Throughout these policies, when the term "Agreement" or "Policies" is used, it collectively refers to the Wealth Step By Step Sales Representative Agreement and Policies and the Wealth Step By Compensation Plan. It is the responsibility of each Sales Representative to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When enrolling a new Sales Representative, it is the responsibility of the Enroller to provide the most current version of these Policies and the Wealth Step By Step Compensation Plan to the applicant prior to his or her execution of the Sales Representative Agreement and Policies. The Sales Representative Agreement constitutes the entire contract between Wealth Step By Step and the Sales Representative. Any promises, representations, offers, or other communications not expressly set forth in the Sales Representative Agreement and Policies are of no force and effect. Wealth Step By Step is a direct sales company that markets nutritional products through independent Sales Representatives. It is important to understand that your success and the success of your fellow associates is dependent upon the integrity of the men and women who market our products. To clearly define the relationship that exists between the Sales Representative and Wealth Step By Step and to explicitly set a standard for acceptable business conduct, Wealth Step By Step has established this Sales Representative Agreement. Wealth Step By Step Sales Representatives are required to comply with all of the Policies set forth in the Sales Representative Agreement which Wealth Step By Step may amend at its sole discretion from time to time, as well as all federal, state, provincial, territorial, and local laws governing their Wealth Step By Step 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 Sales Representative Agreement. Federal, state, provincial, territorial and local laws, as well as the business environment, periodically change, therefore Wealth Step By Step reserves the right to amend the Sales Representative Agreement and its prices in its sole and absolute discretion without notice. By signing the Sales Representative Agreement when enrolling, or checking a box as a signature, a Sales Representative agrees to abide by all amendments or modifications that Wealth Step By Step elects to make. The Sales Representative and Wealth Step By Step agree as follows:
1. I am of legal age in the state of my residency. I agree that I am an independent contractor, responsible for determining my own business activities and not an agent, employee or legal representative of Wealth Step By Step. I will not represent in any manner that I am an employee of Wealth Step By Step. I am responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state or regulatory or taxing agency. I am responsible to pay all sales taxes. As an independent contractor, the Sales Representative agrees that he or she is not an employee, agent, partner, legal representative or franchisee of Wealth Step By Step. The Sales Representative is not authorized to and will not incur any debt, expense, or obligation, or open any checking account on behalf of, for, or in the name of Wealth Step By Step.
2. I understand that I shall control the manner and means by which I operate my Wealth Step By Step business, subject to my compliance with this Agreement. I agree that I will be solely responsible for paying all expenses I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses. I understand that I will not be treated as an employee of Wealth Step By Step for Federal or State tax purposes. I acknowledge and agree that Wealth Step By Step is not responsible for withholding and shall not withhold or deduct from my commissions, if any, FICA, or taxes of any kind, unless such withholding becomes legally required. I agree to be bound by all sales tax collection laws.
3. This position does not constitute the sale of a franchise of Wealth Step By Step.
4. I agree that as a Sales Representative, I shall place primary emphasis upon the selling of Wealth Step By Step nutritional products to retail consumers.
5. I will perform my obligations as a Sales Representative with honesty and integrity.
6. Retail sales records shall be maintained and subject to review upon the request of Wealth Step By Step.
7. In order to maintain a viable marketing program and to comply with changes in federal, state and local law or economic condition, Wealth Step By Step may provide new Policies for the Sales Representative from time to time, as well as modify its Sales Representative Compensation Plan. Such Policies and Compensation Plan modifications and all changes thereto shall upon notice to Sales Representative become a binding part of this Sales Representative Agreement.
8. I understand that no attorney general or any other regulatory authority ever reviews, endorses or approves any product, compensation program or company, and Wealth Step By Step Sales Representatives will make no such claims to others.
9. I understand that my Sales Representative position can be inherited or bequeathed, but cannot be transferred or assigned during my lifetime without consent of Wealth Step By Step which consent will not be unreasonably withheld.
10. This Agreement shall be deemed in effect upon receipt and acceptance by both Wealth Step By Step and the Sales Representative during the enrollment process.
11. I will comply with all federal, state, county, and municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any federal, state, county, or municipal law, ordinance, rule, or regulation.
12. I am responsible for supervising and supporting Sales Representatives I sponsor into the program and in my downline. I agree to maintain monthly communication and support to those Sales Representatives in my downline by way of the following or combination thereof: personal contact, telephone communication, email, written communication and attendance at Sales Representative meetings.
13. I will not make false or misleading statements about Wealth Step By Step, Sales Representatives, Compensation Plan and earnings.
14. Sales Representative and customer lists are owned by Wealth Step By Step and may never be used for any commercial purpose without prior written consent from Wealth Step By Step. During the term of this agreement and for 2 years thereafter, Sales Representatives will not solicit Wealth Step By Step Sales Representatives or customers to other network marketing organizations.
15. Resolution of Conflicts. This agreement is governed under laws of the state of Utah, USA. The Sales Representative and Wealth Step By Step owners / president mutually agree that any claim, monetary claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to Commercial Arbitration Rules of the American Arbitration Association with arbitration to only occur in Salt Lake City, Utah, USA and in no other city or state. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 90 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered in Salt Lake City, Utah, by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Notwithstanding this arbitration provision, nothing herein shall prevent Wealth Step By Step from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary restraining order, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Wealth Step By Step'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.
16. Wealth Step By Step has a 30 day, no questions asked, refund policy from the date a Sales Representative initially joins Wealth Step By Step. In addition, a refund cancels the new Sales Representative's account and website.
17. Wealth Step By Step has a strict no-spam and no-faxing policy and will pursue whatever legal steps are required to enforce it. Sales Representatives shall not engage in spamming or faxing in order to promote their business. "SPAM" or "Spamming" includes Unsolicited Commercial E-mail or Unsolicited Bulk E-mail sent to people not known personally. Unsolicited Commercial E-mail is defined as the sending of any email message to anyone not personally known by you unless the recipients have expressly asked to receive from you. This definition is independent of how and by whom the Email is actually sent. Unsolicited Bulk E-mail is defined as the broadcasting of large quantities (20 or more recipients) of unsolicited Email through any large quantity delivery system. This definition is independent of how and by whom the Email is actually sent. Our No-Spam policy is for the protection of all of our Sales Representatives and the company. There are many ways to promote web pages without spamming. Spamming will only ultimately result in all of our web sites being taken down by our Internet Service Provider. After a complaint and an investigation, if you are are found to have spammed, then we will terminate your Sales Representative position and you will forfeit any earned commissions and no refund will be issued. Wealth Step By Step has the sole responsibility to determine what violates this policy. If you have any doubts concerning acceptable practices, then it is essential that you contact Wealth Step By Step before you act. The last thing we would ever want to do is to terminate one of our own Sales Representatives. On the other hand, the Internet is a very important part our business and we absolutely must protect it for the sake of our other Sales Representatives and Customers. The Attorney General for each state are concerned about the well being of their citizens. Good corporate citizenship within each state is essential for any network marketing company. Spamming and Faxing are upsetting more and more people who complain to the Attorney General of their state. Our No-Spamming and No-Faxing policies are about being a good corporate citizen in all states. This eliminates the need for discussions about what is, or is not legal, because it is based on treating our prospective customers and representatives the same way we would want to be treated. Please make sure you understand the following: ignorance of the contents of this policy WILL NOT be an acceptable excuse. There are NO acceptable disclaimers that can be added to an unsolicited message that will make the message acceptable. This includes but is not limited to remove instructions, remove links, legislative compliance statements, or general statements as to possible interest in a business opportunity. We do NOT recommend the use of any purchased lists of email addresses. Use of any purchased list of email addresses puts your Sales Representative position at risk if there are any complaints due to problems with the list being out of date, poor quality, improperly gathered, etc. Use of any marketing company that sends your advertisement to their list (opt-in or otherwise) puts your Sales Representative position at risk. It is NOT acceptable to send someone a message about Wealth Step By Step just because you received an unsolicited message from them. It is NOT acceptable to post any advertising messages to any news groups. Just because you see such messages posted does NOT give you permission to do the same. If you believe you have been spammed by a Wealth Step By Step Sales Representative, we sincerely apologize. We do not tolerate spamming and we WILL deal strictly with any of our Sales Representatives who participate in such practice.
18. Wealth Step By Step has a strict No-Faxing policy and will pursue whatever legal steps are required to enforce it. Sales Representatives shall not send unsolicited advertisements for Wealth Step By Step by fax in violation of the Federal Telephone Consumer Protection Act of 1991, 47 U.S.C. 227(b)(1)(C) or any similar national, federal, state or provincial law or regulation. Violation of this policy will result in the Sales Representative's termination.
19. A printed version or electronic form of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Wealth Step By Step's failure to enforce any provision of this Agreement or respond to a breach by the Sales Representative or others shall not constitute a waiver of our right to enforce any other provision of this Agreement as to that breach or any other. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The Sales Representative agrees that no joint venture, partnership, employment, or agency relationship exists between Wealth Step By Step and the Sales Representative as a result of this Agreement. Wealth Step By Step may change the contents, operation, or features of the website and business at any time for any reason, without notice. Wealth Step By Step may discontinue the website and business at any time and for any reason without notice. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to Sales Representative's use of the website or information provided to or gathered by us with respect to such use.
20. Limitation of Liability and Indemnification. Wealth Step By Step, its members, owners, president, managers, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "affiliates"), shall not be liable for special, indirect, incidental, consequential, punitive, or exemplary damages. If Wealth Step By Step is found to be in breach of the Agreement, the maximum amount of damages I may claim shall be limited to the amount of unsold product that I personally purchased from Wealth Step By Step and have remaining on hand. I release and agree to indemnify Wealth Step By Step and its affiliates from any and all liability, damages, fines, penalties, or other awards or settlements arising from, or relating to my actions in the promotion or operation of my Wealth Step By Step independent business and any activities related to it (for example, but not limited to, the presentation of Wealth Step By Step products or Sales Compensatio Plan, the operation of a motor vehicle, the lease of meeting or training facilities, the making of any unauthorized claims, the failure to comply with any applicable federal, state, or municipal law or regulation, etc.).
21. I, the Sales Representative, have carefully read and agree to comply with the Wealth Step By Step Agreement. I understand that I must be in good standing and not in violation of any of the terms of this Agreement in order to be eligible to receive any commissions from Wealth Step By Step. I understand that the Agreement or Compensation Plan may be amended at any time at the sole discretion of Wealth Step By Step. The continuation of my Wealth Step By Step business or my acceptance of commissions shall constitute my acceptance of the Agreement and any and all amendments to the Agreement.
22. Wealth Step By Step never gives up its right to insist on compliance with the Sales Representative Agreement and with the applicable laws governing the conduct of a Sales Representative's Wealth Step By Step business. No failure of Wealth Step By Step to exercise any right or power under the Sales Representative Agreement or to insist upon strict compliance by a Sales Representative with any obligation or provision of the Sales Representative Agreement, and no custom or practice of the parties at variance with the terms of the Sales Representative Agreement, shall constitute a waiver of Wealth Step By Step's right to demand exact compliance with the Agreement. Waiver by Wealth Step By Step can be effected only in writing by an authorized officer of the Company.
23. To the extent permitted by law, Sales Representatives agree that Wealth Step By Step, president, owner, directors, officers, shareholders and employees shall not be liable for, and Sales Representatives release Wealth Step By Step and its affiliates from, and waive all claims for, any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by a Sales Representative as a result of: the Sales Representative's breach of the Sales Representative Agreement (including these Policies and Agreement); the improper promotion or operation of Wealth Step By Step business by a Sales Representative and any activities related thereto (erg., the presentation of Wealth Step By Step's products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.); any incorrect or wrong data or information provided by a Sales Representative to Wealth Step By Step; or, the Sales Representative's failure to provide any information or data necessary for Wealth Step By Step to operate its business.
24. 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. While you may not consider yourself a "telemarketer" in the traditional sense of the word, these 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, Sales Representatives must not engage in telemarketing relative to the operation of their Wealth Step By Step businesses. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Wealth Step By Step product or service, or to recruit them for the Wealth Step By Step opportunity. "Cold calls" made to prospective Customers or Sales Representatives that promote either Wealth Step By Step products or the Wealth Step By Step opportunity constitute telemarketing and are prohibited. Notwithstanding the foregoing, a Sales Representative may place telephone call(s) to a prospective Customer or Sales Representative (a "prospect") under the following limited situations: if the Sales Representative has an established business relationship with the prospect. An "established business relationship" is a relationship between a Sales Representative and a prospect based on the prospect's purchase, rental, or lease of goods or services from the Sales Representative. Sales Representatives may call family members, personal friends, and acquaintances. An "acquaintance" is someone with whom a Sales Representative has at least a recent first-hand relationship (i.e., the Sales Representative recently personally met him or her). Bear in mind, however, that if a Sales Representative makes a habit of "card collecting" everyone he or she meets and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if Sales Representative engages in calling "acquaintances," the Sales Representative must make such calls on an occasional basis only and not as a routine practice. In addition, Sales Representatives shall not use automatic telephone dialing systems relative to the operation of their Wealth Step By Step 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.
25. Sales Representatives are not permitted to cancel their position in the matrix and re-enroll under a new sponsor. When a Sales Representative cancels their position they must wait for a period of six months before re-enrolling in Wealth Step By Step.
26. Cancellations must be done by phone or email and at least one week (7 days) in advance of their billing date. For example, if a Sales Representative is normally billed on the 21st of each month, then he or she would want to cancel on the 14th or seven days before their billing date.
27. Each commission check is subject to a $3.00 charge which only partially covers the cost of postage, envelope, check supplies and accounting labor.
28. To help with accounting costs, commission checks are subject to a $3.00 or 3% charge, whichever is greater.
29. Only one position in each matrix per social security number is allowed.
30. Breach of the Agreement. I understand that if I fail to comply with the terms of the Agreement, Wealth Step By Step may, in its sole discretion, impose upon me disciplinary action. If I am in breach, default, or violation of the Agreement at termination, I shall not be entitled to receive any further commissions, whether or not the sales for such bonuses or commissions have been completed.
31. Wealth Step By Step shall not be held responsible, or legally 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, earthquakes, shortage of product, curtailment of a source of supply or government decrees or orders.
32. Entire Agreement. This Agreement and the Sales Compensation Plan in their current forms and as amended by Wealth Step By Step in its discretion, together constitute the entire Agreement and contract between Wealth Step By Step and Sales Representatives. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect to the extent of any conflict or inconsistency between Wealth Step By Step and a Sales Representative.
33. Earnings Disclaimer. Sales Representative understands that there is no guarantee that you will make any level of income and you accept this risk. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials, examples or illustrations used are exceptional results, which do not apply to the average Sales Representative, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire and motivation. There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which could reduce the results your experience. We are not responsible for your actions. The use of advertising, products and services should be based on your own due diligence and you agree that Wealth Step By Step is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our products and services. The level of success you reach is entirely dependent upon your skills, financial resources, marketing knowledge and time you devote to becoming a success. Because of this we cannot guarantee your earnings level nor do we in anyway whether directly or indirectly do so.
34. Use of Name and Image. I authorize Wealth Step By Step to use my name, photograph, personal story, and/or likeness in advertising or promotional materials and waive all claims to remuneration for such use.
35. Governing Law. The parties consent to exclusive jurisdiction and venue before any federal court in Salt Lake County, Utah for purposes of seeking equitable relief or enforcing an award by an arbitrator or any other matter not subject to arbitration. I agree that, notwithstanding any statute of limitation to the contrary, any claim or action I wish to bring against Wealth Step By Step for any act or omission relating to the Agreement must be brought within one three months from the date of the alleged act or omission giving rise to the claim or cause of action. Failure to bring such action within the permitted time shall act as a bar against all claims against Wealth Step By Step for such act or omission. I waive any and all claims or rights to have any other statute of limitation apply.
36. Communication. I authorize Wealth Step By Step to communicate with me by phone, text or email at the email address provided at the time of enrollment.
37. Business Entities. If the applicant is a Business Entity, then he or she must be authorized to bind the Business Entity. The Applicant must also submit, during the signup process, an Identification Number for the Business Entity, and also email to Wealth Step By Step a scanned copy of the Statement of Beneficial Interest, which must include the signature and Identification Number or other personal identification number of every Person having a Beneficial Interest in the Business Entity. To verify the form of the Business Entity, Beneficial Interest holders, and authorized signatories, Wealth Step By Step may require, at any time, the applicant to submit a copy of its articles of organization, articles of incorporation or other charter documentation.
38. Social Security Number and Identification Number. For tax reporting (where required) and identification purposes (where permitted by law), Wealth Step By Step requires Sales Representatives or Business Entities to provide their Social Security Number or Identification Number. Failure to provide this number may result in rejection of the application or cancellation of their website and distributorship at anytime.
39. Inaccurate Information. If Wealth Step By Step determines that the Sales Representative's Business Entity information, documentation or the Statement of Beneficial Interest contains inaccurate or false information, it may immediately terminate the distributorship or declare the Agreement null and void from its beginning and delete their website and position in the matrix. Further, it is the obligation of the Sales Representative or Business Entity to report to Wealth Step By Step on an ongoing basis any changes which affect the accuracy of their Business Entity and documentation.
40. A Sales Representative of Wealth Step By Step may join another network company, but if he or she is found trying to recruit Wealth Step By Step distributors into another network marketing company, then their distributorship will be terminated.