Juice Plus

Transcription

Juice Plus PARTNER RULESOF CONDUCT

TABLE OF CONTENTS1. CORPORATE MISSION STATEMENT“Inspiring Healthy Living Around TheWorld.”2.INTRODUCTION3. BECOMING A JUICE PLUS PARTNER3.1 Requirements to become a Partner3.2 No Purchase Requirement3.3 Annual Administration Fee3.4 One Partnership per Person3.5 Transfer of Partnership4. OPERATING A JUICE PLUS BUSINESS4.1 Adherence to the Rules4.2 Minors4.3 Sponsoring4.3.1 No Compensation for Sponsoring4.3.2 Training and Support4.3.3 Maintaining Lines of Sponsorship4.3.4 Inducement to Change Sponsors4.3.5 Change of Sponsorship4.4 Independent Contractor Status4.5 Business Registration4.6 Change of Personal Details4.7 Direct Selling Association4.8 International Business5. RESPONSIBILITIES OF PARTNERS5.1 Maintaining the Reputation and Imageof J uice Plus 5.2 Conflict of Interest – Non-Solicitation5.3 Conduct regarding Juice Plus Employees5.4 Confidentiality5.5 Data Privacy6. PROMOTING YOUR JUICE PLUS BUSINESS6.1 Media Interviews and Media Enquiries6.2 Use of the Intellectual Property6.3 Photos, Video and Audio Recordings6.4 Paid Advertising6.5 Claims6.5.1 Product Claims6.5.2 Weight Loss and WeightManagement Claims6.5.3 Use of Before and After Images6.5.4 Income and Lifestyle Claims22JUICEJUICE PLUS PLUS RULESRULES OFOF CONDUCTCONDUCT6.6 Promotional Materials and Tools6.7 Use of Social Media or Social Networks6.8 Partner Websites6.9 Lead Generation Service Providers6.10 Retail Establishments6.11 Online Market Places and Auction Sites7. COMMISSIONS AND BONUSES7.1 Commission, Bonus Qualifications andTitle Advancements7.2 Adjustment to Commission and Bonuses7.3 Qualification Buying Prohibited8. PRODUCT SALES8.1 Sales to Customers8.2 Payment8.3 Modifications to Labels and Packaging8.4 Personal Use8.5 Customer Refund Guarantee9. RESIGNATION, TERMINATION ANDSUCCESSION9.1 Resignation of a Partnership9.2 Termination of a Partnership9.3 Inventory Repurchase9.4 Period of Inactivity9.5 Succession (Titles Below SSC Level)9.6 Roll-Up of a Partner’s Business10. ENFORCEMENT PROCEDURE10.1 Reports of Alleged Violations10.2 Inquiry10.3 Disciplinary les ModificationsDamagesWaiver and DelaySeverabilityIndemnificationClaims Between Partners

“Inspiring Healthy Living Around The World.”Our Core Beliefs continue to set the tone for oursuccess. We stand on the following principles:Longevity: Since our founding, we have focused onbeing good stewards of the long-term well-being ofour customers, our employees, and our partners.Authenticity: It’s in our DNA to say what we do anddo what we say in all our relationships.Quality: We strive to deliver premium andsustainable products and services for ourcustomers.Community: Healthy living takes more than ahealthy body; it takes a community of like-mindedfriends with a common purpose. We call this theJuice Plus Family.Simplicity: We try to make everything as simpleas possible from maintaining good nutrition torunning a strong business.Approachability: We openly share our Core Beliefsand welcome feedback on our mission, products,services and our company.2. INTRODUCTIONThroughout this document, “Juice Plus ” or the“Company” refers to The Juice Plus Company.The Juice Plus Rules of Conduct are an essentialresource for all Partners. It defines the relationshipbetween Juice Plus and its Partners, andoutlines the rights and responsibilities of Partnerswhen operating their Juice Plus business. TheJuice Plus Rules of Conduct in their presentform (and as amended at the sole discretion ofJuice Plus ) are incorporated into, and form anintegral part of, the Juice Plus Partner Contractand the Juice Plus Franchise CompensationPlan. Throughout these Juice Plus Rules ofConduct, when the term “Rules” is used, itcollectively refers to the Partner Contract andthe Juice Plus Franchise Compensation Plan. Itis the responsibility of each Juice Plus Partnerto read, understand, adhere to, and ensure thatthey are aware of, and operating under, the mostcurrent version of the Juice Plus Rules of Conduct.The most current version of Juice Plus Rules ofConduct will supersede all previous versions andcan be found on the Juice Plus Partner VirtualOffice (VO),www.juiceplusvirtualoffice.com.Juice Plus Partners must check their VO on aregular basis for new content, special newslettersor urgent communications. Juice Plus has thesole and absolute discretion to change these Rulesand issue other Rules, Policies and Advisories fromtime to time. However, the changes and new Ruleswill be prospective, which means they will not beapplied to past behaviour.3. BECOMING A JUICE PLUS PARTNER3.1 Requirements to become a PartnerAn individual wanting to apply for a Juice Plus Partnership (the “Applicant”) must:a) Be an individual of at least 18 years and with fulllegal capacityb) Be sponsored by a Juice Plus Partner(“Sponsor”)c) Have a valid residential address in one of thecountries operated by Juice Plus d) Have a valid and unique email addresse) Have a personal bank account in the countryof residencef) Have not been sponsored by a Juice Plus Partner during the past 12 monthsg) Submit a properly completed Juice Plus Partner Contract of the countryof residenceNotwithstanding the above, Juice Plus determines,in its sole and absolute discretion, if it accepts theApplicant or not.3.2 No Purchase Requirement of products,materials or servicesThere is no required purchase to become aJuice Plus Partner. Sponsors may not requireApplicants to purchase products or othermaterials or services, whether or not producedby Juice Plus , in order to become a Juice Plus Partner.JUICEPLUS RULESOFCONDUCTJUICEPLUS RULESOFCONDUCT33

3.3 Annual Administration FeePartners are charged an Annual Administration Feefor the Virtual Office processing and other serviceswhen they sign up as a Partner and at eachanniversary date of the original Partner Contract.The Annual Administration Fee must be receivedfrom the respective Partner and may not be paidby another Partner. If the annual administrationfee is not paid latest 30 days after the anniversarydate of the original Partner Contract, the PartnerContract will be suspended, and all of the rightsof the Partner, including the rights to receivecommissions and bonuses and to sponsor newPartners, shall be placed on hold pending paymentof the Annual Administration Fee. If the AnnualAdministration Fee is not paid within 90 daysafter the anniversary date of the original PartnerContract, the Partner Contract will be terminated.3.4 One Partnership per PersonAn individual may own, operate, and support onlyone Juice Plus Partnership. If an individual submitsmore than one Partner Contract, the first Contractreceived and accepted is the valid Partnership.A partner, spouse or any person residing in thesame household of a Partner may only apply tobecome a Partner under the same sponsor asthe original Partnership or under the existingPartnership. If two Partners become spouses orpartners, they will continue to operate their ownindividual Partnership.Partners’ children who comply with the age limit inRule 3.1 a) may operate a Partnership separate andapart from the parent’s Partnership genealogy onlyif they are not residing in the same household anddo not participate actively or support in any waythe parent’s Partnership.3.5 Transfer of PartnershipThe transfer of any right or interest in a Partnershipis not permitted without prior written consent byJuice Plus in its sole and absolute discretion.The achievements of a Partner are personal tothe individual, and as such, if an assignmentor transfer should be authorized, the statusand benefits achieved by the Partner are notnecessarily transferred with the Partnership. Theindividual assuming responsibility may be requiredto achieve all qualifications for status and earningrequirements after the assignment or transfer ismade.If Juice Plus becomes aware that any right orinterest in a Partnership has been transferredwithout the consent of Juice Plus , Juice Plus mayapply sanctions to the transferred Partnership andall Partners involved.4. OPERATING A JUICE PLUS BUSINESS4.1 Adherence to the RulesPartners must adhere to the Rules and with alllocal laws and regulations that pertain in any4JUICE PLUS RULES OF CONDUCTway whatsoever to their Juice Plus business.Juice Plus Partners may not encourage otherJuice Plus Partners to violate the Rules or anylaws. Actions of individuals assisting a Partner orof their immediate household which, if performedby the Partner, would violate any provision of theRules, shall be deemed a violation by the Partner.4.2 MinorsPartners shall not recruit or sponsor individualsunder the age of majority (usually 18 years of age)in the individual’s respective country.4.3 SponsoringPartners have the right, but not the obligation, toenrol others to become a Juice Plus Partner andby providing them support and training on theproducts and the Juice Plus business to build asales organisation. Each prospective Partner hasthe ultimate right to choose their Sponsor and willbe placed under the Sponsor referenced during thesignup process.4.3.1 No Compensation for SponsoringPartners do not receive any compensation forenrolling or sponsoring other Partners. Thelevel of compensation that a Partner can earn inaccordance with the Juice Plus CompensationPlan is only dependent from their own productsales and that of their sales organisation.4.3.2 Training and SupportAs a sponsor, the Partner must provide adequateongoing training and support. Adequate trainingand support includes (but is not limited to):a) Teaching the Juice Plus Rules and soundbusiness practicesb) Providing training on the Juice Plus productsand their usagec) Providing regular sales and organisationaltraining, guidance, and encouragementd) Maintaining ongoing contact with the SalesOrganisation and be available to answerquestionsNo Sponsor may require payment, by any means,for training and support.Sponsors should be able to provide evidenceto Juice Plus upon request, of their ongoingcompliance with this rule. The Juice Plus Companyreserves the right to take disciplinary action insituations where it believes the Partner has violatedthis rule, including demotion in status, suspensionof earnings, disqualification from receiving bonuses(e.g. Business Incentive Bonus (“BIB”)), andsuspension or termination of the Partner Contract.4.3.3 Maintaining Lines of SponsorshipThe relationship, maintenance and protectionof the lines of sponsorship are fundamental tothe Juice Plus business. Therefore, sponsorship

changes are detrimental to the integrity of theJuice Plus business and only in limited cases areSponsorship changes permitted (see Rule 4.3.5)and always at the sole and absolute discretion ofJuice Plus .4.3.4 Inducement to Change SponsorsA Partner may not encourage, solicit, induce orotherwise assist another Partner to change theirSponsor or line of Sponsorship.4.3.5 Change of SponsorshipA Partner who wishesto change his sponsorshipmust resign its FranchiseContract and complywith the Period ofInactivity (see Rule 9.4)before applying for a newPartnership under a newSponsor.4.4 Independent Contractor StatusThe Partner is a self-employed independentcontractor. The Contract between Juice Plus andits Partners does not create an employer/employeerelationship, agency, partnership, or joint venturebetween the Company and the Partner. Partnersshall not be treated as employees for their servicesor for income tax purposes. The Partner has noauthority (express or implied) to bind the Companyto any obligation. Each Partner shall establish theirown goals, hours, and methods of sale, so longas they comply with the terms of the Rules andapplicable laws.4.5 Business RegistrationWhere required under local laws, Partners willregister their self-employed business operationwith the local Authorities and/or the local taxoffice. Partners shall submit to Juice Plus theirbusiness registration upon request. Partners aresolely responsible for the proper reporting of theirincome and payment of their taxes.4.6 Change of Personal DetailsPartners should always ensure the details in theirVirtual Office are true and correct. If there arechanges to their personal details such as telephonenumber, address, bank details or e-mail, thesechanges must be made as soon as reasonablypossible.4.7 Direct Selling AssociationThe Partner must, in carrying out their Juice Plus business, strictly comply with the Code of Conductestablished by the European Direct SellingAssociation (SELDIA) and the Direct SellingAssociation of the respective country.4.8 International BusinessA Partner may not engage in any business activityrelating to Juice Plus in any country not yetofficially opened for business by Juice Plus . Thelist of open countries can be found on the VirtualOffice.5. RESPONSIBILITIES OF PARTNERS5.1 Maintaining the Reputation and Image ofJuice Plus Partners will, at all times, conduct themselves andtheir businesses in an ethical, moral, legal andfinancially sound manner, and will not engage inany activities which could bring disrepute on thegood name or image of Juice Plus , its products,trademarks, brand names or other Partners.In conducting their business, Partners will notengage or participate in any deceptive, fraudulentor illegal practices, nor will they enable orencourage others to do so. Partners shall alsorefrain from expressing personal beliefs (e.g.religious, political or ideological purposes) that areunrelated to Juice Plus .Partners must refrain from disparaging, demeaning,or negative remarks about Juice Plus , its products,other Partners, or Juice Plus employees.5.2 Conflict of Interest - Non-Solicitationa) The Partner is allowed to promote or sell otherproducts and services where such offers donot compete with the products, services orbusiness opportunity offered by Juice Plus .However, it is not allowed to present orpromote these products or services togetherwith the product or services offered byJuice Plus .b) Partners at a position of SC or higher shallneither directly or indirectly, personally northrough any relationship or business entity,participate by any means in any other directsales companies or otherwise promote or sellthe products or services of such a company.c) Partners may not, in any manner, directly orindirectly, recruit, solicit, or sponsor any Partneror customer, to promote, sell or purchasethe products or services of another directsales company, or encourage any Partner orcustomer to do so.5.3 Conduct regarding Juice Plus EmployeesJuice Plus is committed to integrity and providingJuice Plus employees with a workplace free ofdiscrimination and harassment. Therefore, noPartner or any person assisting them, shall engagein conduct which Juice Plus determines, in its soleand absolute discretion, constitutes discrimination,sexual harassment or harassment of any kind,against a Juice Plus employee.5.4 ConfidentialityIn order to protect the intellectual property rightsand goodwill of Juice Plus , and the business andincome opportunity it offers, and in addition toJUICE PLUS RULES OF CONDUCT5

any other restriction or prohibition contained inany agreement with Juice Plus or any applicableRule, no Partner will during and following theresignation or termination of their contractualrelationship with Juice Plus , directly or indirectlyuse any information relating to the identity, contactinformation, sponsorship relationships or any othersignificant business or personal information aboutany Partner or customer, which was acquiredor derived from such activity for any purposeother than the promotion and sale of Juice Plus products or operation of the Juice Plus business.5.5 Data PrivacyJuice Plus collects processes, and shares “PersonalInformation” (e.g. name, mailing address, emailaddress, telephone number, credit card and banking information) from its customers and Partnersin accordance with its Privacy Policy located athttps://www.juiceplus.com/privacy-policyWhen operating their Juice Plus business,Partners may receive Personal Information fromJuice Plus about other Partners, customers, orreferrals who express interest in the Juice Plus products or business. Partners may only use thisPersonal Information for the sale or promotion ofthe Juice Plus products or Juice Plus business.Partners may only collect, process or transmitPersonal Information from individuals whenpromoting the Juice Plus products or businessopportunity, such as when they collect contactand payment information from Customers toprocess product orders, and when they havereceived unambiguous consent from the individualto use his or her Personal Information. Partnersmust abide by the Data Processing Procedurefor Partners on the VO as well as the applicableprivacy and data protection laws with respect to allPersonal Information obtained by individuals (fromJuice Plus or otherwise) plus take appropriatemeasures to secure the Personal Information.Partners are prohibited from using, exchanging,or otherwise transferring the Personal Informationthey collect from their customers or other Partnerswith third parties, except as in connection with theJuice Plus business.6. P ROMOTING YOUR JUICE PLUS BUSINESS6.1 Media Interviews and Media EnquiriesPartners must not solicit or respond to mediaenquiries regarding Juice Plus , its products orthe Juice Plus business. This may include but isnot limited to programs aired on television, radio,podcast and printed material. Only Juice Plus orits designee is permitted to speak with or writeto the media for, or on behalf of, Juice Plus orany of its subsidiaries to ensure that accurateand consistent information is provided to thepublic as well as a proper public image of our6JUICE PLUS RULES OF CONDUCTbrands. All enquiries by any type of media mustbe immediately referred to the Compliancedepartment or relevant Regional Director of theJuice Plus Company.6.2 Use of the Intellectual PropertyPartners may only use the Juice Plus IntellectualProperty such as the company name, businessdesignation, product names, trade names,trademarks and trade dress which Juice Plus makes available for download on the Juice Plus Partner Virtual Office (VO),www.juiceplusvirtualoffice.comPartners can also make use of the Juice Plus Intellectual Property in the promotional materialthey create when in comply with the Rules ofConduct (see Rule 6.5) and when such material hasbeen expressively and previously authorised byJuice Plus .Use of Intellectual Property, including images ofother persons and companies is prohibited, unlessuse is expressly authorised by the IntellectualProperty owner.6.3 Photos, Video and Audio RecordingsPartners may post audio/video material on theirwebsites or social media platforms, such asFacebook, YouTube or Instagram, provided theycomply with the Rules and all privacy laws andsocial media platform policies when using imagesor recordings of other individuals.If the Juice Plus Company determines thatrecordings or images violate the Rules, the law, orthe legal rights of others, or that it represents arisk of damage to the Juice Plus reputation, brandor image, The Juice Plus Company shall have theright (without liability) to require the removal ofsuch images or recordings.6.4 Paid AdvertisingPartners may utilize paid advertisements in orderto promote their own personal page on socialmedia and/or their business activities, except foradvertisements which directly promote Juice Plus products and/or the business opportunity. Thisincludes but is not limited to “online sponsoredadvertising”, “pay per click” or “paid search terms”for Social Media or Search Engines.6.5 ClaimsA claim is any written or verbal, direct or indirect,representation, testimonial, statement, story, imageor video about Juice Plus , the products, or thebusiness opportunity. Claims can incl

The most current version of Juice Plus Rules of Conduct will supersede all previous versions and can be found on the Juice Plus Partner Virtual Office (VO), www.juiceplusvirtualoffice.com. Juice Plus Partners must check their VO on a regular basis for new content, special