POLICIES AND PROCEDURES v1.0
1.1 Mutual Commitment Statement
Aphrodite's Oysters Inc. (“hereafter as “Aphrodite's Oysters” and/or the “Company,” “We,” or “Us”) recognizes the importance in the development of a long-term and mutually rewarding relationship with its business owners (known as “Independent Consultants”) and its Customers. With this goal in mind, the Company asks its Independent Consultants to acknowledge and respect the true nature of the relationship between one another and mutually pledge to support and service Customers.
A. In the spirit of mutual respect and understanding, We as a Company hereby commit to:
I. Providing prompt, professional and courteous service and communications to our Customers and Independent Consultants;
II. Providing the highest level of quality products at fair and reasonable prices;
III. Exchanging or Refunding the purchase price of any product pursuant to the terms of our Return Policy:
IV. Delivering orders promptly and accurately;
V. Paying commissions correctly and on a timely basis;
VI. Expediting orders or commission payments should an error or unreasonable delay occur;
VII. Developing and implementing new products and programs with input from our Independent Consultants;
VIII. Implementing changes in the Compensation Plan or these Policies and Procedures (“Policies) with input from our Independent Consultants;
IX. Supporting, protecting and defending the integrity of the Aphrodite's Oysters opportunity;
X. Offering Independent Consultants the opportunity to grow with the Company and have such growth come by way of exemplary leadership.
B. In return, Aphrodite's Oysters expects that its Independent Consultants to:
I. Conduct themselves in a professional, honest, and considerate manner;
II. Present Aphrodite's Oysters corporate and product information in an accurate and professional manner;
III. Present the Compensation Plan and Return Policy in a complete and accurate manner;
IV. Refrain from the utterance or display of exaggerated income claims;
V. Make reasonable effort(s) to support and train the personal Customers and Independent Consultants you service and sponsor, as well as provide aid to downline Independent Consultants;
VI. Abstain from cross-line recruiting (as defined herein), unhealthy competition or unethical business practices;
VII. Provide positive guidance and training to all Customers and Independent Consultants while exercising restraint towards any interference with another Independent Consultant’s downline. As such, an Independent Consultant is discouraged from providing cross-line training to an Independent Consultant in a different organization without first obtaining consent of the applicable upline Independent Consultant leader;
VIII. Support, protect, and defend the integrity of the Aphrodite's Oysters opportunity;
IX. Accurately complete and submit the Independent Consultant Agreement and any requested supporting documentation in a timely manner.
1.2 Aphrodite's Oysters Policies and Compensation Plan Incorporated into the
Independent Consultant Agreement
A. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Aphrodite's Oysters Independent Consultant Agreement, these Policies and Procedures, and the Company Compensation Plan. These documents (the Independent Consultant Agreement and the Company Compensation Plan) are incorporated into these Policies and made part as if restated in full.
B. As a sponsor to any other Independent Consultant, you must provide the most current version of these Policies (available on the Aphrodite's Oysters website, https://aphroditesoysters.com) and the Company Compensation Plan to each applicant prior to his, her and/or its execution of an Independent Consultant Agreement.
1.3 Purpose of Policies
A. Aphrodite's Oysters is a direct sales company that markets exceptional jewelry through a network of business owners. To clearly define the relationship that exists between the Company and these business owners, and to explicitly set a standard for acceptable business conduct, We have established these Policies.
B. As an Independent Consultant of Aphrodite’s Oysters, you must comply with the following: (i) all of the terms and conditions set forth in the Independent Consultant Agreement, which the Company may amend from time to time in its sole and absolute discretion; (ii) all federal, state, local, and/or otherwise applicable laws governing his, her and/or its Aphrodite's Oysters business; (iii) these Policies; and (iv) the Company Compensation Plan.
C. The Company requires that you review the information found in these Policies carefully. Should you have any questions regarding a specific policy or rule, We encourage you to seek an answer from your Sponsor or another upline Independent Consultant. If further clarification is necessary, you contact Company Customer Service.
1.4 Changes, Amendments, and Modifications
A. Because federal, state, and local laws, as well as the business environment, periodically change, the Company reserves the right to amend the Agreement and the prices in its Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Company Materials. This provision does NOT apply to the arbitration clause found in Section 12, which can only be modified via mutual consent.
B. Any such amendment, change, or modification shall be effective immediately upon notice by any one of the following methods:
I. Posting on the official corporate website (https://aphroditesoysters.com);
II. Electronic mail (e-mail); or
III. In writing through Company newsletters or other forms of Company communication channels.
We are not responsible for delays or failures in performance of our obligations when such failure is due to circumstances beyond our reasonable control. This includes, without limitation, strikes, labor difficulties, transportation difficulties, riot, war, fire and/or weather, curtailment of a source of supply, or government decrees or orders.
1.6 Effective Date
These Policies shall become effective as of July 13, 2017 (“Effective Date”) and, at such time, shall automatically supersede any prior Policies and Procedures (the “old Policies and Procedures”). Upon the Effective Date, the old Policies and Procedures shall cease to have any force or effect.
2.0 BASIC PRINCIPLES
2.1 Becoming an Aphrodite's Oysters Independent Consultant
A. To become an Independent Consultant, an applicant must comply with the following requirements:
I. Be of the age of majority (not a minor) in his or her state of residence;
II. Reside or have a valid address in one of the fifty states of the United States or the District of Columbia;
III. Have a valid taxpayer identification number (i.e., Social Security Number, Federal Tax ID Number, ITIN, etc.);
IV. Submit a properly completed and signed Independent Consultant Agreement to the Company;
V. Not be an Aphrodite's Oysters employee, the spouse of an Aphrodite's Oysters employee or related to and/or living in the same house as an Aphrodite’s Oysters employee.
VI. Purchase an Aphrodite’s Oysters Independent Consultant Starter Kit.
2.2 New Independent Consultant Registration
A. A potential new Independent Consultant may self-enroll on a Sponsor’s website. In such event, instead of a physically signed Independent Consultant Agreement, the Company will accept the web-enrollment and Agreement through an Independent Consultant’s acceptance of the “electronic signature.” The “electronic signature” states that the new Independent Consultant has accepted the terms and conditions of the Independent Consultant Agreement. Please note that such electronic signature constitutes a legally binding agreement between you and the Company.
B. Aphrodite's Oysters reserves the right to require signed paperwork for any account, regardless of origin.
C. If requested, the signed Independent Consultant Agreement must be received by the Company within seven (7) days of enrollment.
D. Signed documents, including, but not limited to, the Independent Consultant Agreement, are legally binding contracts which must not be altered, tampered with or changed in any manner post-signature. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been signed may lead to sanctions, up to and including involuntary termination of an Independent Consultant’s business.
2.3 Rights Granted
A. We hereby grant to an Independent Consultant a non-exclusive right, based upon the terms and conditions pursuant to the Agreement and these Policies, to:
I. Purchase Aphrodite's Oysters products and services;
II. Promote and sell Aphrodite's Oysters products and services; and
III. Sponsor new Customer and other Independent Consultants within any of the fifty states of the United States and the District of Columbia. (Note, you may not solicit any business from another country and/or U.S. territory).
B. You recognize that the Company affords no Independent Consultant the right to an exclusive territory (or territories) for the purpose of sales and/or the sponsoring of other Independent Consultants.
2.4 Identification Numbers
A. Each Independent Consultant must provide the Company with his or her Social Security Number, or Federal Tax Identification Number. Aphrodite's Oysters reserves the right to withhold commission payments from any Independent Consultant who fails to provide such information or who provides false information.
B. Upon enrollment, Aphrodite's Oysters will provide you with an Identification Number. This number will be used to place orders, structure organizations, and track commissions and bonuses.
2.5 Business Entities
A. A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity”) may apply to be an Aphrodite's Oysters Independent Consultant. This Independent Consultant business will remain temporary until the submission of the proper documents. The Business Entity must submit one or more (at the direction of the Company) of the following documents: Certificate of Incorporation, Articles of Organization, Partnership Agreement or appropriate Trust documents. Aphrodite's Oysters must receive these documents within seven (7) days from the date an Independent Consultant affixed its signature to the Agreement.
B. An Independent Consultant may change its status under the same Sponsor from an individual to a partnership, LLC, corporation, trust or from one type of business entity to another.
2.6 Independent Business Relationship; Indemnification for Actions
A. As an Independent Consultant, you understood you are an independent contractor and not a purchaser of a franchise or business opportunity. Therefore, your success is entirely dependent upon your own individual efforts and not the efforts of the Company.
B. The Agreement between the Company and its Independent Consultants does not create an employer/employee relationship, agency, partnership, or joint venture.
C. An Aphrodite's Oysters Independent Consultant shall not be treated as an employee of the Company for any purposes, including, without limitation, for federal, state, or local tax purposes. All Independent Consultants are responsible for paying local, state, and federal taxes due from all compensation earned as an Independent Consultant of Aphrodite's Oysters. Any other compensation received by Independent Consultants from Aphrodite's Oysters will be governed by applicable U.S. tax laws (or the tax laws of any other applicable jurisdiction). The Independent Consultant has no express or implied authority to bind Aphrodite's Oysters to any obligation or to make any commitments by or on behalf of the Company. Each Independent Consultant, whether acting as management of a Business Entity or represented as an individual, shall establish his, her or its own goals, hours, and methods of operation and sale, so long as he, she or it complies with the terms of the Independent Consultant Agreement, these Policies, and applicable state and federal laws.
D. The Aphrodite's Oysters Independent Consultant is fully responsible for all of his, her or its verbal and written communications made regarding Aphrodite's Oysters products, services, and the Compensation Plan that are not expressly contained within Official Company Materials. Independent Consultants shall indemnify and hold harmless Aphrodite's Oysters, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by Aphrodite's Oysters as a result of the Independent Consultant’s unauthorized representations or actions. This Provision shall survive the termination of the Aphrodite's Oysters Independent Consultant Agreement.
Business Pursuits Coverage. We encourage Independent Consultants to arrange insurance coverage for their business. A homeowner’s insurance policy does not cover business related injuries, or the theft of, or damage to, inventory or business equipment. Aphrodite's Oysters Independent Consultants need to contact their insurance agent to make certain their business property is protected. In most instances, this may be accomplished with a “Business Pursuit” endorsement to an existing homeowner’s policy.
2.8 Errors or Questions
If an Independent Consultant has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, you must notify the Company in writing within thirty (30) days of the date of the error or incident in question. Any such errors, omissions or problems not reported within 30 days shall be deemed waived by the Independent Consultant.
3.0 APHRODITE'S OYSTERS’s INDEPENDENT CONSULTANT RESPONSIBILITIES
3.1 Correct Addresses
A. It is the responsibility of a Customer or Independent Consultant to make sure Aphrodite's Oysters has the correct shipping address before any orders are shipped.
B. A Customer or Independent Consultant will need to allow up to thirty (30) days for processing after the notice of address change has been received by Aphrodite's Oysters.
C. A Customer or Independent Consultant may be assessed a $20 fee for returned shipments due to an incorrect shipping address.
3.2 Training and Leadership
A. Any Aphrodite's Oysters Independent Consultant who Sponsors another Independent Consultant into the Company must perform an authentic assistance and training function to ensure his, her or its downline is properly operating their business. Sponsoring Independent Consultants should have ongoing contact and communication with those in their downline organizations. Examples of communication may include, but are not limited to, the following: newsletters, written correspondence, telephone, contact, team calls, voice-mail, e-mail, personal meetings, accompaniment of downline Independent Consultants to Company meetings, training sessions and any other related functions.
B. A Sponsoring Aphrodite's Oysters Independent Consultant should monitor those in his, her, or its downline organizations to ensure that downline Independent Consultants do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, such Independent Consultant should be able to provide documented evidence to the Company of his, her or its ongoing fulfillment of the responsibilities as a Sponsor.
C. Upline Independent Consultants are encouraged to motivate and train new Independent Consultants about Aphrodite's Oysters’ products and services, effective sales techniques, the Company Compensation Plan and compliance with company Policies.
D. Marketing product is a required activity in Aphrodite's Oysters and must be emphasized in all recruiting presentations.
F. We emphasize and encourage all Independent Consultants to sell Aphrodite's Oysters’s products and services to Customers. This is the Company’s main objective.
G. Use of Sales Aids. To promote both the products and the opportunity Aphrodite's Oysters offers, Independent Consultants must use the sales aids and support materials produced by the Company. If you develop your own sales aids and promotional materials, which includes Internet advertising, notwithstanding your good intentions, you may unintentionally violate any number of statutes or regulations affecting the Aphrodite's Oysters business. These violations, although they may be relatively few in numbers, could jeopardize the Aphrodite's Oysters opportunity for all Independent Consultants. Accordingly, Independent Consultants 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 Independent Consultant receives specific written approval to use the material, the request shall be deemed denied. All Independent Consultants shall safeguard and promote the good reputation of Aphrodite's Oysters and its products. The marketing and promotion of Aphrodite's Oysters, the Aphrodite's Oysters opportunity, the Compensation Plan, and Aphrodite's Oysters products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.3 Constructive Criticism; Ethics
A. Aphrodite's Oysters desires to provide its Independent Consultants with the best products and services and Compensation Plan in the industry. Accordingly, Aphrodite's Oysters values constructive criticism and encourages the submission of written comments addressed to the Company Compliance Department.
B. Any negative and disparaging comments by an Independent Consultant about Aphrodite's Oysters, its products or Compensation Plan, made to others in the field or at Company meetings or events, or disruptive behavior at Company meetings or events, serve no purpose other than to dampen the enthusiasm of other Independent Consultants. Aphrodite's Oysters Independent Consultants must not belittle Aphrodite's Oysters, other Company Independent Consultants, Aphrodite's Oysters products or services, the Compensation Plan, or the Company’s directors, officers, or employees, product suppliers or agents. Such conduct represents a material breach of these Policies and may be subject to sanctions as deemed appropriate by the Company.
C. Aphrodite's Oysters endorses the following code of ethics:
I. As an Independent Consultant, you must show fairness, tolerance, and respect to all people associated with Aphrodite's Oysters, regardless of race, gender, social class or religion, thereby fostering a “positive atmosphere” of teamwork, good morale and community spirit.
II. You shall strive to resolve business issues, including situations with upline and downline Independent Consultants, by emphasizing tact, sensitivity, good will and taking care not to create additional problems.
III. Aphrodite's Oysters Independent Consultants must be honest, responsible, professional and conduct themselves with integrity.
IV. Aphrodite's Oysters Independent Consultants shall not make disparaging statements about Aphrodite's Oysters, other Independent Consultants, Aphrodite's Oysters employees, product suppliers or agents, products, services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.
D. Aphrodite's Oysters may take appropriate action against an Independent Consultant if it determines, in its sole discretion, that the conduct is detrimental, disruptive, or injurious to Aphrodite's Oysters or to other Independent Consultants.
3.4 Reporting Policy Violation
A. An Independent Consultant who observes a policy violation by another Independent Consultant should submit a written and signed letter (e-mail will not be accepted) of the violation directly to the Corporate office. The letter shall set forth the details of the incident as follows:
I. The nature of the violation;
II. Specific facts to support the allegations;
IV. Number of occurrences;
V. Persons involved; and
VI. Supporting documentation
B. Once the matter has been presented to Aphrodite's Oysters, it will be researched thoroughly by the Compliance Department and appropriate action will be taken if required.
C. This section refers to the general reporting of policy violations as observed by other Independent Consultants for the mutual effort to support, protect, and defend the integrity of the Aphrodite's Oysters business and opportunity. If an Independent Consultant has a grievance or complaint against another Independent Consultant which directly relates to his, her or its Aphrodite's Oysters business, the procedures set forth herein must be followed.
A. The Sponsor is the person who introduces an Independent Consultant or Customer to Aphrodite's Oysters, helps them complete their enrollment, and supports and trains those in their downline.
B. The Company recognizes the Sponsor as the name(s) shown on the first:
I. Physically signed Aphrodite's Oysters Independent Consultant Agreement on file; or
II. Electronically signed Independent Consultant Agreement from the corporate website or an Aphrodite's Oysters Independent Consultant’s website.
C. An Independent Consultant Agreement that contains notations such as “by phone” or the signatures of other individuals (i.e. Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by Aphrodite's Oysters.
D. Aphrodite's Oysters recognizes that each new prospect has the right to ultimately choose his or her own Sponsor, but Aphrodite's Oysters will not allow an Independent Consultant to engage in unethical sponsoring activities.
E. All active Independent Consultants in good standing have the right to Sponsor and enroll others into the Company. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Independent Consultant will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Independent Consultant who presented a comprehensive introduction to the Company products or business opportunity.
F. A Protected Prospect is a guest of any Aphrodite's Oysters Independent Consultant or Customer who attended an Aphrodite's Oysters event or conference call. For sixty (60) days following the event, a Protected Prospect cannot be solicited or sponsored by any other Aphrodite's Oysters Independent Consultant who attended the same event. An Aphrodite's Oysters event can be defined as the following:
I. Any Aphrodite's Oysters training session;
II. Conference call;
III. Fly-in meeting; or
IV. Presentation, including but not limited to an Aphrodite's Oysters at home presentation, whether sponsored by Aphrodite's Oysters, an Independent Consultant, a Customer, or an agent or agency designated by Aphrodite's Oysters.
3.6 Cross Sponsoring Prohibition
A. “Cross sponsoring” is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity, that already signed an Independent Consultant Agreement. Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified by the Company, sanctions up to and including termination of an Independent Consultant’s business may be imposed.
B. The use of a Spouse’s or relative’s name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal ID numbers, or fictitious ID numbers to evade or circumvent this policy is not permitted.
C. This policy does not prohibit the transfer of an Aphrodite's Oysters business in accordance with Aphrodite's Oysters Sale or Transfer Policy set forth later in these Policies.
3.7 Adherence to the Aphrodite's Oysters Compensation Plan
A. An Independent Consultant must adhere to the terms of the Aphrodite's Oysters Compensation Plan as set forth in these Policies as well as in official Company literature. Deviation from the Compensation Plan is strictly prohibited.
B. An Independent Consultant shall not offer the Aphrodite's Oysters opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official Company literature.
C. An Independent Consultant shall not require or encourage a current or prospective Customer or Independent Consultant to participate in Aphrodite's Oysters in any manner that varies from the Compensation Plan as set forth in official Company literature.
D. An Independent Consultant shall not require or encourage a current or prospective Customer or Independent Consultant to make a purchase from or payment to any individual or other entity as a condition to participating in the Aphrodite's Oysters Compensation Plan, other than such purchases or payments required to naturally build their business.
3.8 Adherence to Laws and Ordinances
A. Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Independent Consultants because of the nature of the business. However, Independent Consultants must check their local laws and obey the laws that do apply to them.
B. An Aphrodite's Oysters Independent Consultant shall comply with all federal, state, and local laws and regulations in their conduct of his, her or its Aphrodite's Oysters business.
3.9 Compliance with Applicable Income Tax Laws
A. Aphrodite's Oysters will automatically provide a complete 1099 Miscellaneous Income Tax form (nonemployee compensation) to each United States Independent Consultant whose earnings for the year is at least $600 or who has purchased more than $5,000 of Aphrodite's Oysters products for resale, or who received trips, prizes or awards valued at $600 or more. If earnings and purchases are less than stated above, IRS forms will be sent only at the request of the Independent Consultant, and a minimum charge of $20 may be assessed by Aphrodite's Oysters.
B. An Independent Consultant accepts sole responsibility for and agrees to pay all federal, state, and local taxes on any income generated as an Independent Consultant, and further agrees to indemnify Aphrodite's Oysters from any failure to pay such tax amounts when due.
C. If an Independent Consultant’s business is tax exempt, the Federal Tax Identification number must be provided to the Company in writing.
D. Aphrodite's Oysters encourages all Independent Consultants to consult with a tax advisor for additional information for their business.
3.10 One Aphrodite's Oysters Business per Independent Consultant
A. An Independent Consultant may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1) Aphrodite's Oysters business. No individual may have, operate or receive compensation from more than one Aphrodite's Oysters businesses. Individuals of the same family unit may each enter into or have an interest in their own separate Aphrodite's Oysters businesses, only if each subsequent family business 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.
3.11 Actions of Household Members or Affiliated Parties
If any member of an Independent Consultant’s immediate household engages in any activity which, if performed by the Independent Consultant, would violate any provision of the Agreement, such activity will be deemed a violation by the Independent Consultant and Aphrodite's Oysters may take disciplinary action pursuant to these Policies against the Independent Consultant. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Aphrodite's Oysters may take disciplinary action against the Business Entity. Likewise, if an Independent Consultant enrolls in Aphrodite's Oysters as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
3.12 Solicitation for Other Companies or Products
A. An Aphrodite's Oysters Independent Consultant may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities. However, during the term of this Agreement and for one (1) year thereafter, you may not recruit any Aphrodite's Oysters Customer or Independent Consultant for any other direct sales or network marketing business, unless that Independent Consultant or Customer was personally sponsored by you.
B. The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Customer or Independent Consultant to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Independent Consultant’s actions are in response to an inquiry made by another Customer or Independent Consultant.
C. During the term of this Agreement and for a period of six (6) months thereafter, any Aphrodite's Oysters Independent Consultant must not sell, or entice others to sell, any competing products or services, including training materials, to Aphrodite's Oysters Customers or Independent Consultants. Any product or service in the same category as an Aphrodite's Oysters product or service is deemed to be competing (i.e., any competing product or service regardless of differences in cost or quality. This provision does not apply where professional services are the primary source of revenue and the product sales are secondary (e.g., doctor’s offices, clinics, health clubs, spas and beauty salons).
D. However, an Independent Consultant may sell non-competing products or services to Aphrodite's Oysters Customers and Independent Consultants that they personally sponsored.
E. An Independent Consultant may not display or bundle Aphrodite's Oysters products or services, in sales literature, on a website or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer or Independent Consultant into believing there is a relationship between the Aphrodite's Oysters and non-Aphrodite's Oysters products and services.
F. An Aphrodite's Oysters Independent Consultant may not offer any non-Aphrodite's Oysters opportunity, products or services at any Company-related meeting, seminar or convention, or immediately following a Company event.
G. A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between Aphrodite's Oysters and its Independent Consultants and would inflict irreparable harm on Aphrodite's Oysters. In such event, Aphrodite's Oysters may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Independent Consultant or such Independent Consultant’s business, including termination, or seek immediate injunctive relief without the necessity of posting a bond.
3.13 Presentation of the Aphrodite's Oysters Opportunity
A. In presenting the Aphrodite's Oysters opportunity to potential Customers and Independent Consultants, an Independent Consultant is required to comply with the following provisions:
I. You shall not misquote or omit any significant material fact about the Compensation Plan.
II. You shall make it clear that the Compensation Plan is based upon sales of Aphrodite's Oysters products and services to ultimate users and the sales of other sponsoring Independent Consultants.
III. You shall make it clear that success can be achieved only through substantial independent efforts.
IV. An Aphrodite's Oysters Independent Consultant shall not make unauthorized income projections, claims, or guarantees while presenting or discussing the Aphrodite's Oysters opportunity or Compensation Plan to prospective Independent Consultants or Customers.
V. You may not make any claims regarding products or services of any products offered by Aphrodite's Oysters, except those contained in official Company literature.
VI. You may not use official Aphrodite's Oysters material to promote the Aphrodite's Oysters business opportunity in any country where Aphrodite's Oysters has not established a “presence.”
VII. In an effort to conduct best business practices, Aphrodite's Oysters has developed the Income Disclosure Statement (“IDS”). The Aphrodite's Oysters IDS is designed to convey truthful, timely, and comprehensive information regarding the income Independent Consultants earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Independent Consultants.
A copy of the IDS must be presented to a prospective Independent Consultant 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 the following: (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 Independent Consultant earned over a million dollars last year” or “Our average ranking Independent Consultant makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Independent Consultants is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”
VIII. Sales Receipts. Independent Consultants must provide their Customers with one copy of the official Aphrodite’s Oysters sales receipt at the time of sale. You must maintain all retail sales receipts for a period of two (2) years and furnish them to the Company at the Company’s request.
3.14 Sales Requirements are governed by the Compensation Plan
A. Aphrodite's Oysters Independent Consultants may only sell Aphrodite's Oysters products at the price specified by the Company. Aphrodite's Oysters will provide these selling prices.
B. The Aphrodite's Oysters program is built on sales to the ultimate consumer. Aphrodite's Oysters encourages its Independent Consultants to only purchase inventory that they and their family will personally consume, will be used as a sales tool, or will be resold to others for their ultimate consumption. Independent Consultants must never attempt to influence any other Independent Consultant to buy more products than they can reasonably use or sell to retail Customers in a month. Because the Company does not wish for an Independent Consultant to possess more inventory than he, she or it is capable of selling, the Company utilizes the Oyster Deposit System (as described more fully later in these Policies).
C. Independent Consultants may not purchase and/or sell oysters from any source other than Aphrodite’s Oysters. Failure to comply will result in immediate termination.
4.1 General Order Policies
A. “Bonus Buying” is strictly and absolutely prohibited. Bonus Buying includes the following: (1) the enrollment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or Business Entities; (2) the fraudulent enrollment of an individual or entity as an Independent Consultant or Customer; (3) the enrollment or attempted enrollment of non-existent individuals or Business Entities as Independent Consultants or Customers (“phantoms”); (4) purchasing Aphrodite's Oysters products or services on behalf of another Independent Consultant or Customer, or under another Independent Consultant’s or Customer’s ID number, to qualify for commissions or bonuses; (5) purchasing excessive amounts of products or services that cannot reasonably be used or resold in a month; and/or (6) 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.
An Independent Consultant shall not use another Independent Consultant’s or Customer’s credit card or debit checking account to enroll in Aphrodite's Oysters or purchase products or services without the account holder’s written permission. Such documentation must be kept by the Independent Consultant indefinitely in case Aphrodite's Oysters needs to reference this.
B. Regarding an order with an invalid or incorrect payment, Aphrodite's Oysters will attempt to contact the Independent Consultant by phone, mail or e-mail in order to obtain another form of payment. If these attempts are unsuccessful after ten (10) business days, the order will be canceled.
C. If an Independent Consultant wants to move an order to another Independent Consultant’s business, he, she or it must have prior authorization, of all parties involved. Aphrodite's Oysters will charge the Independent Consultant a $20 fee for processing.
D. Prices are subject to change without notice.
E. An Independent Consultant or Customer who is a recipient of a damaged or incorrect order must notify Aphrodite's Oysters within thirty (30) calendar days from receipt of the order and follow the procedures as set forth in these Policies.
F. Independent Consultants are expected to follow the process outlined in the back office for accurate submission of orders. This includes accurately entering and packaging orders according to the guidelines set by the Company.
G. When a Customer orders a party package from an Independent Consultant, the Company imposes a deadline of forty-eight (48) hours from the time of the transaction by which Independent Consultant must ship the party package to corporate. If an Independent Consultant fails to ship the party package to corporate within forty-eight (48) hours from the sale, the Company reserves the right to take disciplinary action such as suspension, termination, or commissions freeze in its sole and absolute discretion. When an Independent Consultant ships a party package to Corporate, Aphrodite’s Oysters expects Independent Consultant to:
I. Use the Company’s corresponding carrier to ship the package; and
II. Use an active shipping label which allows tracking and requires a signature for acceptance.
H. When entering your orders, you must enter the customer name, email address, address, phone number, and payment information for each order. Aphrodite’s Oysters provides Independent Consultants with a safe and trackable method to process customer credit/debit cards. The use of any external payment processing method (i.e. Square, PayPal, Stripe, and Authorize.net) is strictly prohibited.
4.2 Insufficient Funds
A. All checks returned for insufficient funds will be re-submitted for payment. A $35 fee will be charged to the account of the Independent Consultant or Customer for all returned checks and insufficient funds.
B. Any outstanding balance owed to Aphrodite's Oysters by an Independent Consultant or Customer of the Independent Consultant from NSF (non-sufficient funds) checks, returned check fees or insufficient fund fees (ACH) will be withheld by Aphrodite's Oysters from an Independent Consultant’s future bonus and commission checks.
C. All transactions involving returned checks or insufficient funds through ACH or credit card, which are not resolved in a timely manner by the Independent Consultant, constitute grounds for disciplinary sanctions.
D. If a credit card order or automatic debit is declined the first time, the Customer or Independent Consultant will be contacted for an alternate form of payment. If payment is declined a second time, the Customer or Independent Consultant may be deemed ineligible to purchase Aphrodite's Oysters products or services.
4.3 Sales Tax Obligation
A. The Independent Consultant shall comply with all state and local taxes and regulations governing the sale of Aphrodite's Oysters products and services.
B. Aphrodite's Oysters will collect and remit sales tax on Independent Consultant orders unless an Independent Consultant furnishes Aphrodite's Oysters with the appropriate Resale Tax Certificate form. When orders are placed with Aphrodite's Oysters, sales tax is prepaid based upon the suggested retail price. Aphrodite's Oysters will remit the sales tax to the appropriate state and local jurisdictions. The Independent Consultant may recover the sales tax when he, she or it makes a sale. Aphrodite's Oysters Independent Consultants are responsible for any additional sales taxes due on products marked up and sold at a higher price.
C. Aphrodite's Oysters encourages each Independent Consultant to consult with a tax advisor for additional information for his or her business.
4.4 Oyster Deposit System
As an Independent Consultant, you also may take advantage of the Oysters Deposit System. The Deposit System works as follows: Upon the diminishment of your oyster inventory, you deposit more money into the Deposit System and request more oysters from the Company. When an Independent Consultant wishes to add additional oysters on deposit to his, her or its inventory, you understand the Company shall bill for the oysters prior to any shipment and use the money in the Deposit System to purchase these additional oysters.
4.5 Oyster Storage Conditions
A Customer or Independent Consultant who orders oysters from the Company must store such oysters at an appropriately cool temperature. The Company suggests oyster storage to take place in a temperature between 60 and 65 degrees Fahrenheit and avoid direct sunlight. If Customers and/or Independent Consultants fail to correctly store the oysters, the likelihood of spoliation is high. This spoliation could lead to direct damage to the pearl inside. You understand any spoliation issues to the oysters directly affects the Resaleable Condition (as defined in Section 14) of the inventory, and alleviates the Company from providing any sort of refund pursuant to Section 6.0 below.
5.0 PAYMENT OF COMMISSIONS & BONUSES
5.1 Bonus and Commission Qualifications
A. An Independent Consultant must be active and in compliance with Aphrodite's Oysters Policies to qualify for bonuses and commissions. So long as an Independent Consultant complies with the terms of the Agreement, Aphrodite's Oysters shall pay commissions in accordance with the Compensation Plan.
B. Aphrodite's Oysters will not issue a payment to an Independent Consultant without the receipt of a completed and signed Aphrodite's Oysters Independent Consultant Agreement or Electronic Authorization.
C. Aphrodite's Oysters reserves the right to postpone bonus and commission payments until such time the cumulative amount exceeds $25.
5.2 Computation of Commissions and Discrepancies
A. An Aphrodite's Oysters Independent Consultant must review his, her or its monthly statement and bonus/commission reports promptly and report any discrepancies within thirty (30) days of receipt. After the 30-day “grace period,” no additional requests will be considered for commission recalculations.
B. For additional information on payment of commissions, please review the Compensation Plan.
5.3 Adjustments to Bonuses and Commissions for Returned Products
A. When a product is returned to Aphrodite’s Oysters for a refund or is repurchased by the Company, the bonuses and commissions attributable to the returned or repurchased product(s) will be deducted, in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the Independent Consultants who received commissions and bonuses on the sales of the refunded products.
B. Return of Oysters Upon Termination. Upon termination of an Independent Consultant’s business for any reason, the former Independent Consultant must return all oysters held on consignment to the Company.
6.0 SATISFACTION GUARANTEED AND RETURN OF SALES AIDS
Aphrodite's Oysters offers Customers and Independent Consultants a one hundred percent (100%) seven-day money back guarantee. Upon the confirmation of the delivery of the products, a Customer or Independent Consultant has seven (7) days to evaluate the products for any damage and/or defects. In the event a Customer or Independent Consultant discovers damaged or defective products within seven days of purchase, he or she may contact the Independent Consultant who sold them product(s) and receive a 100% refund and reimbursed for shipping costs for the return of products to the corporate office.
As for Aphrodite’s Oysters jewelry pieces, the Company offers a one (1) year warranty. Should a pearl disconnect from a piece of jewelry, the Company will re-set the pearl back into the piece of jewelry free of charge. In order for a Customer to invoke this one (1) year warranty period, he or she must contact the Corporate Customer Service Department and/or his or her Independent Consultant with the applicable Confirmation Number to the original jewelry purchase. Upon doing so, the disconnected pearl and damaged jewelry piece must be sent back to the Corporate office.
If you are not 100% satisfied with our products, you may return the items for a refund if the following conditions are met: (1) neither you nor We have terminated the Agreement; (2) the products or services were purchased within thirty (30) days; and (3) the products remain in Re-saleable Condition. The refund shall be ninety percent (90%) of the purchase price. Shipping and handling charges incurred will not be refunded.
Upon cancellation of the Agreement, the Independent Consultant may return all generic sales aids purchased within one (1) year from the date of cancellation for a refund if one is unable to sell or use the merchandise. An Independent Consultant may only return sales aids he, she or it personally purchased from the Company under their corresponding Identification Number, and which are in Re-saleable Condition. Any custom orders of printed sales aids (i.e., business cards, brochures, etc.) whereon the Independent Consultant’s contact information is imbedded or hard printed, or has been added by the Independent Consultant, are not able to be returned in Re-saleable Condition and thus nonrefundable. Upon Aphrodite's Oysters’ receipt of the sales aids, the Independent Consultant will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit card, the refund will be credited back to the same credit card account.
For the Oyster Deposit System (explained more fully in Section 4.4), you may request a refund on your deposit money so long as the oyster shipment you most recently received occurred within thirty (30) days from your receipt of the oyster shipment or thirty (30) days from the last account reconciliation. Prior to any refund, the Company must receive the oysters in Re-saleable Condition (as defined in these Policies). Should you return some but not all of the oysters on deposit (e.g., 25 out of a shipment of 30), Aphrodite’s Oysters will provide you with a prorated refund in accordance with the average price per oyster.
6.1 Return Process
A. All returns, whether by a Customer or Independent Consultant, must be made as follows:
I. Obtain Return Merchandise Authorization (“RMA”) from Aphrodite's Oysters;
II. Ship items to the address provided by Aphrodite's Oysters Customer Service Department when you are given your RMA.
III. Provide a copy of the invoice with the returned products or service. Such invoice must reference the RMA and include the reason for the return.
IV. Ship back product in manufacturer’s box exactly as it was delivered.
B. All returns must be shipped to Aphrodite's Oysters pre-paid, as Aphrodite's Oysters does not accept shipping collect packages. Aphrodite's Oysters recommends shipping returned product by UPS or FedEx with tracking and insurance as risk of loss or damage in shipping of the returned product shall be borne solely by the Customer or Independent Consultant. If returned product is not received at Aphrodite's Oysters Distribution Center, it is the responsibility of the Customer or Independent Consultant to trace the shipment and no credit will be applied.
C. The return of $150 or more of products accompanied by a request for a refund within one (1) calendar year, by an Independent Consultant, may constitute grounds for involuntary termination.
7.2 Expectation of Privacy
A. Aphrodite's Oysters recognizes and respects the importance its Customers and Independent Consultants place on the privacy of their financial and personal information. Aphrodite's Oysters will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of its Customers’ and Independent Consultants’ financial and account information and nonpublic personal information.
B. By entering into the Independent Consultant Agreement, an Independent Consultant authorizes Aphrodite's Oysters to disclose his or her name and contact information to upline Independent Consultant solely for activities related to the furtherance of the Aphrodite's Oysters business. An Independent Consultant hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and his, her or its downline organization and conducting the Aphrodite's Oysters business.
7.3 Employee Access to Information
Aphrodite's Oysters limits the number of employees who have access to Customer’ and Independent Consultants’ nonpublic personal information.
7.4 Restrictions on the Disclosure of Account Information
A. Aphrodite's Oysters will not share non-public personal information or financial information about current or former Customers or Independent Consultants with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers’ and/or Independent Consultants’ interests or to enforce its rights or obligations under these Policies, the Agreement, or with written permission from the accountholder on file.
8.0 PROPRIETARY INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary Information
A. By completing and signing the Aphrodite's Oysters Independent Consultant Agreement, you acknowledges that Business Reports, lists of Customer and Independent Consultant names and contact information and any other information, which contain financial, scientific or other information both written or otherwise circulated by the Company and pertaining to the business of Aphrodite's Oysters (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to Aphrodite's Oysters.
8.2 Obligation of Confidentiality
A. During the Term of the Aphrodite's Oysters Independent Consultant Agreement and for a period of five (5) years after the termination or expiration of the Independent Consultant Agreement, the former Independent Consultant shall not:
I. Use the information in the Reports to compete with Aphrodite's Oysters or for any purpose other than promoting his, her or its business;
II. Use or disclose to any person or entity any confidential information contained in the Reports, including the replication of the genealogy in another network marketing company.
8.3 Breach and Remedies
A. The Independent Consultant acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to Aphrodite's Oysters and to independent Aphrodite's Oysters’ businesses. Aphrodite's Oysters and its Independent Consultants will be entitled to injunctive relief or to recover damages against any Independent Consultant who violates this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of attorney’s fees, court costs and expenses.
8.4 Return of Materials
A. Upon demand by Aphrodite's Oysters, any current or former Independent Consultant will return the original and all copies of all “Reports” to Aphrodite's Oysters together with any Aphrodite's Oysters confidential information in such person’s possession.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF APHRODITE'S OYSTERS
9.1 Labeling, Packaging, and Displaying Products
A. The name Aphrodite’s Oysters is a trademark of the Company; therefore, this name is of great value and We only supply it to you for your use in an authorized manner. Use of the Aphrodite’s Oysters name on any item not supplied or produced by the Company is strictly prohibited.
B. An Aphrodite's Oysters Independent Consultant may not re-label, re-package, refill, or alter labels of any Aphrodite's Oysters product, or service, information, materials or program(s) in any way. Aphrodite's Oysters products and services must only be sold in their original containers from the Company. Such re-labeling or re-packaging violates federal and state laws, which may result in criminal or civil penalties or liability.
C. An Aphrodite's Oysters Independent Consultant shall neither sell nor display Aphrodite's Oysters product or service or any Aphrodite's Oysters trade in retail establishments.
D. An Independent Consultant may sell Aphrodite's Oysters products and services and display the Aphrodite's Oysters trade name at any appropriate display booth (such as trade shows) upon prior written approval from Aphrodite's Oysters.
E. The Company believes public events are a great opportunity to receive exposure for your Aphrodite’s Oysters business. Because these opportunities can lead to people who have interest in hosting an in-home party, who purchase product, or who may wish to sign up as an Independent Consultant, Aphrodite’s Oysters allows an Independent Consultant to participate in trade shows, expos, booth events, etc. When you register for such an event, registration must be as an Independent Consultant of Aphrodite’s Oysters, and not mislead people as to think participation is from Corporate. The first Independent Consultant to register for the space with the corresponding event sponsor has the right to participate in the event. Aphrodite’s Oysters only allows one Independent Consultant to participate per event.
9.2 Use of Aphrodite's Oysters and Protected Materials
A. An Aphrodite's Oysters Independent Consultant must safeguard and promote the good reputation of the Company and the products and services it markets. The marketing and promotion of Aphrodite's Oysters, the Company opportunity, the Compensation Plan, and Aphrodite's Oysters products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.
B. All promotional materials supplied or created by the Company must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company Compliance Department.
C. The name of Aphrodite's Oysters, each of its product and service names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of Aphrodite's Oysters. As such, these marks are of great value to Aphrodite's Oysters and are supplied to Independent Consultants for their use only in an expressly authorized manner.
D. An Aphrodite's Oysters Independent Consultant’s use of the name “Aphrodite's Oysters” is restricted to protect Aphrodite's Oysters proprietary rights, ensuring that the Aphrodite's Oysters protected names will not be lost or compromised by unauthorized use. Use of the Aphrodite's Oysters name on any item not produced by Aphrodite's Oysters is prohibited except as follows:
I. [Independent Consultant’s name] Independent Consultant of Aphrodite's Oysters
II. [Independent Consultant’s name] Independent Consultant of Aphrodite's Oysters products and services.
E. Further procedures relating to the use of the Aphrodite's Oysters name are as follows:
I. All stationary (i.e., letterhead, envelopes, and business cards) bearing the Aphrodite's Oysters name or logo intended for use by the Independent Consultant must be approved in writing by the Company Compliance Department.
II. Aphrodite's Oysters Independent Consultants may list “Independent Consultant of Aphrodite’s Oysters” in the white pages of the telephone directory under his or her own name.
III. Aphrodite's Oysters Independent Consultants may not use the name Aphrodite's Oysters or “Aphrodite's Oysters Corporate” in answering his, her or its telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, “Independent Consultant of Aphrodite's Oysters.”
F. Certain photos and graphic images used by Aphrodite's Oysters in its advertising, packaging, and websites are the result of paid contracts with outside vendors that do not extend to Independent Consultants. If an Independent Consultant wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee.
G. An Aphrodite's Oysters Independent Consultant shall not appear on or make use of television or radio, or make use of any other media to promote or discuss Aphrodite's Oysters or its programs, products or services without prior written permission from the Company Compliance Department.
H. An Independent Consultant may not produce for sale or distribution any Company event or speech, nor may an Independent Consultant reproduce Aphrodite's Oysters audio or video clips for sale or for personal use without prior written permission from the Company Compliance Department.
I. Aphrodite's Oysters reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Independent Consultant.
J. An Independent Consultant shall not promote non-Aphrodite's Oysters products or services in conjunction with Aphrodite's Oysters products or services on the same websites or same advertisement without prior approval from the Company Compliance Department.
9.3 Faxes and E-mail Limitations
A. Except as provided in this section, an Independent Consultant may not use or transmit unsolicited faxes, email, mass email distribution, or “spamming” that advertises or promotes the operation of his or her Aphrodite's Oysters business. The exceptions are:
I. Faxes or e-mailing any person who has given prior permission or invitation;
II. Faxing or e-mailing any person with whom the Independent Consultant has established a prior business or personal relationship.
B. In all states where prohibited by law, an Independent Consultant may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer or other device), an unsolicited advertisement to any equipment, which has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as set forth in this section.
C. All faxes, e-mail or computer broadcasted documents subject to this provision shall include each of the following:
I. A clear and obvious identification that the fax or e-mail message is an advertisement or solicitation. The words “advertisement” or “solicitation” should appear in the subject line of the message;
II. A clear return path or routing information;
III. The use of legal and proper domain name;
IV. A clear and obvious notice of the opportunity to decline to receive further commercial facsimile or e-mail messages from the sender;
V. Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;
VI. The true and correct name of the sender, valid senders fax or e-mail address, and a valid sender physical address;
VII. The date and time of the transmission;
VIII. Upon notification by recipient of his or her request not to receive further faxed or e-mailed documents, an Aphrodite's Oysters Independent Consultant shall not transmit any further documents to that recipient.
D. All e-mail or computer broadcasted documents subject to this provision shall not include any of the following:
I. Use of any third-party domain name without permission;
II. Sexually explicit materials.
9.4 Internet and Third-Party Website Restrictions
A. An Independent Consultant may not use or attempt to register any of Aphrodite's Oysters' trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to: Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.
B. An Aphrodite's Oysters Independent Consultant may not sell Aphrodite's Oysters products, services or offer the Company opportunity using “online auctions,” such as eBay®, or use online classifieds (such as Craigslist) to list, sell or retail Company products.
C. All Independent Consultants may have one (1) Aphrodite’s Oysters replicated website. Any Independent Consultant who wishes to develop their own third-party website must receive the Company’s prior written approval before going live with any third-party website. As for the Independent Consultant’s replicated website, this website is only for the promotion of your business and Aphrodite's Oysters’s products and must adhere to Aphrodite's Oysters’s advertising policies.
D. Your Aphrodite’s Oysters replicated website and/or domain must contain content and information that is exclusive to the Company. You may not advertise products or services other than the Aphrodite’s Oysters product line and the Company opportunity. For example, you cannot create an internet jewelry store where brands other than Aphrodite’s Oysters are offered. Because your replicated website resides on the www.aphroditesoysters.com domain, We reserve the right to receive analytics and information regarding the usage of your website. Although Aphrodite’s Oysters brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at an Independent Consultant site, and not an Aphrodite’s Oysters corporate page.
E. When directing readers to Aphrodite’s Oysters replicated site it must be evident from a combination of the link, and the surrounding context, to a reasonable reader that the link will be resolving to the site of an Aphrodite’s Oysters Independent Consultant. Attempts to mislead web traffic into believing they are going to an Aphrodite’s Oysters corporate site, when in fact they land at an Independent Consultant site, will not be allowed. The determination as to what is misleading or what constitutes a reasonable reader will be at the Company’s sole discretion. Blogs, created by you or others, that are developed primarily for other purposes that mention Aphrodite’s Oysters and direct traffic to your web site need to be registered.
F. An Independent Consultant may not use third-party sites that contain materials copied from corporate sources (such as Aphrodite's Oysters brochures, CDs, videos, tapes, events, presentations, and corporate websites). This policy ensures brand consistency, allows Customers and Independent Consultants to stay up-to-date with changing products, services and information, facilitates enrollment under the correct Sponsor, and assists in compliance with government regulations.
G. Social Media sites may not be used to sell or offer to sell Aphrodite's Oysters products or services. However, you may use social networking sites (Facebook, Twitter, LinkedIn, blogs, forums and other social shared interest sites) to share information about the Aphrodite’s Oysters business opportunity and to sell products through LIVE Facebook parties (for more information, see Section M of this policy listed below). Profiles you generate in any social community where You mention or discuss the Company must clearly identify you as an Independent Consultant of Aphrodite’s Oysters, and display your photograph. Further, any social media site that you use for any purpose related to your business must exclusively promote Aphrodite’s Oysters; You may not advertise products or services other than the Aphrodite’s Oysters product line and the Aphrodite’s Oysters business opportunity on such social media sites. When you participate in those communities, you must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, or discriminatory activities. The determination of what is inappropriate is at the Company’s sole discretion, and offending Independent Consultants’ businesses will be subject to termination. Banner ads and images used on these sites must be current and must come from the Aphrodite’s Oysters approved library. If a link is provided, it must link to your Replicated Website or domain.
H. Anonymous postings or use of an alias on any social networking sites is prohibited, and offending Independent Consultants will be subject to disciplinary action.
I. Independent Consultants may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments Independent Consultants create or leave must be useful, unique, relevant and specific to the blog’s article.
J. Independent Consultants must disclose their full name on all social networking postings, and conspicuously identify themselves as an Independent Consultant for Aphrodite's Oysters. Anonymous postings or use of an alias is prohibited.
K. Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the Aphrodite's Oysters income opportunity, Company products and services, and/or your biographical information and credentials.
L. Independent Consultants are personally responsible for their postings and all other online activity that relates to Aphrodite's Oysters. Therefore, even if an Independent Consultant does not own or operate a blog or social networking site, if an Independent Consultant posts to any such site that relates to Aphrodite's Oysters or which can be traced to Aphrodite's Oysters, the Independent Consultant is responsible for the posting. Independent Consultants are also responsible for postings which occur on any blog or social networking site that the Independent Consultant owns, operates, or controls.
M. Facebook LIVE Parties. Adhere to these guidelines when conducting Facebook LIVE parties:
I. As the Independent Consultant, only you can conduct the Facebook LIVE party. Parties conducted by a spouse, child, friend, hostess, etc. are not acceptable.
II. No alcohol or smoking should be visible, and no offensive language should be used. Children under the age of 18 years old should not be visible.
III. ALWAYS open the oyster and show the discovery of the pearl on camera.
By showing the entire process, there will not be any question about the pearl that was discovered.
IV. Under no circumstances should an Independent Consultant intentionally solicit Customers from another Independent Consultant’s LIVE Facebook party. There will be instances where two Independent Consultants have mutual friends. There are instances when the friend suggestions made by Facebook are mutual friends with other Independent Consultants. It is NEVER permissible to intentionally 'friend request' Customers from another Independent Consultant’s friend list or Customer list.
V. It is NEVER acceptable to make negative remarks about another Independent Consultant to Customers. This includes public posts, comments made on a LIVE party or in a private message. It is NEVER acceptable to involve Customers in a dispute with another Independent Consultant privately or publicly.
VI. When You receive parties, ship them immediately to Your customers.
N. When conducting a Facebook Live Party, We recommend using a Facebook Business Page rather than a personal page. To protect the integrity of the Aphrodite’s Oysters business, you must clearly identify yourself as an Independent Consultant. The words “Independent Consultant of Aphrodite’s Oysters” must appear in some way, shape or form in the title of your page.
O. As an Aphrodite's Oysters Independent Consultant, it is important to not converse with any person who places a negative post against you, other Independent Consultants, or Aphrodite's Oysters. Report negative posts to Aphrodite's Oysters to the Company Compliance Department. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as Aphrodite's Oysters, and therefore damages the reputation and goodwill of the Company.
P. The distinction between a social networking site and a website may not be clear-cut, because some social networking sites are particularly robust, Aphrodite's Oysters therefore reserves the sole and exclusive right to classify certain social networking sites as third-party websites and require that Independent Consultants using, or who wish to use, such sites adhere to these Policies.
Q. If your Aphrodite's Oysters business is cancelled for any reason, you must discontinue using the Aphrodite's Oysters name, and all of Aphrodite's Oysters’ trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all social networking sites that you utilize. If you post on any social networking site on which you have previously identified yourself as an Independent Consultant, you must conspicuously disclose that you are no longer an Aphrodite’s Oysters Independent Consultant.
R. Digital Media Submissions (YouTube, iTunes, Photo Bucket, Flickr, etc.). You may upload, submit or publish any Company-related video, audio or photo content that you develop and create as long as it aligns with Aphrodite’s Oysters values, contributes to the greater good of the Aphrodite’s Oysters community, and is in compliance with these Policies. These submissions must clearly identify you as an Independent Consultant of Aphrodite’s Oysters (either in the content itself and/or in the content description tag), must comply with all copyright/legal requirements, and must state that you are solely responsible for this content and not Aphrodite’s Oysters. You may not upload, submit or publish any content (video, audio, presentations or any computer files) received from the Company or captured at official Company events without prior written permission.
S. Failure to comply with these Policies for conducting business online may result in your loss of the right to advertise and market Aphrodite's Oysters products, services and the Company business opportunity online, in addition to any other disciplinary action available under these Policies.
9.5 Advertising and Promotional Materials
A. You may not advertise any Aphrodite's Oysters products or services at a price LESS than the highest company published, established retail price plus shipping, handling and applicable taxes. No special enticement advertising is allowed. This includes, but is not limited to, offers of a free business, free shipping, or other such offers that grant advantages beyond those available through the Company.
B. Advertising and all forms of communications must adhere to principles of honesty and propriety.
C. All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by the Company Compliance Department.
D. All requests for approvals with respect to advertising must be directed in writing to the Company Compliance Department.
E. Aphrodite's Oysters approval is not required to place blind ads that do not mention Aphrodite's Oysters, its employees, any of its products, services, designs, symbols, programs, and trademarked, copyrighted, or otherwise protected materials.
F. Aphrodite's Oysters reserves the right to rescind its prior approval of submitted advertising or promotional materials in order to comply with changing laws and regulations, and may require the removal of such advertisements from the marketplace without obligation to the affected Independent Consultant.
9.6 Testimonial Permission
A. By signing the Aphrodite's Oysters Independent Consultant Agreement, an Independent Consultant gives Aphrodite's Oysters permission to use his or her testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the Aphrodite's Oysters opportunity, an Independent Consultant waives any right to be compensated for the use of his or her testimonial or image and likeness even though Aphrodite's Oysters may be paid for items or sales materials containing such image and likeness. In some cases, an Independent Consultant’s testimonial may appear in another Independent Consultant’s advertising materials. If an Independent Consultant does not wish to participate in Aphrodite's Oysters sales and marketing materials, he or she should provide a written notice to the Company Compliance Department to ensure that his or her testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.
9.7 Telemarketing - Limitations
A. An Aphrodite's Oysters Independent Consultant must not engage in telemarketing in relation to the operation of the Independent Consultant’s Aphrodite's Oysters business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of Aphrodite's Oysters products or services, or to recruit them for the Aphrodite's Oysters opportunity.
B. The Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”) each have laws that restrict telemarketing practices. Both federal agencies, as well as a number of States have “do not call” regulations as part of their telemarketing laws.
C. While an Independent Consultant may not consider himself or herself a “telemarketer” in the traditional sense, these regulations broadly define the term “telemarketer” and “telemarketing” so that the unintentional action of calling someone whose telephone number is listed on the Federal “Do Not Call” registry could cause the Independent Consultant to violate the law. These regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation).
D. “Cold calls” or “state-to-state calls” made to prospective Customers or Independent Consultants that promote either Aphrodite's Oysters products, services or the Aphrodite's Oysters opportunity is considered telemarketing and is prohibited.
E. Exceptions to Telemarketing Regulations
An Aphrodite's Oysters Independent Consultant may place telephone calls to prospective Customers or Independent Consultants under the following limited situations:
I. If the Independent Consultant has an established business relationship with the prospect;
II. In response to the prospect’s personal inquiry or application regarding a product or service offered by the Aphrodite's Oysters Independent Consultant, within three (3) months immediately before the date of such a call;
III. If the Independent Consultant receives written and signed permission from the prospect authorizing the Independent Consultant to call;
IV. If the call is to family members, personal friends, and acquaintances. However, if an Independent Consultant makes a habit of collecting business cards from everyone he/she meets and subsequently calls them, the FTC may consider this a form of telemarketing that is not subject to this exemption;
V. Aphrodite's Oysters Independent Consultants engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.
F. An Independent Consultant shall not use automatic telephone dialing systems in the operation of his or her Aphrodite's Oysters businesses.
G. Failure to abide by Aphrodite's Oysters policies or regulations as set forth by the FTC and FCC regarding telemarketing may lead to sanctions against the Independent Consultant’s business, up to and including termination of the business.
H. By signing the Independent Consultant Agreement, or by accepting commission checks, other payments or awards from Aphrodite's Oysters, an Independent Consultant gives permission to Aphrodite's Oysters and other Independent Consultants to contact them as permitted under the Federal Do Not Call regulations.
I. In the event an Independent Consultant violates this section, Aphrodite's Oysters reserves the right to institute legal proceedings to obtain monetary or equitable relief.
10.0 CHANGES TO AN INDEPENDENT CONSULTANT’S BUSINESS
10.1 Modification of the Independent Consultant’s Agreement
A. An Aphrodite's Oysters Independent Consultant may modify his or her existing Independent Consultant Agreement (i.e., change a social security number to a Federal ID number, add a spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the Independent Consultant) by submitting a written request, accompanied by a new Independent Consultant Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a “crossed out” or “white-out” version of the first Agreement), and any appropriate supporting documentation.
10.2 Change Sponsor or Placement for Active Independent Consultants
A. Aphrodite’s Oysters will not honor requests from Independent Consultants to have other Independent Consultants’ downline transferred to them, nor will We make transfers if there is any concern that proactive solicitation of another Independent Consultants’ downline has occurred. The Company Compliance Department reserves the right to reject transfers in order to maintain a NO POACHING culture and environment. To protect the integrity of all Independent Consultants who work hard to sponsor and mentor others in the business, Aphrodite’s Oysters prohibits the transfer of an Independent Consultant from one Sponsor to another except under extreme circumstances at the sole discretion of the Company.
10.3 Unethical Sponsoring
A. Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition in trying to acquire a prospect or new Independent Consultant from another Independent Consultant or influencing another Independent Consultant to transfer to a different sponsor.
B. Allegations of unethical sponsoring must be reported in writing to the Company Compliance Department within the first 90 days of enrollment. If the reports are substantiated, Aphrodite's Oysters may transfer the Independent Consultant or the Independent Consultant’s downline to another sponsor, without approval from the current up-line Sponsor. Aphrodite's Oysters remains the final authority in such cases.
C. Aphrodite's Oysters prohibits the act of “Stacking.” Stacking is the unauthorized manipulation of the Aphrodite's Oysters compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Independent Consultant in an unearned manner. One example of stacking occurs when a Sponsor places participants under an inactive downline without his or her knowledge in order to trigger unearned qualification for commissioning. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the Independent Consultant businesses of all individuals and/or entities found to be directly involved.
D. Should Independent Consultants engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Aphrodite's Oysters products and services to, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Independent Consultant alleging that they engaged in inappropriate recruiting activity of another company’s sales force or Customers, Aphrodite's Oysters will not pay any of Independent Consultant’s defense costs or legal fees, nor will Aphrodite's Oysters indemnify the Independent Consultant for any judgment, award, or settlement.
10.4 Sell, Assign or Delegate Ownership
A. In order to preserve the integrity of the hierarchical structure, it is necessary for Aphrodite's Oysters to place restrictions on the transfer, assignment, or sale of a business.
B. An Aphrodite's Oysters Independent Consultant may not sell or assign his or her rights or delegate his or her business as an Independent Consultant without prior written approval by Aphrodite's Oysters, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of Aphrodite's Oysters.
C. Should the sale be approved by Aphrodite's Oysters, the Buyer assumes the business of the Seller at the current qualified title, but at the current “paid as” rank, at the time of the sale and acquires the Seller’s Downline.
D. To request corporate authorization for a sale or transfer of an Aphrodite's Oysters business, the following items must be submitted to the Company Compliance Department:
I. A Sale/Transfer of business Form properly completed, with the requisite signatures.
II. A copy of the Sales Agreement signed and dated by both Buyer and Seller.
III. An Aphrodite's Oysters Independent Consultant Agreement completed and signed by the Buyer;
IV. Payment of the $100 administration fee;
V. Any additional supporting documentation requested by Aphrodite's Oysters.
E. Any debt obligations that either Seller or Buyer may have with Aphrodite's Oysters must be satisfied prior to the approval of the sale or transfer by Aphrodite's Oysters.
F. An Aphrodite's Oysters Independent Consultant who sells his or her business is not eligible to re-enroll as an Aphrodite's Oysters Independent Consultant in any organization for six (6) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies.
10.5 Separating an Aphrodite's Oysters Business
A. Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation:
I. One of the parties may, with the written consent of the other(s), operate the Aphrodite's Oysters business whereby the relinquishing spouse, shareholders, partners, members or trustees authorize Aphrodite's Oysters to deal directly and solely with the other spouse, non-relinquishing shareholder, partner, member or trustee;
II. The parties may continue to operate the Aphrodite's Oysters business jointly on a “business as usual” basis, whereupon all compensation paid by Aphrodite's Oysters will be paid in the name designated as the Independent Consultant or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, Aphrodite's Oysters will pay compensation to the name on record and in such event, the Independent Consultant named on the account shall indemnify Aphrodite's Oysters from any claims from the other business owner(s) or the other Spouse with respect to such payment.
B. Aphrodite's Oysters recognizes only one Downline organization and will issue only one commission check per Aphrodite's Oysters business per commission cycle. Under no circumstances will the Downline of an organization be divided, nor will Aphrodite's Oysters split commission and/or bonus checks.
C. If a relinquishing spouse, partner or owner of the business has completely relinquished (“Relinquishing Party”), in writing, all rights to the original Aphrodite's Oysters business he or she may immediately thereafter re-enroll under the Sponsor of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any Independent Consultant or active Customer in the former organization, and must develop a new business in the same manner as any other new Aphrodite's Oysters Independent Consultant. An Independent Consultant in the Relinquishing Party’s former Downline who wishes to transfer to the Relinquishing Party’s new organization or to any other organization, must comply with the requirements in Section 12.5.
A. Upon the death or incapacity of an Independent Consultant, the Independent Consultant’s business may be passed on to his or her legal successors in interest (successor). Whenever an Aphrodite's Oysters business is transferred by will or other testamentary process, the successor acquires the right to collect all bonuses and commissions of the deceased Independent Consultant’s sales organization. The successor must:
I. Complete and sign a new Aphrodite's Oysters Independent Consultant Agreement;
II. Comply with the Terms and provisions of the Independent Consultant Agreement; and
III. Meet all of the qualifications for the last rank achieved by the former Independent Consultant.
B. Bonus and commission checks of an Aphrodite's Oysters business transferred based on this section will be paid in a single check to the successor. The successor must provide Aphrodite's Oysters with an “address of record” to which all bonus and commission Payments will be sent. Payments will be based on the current performance of the business, not the highest rank or volume achieved.
C. If the business is bequeathed to joint devisees (successors), they must form a business entity and acquire a Federal taxpayer identification number. Aphrodite's Oysters will issue all bonus and commission payments and one 1099 Miscellaneous Income Tax form to the managing business entity only.
D. Appropriate legal documentation must be submitted to the Company Compliance Department to ensure the transfer is done properly. To affect a testamentary transfer of an Aphrodite's Oysters business, the successor must provide the following to the Company Compliance Department:
I. A certified copy of the death certificate; and
II. A notarized copy of the will or other appropriate legal documentation establishing the successor’s right to the Aphrodite's Oysters business.
E. To complete a transfer of the Aphrodite's Oysters business because of incapacity, the successor must provide the following to the Company Compliance Department;
I. A notarized copy of an appointment as trustee;
II. A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the Aphrodite's Oysters business; and
III. A completed Independent Consultant Agreement executed by the trustee.
F. If the successor is already an existing Independent Consultant, Aphrodite's Oysters will allow such Independent Consultant to keep his or her own business plus the inherited business active for up to six (6) months. By the end of the 6-month period, the Independent Consultant must have compressed (if applicable), sold or otherwise transferred either the existing business or the inherited business.
G. If the successor wishes to terminate the Aphrodite's Oysters business, he or she must submit a notarized statement stating the desire to terminate the business, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal documentation.
H. Upon written request, Aphrodite's Oysters may grant a one (1) month bereavement waiver and pay out at the last “paid as” rank.
10.7 Resignation/Voluntary Termination
A. An Independent Consultant may immediately terminate his, her or its business by submitting a written notice or email to the Company Compliance Department. The written notice must include the following:
I. The Independent Consultant’s intent to resign;
II. Date of resignation;
III. Aphrodite's Oysters Identification Number;
III. Reason for resigning; and
B. An Aphrodite's Oysters Independent Consultant may not use resignation as a way to immediately change Sponsor. Instead, the Independent Consultant who has voluntarily resigned is not eligible to reapply for a business or have any financial interest in a or any Aphrodite's Oysters business for six (6) months from the receipt of the written notice of resignation.
10.8 Involuntary Termination
A. Aphrodite's Oysters reserves the right to terminate an Independent Consultant’s business for, but not limited to, the following reasons:
I. Violation of any terms or conditions of the Independent Consultant Agreement;
II. Violation of any provision in these Policies;
III. Violation of any provision in the Compensation Plan;
IV. Violation of any applicable law, ordinance, or regulation regarding the Aphrodite's Oysters business;
V. Engaging in unethical business practices or violating standards of fair dealing; or
VI. Returning over $150 worth of products, services and/or sales tools for a refund within a one (1) year period.
B. Aphrodite's Oysters will notify the Independent Consultant in writing by certified mail; return receipt requested or overnight documented mail, at his or her last known address of its intent to terminate the Independent Consultant’s business and the reasons for termination.
C. The Aphrodite's Oysters Independent Consultant who is involuntarily terminated by Aphrodite's Oysters may not reapply for a business, either under his or her present name or any other name or entity, without the express written consent of an officer of Aphrodite's Oysters, following a review by the Company Compliance Committee. In any event, such Independent Consultant may not re-apply for a business for twelve (12) months from the date of termination.
10.9 Effect of Cancellation
A. Following an Independent Consultant’s cancellation for inactivity or voluntary or involuntary termination (collectively, a “cancellation”) such Independent Consultant:
I. Shall have no right, title, claim or interest to any commission or bonus from the sales generated by the Independent Consultant’s former organization or any other payments in association with the Independent Consultant’s former independent business;
II. Effectively waives any and all claims to property rights or any interest in or to the Independent Consultant’s former Downline organization;
III. Shall receive commissions and bonuses only for the last full pay period in which he, she or it was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to Aphrodite's Oysters.
11.0 DISCIPLINARY SANCTIONS
11.1 Imposition of Disciplinary Action - Purpose
A. It is the spirit of Aphrodite's Oysters that integrity and fairness should pervade among its Independent Consultants, thereby providing everyone with an equal opportunity to build a successful business. Therefore, Aphrodite's Oysters reserves the right to impose disciplinary sanctions at any time, when it has determined that an Independent Consultant has violated the Agreement or any of these Policies, or the Compensation Plan as they may be amended from time to time by the Company.
11.2 Consequences and Remedies of Breach
A. Disciplinary actions may include one or more of the following:
I. Monitoring an Independent Consultant’s conduct over a specified period of time to assure compliance;
II. Issuance of a written warning or requiring the Independent Consultant to take immediate corrective action;
III. Imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments (“Commission Hold”) until the matter causing the Commission Hold is resolved or until Aphrodite's Oysters receives adequate additional assurances from the Independent Consultant to ensure future compliance;
IV. Suspension from participation in Company or Independent Consultant events, rewards, or recognition;
V. Suspension of the Aphrodite's Oysters Independent Consultant Agreement and business for one or more pay periods;
VI. Involuntary termination of the Independent Consultant Agreement and business;
VII. Any other measure which Aphrodite's Oysters deems feasible and appropriate to justly resolve injuries caused by the Independent Consultant’s policy violation(s) or contractual breach(es); OR
VIII. Legal proceedings for monetary or equitable relief.
12.0 DISPUTE RESOLUTION
A. If an Aphrodite's Oysters Independent Consultant has a grievance or complaint against another Independent Consultant regarding any practice or conduct relating to their respective Aphrodite's Oysters businesses, he, she or it is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the Company Compliance Department as outlined below in this policy.
B. The Company Compliance Department will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the Independent Consultants involved.
C. Aphrodite's Oysters will confine its involvement to disputes regarding Aphrodite's Oysters business matters only. Aphrodite's Oysters will not decide issues that involve personality conflicts or unprofessional conduct by or between Independent Consultants outside the context of an Aphrodite's Oysters business. These issues go beyond the scope of Aphrodite's Oysters and may not be used to justify a Sponsor change or a transfer to another Aphrodite's Oysters organization.
D. Aphrodite's Oysters does not consider, enforce, or mediate third party agreements between Independent Consultants, nor does it provide names, funding, or advice for obtaining outside legal counsel.
E. Process for Grievances:
I. The Aphrodite's Oysters Independent Consultant should submit a written letter of complaint (e-mail will not be accepted) directly to the Company Compliance Department. The letter shall set forth the details of the incident as follows:
a. The nature of the violation;
b. Specific facts to support the allegations;
d. Number of occurrences;
e. Persons involved; and
f. Supporting documentation.
II. Upon receipt of the written complaint, Aphrodite's Oysters will conduct an investigation according to the following procedures:
a. The Compliance Department will send an acknowledgment of receipt to the complaining Independent Consultant.
b. The Compliance Department will provide a verbal or written notice of the allegation to the Independent Consultant under investigation. If a written notice is sent to the Independent Consultant, he or she will have ten (10) business days from the date of the notification letter to present all information relating to the incident for review by the Company Compliance Department.
c. The Compliance Department will thoroughly investigate the complaint, consider all the submitted information it deems relevant, including information from collateral sources. Due to the unique nature of each situation, determinations of the appropriate remedy will be on a case by case basis, and the length of time to reach a resolution will vary.
d. During the course of the investigation, the Compliance Department will only provide periodic updates simply stating that the investigation is ongoing. No other information will be released during this time. Independent Consultant calls, letters, and requests for “progress reports” during the course of the investigation will not be answered or returned.
F. Aphrodite's Oysters will make a final decision and timely notify the Aphrodite's Oysters Independent Consultants involved.
A. Any controversy or claim arising out of or relating to the Aphrodite's Oysters Independent Consultant Agreement, these Policies, or the breach thereof, the Independent Consultant’s business or any dispute between Aphrodite's Oysters and the Independent Consultant, shall be settled by binding and 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. Any such arbitration shall be held in Townsend, Delaware. There shall be one arbitrator, who shall have expertise in business law transactions and who shall be knowledgeable in the direct selling industry, selected from a panel provided by the American Arbitration Association.
B. The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction.
C. This agreement to arbitration shall survive any termination or expiration of the Independent Consultant Agreement.
D. Nothing in these Policies shall prevent Aphrodite's Oysters from applying for or 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 Aphrodite's Oysters interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
E. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
F. These Policies and any arbitration involving an Independent Consultant and Aphrodite's Oysters shall be governed by and construed in accordance with the laws of the state of Delaware, without reference to its principles of conflict of laws.
If any provision of these Policies is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies.
A. Only an officer of Aphrodite's Oysters can, in writing, affect a waiver of the Aphrodite's Oysters Policies and Procedures. Aphrodite's Oysters's waiver of any particular breach by an Independent Consultant shall not affect Aphrodite's Oysters’s rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Independent Consultant.
B. The existence of any claim or cause of action of an Independent Consultant against Aphrodite's Oysters shall not constitute a defense to Aphrodite's Oysters's enforcement of any term or provision of these Policies.
12.5 Successors and Claims
The agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
13.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of Delaware and the exclusive jurisdiction of the United States courts.
14.0 APHRODITE'S OYSTERS GLOSSARY OF TERMS
ACTIVE INDEPENDENT CONSULTANT: An Independent Consultant who satisfies the minimum volume requirements, as set forth in the Compensation Plan, to ensure that they are eligible to receive bonuses and commissions.
AGREEMENT: The contract between the Company and each Independent Consultant includes the following: Independent Consultant Agreement, the Aphrodite's Oysters Policies and Procedures, and the Aphrodite's Oysters Compensation Plan, all in their current form and as amended by Aphrodite's Oysters in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of an Independent Consultant’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Independent Consultants can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Aphrodite's Oysters products and does not engage in building a business or retailing product.
INDEPENDENT CONSULTANT: An individual, who purchases product, generates retail sales and business building commissions.
LINE OF SPONSORSHIP (LOS): A report generated by Aphrodite's Oysters that provides critical data relating to the identities of Independent Consultants, sales information, and enrollment activity of each Independent Consultant’s organization. This report contains confidential and trade secret information which is proprietary to Aphrodite's Oysters.
ORGANIZATION: The Customers and Independent Consultants placed below a particular Independent Consultant.
OFFICIAL COMPANY MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Aphrodite's Oysters to Independent Consultants.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Aphrodite's Oysters’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 Aphrodite's Oysters Independent Consultant or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
RE-SALEABLE CONDITION: Products shall be deemed in “re-saleable condition” if each of the following elements is satisfied: (1) they are unopened, sealed, and undamaged (2) original packaging and labelling has not been altered or damaged, (3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price, and (4) the product contains current Aphrodite's Oysters labelling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be re-saleable.
SPONSOR: An Independent Consultant who enrolls a Customer or another Independent Consultant into the Company, and is listed as the Sponsor on the Independent Consultant Agreement. The act of enrolling others and training them to become Independent Consultants is called “sponsoring.”
UPLINE: This term refers to the Independent Consultant or Independent Consultants above a particular Independent Consultant in a sponsorship line up to the Company. It is the line of sponsors that links any particular Independent Consultant to the Company.