POLICIES & PROCEDURES
impact MVP, Inc. (hereafter referred to as "impact MVP" or the "Company") has made a commitment to provide the finest social selling experience backed by impeccable service to its Associate Members and Customers through a purpose-driven model. In turn, the Company expects impact MVP Associate Members to reflect that image in their relationships with Customers and fellow Associate Members.
As a impact MVP Associate Member, you are expected to operate your business according to the highest standards of integrity and fair practice in your role as a impact MVP Associate Member. Failure to comply with our Code of Ethics can result in your termination as a impact MVP Associate Member.
The Code of Ethics, therefore, states:
As an Independent impact MVP Associate Member:
• I will conduct my business in an honest, professional, moral, ethical, and legal manner at all times.
• I will make no representations about the income benefits of being an Associate Member with impact MVP or the benefits of the impact MVP products other than those contained in officially approved Company literature.
• I will provide support and encouragement to my Customers and other Associate Members to ensure that their experience with impact MVP is a successful one.
• I will motivate and actively work with Associate Members in my downline organization to help them build their impact MVP Associate Business. I understand that this support is critical to each Associate Member's success with impact MVP.
• I will refrain from making income claims, exaggerating my personal income or the income potential in general and will stress to Associate candidates the level of effort and commitment required to succeed in the business.
• I will not abuse the goodwill of my association with impact MVP to further or promote other business interests (particularly those which may be competitive to impact MVP) without the prior written consent of impact MVP.
• I will not make disparaging remarks about other products, services, Associates, or companies; likewise, I will not willfully denigrate the activities or personalities of fellow impact MVP Associate Members. I understand impact MVP has a zero-tolerance policy for disparagement, racism and bullying.
• I will abide by all of the Policies and Procedures of impact MVP as included herein, or as may be amended from time to time.
• I will not make any payment(s) or promise to pay any prospective or existing Associate in return for such Associate's enrollment, continued enrollment, or team building or recruiting activities with impact MVP.
2.1 – Policies, Compensation & Rewards Plan Incorporated into the Associate Agreement 4
2.3 – Changes to the Agreement 5
2.5 – Policies and Provisions Severable 5
SECTION 3 – BECOMING An Associate MEMBER 6
3.1 – Requirements to Become an Associate Member 6
Be at least 18 years of age 6
3.2 – Associate Member Benefits 6
SECTION 4 – OPERATING A impact MVP ASSOCIATE BUSINESS 7
4.1 – Adherence to the impact MVP Compensation and Rewards Plan 7
4.2 – Bonus Buying Prohibited 7
4.4 – Changes to an impact MVP Associate Business 8
4.4.3 – Cancellation and Reapplication 8
4.5 – Unauthorized Claims and Actions 9
4.5.2 – Income Claims and Marketing 9
4.5.3 – Claims of Illegal Use 9
4.6 – Conduct at impact MVP Corporate Events 10
4.6.1 – No Selling or Recruiting at impact MVP Events 10
4.6.2 – No Selling or Recruiting for Other Companies at impact MVP Events 11
4.7 – Conflicts of Interest 11
4.7.3– Downline Activity (Genealogy) Reports 12
4.11 – Governmental Approval or Endorsement 13
4.12 – Manipulating Applications or Enrollments 13
4.15 – Independent Contractor Status 14
4.16.1 – Business Pursuits Coverage 15
4.17 – International Marketing 15
4.20 – Actions of Household Members or Affiliated Individuals 15
4.21 – One impact MVP Associate Business Per Associate and Household Restrictions 16
4.23 – Requests for Records 16
4.24 – Sale, Transfer or Assignment of a impact MVP Associate Business 16
4.25 – Separation of a impact MVP Associate Business 17
SECTION 5 – RESPONSIBILITIES OF Associate MEMBERS 18
5.1 – Change of Address or Telephone 18
5.2 – Continuing Development Obligations 19
5.2.2 – Increased Training Responsibilities 19
5.2.3 – Ongoing Sales Responsibilities 19
5.3 – Non–Disparagement, Racism and Bullying 19
5.4 – Providing Documentation to Applicants 20
5.5 – Reporting Policy Violations 20
SECTION 6 – SALES REQUIREMENTS 20
6.3 – Territory Restrictions 20
SECTION 7 – BONUSES AND COMMISSIONS 21
7.1 – Bonus and Commission Qualifications 21
7.2 – Commission Payments and Promotions 21
7.2.1 – Payments, Calculations, and Bonuses 21
7.3 – Adjustment to Bonuses and Commissions 21
7.3.1 – Adjustments for Returned Products or Chargebacks 21
7.4 – Unclaimed Commissions and Credits 21
7.6 – Sales Contests and Promotions 22
SECTION 8 – RETURNS AND SALES AIDS REPURCHASE 22
8.1 – Customer Sales and Customer Returns 22
SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS 24
9.1 – Disciplinary Sanctions 24
9.2 – Grievances and Complaints 25
9.4 – Governing Law, Jurisdiction and Venue 25
9.4.1 – Louisiana Residents 25
SECTION 10 – INACTIVITY AND CANCELLATION 26
10.1 – Effect of Cancellation 26
10.2 – Involuntary Termination 26
10.3 – Voluntary Termination 26
These Policies and Procedures, in their present form and as amended at the sole discretion of impact MVP, are incorporated into and form an integral part of the impact MVP Associate Agreement. Throughout these Policies and Procedures, when the term "Agreement" is used, it collectively refers to the impact MVP Associate Application and Agreement Form, these Policies and Procedures, and the impact MVP Compensation and Rewards Plan. These documents are incorporated by reference into the impact MVP Associate Agreement (all in their current form and as may be amended by impact MVP).
impact MVP is a social selling company that markets products through Independent Associate Members. Independent Associate Members have the ability to receive commissions and bonuses by selling impact MVP products and services (see impact MVP Compensation and Rewards Plan). It is important to understand that your success and the success of your fellow Associates depend on the integrity of those who market our services. To clearly define the relationship that exists between Associates and impact MVP, and to explicitly set a standard for acceptable business conduct, impact MVP has established the Agreement. impact MVP Associates are required to comply with all of the provisions set forth in the Agreement, which impact MVP may amend at its sole discretion from time to time, as well as with all federal, state, and local laws governing their impact MVP business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this document carefully. It explains and governs the relationship between you, as an independent contractor, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the impact MVP corporate office.
Because laws and the business environment periodically change, impact MVP reserves the right to amend the Agreement, the products offered, the compensation and rewards plan, and the prices at the Company's sole and absolute discretion. By signing the Associate Member Agreement, an Associate Member agrees to abide by all amendments or modifications that impact MVP elects to make. Amendments shall be effective immediately after publication. The Company shall provide or make available to all Associate Members a complete copy of the amended provisions by one or more of the following methods: (a) posting on the Company's official website; (b) electronic mail (email); (c) inclusion in Company periodicals; (d) inclusion with commissions or bonus checks; or (e) special mailings.
impact MVP shall not be responsible for delays or failures in the performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riots, war, pandemics, fire, death, curtailment of a party's source of supply, government decrees or orders, and acts of God.
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed, and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement.
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of impact MVP to exercise any right or power under the Agreement or to insist upon strict compliance by an Associate with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of impact MVP's right to demand exact compliance with the Agreement. A waiver by impact MVP can be affected only in writing by an authorized officer of the Company. impact MVP's waiver of any particular breach by an Associate Member shall not affect or impair impact MVP's rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Associate Member. Nor shall any delay or omission by impact MVP to exercise any right arising from a breach affect or impair impact MVP's rights as to that or any subsequent breach. The existence of any claim or cause of action of an Associate Member against impact MVP shall not constitute a defense to impact MVP's enforcement of any term or provision of the Agreement.
To become an impact MVP Associate Member, each applicant must:
Reside in the 50 United States or other jurisdictions officially opened by the Company
Have a valid Social Security or Tax ID number
Submit an accepted impact MVP Associate Member Application and Agreement
The Company reserves the right to reject any applications for a new Associate Member. No product purchase is required to become a new Associate Member.
Once the Associate Application and Agreement have been accepted by impact MVP, the following benefits are available to the new Associate:
• Market and sell impact MVP products and services
• Participate in the impact MVP Compensation and Rewards Plan (receive bonuses and commissions, if eligible)
• Enroll other individuals as Associate Members into the impact MVP Associate Business and thereby, build a marketing organization and progress through the impact MVP Compensation and Rewards Plan
• Receive periodic impact MVP literature and other impact MVP communications
• Participate in impact MVP sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
• Participate in promotional incentives and programs sponsored by impact MVP for its Associate Members
Associate Members must adhere to the terms of the impact MVP Compensation and Rewards Plan as set forth in the official impact MVP literature.
Associate Members shall not offer the impact MVP opportunity through or in combination with, any other system, program, or method of marketing other than that specifically set forth in official impact MVP literature. Associate Members shall not require or encourage other current or prospective Customers or Associate Members to participate in impact MVP in any manner that varies from the program as set forth in the official impact MVP literature. Associate Members shall not require or encourage other current or prospective Customers or Associate Members to execute any agreement or contract other than official impact MVP agreements and contracts in order to become an impact MVP Associate Member. Similarly, Associate Members shall not require or encourage other current or prospective Customers or Associate Members to make any purchase from, or payment to, any individual or other entity to participate in the impact MVP Compensation and Rewards Plan other than those purchases or payments identified as recommended or required in official impact MVP literature.
Bonus buying is strictly and absolutely prohibited. "Bonus buying" includes:
(a) the enrollment of individuals without their knowledge and agreement and/or without execution of an Associate Member Application;
(b) the fraudulent enrollment of an individual as an Associate
(c) the enrollment or attempted enrollment of non–existent individuals as Associates
(d) the use of a credit card by or on behalf of an Associate Member or customer when the Associate Member or customer is not the account holder of such credit card
(e) purchasing impact MVP products on behalf of another or under another Associate Member, outside of your own to qualify for commissions or bonuses
A Partnership, LLC or Corporation may hold an impact MVP Associate Business upon completion of the Associate Member Application form, and providing on that form in the appropriate space, a Federal tax ID number. impact MVP may request proof of incorporation to validate a business entity’s existence. An individual may not participate in or have any beneficial interest in more than one (1) Associate business of any kind. The person signing the application on behalf of a business entity must have the authority of said entity for entering into the transaction. In addition, by signing for a business entity, you certify that no person with an interest of debt or equity in the business has had an interest in an Associate Business with impact MVP within six (6) months of the date of signature.
Each Associate Member must immediately notify impact MVP of all changes to the information contained in his or her Associate Member Application and Agreement. Associate Members may modify their existing Associate Member Agreement Form by submitting a written request and the appropriate supporting documentation.
To protect the integrity of all marketing organizations and safeguard the hard work of all Associate Members, impact MVP does not allow changes in enroller for active Associate Members. Maintaining the integrity of the enrollership is critical for the success of every Associate Member and marketing organization. Accordingly, the transfer of an impact MVP Associate Business from one enroller to another is not permitted.
Exception – A request for a change in enroller, due to an impact MVP error, will be accepted within 3 days of the submission of the new Associate Member application.
An Associate Member may legitimately change organizations by:
a) Voluntarily canceling his or her impact MVP Associate Member Agreement and remaining inactive (i.e., no purchases of impact MVP products; no sales of impact MVP products; no enrolling; no attendance at any impact MVP functions, no participation in any other form of Associate Member activity, and no operation of any other impact MVP Associate Business) for 6 full calendar months.
Following the 6 full calendar month period of inactivity, the former Associate Member may reapply under a new enroller. However, the former Associate Member will permanently lose any and all right to their former Associate Member Downline organization. "Downline" shall mean the organization of Independent Associate Members that enroll and are placed under any Independent Associate Member.
An impact MVP Associate Member is fully responsible for all of his or her verbal and written statements made regarding impact MVP products, services, and the Compensation and Rewards Plan that are not expressly contained in official impact MVP materials. Associate Members agree to indemnify impact MVP and impact MVP's directors, officers, employees, and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by impact MVP as a result of the Associate's unauthorized representations or actions. This provision shall survive the termination of the Associate Member Agreement.
In their enthusiasm to enroll new prospective Associate Members, some Associate Members are occasionally tempted to make health claims or income claims, or earnings representations to demonstrate the inherent power of social selling. This is counterproductive because new Associate Members may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved.
Moreover, the Federal Trade Commission and the States have laws or regulations that regulate or even prohibit certain types of income and health claims and testimonials made by persons engaged in social selling. While Associate Members may believe it is beneficial to provide copies of checks or to disclose their earnings or others, such approaches have legal consequences that can negatively impact impact MVP as well as the Associate Member making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because Associate Members do not have the data necessary to comply with the legal requirements for making income claims, an Associate Member may NOT make income projections, income claims or disclose his or her impact MVP income (including, but not limited to, the showing of checks, copies of checks, bank statements or tax records). Please refer to the “impact MVP FTC Guidelines for Influencers on Social Media” support literature in your back office for additional information.
When promoting the products and the tremendous opportunity impact MVP offers, Associate Members must use only the sales tools and support materials produced by impact MVP. The Company has carefully designed its products, product labels, the Compensation and Rewards Plan, and other promotional materials to ensure that they are promoted in a fair, truthful manner; that they are substantiated, and the material complies with the legal requirements of federal and state laws. Accordingly, Associate Members must not produce their own literature, advertisements, sales tools, promotional materials, Internet Web pages, blogs, and/or social media pages.
When promoting impact MVP products, Associate Members shall not make any verbal or written statement regarding the use or potential use of impact MVP products for any illegal purpose. This includes, but is not limited to, statements regarding knowledge of the illegal use of impact MVP products by the Associate Member or any third party, the compatibility of impact MVP products with any other product known to be used for illegal purposes, or the potential compatibility of impact MVP products with any other product known or unknown that would facilitate any practice prohibited by law. Associate Members agree to indemnify impact MVP and impact MVP's directors, officers, employees, and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by impact MVP as a result of any such statements made by the Associate Member.
No claims may be made (including those made in personal testimonials) as to the therapeutic, curative, or beneficial properties of any products offered by impact MVP. An Associate Member may not make any prescriptive, disease, medicinal, or therapeutic claims for any impact MVP product or specifically prescribe impact MVP product(s) as suitable for the treatment of any ailment. No representation or sales offers may be made relating to impact MVP product(s) that are not accurate or truthful as to grade, quality, performance, and availability. Appropriate product information is contained in authorized impact MVP literature and is subject to periodic review and revision by impact MVP. It is the Associate’s responsibility to obtain and use only current literature and materials. All product representations made by an Associate Member must be the same as those found in current impact MVP literature. Associate Members are prohibited from diagnosing any medical condition or prescribing or suggesting any impact MVP product as a form of treatment for any disease or condition. Additionally, testimonials in literature and websites must not contain any reference to cures, healings, miraculous recoveries, and/or the suggestion to cease taking any physician-prescribed medications; and must state that the material does not represent that all people will have the same experience. All product claims must be accompanied by a disclaimer acceptable to impact MVP, stating the comments displayed were for information purposes only, and have not been evaluated by the Food and Drug Administration and therefore are not intended to diagnose, treat, cure or prevent any disease. impact MVP products are designed to be an important overall part of an individual’s daily healthy lifestyle. impact MVP believes in embracing health, not fighting disease. If an interested person, Customer, or Associate Member is suffering from a medical condition, it is recommended that they speak with a medical professional prior to making any nutritional or dietary changes in their lives. Not only do such claims violate impact MVP policies, but they potentially violate federal and local laws and regulations, including the Federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act. Please refer to the “impact MVP FTC Guidelines for Influencers on Social Media” support literature in your back office for additional information.
Selling and recruiting at official impact MVP corporate events is not permitted. These activities take away from the primary focus of the event and can negatively reflect on the professional image of impact MVP as a company. You may, however, offer a business card.
impact MVP Associate Members shall not sell any products or recruit for any business during impact MVP events unless such other company is doing business with impact MVP.
This restriction most specifically applies to sales and recruitment efforts for any other social selling, direct sales, or marketing program, regardless of the product category, including those that do not compete with impact MVP's product line, unless such other company is doing business with impact MVP.
impact MVP Associate Members are free to participate in other social-selling, multilevel, or network marketing business ventures or marketing opportunities (collectively "social selling"). Associate Members may not display impact MVP products with any other products or services in a fashion that might in any way confuse or mislead a prospective Customer or Associate Member into believing there is a relationship between the impact MVP and non–impact MVP products or services.
During the term of this Agreement, Associate Members may not recruit other impact MVP Associate Members or Customers away to other social selling businesses with competing products. Following the cancellation of this Agreement for any reason, and for a period of 6 months thereafter, a former Associate Member may not recruit any impact MVP Associate Member or Customer for another social selling business with competing products. The Associate Members and Company recognize that because social selling is conducted through networks of independent contractors dispersed across the entire United States, and business is commonly conducted via the Internet and telephone, an effort to narrowly limit the geographic scope of this non–solicitation provision would render it wholly ineffective. Therefore, the Associate Member and Company agree that this non–solicitation provision shall apply to all markets in which impact MVP conducts business unless such company is doing business with impact MVP. The term "recruit" means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or through a third party, another impact MVP Associate Member or Customer to enroll or participate in another social selling, multilevel marketing, network marketing or direct sales opportunity in lieu of purchasing products and services from impact MVP.
Downline Activity Reports made available for Associate Member access and viewing through impact MVP's official website are considered confidential. Associate Member access to their Downline Activity Reports is password protected. All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to impact MVP. Downline Activity Reports are provided to Associate Members in the strictest of confidence and are made available to Associate Members for the sole purpose of assisting Associate Members in working with their respective Downline Organizations in the development of their impact MVP Associate Business. Associate Members should use their Downline Activity Reports to assist, motivate and train their Downline Associate Members. The Associate Member and impact MVP agree that, but for this agreement of confidentiality and nondisclosure, impact MVP would not provide Downline Activity Reports to the Associate Member. An Associate Member shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation, or other entity:
• Directly or indirectly disclose any information contained in any Downline Activity Report to any third party
• Directly or indirectly disclose the password or other access code to his or her Downline Activity Report
• Use the
information to compete with impact MVP or for any purpose other than
promoting his or her impact MVP Associate Business
• Recruit or solicit any Associate Member or Customer of impact MVP listed on any report or in any manner attempt to influence or induce any Associate Member or customer of impact MVP to alter their business relationship with impact MVP
• Use or disclose to any person, partnership, association, corporation, or other entity any information contained in any Downline Activity Report.
• Upon demand by the Company, any current or former Associate Member will return the original and all copies of Downline Activity Reports to the Company.
Actual or attempted cross–enrolling is strictly prohibited. "Cross–Enrolling" is defined as the enrollment of an individual or entity that is already a current Customer or Associate Member of impact MVP, or who has had such an agreement within the preceding 6 calendar months, within a different line of enrollership. The use of a spouse or relative's name, a straw man, trade names, assumed names, or fictitious ID numbers to circumvent this policy is prohibited. Associate Members shall not demean, discredit or defame other impact MVP Associate Members in an attempt to entice another Associate Member to become part of the first Associate Member's marketing organization. If a prohibited organization transfer occurs, impact MVP shall take disciplinary action against the Associate Member(s) who engaged, acquiesced, and/or knowingly participated in the improper cross–enrolling. However, it shall be entirely within impact MVP’s discretion where in the genealogical structure, the cross–enrolled organization in question shall be placed or otherwise distributed.
Because equities often exist in favor of both upline organizations, Associate Members waive any and all claims and causes of action against the company for its decision regarding the final disposition or placement of the cross-enrolled organization.
"Upline" shall mean the organization of Independent Associate Members enrolled and placed above any Independent Associate Member.
If an Associate Member has questions about or believes an error may have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Associate Member must notify the impact MVP Customer Support Department by phone or by submitting a support ticket within 15 days of the date of the purported error or incident in question. impact MVP will not be responsible for any errors, omissions or problems not reported to the Company within 15 days.
Associate Members are not required to purchase or carry sales aids. Associate Members who do so must make his or her own decision with regard to these matters. Absolutely no use of the impact MVP name may be used on marketing materials, including any social media such as Facebook, Twitter or Instagram. To ensure that Associate Members are not encumbered with Company Sales Aids, such Sales Aids may be returned to impact MVP upon the Associate Member's cancellation pursuant to the terms of Section 8.2.
No federal or state regulatory agencies or officials approve or endorse any social-selling program. Therefore, Associate Members shall not represent or imply that impact MVP or its Compensation and Rewards Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
Associate Members must not manipulate enrollments of new Associate Members or Customer orders.
All Associate Members are required to provide their Social Security Number or
Federal Tax Identification Number to impact MVP on the Associate Member Application and Agreement.
Upon enrollment, the Company will provide a unique Associate Member Identification Number to the Associate Member by which he or she will be identified. This number will be used to place orders and track commissions and bonuses.
Each Associate Member is responsible for paying local, state, and federal taxes on any income generated as an Associate Member. Every year, impact MVP will provide IRS Form 1099 (non– employee compensation) earnings statement to each U.S. resident who (a) had earnings of over $600 in the previous calendar year or (b) made purchases during the previous calendar year in excess of $5,000 wholesale.
Associate Members are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between impact MVP and its Associate Members does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Associate Member. Associate Members shall not be treated as an employee for his or her services or for federal or state tax purposes. All Associate Members are responsible for paying local, state, and federal taxes due from all compensation earned as an Associate Member of the Company. The Associate Member has no authority (expressed or implied) to bind the Company to any obligation. Each Associate Member shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Associate Member Agreement Form, and these Policies and Procedures, and applicable laws.
The name impact MVP and other names as may be Associated or adopted by impact MVP including impactMVP™ products are proprietary trade names, trademarks, and service marks of both impactMVP™ and impact MVP. As such, these marks are of great value to impact MVP and impactMVP™ and are supplied to Associate Members for their use only in an expressly authorized manner. Use of the impact MVP or impactMVP™ names on any item not produced by the Company is prohibited except as follows:
Associate Member’s Name (ie: Bob Smith)
Independent impact MVP Associate Member
All Associate Members may list themselves as an "Independent impact MVP Associate Member" in the residential telephone directory ("white pages") under their own name. Associate Member may not place telephone directory display ads in the classified directory ("Yellow Pages") using impact MVP’s or impactMVP™ name or logo.
Associate Members may not answer the telephone by saying "impact MVP" or “impactMVP™” in any other manner that would lead the caller to believe that he or she has reached the corporate offices of the Company.
Advertising is not limited to print media; it also includes internet advertising and other forms of advertising. It is prohibited for an Associate Member to use an internet or email address that utilizes the trade name impact MVP or impactMVP™ or includes impact MVP impactMVP™ or in a portion of the address. This includes its products. It is also prohibited for an Associate Member to use any website materials on a website that references or relates to impact MVP impactMVP™ or that is not authorized in writing by impact MVP. It is also prohibited for an Associate Member to place links to unauthorized websites or webpages onto a website or webpage that has been authorized by impact MVP.
You may wish to arrange insurance coverage for your business. Your homeowner's insurance policy may not cover business-related injuries or theft or damage to your business. Contact your insurance agent to make sure that your business property is protected.
Because of critical legal and tax considerations, impact MVP must limit the marketing and enrollment of impact MVP services and the presentation of the impact MVP Associate Business to prospective Customers and Associate Members located within the 50 United States of America and any other jurisdiction officially opened by impact MVP. Associate Members are only authorized to do business in the countries in which impact MVP has announced they are open for business in official Company literature.
Associate Members shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances are not applicable to Associate Members because of the nature of their business. However, Associates must obey those laws that do apply to them. If a city or county official tells an Associate that an ordinance applies to him or her, the Associate shall comply with the law.
Associates shall not target, enroll or recruit individuals under the age of 18 into the impact MVP program. impact MVP has designed a program specific for persons under the age of 18 that outlines specific enrollment policies and procedures. Please refer to the Amplified Teen Policies & Procedures and Guidelines located in the impact MVP Associate Member back office.
If any member of an Associate Members household, family, or other affiliated individual engages in any activity that, if performed by the Associate, would violate any provision of the Agreement, such activity will be deemed a violation by the Associate Member and impact MVP may take disciplinary action pursuant to the Statement of Policies against the Associate Member.
In order to maintain the integrity of the impact MVP Compensation & Rewards Plan, a impact MVP Associate Member may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, member, owner or beneficiary, in only one (1) impact MVP Associate Business. Individuals of the same family unit may not enter into or have an interest in more than one position. A “family unit” is defined as spouses, common-law couples and dependent children living at or doing business at the same address.
Any request from an Associate Member for copies of invoices, agreements, downline activity reports or other records/reports will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.
Although a impact MVP Associate Business is a privately owned, independently operated business, the sale, transfer or assignment of a impact MVP Associate Business, and the sale, transfer or assignment of an interest in a Business Entity that owns or operates a impact MVP Associate Business, is subject to certain limitations. If an Associate Member wishes to sell his or her impact MVP Associate Business, or interest in a business entity that owns or operates a impact MVP Associate Business, the following criteria must be met:
• The selling Associate Member must offer impact MVP the right of first refusal to purchase the Associate Business on the same terms as agreed upon with a third–party buyer. impact MVP shall have fifteen (15) days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
• The buyer or transferee must become a qualified Associate Member. If the buyer is an active impact MVP Associate Member, he or she must first terminate his or her impact MVP Associate Business and however the six (6) calendar month waiting period may be waived before acquiring any interest in the new impact MVP Associate Business.
• Before the sale, transfer or assignment can be finalized and approved by impact MVP, any debt obligations the selling party has with impact MVP must be satisfied.
• The selling party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign an impact MVP Associate business.
• Prior to selling a business entity interest, the selling party must notify impact MVP's Compliance Department at compliance@impact MVP.com in writing and advise of his or her intent to sell impact MVP's business or Business Entity interest. The selling party must also receive written approval from the Compliance Department before proceeding with the sale.
In the event of a dissolution of marriage of an impact MVP Associate Member, and a spouse, arrangements must be made to assure that any division of the business assets is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of enrollership. If the separating parties fail to provide for the best interests of other Associates and the Company, impact MVP may be forced to involuntarily terminate the Associate Agreement.
During the pendency of a divorce or dissolution, the Company shall treat the business according to the status quo as existed prior to the filing of the divorce or dissolution. Under no circumstances will the Downline Organization of divorcing spouses be divided. Similarly, under no circumstances will impact MVP split commission and bonus checks between divorcing spouses. impact MVP will recognize only one Downline Organization and will issue only one commission check per impact MVP Associate Business per commission cycle. Commission checks shall always be issued to the individual whose name appears on the Associate Agreement.
All active Associate Members in good standing have the right to enroll others into impact MVP. Each prospective Associate Member has the ultimate right to choose his or her own enroller. If two Associate Members claim to be the enroller of the same new Associate, the Company shall regard the first application received by the Company as controlling.
"Stacking" is strictly prohibited. The term "stacking" includes: (a) violating the one–business– per–household rule and/or (b) enrolling fictitious individuals or entities into the impact MVP Compensation and Rewards Plan, in an attempt to manipulate the Compensation Plan.
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have "do not call" regulations as part of their telemarketing laws. While you may not consider yourself a "telemarketer" in the traditional sense of the word, these regulations broadly define the term "telemarketer" and "telemarketing" so that your inadvertent action of calling someone whose telephone number is listed on the federal "do not call" registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation). Therefore, Associates must not engage in telemarketing relative to the operation of their impact MVP Associate Businesses. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a impact MVP product or service, or to recruit them for the impact MVP opportunity. "Cold calls" made to prospective
Customers or Associates that promote either impact MVP's products or services or the impact MVP opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Associate (a "prospect") is permissible under the following situations:
• If the Associate Member has an established business relationship with the prospect. An "established business relationship" is a relationship between an Associate Member and a prospect based on the prospect's purchase, rental or lease of goods or services from the Associate Member, or a financial transaction between the prospect and the Associate Member, within the 18 months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
• The prospect's personal inquiry or application regarding a product or service offered by the Associate Member within the 3 months immediately preceding the date of such a call.
• If the Associate Member receives written and signed permission from the prospect authorizing the Associate Member to call. The authorization must specify the telephone number(s) that the Associate Member is authorized to call.
• You may call family members, personal friends and acquaintances. An "acquaintance" is someone with whom you have at least a recent first–hand relationship (i.e., you have recently personally met him or her). Bear in mind, however, that if you make a habit of "card collecting" with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling "acquaintances," you must make such calls on an occasional basis only and not make this a routine practice.
• In addition, Associate Members shall not use automatic telephone dialing systems relative to the operation of their impact MVP Associate Businesses. The term "automatic telephone dialing system" means equipment which has the capacity to (a) store or produce telephone numbers to be called using a random or sequential number generator and (b) to dial such numbers.
To ensure timely delivery of products, support materials and commission checks, it is critically important that impact MVP's files are current. Associate Members planning to move should email impact MVP corporate office, at compliance@impact MVP.com their new address and telephone numbers. In the alternative, Associate Members may update their personal information through their impact MVP Associate back office. To guarantee proper delivery, two–weeks advance notice to impact MVP is recommended on all changes.
Any Associate Member who enrolls another Associate Member into impact MVP must perform a bona fide assistance and training function to ensure that his or her Downline is properly operating his or her impact MVP Associate Business. Associate Members must have ongoing contact and communication with
the Associate Members in their Downline Organizations. Examples of such contact and communication may include, but are not limited to, newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail and the accompaniment of Downline Associate Members to impact MVP meetings, training sessions, and other functions. Upline Associate Members are also responsible to motivate and train new Associate Members in impact MVP product knowledge, effective sales techniques, the impact MVP Compensation Plan and compliance with Company Policies and Procedures. Communication with and the training of Downline Associate Members must not, however, violate Section 4.5.2 (regarding the development of Associate–produced sales aids and promotional materials). Associate Members cannot charge for training.
Upon request, every Associate Member should be able to provide documented evidence to impact MVP of his or her ongoing fulfillment of the responsibilities of an enroller.
As Associate Members progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge and understanding of the impact MVP program. They will be called upon to share this knowledge with lesser–experienced Associate Members within their organization.
Regardless of their level of achievement, Associate Members have an ongoing obligation to continue to personally promote sales through the generation of new Customers or Associate Members and through servicing their existing Customers or Associate Members.
impact MVP wants to provide its Associate Members with the best products, compensation plan and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the impact MVP corporate offices. While impact MVP welcomes constructive input, negative comments and remarks made in the field by Associate Members about the Company, its products or Compensation and Rewards Plan serve no purpose other than to sour the enthusiasm of other impact MVP Associate Members. For this reason, and to set the proper example for their Downline, Associate Members must not disparage, bully, demean or make negative or racist remarks about impact MVP, other impact MVP Associate Members, impact MVP's services, the Compensation and Rewards Plan or impact MVP's directors, officers or employees. impact MVP adheres to a strict zero-tolerance policy for such conduct.
Associate Members must provide the most current version of the Policies and Procedures and the Compensation and Rewards Plan to individuals whom they are enrolling to become Associate Members before the applicant signs an Associate Member Agreement. Additional copies of Policies and Procedures can be found in your business center under the forms section.
Associate Members observing a policy violation by another Associate Member should submit a written report of the violation directly to the attention of the impact MVP Compliance Department at compliance@impact MVP.com . Details of the incident(s), such as dates, number of occurrences, persons involved and any supporting documentation, should be included in the report.
The impact MVP Compensation and Rewards Plan is based upon the sale of impact MVP products and services to end-user consumers. Associate Members must fulfill personal and Downline organization sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions, and advancement to higher levels of achievement.
Sales of impact MVP products through on–line classifieds or auction sites, such as Ebay, Amazon, craigslist and or these types of sites, are prohibited, without the expressed written consent of impact MVP.
There are no exclusive territories granted to anyone. No franchise fees are required.
An Associate Member must be active and in compliance with the Agreement and these policies to qualify for bonuses and commissions. So long as an Associate Member complies with the terms of the Agreement and these policies, impact MVP shall pay commissions to such Associate in accordance with the Compensation and Rewards Plan.
Commissions will be calculated according to the level for which an Associate Member actually satisfied all of the requirements according to the Compensation and Rewards Plan rather than the highest rank or title achieved. Commission reports will be provided to Associate Members on–line, via web access.
Promotions are determined based on business organization and sales activity for each applicable period.
Associate Members receive bonuses and commissions based on the actual sale of products and services. When a product is refunded or service is cancelled, and the refund is authorized by the Company, the bonuses and commissions attributable to the refunded product or service will be deducted in the month in which the refund is given and continuing every pay period thereafter until the commission is recovered from the Associates who received bonuses and commissions on the sales of the refunded product or service.
Associate Members must deposit or cash out commission and bonus checks within 12 months from their date of issuance.
All information provided by impact MVP in online or telephonic Downline Activity Reports, including but not limited to personal and group sales volume (or any part thereof), and Downline enrollment activity is believed to be accurate and reliable. Nevertheless, due to various factors, including the inherent possibility of human and mechanical error; the accuracy, completeness and timeliness of orders; denial of credit card and electronic payments; returned products; and credit card and electronic chargebacks, the information is not guaranteed by impact MVP or any persons creating or transmitting the information. All personal and group sales volume information is provided "as is" without warranties, expressed or implied, or representations of any kind whatsoever. In particular, but without limitation, there shall be no warranties of merchantability, fitness for a particular use or non–infringement.
To the fullest extent permissible under applicable law, impact MVP and/or other persons creating or transmitting the information will in no event be liable to any Associate Member or anyone else for any direct, indirect, consequential, incidental, special or punitive damages that arise out of the use of or access to personal and group sales volume information (including but not limited to lost profits, bonuses, or commissions, loss of opportunity and damages that may result from inaccuracy, incompleteness, inconvenience, delay or loss of the use of the information), even if impact MVP or other persons creating or transmitting the information shall have been advised of the possibility of such damages. To the fullest extent permitted by law, impact MVP or other persons creating or transmitting the information shall have no responsibility or liability to you or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions related thereto. Access to and use of impact MVP's online reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is." If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to impact MVP's online reporting services and your reliance upon the information.
From time to time, impact MVP may run sales contests and promotions. All such contests and promotions are subject to change at the sole discretion of impact MVP and awards and prizes may be adjusted up or down depending on sales volume during the promotional period.
Sales to the customer are the foundation of the impact MVP Associate Business. The entire commission structure is based upon volume of customer sales referred by the individual Associate Member as well as their entire organization.
If an Associate Member wishes to return any impact MVP product it must be returned within 30 days of purchase. The Associate will be issued a full refund excluding shipping charges and a 10% restocking fee. No refund will be given if the resalable product is not returned within 30 days of the purchase date. impact MVP reserves the right to remove volume from returned orders to recoup and balance commissions already paid on the returned order(s).
Chargebacks - If an Associate Member charges back any amount, their account will be suspended, and they will be required to refund the money charged back as well as pay a $50.00 USD reinstatement fee.
NOTE: If an Associate returns more than $500.00 in products in any twelve (12) consecutive month period, it shall constitute the Associate Member’s request to cancel his or her Associate Member Agreement. The Company shall deduct from the Associate Member’s subsequent commission checks and/or from the refund paid to the Associate Member any commissions, bonuses, or other incentives received by the Associate Member that were Associated with the returned merchandise.
Associate Members may cancel the Agreement within three (3) days of execution and receive a full refund of all Associate Member fees and any voluntary sales aids purchases.
After the three (3) day rescission period, an Associate Member may still cancel the Agreement and the Associate Member may return any sales aids for a refund. Associate Members may only return sales aids that he or she personally purchased from impact MVP (purchases from other Associate Members or third parties are not subject to refund). Any returned sales aids must be in unused, resalable condition. Sales aids are only available for a refund if the item(s) were purchased by the Associate Member within the year prior to the date of cancellation. Upon Company's receipt of resalable sales aids and/or inventory, the Associate Member will be reimbursed 90 percent (90%) of the net cost of the original purchase price(s). Shipping charges are not refundable. If the purchases were made through a credit card, the refund will be credited back to the same account.
A Montana resident may cancel his or her Associate Member Agreement within fifteen (15) days from the date of enrollment and may return his or her inventory and/or sales aids for a full refund within such time period.
All product returns or sales aids to be returned for refund under these provisions must be approved in advance of shipment to impact MVP by contacting the Customer Service Department.
Violation of the Agreement, these Policies and Procedures or any illegal, fraudulent, deceptive or unethical business conduct by an Associate Member may result, at impact MVP's discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition
• Requiring the Associate Member to take immediate corrective measures
• Imposition of a fine, which may be withheld from bonus and commission checks
• Loss of rights to one or more bonus and commission checks
• disqualification from any earned incentives
• The withholding from an Associate Member of all or part of the Associate Members bonuses and commissions during the period that impact MVP is investigating any conduct allegedly in violation of the Agreement. If an Associate Member's business is canceled for disciplinary reasons, the Associate Member will not be entitled to recover any commissions withheld during the investigation period
• Suspension of the individual's Associate Member Agreement for one or more pay periods
• Involuntary termination of the offender's Associate Member Agreement
• Any other measure expressly allowed within any provision of the Agreement or that impact MVP deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Associate Member's policy violation or contractual breach; or
• In situations deemed appropriate by impact MVP, the Company may institute legal proceedings for monetary and/or equitable relief.
When an Associate Member has a grievance or complaint with another Associate Member regarding any practice or conduct in relationship to their respective impact MVP businesses, the complaining Associate Member should first report the problem to his or her enroller, who should review the matter and try to resolve it with the other party's Upline enroller. If the matter cannot be resolved, it must be reported in writing to the Company. The Company will review the facts and determine if a policy violation has occurred and take appropriate action.
Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or other recognized arbitration service, under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Associate Members waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Orange County, California, unless the laws of the state in which an Associate Member resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions, with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party, OR each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
Nothing in these Policies and Procedures shall prevent impact MVP from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect impact MVP's interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
Jurisdiction and venue of any matter not subject to arbitration shall reside in Orange County, State of California. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of California shall govern all other matters relating to or arising from the Agreement.
Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
So long as an Associate Member remains active and complies with the terms of the Associate Member and these Policies and Procedures, impact MVP shall pay commissions to such Associate in accordance with the Compensation Plan. An Associate Member's bonuses and commissions constitute the entire consideration for the Associate Members efforts in generating sales and all activities related to generating sales (including building a Downline Organization). Following an Associate Member's termination for inactivity, or voluntary or involuntary termination of his or her Associate MemberAgreement (all of these methods are collectively referred to as "termination"), the former Associate Member shall have no right, title, claim or interest to the marketing organization that he or she operated, or any commission or bonus from the sales generated by the organization. An Associate Member whose business is terminated will lose all rights as an Associate Member. This includes the right to sell impact MVP products and services and the right to receive future commissions, bonuses or other income resulting from the sales and other activities of the Associate Member's former Downline sales organization. In the event of termination, Associate Members agree to waive all rights they may have, including but not limited to property rights, to their former Downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former Downline organization.
Following a termination of his or her Associate Member Agreement, the former Associate Member shall not hold himself or herself out as an impact MVP Associate Member. An Associate Member whose Associate Member Member Agreement is terminated shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
An Associate Member's violation of any of the terms of the Agreement, including any amendments that may be made by impact MVP in its sole discretion, may result in any of the sanctions listed above, including the involuntary termination of his or her Associate Member Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed or delivered to an express courier to the Associate Member's last known address (or fax number), or to his or her attorney, or when the Associate Member receives actual notice of termination, whichever occurs first.
An Associate member has a right to cancel, at any time, regardless of reason. Termination must be submitted in writing to the Company at its principal business address. The written notice must include the Associate Member's signature, printed name, address and Associate Member ID number. Associate Members who have resigned may re– apply to become an Associate Member with impact MVP after 6 months. An Associate Member's position is subject to termination due to inactivity (i.e., merchant enrollments, no commissions, no enrolling; and no attendance at any impact MVP functions, participation in any other form of Associate activity, or operation of any other impact MVP Associate Business) after being inactive for 6 full calendar months.
An Associate Member may also voluntarily cancel his or her Associate Member Agreement by failing to maintain the Agreement annually. The Company may also elect not to renew an Associate Member’s Agreement.
These Policies and
Procedures, any and all modifications made by the Company, along with
the Terms and Conditions and the Compensation Plan make up the entire
agreement between Associate Member and Company.
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