Code Of Ethics
As a BVN Independent Representative:
- I will constantly strive to build my business on a foundation of integrity, respect and responsibility.
- I will, to the best of my ability, protect the reputation and image of BVN, LLC. with honor, transparency and consistency.
- I will uphold, support and advocate BVN's Policies & Procedures, as well as the intent in which they were written.
- I will not engage in any unlawful, unethical or deceptive consumer or recruiting practice that may reflect poorly on BVN, LLC.., the direct sales industry or me.
- I will continually strive to represent BVN's products and services to my customers and prospective Independent Representatives realistically, never misleading or making false claims. All claims, representations or statements that I make will be only those included in the BVN literature.
- I will fulfill commitments I make to my customers, fellow Independent representatives and BVN Company.
- I will communicate the BVN marketing opportunity to prospects with the highest level of integrity and honesty. I will not misrepresent actual or potential sales earnings. I realize that an individual's success is accomplished through his or her own individual efforts.
- I will maintain a basic loyalty and professionalism to the direct selling industry as a whole and to BVN, in no way discriminating against others or engaging in criticism of other direct selling companies.
- I will abide by local, state and federal laws, as well as BVN's Policies & Procedures as they may be amended from time to time.
- I will uphold BVN's Code of Ethics and BVN's Policies & Procedures. I will not attempt to persuade or compel another party to breach the aforementioned ethical statements. I realize that any such action is considered a violation of this Code of Ethics.
BVN'S RULES AND POLICIES:
- No membership sign-up fee is required.
- Each member can directly sponsor 10 members directly, and the Company will pay commission 5 level deep.
- Percentage of commission is calculated between 0.1% to 10% accordingly per level. (see chart) *
- Member can also receive personal direct discount on purchases between 1% to 20% when credit can be put into their Wallet-account.*
- Member can earn commission of their downline purchases (see commission chart below) without requirement of personal monthly purchase. However, company reserves the right to modify this term in the future by giving notice by emails.
- Monthly minimum earned commission can be self managed via debit card set-up system.
- If no personal sale/purchase is made for 6 consecutive months, membership is considered removed out of the system. Company reserves the right to replace that vacant spot or to modify the extension accordingly.
- To be qualified as a member, one must be at least 18 years of age. A member can be a person and/or a legal entity (SS# or EIN#).
*Company reserves the right to modify the terms and percentages accordingly with notice.
|Member||% of Commission|
|Direct referral-1||10||From 0.1% to 10%|
|Indirect referral-2||100||From 0.1% to 10%|
|Indirect referral-3||1000||From 0.1% to 10%|
|Indirect referral-4||10000||From 0.1% to 10%|
|Indirect referral-5||100000||From 0.1% to 10%|
|Company pays commission: 10-wide and 5-levels deep|
|Member's Cash Reward may vary between 0.5% to 20%.|
|Note: All commission and discounts based on selling price|
- BVN'S Marketing Policies are the rules and regulations governing how an Independent Representative ("IR") may advertise and promote his/her BVN Relationship marketing business.
- Before becoming an IR, an applicant must take the time to read this document carefully and fully, So that an IR may understand the rules regarding the advertising and promotion of BVN's product lines, services and opportunity. This document is incorporated by reference into the BVN Agreement, which means that when a new IR signs that document, he/she agrees to abide by each and every one of these rules.
- BVN reserves the right to change the Marketing Policy from time to time. In order to be sure that you are in compliance with the rules in place, all IRs should regularly check for announcements and changes at www.BellaVieNetWork.com. Those changes will be deemed to be agreed upon by each IR as an ongoing obligation undertaken in the initial contract.
- If an Independent Representative has questions about the BVN Marketing Policy or believes a BVN IR is in violation of the Policy, please contact the Compliance Department at the BVN home office at Support@Bellavienetwork.com.
- All IRs shall safeguard and promote the good reputation of BVN and its products and services.
- When promoting BVN's products, services and opportunity, IRs must use the sales tools and support materials produced by BVN. The Company has carefully designed its products, product labels, Compensation Plan and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated and that the materials comply with the legal requirements of federal and state laws.
- Recruited members are expected to read and sign the understanding of the membership's terms and conditions and to abide by them.
Policies And Procedures
STATEMENT OF POLICIES and PROCEDURES
TABLE OF CONTENTS
SECTION 1 – COMPANY MISSION STATEMENT.. 1
SECTION 2 - INTRODUCTION.. 1
2.1 - Policies and Compensation Plan Incorporated into Member Agreement. 1
2.2 - Changes to the Agreement. 1
2.3 - Policies and Provisions Severable. 2
2.4 - Waiver.. 2
SECTION 3 - BECOMING A MEMBER.. 2
3.1 - Requirements to Become a Member.. 2
3.2 - Product Purchases. 2
3.3 - Member Benefits. 2
3.4 - Term and Renewal of Your Bella Vie Network Business. 3
SECTION 4 - OPERATING A Bella Vie Network BUSINESS. 3
4.1 - Adherence to the Bella Vie Network Compensation Plan.. 3
4.2 - Advertising.. 3
4.2.1 - General 3
4.2.2 - Trademarks and Copyrights. 4
4.2.3 - Media and Media Inquiries. 4
4.2.4 - Unsolicited Email 5
4.2.5 - Unsolicited Faxes. 5
4.2.6 - Telephone Directory Listings. 5
4.2.7 - Television and Radio Advertising. 6
4.2.8 - Advertised Prices. 6
4.3.0 - Online Conduct. 6
4.3.1 - Online Classifieds. 6
4.3.2 - eBay / Online Auctions. 6
4.3.3 - Online Retailing. 6
4.3.4 - Spam Linking. 6
4.3.5 - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.) 7
4.3.6 - Domain Names and Email Addresses. 7
4.3.7 - Social Media. 7
4.4.0 - Business Entities. 8
4.5.0 - Change of Sponsor.. 8
4.6.0 - Waiver of Claims. 8
4.7.0 - Unauthorized Claims and Actions. 9
4.7.1 - Indemnification. 9
4.7.2 - Product Claims. 9
4.7.3 - Compensation Plan Claims. 9
4.7.4 - Income Claims. 10
4.7.5 - Income Disclosure Statement 10
4.8.0 - Repackaging and Re-labeling Prohibited.. 11
4.9.0 - Commercial Outlets. 11
4.10 - Conflicts of Interest. 11
4.10.1- Nonsolicitation. 11
4.10.2 - Member Participation in Other Network Marketing Programs. 12
4.10.3 - Confidential Information. 12
4.11.0 - Targeting Other Direct Sellers. 13
4.12.0 - Errors or Questions. 14
4.13 - Governmental Approval or Endorsement. 14
4.14 - Holding Applications or Orders. 14
4.15 - Income Taxes. 14
4.16 - Independent Contractor Status. 14
4.17 - International Marketing.. 14
4.18 - Adherence to Laws and Ordinances. 14
4.19 - Separation of a Bella Vie Network Business. 15
4.20 - Sponsoring Online. 15
4.21 - Telemarketing Techniques. 15
4.22 - Back Office Access. 16
SECTION 5 - RESPONSIBILITIES OF MEMBERS. 17
5.1 - Change of Address, Telephone, and E-Mail Addresses. 17
5.2 - Continuing Development Obligations. 17
5.2.1 - Ongoing Training. 17
5.2.2 - Increased Training Responsibilities. 17
5.2.3 - Ongoing Sales Responsibilities. 17
5.3 - Nondisparagement. 18
5.4 - Providing Documentation to Applicants. 18
SECTION 6 - SALES REQUIREMENTS. 18
6.1 - Product Sales. 18
6.2 - No Territory Restrictions. 18
6.3 - Sales Receipts. 18
SECTION 7 - BONUSES AND COMMISSIONS. 19
7.1 - Bonus and Commission Qualifications and Accrual. 19
7.2 - Adjustment to Bonuses and Commissions. 19
7.2.1 - Adjustments for Returned Products and Cancelled Services. 19
7.2.2 - Commissions. 19
7.2.3 - Tax Withholdings. 20
7.3 - Reports. 20
SECTION 8 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE.. 21
8.1 - Rescission.. 21
8.2 - Returns by Retail Customers. 21
8.3 - Montana Residents. 21
8.4 - Procedures for All Returns. 21
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS. 22
9.1 - Disciplinary Sanctions. 22
9.2 - Grievances and Complaints. 23
9.3 - Mediation.. 23
9.4 - Arbitration.. 23
9.5 - Governing Law, Jurisdiction and Venue. 24
9.5.1 - Louisiana Residents. 25
SECTION 10 - PAYMENTS. 25
10.1 - Restrictions on Third Party Use of Credit Cards and Checking Account Access. 25
10.2 - Sales Taxes. 25
SECTION 11 - INACTIVITY AND CANCELLATION.. 25
11.1 - Effect of Cancellation.. 25
11.2 - Cancellation Due to Inactivity.. 26
11.2.1 - Failure to Meet PV Quota. 26
11.2.2 - Failure to Earn Commissions. 26
11.2.3 – Continuation of Autoship. 26
11.3 - Involuntary Cancellation.. 26
11.4 - Voluntary Cancellation.. 26
SECTION 12 - DEFINITIONS. 27
SECTION 1 - COMPANY MISSION STATEMENT
Bella Vie Network Mission Statement
Bella Vie Network is not just another MLM business, but it is driven by the eagerness of helping members making life better and more beautiful. Sometimes, just a little positive thinking to put into action can make a difference. As we all need to purchase things for our daily needs, members can still do just that but with a return of extra benefits by sharing their goodness with others. It is a sharing and caring network so together we can help each other save and earn some supplemental income without stocking or selling. It is a simple system which can make a difference when our major focus is to help each other making simple life beautiful and meaningful.
SECTION 2 - INTRODUCTION
2.2 - Changes to the Agreement
Bella Vie Network reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By executing the Member Agreement, a Member agrees to abide by all amendments or modifications that Bella Vie Network elects to make. Amendments shall be effective thirty (30) days after publication of notice that the Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official web site; (2) electronic mail (e-mail); (3) posting in Members’ back-offices; (4) inclusion in Company periodicals; (5) inclusion in product orders or bonus checks; or (6) special mailings. The continuation of a Member’s Bella Vie Network business, the acceptance of any benefits under the Agreement, or a Member’s acceptance of bonuses or commissions constitutes acceptance of all amendments.
2.3 - 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. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
2.4 - 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 Bella Vie Network to exercise any right or power under the Agreement or to insist upon strict compliance by a Member 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 Bella Vie Network’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of a Member against Bella Vie Network shall not constitute a defense to Bella Vie Network’s enforcement of any term or provision of the Agreement.
SECTION 3 - BECOMING A MEMBER
To become a Bella Vie Network Member, each applicant must:
- Be at least 18 years of age.
- Reside in the United States or U.S. Territories or country that Bella Vie Network has officially announced is open for business.
- Provide Bella Vie Network with his/her valid Social Security or Federal Tax ID number.
- Submit a properly completed Member Application and Agreement to Bella Vie Network online.
- Submit an IRS Form W-9.
Bella Vie Network reserves the right to accept or reject any Member Application and Agreement for any reason or for no reason.
3.2 - Product Purchases
No person is required to purchase Bella Vie Network products, services or sales aids, or to pay any charge or fee to become a Member.
3.3 - Member Benefits
Once a Member Application and Agreement has been accepted by Bella Vie Network, the benefits of the Compensation Plan and the Member Agreement are available to the new Member. These benefits include the right to:
- Sell/Buy Bella Vie Network products and services.
- Participate in the Bella Vie Network Compensation Plan (receive bonuses and commissions, if eligible).
- Sponsor other individuals as Customers or Members into the Bella Vie Network business and thereby, build a marketing organization and progress through the Bella Vie Network Compensation Plan.
- Receive periodic Bella Vie Network literature and other Bella Vie Network communications.
- Participate in Bella Vie Network-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable.
- Participate in promotional and incentive contests and programs sponsored by Bella Vie Network for its Members.
SECTION 4 - OPERATING A BELLA VIE NETWORK BUSINESS
Members must adhere to the terms of the Bella Vie Network Compensation Plan as set forth in official Bella Vie Network literature. Members shall not offer the Bella Vie Network opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official Bella Vie Network literature. Members shall not require or encourage other current or prospective Customers or Members to execute any agreement or contract other than official Bella Vie Network agreements and contracts in order to become a Bella Vie Network Member. Similarly, Members shall not require or encourage other current or prospective Customers or Members to make any purchase from, or payment to, any individual or other entity to participate in the Bella Vie Network Compensation Plan other than those purchases or payments identified as recommended or required in official Bella Vie Network literature.
4.2 - Advertising
4.2.1 - General
All Members shall safeguard and promote the good reputation of Bella Vie Network and its products. The marketing and promotion of Bella Vie Network, the Bella Vie Network opportunity, the Compensation Plan, and Bella Vie Network products must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
To promote both the products and services, and the tremendous opportunity Bella Vie Network offers, Members should use the sales aids, business tools, and support materials produced by Bella Vie Network. The Company has carefully designed its products, product labels, Compensation Plan, and promotional materials to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and the materials comply with the legal requirements of federal and state laws.
Accordingly, Members must not produce or use the literature, advertisements, sales aids, business tools, promotional materials, or Internet web pages of themselves or other third parties.
4.2.2 - Trademarks and Copyrights
The name of Bella Vie Network and other names as may be adopted by Bella Vie Network are proprietary trade names, trademarks and service marks of Bella Vie Network (collectively “marks”). As such, these marks are of great value to Bella Vie Network and are supplied to Members for their use only in an expressly authorized manner. Bella Vie Network will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including Bella Vie Network Members, in any unauthorized manner without its prior, written permission.
The content of all Company sponsored events is copyrighted material. Members may not produce for sale or distribution any recorded Company events and speeches without written permission from Bella Vie Network, nor may Members reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
As an independent Member, you may use the Bella Vie Network name in the following manner
Member’s Name Independent Bella Vie Network Member
Independent Bella Vie Network Member
Members may not use the name Bella Vie Network in any form in your team name, a tagline, an external website name, your personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Additionally, only use the phrase Independent Bella Vie Network Member in your phone greeting or on your answering machine to clearly separate your independent Bella Vie Network business from Bella Vie Network. For example, you may not secure the domain name www.buyBellaVieNetwork.com, nor may you create an email address such as BellaVieNetworksales@hotmail.com.
4.2.3 - Media and Media Inquiries
Members must not attempt to respond to media inquiries regarding Bella Vie Network, its products or services, or their independent Bella Vie Network business. All inquiries by any type of media must be immediately referred to Bella Vie Network’s Support Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
4.2.4 - Unsolicited Email
- There must be a functioning return email address to the sender.
- There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
- The email must include the Member’s physical mailing address.
- The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
- The use of deceptive subject lines and/or false header information is prohibited.
- All opt-out requests, whether received by email or regular mail, must be honored. If a Member receives an opt-out request from a recipient of an email, the Member must forward the opt-out request to the Company.
Bella Vie Network may periodically send commercial emails on behalf of Members. By entering into the Member Agreement, Member agrees that the Company may send such emails and that the Member’s physical and email addresses will be included in such emails as outlined above. Members shall honor opt-out requests generated as a result of such emails sent by the Company.
4.2.5 - Unsolicited Faxes
Except as provided in this section, Members may not use or transmit unsolicited faxes in connection with their Bella Vie Network business. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting Bella Vie Network, 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: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Member 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 a Member and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Member; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
4.2.6 - Telephone Directory Listings
Members may list themselves as an “Independent Bella Vie Network Member” in the white or yellow pages of the telephone directory, or with online directories, under their own name. No Member may place telephone or online directory display ads using Bella Vie Network's name or logo. Members may not answer the telephone by saying “Bella Vie Network”, “Bella Vie Network Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of Bella Vie Network. If a Member wishes to post his/her name in a telephone or online directory, it must be listed in the following format:
Independent Bella Vie Network Member
4.2.7 - Television and Radio Advertising
Members may not advertise on television and radio except with Bella Vie Network’s express written approval.
4.2.8 - Advertised Prices
Members may not create their own marketing or advertising material offering any Bella Vie Network products at a price less than the current Autoship price plus shipping and applicable taxes.
4.3 - Online Conduct
4.3.1 - Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell or retail specific Bella Vie Network products or product bundles. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the Bella Vie Network business opportunity, provided Bella Vie Network-approved templates/images are used. These templates will identify you as an Independent Bella Vie Network Member. If a link or URL is provided, it must link to your Replicated Website or your Registered External Website.
4.3.2 - eBay / Online Auctions
Bella Vie Network’s products and services may not be listed on eBay or other online auctions, nor may Members enlist or knowingly allow a third party to sell Bella Vie Network products on eBay or other online auction.
4.3.3 - Online Retailing
Members may not list or sell Bella Vie Network products on any online retail store or ecommerce site, nor may you enlist or knowingly allow a third party to sell Bella Vie Network products on any online retail store or ecommerce site.
4.3.4 - Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
4.3.5 - Digital Media Submission (YouTube, iTunes, PhotoBucket etc.)
Members may upload, submit or publish Bella Vie Network-related video, audio or photo content that they develop and create so long as it aligns with Bella Vie Network values, contributes to the Bella Vie Network community greater good and is in compliance with Bella Vie Network’s Policies and Procedures. All submissions must clearly identify you as an Independent Bella Vie Network Member in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. Members may not upload, submit or publish any content (video, audio, presentations or any computer files) received from Bella Vie Network or captured at official Bella Vie Network events or in buildings owned or operated by Bella Vie Network without prior written permission.
4.3.6 - Domain Names and Email Addresses
Except as set forth in the Member Website Application and Agreement, Members may not use or attempt to register any of Bella Vie Network’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any Internet domain name, email address, or social media name or address.
4.3.7 - Social Media
In addition to meeting all other requirements specified in these Policies and Procedures, should a Member utilize any form of social media, including but not limited to Facebook, Twitter, Linkedin, YouTube, or Pinterest, the Member agrees to each of the following:
- No product sales or enrollments may occur on any social media site.
- Any social media site that is directly or indirectly operated or controlled by a Member that is used to discuss or promote Bella Vie Network’s products or the Bella Vie Network opportunity may not link to any website, social media site, or site of any other nature, other than the Member’s Bella Vie Network replicated website.
- During the term of this Agreement and for a period of 12 calendar months thereafter, a Member may not use any social media site on which they discuss or promote, or have discussed or promoted, the Bella Vie Network business or Bella Vie Network’s products to directly or indirectly solicit Bella Vie Network Members for another direct selling or network marketing program (collectively, “direct selling”). In furtherance of this provision, a Member shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other Members relating to the Member’s other direct selling business activities. Violation of this provision shall constitute a violation of the non-solicitation provision in Section 4.11 below.
- A Member may post or “pin” photographs of Bella Vie Network products on a social media site, but only photos that are provided by Bella Vie Network and downloaded from the Member’s Back-Office may be used.
If a Member creates a business profile page on any social media site that promotes or relates to Bella Vie Network, its products, or opportunity, the business profile page must relate exclusively to the Member’s Bella Vie Network business and Bella Vie Network products. If the Member’s Bella Vie Network business is cancelled for any reason or if the Member becomes inactive, the Member must deactivate the business profile page.
4.4 - Business Entities
A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a Bella Vie Network Member by submitting a Member Application and Agreement along with a properly completed Business Entity Application and Agreement and a properly completedIRS form W-9. The equitable ownership of a Business Entity is limited to one individual (natural person). That is to say, the Business Entity that owns and operates a Bella Vie membership may only have one shareholder, member, manager, trustee, etc.. The Business Entity, as well as its shareholder, member, manager, trustee, or other party with any ownership interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Parties”) are individually, jointly and severally liable for any indebtedness to Bella Vie Network, compliance with the Bella Vie Network Policies and Procedures, the Bella Vie Network Member Agreement, and other obligations to Bella Vie Network.
To prevent the circumvention of Section 4.5, (regarding Sponsorship Changes), if any Affiliated Party wants to terminate his or her relationship with the Business Entity or Bella Vie Network, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify Bella Vie Network in writing that he or she has terminated his/her affiliation with the Business Entity. In addition, the Affiliated Party foregoing their interest in the Business Entity may not participate in any other Bella Vie Network business for six consecutive calendar months.
The modifications permitted within the scope of this paragraph do not include a change of sponsorship. Each Member must immediately notify Bella Vie Network of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business Affiliated Parties.
4.5 - Change of Sponsor
Bella Vie Network strongly discourages changes in sponsorship. Accordingly, the transfer of a Bella Vie Network business from one sponsor to another is rarely permitted.
4.6 - Waiver of Claims
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by a Member, Bella Vie Network reserves the sole and exclusive right to determine the final disposition of the downline organization. Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, MEMBERS WAIVE ANY AND ALL CLAIMS AGAINST BELLA VIE NETWORK, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM BELLA VIE NETWORK’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
4.7 - Unauthorized Claimsand Actions
4.7.1 - Indemnification
A Member is fully responsible for all of his or her verbal and written statements made regarding Bella Vie Network products, services, and the Compensation Plan that are not expressly contained in official Bella Vie Network materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. Members agree to indemnify Bella Vie Network and Bella Vie Network’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Bella Vie Network as a result of the Member’s unauthorized representations or actions. This provision shall survive the termination of the Member Agreement.
4.7.2 - Product Claims
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Bella Vie Network may be made except those contained in official Bella Vie Network literature. In particular, no Member may make any claim that Bella Vie Network products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims, and they may lack adequate substantiation. Not only are such claims in violation of the Member Agreement, they also violate the laws and regulations of the United States, Canada, and other jurisdictions.
4.7.3 - Compensation Plan Claims
When presenting or discussing the Bella Vie Network Compensation Plan, you must make it clear to prospects that financial success with Bella Vie Network requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
- It’s a turnkey system.
- The system will do the work for you.
- Just get in and your downline will build through spillover.
- Just join and I’ll build your downline for you.
4.7.4 - Income Claims
A Member, when presenting or discussing the Bella Vie Network opportunity or Compensation Plan to a prospective Member, may not make income projections, income claims, or disclose his or her Bella Vie Network income (including the showing of checks, copies of checks, bank statements, or tax records) unless, at the time the presentation is made, the Member provides a current copy of the Bella Vie Network Income Disclosure Statement (IDS) to the person(s) to whom he or she is making the presentation.
4.7.5 - Income Disclosure Statement
Bella Vie Network’s corporate ethics compel us to do not merely what is legally required, but rather, to conduct the absolute best business practices. To this end, we have developed the Bella Vie Network Income Disclosure Statement (“IDS”). The Bella Vie Network IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Bella Vie Network Members earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Members. The failure to comply with this policy constitutes a significant and material breach of the Bella Vie Network Member Agreement and will be grounds for disciplinary sanctions, including termination, pursuant to Section 9.
A copy of theIDS must be presented to a prospective Member (someone who is not a party to a current Bella Vie Network Member Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of actual earnings, (2) statements of projected earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims.
A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one's dreams, having everything one always wanted, and are phrased in terms of “opportunity” or “possibility” or “chance.” Claims such as “My Bella Vie Network income exceeded my salary after six months in the business,” or “Our Bella Vie Network business has allowed my wife to come home and be a full-time mom” also fall within the purview of “lifestyle” claims.
A hypothetical income claim exists when you attempt to explain the operation of the compensation plan through the use of a hypothetical example. Certain assumptions are made regarding some or all of the following: (1) number of personally-enrolled Customers and Members; (2) number of downline Customers and Members; (3) average sales/purchase volume/sales volume per Customer and Member; and (4) total organizational volume. Applying these assumptions through the compensation plan yields income figures which constitute hypothetical income claims.
In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective Member or Members in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of theIDS. In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claims is made, you must provide every prospective Member with a copy of the IDS and you must display at least one (3 foot x 5 foot poster board) in the front of the room in reasonably close proximity to the presenter(s). In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim.
Copies of theIDS may be printed or downloaded without charge from the corporate website at http://www.BellaVieNetwork.com/IDS.
Members who develop sales aids and tools in which the Compensation Plan or income claims are present must incorporate theIDS into each such sales aid or tool prior to submission to the Company for review.
4.8 - Repackaging and Re-labeling Prohibited
Bella Vie Network products may only be sold in their original packaging. Members may not repackage, re-label, or alter the labels on Bella Vie Network products. Tampering with labels/packaging could be a violation of federal and state laws, and may result in civil or criminal liability. Members may affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing existing labels or covering any text, graphics, or other material on the product label.
4.9 - Commercial Outlets
Members may not sell Bella Vie Network products from a commercial outlet, nor may Members display or sell Bella Vie Network products or literature in any retail or service establishment. Online auction and/or sales facilitation websites, including but not limited to eBay and Craig’s List constitute Commercial Outlets, and may not be used to sell Bella Vie Network products.
4.10 - Conflicts of Interest
4.10.1 - Nonsolicitation
Bella Vie Network Members 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, Members may not directly or indirectly Recruit other Bella Vie Network Members or Customers for any other network marketing business.
Following the cancellation of a Member’s Independent Member Agreement, and for a period of six calendar months thereafter, with the exception of a Member who is personally sponsored by the former Member, a former Member may not Recruit any Bella Vie Network Member or Customer for another network marketing business. Members and the Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Members and Bella Vie Network agree that this non-solicitation provision shall apply nationwide and to all international markets in which Members are located. This provision shall survive the termination or expiration of the Member Agreement.
The term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Bella Vie Network Member or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
4.10.2 - Member Participation in Other Network Marketing Programs
If a Member is engaged in other non-Bella Vie Network direct selling programs, it is the responsibility of the Member to ensure that his or her Bella Vie Network business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
- Members must not sell, or attempt to sell, any competing non-Bella Vie Network programs, products or services to Bella Vie Network Customers or Members. Any program, product or services in the same generic categories as Bella Vie Network products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
- Members shall not display Bella Vie Network promotional material, sales aids, products or services with or in the same location as, any non-Bella Vie Network promotional material or sales aids, products or services.
- Members shall not offer the Bella Vie Network opportunity, products or services to prospective or existing Customers or Members in conjunction with any non-Bella Vie Network program, opportunity, product or service.
- Members may not offer any non-Bella Vie Network opportunity, products, services or opportunity at any Bella Vie Network-related meeting, seminar, convention, webinar, teleconference, or other function.
4.10.3 - Confidential Information
“Confidential Information” includes, but is not limited to, Downline Genealogy Reports, the identities of Bella Vie Network customers and Members, contact information of Bella Vie Network customers and Members, Members’ personal sales volumes, and Member rank and/or achievement levels. Confidential Information is, or may be available, to Members in their respective back-offices. Member access to such Confidential Information is password protected, and is confidential and constitutes proprietary information and business trade secrets belonging to Bella Vie Network. Such Confidential Information is provided to Members in strictest confidence and is made available to Members for the sole purpose of assisting Members in working with their respective downline organizations in the development of their Bella Vie Network business. Members may not use the reports for any purpose other than for developing their Bella Vie Network business. Where a Member participates in other multi-level marketing ventures, he/she is not eligible to have access to Downline Genealogy Reports. Members should use the Confidential Information to assist, motivate, and train their downline Members. The Member and Bella Vie Network agree that, but for this agreement of confidentiality and nondisclosure, Bella Vie Network would not provide Confidential Information to the Member.
To protect the Confidential Information, Members shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
- Directly or indirectly disclose any Confidential Information to any third party;
- Directly or indirectly disclose the password or other access code to his or her back-office;
- Use any Confidential Information to compete with Bella Vie Network or for any purpose other than promoting his or her Bella Vie Network business;
- Recruit or solicit any Member or Customer of Bella Vie Network listed on any report or in the Member’s back-office, or in any manner attempt to influence or induce any Member or Preferred Customer of Bella Vie Network, to alter their business relationship with Bella Vie Network; or
- Use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information.
The obligation not to disclose Confidential Information shall survive cancellation or termination of the Agreement, and shall remain effective and binding irrespective of whether a Member’s Agreement has been terminated, or whether the Member is or is not otherwise affiliated with the Company.
4.11 - Targeting Other Direct Sellers
Bella Vie Network does not condone Members specifically or consciously targeting the sales force of another direct sales company to sell Bella Vie Network products or to become Members for Bella Vie Network, nor does Bella Vie Network condone Members solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company. Should Members engage in such activity, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against a Member alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, Bella Vie Network will not pay any of the Member’s defense costs or legal fees, nor will Bella Vie Network indemnify the Member for any judgment, award, or settlement.
4.12 - Errors or Questions
If a Member has questions about or believes any errors have been made regarding commissions, bonuses, genealogy lists, or charges, the Member must notify Bella Vie Network online through his or her Back Office within 60 days of the date of the purported error or incident in question. Bella Vie Network will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
4.13 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Members shall not represent or imply that Bella Vie Network or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
4.14 - Holding Applications or Orders
Members must not manipulate enrollments of new applicants and purchases of products.
4.15 - Income Taxes
Each Member is responsible for paying local, state, and federal taxes on any income generated as an Independent Member. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If a Member’s Bella Vie Network business is tax exempt, the Federal tax identification number must be provided to Bella Vie Network. Every year, Bella Vie Network will provide anIRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) Had earnings of over $600 in the previous calendar year; or 2) Made purchases during the previous calendar year in excess of $5,000.
4.16 - Independent Contractor Status
Members are independent contractors. The agreement between Bella Vie Network and its Members does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Member. Members shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Members are responsible for paying local, state, and federal taxes due from all compensation earned as a Member of the Company. The Member has no authority (expressed or implied), to bind the Company to any obligation. Each Member shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Member Agreement, these Policies and Procedures, and applicable laws.
4.17 - International Marketing
Members are authorized to sell Bella Vie Network products and services, and enroll Customers or Members only in the countries in which Bella Vie Network is authorized to conduct business, as announced in official Company literature.
4.18 - Adherence to Laws and Ordinances
Members shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Members because of the nature of their business. However, Members must obey those laws that do apply to them. If a city or county official tells a Member that an ordinance applies to him or her, the Member shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of Bella Vie Network.
4.19 - Separation of a Bella Vie Network Business
A divorcing husband and wife parties may continue to operate the Bella Vie Network business jointly on a “business-as-usual” basis, whereupon all compensation paid by Bella Vie Network will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.
Under no circumstances will the Downline Organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will Bella Vie Network split commission and bonus checks between divorcing spouses or members of dissolving entities. Bella Vie Network will recognize only one Downline Organization and will issue only one commission check per Bella Vie Network business per commission cycle. Commission checks shall always be issued to the same individual or entity.
If a former spouse has completely relinquished all rights in the original Bella Vie Network business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without waiting six calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as a Member. In either case, the former spouse or business affiliate shall have no rights to any Members in their former organization or to any former retail customer. They must develop the new business in the same manner as would any other new Member.
4.20 - Sponsoring Online
When sponsoring a new Member through the online enrollment process, the sponsor may assist the new applicant in filling out the enrollment materials. However, the applicant must personally review and agree to the online application and agreement, Bella Vie Network’s Policies and Procedures, and the Bella Vie Network Compensation Plan. The sponsor may not fill out the online application and agreement on behalf of the applicant and agree to these materials on behalf of the applicant.
4.21 - Telemarketing Techniques
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. Although Bella Vie Network does not consider Members to be “telemarketers” in the traditional sense of the word, these government 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.
Therefore, Members must not engage in telemarketing in the operation of their Bella Vie Network businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Bella Vie Network product or service, or to recruit them for the Bella Vie Network opportunity. “Cold calls" made to prospective customers or Members that promote either Bella Vie Network’s products or services or the Bella Vie Network opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Member (a "prospect") is permissible under the following situations:
If the Member has an established business relationship with the prospect. An “established business relationship” is a relationship between a Member and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the Member, or a financial transaction between the prospect and the Member, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
- The prospect’s personal inquiry or application regarding a product or service offered by the Member, within the three (3) months immediately preceding the date of such a call.
- If the Member receives written and signed permission from the prospect authorizing the Member to call. The authorization must specify the telephone number(s) which the Member is authorized to call.
- You may call family members, personal friends, and acquaintances. An “acquaintance” is someone with whom you have at least a recent first-hand relationship within the preceding three months. Bear in mind, however, that if you engage in “card collecting” with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice.
- Members shall not use automatic telephone dialing systems or software relative to the operation of their Bella Vie Network businesses.
- Members shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a "robocall") regarding or relating to the Bella Vie Network products, services or opportunity.
4.22 - Back Office Access
Bella Vie Network makes online back offices available to its Members. Back offices provide Members access to confidential and proprietary information that may be used solely and exclusively to promote the development of a Member’s Bella Vie Network business and to increase sales of Bella Vie Network products. However, access to a back office is a privilege, and not a right. Bella Vie Network reserves the right to deny Members’ access to the back office at its sole discretion.
SECTION 5 - RESPONSIBILITIES OF MEMBERS
To ensure timely delivery of products, support materials, commission, and tax documents, it is important that the Bella Vie Network’s files are current. Street addresses are required for shipping sinceUPS cannot deliver to a post office box. Members planning to change their e-mail address or move must provide their new address and telephone numbers to Bella Vie Network via their Back Office. To guarantee proper delivery, two weeks advance notice must be provided to Bella Vie Network on all changes.
5.2 - Continuing Development Obligations
5.2.1 - Ongoing Training
Any Member who sponsors another Member into Bella Vie Network must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her Bella Vie Network business. Members must have ongoing contact and communication with the Members in their Downline Organizations. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline Members to Bella Vie Network meetings, training sessions, and other functions. Upline Members are also responsible to motivate and train new Members in Bella Vie Network product knowledge, effective sales techniques, the Bella Vie Network Compensation Plan, and compliance with Company Policies and Procedures and applicable laws. Communication with and the training of downline Members must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of Member-produced sales aids and promotional materials).
Members should monitor the Members in their Downline Organizations to guard against downline Members making improper product or business claims, violation of the Policies and Procedures, or engaging in any illegal or inappropriate conduct.
5.2.2 - Increased Training Responsibilities
As Members progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Bella Vie Network program. They will be called upon to share this knowledge with lesser experienced Members within their organization.
5.2.3 - Ongoing Sales Responsibilities
Regardless of their level of achievement, Members have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
5.3 - Nondisparagement
Bella Vie Network wants to provide its independent Members with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the Support Department. Remember, to best serve you, we must hear from you! While Bella Vie Network welcomes constructive input, negative comments and remarks made in the field by Members about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other Bella Vie Network Members. For this reason, and to set the proper example for their downline, Members must not disparage, demean, or make negative remarks about Bella Vie Network, other Bella Vie Network Members, Bella Vie Network’s products, the Marketing and Compensation plan, or Bella Vie Network’s directors, officers, or employees.
5.4 - Providing Documentation to Applicants
Members must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Members before the applicant signs a Member Agreement, or ensure that they have online access to these materials.
SECTION 6 - SALES REQUIREMENTS
The Bella Vie Network Compensation Plan is based on the sale of Bella Vie Network products and services to end consumers. Members must fulfill personal and Downline Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement. The following sales requirements must be satisfied for Members to be eligible for commissions:
Members must satisfy the Personal Volume requirements to fulfill the requirements associated with their rank as specified in the Bella Vie Network Compensation Plan. “Personal Sales Volume” includes purchases made by the Member and purchases made by the Member’s personal customers.
Members must generate their monthly minimum orders in order to be qualified for commission of their downline).
Members must develop or maintain at least five Customers who must multiply by 5 for each member. Please see the Compensation Chart.
6.2 - No Territory Restrictions
There are no exclusive territories granted to anyone.
6.3 - Sales Receipts
Retail customers must receive two copies of an official Bella Vie Network sales receipt at the time of the sale. These receipts set forth the Customer Satisfaction Guarantee as well as any consumer protection rights afforded by federal or state law. Upon completion of the order process, the sales receipt will be available for printing. In addition, Members must orally inform the buyer of his or her cancellation rights.
SECTION 7 - BONUSES AND COMMISSIONS
A Member must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as a Member complies with the terms of the Agreement, Bella Vie Network shall pay commissions to such Member in accordance with the Marketing and Compensation plan.
A Member can see all of his or her pending and actual commissions in the "MyWallet" section on the Back Office. A Member may apply for a Paylution Debit Card. Company will deduct from Member the initial fee of the issuance of their Debit Bank Card. In order to transfer funds the Member’s "MyWallet" account to his or her Paylution Debit Card, Company will process transfers once a month after the 20th of each month, as long as the Member requests the transfer through his or her Back Office by the 20th of each month. There will be a processing fee from BankCorp for every transfer transaction from MyWallet to the Paylution Debit Card.
Notwithstanding the foregoing, all commissions owed a Member, regardless of the amount accrued, will be paid at the end of each fiscal year or upon the termination of a Member’s business.
7.2 - Adjustment to Bonuses and Commissions
7.2.1 - Adjustments for Returned Products and Cancelled Services
Members receive bonuses, commissions, or overrides based on the actual sales of products and services to end consumers. When a service is cancelled or a product is returned to Bella Vie Network for a refund or is repurchased by the Company, any of the following may occur at the Company’s discretion: (1) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service will be deducted from payments to the Member and upline Members who received bonuses, commissions, or overrides on the sales of the refunded product(s) or cancelled service, in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered; (2) the Member or upline Members who earned bonuses, commissions, or overrides based on the sale of the returned product(s) or cancelled service will have the corresponding points deducted from earnings in the next month and all subsequent months until it is completely recovered; or (3) the bonuses, commissions, or overrides attributable to the returned or repurchased product(s) or cancelled service may be deducted from any refunds or credits to the Member who received the bonuses, commissions, or overrides on the sales of the refunded product(s) or cancelled service.
7.2.2 - Commissions
The Company pays commissions via HyperWallet system. Bella Vie Network will deduct the fee for the 1st Paylution Debit Card. A Member must to go to his or her Profile/Back Office to place the order for the Paylution debit card so commissions can be transferred on to that card upon Member's discretion. Member is responsible for any transaction fee thereafter. There may be a processing fee charged by Hyperwallet for transactions into and out of the account
7.2.3 - Tax Withholdings
If a Member fails to submit a W-9 form, Bella Vie Network will deduct the necessary withholdings from the Member’s commission checks as required by law.
7.3 - Reports
All information provided by Bella Vie Network in downline activity reports, including but not limited to personal sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human, digital, and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by Bella Vie Network or any persons creating or transmitting the information.
ALL PERSONAL SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON‑INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BELLA VIE NETWORK AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY MEMBER OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF BELLA VIE NETWORK OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, BELLA VIE NETWORK OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of Bella Vie Network’ online and telephone reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to Bella Vie Network’ online and telephone reporting services and your reliance upon the information.
SECTION 8 - PRODUCT GUARANTEES, RETURNS, AND INVENTORY REPURCHASE
Federal and state law requires that Members notify their retail customers that they have three business days (5 business days for Alaska residents. Saturday is a business day, Sundays and legal holidays are not business days) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. Members MUST verbally inform their customers of this right and MUST point out this cancellation right stated on the receipt.
8.2 - Returns by Retail Customers
A retail customer who makes a purchase of $25.00 or more has three business days (72 hours, excluding Sundays and legal holidays) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt (5 days for Alaska residents). When a Member makes a sale or takes an order from a retail customer who cancels or requests a refund within the 72 hour period, the Member must promptly refund the customer's money as long as the products are returned to the Member in substantially as good condition as when received (5 days for Alaska residents). Members must orally inform customers of their right to rescind a purchase or an order within 72 hours (5 days for Alaska residents), and ensure that the date of the order or purchase is entered on the order form. All retail customers must be provided with two copies of an official Bella Vie Network sales receipt at the time of the sale. The back of the receipt provides the customer with written notice of his or her rights to cancel the sales agreement.
8.3 - Montana Residents
A Montana resident may cancel his or her Member Agreement within 15 days from the date of enrollment.
8.4 - Procedures for All Returns
The following procedures apply to all returns for exchange.
- All merchandise must be returned by the Member or customer who purchased it directly from Bella Vie Network to the Product's Supplier. No products may be returned to Bella Vie Network.
- All products to be returned must have a Return Authorization Number Product’s Supplier which is obtained by contacting the Supplier. This Return Authorization Number must be written on each carton returned.
The return is accompanied by:
- The original packing slip with the completed and signed Consumer Return information.
- The unused portion of the product in its original container.
- Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the best and most economical means of shipping is suggested. All returns must be shipped to the Supplier shipping pre-paid. A Supplier will not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Member. If returned product is not received by the Supplier, it is the responsibility of the Member to trace the shipment.
- If a Member is returning merchandise to a Supplier, the product(s) must be received by the Supplier within ten (10) days from the date of order.
No refund or replacement of product will be made if the conditions of these rules are not met.
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Member that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the Member’s Bella Vie Network business), may result, at Bella Vie Network's discretion, in one or more of the following corrective measures:
- Issuance of a written warning or admonition.
- Requiring the Member to take immediate corrective measures.
- Imposition of a fine, which may be withheld from bonus and commission checks.
- Loss of rights to one or more bonus and commission checks.
- Bella Vie Network may withhold from a Member all or part of the Member’s bonuses and commissions during the period that Bella Vie Network is investigating any conduct allegedly violative of the Agreement. If a Member’s business is canceled for disciplinary reasons, the Member will not be entitled to recover any commissions withheld during the investigation period.
- Suspension of the individual’s Member Agreement for one or more pay periods.
- Permanent or temporary loss of, or reduction in, the current and/or lifetime rank of a Member (which may subsequently be re-earned by the Member).
- Transfer or removal of some or all of a Member’s downline Members from the offending Member’s downline organization.
- Involuntary termination of the offender’s Member Agreement.
- Suspension and/or termination of the offending Member’s Bella Vie Network website or website access.
- Any other measure expressly allowed within any provision of the Agreement or which Bella Vie Network deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Member’s policy violation or contractual breach.
- In situations deemed appropriate by Bella Vie Network, the Company may institute legal proceedings for monetary and/or equitable relief.
9.2 - Grievances and Complaints
When a Member has a grievance or complaint with another Member regarding any practice or conduct in relationship to their respective Bella Vie Network businesses, the complaining Member 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 involves interpretation or violation of Company policy, it must be reported in writing to the Member Services Department at the Company. The Member Services Department will review the facts and attempt to resolve it.
9.3 - Mediation
Prior to instituting an arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediation shall occur within 60 days from the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorneys fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in the City of Las Vegas, Nevada, and shall last no more than two business days.
9.4 - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration. The Parties waive all rights to trial by jury or to any court. The arbitration shall be filed with, and administered by, the American Arbitration Association (“AAA”) or JAMS Endispute (“JAMS”) under their respective rules and procedures. The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org. The Streamlined Arbitration Rules & Procedures are available on the JAMS website at www.jamsadr.com. Copies of AAA’s Commercial Arbitration Rules and Mediation Procedures or JAM’s Streamlined Arbitration Rules & Procedures will also be emailed to Members upon request to Bella Vie Network’s Support Department.
Notwithstanding the rules of the AAA orJAMS, the following shall apply to all Arbitration actions:
- The Federal Rules of Evidence shall apply in all cases;
- The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
- The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
- The arbitration shall occur within 180 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
- The Parties shall be allotted equal time to present their respective cases, including cross-examinations.
All arbitration proceedings shall be held in Las Vegas, Nevada. There shall be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The arbitration shall occur within 180 days from the date on which the arbitration is filed, and shall last no more than five business days. The parties shall be allotted equal time to present their respective cases. 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 arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the entire arbitration process and shall not disclose to any person not directly involved in the arbitration process:
- The substance of, or basis for, the controversy, dispute, or claim.
- The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration.
- The terms or amount of any arbitration award.
- The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
9.5 - Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Clark County, Nevada. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Nevada shall govern all other matters relating to or arising from the Agreement.
9.5.1 - Louisiana Residents
Notwithstanding the foregoing, and the arbitration provision in Section 9.4, residents of the State of Louisiana shall be entitled to bring an action against Bella Vie Network in their home forum and pursuant to Louisiana law.
SECTION 10 - PAYMENTS
10.1 - Restrictions on Third Party Use of Credit Cards and Checking Account Access
Members shall not permit other Members or Customers to use his or her credit card, or permit debits to their checking accounts, to enroll or to make purchases from the Company.
10.2 - Sales Taxes
Bella Vie Network is required to charge sales taxes on all purchases made by Members and Customers, and remit the taxes charged to the respective states. Accordingly, Bella Vie Network will collect and remit sales taxes on behalf of Members, based on the suggested retail price of the products, according to applicable tax rates in the state or province to which the shipment is destined. If a Member has submitted, and Bella Vie Network has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the Member. Exemption from the payment of sales tax is applicable only to orders which are shipped to a state for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state. Any sales tax exemption accepted by Bella Vie Network is not retroactive.
SECTION 11 - INACTIVITY AND CANCELLATION
So long as a Member remains active and complies with the terms of the Member Agreement and these Policies and Procedures, Bella Vie Network shall pay commissions to such Member in accordance with the Compensation Plan. A Member’s bonuses and commissions constitute the entire consideration for the Member's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following a Member’s non-renewal of his or her Member Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Member Agreement (all of these methods are collectively referred to as “cancellation”), the former Member 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. A Member whose business is cancelled will lose all rights as a Member. This includes the right to sell Bella Vie Network products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Member’s former downline sales organization. In the event of cancellation, Members 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 a Member’s cancellation of his or her Member Agreement, the former Member shall not hold himself or herself out as a Bella Vie Network Member and shall not have the right to sell Bella Vie Network products or services. A Member whose business is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
11.2.1 - Failure to Meet PV Quota
If a Member fails to personally generate at one order per month for 3 consecutive months, his or her Member Agreement shall be canceled for inactivity.
11.2.2 - Failure to Earn Commissions
If a Member has not earned a commission for three consecutive months (and thus become “inactive”), his or her Member Agreement shall be canceled for inactivity.
11.2.3 - Continuation of Autoship
If a Member is cancelled for inactivity, his or her Member Agreement will be cancelled for inactivity. If he or she is on the Company’s autoship program, the autoship agreement shall remain in force.
11.3 - Involuntary Cancellation
A Member’s violation of any of the terms of the Agreement, including any amendments that may be made by Bella Vie Network in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her Member Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the Member’s last known address, email address, or fax number, or to his/her attorney, or when the Member receives actual notice of cancellation, whichever occurs first.
Bella Vie Network reserves the right to terminate all Member Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
11.4 - 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 to the Company at its principal business address. The written notice must include the Member’s signature, printed name, address, and Member I.D. Number.
In addition to written cancellation, Members who have consented to Electronic Contracting will cancel their Member Agreement should they withdraw their consent to contract electronically. If a Member is also on the Autoship program, the Member’s Autoship order shall continue unless the Member also specifically requests that his or her Autoship Agreement also be canceled.
SECTION 12 - DEFINITIONS
Active Member — A Member who satisfies the minimum Personal Sales Volume requirements, as set forth in the Bella Vie Network Compensation Plan, to ensure that he or she is eligible to receive bonuses and commissions.
Affiliated Party - A shareholder, member, partner, manager, trustee, or other parties with any ownership interest in, or management responsibilities for, a Business Entity.
Agreement - The contract between the Company and each Member includes the Member Application and Agreement, the Bella Vie Network Policies and Procedures, the Bella Vie Network Compensation Plan, and the Business Entity Form (where appropriate), all in their current form and as amended by Bella Vie Network in its sole discretion. These documents are collectively referred to as the “Agreement.”
Cancel — The termination of a Member’s business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.
Downline — See “Marketing Organization” below.
Downline Leg — Each one of the individuals enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.
Household - Spouses, heads-of-household, and dependent family members residing in the same residence.
Immediate Household — Spouses, heads-of-household, and dependent family members residing in the same residence.
Level — The layers of downline Customers and Members in a particular Member’s Marketing Organization. This term refers to the relationship of a Member relative to a particular upline Member, determined by the number of Members between them who are related by sponsorship. For example, if A sponsors B, who sponsors C, who sponsors D, who sponsors E, then E is on A’s fourth level.
Marketing Organization — The Customers and Members sponsored up to seven levels and five generations below a particular Member, depending on the Member’s rank qualification. The word “downline” is used interchangeably with Marketing Organization.
Official Bella Vie Network Material — Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by Bella Vie Network to Members.
Personal Production — Moving Bella Vie Network products or services to an end consumer for actual use.
Personal Volume— The commissionable value of services and products purchased by: (1) a Member; and (2) the Member’s downline who are on the autoship program or who purchase from the Member’s Bella Vie Network.
Rank — The “title” that a Member holds pursuant to the Bella Vie Network Compensation Plan. “Title Rank” refers to the highest rank a Member has achieved in the Bella Vie Network compensation plan at any time. “Paid As” rank refers to the rank at which a Member is qualified to earn commissions and bonuses during the current pay period.
Recruit — For purposes of Bella Vie Network’s Conflict of Interest Policy (Section 4.10), the term “Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Bella Vie Network Member or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
Resalable — Products and Sales aids shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) it is returned to Bella Vie Network within one month from the date of purchase. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
Retail Customer — An individual who purchases Bella Vie Network products from a Member but who is not a participant in the Bella Vie Network compensation plan.
Retail Customer – An individual who or entity that purchases Bella Vie Network products or services from a Member, but who is not a Member, or an immediate household family member of a Member.
Retail Sales – Sales to a Retail Customer.
Social Media - Any type of online media that invites, expedites or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of Social Media include, but are not limited to, blogs, chat rooms, Facebook, MySpace, Twitter, LinkedIn, Delicious, and YouTube.
Sponsor — A Member under whom an enroller places a new Member or Customer, and is listed as the sponsor on the Member or Customer Application and Agreement.
Upline — This term refers to the Member or Members above a particular Member in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular Member to the Company.