STATEMENT OF POLICIES & PROCEDURES
Effective January 1, 2021
SECTION 1 : INTRODUCTION
1.1 - Code of Ethics
Heevli (hereafter “Heevli” or “the Company”) is a values-based company that prides itself on the quality and character of its IRs (hereinafter “IR”). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every Heevli IR is expected to practice the following ethical behavior when acting in the name of the company:
A. I will be respectful of every person I meet while doing Heevli related business.
B. At all times I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
C. I will not engage in activities that would bring disrepute to Heevli, any Heevli corporate officer or employee, myself, or other IRs.
D. I will not make discouraging or disparaging claims toward other Heevli IRs. I will ensure that in all Heevli business dealings I will refrain from engaging in negative language. I will refrain from making any type of slanderous statements.
E. I will provide support and encouragement to my Customers to insure that their experience with Heevli is a successful one. I understand that it is important to provide follow-up service and support to my downline.
F. I will correctly represent all the bonus/compensation plans available through Heevli and the income potential represented therein. I understand I may not use my own income as an indication of others’ potential success, or use compensation checks as marketing materials. I further understand that I may only disclose my Heevli income to recruit a potential IR(s) after I have given a copy of the Income Disclosure Statement to the potential IR(s).
G. I will abide by all of Heevli’s Policies & Procedures now and as they may be amended in the future.
1.2 - Policies Incorporated Into IR Agreement
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of Heevli, are incorporated into, and form an integral part of, the Heevli IR Agreement (hereafter “IR Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Heevli IR Agreement, these Policies, and the Heevli Compensation Plan. These documents are incorporated by reference into the IR Agreement (all in their current form and as amended by Heevli). It is the responsibility of each IR to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new IR, it is the responsibility of the sponsoring IR to provide the most current version of these Policies and Procedures prior to his or her execution of the IR Agreement.
1.3 - Changes to the IR Agreement, Policies and Procedures, or Compensation Plan
Because federal, state, and local laws, as well as the business environment, periodically change, Heevli reserves the right to amend the Agreement and the prices in its Heevli Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Heevli Materials. Amendments shall be effective upon publication in Official Heevli Materials, including but not limited to, posting on Heevli’s website, e-mail distribution, publication in Heevli’s newsletter, product inserts, or any other commercially reasonable method. The continuation of an IR’s Heevli business or an IR’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
1.4 - Delays
Heevli shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood, death, curtailment of a party’s source of supply, or government decrees or orders.
1.5 - 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.
1.6 - 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 Heevli to exercise any right or power under the Agreement or to insist upon strict compliance by an IR 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 Heevli’s right to demand exact compliance with the Agreement. Waiver by Heevli can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 : BECOMING AN IR
2.1 - Requirements to Become an IR
To become a Heevli IR, each applicant must:
A. Be of the age of majority in his or her state of residence;
B. Reside in the United States or other countries, which have been officially opened by Heevli;
C. Have a valid Social Security Number or Federal Tax Identification Number;
D. Submit a properly completed and signed IR Agreement to Heevli via electronically or fax.
E. Heevli reserve the right to either accept or reject future prospects at its own descretion.
2.2 - New IR Registration by the Internet and Facsimile
A prospective IR may self-enroll on the sponsor’s web site. In such event, instead of a physically signed IR agreement, Heevli will accept the agreement by accepting the “electronic signature” stating the new IR has
Accepted the terms and conditions of the IR Agreement. Please note that such electronic signature constitutes a legally binding agreement between the IR and Heevli. Faxed agreements must include both the front and back of the IR Agreement.
2.3 - IR Benefits
Once an IR Agreement has been accepted by Heevli, the benefits of the Compensation Plan and the IR Agreement are available to the new IR. These benefits include the right to:
A. Sell Heevli products and services;
B. Participate in the Heevli Compensation Plan (receive bonuses and commissions, if eligible);
C. Sponsor other individuals as customers or IRs into the Heevli business and thereby build an organization and progress through the Heevli Compensation Plan;
D. Receive periodic Heevli literature and other Heevli communications;
E. Participate in Heevli-sponsored support service training, motivational and recognition functions; and
F. Participate in promotional and incentive contests and programs sponsored by Heevli for its IRs.
2.4 - Terms and Renewal of a Heevli Business
An IR or a member must renew their IR or member status monthly by purchasing at least one product every 3 months. This purchase is due on the month of the anniversary of the IR acceptance date, if credit is on file. If no cc on file, it is IR’s responsibility to make sure that payment is made prior to cut off deadline otherwise all commissions will be forfeited. In addition, the IR is committed to abide by Heevli Admin Fee Payment Plan per month if any, for the use of Heevli Internet marketing system. If the IR allows his or her business to expire due to nonpayment in a particular month, the IR will lose any and all rights to his or her downline organization unless the IR re-activates. The IR is not eligible to receive commissions for the time period that the IR’s business was expired.
Any IR terminated by Heevli may not re-apply to do business for 1 year from their termination date at which time Heevli, at its own descretion will decide whether to reject or accept the IR re-applying.
The downline of the expired IR will roll up to the immediate, active upline sponsor.
SECTION 3 : INCOME DISCLOSURE POLICY
In an effort to conduct best business practices, Heevli has developed the Income Disclosure Statement (“IDS”). The Heevli IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Heevli IRs earns. In order to accomplish this objective, a copy of the IDS must be presented to all prospective IRs.
A copy of the IDS must be presented to a prospective IR (someone who is not a party to a current Heevli IR Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one IR earned over a million dollars last year” or “Our average ranking IR makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher ranking IRs is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”
In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claim is made, you must provide every prospective IR with a copy of the IDS. Copies of the IDS may be printed or downloaded without charge from the company website.
SECTION 4 : ADVERTISING
4.1 - Adherence to the Heevli Compensation Plan
IRs must adhere to the terms of the Heevli Compensation Plan as set forth in Official Heevli Materials. IRs shall not offer the Heevli opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official Heevli Materials. IRs shall not require or encourage other current or prospective customers or IRs to participate in Heevli in any manner that varies from
the program as set forth in Official Heevli Materials. IRs shall not require or encourage other current or prospective customers or IRs to execute any agreement or contract other than official Heevli agreements and contracts in order to become a Heevli IR. Similarly, IRs shall not require or encourage other current or prospective customers or IRs to make any purchase from, or payment to, any individual or other entity to participate in the Heevli Compensation Plan other than those purchases or payments identified as recommended or required in Official Heevli Materials.
4.2 - Use of Sales Aids
To promote both the services and the opportunity Heevli offers, IRs must use the sales aids and support materials produced by Heevli. If Heevli IRs develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding IRs’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a Heevli business. These violations, although they may be relatively few in number, could jeopardize the Heevli opportunity for all IRs. Accordingly, IRs must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the IR receives specific written approval to use the material, the request shall be deemed denied. All IRs shall safeguard and promote the good reputation of Heevli and its services. The marketing and promotion of Heevli, the Heevli opportunity, the Compensation Plan, and Heevli services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.3 -Intellectual Property
Heevli will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including Heevli IRs, without prior written authorization from Heevli. Furthermore, no IR may use, publish, reproduce, advertise, sell, or display
in any manner the name, picture or likeness, or voice of another IR without prior written consent from the named IR. This consent must be on file with Heevli’s Compliance department prior to any use.
4.4 - Web Policy
If an IR desires to utilize an Internet web page to promote his or her business, he or she may do so through the Company’s replicated website program only. This program permits IRs to advertise on the Internet and to choose from among a variety of home page designs that can be personalized with the IR’s message and the IR `s contact information. These websites seamlessly link directly to the official Heevli website giving the IR a professional and Company-approved presence on the Internet. No IR may independently design a website that uses the names, logos, or product descriptions of Heevli or otherwise promotes (directly or indirectly) Heevli services or the Heevli opportunity.
4.5 - Domain Names and Email Addresses
IRs may not use or attempt to register or sell any of Heevli’s trade names, trademarks, service names, service marks, product names, or any derivative thereof, for any internet domain name or email address.
4.6 - Advertised Price
You may not advertise any of Heevli’s products at a price LESS than the highest company published price of the equivalent products. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.
4.7 - Generic Business Advertisements
If you advertise via newspaper or other advertising venues, the following rules apply:
A. No advertisement may imply that a job, position, salary, or any type of employment is allowed.
B. No advertisement may promote, represent, or imply salaried positions, management positions, hourly wages, full or part-time employment, or guaranteed incomes. The Heevli opportunity is not a job, and may not be presented as such. Terms such as “manager trainee,” “management positions available,” “travel provided,” “call for interview,” “positions available,” “now hiring,” and other misleading statements are not allowed.
C. No specific income can be promised or implied, and any references to compensation must use the word “commissions” to indicate the independent contractor status of IRs.
D. Advertisements may not contain references to Heevli or its services and may not use any of Heevli’s trademarks or trade-names.
Any requests for variances from the above rules must be submitted to Heevli and approved in writing prior to publication.
4.8 - Media and Media Inquiries
IRs must not initiate any interaction with the media or attempt to respond to media inquiries regarding Heevli, its services, or their independent Heevli business. All inquiries by any type of media must be immediately referred to Heevli’s Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.9 - Unsolicited Email and Fax Communication
Heevli does not permit IRs to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by an IR that promotes Heevli, the Heevli opportunity, or Heevli services, must comply with the following:
A. There must be a functioning return email address to the sender.
B. There must be a notice in the email that advises the recipient that they may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
C. The email must include the IR’s physical mailing address.
D. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
E. The use of deceptive subject lines and/or false header information is prohibited.
F. All opt-out requests, whether received by email or regular mail, must be honored. If an IR receives an opt-out request from a recipient of an email, the IR must forward the opt-out request to the Company. Heevli may periodically send commercial emails on behalf of IRs. By entering into the IR Agreement, IR agrees that the Company may send such emails and that the IR’s physical and email addresses will be included in such emails as outlined above. IRs shall honor opt-out requests generated as a result of such emails sent by the Company. Except as provided in this section, IRs may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their Heevli businesses.
SECTION 5 : OPERATING A Heevli BUSINESS.
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Heevli IR by submitting a Heevli IR Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to Heevli. A Heevli business may change its status under the same
Sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. To do so, the IR(s) must provide the Entity Documents to Heevli. The IR Application must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Heevli.
5.1.1 - Changes to a Business Entity
Each IR must immediately notify Heevli of any changes to the type of business entity they utilize in operating their Heevli business, and the addition or removal of business associates. A Heevli business may change its status under the same sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. The IR Agreement form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Heevli.
5.1.2 - Change Of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all IRs, Heevli rarely allows changes in sponsorship, with the rare exception of direct line changes (meaning placement is not affected). A direct line change request must be made by submitting a request within a seven (7) day period from the date of enrollment, and must come from the current listed sponsor. Company reserve the right to change sponsor of all direct consultants in the event that the consultant is inactive or is no long participating in the business ie (Online meetings / Presentations, contacting downlines, supporting team members, promote positive attitude with Heevli business, etc).
5.1.3 - Change Of Placement
A request for change of placement must be submitted before (30) days of the date of enrollment and must be requested by the current listed sponsor by email or in writing. An IR can only be moved inside of the same sponsor’s organization. If approved, an IR is placed in the first available open bottom position on the date that the change is made. IRs who have earned commissions or achieved rank are not eligible for placement changes. Please note that decisions made for any change request (sponsor or placement) are at the sole discretion of Heevli.
5.2 - Unauthorized Claims and Action
5.2.1 - Indemnification
An IR is fully responsible for all of his or her verbal and/or written statements made regarding Heevli services and the Compensation Plan, which are not expressly contained in Official Heevli Materials. IRs agree to indemnify Heevli and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Heevli as a result of the IR’s unauthorized representations or actions. This provision shall survive the cancellation of an IR’s IR Agreement.
5.2.2 - Endorsements of Heevli Services
No claims as to any services offered by Heevli may be made except those contained in Official Heevli Materials.
5.3 - Conflicts
5.3.1 - Non-solicitations
Heevli IRs are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “Network Marketing”).However, during the term of this Agreement, IRs may not directly or indirectly recruit other Heevli IRs or Customers other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of an IR Agreement, and for a period of one (1) calendar year thereafter, with the exception of an IR who is personally sponsored by the former IR, a former IR may not recruit any Heevli IR or Customer for another Network Marketing business.
5.3.2 - Sale of Competing Goods or Services
IRs must not sell, or attempt to sell, any competing non-Heevli programs or services to Heevli Customers or IRs. Any program, product, service, or direct selling opportunity in the same generic categories as the Heevli services are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors. Specifically, this includes any company that sells Skin Care.
5.3.3 - Targeting Other Direct Sellers
Should IRs engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Heevli services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an IR alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, Heevli will not pay any of IR’s defense costs or legal fees, nor will Heevli indemnify the IR for any judgment, award, or settlement.
5.3.4 - Privacy and Confidentiality
5.3.5- The Data Management Rule
The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all IRs, as well as Heevli. LOS information is information compiled by Heevli that discloses or relates to all or part of the specific arrangement of sponsorship within the Heevli business, including, without limitation, IR lists, sponsorship trees, and all IR information generated therefrom, in its present and future forms. The Heevli LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. Heevli is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by Heevli and its IRs. Through this Rule, IRs are granted a personal, non-exclusive, non-transferable and revocable right by Heevli to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the IR stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of Heevli, such is necessary to protect the confidentiality or value of Proprietary Information. All IRs shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof.
5.4 -Cross Sponsoring
Actual or attempted cross-group sponsoring is strictly prohibited. “Cross-group sponsoring” is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current customer number or IR Agreement on file with Heevli, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal Tax Identification Numbers or fictitious identification numbers to circumvent this policy is prohibited. This policy shall not prohibit the transfer of a Heevli business in accordance with the “Sale, Transfer or Assignment of Heevli Business” section of these Policies and Procedures.
5.5 -Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, IRs shall not represent or imply that Heevli or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
All IRs are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to Heevli either on the IR Agreement or at the company’s request. Upon enrollment, the Company will provide a unique IR Identification Number to the IR by which they will be identified. This number will be used to place orders and track commissions and bonuses.
5.7 - Income Taxes
Every year, Heevli will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident as required by the Internal Revenue Service. Each IR is responsible for paying local, state and federal taxes on any income generated as an IR. If a Heevli business is tax exempt, the Federal Tax Identification Number must be provided to Heevli. Any IR that does not provide a valid social security number is subject to the federal backup withholding laws and 28% of their commissions and bonus will be withheld and submitted to the IRS.
5.8 - Independent Contractor Status
You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an Independent IR or your earned position status as an IR. You have no authority to bind Heevli to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent Heevli Business or the acquisition, receipt, holding, selling, distributing or advertising of Heevli’s services or opportunity.
IRs may not answer the telephone by saying “Heevli,” “Heevli Incorporated,” or by any other manner that would lead the caller to believe that they have reached Heevli’s corporate offices. An IR may only represent that he/she is a Heevli IR. Therefore, all correspondence and business cards relating to or in connection with an IR’s Heevli business shall contain the IR’s name followed by the term “IR.” Indemnity: You agree to indemnify and hold Heevli, its officers, agents, directors, and employees harmless from any claim, damage, liability, or loss arising out of your activities.
5.9 - Bonus Buying
Paying the membership fees solely for the purpose of collecting bonuses or achieving rank is prohibited.
5.10 - Stacking
Stacking is the unauthorized manipulation of the Heevli compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline IR in an unearned manner. One example of stacking occurs when a sponsor places participants under an inactive downline participant (who may not know or have any relationship with the clients) in order to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of IRs within a downline organization in order to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the IR’s positions of all individuals found to be directly involved.
5.11 - One Heevli Business Per IR
An IR may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Heevli business. No individual may have, operate or receive compensation from more than one Heevli business. Individuals of the same family unit may each enter into or have an interest in their own separate Heevli businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.
5.12 – Succession
Upon the death or incapacitation of an IR, their business may be passed to a designated heir(s) listed on the RIT Form with a signature on file. Such appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Whenever a Heevli business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased IR’s marketing organization provided the following qualifications are met. The successor(s) must:
• Execute an IR Agreement;
• Comply with terms and provisions of the Agreement;
• Meet all of the qualifications for the deceased IR’s rank/status;
• Provide Heevli with an “address of record” to which all bonus and commission checks will be sent. Bonus and commission checks of a Heevli business transferred pursuant to this section will be paid in a single check jointly to the successor(s).
• Form a business entity and acquire a federal Taxpayer Identification Number, if the business is bequeathed to joint successors. Heevli will issue all bonus and commission checks and one 1099 to the business entity.
5.13 - Sale, Transfer, or Assignment of a Heevli Business
Although a Heevli business is a privately owned, independently operated business, the sale, transfer or assignment of a Heevli business is subject to certain limitations. If an IR wishes to sell their Heevli business, the following criteria must be met:
A. Protection of the existing line of sponsorship must always be maintained so that the Heevli business continues to be operated in that line of sponsorship;
B. The buyer or transferee must become a qualified Heevli IR. If the buyer is an active Heevli IR, they must first terminate their Heevli business and wait six calendar months before acquiring any interest in the new Heevli business;
C. Before the sale, transfer, or assignment can be finalized and approved by Heevli, any debt obligations the selling IR has with Heevli must be satisfied; and
D. The selling IR 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 a Heevli business.
Prior to selling a Heevli business, the selling IR must notify Heevli’s Compliance department of their intent to sell the Heevli business. No changes in line of sponsorship can result from the sale or transfer of a Heevli business. An IR may not sell, transfer, or assign portions of their business—the position must be sold in its entirety.
5.14 - Separation of a Heevli Business
Heevli IRs sometimes operates their Heevli businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership, or trust (the latter three entities are collectively referred to herein as “entities”) may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other IRs and the Company in a timely fashion, Heevli will involuntarily terminate the IR Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
A. One of the parties may, with consent of the other(s), operate the Heevli business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize Heevli to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
B. The parties may continue to operate the Heevli business jointly on a “business-as-usual” basis, whereupon all compensation paid by Heevli will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above. The Company will never remove a party to a position from an IR account without that party’s written permission and signature. Under no circumstances will the downline organization of divorcing spouses or a dissolving business entity be divided. Under no circumstances will Heevli split commission and bonus checks between divorcing spouses or members of dissolving entities. Heevli will recognize only one downline organization and will issue only one commission check per Heevli business per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business in a timely fashion as determined by the Company, the IR Agreement shall be involuntarily cancelled. If a former spouse has completely relinquished all rights in the original Heevli business pursuant to a divorce, they are thereafter free to enroll under any sponsor of their choosing without waiting six (6) calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as an IR. In either case, however, the former spouse or business affiliate shall have no rights to any IRs in their former organization or to any former customer. They must develop the new business in the same manner as would any other new IR.
All Active IRs in good standing have the right to sponsor and enroll others into Heevli. Each prospective customer or IR has the ultimate right to choose his or her own Sponsor. If two IRs claim to be the Sponsor of the same new IR or customer, the Company shall regard the first application received by the Company as controlling.
SECTION 6 : RESPONSIBILITIES OF IRs
6.1 - Change of Address, Telephone, Email-Address
To ensure timely communications, delivery of support materials and commission checks, it is critically important that the Heevli’s files are current. IRs planning to move or change their email address must submit an amended IR Agreement complete with the new information.
6.2 - Sponsoring IR Responsibilities
6.2.1 - Initial Training
Any IR who sponsors another IR into Heevli must perform a bona fide assistance and training function to ensure that their downline is properly operating their Heevli business. IRs must provide the most current version of the Policies and Procedures, the Income Disclosure Statement, and Compensation Plan to individuals whom they are sponsoring to become IRs before the applicant signs an IR Agreement.
6.2.2 - Ongoing Training Responsibilities
IRs must monitor the IRs in their downline organizations to ensure that downline IRs do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every IR should be able to provide documented evidence to Heevli of their ongoing fulfillment of the responsibilities of a Sponsor.
6.3 - Nondisparagement
IRs must not disparage, demean, or make negative remarks about Heevli, other Heevli IRs, Heevli’s services, the Compensation plan, or Heevli’s owners, board members, directors, officers, or employees.
6.4 - Reporting Policy Violations
IRs observing a Policy violation by another IR should submit a written report of the violation directly to the attention of the Heevli Compliance department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.
SECTION 7 : AUTOMATIC BILLING
7.1 - Billing
The purchases will not renewed each month with a credit or debit card maintained on file with Heevli. The IR are to make adjustments to their monthly purchase in the back office of the Heevli website
SECTION 8 : BONUSES AND COMMISSIONS
8.1 - Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, an IR must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. An IR is not required to make a purchase but may do so if desired for purposes of this section.
8.2 - Errors or Questions
If an IR has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the IR must notify Heevli in writing within 30 days of the date of the purported error or incident in question. Heevli will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
8.3 - Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an IR Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an IR or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as IRs or Customers (“phantoms”); (d) purchasing Heevli products on behalf of another IR or Customer, or under another IR’s or Customer’s ID number, to qualify for commissions or bonuses; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
IMPORTANT RULES FOR ALL POOL QUALIFIERS: Our Pre-Launch Pools are extremely easy to obtain and has been created for those who believes in our vision, stand with us from the beginning to end, and remained as a loyal Consultant. Therefore, we have strict rules in place, specifically for those who would like to be part of Heevli long-term. Please see below for details:
•To qualify for any Pool, one must not promote other businesses and/or products that are similar to what Heevli LLC is promoting. In doing so, he/she must also promote Heevli`s as well.
•A Consultant may not discourage other downlines or prospects from participating with Heevli at any time, whether he/she is actively participating or not.
•Our Comp Plan can change without notice, so it is up to all Consultants to update themselves regularly to know of any changes we may have on our Comp Plan-PDF in their back office or by attending trainings or meetings with their Sponsors or company.
•One must also not violate any of our Terms or Conditions listed here.
•Once a Consultant violates any of these policies, The Consultant will be blocked from ALL pools earned or still in process.
•There shall be no exceptions to any of these rules.
8.5 - Reports
All information provided by Heevli, including but not limited to personal sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors, including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments. An IR whose IR Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
A Heevli participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address, or via email to Heevli.
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by an IR that, in the sole discretion of the Company, may damage its reputation or goodwill (such damaging act or omission need not be related to the IR’s Heevli business), may result, at Heevli’s discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the IR 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;
• Withholding from an IR all or part of the IR’s bonuses and commissions during the period that Heevli is investigating any conduct allegedly contrary to the Agreement. If an IR’s business is cancelled for disciplinary reasons, the IR will not be entitled to recover any commissions withheld during the investigation period;
• Suspension of the individual’s IR Agreement for one or more pay periods;
• Involuntary termination of the offender’s IR Agreement;
• Any other measure expressly allowed within any provision of the Agreement or which Heevli deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the IR’s policy violation or contractual breach;
• Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of Heevli.
9.2 - Mediation
Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Clovis, California, and shall last no more than two (2) business days.
9.3 - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. IRs waives all rights to trial by jury or to any court. All arbitration proceedings shall be held in Sacramento, California. 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 which the American Arbitration Panel provides. 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 Heevli 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 Heevli’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.
9.4 - Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Sacramento, California. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of California shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this Agreement, residents of the State of Louisiana shall be entitled to bring an action against Heevli in their home forum and pursuant to Louisiana law.
SECTION 10: EFFECT OF CANCELLATION
10.1- Effect of Cancellation and Termination
So long as an IR remains active and complies with the terms of the IR Agreement and these Policies, Heevli shall pay commissions to such IR in accordance with the Compensation Plan. An IR’s bonuses and commissions constitute the entire consideration for the IR’s efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following an IR’s non-continuation of
his or her IR Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her IR Agreement (all of these methods are collectively referred to as “Cancellation”), the former IR shall have no right, title, claim or interest to the downline organization which he or she operated, or any commission or bonus from the sales generated by the organization. IRs waives any and all rights, including, but not limited to, property rights, in the downline which they may have had. Following an IR’s cancellation of his or her IR Agreement, the former IR shall not hold him or herself out as a Heevli IR and shall not have the right to sell Heevli products or services. An IR whose IR Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
A Heevli participant has a right to cancel at any time, regardless of reason. Volunteer cancellation must be submitted in writing to the Company at its principal business address, or via email to Heevli. The written notice must include the IR’s or member’s signature, printed name, address, and IR ID Number or your Site Name ID #.
SECTION 11 : DEFINITIONS
AGREEMENT: The contract between the Company and each IR; includes the IR Agreement, the Heevli Policies and Procedures, and the Heevli Compensation Plan, all in their current form and as amended by Heevli in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of an IR’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how IRs can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Heevli services and does not engage in building a business or selling the service.
IR: An individual, who purchases product, generates sales and business building commissions.
LINE OF SPONSORSHIP (LOS): A report generated by Heevli that providescritical data relating to the identities of IRs, sales information, and enrollment activity of each IR’s organization. This report contains confidential and trade secret information which is proprietary to Heevli.
ORGANIZATION: The Customers and IRs placed below a particular IR.
OFFICIAL Heevli MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Heevli to IRs.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Heevli’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Heevli IR or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: An IR who enrolls a Customer or another IR into the Company, and is listed as the Sponsor on the IR Agreement. The act of enrolling others and training them to become IRs is called “sponsoring.”
UPLINE: This term refers to the IR or IRs above a particular IR in a sponsorship line up to the Company. It is the line of sponsors that links any particular IR to the Company
INDEPENDENT REPRESENTATIVES AGREEMENT
1. Authorization and Contract. By executing the Heevli Independent Representatives Agreement (“Agreement”), you apply for legal authorization to become a Heevli business owner and enter into contract with Heevli, Inc., hereinafter “Heevli.” You acknowledge that prior to signing you have received, read and understood the Heevli Income Disclosure Statement, that you have read and understood the Heevli Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on www.Heevli.com, and that you have read and agree to all terms set forth in this Agreement. Heevli reserves the right to reject any application for any reason within 30 days of receipt.
2. Expiration, Renewal, and Termination. The term of this Agreement is ongoing (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If you canceled or is terminated for any reason, you understand that you will permanently lose all rights as an Independent Representatives. You shall not be eligible to sell Heevli products nor shall you be eligible to receive royalties, bonuses, or other income resulting from the activities of your former downline sales organization. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. Heevli reserves the right to terminate all Independent Representatives Agreements upon 30 days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or products via direct selling channels. Independent Representatives may cancel this Agreement at any time, and for any reason, upon written notice to Heevli at its principal business address. Heevli may cancel this Agreement for any reason upon 30 days advance written notice to Independent Representatives. Heevli may also take actions short of termination of the Agreement, if the Heevli Independent Representatives breaches any of its provisions.
3. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of Heevli or your Sponsoring Independent Representatives. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products available through Heevli on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Presenting the Plan. You agree when presenting the Heevli Compensation Plan to present it in its entirety as outlined in official Heevli materials, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on downline volume. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by Heevli. You agree to instruct all prospective Independent Representatives to review the Heevli Income Disclosure Statement.
5. Selling the Products. You agree to make no representations or claims about any products beyond those shown in official Heevli literature. You further agree to sell products available through Heevli only in authorized territories.
6. Heevli’s Proprietary Information and Trade Secrets. You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by Heevli, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the Heevli business including, without limitation, Independent Representatives lists, sponsorship trees, and all Heevli Independent Representatives information generated there from, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of Heevli, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with Heevli, Heevli grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and service developments, and Independent Representatives sales, earnings and other financial reports to facilitate your Heevli business.
7. Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are an Independent Representatives, and for one calendar year following resignation, non-renewal, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other Heevli Independent Representatives to compete with the business of Heevli.
8. Images / Recordings / Consents. You agree to permit Heevli to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by Heevli for any lawful purpose, and without compensation.
9. Modification of Terms. The terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
10. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with Heevli as set forth in this Independent Representatives Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of California without regard to conflict of law provisions. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against Heevli, Inc. with jurisdiction and venue as provided by Louisiana law.
11. Fax copy. A faxed copy of the Agreement shall be treated as an original in all respects.
12. Dispute Resolution. All disputes and claims relating to Heevli, its services and services, the rights and obligations of an Independent Representatives and Heevli, or any other claims or causes of action relating to the performance of either an Independent Representatives or Heevli under the Agreement or the Heevli Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Sacramento, California, or such other location as Heevli prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Heevli from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its 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.
13. Time Limitation. If an Independent Representatives wishes to bring an action against Heevli for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Independent Representatives waives all claims that any other statutes of limitations apply.
14. Miscellaneous. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Heevli and supersedes any prior agreements, understandings and obligations between you and Heevli concerning the subject matter of your contract with Heevli.
15. Montana residents: A Montana resident may cancel his or her Independent Representatives Agreement within 15 days from the date of enrollment.
16. Notice of Right to Cancel / Refunds Consultants may request a refund on the initial purchase if it is done within seven (7) business days from the date products are received. All returned products must be return in a resalable condition less the followings: a 10% restocking fee, shipping costs that has been paid by the company, and “all commissions paid”. Due to the many great benefits we provide to our participants, Heevli cannot retract one-time bonus commissions. Please send an email to support@Heevli.com or you can send us a letter to Heevli, LLC., 5701 Rexleigh Dr. Sacramento CA 95823, no later than midnight of the seventh business day following the date of this Agreement. All refunds will be sent via manual check. Please allow up to 2 weeks from the time returned products are received for processing before a check can be mailed out to you. For retail customer orders, Heevli offers a 30-day money back guaranteed, but the returned products must be return in a resalable condition less the followings: a 10% restocking fee, less commissions paid, and shipping costs that has been paid by the company. Heevli is not responsible for sales that are made personally by Consultants.
17. Submission of Electronic W-9. Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2), I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.
18. MENTORING AND LEADERSHIP: Many people are failing in the industry due to lack of mentorship and misled. We want everyone to be happy with the choices they make in their investments with us when they agreed to become our family members. The purpose of Heevli is for long-term, giving our Consultants a true opportunity to build with just one business and no need to seek further. This ensures that they can be stabilized and grow a legacy that can be passed on from generations to generations.
Therefore, we have established a “once in a life-time 90-days mentorship program” that every Consultant should be aware of and agreed to during Enrollment. This means that when you bring someone into your down lines, you are responsible to take care of them until they can grow and go on their own. If you spoke to a prospect and they did not join you but when heard it from someone else and they joined under that Consultant, Heevli does not handle personal issues. Here is how the mentoring program works:
If your Sponsor does not pick up your phone, text messages or keep in constant contact with you, you have the right to cancel immediately and re-enrolled under someone else at full retail price again or you can send us an email and asked to be moved to another team of choice (except Company) if:
a) You do not have a Placement from the Sponsor you want to move from.
b) You only have a team of direct Members and/or Consultants.
c) And have been with Heevli for less than 90-days.
Heevli will not deal with contest matters regarding this issue. This program will ensure that you are responsible for the person that is direct to you, making sure that they are given the same chance for success as you. Failure is not an option unless they choose to.
Following are the terms and conditions that constitute our Shipping Policy.
Domestic Shipping Policy:
Shipment processing time: All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
Shipping rates & delivery estimates: Shipping charges for your order will be calculated and displayed at checkout.
Shipment confirmation & Order tracking: You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.
All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Damages / Missing Items: Heevli is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim , If any products are missing, you are to notify Heevli LLC withn 24 hrs of receiving your orders. Outside of that 24 hrs., Heevli LLC is not responsible of any missing items.
International Shipping Policy: Orders shipped to countries outside of the United States may be subject to import taxes and custom duties levied by the destination country once a shipment enters the country. ... Customs policies vary widely from country to country and we recommend contacting your local customs office for further information.
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