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AliveMax.com

 

STATEMENT OF POLICIES

and

PROCEDURES

 

TABLE OF CONTENTS

 

 

SECTION 1 - CORPORATE MISSION STATEMENT.. 1

SECTION 2 - INTRODUCTION.. 1

2.1 - Policies and Compensation Plan Incorporated into Independent Marketing Consultant Agreement 1

2.2 - Purpose of Policies. 1

2.3 - Changes to the Agreement 2

2.4 - Delays. 2

2.5 - Policies and Provisions Severable. 2

2.6 - Waiver 2

SECTION 3 - BECOMING AN  IMC.. 3

3.1 - Requirements to Become an  IMC.. 3

3.2 - New IMC Registration by Telephone or Fax. 3

3.3 - IMC Benefits. 3

3.4 - Term and Renewal of Your AliveMax.com  Business. 4

SECTION 4 - OPERATING AN ALIVEMAX.COM  BUSINESS. 4

4.1 - Adherence to the AliveMax.com  Marketing and Compensation Plan. 4

4.2 - Advertising. 4

4.2.1 - General 4

4.2.2 - IMC Web Sites. 5

4.2.3 - Blogs, Chat Rooms, Social Networks, Online Auctions, and other Online Forums. 5

4.2.4 - Domain Names and Email Addresses. 5

4.2.5 - Trademarks and Copyrights. 5

4.2.6 - Media and Media Inquiries. 6

4.2.7 - Unsolicited Email 6

4.2.8 - Unsolicited Faxes. 6

4.3 - Bonus Buying Prohibited. 7

4.4 - Business Entities. 7

4.4.1 - Changes to a Business Entity. 8

4.5 - Change of Placement Sponsor 8

4.5.1 - Misplacement 8

4.5.2 - Upline Approval 8

4.5.3 - Cancellation and Re-application. 9

4.6 - Unauthorized Claims and Actions. 9

4.6.1 - Indemnification. 9

4.6.2 - Producte Claims. 9

4.6.3 - Income Claims. 9

4.7 - Commercial Outlets. 10

4.8 - Trade Shows, Expositions and Other Sales Forums. 10

4.9 - Conflicts of Interest 10

4.9.1 - Nonsolicitation. 10

4.9.2 - Downline Activity (Genealogy) Reports. 11

4.10 - Targeting Other Direct Sellers. 12

4.11 - Cross-Enrolling. 12

4.12 - Errors or Questions. 12

4.13 - Governmental Approval or Endorsement 12

4.14 - Holding Applications or Orders. 13

4.15 - Identification. 13

4.16 - Income Taxes. 13

4.17 - Independent Contractor Status. 13

4.18 - Insurance. 14

4.19 - International Marketing. 14

4.20 - Adherence to Laws and Ordinances. 14

4.21 - Minors. 14

4.22 - One AliveMax.com  Business Per IMC and Per Household. 14

4.23 - Actions of Household Members or Affiliated Individuals. 15

4.24 - Requests for Records. 15

4.25 - Roll-up of Marketing Organization. 15

4.26 - Sale, Transfer or Assignment of AliveMax.com  Business. 15

4.27 - Separation of an AliveMax.com  Business. 16

4.28 - Enrolling. 17

4.29 - Succession. 17

4.30 - Transfer Upon Death of an IMC.. 18

4.31 - Transfer Upon AliveMax.com apacitation of an IMC.. 18

4.32 - Telemarketing Techniques. 18

SECTION 5 - RESPONSIBILITIES OF IMC’S. 19

5.1 - Change of Address or Telephone. 19

5.2 - Continuing Development Obligations. 20

5.2.1 - Ongoing Training. 20

5.2.2 - Increased Training Responsibilities. 20

5.2.3 - Ongoing Sales Responsibilities. 20

5.3 - Nondisparagement 20

5.4 - Providing Documentation to Applicants. 20

5.5 - Reporting Policy Violations. 21

SECTION 6 - SALES REQUIREMENTS. 21

6.1 -Product Sales. 21

6.2- NoTerritory Restrictions.....................................................................................................................21

    6.3-Offline Product Sales .……………………………………………………………………………….21

6.4 - Fundraising Programs. 22

SECTION 7 - BONUSES AND COMMISSIONS. 22

7.1 - Bonus and Commission Qualifications. 22

7.2 - Adjustment to Bonuses and Commissions. 22

7.2.1 - Adjustments for Cancelled VOIP Services. 22

7.2.2 - Other Deductions. 22

7.3 - Reports. 22

SECTION 8 - SERVICE GUARANTEES AND SALES AID REPURCHASES. 23

8.1 - Product Guarantee. 23

8.2 - Retail Subscriber 3-Day Right to Cancel 23

8.3 - Return of Sales Aids or products by IMC’s Upon Cancellation. 24

8.3.1 - International Residents. 24

8.4 - Procedures for All Returns. 24

SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS. 24

9.1 - Disciplinary Sanctions. 25

9.2 - Grievances and Complaints. 25

9.3 - Dispute Resolution. 25

9.4 - Arbitration. 26

9.5 - Governing Law, Jurisdiction and Venue. 27

SECTION 10 - PAYMENT AND SHIPPING.. 27

10.1 - Returned Checks. 27

10.2 - Restrictions on Third Party Use of Credit Cards and Checking Account Access. 27

10.3 - Sales Taxes. 27

SECTION 11 - INACTIVITY & CANCELLATION.. 28

11.1 - Effect of Cancellation. 28

11.2 - Cancellation Due to Inactivity. 28

11.3 - Involuntary Cancellation. 28

11.4 - Voluntary Cancellation. 29

11.5 - Non-renewal 29

SECTION 12 - DEFINITIONS. 29

 


SECTION 1 - CORPORATE MISSION STATEMENT

We are passionate concerning the health, and well being of our Independent Marketing Consultants, Consumers and those that contribute to the greater good by raising the value the public obtains from our products and business. We are committed to providing an exceptional financial and personal development opportunity for anyone committed to raising personal standards and furthering the mission of our company.

We will provide all our Independent Marketing Consultants with an exceptionally dynamic wellness opportunity centered on financial reward and enriched by personal growth. We are committed to teaching our people ways to leverage time, money and knowledge to create optimal health, and personal wealth while enhancing the integrity of the Direct Sales Industry as a career opportunity.   We are dedicated to growing our company by growing our people while raising the standards of excellence for the profession as a whole.  

 

 

SECTION 2 - INTRODUCTION

 

2.1 - Policies and Compensation Plan Incorporated into Independent Marketing Consultant Agreement

These Policies and Procedures, in their present form and as amended at the sole discretion of AliveMax.com  (hereafter “AliveMax.com ” or the “Company”), are incorporated into, and form an integral part of, the AliveMax.com  Independent Marketing Consultant Agreement (hereafter “IMC”).  Throughout these Policies, when the term “Agreement” is used, it collectively refers to the AliveMax.com  Independent Group of Distributors Application and Agreement (hereafter “AliveMax “IMC” Application and Agreement”), these Policies and Procedures, the AliveMax.com  Marketing and Compensation Plan, and the AliveMax.com  Business Entity Registration Form (if applicable).  These documents are incorporated by reference into the AliveMax.com  IMC Agreement (all in their current form and as amended by AliveMax.com ).  It is the responsibility of each Independent Marketing Consultant (hereafter “IMC”) 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 IMC, it is the responsibility of the Enroller to ensure that the applicant is provided with, or has online access to, the most current version of these Policies and Procedures and the AliveMax.com  Marketing and Compensation Plan prior to his or her execution of the IMC Agreement.

 

2.2 - Purpose of Policies

AliveMax.com is a direct sales company that markets its products through Independent Representatives (IMC’s).  It is important to understand that your success and the success of your fellow IMC’s depend on the integrity of the men and women who market our products.  To clearly define the relationship that exists between IMC’s and AliveMax.com  and, to explicitly set a standard for acceptable business conduct, AliveMax.com  has established the Agreement.

 

AliveMax.com IMC’s are required to comply with all of the Terms and Conditions set forth in the Agreement which AliveMax.com may amend at its sole discretion from time to time, as well as all federal, state, and local and Country laws governing their AliveMax.com business and their conduct.  Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement.  Please review the information in this manual carefully.  It explains and governs the relationship between you, as an independent contractor and the Company.  If you have any questions regarding any policy or rule, do not hesitate to seek an answer from AliveMax.com.

 

2.3 - Changes to the Agreement

Because federal, state, local laws, and country laws as well as the business environment, periodically change, AliveMax.com reserves the right to amend the Agreement and its prices at its sole and absolute discretion.  By signing the IMC Agreement, an IMC agrees to abide by all amendments or modifications that AliveMax.com  elects to make.  Amendments shall be effective upon notice to all IMC’s that the Agreement has been modified.  Notification of amendments shall be published in official AliveMax.com materials.  The Company shall provide or make available to all IMC’s a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official web site; (2) The IMC back office (3) electronic mail (e-mail); (4) inclusion in Company periodicals; (5) inclusion in bonus and commission checks. (5) Acceptance of bonuses or commissions constitutes acceptance of any and all amendments.

 

2.4 - Delays

AliveMax.com shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control.  This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders.

 

2.5 - Policies and Provisions Severable

If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.

 

2.6 - Waiver

The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business.  No failure of AliveMax.com to exercise any right or power under the Agreement or to insist upon strict compliance by an IMC with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of AliveMax.com’s right to demand exact compliance with the Agreement.  Waiver by AliveMax.com can be effectuated only in writing by an authorized officer of the Company.  AliveMax.com’s waiver of any particular breach by an IMC shall not affect or impair AliveMax.com’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other IMC.  Nor shall any delay or omission by AliveMax.com to exercise any right arising from a breach affect or impair AliveMax.com’s rights as to that or any subsequent breach.

 

 

The existence of any claim or cause of action of an IMC against AliveMax.com  shall not constitute a defense to AliveMax.com’s enforcement of any term or provision of the Agreement.

 

 

SECTION 3 - BECOMING AN IMC

 

3.1 -  Requirements to Become an IMC

To become an AliveMax.com IMC, each applicant must:

 

a)      Be of the age of majority in his or her state or country of residence;

b)      Reside in the United States a U.S. Territory or any country that AliveMax.com  has officially announced is open for business;

c)      Have a valid Social Security or Federal Tax ID number; or Country ID number

d)     Purchase an AliveMax.com Starter Kit (except where optional); and

e)      Submit a properly completed IMC Application and Agreement to AliveMax.com.

 

3.2 - New IMC Registration by Telephone or Fax

As an alternative to registering by mail or online (at the Company’s website or at the replicated website of his or her Enroller), a potential new IMC may call the AliveMax.com  home office during regular business hours to receive an IMC Identification Number and authorization as a new IMC.  You must know your enroller’s ID. Your enroller will provide the contact telephone number and appropriate business hours based on your country of origin.)  If the applicant registers by telephone, he or she must be able to provide all necessary IMC Agreement information over the telephone and order a Starter Kit and/or Product using a valid credit card. 

 

 

3.3 - IMC Benefits

Once an IMC Application and Agreement has been accepted by AliveMax.com ,the benefits of the Marketing and Compensation Plan and the IMC Agreement are available to the new IMC.  These benefits include the right to:

 

a)      Sell AliveMax.com  products and services;

b)      Participate in the AliveMax.com Marketing and Compensation Plan (receive bonuses and commissions, if eligible);

c)      Enroll other individuals as IMC’s or Customers into the AliveMax.com business and thereby, build a marketing organization and progress through the AliveMax.com  Marketing and Compensation Plan;

d)     Receive periodic AliveMax.com literature and other AliveMax.com  communications;

e)      Participate in AliveMax.com -sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and

f)       Participate in promotional and incentive contests and programs sponsored by AliveMax.com for its IMC’s.

 

 

 

3.4 - Term and Renewal of Your AliveMax.com  Business

     The term of the IMC Agreement is one year from the date of its acceptance by AliveMax.com  (subject to reclassification for inactivity after six months pursuant to Section 11.3).  IMC’s must renew their IMC Agreement each year by paying an annual renewal fee on or before the anniversary date of their IMC Agreement.  If the renewal fee is not paid within 30 days after the expiration of the current term of the IMC Agreement, the IMC Agreement will be canceled. You will be notified 30 days in advance of your renewal date.

 

SECTION 4 - OPERATING AN ALIVEMAX.COM  BUSINESS

 

4.1 - Adherence to the AliveMax.com  Marketing and Compensation Plan

IMC’s must adhere to the terms of the AliveMax.com Marketing and Compensation Plan as set forth in official AliveMax.com literature.  IMC’s shall not offer the AliveMax.com  opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official AliveMax.com literature.  IMC’s shall not require or encourage other current or prospective Service Subscribers or IMC’s to participate in AliveMax.com in any manner that varies from the program as set forth in official AliveMax.com literature.  IMC’s shall not require or encourage other current or prospective Customers or IMC’s to execute any agreement or contract other than official AliveMax.com agreements and contracts in order to become an AliveMax.com Subscriber or IMC.  Similarly, IMC’s shall not require or encourage other current or prospective Customers or IMC’s to make any purchase from, or payment to, any individual or other entity to subscribe to AliveMax.com. Products or to participate in the AliveMax.com Marketing and Compensation Plan other than those purchases or payments identified as recommended or required in official AliveMax.com literature.

 

4.2 - Advertising

 

4.2.1 - General

All IMC’s shall safeguard and promote the good reputation of AliveMax.com and its services.  The marketing and promotion of AliveMax.com, the AliveMax.com opportunity, the Marketing and Compensation Plan, and AliveMax.com products shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

 

To promote both the AliveMax.com products and the tremendous opportunity AliveMax.com offers, IMC’s must use the sales aids and support materials produced by AliveMax.com.  The rationale behind this requirement is simple.  AliveMax.com has carefully designed its Product offerings, Marketing and Compensation Plan, and promotional materials to ensure that each aspect of AliveMax.com is fair, truthful, substantiated, and complies with the vast and complex legal requirements of federal, state and country laws.  If AliveMax.com IMC’s were allowed to develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding their integrity and good intentions, the likelihood that they would unintentionally violate any number of statutes or regulations affecting an AliveMax.com  business is almost certain.  These violations, although they may be relatively few in number, would jeopardize the AliveMax.com opportunity for all IMC’s. 

 

Accordingly, IMC’s must not produce their own  literature, advertisements, sales aids and promotional materials, or Internet web pages. 

      AliveMax.com will not permit IMC’s to create side-businesses selling sales aids to other AliveMax.com IMC’s. 

 

IMC Web Sites

If an IMC desires to utilize an internet web page to promote his or her business, he or she may do so through the Company’s replicated website program only.  This program permits IMC’s to advertise on the Internet and to choose from among a variety of home page designs that can be personalized with the IMC's message and the IMC's contact information.  These websites seamlessly link directly to the official AliveMax.com website giving the IMC a professional and Company-approved presence on the Internet. No IMC may independently design a website that uses AliveMax.com’s names or logos, or descriptions of AliveMax.com  products, or otherwise promotes (directly or indirectly) AliveMax.com  products or the AliveMax.com  opportunity.  Nor may an IMC use "blind" ads on the Internet that make AliveMax.com income claims or claims about the AliveMax.com products that are ultimately associated with AliveMax.com  products, the AliveMax.com opportunity, or the AliveMax.com Marketing and Compensation Plan.  The use of any other internet website or web page (including without limitation auction sites such as eBay, Craigslist, etc.) to in any way promote the sale of AliveMax.com products, the AliveMax.com opportunity, or the Marketing and Compensation Plan is a breach of the Agreement and may result in any of the disciplinary sanctions set forth in Section 9.1.

 

4.2.2 - Blogs, Chat Rooms, Social Networks, Online Auctions, and other Online Forums

IMC’s shall not use online blogs, chat rooms, social networks, online auctions sites, or any other online forum to market, sell, advertise, promote, or discuss AliveMax.com’s services or the AliveMax.com opportunity. 

 

4.2.3 - Domain Names and Email Addresses

IMC’s may not use or attempt to register any of AliveMax.com’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain name.  Nor may IMC’s incorporate or attempt to incorporate any of the Company’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, into any electronic mail address.

 

4.2.4 -  Trademarks and Copyrights

AliveMax.com will not allow the use of its trade names, trademarks, designs, or symbols by any person, including IMC’s, or Customers without its prior, written permission. IMC’s may not produce for sale or distribution any recorded Company events and speeches without written permission from AliveMax.com nor may IMC’s reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.

 

 

 

 

 

 

4.2.5 - Media and Media Inquiries

IMC’s must not attempt to respond to media inquiries regarding AliveMax.com, its products, services, or their independent AliveMax.com business.  All inquiries by any type of media must be immediately referred to AliveMax.com’s Operations Department.  This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.

 

4.2.6 -  Unsolicited Email

AliveMax.com does not permit IMC’s to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any email sent by an IMC that promotes AliveMax.com products , the AliveMax.com opportunity, or AliveMax.com 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 he or she 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 IMC’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 honored. If an IMC receives an opt-out request from a recipient of an email, the IMC must forward the opt-out request to the Company.

g)      The IMC must inform the recipient that the email is not from AliveMax.com and reveal the name of the third party email provider.


      AliveMax.com may periodically send commercial emails on behalf of IMC’s.  By entering into the IMC Agreement, IMC agrees that the Company may send such emails and that the IMC’s physical and email addresses will be included in such emails as outlined above.  IMC’s shall honor opt-out requests generated as a result of such emails sent by the Company.

 

4.2.7 - Unsolicited Faxes

      Except as provided in this section, IMC’s may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their AliveMax.com businesses.  The term “automatic telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.  The terms "unsolicited faxes" means the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting AliveMax.com , product, services, its compensation plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax or e-mail: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the IMC has an established business or personal relationship.  The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between an IMC and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products or services offered by such IMC; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party. 

 

4.3 - Bonus Buying Prohibited

Bonus buying is strictly and absolutely prohibited. “Bonus Buying” includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Independent IMC Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an IMC or Subscriber; (c) the enrollment or attempted enrollment of non-existent individuals or entities as IMC’s or Subscribers (“phantoms”); (d) Purchasing AliveMax.com  products or services on behalf of another IMC or Subscriber, or under another IMC’s or Subscriber’s I.D. number, to qualify for commissions or bonuses; (e) the

submission of an unauthorized request for products or service to an individual’s or entity’s credit card (or bank account) and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bona fide service subscriptions by end user consumers. 

 

4.4 - Business Entities

A corporation, limited liability company (LLC), partnership or trust (collectively referred to in this section as a  (“Business Entity”) may apply to be an AliveMax.com  IMC by submitting its Certificate of incorporation, Certificate of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to AliveMax.com , along with a properly completed Business Entity Registration Form.  If an IMC enrolls online, the Entity Documents and Business Entity Registration Form must be submitted to AliveMax.com  within 30 days of the online enrollment. (If not received within the 30-day period, the IMC Agreement shall automatically terminate.)  The Business Entity Registration Form must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to AliveMax.com.

 

      Regarding transfers and assignments of AliveMax.com Business.

      If an additional partner, shareholder, member, or other business entity affiliate is added to a business entity, the original applicant must remain as a party to the original IMC Application and Agreement.  If the original IMC wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business. If this process is not followed, the business shall be canceled upon the withdrawal of the original IMC.  All bonus and commission checks will be sent to the address of record of the original IMC.  Please note that the modifications permitted within the scope of this paragraph do not include a change of sponsorship.  Changes of sponsorship are addressed in Section 4.5, below.  There is a $25.00 fee for each change requested, which must be included with the written request and the completed IMC Application and Agreement.  AliveMax.com may, at its discretion, require notarized documents before implementing any changes to an AliveMax.com business.  Please allow thirty (30) days after the receipt of the request by AliveMax.com for processing.

 

 

 

 

 

Changes to a Business Entity

An AliveMax.com business may change its status under the same Placement Sponsor from an individual to a partnership, LLC, corporation or trust, or from one type of entity to another.  There is a $25.00 fee for each change requested, which must be included with the written request and the completed IMC Application and Agreement.  Such changes shall be processed only once per year and must be submitted by November 30 to become effective on January 1 of the following year.  In addition, IMC’s operating their AliveMax.com business utilizing a business entity must notify AliveMax.com of the addition or removal of any officers, directors, shareholders, managers, members or business associates of the business entity.

     

4.5 - Change of Placement Sponsor

      To protect the integrity of all marketing organizations and safeguard the hard work of all IMC’s, AliveMax.com strongly discourages changes in sponsorship.  Maintaining the integrity of sponsorship is critical for the success of every IMC and marketing organization. Accordingly, the transfer of an AliveMax.com business from one Placement Sponsor to another is rarely permitted and must be approved in writing by AliveMax.com. Such approval may be granted or denied at AliveMax.com’s sole and absolute discretion.

 

      Requests for change of sponsorship must be submitted in writing to the IMC Services Department, and must include the reason for the transfer.  Transfers will only be considered in the following three circumstances:

 

4.5.1 - Misplacement

In cases in which the new IMC is placed under a Placement Sponsor other than the individual he or she was led to believe would be his or her Placement Sponsor, an IMC may request that he or she be transferred to another organization with his or her entire marketing organization intact.  Requests for transfer under this policy must be made within 60 days from the date of enrollment and the IMC requesting the change has the burden of proving that he or she was placed beneath the wrong Placement Sponsor.  All requests for transfer alleging misplacement shall be evaluated on a case by case basis. 

 

4.5.2 - Upline Approval

The IMC seeking to transfer submits a properly completed and fully executed Letter of Sponsorship Transfer Request which includes the written approval of his or her immediate up-

line IMC’s and all parties whose income will be affected by the transfer.    Photocopied or facsimile signatures are not acceptable.  All IMC signatures must be notarized.  The IMC who requests the transfer must submit a fee of $50.00 for administrative charges and data processing.  If the transferring IMC also wants to move any of the IMC’s in his or her marketing organization, each down-line IMC must also obtain a properly completed Letter of Sponsorship Transfer Request and return it to AliveMax.com with the $50.00 change fee (i.e., the transferring IMC and each IMC in his or her marketing organization multiplied by $50.00 is the cost to move an AliveMax.com business.)  Down-line IMC’s will not be moved with the transferring IMC unless all of the requirements of this paragraph are met.  Transferring IMC’s must allow thirty (30) days after the receipt of the Letter of Sponsorship Transfer Request by AliveMax.com for processing and verifying change requests. 

 

In cases where in the appropriate sponsorship change procedures have not been followed, and a down-line organization has been developed by an IMC, AliveMax.com reserves the sole and exclusive right to determine the final disposition of the down-line organization.  Resolving conflicts over the proper placement of a down-line that has developed under an organization that has improperly switched Placement Sponsors is often extremely difficult.  Therefore, IMC’S WAIVE ANY AND ALL CLAIMS AGAINST ALIVEMAX.COM  THAT RELATE TO OR ARISE FROM ALIVEMAX.COM ’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP. 

 

4.5.3- Cancellation and Re-application

An IMC may legitimately change organizations by voluntarily canceling his or her AliveMax.com business and remaining inactive (i.e., no sales of AliveMax.com products, no enrolling or sponsoring of IMC’s, no customers,  no attendance at any AliveMax.com functions, participation in any other form of IMC activity, or operation of any other AliveMax.com  business) for six (6) full calendar months.  Following the six month period of inactivity, the former IMC may reapply under a new Enroller and/or Placement Sponsor. 

 

4.6 - Unauthorized Claims and Actions Indemnification

An IMC is fully responsible for all of his or her verbal and written statements made regarding AliveMax.com products, services and the Marketing and Compensation Plan which are not expressly contained in official AliveMax.com materials.  IMC’s agree to indemnify AliveMax.com  and AliveMax.com’s directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by AliveMax.com as a result of the IMC’s unauthorized representations or actions.  This provision shall survive the termination of the IMC Agreement.

 

4.6.1-Product Claims

No claims (which include personal testimonials) regarding the results, features or benefits of AliveMax.com’s products or services may be made except those that are consistent with the claims contained in official AliveMax.com literature.  Not only do such claims violate  AliveMax.com policies, but they potentially violate federal and state, country laws and regulations, including in the U.S.A. the Federal Trade Commission Act.

 

4.6.2-Income Claims

In their enthusiasm to enroll prospective IMC’s, some IMC’s are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing.  This is counterproductive because new IMC’s may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved.  At AliveMax.com we firmly believe that the AliveMax.com income potential is great enough to be highly attractive, without reporting the earnings of others.

 

Moreover, the Federal Trade Commission, several states and many country’s have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing.  While IMC’s may believe it beneficial to provide copies of checks, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact AliveMax.com , as well as the IMC making the claim unless appropriate disclosures required by law are also made contemporaneously with the

income claim or earnings representation.  Because AliveMax.com IMC’s do not have the data necessary to comply with the legal requirements for making income claims, an IMC, when presenting or discussing the AliveMax.com opportunity or Marketing and Compensation Plan to a prospective IMC, may not make income projections, income claims, or disclose his or her AliveMax.com income (including the showing of checks, copies of checks, bank statements, or tax records). 

 

4.7 - Commercial Outlets

IMC’s may not sell AliveMax.com products from a commercial outlet, nor may IMC’s display or sell AliveMax.com products, services or literature in any retail or service establishment.

 

4.8 - Trade Shows, Expositions and Other Sales Forums

      IMC’s may display and/or sell AliveMax.com products or services at trade shows and professional expositions.  Before submitting a deposit to the event promoter, IMC’s must contact the IMC Services Department in writing for conditional approval, as AliveMax.com’s policy is to authorize only one AliveMax.com business per event.   Final approval will be granted to the first IMC who submits an official advertisement of the event, a copy of the contract signed by both the IMC and the event official, and a receipt indicating that a deposit for the booth has been paid.  Approval is given only for the event specified.  Any requests to participate in future events must again be submitted to the IMC Services Department.  AliveMax.com further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products or services or the AliveMax.com opportunity.  Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image AliveMax.com wishes to portray.

 

4.9 - Conflicts of Interest Non-solicitation

AliveMax.com IMC’s are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”).  However, during the term of this Agreement, IMC’s may not Recruit other AliveMax.com  IMC’s or Customers for any other network marketing business.  Following the cancellation of this Agreement, and for a period of six months thereafter, with the exception of an IMC who is (a) personally enrolled by the former IMC; and (b) who is on the former IMC’s first downline level (“frontline”) [criteria (a) and (b) must both be met], a former IMC may not Recruit any AliveMax.com IMC or Customer for another network marketing business.  IMC’s and the Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective.  Therefore, IMC’s and AliveMax.com agree that this non-solicitation provision shall apply to all markets in which AliveMax.com conducts business. 

 

     

      IMC’s must not sell, or attempt to sell, any competing non-AliveMax.com  programs, products or services to AliveMax.com Customers or IMC’s.  Any program or service in the same generic category as AliveMax.com services is deemed to be competing, regardless of differences in cost, functionality or features.

 

      IMC’s may not display AliveMax.com services or promotional material with any other promotional material, products or services in a fashion that might in any way confuse or mislead a prospective Customer or IMC into believing there is a relationship between the AliveMax.com  and the non-AliveMax.com products or services.  IMC’s may not offer the AliveMax.com  opportunity or services to prospective or existing Subscribers or IMC’s in conjunction with any non-AliveMax.com program, opportunity, product or service.  IMC’s may not offer any non-AliveMax.com opportunity, products or services at any AliveMax.com -related meeting, seminar or convention, or immediately following such event.

 

4.9.1 - Downline Activity (Genealogy) Reports

      Downline Activity Reports are available for IMC access and viewing at AliveMax.com’s official web site.  IMC access to their Downline Activity Reports is password protected.  All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to AliveMax.com.  Downline Activity Reports are provided to IMC’s in strictest confidence and are made available to IMC’s for the sole purpose of assisting IMC’s in working with their respective Downline Organizations in the development of their AliveMax.com business.  IMC’s should use their Downline Activity Reports to assist, motivate, and train their downline IMC’s. The IMC and AliveMax.com agree that, but for this agreement of confidentiality and nondisclosure, AliveMax.com  would not provide Downline Activity Reports to the IMC.  An IMC shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:

 

a)      Directly or indirectly disclose any information contained in any Downline Activity Report to any third party;

b)      Directly or indirectly disclose the password or other access code to his or her Downline Activity Report;

c)      Use the information contained in any Downline Activity Report to compete with AliveMax.com  or for any purpose other than promoting or supporting his or her AliveMax.com  business; or

d)     Recruit or solicit any IMC or Subscriber listed on any Downline Activity Report, or in any manner attempt to influence or induce any IMC or Subscriber , to alter their business relationship with AliveMax.com.

 

      Upon demand by the Company, any current or former IMC will return the original and all copies of Downline Activity Reports to the Company.

 

 

 

 

 

 

4.10 - Targeting Other Direct Sellers

      AliveMax.com neither condones IMC’s specifically or consciously targeting the sales force of another direct sales company to sell AliveMax.com products or to become IMC’s or Customers for AliveMax.com ,nor does AliveMax.com condone IMC’s solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company.  Should IMC’s engage in such activity, they bear the risk of being sued by the other direct sales company.  If any lawsuit, arbitration or mediation is brought against an IMC alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, AliveMax.com will not pay any of IMC’s defense costs or legal fees. AliveMax.com will not indemnify the IMC for any judgment, award, or settlement.  

 

4.11 - Cross-Enrolling

Actual or attempted cross sponsoring is strictly prohibited.  “Cross Enrolling” is defined as the enrollment of an individual who or entity that already has a current AliveMax.com IMC or Customer Agreement on file with AliveMax.com , or who has had such an agreement within the preceding six calendar months, within a different line of sponsorship.  The use of a spouse’s or relative’s name, trade names, DBA's, assumed names, corporations, partnerships, trusts, federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited.  IMC’s shall not demean, discredit or defame other AliveMax.com  IMC’s in an attempt to entice another IMC to become part of the first IMC’s marketing organization. 

 

      If Cross Enrolling is discovered, it must be brought to the Company’s attention immediately.  AliveMax.com may take disciplinary action against the IMC that changed organizations and/or those IMC’s who encouraged or participated in the Cross Enrolling.  AliveMax.com may also move all or part of the offending IMC’s downline to his or her original downline organization if the Company deems it equitable and feasible to do so.  However, AliveMax.com is under no obligation to move the Cross Enrolled IMC’s downline organization, and the ultimate disposition of the organization remains within the sole discretion of AliveMax.com .  IMC’s waive all claims and causes of action against AliveMax.com  arising from or relating to the disposition of the Cross Enrolled IMC’s downline organization.

 

4.12 - Errors or Questions

If an IMC has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the IMC must notify AliveMax.com in writing within 60 days of the date of the purported error or incident in question.  AliveMax.com will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.

 

4.13 - Governmental Approval or Endorsement

      Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs.  Therefore, IMC’s shall not represent or imply that AliveMax.com or its Marketing and Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government or country agency.

 

 

4.14 - Holding Applications or Orders

      IMC’s must not manipulate enrollments of new applicants and purchases of AliveMax.com  services.  All IMC Applications and Agreements and service subscriptions must be sent to AliveMax.com within 72 hours from the time they are signed by an IMC or placed by a Customer, respectively.

 

4.15 - Identification

All IMC’s are required to provide their Social Security Number, a Federal Employer Identification Number or Country Card number to AliveMax.com on the IMC Application and Agreement.  Upon enrollment, the Company will provide a unique IMC Identification Number to the IMC by which he or she will be identified.  This number will be used to place orders, and track commissions and bonuses.

 

4.16 - Income Taxes

Each IMC is responsible for paying local, state and federal taxes on any income generated as an Independent IMC.  If an AliveMax.com business is tax exempt, the Federal tax identification number or other such exempt documentation must be provided to AliveMax.com. Every year, AliveMax.com  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.

During enrollment, we do not collect your Social Security number, or EIN. When you have reached an income level of $600 we are required by federal law to collect this information. When you have received payments that are equal to or more than $600 we will request that you provide us with this data.  You will not be allowed access to you web site back office or to continue as an IMC until we receive this information.

4.17 - Independent Contractor Status

IMC’s are independent contractors, and are not purchasers of a franchise or a business opportunity. The agreement between AliveMax.com and its IMC’s does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the IMC. IMC’s shall not be treated as an employee for his or her services or for Federal or State Country tax purposes.  All IMC’s are responsible for paying local, state, federal and country taxes due from all compensation earned as an IMC of the Company.  The IMC has no authority (expressed or implied), to bind the Company to any obligation.  Each IMC shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the IMC Agreement, these Policies and Procedures, and applicable laws.

 

The name of AliveMax.com  and other names as may be adopted by AliveMax.com are proprietary trade names, trademarks and service marks of AliveMax.com . As such, these marks are of great value to AliveMax.com and are supplied to IMC’s for their use only in an expressly authorized manner. Use of AliveMax.com name on any item not produced by the Company is prohibited except as follows:

 

                        IMC's Name

                        AliveMax.com  Independent Marketing Consultant

 

      All IMC’s may list themselves as an “AliveMax.com  Independent Marketing Consultant” in the white or yellow pages of the telephone directory under their own name.  No IMC may place telephone directory display ads using AliveMax.com’s name or logo.  IMC’s may not answer the telephone by saying “AliveMax.com ”, “AliveMax.comorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of AliveMax.com.

 

4.18 - Insurance

      You may wish to arrange insurance coverage for your business.  Your homeowner’s insurance policy probably does not cover business-related injuries, or the theft of or damage to inventory or business equipment.  Contact your insurance agent to make certain that your business property is protected.  This can often be accomplished with a simple “Business Pursuit” endorsement attached to your present home owner’s policy.

 

4.19 - International Marketing

      Because of critical technological, legal, and tax considerations, AliveMax.com must limit the sale of AliveMax.com products, services and the presentation of the AliveMax.com business to prospective Customers and IMC’s located within the United States ,U.S. Territories and those other countries that the Company has announced are officially opened for business.  Moreover, allowing a few IMC’s to conduct business in markets not yet opened by AliveMax.com would violate the concept of affording every IMC the equal opportunity to expand internationally.

 

      Accordingly, IMC’s are authorized to sell AliveMax.com products and services and enroll other IMC’s only in the countries in which AliveMax.com is authorized to conduct business, as announced in official Company literature.  IMC’s may sell, give, transfer, or distribute AliveMax.com  sales aids only in their home country.  In addition, no IMC may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential Customers or IMC’s; or (c) conduct any other activity for the purpose of selling AliveMax.com products, establishing a marketing organization, or promoting the AliveMax.com  opportunity.

 

4.20 - Adherence to Laws and Ordinances

      IMC’s shall comply with all federal, state, local and international laws and regulations in the conduct of their businesses.  Many cities, counties and country’s have laws regulating certain home-based businesses.  In most cases these ordinances are not applicable to IMC’s because of the nature of their business.  However, IMC’s must obey those laws that do apply to them.  If a city, county or country official tells an IMC that an ordinance applies to him or her, the IMC shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of AliveMax.com. In most cases there are exceptions to the ordinance that may apply to AliveMax.com  Customers or IMC’s.

 

4.21 - Minors

      A person who is recognized as a minor in his/her state or country of residence may not be an AliveMax.com  IMC.  IMC’s shall not enroll or recruit minors into the AliveMax.com program.

 

4.22 - One AliveMax.com  Business Per IMC and Per Household

      An IMC may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one AliveMax.com business.  No individual may have, operate or receive compensation from more than one AliveMax.com   business.  Individuals of the same family unit may not enter into or have an interest in more than one AliveMax.com business.  A “family unit” is defined as spouses and dependent children living at or doing business at the same address.

 

      In order to maintain the integrity of the AliveMax.com Marketing and Compensation Plan, husbands and wives or common-law couples (collectively “spouses”) who wish to become AliveMax.com IMC’s must be jointly enrolled as one AliveMax.com business.  Spouses, regardless of whether one or both are signatories to the IMC Application and Agreement, may not own or operate any other AliveMax.com business, either individually or jointly, nor may they participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or any other legal or equitable ownership) in the ownership or management of another AliveMax.com  business in any form.

 

      An exception to the one business per IMC rule will be considered on a case by case basis if two IMC’s marry or in cases of an IMC receiving an interest in another business through inheritance or divorce.  Requests for exceptions to policy must be submitted in writing.

 

4.23 - Actions of Household Members or Affiliated Individuals

      If any member of an IMC’s immediate household engages in any activity which, if performed by the IMC, would violate any provision of the Agreement, such activity will be deemed a violation by the IMC and AliveMax.com may take disciplinary action pursuant to the Statement of Policies against the IMC.  Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively “affiliated individual”) violates the Agreement, such action(s) will be deemed a violation by the entity, and AliveMax.com may take disciplinary action against the entity.

 

4.24 - Requests for Records

      Any request from an IMC for copies of invoices, applications, downline activity reports, or other records will require a fee of $1.00 per page per copy.  This fee covers the expense of mailing and time required to research files and make copies of the records.

 

4.25 - Roll-up of Marketing Organization

      When a vacancy occurs in a Marketing Organization due to the termination of an AliveMax.com business, each IMC in the first level immediately below the terminated IMC on the date of the cancellation will be moved to the first level (“front line”) of the terminated IMC’s Placement Sponsor.  For example, if A is the Placement Sponsor of B, and B is the Placement Sponsor of C1, C2, and C3, if B terminates her business, C1, C2, and C3 will “roll-up” to A and become part of A’s first level.

 

4.26 - Sale, Transfer or Assignment of AliveMax.com  Business

      Although an AliveMax.com business is a privately owned, independently operated business, the sale, transfer or assignment of an AliveMax.com business is subject to certain limitations. 

If an IMC wishes to sell his or her AliveMax.com business, the following criteria must be met:

 

a)      Protection of the existing line of sponsorship must always be maintained so that the AliveMax.com business continues to be operated in that line of sponsorship. 

b)      The buyer or transferee must become a qualified AliveMax.com  IMC.  If the buyer is an active AliveMax.com IMC, he or she must first terminate his or her AliveMax.com  business and wait six calendar months before acquiring any interest in the new AliveMax.com business.

c)      Before the sale, transfer or assignment can be finalized and approved by AliveMax.com , any debt obligations the selling IMC has with AliveMax.com  must be satisfied.

d)     The selling IMC must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign an AliveMax.com  business.

 

Prior to selling an AliveMax.com business, the selling IMC must submit a letter of request to AliveMax.com for permission to sell the AliveMax.com business. 

Upon a complete execution of the purchase and sale agreement, the parties must submit copies of the same to the AliveMax.com for review.  AliveMax.com reserves the right to request additional documentation that may be necessary to analyze the transaction between the buyer and seller.  AliveMax.com will, in its sole and absolute discretion, approve or deny the sale, transfer or assignment within 30 days after its receipt of all necessary documents from the parties.

 

If the parties fail to obtain AliveMax.com’s approval for the transaction, the transfer shall be voidable at AliveMax.com’s option. The purchaser of the existing  AliveMax.com business will assume the obligations and position of the selling IMC. An IMC who sells his or her AliveMax.com  business shall not be eligible to re-apply as an AliveMax.com IMC for a period of at least six full calendar months after the date of the sale. 

 

No changes in line of sponsorship can result from the sale or transfer of an AliveMax.com  business.

 

4.27 - Separation of an AliveMax.com  Business

AliveMax.com IMC’s sometimes operate their AliveMax.com businesses as husband-wife partnerships, regular partnerships, corporations, or trusts.  At such time as a marriage may end in divorce or a corporation, partnership or trust (the latter three entities are collectively referred to herein as “entities”) may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship.  If the separating parties fail to provide for the best interests of other IMC’s and the Company in a timely fashion, AliveMax.com will involuntarily terminate the IMC Agreement and roll-up their entire organization.

 

      During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:

 

a)      One of the parties may, with consent of the other(s), operate the AliveMax.com  business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize AliveMax.com to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.

 

b)                  The parties may continue to operate the AliveMax.com business jointly on a “business-as-usual” basis, whereupon all compensation paid by AliveMax.com will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings.  This is the default procedure if the parties do not agree to the format set forth above.

 

      Under no circumstances will the Downline Organization of divorcing spouses or a dissolving business entity be divided.  Similarly, under no circumstances will AliveMax.com split commission and bonus checks, contest winnings, or awards between divorcing spouses or members of dissolving entities.  AliveMax.com will recognize only one Downline Organization and will issue only one commission check per AliveMax.com business per commission cycle.  Commission checks shall always be issued to the same individual or entity.  In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the Company, the IMC Agreement shall be involuntarily canceled.

 

      If a former spouse has completely relinquished all rights in the original AliveMax.com  business pursuant to a divorce, he or she is thereafter free to enroll under any Enroller and Placement Sponsor of his or her choosing without waiting six calendar months.  In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as an IMC.  In either case, however, the former spouse or business affiliate shall have no rights to any IMC’s in their former organization or to any former Subscriber.  They must develop the new business in the same manner as would any other new IMC.

 

4.28 - Enrolling

      All active IMC’s in good standing have the right to enroll others into AliveMax.com. Each prospective Customer or IMC has the ultimate right to choose his or her own Enroller and or Placement Sponsor. If  two IMC’s claim to be the Enroller or Placement Sponsor of the same new IMC or Customer, the Company shall regard the first application received by the Company as controlling.

 

4.29 - Succession

Upon the death or incapacitation of an IMC, his or her business may be passed to his or her heirs.  Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper.  Accordingly, an IMC should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument.  Whenever an AliveMax.com business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased IMC’s marketing organization provided the following qualifications are met.  The successor(s) must:

 

a)   Complete and execute an IMC Agreement;

b)   Comply with terms and provisions of the Agreement; and

c)   Meet all of the qualifications for the deceased IMC’s status.

 

Bonus and commission checks of an AliveMax.com business transferred pursuant to this section will be paid in a single check jointly to the devisees.  The devisees must provide AliveMax.com  with an “address of record” to which all bonus and commission checks will be sent.  If the business is bequeathed to joint devisees, they must form a business entity and acquire a federal taxpayer Identification number.  AliveMax.com  will issue all bonus and commission checks and one 1099 to the business entity.

 

4.30 - Transfer Upon Death of an IMC

To effect a testamentary transfer of an AliveMax.com  business, the successor must provide the following to AliveMax.com : (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor’s right to the AliveMax.com  business; and (3) a completed and executed IMC Agreement.

 

4.31 - Transfer Upon Incapacitation of an IMC

To effectuate a transfer of an AliveMax.com  Business because of incapacity, the successor must provide the following to AliveMax.com: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the AliveMax.com business; and (3) a completed IMC Agreement executed by the trustee.

 

4.32 - Telemarketing Techniques  

The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices.  Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws.  Although AliveMax.com  does not consider IMC’s to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law.  Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation). 

 

Therefore, IMC’s must not engage in telemarketing in the operation of their AliveMax.com  businesses.  The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of an AliveMax.com  service, or to recruit them for the AliveMax.com  opportunity.  “Cold calls" made to prospective Subscribers or IMC’s that promote either AliveMax.com’s services or the AliveMax.com  opportunity constitutes telemarketing and is prohibited.  However, a telephone call(s) placed to a prospective Subscriber or IMC (a "prospect") is permissible under the following situations:           

 

a)   If the IMC has an established business relationship with the prospect.  An “established business relationship” is a relationship between an IMC and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the IMC, or a financial transaction between the prospect and the IMC, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.

 

b)   The prospect’s personal inquiry or application regarding a product or service offered by the IMC, within the three (3) months immediately preceding the date of such a call.

 

c)   If the IMC receives written and signed permission from the prospect authorizing the IMC to call.  The authorization must specify the telephone number(s) which the IMC is authorized to call.

 

d)   You may call family members, personal friends, and acquaintances.  An “acquaintance” is someone with whom you have at least a recent first-hand relationship within the preceding three months.  Bear in mind, however, that if you make a habit of “card collecting” with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption.   Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice.     

 

e)   In addition, IMC’s shall not use automatic telephone dialing systems relative to the operation of their AliveMax.com business. The term “automatic telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.

 

SECTION 5 - RESPONSIBILITIES OF IMC’S

 

5.1 - Change of Address or Telephone

To ensure timely delivery of support materials and bonus and commission checks, it is critically important that the AliveMax.com’s files are current.  Street addresses are required for shipping.  IMC’s planning to move should [update their personal information via the Back Office function of the IMC’s replicated AliveMax.com  website] ~or~ [send their new address and telephone numbers to AliveMax.com’s Corporate Offices to the attention of the IMC Services Department]. To guarantee proper delivery, two weeks advance notice must be provided to AliveMax.com on all changes. 

 

5.2 - Continuing Development Obligations

5.2.1 - Ongoing Training

      Any IMC who is the Placement Sponsor of another IMC must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her AliveMax.com business.  IMC’s must have ongoing contact and communication with the IMC’s in their Downline Organizations.  Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline IMC’s to AliveMax.com  meetings, training sessions, webinars and other functions.  Upline IMC’s are also responsible to motivate and train new IMC’s in AliveMax.com  product knowledge, effective sales techniques, the AliveMax.com Marketing and Compensation Plan, and compliance with Company Policies and Procedures. 

 

      IMC’s must monitor the IMC’s in their Downline Organizations to ensure that downline IMC’s do not make improper service or business claims, or engage in any illegal or inappropriate conduct.  Upon request, every IMC should be able to provide documented evidence to AliveMax.com of his or her ongoing fulfillment of the responsibilities of a Sponsor.

 

 

5.2.2 - Increased Training Responsibilities

As IMC’s progress through the various levels of leadership, they will become more experienced in sales techniques, service knowledge, and understanding of the AliveMax.com  program.  They will be called upon to share this knowledge with lesser experienced IMC’s within their organization.

 

5.2.3 - Ongoing Sales Responsibilities

Regardless of their level of achievement, IMC’s have an ongoing obligation to continue to personally promote sales through the generation of new Customers and through servicing their existing Customers.

 

5.3 - Nondisparagement

AliveMax.com wants to provide its independent IMC’s with the best Products, Compensation Plan, and Service in the industry.  Accordingly, we value your constructive criticisms and comments.  All such comments should be submitted in writing to the Customer Service Department.  Remember, to best serve you, we must hear from you!  While AliveMax.com welcomes constructive input, negative comments and remarks made in the field by IMC’s about the Company, its services, or compensation plan serve no purpose other than to sour the enthusiasm of other AliveMax.com IMC’s.  For this reason, and to set the proper example for their downline, IMC’s must not disparage, demean, or make negative remarks about AliveMax.com, other AliveMax.com  IMC’s, AliveMax.com’s services, the Marketing and Compensation plan, or AliveMax.com’s directors, officers, or employees. 

 

5.4 - Providing Documentation to Applicants

IMC’s must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are enrolling to become IMC’s before the applicant signs an IMC Agreement.  Additional copies of Policies and Procedures and Compensation Plan can be downloaded from AliveMax.com’s website and or the IMC web site back office.

 

5.5 - Reporting Policy Violations

IMC’s observing a Policy violation by another IMC should submit a written report of the violation directly to the attention of the AliveMax.com  Compliance Department.  Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.

 

 

SECTION 6 - SALES REQUIREMENTS

 

6.1 - Product Sales

The AliveMax.com Marketing and Compensation Plan is based on the sale of AliveMax.com  Products to end consumers.  IMC’s must fulfill personal and Downline Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement.  The following sales requirements must be satisfied for IMC’s to be eligible for commissions:

 

a)      IMC’s must satisfy the Personal Customer Point Value and Group Customer Point Value requirements associated with their rank as specified in the AliveMax.com  Marketing and Compensation Plan.  Personal Customer Point Value includes purchases made by the IMC’s personal Retail Subscribers.  Group Customer Point Value shall include the total Personal Customer Point Value of all IMC’s  in his or her marketing organization, but shall not include the IMC’s Personal Customer Point Value.

 

b)       At least 70% of an IMC’s total monthly Personal Customer Points Value must be derived from sales made to personal Retail Subscribers.

 

 

6.2 - No Territory Restrictions

There are no exclusive territories granted to anyone.  No franchise fees are required.

 

6.3 - Offline Product Customers

All IMC’s who make offline sales must provide their product customers with two copies of a Sales Receipt at the time of the sale.  The sales receipt contains the AliveMax.com Product Guarantee as well as any consumer protection rights afforded by federal or state or country law.  IMC’s must maintain their copies of all sales receipts for a period of two years and furnish them to AliveMax.com at the Company’s request. 

 

      Remember that Retail Subscribers must receive two copies of the Service Subscription.  In addition, IMC’s must orally inform the Retail Subscriber of his or her cancellation rights.

 

6.4 - Fundraising Programs

An AliveMax.com business may be operated for fundraising purposes.  However, if you are using your AliveMax.com business in a fundraising program for any entity or individual, you must not represent or imply to anyone that any purchase they make from you will be for the benefit of any charitable purpose or program. 

 

 

SECTION 7 - BONUSES AND COMMISSIONS

 

7.1 - Bonus and Commission Qualifications

      An IMC must be active and in compliance with the Agreement to qualify for bonuses and commissions.  So long as an IMC complies with the terms of the Agreement, AliveMax.com  shall pay commissions to such IMC in accordance with the Marketing and Compensation plan.   The minimum amount for which AliveMax.com will issue a check is $20.00.  If an IMC’s bonuses and commissions do not equal or exceed $20.00, the Company will accrue the commissions and bonuses until they total $20.00.  A check will be issued once $20.00 has been accrued.

 

 

 

 

7.2 - Adjustment to Bonuses and Commissions

7.2.1 - Adjustments for Cancelled Product or Auto-Ship

      IMC’s receive bonuses and commissions based on the actual sales of products to end consumers.  When an auto-ship or direct sales customer is cancelled and the Customers entitled to a refund, the bonuses and commissions attributable to the refunded products(s) will be deducted, in the month in which the refund is given, and continuing every pay period thereafter until the commissions and bonuses are recovered, from the IMC’s who received bonuses and commissions on the sales of the refunded products(s). 

 

7.2.2 - Other Deductions

            AliveMax.com provides genealogy and commission reports at the IMC’s web site back office. AliveMax.com will not provide a printed genealogy report.  However upon written request we will provide printed commission reports. AliveMax.com will deduct from all bonus and commission checks a data processing fee of $.01 per line for commission reports sent to IMC’s.  The maximum fee is $5.00.

 

7.3 - Reports

      All information provided by AliveMax.com in online or electronic downline activity reports, including but not limited to personal and group sales volume (or any part thereof), and downline enrollment and sponsoring activity is believed to be accurate and reliable.  Nevertheless, due to various factors including the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; cancelled services; credit card and electronic check charge-backs; the information is not guaranteed by AliveMax.com or any persons creating or transmitting the information.

 

 

      ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER.  IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON‑INFRINGEMENT.

 

      TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALIVEMAX.COM  AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY IMC OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF ALIVEMAX.COM  OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY LAW, ALIVEMAX.COM OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.

 

      Access to and use of AliveMax.com’s online reporting services and your reliance upon such information is at your own risk.  All such information is provided to you "as is".  If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to AliveMax.com’s online and telephone reporting services and your reliance upon the information.

 

 

SECTION 8 - PRODUCT  GUARANTEES AND SALES AID REPURCHASES

 

8.1 - Product Guarantee

      AliveMax.com offers a 100% money-back satisfaction guarantee to all Customers and IMC’s. If, for any reason, a Customer or IMC is dissatisfied with any AliveMax.com  product, the Customer or IMC may request a refund minus shipping and handling within 30 days of purchase and receive a full refund of the purchase price.

 

8.2 - IMC and Customer 3-Day Right to Cancel

In addition AliveMax.com Guarantee’s, under Federal and State laws, a Customer or IMC who makes any initial purchase has three business days after the sale or execution of product purchase or IMC agreement to cancel the and receive a full refund consistent with this document.  In any case where an IMC makes a direct product sale to a Customer and receives money directly for an order or for the enrollment of an IMC if the individual wants to cancel or requests a refund within the three day period, the IMC must promptly refund any payments made by the Customer or the prospective IMC under the service subscription agreement.  Additionally, IMC’s must orally inform Customers of their right to rescind an IMC agreement or to request a product refund within three days, and ensure that the date of the order or purchase is entered on the order form. 

In the case of IMC or Customer online sales and/or enrollments 3 Day Right To Cancel Refunds, please contact customer service by email or telephone.

 

8.3 - Return of Product or Sales Aids by IMC’s Upon Cancellation

      Upon cancellation of an IMC’s Agreement, the IMC may return his or her Starter Kit, any sales aids and products that are within expiration date and sealed in his or her possession for a refund.  IMC’s may only return Starter Kits and sales aids and products that he or she personally purchased and which are in Resalable condition.  Upon receipt of a Resalable Starter Kit and/or Resalable sales aids, and products the IMC will be reimbursed 90% of the net cost of the original purchase price(s).  Shipping charges incurred by an IMC when the Starter Kit, sales aids and products purchased will not be refunded.  If the purchases were made through a credit card or ACH, the refund will be credited back to the same account. 

 

 

 

8.3.1 - International Residents

International residents may cancel his or her IMC Agreement within 30 days from the date of enrollment, and may return his or her Starter Kit, sales aids and products for a full refund minus shipping and handling within such time period.

 

8.4 - Procedures for All Returns

      The following procedures apply to all returns for refund:

 

a)   The Starter Kit and other Resalable sales aids and products must be returned by the IMC who purchased it directly from AliveMax.com Products must be within expiration date and in factory sealed condition.

b)   All items to be returned must have a Return Authorization Number which is obtained by calling or emailing the Customer Services Department.  This Return Authorization Number must be written on each carton returned.

c)   The return is accompanied by a copy of the original dated retail sales receipt or shipping invoice.

d)   Proper shipping carton(s) and packing materials are to be used in packaging the item(s) being returned for replacement, and the best and most economical means of shipping is suggested.  All returns must be shipped to AliveMax.com pre-paid.  AliveMax.com does not accept shipping-collect packages.  The risk of loss in shipping for returned items shall be on the IMC.  If a returned item is not received by the Company’s Distribution Center, it is the responsibility of the IMC to trace the shipment.

 

Damaged Goods

      Always inspect the cartons you receive for damage.  If you feel that the damage is severe enough to compromise the integrity of the product contained inside, refuse to accept that specific carton and ask that it be returned.  You must do this at the point of delivery.  Never hesitate to do this…you have paid for these goods and expect them to arrive in good condition.  If damaged cartons have been delivered in your absence and you discover internal product damage contact a customer service representative immediately either by phone or email. A tracking number is on each carton or the shipping label.  Please have this number available for the representative.

    AliveMax.com may replace the damaged goods at no charge and make a claim with the carrier. You may be asked to hold the damaged goods until the carrier’s representative can inspect the shipment. Please do this. Failure to retain the goods for inspection will negate the claim and you will be charged for these goods.  This is for insurance purposes and can take as long as 6 weeks.

 

Concealed Damage

    Always open master cartons immediately and inspect the goods inside.  If you are reshipping or reselling the product without a prior inspection, you will lose the opportunity for a damaged goods claim.

 

 

 

 

Guarantee/Warranty

    AliveMax.com markets a variety of products.  The guarantee/warranty may vary depending on the specific product.  Be sure to carefully read and retain any materials that refer to warranty or guarantee and require a record of the sale in order to validate your guarantee/warranty.  In addition the AliveMax.com guarantee/warranty may specify whether the warranty is

unconditional, replacement only, for credit, refund, repair or replace.

 

Distribution Centers

    AliveMax.com is an international firm and utilizes a number of Distribution Centers in order to best serve our customers.  The Distribution Center address on your carton may not be the proper return address.  It is for that reason the “Return To” provided by Customer Service may not match the original “Shipped From” address.  Always use the return address provided by customer service.  You must have been issued a Return Authorization number from Customer Service in order to return any items to the Company. No refund or replacement will be made if the conditions of these rules are not met.

 

 

SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

 

9.1 - 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 IMC that, in the sole discretion of the Company may damage its reputation or goodwill, may result, at

AliveMax.com's discretion, in one or more of the following corrective measures:

 

·         Issuance of a written warning or admonition;

·         Requiring the IMC to take immediate corrective measures;

·         Imposition of a fine, which may be withheld from bonus and commission checks;

·         Loss of rights to one or more bonus and commission checks;

·         AliveMax.com may withhold from an IMC all or part of the IMC’s bonuses and commissions during the period that AliveMax.com is investigating any conduct allegedly in violation of the Agreement.  If an IMC’s business is canceled for disciplinary reasons, the IMC will not be entitled to recover any commissions withheld during the investigation period;

·         Suspension of the individual’s IMC Agreement for one or more pay periods;

·         Involuntary termination of the offender’s IMC Agreement;

·         Any other measure expressly allowed within any provision of the Agreement or which AliveMax.com deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the IMC’s policy violation or contractual breach;

·         In situations deemed appropriate by AliveMax.com the Company may institute legal proceedings for monetary and/or equitable relief.

 

 

9.2 - Grievances and Complaints

When an IMC has a grievance or complaint with another IMC regarding any practice or conduct in relationship to their respective AliveMax.com business, the complaining IMC should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's Sponsor.  If the matter involves interpretation or violation of Company policy, it must be reported in writing to the Company.  AliveMax.com will review the facts and resolve it. 

 

9.3 - Dispute Resolution Board

      The purpose of the Dispute Resolution Board is to: (1) review appeals of disciplinary sanctions; and (2) review matters between AliveMax.com  IMC’s.  After the response or settlement instituted by IMC Services has been denied or otherwise remains unresolved, the Dispute Resolution Board reviews evidence, deliberates, and responds to current outstanding issues on a collective basis. However, at any time, AliveMax.com may utilize the services of its legal counsel for dispute resolution.

 

      An IMC may submit a written request for a telephonic or in-person hearing within seven business days from the date of: (1) the written notice by AliveMax.com  of disciplinary action; or (2) the written decision of AliveMax.com regarding disputes between IMC’s.  All communication with AliveMax.com  and the IMC seeking resolution of a dispute must be in writing.  It is within the AliveMax.com’s discretion whether a claim is accepted for review.  If AliveMax.com agrees to review the matter, it shall schedule a hearing within 30 days of receipt of the IMC’s written request.  All evidence (e.g., documents, exhibits, etc.) that an IMC desires to have considered by AliveMax.com must be submitted to AliveMax.com  no later than seven business days before the date of the hearing.  The IMC shall bear all of the expenses related to his or her attendance and the attendance of any witnesses he or she desires to be present at the hearing.  The decision of AliveMax.com will be final and subject to no further review, except as provided in Section 9.4 below.  During the pendency of the claim before AliveMax.com, the IMC waives his or her right to pursue arbitration or any other remedy. 

 

      Following issuance of a disciplinary sanction, the disciplined IMC may appeal the sanction to AliveMax.com.  An IMC's appeal must be in writing and received by the Company within 15 days from the date of AliveMax.com's notice of the disciplinary sanction.  If the appeal is not received by AliveMax.com within the 15 day period, the sanction will be final.  The IMC must submit all supporting documentation with his or her appeal correspondence.  If the IMC files a timely appeal of a disciplinary sanction, AliveMax.com will review and reconsider the sanction, consider any other appropriate action, and notify the IMC in writing of its decision.

 

9.4 - Arbitration

      Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by 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.  IMC’s waive all rights to trial by jury or to any court.  All arbitration proceedings shall be held in the City of Orange County, California unless the laws of the state in which an IMC resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state.  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. The prevailing party shall be entitled to receive from the losing party 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.

 

      Nothing in these Policies and Procedures shall prevent AliveMax.com  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 AliveMax.com’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.

 

9.5 - Governing Law, Jurisdiction and Venue

      Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Orange County, State of California.  The Federal Arbitration Act shall govern all matters relating to arbitration.  The law of the State of California, U.S.A. shall govern all other matters relating to or arising from the Agreement.  Notwithstanding the foregoing, and the arbitration provision in Section 9.4, residents of the State of Louisiana shall be entitled to bring an action against AliveMax.com in their home forum and pursuant to Louisiana law. 

 

SECTION 10 - PAYMENT AND SHIPPING

 

10.1 - Returned Checks

      All checks returned by an IMC’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the IMC.  After receiving a returned check from a Customer or an IMC, all future orders must be paid by Credit Card, money order or cashier’s check.  Any outstanding balance owed to AliveMax.com  by an IMC for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.

 

10.2 - Restrictions on Third Party Use of Credit Cards and Checking Account Access

      An IMC shall not permit other IMC’s or Customers to use his or her credit card, or permit debits to his or her checking accounts, to enroll or to make purchases from the Company.

 

10.3 - Sales Taxes

      In designing the AliveMax.com opportunity, one of our guiding philosophies has been to free IMC’s from as many administrative, operational, and logistical tasks as possible.  In doing so, IMC’s are free to concentrate on those activities that directly affect their incomes, namely product sales and enrollment activities.  To these ends, AliveMax.com relieves IMC’s of the burdens of collecting and remitting sales taxes, filing sales tax reports, and keeping records relative to sales taxes. 

 

      By virtue of its business operations, AliveMax.com is required to charge sales taxes on all purchases made by IMC’s and Customers, and remit the taxes charged to the respective states.  and/or countries. Accordingly, AliveMax.com  will collect and remit sales taxes on behalf of IMC’s, based on the suggested retail price of the services, according to applicable tax rates in the state or province to which the shipment is destined.  If an IMC has submitted and AliveMax.com  has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the IMC.  Exemption from the payment of sales tax is applicable only to orders which are shipped to a state or country for which the proper tax exemption papers have been filed and accepted.  Applicable sales taxes will be charged on orders that are drop-shipped to another state.  Any sales tax exemption accepted by AliveMax.com is not retroactive.

 

SECTION 11 - INACTIVITY & CANCELLATION

 

11 - Effect of Cancellation

      So long as an IMC remains active and complies with the terms of the IMC Agreement and these Policies and Procedures, AliveMax.com shall pay commissions to such IMC in accordance with the Marketing and Compensation Plan.  An IMC’s bonuses and commissions constitute the entire consideration for the IMC's efforts in generating sales and all activities related to generating sales (including building a downline organization).  Following an IMC’s non-renewal of his or her IMC Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her IMC Agreement (all of these methods are collectively referred to as “cancellation”), the former IMC shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization.  An IMC whose business is cancelled will lose all rights as an IMC.  This includes the right to sell AliveMax.com products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the IMC’s former downline sales organization.  In the event of cancellation, IMC’s agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization.

 

      Following an IMC’s cancellation of his or her IMC Agreement, the former IMC shall not hold himself or herself out as an AliveMax.com IMC and shall not have the right to sell AliveMax.com products or services.  An IMC whose IMC Agreement is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).  If a cancelled IMC is a Customer to an AliveMax.com product or service, the product or service order or auto-ship shall continue in force unless the IMC specifically requests that his or her order or auto-ship also be canceled.

 

11.1 - Cancellation Due to Inactivity

      IMC’s who do not personally produce the activity required to earn a commission for any pay period will not receive a commission for the sales generated through their marketing organization for that pay period.  If an IMC has not earned a commission for six consecutive months (and thus become “inactive”), his or her IMC Agreement shall be canceled for inactivity. 

 

11.1 - Involuntary Cancellation

      An IMC’s violation of any of the terms of the Agreement, including any amendments that may be made by AliveMax.com at its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her IMC Agreement.  Cancellation shall be effective on the date on which written notice is mailed, faxed, or delivered to an express courier, to the IMC’s last known address (or fax number), or to his/her attorney, or when the IMC receives actual notice of cancellation, whichever occurs first.

 

      AliveMax.com reserves the right to terminate all IMC Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate the sale of its services via multilevel marketing.

 

11.2 - 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. The written notice must include the IMC’s signature, printed name, address, and IMC I.D. Number. 

 

11.3 - Non-renewal

An IMC may also voluntarily cancel his or her IMC Agreement by failing to renew the Agreement on its anniversary date.   The Company may also elect not to renew an IMC's Agreement upon its anniversary date.

 

 

SECTION 12 - DEFINITIONS

Active IMC — An IMC who satisfies the minimum requirements, as set forth in the AliveMax.com  Marketing and Compensation Plan, to ensure that he or she is eligible to receive bonuses and commissions.

 

Active Rank — The term “active rank” refers to the current rank of an IMC, as determined by the AliveMax.com  Marketing and Compensation Plan, for any month.  To be considered “active” relative to a particular rank, an IMC must meet the criteria set forth in the AliveMax.com  Marketing and Compensation Plan for his or her respective rank.  (See the definition of “Rank” below.)

 

Agreement — The contract between the Company and each IMC includes the IMC Application and Agreement, the AliveMax.com  Policies and Procedures, the AliveMax.com  Marketing and Compensation Plan, and the Business Entity Registration Form (where appropriate), all in their current form and as amended by AliveMax.com  in its sole discretion.  These documents are collectively referred to as the “Agreement.”

 

Cancel — The termination of an IMC’s business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.

 

Commissionable Services — All AliveMax.com  services on which commissions and bonuses are paid.  Starter Kits and sales aids are not commissionable products.

 

Company — The term “Company” as it is used throughout the Agreement means AliveMax.com.

Customer Point Value (CPV) — The point value assigned to each product sold by AliveMax.com, as set forth in the AliveMax.com  Marketing and Compensation Plan.

 

Downline Activity Report — A monthly report generated by AliveMax.com that provides critical data relating to the identities of IMC’s, sales information, and enrollment activity of each IMC’s Marketing Organization.  This report contains confidential and trade secret information which is proprietary to AliveMax.com Individual reports is generated in an IMC’s web site back office.

 

Downline Leg — Each one of the individuals enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.

 

Enroller — An IMC who enrolls another IMC into the Company, and is listed as the Enroller on the IMC Application and Agreement.  The Enroller may place the new IMC under him or herself as the Placement Sponsor, or may place the new IMC under another IMC to act as the new IMC’s Placement Sponsor.  See the definition of “Placement Sponsor” below.

 

Group Customer Point Value (GCPV) — The total Point Value, within a given pay period, of the Personal Customer Point Value of the IMC’s in an IMC’s Marketing Organization.  Group Customer Point Value is used as the basis to calculate the eligibility to earn at certain ranks in the Marketing and Compensation Plan.  See the definition of “Personal Customer Point Value” below.

 

Immediate Household — Heads of household and dependent family members residing in the same house.

 

Level — The layers of downline Customers and IMC’s in a particular IMC’s Marketing Organization.  This term refers to the relationship of an IMC relative to a particular upline IMC, determined by the number of IMC’s between them who are related by sponsorship.  For example, if A is the Placement Sponsor of B, B is the Placement Sponsor of C, C is the Placement Sponsor of D, and D is the Placement Sponsor of E, then E is on A’s fourth level.

 

Marketing Organization — The Subscribers and IMC’s enrolled below a particular IMC.

 

Official AliveMax.com  Material — Literature, audio or video tapes, and other materials developed, printed, published and distributed by AliveMax.com to IMC’s.

 

Personal Customer Point Value (PCPV) — The total Customer Point Value of all service subscriptions sold by an IMC in a particular pay period.  See the definition of “Customer Point Value” above.

 

Placement Sponsor — An IMC under whom an Enroller places a new IMC, and is listed as the Placement Sponsor on the IMC or Application and Agreement.  An Enroller may place the new IMC under him or herself as the Placement Sponsor, or may place the new IMC under another IMC to act as the new IMC’s Placement Sponsor.  The Placement Sponsor has the obligation to provide training and support to the IMC’s placed under him or her.  See the definition of “Enroller” above.

Rank — The “title” that an IMC has achieved pursuant to the AliveMax.com  Marketing and Compensation Plan. 

 

Recruit  — For purposes of AliveMax.com ’s Conflict of Interest Policy the term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another AliveMax.com  IMC or Subscriber to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.  This conduct constitutes recruiting even if the IMC’s actions are in response to an inquiry made by another IMC or Subscriber.

 

Resalable — Sales aids shall be deemed "Resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) they are returned to AliveMax.com  within one year from the date of purchase; and 5) they contain current AliveMax.com  labeling.  Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be Resalable.

 

Retail Customer or Customer — An individual who purchases AliveMax.com  products or services on a monthly subscription basis from an IMC but who is not a participant in the AliveMax.com  compensation plan.

 

Roll-Up — The method by which a vacancy in a Marketing Organization left by an IMC whose IMC Agreement has been canceled is filled.

 

Starter Kit — A selection of AliveMax.com  training materials and business support literature and/or products that each new IMC may or may not be required to purchase.  The Starter Kit is sold to IMC’s at the Company’s cost.

 

Subscriber — An individual who purchases AliveMax.com  services on a monthly subscription basis.  A Subscriber who is not also an IMC is a “Retail Subscriber”.

 

Upline — This term refers to the IMC or IMC’s above a particular IMC in a sponsorship line up to the Company.  Conversely stated, it is the line of Placement Sponsors that links any particular IMC to the Company.


 

Important Notice: These statements have not been evaluated by the Food and Drug Administration. These products are not intended for use
in the treatment of any disease Copyright © 2010 Alivemax. All Rights Reserved.