Your participation as a Vivacity Promoter is very important to us, please take the time to review these terms since they affect you and how your Vivacity, a MAKEWAY Wellness Company, business may be run. If you have any questions or comments about these Policies and Procedures, please email firstname.lastname@example.org
Policies and Procedures Incorporated into Promoter Agreement:
These Policies and Procedures are a key part of the Vivacity, a MAKEWAY Wellness Company, Agreement. They may be amended or altered at any time without prior notice at the discretion of Vivacity. Hereinafter referred to as “Vivacity” or the "Company".
Throughout these Policies, when the term Agreement is used, it refers to the VIVACITY Promoter Application and Agreement, Promoter Terms and Conditions, and these Policies and Procedures. These documents are incorporated by reference into the VIVACITY Promoter Agreement (all in their current form and as amended by VIVACITY).
It is your responsibility as a Promoter to read, understand, and follow the most current version of these Policies and Procedures. When sponsoring or enrolling a new Promoter, the sponsoring Promoter must provide the most current version of the Terms and Conditions and these Policies and Procedures to the prospect prior to his or her execution of the Promoter Agreement.
By enrolling as a Promoter, the Applicant acknowledges that all of these Policies and Procedures have been read, completely understood and accepted as valid and binding between themselves and the Company.
Purpose of Policies and Procedures
Vivacity is a direct sales company that markets products through you, our Independent Promoters. Your success and the success of your fellow Promoters are dependent upon the integrity of the men and women who market our products.
Vivacity Promoters are required to comply with the Agreement which VIVACITY may amend at its sole discretion from time to time, as well as all federal, state, and local laws governing their VIVACITY business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement.
Please review the information in this manual carefully. This Agreement was created to explain and govern the relationship you, as an independent contractor and Promoter and VIVACITY. It also sets a standard for acceptable business conduct between both VIVACITY and you, and you and your community.
The Company honors all general, state and local regulations governing network marketing and you are required to do the same.
The Company reserves the right to employ such measures as are deemed necessary to determine and ensure compliance with its Policies and Procedures.
Code of Ethics:
You, as a Promoter, agree to conduct your business according to the following Code of Ethics, which are an integral part of these Policies and Procedures. This code ensures standards of professionalism and integrity throughout the Company’s network of Independent Promoters and protects the business image of the Company Promoter as well as the overall image of the Company.
As a VIVACITY Independent Promoter, I agree to:
Be honest and fair and deal with customers and other Promoters with the highest standards of honesty, integrity, and fairness.
How to Become a Promoter:
To become a Promoter, please follow the following steps:
Please have available the following information:
Your name or business name, address, phone number, Social Security Number or Federal Tax Identification Number, and your Sponsor’s ID#.Complete the On-line Promoter Application, found on your Sponsor’s Web Site.To be eligible to participate in our Compensation Plan, and/or have an Promoter Web Site, all Promoters must pay an Promoter Enrollment Fee of $29.95. Any additional purchases of products, promotional materials, or sales materials are strictly optional.VIVACITY accepts MasterCard, Visa, and American Express, Visa or MasterCard debit cards, or a money order mailed to VIVACITY. All enrollments and product sales are contingent on VIVACITY receiving payment on the order.At the end of the enrollment process, you will receive a Promoter ID Number. This number will be necessary whenever a Promoter wants to order products, use our personalized web services, request information regarding orders or sales, sign up new Promoters and use other VIVACITY services.Remember, once you enroll, you are agreeing to the Terms and Conditions of being a Promoter, and to comply and be bound by the Policies and Procedures. The Applicant and VIVACITY have entered into a binding contract on those terms to which both are obligated to comply and adhere.
Please be sure to read and review the Terms and Conditions of Promotership and the Policies and Procedures. Any new Promoter has accepted the Terms and Conditions and Policies and Procedures and is bound by their provisions.
Remember, to become an Independent Promoter, each applicant must:
Be of legal age in the state in which he or she resides.Be a resident of the United States, U.S. Territories.Have a valid Social Security or Federal Tax ID number.Read, understand and agree to the Company’s Policies and Procedures and the Terms and Conditions of the Promoter Agreement.Submit a properly completed and signed Promoter Application and Agreement or a complete on-line Promoter Application to VIVACITY.Be accepted by the Company and pay the Promoter Enrollment Fee
VIVACITY reserves the right to reject any applications for a new Promoter or applications for renewal.
Your Rights as a Promoter:
Promoters are authorized to sell the Company’s products and to participate in the Compensation Plan.
Promoters may sponsor new Promoters to sell the Company’s products.Independent Promoters may sell our products, with no territorial restrictions, in all countries where the Company has authorized the sale of its products.There are no franchise or territorial restrictions on a Promoter with regard to sale, promotion or marketing of products and no franchise fees are required.Promoters have the right to conduct business anywhere in the United States of America, without exclusivity.
Vivacity Business Policies
— The Company will recognize individuals as Independent Promoters. The enrolled Applicant shall be designated as the Independent Promoter. — A person or entity may apply under a legally registered assumed name (DBA), provided that the Applicant provides a contact name at the time of enrolling. — A Promoter may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one VIVACITY business. — If any individual (including spouses) Promoter in any way with a corporation, partnership, trust or other entity (collectively Promoter individual) violates the Agreement, such action(s) will be deemed a violation by the entity, and VIVACITY may take disciplinary action against the entity. — When adding a co-applicant (either an individual or a business entity) to an existing VIVACITY business, the Company requires both a written request as well as a properly completed Promoter Application and Agreement containing the applicant and co-applicant’s Social Security Numbers and signatures. To prevent the circumvention of Section 20 (regarding transfers and assignments of VIVACITY business), the original applicant must remain as a party to the original Promoter Application and Agreement. If the original Promoter wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business in accordance with Section 20. If this process is not followed, the business shall be canceled upon the withdrawal of the original Promoter. All bonus and commission checks will be sent to the address of record of the original Promoter. Please note that the modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 41, below. There is a $100.00 fee for each change requested, which must be included with the written request and the completed Promoter Application and Agreement. VIVACITY may, at its discretion, require notarized documents before implementing any changes to a VIVACITY business. Please allow thirty (30) days after the receipt of the request by VIVACITY for processing. — Each Promoter will be assigned a Promoter ID Number. This number must be used when ordering and corresponding with the Company. — Promoters agree to report any change of mailing or e-mail address and/or telephone number(s) as soon as possible. Such changes can be made through the Internet at any time at email@example.com or by calling Customer Service at 800.928.9401 . — Each Promoter must immediately notify VIVACITY of all changes to the information contained on his or her Promoter Agreement. Promoters may modify their existing Promoter Agreement (i.e., change Social Security number to Federal I.D. number, or change the form of ownership from an individual proprietorship to a business entity owned by the Promoter) by submitting a written request, a properly executed Promoter Agreement, and appropriate supporting documentation. — The term of the Promoter Agreement is one year from the date of its acceptance by VIVACITY. All Promoters must renew their Promoter status on an annual basis at a cost of $29.95. The renewal amount is due on or before the anniversary month the Promoter entered the program. Failure to renew in a timely manner will mean the loss by the Promoter of all rights, his/her removal from the Promoter Network, forfeiture of all unpaid overrides, bonuses and/or commissions, and loss of the Promoter’s personal group or organization. — If a Promoter is not renewed within 30 days after the anniversary month, the Promoter will be “Suspended.” All commissions, overrides and bonuses will be accumulated and held by the Company until the renewal is received. If the Promoter is not renewed by 60 days after the anniversary month, the Promoter will be terminated permanently and no commissions, overrides, and/or bonuses will be paid. Once terminated, the Promoter can reapply as a new Promoter after waiting six (6) months. — Promoters understand that income and profits are dependent upon the sale of products, and agree to maintain necessary business records regarding said products, including sales receipts. Further, Promoter agrees to complete, execute and file any and all reports and other forms required by any law or public authority with respect to the sale of the Company products and shall at all times abide by any and all federal, state or municipal laws and regulations which may be applicable. — Promoters are independent contractors, and are not purchasers of a franchise or a business opportunity. The agreement between VIVACITY and its Promoters does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Promoter. Promoters shall not be treated as an employee for their services or for Federal or State tax purposes. All Promoters are responsible for paying local, state, and federal taxes due from all compensation earned as a Promoter of the Company. The Promoter has no authority (expressed or implied), to bind the company to any obligation, and VIVACITY disclaims any liability for their actions in any respect. Each Promoter shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Promoter Agreement, these Policies and Procedures, and applicable laws. — A person who is recognized as a minor in his/her state of residence may not be a VIVACITY Promoter. Promoters shall not enroll or recruit minors into the VIVACITY program. Guardianships are considered a Business Entity, and must be documented by completing a VIVACITY Business Entity Registration Form with appropriate documentation attached.
— An Applicant wishing to do business under a Partnership must list the complete Partnership name as the designated Applicant. In addition, the Federal Tax Identification Number of the Partnership, a completed VIVACITY Business Entity Registration and the name of the partner who will be the responsible party for the Partnership must be provided. — Corporations wishing to be independent Promoters must provide the Federal Tax Identification Number of the Corporation, a completed VIVACITY Business Entity Registration and the name of the individual who will be the contact for the Corporation. In addition, a copy of the Charter or Articles of Incorporation, copies of Minutes authorizing the Corporation to be an Independent Promoter, a list of all officers and shareholders with names, addresses and telephone numbers of each, and the name of an individual as a Corporate representative who shall be the party to contact on behalf of the Independent Promoter’s Promotership must be sent to the Company with the newly-assigned Promoter ID Number attached. — Although the Company has offered Promoter the opportunity to conduct their Promoter Promoterships as Corporate or Partnership entities, it is agreed that since the Promoter’s Promotership entity is under the control of its owners or principals, the actions of individual owners as they may affect the Company and Promoter’s Promotership are critical to the Company’s business. Therefore, it is agreed that the actions of corporate shareholders, officers, directors, agents, or employees, which are in contravention to the Company’s policies, shall be attributable to the Corporate or Partnership entity. In addition to the foregoing, a properly completed VIVACITY Business Entity Registration must be submitted to VIVACITY. The Business Entity Registration must be signed by all of the shareholders or partners. All shareholders and all partners, as the case may be, are jointly and severally liable for any indebtedness or other obligations to VIVACITY arising out of the operation of VIVACITY Promotership by their corporation or partnership.
Marriage and Promoter Promoterships
Married Promoters’ Spouses (including common law spouses) are considered to be one Promotership, and, accordingly, one spouse may not sponsor the other. If either spouse is enrolled as a Promoter, the couple is considered to be one Promotership.Existing Promoters who Choose To Marry — If existing unmarried Promoters decide to marry, each of their Promoterships may remain intact and in their existing downlines.Separation of a VIVACITY Business — VIVACITY Promoters sometimes operate their VIVACITY businesses as husband-wife partnerships, regular partnerships or corporations. At such time as a marriage may end in divorce or a corporation or partnership (the latter two entities are collectively referred to herein as, entities.) may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other Promoters and the Company, VIVACITY will involuntarily terminate the Promoter Agreement and roll-up their entire organization pursuant to Section 37. During the pendency of a divorce or entity dissolution, the parties must adopt one of the following methods of operation:
One of the parties may, with consent of the other(s), operate the VIVACITY business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize VIVACITY to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.The parties may continue to operate the VIVACITY business jointly on a business-as-usual. basis, whereupon all compensation paid by VIVACITY will be paid in the joint names of the Promoters or in the name of the entity to be divided as the parties may independently agree between themselves.
Similarly, under no circumstances will VIVACITY split commission and bonus checks between divorcing spouses or members of dissolving entities. VIVACITY will recognize only one downline marketing organization and will issue only one commission check per VIVACITY business per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business, the Promoter Agreement shall be involuntarily canceled.
If a former spouse or a former entity Promoter has completely relinquished all rights in their original VIVACITY business, they are thereafter free to enroll under any sponsor of their choosing, so long as they meet the waiting period requirements outlined below. In such case, however, the former spouse or partner shall have no rights to any Promoters in their former organization or to any former retail customer. They must develop the new business in the same manner as any other new Promoter.
Sales, Transfers and Succession of Promoter Promoterships
— A Promoter may not be transferred, assigned, or sold in whole or in part without the prior written approval of the Company. As a condition of the sale or transfer, all parties must provide a statement indicating the terms of the proposed sale or transfer and their agreement, along with notarized signatures and payment of $100 to cover the cost of the transfer. If an Promoter wishes to sell his or her VIVACITY business, the following criteria must be met:
Protection of the existing line of sponsorship must always be maintained so that the VIVACITY business continues to be operated in that line of sponsorship.The buyer or transferee must be (or must become) a qualified VIVACITY Promoter. If the buyer is an active VIVACITY Promoter, he or she must first terminate his or her VIVACITY business simultaneously with the purchase, transfer, assignment or acquisition of any interest in the new VIVACITY business.Before the sale, transfer or assignment can be finalized and approved by VIVACITY. Any debt obligations the selling Promoter has with VIVACITY must be satisfied.The selling Promoter must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a VIVACITY business.
Prior to selling a VIVACITY business, the selling Promoter must notify VIVACITY’s Promoter Support Department of his or her intent to sell the VIVACITY business. No changes in line of sponsorship can result from the sale or transfer of a VIVACITY business.
— To effect a testamentary transfer of a VIVACITY business, the successor must provide the following to VIVACITY: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor’s right to the VIVACITY business; and (3) a completed and executed Promoter Agreement.
— To effect a transfer of a VIVACITY business because of incapacity, the successor must provide the following to VIVACITY: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee’s right to administer the VIVACITY business; and (3) a completed Promoter Agreement executed by the trustee. — Upon the death or incapacitation of a Promoter, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, a Promoter should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a VIVACITY business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Promoter’s marketing organization provided the following qualifications are met. The successor(s) must:
Execute a Promoter Agreement.Comply with terms and provisions of the Agreement and meet all of the qualifications for the deceased Promoters’ status.Provide VIVACITY with an address of record to which all bonus and commission checks will be sent. Bonus and commission checks of a VIVACITY business transferred pursuant to this section will be paid in a single check jointly to the devisees.Form a business entity and acquire a federal taxpayer Identification number. If the business is bequeathed to joint devisees, VIVACITY will issue all bonus and commission checks and one 1099 to the business entity.
Your Promoter Status
— A Promoter must maintain a minimum monthly Personal Volume (PV) to qualify as an active Promoter. This volume is composed of the Promoter’s personal purchases and personal Retail Customers’ orders (not downline purchases or orders) placed through the Company as described in the VIVACITY Compensation Plan. — If a Promoter does not meet the minimum Personal Volume (PV) during a current commission period, the Promoter will be placed on inactive status and will not be eligible to receive overrides or bonuses while inactive. — During any suspension period, a Promoter will have all commissions, overrides and bonuses held and will receive no access to the Promoter Only areas of VIVACITY web site. Reinstatement of the Promoter’s Promotership will occur when the basis for the imposition of the suspension is cured. — Termination of a Promoter’s Promotership may be done voluntarily by a Promoter, or involuntarily by the Company for violating the Company’s Terms and Conditions of the Promoter Agreement and/or these Policies and Procedures. If a Promoter who has voluntarily terminated his/her Promoter Promotership wishes to return and participate in the program he/she must wait for at least 6 months and then complete the enrollment process as a new Promoter. A Promoter who has terminated, voluntarily or involuntarily, will receive no commissions, overrides and/or bonuses after the termination date.
Sponsoring and Training
— All Promoter are entitled to sponsor and train other Promoter in the United States of America (and in other countries where the Company is registered and operating) to become part of the Company’s program. Promoters agree to perform a bona fide supervisory, distributive, and selling function in the sales of the Company’s products to the consumer and in training those sponsored. Promoters should endeavor to have continuing contact and communications with, and management supervision of, their marketing organizations. Such supervision may include, but not be limited to, newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company training, and sharing genealogy information with those sponsored.
Promoters are also responsible to motivate and train new Promoters in VIVACITY product knowledge, effective sales techniques, the VIVACITY Compensation Plan, and compliance with Company Terms and Conditions of Promoters’ Promotership and these Policies and Procedures. Communication with and the training of Promoters must not, however, violate the policies regarding the development of Promoter -produced sales aids and promotional materials.
Promoters must monitor the Promoters in their VIVACITY Organizations to ensure that downline Promoters do not make improper product or business claims, or engage in any illegal or inappropriate conduct.
— Promoters must provide the most current version of the Terms and Conditions of the Promoter Agreement, these Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Promoters before the applicant signs a Promoter Agreement. Additional copies of Policies and Procedures can be acquired from VIVACITY. All VIVACITY Agreements and policies are posted on the www.VivacityGO.com website. — Cross-Group Sponsoring is not allowed and could lead to termination. Cross-Group Sponsoring occurs when a Promoter sponsors an individual who or entity that already has a current Promoter Agreement on file with VIVACITY, or who has had such an agreement within the preceding six calendar months, within a different line of sponsorship. This activity is strictly prohibited. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited and grounds for immediate termination. Promoters shall not demean, discredit or defame other VIVACITY Promoters in an attempt to entice another Promoter to become part of the first Promoter’s marketing organization. This policy shall not prohibit the transfer of a VIVACITY business in accordance with Section 14. The Company will adjust commissions, bonuses, and volume credits by deducting them from the incorrect Cross-Group Sponsorship. — If a Promoter elects to change sponsors, the change must first be preceded by a written resignation, followed by the Promoter’s remaining inactive for a period of 6 months. The terminated Promoter may re-enroll under the new sponsor. The effect of the resignation of the rights of the Promoter will be the same as a termination, as hereinafter discussed, except that it allows for re-enrollment. Only the Promoter wishing to make the sponsorship change may do so. His/her downline marketing organization will not be moved and will move up to the terminating Promoter sponsor. — The Company will not mediate disputes involving sponsorship designation. The Company recognizes the sponsor’s number and name that are received during the initial enrollment through the Internet or otherwise. Once the enrollment is completed, and the New Promoter realizes they signed up under the wrong sponsor. They have 10 days to notify VIVACITY in writing, that an error occurred, and a new sponsor will be assigned. — The Company will not mediate disputes involving sponsorship designation. The Company recognizes the sponsor’s number and name that are received during the initial enrollment through the Internet or otherwise. Once the enrollment is completed, and the New Promoter realizes they signed up under the wrong sponsor. They have 10 days to notify VIVACITY in writing, that an error occurred, and a new sponsor will be assigned. — Promoters must not manipulate enrollments of new Promoter. All Promoter Agreements must be sent to VIVACITY within 72 hours from the time they are signed by a Promoter, if they are executed in hard copy.
Product Pricing and Purchasing
— All personal purchases made by Independent Promoters and/or immediate family members of the Promoter, who are living in the same household, must be made through their own WebStore, using their own ID number. Promoters and/or immediate family members, in the same household, are strictly prohibited from ordering through another Promoter’s Website or ID number. — The Company reserves the exclusive right to change the suggested retail price and Personal Volume (PV) amounts of its products from time to time, and shall give all Independent Promoters at least 30 days prior written notice of any such price change before it becomes effective. — Although VIVACITY provides a suggested retail price as a guideline for selling its products, Promoters may sell VIVACITY products at whatever retail price they and their customers agree upon. — Promoters are compensated based upon retail sales of VIVACITY products. Retail sales provide a foundation for a solid organization. Regardless of their level of achievement, Promoters have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers. — Permissible Promoter purchases shall be automatically modified to comply with the exemption requirements set forth in any state’s laws regulating business opportunities. — Promoters choosing to pay for orders by credit/debit card must use their own credit/debit card. If there is a charge-back to the Company by a Promoters caused by the use of an unauthorized credit/debit card or for any other reason, the Promoters will be terminated from the program. — A Promoters initiating a credit card charge-back or stop payment without prior written notice to the Company will be subject to termination. — No monies should be paid to or accepted by a Promoter for a sale to a personal retail customer except at the time of product delivery. Promoters should not accept monies from retail customers to be held for deposit in anticipation of future deliveries.
Product Sales, Trade Shows, Telephone Sales and Auction
— Promoters may market the Company’s products through direct sales to the end Retail Customer. Because of the nature of the product and legal restrictions, the Company will not permit its product to be sold in retail store-front window displays or on retail stores’ shelves. National retail outlets are not permitted to carry any Company products. — Promoters may display and/or sell VIVACITY products at trade shows and professional expositions. Before submitting a deposit to the event promoter, Promoters must contact Promoter Support in writing for conditional approval, as VIVACITY’s policy is to authorize only one VIVACITY business per event. Final approval will be granted to the first Promoter who submits an official advertisement of the event, a copy of the contract signed by both the Promoter and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to Promoter Support. VIVACITY further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products, services, or the VIVACITY opportunity. — Promoters shall not sell VIVACITY products via live, silent, Internet, or any other type of auction or flea market due to the nature and image such activities portray. — The use of any automated telephone solicitation equipment or “boiler room” telemarketing operations in connection with the marketing or promotion of VIVACITY, its products or the opportunity is prohibited.
Replacement and Returns
— In the event that a Promoter or customer receives damaged product, product is missing from a shipment, or incorrect product is included in a shipment, a replacement will be issued at no charge, provided that the Promoter or Customer contacts VIVACITY within 14 days of receipt to report the damage or discrepancy. Arrangements will be made to replace the damaged products ONLY if VIVACITY receives notification within 14 days of receipt. Any request received after the 14-day timeframe will not be honored. — Retail customers are those customers who purchase directly from the company.
Any products that are purchased by a new Retail Customer (Company Direct Customer) may be returned for a full refund of the purchase price, less shipping and handling, provided that the refund is requested within 30 days from the Retail Customer’s first product order with VIVACITY.
Existing Retail Customers
This is a customer who buys VIVACITY products directly from the Company, through the Corporate website, Promoter website, or calls in directly to the call center. If for any reason a Company Direct Customer is dissatisfied with any VIVACITY product, the Customer may return unopened product within 30 days of the original purchase date and receive a refund equal to the purchase price of the product less a 10% restocking fee, including any applicable taxes, less shipping and handling.
Promoter Direct Customer
This is a customer who buys VIVACITY products directly from a Promoter. If for any reason a Promoter Direct Customer is dissatisfied with any VIVACITY product, the First Time Promoter Direct Customer may return the unused portion of the product to the Promoter from whom it was purchased for a replacement or a full refund of the purchase price (less shipping and handling), within 30 days of the original purchase date. An Existing Promoter Direct Customer may return unused and unopened product to the Promoter from whom it was purchased for a replacement or a full refund of the purchase price (less shipping and handling), within 30 days of the original purchase date. Promoters agree to honor the money-back guarantee and will obtain a replacement shipment of identical product from VIVACITY, once the product has been returned to corporate at the Promoter’s expense. The returned package must also contain the name, phone number, and address of the Promoter Direct Customer.
— The following refund / replacement procedures apply to all returns for refund or replacement:
All products must be returned by either the retail customer or Promoter who originally purchased the product from VIVACITY.In the case of First-Time Customers, the return must contain the unused portion of the product in its original container. In the case of Existing Customers, only unopened product will be refunded.Promoter/Customer must request a RMA number from VIVACITY Customer Service, at 800.928.9401, within 30 days of receipt of shipment. Requests received after the 30-day timeframe will not be honored.Invoice(s) or sales receipts showing purchase of the returned/damaged products from VIVACITY must be enclosed.All returns must be shipped pre-paid to VIVACITY and must be received at VIVACITY’s distribution center within 14 days of receiving a RMA number. VIVACITY does not accept shipping-collect packages (COD). If returned product is not received by the Company’s distribution center, responsibility for tracing and/or loss of the shipment rests upon the sending party.Products, sales aids, and kits shall be deemed “resalable” if each of the following elements is satisfied:The product, sales aid, or kit is unopened and unused.Packaging and labeling has not been altered or damaged.The product and packaging are in a condition that would be commercially reasonable within the trade to resell the product at full price.The product contains current VIVACITY labeling.Sales aids or kits are currently offered for sale.The products, sales aids, or kits in question have not been identified or announced as discontinued, non-returnable, one-time only, event-specific, or seasonal.
Ordering and Shipping Policies
General Order Policies — On mail orders with invalid or incorrect payment, VIVACITY will attempt to contact the Customer by phone, and/or mail to try to obtain another payment. If these attempts are unsuccessful after five working days the order will be returned unprocessed. No C.O.D. orders will be accepted.Online Ordering Instructions — Promoters wishing to order products through the Internet may do so 24 hours a day, 7 days a week. This service allows Promoters to place orders for products directly over an automated system. The system will calculate item totals, shipping/handling charges and any applicable taxes.Confirmation of Orders — A Promoter and/or recipient of an order must confirm that the product received matches the product listed on the shipping invoice, and is free of damage. Failure to notify VIVACITY of any shipping discrepancy or damage within seven days of the date that the products were received by the Promoter or Customer will cancel a Promoter’s or Customer’s right to request a correction.Shipping — All orders will be shipped ground courier, unless otherwise specified. Overnight and 2nd-Day shipping are available for an additional charge per order. Overnight or 2nd-Day shipping does not mean overnight order processing.Back Orders — VIVACITY will normally ship products within 3 business days from the date on which it receives an order. VIVACITY will expeditiously ship any part of an order currently in stock. If, however, an ordered item is out-of-stock, it will be placed on back order and sent when VIVACITY receives additional inventory. Promoters and/or Customers will not be charged and given Personal Sales Volume until the order is filled. An estimated shipping date will also be provided. Back ordered items may be canceled upon a Customer’s or Promoter’s request.Shipping and Handling Charges — All orders will have shipping/handling charges applied to them.
Income Taxes — The Company will request and maintain a record of the Promoter’s Social Security Number or Federal Employer Identification Number as provided by the Promoter at the time of enrolling. Every year, the Company will provide, and file with the applicable federal and state agencies, an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who falls into one of the following categories:Had earnings of over $600 in the previous calendar year.
Each Promoter is responsible for paying local, state, and federal taxes on any income generated as an Independent Promoter. If a VIVACITY business is tax exempt, the Federal tax identification number must be provided to VIVACITY.
Sales Tax Collection — On the sales of the Company’s products, the Company will collect from the Promoter the applicable state sales tax on the wholesale price of the products ordered by the Promoter, as it is for their own personal use. The Company will collect from the Customer the applicable state sales tax on the Preferred or Retail price of the products ordered by the Customer. If a Promoter purchases product at wholesale, and then resells the product at a higher price, the Promoter will be responsible for reporting taxable sales and complying with all rules and regulations as required by the sales tax division of the state where they reside.
The Financial Plan and Compensation
— Promoters must adhere to the terms of the VIVACITY Compensation Plan as set forth in official VIVACITY literature. Promoters shall not offer the VIVACITY opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official VIVACITY literature. Promoters shall not require or encourage other current or prospective Customers or Promoters to participate in VIVACITY in any manner that varies from the program as set forth in official VIVACITY literature. Promoters shall not require or encourage other current or prospective Customers or Promoters to execute any agreement or contract other than official VIVACITY agreements and contracts in order to become a VIVACITY Promoter. Similarly, Promoters shall not require or encourage other current or prospective Customers or Promoters to make any purchase from, or payment to, any individual or other entity to participate in the VIVACITY Compensation Plan other than those purchases or payments identified as recommended or required in official VIVACITY literature. — Promoters are compensated only for the sale of products, not for sponsoring new Promoters into the program. — Commissions, overrides, and bonuses cannot be paid until both the Promoter and his/her sponsor have completed the Promoter enrollment process. — If a Promoter has questions about or believes any errors have been made regarding commissions, bonuses, Activity Reports, or charges, the Promoter must notify VIVACITY in writing within 60 days of the date of the purported error or incident in question. VIVACITY will not be responsible for any errors, omissions or problems not reported to it within 60 days. — Promoters must meet minimum monthly Personal Volume requirements to qualify for override commissions and bonuses. Failure to meet this qualification will result in a status of “inactive,” and no overrides and/or bonus checks earned for the current commission period will be paid. — A Promoter must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as a Promoter complies with the terms of the Agreement, VIVACITY shall pay commissions to such Promoter in accordance with the VIVACITY Compensation plan. No check will be mailed that is less than $25. If a Promoter’s earnings for the month do not meet this requirement, moneys will be carried over to the following month. — Any upline Promoter’s affected by returned products to the Company will accordingly be subject to adjustments in their commissions, overrides and bonus accounts, Personal Volumes, Leadership bonuses, etc. based on all commissions and bonuses paid on the returned products. — The Company reserves the right to modify its Compensation Plan and will notify Promoters of any such changes through its official communications channel(s). — Promoters must deposit or cash commission and bonus checks within three months from their date of issuance. A check that remains non-cashed after three months will be void.
Customers or Promoters who have a credit on account must use their credit within three months from the date on which the credit was issued. — Bonus buying includes: (a) the enrollment of an individual or entity as an Promoter without the knowledge of and/or execution of an Promoter Agreement by such individual or entity; (b) the fraudulent enrollment of an individual or entity as an Promoter or Customer; (c) the enrollment or attempted enrolment of non-existent individuals or entities as Promoters or Customers (phantoms); or (d) the use of a credit card by or on behalf of an Promoter or Customer when the Promoter or Customer is not the account holder of such credit card. Bonus buying constitutes a material breach of these Policies and Procedures, and is strictly and absolutely prohibited.
— Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Promoters because of the nature of their business. However, Promoters must obey those laws that do apply to them. If a city or county official tells a Promoter that an ordinance applies to him or her, the Promoter shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of VIVACITY. In most cases there are exceptions to the ordinance that may apply to VIVACITY Promoters. Otherwise, Promoters shall comply with all federal, state and local statutes, regulations, ordinances, and applicable tax requirements concerning the operation of their businesses. — These Policies and Procedures were created as guidelines for the business relationship and contractual covenants and obligations between the Company and all Independent Promoters. They help ensure the proper operation of the marketing plan on a day-to-day basis. Violation of the Terms and Conditions of the Promoter Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive, improper, threatening or unethical business conduct by a Promoter may result, at VIVACITY’s discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonitionRequiring the Promoter to take immediate corrective measuresImposition of a fine, which may be withheld from bonus and commission checksLoss of rights to one or more bonus and commission checksWithholding from an Promoter all or part of the Promoter’s bonuses and commissions during the period that VIVACITY is investigating any conduct allegedly violative of the Agreement. If an Promoter’s business is canceled for disciplinary reasons, the Promoter will not be entitled to recover any commissions withheld during the investigation periodSuspension of the individuals’ Promoter Agreement for one or more pay periodsTermination of the offenders’ Promoter AgreementFollowing any other measure expressly allowed within any provision of the Agreement or which VIVACITY deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Promoter’s policy violation or contractual breachInstitute legal proceedings for monetary and/or equitable relief.
Advertising and the Media
— Independent Promoters may purchase sales materials, brochures, and literature approved by and available from the Company or its authorized Marketing Support Centers. Only Company-produced materials are permitted, and the Promoter agrees to use only Company-approved sales materials and literature. — The Company will supply guidelines for advertising. All forms of media advertising must be approved by the Company. The use of the Company’s trade name, logos, trademarks, product names and/or copyrighted materials is not permitted without prior written Company approval. Use of any of the above without permission will result in termination of the Promoter’s Promotership. — Promoters are prohibited from: (a) initiating contact with the media (radio, television, newspaper, tabloid, magazine or any other media outlet); or (b) making, engaging in, or participating in any appearance, interview, or any other type of statement to the media, if such contact, appearance, interview, of statement in any way involve the Company, its products, its Promoters, or the subject Promoter’s VIVACITY business without the prior written approval of the Company. Any media inquiries must be immediately referred to the Company. — Promoters must obtain prior written approval of the Company before the publication or airing of any advertising, in any form, involving the Company, its products, or their individual VIVACITY business. — Promoter must use the authorized forms provided by the Company. Agreements and orders will not be accepted or processed on any other forms or worksheets. — Promoters are not permitted to use the Company’s trade name or any of its trademarks on their business or personal checking accounts or checks. — Independent Promoters may purchase business cards, stationery, and printed materials approved by and available from the Company or its authorized Marketing Support Centers. Only Company-produced materials are permitted, and the Promoter agrees to use only Company-approved business cards, stationery, and printed materials. — The names VIVACITY, Awaken-S7, RE-VIVE, Daily Detox, LifeShield, and Ignite EFC, as well as the Company’s logo, literature and product names are protected by trademark and copyright laws, and may not be used for any business purpose without the company’s prior written authorization. Independent Promoters are prohibited from producing, duplicating, altering or procuring from outside sources any literature, sales aids, or sales promotional material using the Company’s name, logos or trademarks without prior written permission from the Company, except as follows:
Promoter’s NameVivacity Promoter
Any violation of this policy may result in the Promoter’s termination.
— Promoters may list themselves as an Independent VIVACITY Promoter in the white and/or yellow pages of the telephone directory under their own name. In the event more than one Promoter wishes to place a listing in the same directory, the telephone company must be advised that such listing is to be in alphabetical order by the Promoter’s last name under the heading: Vivacity Promoter — Promoters are strictly prohibited from listing their toll-free, “800”, numbers under the Company’s trade and/or product names in a manner that could indicate to a third party that the listing is for and by the Company rather than the Promoter as an independent contractor. — Promoters may not answer the telephone by saying, Vivacity or in any other manner that would lead callers to believe that they have reached the Corporate offices of the Company. — There can be no information contrary to that contained in the Company sales promotional materials or literature which becomes incorporated into any form of public advertising and information distributed by the Independent Promoter. Further, only the pre-approved ad slicks may be used by a Promoter in advertising. Any additional or different ad requires prior written Company approval. Failure to do so will result in termination and possible legal action. — No endorsements by Company officers, administrators or outside third parties may be alleged, except as specifically communicated and approved of in Company literature and communications. — Promoters shall not produce or reproduce for sale any personal or Company-produced audio- or video-taped material detailing the Company’s opportunity or product presentations, events or speeches, including conference calls. Video and/or audio taping of Company meetings and conferences is strictly prohibited. Still photography is allowable at the discretion of the meeting host.
— All of the previous advertising policies also refer to any Internet solicitation of VIVACITY products and/or the business, including emails, websites, mailing lists and any other form of Internet presence. — VIVACITY, does not accept “spamming” as an acceptable form of mass marketing of the VIVACITY business opportunity or the VIVACITY product line. The practice of sending mass, unsolicited e-mail is harmful to both the Promoter and Company, creating bad will between the Internet community and our company.
Promoters may not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or “spamming” relative to the operation of their VIVACITY business.
The terms “unsolicited faxes” and “unsolicited e-mail” mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting VIVACITY, its products, its compensation plan or any other aspect of the company which is transmitted to any person. These terms do not include a fax or e-mail: (a) to any person with that person’s prior express invitation or permission; or (b) to any person with whom the Promoter 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 Promoter and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Promoter; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
Violation of this policy may result in sanctions against your Promoter Promotership including suspension or termination of your Promoter Promotership account.
— If a Promoter desires to utilize an Internet web page to promote his or her business, he or she may do so through the company’s official Promoter web sites. Under no circumstances is a Promoter allowed to use the Company’s trade name, logos, trademarks, product names and/or copyrighted materials on any other website, or on-line publications. — Promoters may not use or attempt to register any of VIVACITY’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain name.
Income Claims — In their enthusiasm to enroll prospective Promoters, some Promoters are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new Promoters may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved. At VIVACITY, we firmly believe that the VIVACITY income potential is great enough to be highly attractive, without reporting the earnings of others.
Moreover, the Federal Trade Commission and several states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While Promoters may believe it beneficial to provide copies of checks, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact VIVACITY as well as the Promoter making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because VIVACITY Promoters do not have the data necessary to comply with the legal requirements for making income claims, a Promoter, when presenting or discussing the VIVACITY opportunity or the VIVACITY Compensation Plan to a prospective Promoter, may not make income projections, income claims, or disclose his or her VIVACITY income (including the showing of checks, copies of checks, bank statements, or tax records). Hypothetical income examples that are used to explain the operation of the VIVACITY Compensation Plan, and which are based solely on mathematical projections, may be made to prospective Promoters, so long as the Promoter who uses such hypothetical examples makes clear to the prospective Promoter (s) that such earnings are hypothetical.Furthermore, any profits or success resulting from activities as an Promoter will be based only on sales volume of products offered by the Company and the Promoter or his/her personal groups or organization. Any success achieved will be based completely upon the independent Promoter’s own efforts, commitment, and skill.A Promoter understands and shall make it clear to any Promoters he/she may sponsor, that Promoters will not be successful merely in sponsoring others without substantial efforts being directed at retail sales. The Company believes firmly that the income potential is great enough to be highly attractive in reality without resorting to artificial and unrealistic projections. — Promoter understand and agree to represent that all Company products are sold as consumer items and not medical products. Promoter may not use words such as therapy, therapeutic, cures, heals, healing, speeds or promotes healing, claims of cures, healing or any other medical claims for specific ailments, reference to research and/or clinical studies, or any other statements not used in the Company’s literature. — Promoters understand that they will NOT say or imply that the products are FDA-approved, or discuss or suggest any diagnosis, evaluation, prognosis, description, treatment, therapy, or management or remedy of illness, ailment or disease. Promoters understand that the Company’s products are NOT offered or intended or considered as medicines or medical treatment for any disorder or disease, either mental or physical. — Federal and state regulatory agencies do not approve or endorse network programs. Therefore, Promoters may not represent or imply, directly or indirectly, that the Company’s program has been approved or endorsed by any governmental agency. — The Company assumes no responsibility and/or liability for any oral claims made by its Promoters, customers, employees or advocates. The Company assumes no responsibility and/or liability for any written claims made by its Promoters or customers. — Promoters must present statements about the Company’s products that are in accordance with the sales and training materials provided by the Company in the training materials, brochures, newsletters, etc. The Company has provided specific guidelines for presenting clear, consistent and accurate statements about the products. Promoters agree to follow these guidelines.
Disputes and Policy Violations
— When a Promoters has a grievance or complaint with another Promoters regarding any practice or conduct in relationship to their respective VIVACITY businesses, the complaining Promoters should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party’s upline sponsor. If the matter cannot be resolved, it must be reported in writing to the Promoter Support Department at the Company. The Promoter Support Department will review the facts and attempt to resolve it. — Promoters observing a Policy violation by another Promoter should submit a written report of the violation directly to the attention of the VIVACITY Compliance Department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report. — Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If an Promoter files a claim or counterclaim against VIVACITY, he or she may only do so on an individual basis and not with any other Promoters or as part of a class or consolidated action. Promoters waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the City of Florence, Alabama, unless the laws of the state in which an Promoter resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. The parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure. No other aspects of the Federal Rules of Civil Procedure shall be applicable to arbitration. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the Agreement.Nothing in these Policies and Procedures shall prevent VIVACITY from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect VIVACITY’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
— So long as a Promoter remains active and complies with the Terms and Conditions of the Promoter Agreement and these Policies and Procedures, VIVACITY shall pay commissions to such Promoter in accordance with the Compensation Plan. A Promoter’s bonuses and commissions constitute the entire consideration for the Promoter’s efforts in generating sales and all activities related to generating sales (including building a downline marketing organization). Following a Promoter’s non-renewal of his or her Promoter Agreement, termination for inactivity, or voluntary or involuntary termination of his or her Promoter Agreement (all of these methods are collectively referred to as termination), the former Promoter 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 Promoter whose business is terminated will permanently lose all rights as an Promoter. This includes the right to sell VIVACITY products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Promoter’s former downline marketing organization. In the event of termination, Promoters agree to waive all rights they may have, including, but not limited to, property rights, to their former retail customers, to their former downline marketing organization, as well as prospective downline marketing organization members and retail customers, and to any bonuses, commissions, or other remuneration derived from the sales and other activities from his or her former downline marketing organization and former retail customers.The former Promoter shall not hold himself or herself out as a VIVACITY Promoter and shall not have the right to sell VIVACITY products or services. A Promoter whose Promoter Agreement is terminated shall receive commissions and bonuses only for the last full pay period he or she was active prior to termination (less any amounts withheld during an investigation preceding an involuntary termination). — It is the Promoter’s responsibility to lead his or her marketing organization with the proper example in personal production of sales to end consumers by complying with the sales volume requirements of the Compensation Plan. Without satisfying this requirement, the Promoter will lose his or her right to receive commissions from sales generated through his or her marketing organization. Therefore, Promoters who personally produce less than the required amount of Personal Volume (PV) as specified in the Compensation Plan for any pay period will not receive a commission for the sales generated through their marketing organization for that pay period. If a Promoter has not produced any personal sales, and has not maintained a Promoter website for a period of six consecutive calendar months, his or her Promoter Agreement shall be terminated for inactivity. The termination will become effective on the day following the last day of the 6th month of inactivity. VIVACITY will not provide written confirmation of termination. — A Promoter’s violation of any of the Terms and Conditions of the Promoter Agreement or these Policies and Procedures, including any amendments that may be made by VIVACITY in its sole discretion, including the involuntary termination of his or her Promoter Agreement. Termination shall be effective on the date on which written notice is mailed, return receipt requested, to the Promoter’s last known address, or when the Promoter receives actual notice of termination, whichever occurs first. — 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 Promoter’s signature, printed name, address, and Promoter I.D. Number. — A Promoter may also voluntarily terminate his or her Promoter Agreement by failing to renew the Agreement on its anniversary date. — When a vacancy occurs in an Organization due to the termination of a VIVACITY business, each Promoter below the terminated Promoter will roll up to sponsor of the terminated Promoter. — A new Promoter has 30 days from the order date of his / her Starter Kit in which to cancel the Promoter Application and receive a full refund of their enrollment fee and / or Starter Pack fee. The Promoter will receive a refund, less shipping and handling, upon VIVACITY receiving the Starter Pack with original products and materials in unopened, unused, and resalable condition as originally sent. VIVACITY will not issue a refund for a Starter Pack containing opened product. If a partial kit is returned, the wholesale price of the product less 10% restocking fee will be refunded. After 30 days, VIVACITY deems any new Promoter who has not returned the Starter Pack to have irrevocably accepted the Terms and Conditions of Promoter and any / all policies and procedures of VIVACITY, and to be bound thereby. No refunds of Starter Packs will be allowed after the 30-day period has expired.Any refunds issued shall result in an offset to Promoters who receive commissions, overrides, and bonuses paid out by VIVACITY in conjunction with the original purchase. - A Promoter who returns product for a refund is deemed to voluntarily cancel their Promotership. A Promoter may replace damaged product, without jeopardizing their Promotership.
— VIVACITY wants to provide its Independent Promoters 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 Promoter Support Department. While VIVACITY welcomes constructive input, negative comments and remarks made in the field by Promoters about the Company, its products, or financial plan serve no purpose other than to sour the enthusiasm of other VIVACITY Promoters. For this reason, and to set the proper example for their downline, Promoters must not disparage VIVACITY, other VIVACITY Promoters, VIVACITY’s products, the Compensation plan, or VIVACITY’s directors, officers, or employees. The disparagement of VIVACITY, other VIVACITY Promoters, VIVACITY’s products, the Compensation plan, or VIVACITY’s directors, officers, or employees constitutes a material breach of these Policies and Procedures. Any such disparaging activity will be deemed grounds for termination of the individual’s Promotership. — Promoters are responsible for learning updated information pertaining to the Company and for disseminating that information to their organizations. New forms and literature may periodically replace old forms and literature. Once new forms and literature are available, old materials will cease to be effective and valid. Refer to the revision code at the bottom of each form and piece of literature to determine the most recent version. — Promoters are not permitted to have direct or indirect contact with the Company’s trade vendors for the purposes of attempting to negotiate “special” terms for products, promotional items, sales literature, etc., or to interfere with the Company’s relationship with its vendors. Any such contact will be deemed grounds for termination of the individual’s Promotership. — Promoters may not re-package, re-label, refill or alter the labels on any VIVACITY products, information, materials or programs in any way. VIVACITY products must be sold in their original containers only. Such re-labeling or repackaging would likely violate federal and state laws, which could result in severe criminal penalties. You should also be aware that civil liability can arise when, as a consequence of the re-packaging or re-labeling of products, the persons using the products suffer any type of injury or their property is damaged. — VIVACITY Promoters are free to participate in other, Promoter programs, multilevel or network marketing business ventures or marketing opportunities (collectively network marketing). However, during the term of this Agreement, and for a period of three months following the termination of this Agreement, Promoters may not recruit other VIVACITY Promoters or Customers for any other Promoter programs, and/or another network marketing business. The term recruit means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or through a third party, another VIVACITY Promoter or customer to enroll or participate in another, Promoter program, multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes recruiting even if the solicited Promoter does not join, or the solicited customer does not make a purchase. This conduct also constitutes recruiting if the Promoter’s actions are in response to an inquiry made by another Promoter or Customer. Promoters, who qualify for Sr. Executive compensation, will not be eligible to receive Sr. Executive compensation if they are participating in other Promoter programs, multilevel or network marketing business ventures or marketing opportunities (collectively network marketing).During the term of this Agreement and for a period of one year following the termination of this Agreement, Promoters shall not approach, solicit, induce or entice any VIVACITY Promoter, customer, supplier, or employee to alter, in any way, his or her business or employment relationship with VIVACITY.Promoters must not sell, or attempt to sell, any competing non-VIVACITY products or services to VIVACITY Promoters or Customers. Any product or services in the same generic category as a VIVACITY product or service is deemed to be competing (e.g., any Skin Care product is in the same generic category as VIVACITY’s Skin Care products, and is therefore a competing product, regardless of differences in cost, quality, or ingredients.)Promoters may not display VIVACITY products or services with any other products or services in a fashion that might in any way confuse or mislead a prospective customer or Promoter into believing there is a relationship between the VIVACITY and non-VIVACITY products or services. Promoters may not offer the VIVACITY opportunity, products or services to prospective or existing Customers or Promoters in conjunction with any non-VIVACITY program, opportunity, product or service. Promoters may not offer any non-VIVACITY opportunity, products or services at any VIVACITY-related meeting, seminar or convention, or immediately following such event.Promoter acknowledges and agrees that the foregoing provisions regarding Non-Competition and Non-Solicitation are necessary for VIVACITY to preserve and protect its valuable interests and agrees that such provisions shall survive the termination of the Agreement. — The Company, at its sole discretion, hereby reserves the right to take action or to refuse to take action such as may be necessary to ensure compliance with its Policies or applicable law. Specifically, the Company may refuse to honor certain Promoter requests or to take other preventative action in situations whereby the Company deems a Promoter is acting to circumvent compliance with the Policies or applicable law. The preceding is not the exclusive remedy, but is cumulative with all other remedies, which may be available to the Company at law or in equity. — The Promoter acknowledges and agrees that entering into this Agreement does not violate or breach any other agreement the Promoter may have with any other person or entity. — A Promoter is fully responsible for all of his or her verbal and written statements made regarding VIVACITY products, services, and the VIVACITY Compensation Plan, which are not expressly contained in official VIVACITY materials. Promoters agree to indemnify VIVACITY and VIVACITY directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by VIVACITY as a result of the Promoter’s unauthorized representations or actions. This provision shall survive the termination of the Promoter Agreement. — Because federal, state and local laws, as well as the business environment, periodically change, VIVACITY reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By signing the Promoter Agreement, a Promoter agrees to abide by all amendments or modifications that VIVACITY elects to make. Amendments shall be effective upon notice to all Promoters that the Agreement has been modified. Notification of amendments shall be published in official VIVACITY materials. The Company shall provide or make available to all Promoters a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official web site; (2) electronic mail (e-mail). The continuation of a Promoter’s VIVACITY business or an Promoter’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments. — VIVACITY shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders. — Jurisdiction and Venue of any matter not subject to arbitration shall reside in Florence, Alabama unless the laws of the state in which a Promoter resides expressly require the application of its laws. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Alabama shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which a Promoter resides expressly require the application of its laws. — 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 VIVACITY to exercise any right or power under the Agreement or to insist upon strict compliance by a Promoter 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 VIVACITY’s right to demand exact compliance with the Agreement. Waiver by VIVACITY can be affected only in writing by an authorized officer of the Company. VIVACITY’s waiver of any particular breach by a Promoter shall not affect or impair Promoter’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Promoter. Nor shall any delay or omission by VIVACITY to exercise any right arising from a breach affect or impair VIVACITY’s rights as to that or any subsequent breach.
The existence of any claim or cause of action of a Promoter against VIVACITY shall not constitute a defense to VIVACITY’s enforcement of any term or provision of the Agreement. — The Promoter agrees to hold the Company harmless from, and to indemnify it as regards, any loss, cause of action, litigation, claim, debt, judgment, attachment, execution, demand, cost (including but not limited to attorneys’ fees) or other obligation of any kind arising out of the Independent Promoter’s acts, words, conduct or omission as an independent contractor for the sale of Company products. — Any communication, notice or demand of any kind whatsoever which either the Promoter or the Company may be required or may desire to give or to serve upon the other shall be in writing and delivered by telex, telegram, e-mail or facsimile (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested or by personal service), or by registered or certified mail, postage prepaid, return receipt requested, or by personal service. Any party may change its address for notice by giving written notice to the other in the manner provided in these Policies and Procedures. Any such communication, notice or demand shall be deemed to have been given or served on the date personally served by personal service, on the date of confirmed dispatch if by electronic communication, or on the date shown on the return receipt or other evidence if delivered by mail. — Should any portion of these Policies and Procedures or the Promoter Terms and Conditions, or any other instrument or document referred to herein or issued by the Company, be declared invalid by a court of competent jurisdiction, the balance of all of such shall remain in full force and effect. — TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND ITS PROMOTERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR, AND PROMOTER HEREBY RELEASES THE FORGOING FROM AND WAIVES, ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO THE COMPANY’S PERFORMANCE, NON-PERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY PROMOTER AND THE COMPANY, WHETHER SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY. Furthermore, it is agreed that any damages to Promoter shall not exceed, and is hereby expressly limited to, the amount of the unsold products and/or services owned by the Promoter and any commissions, overrides and bonuses owed to the Promoter. — This statement of Policies and Procedures which is incorporated into the Associate Agreement (Terms and Conditions), along with the Company’s Compensation Plan, constitutes the entire agreement of the parties regarding their business relationship.
Some states do not allow the limitation of liability, so this provision may not apply to you.
I understand that as a Promoter for VIVACITY, a MAKEWAY WELLNESS COMPANY, ("Vivacity" , "Company", "we" or "our"):I have the right to offer for sale VIVACITY products and services in accordance with these Terms and Conditions.I have the right to enroll persons in VIVACITY.If qualified, I have the right to earn commissions pursuant to the VIVACITY Compensation Plan.I agree to present the VIVACITY Compensation Plan and VIVACITY products and services as set forth in official VIVACITY literature.I, the undersigned applicant, am at least 18 years of age and therefore of legal age in the state in which this agreement has been executed by me and understand that this agreement is not binding until receipt and acceptance by VIVACITY at its home office in Florence, AL. I agree that my relationship with VIVACITY as a Promoter is that of a contracting independent contractor and that I alone determine the nature and extent of my activities and hours. I am not an agent, legal Consultant, or employee of VIVACITY and I will not represent that I am otherwise to any third party. I understand that I may not make purchases or enter into any agreements that will bind VIVACITY or its suppliers in any way whatsoever. I agree that I will be solely responsible for paying all expenses that I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses.I have carefully read and agree to comply with the VIVACITY Policies and Procedures and the VIVACITY Compensation Plan, and the Business Entity Application and Agreement (the Business Entity Application and Agreement is not applicable to persons who enroll as individuals) which are incorporated into and made a part of these Terms and Conditions (these documents shall be collectively referred to as the "Agreement"). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from VIVACITY. I understand that the VIVACITY Policies and Procedures and/or the VIVACITY Compensation Plan may be amended at the sole discretion of VIVACITY, and I agree to abide by all such amendments. Notification of amendments shall be posted on VIVACITY ’s website, in your Promoter back-office, and/or sent via email. Amendments shall become effective 30 days after publication. The continuation of my VIVACITY business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.The term of this agreement is for my duration of time served as a Promoter representing VIVACITY (subject to prior cancellation for inactivity pursuant to the Policies and Procedures). If I fail to annually renew my VIVACITY Agreement, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as an Independent Promoter, and I will not be eligible to sell VIVACITY products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. VIVACITY reserves the right to terminate all Promoter Agreements upon 30 days notice if the Company 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. Promoter may cancel this Agreement at any time, and for any reason, upon written notice to VIVACITY at its principal business address. VIVACITY may cancel this Agreement for any reason upon 30 days advance written notice to Promoter.I may not assign any rights under the Agreement without the prior written consent of VIVACITY. Any attempt to transfer or assign the Agreement without the express written consent of VIVACITY renders the Agreement voidable at the option of VIVACITY and may result in termination of my business.I understand that if I fail to comply with the terms of the Agreement, VIVACITY may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and Procedures. 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 for such bonuses or commissions have been completed.VIVACITY, its parent or Promoter companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "Promoters"), shall not be liable for, and I release VIVACITY and its Promoters from, all claims for incidental, consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release VIVACITY and its Promoters from all liability arising from or relating to the promotion or operation of my VIVACITY business and any activities related to it (e.g., the presentation of VIVACITY products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify VIVACITY for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.The Agreement, in its current form and as amended by VIVACITY at its discretion, constitutes the entire contract between VIVACITY and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.Any waiver by VIVACITY of any breach of the Agreement must be in writing and signed by an authorized officer of VIVACITY. Waiver by VIVACITY of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.This Agreement will be governed by and construed in accordance with the laws of the State of Utah without regard to principles of conflicts of laws. In the event of a dispute between a Promoter and VIVACITY arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. VIVACITY shall not be obligated to engage in mediation as a prerequisite to disciplinary action against a Promoter. If the parties are unsuccessful in resolving their dispute through mediation, the dispute and shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures. Notwithstanding the foregoing, either Party shall be entitled to bring an action before the Alabama State Court in Lauderdale County, Alabama, or the United States District Court for the District of Alabama, seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or Promoter lists as well as other trade secrets, trademarks, trade names, patents, and copyrights.This Agreement and all questions of interpretation, construction and enforcement hereof, and all controversies hereunder, shall be governed by the applicable statutory and common law of the State of Alabama [or] (any state where the Company is authorized to do business). The parties agree that (a) any and all litigation arising out of this Agreement shall be conducted only in state or Federal courts located in the State of Alabama, County of Lauderdale [or] (any state where the Company is authorized to do business), and (b) such courts shall have the exclusive jurisdiction to hear and decide such matters. The parties hereby submit to the personal jurisdiction of such courts and waive any objection such party may now or hereafter have to venue or that such courts are inconvenient forums. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law. Montana Residents: A Montana resident may cancel his or her Promoter Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period.
If a Promoter wishes to bring an action against VIVACITY for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against VIVACITY for such act or omission.
I authorize VIVACITY to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
I have carefully read the terms and conditions on the back of this application and agreement, the VIVACITY Policies and Procedures, and the VIVACITY Compensation Plan, and agree to abide by all terms set forth in these documents. I understand that I have the right to terminate my VIVACITY independent business at any time, with or without reason, by sending written notice to the Company at the above listed address or via email at firstname.lastname@example.org.
The Company may change the Site or delete Content or features of the Site at any time, in any way, for any or no reason at our discretion.
All information, materials, functions and other Site content (including Submissions as defined in Paragraph 26 below) provided on the Site (collectively "Content"), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by U.S. and international copyright laws. The collection, arrangement and assembly of all Content on the Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in the Site is strictly prohibited.
Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively "Trademarks") used and displayed on the Site are the Company’s registered and unregistered Trademarks and the Trademarks of the Company’s licensors. Use of our Trademarks, if allowed, must adhere to the Company’s Policies and Procedures relating to Trademarks.
Links from the Site to third party web sites may be provided by the Company. If so, they are provided solely as a convenience to you. If you use such links, you will leave the Site. The Company has not reviewed all such third party sites (if any) and does not control and is not responsible for any of these web sites and their content. The Company does not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them. If you access any third party web sites linked from the Site, you do so at your own risk.
You may not place hyperlinks to the Site without receiving the Company’s prior written consent. If you would like to link to the Site from another web site, submit your request to link to the Site to email@example.com. Unless you receive express written consent from the Company, your request to link to the Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of VIVACITY, a web site that links to the Site:
Shall not imply, either directly or indirectly, that VIVACITY is endorsing its products;Shall not use any of the Company’s Trademarks or the Trademarks of our licensors;Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;Shall not disparage VIVACITY, its officers, agents, employees, products, or services in any way or otherwise negatively affect or harm its/their reputation and goodwill;Shall not present false or misleading information about the Company or the VIVACITY opportunity;Shall not misrepresent any relationship with VIVACITY;Shall not replicate in any manner any content in the Site; andShall not create a browser or border environment around Site material.
VIVACITY is pleased to receive your comments, suggestions, and Submissions regarding the Site, our products and services, and our opportunity. If you transmit to VIVACITY, post, or upload any Submissions to or through the Site, you grant us and our Promoters a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
Some services on the Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify the Company of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site.
"Public Forum" means an area or feature offered as part of the Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have not duty to monitor any Public Forum. You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. VIVACITY is not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
You agree that you will not upload, post, or otherwise distribute to the Site any Submission, Content, or material that:
Promotes the sale of any non- VIVACITY ’s products or services, or directly or indirectly promotes or advertises any non- VIVACITY business opportunity;
is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is profane, violent, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is libelous, slanderous, defamatory, or violates the law.
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;
does not generally pertain to the designated topic or theme of the relevant Public Forum or violates any specific restrictions applicable to a Public Forum; or
is antisocial, disruptive, or destructive, including "flaming", "spamming", "flooding", "trolling", and "griefing", as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of the Agreement, and, as between you and VIVACITY, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
VIVACITY may suspend or terminate your ability to use the Site or any portion thereof for failure to comply with the Agreement or any special items related to a particular service, or as necessary to protect the Company’s intellectual property.
The Site is intended for viewing and use in the United States. If the Site is viewed internationally, you are responsible for compliance with applicable local laws.
Disclaimer of Warranties:
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDINGTHE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE COMPANY WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
Limitation of Liabilities:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, PROMOTERS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, PROMOTERS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
VIVACITY MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
We Guarantee Your Satisfaction. The best just got better! Though it’s very rare but if for any reason you are not satisfied with your purchase we want to know about it. We stand behind our products 100%.
We guarantee the quality on everything we sell. If you think something doesn’t match up to our description of it, return the unused portion in the first 14 days for a 100% refund or exchange, the original shipping & handling charges are non-refundable. The offer is void if product is more than 50% used.
All returns must be authorized by Vivacity in writing prior to returning the item(s) for a refund or exchange. Customer Service will make available to you a “Return Merchandise Authorization Number” or “RMA” number. This number is to be displayed on the outside shipping carton.
Return the unused portion of your item(s) within 14-days from the date of purchase. We need you to return the unused product as it is. You are responsible to cover any shipping costs incurred to ship the item(s) back to our facility. We only ask that you include a short note telling us why you weren’t completely satisfied. It is mandatory to include the purchase order number as this is equivalent to your sales receipt.
You will be advised by the Customer Service of the return address. Please don’t ship products without RMA number. You will be asked to return product(s) to the following addresses:
210 E. Tennessee Street
Florence, AL 35630
Packages that are returned without an RMA number will be refused upon returning to the warehouse(s).Once we receive your return, we will gladly exchange your item(s) or return your money.Refunds will be settled using the same payment method used to pay for the original purchase. All refunds and exchanges are processed within 5 business days of receipt.
Damaged, Defective, or Undelivered Product:
If product is damaged or defective, you are responsible to contact us within ten (10) business days from the purchase date. We will issue a call tag for the product and gladly send a replacement. Please do not discard any product and/or packaging from the shipment until instructed by customer service in writing. We will inspect the undesirable product upon receipt.
In the event that a shipment does not arrive at the address specified for the order or your order is incomplete you must report to Customer Service that the product was not received. We ask that these reports are made within ten (10) business days from the purchase date.
Vivacity, a MAKEWAY Wellness™ Company
210 E. Tennessee Street, Florence, AL 35630
Telephone : (800) 928-9401
By entering this site, you consent to the use of your personal information as set forth below.
This policy does not apply to the practices of companies that Vivacity does not own or control or to people that Vivacity does not employ or manage.
Vivacity uses information for five general purposes: to customize the advertising and content you see, to fulfill your requests for certain products and services, to contact you about specials and new products, to provide Distributors with information they need to manage their businesses, and to maintain and manage the Distributor genealogy.
Cookies are essential "invisible" data files that act as an electronic messenger between your computer and our web site. Cookies enable us to save personal information about you on your computer. The most basic cookie tracks what is in your shopping basket. This saves you time, as you will not have to re-input your Personal Information each time you visit or shop with us. Cookies store your Personal Information for you. Internet browsers have a notification option to let you know when an "invisible" cookie is being sent to you. Through your browser options you can choose not to accept the cookie. However, in not accepting the cookie, you may not be able to experience all functions of www.vivacitygo.com
We may use your IP address to help diagnose problems with our servers and to administer our web sites. Your IP address also may be used to gather broad demographic information and to recognize customer traffic patterns and site usage. This information aids us in merchandising and in developing the design and layout of the site. IP addresses are not linked to personally identifiable information.
Information Collection and Usage.
Vivacity may collect information from several different points on our web site. This information includes but is not limited to the length of each visit, how often you visit, which areas of our site you visit, and items that you purchase, and is collected solely for the purpose of making your Vivacity experience the best it can be. This data helps us make better choices about the information we include on our site. Through our website host, we also collect and store personal information necessary to process orders you place and to maintain your status as an independent Distributor. This includes your name, mailing or physical address, email address, telephone number(s), credit card information, Distributor identification number, order history and compensation history. We also allow Distributors the opportunity to post their photo on their replicated website if they wish.
In addition, we may also use the information collected to occasionally notify you about important changes to our website, new services and offers that we feel might interest you. If you would rather not receive this information, simply follow the directions in the mailing to unsubscribe from the mailing list.
Vivacity uses the information we collect solely for our business purposes. We do not sell or share personal information to third parties other than those third parties who provide services vital to our business (see Third-Party Providers, below) and to other Distributors (see Other Distributors, below) in your organization. However, we may also provide aggregate information and statistics about our customers, sales and related site-information to our third party vendors, but this information and statistics will include no personally identifying information. Please note that we may release information in good faith as is reasonably necessary to comply with the law or protect our rights.
Vivacity uses the services of third-party providers for certain services. In order for these third parties to perform their functions, we must provide certain of your personal information to them. These providers include merchant processing, website hosting service, delivery service providers, product return processors, and software providers.
As a network marketing company, Vivacity provides certain information to Distributors regarding the other Distributors and Customers enrolled in a Distributor’s sales organization. If you enroll as a Distributor with Vivacity, your name, title, email address, and telephone number will be provided to other Distributors in your upline and downline. No other personally identifiable information will be shared with other Distributors.
Whether you place an order or create a profile, our hosting service uses the industry-standard secure server software (SSL) that encrypts all information you input before it is sent to the server. In addition, all of the customer data collected is protected against unauthorized access. Credit card numbers are stored by our software hosting provider.
No data transmission over the Internet will be 100% secure. While we take steps to protect your personal information, we cannot guarantee the security of any information you transmit to us and you do so at your own risk. Upon receiving your transmission, we make all reasonable efforts to ensure its security on our systems. However, you are ultimately responsible for maintaining the secrecy of your username, passwords and/or any account information.
To check the security of your connection, look at the lower left-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from "http" to "https."
Some versions of browsers and some firewalls don’t permit communication through secure servers like the ones we use to process orders. In that case, you’ll be unable to connect to the server, which means you won’t be able to mistakenly place an order through an unsecured connection. If you cannot access the secure server for any reason, please print our order form and place your order by phone or by fax.
Surveys & Contests.
Our site may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site and for our internal marketing research purposes.
California Online Privacy Protection Act Compliance. Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years of age or older.
Making Changes to Your Personally Identifiable Information. Distributors may update their personal information as necessary by logging into the Profile section of your back-office. This allows you to access and edit your account information. In addition, you may contact us at firstname.lastname@example.org to update your profile.