Terms & Conditions
INDEPENDENT AFFILIATE TERMS AND CONDITIONS
I am of legal age in the state of my residency. I agree that I am an independent contractor responsible for determining my own business activities and not an agent or employee of AO Scan Mobile, hereafter referred to as Affiliate. I am responsible for the payment of all federal and state self-employment taxes and any other tax including sales tax that may be required under federal, state or regulating taxing agency.
I understand that this position does not constitute the sale of a franchise or of a distributorship and that I can purchase AO Scan products without becoming an affiliate. However, I understand that in order for me to qualify to purchase the products at the wholesale price that there is an annual enrollment fee of $95.00 in US dollars to participate as a wholesale Affiliate of AO SCAN MOBILE.
I further acknowledge and understand that the purchase of any product is optional and is not required of me in order to participate as an Independent Affiliate of AO SCAN MOBILE. I agree that as an AO Scan Mobile Independent Affiliate, I shall place primary emphasis upon the promotion and support for AO Scan Mobile Subscription programs for AO Scan Mobile Device, and the solicitation of non-AO Scan Mobile Affiliates, individuals, businesses and organizations as customers.
AFFILIATE understands that AO Scan Mobile Device is NOT a medical product nor is it registered with the FDA and that AO Scan Mobile Subscription Programs DO NOT diagnose, treat or cure any disease and that they will never promote either the device or the subscription programs in that way.
AFFILIATE’s residing in the states of Maine, North Dakota, Michigan, Indiana, Iowa and West Virginia are limited to $495 in initial purchases of AO Scan Mobile products from AO SCAN MOBILE during the first six months of AFFILIATE status.
In presenting AO SCAN MOBILE’s stated vision and mission I agree that such presentations shall be strictly according to the following format and that I will be terminated as an AFFILIATE if I fail to do so.
A. In each presentation given by the AFFILIATE the prospect shall be directly informed that an enrollment fee of $95.00 in US dollars will be charged by AO SCAN MOBILE to become a wholesale AFFILIATE of the AO SCAN MOBILE program and that its explicit purpose is to emulate the foundational principles of the AO SCAN MOBILE program.
B. I have carefully read, understood and agree to comply with AO SCAN MOBILE’s Terms and Conditions and Policies and Procedures. I further agree and understand that AO SCAN MOBILE’s Policies and Procedures are a binding part of this agreement. I understand that I must be in good standing and not in violation of any of the terms of this agreement in order to be eligible to receive any bonuses or commissions for AO SCAN MOBILE. The continuation of my AO SCAN MOBILE Independent Affiliateship or my acceptance of bonuses or commissions shall constitute my acceptance of the Terms and Conditions, the Policies and Procedures and any and all amendments pertaining to both.
C. In order to maintain a viable Marketing Program and to comply with the changes to federal, state and local laws and economic conditions, AO SCAN MOBILE may provide additional Terms and Conditions for affiliates from time to time, as well as to modify its AFFILIATE Compensation Program and Policies and Procedures. Such additional Terms and Conditions, Policies and Procedures and Referral Award Plan modifications, and all changes thereto, shall become a binding part of this Agreement upon publication on the official AO SCAN MOBILE website or other official AO SCAN MOBILE publications.
D. I understand that no Attorney General or other regulatory authority ever registers or reviews, endorses or approves any product, compensation program or AO SCAN MOBILE, and I will make no such claim to others.
E. I understand that none of the AO SCAN MOBILE’s products have been approved by the U.S. Food and Drug Administration (FDA) and the AO SCAN MOBILE has not made any claims that any of its products prevent, mitigate or treat any medical condition nor will they offer any therapeutic value.
In addition, none of the AO SCAN MOBILE’s products have been approved by the FDA. I agree to make no claims, implications or promises whatsoever verbally, in written form or through any sort of advertising that any of the AO SCAN MOBILE’s products can be used to prevent, mitigate or treat, or prevent any medical condition or shall they be used for any therapeutic purpose or value.
I further agree that I will not market or sell AO SCAN MOBILE’s products to anyone under the legal age defined by their state of legal residence or country.
In addition, I understand that I must verify that my enrollees are of the legal age in their state of residency.
I also agree that I will not make any claims, statements, or representations about AO SCAN MOBILE’s products that are not found on AO SCAN MOBILE’s websites or official marketing materials, or are not specifically approved by AO SCAN MOBILE.
I agree to indemnify AO SCAN MOBILE and hold it harmless in the event I make any such unapproved statements that result in government investigation, government or private litigation, claims, regulatory action, or any other adverse event relating to AO SCAN MOBILE or its products.
F. I understand that my position can be inherited or bequeathed, but cannot be transferred or assigned during my lifetime without written consent of AO SCAN MOBILE, which consent will not be unreasonably withheld. AO SCAN MOBILE may charge a $250.00 transfer fee.
G. This Agreement shall be in effect upon its receipt and acceptance by AO SCAN MOBILE at its Orem, Utah offices either in written form, by mail or email or through the AO SCAN MOBILE’s website by clicking the Terms and Conditions tab to confirm agreement.
H. I am responsible for supervising and supporting the AFFILIATES I refer or enroll into the program and in my commissionable down-line. I agree to maintain monthly communication and support to these AFFILIATES in my commissionable down-line by the way of any of the following or combination thereof: Personal contact, telephone communication, written communication, email and attendance at AFFILIATE meetings.
I. As an AFFILIATE of AO SCAN MOBILE, I will be provided a personalized, replicated website and a welcome kit that includes basic tools to help in my capacity as an AFFILIATE.
AO SCAN MOBILE provides the following fulfillment to its AFFILIATES:
Optional promotional materials fulfilled and shipped within sixty days of receipt of order and clearance of funds, subject to availability of items ordered.
Payment terms on AFFILIATE promotional material purchases and optional wholesale purchases are as follows: personal check, echeck, money order or major credit card with order.
Commissions are payable to AFFILIATES according to the current Compensation Plan which is incorporated herein by reference.
AO SCAN MOBILE will provide one year of optional, web-based, back office administration to all AFFILIATES for the first twelve months of their AFFILIATE status.
J. I agree to pay an annual wholesale membership renewal fee of $95.00 in US dollars to continue my status as an AFFILIATE in good standing with AO SCAN MOBILE. This fee will cover my renewal fee and also pay for my replicated website for the next 12 month period.
K. I will not make false, misleading or disparaging statements about AO SCAN MOBILE, its employees or founders, the compensation plan, AFFILIATE positions or AO SCAN MOBILE mission and vision. Display of commission checks, the making of income projections and use of income testimonials to prospective AFFILIATES is strictly prohibited. I will conduct myself as an AFFILIATE in a courteous, fair and ethical manner.
L. Change of original enroller is not permitted, without written approval of both the old and the prospective new sponsor and AO Scan Mobile. AFFILIATE and customer lists and names are owned by AO SCAN MOBILE and may never be used for any commercial or business purpose without prior written consent of the AO SCAN MOBILE.
M. I understand that promotional products purchased from the AO SCAN MOBILE could be manufactured and shipped from various locations worldwide and I accept shipping delays beyond the control of AO SCAN MOBILE. AO SCAN MOBILE will make its best effort to have all paid-in-full orders shipped within sixty days from the date of order and payment
N. I understand that any return of product in my down-line or customer base may result in a charge back against commissions or bonuses paid to me by AO SCAN MOBILE
O. I authorize AO SCAN MOBILE to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
P. I agree that I will be solely responsible for paying expenses incurred by myself, including but not limited to travel, food, lodging, secretarial office, telephone, cell phone and other expenses.
Q. I give permission to AO Scan Mobile to contact me by email or text messaging for reasons including, but not limited to AO SCAN MOBILE announcements, bonus programs and promotions, changes in policy, etc.
R. I understand that AO Scan Mobile may charge me a check fee of $5.00 for any payment made to me by AO Scan Mobile check or by wire transfer or by direct deposit. I further understand that AO Scan Mobile implements a minimum check amount of at least $25.00 before a payment will be made to me.
S. I understand and agree that I will not solicit another AO Scan Mobile Independent Affiliate or entity to join another network marketing opportunity offered by another AO Scan Mobile during the term of my AO Scan Mobile Independent Affiliateship and for a period of one year after. Violation of this AO Scan Mobile policy may result in immediate termination. In addition, I may be subject to injunctive relief including possible civil penalties and monetary damages for engaging in such conduct.
T. I understand that AO SCAN MOBILE provides me with a replicated website for the promotion of my AO Scan Mobile business. I agree that I will not use the replicated website for any purpose other than the promotion of my AO Scan Mobile Independent Affiliateship. I further understand and agree that I will not use the AO Scan Mobile name, logo, pictures or trademarks as part of a website or URL that I either own or am associated with. In addition, I agree not to use the AO SCAN MOBILE name, logo, pictures, trademarks or any of the AO SCAN MOBILE’s published written content to optimize any other website position in a search engine search (other than the AO SCAN MOBILE provided replicated website). I further understand that doing any of the above may cause financial harm to AO SCAN MOBILE which may result in me being required to pay damages to AO SCAN MOBILE for such actions and may also result in termination of my status as an AFFILIATE of AO SCAN MOBILE.
U. I understand and agree that I will not market or promote any outside service or product to any other AO SCAN MOBILE AFFILIATES. These include but are not limited to internet capture pages, and sales leads. It is further understood that in the course of my status as an AFFILIATE of AO SCAN MOBILE, I may produce marketing tools to assist my downline organization to grow their AO SCAN MOBILE Independent Affiliateship. In doing so, I agree that such marketing tools must first be approved by AO SCAN MOBILE in writing and I will not charge for any such marketing tools at any time. Further to this, I understand that although I am allowed to conduct independent training events for AO SCAN MOBILE, I may charge an admission fee for such events, however I will not charge more than necessary to cover my expenses and will not make a profit in doing so.
V. I understand that if I fail to comply with the terms of this agreement or Policies and Procedures of AO SCAN MOBILE or any part of this agreement, AO SCAN MOBILE, at its discretion, may terminate my Independent Affiliateship or impose upon me other disciplinary action, including but not limited to, forfeiture of bonuses and commission, loss of all or part of my down-line marketing organization or customer base list. If I am in breach, default or violation of the agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales of such bonuses or commissions have been completed. If this agreement is terminated for any reason, I will forever lose my rights as an AFFILIATE, including rights to my down-line marketing organization and customer base list, and rights to compensation pursuant to AO SCAN MOBILE’s Marketing and Compensation Plan. If I wish to disassociate myself with AO SCAN MOBILE and cancel my Independent Affiliateship, I may not be eligible to rejoin the AO Scan Mobile for a period of 12 (twelve) months.
W. This Agreement is governed under the Laws of the State of Utah. The Parties agree that any claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association with arbitration to be held in Orem, Utah.
X. The term of this agreement is one year (subject to prior cancellation as provided in the Terms and Conditions and Policies and Procedures). If I fail to annually renew my AO Scan Mobile Independent Affiliateship, or if it is cancelled or terminated for any reason, I understand that I will permanently lose all rights as an AFFILIATE. I shall not be eligible to sell AO SCAN MOBILE’s products and/or services, nor shall I be eligible to receive royalties, bonuses or other income resulting for the activities of my former down-line sales organization or customer base list. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former down-line organization or customer base list and customer base list and to any bonuses, commissions or other remuneration derived through the sale sand other activities of my former down-line organization and customer base list. AO SCAN MOBILE reserves the right to terminate all Affiliate Agreements upon 30 days notice if AO SCAN MOBILE elects to:
(1) cease business operations;
(2) dissolve as a business entity; or
(3) terminate distribution of its products and/or services via direct selling channels.
AFFILIATES MAY CANCEL THIS AGREEMENT AT ANY TIME, AFTER THE FIRST 90 DAY PERIOD, AND FOR ANY REASON, UPON WRITTEN NOTICE TO AO SCAN MOBILE.
Cancellation notice as it pertains to a refund of my enrollment fee, product purchases and marketing materials purchases: I understand that I may cancel my enrollment fee transaction, without penalty or obligation, for a full refund, within ten (10) business days from the date of this Agreement, exclusive of the date of signing or if processed electronically the date this Agreement is submitted to AO Scan Mobile for processing. I understand that if I cancel after the ten (10) day period, I am not entitled to a full refund. This limitation is not applicable in Georgia or if superseded by any state law. If I cancel within the ten (10) business days from the date of this Agreement, any payments made by me under this Agreement and any instrument executed by me will be returned within ten (10) business days following receipt by AO Scan Mobile of my Cancellation Notice. To cancel this Agreement, I must mail, via registered or certified mail, return receipt requested, or deliver personally with proof of signed receipt to AO Scan Mobile a signed, dated copy of a Notice of Cancellation, to:
AO Scan Mobile,
215 S. Mountainlands Drive
Orem, Utah 84058
I understand that, due to the nature of the AO Scan Mobile Compensation Plan, all purchases of Mobile Devices are subject to a 25% cancellation fee. I further understand that product may not be returned for credit if it is opened from its original, sealed packaging or if it is past its shelf life unless AO SCAN MOBILE allows otherwise. I also agree that any request for return of goods must first be approved by AO SCAN MOBILE prior to its return and all shipping charges for the return of goods must be prepaid by Affiliate (me) for delivery back to AO SCAN MOBILE. Credits against a return will not include any shipping and handling charges that were paid by me when I originally purchased the goods. It is also agreed that due to the unique nature of AO Scan Mobile products and services, I understand that as an AFFILIATE, there are inherent risks in conducting business and I will not hold AO Scan Mobile liable for actions that may occur outside of the control of AO Scan Mobile. I understand that if any such actions occur, none of the AO Scan Mobile products in my possession, whether gained through purchase or otherwise, will be eligible for refund or return. These actions include, but are not limited to, governmental intervention (foreign or domestic), media reports regarding our products or similar products offered in the market place, acts of nature, acts of war, acts of conflict or trade dispute. Furthermore, I understand that, under the actions listed above, no AO Scan Mobile marketing or promotional products in my possession will be eligible for return or refund.
Cardholder's Responsibilities: It is understood and agreed by you that you will not use your credit card in any way that is contrary to the laws of the United States or the United Kingdom. You further agree that your use of your credit card relative to conducting any business with the AO SCAN MOBILE or purchasing any product or services binds you to the agreement between you and your credit card holder and the laws that are applicable for credit card use in the United States and the United Kingdom. In order to maintain a viable marketing program AO SCAN MOBILE reserves the right to enforce a stop-loss mechanism that prohibits commission payouts from exceeding eighty percent (80%) of the compensation plan allocated revenues received within a monthly commission period. Non-internet accessible literature and sales aids and promotional products are subject to return and 90% refund within 30 days of purchase. (1 year in New Mexico, and Montana; purchases within 1 year prior to termination of AFFILIATE status in Wyoming; no time limitation in Massachusetts as to Wholesale Purchase made for commission qualification.) I understand that failure to comply with the above AO SCAN MOBILE Terms and Conditions and Policies and Procedures may result in the termination of Agreement and/or AO SCAN MOBILE’s Terms and Conditions and Policies and Procedures, AO SCAN MOBILE may suspend my AFFILIATE status and any payments due to me may be escrowed until final resolution has been achieved. I acknowledge that in the event of my violation of this Agreement and/or AO SCAN MOBILE’s Terms and Conditions and/or Policies and Procedures, my AFFILIATE rights may be terminated without further commission or payments of any kind. I agree to indemnify and hold AO SCAN MOBILE, its directors, officers or employees harmless from any and all claims, damages or expenses (including attorney fees) that may arise out of my actions or conduct in violation of this Agreement. I acknowledge AO SCAN MOBILE’S Compensation Program is based on current products and is subject to change without notice. © AO Scan Mobile. All rights reserved. Policies and Procedures Policies and Procedures, The Compensation Plan, and the Terms and Conditions are Incorporated into Affiliate Agreement: These Policies and Procedures as presented here and as amended from time to time at the sole discretion of AO Scan Mobile, are incorporated into, and form an integral part of, the AO Scan Mobile Affiliate Agreement, Compensation Plan and Terms and Conditions. Throughout these Policies and Procedures, when the term “Agreement” is used, it collectively refers to the AO Scan Mobile Affiliate Application, the AO Scan Mobile Policies and Procedures, The AO Scan Mobile Compensation Plan and the AO Scan Mobile Terms and Conditions. It is the responsibility of each Independent Affiliate 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 enrolling a new Independent Affiliate, it is the responsibility of the enrolling Independent Affiliate to provide the most current version of these Policies and Procedures, the AO Scan Mobile Terms and Conditions and the AO Scan Mobile Marketing and Compensation Plan to the applicant prior to his or her execution of the Affiliate Agreement. AO Scan Mobile reserves the right to change these Policies and Procedures, Terms and Conditions, Compensation Plan and Marketing Policy at any time.
AO SCAN MOBILE conducts business in an ethical and credible manner and requires its Independent Affiliates to deal ethically with their customers, with each other and with AO SCAN MOBILE. AO SCAN MOBILE permits no unethical or illegal activity and will intercede when such behavior may exist, and the AO SCAN MOBILE reserves the right to use its best judgment in deciding whether certain Independent Affiliate activities are unethical. Furthermore, AO SCAN MOBILE may use its own discretion in determining the appropriate course of action. If AO SCAN MOBILE determines that unethical activities may exist, then it reserves the right to suspend or terminate Independent Affiliate status, including but not limited to all commissions and payments of any kind. Under no circumstances is an Independent Affiliate who is terminated for unethical or illegal activity entitled to a refund of their renewal fee, nor are they entitled to sell or transfer their position. Examples of unethical behavior include but are not limited to the following:
Making any false or misleading remarks, statements, innuendos or rumors that may disparage AO SCAN MOBILE, its products or services, its compensation plan, its employees, its founders or another AO SCAN MOBILE Independent Affiliate.
Making any medical or homeopathic or therapeutic claims about AO SCAN MOBILE’s products.
Making the claim that the AO SCAN MOBILE’s products can be used diagnose, treat or cure any disease.
Making any claim regarding the AO SCAN MOBILE’s products that are not found on the AO SCAN MOBILE’s current websites or official, current marketing material.
Making unapproved income claims or revealing the amount of income you are or have received through the AO SCAN MOBILE or other network marketing opportunities that you may or may not have been involved in currently or previously.
Re-labeling, altering in any way or repackaging any of the AO SCAN MOBILE’s products The AO SCAN MOBILE’s products are to be sold in their original packaging only.
Directly or indirectly disclosing any information in your back office to a third party other than an official AO SCAN MOBILE authorized employee for the purpose of assisting you with a specific issue that is related to your AO Scan Mobile Independent Affiliateship.
Use any of the information in your back office or activity report in a manner to influence another AO Scan Mobile Independent Affiliate to alter their relationship with AO Scan Mobile in any way.
Use the information in your back office or activity report to compete with AO SCAN MOBILE in any way.
Providing, selling or revealing any customer lists and/or their contact information that appears in your activity report or downline report to a third party. This includes the customer lists and/or their contact information that belongs to AO SCAN MOBILE or appears in any other Independent Affiliate’s activity report or downline report.
Directly or indirectly disclosing the password or other access code to your back office or activity report.
Use of another person’s credit card without express written permission.
Forging any signature on any document.
Depositing any check made out to AO SCAN MOBILE into another account instead of immediately forwarding it to AO SCAN MOBILE.
Any unauthorized use of AO SCAN MOBILE’s name, logos, photos, videos, trademarks or copyrighted material in any way or fashion.
Violation of any state or federal laws or regulations.
Competing with AO SCAN MOBILE’s products or services directly or indirectly through association with another business or through your own personal efforts.
Aggressive or abusive language, behavior or treatment or any inappropriate behavior toward any AO SCAN MOBILE employee, founder or another AO SCAN MOBILE Independent Affiliate Insurance AO SCAN MOBILE does not extend coverage under any of its polices or products to Independent Affiliates. If you use your personal property (such as your car or computer, home, etc.) for business use, such property may not be covered for loss or damage. Recruiting Cross-line recruiting: An Independent Affiliate may not solicit an individual or entity that has been previously sponsored by another AO Scan Mobile Independent Affiliate (or that is considering joining AO SCAN MOBILE and being sponsored by another Independent Affiliates) to join their AO Scan Mobile business as their direct enrollee. The Independent Affiliate may not solicit an AO Scan Mobile Independent Affiliate or entity to join another network marketing opportunity offered by another AO Scan Mobile during the term of their AO Scan Mobile Independent Affiliateship and for a period of one year after unless it is partially owned or officially associated with AO Scan Mobile. Violation of this AO Scan Mobile policy may result in immediate termination.
B. Cash or Monetary Incentives
AO SCAN MOBILE strictly prohibits Independent Affiliates from offering cash or monetary incentives, promotions, prizes or bonuses to members of their downline or upline organizational members, or customers as a method of influencing customer acquisition. To eliminate cross-line recruiting practices, the AO SCAN MOBILE strictly prohibits the use of cash or monetary incentives/promotions/prizes/bonuses for purposes of recruiting new Independent Affiliates. AO SCAN MOBILE has put in place a specific sales model and strongly encourages its Independent Affiliates to promote customer acquisition and recruiting by adhering to this sales model.
C. Territorial Rights/Conducting Business Across International Borders
Independent Affiliates can market services and products and sponsor new Independent Affiliates in any country where AO SCAN MOBILE conducts business, without exclusivity. Independent Affiliates may only promote AO SCAN MOBILE in countries where AO SCAN MOBILE currently operates. Independent Affiliates conducting business in foreign countries must adhere to AO SCAN MOBILE Policies and Procedures governing activities in that country. Furthermore, compensation will be based on the current Compensation Plan of that specific country and be subject to conversion to U.S. funds. Independent Affiliates are responsible for knowing and adhering to all laws and accepted business practices in the countries they choose to market. This includes but is not limited to customs and immigration laws and accepted marketing practices. Canadian Independent Affiliates are restricted from selling AO Scan Mobile products in a retail environment or establishment. AO Scan Mobile products sold in Canada must be for sold for personal consumption only. Canadian Independent Affiliates are prohibited from placing ads for the sale of the product for retail sales.
D. Qualification Requirements for Payment
AO SCAN MOBILE offers a variety of different ways that allows the Independent Affiliate to earn income through its Compensation Plan. Some of these payment plans require that the Independent Affiliate be Qualified. Qualification requirements are defined in the Compensation Plan. It is the responsibility of the Independent Affiliate to continually check to make sure that they are qualified for each individual pay plan that requires qualifications. AO SCAN MOBILE will not be obligated to pay for any pay plan when an Independent Affiliate falls out of qualification. Marketing Advertising Policy AO Scan Mobile offers a variety of different marketing tools that are provided by AO Scan Mobile to help you build your business. These materials such as brochures and business cards are available through your replicated web site. There are those Independent Affiliates who prefer to use their own materials or create materials for certain special events. In the event that this is the case, we have outlined our policy and procedures for personalized marketing materials. AO Scan Mobile requires that all personalized marketing material be approved, in writing by AO SCAN MOBILE before an Independent Affiliate can DISTRIBUTE such material. Any request from an Independent Affiliate must be in writing and include the following: · Independent Affiliate Name · Independent Affiliate AFFILIATE Number · Address and telephone number · The complete copy or material that you wish to submit
· When you will use the material
· Where it will be distributed
· How you will distribute the material
Please email this request to: email it to firstname.lastname@example.org
Once the materials are received, please allow 3 to 5 business days for processing. If you have not received a response in this time, please contact us (385) 203-0033, ext 1008 or email us back at email@example.com.
Under no circumstances may an Independent Affiliate place an ad to promote AO SCAN MOBILE’s Products and/or Compensation Plan in a national publication without prior, written approval from AO SCAN MOBILE. Canadian Independent Affiliates are prohibited from selling AO Scan Mobile products in a retail environment and are prohibited from advertising the sale of AO Scan Mobile products for retail sales.
General Rules · Always introduce and refer to yourself as an Independent Affiliate. You must never give the impression that you represent AO SCAN MOBILE in any way as an employee or official agent.
· The use of AO Scan Mobile’s logos and trademarks or service marks is strictly forbidden without prior, written approval from AO SCAN MOBILE.
· Make sure that when you design the material, it clearly shows that it is coming from you as an Independent Affiliate and not produced by AO Scan Mobile in any way shape or form.
· You may use AO SCAN MOBILE written information that is commonly found in our current marketing materials but may not do so word for word without prior, written approval from AO SCAN MOBILE as our materials are protected by copyright laws .
· You must never make any promises of income.
· You must never make any statement that implies or says directly that our products will cure, prevent or mitigate any medical ailments or offer any therapeutic benefit.
· You are prohibited from using the words, “safe,” “safer”, “health,” “healthy,” “healthier,” or a health claim to describe or market any of our products, or choose these words as part of your AO Scan Mobile username, or choose them as part of your replicated website address or any other website or website address associated with our products or brands or trademarks. An acceptable term to describe our products is “logical.”
· You must always include on all your advertising of any form the following disclaimer: AO Scan Mobile products have not been evaluated by the Food and Drug Administration. AO Scan Mobile and there products do not mitigate, cure or treat any medical condition nor do they offer any therapeutic value. To purchase AO Scan Mobile products or sign up as an Independent Affiliate, you must be 18 or older.
You are free to sell a unit at whatever price you choose, however, you are encouraged to offer your AO Scan service at the recommended prices listed in your AO Scan Mobile starter kit. You are restricted from publishing any price other than our current retail price. Business Cards If you choose not to use the business cards produced by AO Scan Mobile, you must then follow the following procedures:
· You may use the AO Scan Mobile logo and the AO Scan Mobile name.
· Refer to yourself as an Independent Affiliate.
· Do not use any terms that imply any medical ailment or offer any therapeutic value.
· Do not make any promises of income.
· Do not use the terms “safe,” “safer,” “better,” “health”, “healthier”.
F. The Promotion of International Expansion
AO Scan Mobile has plans to enter into the international world by marketing our products into other countries. It is important to point out that every country has its own established rules and regulations that companies must follow in order to market their products. The process can be very precise. It is therefore important that all Independent Affiliates of AO Scan Mobile refrain completely from trying to market our product in other countries at this time. AO Scan Mobile will announce to our Independent Affiliates as we receive individual approvals to market our products, one country at a time. Upon those announcements, Independent Affiliates will then be allowed to market our product in those countries. In keeping with this policy, Independent Affiliates must:
· Not market our product or opportunity to anyone in a country that is not approved by AO Scan Mobile. · Not market in any form to prospects in a country that is not approved by AO Scan Mobile. When developing personal marketing materials for any country that is approved by AO Scan Mobile, please refer to the appropriate guidelines AO SCAN MOBILE sets forth for that particular country. Direct Mail Pieces, Fliers and Brochures Independent Affiliates will not be allowed to substitute their names on any materials that have been previously approved for other Independent Affiliates. Photocopying of any marketing materials provided by AO Scan Mobile, Inc. is not permissible, however, Independent Affiliates my print any current material that is provided by AO Scan Mobile off of our website.
AO Scan Mobile does not permit Independent Affiliates to send unsolicited e-mails. Any e-mail sent by an Independent Affiliates that promotes AO Scan Mobile, AO Scan Mobile Opportunity, or AO Scan Mobile products and services must comply with the following:
• There must be a functioning return e-mail address to the sender that includes a request that future e-mail solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
• The use of deceptive subject lines and/or false header information is prohibited.
• All opt-out requests, whether received by e-mail or regular mail, must be honored.
• All emails sent that promote AO Scan Mobile, its Opportunity or products, must adhere to all the other marketing and advertising guidelines in this policy.
H. Trademarks and Copyrights
AO SCAN MOBILE will not allow the use of its trade names, trademarks, designs, photos, videos, audio recordings or symbols by any person, including a AO SCAN MOBILE Independent Affiliate, without its prior, written permission. Independent Affiliates may not produce for sale or distribution any recorded AO Scan Mobile events and speeches without written permission from the AO SCAN MOBILE; nor may Independent Affiliates reproduce for sale or for personal use any recording of AO Scan Mobile-produced audio or video tape presentations.
I. Media and Media Inquiries
Independent Affiliates must not attempt to respond to media inquiries regarding AO SCAN MOBILE, its products or their independent business. All inquiries by any type of media must be immediately referred to AO SCAN MOBILE Public Relations Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
J. Return of Inventory and Sales Aids by Affiliates
AO Scan Mobile does it best to cooperate with requests for the return of goods and marketing materials (also known as sales aides). In the interest of protecting this opportunity for all of our customers and Independent Affiliates, certain guidelines must be put in place to insure that credits are handled properly and expeditiously. Any request for return of goods or marketing materials must first be approved by AO SCAN MOBILE in writing with a valid RMA Number prior to its return and all shipping charges for the return of goods and marketing materials must be prepaid by the AFFILIATE for delivery back to AO SCAN MOBILE. Any goods or marketing materials returned to AO Scan Mobile by an AFFILIATE or customer without prior, written approval in the form of an RMA Number prior to the shipment of the return, can not be credited by AO Scan Mobile. Credits against a return will not include any shipping and handling charges that were paid by the AFFILIATE when they originally purchased the goods or marketing materials. Upon cancellation of an Independent Affiliate’s Agreement, the Independent Affiliate may return AO SCAN MOBILE products and sales aids for a refund if he or she is unable to sell or use the merchandise, provided that they fall within the conditions allowable for a return and if they fall within the time frame allowable for their return. An Independent Affiliate may only return products and sales aids if they are: purchased and paid for by him or her, in resalable condition, unopened in its original sealed packaging, still within its shelf life, returned within it’s allowable time frame for return, purchased within one year of the date of their termination as an AO Scan Mobile Independent Affiliate, unless the law of the state in which the Independent Affiliate lives mandates a longer period of time.
Please note that the allowable time for the return of theIr AO Scan Device is fifteen (15) days. The allowable time frame for return for credit on supplements is thirty (30) days from its date of purchase. The allowable time frame for return for credit on INNERgy products and all other products is sixty (60) days from their date of purchase.
All other products and sales aids must be returned to AO SCAN MOBILE within thirty (30) days of the date of termination. Upon receipt of the products and sales aids, the Independent Affiliate will be reimbursed 75% - 90% of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit or debit card, the refund will be credited back to the same credit or debit account. AO SCAN MOBILE shall deduct from the reimbursement paid to the Independent Affiliate any commissions, bonuses, rebates or other incentives received by the Independent Affiliate which were associated with the merchandise that is returned. Upon confirmed “written” receipt of the product at AO SCAN MOBILE’S warehouse, AO SCAN MOBILE will handle returns and refunds within 7 business days. Please allow at least two weeks to see the credit appear on your bank statement. Any return of product in the downline will result in a charge back against commissions or bonuses paid by AO SCAN MOBILE to any relevant Independent Affiliate. The return of Auto-ship or Unilevel purchases can not be returned by an AFFILIATE in an attempt to circumvent their monthly qualification requirements. Further, AO Scan Mobile reserves the right to disallow any return for credit that was made in an apparent attempt to circumvent any qualification, commission or bonus plan that AO Scan Mobile has offered. The Return of Goods from AO Scan Mobile Retail Customers: (Please note: These terms relate to AO Scan Mobile Retail Customers only. The terms as they relate to the credit and return of goods for AO Scan Mobile Independent Affiliates do not apply here and can be viewed in the current AO Scan Mobile Policies & Procedures / Terms & Conditions). Any request for return of goods by an AO Scan Mobile retail customer must first be approved by AO SCAN MOBILE in writing with a valid RMA Number prior to its return and all shipping charges for the return of goods must be prepaid by the customer for delivery back to AO SCAN MOBILE. Any goods returned to AO Scan Mobile by a retail customer without prior, written approval in the form of an RMA Number prior to the shipment of the return, can not be credited by AO Scan Mobile. Credits against a return will not include any shipping and handling charges that were paid by the retail customer when they originally purchased the goods. A retail customer may only return goods if they are: purchased and paid for by him or her directly through AO Scan Mobile through one of AO Scan Mobile’s websites, in resalable condition, unopened in its original sealed packaging, still within its shelf life, returned within it’s allowable time frame for return, (unless the law of the state in which the retail customer lives mandates a longer period of time).
Please allow at least two weeks to see the credit appear on your bank statement.
K. Meetings” and Private Business Receptions,
As they are valuable educational tools when held properly with both professionalism and integrity. Under no circumstances are any type of meeting/training session intended to provide any additional income stream to those who are sponsoring the events, and must be offered as non-profit activities at all times. All Regionals, "Super Saturdays,” private marketing events, or on-line webinars must be submitted to AO SCAN MOBILE for approval in conjunction with the current terms of hosting such events. Events that do not receive prior approval will be considered operating outside of AO SCAN MOBILE’s approval and philosophy and will not be promoted or endorsed by the AO Scan Mobile in any manner. Attendance at AO SCAN MOBILE events is not a requirement for being an Independent Affiliate, nor a prerequisite for success in this business.
AO SCAN MOBILE reserves the right to pursue the remuneration of any legal or operational fees or the recovery for any damages as a result of any policy violation by AO SCAN MOBILE Independent Affiliates. AO SCAN MOBILE also reserves the right to recoup such costs from future bonuses, commissions or other payments. Further Limitations AO SCAN MOBILE reserves the right to limit or disallow any marketing activities that cast negative aspersions on the integrity, truthfulness, and/or reputation of AO SCAN MOBILE.
M. Transfer/Disposition of Independent Affiliates Business
An Independent Affiliate’s position can be inherited or bequeathed, but cannot be transferred or assigned during his or her lifetime without written consent of the AO SCAN MOBILE, which consent will not be unreasonably withheld. AO SCAN MOBILE may charge a $250.00 transfer fee. Upon the death or incapacity of an Independent Affiliate, or of its principals, the rights to the commission and marketing position shall pass to the designated successor, provided said successor complies with all the terms of AO SCAN MOBILE agreement, AO SCAN MOBILE’s Policies and Procedures and fulfills the duties and obligations required of an Independent Affiliate. In the case of a transfer to an existing Independent Affiliate, or to an individual listed as a partner/shareholder/trustee in an existing Independent Affiliate status, the individual will need to contact AO SCAN MOBILE to discuss his/her options in either maintaining the status or transferring it. If the transfer is of a temporary nature (i.e. the Independent Affiliate is temporarily incapacitated), the subsequent activation and deactivation will likewise be temporary.
(a) The Independent Affiliate acknowledges that during the course of the performance of this Agreement, he or she will be provided or will be exposed to or will have access to personal information and that such personal information is confidential. The Independent Affiliate agrees that such Personal Information will be collected, used and disclosed only for the purposes for which it was collected and only in relation to the provision of AO SCAN MOBILE’s services or products or this Agreement, The Independent Affiliate will safeguard such Personal Information by appropriate means and not, other than as required in relation to the provision of AO SCAN MOBILE’s services or products, disclose, transfer, sell, assign, publish or otherwise make available any Personal Information for his/her own use or the use of any other third party except where disclosure may be required to comply with a subpoena, warrant, or court order, or if requested by a government institution which has the lawful authority to obtain the Personal Information, or if otherwise required by law.
(b) Upon reasonable request, the Independent Affiliate shall provide AO SCAN MOBILE access to, and the right to inspect, any or all Personal Information collected, used or disclosed by the Independent Affiliate during the course of the Agreement;
(c) The Independent Affiliate shall, at the prior written request of AO SCAN MOBILE, promptly return any Personal Information and all copies thereof in any form whatsoever under their power or control to AO SCAN MOBILE, and delete or destroy the personal information from all retrieval systems and databases as directed by AO SCAN MOBILE and furnish to AO SCAN MOBILE a certificate by the Independent Affiliate or its legal representative that the deletion or destruction has occurred.
(d) The Independent Affiliate agrees to co-operate with AO SCAN MOBILE in any regulatory investigation or in any internal investigation regarding any alleged privacy breach or complaint.
(e) In order to ensure the special integrity of Independent Affiliates’ personal information, and to protect Independent Affiliates positions from unauthorized access, AO SCAN MOBILE asks that all Affiliates adhere to the following procedures:
· Only new Independent Affiliates shall complete and sign an Independent Affiliates Agreement, or complete the Affiliates sign-up process on AO SCAN MOBILE website.
· Only new Independent Affiliates shall complete the online Independent Affiliates Agreement.
· An Independent Affiliate’s upline or enroller should not complete any agreement on behalf of the Affiliates, or obtain account information, including position numbers and passwords.
· Independent Affiliates account information and passwords should not be accessed by, or provided to anyone but the Independent Affiliate whose name appears on the Independent Affiliate Agreement.
The rules and regulations outlined in this document are intended to protect AO Scan Mobile opportunity for all involved. Please follow the Terms and Conditions as well as the Policies and Procedures as set forth here to insure that you are in compliance. Please note that any infraction of these rules and regulations may result in suspension or immediate deactivation/termination of your status as an AO Scan Mobile Independent Affiliate. It is the goal of AO SCAN MOBILE to introduce our products to as many retail customers as possible with the purpose in mind of offering them a logical alternative. Coupled with this is our desire to help others achieve financial reward for being involved with us as an Independent Affiliate. AO SCAN MOBILE desires to develop a long term, stable relationship of mutual respect, trust and integrity with our Independent Affiliates. By assisting our Independent Affiliates in achieving their goals and dreams, AO SCAN MOBILE’s goal of establishing a long lasting team will be realized.