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2012 Network Marketing VT Policy & Procedures Contact

Policy & Procedures


SECTION 1 - INTRODUCTION


1.1 - CORPORATE MISSION STATEMENT

The mission of Network Marketing VT is simple and concise: Our aim is to attract superior professionals and talent from around the globe that constantly increases the overall value of our organization. As our value increases, so does the opportunity and the attraction for others. Great people have a compounding effect on our strength as a whole.

The goal of Network Marketing VT is to become the most sought after and respected resource for training, products, software, coaching, and financial opportunity in the network marketing industry. Our corporate leadership team is continually working to provide the best experience for our members and associates. At NMVT we want every person to achieve the results they desire in their life and to reach their goals in the shortest timeframe possible.

1.2 – INDEPENDENT ASSOCIATE CODE OF CONDUCT

All Independent Associates and Members of Network Marketing VT agree to abide by the following Independent Associate Code of Conduct.
  1. I will be honest and fair in my dealings
  2. I will perform my business in a manner that will enhance my reputation and the positive reputation established by the direct sales and network marketing industry
  3. I will be courteous and respectful of every person I contact in the course of my Independent Associate activities including executives and employees of Network Marketing VTl.
  4. I will fulfill my leadership responsibilities as a sponsor including training, supporting and communicating with the Independent associates in my organization.
  5. I will not misrepresent any NMVT products, services, training, or the Compensation Plan.
  6. I will not sponsor or attempt to sponsor any NMVT Associate directly or indirectly into any other network marketing program or engage in deceptive or illegal practices.
  7. I will remember that even my personal experiences and the benefits received from NMVT products, services or programs, may be interpreted as unauthorized “extension of labeling claims”.
  8. I understand and agree that I am solely responsible for all financial and/or legal obligations I incur in the course of my business as an Independent Associate and will discharge all debts and duties as required of an Associate.


SECTION 2 – OVERVIEW


2.1 - POLICIES AND COMPENSATION PLAN INCORPORATED INTO INDEPENDENT ASSOCIATE AGREEMENT

These Policies and Procedures, in their present form and as amended at the sole discretion of Network Marketing VT (hereafter NMVT or the “Company”), are incorporated into, and form an integral part of, the NMVT Independent Associate Agreement (the “IA Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Independent Associate Application and Customer Agreement, these Policies and Procedures, the NMVT and Compensation Plan, and the NMVT Business Entity Registration Form (if applicable). These documents are incorporated by reference into the Associate Agreement (all in their current form and as amended by NMVT). It is the responsibility of each Associate to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures. When sponsoring or enrolling a new Associate, it is the responsibility of the sponsoring Associate to provide the most current version of these Policies and Procedures and the NMVT Marketing and Compensation Plan to the applicant prior to his or her execution of the Associate Agreement.

2.2 - PURPOSE OF POLICIES

NMVT is a direct sales company that markets educational and high-value informational products, software, consulting, coaching, and services through independent Associates. It is important to understand that your success and the success of your fellow Associates are dependent upon the integrity of the men and women who market our products and services. To clearly define the relationship that exists between Associates and NMVT, and to explicitly set a standard for acceptable business conduct, NMVT has established the Agreement.
NMVT Associates are required to comply with all of the Terms and Conditions set forth in the Agreement, as well as all federal, state, provincial, territorial, and local laws governing their NMVT business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this Statement of Policies and Procedures carefully. It explains and governs the relationship between you, as an independent contractor and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from anyone, your Sponsor or from NMVT.

2.3 - CHANGES TO THE AGREEMENT

Because federal, state, provincial, territorial and local laws, as well as the business environment, periodically change, NMVT reserves the right to amend the Agreement and its prices for products and services in its sole and absolute discretion. By signing the Associate Agreement, an Associate agrees to abide by all amendments or modifications that NMVT elects to make. Amendments shall be effective upon notice to all Associates that the Agreement has been modified.
Notification of amendments shall be published in official NMVT Materials. The Company shall provide or make available to all Associates a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (e-mail); (3) fax-on-demand; (4) voice mail system broadcast; (5) inclusion in Company periodicals; (6) inclusion in product orders or bonus checks; or (7) special mailings. The continuation of an Associate’s NMVT business or an Associate’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.

2.4 - DELAYS

NMVT shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, Acts of God, curtailment of a party’s source of supply, or government decrees or orders.

2.5 - POLICIES AND PROVISIONS SEVERABLE

If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.

2.6 - WAIVER

The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of NMVT to exercise any right or power under the Agreement or to insist upon strict compliance by an Associate with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of NMVT’s right to demand exact compliance with the Agreement. Waiver by NMVT can be affected only in writing by an authorized officer of the Company. NMVT’s waiver of any particular breach by an Associate shall not affect or impair NMVT’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Associate. Nor shall any delay or omission by NMVT to exercise any right arising from a breach affect or impair NMVT’s rights as to that or any subsequent breach.
The existence of any claim or cause of action of an Associate against NMVT shall not constitute a defense to NMVT’s enforcement of any term or provision of the Agreement.


SECTION 3 - BECOMING AN INDEPENDENT ASSOCIATE


3.1 – REQUIREMENTS TO BECOME AN ASSOCIATE

To become a NMVT Associate, each applicant must:
  1. Be 18 years of age at time of application.
  2. Have a valid Social Security or Federal Tax ID or Identification number;
  3. Purchase a NMVT Associate Business System
  4. Submit a properly completed and signed Associate Agreement to NMVT via your Enroller’s NMVT affiliate internet website.

The Company reserves the right to reject any Independent Associate Agreement for a new Associate Business Center.

3.1.1 - ASSOCIATE BUSINESS SYSTEM (ABS): $19.00/MONTH

In order to familiarize new Associates with NMVT products, services, sales techniques, sales aids, and other matters, the Company requires that Associates purchase an Associate Business System (“ABS”) as part of their membership subscription. Except for the purchase of the at-cost ABS, no person is required to purchase NMVT products, services or sales aids, or to pay any charge or fee to become an Associate (See the full NMVT Compensation Plan to learn about the compensation affiliated with a Business Center Only Associate). The ABS is an online tool that includes a Personalized Website and Back Office System as well as an online Training Program with essential Sales and Marketing tools to help Associates build their NMVT business. The ABS purchase price is $19.00 per month.

3.2 - NEW ASSOCIATE ENROLLMENT

NMVT provides a convenient method for new Associate to enroll. An applicant may enroll online at the personal NMVT affiliate website of his or her Enroller.

3.2.1 – BUSINESS ENTITY ENROLLMENT

Business entities including corporations, limited liability companies, partnerships, sole proprietorships, or trusts, may become an Associate of NMVT and an NMVT business may be operated under an assumed name or DBA. If a new NMVT business will be owned or operated in the above manner, a Business Entity Registration Packet (Business Entity Form, W-9, articles of organization/incorporation and Doing Business As (DBA) Certificate within 30 (thirty) days of the date of the application. If any shareholder, partner, member or manager of an Associate is itself an entity, then the information required for the Associate shall also be required for such shareholder, partner, member or manager.

3.3 - ASSOCIATE BENEFITS

Once an Associate Agreement has been accepted by NMVTl, the benefits of the Marketing and Compensation Plan and the Associate Agreement are available to the new Associate. These benefits include the right to:
  1. Purchase NMVT products and services at the Associate Price; these are marketing materials and do not apply to membership products. An associate must purchase a membership package to access the membership benefits.
  2. Market and promote the sale of NMVT products and services, and profit from these sales;
  3. Participate in the NMVT Marketing and Compensation Plan (receive bonuses and commissions, if eligible);
  4. Enroll other individuals or entities as Associates into the NMVT business and thereby, build a Marketing Organization and progress through the NMVT Marketing and Compensation Plan;
  5. Receive periodic NMVT literature and other NMVT communications;
  6. Participate in NMVT-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable
  7. Participate in promotional and incentive contests and programs sponsored by NMVT for its Associates.

3.4 - RENEWAL OF YOUR NMVT BUSINESS

The term of the Independent Associate Agreement is one (1) month from the date of its acceptance and is automatically renewed by NMVT from month to month as long as the Associate has not violated the Company’s Terms & Conditions and/or Policies & Procedures and is current with their $19.00 monthly ABS fee.


SECTION 4 – OPERATING AN NMVT BUSINESS


4.1 – ADHERENCE TO THE NVMT MARKETING AND COMPENSATION PLAN


4.1.1 – GENERAL


  • Associates must adhere to the terms of the NMVT Marketing and Compensation Plan as set forth in official NMVT literature.
  • Associates shall not offer the NMVT opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official NMVT literature.
  • Associates shall not require or encourage other current or prospective customers or Associates to participate in NMVT in any manner that varies from the program as set forth in official NMVT literature.
  • Associates shall not require or encourage other current or prospective customers or Associates to execute any agreement or contract other than official NMVT agreements and contracts in order to become a NMVT Associate.
  • Associates shall not require or encourage other current or prospective customers or Associates to make any purchase from, or payment to, any individual or other entity to participate in the NMVT Marketing and Compensation Plan other than those purchases or payments identified as recommended or required in official NMVT literature.

4.1.2 - PRODUCT AND BUSINESS OVERVIEW PRESENTATIONS

All Associates must exclusively use authorized NMVT Presentations any time NMVT Products or the NMVT Business Overview are shown. This includes, but is not limited to, Slide Presentations (PowerPoint, Flash, or otherwise), Printed Flip books/Binders, and DVDs. It is expressly prohibited for any Associate to use presentations of his or her own devising. Any proposed alterations to existing presentations must be submitted to the Compliance Department for approval prior to usage.

4.1.3 – SUBMISSIONS OF RECORDINGS OF PUBLIC PRODUCT AND BUSINESS OVERVIEW PRESENTATIONS

All Associates who host, arrange or are responsible for a public meeting at which a NMVT Product or a NMVT Business Overview Presentation is shown must make and provide within one week of the giving of the presentation a clearly audible recording of the presentation and any discussion that follows that presentation to the NMVT Corporate office. Accompanying this audio recording must be correspondence listing all speakers who made a presentation; the date, time and location of the presentation; and how many attended the presentation.

4.2 - ADVERTISING & MARKETING


4.2.1 - GENERAL

All Associates shall safeguard and promote the good reputation of NMVT and its products. The marketing and promotion of NMVT, the NMVT opportunity, the Marketing and Compensation Plan, and NMVT products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. NMVT prohibits any Associate from enticing a prospect to join a particular sales team by showing copies of commission checks or copies of any commission statement. An Associate may not fax, email, mail or display any form of a copy of a commission check/statements to a prospective associate. This is considered unlawful enticement and highly illegal in the eyes of the Company and the regulators. NMVT has a strict policy against making false and exaggerated income claims or misrepresenting its products/services in any way shape or form. NMVT’s Company approved advertising package prohibits any Sales Associate from using the name NMVT in advertising except where specifically outlined.
To promote both the products and services, and the tremendous opportunity NMVT offers, Associates must use the sales aids and support materials produced by NMVT. The rationale behind this requirement is simple. NMVT has carefully designed its products, product labels, Marketing and Compensation Plan, and promotional materials to ensure that each aspect of NMVT is fair, truthful, substantiated, and complies with the vast and complex legal requirements of federal and state provincial laws. If NMVT Associates were allowed to develop their own sales aids and promotional materials (which include Internet advertising), notwithstanding their integrity and good intentions, the likelihood that they would unintentionally violate any number of statutes or regulations affecting a NMVT business is almost certain. These violations, although they may be relatively few in numbers, would jeopardize the NMVT opportunity for all Associates. Accordingly, Associates must not produce their own literature, advertisements, sales aids and promotional materials, business cards, or Internet web pages unless approved in writing by the Company prior to use. This also includes, but is not limited to merchandise and accessories such as hats, tee-shirts, etc. An Associate can submit all written sales aids, promotional materials, advertisements, and other literature (including proposed Internet advertising) to the Company for approval. Unless the Associate receives specific written approval to use the material, the request shall be deemed denied. NMVT may monitor and documents Associate promotional activity whether on the Internet, in print or through other means on an ongoing basis.

4.2.2 - ASSOCIATE WEBSITES

If an Associate desires to utilize an Internet web page to promote his or her business, he or she may do so through the Company’s replicated website program only. No Associate may independently design a website that uses the names, logos, or product descriptions of NMVT or otherwise promotes (directly or indirectly) NMVT products or the NMVT opportunity. Nor may an Associate use "blind" ads on the Internet that make product or income claims which are ultimately associated with NMVT products, the NMVT opportunity, or the NMVT Marketing and Compensation Plan. The use of any other Internet website or web page (including without limitation auction sites such as eBay) to in any way promote the sale of NMVT products, the NMVT opportunity, or the Marketing and Compensation Plan is strictly prohibited
Associates may not advertise or promote their Associate business or NMVT business, products or marketing plan or use the NMVT name in any electronic media or transmission, including on the Internet via website or otherwise, without the prior written approval of NMVT, which may be withheld in its sole discretion. If written approval is given, Associates must comply with the guidelines set forth by NMVT, including but not limited to the following; (a) Associates shall not make offers or solicitations in the guise of research, surveys or informal communication, when the real intent is to sell products or services or sponsor Associates; (b) Associates operating approved online websites, whether or not they collect personal information from individual consumers, shall disclose to the consumer in a prominent place on the website how the consumer information will be used; (c) Associates sharing personal information collected online shall provide individual consumers with an opportunity to prohibit the dissemination of such information, and (d) if any consumer requests that his or her personal information not be shared, Associates shall immediately stop communicating upon such request; (e) Associates must abide by all laws and regulations regarding electronic communications; (f) Associates may not distribute content by use of distribution lists or to any person who has not given specific permission to be included in such a process; (g) Associates may not distribute content that is unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or material which could give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; and (h) Associate may not, directly or indirectly, send bulk unsolicited emails to persons with whom he or she have had no prior or existing personal or business relationship.

4.2.2.1 - TEAM SUPPORT WEBSITES

Team Support Websites are designed to provide our top leaders with a means to promote special team events, recognition, conference calls, training, etc. to their sales team. Associates, who have achieved the District Manager rank, or higher, may submit their proposed website to the Compliance Department for approval of all content at the sole discretion of NMVT. Adherence to the rules governing the Team support websites will be strictly enforced and NMVT reserves the right to reject it if the website is found unsuitable as detailed in its in
SECTION 4.2.2. (See above) Associate Websites. Any changes to a Team Support Website requires the prior written approval from the Compliance Department.
Team Support Website Guidelines:
  1. The words “NMVT Independent Associate(s)” must appear in the header and Page Title
  2. Only the NMVT name may be used, no company logos
  3. All NMVT support materials must be directly linked to those hosted by NMVT to ensure any corporate updates are affected immediately. Downloading these files and re-hosting them on the Associate’s website is prohibited.
  4. The site may not directly link to any individual Associate’s dot com or dot biz websites.
Content changes must be submitted for approval to the Compliance Department immediately; however, these Team Support Websites may be randomly spot checked to ensure compliance. If a Team Support Website is determined (in our sole discretion), at any time, to be unsuitable or in violation of the Policies and Procedures, The Team Support Website must be taken down immediately until corrective measures have been taken by the Associates and approved by NMVT.

4.2.2.2 - PUBLIC WEBSITES - SOCIAL NETWORKING, FORUMS, AND BLOGS

If an Associate has a public webpage or presence on any websites such as MySpace, Facebook, Blogger, WordPress, Second Life, etc… they must adhere to the following:
  1. HTML and picture content in comments must be disabled or user settings changed to the “Approve comments before posting” to ensure that the site does not serve as a post for inappropriate content or spam;
  2. Only NMVT -approved banner ads (available in back office under “Marketing Tools”) may be used. The banner ads must be used “as is” with no alterations or additional comments;
  3. The site must not make any reference to any related NMVT products, trademarks, logos, etc. The only exception is in photo comments/names, where titles such as “Our July Grand Vacation to Cancun” may be used. However, no prices, savings claims, or other elaboration is allowed, and;
  4. All sites must be submitted to the Compliance Department for approval of all content.
NMVT will evaluate in good faith and will notify of acceptance or rejection. NMVT may reject the submission if determined (at our sole discretion) that the site is unsuitable as detailed in this
SECTION 4.2.2, Associate Websites.

4.2.2.3 – PERSONAL IDENTITY WEBSITE

An Associate may have a personal identity website (e.g. - www.joeAssociate.com) that is 100% generic that may include pictures of family, friends, yachts, cars, homes, vacations, etc. The site may include one of the NMVT approved banner ads available in your back office under “Marketing Tools”, but the banner ad must be used “as is” with no alterations or additional comments.
The site must not make any reference to NMVT products, compensation plan, logos, trademarks, technology, strategic partners, employees, income claims, etc. All sites must be submitted to the Compliance Department for prior approval of all content. NMVT will evaluate in good faith and will notify of acceptance or rejection. NMVT may reject the submission if determined (at our sole discretion) that the site is unsuitable as detailed in
SECTION 4.2.2, Associate Websites.

4.2.3 - PROFILE NAMES, DOMAIN NAMES, AND EMAIL ADDRESSES

Associates may not use or attempt to register any of NMVT’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain name. Nor may Associates incorporate or attempt to incorporate any of the Company’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, into any electronic mail address.
This also includes profile pages/names, usernames, account information, for other internet identity accounts including, but not limited to: LinkedIn, Twitter, Facebook, MySpace, Squidoo, Friendster, Digg, YouTube, Viddler, Vimeo, etc.

4.2.4 – TRADEMARKS AND COPYRIGHTS

All trade names, trademarks and service marks used by NMVT are owned solely by NMVT. NMVT will not allow the use of its trade names, trademarks, designs, or symbols by any person, including a NMVT Associate, without its prior, written permission. Associates may not produce for sale or distribution any recorded Company events and speeches without written permission from NMVT, nor may Associates reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
The name of NMVT and other names as may be adopted by NMVT are proprietary trade names, trademarks and service marks of NMVT. As such, these marks are of great value to NMVT and are supplied to Associates for their use only in an expressly authorized manner. Use of NMVT’s name on any item not produced by the Company is prohibited except as follows:
Associate's Name
Independent NMVT Associate
District Manager (or relevant rank)
All Associates may list themselves as an “Independent NMVT Associate in the white or yellow pages of the telephone directory under their own name. No Associate may place telephone directory display ads using NMVT’s name or logo. Associates may not answer the telephone by saying “NMVT”, “NMVT Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of NMVT.

4.2.5 – MEDIA AND MEDIA INQUIRIES

Associates must not attempt to respond to media inquiries regarding NMVT, its products or services, or their independent NMVT business. All inquiries by any type of media must be immediately referred to NMVT’s Communication Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image is maintained.
Associates are strictly prohibited from representing NMVT in any public media arena, and from using uncompensated media forms including, but not limited to, news releases, articles, editorials, unpaid advertising, infomercials/advertorials, and television, cable or radio program appearances to or publicize NMVT or its products, except as approved in writing by NMVT. Such requests must be submitted in writing to NMVT’s Communication Department at least 30 (thirty) days in advance of the media activity. This policy is necessary to ensure an accurate, legal and consistent public image for NMVT and its Associates.

4.2.6 - SPAMMING AND UNSOLICITED FAXES

Except as provided in this
SECTION, Associates may not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or “spamming” relative to the operation of their NMVT business. The terms "unsolicited faxes" and “unsolicited e-mail” mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting NMVT, its products, its compensation plan or any other aspect of the Company which is transmitted to any person, except that these terms do not include a fax or e-mail: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Associate has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between an Associate and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Associate; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
In addition, it is prohibited for anyone to send, directly or indirectly, any lead generation, marketing or advertising e-mail to any person or entity that references NMVT or its websites, products or services without the recipient’s prior consent. Only after a prospective customer or Associate has requested specific information or has consented to receiving more information about NMVT will anyone be allowed to reference NMVT or its websites, products or services in an e-mail, and then only to the extent of satisfying the prospective customer’s or Associate’s specific request.
Current and future complaints reported to NMVT will be handled as follows:
  1. Any SPAM complaint reported to NMVT by Go Daddy (or other Internet Hosting service) must be investigated and resolved, and the results reported to Go Daddy (or the Internet Hosting service in question), within 5 days.
  2. If an Associate cannot prove/show evidence that the SPAM complaint/e-mail is not valid, his or her NMVT Associate Agreement will be terminated.
Note: if a complaint is generated, the Associate in question will have the burden of proof to show that the complaint is not valid (not NMVT). Associates should keep an active log of all messages sent and received (opt- in/out). They may need this information trail if a complaint is received, to avoid termination.

4.3 - BONUS BUYING PROHIBITED

Bonus buying is strictly and absolutely prohibited. “Bonus buying” includes: (a) the enrollment of individuals or entities as Associates or customers without the knowledge of and/or execution of an Associate Agreement or customer agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Associate or customer; (c) the enrollment or attempted enrollment of non- existent individuals or entities as Associates or customers (“phantoms”); (d) the use of a credit card by or on behalf of an Associate or customer when the Associate or customer is not the account holder of such credit card; (e) Purchasing NMVT merchandise or services on behalf of another Associate or customer, or under another Associate’s or customer’s I.D. number, to qualify for commissions or bonuses.

4.4 - BUSINESS ENTITIES

A corporation, limited liability company (“LLC”), partnership or trust (collectively referred to in this
SECTION as a “Business Entity”) may apply to be a NMVT Associate by submitting its Certificate of Incorporation or Formation, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to NMVT, along with a properly completed Business Entity Registration Form. If an Associate enrolls online, the Entity Documents and Business Entity Registration Form must be submitted to NMVT within 30 (thirty) days of the online enrollment (If not received within the 30 (thirty) day period, the Associate Agreement shall automatically terminate). A NMVT business may change its status under the same sponsor from an individual to a partnership, LLC, corporation or trust, or from one type of entity to another. Owners of the entity are jointly and severally liable for any indebtedness or other obligation to NMVT.

4.5 – CHANGES TO A NMVT BUSINESS


4.5.1 – GENERAL

Each Associate must immediately notify NMVT of all changes to the information contained on his or her Associate Application and Agreement. Associates may modify their existing Associate Agreement (i.e. change Social Security number to Federal ID number, or change the form of ownership from an individual proprietorship to a business entity owned by the Associate) by updating the required information in their NMVT Business Center.

4.5.2 - CHANGE OF SPONSOR

To protect the integrity of all marketing organizations and safeguard the hard work of all Associates, NMVT strongly discourages changes in sponsorship. Maintaining the integrity of sponsorship is critical for the success of every Associate and Marketing Organization. Accordingly, the transfer of a NMVT business from one sponsor to another is rarely permitted.
Requests for change of sponsorship must be submitted in writing to the Associate Services Department via the support ticket system located in your back office, and must include the reason for the transfer. Transfers will only be considered in the following two (2) circumstances:
  1. In cases involving fraudulent inducement or unethical sponsoring, an Associate may request that he or she be transferred to another organization with his or her entire Marketing Organization intact. All requests for transfer alleging fraudulent enrollment practices shall be evaluated on a case by case basis.
  2. The Associate seeking to transfer submits a properly completed and fully executed Sponsorship Transfer request which includes the written approval of his or her immediate Associates including all parties whose income will be affected by the transfer. Photocopied or facsimile signatures are not acceptable. All Associate signatures must be notarized or each approval must be personally submitted by each associate through the customer support ticket system. The Associate who requests the transfer must submit a fee of $50.00 for administrative charges and data processing. If the transferring Associate also wants to move any of the Associates in his or her Marketing Organization, each downline Associate must also submit a properly completed Sponsorship Transfer Request and return it to NMVT with the $50.00 change fee (i.e., the transferring Associate and each Associate in his or her Marketing organization multiplied by $50.00 is the cost to move a NMVT business.) Downline Associates will not be moved with the transferring Associate unless all of the requirements of this paragraph are met. Transferring Associates must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by NMVT for processing and verifying change requests. Changes will not take place until the Associates next Weekly Matrix Cycle.

4.5.4 - CANCELLATION AND RE-APPLICATION

An Associate may legitimately change organizations by voluntarily canceling his or her NMVT business and remaining inactive (i.e., no purchases of NMVT products for resale, no sales of NMVT products or services, no sponsoring, no attendance at any NMVT functions, participation in any other form of Associate activity, or operation of any other NMVT business) for six (6) full calendar months. Following the six (6) month period of inactivity, the former Associate may reapply under a new sponsor. NMVT will consider waiving the six month waiting period under exceptional circumstances. Such request for waiver must be submitted to NMVT in writing.

4.6 – UNAUTHORIZED CLAIMS AND ACTIONS


4.6.1 – INDEMNIFICATION

An Associate is fully responsible for all of his or her verbal and written statements made regarding NMVT products, services, and the Marketing and Compensation Plan which are not expressly contained in official NMVT materials. Associates agree to indemnify NMVT and NMVT’s officers, directors, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by NMVT as a result of the Associate’s unauthorized representations or actions or other breach of the Agreement, (b) actions as an Associate, and (c) violations or the failure to comply with an applicable federal, state or local law or regulation. This provision shall survive the termination of the Associate Agreement.

4.6.2 - INCOME CLAIMS & THE NMVT INCOME DISCLOSURE STATEMENT

When presenting or discussing the NMVT Opportunity, or Marketing and Compensation Plan to prospective Associates, no matter the setting, NMVT Independent Associate MUST use the current NMVT Income Disclosure Statement, as provided on the Associate’s affiliate website. Every prospect must be issued their own copy of the Income Disclosure Statement for review prior to discussing the Opportunity.
Discussing specific examples of Independent Associates’ earnings can be considered enticement by the Federal Trade Commission because, if not done properly, it can create unrealistic expectations or misrepresent someone’s chances of being successful. In order to assist Associates in presenting the information accurately and honestly, NMVT has created Income Disclosure Statement Usage Requirements which can be found in your back office and are an extension of this policy.
In addition to the Income Disclosure Statement, hypothetical income examples that are used to explain the operation of the Marketing and Compensation Plan, and which are based solely on mathematical projections, may be made to prospective Associates, so long as the Associate who uses such hypothetical examples makes clear to the prospective Associate(s) that such earnings are hypothetical and the Associate provides the prospect with a copy of the most current income disclosure chart prepared by the Company.

4.6.3 - TAX INCENTIVE OR WRITE-OFF CLAIMS

Although owning and operating a home-based business can provide the opportunity for Associates to take legitimate deductions for their business on their income tax return, there are numerous laws regarding the allowable deductions. NMVT Associates must not make any tax write-off or potential tax savings claims related to NMVT, but may encourage a prospect or NMVT Associate to seek the advice of a professional tax advisor regarding any allowable deductions.

4.6.4 – MISREPRESENTATION OF THE NMVT OPPORTUNITY

NMVT Associates are independent contractors and not employees, partners, legal Associates, or franchisees of NMVT. Any marketing and sales efforts surrounding the Independent Associate Opportunity offered by NMVT (including, but not limited to flyers, letters, emails, and ad postings) must not in any way assert or imply that the position is a “job,” that the Associate is an “employee,” or that the Associate will receive “salary” or “wages.” The position of Independent Associate shall not be construed as creating a relationship of employee-employer, agency, partnership or joint venture between any participant, sponsor and NMVT.

4.7 – COMMERCIAL OUTLETS AND SALES


4.7.1 – COMMERCIAL OUTLETS

NMVT strongly encourages the retailing and selling of its products and services through person to person contact. In an effort to reinforce this method of marketing and to help provide a standard of fairness for its Associate base, Associates may not display or sell NMVT products, services, or literature in any retail or service establishment without specific prior approval from NMVT’s corporate offices.

4.7.2 – TRADE SHOWS, EXPOSITIONS AND OTHER SALES FORUMS

Associates may display and/or sell NMVT products and services at trade shows and professional expositions. Before submitting a deposit to the event promoter, Associates must contact the Associate Service Center in writing for conditional approval, as NMVT’s policy is to authorize only one (1) NMVT business per event. Final approval will be granted to the first Associate who submits an official advertisement of the event, a copy of the contract signed by both the Associate and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the Associate Services Department. NMVT further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products, services, or the NMVT opportunity. Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image NMVT wishes to portray.
Any promotional material intended for distribution at such events must be submitted for review and approved in writing to the Compliance Department prior to the event. No text may be changed following approval without the material being resubmitted for review.
NMVT may encourage the services of “anonymous shoppers” to attend such events to monitor compliance to the NMVT Policies and Procedures.

4.8 - CONFLICTS OF INTEREST


4.8.1 - NON-SOLICITATION

NMVT Associates are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”). However, during the term of this Agreement and a period of one year following termination, Associates may not RECRUIT other NMVT Associates for any other network marketing business, other than those they personally sponsored into NMVT. 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 NMVT Associate to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes recruiting even if the Associate’s actions are in response to an inquiry made by another Associate.
Associates must not sell, or attempt to sell, any competing non-NMVT products or services to NMVT’s customers or Associates. Any product or services in the same generic category as a NMVT product or service is deemed to be competing.
Associates may not display NMVT products or services with any other products or services in a fashion that might in any way confuse or mislead a prospective customer or Associate into believing there is a relationship between the NMVT and non-NMVT products or services. Associates may not offer the NMVT opportunity, products or services to prospective or existing customers or Associates in conjunction with any non-NMVT program, opportunity, product or service. Associates may not offer any non-NMVT opportunity, products or services at any NMVT-related meeting, seminar or convention, or immediately following such event.

4.8.2 - DOWNLINE ACTIVITY (GENEALOGY) REPORTS

Downline Activity Reports are available for Associate access and viewing at NMVT’s official website. Associate access to his or her Downline Activity Reports is password protected. . All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to NMVT. . Downline Activity Reports are provided to Associates in strictest confidence and are made available to Associates for the sole purpose of assisting Associates in working with their respective Downline Organizations in the development of their NMVT business. Associates should use their Downline Activity Reports to assist, motivate, and train their downline Associates. The Associate and NMVT agree that, but for this agreement of confidentiality and nondisclosure, NMVT would not provide Downline Activity Reports to the Associate. An Associate shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
  1. Directly or indirectly disclose any information contained in any Downline Activity Report to any individual, partnership, association, corporation, or other entity;
  2. Directly or indirectly disclose, to any individual, partnership, association, corporation, or other entity, the password or other access code to his or her Downline Activity Report;
  3. Use the information contained in any Downline Activity Report to compete with NMVT or for any purpose other than promoting or supporting his or her NMVT business; or
  4. Recruit or solicit any Associate or customer listed on any Downline Activity Report or in any manner attempt to influence or induce any Associate or customer, to alter his or her business relationship with NMVT.
Upon demand by the Company, any current or former Associate will return the original and all copies of Downline Activity Reports to the Company.

4.9 - OTHER SERVICES AND PRODUCTS

NMVT Associates are not restricted from selling the services and Products of other companies. However, direct or indirect promotion of those products and services to NMVT Associates is limited to those personally sponsored by the Associate and must not be a product that competes directly or indirectly with the NMVT Products and Services. Such products cannot be offered in conjunction with any NMVT Product or Marketing Presentation.

4.10 - CROSS-SPONSORING

Actual or attempted cross sponsoring is strictly prohibited. “Cross sponsoring” is defined as the enrollment of an individual who or entity that already has a current Customer or Associate Agreement on file with NMVT, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, or fictitious ID numbers, any straw-man or other artifice to circumvent this policy is prohibited. Associates shall not demean, discredit or defame other NMVT Associates in an attempt to entice another Associate to become part of the first Associate’s Marketing Organization. This policy shall not prohibit the transfer of a NMVT business in accordance with
SECTION 4.24.
If Cross Sponsoring is discovered, it must be brought to the attention of the Compliance Department immediately. NMVT may take disciplinary action against the Associate that changed organizations and/or those Associates who encouraged or participated in the Cross Sponsoring. NMVT may also move all or part of the offending Associate’s Downline to his or her original Downline organization if the Company deems it equitable and feasible to do so. However, NMVT is under no obligation to move the Cross Sponsored Associate’s Downline organization, and the ultimate disposition of the organization remains within the sole discretion of NMVT. Associates waive all claims and causes of action against NMVT arising from or relating to the disposition of the Cross Sponsored Associate’s Downline organization.

4.11 - ERRORS OR QUESTIONS

If an Associate has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Associate must notify NMVT in writing within 60 (sixty) days of the date of the purported error or incident in question. NMVT will not be responsible for any errors, omissions or problems not reported to the Company within 60 (sixty) days.

4.12 - GOVERNMENTAL APPROVAL OR ENDORSEMENT

Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Associates shall not represent or imply that NMVT or its Marketing and Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.

4.13 - HOLDING APPLICATIONS OR ORDERS

Associates must not manipulate enrollments of new Associates or customers. All Associate Agreements and NMVT agreements must be entered into the computer within seventy–two (72) hours from the time they are signed by an Associate or placed by a customer, respectively.

4.14 - IDENTIFICATION

All Associates are required to provide their Social Security Number, Social Insurance Number, or a Federal Employer Identification Number to NMVT on the Associate Application and Agreement. Upon enrollment, the Company will provide a unique Associate Identification Number to the Associate by which he or she will be identified. This number will be used to place orders, and track commissions and bonuses.

4.15 - INCOME TAXES

Each Associate is responsible for paying local, state/provincial, and federal taxes on any income generated as an Independent Associate. If an NMVT business is tax exempt, the Federal tax identification number must be provided to NMVT. Every year, NMVT will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement.

4.16 – INDEPENDENT CONTRACTOR STATUS

Associates are independent contractors, and are not purchasers of a franchise or a business opportunity. The agreement between NMVT and its Associates does not create an employer/employee relationship, partnership, or joint venture between the Company and the Associate. An Associate shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Associates are responsible for paying local, state, and federal taxes due from all compensation earned as an Associate of the Company. The Associate has no authority (expressed or implied), to bind the Company to any obligation. Each Associate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Associate Agreement, these Policies and Procedures, and applicable laws.

4.17 – INSURANCE


4.17.1 – BUSINESS PURSUITS COVERAGE

You may wish to arrange insurance coverage for your business. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple “Business Pursuit” endorsement attached to your present home owner’s policy.

4.18 - ADHERENCE TO LAWS AND ORDINANCES


4.18.1 - LOCAL ORDINANCES

Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Associates because of the nature of their business. However, Associates must obey those laws that do apply to them.

4.18.2 - COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS

Associates shall comply with all federal, state, and local laws and regulations in the conduct of their businesses.

4.19 – MINORS

A person who is recognized as a minor in his/or her state or country of residence may not be a NMVT Associate. Associates shall not enroll or sponsor minors into the NMVT program.

4.20 – ONE NMVT BUSINESS PER INDIVIDUAL PERSON/ASSOCIATE

Associates may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1) NMVT Business Center, per Tax ID Number. If an individual has a Social Security number and also owns a corporation limited liability company or partnership and has the appropriate government issued Tax Identification Documents to go along with it then he/she may operate two (2) or more separate NMVT Business Centers as long as the following formulas apply. The multiple Business Centers owned and/or controlled by an individual MUST BE directly enrolled by the primary Business Center. This will insure that all Business Centers will have a common upline.
If a husband and wife choose to operate their respective businesses separately for the purposes of operating their own NMVT business, they may operate separately under their own SS# or Tax ID number, but one spouse MUST BE sponsored directly by the other.
In a partnership, each partner can have a Business Center in his or her own name and tax ID # and share the proceeds equally with their partner(s). In the case of partners sharing the proceeds of more than one (1) Business Center, all Business Centers must have a common Upline. The first Partner in the Marketing Organization must be the direct sponsor of the second partner. In the event of more than two (2) partners, all the partners involved must have been sponsored by another one of the other partners, with the exception of the “top position/partner” in the Marketing Organization.
In the event an Associate wishes to be granted an exception or exclusion from the above policy, he or she must submit a request to the Company in writing which must then be explicitly approved by the Company.

4.20.1 - ACTIONS OF HOUSEHOLD MEMBERS OR AFFILIATED INDIVIDUALS

If any member of an Associate’s Immediate Household engages in any activity which, if performed by the Associate, would violate any provision of the Agreement, such activity will be deemed a violation by the Associate and NMVT may take disciplinary action pursuant to the Statement of Policies against the Associate. Similarly, if any individual associated in any way with a corporation, partnership, trust, Limited Liability Company or other entity (collectively “affiliated individual”) violates the Agreement, such action(s) will be deemed a violation by the entity, and NMVT may take disciplinary action against the entity.

4.21 – SALE, TRANSFER OR ASSIGNMENT OF AN NMVT BUSINESS

Although an NMVT Business is a privately owned, independently operated business, the sale, transfer or assignment of a NMVTbusiness is subject to certain limitations. If an Associate wishes to sell his or her NMVT business, the following criteria must be met:
  1. Protection of the existing line of sponsorship must always be maintained so that the NMVT business continues to be operated in that line of sponsorship.
  2. If the buyer is an active NMVT Associate, he or she must first terminate his or her NMVT business and wait a period of six (6) months before the transfer, assignment, or acquisition of any interest in the new NMVT business will be accepted and processed.
  3. Before the sale, transfer or assignment can be finalized and approved by NMVT, any debt obligations the selling Associate has with NMVT must be satisfied.
  4. The selling Associate must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a NMVT business.
Prior to selling a NMVT business, the selling Associate must notify NMVT of his or her intent to sell the NMVT business. Upon complete execution of the purchase and sale agreement, the parties must submit a NMVT Sale & Transfer Request to NMVT for review. NMVT reserves the right to request additional documentation that may be necessary to analyze the transaction between the buyer and seller. NMVT will, in its sole and absolute discretion, approve or deny the sale, transfer or assignment within thirty (30) days after its receipt of all necessary documents from the parties. If the parties fail to obtain NMVT’s approval for the transaction, no transfer shall occur.
The purchaser of the existing NMVT business will assume the obligations and position of the selling Associate. An Associate who sells his or her NMVT business shall not be eligible to re-apply as a NMVT Associate for a period of at least six (6) full calendar months after the date of the sale. Purchaser agrees to become an NMVT Associate and to be bound by all terms and conditions as well as this Agreement. All sales volume and any sales Associates shall transfer with said position. The selling Associate must submit any materials or credentials issued to the selling Associate.
Please note: Sales and transfers only apply to NMVT Businesses which includes the Associate Agreement, Associate Business System (ABS), and the Business Center in the NMVT Genealogy. NMVT Products, including the Grand Vacations Membership are not transferable and the buyer must make a separate purchase of the product from the Associate who enrolled the seller.
No changes in line of Sponsorship can result from the sale or transfer of a NMVT business.

4.22 - SEPARATION OF AN NMVT BUSINESS

NMVT Associates sometimes operate their NMVT businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership, limited liability company, or trust (the latter three entities are collectively referred to herein as “entities”) may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship.
During the pendency of a divorce or entity dissolution, the parties must adopt one of the following methods of operation:
  1. One of the parties may, with consent of the other(s), operate the NMVT business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, members, partners or trustees authorize NMVT to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.
  2. The parties may continue to operate the NMVT business jointly on a “business-as-usual” basis, whereupon all compensation paid by NMVT will be paid in the joint names of the Associates or in the name of the entity to be divided as the parties may independently agree between themselves.
  3. If the parties cannot mutually agree on how the business shall be allocated during the pendency of a divorce or dissolution, the Company shall treat the business according to the status quo as existed prior to the filing of the divorce or dissolution. In the event of divorce, NMVT will assign the business per the direction of the court.
Under no circumstances will the Downline organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will NMVT split commission and bonus checks between divorcing spouses or members of dissolving entities. NMVT will recognize only one (1) Downline organization and will issue only one (1) commission check per NMVT business per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business, the Associate Agreement shall be involuntarily canceled.
If a former spouse or a former entity affiliate has completely relinquished all rights in his or her original NMVT business, they are thereafter free to enroll under any Sponsor of their choosing, so long as they meet the waiting period requirements set forth in
SECTION 4.5.4. In such case, however, the former spouse or entity shall have no rights to any Associates in his or her former organization or to any former customer. They must develop the new business in the same manner as would any other new Associate.

4.23 - SPONSORING AND ENROLLING

All Active Associates in good standing have the right to sponsor and enroll others into NMVT. Each prospective Associate has the ultimate right to choose his or her own Enroller. If two (2) Associates claim to be the Enroller of the same new Associate, the Company shall regard the first application received by the Company as controlling.

4.24 - STACKING

“Stacking” is strictly prohibited. The term “stacking” includes: (a) the failure to transmit to NMVT or the holding of an Associate Application and Agreement in excess of three (3) business days after its execution; (b) the placement or manipulation of Agreements for the purpose of maximizing compensation pursuant to NMVT’s Marketing and Compensation Plan; or (c) providing financial assistance to new Associates for the purpose of maximizing compensation pursuant to NMVT’s Marketing and Compensation Plan; (d) violating the one (1) business per tax ID rule.

4.25 – SUCCESSION

Upon the death or incapacitation of an Associate, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, an Associate should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a NMVT business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Associate’s Marketing Organization provided the following qualifications are met. The successor(s) must:
  1. Execute an Associate Agreement;
  2. Comply with terms and provisions of the Agreement; and
  3. Continue to meet all of the qualifications to be paid at various Ranks within the compensation plan
Bonus and commission checks of a NMVT business transferred pursuant to this
SECTION will be paid in a single check jointly to the devisees. The devisees must provide NMVT with an “address of record” to which all bonus and commission checks will be sent. If the business is bequeathed to joint devisees, they must form a business entity and acquire a federal taxpayer Identification number. NMVT will issue all bonus and commission checks and one 1099 to the business entity.

4.26 - TRANSFERS


4.26.1 - TRANSFER UPON DEATH OF AN ASSOCIATE

To affect a testamentary transfer of a NMVT business, the successor must provide the following to NMVT: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor’s right to the NMVT business; and (3) a completed and executed Associate Agreement.

4.26.2 - TRANSFER UPON INCAPACITATION OF AN ASSOCIATE

To affect a transfer of an NMVT business because of incapacity, the successor must provide the following to NMVT: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the NMVT business; and (3) a completed Associate Agreement executed by the trustee.

4.27 – TELEMARKETING

The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. While you may not consider yourself a “telemarketer” in the traditional sense of the word, these regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
In addition, Associates shall not use automatic telephone dialing systems relative to the operation of their NMVT businesses. The term “automatic telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.

4.28 - USE OF THE NMVT COMMUNICATION SYSTEM

In the event that NMVT provides any channel of group communication accessible by individual Associates, it shall be used exclusively as a tool to communicate with his or her Downline, to promote the sale of NMVT products and services and the NMVT opportunity. Under no circumstances shall an Associate use the NMVT communication system, be it electronic mail or voice mail, to promote the sale of any non-NMVT products or services or any non-NMVT program or opportunity.

4.29 - PROHIBITING AGAINST EXCESSIVE CHARGES

NMVT prohibits any Independent Associate from charging any other Independent Associate more than $20 per day for any training regarding NMVT. For example, if an Independent Associate in NMVTl is holding a two day training class then the most that can be charged for that particular training would be $40 per person.
Note: Training classes and Associate team meetings may be monitored by NMVT on an ongoing basis through the use of outside anonymous resources.

During the term of the Agreement, the Company may supply to Associates confidential and proprietary information which may not be distributed or abused, including, but not limited to genealogical and Downline Activity Reports, customer lists, customer information developed by the Company or developed for and on behalf of the Company by Associates, (including but not limited to, credit data, customer and Associate profiles and product purchase information). Associate lists, vendor and supplier business information (whether in written or electronic form) which the Company may designate as confidential. Confidential information may not be used, shared, disseminated directly or indirectly by the Associate without prior written approval to do so from NMVT Compliance Department.


SECTION 5 - RESPONSIBILITIES OF ASSOCIATES


5.1 - CHANGE OF ADDRESS OR TELEPHONE

To ensure timely delivery of products, support materials, and commission checks, it is critically important that the NMVT files are current. Street addresses are required for shipping. Associates planning to move should update their personal information via the Back Office function of the Associate’s replicated NMVTl website. To guarantee proper delivery, 2 (two) weeks advance notice must be provided to NMVT on all changes.

5.2 - NON-DISPARAGEMENT

NMVT wants to provide its independent Associates with the best products, compensation plan, and service in the industry. Accordingly, it values an Associate’s constructive criticisms and comments. All such comments should be submitted in writing to the Client Services Department via the back office ticketing system. While NMVT welcomes constructive input, negative comments and remarks made in the field by Associates about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other NMVT Associates. For this reason, and to set the proper example for their Downline, Associates must not disparage, demean, or make negative remarks about NMVT, other NMVT Associates, NMVT’s products, the Marketing and Compensation plan, or NMVT’s directors, officers, or employees.
Associates shall not defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Associates shall not publish post, unload, distribute, or communicate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, materials or information. Associate shall not advertise or offer to sell any goods or services for any commercial purpose or conduct or forward surveys, contests, pyramid schemes or chain letters.

5.2.1 - HARASSMENT ZERO-TOLERANCE POLICY

NMVT has a zero-tolerance policy regarding harassment of another person by a NMVT Independent Associate. NMVT expects its Independent Associates to treat each other, as well as potential Associates and Customers with dignity and respect. Violations of this policy include, but are not limited to:
  1. Intimidating, harassing, or other aggressive behavior;
  2. Causing repeated conflicts with Associates or Customers;
  3. Direct or veiled threats of harm.
Violations of this policy will result in termination. If you are a victim of such behavior, it is important to respond appropriately. Please do not overreact and escalate the situation. Remain calm and notify NMVT’s Compliance Department immediately with detailed information about the incident through your back office support ticketing system.

5.3 - PROVIDING DOCUMENTATION TO APPLICANTS

Associates must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are enrolling to become Associates before the applicant signs an Associate Agreement or by the enrollee acknowledging his or her understanding and agreement to the terms and conditions of the Policies & Procedures and the Compensation Plan through the Associate website.

5.4 - REPORTING POLICY VIOLATIONS

Associates observing a Policy violation by another Associate should submit a written report of the violation directly to the attention of the NMVT Compliance Department via the back office support ticketing system. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.

5.5 – BUSINESS CONDUCT

Each Associate will perform all of his/her business activities in a professional and ethical manner, which will enhance the Associate’s reputation and the positive reputation of NMVT. Associates will be courteous and respectful of every person contacted including employees and executives of the corporate offices of NMVT, and will conduct their business in a way as to respect the products, services and professionalism of NMVT and its other Associates. Any Associate found in violation of any provision could face disciplinary action.


SECTION 6 - SALES REQUIREMENTS


6.1 - PRODUCT SALES


  1. There are no sales or volume requirements with our products at any level. Many of our customers purchase our valuable product suite for the trainings, software, templates, plugins, etc to use for their own commerical and personal use with no intention of reselling.

6.2 - NO TERRITORY RESTRICTIONS

There are no exclusive territories granted to any Associate.


SECTION 7 - PRODUCT GUARANTEES, RETURNS, REFUNDS, CANCELLATIONS, AND INVENTORY REPURCHASE


7.1 - CANCELLATIONS AND RETURNS

There shall be absolutely no refunds granted at any time under any circumstance. If an Associate is unsure about purchasing the NMVT product library, or if purchasing our products puts the customer in a financial hardship, we ask that you not purchase our products at all. You may, however, cancel your monthly membership subscription at any time. Please understand that this policy is necessary because of our 100% direct-commission business model, and paying commissions directly to our independent associates. It is highly likely that NMVT will earn no money from your product purchase because of our business model; therefor we will not have any of your money in the first place. Again, if purchasing our products and services will put you into a financial hardship, or if you are unsure of the value of our complete product suite, please do not purchase. There are no refunds at any time.


SECTION 8 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS


9.1 - DISCIPLINARY SANCTIONS

Violation of the Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive or unethical business conduct by an Associate may result, at NMVT’s discretion, in one or more of the following corrective measures:
  1. Issuance of a written warning or admonition;
  2. Requiring the Associate to take immediate corrective measures;
  3. Withholding commissions and bonuses, and/or imposing fines, in an amount determined by NMVT at its sole discretion;
  4. Loss of rights to one or more bonus and commission checks;
  5. NMVT may withhold from an Associate all or part of the Associate’s bonuses and commissions during the period that NMVT is investigating any allegedly volatile conduct;
  6. Involuntary termination of the offender’s Associate Agreement;
  7. Any other measure expressly allowed within any provision of the Agreement or which NMVT deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Associate’s policy violation or contractual breach.

9.2 - GRIEVANCES AND COMPLAINTS

When an Associate has a grievance or complaint with another Associate regarding any practice or conduct in relationship to their respective NMVT businesses, the complaining Associate should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's Upline Sponsor. If the matter cannot be resolved, it must be reported in writing only and must bear the name and identification number of the party or parties submitting the formal complaint, to the NMVT Compliance Department via the back office ticketing system. No telephone calls will be accepted regarding such matters as documentation must be presented in writing both from the complaining party or parties and ultimately from the individual(s) cited for the possible policy violation. The Compliance Associate will review the facts and attempt to resolve it. If it is not resolved, it will be referred to the Dispute Resolution Board for final review and determination.

9.3 - DISPUTE RESOLUTION BOARD

The Dispute Resolution Board reviews evidence, deliberates, and responds to current outstanding issues on a collective basis. The purpose of the Dispute Resolution Board (“DRB”) is to: (1) review appeals of disciplinary sanctions; and (2) review matters between NMVT Associates that have not been resolved following referral to the Customer Service Department.
All communication with NMVT and the Associate(s) seeking resolution of a dispute must be in writing. It is within the DRB’s discretion whether a claim is accepted for review. If the DRB agrees to review the matter, it shall schedule a hearing within 15 (fifteen) days of receipt of the Associate’s written request. All evidence (e.g., documents, exhibits, etc.) that an Associate desires to have considered by the DRB must be submitted to NMVT no later than 7 (seven) business days before the date of the hearing. The decision of the DRB will be final and subject to no further review, except as provided in
SECTION 9.4 below. During the pendency of the claim before the DRB, the Associate waives his or her right to pursue arbitration or any other remedy.
Following issuance of a disciplinary sanction, the disciplined Associate may appeal the sanction to the DRB. The Associate's appeal must be in writing and received by the Company within 15 (fifteen) days from the date of NMVT’s notice of the disciplinary sanction. If the appeal is not received by NMVT within the 15 (fifteen) day period, the sanction will be final. The Associate must submit all supporting documentation with his or her appeal correspondence. If the Associate files a timely appeal of a disciplinary sanction, the DRB will review and reconsider the sanction, consider any other appropriate action, and notify the Associate in writing of its decision.

9.4 – ARBITRATION

Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Associates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the City of Melbourne Florida, unless the laws of the state in which an Associate resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own -- costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
Nothing in these Policies and Procedures shall prevent NMVT from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect NMVT’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
Notwithstanding the foregoing, the arbitrator shall have no obligation or jurisdiction over disputes relating to the ownership, validity or registration or any mark of other intellectual property or proprietary or confidential information of the Company, without the Company’s written consent. The Company may seek any applicable remedy in any applicable forum with respect to these disputes. In addition to monetary damages, the Company may obtain injunctive relief against an Associate in violation of the Agreement, and for any violation of misuse of the Company’s trademark, copyright, or confidential information policies.
Nothing in this rule shall prevent the Company from terminating the Associate Agreement. Nothing contained herein shall be deemed to give the arbitrator any authority, power, right to alter, change, amend, modify, add to, or to subtract from any of the provisions of the Policies or Procedures, Compensation Plan or the Associate Agreement.

9.5 - GOVERNING LAW, JURISDICTION AND VENUE

Jurisdiction and venue of any matter not subject to arbitration shall reside in Brevard County, State of Florida unless the laws of the state in which an Associate resides expressly require the application of its laws. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Florida shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which an Associate resides expressly require the application of its laws.


SECTION 10 - ORDERING


10.1 - PURCHASING NMVT PRODUCTS AND SERVICES

Each Associate should purchase his or her products and services directly from NMVT. If an Associate purchases products or services from another Associate or any other source, the purchasing Associate will not receive the commission that is associated with that purchase.


SECTION 11 - PAYMENT AND SHIPPING


11.1 - INSUFFICIENT FUNDS

It is the responsibility of each Associate to ensure that there are sufficient funds or credit available in his or her account to cover his or her purchases. NMVT will not contact Associates in regard to orders or services canceled due to insufficient funds or credit.

11.2 - RETURNED CHECKS

All physical checks returned by an Associate’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the Associate. After receiving a returned check from a customer or an Associate, , all future orders must be paid by Credit Card, money order or cashier’s check. Any outstanding balance owed to NMVT by an Associate for NSF checks and check fees will be withheld from subsequent bonus and commission checks.

11.3 - RESTRICTIONS ON THIRD PARTY USE OF CREDIT CARDS AND CHECKING ACCOUNT ACCESS

Credit card purchases or purchases made by personal/business checks may only be made by the individual to whom they have been assigned by the banking institution. Any Associate who uses another individual’s credit card or checking account to pay for purchases must submit a credit card/checking account authorization form to NMVT with the order. NMVT considers the unauthorized use of credit cards or checking accounts as fraudulent and will report such actions to the proper authorities for settlement. In addition the Associate involved may be subject to Suspension of Associate status pending resolution of the dispute.
An Associate shall not permit other Associates or customers to use his or her credit card, or permit debits to his or her checking accounts, to enroll or to make purchases from the Company.

11.4 - CREDIT CARD CHARGEBACKS

Under no circumstances will any Associate charge back any credit card purchase. Any associate who does so will immediately lose all credit card ordering privileges until the charges are replaced with certified funds. If an erroneous charge is applied to an Associate’s credit card, the Associate should immediately contact NMVT to initiate an investigation and resolution.


SECTION 12 - INACTIVITY AND CANCELLATION


12.1 - EFFECT OF CANCELLATION

So long as an Associate remains active and complies with the terms of the Associate Agreement and these Policies and Procedures, NMVT shall pay commissions to such Associate in accordance with the Marketing and Compensation Plan. An Associate’s bonuses and commissions constitute the entire consideration for the Associate's efforts in generating sales and all activities related to generating sales (including building a Downline organization). Following an Associate’s non-renewal of his or her Associate Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Associate Agreement (all of these methods are collectively referred to as “cancellation”), the former Associate shall have no right, title, claim or interest to the Marketing Organization which he or she operated, or any commission or bonus from the sales generated by the organization. An Associate whose business is cancelled will permanently lose all rights as an Associate. This includes the right to sell NMVT products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Associate’s former Downline sales organization. In the event of cancellation, Associates agree to waive all rights they may have, including but not limited to property rights, to their former Downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former Downline organization.
Following an Associate’s cancellation of his or her Associate Agreement, the former Associate shall not hold himself or herself out as a NMVT Associate and shall not have the right to sell NMVT products or services. An Associate whose Associate Agreement is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation.

12.2 - CANCELLATION DUE TO INACTIVITY

It is the Associate's responsibility to lead his or her Marketing Organization with the proper example in personal production of sales to End Consumers. Without this proper example and leadership, the Associate will lose his or her right to receive commissions from sales generated through his or her marketing organization.

12.2.1 - INSUFFICIENT FEE PAYMENT TO MAINTAIN ACTIVE REQUIREMENT

Associates who do not personally maintain their monthly $19.00 ABS fee for any calendar month will not receive commissions for the sales generated throughout their Marketing Organization for that month. If an Associate has not maintained his or her monthly fee requirement for any six consecutive months, his or her Associate Agreement shall be canceled for inactivity. The cancellation will become effective on the day following the last day of the sixth month of inactivity. If an Associate is inactive they will not be notified nor have the opportunity to approve or deny any Marketing Organization change request.
*If an associate becomes inactive for this reason they are not fulfilling the sponsor role and their down-line can request to be moved up the lineage to the next active sponsor in that line. No change of lineage is allowed.

12.3 - INVOLUNTARY CANCELLATION

An Associate’s violation of any of the terms of the Agreement, including any amendments that may be made by NMVT in its sole discretion, may result in any of the sanctions listed in
SECTION 9.1, including the involuntary cancellation of his or her Associate Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed, or delivered to an express courier, to the Associate’s last known address (or fax number), or to his/her attorney, or when the Associate receives actual notice of cancellation, whichever occurs first.

12.4 - VOLUNTARY CANCELLATION

A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing through the members back office ticket system. The written notice must include the Associate’s signature, printed name, address, and Associate I.D. Number. If an Associate is enrolled in the Grand Vacation Membership program, the Associate’s participation in such programs shall continue in force unless the Associate also specifically requests that his or her customer agreement(s) also be canceled.