POLICIES AND PROCEDURES v1.0
1.1 Mutual Commitment Statement
XIXI Now, LLC (hereafter as “XIXI Now” and the “Company”) recognizes that in order to develop a long-term and mutually rewarding relationship with its business owners (“Partner(s)”) and Customers, XIXI Now and these Partners must acknowledge and respect the true nature of the relationship between them and pledge their support to the Customers they serve.
- In the spirit of mutual respect and understanding, XIXI Now is committed to:
- Provide prompt, professional and courteous service and communications to all of its Customers and Partners;
- Provide the highest level of quality products, at fair and reasonable prices;
III. Exchange or refund the purchase price of any product, service or membership as provided in our Return Policy:
- Deliver orders promptly and accurately;
- Pay commissions accurately and on a timely basis;
- Expedite orders or checks if an error or unreasonable delay occurs;
VII. Roll out new products and programs with Partner input and planning;
VIII. Implement changes in the Compensation Plan or Policies and Procedures that affect its business owners with input from Partners;
- Support, protect and defend the integrity of the XIXI Now
- Offer Partners an opportunity to grow with XIXI Now with such growth guided by the principles of Servant Leadership.
- In return, XIXI Now expects that its Partners will:
- Conduct themselves in a professional, honest, and considerate manner;
- Present XIXI NowCorporate and product information in an accurate and professional manner;
III. Present the Compensation Plan and Return Policy in a complete and accurate manner;
- Not make exaggerated income claims;
- Make reasonable effort(s) to support and train Partners and Customers in their downline;
- Not engage in cross-line recruiting, unhealthy competition or unethical business practices;
VII. Provide positive guidance and training to Partners and Customers in their downline while exercising caution to avoid interference with other downlines. As such, a Partner is discouraged from providing cross-line training to a Partner or Customer in a different organization without first obtaining consent of the Partner’s or Customer’s upline leader;
VIII. Support, protect, and defend the integrity of the XIXI Now Business
- IX. Accurately complete and submit the Partner Agreement and any requested supporting documentation in a timely manner.
1.2 XIXI NowPolicies and Compensation Plan Incorporated into the
- Throughout these Policies, when the term “Agreement” is used, it collectively refers to the XIXI NowAgreement, these Policies and Procedures, and the XIXI NowCompensation Plan.
- It is the responsibility of the Sponsoring Partner to provide the most current version of these Policies and Procedures (available on the XIXI Nowwebsite) and the XIXI Now Compensation Plan to each applicant prior to his, her and/or its execution of a PartnerAgreement.
1.3Purpose of Policies
- XIXI Now is a direct sales company that markets products and services through a network of business owners. To clearly define the relationship that exists between Partners and the Company, and to explicitly set a standard for acceptable business conduct, XIXI Now has established these Policies and Procedures.
- XIXI NowPartners are required to comply with: (i) all of the Terms and Conditions set forth in the Partner Agreement, which XIXI Now may amend from time to time in its sole discretion; (ii) all federal, state, and/or local laws governing his, her and/or its XIXI Now business; and (iii) these Policies and Procedures.
- XIXI NowPartners must review the information in these Policies and Procedures carefully. Should a Partner have any questions regarding a policy or rule, the Partner is encouraged to seek an answer from their Sponsor or any other upline Partner. If further clarification is needed the Partner may contact XIXI NowCustomer Service.
1.4 Changes, Amendments, and Modifications
- Because federal, state, and local laws, as well as the business environment, periodically change, XIXI Now reserves the right to amend the Agreement and the prices in its XIXI Now Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official XIXI NowMaterials. This provision does NOT apply to the arbitration clause found in Section 12, which can only be modified via mutual consent.
- Any such amendment, change, or modification shall be effective immediately upon notice by one of the following methods:
- Posting on the official XIXI Nowwebsite;
- Electronic mail (e-mail); or
III. In writing through the XIXI Now newsletters or other XIXI Now communication channels.
XIXI Now shall not be responsible for delays or failures in performance of its obligations when such failure is due to circumstances beyond its 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 and Procedures shall become effective as of July 10, 2017 (“Effective Date”) and, at such time, shall automatically supersede any prior Policies and Procedures (the “old Policies and Procedures”), and, on this Effective Date, the old Policies and Procedures shall cease to have any force or effect.
2.1 Becoming A XIXI Now Partner
- To become a Partner, an applicant must comply with the following requirements:
- Be of the age of majority (not a minor) in his, her or its state of residence;
- Reside or have a valid address in the United States, or a U.S. Territory;
III. Have a valid taxpayer identification number (i.e. Social Security Number, Federal Tax ID Number, ITIN, etc.);
- Submit a properly completed and signed Partner Agreement to XIXI Now;
- Not be a XIXI Now employee, the spouse of a XIXI Now employee or related to an employee of XIXI Now and living in the same household as such XIXI Now employee.
2.2 New Partner Registration
- A potential new Partner may self-enroll on the Sponsor’s website. In such event, instead of a physically signed PartnerAgreement, XIXI Now will accept the web-enrollment and PartnerAgreement by accepting the “electronic signature” stating the new Partner has accepted the terms and conditions of such PartnerAgreement. Please note that such electronic signature constitutes a legally binding agreement between the Partner and XIXI Now.
- B. XIXI Now reserves the right to require signed paperwork for any account, regardless of origin.
- C. If requested the signed Partner Agreement must be received by XIXI Now within fourteen (14) days of enrollment.
- D. Signed documents, including, but not limited to, Partner personal agreements, are legally binding contracts which must not be altered, tampered with or changed in any manner after they have been signed. 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 the Partner’s business.
2.3 Rights Granted
- XIXI Now hereby grants to the Partner a non-exclusive right, based upon the terms and conditions contained in the PartnerAgreement and these Policies and Procedures, to:
- Purchase XIXI Now products and services;
- Promote and sell XIXI Now products and services; and
III. Sponsor new Customers and Partners in the United States and in countries where XIXI Now may become established after the effective date of these Policies and Procedures
2.4 Identification Numbers
- Each Partner is required to provide his, her or its Social Security Number, or Federal Tax Identification Number, if located in the United States or any of its territories, to XIXI Now on the PartnerAgreement. XIXI Now reserves the right to withhold commission payments from any Partner who fails to provide such information or who provides false information.
- Upon enrollment, XIXI Nowwill provide a XIXI Now Identification Number to the Partner. This number will be used to place orders, structure organizations, and track commissions and bonuses.
2.5 Renewals and Expiration of the Partner Agreement
- If the Partner allows his, her or its Partner Agreement to expire due to nonpayment, the Partner will lose any and all rights to his, her or its downline organization unless the Partner re-activates within sixty (60) days following the expiration of the Agreement.
B.If the former Partner re-activates within the 60-day time limit, the Partner will resume the rank and position held immediately prior to the expiration of the Partner Agreement. However, such Partner’s paid as level will not be restored unless he, she and/or an entity qualifies at that payout level in the new month. The Partner is not eligible to receive commissions for the time period that the Partner’s business was expired.
- Any Partner who was terminated or whose Agreement has expired and lapsed the 60-day grace period is not eligible to re-apply for a XIXI Now business for twelve (12) months following the expiration of the PartnerAgreement.
- D. The downline of the expired Partner will roll up to the immediate, active upline S
2.6 Business Entities
- A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity”) may apply to be a XIXI NowPartner. This Partner business and position will remain temporary until the proper documents are submitted. The Business Entity must submit one of the following documents: Certificate of Incorporation, Articles of Organization, Partnership Agreement or appropriate Trust documents XIXI Now must receive these documents within fourteen (14) days from the date the Partner Agreement was signed.
- A XIXI Now Partner may change their status under the same Sponsor from an individual to a partnership, LLC, corporation, trust or from one type of business entity to another.
2.7Independent Business Relationship; Indemnification for Actions
- The XIXI NowPartner is an independent contractor, and not a purchaser of a franchise or opportunity. Therefore, each Partner’s success depends on his, her or its independent efforts.
- The Agreement between XIXI Now and its Partners does not create an employer/employee relationship, agency, partnership, or joint venture between XIXI Now and the Partner.
- A XIXI NowPartner shall not be treated as an employee of XIXI Now for any purposes, including, without limitation, for federal or state tax purposes. All Partners are responsible for paying local, state, and federal taxes due from all compensation earned as a Partner of XIXI Now. Any other compensation received by Partners from XIXI Now will be governed by applicable U.S. tax laws (or the tax laws of any other applicable jurisdiction). The Partner has no express or implied authority to bind XIXI Now to any obligation or to make any commitments by or on behalf of XIXI Now.Each Partner, 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 PartnerAgreement, these Policies and Procedures and applicable state and federal laws.
- The XIXI NowPartner is fully responsible for all of his, her or its verbal and written communications made regarding XIXI Now products, services, and the Compensation Plan that are not expressly contained within official XIXI Now materials. Partners shall indemnify and hold harmless XIXI Now, 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 XIXI Now as a result of the Partner’s unauthorized representations or actions. This Provision shall survive the termination of the XIXI NowPartnerAgreement.
- Business Pursuits Coverage. XIXI Now encourages Partners 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. XIXI NowPartners 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.
2.9Errors or Questions
A.If a Partner has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, the Partner must notify XIXI Now 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 Partner.
3.0XIXI NOW’S PARTNER RESPONSIBILITIES
3.1 Correct Addresses
- It is the responsibility of a Customer and/or Partner to make sure XIXI Now has the correct shipping address before any orders are shipped.
- B. A Partner or Customer will need to allow up to thirty (30) days for processing after the notice of address change has been received by XIXI Now.
- C. A Partner or Customer may be assessed a $20 fee for returned shipments due to an incorrect shipping address.
3.2 Training and Leadership
- Any XIXI NowPartner who Sponsors another Partner into XIXI Now must perform an authentic assistance and training function to ensure his, her or its downline is properly operating his, her or itsXIXI Now business. Sponsoring Partners should have ongoing contact and communication with the Partners 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 Partners to XIXI Now meetings, training sessions and any other related functions.
- A Sponsoring XIXI NowPartner should monitor the Partners in his, her or its downline organizations to ensure that downline Partners do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, such Partner should be able to provide documented evidence to XIXI Now of his, her or its ongoing fulfillment of the responsibilities of a Sponsor.
- Upline Partners are encouraged to motivate and train new Partners about XIXI Now’s products and services, effective sales techniques, the XIXI NowCompensation Plan and compliance with company Policies and Procedures.
- D. Marketing product is a required activity in XIXI Now and must be emphasized in all recruiting presentations.
- F. We emphasize and encourage all Partners to sell XIXI Now’s products and services to Customers.
G.Use of Sales Aids. To promote both the products and the opportunity XIXI Now offers, Partners must use the sales aids and support materials produced by XIXI Now. If XIXI Now Partners develop their own sales aids and promotional materials, which includes Internet advertising, notwithstanding Partners’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the XIXI Now business. These violations, although they may be relatively few in number, could jeopardize the XIXI Now opportunity for all Partners. Accordingly, Partners 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 Partner receives specific written approval to use the material, the request shall be deemed denied. All Partners shall safeguard and promote the good reputation of XIXI Now and its products. The marketing and promotion of XIXI Now, the XIXI Now opportunity, the Compensation Plan, and XIXI Now 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
- XIXI Now desires to provide its independent Partners with the best products and services and Compensation Plan in the industry. Accordingly, XIXI Now values constructive criticism and encourages the submission of written comments addressed to Company Compliance Department.
- Negative and disparaging comments about XIXI Now, its products or Compensation Plan, by Partners made to XIXI Now, in the Field or at XIXI Now meetings or events, or disruptive behavior at XIXI Now meetings or events, serve no purpose other than to dampen the enthusiasm of other XIXI Now Partners.XIXI Now Partners must not belittle XIXI Now, other XIXI Now Partners, XIXI Now products or services, the Compensation Plan, or XIXI Now directors, officers, or employees, product suppliers or agents.Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by XIXI Now.
- XIXI Now endorses the following code of ethics:
- A XIXI NowPartner must show fairness, tolerance, and respect to all people associated with XIXI Now, regardless of race, gender, social class or religion, thereby fostering a “positive atmosphere” of teamwork, good morale and community spirit.
- A Partner shall strive to resolve business issues, including situations with upline and downline Partners, by emphasizing tact, sensitivity, good will and taking care not to create additional problems.
III. XIXI Now Partners must be honest, responsible, professional and conduct themselves with integrity.
- XIXI NowPartners shall not make disparaging statements about XIXI Now, other Partners, XIXI Now 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.
- XIXI Now may take appropriate action against a Partner if it determines, in its sole discretion, that a Partner’s conduct is detrimental, disruptive, or injurious to XIXI Now or to other Partners.
3.4 Reporting Policy Violation
- A Partner who observes a policy violation by another Partner should submit a written and signed letter (e-mail will not be accepted) of the violation directly to the XIXI Now Corporate office. The letter shall set forth the details of the incident as follows:
- The nature of the violation;
- Specific facts to support the allegations;
- Number of occurrences;
- Persons involved; and
- Supporting documentation
- Once the matter has been presented to XIXI Now, it will be researched thoroughly by the Compliance Department and appropriate action will be taken if required.
- This section refers to the general reporting of Policy violations as observed by other Partners for the mutual effort to support, protect, and defend the integrity of the XIXI Now business and opportunity. If a Partner has a grievance or complaint against another Partner which directly relates to his, her or itsXIXI Now business, the Procedures set forth in these Policies must be followed.
- The Sponsor is the person who introduces a Partner or Customer to XIXI Now, helps them complete their enrollment, and supports and trains those in their downline.
- XIXI Now recognizes the Sponsor as the name(s) shown on the first:
- Physically signed XIXI NowPartnerAgreement on file; or
- Electronically signed PartnerAgreement from a website or a XIXI NowPartners website.
- A PartnerAgreement 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 XIXI Now.
- XIXI Now recognizes that each new prospect has the right to ultimately choose his, her or its own Sponsor, but XIXI Nowwill not allow Partners to engage in unethical sponsoring activities.
- All active Partners in good standing have the right to Sponsor and enroll others into XIXI Now. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Partner will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Partner who presented a comprehensive introduction to XIXI Now products or opportunity.
- A Protected Prospect is a guest of any XIXI Now Partner or Customer who attended a XIXI Now event or conference call. For 60 days following the event, a Protected Prospect cannot be solicited or sponsored by any other XIXI Now Partner who attended the same event. A XIXI Now event can be defined as the following:
- Any XIXI Now training session;
- Conference call;
III. Fly-in meeting; or
- Presentation, including but not limited to a XIXI Now at home presentation, whether sponsored by XIXI Now, a Partner, a Customer, or an agent or agency designated by XIXI Now.
3.6 Cross Sponsoring Prohibition
- “Cross sponsoring” is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity, that already has a signed Partner Agreement. Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified by XIXI Now, sanctions up to and including termination of a Partner’s business may be imposed.
- 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.
- This Policy does not prohibit the transfer of a XIXI Now business in accordance with XIXI Now Sale or Transfer Policy set forth in these Policies.
3.7 Adherence to the XIXI Now Compensation Plan
- A Partner must adhere to the Terms of the XIXI Now Compensation Plan as set forth in these Policies and Procedures as well as in official XIXI Now literature. Deviation from the Compensation Plan is prohibited.
- A Partner shall not offer the XIXI Now opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in officialXIXI Nowliterature.
- A Partner shall not require or encourage a current or prospective Customer or Partner to participate in XIXI Now in any manner that varies from the Compensation Plan as set forth in official XIXI Nowliterature.
- A Partner shall not require or encourage a current or prospective Customer or Partner to make a purchase from or payment to any individual or other entity as a condition to participating in the XIXI Now Compensation Plan, other than such purchases or payments required to naturally build their business.
3.8 Adherence to Laws and Ordinances
- Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Partners because of the nature of the business.
However, Partners must check their local laws and obey the laws that do apply to them.
B.A XIXI Now Partner shall comply with all Federal, State, Provincial and local laws and regulations in their conduct of his, her or its XIXI Now business.
3.9 Compliance with Applicable Income Tax Laws
- XIXI Now will automatically provide a complete 1099 Miscellaneous Income Tax form (nonemployee compensation) to each US Partner whose earnings for the year is at least $600 or who has purchased more than $5,000 of XIXI Now 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 Partner, and a minimum charge of $20 may be assessed by XIXI Now. Canadian T-4’s will be sent to Partners who earn more than $500 or who received trips, prizes, or awards valued at $500 or more. XIXI NowPartners are responsible for the payment of taxes on these trips, prizes, or awards provided to them by XIXI Now.
- A Partner accepts sole responsibility for and agrees to pay all Federal, State, Provincial and local taxes on any income generated as an independent Partner, and further agrees to indemnify XIXI Now from any failure to pay such tax amounts when due.
- If a Partner’s business is tax exempt, the Federal Tax Identification number must be provided to XIXI Now in writing.
- XIXI Now encourages all Partners to consult with a tax advisor for additional information for their business.
3.10One XIXI Now Business Per Partner
A.A Partner may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1)XIXI Now business. No individual may have, operate or receive compensation from more than one XIXI Now businesses. Individuals of the same family unit may each enter into or have an interest in their own separate XIXI Now businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.
3.11Actions of Household Members or Affiliated Parties
If any member of a Partner’s immediate household engages in any activity which, if performed by the Partner, would violate any provision of the Agreement, such activity will be deemed a violation by the Partner and XIXI Now may take disciplinary action pursuant to these Policies and Procedures against the Partner. 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 XIXI Now may take disciplinary action against the Business Entity. Likewise, if a Partner enrolls in XIXI Now 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.
3.12Solicitation for Other Companies or Products
- A XIXI NowPartner 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, a XIXI NowPartner may not recruit any XIXI NowPartner or Customer for any other direct sales or network marketing business, unless that Partner or Customer was personally sponsored by such Partner.
- 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 Partner or Customer to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Partner’s actions are in response to an inquiry made by another Partner or Customer.
- During the term of this Agreement and for a period of six (6) months thereafter, any XIXI NowPartner must not sell, or entice others to sell, any competing products or services, including training materials, to XIXI NowCustomers or Partners. Any product or service in the same category as a XIXI Now 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, a Partner may sell non-competing products or services to XIXI NowCustomers and Partners that they personally sponsored.
- A Partner may not display or bundle XIXI Now 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 Partner into believing there is a relationship between the XIXI Now and non-XIXI Now products and services.
- A XIXI NowPartner may not offer any non-XIXI Now opportunity, products or services at any XIXI Now related meeting, seminar or convention, or immediately following a XIXI Now event.
- G. A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between XIXI Now and its Partners and would inflict irreparable harm on XIXI Now. In such event, XIXI Now may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Partner or such Partner’s business including termination, or seek immediate injunctive relief without the necessity of posting a bond.
3.13Presentation of the XIXI Now Opportunity
- In presenting the XIXI Now opportunity to potential Customers and Partners, a Partner is required to comply with the following provisions:
- A Partner shall not misquote or omit any significant material fact about the Compensation Plan.
- A Partner shall make it clear that the Compensation Plan is based upon sales of XIXI Now products and services and upon the sponsoring of other Partners.
III. A Partner shall make it clear that success can be achieved only through substantial independent efforts.
- A XIXI NowPartner shall not make unauthorized income projections, claims, or guarantees while presenting or discussing the XIXI Now opportunity or Compensation Plan to prospective Partners or Customers.
- A Partner may not make any claims regarding products or services of any products offered by XIXI Now, except those contained in official XIXI Now literature.
- A Partner may not use official XIXI Now material to promote the XIXI Nowopportunity in any country where XIXI Now has not established a “presence.”
VII.In an effort to conduct best business practices, XIXI Now has developed the Income Disclosure Statement (“IDS”).The XIXI Now IDS is designed to convey truthful, timely, and comprehensive information regarding the income that XIXI Now Partners earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Partners.
A copy of the IDS must be presented to a prospective Partner 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”) includes: (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 Partner earned over a million dollars last year” or “Our average ranking Partner makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Partners is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”
3.14Sales Requirements are Governed by the Compensation Plan
- A. XIXI Now Partners may purchase XIXI Now products and only re-sell them at the price specified by the Company. XIXI Now will provide suggested selling prices. There are no exclusive territories granted to anyone. No franchise fees are applicable to a XIXI Now
B.The XIXI Now program is built on sales to the ultimate consumer. The Company encourages its Partners 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. Partners must never attempt to influence any other Partner to buy more products than they can reasonably use or sell to retail Customers in a month.
4.1 General Order Policies
- “Bonus Buying” is strictly and absolutely prohibited. Bonus Buying includes: (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 a Partner or Customer; (3) the enrollment or attempted enrollment of non-existent individuals or Business Entities as Partners or Customers (“phantoms”); (4) purchasing XIXI Now products or services on behalf of another Partner or Customer, or under another Partner’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.
A Partner shall not use another Partner’s or Customer’s credit card or debit checking account to enroll in XIXI Now or purchase products or services without the account holder’s written permission. Such documentation must be kept by the Partner indefinitely in case XIXI Now needs to reference this.
- Regarding an order with an invalid or incorrect payment, XIXI Now will attempt to contact the Partner 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 a Partner wants to move an order to another Partner’s position, he, she or it must have prior authorization, of all parties involved. XIXI Now will charge the Partner a $20 fee for processing.
- D. Prices are subject to change without notice.
- E. A Partner or Customer who is a recipient of a damaged or incorrect order must notify XIXI Now within thirty (30) calendar days from receipt of the order and follow the Procedures as set forth in these Policies.
4.2 Insufficient Funds
- All checks returned for insufficient funds will be re-submitted for payment. A $35 fee will be charged to the account of the Partner or Customer for all returned checks and insufficient funds.
- Any outstanding balance owed to XIXI Now by a Partner or Customer of the Partner from NSF (non-sufficient funds) checks, returned check fees or insufficient fund fees (ACH) will be withheld by the Company from a Partner’s future bonus and commission checks.
- All transactions involving returned checks or insufficient funds through ACH or credit card, which are not resolved in a timely manner by the Partner, constitute grounds for disciplinary sanctions.
D.If a credit card order or automatic debit is declined the first time, the Customer or Partner will be contacted for an alternate form of payment. If payment is declined a second time, the Customer or Partner may be deemed ineligible to purchase XIXI Now products or services or participate in the monthly auto ship.
4.3 Sales Tax Obligation
- The Partner shall comply with all state and local taxes and regulations governing the sale of XIXI Now products and services.
- XIXI Now will collect and remit sales tax on Partner orders unless a Partner furnishes XIXI Now with the appropriate Resale Tax Certificate form. When orders are placed with XIXI Now, sales tax is prepaid based upon the suggested retail price. XIXI Now will remit the sales tax to the appropriate state and local jurisdictions. The Partner may recover the sales tax when he, she or it makes a sale. XIXI NowPartners are responsible for any additional sales taxes due on products marked up and sold at a higher price.
- XIXI Now encourages each Partner to consult with a tax advisor for additional information for his, her or its business.
5.0PAYMENT OF COMMISSIONS & BONUSES
5.1 Bonus and Commission Qualifications
- A Partner must be active and in compliance with the Company Policies and Procedures to qualify for bonuses and commissions. So long as a Partner complies with the terms of the Agreement, XIXI Now shall pay commissions to such Partner in accordance with the Compensation Plan.
- XIXI Now will not issue a payment to a Partner without the receipt of a completed and signed XIXI NowPartner Agreement or Electronic Authorization.
- XIXI Now reserves the right to postpone bonus and commission payments until such time the cumulative amount exceeds $25.
5.2 Computation of Commissions and Discrepancies
- In accordance with the Company Compensation Plan,commissions, bonuses, overrides, and achievement levels are calculated each month. For more information, please see the XIXI Now Compensation Plan.
B.A XIXI Now Partner must review his, her or its monthly statement and bonus/commission reports promptly and report any discrepancies within thirty (30) days of receipt. At the conclusion of this 30-day “grace period,” no additional requests will be considered for commission recalculations.
- For additional information on payment of commissions, please review the Compensation Plan.
5.3 Adjustments to Bonuses and Commissions for Returned Products or Partner Memberships.
- A Partner receives bonuses and commissions based on the actual sales of products and services to end consumers and to Partners through product and service purchases. When a product or service is returned to XIXI Now for a refund from the end consumer or by a Partner, the bonuses and commissions attributable to the returned product or service will be deducted from the Partner who received bonuses or commissions on such sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.
- In the event that a Partner terminates his, her or itsbusiness, and the amounts of the bonuses or commissions attributable to the returned products or services have not yet been fully recovered by XIXI Now, the remainder of the outstanding balance may be offset against any other amounts that may be owed by XIXI Now to the terminated Partner.
6.0SATISFACTION GUARANTEED AND RETURN OF SALES AIDS
XIXI Now offers a one hundred percent (100%) thirty-day money back guarantee for all Customers and Partners. If a Customer and/or Partner purchased a product or service and is not satisfied with the product or service, he, she or it may request a refund from the Company or the Partner the product was purchased from.
Upon cancellation of the Agreement, the Partner may return all product and/or generic sales aids purchased within one (1) year from the date of cancellation for a refund if he, she or it is unable to sell or use this inventory or merchandise. A Partner may only return sales aids he, she or its personally purchased from the Company under his, her or its Partner Identification Number, and which are in Resalable Condition. Any custom orders of printed sales aids (i.e., business cards, brochures, etc.) whereon the Partner’s contact information is imbedded or hard printed, or has been added by the Partner, are not able to be returned in Resalable Condition and thus cannot be refunded. Upon XIXI Now’s receipt of the products and sales aids, the Partner 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. The Company shall deduct from the reimbursement paid to the Partner any commissions, bonuses, rebates or other incentives received by the Partner which were associated with the merchandise that is returned.
- All returns, whether by a Customer or Partner, must be made as follows:
- Obtain Return Merchandise Authorization (“RMA”) from XIXI Now;
- Ship items to the address provided by XIXI Now Customer service 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.
- Ship back product in manufacturer’s box exactly as it was delivered.
- All returns must be shipped to XIXI Now pre-paid, as XIXI Now does not accept shipping collect packages. XIXI Now 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 Partner. If returned product is not received at XIXI NowDistribution Center, it is the responsibility of the Customer or Partner to trace the shipment and no credit will be applied.
- A Partner’s return of $500 or more of products accompanied by a request for a refund within one (1) calendar yearmay constitute grounds for involuntary termination.
7.2 Expectation of Privacy
- XIXI Now recognizes and respects the importance its Customers and Partners place on the privacy of their financial and personal information. XIXI Now will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of its Customers’ and Partners’ financial and account information and nonpublic personal information.
- By entering into the PartnerAgreement, a Partner authorizes XIXI Now to disclose his, her or its name and contact information to uplinePartners solely for activities related to the furtherance of the XIXI Now business. A Partner hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and servicing his, her or its downline organization and conducting the XIXI Now business.
7.3 Employee Access to Information
XIXI Now limits the number of employees who have access to Customer’s and Partners’ nonpublic personal information.
7.4Restrictions on the Disclosure of Account Information
A.XIXI Now will not share non-public personal information or financial information about current or former Customers or Partners with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers’ or Partners’ interests or to enforce its rights or obligations under these Policies and Procedures, or Partner’s Agreement or with written permission from the accountholder on file.
8.0PROPRIETARY INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary Information
A.By completing and signing the XIXI Now Partner Agreement, the Partner acknowledges that Business Reports, lists of Customer and Partner names and contact information and any other information, which contain financial, scientific or other information both written or otherwise circulated by XIXI Now pertaining to the business of XIXI Now (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to XIXI Now.
8.2 Obligation of Confidentiality
- During the Term of the XIXI NowPartner Agreement and for a period of five (5) years after the termination or expiration of the Partner Agreement between the Partner and XIXI Now, the Partner shall not:
- Use the information in the Reports to compete with XIXI Now or for any purpose other than promoting his, her or itsXIXI Now business;
- 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 Partner 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 XIXI Now and to independent XIXI Now businesses. XIXI Now and its Partners will be entitled to injunctive relief or to recover damages against any Partner 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 XIXI Now, any current or former Partner will return the original and all copies of all “Reports” to XIXI Now together with any XIXI Now confidential information in such person’s possession.
9.0ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES
9.1 Labeling, Packaging, and Displaying Products
- A XIXI NowPartner may not re-label, re-package, refill, or alter labels of any XIXI Now product, or service, information, materials or program(s) in any way.XIXI Now products and services must only be sold in their original containers from XIXI Now. Such re-labeling or re-packaging violates federal and state laws, which may result in criminal or civil penalties or liability.
- A XIXI NowPartner shall not cause any XIXI Now product or service or any XIXI Now trade name to be sold or displayed in retail establishments except:
- 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);
- Where the retail establishment is owned or managed by the Partner and the store does not exceed $1 million in annual gross revenue, and there are five (5) or fewer stores under common ownership of management.
- XIXI Now will permit Partners to solicit and make Commercial Sales only upon prior written approval from the Company. For the purpose of these Policies and Procedures, the term “Commercial Sale” means the sale of:
- XIXI Now products that equal or exceed $5,000 in a single order;
- Products sold to a third-party who intends to resell the products to an end consumer.
- A Partner may sell XIXI Now products and services and display the XIXI Now trade name at any appropriate display booth (such as trade shows) only upon prior written approval from XIXI Now.
E.XIXI Now reserves the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its products and services, or the XIXI Now opportunity.
9.2 Use of XIXI Now and Protected Materials
- A XIXI NowPartner must safeguard and promote the good reputation of the Company and the products and services it markets.The marketing and promotion of the Company, the XIXI Now opportunity, the Compensation Plan, and Company products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.
- All promotional materials supplied or created by XIXI Now must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company Compliance Department.
- The name of XIXI Now, each of its product and service names and other names that have been adopted by XIXI Now in connection with its business are proprietary trade names, trademarks and service marks of XIXI Now. As such, these marks are of great value to the Company and are supplied to Partners for their use only in an expressly authorized manner.
- AXIXI NowPartner’s use of the name “XIXI Now” is restricted to protect XIXI Now proprietary rights, ensuring that the XIXI Now protected names will not be lost or compromised by unauthorized use. Use of the XIXI Now name on any item not produced by XIXI Now is prohibited except as follows:
- [Partner’s name] Independent XIXI NowPartner
- [Partner’s name]Independent Partner of XIXI Now products and services.
- Further procedures relating to the use of the XIXI Now name are as follows:
- All stationary (i.e., letterhead, envelopes, and business cards) bearing the XIXI Nowname or logo intended for use by the Partner must be approved in writing by the Company Compliance Department.
- XIXI NowPartners may list “Independent XIXI NowPartner or Partner” in the white pages of the telephone directory under his, her or its own name.
III. XIXI Now Partners may not use the name “XIXI Now” or “XIXI Now 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 Partner of XIXI Now.”
- Certain photos and graphic images used by XIXI Now in its advertising, packaging, and websites are the result of paid contracts with outside vendors that do not extend to Partners. Ifa Partner wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee.
- G. A XIXI Now Partner shall not appear on or make use of television or radio, or make use of any other media to promote or discuss XIXI Now or its programs, products or services without prior written permission from the Company Compliance Department.
- H. A Partner may not produce for sale or distribution any Company event or speech, nor may a Partner reproduce XIXI Now audio or video clips for sale or for personal use without prior written permission from the Company Compliance Department.
- I. XIXI Now 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 Partner.
- J. A Partner shall not promote non-XIXI Now products or services in conjunction with XIXI Now products or services on the same websites or same advertisement without prior approval from the Company Compliance Department.
K.Claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by XIXI Now may not be made except those contained in official XIXI Now literature. In particular, no Partner may make any claim that XIXI Now products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only do such claims violate XIXI Now policies, but also they potentially violate federal and state laws and regulations, including the federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act.
9.3 Faxes and E-mail Limitations
- Except as provided in this section, a Partner may not use or transmit unsolicited faxes, email, mass email distribution, or “spamming” that advertises or promotes the operation of his, her or itsXIXI Now business. The exceptions are:
- Faxes or e-mailing any person who has given prior permission or invitation;
- Faxing or e-mailing any person with whom the Partner has established a prior business or personal relationship.
- In all states where prohibited by law, a Partner 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.
- All faxes, e-mail or computer broadcasted documents subject to this provision shall include each of the following:
- 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;
- A clear return path or routing information;
III. The use of legal and proper domain name;
- A clear and obvious notice of the opportunity to decline to receive further commercial facsimile or e-mail messages from the sender;
- 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;
- 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, her or its request not to receive further faxed or e-mailed documents, a XIXI Now Partner shall not transmit any further documents to that recipient.
- All e-mail or computer broadcasted documents subject to this provision shall not include any of the following:
- Use of any third-party domain name without permission;
- Sexually explicit materials.
9.4 Internet and Third-Party Website Restrictions
- A Partner may not use or attempt to register any of XIXI Now’s 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.
- A XIXI Now Partner may not sell XIXI Now products, services or offer the opportunity using “online auctions,” such as eBay®.
- All Partners may have one (1) approved third-party website. A third-party website is a XIXI Now-approved personal website that is hosted on non-XIXI Now servers and has no affiliation with XIXI Now. Any Partner who wishes to develop their own third-party website must submit a properly completed third-party website application and Agreement along with the proper website registration fee and receive XIXI Now’s prior written approval before going live the site. Third-party websites may be used to promote your business and XIXI Now’s products so long as the third-party website adheres to XIXI Now’s advertising policies. Moreover, no orders may be placed through third-party websites, and no enrollments may occur through a third-party website. If you wish to use any third-party website, you must do the following:
- Identify yourself as a Partner for XIXI Now;
- Use only the approved images and wording authorized by XIXI Now;
- Adhere to the branding, trademark, and image usage policies described in this document.
- Adhere to any other provision regarding the use of a third-party website described in this document;
- Agree to give the Compliance Department at XIXI Now access to the third-party website and, if the website is password protected, the Compliance Department must receive passwords or credentials allowing unlimited access.
- Agree to modify your website to comply with current or future XIXI Now policies.
- All marketing materials used on a Partner’s third-party website must be provided by XIXI Now or approved in writing by the Company.
- To avoid confusion, the following three elements must also be prominently displayed at the top of every page of your third-party website:
- The XIXI Now Partner Logo
- Your Name and Title
- XIXI Now Corporate Website Redirect Button
- A Partner may not use third-party sites that contain materials copied from corporate sources (such as XIXI Now brochures, CDs, videos, tapes, events, presentations, and corporate websites). This Policy ensures brand consistency, allows Customers and Partners to stay up-to-date with changing products, services and information, facilitates enrollment under the correct Sponsor, and assists in compliance with government regulations.
- XIXI Now products may be displayed with other products or services on a Partner’s third-party website so long as the other products and services are consistent with XIXI Now values and are not marketed or sold by a competing network-marketing company.
- If the independent XIXI Now business of a Partner who has received authorization to create and post a third-party website is voluntarily or involuntarily canceled for any reason, or if XIXI Now revokes its authorization allowing the Partner to maintain a third-party website, the Partner shall assign the URL to his/her third-party website to the XIXI Now within three (3) days from the date of the cancellation and/or re-direct all traffic to the site as directed by the XIXI Now. XIXI Now reserves the right to revoke any Partner’s right to use a third-party website at any time if XIXI Nowbelieves that such revocation is in the best interest of XIXI Now, its Partners, and Customers. Decisions and corrective actions in this area are at XIXI Now’s sole discretion.
- Social Media sites may not be used to sell or offer to sell XIXI Now products or services. PROFILES A PARTNER GENERATES IN ANY SOCIAL COMMUNITY WHERE XIXI NOW IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY THE PARTNER AS A XIXI NOW PARTNER, and when a Partner participates in those communities, Partners must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at XIXI Now’s sole discretion, and offending Partners will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the XIXI Now approved library. If a link is provided, it must link to the posting Partner’s Replicated website or an approved third-party website.
- Anonymous postings or use of an alias on any Social Media site is prohibited, and offending Partners will be subject to disciplinary action.
- Partners may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments Partners create or leave must be useful, unique, relevant and specific to the blog’s article.
- Partners must disclose their full name on all Social Media postings, and conspicuously identify themselves as an independent Partner for XIXI Now. Anonymous postings or use of an alias is prohibited.
- Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to the following: false or deceptive postings relating to the XIXI Now income opportunity, XIXI Now’s products and services, and/or your biographical information and credentials.
- Partners are personally responsible for their postings and all other online activity that relates to XIXI Now. Therefore, even if a Partner does not own or operate a blog or Social Media site, if a Partner posts to any such site that relates to XIXI Now or which can be traced to XIXI Now, the Partner is responsible for the posting. Partners are also responsible for postings which occur on any blog or Social Media site that the Partner owns, operates, or controls.
- As a XIXI Now Partner, it is important to not converse with any person who places a negative post against you, other Partners, or XIXI Now. Report negative posts 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 XIXI Now, and therefore damages the reputation and goodwill of XIXI Now.
- The distinction between a Social Media site and a website may not be clear-cut, because some Social Media sites are particularly robust, XIXI Now therefore reserves the sole and exclusive right to classify certain Social Media sites as third-party websites and require that Partners using, or who wish to use, such sites adhere to the XIXI Now’s policies relating to third-party websites.
- If your XIXI Now business is cancelled for any reason, you must discontinue using the XIXI Now name, and all XIXI Now’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as an independent XIXI Now Partner, you must conspicuously disclose that you are no longer an independent XIXI Now Partner.
- Failure to comply with these Policies for conducting business online may result in the Partner losing their right to advertise and market XIXI Now products, services and XIXI Now’s opportunity online in addition to any other disciplinary action available under the Policies and Procedures.
9.5 Advertising and Promotional Materials
- You may not advertise any XIXI Now products or services at a price LESS than the highest company published, established retail price of ONE offering of the XIXI Nowproduct or service plus shipping, handling and applicable taxes. No special enticement advertising is allowed. This includes, but is not limited to, offers of free membership, 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. XIXI Now approval is not required to place blind ads that do not mention XIXI Now, its employees, any of its products, services, designs, symbols, programs, and trademarked, copyrighted, or otherwise protected materials.
- F. XIXI Now reserves the right to rescind its prior approval of submitted advertising or promotional materials to comply with changing laws and regulations, and may require the removal of such advertisements from the marketplace without obligation to the affected Partner.
9.6 Testimonial Permission
By signing the XIXI Now Partner Agreement, a Partner gives XIXI Now permission to use his, her or its 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 XIXI Now opportunity, a Partner waives any right to be compensated for the use of his, her or its testimonial or image and likeness even though XIXI Now may be paid for items or sales materials containing such image and likeness. In some cases, a Partner’s testimonial may appear in another Partner’s advertising materials. If a Partner does not wish to participate in XIXI Now sales and marketing materials, he, she or its should provide a written notice to the Company Compliance Department to ensure that his, her or its 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 XIXI NowPartner must not engage in telemarketing in relation to the operation of the Partner’s XIXI Now business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of XIXI Now products or services, or to recruit them for the XIXI Now opportunity.
- 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.
- While a Partner 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 Partner to violate the law. These regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation).
- “Cold calls” or “state-to-state calls” made to prospective Customers or Partners that promote eitherXIXI Now products, services or the XIXI Now opportunity is considered telemarketing and is prohibited.
E.Exceptions to Telemarketing Regulations
A XIXI Now Partner may place telephone calls to prospective Customers or Partners under the following limited situations:
- If the Partner has an established business relationship with the prospect;
- In response to the prospect’s personal inquiry or application regarding a product or service offered by the XIXI Now Partner, within three (3) months immediately before the date of such a call;
- If the Partner receives written and signed permission from the prospect authorizing the Partner to call;
- If the call is to family members, personal friends, and acquaintances. However, if a Partner 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;
- XIXI NowPartners engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.
- A Partner shall not use automatic telephone dialing systems in the operation of his, her or itsXIXI Now businesses.
- Failure to abide by XIXI Now policies or regulations as set forth by the FTC and FCC regarding telemarketing may lead to sanctions against the Partner’s business, up to and including termination of the business.
- By signing the PartnerAgreement, or by accepting commission checks, other payments or awards from XIXI Now, a Partner gives permission to XIXI Now and other Partners to contact them as permitted under the Federal Do Not Call regulations.
- In the event a Partner violates this section, XIXI Now reserves the right to institute legal proceedings to obtain monetary or equitable relief.
10.0CHANGES TO A PARTNER BUSINESS
10.1 Modification of the Partner Agreement
A.A XIXI Now Partner may modify his, her or its existing Partner 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 Partner) by submitting a written request, accompanied by a new Partner 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 Partners
- Maintaining the integrity of the organizational structure is mandatory for the success of XIXI Now and our independent Partners. As such, under exceptional circumstances at the discretion of the Company, a request to change placement may only be made within the first 30 days of initial enrollment as a Partner. Furthermore, such changes may only occur within the same organization.
- Sponsors may make “Placement changes” from one Partner to another for personally Sponsored (frontline) Partners during the first 30 days of enrollment.
- New Partners or their original Sponsor may request a change of Sponsor or Placement within the first 30 days of enrollment for the purpose of structuring an organization. The new PartnerAgreement must be received within the calendar month for commission calculations to be effective with the requested change.
- To change or correct the Sponsor, a Partner must comply with following procedures:
- Submit a Sponsor Placement Transfer Form;
- Submit a XIXI NowPartnerAgreement showing the correct Sponsor and Placement, and any appropriate supporting documentation;
III. The Partner Agreement must be a new, completed document bearing “fresh” signatures, not a “crossed-out” or “white-out” version of the first Agreement.
- Upon approval, the Partner’s downline, if any, will transfer with the Partner.
- F. If one transfer has already been made a $20 fee will be assessed for the second and for each transfer thereafter.
- G. After the first 30 days from initial enrollment, XIXI Now will honor the Sponsor/Placement as shown:
- On the most recently signed PartnerAgreement on file; or
- Self-enrolled on the website (i.e., electronically signed web Agreement).
- H. XIXI Now retains the right to approve or deny any requests to change Sponsor or Placement, and to correct any errors related thereto at any time and in whatever manner it deems necessary.
11.3 Change Sponsor or Placement for Inactive Partners
- At the discretion of XIXI Now, Partners who have not ordered products or services for at least twelve (12) months and who have not tendered a letter of resignation, are eligible to re-enroll in XIXI Now under the Sponsor/Placement of their choice.
- Upon written notice to XIXI Now that a former Partner wishes to re-enroll, XIXI Now will “compress” (close) the original account. A new XIXI Now ID number will then be issued to the former Partner.
- Such Partner does not retain former rank, downline, or rights to commission checks from his, her or its former organizations.
- XIXI Now reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.
- If a XIXI NowPartner wishes to transfer organizations, he, she or it must submit a letter of resignation to the XIXI Now Customer Service Department and remain inactive (place no orders) with or inXIXI Now for six (6) months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement.
B.XIXI Now retains the right to approve or deny any request to re-enroll after a Partner’s resignation.
- If re-enrollment is approved, the former Partner will be issued a new XIXI Now ID number and will be required to submit a new PartnerAgreement. The Partner will not be entitled to keep any former rank, downline, or rights to commission checks from any prior organization.
D.Transfers may not be done outside of the original organization.
- Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition in trying to acquire a prospect or new Partner from another Partner or influencing another Partner to transfer to a different sponsor.
- 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, XIXI Now may transfer the Partner or the Partner’s downline to another sponsor, Placement or organization without approval from the current up-line Sponsor or Placement Partners. XIXI Now remains the final authority in such cases.
- XIXI Now prohibits the act of “Stacking.”Stacking is the unauthorized manipulation of the XIXI Now compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Partner in an unearned manner. One example of stacking occurs when a Sponsor places participants under an inactive downline without his, her or its 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 positions of all individuals and/or entities found to be directly involved.
- Should Partners engage in solicitation and/or enticement of members of another direct sales company to sell or distribute XIXI Now 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 a Partner alleging that they engaged in inappropriate recruiting activity of another company’s sales force or Customers, XIXI Now will not pay any of Partner’s defense costs or legal fees, nor will XIXI Now indemnify the Partner for any judgment, award, or settlement.
10.6Sell, Assign or Delegate Ownership
- In order to preserve the integrity of the hierarchical structure, it is necessary for XIXI Now to place restrictions on the transfer, assignment, or sale of a business.
- A XIXI NowPartner may not sell or assign his, her or its rights or delegate his, her or its position as a Partner without prior written approval by the Company, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of XIXI Now.
- Should the sale be approved by XIXI Now, the Buyer assumes the position 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 a XIXI Now business, the following items must be submitted to the Company Compliance Department:
- A Sale/Transfer of businessForm properly completed, with the requisite signatures.
- A copy of the Sales Agreement signed and dated by both Buyer and Seller.
III. A XIXI Now Partner Agreement completed and signed by the Buyer;
- Payment of the $100 administration fee; and
- Any additional supporting documentation requested by XIXI Now.
- E. Any debt obligations that either Seller or Buyer may have with XIXI Now must be satisfied prior to the approval of the sale or transfer by XIXI Now.
F.A XIXI Now Partner who sells his, her or its business is not eligible to re-enroll as a XIXI Now Partner in any organization for six (6) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.
10.7Separating a XIXI Now Business
- Pending a divorce or dissolution of a business or other business entity, the parties must adopt one of the following methods of operation:
- One of the parties may, with the written consent of the other(s), operate the XIXI Now business whereby the relinquishing spouse, shareholders, partners, members or trustees authorize XIXI Now to deal directly and solely with the other spouse, non-relinquishing shareholder, partner, member or trustee;
- The parties may continue to operate the XIXI Now business jointly on a “business as usual” basis, whereupon all compensation paid by XIXI Now will be paid in the name designated as the Partners or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, XIXI Now will pay compensation to the name on record and in such event, the Partner named on the account shall indemnify XIXI Now from any claims from the other business owner(s) or the other spouse with respect to such payment.
B.XIXI Now recognizes only one Downline organization and will issue only one commission check per XIXI Now business per commission cycle. Under no circumstances will the Downline of an organization be divided, nor will XIXI Now 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 XIXI Now business, he, she or it may immediately thereafter re-enroll under the Sponsor and Placement of his, her or its choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any Partner or active Customer in the former organization, and must develop a new business in the same manner as any other new XIXI Now Partner. A Partner 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.
- Upon the death or incapacity of a Partner, the Partner’s business may be passed on to his, her or its legal successors in interest (successor). Whenever a XIXI Now business is transferred by will or other testamentary process, the successor acquires the right to collect all bonuses and commissions of the deceased Partner’s sales organization. The successor must:
- Complete and sign a new XIXI Now Partner Agreement;
- Comply with the Terms and provisions of the Partner Agreement; and
III. Meet all of the qualifications for the last rank achieved by the former Partner.
- Bonus and commission checks of a XIXI Now business transferred based on this section will be paid in a single check to the successor. The successor must provide XIXI Now 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.
- If the business is bequeathed to joint devisees (successors), they must form a business entity and acquire a Federal taxpayer identification number.XIXI Now will issue all bonus and commission payments and one 1099 Miscellaneous Income Tax form to the managing business entity only.
- Appropriate legal documentation must be submitted to Company Compliance Department to ensure the transfer is done properly. To affect a testamentary transfer of a XIXI Now business, the successor must provide the following to Company Compliance Department:
- A certified copy of the death certificate; and
- A notarized copy of the will or other appropriate legal documentation establishing the successor’s right to the XIXI Now business.
- To complete a transfer of the XIXI Now business because of incapacity, the successor must provide the following to theCompany Compliance Department:
- A notarized copy of an appointment as trustee;
- A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the XIXI Now business; and
III. A completed Partner Agreement executed by the trustee.
F.If the successor is already an existing Partner, XIXI Now will allow such Partner to keep his, her or its own business plus the inherited business active for up to six (6) months. By the end of the 6-month period, the Partner must have compressed (if applicable), sold or otherwise transferred either the existing business or the inherited business.
- If the successor wishes to terminate the XIXI Nowbusiness, he, she or it 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.
- Upon written request, XIXI Now may grant a one (1) month bereavement waiver and pay out at the last “paid as” rank.
- A. A Partner 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:
- The Partner’s intent to resign;
- Date of resignation;
III. XIXI Now Identification Number;
- Reason for resigning; and
- B. A XIXI Now Partner may not use resignation as a way to immediately change Sponsor and Placement. Instead, the Partner who has voluntarily resigned is not eligible to reapply for a business or have any financial interest in a or any XIXI Now business for six (6) months from the receipt of the written notice of resignation.
- XIXI Now reserves the right to terminate a Partner’s business for, but not limited to, the following reasons:
- Violation of any Terms or Conditions of the Partner Agreement;
- Violation of any provision in these Policies and Procedures;
- Violation of any provision in the Compensation Plan;
- Violation of any applicable law, ordinance, or regulation regarding the XIXI Now business;
- Engaging in unethical business practices or violating standards of fair dealing; or
- Returning over $500 worth of products, services and/or sales tools for a refund within a twelve (12) month period.
B.XIXI Now will notify the Partner in writing by certified mail, return receipt requested or overnight documented mail, at his, her or its last known address of its intent to terminate the Partner’s business and the reasons for termination. The Partner will have fifteen (15) calendar days from the date of mailing of such notice to respond in writing to the allegations or claims constituting cause for termination as stated in the notice. XIXI Now will then have thirty (30) calendar days from the date of receipt of the Partner’s response to render a final decision as to termination.
- If a decision is made by XIXI Now to terminate the Partner’s business, XIXI Now will inform the Partner in writing that the business is terminated effective as of the date of the written notification. The Partner will then have fifteen (15) calendar days from the date of mailing of such notice to appeal the termination in writing.XIXI Now must receive the Partner’s written appeal within twenty (20) calendar days of the date of the XIXI Now termination letter. If the written appeal is not received within this time period, the termination will be considered final.
- If the Partner does file a timely appeal of termination, XIXI Now will review its decision, along with any other information it may deem relevant, reconsider any other appropriate action, and notify the Partner of its decision. The decision of XIXI Now is then considered final and not subject to further review.
- If the termination is not rescinded, the termination will be effective as of the date of the original termination notice by XIXI Now. The former Partner shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any XIXI Now products or services. XIXI Now will notify the active Upline Sponsor within ten (10) days after termination. The organization of the terminated Partner will “roll up” to the active Upline Sponsor on record.
- The XIXI NowPartner who is involuntarily terminated by XIXI Now may not reapply for a business, either under his, her or its present name or any other name or entity, without the express written consent of an officer of XIXI Now,following a review by the Company Compliance Department. In any event, such Partner may not re-apply for a business for twelve (12) months from the date of termination.
10.11Effect of Cancellation
- Following a Partner’s cancellation for inactivity or voluntary or involuntary termination (collectively, a “cancellation”) such Partner:
- Shall have no right, title, claim or interest to any commission or bonus from the sales generated by the Partner’s former organization or any other payments in association with the Partner’s former independent business;
- Effectively waives any and all claims to property rights or any interest in or to the Partner’s former Downline organization;
III. Shall receive commissions and bonuses only for the last full pay period in which he, she or its was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to XIXI Now.
11.1 Imposition of Disciplinary Action – Purpose
It is the spirit of XIXI Now that integrity and fairness should pervade among its Partners, thereby providing everyone with an equal opportunity to build a successful business. Therefore, XIXI Now reserves the right to impose disciplinary sanctions at any time, when it has determined that a Partner has violated the Agreement or any of these Policies and Procedures or the Compensation Plan as they may be amended from time to time by XIXI Now.
11.2 Consequences and Remedies of Breach
- Disciplinary actions may include one or more of the following:
- Monitoring a Partner’s conduct over a specified period of time to assure compliance;
- Issuance of a written warning or requiring the Partner to take immediate corrective action;
- 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 XIXI Now receives adequate additional assurances from the Partner to ensure future compliance;
- Suspension from participation in Company or Partner events, rewards, or recognition;
- Suspension of the XIXI Now Partner Agreement and business for one or more pay periods;
- Involuntary termination of the Partner’s Agreement and business;
- Any other measure which XIXI Now deems feasible and appropriate to justly resolve injuries caused by the Partner’s Policy violation or contractual breach; OR
VIII. Legal proceedings for monetary or equitable relief.
- If a XIXI NowPartner has a grievance or complaint against another Partner regarding any practice or conduct relating to their respective XIXI Now 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 Section.
- 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 Partners involved.
C.XIXI Now will confine its involvement to disputes regarding XIXI Now business matters only. XIXI Now will not decide issues that involve personality conflicts or unprofessional conduct by or between Partners outside the context of a XIXI Now business. These issues go beyond the scope of XIXI Now and may not be used to justify a Sponsor or Placement change or a transfer to another XIXI Now organization.
D.XIXI Now does not consider, enforce, or mediate third party agreements between Partners, nor does it provide names, funding, or advice for obtaining outside legal counsel.
- Process for Grievances:
- The XIXI NowPartner 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:
- The nature of the violation;
- Specific facts to support the allegations;
- Number of occurrences;
- Persons involved; and
- Supporting documentation.
- Upon receipt of the written complaint, XIXI Now will conduct an investigation according to the following procedures:
- The Compliance Department will send an acknowledgment of receipt to the complaining Partner.
- The Compliance Department will provide a verbal or written notice of the allegation to the Partner under investigation. If a written notice is sent to the Partner, he, she or its will have ten (10) business days from the date of the notification letter to present all information relating to the incident for review by XIXI Now.
- 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.
- 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. Partner calls, letters, and requests for “progress reports” during the course of the investigation will not be answered or returned.
E.XIXI Now will make a final decision and timely notify the XIXI Now Partners involved.
- Any controversy or claim arising out of or relating to the XIXI Now Partner agreement, these Policies and Procedures, or the breach thereof, the Partner’s business or any dispute between XIXI Now and the Partner, 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 Selma, Alabama. 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.
- 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.
- This agreement to arbitration shall survive any termination or expiration of the Partner agreement.
- Nothing in these Policies and Procedures shall prevent XIXI Now 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 XIXI Now 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.
- These Policies and Procedures and any arbitration involving a Partner and XIXI Now shall be governed by and construed in accordance with the laws of the state of Alabama, without reference to its principles of conflict of laws.
A.If any provision of these Policies and Procedures 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 and Procedures.
- Only an officer of XIXI Now can, in writing, affect a waiver of the XIXI Now Policies and Procedures. XIXI Now’s waiver of any particular breach by a Partner shall not affect XIXI Now’s rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Partner.
- The existence of any claim or cause of action of a Partner against XIXI Now shall not constitute a defense to XIXI Now’s enforcement of any term or provision of these Policies and Procedures.
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.
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of Alabama and the exclusive jurisdiction of the United States courts.
14.0XIXI Now GLOSSARY OF TERMS
ACTIVE PARTNER: A Partner 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 Partner, which includes: the Partner Agreement; the XIXI Now Policies and Procedures; and the XIXI Now Compensation Plan, all in their current form and as amended by XIXI Now in its sole discretion. These documents are collectively referred to as the “Agreement” or the “Partner Agreement.”
CANCEL: The termination of a Partner’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Partners can generate commissions and bonuses.
CUSTOMER: A Customer who purchases XIXI Now products and does not engage in building a business or retailing product.
LINE OF SPONSORSHIP (LOS): A report generated by XIXI Now that provides critical data relating to the identities of Partners, sales information, and enrollment activity of each Partner’s organization. This report contains confidential and trade secret information which is proprietary to XIXI Now.
ORGANIZATION: The Customers and Partners placed below a particular Partner.
OFFICIAL XIXI NOW MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by XIXI Nowto Partners.
PARTNER: An individual who purchases product, generates retail sales and business building commissions.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of XIXI Now’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 XIXI Now Partner or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
RESALABLE CONDITION: Products shall be deemed “Resalable Condition” if each of the following elements is satisfied: (1) they are unopened and unused, (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 XIXI Now labelling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
SPONSOR: A Partner who enrolls a Customer or another Partner into the Company, and is listed as the Sponsor on the Partner Agreement. The act of enrolling others and training them to become Partners is called “sponsoring.”
UPLINE: This term refers to the Partner or Partners above a particular Partner in a sponsorship line up to the Company. It is the line of sponsors that links any particular Partner to the Company.