Terms & Conditions of Service with Neumi LLC
Neumi™, LLC
Associate Terms & Policies
1. The Agreement. The term “Agreement” collectively refers to these
Terms and Policies, the Neumi Compensation Plan, the Arbitration &
Dispute Resolution Policy, and the Neumi Business Entity Addendum
(the Business Entity Addendum is only applicable to Associates who
enroll as a business entity, in their current form and as may be
changed in the future. Independent Associates shall be referred to
herein as “Associates.” Neumi, LLC shall be referred to as “Neumi” or
the “Company.” Any promises, representations, offers, or other
communications not expressly set forth in the Agreement are of no
force or effect.
2. Adherence to the Agreement. Associates must comply with the
Agreement. If you have not yet reviewed the Terms and Policies at the
time you execute this Agreement, they are posted in your Associate
BackOffice. You must review the Terms and Policies within five days
from the date on which you execute this Agreement. If you do not
agree to the Terms and Policies, your sole recourse is to notify the
Company and cancel your Neumi Agreement. Failure to cancel
constitutes your acceptance of the Terms and Policies. You must be in
good standing, and not in violation of the Agreement, to be eligible for
bonuses or commissions from Neumi.
3. Amendments to the Agreement. The Company reserves the right to
change the Agreement as reasonably necessary. Changes shall be
effective 30 days after notice of the changes and publication of the
notice in each Associate’s BackOffice, but changes shall not apply
retroactively to conduct that occurred prior to the effective date of the
changes. If you do not agree to any changes, your recourse is to
cancel your Neumi Agreement.
4. Associates’ Rights. Associates for Neumi:
a. Have the right to sell, and solicit orders for, Neumi
products in accordance with these Terms and
Policies. It is within the exclusive right of Neumi to
accept or reject orders submitted by Associates;
b. Have the right to enroll others as Neumi Associates;
c. If qualified, have the right to earn commissions
pursuant to the Neumi Compensation Plan.
5. Independent Contractor Status. Associates are independent
contractors and not employees, partners, legal representatives, or
franchisees of Neumi, LLC. Associates are solely responsible for
paying all expenses they incur, including but not limited to travel, food,
lodging, secretarial, office, long distance telephone and other
business expenses. ASSOCIATES SHALL NOT BE TREATED AS A
NEUMI EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES.
Neumi is not responsible for withholding and shall not withhold or
deduct FICA, or taxes of any kind from Associates’ compensation.
Associates are not entitled to workers compensation or
unemployment security benefits of any kind from Neumi.
6. Income Taxes. As independent contractors, Associates are
responsible for paying local, state, and federal taxes on any income
generated as a Neumi Associate. Every year, Neumi will provide an
IRS Form 1099 NEC (Non-employee Compensation) earnings
statement to each U.S. resident who: 1) Had earnings of over $600 in
the previous calendar year; or 2) Made purchases during the previous
calendar year in excess of $5,000. To facilitate this reporting,
Associates must provide Neumi with their Social Security Number,
Employer Identification Number, or Taxpayer Identification Number as
appropriate.
7. Taxpayer Identification Number/IRS Form W-9. Associates will not
be required to provide Neumi with their Taxpayer Identification
Numbers (e.g., Social Security Number, Employer Identification
Number) upon enrollment and will not be required to provide their
Taxpayer Identification Numbers until a) the Associate has earned
$500 in a calendar year; or b) the Associate has purchased $5,000 in
Neumi products in a calendar year. When an Associate has met one
of these thresholds, the Associate will be required to submit a properly
completed IRS Form W-9 (Request for Taxpayer Identification
Number) to the Company. If an Associate fails to provide a properly
completed IRS Form W-9 to Neumi when requested, the Associate
will be ineligible to earn more than $600 from Neumi during a calendar
year and will not be able to purchase more than $5,000 in Neumi
products in a calendar year. In that even, any commissions or
bonuses will be held until the Associate submits a properly completed
Form W-9. Upon submission of the Form W-9, accrued commissions
and bonuses will be released to the Associate.
8. Assignment of Rights and Delegation of Duties. Associates may
not assign any rights under the Agreement without the prior written
consent of Neumi, LLC. Any attempt to transfer or assign the
Agreement without the express written consent of Neumi renders the
Agreement voidable at the option of Neumi and may result in
termination of your Neumi business.
If the assets of Neumi, or a controlling ownership interest in Neumi, is
transferred to a third party, Neumi may assign its rights and delegate
its duties and obligations under the Agreement to such third party as
part of the sale or transfer.
9. Waiver. Any waiver by either Party of any breach of the Agreement
must be in writing and signed by an authorized agent of the Party
against which the waiver is asserted. Any waiver of a breach by a
Party shall be a one-time waiver only and shall not operate or be
construed as a waiver of any subsequent breach.
10. Waiver of Right of Publicity. Associates grant Neumi an irrevocable
license to reproduce and use their name, photograph, video, personal
story, testimonial, and/or likeness in its advertising or promotional
materials, including but not limited to use in online forums. Associates
waive all claims for remuneration for such use and all rights to inspect
or approve all draft, beta, preliminary, and finished material.
11. Minimum Age. Persons under age 18 may not be Associates and no
Associate shall knowingly recruit or sponsor, or attempt to recruit or
sponsor, any person under age 18.
12. Severance. If any provision of the Agreement, in its current form or
as amended in the future, is held void or unenforceable, only the void
or unenforceable portion(s) of the provision shall be severed from the
Agreement and the remaining provisions shall remain in effect. The
severed provision shall be reformed so that it is in compliance with the
law and reflects the purpose of the original provision as closely as
possible. The existence of any claim or cause of action of an
Associate against Neumi shall not constitute a defense to Neumi’s
enforcement of any term or provision of the Agreement.
13. Term and Renewal of a Neumi Business. The term of this
Agreement is one year (subject to prior cancellation pursuant to the
Terms and Policies), and shall automatically renew for additional one
year terms upon each anniversary date of the Agreement. Either party
to the Agreement may elect not to renew the Agreement by providing
the other party with at least 30 days written notice of such intent prior
to the annual renewal date. Neumi reserves the right to terminate
all Associate Agreements upon 30 days’ notice if the Company
elects to: (1) cease business operations; (2) dissolve as a
business entity; or (3) terminate distribution of its products
and/or services via direct selling channels.
A participant in this affiliate marketing program has a right to
cancel at any time, regardless of reason. Cancellation may be
submitted in writing to the company at its principal business address
or via the Associate’s BackOffice.
14. Maryland Residents: A participant may cancel the contract for any
reason within 3 months after the date of receipt of goods or services
first ordered; upon cancellation, if a request is made the Company
shall repurchase the goods; and the repurchase price shall be at least
90% of the original price paid by the participant.
15. Puerto Rico Residents: You may cancel this Agreement at any time
within 90 days from the date of enrollment, or at any time upon
showing the Company’s noncompliance with any of the essential
obligations of the distribution contract or any act or omission by the
Company adversely affecting the interests of the dealer in the
development of the market of the properties or services. Your
cancellation may be sent to the Company in writing and sent via
registered mail. If you cancel under these conditions, the Company
shall: (a) Reacquire the total of the products that you purchased from
the Company which are in your possession and in good condition at a
price of not less than ninety percent (90%) of their original net cost;
(b) Return to you not less than ninety percent (90%) of the original net
cost of any services that you acquired from the Company; (c) Return
90% of any sum paid by you for the purpose of participating in the
business.
16. General Conduct. Associates shall safeguard and promote the good
reputation of Neumi and its products, and must avoid all illegal,
deceptive, misleading, unethical or immoral conduct or practices, and
must exhibit high moral character in their personal and professional
conduct. Associates shall not engage in any conduct that may
damage the Company’s goodwill or reputation. While it is impossible
to specify all misconduct that would be contrary to this provision (and
the following list is not a limitation on the standards of conduct to
which Associates must adhere pursuant to this policy), the following
standards specifically apply to Associates’ activities:
a. Deceptive conduct is always prohibited. Associates
must ensure that their statements are truthful, fair,
accurate, and are not misleading;
b. If an Associate’s Neumi business is cancelled for any
reason, the Associate must discontinue using the
Neumi name, and all other Neumi intellectual
property, and all derivatives of such intellectual
property, in postings on all Social Media, websites,
or other promotional material;
c. Associates may not represent or imply that any state
or federal government official, agency, or body has
approved or endorses Neumi, its program, or
products;
d. Associates must not engage in conduct that can
reasonably
be interpreted as constituting
harassment, intimidation, discrimination, abusive,
obscene, or humiliating to others;
e. Associates shall not disclose any customer’s or
other Associate’s, or any prospective customer’s or
associates, personal information; and
f. Associates must not engage in any illegal, fraudulent,
deceptive, or manipulative conduct in their business
or their personal lives that, in the Company’s sole
discretion, could damage the Company’s reputation
or the culture that exists within the field sales force.
17. Social Media. In addition to meeting all other requirements specified
in these Terms & Policies, should an Associate utilize any form of
social media in connection with her Neumi business, including but not
limited to blogs, Facebook, Instagram, Twitter, Linkedin, YouTube, or
Pinterest, the Associate agrees to each of the following:
a. Associates are responsible for the content of all
material that they produce and all of their postings
on any social media site, as well as all postings on
any social media site that they own, operate, or
control;
b. Associates shall not make any social media
postings, or link to or from any postings or other
material that is sexually explicit, obscene,
pornographic,
offensive,
threatening,
harmful,
profane,
defamatory,
hateful,
libelous,
harassing, or discriminatory (whether based on
race, ethnicity, creed, religion, gender, sexual
orientation, physical disability, or otherwise), is
graphically violent, is solicitous of any unlawful
behavior, that engages in personal attacks on any
individual, group, or entity, or is in violation of any
intellectual property rights of the Company or any
third party;
c. No product sales or enrollments may occur on or
through any social media site. To process sales or
enrollments, a social media site must link only to the
Associate’s Neumi replicated website, Neumi’s
corporate website or an official Neumi corporate
social media page;
d. It is each Associate’s responsibility to follow the
social media site’s terms of use;
e. Any social media site that is directly or indirectly
operated or controlled by an Associate that is used
to discuss or promote Neumi’s products, or the
Neumi opportunity may not link to any website,
social media site, or site of any other nature that
promotes the products, services, or business
program of any direct selling company other than
Neumi;
f.
During the term of this Agreement and for a period
of 12 calendar months thereafter, an Associate may
not use any social media site on which they discuss
or promote, or have discussed or promoted, the
Neumi business or Neumi’s products to directly or
indirectly solicit anyone for another direct selling or
network marketing program (collectively, “direct
selling”). During the term of the Agreement and for
12 calendar months after the cancellation of an
Associate’s business for any reason, an Associate
shall not take any action on any social media site on
which they discuss or present, or have discussed or
presented, Neumi’s products or the Neumi business
that may reasonably be foreseen to draw an inquiry
from Neumi’s Associates relating to the Associate’s
other direct selling business activities or products.
Violation of this provision shall constitute a violation
of the non-solicitation provision in Policy 30;
g. If an Associate creates a business page, team page,
or group page on any social media platform for
purposes of promoting the Associate’s Neumi
business or the promotion of Neumi, its products, or
opportunity, the page may not promote or advertise
the products or opportunity of any other network
marketing business. If the Associate’s Neumi
business is canceled for any reason or if the
Associate becomes inactive, the Associate must
immediately deactivate the page;
h. Associates shall respect the privacy of other social
media users. Associates shall not engage in abusive
social media practices including but not limited to
harvesting or trolling for connections, shaming or
bullying others.
18. Associate Web Sites, Mobile Applications, and Collateral Sales
Tools. Associates may create their own websites or mobile
applications, and other materials to promote their Neumi business or
Neumi’s products (Associate-created promotional material shall be
collectively referred to as “Tools.” Official Neumi supplied replicated
websites and mobile apps are the only online forums through which
Neumi products may be sold and new Neumi Associate enrollments
may be transacted (prohibited online forums include, but are not
limited to, Associates’ external websites, online auctions and
classified listings). Associates who create their own Tools must adhere
to each of the following:
a. Any external website (or mobile app) must be
directed to the Associate’s replicated website to
process sales and/or enrollments;
b. The Tools must clearly and conspicuously identify
the Associate who is using the Tools and must
clearly and conspicuously disclose that he/she is a
Neumi Independent Associate, and that the
Tools are not Neumi’s corporate Tools.
c. Upon cancellation of an independent Associate’s
Neumi Agreement for any reason, the former
Associate must immediately discontinue using the
Tools and/or making them available to other
Associates;
d. The Tools must exclusively promote Neumi’s
products and Neumi’s opportunity;
e. Associates who create Tools must make all changes
to the Tools or discontinue use of the Tools, as
required by the Company; and
f. The Tools must comply with all provisions of
these Terms & Policies.
The Company may demand changes be made to Tools, or demand
that Tools be discontinued. Associates waive all claims against
Neumi, its officers, directors, owners, employees, and agents for
damages, expenses, costs, or remuneration of any other nature
arising or resulting from, or relating to, changes required by the
Company or a requirement that the Tools be discontinued.
Neumi may post Tools in Associates’ BackOffices and make them
available to all Associates free of charge. Associates waive all claims
to remuneration for such use and grant Neumi an irrevocable license
to use the Tools and authorizes Neumi to provide the Tools to other
Associates free of charge, and further authorizes Neumi Associates to
use the Tools at no charge.
19. Minimum Advertised Price. Associates may sell Neumi products at
any price they choose. However, Associates may only advertise
Neumi merchandise at the suggested retail price specified on the
official Neumi price list and may not advertise special incentives to
prospective buyers (including but not limited to free shipping). Any
advertising or promotional material that can reasonably lead a
prospective buyer to believe that an Associate is offering a discounted
price or other benefit constitutes a violation of this policy.
20. Trademarks and Copyrights.. The name “Neumi” and other names
such as “Swish,” “NutriSwish,” “Neumi Skin,” “Swish 30”, “PrimaSkin,”
and “HydraStat” are proprietary trade names, trademarks and service
marks of Neumi. The Company grants Associates a limited license to
use its trademarks and trade names in promotional media for so long
as the Associate’s Agreement is in effect. Upon cancellation of an
Associate’s Agreement for any reason, the license shall expire, and
the Associate shall immediately discontinue all use of the Company’s
trademarks and trade names.
Except as provided in this policy, under no circumstances may an
independent Associate utilize any mark that is confusingly similar to
any Neumi mark and Independent Associates may not use any of
Neumi’s trademarks or trade names (or confusingly similar names) in
any email address, website domain name, social media handle, social
media name or address. Notwithstanding this policy, a) Associates
may use Neumi’s trademarks or trade names in an email address,
website domain name, social media handle, or social media name or
address as long as the Neumi trademark or trade name is not the first
part of the email address, website domain name, social media handle,
or social media name or address; and b) independent Associates who
post on any social media site must identify him/her self as an
Independent Associates for Neumi. For example, proper disclosure is:
John Doe
Neumi Independent Associate/ Member
Neumi commonly puts on live and recorded events as well as
webinars and telephone conference calls. During these events
Company executives, Associates, and guests appear and speak. The
content of such events is copyrighted material that is owned
exclusively by the Company. Associates may not record company
functions for any reason, whether such an event is live, a webinar, via
conference call, or delivered through any other medium.
In addition, Company produced Sales Tools, videos, audios, podcasts,
and printed material is also copyrighted. Associates shall not copy any
such materials for their personal or business use without the
Company’s prior written approval.
21. Sales Outlets. To support the Company’s direct-selling distribution
channel and to protect the independent contractor relationship,
Associates may not sell Neumi products in any wholesale,
warehouse, or discount establishment, or any online auction or
buy-sell site (including but not limited to Amazon,eBay, and Walmart)
without prior written approval from Neumi. Notwithstanding the
foregoing, Associates may display and sell Neumi products at
professional trade shows.
22. Service-Related Establishments. Associates may promote and sell
Neumi products in service-related establishments and membership-based facilities. A service related establishment is one whose primary revenue is earned by providing personal service rather than by selling products. Such establishments include offices of doctors, dentists and other health professionals; health clubs or
fitness centers; beauty salons; and any other business where
customer use of the establishment is controlled by membership or
appointment. Neumi reserves the right to make the final determination
as to whether an establishment is service-related or is a proper place
for the sale of its products.
23. Change Of Sponsor Or Placement. To protect the integrity of all
marketing organizations and safeguard the hard work of all
Associates, Neumi strongly discourages changes in sponsorship or
placement. Maintaining the integrity of sponsorship is critical for the
success of every Associate and marketing organization. Accordingly,
the transfer of a Neumi business from one sponsor to another or
change in placement is rarely permitted. Requests for change of
sponsorship or placement must be submitted in writing to the
Compliance Department, and must include the reason for the transfer.
Transfers will only be considered in the following circumstances:
a. Mis-Sponsorship. In cases in which the new
Associate is sponsored by someone other than the
individual he or she was led to believe would be his
or her Sponsor, an Associate 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 will be evaluated on a
case-by-case basis and must be made within seven
(7) business days from the date of enrollment. The
Associate requesting the change has the burden of
proving that he or she was placed beneath the
wrong sponsor. It is up to Neumi’s discretion
whether the requested change will be implemented.
b. Misplacement. In those instances in which a new
Associate is placed in a location in the unilevel
structure that is different than what either the new
Associate or his or her Sponsor intended (e.g., the
new Associate was intended to be placed on the
level 2 but was misplaced on the level 3), the
Associate may request that he or she be placed in
the correct location. Such a request for transfer
pursuant to this policy must be made within three (3)
business days from the date of the first movement.
The Associate requesting the change has the
burden of proving that he or she was placed in the
incorrect location. Neumi will approve or not
approve the change at its discretion.
c. Upline Approval. The Associate seeking to transfer
submits a properly completed and fully executed
Sponsorship Transfer Form which includes the
signed approval of all parties whose income will be
affected by the transfer. Photocopied or facsimile
signatures are not acceptable. The Associate who
requests the transfer must submit a fee up to
$150.00 (depending on the complex of the
movement) for administrative charges and data
processing. If the transferring associate also wants
to move his or her marketing organization, the
associate must obtain a properly completed
Sponsorship Transfer Form and return it to Neumi
with the change fee (up to $150.00). Downline
Associates will not be moved with the transferring
Associate unless all of the requirements of this
paragraph are met. Transferring Associates must
allow thirty (30) days after the receipt of the
Sponsorship Transfer Forms by Neumi for
processing and verifying change requests. In cases
wherein the appropriate sponsorship change
procedures have not been followed, and a downline
organization has been developed in the second
business by an Associate, Neumi reserves the sole
and exclusive right to determine the final disposition
of the downline organization. Resolving conflicts
over the proper placement of a downline that has
developed under an organization that has
improperly switched sponsors is often extremely
difficult. Therefore, ASSOCIATES WAIVE ANY
AND ALL CLAIMS AGAINST NEUMI THAT
RELATE TO OR ARISE FROM NEUMI’S
DECISION REGARDING THE DISPOSITION OF
ANY DOWNLINE ORGANIZATION THAT
DEVELOPS BELOW AN ORGANIZATION THAT
HAS IMPROPERLY CHANGED LINES OF
SPONSORSHIP.
d. Cancellation and Re-application. An Associate
may legitimately change organizations by voluntarily
canceling his or her Neumi Associate Agreement
and remaining inactive for six (6) full calendar
months. During the six month period of inactivity,
the former Associate may not participate in any form
of Associate activity including, but not limited to,
purchasing Neumi Products for resale, selling
Neumi Products, sponsoring other Neumi
Associates, attending any Neumi functions,
attending any Neumi-related functions sponsored by
Neumi Associates, operating or assisting in the
operation of an Neumi Associate’s Neumi business,
performing any activity or function that is normally
performed by an Neumi Associate or such
Associate’s employees, or any other activity that in
the sole discretion of the Company constitutes a
meaningful promotion of the Neumi business.
Following the six month period of inactivity, the
former Associate may reapply under a new sponsor.
The former Associate’s downline will remain in their
original line of sponsorship, meaning, he or she will
lose all right to his or her former downline
organization upon his or her cancellation. Any
attempt to cross recruit may result in
disciplinary action.
24.Waiver of Claims- Change of Sponsor or Placement. In cases
wherein an Associate improperly changes his/her Sponsor or Placement,
Neumi reserves the sole and exclusive right to determine the final disposition
of the downline organization that was developed by the Associate in his/her
second line of sponsorship. ASSOCIATES WAIVE ANY AND ALL CLAIMS
AGAINST NEUMI, ITS OFFICERS, DIRECTORS, OWNERS,
EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM
NEUMI’S DECISION REGARDING THE DISPOSITION OF ANY
DOWNLINE ORGANIZATION THAT DEVELOPS BELOWANASSOCIATE
WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR OR
PLACEMENT.
25. Line Switching, Cross- Sponsoring and Enticement. Associates
agree that maintaining the integrity of the line of sponsorship in an
Associateship organization is fundamental to network marketing.
Accordingly, the Associate agrees to not engage in Line Switching,
Cross Sponsoring, and/or Enticement.
“Line Switching” means applying for and becoming an Associate
a. when already an Associate,
b.when holding a beneficial interest in another
Associateship; and/or
c.when less than six (6) months have passed since
having been an Associate or having held a
beneficial interest in another Associateship
“Cross-Sponsoring” means the enrollment of another Associate
(including an Associate whose Agreement was terminated within the
preceding six (6) months or has sponsored or purchased Product in
the preceding six (6) months) to a different line of sponsorship.
“Enticement” means soliciting, encouraging, offering benefits, or in
any way aiding another Associate to Line Switch and/or
Cross-Sponsor.
Associates shall not use a spouse’s or relative’s name, trade names,
assumed or fictitious names, legal entities, false government-issued
identification numbers, or fictitious ID numbers to circumvent this
policy.
Because Line Switching, Cross Sponsoring, and Enticement can be
detrimental to everyone involved, any Associate who believes or has
reason to believe that another Associate is in violation of this policy
has an affirmative obligation to notify Neumi of such violation as soon
as reasonably possible.
Should any Associate breach these covenants, Neumi may take any
or all of the following actions:
a. termination of the Associate Agreement of the
Associate(s) in breach;
b. terminate the Associate Agreement(s) of the
Associate(s) enrolled as a result of Line Switching.
Neumi is under no obligation to do any move(s), and
the ultimate disposition of the organization remains
within the sole discretion of Neumi.
Associates in violation of this policy waive all claims against Neumi
that arise from or relate to the disposition of such Associateships.
26. Product Claims. No claims (which include personal testimonials) as
to therapeutic, curative or beneficial properties of any Products offered
by Neumi may be made except those contained in official Neumi
literature. In particular, no Associate may make any claim that Neumi
Products are useful in the cure, treatment, diagnosis, mitigation or
prevention of any diseases. Such statements can be perceived as
medical or drug claims. Not only do such claims violate Neumi
policies, but they potentially violate federal and state laws and
regulations in any international government where Neumi is open,
including the federal Food, Drug, and Cosmetic Act (FD&C Act) and
the Federal Trade Commission Act (FTC).
27. Income Claims. In their enthusiasm to enroll prospective Associates,
some Associates are occasionally tempted to make income claims or
earnings representations to demonstrate the inherent power of
network marketing. This is counterproductive because new
Associates may become disappointed if their results are not as
extensive or as rapid as the results others have achieved. The Neumi
income potential is great enough to be highly attractive without
reporting the earnings of others.
Moreover, the Federal Trade Commission (FTC) and several states
have laws or regulations that regulate or even prohibit certain types of
income claims and testimonials made by persons engaged in network
marketing. While Associates 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
Neumi as well as the Associate making the claim unless appropriate
disclosures required by law are also made contemporaneously with
the income claim or earnings representation. Because Neumi
Associates do not have the data necessary to comply with the legal
requirements for making income claims, an Associate, when
presenting or discussing the Neumi opportunity or Compensation Plan
to a prospective Associate, may not make income projections, income
claims, or disclose his or her Neumi income (including the showing of
checks, copies of checks, bank statements, or tax records).
In addition, Associates agree that they shall not make “lifestyle”
income claims. A lifestyle income claim is a statement or depiction
that infers or states that the Associate is able to enjoy a luxurious or
successful lifestyle due to the income they earn from their Neumi
business. Examples of prohibited lifestyle claims include, but are not
limited to, the following types of representations:
a. That an Associate (or his/her spouse) was able to quit
his/her job;
b. That an Associate was able to replace his/her income from a
job;
c. That an Associate was able to pay for a child’s private school
or college education due to his/her Neumi earnings;
d. That an Associate was able to acquire expensive or luxury
material possessions (e.g., homes, cars, jewelry, boats,
recreational vehicles, etc.); or
e. That because of his/her Neumi earnings an Associate was
able to travel to exotic or expensive destinations.
28. Compensation Plan and Program Claims. When presenting or
discussing the Neumi compensation plan, you must make it clear to
prospects that financial success in Neumi requires commitment, effort,
and sales skill. Conversely, you must never represent that one can be
successful without diligently applying themselves. Examples of
misrepresentations in this area include, but are not limited to:
a.It’s a turnkey system.
b. The system will do the work for you.
c. Just get in and your downline will build through spillover.
d. Just join and I’ll build your downline for you.
e. The Company does all the work for you.
f. You don’t have to sell anything.
g. All you have to do is buy your products every month.
29. Media Inquiries. Associates must not interact with the media
regarding the Neumi business or products. All inquiries from the
media, including radio, television, print, online, or any other medium,
shall be directed to Neumi’s marketing department.
30. Non Solicitation. Neumi Associates are free to participate in other
network marketing programs. However, during the term of this
Agreement and for one year thereafter with the exception of an
Associate’s personally sponsored downline Associates, an Associate
may not directly or indirectly Recruit other Neumi Associates for any
other network marketing business. The term “Recruit” means the
direct or indirect, actual or attempted, sponsorship, solicitation,
enrollment, encouragement, or effort to influence in any other way,
another Neumi Associate to enroll or participate in another network
marketing opportunity. This conduct constitutes Recruiting even if the
Associate’s actions are in response to an inquiry made by another
Associate or customer.
If an Associate is engaged in another network marketing program, it is
the responsibility of the Associate to ensure that his or her Neumi
business is operated entirely separate and apart from all other
businesses and/or Network Marketing programs. To this end, the
Associate must not:
a. Display Neumi promotional material, sales aids, or
products with or in the same location as, any
non-Neumi promotional material or sales aids,
products or services (Pinterest and similar social
media sites are exempt from this provision).
b. Offer the Neumi opportunity, products or services to
prospective or existing customers or Associates in conjunction
with any non-Neumi program, opportunity or products.
c. Offer, discuss, or display any non Neumi opportunity, products, services or opportunity at any Neumi-related trunk show, meeting, seminar,
convention, webinar, teleconference, or other
function.
31. Confidential Information.“Confidential Information” includes, but is
not limited to, the identities, contact information, and/or sales
information relating to Neumi’s Associates and/or customers: (a) that
is contained in or derived from any Associates’ respective Associate
BackOffice; (b) that is derived from any reports issued by Neumi to
Associates to assist them in operating and managing their Neumi
business; and/or (c) to which an Associate would not have access or
would not have acquired but for his/her affiliation with Neumi.
Confidential Information constitutes proprietary business trade secrets
belonging exclusively to Neumi and is provided to Associates in strict
confidence. Confidential Information shall not be directly or indirectly
disclosed to any third party nor used for any purpose other than
Associate’s use in building and managing his/her Independent Neumi
business.
32. Handling Personal Information. If you receive Personal Information
from or about prospective Associates or customers, it is your
responsibility to maintain its security. You should shred or irreversibly
delete the Personal Information of others once you no longer need it.
Personal Information is information that identifies, or permits you to
contact, an individual. It includes a customer’s, potential customers,
Associates and prospective Associates’ name, address, email
address, phone number, credit card information, social security or tax
identification number and other information associated with these
details.
33. Bonus Buying. Bonus buying is strictly prohibited. Bonus buying is
the purchase of Neumi merchandise for any reason other than bona
fide resale or use, or any mechanism or artifice to qualify for rank
advancement or maintenance, incentives, prizes, commissions or
bonuses that are not driven by bona fide product purchases by end
user consumers for actual use.
34. Limitations on Associate and Household Businesses. Associates
may own, operate, control, or have an interest in, only one Neumi
business, and there may be only one Neumi business in a household.
A “household” is defined as spouses or couples, and dependent
children of one or both spouses or couples, living in the same home of
the spouses or member of the couple, as well as dependent children
of either spouse or member of the couple, while attending school
away from home.
35. Stacking. Stacking is strictly prohibited. The term stacking includes:
(a) the failure to transmit to Neumi or the holding of an Associate
Application and Agreement in excess of 48 hours after its execution;
(b) violating the one business per household rule; and/or (c) enrolling
fictitious individuals or entities as Associates or Preferred Customers.
As well as, enrolling multiple Associates and Customers straight down
one leg, essentially pushing volume further and further away from the
upline.
36. Actions of Third-Parties. If a third party acting on behalf of, or with
the active or passive assistance or knowledge of an Associate
engages in conduct that would be a violation of the Agreement, the
conduct of the third-party may be imputed to the Associate.
“Knowledge” of misconduct is not limited to actual knowledge. If an
Associate engages in acts or omissions that the Associate knows or
SHOULD KNOW will enable a third party to violate this Agreement if
such action was taken by the Associate, the Associate shall be
deemed to have knowledge of the violation.
37. Tampering With Product Packaging. Neumi products must be sold
in their original packaging. Associates shall not alter the original
packaging or labeling.
38. Negative Comments. Complaints and concerns about Neumi should
be directed to the customer Service Department. Associates must not
disparage, demean, or make negative remarks to third parties or other
Associates about Neumi, its owners, officers, directors, management,
employees, other Neumi Associates, the Marketing and
Compensation plan. Disputes or disagreements between any
Associate and Neumi shall be resolved through the dispute resolution
process, and the Company and Associates agree specifically not to
demean, discredit, or criticize one another on the Internet or any other
public forum.
39. Sales Receipts. Associates must provide their retail customers that
purchase merchandise directly from the Associate with two copies of
an official Neumi sales receipt at the time of the sale and advise them
of the three day right to rescind the transaction, which is set forth on
the receipt. Associates must maintain all retail sales receipts for a
period of two years and furnish them to Neumi at the Company’s
request. Sales receipts can be downloaded in PDF format from your
BackOffice. Retail customers who purchase from an Associate’s
replicated website need not be provided with a sales receipt as the
receipt will automatically be sent by the Company via email at the time
the order is placed.
40. Adjustment to Bonuses and Commissions. Compensation
stemming from product sales is fully earned when the applicable
return, repurchase, and chargeback periods applicable to product
sales have all expired. If a product is returned to Neumi for a refund or
is repurchased by the Company, or a chargeback occurs, the
compensation attributable to the returned or repurchased product(s)
will be recovered by the Company. Unearned compensation will be
deducted, in the month in which the refund is issued or the
chargeback occurs and continuing every pay period thereafter until
the commission is recovered, from the upline Associates who received
bonuses and commissions on the sales of the refunded products.
Likewise, if it is the responsibility of an Associate to issue a refund to
a customer, but Neumi issues the refund, the Company may deduct
the amount refunded to the customer from the Associate’s subsequent
bonuses and commissions.
Neumi reserves the right to withhold or reduce any Associate’s
compensation as it deems necessary to comply with any garnishment
or court order directing Neumi to retain, hold, or redirect such
compensation to a third party.
41.Dormant Payment Wallets. If there has been no activity in an
Associate’s payment wallet (no deposits or withdrawals) for a period
of six (6) consecutive months, the Company will attempt to notify the
Associate by sending a monthly email to the Associate’s last know
email address notifying him or her of the balance of the funds in the
wallet and advising that he or she should immediately withdraw the
funds in order to avoid future notice fees. There shall be no charge for
the first such notice. Thereafter there shall be a charge of $10 for
each notice that is sent to the Associate to reimburse the company for
its administrative expenses. These charges shall be deducted from
the funds in the wallet.
42. Return of Merchandise and Sales Aids by Associates Upon
Cancellation or Termination. Within 30 days from the cancellation or
termination of an Associate’s Agreement, the Associate may return
products and Sales Tools that he or she personally purchased from
Neumi within 12 months prior to the date of cancellation (the one-year
limitation shall not apply to residents of Louisiana, Massachusetts and
Wyoming and Puerto Rico) so long as the goods are in currently
marketable condition and are returned to the Company within 30 days
from the date of the Associate’s cancellation or termination. Upon the
Company’s timely receipt of returned goods and confirmation that they
are in currently marketable condition, the Associate will be reimbursed
100% of the net cost of the original purchase price(s). Shipping and
handling charges will be refunded. If the purchases were made
through a credit card, the refund will be credited back to the same
account. Goods are in “currently marketable condition" if they are
unopened and unused and packaging and labeling has not been
altered or damaged. Merchandise that is clearly identified at the time
of sale as non-returnable, closeout, discontinued, or as a seasonal
item, or which has passed its commercially reasonable usable or shelf
life, is not in currently marketable condition. BackOffice and
Replicated website fees are not refundable except as may be required
under applicable state law.
43. Refunds and Returns. On first time purchases, Customers and
newly enrolled Associates have 30 days from the day their order
arrives to cancel their purchase and obtain a full refund. Shipping and
handling charges will be refunded. An explanation of these rights is
explained on the sales receipt. For subsequent purchases, see Neumi’s Refund/Return Policies at
https://help.neumi.com/knowledge/refund-policy.
44. Disciplinary Sanctions. Violation of the Agreement, any illegal,
fraudulent, deceptive, or unethical business conduct, or any act or
omission by an Associate that the Company reasonably believes may
damage its reputation or goodwill (such damaging act or omission
need not be related to the Associate’s Neumi business), may result, at
Neumi’s discretion, in one or more of the following corrective
measures:
a. The issuance of a written warning;
b. A requirement that the Associate take immediate corrective
action;
c. Neumi may withhold from an Associate all or part of the
Associate’s bonuses and commissions during the period that
Neumi is investigating any conduct allegedly in violation of the
Agreement.
If an Associate’s business is canceled for
disciplinary reasons, the Associate will not be entitled to
recover any commissions withheld during the investigation
period;
d. The removal of one or more downline Associates from the
offending Associate’s downline organization/team;
e. Suspension and/or termination of the offending Associate’s
replicated website or BackOffice access;
f.
Suspension of the offender’s Associate Agreement and
independent Neumi business for one or more pay periods
(without pay);
g. Involuntary termination of the offender’s Associate Agreement
and independent Neumi business; or
h. Any other measure expressly allowed within any provision of
the Agreement or which Neumi deems appropriate to address
the misconduct or appropriate to equitably resolve injuries
caused partially or exclusively by the Associate’s policy
violation or contractual breach.
In situations deemed appropriate by Neumi, the Company may
institute legal proceedings for monetary and/or equitable relief.
45. Disclosure of Compliance Measures / Disciplinary Sanctions to
Upline. If a disciplinary sanction or compliance measure is taken
against an Associate pursuant to Policy 44, the Company may
disclose the details of the matter and its resolution to the disciplined
Associate’s Sponsor and other upline leaders.
46. Indemnification. Associates agree to indemnify Neumi for any and
all costs, expenses, consumer reimbursements, fines, sanctions,
damages, settlements or payments of any other nature that Neumi
incurs resulting from or relating to any act or omission by Associate
that is illegal, fraudulent, deceptive, negligent, reckless or in violation
of the Agreement. Neumi may elect to exercise its indemnification
rights through withholding any compensation due the Associate. This
right of setoff shall not constitute Neumi’s exclusive means of
recovering or collecting funds due Neumi pursuant to its right to
indemnification.
47. Effect of Cancellation. An Associate whose business is canceled for
any reason will lose all Associate rights, benefits and privileges. This
includes the right to represent himself/herselfas an Independent
Neumi Associate, to sell Neumi products and services and the right to
receive commissions, bonuses, or other income resulting from his/her
own sales and the sales and other activities of the Associate and the
Associate’s former downline sales organization. If an Associate is also
on the autoship program, the Associate’s autoship order shall
continue unless the Associate also specifically requests that his or her
customer autoship Agreement also be canceled.
An Associate whose Associate 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).
48. Voluntary Cancellation. A participant in this network-marketing plan
has a right to cancel at any time, regardless of reason. Cancellation
shall be effective by: a) submitting written cancellation to the
Company at its principal business address or by cancelling his/her
business via email at Compliance@neumi.com; (b) the Company may
(but is not required to) rely on any public announcement of resignation
or cancellation by the Associate (including but not limited to any
announcement on social media) as an effective cancellation; (c)
Revoking your authorization to contract electronically; or (d) any other
means authorized by Neumi.
49.Involuntary Cancellation. Violation of any term of the Agreement,
violation of any common law duty, including, but not limited to any
applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical
business conduct, or any act or omission by an associate that the
Company reasonably believes may damage its reputation or goodwill
(such damaging act or omission need not be related to the Associate’s
Neumi business), may result, at Neumi’s discretion, in the termination
of this Agreement as provided in Policy 44 above.
50. Cancellation for Inactivity. If an Associate fails to earn a
commission for six (6) consecutive months, his/her Associate
Agreement and Neumi business may be canceled for inactivity. If an
Associate is also on the customer Auto-ship, the Associate’s
Auto-ship order shall continue unless the Associate specifically
requests that his or her Auto-ship order also be canceled. The former
Associate shall be reclassified as a Retail Customer. However, if the
Retail Customer remains inactive for three (3) months after we
downgrade the account, the account will be terminated immediately.
51. Business Transfers. Associates in good standing who wish to sell or
transfer their business must receive Neumi’s prior written approval
before the business may be transferred. A business that is on
disciplinary probation, suspension, or under disciplinary investigation
is not in good standing and may not be transferred unless and until
the disciplinary matter is resolved. Requests to transfer a business
must be submitted in writing to the Company at
Compliance@neumi.com. The request to transfer will be denied if the
business is not in good standing or if there is another reasonable
reason for denying the request. Prior to transferring a business to a
third party, the Associate must offer the Company the right of first
refusal to purchase the business on the same terms as negotiated
with a third party. The Company shall have ten days to exercise its
right of first refusal.
52. Transfer Upon an Associate’s Death. Upon the death of an
Associate, the Associate’s Neumi business may be passed to his/her
heirs. The beneficiary or transferee of the business must notify Neumi
of their intention to receive the transfer of the business within six (6)
months of the date of death. If Neumi receives no such notification
within such time period, the Agreement shall be automatically
canceled. Prior to the actual transfer of the business, the beneficiary
or transferee must provide Neumi with certified letters testamentary or
letters of administration and written instructions of the executor of the
estate, or an order of the court, that provides direction on the proper
disposition of the business. The beneficiary must also execute and
submit to the Company a Neumi Associate Agreement and the
required transfer registration fee (if any) within 30 days from the date
on which the business is transferred by the estate to the beneficiary or
transferee, or the Agreement will be canceled. Because Neumi cannot
divide commissions among multiple beneficiaries or transferees, if
there are multiple beneficiaries or transferees of the business, the
beneficiaries or transferees must form a business entity and submit a
Neumi Associate Agreement in the name of the business entity. Upon
the completion of these requirements, Neumi will transfer the
business and issue commissions to the individual beneficiary or
business entity, as the case may be. During the pendency of the
actual transfer of the business, commission and bonus payments (if
any are earned) will be issued in the name of the estate of the
deceased Associate.
If the beneficiary or transferee is already a Neumi Associate, the
Company, in its sole discretion, may grant an exception to the one
Associate per household policy (at Policy 34 above) upon written
request from the beneficiary or transferee.
53. Business Distribution Upon Divorce. Neumi is not able to divide
commissions among multiple parties, nor is it able to divide a
downline organization. Consequently, in divorce cases, any settlement
or divorce decree must award the business in its entirety to one party.
Neumi will recognize as the owner of the business the former spouse
to who is awarded the business pursuant to a legally binding
settlement agreement or decree of the court. The former spouse who
receives the Neumi business must also execute and submit a Neumi
Associate Agreement within 30 days from the date on which the
divorce becomes final or the business will be canceled.
54. Dissolution of a Business Entity. Neumi is not able to divide
commissions among multiple parties, nor is it able to divide a
downline organization. Consequently, in the event that a business
entity that operates a Neumi business dissolves, the owners of the
business entity must instruct the Company on the identity of the
proper party who is to receive the business. The Neumi business
must be awarded to a single individual or entity that was previously
recognized by the Company as an owner of the business entity; the
Company cannot divide the business among multiple parties or issue
separate commission payments. If the business entity wishes to sell or
transfer its Neumi business, it must do so pursuant to Policy 51. In
addition, the recipient of the Neumi business must also execute and
submit a Neumi Associate Agreement to the Company within 30 days
from the date of the dissolution of the business entity or the Neumi
business will be canceled.
55. Reporting Errors. If an Associate believes that Neumi has made an
error in his/her compensation, the structure or organization of his/her
genealogy, or any other error that impacts the Associate’s income,
he/she must report it to the company in writing within 60 days from the
date on which the mistake occurred. While Neumi shall use its best
efforts to correct errors reported more than 60 days after the date of
the error, Neumi shall not be responsible to make changes or
remunerate Associates for losses for mistakes that are reported more
than 60 days after the mistake occurs.
56. International Activities. Associates may not sell Neumi products or
conduct business activities of any nature in any foreign country that
the Company has not announced is officially open for business.
57. Severance. If any policy is determined to be unenforceable, only the
unenforceable policy shall be severed from the Agreement and all
remaining policies shall remain in effect.
Neumi™, LLC
Associate Terms & Policies
1. The Agreement. The term “Agreement” collectively refers to these
Terms and Policies, the Neumi Compensation Plan, the Arbitration &
Dispute Resolution Policy, and the Neumi Business Entity Addendum
(the Business Entity Addendum is only applicable to Associates who
enroll as a business entity, in their current form and as may be
changed in the future. Independent Associates shall be referred to
herein as “Associates.” Neumi, LLC shall be referred to as “Neumi” or
the “Company.” Any promises, representations, offers, or other
communications not expressly set forth in the Agreement are of no
force or effect.
2. Adherence to the Agreement. Associates must comply with the
Agreement. If you have not yet reviewed the Terms and Policies at the
time you execute this Agreement, they are posted in your Associate
BackOffice. You must review the Terms and Policies within five days
from the date on which you execute this Agreement. If you do not
agree to the Terms and Policies, your sole recourse is to notify the
Company and cancel your Neumi Agreement. Failure to cancel
constitutes your acceptance of the Terms and Policies. You must be in
good standing, and not in violation of the Agreement, to be eligible for
bonuses or commissions from Neumi.
3. Amendments to the Agreement. The Company reserves the right to
change the Agreement as reasonably necessary. Changes shall be
effective 30 days after notice of the changes and publication of the
notice in each Associate’s BackOffice, but changes shall not apply
retroactively to conduct that occurred prior to the effective date of the
changes. If you do not agree to any changes, your recourse is to
cancel your Neumi Agreement.
4. Associates’ Rights. Associates for Neumi:
a. Have the right to sell, and solicit orders for, Neumi
products in accordance with these Terms and
Policies. It is within the exclusive right of Neumi to
accept or reject orders submitted by Associates;
b. Have the right to enroll others as Neumi Associates;
c. If qualified, have the right to earn commissions
pursuant to the Neumi Compensation Plan.
5. Independent Contractor Status. Associates are independent
contractors and not employees, partners, legal representatives, or
franchisees of Neumi, LLC. Associates are solely responsible for
paying all expenses they incur, including but not limited to travel, food,
lodging, secretarial, office, long distance telephone and other
business expenses. ASSOCIATES SHALL NOT BE TREATED AS A
NEUMI EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES.
Neumi is not responsible for withholding and shall not withhold or
deduct FICA, or taxes of any kind from Associates’ compensation.
Associates are not entitled to workers compensation or
unemployment security benefits of any kind from Neumi.
6. Income Taxes. As independent contractors, Associates are
responsible for paying local, state, and federal taxes on any income
generated as a Neumi Associate. Every year, Neumi will provide an
IRS Form 1099 NEC (Non-employee Compensation) earnings
statement to each U.S. resident who: 1) Had earnings of over $600 in
the previous calendar year; or 2) Made purchases during the previous
calendar year in excess of $5,000. To facilitate this reporting,
Associates must provide Neumi with their Social Security Number,
Employer Identification Number, or Taxpayer Identification Number as
appropriate.
7. Taxpayer Identification Number/IRS Form W-9. Associates will not
be required to provide Neumi with their Taxpayer Identification
Numbers (e.g., Social Security Number, Employer Identification
Number) upon enrollment and will not be required to provide their
Taxpayer Identification Numbers until a) the Associate has earned
$500 in a calendar year; or b) the Associate has purchased $5,000 in
Neumi products in a calendar year. When an Associate has met one
of these thresholds, the Associate will be required to submit a properly
completed IRS Form W-9 (Request for Taxpayer Identification
Number) to the Company. If an Associate fails to provide a properly
completed IRS Form W-9 to Neumi when requested, the Associate
will be ineligible to earn more than $600 from Neumi during a calendar
year and will not be able to purchase more than $5,000 in Neumi
products in a calendar year. In that even, any commissions or
bonuses will be held until the Associate submits a properly completed
Form W-9. Upon submission of the Form W-9, accrued commissions
and bonuses will be released to the Associate.
8. Assignment of Rights and Delegation of Duties. Associates may
not assign any rights under the Agreement without the prior written
consent of Neumi, LLC. Any attempt to transfer or assign the
Agreement without the express written consent of Neumi renders the
Agreement voidable at the option of Neumi and may result in
termination of your Neumi business.
If the assets of Neumi, or a controlling ownership interest in Neumi, is
transferred to a third party, Neumi may assign its rights and delegate
its duties and obligations under the Agreement to such third party as
part of the sale or transfer.
9. Waiver. Any waiver by either Party of any breach of the Agreement
must be in writing and signed by an authorized agent of the Party
against which the waiver is asserted. Any waiver of a breach by a
Party shall be a one-time waiver only and shall not operate or be
construed as a waiver of any subsequent breach.
10. Waiver of Right of Publicity. Associates grant Neumi an irrevocable
license to reproduce and use their name, photograph, video, personal
story, testimonial, and/or likeness in its advertising or promotional
materials, including but not limited to use in online forums. Associates
waive all claims for remuneration for such use and all rights to inspect
or approve all draft, beta, preliminary, and finished material.
11. Minimum Age. Persons under age 18 may not be Associates and no
Associate shall knowingly recruit or sponsor, or attempt to recruit or
sponsor, any person under age 18.
12. Severance. If any provision of the Agreement, in its current form or
as amended in the future, is held void or unenforceable, only the void
or unenforceable portion(s) of the provision shall be severed from the
Agreement and the remaining provisions shall remain in effect. The
severed provision shall be reformed so that it is in compliance with the
law and reflects the purpose of the original provision as closely as
possible. The existence of any claim or cause of action of an
Associate against Neumi shall not constitute a defense to Neumi’s
enforcement of any term or provision of the Agreement.
13. Term and Renewal of a Neumi Business. The term of this
Agreement is one year (subject to prior cancellation pursuant to the
Terms and Policies), and shall automatically renew for additional one
year terms upon each anniversary date of the Agreement. Either party
to the Agreement may elect not to renew the Agreement by providing
the other party with at least 30 days written notice of such intent prior
to the annual renewal date. Neumi reserves the right to terminate
all Associate Agreements upon 30 days’ notice if the Company
elects to: (1) cease business operations; (2) dissolve as a
business entity; or (3) terminate distribution of its products
and/or services via direct selling channels.
A participant in this affiliate marketing program has a right to
cancel at any time, regardless of reason. Cancellation may be
submitted in writing to the company at its principal business address
or via the Associate’s BackOffice.
14. Maryland Residents: A participant may cancel the contract for any
reason within 3 months after the date of receipt of goods or services
first ordered; upon cancellation, if a request is made the Company
shall repurchase the goods; and the repurchase price shall be at least
90% of the original price paid by the participant.
15. Puerto Rico Residents: You may cancel this Agreement at any time
within 90 days from the date of enrollment, or at any time upon
showing the Company’s noncompliance with any of the essential
obligations of the distribution contract or any act or omission by the
Company adversely affecting the interests of the dealer in the
development of the market of the properties or services. Your
cancellation may be sent to the Company in writing and sent via
registered mail. If you cancel under these conditions, the Company
shall: (a) Reacquire the total of the products that you purchased from
the Company which are in your possession and in good condition at a
price of not less than ninety percent (90%) of their original net cost;
(b) Return to you not less than ninety percent (90%) of the original net
cost of any services that you acquired from the Company; (c) Return
90% of any sum paid by you for the purpose of participating in the
business.
16. General Conduct. Associates shall safeguard and promote the good
reputation of Neumi and its products, and must avoid all illegal,
deceptive, misleading, unethical or immoral conduct or practices, and
must exhibit high moral character in their personal and professional
conduct. Associates shall not engage in any conduct that may
damage the Company’s goodwill or reputation. While it is impossible
to specify all misconduct that would be contrary to this provision (and
the following list is not a limitation on the standards of conduct to
which Associates must adhere pursuant to this policy), the following
standards specifically apply to Associates’ activities:
a. Deceptive conduct is always prohibited. Associates
must ensure that their statements are truthful, fair,
accurate, and are not misleading;
b. If an Associate’s Neumi business is cancelled for any
reason, the Associate must discontinue using the
Neumi name, and all other Neumi intellectual
property, and all derivatives of such intellectual
property, in postings on all Social Media, websites,
or other promotional material;
c. Associates may not represent or imply that any state
or federal government official, agency, or body has
approved or endorses Neumi, its program, or
products;
d. Associates must not engage in conduct that can
reasonably
be interpreted as constituting
harassment, intimidation, discrimination, abusive,
obscene, or humiliating to others;
e. Associates shall not disclose any customer’s or
other Associate’s, or any prospective customer’s or
associates, personal information; and
f. Associates must not engage in any illegal, fraudulent,
deceptive, or manipulative conduct in their business
or their personal lives that, in the Company’s sole
discretion, could damage the Company’s reputation
or the culture that exists within the field sales force.
17. Social Media. In addition to meeting all other requirements specified
in these Terms & Policies, should an Associate utilize any form of
social media in connection with her Neumi business, including but not
limited to blogs, Facebook, Instagram, Twitter, Linkedin, YouTube, or
Pinterest, the Associate agrees to each of the following:
a. Associates are responsible for the content of all
material that they produce and all of their postings
on any social media site, as well as all postings on
any social media site that they own, operate, or
control;
b. Associates shall not make any social media
postings, or link to or from any postings or other
material that is sexually explicit, obscene,
pornographic,
offensive,
threatening,
harmful,
profane,
defamatory,
hateful,
libelous,
harassing, or discriminatory (whether based on
race, ethnicity, creed, religion, gender, sexual
orientation, physical disability, or otherwise), is
graphically violent, is solicitous of any unlawful
behavior, that engages in personal attacks on any
individual, group, or entity, or is in violation of any
intellectual property rights of the Company or any
third party;
c. No product sales or enrollments may occur on or
through any social media site. To process sales or
enrollments, a social media site must link only to the
Associate’s Neumi replicated website, Neumi’s
corporate website or an official Neumi corporate
social media page;
d. It is each Associate’s responsibility to follow the
social media site’s terms of use;
e. Any social media site that is directly or indirectly
operated or controlled by an Associate that is used
to discuss or promote Neumi’s products, or the
Neumi opportunity may not link to any website,
social media site, or site of any other nature that
promotes the products, services, or business
program of any direct selling company other than
Neumi;
f.
During the term of this Agreement and for a period
of 12 calendar months thereafter, an Associate may
not use any social media site on which they discuss
or promote, or have discussed or promoted, the
Neumi business or Neumi’s products to directly or
indirectly solicit anyone for another direct selling or
network marketing program (collectively, “direct
selling”). During the term of the Agreement and for
12 calendar months after the cancellation of an
Associate’s business for any reason, an Associate
shall not take any action on any social media site on
which they discuss or present, or have discussed or
presented, Neumi’s products or the Neumi business
that may reasonably be foreseen to draw an inquiry
from Neumi’s Associates relating to the Associate’s
other direct selling business activities or products.
Violation of this provision shall constitute a violation
of the non-solicitation provision in Policy 30;
g. If an Associate creates a business page, team page,
or group page on any social media platform for
purposes of promoting the Associate’s Neumi
business or the promotion of Neumi, its products, or
opportunity, the page may not promote or advertise
the products or opportunity of any other network
marketing business. If the Associate’s Neumi
business is canceled for any reason or if the
Associate becomes inactive, the Associate must
immediately deactivate the page;
h. Associates shall respect the privacy of other social
media users. Associates shall not engage in abusive
social media practices including but not limited to
harvesting or trolling for connections, shaming or
bullying others.
18. Associate Web Sites, Mobile Applications, and Collateral Sales
Tools. Associates may create their own websites or mobile
applications, and other materials to promote their Neumi business or
Neumi’s products (Associate-created promotional material shall be
collectively referred to as “Tools.” Official Neumi supplied replicated
websites and mobile apps are the only online forums through which
Neumi products may be sold and new Neumi Associate enrollments
may be transacted (prohibited online forums include, but are not
limited to, Associates’ external websites, online auctions and
classified listings). Associates who create their own Tools must adhere
to each of the following:
a. Any external website (or mobile app) must be
directed to the Associate’s replicated website to
process sales and/or enrollments;
b. The Tools must clearly and conspicuously identify
the Associate who is using the Tools and must
clearly and conspicuously disclose that he/she is a
Neumi Independent Associate, and that the
Tools are not Neumi’s corporate Tools.
c. Upon cancellation of an independent Associate’s
Neumi Agreement for any reason, the former
Associate must immediately discontinue using the
Tools and/or making them available to other
Associates;
d. The Tools must exclusively promote Neumi’s
products and Neumi’s opportunity;
e. Associates who create Tools must make all changes
to the Tools or discontinue use of the Tools, as
required by the Company; and
f. The Tools must comply with all provisions of
these Terms & Policies.
The Company may demand changes be made to Tools, or demand
that Tools be discontinued. Associates waive all claims against
Neumi, its officers, directors, owners, employees, and agents for
damages, expenses, costs, or remuneration of any other nature
arising or resulting from, or relating to, changes required by the
Company or a requirement that the Tools be discontinued.
Neumi may post Tools in Associates’ BackOffices and make them
available to all Associates free of charge. Associates waive all claims
to remuneration for such use and grant Neumi an irrevocable license
to use the Tools and authorizes Neumi to provide the Tools to other
Associates free of charge, and further authorizes Neumi Associates to
use the Tools at no charge.
19. Minimum Advertised Price. Associates may sell Neumi products at
any price they choose. However, Associates may only advertise
Neumi merchandise at the suggested retail price specified on the
official Neumi price list and may not advertise special incentives to
prospective buyers (including but not limited to free shipping). Any
advertising or promotional material that can reasonably lead a
prospective buyer to believe that an Associate is offering a discounted
price or other benefit constitutes a violation of this policy.
20. Trademarks and Copyrights.. The name “Neumi” and other names
such as “Swish,” “NutriSwish,” “Neumi Skin,” “Swish 30”, “PrimaSkin,”
and “HydraStat” are proprietary trade names, trademarks and service
marks of Neumi. The Company grants Associates a limited license to
use its trademarks and trade names in promotional media for so long
as the Associate’s Agreement is in effect. Upon cancellation of an
Associate’s Agreement for any reason, the license shall expire, and
the Associate shall immediately discontinue all use of the Company’s
trademarks and trade names.
Except as provided in this policy, under no circumstances may an
independent Associate utilize any mark that is confusingly similar to
any Neumi mark and Independent Associates may not use any of
Neumi’s trademarks or trade names (or confusingly similar names) in
any email address, website domain name, social media handle, social
media name or address. Notwithstanding this policy, a) Associates
may use Neumi’s trademarks or trade names in an email address,
website domain name, social media handle, or social media name or
address as long as the Neumi trademark or trade name is not the first
part of the email address, website domain name, social media handle,
or social media name or address; and b) independent Associates who
post on any social media site must identify him/her self as an
Independent Associates for Neumi. For example, proper disclosure is:
John Doe
Neumi Independent Associate/ Member
Neumi commonly puts on live and recorded events as well as
webinars and telephone conference calls. During these events
Company executives, Associates, and guests appear and speak. The
content of such events is copyrighted material that is owned
exclusively by the Company. Associates may not record company
functions for any reason, whether such an event is live, a webinar, via
conference call, or delivered through any other medium.
In addition, Company produced Sales Tools, videos, audios, podcasts,
and printed material is also copyrighted. Associates shall not copy any
such materials for their personal or business use without the
Company’s prior written approval.
21. Sales Outlets. To support the Company’s direct-selling distribution
channel and to protect the independent contractor relationship,
Associates may not sell Neumi products in any wholesale,
warehouse, or discount establishment, or any online auction or
buy-sell site (including but not limited to Amazon,eBay, and Walmart)
without prior written approval from Neumi. Notwithstanding the
foregoing, Associates may display and sell Neumi products at
professional trade shows.
22. Service-Related Establishments. Associates may promote and sell
Neumi products in service-related establishments and membership-based facilities. A service related establishment is one whose primary revenue is earned by providing personal service rather than by selling products. Such establishments include offices of doctors, dentists and other health professionals; health clubs or
fitness centers; beauty salons; and any other business where
customer use of the establishment is controlled by membership or
appointment. Neumi reserves the right to make the final determination
as to whether an establishment is service-related or is a proper place
for the sale of its products.
23. Change Of Sponsor Or Placement. To protect the integrity of all
marketing organizations and safeguard the hard work of all
Associates, Neumi strongly discourages changes in sponsorship or
placement. Maintaining the integrity of sponsorship is critical for the
success of every Associate and marketing organization. Accordingly,
the transfer of a Neumi business from one sponsor to another or
change in placement is rarely permitted. Requests for change of
sponsorship or placement must be submitted in writing to the
Compliance Department, and must include the reason for the transfer.
Transfers will only be considered in the following circumstances:
a. Mis-Sponsorship. In cases in which the new
Associate is sponsored by someone other than the
individual he or she was led to believe would be his
or her Sponsor, an Associate 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 will be evaluated on a
case-by-case basis and must be made within seven
(7) business days from the date of enrollment. The
Associate requesting the change has the burden of
proving that he or she was placed beneath the
wrong sponsor. It is up to Neumi’s discretion
whether the requested change will be implemented.
b. Misplacement. In those instances in which a new
Associate is placed in a location in the unilevel
structure that is different than what either the new
Associate or his or her Sponsor intended (e.g., the
new Associate was intended to be placed on the
level 2 but was misplaced on the level 3), the
Associate may request that he or she be placed in
the correct location. Such a request for transfer
pursuant to this policy must be made within three (3)
business days from the date of the first movement.
The Associate requesting the change has the
burden of proving that he or she was placed in the
incorrect location. Neumi will approve or not
approve the change at its discretion.
c. Upline Approval. The Associate seeking to transfer
submits a properly completed and fully executed
Sponsorship Transfer Form which includes the
signed approval of all parties whose income will be
affected by the transfer. Photocopied or facsimile
signatures are not acceptable. The Associate who
requests the transfer must submit a fee up to
$150.00 (depending on the complex of the
movement) for administrative charges and data
processing. If the transferring associate also wants
to move his or her marketing organization, the
associate must obtain a properly completed
Sponsorship Transfer Form and return it to Neumi
with the change fee (up to $150.00). Downline
Associates will not be moved with the transferring
Associate unless all of the requirements of this
paragraph are met. Transferring Associates must
allow thirty (30) days after the receipt of the
Sponsorship Transfer Forms by Neumi for
processing and verifying change requests. In cases
wherein the appropriate sponsorship change
procedures have not been followed, and a downline
organization has been developed in the second
business by an Associate, Neumi reserves the sole
and exclusive right to determine the final disposition
of the downline organization. Resolving conflicts
over the proper placement of a downline that has
developed under an organization that has
improperly switched sponsors is often extremely
difficult. Therefore, ASSOCIATES WAIVE ANY
AND ALL CLAIMS AGAINST NEUMI THAT
RELATE TO OR ARISE FROM NEUMI’S
DECISION REGARDING THE DISPOSITION OF
ANY DOWNLINE ORGANIZATION THAT
DEVELOPS BELOW AN ORGANIZATION THAT
HAS IMPROPERLY CHANGED LINES OF
SPONSORSHIP.
d. Cancellation and Re-application. An Associate
may legitimately change organizations by voluntarily
canceling his or her Neumi Associate Agreement
and remaining inactive for six (6) full calendar
months. During the six month period of inactivity,
the former Associate may not participate in any form
of Associate activity including, but not limited to,
purchasing Neumi Products for resale, selling
Neumi Products, sponsoring other Neumi
Associates, attending any Neumi functions,
attending any Neumi-related functions sponsored by
Neumi Associates, operating or assisting in the
operation of an Neumi Associate’s Neumi business,
performing any activity or function that is normally
performed by an Neumi Associate or such
Associate’s employees, or any other activity that in
the sole discretion of the Company constitutes a
meaningful promotion of the Neumi business.
Following the six month period of inactivity, the
former Associate may reapply under a new sponsor.
The former Associate’s downline will remain in their
original line of sponsorship, meaning, he or she will
lose all right to his or her former downline
organization upon his or her cancellation. Any
attempt to cross recruit may result in
disciplinary action.
24.Waiver of Claims- Change of Sponsor or Placement. In cases
wherein an Associate improperly changes his/her Sponsor or Placement,
Neumi reserves the sole and exclusive right to determine the final disposition
of the downline organization that was developed by the Associate in his/her
second line of sponsorship. ASSOCIATES WAIVE ANY AND ALL CLAIMS
AGAINST NEUMI, ITS OFFICERS, DIRECTORS, OWNERS,
EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM
NEUMI’S DECISION REGARDING THE DISPOSITION OF ANY
DOWNLINE ORGANIZATION THAT DEVELOPS BELOWANASSOCIATE
WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR OR
PLACEMENT.
25. Line Switching, Cross- Sponsoring and Enticement. Associates
agree that maintaining the integrity of the line of sponsorship in an
Associateship organization is fundamental to network marketing.
Accordingly, the Associate agrees to not engage in Line Switching,
Cross Sponsoring, and/or Enticement.
“Line Switching” means applying for and becoming an Associate
a. when already an Associate,
b.when holding a beneficial interest in another
Associateship; and/or
c.when less than six (6) months have passed since
having been an Associate or having held a
beneficial interest in another Associateship
“Cross-Sponsoring” means the enrollment of another Associate
(including an Associate whose Agreement was terminated within the
preceding six (6) months or has sponsored or purchased Product in
the preceding six (6) months) to a different line of sponsorship.
“Enticement” means soliciting, encouraging, offering benefits, or in
any way aiding another Associate to Line Switch and/or
Cross-Sponsor.
Associates shall not use a spouse’s or relative’s name, trade names,
assumed or fictitious names, legal entities, false government-issued
identification numbers, or fictitious ID numbers to circumvent this
policy.
Because Line Switching, Cross Sponsoring, and Enticement can be
detrimental to everyone involved, any Associate who believes or has
reason to believe that another Associate is in violation of this policy
has an affirmative obligation to notify Neumi of such violation as soon
as reasonably possible.
Should any Associate breach these covenants, Neumi may take any
or all of the following actions:
a. termination of the Associate Agreement of the
Associate(s) in breach;
b. terminate the Associate Agreement(s) of the
Associate(s) enrolled as a result of Line Switching.
Neumi is under no obligation to do any move(s), and
the ultimate disposition of the organization remains
within the sole discretion of Neumi.
Associates in violation of this policy waive all claims against Neumi
that arise from or relate to the disposition of such Associateships.
26. Product Claims. No claims (which include personal testimonials) as
to therapeutic, curative or beneficial properties of any Products offered
by Neumi may be made except those contained in official Neumi
literature. In particular, no Associate may make any claim that Neumi
Products are useful in the cure, treatment, diagnosis, mitigation or
prevention of any diseases. Such statements can be perceived as
medical or drug claims. Not only do such claims violate Neumi
policies, but they potentially violate federal and state laws and
regulations in any international government where Neumi is open,
including the federal Food, Drug, and Cosmetic Act (FD&C Act) and
the Federal Trade Commission Act (FTC).
27. Income Claims. In their enthusiasm to enroll prospective Associates,
some Associates are occasionally tempted to make income claims or
earnings representations to demonstrate the inherent power of
network marketing. This is counterproductive because new
Associates may become disappointed if their results are not as
extensive or as rapid as the results others have achieved. The Neumi
income potential is great enough to be highly attractive without
reporting the earnings of others.
Moreover, the Federal Trade Commission (FTC) and several states
have laws or regulations that regulate or even prohibit certain types of
income claims and testimonials made by persons engaged in network
marketing. While Associates 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
Neumi as well as the Associate making the claim unless appropriate
disclosures required by law are also made contemporaneously with
the income claim or earnings representation. Because Neumi
Associates do not have the data necessary to comply with the legal
requirements for making income claims, an Associate, when
presenting or discussing the Neumi opportunity or Compensation Plan
to a prospective Associate, may not make income projections, income
claims, or disclose his or her Neumi income (including the showing of
checks, copies of checks, bank statements, or tax records).
In addition, Associates agree that they shall not make “lifestyle”
income claims. A lifestyle income claim is a statement or depiction
that infers or states that the Associate is able to enjoy a luxurious or
successful lifestyle due to the income they earn from their Neumi
business. Examples of prohibited lifestyle claims include, but are not
limited to, the following types of representations:
a. That an Associate (or his/her spouse) was able to quit
his/her job;
b. That an Associate was able to replace his/her income from a
job;
c. That an Associate was able to pay for a child’s private school
or college education due to his/her Neumi earnings;
d. That an Associate was able to acquire expensive or luxury
material possessions (e.g., homes, cars, jewelry, boats,
recreational vehicles, etc.); or
e. That because of his/her Neumi earnings an Associate was
able to travel to exotic or expensive destinations.
28. Compensation Plan and Program Claims. When presenting or
discussing the Neumi compensation plan, you must make it clear to
prospects that financial success in Neumi requires commitment, effort,
and sales skill. Conversely, you must never represent that one can be
successful without diligently applying themselves. Examples of
misrepresentations in this area include, but are not limited to:
a.It’s a turnkey system.
b. The system will do the work for you.
c. Just get in and your downline will build through spillover.
d. Just join and I’ll build your downline for you.
e. The Company does all the work for you.
f. You don’t have to sell anything.
g. All you have to do is buy your products every month.
29. Media Inquiries. Associates must not interact with the media
regarding the Neumi business or products. All inquiries from the
media, including radio, television, print, online, or any other medium,
shall be directed to Neumi’s marketing department.
30. Non Solicitation. Neumi Associates are free to participate in other
network marketing programs. However, during the term of this
Agreement and for one year thereafter with the exception of an
Associate’s personally sponsored downline Associates, an Associate
may not directly or indirectly Recruit other Neumi Associates for any
other network marketing business. The term “Recruit” means the
direct or indirect, actual or attempted, sponsorship, solicitation,
enrollment, encouragement, or effort to influence in any other way,
another Neumi Associate to enroll or participate in another network
marketing opportunity. This conduct constitutes Recruiting even if the
Associate’s actions are in response to an inquiry made by another
Associate or customer.
If an Associate is engaged in another network marketing program, it is
the responsibility of the Associate to ensure that his or her Neumi
business is operated entirely separate and apart from all other
businesses and/or Network Marketing programs. To this end, the
Associate must not:
a. Display Neumi promotional material, sales aids, or
products with or in the same location as, any
non-Neumi promotional material or sales aids,
products or services (Pinterest and similar social
media sites are exempt from this provision).
b. Offer the Neumi opportunity, products or services to
prospective or existing customers or Associates in conjunction
with any non-Neumi program, opportunity or products.
c. Offer, discuss, or display any non Neumi opportunity, products, services or opportunity at any Neumi-related trunk show, meeting, seminar,
convention, webinar, teleconference, or other
function.
31. Confidential Information.“Confidential Information” includes, but is
not limited to, the identities, contact information, and/or sales
information relating to Neumi’s Associates and/or customers: (a) that
is contained in or derived from any Associates’ respective Associate
BackOffice; (b) that is derived from any reports issued by Neumi to
Associates to assist them in operating and managing their Neumi
business; and/or (c) to which an Associate would not have access or
would not have acquired but for his/her affiliation with Neumi.
Confidential Information constitutes proprietary business trade secrets
belonging exclusively to Neumi and is provided to Associates in strict
confidence. Confidential Information shall not be directly or indirectly
disclosed to any third party nor used for any purpose other than
Associate’s use in building and managing his/her Independent Neumi
business.
32. Handling Personal Information. If you receive Personal Information
from or about prospective Associates or customers, it is your
responsibility to maintain its security. You should shred or irreversibly
delete the Personal Information of others once you no longer need it.
Personal Information is information that identifies, or permits you to
contact, an individual. It includes a customer’s, potential customers,
Associates and prospective Associates’ name, address, email
address, phone number, credit card information, social security or tax
identification number and other information associated with these
details.
33. Bonus Buying. Bonus buying is strictly prohibited. Bonus buying is
the purchase of Neumi merchandise for any reason other than bona
fide resale or use, or any mechanism or artifice to qualify for rank
advancement or maintenance, incentives, prizes, commissions or
bonuses that are not driven by bona fide product purchases by end
user consumers for actual use.
34. Limitations on Associate and Household Businesses. Associates
may own, operate, control, or have an interest in, only one Neumi
business, and there may be only one Neumi business in a household.
A “household” is defined as spouses or couples, and dependent
children of one or both spouses or couples, living in the same home of
the spouses or member of the couple, as well as dependent children
of either spouse or member of the couple, while attending school
away from home.
35. Stacking. Stacking is strictly prohibited. The term stacking includes:
(a) the failure to transmit to Neumi or the holding of an Associate
Application and Agreement in excess of 48 hours after its execution;
(b) violating the one business per household rule; and/or (c) enrolling
fictitious individuals or entities as Associates or Preferred Customers.
As well as, enrolling multiple Associates and Customers straight down
one leg, essentially pushing volume further and further away from the
upline.
36. Actions of Third-Parties. If a third party acting on behalf of, or with
the active or passive assistance or knowledge of an Associate
engages in conduct that would be a violation of the Agreement, the
conduct of the third-party may be imputed to the Associate.
“Knowledge” of misconduct is not limited to actual knowledge. If an
Associate engages in acts or omissions that the Associate knows or
SHOULD KNOW will enable a third party to violate this Agreement if
such action was taken by the Associate, the Associate shall be
deemed to have knowledge of the violation.
37. Tampering With Product Packaging. Neumi products must be sold
in their original packaging. Associates shall not alter the original
packaging or labeling.
38. Negative Comments. Complaints and concerns about Neumi should
be directed to the customer Service Department. Associates must not
disparage, demean, or make negative remarks to third parties or other
Associates about Neumi, its owners, officers, directors, management,
employees, other Neumi Associates, the Marketing and
Compensation plan. Disputes or disagreements between any
Associate and Neumi shall be resolved through the dispute resolution
process, and the Company and Associates agree specifically not to
demean, discredit, or criticize one another on the Internet or any other
public forum.
39. Sales Receipts. Associates must provide their retail customers that
purchase merchandise directly from the Associate with two copies of
an official Neumi sales receipt at the time of the sale and advise them
of the three day right to rescind the transaction, which is set forth on
the receipt. Associates must maintain all retail sales receipts for a
period of two years and furnish them to Neumi at the Company’s
request. Sales receipts can be downloaded in PDF format from your
BackOffice. Retail customers who purchase from an Associate’s
replicated website need not be provided with a sales receipt as the
receipt will automatically be sent by the Company via email at the time
the order is placed.
40. Adjustment to Bonuses and Commissions. Compensation
stemming from product sales is fully earned when the applicable
return, repurchase, and chargeback periods applicable to product
sales have all expired. If a product is returned to Neumi for a refund or
is repurchased by the Company, or a chargeback occurs, the
compensation attributable to the returned or repurchased product(s)
will be recovered by the Company. Unearned compensation will be
deducted, in the month in which the refund is issued or the
chargeback occurs and continuing every pay period thereafter until
the commission is recovered, from the upline Associates who received
bonuses and commissions on the sales of the refunded products.
Likewise, if it is the responsibility of an Associate to issue a refund to
a customer, but Neumi issues the refund, the Company may deduct
the amount refunded to the customer from the Associate’s subsequent
bonuses and commissions.
Neumi reserves the right to withhold or reduce any Associate’s
compensation as it deems necessary to comply with any garnishment
or court order directing Neumi to retain, hold, or redirect such
compensation to a third party.
41.Dormant Payment Wallets. If there has been no activity in an
Associate’s payment wallet (no deposits or withdrawals) for a period
of six (6) consecutive months, the Company will attempt to notify the
Associate by sending a monthly email to the Associate’s last know
email address notifying him or her of the balance of the funds in the
wallet and advising that he or she should immediately withdraw the
funds in order to avoid future notice fees. There shall be no charge for
the first such notice. Thereafter there shall be a charge of $10 for
each notice that is sent to the Associate to reimburse the company for
its administrative expenses. These charges shall be deducted from
the funds in the wallet.
42. Return of Merchandise and Sales Aids by Associates Upon
Cancellation or Termination. Within 30 days from the cancellation or
termination of an Associate’s Agreement, the Associate may return
products and Sales Tools that he or she personally purchased from
Neumi within 12 months prior to the date of cancellation (the one-year
limitation shall not apply to residents of Louisiana, Massachusetts and
Wyoming and Puerto Rico) so long as the goods are in currently
marketable condition and are returned to the Company within 30 days
from the date of the Associate’s cancellation or termination. Upon the
Company’s timely receipt of returned goods and confirmation that they
are in currently marketable condition, the Associate will be reimbursed
100% of the net cost of the original purchase price(s). Shipping and
handling charges will be refunded. If the purchases were made
through a credit card, the refund will be credited back to the same
account. Goods are in “currently marketable condition" if they are
unopened and unused and packaging and labeling has not been
altered or damaged. Merchandise that is clearly identified at the time
of sale as non-returnable, closeout, discontinued, or as a seasonal
item, or which has passed its commercially reasonable usable or shelf
life, is not in currently marketable condition. BackOffice and
Replicated website fees are not refundable except as may be required
under applicable state law.
43. Refunds and Returns. On first time purchases, Customers and
newly enrolled Associates have 30 days from the day their order
arrives to cancel their purchase and obtain a full refund. Shipping and
handling charges will be refunded. An explanation of these rights is
explained on the sales receipt. For subsequent purchases, see Neumi’s Refund/Return Policies at
https://help.neumi.com/knowledge/refund-policy.
44. Disciplinary Sanctions. Violation of the Agreement, any illegal,
fraudulent, deceptive, or unethical business conduct, or any act or
omission by an Associate that the Company reasonably believes may
damage its reputation or goodwill (such damaging act or omission
need not be related to the Associate’s Neumi business), may result, at
Neumi’s discretion, in one or more of the following corrective
measures:
a. The issuance of a written warning;
b. A requirement that the Associate take immediate corrective
action;
c. Neumi may withhold from an Associate all or part of the
Associate’s bonuses and commissions during the period that
Neumi is investigating any conduct allegedly in violation of the
Agreement.
If an Associate’s business is canceled for
disciplinary reasons, the Associate will not be entitled to
recover any commissions withheld during the investigation
period;
d. The removal of one or more downline Associates from the
offending Associate’s downline organization/team;
e. Suspension and/or termination of the offending Associate’s
replicated website or BackOffice access;
f.
Suspension of the offender’s Associate Agreement and
independent Neumi business for one or more pay periods
(without pay);
g. Involuntary termination of the offender’s Associate Agreement
and independent Neumi business; or
h. Any other measure expressly allowed within any provision of
the Agreement or which Neumi deems appropriate to address
the misconduct or appropriate to equitably resolve injuries
caused partially or exclusively by the Associate’s policy
violation or contractual breach.
In situations deemed appropriate by Neumi, the Company may
institute legal proceedings for monetary and/or equitable relief.
45. Disclosure of Compliance Measures / Disciplinary Sanctions to
Upline. If a disciplinary sanction or compliance measure is taken
against an Associate pursuant to Policy 44, the Company may
disclose the details of the matter and its resolution to the disciplined
Associate’s Sponsor and other upline leaders.
46. Indemnification. Associates agree to indemnify Neumi for any and
all costs, expenses, consumer reimbursements, fines, sanctions,
damages, settlements or payments of any other nature that Neumi
incurs resulting from or relating to any act or omission by Associate
that is illegal, fraudulent, deceptive, negligent, reckless or in violation
of the Agreement. Neumi may elect to exercise its indemnification
rights through withholding any compensation due the Associate. This
right of setoff shall not constitute Neumi’s exclusive means of
recovering or collecting funds due Neumi pursuant to its right to
indemnification.
47. Effect of Cancellation. An Associate whose business is canceled for
any reason will lose all Associate rights, benefits and privileges. This
includes the right to represent himself/herselfas an Independent
Neumi Associate, to sell Neumi products and services and the right to
receive commissions, bonuses, or other income resulting from his/her
own sales and the sales and other activities of the Associate and the
Associate’s former downline sales organization. If an Associate is also
on the autoship program, the Associate’s autoship order shall
continue unless the Associate also specifically requests that his or her
customer autoship Agreement also be canceled.
An Associate whose Associate 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).
48. Voluntary Cancellation. A participant in this network-marketing plan
has a right to cancel at any time, regardless of reason. Cancellation
shall be effective by: a) submitting written cancellation to the
Company at its principal business address or by cancelling his/her
business via email at Compliance@neumi.com; (b) the Company may
(but is not required to) rely on any public announcement of resignation
or cancellation by the Associate (including but not limited to any
announcement on social media) as an effective cancellation; (c)
Revoking your authorization to contract electronically; or (d) any other
means authorized by Neumi.
49.Involuntary Cancellation. Violation of any term of the Agreement,
violation of any common law duty, including, but not limited to any
applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical
business conduct, or any act or omission by an associate that the
Company reasonably believes may damage its reputation or goodwill
(such damaging act or omission need not be related to the Associate’s
Neumi business), may result, at Neumi’s discretion, in the termination
of this Agreement as provided in Policy 44 above.
50. Cancellation for Inactivity. If an Associate fails to earn a
commission for six (6) consecutive months, his/her Associate
Agreement and Neumi business may be canceled for inactivity. If an
Associate is also on the customer Auto-ship, the Associate’s
Auto-ship order shall continue unless the Associate specifically
requests that his or her Auto-ship order also be canceled. The former
Associate shall be reclassified as a Retail Customer. However, if the
Retail Customer remains inactive for three (3) months after we
downgrade the account, the account will be terminated immediately.
51. Business Transfers. Associates in good standing who wish to sell or
transfer their business must receive Neumi’s prior written approval
before the business may be transferred. A business that is on
disciplinary probation, suspension, or under disciplinary investigation
is not in good standing and may not be transferred unless and until
the disciplinary matter is resolved. Requests to transfer a business
must be submitted in writing to the Company at
Compliance@neumi.com. The request to transfer will be denied if the
business is not in good standing or if there is another reasonable
reason for denying the request. Prior to transferring a business to a
third party, the Associate must offer the Company the right of first
refusal to purchase the business on the same terms as negotiated
with a third party. The Company shall have ten days to exercise its
right of first refusal.
52. Transfer Upon an Associate’s Death. Upon the death of an
Associate, the Associate’s Neumi business may be passed to his/her
heirs. The beneficiary or transferee of the business must notify Neumi
of their intention to receive the transfer of the business within six (6)
months of the date of death. If Neumi receives no such notification
within such time period, the Agreement shall be automatically
canceled. Prior to the actual transfer of the business, the beneficiary
or transferee must provide Neumi with certified letters testamentary or
letters of administration and written instructions of the executor of the
estate, or an order of the court, that provides direction on the proper
disposition of the business. The beneficiary must also execute and
submit to the Company a Neumi Associate Agreement and the
required transfer registration fee (if any) within 30 days from the date
on which the business is transferred by the estate to the beneficiary or
transferee, or the Agreement will be canceled. Because Neumi cannot
divide commissions among multiple beneficiaries or transferees, if
there are multiple beneficiaries or transferees of the business, the
beneficiaries or transferees must form a business entity and submit a
Neumi Associate Agreement in the name of the business entity. Upon
the completion of these requirements, Neumi will transfer the
business and issue commissions to the individual beneficiary or
business entity, as the case may be. During the pendency of the
actual transfer of the business, commission and bonus payments (if
any are earned) will be issued in the name of the estate of the
deceased Associate.
If the beneficiary or transferee is already a Neumi Associate, the
Company, in its sole discretion, may grant an exception to the one
Associate per household policy (at Policy 34 above) upon written
request from the beneficiary or transferee.
53. Business Distribution Upon Divorce. Neumi is not able to divide
commissions among multiple parties, nor is it able to divide a
downline organization. Consequently, in divorce cases, any settlement
or divorce decree must award the business in its entirety to one party.
Neumi will recognize as the owner of the business the former spouse
to who is awarded the business pursuant to a legally binding
settlement agreement or decree of the court. The former spouse who
receives the Neumi business must also execute and submit a Neumi
Associate Agreement within 30 days from the date on which the
divorce becomes final or the business will be canceled.
54. Dissolution of a Business Entity. Neumi is not able to divide
commissions among multiple parties, nor is it able to divide a
downline organization. Consequently, in the event that a business
entity that operates a Neumi business dissolves, the owners of the
business entity must instruct the Company on the identity of the
proper party who is to receive the business. The Neumi business
must be awarded to a single individual or entity that was previously
recognized by the Company as an owner of the business entity; the
Company cannot divide the business among multiple parties or issue
separate commission payments. If the business entity wishes to sell or
transfer its Neumi business, it must do so pursuant to Policy 51. In
addition, the recipient of the Neumi business must also execute and
submit a Neumi Associate Agreement to the Company within 30 days
from the date of the dissolution of the business entity or the Neumi
business will be canceled.
55. Reporting Errors. If an Associate believes that Neumi has made an
error in his/her compensation, the structure or organization of his/her
genealogy, or any other error that impacts the Associate’s income,
he/she must report it to the company in writing within 60 days from the
date on which the mistake occurred. While Neumi shall use its best
efforts to correct errors reported more than 60 days after the date of
the error, Neumi shall not be responsible to make changes or
remunerate Associates for losses for mistakes that are reported more
than 60 days after the mistake occurs.
56. International Activities. Associates may not sell Neumi products or
conduct business activities of any nature in any foreign country that
the Company has not announced is officially open for business.
57. Severance. If any policy is determined to be unenforceable, only the
unenforceable policy shall be severed from the Agreement and all
remaining policies shall remain in effect.