NUVERUS MALAYSIA SBN BHD. - Statement of Associate Policies and Procedures
Code of Ethics
As an Associate of NuVerus Malaysia (hereinafter "NuVerus" or "the Company") I hereby promise and agree that:
1. I will be honest and forthright in all my transactions while acting as an Associate of NuVerus, and will perform all activities in a manner that will enhance my reputation and the reputation of NuVerus.
2. I will not engage in any illegal or deceptive practice.
3. I will be courteous and respect the time and privacy of everyone I contact or solicit in the course of my NuVerus business. I recognize that the NuVerus policies anticipate and require the highest ethical conduct of NuVerus Associates in all their NuVerus business dealings.
4. I will fulfill my leadership responsibilities as a Sponsor, including training and providing support to the Associates in my organization. I understand that the people I sponsor will have an increased opportunity for success in NuVerus when they receive ongoing training and support.
5. I will make no income claims or representations regarding the NuVerus compensation plan, except those in NuVerus literature. I acknowledge that a NuVerus Associate's success depends on many variables, such as amount of time and effort committed to his or her business and his or her skills and organizational ability.
6. I will make no claims for NuVerus products, services or its income opportunity except as published in official NuVerus literature. I understand that even my truthful reports of personal experience of benefits received from NuVerus products, services or its income opportunity may be interpreted as improper NuVerus claims if I use those experiences as a sales device.
7. I will faithfully honor the listed NuVerus Refund Policy when dealing with my retail customers.
8. I understand and agree that I am solely responsible for all financial and legal obligations incurred by me in the course of my business as an Associate of NuVerus products and services, including any taxes or fees in Malaysia. I understand that I am an independent contractor for Malaysia tax purposes.
9. I will compete aggressively but fairly, and I will respect the participants of other network marketing opportunities. I will not solicit from the member lists or customer lists of other network marketing companies, nor focus sales or recruiting efforts solely on the customers or members of any other single company. I will not use sales materials that are regarded as proprietary by other companies.
Policies and Procedures
1. Becoming an Associate. An applicant becomes an Associate of NuVerus when both of the following requirements are completed:
a. The applicant purchases at Company cost, a NuVerus Associate Kit and 1 year Membership. This kit includes sales materials, plus a full year of access to: Personalized NuVerus.com website, Online Associate Management Office, Training, NuVerus Support, eligible to earn Income via the NuVerus Prosperity Plan, and access to Wholesale Pricing. Cost of Associate Kit and Membership is posted online at www.nuverus.com/Malaysia and on the Associate Application at the time of enrollment. There will yearly renewal for continued access to these services which will be billed in the month of the yearly anniversary. Renewal cost is posted on the Associate Application at the time of enrollment. Associates can cancel the renewal by contacting NuVerus within 5 days of the anniversary billing date.
b. The applicant's completed application with payment has been received and accepted by the NuVerus corporate office.
c. Associate must provide a National ID# issued by Malaysia with copy for proof. National ID# will be used for income reporting if any, and identification of the account holder.
d. Choice of Sponsor. In the event an enrolling Associate is approached by multiple associates who desire to be the sponsor, the enrolling associate is encouraged to choose the first associate.
* NuVerus reserves the right to decline any Associate Application, including the application of any person who has had a financial interest of any kind in any NuVerus Associate ship under a different enroller in the preceding six months.
2. Legal age. Associates must be of legal age in Malaysia or the province of their residence.
3. Associate rights. All Associates are authorized to sell NuVerus products and services, and to participate in the NuVerus compensation plan. All Associates may enroll new Associates and Customers.
4. No purchase required. No person is required to purchase any NuVerus products or services. The only purchase required of new Associates is the purchase of a NuVerus Associate Kit. The kit is sold at Company cost to support the efforts of each new Associate with training tools, sales tools and product and income opportunity brochures.
5. Married couples. Married couples who both wish to participate must share a single Associate account. Associates who marry must maintain separate Associate status, unless one is the direct sponsor of the other, or they have the same sponsor, in which case their Associate accounts may be consolidated. When a couple sharing an Associate account divorces or separates, NuVerus will continue to pay commissions and bonuses as before the divorce or separation until it receives written notice, signed by both parties or by a court decree specifying how future commissions and bonuses should be paid.
6. Simultaneous interests. Associates and their spouses or dependents may not have a financial interest in more than one Associate account without the written consent of NuVerus. For example, neither a shareholder of a corporation that is a NuVerus Associate, nor a partner of a partnership that is a NuVerus Associate may become an NuVerus Associate individually.
7. Corporate, partnership and trust documents required. Corporations, Partnerships and Trusts may apply to become Associates of NuVerus only when the Associate Application and Agreement is accompanied by copies of:
a) Articles of incorporation, partnership agreement or trust documents as filed with the State.
b) Corporate applicants must disclose a complete list of all directors, officers, and shareholders involved in the corporation. Partnerships must disclose all general and limited partners. Trusts must disclose the trustee and beneficiary.
c) Proof must be provided of a Company Tax ID Number and a copy of a corporate document issues by the government of Malaysia.
d) Shareholders, partners, beneficiaries and trustees, directors and officers, as applicable, agree to remain personally liable to NuVerus and bound by its rules and regulations.
8. Fictitious and assumed names prohibited. A person or entity may not apply as an Associate using a fictitious or assumed name.
9. Independent Contractor status. All Associates are independent contractors with NuVerus, and not franchisees, joint ventures, partners, employees, or agents of NuVerus. Associates are strictly prohibited from stating or implying, whether orally or in writing that they are franchisees, joint ventures, partners, employees, or agents of NuVerus. Associates may not bind NuVerus to any obligation. No Associate may act as a collection agent for NuVerus purchases by another Associate. Associates are not authorized and are prohibited from soliciting, enticing, or accepting money for another associate as payment for an order to NuVerus.
10. Annual renewal. All Associates must renew their Associate account annually. The annual renewal fee is due on the anniversary of an Associate's application to NuVerus. Renewal amount is listed on the Associate Application upon enrollment that is completed by all Associates. This renewal includes a full year of access to: Personalized NuVerus.com website, Online Associate Management Office, Training, NuVerus Support, eligible to earn Income via the NuVerus Prosperity Plan, and access to Wholesale Pricing. The yearly renewal for continued access to these services (Posted on Associate Application) will be billed in the month of the yearly anniversary. Any Associate not renewing by the renewal date shall be deemed to have voluntarily terminated their Associate account, and thereby forfeited the Associate account, all sponsorship rights, position earned, and any future compensation. Associates can cancel the renewal by contacting NuVerus within 5 days of the anniversary billing date.
11. Indemnity. Associates agree to indemnify and hold harmless NuVerus, its shareholders, employees, agents, and successors in interest from and against any claim, demand, liability, loss, cost, or expense, including, but not limited to, attorney's fees arising or alleged to arise in connection with the Associate account, and any matter related to the Associate's performance under the Associate Agreement.
12. Taxes. Associates will be treated as independent contractors for all Malaysia tax purposes. As independent contractors, Associates will not be treated as employees, franchisees, joint ventures, partners, or agents.
13. Legal compliance. All Associates shall comply with all Malaysia statutes and regulations and local ordinances and regulations concerning the operation of their businesses. All Associates are responsible for their own managerial decisions and expenditures, including all income and self-employment taxes. At the end of each calendar year, NuVerus will issue a tax form showing total non-employee compensation paid during the calendar year, as required by law.
14. Associate identification number. All Associates will be required to provide a National ID, and NuVerus will use this number until such time as an Associate identification number is assigned and for all government reporting purposes. While respecting the rights of the "un-numbered," NuVerus chooses, as a right of contract, to only enter into agreements with those who are willing to provide an identification number.
NuVerus will assign all new Associates a 7 digit Associate ID#. The Associate ID# must be indicated by the Associate on all correspondence with NuVerus, including paperwork submitted to NuVerus.
15. Other products and services. Associates are not restricted from selling the products and services of other companies. However, promotion of products, services or income opportunities of other direct selling companies, to NuVerus customers or Associates, is strictly prohibited. Any Associate found in violation of this rule risks suspension or termination of their Associate account.
16. No exclusive territories. There are no exclusive territories for marketing or enrolling purposes, nor shall any Associate imply or state that he or she does have an exclusive territory. There are no geographical limitations (within Malaysia and its possessions) on Associate enrolling.
17. Enrolling not compensated. NuVerus Associates may enroll other Associates into the NuVerus program. However, Associates are compensated only on product sales volume, and never for enrolling additional participants into the program.
18. Multiple applications. If one applicant submits multiple Applications, only the first completed form to be received by NuVerus will be accepted. NuVerus reserves the right to resolve such disputes.
19. Obligations of Enrollers. Associates who choose to enroll are required to assure the adequate training of their enrolled Associates. "Adequate training" includes (but is not limited to) education regarding NuVerus rules and regulations, compensation plan, product information, sound business practices, sales strategies, and ethical behavior. An enroller must maintain an ongoing, professional leadership association with Associates in his/her organization and must fulfill the obligation of performing as a bona fide sales mentor or sales trainer in the sale or delivery of products to the ultimate consumer. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to NuVerus training, and sharing genealogy information with those enrolled. Associates should be able to provide evidence to NuVerus upon request of ongoing fulfillment of enroller responsibilities.
20. Transferring sponsorship. NuVerus believes in and maintains the maximum protection of the Associate's relationship with his or her sponsor. Therefore, changing sponsors is strictly prohibited.
21. Voluntary termination. An Associate may voluntarily terminate his or her Associate account by failing to renew when applicable or upon written notice to NuVerus. Voluntary termination is effective upon receipt of such notice by NuVerus at its home office. An Associate who terminates his or her Associate account may reapply after waiting six months from termination.
22. Involuntary Termination or Suspension. An Associate may be involuntarily suspended or terminated by NuVerus for violating any of the terms of this Agreement or the provisions of any applicable laws. In ordinary cases, the Company will comply with the following procedures before taking such action:
a. Complaint(s) by one Associate against another Associate regarding any alleged violation(s) will be accepted only if sent to the NuVerus home office in writing signed in ink. No phone or email complaints will be accepted.
b. Normally, the first determination by the Company that an Associate has committed a violation of the policies or procedures will result in a warning by telephone call and/or email to the Associate and if suspended or terminated, certified mail or courier to the Associate will be made citing evidence of the violations. The occurrence and substance of this violation will be documented and kept in Company records permanently. The Associate may be required to meet with a NuVerus Corporate Office to review resolution and future avoidance of additional violations. NuVerus reserves the right to suspend or terminate the Associate on the first complaint depending on the severity of the violation. Suspension will include a loss of commissions for the suspension period. Termination will result in a permanent loss of Associate Account and future commissions.
c. A second violation will result in suspension or termination from NuVerus. Suspension will include a loss of commissions for the suspension period. Termination will result in a permanent loss of Associate Account and future commissions. Notification of such proposed action will be made via phone call and certified mail or courier to the Associate citing evidence of the violations.
d. In any situation where the Associate has committed a violation that results in notification, complaint, or demand from any Malaysia regulatory authority, the Company reserves the right and option to omit the foregoing procedure and to immediately terminate the Associate upon even a first violation.
e. The terminated Associate must immediately cease representing himself/herself as an Associate, and will be barred from reapplying as an Associate with NuVerus for one year. NuVerus reserves the right to deny any future reinstatement requests by Associate.
23. Appeals An involuntarily terminated or suspended Associate may appeal the action by submitting a letter of appeal, stating the grounds of the appeal. This letter must be sent to the Malaysia NuVerus Office by Mail or private delivery service RETURN RECEIPT REQUESTED and must be received by NuVerus within 15 days of the date of mailing of the Company's initial notice of action. If the Company has not received a letter of appeal by that deadline, the involuntary termination or suspension shall automatically become final.
If an Associate files a timely appeal, NuVerus will, in its sole discretion, review and reconsider the termination and notify the Associate of its decision. The decision of the Company shall be final and subject to no further review. If the appeal is denied, the termination shall remain in effect as of the date of the Company's original termination notice.
24. Effect of suspension. Should NuVerus deem it necessary to suspend an Associate, such suspension could mean that the Associate may not have the right to represent themselves as an Associate of NuVerus and that any commissions, royalty overrides, or bonuses may be held or permanently revoked by NuVerus pending resolution. At the discretion of the Company, products and services may be purchased by a suspended Associate at wholesale. However, should termination result, product and services may be purchased only from another NuVerus Associate.
25. Effect of termination. In the event an Associate is terminated, effective
with such termination the Associate can no longer sell NuVerus products
and services, or enroll other Associates. The Associate also loses all rights
to commissions, bonuses, and all other benefits.
26. Limits on transferability or sale An Associate may sell, assign, or transfer his or her Associate account to a non-NuVerus Associate. No sale, assignment, or transfer of any Associate account shall be effective without the prior written approval of NuVerus whose approval will not be unreasonably withheld. If it is determined in the Company's sole discretion that the Associate account was transferred in an effort to circumvent compliance with this Agreement, the transfer shall be declared null and void, and the Associate entity shall revert back to the transferring Associate, who shall be treated as if the transfer had never occurred from the reversion day forward. An administrative fee may be charged for changing the corporate records.
27. Vendor relationships. No Associate shall contact, directly or indirectly, or speak to or communicate with any representative of any supplier or manufacturer of NuVerus, except as arranged by NuVerus. Violation of this rule may result in termination of Associate benefits and possible claims for damages if the vendor relationship is compromised by the Associate contact.
28. Confidentiality Agreement. Information contained in any genealogy or downline report provided to an Associate by NuVerus is proprietary and confidential to NuVerus, and is transmitted to the Associate in strictest confidence. The Associate agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information to compete with NuVerus or for any purpose other than promoting the NuVerus income opportunity. The Associate and NuVerus agree that, but for this agreement of confidentiality and non-disclosure, NuVerus would not provide the information to the Associate. Any Associate who is found to be in violation of this rule risks suspension or termination. NuVerus reserves the right to seek damages to the fullest extent of the law.
29. Succession. Upon the death of an Associate, the Associate account shall pass by will or interstate succession, as provided by law. NuVerus will require the successor in interest to sign and be bound by the then current Associate Agreement. The successor shall then be entitled to all the rights and subject to all the obligations, just as any other NuVerus Associate.
30. Trademarks. The name NuVerus and the names of all NuVerus products and services are the registered or unregistered trademarks of and owned by NuVerus. Only NuVerus is authorized to produce and market products and literature under these trademarks. Use of the NuVerus name on any item not produced or authorized by NuVerus is prohibited.
31. Imprinted checks. NuVerus Associates are not permitted to use the NuVerus trade name or any of its trademarks on their business or personal checking accounts. However, Associates may imprint their NuVerus business checks as being an "Independent Associate of NuVerus".
32. Phone Book Listing. Associates are not permitted to use the NuVerus trade name or trademarks in advertising their telephone or fax numbers in any Malaysia Phone Book Listing.
33. Imprinted business cards or letterheads. NuVerus Associates are not permitted to incorporate into their own business card or letterhead graphics any NuVerus trade name or trademarks. Only the approved NuVerus graphics version and wording are permitted, and letterhead must be ordered either from NuVerus directly or from a NuVerus approved source.
34. Company literature. Only official NuVerus literature may be used in presenting NuVerus products, services and the NuVerus income opportunity. Company literature may not be duplicated or reprinted without prior written permission from NuVerus. All promotional material of any nature, including electronic, must be approved in advance and in writing by NuVerus.
35. Media interviews. Associates are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize NuVerus, its products, services or their individual NuVerus business except with the express, written approval of NuVerus. All media contacts and inquiries must be coordinated through the approval and representation of a NuVerus Corporate Representative.
36. Internet and web site policy.
a) No Associate may independently design or publish a web site that uses the names, logos, or product descriptions of NuVerus without written permission from NuVerus.
b) No Associate may use "blind" ads on the Internet making product or income opportunity representations that are or may be associated with NuVerus.
c) No Associate may under any circumstance use the Internet for the purpose of indiscriminate "bulk" or unsolicited mailing, generally known as "spamming."
d) No Associate may violate any local, state, or federal laws regarding the Internet or any generally accepted ethical codes of Internet conduct.
37. Independent communications. Associates, as independent contractors, are encouraged to distribute information and direction to their respective downlines. NuVerus encourages the use of newsletters, training workshops, and other organizational programs. Associates must identify their personal communications as such, and not give the impression that such communications are the official communications of NuVerus.
38. Associate training. Associates are responsible for providing training to the Associates they enroll. Training assistance is provided in the NuVerus Associate Kit materials. Also, each Associate receives periodic NuVerus publications that includes ongoing training and product and services information. Further, Associates may attend local and regional training workshops for Associates, and participate in NuVerus-originated national training conference calls.
39. Endorsements. No endorsements of any kind, including by NuVerus officers, may be alleged, except as expressly communicated in NuVerus literature or approved in writing.
40. Copying prohibited. Associates shall not copy for sale or personal use audio or video taped material detailing the NuVerus income opportunity or product or service presentations, events, or speeches, including conference calls without written permission from NuVerus. NuVerus may seek injunctive relief or damages from the violator for the unauthorized use of NuVerus copyrights, trademarks, and materials. Video or audio taping of NuVerus meetings and conferences is strictly prohibited. Still photography is allowable at the discretion of the meeting host.
41. Telephone answering. Associates may not answer the telephone by saying "NuVerus," or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of NuVerus.
42. Repackaging and relabeling prohibited. Associates may not repackage or relabel any NuVerus products, services or materials in any way.
43. Associate Application and Agreement. Commissions and Overrides cannot be paid until a completed Associate Application and Agreement has been received and accepted by NuVerus. Commissions are paid ONLY on the sale of NuVerus products and services. No commissions are paid on the purchase of an Associate Kit, which is sold at Company cost.
44. Calendar period. Qualified Paid Rank is calculated on a calendar month
basis. Commissions are processed weekly. Commissions are processed at the
same time for all countries. Commissions are processed within 48 hours of
the close of the week.
A Commissions week runs from:
USA Time: Tuesday at 12:00 am to Monday at 11:59 PM. (PST)
Malaysia Time: Tuesday at 1:00 PM to Tuesday at 12:59 PM (MYT)
Consult the Prosperity Plan section of the Malaysian Associate Office for
45. Commission payments. NuVerus issues Commissions Payments on a weekly
basis. After commissions are processed, each Associate Account that earned
commissions will have a credit placed in their NuVerus Account. Associates
can then use their NuVerus Account Credit to purchase products or to request
a commissions check.
Consult the Prosperity Plan section of the Malaysian Associate Office for Details.
46. Stockpiling prohibited. The NuVerus program depends on, and requires, retail sales to the ultimate consumer; therefore, all forms of stockpiling or product loading are discouraged. NuVerus recognizes that Associates may wish to purchase certain products in reasonable amounts for their own use and for availability to new Associates as they are enrolled. However, NuVerus strictly prohibits the purchase of products in unreasonable amounts solely in an attempt to qualify for advancement in the compensation plan.
47. Sales volume qualification by order taking. The Company has adopted minimum personal and group business volume requirements for Certain levels of Associates. This is an optional requirement for Associates seeking higher levels in the compensation plan. Minimum business volume requirements may also be fulfilled by taking orders from retail customers which will be fulfilled by the Company directly shipping to the retail customer.
48. Shipping and Handling costs. Associates have the responsibility to indicate (a) method and means of shipping and (b) destination address or (c) Local Pickup of Product. The methods available are stated on each order form and the prepaid costs, if selected, can be calculated by the shipping and handling cost information also provided. NOTE: Should the receiving party of any order shipped from NuVerus refuse delivery and the shipment be returned to NuVerus, the ordering Associate's status will be made "inactive" pending resolution of the delivery refusal. Non-accepted delivery charges will be debited to the Associate's account.
49. Damaged goods. The shipping company is responsible for any damage that occurs after it takes physical custody of the goods. NuVerus does not guarantee reimbursement or replacement of product damaged by a shipping company. NuVerus will assist Associates with filing a damage claim and replacing product in the event the Associate accomplished the following:
a) Associate/Customer has accepted delivery.
b) Associate/Customer takes pictures of the damaged product and the box.
c) Associate/Customer saves the damaged product and box in the event NuVerus requests it to be sent for inspection.
d) The Associate/Customer must contact Customer Service within 14 days of acceptance of product by delivery service.
e) Associate/Customer must email the Order ID#, 7 digit ID#, along with pictures within 14 days of verified delivery date.
50. Receipts and Suggested Retail Pricing. NuVerus will provide all retail purchasers of NuVerus products with written or emailed receipts. Although NuVerus provides a suggested retail price as a guideline, Associates may sell NuVerus products at whatever retail price they choose. Suggested Retail Pricing Policy listed here does not apply to Stockist Store Associates.
51. Sales tax. For purchases made from the Company, NuVerus collects and remits applicable Malaysia Sales Tax which may be due on the suggested selling price of those products and/or materials which are subject to tax. The applicable rate of tax due is based on Malaysia tax laws. Associates who request a tax-exempt purchase for resale from NuVerus (if allowed in Malaysia) must provide the Company with a copy of their valid and current resale exemption certificate showing a resale tax number. This number must appear on all orders placed with NuVerus. The Associate must then collect the tax from his/her retail customer and remit it to the proper state and local taxing authority. All Associates must pay tax to the Company on their personal purchases made for personal use and consumption. As an Associate you agree to abide by the rules and procedures as set forth in the sales tax collection agreements that the Company may enter into with the various states and local jurisdictions.
52. Retail outlets. NuVerus products may not be sold to or in, or be displayed by any retail outlet, including, but not limited to, flea markets or swap meets, shopping mall booths or restaurants without written permission from NuVerus. NuVerus reserves the right to deny any request for a Retail Outlet.
53. Service oriented establishments. It is permissible to take orders for NuVerus products and services in businesses such as professional services offices, "by appointment" establishments or similar non-retail establishments.
54. Price changes. All NuVerus product and literature prices are subject to change without notice.
Retail & Preferred Customers who purchase products directly from NuVerus are entitled to a refund (within 180 days of purchase date) on returned, unopened and re-sellable NuVerus Products. Refunds must be requested in writing to the Malaysia NuVerus Office or by written request, delivered in person, or by confirmed email. Net refunds to customers are based on application of administration fees in connect with the Refund Transaction.
Every Associate selling directly and receiving the funds directly from
all Customers, must honor this Customer Refund Policy and refund the Customer
90% of the purchase price, on all returned, unopened and re-sellable NuVerus
Products that is returned within 180 days of purchase date. Every NuVerus
Associate must also explain this Refund Policy to their Customers
If an Associate has purchased products for inventory purposes or monthly qualification for commissions and bonuses, returns are not accepted unless the Associate returns all commissions earned during that period, or did not earn any commissions and bonuses during the period. Associates are then entitled to a 100% refund (within 180 days of purchase) on returned on-opened and re-sellable NuVerus Products. Net refunds are based on paid out bonuses deducted, and other administration fees in connect with the Refund Transaction. Non PV items, including but not limited to Internet package, marketing and sales material, and promotional items are not refundable
Marketing & Business Management Materials:
NuVerus does not issue returns on non PV items including but not limited to Internet Membership, Marketing Materials, Promotional Materials, and Tools.
Fast Start Packages:
Associates who purchase a Fast Start Package are entitled to a 100% refund within 14 days of purchase date (Cooling Off Period) on returned, unopened and re-sellable NuVerus Products and Marketing Materials that are part of a Fast Start Package.
NuVerus will replace, within 60 days of purchase, any product found to be defective. However, no product should be returned to NuVerus before prior approval is received. Send request for replacement of defective product in writing to the Malaysia NuVerus Office or by written request, delivered in person, or by confirmed email.
All Refunds and Returns must meet the following:
a) A written Refund or Return request must be submitted, stating the reason for the request and accompanied by proof of payment and a copy of the purchase order form or packing slip.
b) All requests must be submitted to NuVerus Corporate Office. NuVerus Stockist Stores will not process or authorize returns.
c) NuVerus will instruct the Associate or Customer where to ship the product for Refund or Return, and will also provide the appropriate quantity of authorized product return. Upon receipt and verification of the product, NuVerus will refund or ship replacement product as appropriate.
d) Returning Associate or Customer is responsible for shipping costs or to hand deliver the NuVerus product to the Associate Office or the Stockist Store of original distribution as instructed by NuVerus.
NOTE: Any return received without prior approval will be rejected.
56. Liability. To the extent permitted by law, NuVerus shall not be liable for and Associate releases NuVerus from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by Associate as a result of (a) the breach by Associate of this Agreement, (b) the operation of Associate's business, (c) any incorrect or wrong data or information provided by Associate, or (d) the failure to provide any information or data necessary for NuVerus to operate its business, including without limitation, the enrollment and acceptance of Associate into the income opportunity or the payment of commissions and bonuses.
57. Record-keeping. NuVerus encourages all its Associates to keep complete and accurate records of all their business dealings.
58. Income claims. No income claims, representations, or projections may be made to prospective Associates. Obviously, any false, deceptive or misleading claims regarding the opportunity or product/service are prohibited. Associates occasionally represent hypothetical income figures based upon the power of network marketing as actual income projections. This is counterproductive, and prohibited, since new Associates may be quickly disappointed if their results are not as rapid as the hypothetical model.
59. Cross-line recruiting: A NuVerus Associate may not solicit an individual or entity that has been previously sponsored by another Associate or that is considering joining NuVerus and being sponsored by another Associate. During the term of their Associate agreement and for a period of one (1) year after their Agreement has expired or terminated.
NuVerus Associates are further prohibited from directly or indirectly soliciting an existing or pending Associate into a sales organization in which he/she is not currently an Associate. This includes soliciting a current Associate to join in another name, family name, friend's name, company name, or any name that has any connection to the Associate.
NuVerus Associates may not solicit an Associate whether active, inactive, individual or an entity, to participate in another network marketing program offered by any other company, regardless of whether or not such network marketing company offers similar products or services.
60. NuVerus Exclusive Marketing Policy. Qualified Emerald and above Associates are subject to the following exclusive Network Marketing Policy:
NuVerus Associates at Elite (Bronze Elite) or higher rank may not participate, join, earn income, attend meetings or events, or promote any other Network Marketing or Direct Selling company. In the event an Associate was enrolled in another company prior to achieving the rank of Emerald or higher, the associate must resign from the other Network Marketing within 30 days. Any Associate found in violation of this policy will be suspended without commissions, and will be subject to an investigation, and subject to termination within 14 days. If Terminated, Associate will not be allowed to appeal or reinstate in the future.
61. Price Policy: Associates may not sell any NuVerus Products at a price less than the posted Retail Prices. Prices are posted in the Associate Virtual Office and can be obtained at the local NuVerus Office.
62. Governmental endorsement. Malaysia regulatory agencies do not endorse direct selling programs. Therefore, Associates may not represent or imply, directly or indirectly, that the NuVerus program has been endorsed by any governmental agency.
63. Amendments. NuVerus reserves the right to amend this Agreement, its prices, product availability, and compensation plan as it deems appropriate. Amendments will be communicated to all Associates through NuVerus publications. Amendments are effective and binding on all Associates as of the date of their publication.
64. Non-waiver provision. No failure of NuVerus to exercise any power under this Agreement or to insist upon strict compliance by an Associate with any obligation or provision herein, and no custom or practice of the parties at variance with this Agreement, shall constitute a waiver of the Company's right to demand exact compliance with this Agreement. Waiver by the Company can only be made in writing by an authorized officer of the Company.
The Company's waiver of any particular default by an Associate shall not affect or impair the Company's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Associate.
65. Severability. If any provision of this Agreement, including these rules and regulations, or any specification or operating procedure which NuVerus has prescribed is held to be invalid or unenforceable under law or rule of any applicable jurisdiction, NuVerus shall have the right to modify the invalid or unenforceable provision to the extent necessary to render it valid and enforceable. The Associate shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
65. Jurisdiction. All disputes and claims relating to this Agreement, the NuVerus compensation plan, its products, the rights and obligations of an Associate and NuVerus, or any other claims or causes of action relating to the performance of this Agreement by either party, shall be governed by the laws of Malaysia or such other location as NuVerus prescribes.
67. Limitation of damages. To the extent permitted by law, NuVerus and its affiliates, officers, directors, employees, and other representatives shall not be liable for, and the Associate hereby releases the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to NuVerus performance, nonperformance, act, or omission with respect to the business relationship or other matters between the Associate and NuVerus whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage to the Associate shall not exceed, and is hereby expressly limited to, the amount of unsold NuVerus products and services owned or held by the Associate and commissions owing.
68. Stockist Store: Associates who apply and are accepted as a Stockist Store must also submit an Associate Application. Associates who have a Stockist Store must adhere to the all the policies listed above and on the Stockist Agreement. In the event there is conflicting terms, the Stockist Store agreement will take precedent of the policies above
|NuVerus Facebook||NuVerus YouTube||NuVerus TV / Media|