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eCosway
Statement of Policies and Procedures
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- SECTION
- INTRODUCTION
-
Policies
and Profit Plan Incorporated
into Business Owner Agreement
These Policies and Procedures, in their present form and as amended
at the sole discretion of eCosway.com Sdn Bhd (Private Limited)
or eCosway Pty Ltd ACN 113 384 017 (hereinafter collectively
and separately called "eCosway" or the "Company"),
are incorporated into, and form an integral part of, the eCosway
Business Owner Application Form and the eCosway Business Owner
Agreement. Throughout these Policies and Procedures, when the
term "Agreement" is used, it collectively refers to:
- the
eCosway Business Owner Agreement;
- the
eCosway Business Owner Application Form;
- these
Policies and Procedures; and
- the
eCosway Profit Plan.
These
documents are incorporated by reference into
the eCosway Business Owner Agreement (in its
current form and as amended by eCosway). It is
the responsibility of each Business Owner to
read, understand, adhere to, and ensure that
he or she is aware of and operating under the
most current version of these Policies and Procedures.
-
Purpose
of Policies
eCosway markets products and services
(collectively referred to herein as "merchandise") through Business
Owners. It is important to understand that the success of a Business
Owner and the success of fellow Business Owners is dependent
upon the integrity of the men and women who market eCosway merchandise.
To clearly define the relationship that exists between Business
Owners, Shoppers, and eCosway, and to explicitly set a standard
for acceptable business conduct, eCosway has established the
Agreement.
eCosway Business Owners are required to comply with all of the
Terms and Conditions set forth in the Agreement which eCosway
may amend at its sole discretion from time to time, as well as
all national, federal, state, provincial, territorial, and local
laws governing their eCosway business and their conduct. Because
Business Owners may be unfamiliar with many of these standards
of practice, it is very important that each Business Owner reads
and abides by the Agreement. Please review the information in
this manual carefully. It explains and governs the relationship
between each Business Owner who is an independent contractor
and the Company.
-
Changes
to the Agreement
Because national, federal, state, provincial, territorial and
local laws, as well as the business environment, periodically
change, eCosway reserves the right to amend the Agreement, the
pricing and eVolume of its merchandise in its sole and absolute
discretion. By signing the Business Owner Agreement, a Business
Owner agrees to abide by all amendments or modifications that
eCosway elects to make. Amendments shall be effective upon notice
to all Business Owners that the Agreement has been modified.
Notification of amendments shall be published in official eCosway
material. The Company shall provide or make available to all
Business Owners a complete copy of the amended provisions by
one or more of the following methods: (1) posting on the Company's
official website or (2) electronic mail (e-mail). The continuation
of a Business Owner's eCosway business, or a Business Owner's
acceptance of earnings constitutes acceptance of any and all
amendments.
-
Delays
eCosway shall not be responsible for delays or failures in performance
of its obligations when performance is made commercially
impractical due to circumstances beyond its reasonable control.
This includes, without limitation, strikes, labour difficulties,
riot, war, fire, death, curtailment of a party's source of
supply, government decrees or orders, or technical difficulties
(e.g. computer failures, inoperative telephone lines, etc.).
-
Policies
and Provisions Severable
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.
-
Waiver
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 eCosway to exercise
any right or power under the Agreement or to insist upon
strict compliance by a Business Owner 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 eCosway's right to demand exact
compliance with the Agreement. Waiver by eCosway can be effected
only in writing by an authorised officer of the Company.
eCosway's waiver of any particular breach by a Business Owner
shall not affect or impair eCosway's rights with respect
to any subsequent breach, nor shall it affect in any way
the rights or obligations of any other. Nor shall any delay
or omission by eCosway to exercise any right arising from
a breach affect or impair eCosway's rights as to that or
any subsequent breach.
The existence of any claim or cause of action of a Business Owner
against eCosway shall not constitute a defense to eCosway's enforcement
of any term or provision of the Agreement.
- SECTION
- BECOMING A BUSINESS OWNER
- Requirements
to Become a Business Owner
To become an eCosway Business Owner, each applicant must:
- Be
of the age of majority
in his or her country,
state, province, or territory
of residence;
- Have
a valid form of identification
acceptable for opening
a bank account (e.g.,
government-issued identification
card, etc.) for his or
her country, state, province,
or territory of residence
if applicable;
- Pay
the Registration Fee
and Annual Access Fee;
and
- Submit
a properly completed
Business Owner Application
and Agreement to eCosway.
The
Company reserves the right
to reject any Business Owner
Application without cause or
explanation.
-
Registration
A prospective Business Owner may enroll online, or at the nearest
Business Owner Support Centers or eCenter (if applicable). Upon
the successful submission of the Business Owner Application and
Agreement, the prospective Business Owner will be accepted as
a new Business Owner and will receive a Business Owner Identification
Number ("ID") by which the Business Owner will be identified.
-
Business
Owner Benefits
Once a Business Owner Application and Agreement have been accepted
by eCosway, the benefits of the Profit Plan and the Business
Owner Agreement are available to the new Business Owner. These
benefits include the right to:
- Purchase
and retail eCosway
merchandise via eCosway
Shopping Mall or offline
at eCosway appointed
Business Owner Support
Centers or eCenters
(where applicable);
- Participate
in eCosway's Business
Ownership Support System
(B.O.S.S.);
- Participate
in the eCosway Profit
Plan (and receive earnings,
if eligible);
- Introduce
other individuals as
Shoppers or Business
Owners into eCosway,
build a business network
and benefit from the
eCosway Profit Plan;
- Receive
periodic eCosway literature
and other eCosway materials;
- Participate
in eCosway sponsored
support services, training
and motivational functions,
upon payment of appropriate
charges, if applicable;
and
- Participate
in promotional and
incentive contests
and programs sponsored
by eCosway for its
Business Owners.
-
Renewal
of Your eCosway Business
The term of the Business Owner Agreement is one year from the
month of its acceptance by eCosway. Business Owners must renew
their Business Owner Agreement each year and pay an annual access
fee as determined and announced by eCosway, on or before the
anniversary month of their Business Owner Agreement. (All mentions
of and references in these Policies and Procedures to "Dollars" or "$" are
to U.S. Dollars, unless stated otherwise.) If the annual access
fee is not paid on or before the expiration of the current term
of the Business Owner
Agreement, the Business Owner Agreement will be cancelled. Business
Owners may elect to utilize the Automatic Renewal Program ("ARP").
Under the ARP, the access fee may be deducted from the Business
Owner's eAccount (if sufficient funds are available) on or before
the anniversary month of the Business Owner Agreement.
- SECTION
- OPERATING AN eCOSWAY BUSINESS
-
Adherence
to the eCosway Profit Plan
Business Owners must adhere to the terms of the eCosway Profit
Plan as set forth in official eCosway material. Unless a Business
Owner has received express written approval from eCosway, a Business
Owner shall not offer the eCosway opportunity through, or in
combination with, any other system, program, or method of marketing
other than that specifically set forth in official eCosway material.
Business Owners shall not require or encourage other current
or prospective Business Owners or Shoppers to participate in
eCosway in any manner that varies from the program as set forth
in official eCosway material. Business Owners shall not require
or encourage other current or prospective Shoppers or Business
Owners to execute any agreement or contract other than official
eCosway agreements and contracts in order to become an eCosway
Business Owner. Similarly, Business Owners shall not require
or encourage other current or prospective Business Owners or
Shoppers to make any purchase from, or payment to, any individual
or other entity to participate in the eCosway Profit Plan other
than those purchases or payments identified as recommended or
required in official eCosway material.
- Advertising
-
In
General
All Business Owners shall safeguard and promote the good
reputation of eCosway and its merchandise. The marketing
and promotion of eCosway, the eCosway opportunity, Profit
Plan, and eCosway merchandise shall be consistent with the
public interest, and must avoid all discourteous, deceptive,
misleading, unethical or immoral conduct or practices.
To promote both the merchandise, and the tremendous opportunity
eCosway offers, Business Owners should use the sales aids
and support materials produced or approved by eCosway. The
rationale behind this requirement is simple. eCosway has
carefully selected its merchandise, designed the Profit Plan
and promotional materials to ensure that each aspect of eCosway
is fair, truthful, substantiated, and complies with the vast
and complex legal requirements of national, federal, state,
provincial, territorial, or local laws. If eCosway Business
Owners were allowed to develop their own sales aids and promotional
materials (which includes Internet advertising) without Company
approval, notwithstanding their integrity and good intentions,
the likelihood that they would unintentionally violate any
laws, statutes or regulations affecting the eCosway business
is almost certain. These violations, although they may be
relatively few in numbers, would jeopardize the eCosway opportunity
for all Business Owners. Accordingly, Business Owners must
submit all written sales aids, promotional materials, advertisements,
and other literature (including proposed Internet advertising,
websites, banners, classified ads, blogs, forums, podcasts,
etc.) to the Company for prior approval. Unless the Business
Owner receives specific written approval to use the material,
the request shall be deemed denied. Business Owners may develop,
produce, and utilise sales aids, promotional materials, advertisements,
and other literature without prior written Company's approval,
if and only if, they contain no direct or indirect references
to eCosway, or its Profit Plan, merchandise, trademarks,
trade names, service marks, service names, websites, URLs,
or any other type of identifying information.
-
Anti-Spam
Policy
To protect the interests of all of our Shoppers and Business
Owners, eCosway has adopted a ZERO-TOLERANCE stance on spam
and inappropriate advertising. Any Business Owner or Shopper
caught spamming or inappropriately advertising to promote
his or her eCosway business will be immediately terminated.
If a Business Owner is terminated for spamming or inappropriate
advertising, he or she will lose all Business Owner privileges,
forfeit any unpaid monies, forfeit all reserves of Redemption
Points (RPs), eVolume (eV), and Qualification Units (QUs),
and lose his or her business network. If a Shopper is terminated
for spamming, he or she will lose all Shopper privileges
and forfeit all Redemption Points. If the spamming or inappropriate
advertising activities result in any damage or cause any
of the eCosway websites, domains, servers or activities to
be interrupted from normal operation, the Business Owner
or Shopper responsible for the spamming or inappropriate
advertising will be held liable for all damages and loss
of business.
For the purposes of this policy, eCosway will consider the
following activities done in the following situation as spamming
and in violation of this policy:
Specifically, eCosway Business Owners and Shoppers are prohibited
from doing the following activities:
Section
A
- Using
the words Cosway
or e-Cosway (even
when contained within
another word such
as MyCosway or eCoswayNow,
etc.).
- Using
derivative spellings
of these words (such
as e-Cosway, Cosway,
Causeway or ezcosway).
- Referring
to Cosway or eCosway.
- Linking
to any of the eCosway
URLS or websites.
- Linking
to a site which subsequently
links to an eCosway
URL or website.
- Using
a "pointer page" or "redirect
link" which ends
up on any eCosway
website.
Section B
- While
violating any local,
state, federal or
international laws
including those regarding
UCE-unsolicited commercial
email.
- In
a website, webpage,
forum, internet group,
blog, or podcast
- In
a classified advertisement
of any sort (except
as specifically allowed
by eCosway).
- In
a signature file
(except as specifically
allowed by eCosway).
- In
any email to any
person or prospect
who has not specifically
requested the information
or given you permission
to send it.
- In
any email sent to
a bulk list including "safe
lists", "cleaned
list", "purchased
list", and lists
copied from the "send
to" area of emails
sent to you.
- In
any email sent as
a response to someone
who has posted a
message, placed a
classified advertisement,
or sent you an unsolicited
email.
- In
any email sent without
a valid return email
address that the
recipient can reply
to.
- In
any email which uses
a false or misleading
name, a false or
misleading heading,
a false or misleading
header, a false or
misleading subject
line, or any other
false or misleading
information.
- While
communicating in
a chat room, forum,
group, blog or podcasts
(unless you have
company
permission).
- While
communicating with
someone via an instant
messaging system
(such as ICQ,Yahoo,
IM, Skype etc.) without
first getting permission
or a request for
more information
from that other person.
- While
posting to any forum,
group, bulletin board,
discussion list,
blog, or “comment
area” or other
similar arenas on
the Internet.
- In
any online or printed
materials that are
not pre-approved
by eCosway.
- In
any materials which
are distributed on
private property
or in any other place
or manner which is
prohibited by individuals,
entities, or by law.
-
Unsolicited
Faxes
Except as provided in this section, Business Owners may not
use or transmit unsolicited faxes relative to the operation
of their eCosway businesses. The terms "unsolicited faxes" means
the transmission via telephone facsimile of any material
or information advertising or promoting eCosway, its merchandise,
its Profit Plan or any other aspect of the Company which
is transmitted to any person, except that these terms do
not include a fax: (a) to any person with that person's prior
express invitation or permission; or (b) to any person with
whom the Business Owner has an established business or personal
relationship. The term "established business or personal
relationship" means a prior or existing relationship formed
by a voluntary two-way communication between a Business Owner
and a person, on the basis of: (a) an enquiry, application,
purchase or transaction by the person regarding merchandise
offered by such Business Owner; or (b) a personal or familial
relationship which relationship has not been previously terminated
by either party.
-
Telemarketing
Techniques
The use of any automated telephone solicitation equipment
or "boiler-room" tactics in connection with the marketing
or promotion of eCosway, its merchandise or the opportunity
is strictly prohibited. For the purposes of this section,
the term " boiler room tactics" includes high-pressure promotional
tactics that have the effect of creating an artificially
short period in which a prospect must make a decision or
that are designed to overcome a prospect's reluctance to
join eCosway, including:
- the
use of intensive
telephone campaigns
or unsolicited
calls to persons
who are not known
by or who do
not have a prior
relationship
with the caller
and in which
the person is
encouraged to
make a hasty
decision to join
eCosway without
regard to the
person's needs
and objectives;
- the
use of scripts
designed to meet
the prospect's
objections;
- repeated
phone calls;
- phone
calls designed
to entrap the
prospect;
- threatening
tones on the
telephone informing
the prospect
that there is
little time within
which to make
a decision.
-
Websites,
Domain Names, and
Email Addresses
Business Owners may not use, register, or attempt to register
the word "eCosway," "Cosway" or any of eCosway's trade names,
trademarks, service names, service marks, merchandise names,
or any derivative thereof, in any domain name, on any website,
in any email address, on any blog site or in any nickname,
or in the HTML code or meta-tags of any non-eCosway website
not pre-approved by eCosway. Business Owners are also prohibited
from linking to any eCosway domain or website from any non-eCosway
website. If a Business Owner desires to use the word "eCosway" or "Cosway" on
a website, or if a Business Owner wishes to link to eCosway
from a website that the Business Owner creates, he or she
must first contact eCosway for permission and written approval
to do so. No Business Owner may use, incorporate, or attempt
to incorporate the word "eCosway," "Cosway," or any of eCosway's
trade names, trademarks, service names, service marks, product
names, or any derivative thereof, into any electronic mail
address or signature files.
If a Business Owner desires to utilise an Internet webpage
to promote his or her business, he or she may do so through
the Company's official website, using official eCosway templates.
Alternatively, Business Owners may develop their own website,
however, any Business Owner who does so must ensure that
such website contains no direct or indirect references to
eCosway, or its Profit Plan, merchandise, trademarks, service
marks, websites, URLs, or any other type of identifying information.
Business Owners who develop or publish their own websites
must register their site(s) with the Company and receive
written approval from the Company prior to the site(s) public
availability. Business Owners must also notify the Company
whenever any changes or modifications are made to the site(s).
The failure to register or notify the Company of subsequent
changes or modifications constitutes a material breach of
these policies and procedures.
-
Trademarks
and Copyrights
eCosway will not allow the use, for any purpose, of its trade
names, trademarks, services names, service marks, product
names, URLs, website addresses, designs, or symbols by any
person, including an eCosway Business Owner, without its
prior written permission. Business Owners do not need to
obtain prior written permission to use the above-mentioned
items if the Business Owner is using eCosway's official material.
Business Owners may not produce for sale or distribution
any recorded Company events or speeches without written permission
from eCosway nor may a Business Owner reproduce for sale
or for personal use any recording of Company-produced audio
or video tape presentations.
-
Website
Proprietary Rights
Business Owners agree that the eCosway Websites contain information,
data, photographs, graphs, software, videos, text, typefaces,
graphics, designs, music, sound, and other material (collectively "Intellectual
Property") that are protected by copyrights, patents, trademarks,
trade secrets, or other proprietary rights and that these
rights are valid and protected in all forms and technologies,
existing now or hereafter developed. Business Owners agree
that they shall not modify, remove, delete, augment, add
to, publish, transmit, participate in the transfer or sale
of, create derivative works from, distribute, perform, display,
or in any way exploit any of the Intellectual Property or
the sites, in whole or in part.
To the extent necessary to lawfully access and use the eCosway
Websites, and provided there are no specific restrictions
displayed, Business Owners may display, download, archive,
and print in hard copy portions of the Websites for the Business
Owner's personal use only. In so doing, a Business Owner
may not modify the materials and must retain all copyright
and other proprietary notices contained in the materials.
Business Owners may not remove or mirror any material contained
on any eCosway Website without the prior written permission
of eCosway. Business Owners agree that they will not copy,
disassemble, de-compile, or reverse engineer any part of
the eCosway Websites. Business Owners further agree that
they will not otherwise attempt to obtain or learn the source
code, structure, algorithms, or ideas underlying such sites.
Any violation of this Section shall constitute a material
violation of the Business Owner Agreement. The restrictive
terms of this Section 3.ii.g shall survive the termination
of the Business Owner Agreement.
-
Media
and Media Inquiries
Business Owners must not attempt to respond to media inquiries
regarding eCosway, its merchandise, or their independent
eCosway business. All inquiries by any type of media must
be immediately referred to eCosway. This policy is designed
to assure that accurate and consistent information is provided
to the public as well as a proper public image.
-
Fraudulent
Enrollment
"Fraudulent Enrollment" includes: (a) the enrollment of individuals or entities
without the knowledge of and/or execution of a Business Owner Application and
Agreement by such individuals or entities; or (b) the enrollment or attempted
enrollment of non-existent individuals or entities as Business Owners or Shoppers
("phantoms"). Fraudulent enrollment constitutes a material breach of these Policies
and Procedures, and is strictly and absolutely prohibited.
- Changes
to the eCosway Business
-
In
General
Each Business Owner must immediately notify eCosway of all
changes to the information contained on his or her Business
Owner Application and Agreement. Business Owners may modify
their existing Business Owner Agreement (i.e., change in
name due to marriage, adopting a new name, change of bank
account or personal identification, change of government
identification number, or change the form of ownership from
an individual proprietorship to a business entity owned by
the Business Owner) by submitting a completed "Change in
Particulars Form" provided online together with appropriate
supporting documentation to eCosway.
-
A Business Owner may cancel his or her eCosway business if
he or she remains inactive (i.e., no purchases of eCosway
merchandise for esale, no sales of eCosway merchandise,
no new enrollment of Business Owners or Shoppers, no
attendance at any eCosway functions, or participation
in any other form of Business Owner activity) for three
(3) full calendar months. Following the three-month period
of inactivity, the former Business Owner may reapply
under a different branch.
The prescribed fees are generally not refundable upon cancellation
of the Business Owner Agreement. However, a refund of the
prescribed fees will be allowed provided that the cancellation
is effected within fourteen (14) calendar days from the date
of enrollment and the Business Owner has not utilised any
of the Redemption Points (RPs) . If the Business Owner has
utilised any of the RPs , a refund only of the prescribed
fee minus the exercised offer value will be allowed provided
that the cancellation is effected within fourteen (14) calendar
days from the date of enrollment.
- Unauthorised
Claims and Actions
-
Indemnification
A Business Owner is fully responsible for all of his or her
verbal and written statements made regarding eCosway
merchandise, and the Profit Plan which are not expressly
contained in official eCosway material. Business Owners
agree to indemnify eCosway and eCosway's directors, officers,
employees and agents, and hold them harmless from any
and all liability including judgements, civil penalties,
refunds, attorney fees, court costs, or loss of business
suffered by eCosway as a result of the Business Owner's
unauthorised representations or actions. This provision
shall survive the termination of the Business Owner Agreement.
-
Product
Claims
No claims (which include personal testimonials) as to therapeutic,
curative or beneficial properties of any merchandise offered
by eCosway may be made except those contained in official
eCosway material. In particular, no Business Owner may make
any claim that eCosway merchandise are useful in the cure,
treatment, diagnosis, mitigation or prevention of any diseases.
Such statements can be perceived as medical or drug claims.
Not only are such claims violative of eCosway policies, but
they potentially violate national, federal, state, provincial,
territorial or local laws and regulations.
-
Income
Claims
In their enthusiasm to enroll prospective Business Owners,
some Business Owners are occasionally tempted to make income
claims or earnings representations to demonstrate the inherent
power of network marketing. This is counterproductive because
new Business Owners may become disappointed very quickly
if their results are not as extensive or as rapid as the
results others have achieved. At eCosway, we firmly believe
that the eCosway income potential is great enough to be highly
attractive, without reporting the earnings of others.
Moreover, many countries, states, provinces and territories
have laws or regulations that regulate or even prohibit certain
types of income claims and testimonials made by persons engaged
in network marketing. While Business Owners may believe it
to be beneficial to provide copies of Business Status Reports,
or to disclose the earnings of themselves or others, such
approaches have legal consequences that can negatively impact
eCosway as well as the Business Owner making the claim unless
appropriate disclosures required by law are also made contemporaneously
with the income claim or earnings representation. Because
eCosway Business Owners do not have the data necessary to
comply with the legal requirements for making income claims,
a Business Owner, when presenting or discussing the eCosway
opportunity or Profit Plan to a prospective Business Owner,
may not make income projections, income claims or disclose
his or her eCosway income or Business Status Report (including
the showing of bank statements or tax records). Hypothetical
income examples that are used to explain the operation of
the Profit Plan, and which are based solely on mathematical
projections, may be made to prospective Business Owners,
so long as the Business Owner who uses such hypothetical
examples makes clear to the prospective Business Owner(s)
that such earnings are hypothetical.
-
Conflicts
of Interest
- Nonsolicitation
eCosway Business Owners may participate in other direct selling
or network marketing or multilevel marketing ventures
(collectively "network marketing"), and Business Owners
may engage in selling activities related to non-eCosway
merchandise if they desire to do so. However, if a Business
Owner elects to participate in another network marketing
opportunity, in order to avoid conflicts of interest
and loyalties, Business Owners are prohibited from Unauthorised
Introduction, which includes the following:
During
the term of this Agreement,
any actual or attempted
introduction or enrollment
of eCosway Business Owners
for other network marketing
business ventures (except
Cosway), either directly
or through a third party.
This includes, but is
not limited to, presenting
or assisting in the presentation
of other network marketing
business ventures (except
Cosway) to any eCosway
Business Owner, or implicitly
or explicitly encouraging
any eCosway Business
Owner to join other business
ventures. Because there
is an extreme likelihood
that conflicts will arise
if a Business Owner operates
two network marketing
programs, it is the Business
Owner's responsibility
to first determine whether
a prospect is an eCosway
Business Owner before
introducing or enrolling
the prospect for another
network business venture.
- For
a period of six months
following the cancellation
of a Business Owner Agreement,
the former Business Owner
may not introduce any eCosway
Business Owner for another
network marketing program
(except Cosway).
Business
Owners are not permitted
to recruit as new members,
persons or companies
who have any one of
the following relationships
with an existing member
apart yourself:
- a
relative or defacto
spouse;
- a
relative of a spouse
or of a defacto
spouse;
- a
director or shareholder
if the member is
a company
- a
director or shareholder
of a company related
to the member;
- a
relative or defacto
spouse of such
director or shareholder;
- a
relative of a spouse
or of a defacto
spouse of such
director or shareholder;
- a
company that is
related to a member;
- a
beneficiary under
a trust of which
the member is or
has at any time
been a trustee;
- a
relative or defacto
spouse of such
beneficiary;
- a
relative of a spouse
or of a defacto
spouse of such
beneficiary;
- a
company, one of
whose directors
is also a director
of the member;
and
- a
trustee of a trust
under which a person
is a beneficiary,
where the person
is a related entity
to a member because
of any other application
of this clause.
-
Business
Status Reports
Business Status Reports are available for Business Owners'
access and viewing at eCosway's official website. Access
to online Business Status Reports is password protected. All
Business Status Reports and the information contained therein
are confidential and constitute proprietary information and
business trade secrets belonging to eCosway. Business
Status Reports are provided to Business Owners in strictest
confidence and are made available to Business Owners for
the sole purpose of assisting Business Owners in working
with their respective branch network in the development of
their eCosway business. Business Owners should use their
Business Status Reports to assist, motivate, and train other
Business Owners in their branch network. eCosway Business
Owners agree, information relating to his or her business
may be given by eCosway to other Business Owner's in the
Business Owner line of introduction. A Business Owner shall
not, on his or her own behalf, or on behalf of any other
person, partnership, association, corporation or other entity:
Use
the information to compete with eCosway
or for any purpose other than promoting
his or her eCosway business; or
Introduce
or solicit any Business Owner of eCosway
listed on any report, or in any manner
attempt to influence or induce any Business
Owner of eCosway, to alter his or her
business relationship with eCosway.
Upon
demand by the Company, any current or
former Business Owner will return the
original and all copies of Business Status
Reports to the Company.
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Errors
or Questions
If a Business Owner has questions about or believes any error
has been made regarding earnings, Business Status Reports, or
charges, the Business Owner must notify eCosway in writing via
email within 60 days of the date of the purported error or incident
in question. eCosway will not be responsible for any errors,
omissions or problems not reported to it within 60 days.
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Excess
Inventory Purchases Prohibited
Business Owners are not required to carry inventory of merchandise
or sales aids. Business Owners who do so may find making retail
sales and building a branch network somewhat easier because of
the decreased response time in fulfilling Shopper orders or in
meeting a new Business Owner's needs. Each Business Owner must
make his or her own decision with regard to these matters.
eCosway strictly prohibits the purchase of merchandise in unreasonable
amounts primarily for the purpose of qualifying for earnings
or advancement in the Profit Plan. Business Owners may not purchase
more inventory than they can reasonably resell or consume in
a month nor may they encourage others to do so.
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Governmental
Approval or Endorsement
The majority of national, federal, state, provincial, territorial,
or local regulatory agencies or officials do not engage in the
approval or endorsement of any direct selling or network marketing
companies or programs. Therefore, Business Owners shall not represent
or imply that eCosway or its Profit Plan have been "approved," "endorsed" or
otherwise sanctioned by any government agency, unless the Company
or the Profit Plan have been so approved or officially sanctioned
by such an agency.
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Holding
Applications or Orders
Business Owners must not manipulate enrollments of new Business
Owners, or purchases of merchandise. The holding of applications
or orders constitutes "stacking." The term "stacking" includes:
(a) the failure to transmit to eCosway, or the holding of an
Business Owner Application and Agreement, in excess of twenty-four
(24) hours after the time any funds are or credit card information
is provided by the new Business Owner (unless the transmission
of a Business Owner Application and Agreement is not possible
due to the contingencies set forth in Section 1.4); (b) the placement
or manipulation of Business Owner Applications and Agreements
for the purpose of maximising earnings pursuant to eCosway's
Profit Plan; or (c) providing financial assistance to new Business
owners for the purpose of maximising earnings pursuant to eCosway's
Profit Plan. Stacking constitutes a material breach of these
Policies and Procedures, and is strictly and absolutely prohibited.
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Identification
A Business Owner must provide the Official Identification Number
which his or her bank will accept for the opening of bank
account in the country in which the Business Owner resides.
This information must be provided to eCosway via the Business
Owner Application and Agreement.
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Income
Taxes
Every year, eCosway will
provide appropriate income
tax reports to residents of
countries that require such
reports. Each Business Owner
is responsible for paying national,
federal, state, provincial,
territorial or local taxes
on any income generated as
a Business Owner.
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Independent
Contractor Status
Business Owners are independent contractors, and are not purchasers
of a franchise or a business opportunity. The agreement between
eCosway and its Business Owners does not create an employer/employee
relationship, agency, partnership, or joint venture between the
Company and the Business Owner. Business Owners shall not be
treated as an employee for his or her services or for national,
federal, state, provincial, territorial, or local tax purposes.
All Business Owners are responsible for paying national, federal,
state, provincial, territorial, or local taxes due from all profits
and incentives earned as a Business Owner of the Company. The
Business Owner has no authority (expressed or implied), to bind
the Company to any obligation. Each Business Owner shall establish
his or her own goals, hours, and methods of sale, so long as
he or she complies with the terms of the Business Owner Agreement,
these Policies and Procedures, and applicable laws.
The name of eCosway and other names as may be adopted by eCosway
are proprietary trade names, trademarks and service marks of
eCosway. As such, these marks are of great value to eCosway and
are supplied to Business Owners for their use only in an expressly
authorised manner. Use of eCosway name on any item not produced
by the Company is prohibited except as follows:
Business Owner's Name
Business Owner
All Business Owners may list themselves as an "eCosway Independent
Business Owner" in the white or yellow pages of the telephone
directory under their own name, however, neither this phrase
nor any other verbiage identifying eCosway may be used in any
email signature file. No Business Owner may place telephone directory
display advertisement using eCosway's name or logo. Business
Owners may not answer the telephone by saying "eCosway", or in
any other manner that would lead the caller to believe that he
or she has reached corporate offices of eCosway.
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Adherence
to Laws and Ordinances
- Compliance
with National, Federal,
State, Provincial,
Territorial, or Local
Laws
Business Owners shall comply with all national, federal,
state, provincial, territorial, or local laws and regulations
in the conduct of their businesses.
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Minors
A person who is recognised as a minor in his or her country or
state of residence may not be an eCosway Business Owner.
Business Owners shall not enroll or introduce minors into
the eCosway program.
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Multiple
eCosway Businesses
A Business Owner may operate or have an ownership interest, legal
or equitable, as a sole proprietorship, partner, shareholder,
trustee, or beneficiary, in only one eCosway business unless
the Business Owner enrolls with a “3-business ID option” or “7-business
ID option” as allowed by eCosway and registers three or
seven different IDs with the same account profile. No individual
may have, operate or receive earnings from more than one eCosway
business in any other manner except in the allowed configuration
of three or seven business IDs sharing one profile. An exception
to this rule will be considered on a case by case basis in certain
cases (e.g., a Business Owner who receives an interest in another
business through inheritance). Requests for exceptions to policy
must be submitted in writing to eCosway.
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Re-packaging
and Re-labeling Prohibited
Business Owners may not re-package, re-label, refill or alter
the labels on any eCosway merchandise, information, materials
or programs in any way. eCosway merchandise must be sold in their
original containers only. Such re-labeling or re-packaging would
likely violate national, federal, state, provincial, territorial
or local laws, which could result in severe criminal penalties.
Business Owners should also be aware that civil liability can
arise when, as a consequence of the re-packaging or re-labeling
of merchandise, the persons using the merchandise suffer any
type of injury or their property is damaged.
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Requests
for Records
In the event that a report, document or record is available online,
a Business Owner should download and print it from the eCosway
System. Any request from a Business Owner to eCosway for copies
of invoices, applications, Business Status Reports or other records
will be available for a fee. This fee covers the expense of mailing
and time required to research files and make copies of the records.
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Roll-up
of Business Network
When a vacancy occurs in a business network due to the termination
of a Business Owner, the branches which are directly linked to
the terminated Business Owner will be moved up to the Business
Owner who is linked directly above the terminated Business Owner.
For example, if A introduces B, and B introduces C1, C2 and C3,
if B terminates his or her business, C1, C2 and C3 will "roll-up" to
A and become A's immediate branches. This roll-up process will
also apply to the network of Shoppers which is linked to the
terminated Business Owner.
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Sale,
Transfer or Assignment
of eCosway Business
Although an eCosway business is a privately owned, independently
operated business, the sale, transfer or assignment of an eCosway
business is subject to certain limitations. If a Business Owner
wishes to sell his or her eCosway business, the following criteria
must be met:
Protection
of the existing branch must always be maintained
so that the eCosway business continues to be
operated in that branch.
The
buyer or transferee must be (or must become)
a qualified eCosway Business Owner. If the buyer
is an active eCosway Business Owner, he or she
must first obtain the approval from eCosway before
termination of his or her eCosway business simultaneously
with the purchase, transfer, assignment or acquisition
of any interest in the new eCosway business.
The three (3) month waiting period set forth
in Section 3.4.2 shall not apply to the sale,
transfer or assignment of an eCosway business
pursuant to this section.
Before
the sale, transfer or assignment can be finalised
and approved by eCosway, any debt obligations
the selling Business Owner has with eCosway must
be satisfied.
The selling Business Owner 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 eCosway business.
Prior to selling an eCosway business, the selling Business Owner
must notify eCosway of his or her intent to sell the eCosway
business. No changes in that branch can result from the sale
or transfer of an eCosway business.
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Branch
Linkage
All active Business Owners in good standing have the right to
introduce and enroll others into eCosway. Should there be a dispute
in the linkage caused by multiple registration by a Business
Owner or Shopper, the earlier registration received by the Company
will be deemed controlling.
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Succession
Upon the death or incapacitation of a Business Owner, his or
her business may be passed to his or her heirs. Appropriate
legal documentation must be submitted to the Company to ensure
the transfer is proper. Accordingly, a Business Owner should
consult an attorney to assist him or her in the preparation
of a will or other testamentary instrument. Whenever an eCosway
business is transferred by a will or other testamentary process,
the beneficiary acquires the right to collect all earnings
of the deceased Business Owner's business network provided
the following qualifications are met. The successor(s) must:
Execute
a new Business Owner Agreement; and
Comply
with terms and provisions of the Agreement.
Profit
and incentive payments of an eCosway business
transferred pursuant to this section will
be remitted to the bank account of the beneficiaries.
The beneficiaries must provide eCosway with
the details of the bank account to which
all profit and incentive payments will be
remitted. If the business is bequeathed to
joint beneficiaries, they must form a business
entity. eCosway will issue all earnings and
appropriate tax reporting forms (if any)
to the business entity. An individual's interest
in more than one eCosway business will be
allowed only in the event of the death or
incapacitation of a Business Owner.
-
To
effect a testamentary transfer
of an eCosway business, the
successor must provide the
following to eCosway:
- a
notarised copy
of probate granted
by a Court; and
- a
completed and executed
Business Owner
Agreement.
-
Transfer
Upon Incapacitation of
a Business Owner
To effect a transfer of an eCosway business because of incapacity,
the successor must provide the following to eCosway: (1) a notarised
copy of an appointment as trustee; (2) a notarised copy of the
trust document or other documentation establishing the trustee's
right to administer the eCosway business; and (3) a completed
Business Owner Agreement executed by the trustee.
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SECTION
- RESPONSIBILITIES OF BUSINESS OWNERS
- Change
of Address or Telephone
To ensure timely delivery of merchandise, support materials,
and remittance of payment, it is critically important that eCosway's
files are current. Street addresses are required for shipping
as eCosway will not deliver to a post office box. To guarantee
proper delivery, Business Owners must immediately update their
individual Profile Page with their new delivery address and telephone
numbers whenever the need arises. The update will only be effective
for the Business Owner's subsequent purchase transactions.
- Ongoing
Sales Responsibilities
Regardless of their level of achievement, Business Owners have
an ongoing obligation to continue to personally promote sales
through the generation of new Shoppers and through servicing
their existing customers.
- Nondisparagement
eCosway wants to provide its independent Business Owners with
the best merchandise, Profit Plan and service in the industry.
Accordingly, eCosway values Business Owners' constructive
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