NUVERUS USA INC. - Statement of Associate Policies and Procedures
Code of Ethics
As a Associate of NuVerus Corporation (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 NuVerus 100 percent satisfaction, money-back
guarantee 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 self-employment taxes,
income taxes, sales taxes, license fees, etc. I understand that I am an
independent contractor for all federal and state 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.
Operational 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 of $49.95, a NuVerus Associate
Kit of sales materials (not for resale); and training materials. This $49
kit also 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 is $29.95
which will be billed along with the monthly autoship in the month of the
b. The applicant's completed application with payment of the $49.95 NuVerus
Associate Kit fee has been received and accepted by the NuVerus corporate
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
2. Legal age. Associates must be of legal age in the state or 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. In the event Associate makes
optional purchases of products, Associate is responsible for payment of
product orders. In the event Associate does not complete payment for product,
or Associate issues a merchant 'Chargeback' for product that was purchased
by credit card or e-check draft, Associate account may be terminated by
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 a 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
c) Proof must be provided of a Federal ID Number and a copy of the Annual
Certification from the Secretary of State of the State of Trust, Partnership
Registration or Incorporation.
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 a 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. 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 is $29.95 which will be billed along with the monthly
autoship 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.
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
federal or state tax purposes. As independent contractors, Associates will
not be treated as employees, franchisees, joint ventures, partners, or agents
with respect to the Internal Revenue Code, Social Security Act, Federal
Unemployment Tax Act, state unemployment acts, or any other federal, state,
or local statue, ordinance, rule, or regulation.
13. Legal compliance. All Associates shall comply with all federal and
state 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 estimated income
and self-employment taxes. At the end of each calendar year, NuVerus will
issue an IRS Form 1099-MISC for non-employee compensation for Associates
as required by law.
14. Associate identification number. All Associates will be required to
provide a Social Security number or Federal ID number, and NuVerus will
use this number until such time as a 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 a taxpayer
identification number. The Associate identification number must be indicated
by the Associate on all correspondence with NuVerus, including paperwork
for enrolling, product ordering, etc.
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
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 the U.S. 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. A transfer request, without group, will
be considered with the notarized signatures of consent from the five immediate
uplines. A transfer request, with group, will be considered with the notarized
signatures of consent from the five immediate uplines, and the notarized
signatures of consent of each downline wishing to be included in the transfer.
All transfers of sponsorship require the final approval of NuVerus, whose
decision will take into account the overall good of the NuVerus organization.
An administrative fee may be charged for changing the corporate records.
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
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 to the Associate. The occurrence and substance
of this phone call will be documented and kept in Company records.
c. A second violation will result in a written reprimand or disciplinary
letter to be delivered by email and certified mail or courier to the violating
Associate. Such disciplinary action may include partial or temporary suspension
d. Upon a third violation, the Company may terminate the Associate.
Notification of such proposed action will be made via certified mail or
courier to the Associate citing evidence of the violations. Should no
response be provided by the Associate within 15 days from the date of
the notification letter, the termination will, upon Company decision,
e. In any situation where the Associate has committed a violation that
results in notification, complaint, or demand from state or federal regulatory
authorities (e.g. FTC, FDA, or AG) the Company reserves the right and
option to omit the foregoing procedure and to immediately terminate the
Associate upon even a first violation.
f. The terminated Associate must immediately cease representing himself/herself
as an Associate, and will be barred from reapplying as a Associate with
NuVerus for one year. Where applicable state law on termination of a Associate
is inconsistent with Company policy, such state law shall govern.
23. Appeals An involuntarily terminated Associate may appeal the termination
by submitting a letter of appeal, stating the grounds of the appeal. This
letter must be sent U. S. 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 termination notice. If the Company has
not received a letter of appeal by that deadline, the involuntary termination
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 a Associate of NuVerus and that any
commissions, royalty overrides, or bonuses due will be held 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
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, but first
must grant the immediate sponsor a right of first refusal. 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 a 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. Yellow and white page listing. Associates are not permitted to use
the NuVerus trade name or trademarks in advertising their telephone or fax
numbers in the white or yellow page sections of the telephone book.
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
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
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
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. Commissions, overrides, and achievement awards and
recognition are calculated on a calendar month basis.
Commission and override payment date. Commissions are paid weekly on or
about Tuesday of each proceeding week running from Tuesday at 12:00 am to
Monday at 11:59 pm.
Minimum amount for payment of Commission and Override checks: $4.00
Check processing fees: $4.00 for hardcopy checks; no charge for electronic
45. Commission payments. Consult the compensation plan.
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 costs. Associates have the responsibility to indicate (a)
method and means of shipping and (b) destination address. 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
49. Damaged and/or Lost Orders
Damaged Orders: 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 accomplishes 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.
Lost Orders: The shipping company is responsible for any orders that are
not delivered. NuVerus does not guarantee reimbursement or replacement of
product lost or not delivered by a shipping company. NuVerus will assist
Associates with filing a claim and replacing product in the event the Associate
accomplishes the following:
a) Associate/Customer Order Tracking # shows that product
was delivered to the address provided.
b) The Associate/Customer must contact Customer Service within 14 days
of the date tracking shows as delivered.
e) Associate/Customer must provide the Order ID#, and 7 digit ID#.
50. Receipts and suggested retail pricing. NuVerus will provide all retail
purchasers of NuVerus products with written receipts. Although NuVerus provides
a suggested retail price as a guideline, Associates may sell NuVerus products
at whatever retail price they choose.
51. Sales tax. For purchases made from the Company, NuVerus collects and
remits applicable state 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 the address to which the product and/or materials
is shipped. Associates who request a tax-exempt purchase for resale from
NuVerus (not permitted in all states) 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. Exceptions require prior written
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
54. Price changes. All NuVerus product and literature prices are subject
to change without notice.
55. Refunds & Returns:
Retail & Preferred Customers who purchase products directly from NuVerus
are entitled to a 90% refund (within 90 days of purchase) on returned unopened
and re-sellable NuVerus Products. Refunds must be requested in writing to
the NuVerus Office, by confirmed US Mail, by confirmed fax, or by confirmed
NOTE: Every NuVerus Associate must honor this guarantee if they make a hand
to hand sale to a customer. Every NuVerus Associate must also explain the
Refund Policy to their Customers.
Refunds will be accepted on any unused, unopened, and resalable products, within 180 days of purchase date. 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 Membership, marketing and sales material, and promotional items are not refundable.
Marketing & Business Management Materials:
NuVerus does not issue returns on Internet Membership, Marketing Materials, Promotional Materials, and Tools.
NuVerus will replace, within 90 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 USA NuVerus Office.
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) Associate or Customer returning product must obtain an RMA# from NuVerus,
and then place the RMA# on the box in clear vision.
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. Buyer's right to cancel. Federal law empowers a buyer to cancel certain
sales without penalty prior to midnight of the third business day after
the transaction. This rule covers retail consumer sales of $25 or more that
occur away from the seller's main office. The NuVerus Sales Order form contains
all legally required notices. It must be signed by the buyer and two copies
must be given to the buyer on every sale. In addition, the Associate must
orally inform the buyer of the three-day right to cancel at the time the
buyer signs the contract of sale or purchases the goods. With regard to
products, in all cases where the customer, at his or her sole discretion,
deems the Retail Customer Returns policy, stated above, more favorable,
that policy shall apply and override this policy. With regard to services,
at the end of the three day period as stated herein, all sales of services
are final and non-returnable.
57. Associate's responsibility. If a retail customer mails or delivers
to a Associate a valid notice of cancellation prior to midnight on the third
business day after ordering or purchasing the program, service, and/or product,
it must be honored by the Associate. If the buyer has taken delivery of
any goods, they must be returned with the notice in substantially as good
condition as when delivered. With regard to services, the shrink-wrapped
materials describing and explaining the services must be returned unopened.
Within ten business days after receiving the notice, the Associate must
refund all payments made under the contract of sale.
58. 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
59. Record-keeping. NuVerus encourages all its Associates to keep complete
and accurate records of all their business dealings. A recommended publication
is the Retail Industry ATG - Chapter 3 - Examination Techniques for Specific
Industries (Direct Sellers), available from the IRS web site.
60. 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 counter-productive,
and prohibited, since new Associates may be quickly disappointed if their
results are not as rapid as the hypothetical model.
61. Governmental endorsement. Federal and state regulatory agencies do
not approve or endorse direct selling programs. Therefore, Associates may
not represent or imply, directly or indirectly, that the NuVerus program
has been approved or endorsed by any governmental agency.
62. 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
63. Non-waiver provision. No failure of NuVerus to exercise any power
under this Agreement or to insist upon strict compliance by a 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
The Company's waiver of any particular default by a 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.
64. 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 a 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 Florida and shall be adjudicated totally and finally in Miami,
Florida, or such other location as NuVerus prescribes. Louisiana residents
only: In the event of a dispute for jurisdictional purposes, a Louisiana
resident Associate shall be entitled to file an adjudicatory claim or lawsuit
in the jurisdiction of Louisiana and the governing law shall be Louisiana
66. 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, non-performance, 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.