Tell Me What Ya Want.Com
STATEMENT OF POLICIES AND PROCEDURES
Effective June 1, 2013
SECTION 1 – INTRODUCTION
1.1 Code Of Ethics
1.2 Policies Incorporated Into Business Associate Agreement
1.3 Changes To The Business Associate Agreement, Policies And Procedures, or Term of Use
SECTION 2 – BECOMING A BUSINESS ASSOCIATE
2.1 Requirements To Become A Business Associate
2.2 New Associate Registration By the Internet
2.3 Business Associate Benefits
2.4 Term And Renewal Of a Tell Me What Ya Want.Com Business Associate
SECTION 3 – ADVERTISING
3.1 Use Of Sales Aid
3.2 Intellectual Property
3.3 Web Policy
3.4 Domain Names And Email Addresses
3.5 Advertised Price
3.6 Media And Media Inquiries
3.7 Unsolicited Email And Fax Communication
SECTION 4 – OPERATING BUSINESS WITH TELL ME WHAT YA WANT.COM
4.1 - Business Entities
4.1.1 Changes to a Business Entity
4.2 Unauthorized Claims And Action
4.2.1 Indemnification
4.2.2 Endorsement of Tell Me What Ya Want.Com Services
4.3 Conflicts
4.3.1 Nonsolicitations
4.3.2 Sale of Competing Goods or Services
4.3.3 Targeting Other Direct Sellers
4.3.4 Privacy and Confidentiality
4.4 Advertiser Status
SECTION 5 – RESPONSIBILITIES OF ASSOCIATES
5.1 Change Of Address, Telephone No., Email-Address
SECTION 6 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
6.1 Disciplinary Sanctions
6.2 Mediation
6.3 Arbitration
6.4 Governing Law, Jurisdiction, And Venue
SECTION 7 – EFFECT OF CANCELLATION
7.1 Effect Of Cancellation And Termination
7.2 Non-Renewal
SECTION 8 – DEFINITIONS
Tell Me What Ya Want.Com
STATEMENT OF POLICIES AND PROCEDURES
Effective June 1, 2013
SECTION 1 – INTRODUCTION
1.1 - Code of Ethics
Tell Me What Ya Want.Com (hereafter “TMWYW”, “the Company” or “Agency”) is a values-based company that prides itself on the quality and character of its Associates. The following guidelines help ensure a uniform standard of excellence throughout our organization. Every TMWYW Business Associate (hereafter “Business Associate”, “Associate” or “Advertiser”) is expected to practice the following ethical behavior when acting in the name of the company:
A. I will be respectful of every person I meet while doing TMWYW related business.
B. At all times I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
C. I will not engage in activities that would bring disrepute to TMWYW, any TMWYW corporate officer or employee, myself, or other Associates.
D. I will not make discouraging or disparaging claims toward other TMWYW Associates. I will ensure that in all TMWYW business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
E. I will provide support and encouragement to my Customers to ensure that their experience with TMWYW is a successful one. I understand that it is important to provide follow-up service and support to my TMWYW Customers.
F. I will correctly represent my business and the products and/or services that I offer on the TMWYW website.
G. I will abide by all of TMWYW’s Policies & Procedures now and as they may be amended in the future.
1.2 - Policies Incorporated Into Business Associate Agreement
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of TMWYW, are incorporated into, and form an integral part of, the TMWYW Business Associate Agreement (hereafter “Associate Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the TMWYW Business Associate Agreement, these Policies, and the TMWYW Term of Use. These documents are incorporated by reference into the Associate Agreement (all in their current form and as amended by TMWYW). It is the responsibility of each Associate to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies.
1.3 - Changes to the Associate Agreement, Policies and Procedures, or Term of Use.
Because federal, state, and local laws, as well as the business environment, periodically change, TMWYW reserves the right to amend the Agreement and the prices in its TMWYW Product and/or Services Price List in its sole and absolute discretion. Notification of amendments shall appear in Official TMWYW Materials. Amendments shall be effective upon publication in Official TMWYW Materials, including but not limited to, posting on TMWYW’s website, e-mail distribution, publication in TMWYW’s newsletter, product inserts, or any other commercially reasonable method.
SECTION 2 – BECOMING A BUSINESS ASSOCIATE
2.1 - Requirements to Become a Business Associate
To become a TMWYW Business Associate, each applicant must:
A. Be of the age of majority in his or her state of residence;
B. Reside in the United States or other countries, which have been officially opened by TMWYW;
C. Have a registered business and make available the best deal possible to TMWYW site visitors.
D. Submit a properly completed and signed Associate Agreement to TMWYW via internet.
2.2 - New Associate Registration by the Internet
A prospective Associate may self-enroll on the web site. In such event, instead of a physically signed Associate agreement, TMWYW will accept the agreement by accepting the “electronic signature” stating the new Associate has accepted the terms and conditions of the Associate Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Associate and TMWYW.
2.3 – Business Associate Benefits
Once an Associate Agreement has been accepted by TMWYW, the benefits of the Associate Agreement are available to the new Associate. These benefits include the right to:
A. Advertise Products and/or Services with a Special Offer on the TMWYW website;
B. Participate in the TMWYW Referral Program and Affiliate Program;
C. Receive periodic TMWYW literature and other TMWYW communications;
D. Participate in TMWYW - sponsored support service training, motivational and recognition functions;
and
E. Participate in promotional and incentive contests and programs sponsored by TMWYW for its Business Associates.
2.4 - Terms and Renewal of a TMWYW.Com Business Associate
A Business Associate must renew their Associate status annually by recommitting to the terms of this Agreement. This acknowledgement is due on the anniversary of the Associate acceptance date.
Any Associate terminated by TMWYW may not re-apply to do business for 12 months from their termination date.
SECTION 3 – ADVERTISING
3.1 - Use of Sales Aid
To promote both the products and/or services that TMWYW offers, Associates must use the sales aids and support materials produced by TMWYW. If TMWYW Associates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Associates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the TMWYW business. These violations, although they may be relatively little in number, could jeopardize the TMWYW services for all Associates. Accordingly, Associates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the Associate receives specific written approval to use the material, the request shall be deemed denied. All Associates shall safeguard and promote the good reputation of TMWYW and its services. The marketing and promotion of TMWYW, and TMWYW services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.2 - Intellectual Property
TMWYW will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including TMWYW Associates, without prior written authorization from TMWYW. Furthermore, no Associate may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Associate without prior written consent from the named Associate. This consent must be on file with TMWYW’s Compliance department prior to any use.
3.3 - Web Policy
No Business Associate may independently design a website that uses the names, logos, or product descriptions of TMWYW or otherwise promotes (directly or indirectly) TMWYWs products and/or services.
3.4 - Domain Names and Email Addresses
Business Associates may not use or attempt to register or sell any of TMWYW’s trade names, trademarks, service names, service marks, product names, or any derivative thereof, for any internet domain name or email address.
3.5 - Advertised Price
You may not advertise any of TMWYW’s products and/or services at a price LESS than the highest company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.
3.6 - Media and Media Inquiries
Business Associates must not initiate any interaction with the media or attempt to respond to media inquiries regarding TMWYW, its services, or their independent TMWYW business association. All inquiries by any type of media must be immediately referred to TMWYW’s Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
3.7 - Unsolicited Email and Fax Communication
TMWYW does not permit Business Associates to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by a Business Associate that promotes TMWYW, or TMWYW products and/or services, must comply with the following:
A. There must be a functioning return email address to the sender.
B. There must be a notice in the email that advises the recipient that they may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
C. The email must include the Associate’s physical mailing address.
D. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
E. The use of deceptive subject lines and/or false header information is prohibited.
F. All opt-out requests, whether received by email or regular mail, must be honoured. If a Business Associate receives an opt-out request from a recipient of an email, the Associate must forward the opt-out request to the Company. TMWYW may periodically send commercial emails on behalf of Associates. By entering into the Associate Agreement, Associate agrees that the Company may send such emails and that the Associate’s physical and email addresses will be included in such emails as outlined above. Business Associates shall honour opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, Business Associates may not use or transmit unsolicited faxes or use an automatic telephone dialling system relative to the operation of their TMWYW businesses.
SECTION 4 – OPERATING BUSINESS WITH TMWYW
4.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a TMWYW Business Associate by submitting a TMWYW Business Associate Application and Agreement
4.1.1 - Changes to a Business Entity
Each Business Associate must immediately notify TMWYW of any changes to the type of business entity they utilize in operating their TMWYW business association, and the addition or removal of business associates.
4.2 - Unauthorized Claims and Action
4.2.1 - Indemnification
A Business Associate is fully responsible for all of his or her verbal and/or written statements made regarding TMWYW services, which are not expressly contained in Official TMWYW Materials. Associates agree to indemnify TMWYW and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by TMWYW as a result of the Business Associate’s unauthorized representations or actions. This provision shall survive the cancellation of the Associate Agreement.
4.3 - Conflicts
4.3.1 – Nonsolicitations
TMWYW Business Associates are free to promote in other marketing and promotion businesses. However, during the term of this Agreement, Associates may not directly or indirectly recruit other TMWYW Associates to another marketing business.
4.3.2 - Sale of Competing Goods or Services
Business Associates must not sell, or attempt to sell, any competing non-TMWYW programs or services to TMWYW Customers or Associates. Any program, product, service, or direct selling opportunity in the same generic categories as the TMWYW services are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
4.3.3 - Targeting Other Direct Sellers
Should Business Associates engage in solicitation and/or enticement of members of another direct sales company to sell or distribute TMWYW services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Associate alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, TMWYW will not pay any of Associate’s defence costs or legal fees, nor will TMWYW indemnify the Associate for any judgment, award, or settlement.
4.3.4 - Privacy and Confidentiality
All Business Associates are required to abide by the Company’s Privacy Policy with regard to Associate and Customer information.
4.4 - Advertiser Status
You are an Advertiser. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than a Business Associate. You have no authority to bind TMWYW to any obligation.
Associates may not answer the telephone by saying “TMWYW,” “TMWYW Incorporated,” or by any other manner that would lead the caller to believe that they have reached TMWYW’s corporate offices. An Associate may only represent he/she’s own business. Therefore, all correspondence and business cards relating to or in connection with an Associate’s TMWYW business shall contain the Associate’s name followed by the term “Business Associate.”
SECTION 5 – RESPONSIBILITIES OF ASSOCIATES
5.1 - Change of Address, Telephone, Email-Address
To ensure timely communications, delivery of support materials, it is critically important that the TMWYW’s files are current. Associates planning to move or change their email address must submit an amended Associate Agreement complete with the new information.
SECTION 6 –DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
6.1 - 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 an Associate 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 Associate’s TMWYW business association), may result, at TMWYW’s discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the Associate to take immediate corrective measures;
• Imposition of a fine;
• Any other measure expressly allowed within any provision of the Agreement or which TMWYW deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Associate’s policy violation or contractual breach;
• Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of TMWYW.
6.2 - Mediation
Prior to instituting 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 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 ten (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 El Monte, California, and shall last no more than two (2) business days.
6.3 - 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 confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Associates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in El Monte, California. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. 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 arbitration shall survive any termination or expiration of the Agreement.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
Nothing in these Policies and Procedures shall prevent TMWYW 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 TMWYW’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
6.4 - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in El Monte, California. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of California shall govern all other matters relating to or arising from the Agreement.
SECTION 7 – EFFECT OF CANCELLATION
7.1 - Effect of Cancellation and Termination
Following an Associate’s non-continuation of his or her Associate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Associate Agreement (all of these methods are collectively referred to as “Cancellation”), the former Associate shall have no more advertisement rights to the website.
A TMWYW participant 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 email to TMWYW. The written notice must include the Associate’s signature, printed name, name of the company and address.
7.2 - Non-Renewal
An Associate may also voluntarily cancel their Associate Agreement by failing to pay the renewal fee. Associates have a 60 day grace period to get back into compliance for failure to pay the administrative fee.
SECTION 8 – DEFINITIONS
AGREEMENT: The contract between the Company and each Business Associate; includes the Associate Agreement, the TMWYW Policies and Procedures, and the TMWYW Term of Use, all in their current form and as amended by TMWYW in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of an Associate’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
CUSTOMER: A Customer who visits TMWYW’s website to search for products and/or services.
BUSINESS ASSOCIATE (ASSOCIATE): A business, who purchases Advertisement from TMWYW to promote their products and/or services.
ORGANIZATION: TMWYW.
OFFICIAL TMWYW MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by TMWYW to Associates.
STATEMENT OF POLICIES AND PROCEDURES
Effective June 1, 2013
SECTION 1 – INTRODUCTION
1.1 Code Of Ethics
1.2 Policies Incorporated Into Business Associate Agreement
1.3 Changes To The Business Associate Agreement, Policies And Procedures, or Term of Use
SECTION 2 – BECOMING A BUSINESS ASSOCIATE
2.1 Requirements To Become A Business Associate
2.2 New Associate Registration By the Internet
2.3 Business Associate Benefits
2.4 Term And Renewal Of a Tell Me What Ya Want.Com Business Associate
SECTION 3 – ADVERTISING
3.1 Use Of Sales Aid
3.2 Intellectual Property
3.3 Web Policy
3.4 Domain Names And Email Addresses
3.5 Advertised Price
3.6 Media And Media Inquiries
3.7 Unsolicited Email And Fax Communication
SECTION 4 – OPERATING BUSINESS WITH TELL ME WHAT YA WANT.COM
4.1 - Business Entities
4.1.1 Changes to a Business Entity
4.2 Unauthorized Claims And Action
4.2.1 Indemnification
4.2.2 Endorsement of Tell Me What Ya Want.Com Services
4.3 Conflicts
4.3.1 Nonsolicitations
4.3.2 Sale of Competing Goods or Services
4.3.3 Targeting Other Direct Sellers
4.3.4 Privacy and Confidentiality
4.4 Advertiser Status
SECTION 5 – RESPONSIBILITIES OF ASSOCIATES
5.1 Change Of Address, Telephone No., Email-Address
SECTION 6 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
6.1 Disciplinary Sanctions
6.2 Mediation
6.3 Arbitration
6.4 Governing Law, Jurisdiction, And Venue
SECTION 7 – EFFECT OF CANCELLATION
7.1 Effect Of Cancellation And Termination
7.2 Non-Renewal
SECTION 8 – DEFINITIONS
Tell Me What Ya Want.Com
STATEMENT OF POLICIES AND PROCEDURES
Effective June 1, 2013
SECTION 1 – INTRODUCTION
1.1 - Code of Ethics
Tell Me What Ya Want.Com (hereafter “TMWYW”, “the Company” or “Agency”) is a values-based company that prides itself on the quality and character of its Associates. The following guidelines help ensure a uniform standard of excellence throughout our organization. Every TMWYW Business Associate (hereafter “Business Associate”, “Associate” or “Advertiser”) is expected to practice the following ethical behavior when acting in the name of the company:
A. I will be respectful of every person I meet while doing TMWYW related business.
B. At all times I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
C. I will not engage in activities that would bring disrepute to TMWYW, any TMWYW corporate officer or employee, myself, or other Associates.
D. I will not make discouraging or disparaging claims toward other TMWYW Associates. I will ensure that in all TMWYW business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
E. I will provide support and encouragement to my Customers to ensure that their experience with TMWYW is a successful one. I understand that it is important to provide follow-up service and support to my TMWYW Customers.
F. I will correctly represent my business and the products and/or services that I offer on the TMWYW website.
G. I will abide by all of TMWYW’s Policies & Procedures now and as they may be amended in the future.
1.2 - Policies Incorporated Into Business Associate Agreement
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of TMWYW, are incorporated into, and form an integral part of, the TMWYW Business Associate Agreement (hereafter “Associate Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the TMWYW Business Associate Agreement, these Policies, and the TMWYW Term of Use. These documents are incorporated by reference into the Associate Agreement (all in their current form and as amended by TMWYW). It is the responsibility of each Associate to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies.
1.3 - Changes to the Associate Agreement, Policies and Procedures, or Term of Use.
Because federal, state, and local laws, as well as the business environment, periodically change, TMWYW reserves the right to amend the Agreement and the prices in its TMWYW Product and/or Services Price List in its sole and absolute discretion. Notification of amendments shall appear in Official TMWYW Materials. Amendments shall be effective upon publication in Official TMWYW Materials, including but not limited to, posting on TMWYW’s website, e-mail distribution, publication in TMWYW’s newsletter, product inserts, or any other commercially reasonable method.
SECTION 2 – BECOMING A BUSINESS ASSOCIATE
2.1 - Requirements to Become a Business Associate
To become a TMWYW Business Associate, each applicant must:
A. Be of the age of majority in his or her state of residence;
B. Reside in the United States or other countries, which have been officially opened by TMWYW;
C. Have a registered business and make available the best deal possible to TMWYW site visitors.
D. Submit a properly completed and signed Associate Agreement to TMWYW via internet.
2.2 - New Associate Registration by the Internet
A prospective Associate may self-enroll on the web site. In such event, instead of a physically signed Associate agreement, TMWYW will accept the agreement by accepting the “electronic signature” stating the new Associate has accepted the terms and conditions of the Associate Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Associate and TMWYW.
2.3 – Business Associate Benefits
Once an Associate Agreement has been accepted by TMWYW, the benefits of the Associate Agreement are available to the new Associate. These benefits include the right to:
A. Advertise Products and/or Services with a Special Offer on the TMWYW website;
B. Participate in the TMWYW Referral Program and Affiliate Program;
C. Receive periodic TMWYW literature and other TMWYW communications;
D. Participate in TMWYW - sponsored support service training, motivational and recognition functions;
and
E. Participate in promotional and incentive contests and programs sponsored by TMWYW for its Business Associates.
2.4 - Terms and Renewal of a TMWYW.Com Business Associate
A Business Associate must renew their Associate status annually by recommitting to the terms of this Agreement. This acknowledgement is due on the anniversary of the Associate acceptance date.
Any Associate terminated by TMWYW may not re-apply to do business for 12 months from their termination date.
SECTION 3 – ADVERTISING
3.1 - Use of Sales Aid
To promote both the products and/or services that TMWYW offers, Associates must use the sales aids and support materials produced by TMWYW. If TMWYW Associates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Associates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the TMWYW business. These violations, although they may be relatively little in number, could jeopardize the TMWYW services for all Associates. Accordingly, Associates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the Associate receives specific written approval to use the material, the request shall be deemed denied. All Associates shall safeguard and promote the good reputation of TMWYW and its services. The marketing and promotion of TMWYW, and TMWYW services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.2 - Intellectual Property
TMWYW will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including TMWYW Associates, without prior written authorization from TMWYW. Furthermore, no Associate may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Associate without prior written consent from the named Associate. This consent must be on file with TMWYW’s Compliance department prior to any use.
3.3 - Web Policy
No Business Associate may independently design a website that uses the names, logos, or product descriptions of TMWYW or otherwise promotes (directly or indirectly) TMWYWs products and/or services.
3.4 - Domain Names and Email Addresses
Business Associates may not use or attempt to register or sell any of TMWYW’s trade names, trademarks, service names, service marks, product names, or any derivative thereof, for any internet domain name or email address.
3.5 - Advertised Price
You may not advertise any of TMWYW’s products and/or services at a price LESS than the highest company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.
3.6 - Media and Media Inquiries
Business Associates must not initiate any interaction with the media or attempt to respond to media inquiries regarding TMWYW, its services, or their independent TMWYW business association. All inquiries by any type of media must be immediately referred to TMWYW’s Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
3.7 - Unsolicited Email and Fax Communication
TMWYW does not permit Business Associates to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by a Business Associate that promotes TMWYW, or TMWYW products and/or services, must comply with the following:
A. There must be a functioning return email address to the sender.
B. There must be a notice in the email that advises the recipient that they may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
C. The email must include the Associate’s physical mailing address.
D. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
E. The use of deceptive subject lines and/or false header information is prohibited.
F. All opt-out requests, whether received by email or regular mail, must be honoured. If a Business Associate receives an opt-out request from a recipient of an email, the Associate must forward the opt-out request to the Company. TMWYW may periodically send commercial emails on behalf of Associates. By entering into the Associate Agreement, Associate agrees that the Company may send such emails and that the Associate’s physical and email addresses will be included in such emails as outlined above. Business Associates shall honour opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, Business Associates may not use or transmit unsolicited faxes or use an automatic telephone dialling system relative to the operation of their TMWYW businesses.
SECTION 4 – OPERATING BUSINESS WITH TMWYW
4.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a TMWYW Business Associate by submitting a TMWYW Business Associate Application and Agreement
4.1.1 - Changes to a Business Entity
Each Business Associate must immediately notify TMWYW of any changes to the type of business entity they utilize in operating their TMWYW business association, and the addition or removal of business associates.
4.2 - Unauthorized Claims and Action
4.2.1 - Indemnification
A Business Associate is fully responsible for all of his or her verbal and/or written statements made regarding TMWYW services, which are not expressly contained in Official TMWYW Materials. Associates agree to indemnify TMWYW and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by TMWYW as a result of the Business Associate’s unauthorized representations or actions. This provision shall survive the cancellation of the Associate Agreement.
4.3 - Conflicts
4.3.1 – Nonsolicitations
TMWYW Business Associates are free to promote in other marketing and promotion businesses. However, during the term of this Agreement, Associates may not directly or indirectly recruit other TMWYW Associates to another marketing business.
4.3.2 - Sale of Competing Goods or Services
Business Associates must not sell, or attempt to sell, any competing non-TMWYW programs or services to TMWYW Customers or Associates. Any program, product, service, or direct selling opportunity in the same generic categories as the TMWYW services are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
4.3.3 - Targeting Other Direct Sellers
Should Business Associates engage in solicitation and/or enticement of members of another direct sales company to sell or distribute TMWYW services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Associate alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, TMWYW will not pay any of Associate’s defence costs or legal fees, nor will TMWYW indemnify the Associate for any judgment, award, or settlement.
4.3.4 - Privacy and Confidentiality
All Business Associates are required to abide by the Company’s Privacy Policy with regard to Associate and Customer information.
4.4 - Advertiser Status
You are an Advertiser. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than a Business Associate. You have no authority to bind TMWYW to any obligation.
Associates may not answer the telephone by saying “TMWYW,” “TMWYW Incorporated,” or by any other manner that would lead the caller to believe that they have reached TMWYW’s corporate offices. An Associate may only represent he/she’s own business. Therefore, all correspondence and business cards relating to or in connection with an Associate’s TMWYW business shall contain the Associate’s name followed by the term “Business Associate.”
SECTION 5 – RESPONSIBILITIES OF ASSOCIATES
5.1 - Change of Address, Telephone, Email-Address
To ensure timely communications, delivery of support materials, it is critically important that the TMWYW’s files are current. Associates planning to move or change their email address must submit an amended Associate Agreement complete with the new information.
SECTION 6 –DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
6.1 - 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 an Associate 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 Associate’s TMWYW business association), may result, at TMWYW’s discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the Associate to take immediate corrective measures;
• Imposition of a fine;
• Any other measure expressly allowed within any provision of the Agreement or which TMWYW deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Associate’s policy violation or contractual breach;
• Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of TMWYW.
6.2 - Mediation
Prior to instituting 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 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 ten (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 El Monte, California, and shall last no more than two (2) business days.
6.3 - 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 confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Associates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in El Monte, California. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. 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 arbitration shall survive any termination or expiration of the Agreement.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
Nothing in these Policies and Procedures shall prevent TMWYW 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 TMWYW’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
6.4 - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in El Monte, California. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of California shall govern all other matters relating to or arising from the Agreement.
SECTION 7 – EFFECT OF CANCELLATION
7.1 - Effect of Cancellation and Termination
Following an Associate’s non-continuation of his or her Associate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Associate Agreement (all of these methods are collectively referred to as “Cancellation”), the former Associate shall have no more advertisement rights to the website.
A TMWYW participant 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 email to TMWYW. The written notice must include the Associate’s signature, printed name, name of the company and address.
7.2 - Non-Renewal
An Associate may also voluntarily cancel their Associate Agreement by failing to pay the renewal fee. Associates have a 60 day grace period to get back into compliance for failure to pay the administrative fee.
SECTION 8 – DEFINITIONS
AGREEMENT: The contract between the Company and each Business Associate; includes the Associate Agreement, the TMWYW Policies and Procedures, and the TMWYW Term of Use, all in their current form and as amended by TMWYW in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of an Associate’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
CUSTOMER: A Customer who visits TMWYW’s website to search for products and/or services.
BUSINESS ASSOCIATE (ASSOCIATE): A business, who purchases Advertisement from TMWYW to promote their products and/or services.
ORGANIZATION: TMWYW.
OFFICIAL TMWYW MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by TMWYW to Associates.