vision. Display of commission checks, the making of income projections and use of income testimonials to prospective IDs is strictly prohibited. I will conduct myself as an ID in a courteous, fair and ethical manner.
Change of original enroller is not permitted. ID and customer lists and names are owned by the COMPANY and may never be used for any commercial or business purpose without prior written consent of the COMPANY.
I understand that promotional products purchased from the COMPANY could be manufactured and shipped from various locations worldwide and I accept shipping delays beyond the control of the COMPANY. COMPANY will make its best effort to have all paid-in-full orders shipped within sixty days from the date of order and payment.
I understand that any return of product in my down-line or customer base may result in a charge back against commissions or bonuses paid to me by the COMPANY.
I authorize the COMPANY to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
I agree that I will be solely responsible for paying expenses incurred by myself, including but not limited to travel, food, lodging, secretarial office, telephone, cell phone and other expenses.
I give permission to the company to contact me by email or text messaging for reasons including, but not limited to COMPANY announcements, bonus programs and promotions, changes in policy, etc.
I understand that the company may charge me a check fee of $2.95 for any payment made to me by company check or by wire transfer or by direct deposit. I further understand that the company implements a minimum check amount of at least $20.00 before a payment will be made to me.
I understand and agree that I will not solicit another inLife Independent Distributor or entity to join another network marketing opportunity offered by another company during the term of my inLife Independent Distributorship and for a period of one year after. Violation of this company policy may result in immediate termination. In addition, I may be subject to injunctive relief including possible civil penalties and monetary damages for engaging in such conduct.
I understand that the COMPANY provides me with a replicated website for the promotion of my inLife business. I agree that I will not use the replicated website for any purpose other than the promotion of my inLife Independent Distributorship. I further understand and agree that I will not use the inLife name, logo, pictures or trademarks as part of a website or URL that I either own or am associated with. In addition, I agree not to use the COMPANY name, logo, pictures, trademarks or any of the COMPANY s published written content to optimize any other website position in a search engine search (other than the COMPANY provided replicated website). I further understand that doing any of the above may cause financial harm to the COMPANY which may result in me being required to pay
damages to the COMPANY for such actions and may also result in termination of my status as an ID of the COMPANY.
I understand and agree that I will not market or promote any outside service or product to any other COMPANY IDs. These include but are not limited to internet capture pages, and sales leads. It is further understood that in the course of my status as an ID of the COMPANY, I may produce marketing tools to assist my downline organization to grow their COMPANY Independent Distributorship. In doing so, I agree that such marketing tools must first be approved by the COMPANY in writing and I will not charge for any such marketing tools at any time. Further to this, I understand that although I am allowed to conduct independent training events for the COMPANY, I may charge an admission fee for such events, however I will not charge more than necessary to cover my expenses and will not make a profit in doing so.
I understand that if I fail to comply with the terms of this agreement or Policies and Procedures of the COMPANY or any part of this agreement, the COMPANY, at its discretion, may terminate my Independent Distributorship or impose upon me other disciplinary action, including but not limited to, forfeiture of bonuses and commission, loss of all or part of my down-line marketing organization or customer base list. If I am in breach, default or violation of the agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales of such bonuses or commissions have been completed. If this agreement is terminated for any reason, I will forever lose my rights as an ID, including rights to my down-line marketing organization and customer base list, and rights to compensation pursuant to the COMPANY s Marketing and Compensation Plan. If I wish to disassociate myself with the COMPANY and cancel my Independent Distributorship, I may not be eligible to rejoin the company for a period of 12 (twelve) months.
This Agreement is governed under the Laws of the State of Texas. The Parties agree that any claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association with arbitration to be held in Dallas, Texas.
The term of this agreement is one year (subject to prior cancellation as provided in the Terms and Conditions and Policies and Procedures). If I fail to annually renew my CHIOMA Independent Nutritional Consultant membership, or if it is cancelled or terminated for any reason, I understand that I will permanently lose all rights as an ID. I shall not be eligible to sell the COMPANY s products and/or services, nor shall I be eligible to receive royalties, bonuses or other income resulting for the activities of my former down-line sales organization or customer base list. In the event of cancellation, termination or non- renewal, I waive all rights I have, including but not limited to property rights, to my former down-line organization or customer base list and customer base list and to any bonuses, commissions or other remuneration derived through the sale sand other activities of my former down-line organization and customer base list. The COMPANY reserves the right to terminate all Distributor 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. IDs MAY CANCEL THIS AGREEMENT AT ANY TIME, AND FOR ANY REASON, UPON WRITTEN NOTICE TO THE COMPANY.
Cancellation notice as it pertains to a refund of my enrollment fee, product purchases and marketing materials purchases: I understand that I may cancel my enrollment fee transaction, without penalty or obligation, for a full refund, within ten (10) business days from the date of this Agreement, exclusive of the date of signing or if processed electronically the date this Agreement is submitted to inLife for processing. I understand that if I cancel after the ten (10) day period, I am not entitled to a full refund. This limitation is not applicable in Georgia or if superseded by any state law. If I cancel within the ten (10) business days from the date of this Agreement, any payments made by me under this Agreement and any instrument executed by me will be returned within ten (10) business days following receipt by COMPANY of my Cancellation Notice. To cancel this Agreement, I must mail, via registered or certified mail, return receipt requested, or deliver personally with proof of signed receipt to inLife a signed, dated copy of a Notice of Cancellation, or send a telegram to: The CHIOMA Co. 2351 W. Northwest Highway Ste 1201, Dallas Texas 75220.
I understand that, due to the nature of the The CHIOMA Co Compensation Plan, all product purchases or larger are subject to a 25% cancellation fee. Product returns and returns of marketing materials may be subject to a 10% restocking fee at the sole discretion of the COMPANY. I further understand that product may not be returned for credit if it is opened from its original, sealed packaging or if it is past its shelf life unless the COMPANY allows otherwise. I also agree that any request for return of goods must first be approved by the COMPANY prior to its return and all shipping charges for the return of goods must be prepaid by me for delivery back to the COMPANY. Credits against a return will not include any shipping and handling charges that were paid by me when I originally purchased the goods.
It is also agreed that due to the controversial nature of CHIOMA products and dietary supplements, I understand that as an ID, there are inherent risks in conducting business and I will not hold the Company liable for actions that may occur outside of the control of the Company. I understand that if any such actions occur, none of the CHIOMA product in my possession, whether gained through purchase or otherwise, will be eligible for refund or return. These actions include, but are not limited to, governmental intervention (foreign or domestic), media reports regarding our products or similar products offered in the market place, acts of nature, acts of war, acts of conflict or trade dispute. Furthermore, I understand that, under the actions listed above, no inLife marketing or promotional products in my possession will be eligible for return or refund.
It is understood and agreed by you that you will not use your credit card in any way that is contrary to the laws of the United States or the United Kingdom. You further agree that your use of your credit card relative to conducting any business with the COMPANY or purchasing any product or services binds you to the agreement between you and your credit card holder and the laws that are applicable for credit card use in the United States and the United Kingdom.
In order to maintain a viable marketing program COMPANY reserves the right to enforce a stop-loss mechanism that prohibits commission payouts from exceeding eighty percent (80%) of the Matrix allocated revenues received within a weekly commission period. Non-internet accessible literature and sales aids and promotional products are subject to return and 90% refund within 30 days of purchase. (1 year in New Mexico, and Montana; purchases within 1 year prior to termination of ID status in Wyoming; no time limitation in Massachusetts as to Wholesale Purchase made for commission qualification.)
I understand that failure to comply with the above COMPANY Terms and Conditions and Policies and Procedures may result in the termination of Agreement and/or the COMPANY s Terms and Conditions and Policies and Procedures, the COMPANY may suspend my ID status and any payments due to me may be escrowed until final resolution has been achieved. I acknowledge that in the event of my violation of this Agreement and/or the COMPANY s Terms and Conditions and/or Policies and Procedures, my ID rights may be terminated without further commission or payments of any kind.
I agree to indemnify and hold the COMPANY, its directors, officers or employees harmless from any and all claims, damages or expenses (including attorney fees) that may arise out of my actions or conduct in violation of this Agreement.
I acknowledge the COMPANY S Compensation Program is based on current products and is subject to change without notice.
© Bello Holdings LLC DBA CHIOMA. All rights reserved.
Policies and Procedures
Policies and Procedures, The Compensation Plan, and the Terms and Conditions are Incorporated into Distributor Agreement:
These Policies and Procedures as presented here and as amended from time to time at the sole discretion of inLife, LLC (hereafter inLife or the COMPANY ), are incorporated into, and form an integral part of, the inLife Distributor Agreement, Compensation Plan and Terms and Conditions. Throughout these Policies and Procedures, when the term Agreement is used, it collectively refers to the CHIOMA Distributor Application, the CHIOMA Policies and Procedures, The CHIOMA Compensation Plan and the CHIOMA Terms and Conditions.
It is the responsibility of each Independent Consultant to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures. When enrolling a new Independent Distributor, it is the responsibility of the enrolling Independent Distributor to provide the most current version of these Policies and Procedures, the CHIOMA Terms and Conditions and the inLife Marketing and Compensation Plan to the applicant prior to his or her execution of the Distributor Agreement. Bello Holdings LLC DBA CHIOMA reserves the right to change these Policies and Procedures, Terms and Conditions, Compensation Plan and Marketing Policy at any time.
The COMPANY conducts business in an ethical and credible manner and requires its Independent Distributors to deal ethically with their customers, with each other and with the COMPANY. The COMPANY permits no unethical or illegal activity and will intercede when such behavior may exist, and the COMPANY reserves the right to use its best judgment in deciding whether certain Independent Distributor activities are unethical. Furthermore, the COMPANY may use its own discretion in determining the appropriate course of action. If the COMPANY determines that unethical activities may exist, then it reserves the right to suspend or terminate Independent Distributor status, including but not limited to all commissions and payments of any kind. Under no circumstances is an Independent Distributor who is terminated for unethical or illegal activity entitled to a refund of their renewal fee, nor are they entitled to sell or transfer their position.
Examples of unethical behavior include but are not limited to the following:
A. Making any false or misleading remarks, statements, innuendos or rumors that may disparage the COMPANY, its products or services, its compensation plan, its employees, its founders or another COMPANY Independent Distributor
B. MakinganymedicalorhomeopathicortherapeuticclaimsabouttheCOMPANY s products. Note: I am allowed to make a homeopathic claim regarding the product inFocus relative only to the statements that are made within our company website regarding this particular product.
C. MakingtheclaimtheCOMPANY sproductscanbeusedasasmokingcessationdevice
D. MakinganyclaimregardingtheCOMPANY sproductsthatarenotfoundonthe COMPANY s current websites or official, current marketing material
E. Makingunapprovedincomeclaimsorrevealingtheamountofincomeyouareorhave received through the COMPANY or other network marketing opportunities that you may or may not have been involved in currently or previously
F. Re-labeling, altering in any way or repackaging any of the COMPANY s products The COMPANY s products are to be sold in their original packaging only
G. Directlyorindirectlydisclosinganyinformationinyourbackofficetoathirdpartyother than an official COMPANY authorized employee for the purpose of assisting you with a specific issue that is related to your inLife Independent Distributorship
H. Useanyoftheinformationinyourbackofficeoractivityreportinamannertoinfluence another inLife Independent Distributor to alter their relationship with the Company in any way
- Use the information in your back office or activity report to compete with the COMPANY in any way
- Providing, selling or revealing any customer lists and/or their contact information that appears in your activity report or downline report to a third party. This includes the customer lists and/or their contact information that belongs to the COMPANY or appears in any other Independent Distributor s activity report or downline report.
K. Directlyorindirectlydisclosingthepasswordorotheraccesscodetoyourbackofficeor activity report
L. Use of another person s credit card without express written permission
M. Forging any signature on any document
N. DepositinganycheckmadeouttotheCOMPANYintoanotheraccountinsteadof immediately forwarding it to the COMPANY
O. AnyunauthorizeduseoftheCOMPANY sname,logos,photos,videos,trademarksor copyrighted material in any way or fashion
Q. CompetingwiththeCOMPANY sproductsorservicesdirectlyorindirectlythrough association with another business or through your own personal efforts
R. Aggressiveorabusivelanguage,behaviorortreatmentoranyinappropriatebehavior toward any COMPANY employee, founder or another COMPANY Independent Distributor
The COMPANY does not extend coverage under any of its polices or products to Independent Distributors. If you use your personal property (such as your car or computer, home, etc.) for business use, such property may not be covered for loss or damage.
Cross-line recruiting: An Independent Distributor may not solicit an individual or entity that has been previously sponsored by another inLife Independent Distributor (or that is considering joining The COMPANY and being sponsored by another Independent Distributors) to join their inLife business as their direct enrollee.
The Independent Distributor may not solicit an inLife Independent Distributor or entity to join another network marketing opportunity offered by another company during the term of their inLife Independent Distributorship and for a period of one year after unless it is partially owned or officially associated with inLife, LLC. Violation of this company policy may result in immediate termination.
Cash or Monetary Incentives
The COMPANY strictly prohibits Independent Distributors from offering cash or monetary incentives, promotions, prizes or bonuses to members of their downline or upline organizational members, or customers as a method of influencing customer acquisition.
To eliminate cross-line recruiting practices, the COMPANY strictly prohibits the use of cash or monetary incentives/promotions/prizes/bonuses for purposes of recruiting new Independent Distributors.
The COMPANY has put in place a specific sales model and strongly encourages its Independent Distributors to promote customer acquisition and recruiting by adhering to this sales model.
Territorial Rights/Conducting Business Across International Borders
Independent Distributors can market services and products and sponsor new Independent Distributors in any country where the COMPANY conducts business, without exclusivity. Independent Distributors may only promote the COMPANY in countries where the COMPANY currently operates.
Independent Distributors conducting business in foreign countries must adhere to the COMPANY Policies and Procedures governing activities in that country. Furthermore, compensation will be based on the current Compensation Plan of that specific country and be subject to conversion to U.S. funds.
Independent Distributors are responsible for knowing and adhering to all laws and accepted business practices in the countries they choose to market. This includes but is not limited to customs and immigration laws and accepted marketing practices.
Qualification Requirements for Payment
The COMPANY offers a variety of different ways that allows the Independent Distributor to earn income through its Compensation Plan. Some of these payment plans require that the Independent Distributor be Qualified. Qualification requirements are defined in the Compensation Plan. It is the responsibility of the Independent Distributor to continually check to make sure that they are qualified for each individual pay plan that requires qualifications. The COMPANY will not be obligated to pay for any pay plan when an Independent Distributor falls out of qualification.
Marketing Advertising Policy
Bello Holdings LLC DBA CHIOMA offers a variety of different marketing tools that are provided by the company to help you build your business. These materials such as brochures and business cards are available through your replicated web site. There are those Independent Distributors who prefer to use their own materials or create materials for certain special events. In the event that this is the case, we have outlined our policy and procedures for personalized marketing materials.
Bello Holdings LLC DBA CHIOMA requires that all personalized marketing material be approved, in writing by the COMPANY before an Independent Distributor can DISTRIBUTE such material. Any request from an Independent Distributor must be in writing and include the following:
- Independent Distributor Name
- Independent Distributor ID Number
- Address and telephone number
- The complete copy or material that you wish to submit
- When you will use the material
- Where it will be distributed
- How you will distribute the materialPlease fax this request to: (805) 581-3037 or you may email it to email@example.com
Once the materials are received, please allow 15 to 21 business days for processing. If you have not received a response in this time, please contact us (949) 250-9600, ext 101 or email us back at firstname.lastname@example.org. Please do not call before the time frame of 15 to 21 business days.
Under no circumstances may an Independent Distributor place an ad to promote the COMPANY s Products and/or Compensation Plan in a national publication without prior, written approval from the COMPANY.
Canadian Independent Distributors are prohibited from selling inLife products in a retail environment and are prohibited from advertising the sale of inLife products for retail sales.
- Always introduce and refer to yourself as an Independent Distributor. You must never give the impression that you represent the COMPANY in any way as an employee or official agent.
- The use of inLife s logos and trademarks or service marks is strictly forbidden without prior, written approval from the COMPANY.
- Make sure that when you design the material, it clearly shows that it is coming from you as an Independent Distributor and not produced by inLife in any way shape or form.
- You may use COMPANY written information that is commonly found in our current marketing materials but may not do so word for word without prior, written approval from the COMPANY as our materials are protected by copyright laws .
- You must never make any promises of income.
- You must never make any statement that implies or says directly that our productswill cure, prevent or mitigate any medical ailments or offer any therapeutic benefit.
- You are prohibited from using the words such as cure, guaranteed any terms, phrases that make any health claims.
part of your CHIOMA username, or choose them as part of your replicated website address or any other website or website address associated with our products or brands or trademarks. An acceptable term to describe our products is logical.
- You must not state that our products contain No Carcinogens,No Harmful Chemicals,No Second Hand Smoke,
- You must never make any statement that implies or says directly that our products will help a person to stop smoking. Doing so would be a violation of law and may put you in legal jeopardy.
- You must always include on all your advertising of any form the following disclaimer:inLife products have not been evaluated by the Food and Drug Administration. The inLife electronic cigarette is not to be used for smoking cessation purposes. Our products do not mitigate, cure or treat any medical condition nor do they offer any therapeutic value. To purchase inLife products or sign up as an Independent Distributor, you must be 18 or older. To purchase or use the inLife electronic cigarette you must be of the legal age of smoking in the state where you reside.
You are free to sell a unit at whatever price you choose, however, you are restricted from publishing any price other than our current retail price.
If you choose not to use the business cards produced by the COMPANY, you must then follow the following procedures:
- You may not use the CHIOMA logo, you must submit business card for approval and may not use until it is approved by COMPANY.
- Refer to yourself as an Independent Nutritional Consultant.
- Do not use any terms that imply or say that our product will help people cure, treat or prevent illnesses.
- Do not make any promises of income.
The Promotion of International Expansion
Bello Holdings DBA CHIOMA has plans to enter into the international world by marketing our products into other countries. It is important to point out that every country has its own established rules and regulations that companies must follow in order to market their products. The process can be very precise. It is therefore important that all Independent Nutritional Consultants of CHIOMA refrain completely from trying to market our product in other countries at this time. Bello Holdings DBA CHIOMA will announce to our Independent Consultants as we receive individual approvals to market our products, one country at a time. Upon those announcements, Independent Consultants will then be allowed to market our product in those countries. In keeping with this policy, Independent Consultants must:
- Not market our product or opportunity to anyone in a country that is not approved by the COMPANY.
- Not market in any form to prospects in a country that is not approved by the COMPANY.When developing personal marketing materials for any country that is approved by Bello Holdings LLC DBA CHIOMA please refer to the appropriate guidelines the COMPANY sets forth for that particular country.
Direct Mail Pieces, Fliers and Brochures
Independent Consultants will not be allowed to substitute their names on any materials that have been previously approved for other Independent Distributors.
Photocopying of any marketing materials provided by the COMPANY is not permissible, however, Independent Distributors my print any current material that is provided by the company off of our website.
Bello Holdings DBA CHIOMA does not permit Independent Distributors to send unsolicited e-mails. Any e-mail sent by an Independent Distributors that promotes CHIOMA, the CHIOMA Consultant Opportunity, or CHIOMA products and services must comply with the following:
There must be a functioning return e-mail address to the sender that includes a request that future e-mail solicitations or correspondence not be sent to him or her (a functioning opt-outnotice).
The use of deceptive subject lines and/or false header information is prohibited.
All opt-out requests, whether received by e-mail or regular mail, must be honored.
All emails sent that promote inLife, its Opportunity or products, must adhere to all the other marketing and advertising guidelines in this policy.
Trademarks and Copyrights
The COMPANY will not allow the use of its trade names, trademarks, designs, photos, videos, audio recordings or symbols by any person, including a COMPANY Independent Distributor, without its prior, written permission. Independent Distributors may not produce for sale or distribution any recorded company events and speeches without written permission from the COMPANY; nor may Independent Distributors reproduce for sale or for personal use any recording of company-produced audio or video tape presentations.
Media and Media Inquiries
Independent Distributors must not attempt to respond to media inquiries regarding the COMPANY, its products or their independent business. All inquiries by any type of media must be immediately referred to COMPANY Public Relations Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
*Product returns are subject to a restocking charge and must also be in a resalable and unused condition and unopened from its original, sealed packaging and returned within it s allowable time frame for return. Any return of product in the downline will result in a charge back against commissions or bonuses paid by the COMPANY to any relevant Independent Consultant.
The return of subscription or Unilevel purchases can not be returned by an ID in an attempt to circumvent their monthly qualification requirements. Further, the company reserves the right to disallow any return for credit that was made in an apparent attempt to circumvent any qualification, commission or bonus plan that the company has offered.
The Return of Goods from CHIOMA Retail Customers:
(Please note: These terms relate to CHIOMA Retail Customers only. The terms as they relate to the credit and return of goods for CHIOMA Independent Consultants do not apply here and can be viewed in the current inLife Policies & Procedures / Terms & Conditions).
Any request for return of goods by an inLife retail customer must first be approved by the COMPANY in writing with a valid RMA Number prior to its return and all shipping charges for the return of goods must be prepaid by the customer for delivery back to the COMPANY. Any goods returned to the company by a retail customer without prior, written approval in the form of an RMA Number prior to the shipment of the return, can not be credited by the company. Credits against a return will not include any shipping and handling charges that were paid by the retail customer when they originally purchased the goods.
A retail customer may only return goods if they are: purchased and paid for by him or her directly through inLife through one of inLife s websites, in resalable condition, unopened in its original sealed packaging, still within its shelf life, returned within it s allowable time frame for return, (unless the law of the state in which the retail customer lives mandates a longer period of time).
Please note that the allowable time for products that are eligible for return is thirty (30) days. Other products that are are deemed non refundable are considered final sale. Upon receipt of the products the retail customer will be reimbursed 80% of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit or debit card, the refund will be credited back to the same credit or debit account. Upon confirmed written receipt of the product at the COMPANY s warehouse, the COMPANY will handle returns and refunds within 7 business days. Please allow at least two weeks to see the credit appear on your bank statement.
Bonus buying includes: (a) the sponsoring of individuals or entities without the knowledge of and/or execution of an Independent Consultant Application and Agreement by such individuals or entities; (b) the fraudulent sponsoring or enrollment of an individual or entity as an Independent Consultant or customer; (c) the sponsoring or attempted sponsoring of non-existent individuals or entities as Consultant or customers (phantoms); or (d) the use of a credit card by or on behalf of a Consultant or Customer when the Independent Consultant or customer is not the account holder of such credit card. Bonus buying constitutes a material breach of these Policies and Procedures, and is strictly and absolutely prohibited.
The COMPANY supports the practice of Regional and local Training Events, “Personal Business Opportunity Meetings and Private Business Receptions, as they are valuable educational tools when held properly with both professionalism and integrity. Under no circumstances are any type of meeting/training session intended to provide any additional income stream to those who are sponsoring the events, and must be offered as non-profit activities at all times.
All Regionals, “Super Saturdays, private marketing events, or on-line webinars must be submitted to the COMPANY for approval in conjunction with the current terms of hosting such events. Events that do not receive prior approval will be considered operating outside of the COMPANY s approval and philosophy and will not be promoted or endorsed by the company in any manner.
Attendance at COMPANY events is not a requirement for being an Independent Consultant, nor a prerequisite for success in this business.
The COMPANY reserves the right to pursue the remuneration of any legal or operational fees or the recovery for any damages as a result of any policy violation by the COMPANY Independent Consultant. The COMPANY also reserves the right to recoup such costs from future bonuses, commissions or other payments.
The COMPANY reserves the right to limit or disallow any marketing activities that cast negative aspersions on the integrity, truthfulness, and/or reputation of the COMPANY.
Transfer/Disposition of Independent Consultant Business
An Independent Consultant’s position can be inherited or bequeathed, but cannot be transferred or assigned during his or her lifetime without written consent of the COMPANY, which consent will not be unreasonably withheld. The COMPANY may charge a $1000.00 transfer fee.
Upon the death or incapacity of an Independent Consultant, or of its principals, the rights to the commission and marketing position shall pass to the designated successor, provided said successor complies with all the terms of the COMPANY agreement, the COMPANY s Policies and Procedures and fulfills the duties and obligations required of an Independent Distributor. In the case of a transfer to an existing Independent Consultant, or to an individual listed as a partner/shareholder/trustee in an existing Independent Consultant status, the individual will need to contact The COMPANY to discuss his/her options in either maintaining the status or transferring it. If the transfer is of a temporary nature (i.e. the Independent Consultant is temporarily incapacitated), the subsequent activation and deactivation will likewise be temporary.
(a) The Independent Consultant acknowledges that during the course of the performance of this Agreement, he or she will be provided or will be exposed to or will have access to personal information and that such personal information is confidential. The Independent Consultant agrees that such Personal Information will be collected, used and disclosed only for the purposes for which it was collected and only in relation to the provision of the COMPANY s services or products or this Agreement, The Independent Consultant will safeguard such Personal Information by appropriate means and not, other than as required in relation to the provision of the COMPANY s services or products, disclose, transfer, sell, assign, publish or otherwise make available any Personal Information for his/her own use or the use of any other third party except where disclosure may be required to comply with a subpoena, warrant, or court order, or if requested by a government institution which has the lawful authority to obtain the Personal Information, or if otherwise required by law.
(b) Upon reasonable request, the Independent Distributor shall provide the COMPANY access to, and the right to inspect, any or all Personal Information collected, used or disclosed by the Independent Distributor during the course of the Agreement;
(c) The Independent Consultant shall, at the prior written request of The COMPANY, promptly return any Personal Information and all copies thereof in any form whatsoever under their power or control to the COMPANY, and delete or destroy the personal information from all retrieval systems and databases as directed by the COMPANY and furnish to the COMPANY a certificate by the Independent Distributor or its legal representative that the deletion or destruction has occurred.
(d) The Independent Consultant agrees to co-operate with the COMPANY in any regulatory investigation or in any internal investigation regarding any alleged privacy breach or complaint.
(e) In order to ensure the special integrity of Independent Consultant personal information, and to protect Independent Consultants positions from unauthorized access, the COMPANY asks that all distributors adhere to the following procedures:
Only new Independent Consultant shall complete and sign an Independent Consultant Agreement, or complete the consultants sign-up process on the COMPANY website.
Only new Independent Consultant shall complete the online Independent Consultant Agreement.
An Independent Consultant upline or enroller should not complete any agreement on behalf of the consultant, or obtain account information, including position numbers and passwords.
Independent Consultant account information and passwords should not be accessed by, or provided to anyone but the Independent Consultant whose name appears on the Independent Consultant Agreement.
The rules and regulations outlined in this document are intended to protect the inLife opportunity for all involved. Please follow the Terms and Conditions as well as the Policies and Procedures as set forth here to insure that you are in compliance.
Please note that any infraction of these rules and regulations may result in suspension or immediate deactivation/termination of your status as an inLife Independent Distributor.
It is the goal of the COMPANY to introduce our products to as many retail customers as possible with the purpose in mind of offering them a logical alternative. Coupled with this is our desire to help others achieve financial reward for being involved with us as an Independent Distributor. The COMPANY desires to develop a long term, stable relationship of mutual respect, trust and integrity with our Independent Distributors. By assisting our Independent Distributors in achieving their goals and dreams, the COMPANY s goal of establishing a long lasting team will be realized.
Wholesale Partners Program (WPP) Agreement
I understand and agree to the following: I understand that the WPP Program’s compensation plan is a completely different compensation plan than that of the Bello Holdings LLC DBA CHIOMA Independent Consultant Program. I further understand that the WPP Agreement does not follow nor does it adhere to the downline or hierarchy tracking that is found in the CHIOMA network marketing program in any way.
Additionally, none of the agreement or terms and conditions that apply in the CHIOMA network marketing program apply to the WPP Program Agreement and that the WPP Program is not associated with the CHIOMA network marketing program in any way. I understand that to participate as a Buy/Sell WPP Sales Associate, I must submit my request to Bello Holdings, LLC DBA CHIOMA and the COMPANY will either reject or accept my request to participate in the program at its sole discretion. I will not hold Bello Holdings LLC DBA CHIOMA responsible in any way if Bello Holdings LLC DBA CHIOMA decides to reject my request to participate in the WPP Program. In the event that Bello Holdings LLC DBA CHIOMA accepts my request to participate as a Buy/Sell WPP Sales Associate, I agree to abide by that program’s terms and conditions.
This agreement will be in force for a period of 12 months, automatically renewed year after year. Either party may terminate this agreement, unless for cause, by giving the other 30 day written notice of termination. Immediate termination can be exercised for cause.
Bello Holdings LLC DBA CHIOMA reserves the right to change the terms of this agreement at any time.