POLICIES AND PROCEDURES
Last Updated May 25, 2021
General
These Policies and Procedures, in their present form and as amended from time to time at ABC System’s sole discretion, are incorporated into the MyElevana Affiliate User Agreement. They are the terms and conditions of the Affiliate's contract with MyElevana. It is the responsibility of each Affiliate to read, understand, adhere to, and ensure that he/she is aware of and operating under the most current version of these Policies and Procedures. You must also comply with the description of the Compensation Plan and honor all applicable laws in the country in which you operate your MyElevana business.
The words "company" and "vCashCard", when used in these documents, refer to MyElevana, or MyElevana, Inc. An Affiliate is an independent contractor, not an employee of MyElevana.
The purpose of the Affiliate Agreement is: to define the relationship between MyElevana and the Affiliate; to set standards of acceptable business behavior; to assist Affiliates in building and protecting their business.
Changes - The Company may from time to time amend the terms and conditions of the Affiliate User Agreement, Policies and Procedures, Compensation Plan and Price List. Amendments shall be effective upon notification of the changes in official MyElevana publications distributed to all active Affiliates via the website.
Delays - MyElevana shall not be responsible for delays and failures in performing its obligations due to circumstances beyond its reasonable control, such as strikes, labor difficulties, riots, war, fire, death, curtailment or interruption of a source of supply, government decrees or orders, etc.
Policies and Provisions Severable - If any provision of the Affiliate User Agreement as it currently exists or as may be amended is found to be invalid, illegal, or unenforceable for any reason, only the invalid provision will be severed from the Affiliate User Agreement; the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, illegal, or unenforceable provision never comprised a part of the Affiliate User Agreement.
Titles Not Substantive - The titles and headings to these Policies and Procedures are for reference purposes only and do not constitute, and shall not be construed as, substantive terms of the Affiliate User Agreement.
Waiver - MyElevana never forfeits its right to require Affiliate compliance with the Affiliate User Agreement or with applicable laws and regulations governing business conduct. Only in rare circumstances will a policy be waived, and such waivers will be conveyed in writing by the Compliance Officer or an officer of the company. The waiver will apply only to that specific case.
Becoming an Affiliate - The requirements to become an Independent MyElevana Affiliate: Be at least the age of majority in your country of residence; reside in a geographic area where MyElevana has been approved for business; fully read and accept the MyElevana Policies and Procedures, Full Compensation Plan, Income Disclaimers, Affiliate Agreement, Terms of Use, Privacy Policy and Refund Policy; as an independent contractor, assume all appropriate responsibilities for accounting for income tax, insurances and the like in respect of the Affiliate. MyElevana reserves the right to accept or reject any application for any reason.
Identification and Affiliate Number - When MyElevana receives and accepts a new Affiliate account registration, MyElevana will assign a unique Affiliate Number to that Affiliate. Affiliates must use their Affiliate Number whenever they call an Affiliate Representative to track commissions and bonuses.
Affiliate Benefits - Once MyElevana accepts an Affiliate's Application and Agreement, the benefits of the Compensation Plan and the Affiliate Agreement are available to the new Affiliate. These benefits include the right to: purchase MyElevana products and services at the Affiliate prices; participate in the MyElevana Compensation Plan (receive bonuses and commissions, if eligible); sponsor other individuals as Customers or Affiliates into the MyElevana business and thereby build a Downline Organization and progress through the MyElevana Compensation Plan; receive MyElevana literature and other MyElevana communications; participate in MyElevana-sponsored support, service, training, motivational, and recognition functions upon payment of appropriate charges, if applicable; participate in promotional and incentive contests and programs sponsored by MyElevana for its Affiliates.
Operating as an Affiliate
Actions of Household Members or Affiliated Individuals - If any member of an Affiliate's immediate household engages in any activity which, if performed by the Affiliate would violate any provision of the Affiliate User Agreement, such activity will be deemed a violation by the Affiliate.
Adherence to the MyElevana Compensation Plan - Affiliates must adhere to the terms of the MyElevana Compensation Plan as set forth in official MyElevana literature. Affiliates shall not offer the MyElevana opportunity through, or in combination with, any other opportunity or unapproved method of marketing. Affiliates shall not require or encourage other current or prospective Customers or Affiliates to participate in MyElevana in any manner that varies from the program as set forth in official MyElevana literature. Affiliates shall not require or encourage other current or prospective Customers or Affiliates to execute any agreement or contract other than official MyElevana agreements and contracts in order to become an Independent MyElevana Affiliate. Similarly, Affiliates shall not require or encourage other current or prospective Customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the MyElevana Compensation Plan, other than those purchases or payments identified as recommended or required in official MyElevana literature.
Advertising
In general - Affiliates must avoid all discourteous, deceptive, misleading, illegal, unethical, or immoral conduct or practices in their marketing and promotion of MyElevana, the MyElevana opportunity, the Compensation Plan, and ABC System’s products. No Affiliates may produce unauthorized sales, marketing, and support materials to market or promote MyElevana, the MyElevana opportunity, the Compensation Plan, ABC System’s products, or their MyElevana businesses.
All Affiliates may only use sales aids and support materials produced or currently approved by MyElevana. Sales, marketing and support materials include, but are not limited to, training and recruiting information, brochures, flyers, pamphlets, posters, postcards, letters, classified advertisements, etc. promoting ABC System’s products and programs, as well as e-mail messages, voice mail message recordings, and Internet Web sites used to publicize MyElevana, its products, services, or Compensation Plan.
Media Inquiries - Affiliates must refer all media inquiries regarding MyElevana to the MyElevana Compliance Department. This will ensure that accurate and consistent information reaches the general public.
Trademarks and Copyrights - An Affiliate may not use the MyElevana trademark or trade name or corporate logo to promote their independent business. Rather, they must use the "Affiliates" logo to promote their business. A reproducible copy of the logo can be obtained from MyElevana. However, this logo may only be used on personal stationery and specifically approved literature but not on clothing, signage, or motor vehicles. Affiliates may describe themselves as an "vCashCard Affiliate" in the business pages of the telephone directory. Affiliates should not answer the telephone in any manner that might indicate or suggest that the caller has reached a MyElevana corporate office. Affiliates may not record or reproduce materials from any MyElevana corporate function, event, speech, etc. Affiliates may not record, reproduce, or copy any presentation or speech by any MyElevana spokesperson, representative, speaker, officer, director, or other Affiliates. Affiliates may not reproduce or copy any recording of a MyElevana- produced media presentation including audio tapes, videotapes, CDs, etc. Affiliates may not publish, or cause to be published, in any written or electronic media, the name, photograph or likeness, copyrighted materials, or property of individuals Affiliate with MyElevana without express written authorization from the individual and/or MyElevana. Affiliates may not publish, or cause to be published, in any written form or electronic media, the copyrighted materials or property of MyElevana, without express written authorization from MyElevana.
Use of Affiliate Name, Likeness, and Image - Affiliate consents to ABC System’s use of his/her name, testimonial (or other statements about MyElevana, its products or opportunity in printed or recorded form, including translations, paraphrases, and electronic reproductions of the same), and image or likeness (as produced or recorded in photographic, digital, electronic, video or film media) in connection with advertising, promoting, and publicizing the MyElevana opportunity or products, or any MyElevana-related or -sponsored events.
Affiliate claims and Representations
Income Claims - Affiliates may not make income projections or claims or disclose their MyElevana income (including the showing of checks, copies of checks, or bank statements) when presenting or discussing the MyElevana opportunity or Compensation Plan, except as set forth in official MyElevana literature.
Unauthorized Recruiting - As an independent contractor, MyElevana Affiliates may participate in other direct selling or network marketing or multi-level marketing ventures (collectively, "multi-level marketing"), and Affiliates may engage in selling activities related to non-vCashCard products and services, if they desire to do so. Although an Affiliate may elect to participate in another multi-level marketing opportunity, he/she is prohibited from unauthorized recruiting activities, which include the following: recruiting or enrolling MyElevana customers or Affiliates for other multi-level marketing business ventures, either directly or through a third party. This includes, but is not limited to, presenting or assisting in the presentation of other multi-level marketing business ventures to any MyElevana Customer or Affiliate, or implicitly or explicitly encouraging any MyElevana Customer or Affiliate to join other business ventures. It is a violation of this policy to recruit or enroll a MyElevana Customer or Affiliate for another multi-level marketing business, even if the Affiliate does not know that the prospect is also a MyElevana Customer or Affiliate; producing any literature, tapes, or promotional material of any nature for another multi-level marketing business which is used by the Affiliate or any third person to recruit MyElevana Customers or Affiliates for that business venture; selling, offering to sell, or promoting any competing products or services to MyElevana Customers or Affiliates. Any product or services in the same generic category as a MyElevana product or service is deemed to be competing; offering MyElevana products or promoting the MyElevana Compensation Plan in conjunction with any non-vCashCard business plan, opportunity, product, or incentive; offering any non-vCashCard products or opportunities in conjunction with the offering of MyElevana products or business plan or at any MyElevana meeting, seminar, launch, convention, or other MyElevana function; or where a prospective Affiliate or Customer accompanies an Affiliate to a MyElevana meeting or function, no other MyElevana Affiliate may recruit the prospect to enroll in MyElevana or any other multi-level marketing business for a period of fourteen (14) days or unless and until the Affiliate who brought the prospect to the function advises the other MyElevana Affiliate that the prospect has elected not to enroll in MyElevana and that the Affiliate is no longer recruiting the prospect to enroll in MyElevana, whichever occurs first. MyElevana will immediately cancel the Affiliate of any Affiliate who violates this provision. Violations of this policy are especially detrimental to the growth and sales of other Affiliates' MyElevana businesses and to ABC System’s business; where an Affiliate participates in other multi-level marketing ventures they may not participate in ABC System’s Leadership Bonus Program. Nor may they be invited to participate in MyElevana leadership meetings, conferences, qualification seminars, and the like.
Post cancellation Solicitation Prohibited - A former Affiliate shall not directly or through a third party solicit any Affiliate or Customer to enroll in any direct sales, network marketing, or multi-level marketing program or opportunity for a period of one (1) year after the cancellation of an individual or entity's Affiliate User Agreement. This provision shall survive the expiration of the Affiliate's obligations to MyElevana, pursuant to the Affiliate User Agreement.
Down line Genealogy Reports - The MyElevana Down line Genealogy Reports are confidential and contain proprietary business trade secrets. An Affiliate may not use the reports for any purpose other than for developing their MyElevana business. During any term of the Affiliate User Agreement and for a period of five (5) years after the termination or expiration of the Affiliate User Agreement between Affiliate and MyElevana, for any reason whatsoever, an Affiliate shall not, on his/her own behalf or on behalf of any other person, partnership, association, corporation, or other entity: disclose any information contained in the reports to any third party; use the reports to compete with MyElevana; or Recruit or solicit any Affiliate or Customer listed on the reports to participate in other multi-level marketing ventures. This provision shall survive the termination or expiration of this Agreement.
Corporation, Partnerships, and Trusts - A corporation, partnership, or trust (collectively referred to in this section as an "Entity") may apply to be a MyElevana Affiliate by submitting its Certificate of Incorporation, Partnership Agreement, or trust documents (these documents are collectively referred to as the "Entity Documents") to MyElevana along with a properly completed Corporation, Partnership DBA Registration Form. An Affiliate may change its status under the same sponsor from an individual to a partnership, corporation, or trust, or from one type of entity to another. To do so, the Affiliate(s) must provide the entity documents and a properly completed Affiliate Application and Agreement and the appropriate registration form. The Corporation, Partnership DBA Registration Form must be signed by all of the directors, shareholders, partners, trustees, or other individuals having ownership interest in the business. Members of the entity are jointly and severally liable for any indebtedness or other obligations to MyElevana. As set forth herein, no individual may participate directly or indirectly in more than one Affiliate. It is the responsibility of those persons involved in the Entity to conform to the laws of the state in which their Entity is formed. MyElevana reserves the right to approve or disapprove any Affiliate Application and Agreement submitted by an Entity. For the purpose of recognition and rewards, MyElevana will only recognize a maximum of two persons in the Entity. The Entity must nominate each year, at its Affiliate renewal time, the two nominees who may be the recipients of any recognition, rewards, trips, and the like which the entity becomes entitled to participate in.
Deceptive Practices - Affiliates must fairly and truthfully explain the MyElevana products, opportunity, Compensation Plan, and Policies and Procedures to prospective Affiliates. This includes: Being honest and thorough in presenting material from the MyElevana Compensation Plan to all potential Affiliates; making clear that income from the MyElevana Compensation Plan is based on product sales and not merely on sponsoring other Affiliates; making estimates of profit that are based on reasonable predictions for what an average Affiliate would achieve in normal circumstances; representing that past earnings in a given set of circumstances do not necessarily reflect future earnings; not misrepresenting the amount of expenditure that an average Affiliate might incur in carrying on the business; not misrepresenting the amount of time an average Affiliate would have to devote to the business to achieve the profit estimated, and not stating that profits or earnings are guaranteed for any individual Affiliate; never stating or inferring that you will build a Down line Organization for anyone else; never stating that profits or earnings are guaranteed for an individual Affiliate; and never stating that any consumer, business, or government agency has approved or endorsed the MyElevana products or its Compensation Plan; never participating in down line purchasing (placing a sales order in a Retail Account other than where the sale was generated).
Independent Contractor Status - Affiliates are independent contractors and are not purchasers of a franchise or business opportunity. The agreement between MyElevana and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Affiliate. All Affiliates are responsible for paying their own income and employment taxes. Affiliates will not be treated as employees for any purpose including, but not limited to, workers compensation, superannuation, or insurance. Each Affiliate is encouraged to establish his/her own goals, hours, and methods of sale, so long as he/she complies with applicable laws and the terms and conditions of the Affiliate User Agreement.
International - Affiliates may sell and promote ABC System’s products, opportunity, and services or recruit or enroll any potential Affiliate or customer only in countries in which MyElevana is approved for business, as announced in official MyElevana communications. If an Affiliate desires to conduct business in an authorized country other than the one in which they are an Affiliate, he/ she must comply with all the applicable laws and regulations for that country.
Adherence to Laws and Ordinances - You must obey all laws that apply to your business.
Affiliate limited to 1 - An Affiliate may operate, receive compensation from, or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one MyElevana Affiliateship. However, notwithstanding this rule, your spouse may become an Affiliate and operate a second Affiliate as long your spouse's Affiliate is placed below one of your Affiliates and not in a cross line sales organization. The second Affiliate must be a bona fide Affiliate that is operated by the person listed on the agreement and not by the owner of the first Affiliate.
Sale, Transfer, or Assignment of Affiliate - An Affiliate may not sell, transfer, or assign their Affiliate rights to any person or entity without ABC System’s express written approval. To obtain approval, you must: be an Affiliate in good standing as determined by MyElevana in its sole discretion; before any transfer will be approved by MyElevana, any debt obligations the selling Affiliate has with MyElevana must be satisfied; the transferring Affiliate must be in good standing and not in violation of any of the terms of the Affiliate User Agreement or these Policies and Procedures, to transfer his/her Affiliate; the combining of Affiliates is not permitted. MyElevana will not approve the transfer of an Affiliate to any individual or Entity that is a current Affiliate or who has an ownership interest in any Affiliate. Similarly, MyElevana will not approve the transfer of an Affiliate to any individual or Entity that has previously had any ownership interest in or operated, an MyElevana Affiliateship; no individual Business Centers may be transferred separately from the Affiliate. If an Affiliate wishes to transfer his/her Affiliate, all Business Centers must be included in the transfer; the transferring Affiliate must notify the MyElevana Compliance Department of his/her intent to transfer the Affiliate by completing and submitting a signed Transfer of Affiliate and Affiliate Application Form. No changes in line of sponsorship can result from the transfer of an Affiliate; the transferee must be eligible to become an Independent MyElevana Affiliate and be acceptable to MyElevana in every respect.
Separation of an Affiliate - If Affiliates wish to dissolve their jointly held Affiliate, they must do so in such a way as to not disturb the income or interests of their Up line and Down line Organizations. Affiliates should consider the following when deciding whether or not to dissolve a jointly held Affiliate: if a jointly owned Affiliate is dissolved, anyone of the joint owners may operate the Affiliate, but the other joint owners must relinquish their rights to, and interests in, the Affiliate; MyElevana cannot divide a Down line Organization, nor can it split commission or bonus checks between the joint owners; if a jointly owned Affiliate is dissolved, the individual(s) who relinquished ownership in the original Affiliate may apply as new Affiliates under any Sponsor but may not purchase or join an existing Affiliate.
Succession - If an Affiliate dies or becomes incapacitated, his/her rights to commissions, bonuses, and Down line Organization, together with all Affiliate responsibilities, will pass to his/her successor(s). Upon death or incapacitation, the successor(s) must present the MyElevana Compliance Department with proof of death or incapacitation, along with proof of succession, such as a Grant of Probate or an Enduring Power of Attorney, and a properly completed Affiliate Application and Agreement. You may inherit and retain another Affiliate even though you currently own or operate an Affiliate. A non-Affiliate who acquires a Affiliate through succession must purchase a current Business Starter Kit
Taxes - MyElevana Affiliates must comply with all relevant taxation legislation. Affiliates should seek professional advice from their own accountant or tax advisor as to how to keep proper business records and account for tax aspects of their independent business. Affiliates' MyElevana income may be subject to income tax and so must be properly accounted for in annual income tax returns. Affiliates conducting their MyElevana business in a business-like manner may also be entitled to deduct certain expenses incurred in earning their MyElevana income. Such expenses should be properly recorded and evidenced with receipts.
Telephone and Email Solicitation - The use of any automated telephone solicitation equipment in connection with the marketing or promotion of MyElevana, its products, or the MyElevana opportunity is strictly prohibited. The use telemarketing operations to sell products or services over the telephone, or to recruit Affiliates, is strictly prohibited. Affiliates are also forbidden from sending unsolicited e-mail messages or "spamming" to sell products or to recruit Affiliates. Affiliates should also make themselves familiar with relevant privacy legislation.
Territories - There are no exclusive territories for marketing MyElevana products or services, nor shall any Affiliate imply or state that he/she has an exclusive territory to market MyElevana products or services.
Trade Shows and Expositions - Affiliates may display and/or sell MyElevana products at trade shows and expositions, but may not display or sell MyElevana products at swap meets, garage sales, flea markets, or farmers' markets as these events are not conducive to the image MyElevana wishes to portray. MyElevana cannot supply inventory on consignment to Affiliates operating stands at such events. All literature displayed at the event must be official MyElevana literature and must clearly identify the individual(s) as Affiliates.
Transfer of Sponsorship
Conflicting Enrolments - Every prospective Affiliate has the ultimate right to choose his/her own Sponsor. As a general rule, the first Affiliate who does meaningful work with a prospective Affiliate is considered to have first claim to sponsorship. Basic tenets of common sense and consideration should govern any dispute that may arise. In the event that a prospective Affiliate or any Affiliate on behalf of a prospective Affiliate, submits more than one Affiliate Application and Agreement to MyElevana, listing a different Sponsor on each, the Company will only consider valid the first Affiliate Application and Agreement that it receives, accepts, and processes. If there is any question concerning the sponsorship of an Affiliate, the final decision will be made by MyElevana.
Cross-line Raiding - MyElevana will not permit any change in the line of sponsorship except in the following circumstances: where an Affiliate has been fraudulently or unethically induced into joining MyElevana; where an incorrect placement was made due to an Affiliate error, a change in the line of sponsorship can be made to correct the error where a request for a change is made within 10 days of enrolment. If you make such a request, you must also submit the written consent of your Sponsor and that person's Sponsor along with the required placement change fee. If at the time of the request you have any down line organization in place, no change will be permitted in the line of sponsorship. In the event that such a change is approved, commissions and bonuses earned will be adjusted accordingly. In no case will a change of placement be approved where a signed application has not been received by MyElevana; if you terminate your Affiliate in writing you may rejoin under the Sponsor of your choice after a period of six (6) months; following termination of your Affiliate, you may participate as a Customer during the six (6) month period. In the event you terminate your Affiliate, you forfeit all rights, bonuses, and commissions under your previous line of sponsoring. You may not avoid compliance with this policy through the use of DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers, etc. If you have been "inactive" (i.e., no purchases or sales of MyElevana products or participation in any other form as an Affiliate) for a period of twelve (12) successive months, you may terminate your; Affiliate in writing and rejoin immediately under the Sponsor of your choice; cross-line raiding is strictly prohibited. "Cross-line raiding" is defined as the enrolment or attempted enrolment of an individual or Entity that already has a current Affiliate User Agreement on AFFILIATE with MyElevana, or who has had such agreement within the preceding six (6) calendar months within a different line of sponsorship. The use of trade names, DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers or any other vehicle to circumvent this policy is prohibited. Affiliates may not demean, discredit, or invalidate other MyElevana Affiliates in an attempt to entice another Affiliate to become part of the first Affiliate's Down line Organization.
Responsibilities of Affiliates and Sponsors
Ongoing Supervision, Training, and Sales - Any Affiliate who sponsors another Affiliate into MyElevana must train the new Affiliate in product knowledge, effective sales techniques, the Compensation Plan, and the Policies and Procedures. Affiliates must also supervise and monitor Affiliates in their Down line Organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As an Affiliate progresses through the various levels of leadership, his/her responsibilities to train and motivate down line Affiliates will increase.
Non-Disparagement - In setting the proper example for their down line, Affiliates must not disparage other MyElevana Affiliates, ABC System’s Products, the Compensation Plan, or the Company's employees. Such disparagement constitutes a material breach of these Policies and Procedures.
Holding Applications or Orders - All Affiliates must forward to MyElevana any forms and applications they receive from other Affiliates or applicant Affiliates, or Customers or applicant Customers, on the next business day after which the forms or applications are signed.
Reporting Policy Violations - Affiliates should report any observed violations of a policy violation to the MyElevana Compliance Department.
Regarding MyElevana Replicated Personal Website Fee of .03 Bitcoin
Bonuses and Commissions
Bonus and Commission Cycles - MyElevana pays commissions on daily and weekly cycles to the Affiliate's Ledgers located in the Affiliates Back Office. An Affiliate must review his/her commissions and report any errors or discrepancies to MyElevana within ten (10) days from the date of the commission payment. Errors or discrepancies which are not brought to ABC System’s attention within the 10 day period will be deemed waived by the Affiliate.
Adjustment of Bonuses and Commissions - Affiliates earn commissions and bonuses based on product sales to End Consumers. Accordingly, MyElevana will adjust commissions and bonuses earned from any sale when the Affiliate or any other end users returns the sold product for a refund. MyElevana will deduct the sales volume attributable to the returned product from the Up-line Affiliate's group volume within the first two (2) weeks after the refund is given.
Loss of Rights to Commissions – All Affiliates are eligible to receive Sales Commissions. You must be an active Affiliate and in compliance with the terms of the Affiliate User Agreement to qualify for Quick Pay Bonuses, Dual Team Bonuses and Minimum Daily Bonuses.
Unclaimed Commissions - Affiliates who provide MyElevana with incomplete or invalid bank account information will have their commission and bonus retained as a credit. Any unclaimed credit will be held in trust for 12 months, during which time MyElevana may periodically notify the Affiliates in writing of their credit balance.
Dispute Resolution and Disciplinary Proceedings between Affiliates
Grievances and Complaints - When an Affiliate has a grievance or complaint with another Affiliate regarding any practice or conduct in relationship to their respective MyElevana businesses, the complaining Affiliate should first discuss the problem with the other Affiliate. If this does not resolve the problem, the complaining Affiliate should report the problem to his/her up line to resolve the issue at a local level. If the matter cannot be resolved, it must be reported in writing to the MyElevana Compliance Department. The Compliance Department will review the complaint and make a final decision. The complaint should identify specific instances of alleged improper conduct and, to the extent possible, identify the relevant dates on which the event(s) complained of took place, the location(s) where they occurred, and all persons who have firsthand knowledge of the improper conduct.
Compliance Department Review - Upon receipt of a written complaint, the MyElevana Compliance Department will investigate the matter, review the applicable policies, and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions consistent with the provisions of this Agreement
Disputes between MyElevana and Affiliates
Mediation and arbitration - All unresolved disputes and claims relating to MyElevana, its Compensation Plan, its Products, the rights and obligations of its Affiliates and MyElevana, or any other claim or cause of action relating to product purchase(s) or performance, either of an Affiliate or of MyElevana under the Affiliate User Agreement, shall first be put before a mediator acceptable to both parties for resolution. Each party shall bear its own costs in the mediation. Should mediation fail to resolve the dispute then it shall be put before arbitration in Palm Beach County, Florida, USA. Each party to the arbitration shall be responsible for their own costs, including legal and filing fees. This agreement to mediate and, failing mediation, arbitrate will survive any cancellation or expiration of the Affiliate User Agreement. Nothing in these Policies and Procedures shall prevent MyElevana from applying to and obtaining from any court having jurisdiction a writ of attachment, temporary injunction, preliminary injunction, permanent injunction, or other available relief to safeguard and protect ABC System’s interest prior to, during, or following the filing of any arbitration or other proceeding, or pending the rendering of a decision or award in connection with any arbitration or other proceeding. The existence of any Affiliate claim or cause of action against MyElevana does not preclude MyElevana from enforcing the Affiliate's covenants and agreements contained in the Affiliate User Agreement.
Jurisdiction, Venue, and Choice of Law - The jurisdiction and venue of any matter pursuant to this agreement shall reside in Broward County, Florida, USA.
Disciplinary Actions - Violation of any of the terms and conditions of the Affiliate User Agreement, or any illegal, fraudulent, deceptive, or unethical business conduct by an Affiliate, may result, at ABC System’s discretion, in one or more of the following sanctions: a written warning, clarifying the meaning and application of a specific policy or procedure, and advising that a continued breach ill result in further sanctions; probation, which may include requiring an Affiliate to take remedial action and will include follow-up monitoring by MyElevana to ensure compliance with the Agreement; withdrawal or denial of an award or recognition, or restricting participation in MyElevana-sponsored events for a specified period of time or until the Affiliate satisfies certain specified conditions; suspension of certain privileges of Affiliate, including but not limited to placing a product order, participating in MyElevana programs, progressing in the Compensation Plan, or participating as a Sponsor (including participating as an International Sponsor), for a specified period of time or until the Affiliate satisfies certain specified conditions; withholding commissions or bonuses for a specified period of time or until the Affiliate satisfies certain specified conditions; imposing fair and reasonable fines or other penalties in proportion to actual damages incurred by MyElevana and as permitted by law; and/or terminating an Affiliate.
Affiliate Services
Changes to the Affiliate - Each Affiliate must immediately notify MyElevana of all changes to the information contained on the Affiliate Application and Agreement. Affiliates may modify their existing Affiliate User Agreement by submitting a written request, a properly executed Affiliate Application and Agreement, and appropriate supporting documentation.
Addition of Co-applicants - When adding a co-applicant to an existing Affiliate, MyElevana requires both a written request and a properly completed Affiliate Application and Agreement containing the applicant's and co- applicant's signatures. The modifications permitted within the scope of this paragraph do not include a change of sponsorship.
Commission Statements/tax Invoices - Commission Statements/Tax Invoices are provided for all active Affiliates receiving a commission Check in your Affiliate Back Office.
Errors or Questions - In the event an Affiliate has questions about or believes that any errors have been made regarding commissions, bonuses, Down line Genealogy Reports, orders, or charges, the Affiliate must notify MyElevana within thirty (30) days of the date of the purported error or incident in question. MyElevana will not be responsible for any error, omission, or problem not reported within thirty (30) days.
Resolving Problems - If you have any questions regarding shipments, orders, commissions and bonuses, or the Compensation Plan, please write or call the MyElevana Support Services.
Inactivity and Cancellation Policies - Affiliates who do not meet the Personal Sales Volume requirements specified in the MyElevana Compensation Plan may not receive a commission and may lose accumulated Sales Volume for the sales generated through their Down line Organization.
Involuntary Cancellation - An Affiliate's violation of any of the terms of the Affiliate User Agreement, including any amendments which may be made by MyElevana in its sole discretion from time to time, constitutes a material breach of the Affiliate User Agreement and may result, at ABC System’s option, in any of the Disciplinary Actions listed herein, including cancellation of his/her Affiliate. Involuntary Cancellation of an Affiliate will result in the Affiliate's loss of all rights to his/her Down line Organization and any bonuses and commissions generated thereby. An Affiliate whose Agreement is involuntarily cancelled shall receive commissions and bonuses only for the last full calendar week prior to termination. When an Affiliate is involuntarily cancelled, the Affiliate will be notified by certified mail at the address on file with the Company. Cancellation is effective on the date on which written notice is mailed via certified mail, return receipt requested, to the Affiliate's last known address or when the Affiliate receives actual notice of cancellation, whichever occurs first. In the event of such Involuntary Cancellation, the Affiliate must immediately cease to representing himself/herself as a MyElevana Affiliate. The Affiliate may appeal the termination to the MyElevana Compliance Department. The Affiliate's appeal must be in writing and must be received by the company within fifteen (15) calendar days of the date of ABC System’s cancellation letter. If MyElevana does not receive the appeal within the fifteen-day period, the cancellation will be final. The Affiliate must submit all supporting documentation with his/ her appeal correspondence. The written appeal will be reviewed by the Compliance Department. If the Affiliate files a timely appeal of termination, the Compliance Department will review and reconsider the termination, consider any other appropriate action, and notify the Affiliate in writing of its decision. This decision of the Compliance Department will be final. An Affiliate whose Affiliate User Agreement is involuntarily cancelled may reapply to become an Affiliate twelve (12) calendar months from the date of cancellation. Any such Affiliate wishing to reapply must submit a letter to the MyElevana Compliance Department setting forth the reasons why he/she believes MyElevana should allow him or her to operate an Affiliate. It is within ABC System’s sole discretion whether to permit such an individual to again operate a MyElevana business.
Written Cancellation - An Affiliate may cancel his/her Agreement with MyElevana at any time and for any reason by providing written notice to MyElevana indicating his/her intent to discontinue his/her Affiliate status. The written notice must include the Affiliate's signature, printed name, address, and appropriate identification number.
Effect of Cancellation - Following an Affiliate's voluntary or involuntary cancellation, such former Affiliate shall have no right, title, claim, or interest to the Downline Organization which he/she operated or any bonus and/or commission from the sales generated by the organization. Following an Affiliate's voluntary or involuntary cancellation, the former Affiliate shall not hold himself or herself out as a MyElevana Affiliate shall not have the right to sell MyElevana products or services, must remove any MyElevana sign from public view, and must discontinue using any other materials bearing any MyElevana logo, trademark, or service mark. An Affiliate who is voluntarily cancelled will receive commissions and bonuses only for the last full calendar week prior to his/her cancellation. An Affiliate whose Agreement is involuntarily cancelled will receive commissions and bonuses only for the last full calendar week prior to cancellation, unless monies were withheld by the Company during an investigation period. If an investigation of the Affiliate's conduct results in his/her involuntary cancellation, he/she shall not be entitled to recover withheld commissions and bonuses.
Definitions
Active Affiliate - An Affiliate who satisfies the minimum Personal Sales Volume requirements as set forth in the MyElevana Compensation Plan.
Affiliate - An individual who has executed an Affiliate application and agreement which has been accepted by MyElevana. Affiliates are required to meet certain qualifications and are responsible for the training, motivation, support, and development of the Affiliates in their respective Down line Organizations. Affiliates are entitled to purchase MyElevana products at Affiliate prices, enroll Customers and new Affiliates, and take part in all Company Affiliate programs.
Affiliate User Agreement - The term Affiliate User Agreement, as used in the Policies and Procedures, refers to the Affiliate Application and Agreement, ABC System’s Policies and Procedures, and the Compensation Plan.
Cancellation - Termination of an individual's Affiliate. Cancellation may be either voluntary or involuntary
Involuntary Cancellation - Termination of an Affiliate which is initiated by MyElevana.
Voluntary Cancellation - The termination of an Affiliate instituted by the Affiliate who elects to discontinue his/her affiliation with MyElevana for any reason.
Down line Organization - An Affiliate's down line Organization consists of all Affiliates below him/her.
Genealogy Report - A report generated by MyElevana that provides critical data relating to the identities of Affiliates and sales information of each Affiliate's Down line Organization. This report contains proprietary trade secret information.
Left Side Group Sales Volume (GSV) - The commissionable volume of products sold in the left down line leg of a particular Dual Team Foundation.
Right Side Group Sales Volume (GSV) - The commissionable volume of products sold in the right down line leg of a particular Dual Team Foundation.
Immediate Household - An Affiliate, his or her spouse or defacto, and dependents.
Level - The layers of down line Affiliates in a particular Affiliate's down line Organization. This term refers to the relationship of an Affiliate relative to a particular up line Affiliate, determined by the number of Affiliates between them who are related by sponsorship.
Official MyElevana Material - Literature, audio or video tapes, and other materials developed, printed, published, or distributed by MyElevana.
Sponsor - An Affiliate who enrolls a new Affiliate or Preferred Customer and is listed as the Sponsor on the Affiliate Application and Agreement. As the term implies, the Sponsor has a responsibility to assist those he/she brings into the business.
Up line - The term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line to the company. Conversely stated, it is the line of Sponsors that links any particular Affiliate to the Company.
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