Eco-Nomix Inc and its website Eco-Nomix.org (“hereafter as “ Eco-Nomix ” and the “Company”) recognizes that in order to develop a long-term and mutually rewarding relationship with its Registered Users and Members(“Member”) and Customers, Eco-Nomix and the Members must acknowledge and respect the true nature of the relationship and support the Customers.
In the spirit of mutual respect and understanding, Eco-Nomix is committed to:
Provide prompt, professional and courteous service and communications to all of its Members and Customers.
Provide the highest level of quality products, at fair and reasonable prices.
Exchange or refund the purchase price of any product, service or membership as provided in our Return Policy.
Deliver orders promptly and accurately.
Pay Referral Bonuses accurately and on a timely basis.
Expedite orders if an error or unreasonable delay occurs.
Roll out new products and programs with Member input and planning.
Implement changes in the Compensation Plan or Policies and Procedures that affect the Member with input from the Members
Support, protect and defend the integrity of the Eco-Nomix Business Opportunity
Offer Members an opportunity to grow with Eco-Nomix with such growth guided by the principles of Servant Leadership.
In return, Eco-Nomix expects that its Members will:
Conduct themselves in a professional, honest, and considerate manner.
Present Eco-Nomix Corporate and product information in an accurate and professional manner.
Present the Compensation Plan and Return Policy in a complete and accurate manner.
Not make exaggerated income claims.
Make reasonable effort(s) to support and train Members and Customers in their downline.
Not engage in cross-line recruiting, unhealthy competition or unethical business practices.
Provide positive guidance and training to Members and Customers in their downline while exercising caution to avoid interference with other downlines. As such, a Member is discouraged from providing cross-line training to a Member or Customer in a different organization without first obtaining consent of the Member’s or Customer’s upline sponsor.
Support, protect, and defend the integrity of the Eco-Nomix Business Opportunity
Accurately complete and submit the Member Agreement and any requested supporting documentation in a timely manner.
1.2 Eco-Nomix Policies and Compensation Plan Incorporated into the Member
Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Eco-Nomix Agreement, these Policies and Procedures, and the Eco-Nomix Compensation Plan.
The most current version of these Policies and Procedures and the Eco-Nomix Compensation Plan are available on the Eco-Nomix website and should be read by the potential member before joining.
1.3 Purpose of Policies
Eco-Nomix is a direct sales company that markets products and services through a company sponsored website. Members should refer those with questions about products or the marketing plan to the Website. To clearly define the relationship that exists between Members and Eco-Nomix, and to explicitly set a standard for acceptable business conduct, Eco-Nomix has established these Policies and Procedures.
Eco-Nomix Members are required to comply with; (i) all of the Terms and Conditions set forth in the Member Agreement, which Eco-Nomix may amend from time to time in its sole discretion; (ii) all Federal, State, Provincial, Territorial, and/or local laws governing his, her and/or its Eco-Nomix business; and (iii) these Policies and Procedures.
Eco-Nomix Members must review the information in these Policies and Procedures carefully. Should a Member have any questions regarding a policy or rule, the Member is encouraged to seek an answer from their Sponsor or any other upline Member. If further clarification is needed the Member may contact Eco-Nomix Customer Service.
1.4 Changes, Amendments, and Modifications
Because Federal, State, and local laws, as well as the business environment, periodically change, Eco-Nomix reserves the right to amend the Agreement and the prices in its Eco-Nomix Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Eco-Nomix Materials. This provision does NOT apply to the arbitration clause found in Section 13, which can only be modified via mutual consent.
Any such amendment, change, or modification shall be effective immediately upon notice by one of the following methods:
Posting on the official Eco-Nomix website;
Electronic mail (e-mail); or
In writing through the Eco-Nomix newsletters or other Eco-Nomix communication channels.
Eco-Nomix shall not be responsible for delays or failures in performance of its obligations when such failure is due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, transportation difficulties, riot, war, fire, and/or weather, curtailment of a source of supply, or government decrees or orders.
1.6 Effective Date
These Policies and Procedures shall become effective as of Jan 1st, 2017 and, at such time, shall automatically supersede any prior Policies and Procedures (the “old Policies and Procedures”), and, on that date, the old Policies and Procedures shall cease to have any force or effect.
2.0 BASIC PRINCIPLES
2.1 Becoming An Eco-Nomix Member
To become a Member, an applicant must comply with the following requirements:
Be of the age of majority (not a minor) in his or her state of residence.
Reside or have a valid address where materials may be sent.
Have a valid Social Security Number, Federal Tax Identification Number or submit a fully executed IRS W8 or equivalent if living outside of the US.
Submit a properly completed and electronically signed Member Agreement to Eco-Nomix through its website.
2.2 New Member Registration
A potential new Member will self-enroll on the Sponsor’s website. Eco-Nomix will accept the Web-enrollment and Member Agreement by accepting the “electronic signature” stating the new Member has accepted the Terms and Conditions of such Member Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Member and Eco-Nomix.
Eco-Nomix reserves the right to require signed paperwork for any account, regardless of origin.
If requested the signed Member Agreement must be received by Eco-Nomix within 14 days of enrollment.
Signed documents, including, but not limited to, Member personal agreements, are legally binding contracts which must not be altered, tampered with or changed in any manner after they have been signed. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been signed may lead to sanctions, up to and including involuntary termination of the Member’s position.
2.3 Rights Granted
Eco-Nomix hereby grants to the Member a non-exclusive right, based upon the Terms and Conditions contained in the Member Agreement and these Policies and Procedures, to:
Purchase Eco-Nomix products and services
Promote and sell their own products and services through the Eco-Nomix website; and
Sponsor new Members and Customers in the United States and in countries where Eco-Nomix may become established after the effective date of these Policies and Procedures.
2.4 Identification Numbers
Each Member is required to provide his or her Social Security Number, or Federal Tax Identification Number, if located in the United States or any of its territories, to Eco-Nomix on the Member Agreement. Equivalent documentation will be required from those outside of the US. Eco-Nomix reserves the right to withhold commission payments from any Member who fails to provide such information or who provides false information.
Upon enrollment, Eco-Nomix will provide an Eco-Nomix Identification Number to the Member. This number will be used to place orders, structure organizations, and track commissions and bonuses.
2.5 Renewals and Expiration of the Member Agreement
There are no renewal fees or purchase requirements for members to maintain their membership.
There is a annual fee of $9.95 (US) or $19.95 (International) for the Debit card if purchased. If this fee is not paid by the renewal date, then the card will go inactive until annual fee is paid. Referral Fees accumulate with or without an active Debit Card.
Any Member who was terminated is not eligible to re-apply for an Eco-Nomix Membership for 12 months following the Termination of the Member Agreement.
The downline of the terminated Member will roll up to the immediate, upline Sponsor.
2.6 Business Entities
A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity”) may apply to be an Eco-Nomix Member. This Member business and position will remain temporary until the proper documents are submitted. The Business Entity must submit one of the following documents: Certificate of Incorporation, Articles of Organization, Partnership Agreement or appropriate Trust documents. Eco-Nomix must receive these documents within 14 days from the date the Member Agreement was signed.
An Eco-Nomix Member may change their status under the same Sponsor from an individual to a partnership, LLC, corporation, trust or from one type of business entity to another.
2.7 Independent Business Relationship; Indemnification for Actions
The Eco-Nomix Member is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Member’s success depends on his or her independent efforts.
The Agreement between Eco-Nomix and its Members does not create an employer/employee relationship, agency, partnership, or joint venture between Eco-Nomix and the Member.
An Eco-Nomix Member shall not be treated as an employee of Eco-Nomix for any purposes, including, without limitation, for Federal, State, or Provincial tax purposes. All Members are responsible for paying local, State, Provincial, and Federal taxes due from all compensation earned as a Member of Eco-Nomix. Any other compensation received by Members from Eco-Nomix will be governed by applicable U.S. or Canadian tax laws (or the tax laws of any other applicable jurisdiction). The Member has no express or implied authority to bind Eco-Nomix to any obligation or to make any commitments by or on behalf of Eco-Nomix. Each Member, whether acting as management of a Business Entity or represented as an individual, shall establish his or her own goals, hours, and methods of operation and sale, so long as he or she complies with the Terms of the Member Agreement, these Policies and Procedures and applicable State, Federal and Provincial laws.
The Eco-Nomix Member is fully responsible for all of his or her verbal and written communications made regarding Eco-Nomix products, services, and the Compensation Plan that are not expressly contained within official Eco-Nomix materials. Members shall indemnify and hold harmless Eco-Nomix, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by Eco-Nomix as a result of the Member’s unauthorized representations or actions. This Provision shall survive the termination of the Eco-Nomix Member Agreement.
2.8 Insurance – Business Pursuits Coverage
Eco-Nomix encourages Members to arrange insurance coverage for their business. A homeowner’s insurance policy does not cover business related injuries, or the theft of, or damage to, inventory or business equipment. Eco-Nomix Members need to contact their insurance agent to make certain their business property is protected. In most instances, this may be accomplished with a “Business Pursuit” endorsement to an existing homeowner’s policy.
2.9 Errors or Questions
If a Member has questions about, or believes any errors have been made regarding Referral Fees, business reports, orders, or charges, the Member must notify Eco-Nomix in writing within 30 days of the date of the error or incident in question. Any such errors, omissions or problems not reported within 30 days shall be deemed waived by the Member.
3.0 Eco-Nomix’S Member RESPONSIBILITIES
3.1 Correct Addresses
It is the responsibility of the Member or Customer to make sure Eco-Nomix has the correct shipping address before any orders are shipped.
A Member or Customer will need to allow up to 30 days for processing after the notice of address change has been received by Eco-Nomix.
A Member or Customer may be assessed a $20 fee for returned shipments due to an incorrect shipping address.
3.2 Training and Leadership
Any Eco-Nomix Member who Sponsors another Member into Eco-Nomix must perform an authentic assistance and training functions to ensure his or her downline is properly operating his or her Eco-Nomix business. Sponsoring Members should have ongoing contact and communication with the Members in their downline organizations. Examples of communication may include, but are not limited to, newsletters, written correspondence, telephone, contact, team calls, voice-mail, e-mail, personal meetings, accompaniment of downline Members to Eco-Nomix meetings, training sessions and any other related functions.
A Sponsoring Eco-Nomix Member should monitor the Members in his or her downline organizations to ensure that downline Members do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, such Member should be able to provide documented evidence to Eco-Nomix of his or her ongoing fulfillment of the responsibilities of a Sponsor.
Upline Members are encouraged to motivate and train new Members about Eco-Nomix’s products and services, effective marketing techniques, the Eco-Nomix Compensation Plan and compliance with company Policies and Procedures.
As all referrals are based upon sales usage of Eco-nomix products are to be encouraged.
We emphasize that ALL sales of Eco-Nomix’s products and services to Customers are handled by the website.
Use of Sales Aids – To promote both the products and the opportunity Eco-Nomix offers, Members must use the sales aids and support materials produced by Eco-Nomix. If Eco-Nomix Members develop their own sales aids and promotional materials, which includes Internet advertising, notwithstanding Members’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the Eco-Nomix business. These violations, although they may be relatively few in number, could jeopardize the Eco-Nomix opportunity for all Members. Accordingly, Members must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the Member receives specific written approval to use the material, the request shall be deemed denied. All Members shall safeguard and promote the good reputation of Eco-Nomix and its products. The marketing and promotion of Eco-Nomix, the Eco-Nomix opportunity, the Compensation Plan, and Eco-Nomix products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.3 Constructive Criticism; Ethics
Eco-Nomix desires to provide its independent Members with the best products and services and Compensation Plan in the industry. Accordingly, Eco-Nomix values constructive criticism and encourages the submission of written comments addressed to Eco-Nomix Compliance Department.
Negative and disparaging comments about Eco-Nomix, its products or Compensation Plan, by Members made to Eco-Nomix, in the Field or at Eco-Nomix meetings or events, or disruptive behavior at Eco-Nomix meetings or events, serve no purpose other than to dampen the enthusiasm of other Eco-Nomix Members. Eco-Nomix Members must not belittle Eco-Nomix, other Eco-Nomix Members, products or services, the Compensation Plan, or Eco-Nomix directors, officers, or employees, product suppliers or agents. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by Eco-Nomix.
Eco-Nomix endorses the following code of ethics:
An Eco-Nomix Member must show fairness, tolerance, and respect to all people associated with Eco-Nomix, regardless of race, gender, social class or religion, thereby fostering a “positive atmosphere” of teamwork, good morale and community spirit.
A Member shall strive to resolve business issues, including situations with upline and downline Members, by emphasizing tact, sensitivity, good will and taking care not to create additional problems.
Eco-Nomix Members must be honest, responsible, professional and conduct themselves with integrity.
Eco-Nomix Members shall not make disparaging statements about Eco-Nomix, other Members, Eco-Nomix employees, product suppliers or agents, products, services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.
Eco-Nomix may take appropriate action against a Member if it determines, in its sole discretion, that a Member’s conduct is detrimental, disruptive, or injurious to Eco-Nomix or to other Members.
3.4 Reporting Policy Violation
A Member who observes a policy violation by another Member should submit a written and signed letter (e-mail will not be accepted) of the violation directly to the Eco-Nomix Corporate office. The letter shall set forth the details of the incident as follows:
The nature of the violation;
Specific facts to support the allegations;
Number of occurrences;
Persons involved; and
Once the matter has been presented to Eco-Nomix, it will be researched thoroughly by the Compliance Department and appropriate action will be taken if required.
This section refers to the general reporting of Policy violations as observed by other Members for the mutual effort to support, protect, and defend the integrity of the Eco-Nomix business and opportunity. If a Member has a grievance or complaint against another Member which directly relates to his or her Eco-Nomix business, the Procedures set forth in these Policies must be followed.
The Sponsor is the person who introduces a Member or Customer to Eco-Nomix, helps them complete their enrollment, and supports and trains those in their downline.
Eco-Nomix recognizes the Sponsor as the name(s) shown on the first:
Physically signed Eco-Nomix Member Agreement on file; or
Electronically signed Member Agreement from a website or an Eco-Nomix Members website.
Was referenced by the new Member when using a Referral Link to access the site
A Member Agreement that contains notations such as “by phone” or the signatures of other individuals (i.e. Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by Eco-Nomix.
Eco-Nomix recognizes that each new prospect has the right to ultimately choose his or her own Sponsor, but Eco-Nomix will not allow Members to engage in unethical sponsoring activities.
All active Members in good standing have the right to Sponsor and enroll others into Eco-Nomix. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Member will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Member who presented a comprehensive introduction to Eco-Nomix products or business opportunity.
A Protected Prospect is a guest of any Eco-Nomix Member or Customer who attended an Eco-Nomix event or conference call. For 60 days following the event, a Protected Prospect cannot be solicited or sponsored by any other Eco-Nomix Member who attended the same event. An Eco-Nomix event can be defined as the following:
Any Eco-Nomix training session;
Fly-in meeting; or
Presentation, including but not limited to an Eco-Nomix at home presentation, whether sponsored by Eco-Nomix, a Member, a Customer, or an agent or agency designated by Eco-Nomix.
3.6 Cross Sponsoring Prohibition
“Cross sponsoring” is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity, that already has a signed Member Agreement. Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified by Eco-Nomix, sanctions up to and including termination of a Member’s position may be imposed.
The use of a Spouse’s or relative’s name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal ID numbers, or fictitious ID numbers to evade or circumvent this Policy is not permitted.
This Policy does not prohibit the transfer of an Eco-Nomix business in accordance with Eco-Nomix Sale or Transfer Policy set forth in these Policies.
3.7 Adherence to the Eco-Nomix Compensation Plan
A Member must adhere to the Terms of the Eco-Nomix Compensation Plan as set forth in these Policies and Procedures as well as in official Eco-Nomix literature. Deviation from the Compensation Plan is prohibited.
A Member shall not offer the Eco-Nomix opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official Eco-Nomix literature.
A Member shall not require or encourage a current or prospective Customer or Memberr to participate in Eco-Nomix in any manner that varies from the Compensation Plan as set forth in official Eco-Nomix literature.
A Member shall not require or encourage a current or prospective Customer or Member to make a purchase from or payment to any individual or other entity as a condition to participating in the Eco-Nomix Compensation Plan, other than such purchases or payments required to naturally build their business.
3.8 Adherence to Laws and Ordinances
Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Members because of the nature of the business.
However, Members must check their local laws and obey the laws that do apply to them.
An Eco-Nomix Member shall comply with all Federal, State, Provincial and local laws and regulations in their conduct of his or her Eco-Nomix business.
3.9 Compliance with Applicable Income Tax Laws
Eco-Nomix will automatically provide a complete 1099 Miscellaneous Income Tax form (nonemployee compensation) to each US Member whose earnings for the year is at least $600, or who received trips, prizes or awards valued at $600 or more. If earnings and purchases are less than stated above, IRS forms will be sent only at the request of the Member, and a minimum charge of $20 may be assessed by Eco-Nomix. Canadian T-4’s will be sent to Members who earn more than $500 or who received trips, prizes, or awards valued at $500 or more. Eco-Nomix Members are responsible for the payment of taxes on these trips, prizes, or awards provided to them by Eco-Nomix. Eco-Nomix member who reside outside of the US or Canada will be subject to reporting as required for that country.
A Member accepts sole responsibility for and agrees to pay all Federal, State, Provincial and local taxes on any income generated as an independent Contractor, and further agrees to indemnify Eco-Nomix from any failure to pay such tax amounts when due.
If a Member’s business is tax exempt, the Federal Tax Identification number must be provided to Eco-Nomix in writing.
Eco-Nomix encourages all Members to consult with a tax advisor for additional information for their business.
3.10 One Eco-Nomix Business Per Household
A Member may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Eco-Nomix position. No individual may have, operate or receive compensation from more than one Eco-Nomix business. Individuals of the same Household may not enter into or have an interest in another Eco-Nomix position. A “Household” is defined as all individuals who are living at or doing business at the same address, and who are related by blood, marriage, domestic partnership, or adoption, or who are living together as a family unit or in a family-like setting.
3.11 Actions of Household Members or Member Parties
If any member of a Member’s immediate household engages in any activity which, if performed by the Member, would violate any provision of the Agreement, such activity will be deemed a violation by the Member and Eco-Nomix may take disciplinary action pursuant to these Policies and Procedures against the Member. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Eco-Nomix may take disciplinary action against the Business Entity. Likewise, if a Member enrolls in Eco-Nomix as a Business Entity, each Member Party of the Business Entity shall be personally and individually bound to, and must comply with, the Terms and Conditions of the Agreement.
3.12 Solicitation for Other Companies or Products
An Eco-Nomix Member may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities. However, during the Term of this Agreement and for one (1) year thereafter, an Eco-Nomix Member may not recruit any Eco-Nomix Member or Customer for any other direct sales or network marketing business, unless that Member or Customer was personally sponsored by such Member.
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 Member or Customer to enroll or participate in any network marketing opportunity. This conduct represents recruiting even if the Member’s actions are in response to an inquiry made by another Member or Customer.
During the term of this Agreement and for a period of six (6) months thereafter, any Eco-Nomix Member must not sell, or entice others to sell, any competing products or services, including training materials, to Eco-Nomix Customers or Members. Any product or service in the same category as an Eco-Nomix product or service is deemed to be competing (i.e., any competing product or service regardless of differences in cost or quality. This provision does not apply where professional services are the primary source of revenue and the product sales are secondary (e.g., doctor’s offices, clinics, health clubs, spas and beauty salons).
However, a Member may sell non-competing products or services to Eco-Nomix Customers and Members that they personally sponsored.
A Member may not display or bundle Eco-Nomix products or services, in sales literature, on a website or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer or Member into believing there is a relationship between the Eco-Nomix and non-Eco-Nomix products and services.
An Eco-Nomix Member may not offer any non-Eco-Nomix opportunity, products or services at any Eco-Nomix related meeting, seminar or convention, or immediately following an Eco-Nomix event.
A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between Eco-Nomix and its Members and would inflict irreparable harm on Eco-Nomix. In such event, Eco-Nomix may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Member or such Member’s positions including termination, or seek immediate injunctive relief without the necessity of posting a bond.
3.13 Presentation of the Eco-Nomix Opportunity
In presenting the Eco-Nomix opportunity to potential Customers and Members, a Member is required to comply with the following provisions:
A Member shall not misquote or omit any significant material fact about the Compensation Plan.
A Member shall make it clear that the Compensation Plan is based upon sales of Eco-Nomix products and services and upon the sponsoring of other Members.
A Member shall make it clear that success can be achieved only through substantial independent efforts.
An Eco-Nomix Member shall not make unauthorized income projections, claims, or guarantees while presenting or discussing the Eco-Nomix opportunity or Compensation Plan to prospective Members or Customers.
A Member may not make any claims regarding products or services of any products offered by Eco-Nomix, except those contained in official Eco-Nomix literature.
A Member may not use official Eco-Nomix material to promote the Eco-Nomix business opportunity in any country where Eco-Nomix has not established a “presence.”
In an effort to conduct best business practices, Eco-Nomix has developed the Income Disclosure Statement (“IDS”). The Eco-Nomix IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Eco-Nomix Members earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Members.
A copy of the IDS must be presented to a prospective Member anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
Examples of “statements of non-average earnings” include, “Our number one Member earned over a million dollars last year” or “Our average ranking Member makes five thousand per month.”
An example of a “statement of earnings ranges” is “The monthly income for our higher ranking Members is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”
3.14 Sales Requirements are Governed by the Compensation Plan
Eco-Nomix Members may purchase Eco-Nomix products and then re-sell them at any price they choose unless otherwise specified by Eco-Nomix or by any/its product suppliers on a per product basis. Eco-Nomix will provide suggested selling prices. There are no exclusive territories granted to anyone. No franchise fees are applicable to an Eco-Nomix business. However, such practices are discouraged. Members should purchase only those products that they need or can utilize personally. Each member has direct access to products through the website.
The Eco-Nomix program is built on sales to the ultimate consumer. Eco-Nomix encourages its Members to only purchase inventory that they and their family will personally consume or will be used as a sales tool. Members must never attempt to influence any other Member to buy more products than they can reasonably use.
The Eco-Nomix program is built on sales to the ultimate consumer. Eco-Nomix encourages its Members to only purchase inventory that they and their family will personally consume or will be used as a sales tool. Members must never attempt to influence any other Member to buy more products than they can reasonably use.
4.1 General Order Policies
“Bonus Buying” is strictly and absolutely prohibited. Bonus Buying includes; (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or Business Entities; (b) the fraudulent enrollment of an individual or entity as a Member or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or Business Entities as Members or Customers (“phantoms”); (d) purchasing Eco-Nomix products or services on behalf of another Member or Customer, or under another Member’s or Customer’s ID number, to qualify for bonuses; (e) purchasing excessive amounts of products or services that cannot reasonably be used; and/or (f) any other mechanism or artifice to qualify for incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
A Member shall not use another Member’s or Customer’s credit card or debit checking account to enroll in Eco-Nomix or purchase products or services without the account holder’s written permission. Such documentation must be kept by the Member indefinitely in case Eco-Nomix needs to reference this.
Regarding an order with an invalid or incorrect payment, Eco-Nomix will attempt to contact the Member by phone, mail or e-mail in order to obtain another form of payment. If these attempts are unsuccessful after 10 business days, the order will be canceled.
If a Member wants to move an order to another Member’s position, he or she must have prior authorization, of all parties involved. Eco-Nomix will charge the Member a $20 fee for processing.
Prices are subject to change without notice.
A Member or Customer who is a recipient of a damaged or incorrect order must notify Eco-Nomix within 30 calendar days from receipt of the order and follow the Procedures as set forth in these Policies.
4.2 Insufficient Funds
All checks returned for insufficient funds will be re-submitted for payment. A $35 fee will be charged to the account of the Member or Customer for all returned checks and insufficient funds.
All transactions involving returned checks or insufficient funds through ACH or credit card, which are not resolved in a timely manner by the Member, constitute grounds for disciplinary sanctions.
If a credit card order or automatic debit is declined the first time, the Customer or Member will be contacted for an alternate form of payment. If payment is declined a second time, the Customer or Member may be deemed ineligible to purchase Eco-Nomix products or services.
4.3 Sales Tax Obligation
The Member shall comply with all State, Provincial and local taxes and regulations governing the sale of Eco-Nomix products and services.
Eco-Nomix will collect and remit sales tax on Member orders unless a Member furnishes Eco-Nomix with the appropriate Resale Tax Certificate form. When orders are placed with Eco-Nomix, sales tax is prepaid based upon the suggested retail price. Eco-Nomix will remit the sales tax to the appropriate state, Provincial and local jurisdictions. The Member may recover the sales tax when he or she makes a sale. Eco-Nomix Members are responsible for any additional sales taxes due on products marked up and sold at a higher price.
Eco-Nomix encourages each Member to consult with a tax advisor for additional information for his or her business.
4.4 Chargeback Policy
When Eco-Nomix receives notice of a chargeback from either a customer or a Member, the sponsor will be assessed a $50 fee. This is done to ensure Eco-Nomix Members are always careful when it comes to credit card related issues.
5.0 PAYMENT OF BONUSES
5.1 Bonus Qualifications
A Member must be in compliance with Eco-Nomix Policies and Procedures to qualify for bonuses. So long as a Member complies with the Terms of the Agreement, Eco-Nomix shall pay Referral Bonusess to such Member in accordance with the Compensation Plan.
Eco-Nomix will not issue a payment to a Member without the receipt of a completed and signed Eco-Nomix Member Agreement or Electronic Authorization.
Eco-Nomix reserves the right to postpone bonus and commission payments until such time the cumulative amount exceeds $25.
5.2 Computation of Commissions and Discrepancies
In order to qualify to receive bonuses, a Member must be in good standing and comply with the Terms of the Agreement and these Policies and Procedures. Referral Bonuses are calculated as sales of products are completed.
An Eco-Nomix Member must review his or her monthly statement and bonus reports promptly and report any discrepancies within 30 days of receipt. After the 30-day “grace period” no additional requests will be considered for commission recalculations.
For additional information on payment of Referral Bonuses, please review the Compensation Plan.
5.3 Adjustments to Bonuses for Returned Products or Member Memberships.
A Member receives bonuses based on the actual sales of products and services to end consumers and to Members through product and service purchases. When a product or service is returned to Eco-Nomix for a refund from the end consumer or by a Member, the bonuses and commissions attributable to the returned product or service will be deducted from the Member who received bonuses or commissions on such sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.
In the event that a Member terminates his or her position, and the amounts of the bonuses attributable to the returned products or services have not yet been fully recovered by Eco-Nomix, the remainder of the outstanding balance may be offset against any other amounts that may be owed by Eco-Nomix to the terminated Member.
6.0 SATISFACTION GUARANTEED AND RETURN OF SALES AIDS
Eco-Nomix offers a one hundred percent (100%) thirty-day money back guarantee for all non customized products.
With respect to return of Sales Aids, Eco-Nomix offers various refund opportunities depending on the product or service purchased. Shipping and handling charges incurred will not be refunded.
Customized products (such as business cards and or Payroll Debit Cards) may only be returned if the customized information (name, address, etc) is other than as ordered.
6.1 Return Process
All returns, whether by a Customer, or Member, must be made as follows:
Obtain Return Merchandise Authorization (“RMA”) from Eco-Nomix;
Ship items to the address provided by Eco-Nomix Customer service when you are given your RMA.
Provide a copy of the invoice with the returned products or service. Such invoice must reference the RMA and include the reason for the return.
Ship back product in manufacturer’s box exactly as it was delivered.
All returns must be shipped to Eco-Nomix pre-paid, as Eco-Nomix does not accept shipping collect packages. Eco-Nomix recommends shipping returned product by UPS or FedEx with tracking and insurance as risk of loss or damage in shipping of the returned product shall be borne solely by the Customer, or Member. If returned product is not received at Eco-Nomix Distribution Center, it is the responsibility of the Customer, or Member to trace the shipment and no credit will be applied.
The return of $500 or more of products accompanied by a request for a refund within a calendar year, by a Member, may constitute grounds for involuntary termination.
7.2 Expectation of Privacy
Eco-Nomix recognizes and respects the importance its Customers and Members place on the privacy of their financial and personal information. Eco-Nomix will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of its Customers’, and Members’ financial and account information and nonpublic personal information.
By entering into the Member Agreement, a Member authorizes Eco-Nomix to disclose his or her name and contact information to upline Members solely for activities related to the furtherance of the Eco-Nomix business. A Member hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and servicing his or her downline organization and conducting the Eco-Nomix business.
Eco-Nomix will not disclose any personal information to outside third parties unless required by law.
7.3 Employee Access to Information
Eco-Nomix limits the number of employees who have access to Customer’s and Members’ nonpublic personal information.
8.0 PROPRIETARY INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary Information
By completing and signing the Eco-Nomix Member Agreement, the Member acknowledges that Business Reports, lists of Customer and Member names and contact information and any other information, which contain financial, scientific or other information both written or otherwise circulated by Eco-Nomix pertaining to the business of Eco-Nomix (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to Eco-Nomix.
8.2 Obligation of Confidentiality
During the Term of the Eco-Nomix Member Agreement and for a period of five (5) years after the termination or expiration of the Member Agreement between the Member and Eco-Nomix, the Member shall not;
Use the information in the Reports to compete with Eco-Nomix or for any purpose other than promoting his or her Eco-Nomix business;
Use or disclose to any person or entity any confidential information contained in the Reports, including the replication of the genealogy in another network marketing company.
8.3 Breach and Remedies
The Member acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to Eco-Nomix and to independent Eco-Nomix businesses. Eco-Nomix and its Members will be entitled to injunctive relief or to recover damages against any Member who violates this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of attorney’s fees, court costs and expenses.
8.4 Return of Materials
Upon demand by Eco-Nomix, any current or former Member will return the original and all copies of all “Reports” to Eco-Nomix together with any Eco-Nomix confidential information in such person’s possession.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
9.1 Labeling, Packaging, and Displaying Products
An Eco-Nomix Member may not re-label, re-package, refill, or alter labels of any Eco-Nomix product, or service, information, materials or program(s) in any way. Eco-Nomix products and services must only be sold in their original containers from Eco-Nomix. Such re-labeling or re-packaging violates Federal, and State and Provincial laws, which may result in criminal or civil penalties or liability.
Eco-Nomix will permit Members to solicit and make Commercial Sales upon prior written approval from Eco-Nomix. For the purpose of these Policies and Procedures, the term “Commercial Sale” means the sale of;
Eco-Nomix products that equal or exceed $5,000 in a single order;
Products sold to a third party who intends to resell the products to an end consumer.
A Member may sell Eco-Nomix products and services and display the Eco-Nomix trade name at any appropriate display booth (such as trade shows) upon prior written approval from Eco-Nomix.
Eco-Nomix reserves the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its products and services, or the Eco-Nomix opportunity.
9.2 Use of Company Names and Protected Materials
An Eco-Nomix Member must safeguard and promote the good reputation of Eco-Nomix and the products and services it markets. The marketing and promotion of Eco-Nomix, the Eco-Nomix opportunity, the Compensation Plan, and Eco-Nomix products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.
All promotional materials supplied or created by Eco-Nomix must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Eco-Nomix Compliance Department.
The name of Eco-Nomix, each of its product and service names and other names that have been adopted by Eco-Nomix in connection with its business are proprietary trade names, trademarks and service marks of Eco-Nomix. As such, these marks are of great value to Eco-Nomix and are supplied to Members for their use only in an expressly authorized manner.
An Eco-Nomix Member’s use of the name “Eco-Nomix” is restricted to protect Eco-Nomix proprietary rights, ensuring that the Eco-Nomix protected names will not be lost or compromised by unauthorized use. Use of the Eco-Nomix name on any item not produced by Eco-Nomix is prohibited except as follows:
[Member’s name] Independent Eco-Nomix Member
[Member’s name] Independent Member of Eco-Nomix products and services.
Further procedures relating to the use of the Eco-Nomix name are as follows:
All stationary (i.e. letterhead, envelopes, and business cards) bearing the Eco-Nomix name or logo intended for use by the Member must be approved in writing by the Eco-Nomix Compliance Department.
Eco-Nomix Members may list “Independent Eco-Nomix Member or Member” in the white pages of the telephone directory under his or her own name.
Eco-Nomix Members may not use the name Eco-Nomix in answering his or her telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, “Independent Eco-Nomix Member.”
Certain photos and graphic images used by Eco-Nomix in its advertising, packaging, and websites are the result of paid contracts with outside vendors that do not extend to Members. If a Member wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee.
An Eco-Nomix Member shall not appear on or make use of television or radio, or make use of any other media to promote or discuss Eco-Nomix or its programs, products or services without prior written permission from the Eco-Nomix Compliance Department.
A Member may not produce for sale or distribution any Company event or speech, nor may a Member reproduce Eco-Nomix audio or video clips for sale or for personal use without prior written permission from the Eco-Nomix Compliance Department.
Eco-Nomix reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Member.
A Member shall not promote non-Eco-Nomix products or services in conjunction with Eco-Nomix products or services on the same websites or same advertisement without prior approval from Eco-Nomix Compliance.
9.3 Faxes and E-mail – Limitations
Except as provided in this section, a Member may not use or transmit unsolicited faxes, email, mass email distribution, or “spamming” that advertises or promotes the operation of his or her Eco-Nomix business. The exceptions are;
Faxes or e-mailing any person who has given prior permission or invitation;
Faxing or e-mailing any person with whom the Member has established a prior business or personal relationship.
In all States, Provinces or Territories where prohibited by law, a Member may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer or other device), an unsolicited advertisement to any equipment, which has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as set forth in this section.
All faxes, e-mail or computer broadcasted documents subject to this provision shall include each of the following;
A clear and obvious identification that the fax or e-mail message is an advertisement or solicitation. The words “advertisement” or “solicitation” should appear in the subject line of the message;
A clear return path or routing information;
The use of legal and proper domain name;
A clear and obvious notice of the opportunity to decline to receive further commercial facsimile or e-mail messages from the sender;
Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;
The true and correct name of the sender, valid senders fax or e-mail address, and a valid sender physical address;
The date and time of the transmission;
Upon notification by recipient of his or her request not to receive further faxed or e-mailed documents, an Eco-Nomix Member shall not transmit any further documents to that recipient.
All e-mail or computer broadcasted documents subject to this provision shall not include any of the following;
Use of any third party domain name without permission;
Sexually explicit materials.
9.4 Internet and Third-Party Website Restrictions
A Member may not use or attempt to register any of Eco-Nomix’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.
An Eco-Nomix Member may not sell Eco-Nomix products, services or offer the Business Opportunity using “online auctions,” such as eBay®.
All marketing materials used on a Member’s third-party website must be provided by Eco-Nomix or approved in writing by Eco-Nomix.
To avoid confusion, the following three elements must also be prominently displayed at the top of every page of your third-party website:
The Eco-Nomix Member Logo
Your Name and Title
Eco-Nomix Corporate Website Redirect Button
A Member may not use third-party sites that contain materials copied from corporate sources (such as Eco-Nomix brochures, CDs, videos, tapes, events, presentations, and corporate websites). This Policy ensures brand consistency, allows Customers and Members to stay up-to-date with changing products, services and information, facilitates enrollment under the correct Sponsor, and assists in compliance with government regulations.
Eco-Nomix products may be displayed with other products or services on a Member’s third-party website so long as the other products and services are consistent with Eco-Nomix values and are not marketed or sold by a competing network-marketing company.
Social Media sites may not be used to sell or offer to sell Eco-Nomix products or services. PROFILES A Member GENERATES IN ANY SOCIAL COMMUNITY WHERE Eco-Nomix IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY THE Member AS An Eco-Nomix Member, and when a Member participates in those communities, Members must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at Eco-Nomix’s sole discretion, and offending Members will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the Eco-Nomix approved library. If a link is provided, it must link to the posting Member’s Replicated website or an approved third-party website.
Anonymous postings or use of an alias on any Social Media site is prohibited, and offending Members will be subject to disciplinary action.
Members may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments Members create or leave must be useful, unique, relevant and specific to the blog’s article.
Members must disclose their full name on all Social Media postings, and conspicuously identify themselves as an independent Member for Eco-Nomix. Anonymous postings or use of an alias is prohibited.
Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the Eco-Nomix income opportunity, Eco-Nomix’s products and services, and/or your biographical information and credentials.
Members are personally responsible for their postings and all other online activity that relates to Eco-Nomix. Therefore, even if a Member does not own or operate a blog or Social Media site, if a Member posts to any such site that relates to Eco-Nomix or which can be traced to Eco-Nomix, the Member is responsible for the posting. Members are also responsible for postings which occur on any blog or Social Media site that the Member owns, operates, or controls.
As an Eco-Nomix Member, it is important to not converse with any person who places a negative post against you, other Members, or Eco-Nomix. Report negative posts to Eco-Nomix at customerservice@Eco-Nomix.org. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as Eco-Nomix, and therefore damages the reputation and goodwill of Eco-Nomix.
The distinction between a Social Media site and a website may not be clear-cut, because some Social Media sites are particularly robust, Eco-Nomix herefore reserves the sole and exclusive right to classify certain Social Media sites as third-party websites and require that Members using, or who wish to use, such sites adhere to the Eco-Nomix’s policies relating to third-party websites.
If your Eco-Nomix business is cancelled for any reason, you must discontinue using the Eco-Nomix name, and all of Eco-Nomix’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as an independent Eco-Nomix Member, you must conspicuously disclose that you are no longer an independent Eco-Nomix Member.
Failure to comply with these Policies for conducting business online may result in the Member losing their right to advertise and market Eco-Nomix products, services and Eco-Nomix’s business opportunity online in addition to any other disciplinary action available under the Policies and Procedures.
9.5 Advertising and Promotional Materials
You may not advertise any Eco-Nomix products or services at a price LESS than the highest company published, established retail price of ONE offering of the Eco-Nomix product or service plus shipping, handling and applicable taxes. No special enticement advertising is allowed. This includes, but is not limited to, offers of free membership, free shipping, or other such offers that grant advantages beyond those available through the Company.
Advertising and all forms of communications must adhere to principles of honesty and propriety.
All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by the Eco-Nomix Compliance Department.
All requests for approvals with respect to advertising must be directed in writing to the Eco-Nomix Compliance Department.
Eco-Nomix approval is not required to place blind ads that do not mention Eco-Nomix, its employees, any of its products, services, designs, symbols, programs, and trademarked, copyrighted, or otherwise protected materials.
A Member may create his or her own ads or promotional materials including the development of commercials, infomercials and additional third-party websites. However, all such materials, and any subsequent changes thereto shall be submitted to the Eco-Nomix Compliance Department for approval.
Members are encouraged to work with the Compliance Department prior to the production of commercials, infomercials, or websites.
Eco-Nomix reserves the right to rescind its prior approval of submitted advertising or promotional materials in order to comply with changing laws and regulations, and may require the removal of such advertisements from the marketplace without obligation to the affected Member.
9.6 Testimonial Permission
By signing the Eco-Nomix Member Agreement, a Member gives Eco-Nomix permission to use his or her testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the Eco-Nomix Business Opportunity, a Member waives any right to be compensated for the use of his or her testimonial or image and likeness even though Eco-Nomix may be paid for items or sales materials containing such image and likeness. In some cases, a Member’s testimonial may appear in another Member’s advertising materials. If a Member does not wish to participate in Eco-Nomix sales and marketing materials, he or she should provide a written notice to the Eco-Nomix Compliance Department to ensure that his or her testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.
9.7 Telemarketing – Limitations
An Eco-Nomix Member must not engage in telemarketing in relation to the operation of the Member’s Eco-Nomix business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of Eco-Nomix products or services, or to recruit them for the Eco-Nomix opportunity.
The Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”) each have laws that restrict telemarketing practices. Both Federal agencies, as well as a number of States have “do not call” regulations as part of their telemarketing laws.
While a Member may not consider himself or herself a “telemarketer” in the traditional sense, these regulations broadly define the term “telemarketer” and “telemarketing” so that the unintentional action of calling someone whose telephone number is listed on the Federal “Do Not Call” registry could cause the Member to violate the law. These regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation).
“Cold calls” or “state-to-state calls” made to prospective Customers, or Members that promote either Eco-Nomix products, services or the Eco-Nomix opportunity is considered telemarketing and is prohibited.
Exceptions to Telemarketing Regulations:
An Eco-Nomix Member may place telephone calls to prospective Customers, or Members under the following limited situations;
If the Member has an established business relationship with the prospect;
In response to the prospect’s personal inquiry or application regarding a product or service offered by the Eco-Nomix Member, within 3 months immediately before the date of such a call;
If the Member receives written and signed permission from the prospect authorizing the Member to call;
If the call is to family members, personal friends, and acquaintances. However, if a Member makes a habit of collecting business cards from everyone he/she meets and subsequently calls them, the FTC may consider this a form of telemarketing that is not subject to this exemption;
Eco-Nomix Members engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.
A Member shall not use automatic telephone dialing systems in the operation of his or her Eco-Nomix businesses.
Failure to abide by Eco-Nomix policies or regulations as set forth by the FTC and FCC regarding telemarketing may lead to sanctions against the Member’s position, up to and including termination of the position.
By signing the Member Agreement, or by accepting Referral Bonuses, other payments or awards from Eco-Nomix, a Member gives permission to Eco-Nomix and other Members to contact them as permitted under the Federal Do Not Call regulations.
In the event a Member violates this section, Eco-Nomix reserves the right to institute legal proceedings to obtain monetary or equitable relief.
10.0 INTERNATIONAL MARKETING
10.1 International Marketing Policy
An Eco-Nomix Member is authorized to sell Eco-Nomix products and services, to Customers and Members only in the countries in which Eco-Nomix is authorized to conduct business, according to the Policies and Procedures of each country. Eco-Nomix Members may not sell products or services in any country where Eco-Nomix products and services have not received applicable government authorization or approval.
A Member may not, in any unauthorized country, conduct sales, enrollment or training meetings, enroll or attempt to enroll potential Customers, or Members, nor conduct any other activity for the purpose of selling Eco-Nomix products and services, establishing a sales organization, or promoting the Eco-Nomix business opportunity.
11.0 CHANGES TO A Member BUSINESS
11.1 Modification of the Member Agreement
An Eco-Nomix Member may modify his or her existing Member Agreement (i.e., change a social security number to a Federal ID number, add a Spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the Member) by submitting a written request, accompanied by a new Member Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a “crossed out” or “white-out” version of the first Agreement), and any appropriate supporting documentation.
11.2 Change Sponsor or Placement for Active Members
Maintaining the integrity of the organizational structure is mandatory for the success of Eco-Nomix and our independent Members. As such, under exceptional circumstances at the discretion of the Company, a request to change placement may only be made within the first 30 days of initial enrollment as a Member. Furthermore, such changes may only occur within the same organization.
Sponsors may make “Placement changes” from one Member to another for personally Sponsored (frontline) Members during the first 30 days of enrollment.
New Members or their original Sponsor may request a change of Sponsor or Placement within the first 30 days of enrollment for the purpose of structuring an organization. The new Member Agreement must be received within the calendar month for commission calculations to be effective with the requested change.
To change or correct the Sponsor, a Member must comply with following procedures;
Submit a Sponsor Placement Transfer Form;
Submit an Eco-Nomix Member Agreement showing the correct Sponsor and Placement, and any appropriate supporting documentation;
The Member Agreement must be a new, completed document bearing “fresh” signatures, not a “crossed-out” or “white-out” version of the first Agreement.
Upon approval, the Member’s downline, if any, will transfer with the Member.
If one transfer has already been made a $20 fee will be assessed for the second and for each transfer thereafter.
After the first 30 days from initial enrollment, Eco-Nomix will honor the Sponsor/Placement as shown:
On the most recently signed Member Agreement on file; or
Self-enrolled on the website (i.e., electronically signed Web Agreement).
Eco-Nomix retains the right to approve or deny any requests to change Sponsor or Placement, and to correct any errors related thereto at any time and in whatever manner it deems necessary.
11.3 Change Sponsor or Placement for Inactive Members
At the discretion of Eco-Nomix, Members who did not participate in an auto ship or have not ordered products or services for at least 12 months, and who have not tendered a letter of resignation, are eligible to re-enroll in Eco-Nomix under the Sponsor/Placement of their choice.
Upon written notice to Eco-Nomix that a former Member wishes to re-enroll, Eco-Nomix will close the original account. A new Eco-Nomix ID number will then be issued to the former Member.
Such Member does not retain former downline, or rights to Referral Bonuses from his or her former organizations.
Eco-Nomix reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.
11.4 Change Organizations
If an Eco-Nomix Member wishes to transfer organizations, he or she must submit a letter of resignation to the Eco-Nomix Customer Service Department and remain inactive (place no orders) with or in Eco-Nomix for 6 months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement.
Eco-Nomix retains the right to approve or deny any request to re-enroll after a Member’s resignation.
If re-enrollment is approved, the former Member will be issued a new Eco-Nomix ID number and will be required to submit a new Member Agreement. The Member will not be entitled to keep any former rank, downline, or rights to commission checks from any prior organization.
11.5 Unethical Sponsoring
Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition in trying to acquire a prospect or new Member from another Member or influencing another Member to transfer to a different sponsor.
Allegations of unethical sponsoring must be reported in writing to the Eco-Nomix Compliance Department within the first 90 days of enrollment. If the reports are substantiated, Eco-Nomix may transfer the Member or the Member’s downline to another sponsor, Placement or organization without approval from the current up-line Sponsor or Placement Members. Eco-Nomix remains the final authority in such cases.
Eco-Nomix prohibits the act of “Stacking.” Stacking is the unauthorized manipulation of the Eco-Nomix compensation system and/or the marketing plan in order to trigger Referral Bonuses in an unearned manner. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent consultant positions of all individuals and/or entities found to be directly involved.
Should Members engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Eco-Nomix products and services to, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a Member alleging that they engaged in inappropriate recruiting activity of another company’s sales force or Customers, Eco-Nomix will not pay any of Member’s defence costs or legal fees, nor will Eco-Nomix indemnify the Member for any judgment, award, or settlement.
11.6 Sell, Assign or Delegate Ownership
In order to preserve the integrity of the hierarchical structure, it is necessary for Eco-Nomix to place restrictions on the transfer, assignment, or sale of a position.
An Eco-Nomix Member may not sell or assign his or her rights or delegate his or her position as a Member without prior written approval by Eco-Nomix, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of Eco-Nomix.
Should the sale be approved by Eco-Nomix, the Buyer assumes the position of the Seller at the current time and acquires the Seller’s Downline.
To request corporate authorization for a sale or transfer of an Eco-Nomix position, the following items must be submitted to the Eco-Nomix Compliance Department;
A Sale/Transfer of position Form properly completed, with the requisite signatures.
A copy of the Sales Agreement signed and dated by both Buyer and Seller.
An Eco-Nomix Member Agreement completed and signed by the Buyer;
Payment of the $100 administration fee;
Any additional supporting documentation requested by Eco-Nomix.
Any debt obligations that either Seller or Buyer may have with Eco-Nomix must be satisfied prior to the approval of the sale or transfer by Eco-Nomix.
An Eco-Nomix Member who sells his or her position is not eligible to re-enroll as an Eco-Nomix Member in any organization for six (6) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.
11.7 Right of First Refusal (RFR)
All offers for the sale of an Eco-Nomix position are subject to these rights of first refusal as described herein.
If the Member receives a Good Faith Offer to purchase his or her interest in the position, the Member shall first offer to sell such interest to the Company on the same terms and conditions contained in the Good Faith Offer. The Member shall deliver the Good Faith Offer in writing to Eco-Nomix and Eco-Nomix shall have fifteen (15) business days in which to accept the offer. A “Good Faith Offer” is an arm’s length written offer to purchase the Eco-Nomix position reflected by way of a letter of intent or some other written document.
If the Companty rejects or fails to exercise his or her RFR within the time allotted, the Member may complete the sale of his or her rights in the position to the third party according to the same terms and conditions contained in the Good Faith Offer, provided, however, that the Company approves of the transaction as specified in section 11.6.
11.7 Separating an Eco-Nomix Business
Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation;
One of the parties may, with the written consent of the other(s), operate the Eco-Nomix business whereby the relinquishing Spouse, shareholders, partners, members or trustees authorize Eco-Nomix to deal directly and solely with the other Spouse, non-relinquishing shareholder, partner, member or trustee;
The parties may continue to operate the Eco-Nomix business jointly on a “business as usual” basis, whereupon all compensation paid by Eco-Nomix will be paid in the name designated as the Members or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, Eco-Nomix will pay compensation to the name on record and in such event, the Member named on the account shall indemnify Eco-Nomix from any claims from the other business owner(s) or the other Spouse with respect to such payment.
Eco-Nomix recognizes only one Downline organization and will issue only one commission check per Eco-Nomix business per commission cycle. Under no circumstances will the Downline of an organization be divided, nor will Eco-Nomix split commission and/or bonus checks.
If a relinquishing Spouse, partner or owner of the business has completely relinquished (“Relinquishing Party”), in writing, all rights to the original Eco-Nomix business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any Member or active Customer in the former organization, and must develop a new business in the same manner as any other new Eco-Nomix Member. A Member in the Relinquishing Party’s former Downline who wishes to transfer to the Relinquishing Party’s new organization or to any other organization, must comply with the requirements in Section 13.5.
Upon the death or incapacity of a Member, the Member’s business may be passed on to his or her legal successors in interest (successor). Whenever an Eco-Nomix business is transferred by will or other testamentary process, the successor acquires the right to collect all Referral Bonuses of the deceased Member’s sales organization. The successor must:
Complete and sign a new Eco-Nomix Member Agreement;
Comply with the Terms and provisions of the Member Agreement; and
Meet all of the qualifications for the last rank achieved by the former Member.
Referral Bonuses of an Eco-Nomix business transferred based on this section will be paid through a single Debit Card tied to the successor. The successor must provide Eco-Nomix with an “address of record” to which all Referral Bonuses will be sent. Payments will be based on the current performance of the position.
If the business is bequeathed to joint devisees (successors), they must form a business entity and acquire a Federal taxpayer identification number. Eco-Nomix will issue all Referral Bonuses and one 1099 Miscellaneous Income Tax form to the managing business entity only.
Appropriate legal documentation must be submitted to Eco-Nomix Compliance Department to ensure the transfer is done properly. To affect a testamentary transfer of an Eco-Nomix business, the successor must provide the following to Eco-Nomix Compliance Department;
A certified copy of the death certificate; and
A notarized copy of the will or other appropriate legal documentation establishing the successor’s right to the Eco-Nomix business.
To complete a transfer of the Eco-Nomix business because of incapacity, the successor must provide the following to the Eco-Nomix Compliance Department;
A notarized copy of an appointment as trustee;
A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the Eco-Nomix business; and
A completed Member Agreement executed by the trustee.
If the successor is already an existing Member, Eco-Nomix will allow such Member to keep his or her own position plus the inherited position active for up to six (6) months. By the end of the 6-month period, the Member must have sold or otherwise transferred either the existing position or the inherited position.
If the successor wishes to terminate the Eco-Nomix position, he or she must submit a notarized statement stating the desire to terminate the position, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal documentation.
11.9 Resignation/Voluntary Termination
A Member may immediately terminate his or her position by submitting a written notice or email to the Eco-Nomix Compliance Department at firstname.lastname@example.org. The written notice must include the following;
The Member’s intent to resign;
Date of resignation;
Eco-Nomix Identification Number;
Reason for resigning; and
An Eco-Nomix Member may not use resignation as a way to immediately change Sponsor and Placement. Instead, the Member who has voluntarily resigned is not eligible to reapply for a position or have any financial interest in a or any Eco-Nomix business for 6 months from the receipt of the written notice of resignation.
11.10 Involuntary Termination
Eco-Nomix reserves the right to terminate a Member’s position for, but not limited to, the following reasons;
Violation of any Terms or Conditions of the Member Agreement;
Violation of any provision in these Policies and Procedures;
Violation of any provision in the Compensation Plan;
Violation of any applicable law, ordinance, or regulation regarding the Eco-Nomix business;
Engaging in unethical business practices or violating standards of fair dealing; or
Returning over $500 worth of products, services and/or sales tools for a refund within a 12 month period.
Eco-Nomix will notify the Member in writing by certified mail, return receipt requested or overnight documented mail, at his or her last known address of its intent to terminate the Member’s position and the reasons for termination. The will have 15 calendar days from the date of mailing of such notice to respond in writing to the allegations or claims constituting cause for termination as stated in the notice. Eco-Nomix will then have 30 calendar days from the date of receipt of the Member’s response to render a final decision as to termination.
If a decision is made by Eco-Nomix to terminate the Member’s position, Eco-Nomix will inform the Member in writing that the position is terminated effective as of the date of the written notification. The Member will then have 15 calendar days from the date of mailing of such notice to appeal the termination in writing. Eco-Nomix must receive the Member’s written appeal within 20 calendar days of the date of the Eco-Nomix termination letter. If the written appeal is not received within this time period, the termination will be considered final.
If the Member does file a timely appeal of termination, Eco-Nomix will review its decision, along with any other information it may deem relevant, reconsider any other appropriate action, and notify the Member of its decision. The decision of Eco-Nomix is then considered final and not subject to further review.
If the termination is not rescinded, the termination will be effective as of the date of the original termination notice by Eco-Nomix. The former Member shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any Eco-Nomix products or services. Eco-Nomix will notify the active Upline Sponsor within 30 days after termination. The organization of the terminated Member will “roll up” to the active Upline Sponsor on record.
The Eco-Nomix Member who is involuntarily terminated by Eco-Nomix may not reapply for a position, either under his or her present name or any other name or entity, without the express written consent of an officer of Eco-Nomix, following a review by the Eco-Nomix Compliance Committee. In any event, such Member may not re-apply for a position for 12 months from the date of termination.
11.11 Effect of Cancellation
Following a Member’s cancellation for voluntary or involuntary termination (collectively, a “cancellation”) such Member;
Shall have no right, title, claim or interest to any Referral Bonuses from the sales generated by the Member’s former organization;
Effectively waives any and all claims to property rights or any interest in or to the Member’s former Downline organization;
Shall receive no further Referral Bonuses from the time of termination.
12.0 DISCIPLINARY SANCTIONS
12.1 Imposition of Disciplinary Action – Purpose
It is the spirit of Eco-Nomix that integrity and fairness should pervade among its Members, thereby providing everyone with an equal opportunity to build a successful business. Therefore, Eco-Nomix reserves the right to impose disciplinary sanctions at any time, when it has determined that a Member has violated the Agreement or any of these Policies and Procedures or the Compensation Plan as they may be amended from time to time by Eco-Nomix.
12.2 Consequences and Remedies of Breach
Disciplinary actions may include one or more of the following;
Monitoring a Member’s conduct over a specified period of time to assure compliance;
Issuance of a written warning or requiring the Member to take immediate corrective action;
Imposition of a fine (which may be imposed immediately or withheld from future Referral Bonuses payments) until the matter causing the Commission Hold is resolved or until Eco-Nomix receives adequate additional assurances from the Member to ensure future compliance;
Suspension from participation in Company or Member events, rewards, or recognition;
Suspension of the Eco-Nomix Member Agreement and position for one or more pay periods;
Involuntary termination of the Member’s Agreement and position;
Any other measure which Eco-Nomix deems feasible and appropriate to justly resolve injuries caused by the Member’s Policy violation or contractual breach; OR
Legal proceedings for monetary or equitable relief.
13.0 DISPUTE RESOLUTION
If an Eco-Nomix Member has a grievance or complaint against another Member regarding any practice or conduct relating to their respective Eco-Nomix businesses, he or she is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the Eco-Nomix Compliance Department as outlined below in this Section.
The Eco-Nomix Compliance Department will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the Members involved.
Eco-Nomix will confine its involvement to disputes regarding Eco-Nomix business matters only. Eco-Nomix will not decide issues that involve personality conflicts or unprofessional conduct by or between Members outside the context of an Eco-Nomix business. These issues go beyond the scope of Eco-Nomix and may not be used to justify a Sponsor or Placement change or a transfer to another Eco-Nomix organization.
Eco-Nomix does not consider, enforce, or mediate third party agreements between Members, nor does it provide names, funding, or advice for obtaining outside legal counsel.
Process for Grievances:
The Eco-Nomix Member should submit a written letter of complaint (e-mail will not be accepted) directly to the Eco-Nomix Compliance Department. The letter shall set forth the details of the incident as follows;
The nature of the violation;
Specific facts to support the allegations;
Number of occurrences;
Persons involved; and
Upon receipt of the written complaint, Eco-Nomix will conduct an investigation according to the following procedures;
The Compliance Department will send an acknowledgment of receipt to the complaining Member;
The Compliance Department will provide a verbal or written notice of the allegation to the Member under investigation. If a written notice is sent to the Member, he or she will have 10 business days from the date of the notification letter to present all information relating to the incident for review by Eco-Nomix. The Compliance Department will thoroughly investigate the complaint, consider all the submitted information it deems relevant, including information from collateral sources. Due to the unique nature of each situation, determinations of the appropriate remedy will be on a case by case basis, and the length of time to reach a resolution will vary.
During the course of the investigation, the Compliance Department will only provide periodic updates simply stating that the investigation is ongoing. No other information will be released during this time. Member calls, letters, and requests for “progress reports” during the course of the investigation will not be answered or returned.
Eco-Nomix will make a final decision and timely notify the Eco-Nomix Members involved.
Any controversy or claim arising out of or relating to the Eco-Nomix Member agreement, these Policies and Procedures, or the breach thereof, the Member’s business or any dispute between Eco-Nomix and the Member, shall be settled by binding and confidential arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be held in Scottsdale, Arizona. There shall be one arbitrator, who shall have expertise in business law transactions and who shall be knowledgeable in the direct selling industry, selected from a panel provided by the American Arbitration Association.
The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction.
This agreement to arbitration shall survive any termination or expiration of the Member agreement.
Nothing in these Policies and Procedures shall prevent Eco-Nomix from applying for or obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Eco-Nomix interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
These Policies and Procedures and any arbitration involving a Member and Eco-Nomix shall be governed by and construed in accordance with the laws of the state of Arizona, without reference to its principles of conflict of laws.
If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
Only an officer of Eco-Nomix can, in writing, affect a waiver of the Eco-Nomix Policies and Procedures. Eco-Nomix’s waiver of any particular breach by a Member shall not affect Eco-Nomix’s rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Member.
The existence of any claim or cause of action of a Member against Eco-Nomix shall not constitute a defense to Eco-Nomix’s enforcement of any term or provision of these Policies and Procedures.
13.5 Successors and Claims
The agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
14.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of Arizona and the exclusive jurisdiction of the United States courts.
15.0 Eco-Nomix GLOSSARY OF TERMS
ACTIVE Member: A Member who is registered and is in compliance with Eco-Nomix Policies and Procedures.
AGREEMENT: The contract between the Company and each Member; includes the Member Agreement, the Eco-Nomix Policies and Procedures, and theEco-Nomix Compensation Plan, all in their current form and as amended by Eco-Nomix in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of a Member’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Members can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Eco-Nomix products and does not engage in building a business or retailing product.
Member: An individual, who purchases product, generates retail sales and business building Referral Bonuses.
LINE OF SPONSORSHIP (LOS): A report generated by Eco-Nomix that provides critical data relating to the identities of Members, sales information, and enrollment activity of each Member’s organization. This report contains confidential and trade secret information which is proprietary to Eco-Nomix.
ORGANIZATION: The Customers and Members placed below a particular Member. For purposes of Referral Bonuses this is limited to 5 generations.
OFFICIAL Eco-Nomix MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Eco-Nomix Members.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Eco-Nomix’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Eco-Nomix Member or Customer to enrol or participate in another multilevel marketing, network marketing, or direct sales opportunity.
RESALABLE: Products shall be deemed “resalable” if each of the following elements is satisfied: 1) they are unopened and unused, 2) original packaging and labelling has not been altered or damaged, 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price, and 4) the product contains current Eco-Nomix labelling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
SPONSOR: A Member who enrolls a Customer, Retailer, or another Member into the Company, and is listed as the Sponsor on the MemberAgreement. The act of enrolling others and training them to become Members is called “sponsoring.”
UPLINE: This term refers to the Member or Members above a particular Member in a sponsorship line up to the Company. It is the line of sponsors that links any particular Member to the Company.