Before you may continue with your application, please review Sisel's Policies and Procedures and Terms and Conditions of the Distributor Agreement located below.
Sisel International Global Policies and Procedures
1.0 MISSION / VISION / VALUES
1.1 Mission At Sisel International, our name describes our mission. “SISEL” is an acronym standing for Science, Innovation, Success, Energy & Longevity. Drawing upon the latest research and technology, Sisel seeks to explore the true nature of health and wellness and to provide alternative nutritional, personal care and cosmetics products designed to help people live healthier lives. We dedicate our unrelenting research in emerging life sciences to our customers who, through our unique distribution model, bring our innovative products and our message to the world.
1.2 VISION Sisel embraces a future in nutrition and personal care that puts the human body first. Sisel uses Science and Innovation to promote lives infused by Energy and Longevity, combined with temporal and personal Success. Sisel seeks to promote the body’s natural ability to sustain itself through proper nutrition, physical exercise, and the elimination of toxic ingredients. We promote wellness rather than simply responding to sickness. We similarly do this through a business model designed to empower and reward entrepreneurship in a healthy and sustainable system, rather than simply maximizing short-term profits.
1.3 VALUES On behalf of all our stakeholders (company, Independent Distributors, business partners and customers), we seek to develop structures where all interests are aligned. We encourage stakeholders to consider the benefit of others and to appropriately temper the single-minded pursuit of individual interests. Sisel seeks to instill a culture of cooperation and collaboration through promoting the disclosure of worldwide best practices while retaining local sensitivity and respect for native cultures. We acknowledge and appreciate the uniqueness of our individual team members and recognize their contributions. We are committed to understanding and satisfying the expectations of our customers, Independent Distributors, and employees. We support a culture that embraces change and encourages innovation, and strive to inform, enlighten, uplift, elevate, motivate, excite and inspire the human spirit. We strive for sustainable growth in harmony with a global environment and we proudly offer to the world Sisel’s solutions for wellness.
2.1 POLICIES AND COMPENSATION PROGRAM INCORPORATED INTO DISTRIBUTOR AGREEMENT These Policies and Procedures, in their present form, and as amended at the sole discretion of Sisel International, LLC, Sisel International AG, and its affiliates, (hereafter “Sisel” or the “Company”), represent business practices that are consistent with the best interests of the Company, partners, and Independent Distributors. Violation of these Policies and Procedures could constitute a breach of the Distributor’s duties under the Distributor Agreement. Throughout these Policies and Procedures, when the term “Agreement” is used, it collectively refers to the Sisel Distributor Application and Agreement, these Policies and Procedures, Sisel’s Distributor Marketing/Compensation Program, and any other documents or agreements between Sisel and Independent Distributors, including any updates that may be made. It is the responsibility of each Distributor to read, understand, adhere to and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures. Sisel may have the Agreement or portions thereof translated into different languages, however, the Agreement and the relationship between the parties shall be deemed to be conducted in the English and English shall govern all aspects of the relationship. In the event the Agreement or any portions thereof are translated in another language, the translation is for convenience only and in the case of discrepancies or inconsistencies the English version of the Agreement shall control. If Independent Distributors do not understand English or choose to not have the Agreement translated into a language they understand, they should not enroll as a Distributor or they should terminate their Distributorship. When sponsoring or enrolling a new Independent Distributor, it is the responsibility of the sponsoring Distributor to provide the most current version of these Policies and Procedures along with Sisel’s most current compensation program.
2.2 PURPOSE OF POLICIES Sisel is a direct sales company that markets products through Independent Distributors. To clearly define the relationship that exists between Independent Distributors and Sisel, and to explicitly set a standard for acceptable business conduct, Sisel has established the Agreement between the parties. Sisel is a global company, and laws governing business relationships vary from country to country. Whenever possible, Sisel attempts to achieve uniformity in how it does business across the globe. However, where local law requires changes or exceptions, those changes or exceptions are outlined in a country-specific addendum or country-specific Policies and Procedures. If you do business in a country requiring local changes, your Agreement with Sisel may be modified as stated in a country addendum. Country addendums are included as part of these Policies and Procedures. Sisel Independent Distributors are required to comply with all the terms of the Agreement as a condition of doing business with the Company. To protect Sisel’s good name and reputation, Sisel also requires that Independent Distributors abide by all federal, state, provincial, territorial and local laws, ordinances, regulations governing their Independent Distributor relationship. Sisel Independent Distributors are not employees of Sisel, but rather, independent contractors or independent business enterprises. For purposes of the Agreement Independent Distributors may be referred to simply as “Distributors” but not including the word “Independent” before each reference to “Distributor”. Reference to Distributors without using the word “Independent” shall not be viewed or deemed as altering the independent relationship between Sisel and its Independent Distributors. Terms that have specific definitions are capitalized and a definition can be found at the end of these Policies and Procedures. Chapter or section heading are also provided for convenience but shall not limit or otherwise alter the terms of the Agreement. These Policies and Procedures are designed to outline the contractual terms and conditions between Sisel and Independent Distributors, however, they are not intended to and do not govern a Distributor’s day to day activities. These Policies and Procedures also outline protection of Sisel intellectual property rights (including use of Trademarks and other marketing intangibles) and establish acceptable business practices. Sisel attempts to create a simple business model for its Distributors thereby empowering them to operate successfully as independent business entrepreneurs without having to stockpile inventory, manage employees, or having to invent safe and innovative products. Still, the success of Independent Distributors will depend upon their own ability to communicate clearly, work effectively, and with integrity in their dealings. Being thoroughly familiar will these Policies and Procedures will not only help Independent Distributors abide by the terms of their Agreement with Sisel but will also help them be more successful.
2.3 CHANGES TO THE AGREEMENT Federal, state, provincial, territorial and local laws, ordinances, rules, regulations and practices are always changing. Sisel reserves the right to amend the Agreement, its practices, and its prices at its sole and absolute discretion. By signing or electronically agreeing to the Distributor Agreement or continuing to operate as a distributor, a Distributor agrees to abide by all amendments or modifications that Sisel elects to make. Amendments shall be effective upon notice to Distributors that the Agreement has been modified. Notification of amendments shall be communicated through official Sisel communications and materials or by updating the Agreement on the Company’s official website. The Company shall provide or make available to all Distributors a complete copy of the amended Agreement or any amended provisions by one or more of the following methods: (1) posting on the Company’s official website, so distributors should check back often to keep apprised of changes; (2) electronic mail (email), text or other electronic means; (3) facsimile; (4) voice mail system broadcast; (5) inclusion in Company periodicals, brochures or other announcements; (6) inclusion in product orders or Distributor compensation; or (7) special mailings. The continuation of an Independent Distributor’s relationship with Sisel, or a Distributor’s acceptance of bonuses or commissions after the amendment has been made, constitutes affirmative acceptance of any and all amendments. Changes will be effective thirty (30) days after the changes are first made available by any method to Distributors.
2.4 DELAYS Sisel shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, acts of terrorism, curtailment of a party’s source of supply, trade restrictions, import/export restriction, or government decrees or orders.
2.5 POLICIES AND PROVISIONS SEVERABLE If any provision of the Agreement, in its current form or as amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement. The parties further agree to replace such invalid or unenforceable provision of the Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
2.6 WAIVER The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a Distributor or his or her business. No failure of Sisel to exercise any right or power under the Agreement, or to insist upon strict compliance by a Distributor with any obligation or provision of the Agreement shall constitute a waiver of such right or power. Similarly, no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of Sisel’s right to demand exact compliance with the Agreement. Waiver by Sisel can be affected only in writing by the President or the Chief Executive Officer of the Company. No other employee, agent, representative or individual, regardless of title or apparent authority, may waive, suspend, alter or modify any term or condition of the Agreement. Sisel’s waiver of any particular breach by a Distributor shall not affect or impair Sisel’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Distributor. Any delay or omission by Sisel to exercise any right arising from a breach does not affect or impair Sisel’s rights to enforce its rights as to that or any subsequent breach. The existence of any claim or cause of action of an Independent Distributor against Sisel shall not constitute a defense to Sisel’s enforcement of any term or provision of the Agreement.
2.7 LIMITATION OF LIABILITY To the fullest extent permitted by law, Sisel and its affiliates, officers, directors, managing members, employees and other representatives shall not be liable for, and Distributor hereby releases the foregoing from, and waive 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 Distributor and the Company, whether sounding in contract, tort, implied obligation or strict liability. Furthermore, it is agreed that any damages to Distributor shall not exceed and is hereby expressly limited to the amount of unsold Company products of the Company owned by Distributor and any commissions owed to Distributor.
3.0 BECOMING AN INDEPENDENT DISTRIBUTOR
3.1 REQUIREMENTS TO BECOME AN INDEPENDENT DISTRIBUTOR To become a Sisel Distributor, each applicant must:
a) Be of the legal age of majority in his or her country, state, or province or jurisdiction of residence;
b) Reside in a country in which the Independent Distributor may sell, offer or promote Sisel products, or otherwise legally participate in Sisel’s distribution opportunities in compliance with local law;
c) Have a valid Social Security number, Social Insurance number, Tax ID, or other national ID number;
d) Submit a properly completed and signed Distributor Application and Agreement to Sisel which is accepted by Sisel. Applicants are not to circumvent these policies by using an alias, a family member or friend’s name, a fictitious name or identification number or other deceptive means of identification. If the applicant (including a Preferred Customer) does not designate a sponsor during enrollment, the applicant authorizes Sisel to provide his or her contact information to another Independent Distributor who will be designated as his or her sponsor; and
e) payment of an enrollment fee, currently $24.99 USD, which includes a free Distributor Kit.
The Company reserves the right to reject any applications for a new Distributor or applications for renewal (including automatic renewals described in Section 3.5 below) and the right in its sole discretion to terminate any Distributorship established in violation of these conditions.
3.2 INITIAL PURCHASE REQUIREMENT Where local law allows, new Distributors are required to pay a nominal enrollment fee which includes a free Distributor Kit containing information about Sisel products, sales aids and other matters related to Sisel Distributorships along with access to Sisel’s distributor management software. Because Distributor Kits are free with enrollment, Sisel will not repurchase unused and unopened Kits from any Distributor who terminates his or her Distributor Agreement pursuant to the terms of Section 8.2. If local law does not allow an initial enrollment fee, no person will be required to purchase Sisel products, services, sales aids, or other materials, or to pay any charge or fee to become a Distributor. (US Only) Montana residents may cancel their Distributor Agreement within 15 days from the date of enrollment and may return the printed Sisel Distributor Kit within that time for a full refund, including shipping. Distributors in the State of Georgia are prohibited from making an initial product purchase in excess of $500.
3.3 NEW DISTRIBUTOR ENROLLMENT Where local law allows, Sisel provides four convenient methods for new Distributors to enroll. An applicant may: a) mail the Application and Agreement and Distributor Kit payment (if applicable) to Sisel’s corporate offices as provided on the form; b) enroll online at Sisel’s official website or at the official Sisel website login of his or her Sponsor; c) submit the Application and Agreement by facsimile; or d) call the Sisel corporate home office during regular business hours.
3.4 DISTRIBUTOR BENEFITS Once a Distributor Application and Agreement has been accepted by Sisel, which it may reject in its sole discretion, the full benefits of the Distributor Agreement are then available to the new Distributor.
These benefits include the right to:
a) Retail Sisel products and profit from these sales;
b) Participate in Sisel’s Marketing/Compensation Program;
c) Sponsor other individuals as Preferred Customers or Independent Distributors into the Sisel business;
d) Receive periodic Sisel literature and other Sisel communications;
e) Participate in Sisel-sponsored support, service, training, motivational and recognition functions (additional charges may apply); and
f) Participate in promotional and incentive contests and programs sponsored by Sisel for Distributors.
3.5 RENEWAL OF YOUR SISEL DISTRIBUTORSHIP The term of the Distributor Agreement is one year from the date of its acceptance by Sisel. Distributors must renew their Distributor Agreement each year by paying an annual administrative renewal fee of $25 USD on or before the anniversary date of their Distributor Agreement. If the renewal fee is not paid within 10 days after the expiration of the then current term of the Distributor Agreement, the Distributor Agreement will be canceled. By renewing their Distributorship, the Distributor agrees to, and does re-affirm, his or her commitment to Sisel’s Terms and Conditions, Policies and Procedures and other obligations as outlined in the Agreement. Each Distributor also confirms that all information regarding his or her account is accurate and that as part of the renewal process the Distributor will provide updated information to ensure Sisel’s records are accurate. Distributors may elect to utilize the Automatic Renewal Program, under which the renewal fee may be: a) deducted from the Distributor’s bonus check or eWallet for the anniversary month of the Distributor Agreement; or b) charged to the Distributor’s credit card or checking account. To enroll in the Automatic Renewal Program, simply check the “YES” box under Automatic Renewal Program on the Distributor Application. Payment of your renewal fee or enrollment in the Automatic Renewal Program does not eliminate the Distributor’s obligation to update their information or limit Sisel’s right to terminate any Distributor Agreement consistent with its Policies and Procedures in its sole discretion.
4.0 OPERATING A SISEL DISTRIBUTORSHIP
4.1 ADHERENCE TO SISEL’S MARKETING AND COMPENSATION PROGRAM Distributors must adhere to the terms of Sisel’s marketing and compensation program as set forth in official Sisel literature. For the Company to protect its intellectual property rights, Distributors are prohibited from offering the Sisel opportunity through or in combination with any other system, program, or method of marketing that is inconsistent with or in violation of those programs set forth in official Sisel literature. Distributors shall not require or encourage other current or prospective Preferred Customers or other current or prospective Distributors to participate with Sisel in any manner that varies from the program as set forth in official Sisel literature. Distributors shall not require or encourage other current or prospective Preferred Customers or Distributors to execute any agreement or contract, or enter into any oral, verbal or unwritten agreement or understanding other than official Sisel agreements and contracts. Similarly, other than those purchases or payments identified in official Sisel literature, Distributors shall not require or encourage other current or prospective Preferred Customers or Distributors to make any purchase from or payment to any individual or other entity to participate in Sisel’s Marketing/Compensation Program.4.2 ADVERTISING
4.2.1 GENERAL Sisel Distributors are allowed to use Sisel trademarks, brands, business models, Distributor information and other intellectual property only according to a limited license described in the Agreement. See generally Section 4. All Distributors are required to safeguard and promote the good reputation of Sisel and its products as a condition of being an Independent Distributor. Furthermore, the marketing and promotion of Sisel, the Sisel opportunity, Sisel’s Marketing/Compensation Program and Sisel products should be consistent with the public interest of Sisel, its partners, vendors, Distributors and customers. Distributors must avoid all discourteous, deceptive, misleading, unethical, unauthorized or dishonest conduct or practices. Any activity or material that promotes Sisel products or its distribution opportunity must utilize only the sales aids and support materials produced or approved by Sisel (and approval of activities or materials can be withheld or withdrawn for any reason). In addition to the legal issues involved with protecting Sisel’s intellectual property rights, strict adherence to these rules helps protect Sisel’s Distributors. Sisel has carefully designed products, product labels, its Marketing/Compensation Plan, business models, and promotional materials to ensure that each aspect of the Sisel distribution plan is fair, truthful, and substantiated. Distributors who attempt to develop their own sales aids and promotional materials (including Internet advertising), notwithstanding their good intentions, may unintentionally violate any number of laws, statutes or regulations affecting the Company and Distributors. As Sisel does not provide Distributors legal or tax advice, the fact that Sisel provides feedback on promotional materials does not mean that such materials comply with applicable laws and regulations. Sisel reviews content regarding compliance with its policies and procedures, use of Sisel’s copyrighted materials and trademarks, and for other Company issues. However, Sisel does not approve or authorize Independent Distributor’s marketing and promotional materials. Similarly, by not disapproving promotional material, Distributors should not view this as approval or endorsement of the content, claims, or usage. Distributors remain wholly responsible for all marketing and advertising materials and claims they make and should seek independent legal and regulatory advice, review and approval.
The Sisel name is trademarked and can only be used with the express written consent of Sisel. Distributors who violate any Company intellectual property rights, produce unapproved sales and marketing aids (including Internet advertising), make improper claims regarding Sisel products, or otherwise engage in any unlawful, misleading or improper activity may subject themselves to Company sanctions or discipline (described more fully in Section 9.1 below). Additionally, any unauthorized conduct may expose Distributors themselves to civil charges from the Company or third parties, to civil or criminal charges from government authorities, fines, penalties or other forms of professional or personal liability. Distributors may upload Company produced videos or electronic recordings on file or video sharing sites such as YouTube or other file sharing sites currently in existence or which may be developed in the future, though Sisel reserves the right to monitor such usage and require Distributors to modify, edit or remove content in Sisel’s sole discretion. Distributors should not add Sisel’s logo to YouTube videos, audio files or other media to suggest that the content is from Sisel when it has been created by others, including items created by Distributors.
4.2.2 DISTRIBUTOR WEBSITES If a Distributor desires to utilize an Internet web page to promote Sisel or its products, he or she may do so through the Company’s replicated website program (where available). This program permits Distributors to advertise on the Internet and to choose from among a variety of corporate sponsored websites that can be personalized with the Distributor’s message and contact information. These websites can seamlessly link directly to the official Sisel website giving the Distributor a professional and Company-approved presence on the Internet. As a Distributor’s username associates to a Distributor’s replicated site, Distributors may not to use country codes (AU, EU, JP, US, etc.) as part of their username. Distributors should be thoughtful when independently designing a website that uses the names, logos or product descriptions of Sisel or otherwise promotes (directly or indirectly) Sisel products or the Sisel opportunity. A Distributor may not use ads on the Internet that make product claims, income claims, or other unapproved claims whether direct or implied, which are associated with Sisel products, the Sisel opportunity, or Sisel’s Marketing/Compensation Program. The use of any other Internet website, web portal or web page (including without limitation auction sites such as eBay, Amazon, Craigslist, Overstock, etc.) to in any way promote the sale of Sisel products, the Sisel opportunity, or the Marketing/Compensation Plan is a breach of the Agreement and may result in any of the disciplinary actions or sanctions set forth in Section 9.1.
Sisel allows Distributors to advertise on the Internet on their own personal websites provided they comply with all related policies and procedures. All use, including Internet use, of Sisel trademarks, logos, or other intellectual property must comply with Sisel policies and procedures. All use is limited and may be revoked at any time. Any allowed use of Sisel’s content, copyrighted materials, trademarks or other intellectual property is automatically revoked upon termination of a Distributor’s account. Additionally, the use of any material, content, images or data that, in Sisel’s sole discretion, is deemed to be pornographic, discriminatory, or otherwise offensive is strictly prohibited and may subject the Distributor to disciplinary action up to and including immediate termination of their distributorship. Links from a web page containing information concerning Sisel or its products to a page containing any such inappropriate information will also subject the Distributor to disciplinary action. As stated in 4.2.1, since Sisel does not provide legal advice to Independent Distributors, the fact that a website or webpage is reviewed or comments provided on does not mean that it complies with applicable laws and regulations, nor an endorsement of the content, the claims or approach, and Distributors remain responsible for their marketing and advertising claims and compliance.
126.96.36.199 Sisel’s website policies include the following:
A. The distinction between Independent Distributor website and Sisel Corporate website must be obvious.
B. The website must have a header and footer on each page with the words “Independent Distributor” prominently displayed.
C. Distributor’s personal website may not be an exact copy of Sisel’s International Company website nor imply it is an official Sisel site and must be visually distinguishable.
D. Distributors are not to bid on or purchase the Sisel name (or product names) as a search term for pay-per-click or similar ads. To avoid confusion between Company websites and Distributor’s websites, the Sisel name and product names cannot be used as the ad link to go to a Distributor’s replicated website. Links contained in any ad must first go to a distinct landing page before linking to a Distributor’s website or replicated site. The URL of an ad cannot cause users to think that the link is to a Sisel website.
188.8.131.52 Sisel Trademarks and Business Documents
A. The website must have a disclosure close in proximity to any registered products the sentence “Sisel®, FuCoyDon UFG®, Body Shield®, Eternity®, Influence®, Innerchi®, SpectraMaxx®, Suprashine®, Terminator®, Triangle of Life® and Sisel Safe® are registered trademarks of Sisel International, LLC and/or its affiliates and used with permission.” (Distributors need to reference only those trademarks that appear on the site). The site only needs to reference the first time that a trademarked term is used on each page. Applicable ® and TM designations should always accompany Sisel products.
B. All use of trademarks, in any form, whether in an Internet website URL, on a website, or otherwise, is prohibited without the prior written consent from Sisel, which consent may be granted in its sole discretion and withdrawn at any time. This includes but is not limited to all the Sisel trademarked products, either individually or in combination with other words. Distributors may not use Sisel trademarks, trade names, logos, or copyrighted material without the prior written consent of Sisel. See also Section 4.2.3.
C. All use of trademarks, in any form, in buried codes and metatags, is prohibited without the prior written consent of Sisel, as with all other trademark usage.
D. The website may not contain PDF forms of Sisel business documents (sales and marketing materials excluded). Distributors may view and print Sisel business documents from the Company’s official website only.
184.108.40.206 Verbiage and Claims
A. The website may not claim to be an “official” or “approved” site, or by its content give the impression it is a Company sponsored site. Social media accounts may not include Sisel’s name or a Sisel product named in a way that suggests or implies that the social media account is a Company-sponsored account. The distinction between an Independent Distributor’s social media account and a Sisel Corporate account must be obvious.
B. Buried codes and metatags may not make any explicit or implicit product claims, health claims, medical claims or use words that refer to illness or diseases.
C. The website must comply with Sisel’s non-disparagement provisions (see Section 5.3). This includes, but is not limited to, claims that may directly or indirectly disparage other Distributors, such as “only legitimate” or “only certified” Distributor.
220.127.116.11 Operations of an Independent Distributor Website
A. Distributors may not sell Sisel products on Internet sites such as online malls, online auctions, online stores, or virtual shopping sites. Such sites are considered to be retail or service establishments by Sisel, based on the Commercial Outlets provisions (see Section 4.7). Personal Distributor websites are not considered retail or service establishments when the sites are privately owned by Sisel Distributors and where the products sold on the sites include the personal products of the website owner. Distributors may not advertise, promote or market product at prices lower than established Distributor/Preferred Customer prices.
A. Distributor websites may link a page about Sisel products to a home page which contains multiple Sisel products for sale or advertisement. Both the Sisel product page and the home page must comply with Sisel’s advertising policies and procedures.In online ads and social media links, the link must first take users to a distinct landing page before linking to a Distributor’s website or replicated site. The Sisel product page itself must advertise only Sisel products and not link to any of the other products and services. Sisel reserves the right to inform Distributors that their site needs to be modified if it portrays Sisel products in a comparatively unfavorable way, violates another’s intellectual property right, or is otherwise out of compliance. Sisel also reserves the right to deny the placing Sisel products on a home page with products or services of a questionable or offensive nature, in its sole discretion.
B. Distributor websites may not be linked to any website that Sisel deems to be of questionable or offensive nature. Also, the Distributor website may not link to sites that contain curative or income claims in connection with Sisel’s products.
C. Distributor websites can link to the Company’s website at www.sisel.net (or other domain(s) as may be officially adopted) and may link to other sites that have been approved by the Sisel Compliance Department. The distinction between Independent Distributor website and Sisel Corporate website must be obvious, and nothing in the content should lead users to think the Distributor’s website is a Sisel Corporate website.
D. Distributor websites may link to other sites that contain legitimate scientific research. When linking to such sites, Distributor should seek permission to link to the website, and include a disclaimer that should state something to the effect: “By clicking on this link you are leaving this website. The website you are linking to is not endorsed nor operated by Sisel or its affiliates. The information and views expressed therein are solely those of the author or owner of that site and do not constitute ‘advertising’ of Sisel products.” Once the link is clicked, the user is to be directed to the third-party website. The third-party website must be on a separate website domain, and not have a reciprocal link back to the Distributor’s website. These Policies apply to Distributor websites, Internet ads, Distributor posts to blogs, guest books, and forums and mediums of electronic communication.
4.2.3 DOMAIN NAMES AND EMAIL ADDRESSES Distributors may not use or attempt to register any of Sisel’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain name. Similarly, Distributors may not incorporate or attempt to incorporate any of the Company’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, into any electronic mail address, Facebook, Instagram, YouTube, Twitter, Snapchat usernames, ID’s addresses or profiles, or in similar social media communication now in existence or later developed. Distributor agrees to immediately transfer and assign to the Company any registration of Company’s names, trademarks or service marks, including domain names reserved or registered at no charge in violation of this policy. This obligation shall survive the termination of this Agreement.
Any Distributor, Preferred Customer, or agent thereof, who registers or acquires a domain utilizing Sisel’s name or derivation thereof (misspellings, country identifiers, etc.), or registers any domain utilizing a Sisel product name or intended product name, shall be deemed to have registered such domain in bad faith, with no legitimate right or interest other than for the purpose of creating an identical or confusingly similar domain to a name or mark used by Sisel. Distributors or Preferred Customers who register or acquire any such domain agree to transfer and assign all rights and interest in the domain(s) to Sisel at cost, and Sisel shall have the right but not the obligation to acquire and/or use such domains. In the event a Distributor or Preferred Customers does not transfer a domain to Sisel upon request, then such Distributor or Preferred Customer agrees to pay Sisel a liquidated damage in the amount of the filing fee under the Uniform Dispute Resolution Procedure of the WIPO. Refusal to transfer such domain(s) to Sisel upon request shall be deemed further proof that the purpose and intent in acquiring such domains, is to create an identical or confusingly similar domain, in bad faith, and with no legitimate right or interest.
4.2.4 TRADEMARKS AND COPYRIGHTS Sisel does not allow the use of its trade names, trademarks, designs or symbols by any person, including a Sisel Distributors, without its prior, written permission in each instance. Similarly, any allowed use of Sisel’s copyrighted materials, trademarks or other intellectual property is automatically revoked upon termination of a Distributor’s account. Distributors may not produce for sale or distribution any recorded Company events, speeches, seminars, telephone calls, or similar content without written permission from Sisel. Distributors may not reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations or other marketing materials. The name of Sisel and other names as may be adopted by Sisel such as product names are proprietary trade names, trademarks and service marks of Sisel. As such, these marks are of great value to Sisel and are supplied to Distributors for their use only in an expressly authorized manner. Use of Sisel’s name on any item not produced by the Company is prohibited except it specifically includes:
Independent Sisel Distributor
All Distributors may list themselves as an “Independent Sisel Distributor” in the white or yellow pages of the telephone directory under their own name. No Distributor may place telephone directory display ads using Sisel’s name, logo, trademark or service mark. Other graphical ads must be approved by Sisel. Distributors may not answer the telephone by saying “Sisel”, “Sisel International” or in any other manner that would lead the caller to believe that he or she has reached corporate offices of Sisel. Distributors may not place exterior signs or window displays advertising Sisel or its products at any non-corporate location.
4.2.5 MEDIA AND MEDIA INQUIRIES Distributors are not authorized and must not attempt to respond to media inquiries regarding Sisel or its products. All inquiries by any type of media must be immediately referred to Sisel’s Legal Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
4.2.6 SPAMMING AND UNSOLICITED FAXES Except as provided in this section, Distributors may not use or transmit unsolicited faxes, mass email distribution, unsolicited email, or “spamming” relative to the operation of their Sisel distributorship. The terms “unsolicited faxes” and “unsolicited email” mean the transmission via telephone facsimile, electronic mail, text or SMS, or similar electronic means, of any material or information advertising or promoting Sisel, its products, its compensation plan or any other aspect of the Company which is transmitted to any person without permission. Spamming may include, but is not necessarily limited to: (1) sending unsolicited email messages that contain any email or web addresses from a distributor’s account to online users; (2) creating false “from sources” in an email message, or newsgroup posting thereby giving the impression that the message originated from the Company or its network; (3) sending unsolicited emails or faxes to lists of people that are not within the Distributor’s downline organization or with whom the Distributor does not have a prior 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 Distributor and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Distributor which has not been withdrawn or terminated; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party. Sending or posting electronic messages may have additional requirement and obligations depending on the country, state or location of the Distributor, and Distributors are responsible to comply with all applicable laws, rules and regulations regarding electronic communications in the areas in which they are.
4.3 BONUS BUYING PROHIBITED Bonus buying is strictly prohibited. “Bonus buying” includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Independent Distributor Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Distributor or Preferred Customer (including enrolling of minors or those without the capacity to enter into legally binding contracts); (c) the enrollment or attempted enrollment of nonexistent individuals or entities as Distributors or Preferred Customers (“phantoms”); (d) the use of a credit card by or on behalf of a Distributor or Preferred Customer when the Distributor or Preferred Customer is not the account holder of such credit card, unless prior arrangements and permission has been made for the Distributor or Preferred Customer receiving the Product or service to reimburse the credit card holder on a timely basis, and where the purchase assistance is provided as an accommodation to the purchaser who may not have a credit card and but not simply to accelerate a purchase into any given commission or bonus period or cycle; (e) Purchasing Sisel merchandise on behalf of another Distributor or Preferred Customer, or under another Distributor’s or Preferred Customer’s I.D. number, to qualify for commissions or bonuses.
4.4 BUSINESS ENTITIES A corporation, limited liability company (LLC), partnership, trust or other legal entity recognized in your region or area (collectively referred to in this section as a “Business Entity”) may apply to be a Sisel Distributor by submitting its Certificate of Incorporation, Certificate of Organization, Partnership Agreement or similar documents (these documents are collectively referred to as the “Entity Documents”) to Sisel, along with a properly completed Statement of Beneficial Interest Form. If a Distributor enrolls online, the Entity Documents and Statement of Beneficial Interest Form must be submitted to Sisel within 30 days of the online enrollment. If the documents are not received within the 30-day period, the Distributor Agreement will be terminated. A Sisel business may change its status under the same sponsor from an individual to a partnership, LLC, corporation or other entity, or from one type of entity to another. Distributors are obligated to keep their business entity current and legally active and must notify Sisel if the business entity becomes suspended, disqualified, cancelled or terminated.
The Statement of Beneficial Interest Form must be signed by all of the shareholders, members, partners or trustees. Members or owners of the entity act as personal guarantors of the Business Entity in relation to Sisel and are thus jointly and severally liable for any indebtedness or other obligation or liability to Sisel.
4.5 CHANGES TO A SISEL DISTRIBUTORSHIP
4.5.1 GENERAL Each Distributor must immediately notify Sisel of all changes to the information contained on his or her Distributor Application and Agreement, including changes in their business entity status. Distributors may modify their existing Distributor 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 Distributor) by submitting a written request, a properly executed Distributor Application and Agreement and appropriate supporting documentation. Changes shall be processed only once per year. All changes must be submitted by November 30 to become effective on January 1 of the following year.
4.5.2 ADDITION OF CO-APPLICANTS When adding a co-applicant (either an individual or a business entity) to an existing Sisel business, the Company requires both a written request as well as a properly completed Distributor Application and Agreement containing the applicant and co-applicant’s Social Security Numbers (or national or tax identification numbers) and signatures. To prevent the circumvention of Section 4.27 (regarding transfers and assignments of Sisel business), the original applicant must remain as a party to the original Distributor Application and Agreement. If the original Distributor 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 4.27. If this process is not followed, the business will be canceled upon the withdrawal of the original Distributor. All bonus and commission checks will be sent to the address of record of the original Distributor. 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 4.5.3, below. Sisel may, at its discretion, require notarized documents before implementing any changes to a Sisel business. Please allow thirty (30) days after the receipt of the request by Sisel for processing. Additions may also only happen once per year.
4.5.3 CHANGE OF SPONSOR To protect the integrity of all marketing organizations and safeguard the hard work of all Distributors, Sisel strongly discourages changes in sponsorship. Maintaining the integrity of sponsorship is critical for the success of every Distributor and marketing organization. Accordingly, the transfer of a Sisel distributorship from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing for review by the Sisel Compliance Department and must include the reason for the transfer. Transfers will only be considered in the following two (2) circumstances:
1) In cases involving fraudulent inducement or unethical sponsoring a Distributor may request that he or she be transferred to another organization with his or her entire marketing organization intact. All requests for transfer alleging fraudulent enrollment practices shall be evaluated on a case-by-case basis.
2) The Distributor seeking to transfer submits a properly completed and fully executed Sponsorship Transfer Form which includes the written approval of all parties whose income will be affected by the transfer. Photocopied or facsimile signatures may require verification. All Distributor signatures must be authenticated. The Distributor who requests the transfer must submit a fee of $50.00 for administrative charges and data processing. If the transferring Distributor also wants to move any of the Distributors in his or her marketing organization, each downline Distributor must also obtain a properly completed Sponsorship Transfer Form and return it with the $50.00 USD change fee (i.e., the transferring Distributor and each Distributor in his or her marketing organization multiplied by $50.00 is the cost to move a Sisel business.) Downline Distributors will not be moved with the transferring Distributor unless all the requirements of this paragraph are met. Transferring Distributors must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by Sisel for processing and verifying change requests.
4.5.4 CANCELLATION AND RE-APPLICATION A Distributor may legitimately change organizations (sponsor) by voluntarily canceling his or her Sisel distributorship and remaining inactive (i.e., no purchases of Sisel products for resale, no sales of Sisel products, no sponsoring, no attendance at any Sisel functions, participation in any other form of Distributor activity, or operation of any other Sisel business) for six (6) full calendar months. Following the six-month period of inactivity, the former Distributor may reapply under a new sponsor. In cases where Distributors allow their account to expire for inactivity or non-renewal, they must similarly wait a six-month period before re-applying.
4.6 UNAUTHORIZED CLAIMS AND ACTIONS
4.6.1 Indemnification A Distributor is fully responsible for all his or her verbal and written statements made expressly or implicitly regarding Sisel products and the Marketing/Compensation Plan that are not contained in official Sisel materials. Official Sisel materials do not include oral statements made on the telephone or at meetings in which Company personnel participate. If a Distributor makes a claim or statement that is not reflected in official Company materials, including repeating something heard from someone else (even Sisel management), the Distributor accepts full responsibility for those statements or claims. These are all unauthorized statements or claims. Distributors agree to indemnify Sisel and Sisel’s directors, officers, employees and agents, and hold them harmless from any and all liability including judgments, civil penalties, claims, refunds, attorney fees, court costs or lost business incurred by Sisel as a result of the Distributor’s unauthorized representations or actions. Limitations on making claims apply to both advertising and Distributor-sponsored meetings. These provision of 4.6 shall survive the cancellation or termination of the Distributor Agreement.
4.6.2 Product Claims No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Sisel may be made except those contained in official Sisel materials. In particular, Distributors may not make any claim that Sisel products are useful in the cure, treatment, diagnosis, mitigation or prevention of any illness or disease. Such statements can be perceived as medical or drug claims. Not only do such claims violate Sisel policies, but they potentially violate national, state, or provincial laws and regulations, including the laws and regulations of the ministry of health in the country where the claims are made.
4.6.3 Income Claims In their enthusiasm to enroll prospective Distributors, some Distributors occasionally are tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new Distributors may become disappointed quickly if their results are not as extensive or as rapid as the results others have achieved. Sisel income potential should be sufficiently attractive to prospective Distributors based upon official Sisel literature without reporting the earnings of others.
Most countries and states/provinces have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While Distributors may believe it is beneficial to provide copies of checks or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact Sisel as well as the Distributor making the claim. Income guarantees of any kind are prohibited. Sisel Distributors do not have the data necessary to comply with the legal requirements for making income claims. A Distributor, when presenting or discussing the Sisel opportunity or Marketing/Compensation Plan to a prospective Distributor or others, may not make income projections, income claims, or disclose his or her Sisel 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 Marketing/Compensation Plan and which are based solely on mathematical projections are discouraged, but to the extent such are used, the Distributor who uses such hypothetical examples must clearly communicate to the prospective Distributor(s) that such earnings are hypothetical. Distributors are solely responsible for any such “hypothetical” examples and income representations and specifically agree to indemnify and hold Sisel harmless from such claims as stated above in Section 4.6.1.
4.7 COMMERCIAL OUTLETS Sisel strongly encourages the retailing and selling of its products through person-to-person contact. To reinforce this method of marketing and to help provide a standard of fairness for its Independent Distributor base, Distributors may not display or sell Sisel products or literature in any retail or service establishment except in small (less than 1,000 sq. ft. retail space) individually-owned outlets. Sisel will otherwise only permit Distributors to solicit and make commercial sales only upon prior written approval from the Company. For the purposes of these Policies and Procedures, the term “commercial sale” means the sale of: a) Sisel products that equal or exceed $350 or more in a single order; and b) to a third party who intends to resell the products to a Retail Customer.
4.8 TRADE SHOWS, EXPOSITIONS AND OTHER SALES FORUMS Distributors may display and/or sell Sisel products at trade shows and professional expositions. Before submitting a deposit to the event promoter, Distributors must contact the Customer Service Department for approval, as Sisel’s policy is to authorize only one Sisel business per event. Final approval will be granted to the first Distributor who submits an official advertisement of the event, and a satisfactory request to display at the event. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the Customer Service Department. Sisel 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 or the Sisel opportunity. Approval will not be given for swap meets, garage sales, flea markets, bazaars, vending carts, or similar outlets as these events are not conducive to the professional image of Sisel.
4.9 CONFLICTS OF INTEREST
4.9.1 Non-solicitation As Independent Distributors, Sisel Distributors may participate in other direct selling or network marketing ventures, and Distributors may engage in selling activities related to nonSisel products and services. However, if a Distributor elects to participate in another network marketing opportunity, to avoid conflicts of interest and loyalties, Distributors are prohibited from any unauthorized recruiting or solicitation, which includes the following:
a) During the term of this Agreement, any actual or attempted recruitment or enrollment of Sisel Preferred Customers, Distributors or Sisel employees for other network marketing business ventures, either directly or through a third party, except for those individuals the Distributor has personally sponsored and who are positioned immediately below the Distributor’s in the Distributor’s downline. This includes, but is not limited to, presenting or assisting in the presentation of other network marketing business ventures to any Sisel Preferred Customer, Distributor or employee, or implicitly or explicitly encouraging any Sisel Preferred Customer, Distributor or employee to join other business ventures, including doing so through Sisel branded social networking such as a Sisel Facebook page, Instagram, text messaging or other social media or electronic methodology. Because there is an extreme likelihood that conflicts will arise if a Distributor operates two network marketing programs, it is the Distributor’s responsibility to first determine whether a prospect is a Sisel Preferred Customer or Distributor before recruiting or enrolling the prospect for another network business venture;
b) For a period of twelve months following the cancellation or termination of a Distributor’s Agreement for whatever reason, the former Distributor may not solicit or recruit any Sisel Distributor or Preferred Customer for another network marketing program;
c) Producing or offering any literature, tapes or promotional material of any nature for another network marketing business which is used by the Distributor or any third person to recruit Sisel Preferred Customers or Distributors for that business venture;
d) Selling, offering to sell, or promoting any competing non-Sisel products to Sisel Preferred Customers or Distributors. Any product in the same generic category as a Sisel product is deemed to be competing; e.g.; Any dietary supplement is in the same generic category as Sisel’s dietary supplements, and is therefore a competing product, regardless of differences in cost, quality, ingredients or nutrient content;
e) Offering Sisel products or promoting Sisel’s Marketing/Compensation Program in conjunction with any non-Sisel products, services, business plan, opportunity or incentive; or
f) Offering any non-Sisel products, services, business plan, opportunity or incentive at any Sisel meeting, seminar, launch, convention or other Sisel function, or immediately following such event.
4.9.2 Downline Activity (genealogy) Reports Downline Activity Reports (defined as any report or documentation generated by Sisel that provides data relating to the identities of Distributors, sales information and enrollment activity of each Distributor’s marketing organization) are available for Distributor access and viewing at Sisel’s official website or virtual office. Distributor’s access to their Downline Activity Reports is password protected. All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to Sisel. Downline Activity Reports are provided to Distributors in strictest confidence and are made available to Distributors for the sole purpose of assisting Distributors in working with their respective downline organizations in the development of their Sisel business. Distributors should use their Downline Activity Reports to assist, motivate and train their downline Distributors. The Distributor and Sisel agree that, but for this agreement of confidentiality and nondisclosure, Sisel would not provide Downline Activity Reports to the Distributor. A Distributor shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
a) Directly or indirectly disclose any information contained in any Downline Activity Report to any individual, partnership, association, corporation or other entity;
b) Directly or indirectly disclose, to any individual, partnership, association, corporation or other entity, the password or other access code to his or her Downline Activity Report;
c) Use the information contained in any Downline Activity Report to compete with Sisel or for any purpose other than promoting or supporting his or her legitimate Sisel business; or
d) Recruit or solicit any Distributor or Preferred Customer listed on any Downline Activity Report, or in any manner attempt to influence, solicit or induce any Sisel Distributor or Preferred Customer to alter their relationship with Sisel.
Upon demand by the Company, any current or former Distributor will return the original and all copies of Downline Activity Reports to the Company and upon request will certify in writing that all such information has been returned or destroyed.
4.10 TARGETING OTHER DIRECT SELLERS Sisel does not condone Distributors specifically targeting the sales force of another direct sales company to sell Sisel products or to become Distributors for Sisel. Distributors must not offer, either directly or indirectly, any special incentives, deals or other forms of enticement to encourage others to join Sisel. Should Distributors engage in such activities, they bear the risk of being sued by the other direct sales company and are liable to Sisel for any claims or damages it may incur. Sisel will not pay any of a Distributor’s defense costs, legal fees, judgment or award if any lawsuit or legal action is brought against a Distributor alleging inappropriate recruiting activity. Violation of this provision may result in discipline of the Distributor, up to and including termination.
4.11 CROSS-SPONSORING Actual or attempted cross sponsoring is strictly prohibited. “Cross Sponsoring” is defined as the enrollment of an individual or entity that already has a current Preferred Customer or Distributor Agreement with Sisel, or who has had an Agreement within the preceding six calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, DBA’s, assumed names, corporations, partnerships, trusts, federal ID numbers or fictitious ID numbers to circumvent this policy is prohibited. Distributors shall not demean or discredit another Sisel Distributor either directly or indirectly, in an attempt to entice another Distributor to become part of the first Distributor’s marketing organization. This policy shall not prohibit the transfer of a Sisel business in accordance with Section 4.27.
If Cross Sponsoring is discovered, Sisel may take disciplinary action against the Distributor that changed organizations and/or those Distributors who encouraged or participated in the Cross Sponsoring. Sisel may, but is not obligated to, move all or part of the offending Distributor’s downline to his or her original downline organization if the Company deems it equitable and feasible to do so. Ultimate disposition of the organization remains within the sole discretion of Sisel. Distributors waive all claims and causes of action against Sisel arising from or relating to the disposition and resolution of the Cross Sponsored Distributor’s downline organization.
4.12 ERRORS OR QUESTIONS If a Distributor has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports or charges, the Distributor must notify Sisel in writing within 60 days of the date of the purported error or incident in question. Sisel will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
4.13 EXCESS INVENTORY PURCHASES PROHIBITED Distributors are not required to carry inventory of products or sales aids. Distributors who do so may find making retail sales and building a marketing organization somewhat easier, but such is not required by Sisel. Each Distributor must make his or her own decision regarding these matters. To ensure that Distributors are not encumbered with excess inventory that they are unable to sell, such resalable inventory may be returned to Sisel upon the Distributor’s cancellation pursuant to the terms of Section 8.2.
Sisel strictly prohibits the purchase of products in unreasonable amounts for the purpose of qualifying for commissions, bonuses or advancement in the Marketing/Compensation Plan. Sisel’s distributor opportunity is built on retail sales to ultimate consumers. Sisel encourages all Distributors to only purchase the quantity of inventory that he or she will consume, use as a sales tool, or that will be resold to others for their consumption within a reasonable period of time. Distributors are not allowed to purchase inventory in an amount which exceeds that which can reasonably be expected to be resold, used as a sales tool, or consumed within a reasonable period of time. Distributors may not purchase more inventory than they can reasonably resell or consume in a month nor may they encourage others to do so. To curtail such activity, Distributors must certify on each order they place that they have sold, consumed or used at least 70% of all Sisel products from previous orders. This is known as the 70% Rule. Similarly, Distributors are prohibited from purchasing more than $500 in products per month unless they verify that they have pending retail orders in excess of that amount or provide Sisel with other reasons why such a purchase is proper. In addition to other disciplinary actions, Sisel reserves the right to recover bonuses paid if it is discovered that the bonuses have been generated on what Sisel deems to be sales in violation of this provision or the Agreement.
When enrolling in Sisel’s auto-ship program, Distributors understand and commit that their recurring orders are for their convenience and will not result in stockpiling of product or excessive orders. Distributors acknowledge that the auto-ship program does not supersede the 70% rule noted above, and the obligation to sell or consume at least 70% of all Sisel products from previous orders before placing new orders continues to apply. Distributors affirm that if their auto-shipment orders tend to exceed the 70% standard, they will adjust the auto-ship quantities to ensure compliance with the standard that 70% of products previously shipped have been sold and/or used before the next shipment arrives.
4.14 GOVERNMENTAL AND THIRD-PARTY APPROVAL OR ENDORSEMENT Federal, state, local, regional or other governmental offices and regulatory agencies usually do not approve or endorse any direct selling or network marketing companies or programs. Therefore, Distributors shall not represent or imply that Sisel or its Marketing/Compensation Plan have been “approved,” “endorsed,” “reviewed” or otherwise authorized by any government agency. Similarly, third-party endorsements, approvals or certificates are not to be used or referenced unless approved in writing by Sisel. In the event approvals or endorsements are authorized by Sisel, Distributors are obligated to ensure that approvals or certificates are current and have not expired or are no longer valid.
4.15 HOLDING APPLICATIONS OR ORDERS Distributors must not manipulate the enrollment of new applicants or the purchases of products. All Distributor Applications and Agreements, and product orders must be sent to Sisel within 72 hours from the time they are signed by a Distributor or placed by a customer, respectively.
4.16 IDENTIFICATION All Distributors are required to provide their Social Security Number, Social Insurance Number, Federal Employer Identification Number, or national tax or other identification number to Sisel on the Distributor Application and Agreement. Upon enrollment, the Company will provide a unique Distributor Identification Number to the Distributor by which he or she will be identified. This number will be used to place orders, and track commissions and bonuses. Distributors may also be asked to verify part of their Social Security Number, Social Insurance Number, etc. as a security measure to access the Distributor’s eWallet or for other security purposes.
4.17 INCOME TAXES Each Distributor is responsible for paying local, state, provincial, and federal taxes on any income generated as an Independent Distributor. If a Sisel business is tax exempt, the applicable tax identification number must be provided to Sisel. Sisel will provide earning statements to the applicable tax authorities for residents of countries where required. (US Only) Sisel will provide U.S. noncorporate Distributors with an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) had earnings of over $600 in the previous calendar year; or 2) made purchases during the previous calendar year in excess of $5,000. If you are a U.S. based Independent Distributor, by your signature on the Distributor Application you certify the following (pursuant to the requirements of Form W-9): (1) Your Taxpayer Identification Number provided thereon is correct; (2) You are not subject to “backup withholding” due to failure to report interest and dividend income; and (3) You are a U.S. person for Federal Tax purposes.
4.18 INDEPENDENT CONTRACTOR STATUS Distributors are independent contractors and are not purchasers of a franchise or a business opportunity. The Agreement between Sisel and its Distributors does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Distributor, and Distributors should not state or imply anything to the contrary either orally or in writing. A Distributor shall not be treated as an employee for his or her services or for taxation purposes. All Distributors are responsible for paying local, state and federal taxes due from all compensation earned as an Independent Distributor of the Company. The Distributor has no authority (expressed or implied), to bind the Company to any obligation. The Distributor Agreement and these Policies and Procedures are designed to enforce the Company’s rights and business interests and are not designed to govern the activities of Independent Distributors except as necessary to protect the Company.
4.19.1 Business Pursuits Coverage You may wish to arrange insurance coverage for your distributorship business. Your homeowner’s insurance policy does not cover business-related injuries, theft or damage to inventory or business equipment. Contact your insurance agent to make certain that your interests are protected.
4.19.2 Product Liability Coverage Sisel maintains insurance to protect the Company against product liability claims. Sisel’s insurance policy also contains a “Vendor’s Endorsement” which may extend coverage to Independent Distributors so long as they are marketing Sisel products in accordance with Company official statements, Company Policies and applicable laws and regulations. Sisel’s product liability policy does not extend coverage to claims or actions that arise as a result of a Distributor’s misconduct in the marketing, promotion or sale of the products.
4.20 INTERNATIONAL MARKETING Because of critical legal and tax considerations, Sisel must limit the resale of Sisel products and the presentation of the Sisel opportunity to prospective customers and Distributors located within jurisdictions where such activities may be lawfully undertaken. Some jurisdictions allow residents of their regions to import products for personal use on a “not-for-resale” basis but prohibit any domestic marketing of those products. Accordingly, Distributors are authorized to sell Sisel products and enroll Preferred Customers or Distributors only in the countries in which they may do so in compliance with local laws. Sisel products or sales aids cannot be shipped into, sold, distributed or provided samples of, in any “unopened” country unless specifically authorized in writing to do so or unless approval of such activities are published in official Sisel literature. In addition, no Distributor may, in any unauthorized country: (a) conduct sales, generate leads, enrollment, or training meetings; (b) enroll or attempt to enroll potential customers or Distributors; or (c) conduct any other activity for the purpose of promoting and/or selling Sisel products, establishing a marketing organization or promoting the Sisel opportunity. Any product made available on a “not-for-resale” basis must be for personal use or the use of immediate family residing in the same residence. Not-for-resale products are not to be sold or distributed in any way, and Preferred Customers and Distributors are not to encourage, aid or facilitate others in doing so. As the name implies, not-for-resale product should not be resold, and it is against the law to do so. It is your responsibility to comply with applicable laws and not purchase product prohibited in your country or in quantities larger than can be consumed by you in a reasonable period of time. Importing not-for-resale products is the responsibility of the Distributor or Preferred Customer and not Sisel. Any delays at customs, duties, import taxes or other taxes imposed is the responsibility of the Preferred Customer or Distributor as he or she is deemed the importer of record of the not-for-resale product.
4.21 ADHERENCE TO LAWS AND ORDINANCES
4.21.1 Local Ordinances Related to Home Based Businesses Many cities, counties and regions have laws regulating certain home-based businesses. In some instances, these ordinances are not applicable to Distributors because of the nature of their business. However, Distributors must obey those laws that do apply to them, including all laws and regulations relating to anti-bribery and anti-corruption. Distributors who become aware of any local law or ordinance that restricts their ability to conduct a Distributorship effectively may send a copy of that ordinance to the Sisel Compliance Department for review and possible assistance in identifying options or exceptions to the ordinance.
4.21.2 Compliance with National, Federal, State, Provincial and Local Laws Distributors agree to comply with all applicable laws, ordinances, rules and regulations in the conduct of their businesses. Sisel may provide input or suggestions on compliance issues, but Independent Distributors are themselves responsible for compliance with all laws, ordinances and regulations applicable to them, including those applicable to not-for-resale product. Furthermore, Distributors shall not make, offer, promise or authorize any payment, loan, gift, donation or other giving of money or things of value, directly or indirectly, and whether or not pursuant to written contract, to or for the use of any government official, any political party or official thereof, for the purpose of influencing or inducing any official act or not act in convention of any law or regulation prohibiting illicit payments to government officials or their agents.
4.22 MINORS AND INCAPACITY A person who is recognized as a minor in his or her country, state or province of residence, or as a person lacking the mental or physical capacity to become legally responsible for their actions may not be a Sisel Distributor. Distributors shall not enroll or recruit minors or those lacking capacity into the Sisel program.
4.23 ONE SISEL BUSINESS PER DISTRIBUTOR AND PER HOUSEHOLD A Distributor may operate or have an ownership interest (legal or equitable) as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Sisel business. The distributor account should be in the country in which the Distributor principally operates, and Distributors cannot have different accounts in different countries. The named owner of the Distributorship must be the same individual operating the Distributorship and making the business decisions regarding that Distributorship. No individual may have, operate, have a Beneficial Interest in or receive compensation from more than one Sisel account. Upon providing credible proof, individuals (other than spouse by marriage or common law) who are the age of majority to contract and are living at the same address may enter into or have an interest in a Sisel business. However, all the Distributors living at the same address must be in the same Distributor organization with a common upline.
An exception to the one business per Distributor and one Distributor per household rule is if two single individuals are both active Distributors and subsequently are legally married, in which case each may continue to maintain their separate account. This exception is subject to review and may be denied if Sisel determines that one spouse established their account in anticipation of getting married or other evidence of manipulation. An additional exception will be considered on a case by case basis in cases of a Distributor receiving an interest in another account through inheritance. Requests for exceptions to this policy must be submitted in writing to the Compliance Department and approved in writing by the Chief Executive Officer of Sisel. In those rare instances where two single Distributors marry and are allowed to keep their individual accounts, all awards, recognitions, incentives, promotions, car allowances etc., earned by either one is only awarded to one account regardless of the success of the other account.
4.23.1 Actions of household Members or Affiliated Individuals If any member of a Distributor’s immediate household who is not otherwise enrolled as a Sisel Distributor engages in any activity which, if performed by the Distributor, would violate any provision of the Agreement, such activity will be deemed a violation by the Distributor, and Sisel may take disciplinary action pursuant to these Policies and Procedures against the Distributor. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively “affiliated individual”) violates the Agreement, such action(s) will be deemed a violation by the entity, and Sisel may take disciplinary action against the entity and Distributor of the entity.
4.24 RE-PACKAGING AND RE-LABELING PROHIBITED Distributors may not re-package, re-label, refill or alter the labels on any Sisel products, information, materials or programs in any way. Sisel products must be sold in their original containers only. Such re-labeling or repackaging would likely violate national, federal, state or provincial laws, and could result in severe criminal penalties. Distributors should also be aware that they will be fully responsible for any civil or even criminal liability can arise when, because of the repackaging or re-labeling of products, a person using the products suffer any type of injury or their property is damaged. Distributors who purchase products labeled not-for-resale may not resell, re-label or re-package the product.
4.25 REQUESTS FOR RECORDS Any request from a Distributor for copies of duplicate invoices, applications, downline activity reports, or other records may require a fee of $1.00 USD per page per copy depending upon the quantity requested. This fee covers the expense of mailing and time required to research files and make copies of the records. Distributors may also need to verify why they are requesting a printed record of their downline activity report(s).
4.26 ROLL-UP OF MARKETING ORGANIZATION When a vacancy occurs in a Marketing Organization (defined below) due to the termination of a Sisel Distributor, Sisel may, in its sole discretion, have the Distributor in the first level immediately below the terminated Distributor on the date of the cancellation, be moved to the first level (“front line”) of the terminated Distributor’s sponsor. For example, if A sponsors B, and B sponsors C1, C2, and C3, if B terminates his or her distributorship, C1, C2, and C3 may “roll-up” to A and become part of A’s first level in level B status. Generally, the marketing organization remains intact and does not roll-up. In instances where a Distributor has caused damage to the Company, Sisel retains the right to hold the position of the terminated Distributor to recover the damages by collecting commissions that accrue to that position. Further, Sisel retains the right to sell or transfer that position to another Distributor in its sole discretion.
4.27 SALE, TRANSFER OR ASSIGNMENT OF SISEL DOWNLINE
4.27.1 In general, although a Sisel distributorship is a privately owned and independently operated structure, the sale, transfer or assignment of a Sisel distributorship is subject to certain limitations. If a Distributor wishes to sell his or her Sisel downline, the following criteria must be met:
a) Protection of the existing line of sponsorship must always be maintained so that the Sisel distribution system continues to be operated in that line of sponsorship. A transfer or assignment will not be allowed if Sisel believes in its sole discretion that the existing downline will not be adequately supported. Consistent with existing policy, Sisel may also terminate a distributorship after a transfer or assignment if the downline isn’t adequately being supported. Similarly, consent will not be given to any proposed transfer that is being done to avoid any requirement of these Policies and Procedures;
b) If it is a sale, the business must first be offered to the Company and then to the Distributor’s upline Distributors as provided in Section 4.27.2 below;
c) The buyer or transferee must be (or must become) a qualified Sisel Distributor. If the buyer is an active Sisel Distributor, he or she must first terminate his or her Sisel business simultaneously with the purchase, transfer, assignment or acquisition of any interest in the new Sisel business. The new distributorship will take the organizational position of the previous distributorship with the same downline, and no change in the sponsor may occur;
d) Before the sale, transfer or assignment can be finalized and approved by Sisel, any debt obligations the selling Distributor has with Sisel must be satisfied;
e) Pre-payment of a $100 USD administrative fee to process the sale, assignment or transfer;
f) The selling Distributor must be in good standing and not in violation of any of the terms of the Agreement to be eligible to sell, transfer or assign a Sisel business. Permission to sell, transfer or assign a downline is within Sisel’s sole discretion;
g) The Compliance Department will approve or deny the sale, transfer or assignment within thirty (30) days after its receipt of all necessary documents from the parties. Parties should not transfer any funds or deem the sale complete until after the Compliance Department has approved the sale; and
h) For a period of three (3) years following the sale, transfer or assignment of a distributorship, the former distributor may not solicit or recruit any Sisel Distributor or Preferred Customer for another network marketing program, and breach of this provision will result in termination of the sold, transferred or assigned distributorship. Both the distributor and new distributor hereby acknowledge this requirement and agree it is a fair and reasonable condition of conveyance. A distributor who sells, transfers or assigns or otherwise conveys his or her downline shall not be eligible to re-apply as a Sisel Distributor for a period of at least twelve full calendar months after the sale.
4.27.2 Right of First Refusal If a Distributor desires to sell his or her Sisel downline, the Distributor must initially offer to sell the Distributorship to the Company on the same terms that will be offered to any other potential purchaser. If Company does not purchase the Distributorship, the Distributor’s Sponsor must be given the first right and option in writing sent via certified mail, return receipt requested, to purchase the downline. If the Sponsor desires to purchase the downline, the purchased downline will merge with the Sponsor’s downline(s) to create a single distributorship. If the Sponsor fails to notify the selling Distributor of his or her intention to purchase the business within ten (10) business days after his or her receipt of selling Distributor’s notice of intent to sell, the selling Distributor must offer (in succession beginning with the Distributor immediately above the seller’s Sponsor) the business to the first three immediate upline distributors of the seller’s Sponsor upon the same terms provided in the option to the seller’s Sponsor. If an upline Distributor desires to purchase the selling Distributor’s downline, the purchasing Distributor must first sell his or her own downline or cancel his or her Distributor Agreement before purchasing another.
If each of the three upline Distributors fails to notify the selling Distributor of his or her intention to purchase the business within ten (10) business days respectively after his or her receipt of selling Distributor’s notice of intent to sell, the selling Distributor may proceed with the sale to a third party willing to purchase the existing downline upon the same terms provided in the offer to the seller’s Sponsor. The buyer, transferee or assignee must complete a Distributor Agreement (or Transfer Agreement if he or she is a current Sisel Distributor) and possess reasonable ability to satisfactorily perform the obligations of a Sisel Distributor who is of the same rank or status as the selling Distributor. Sisel reserves the right at its sole discretion to reject any transferee, assignee or buyer in the same manner in which it could reject any newly submitted Distributor Agreement.
Upon complete execution of the purchase and sale agreement, and the new Distributor Agreement, the parties must submit copies of the same to Sisel’s Compliance Department for review and approval. Sisel reserves the right to request additional documentation that may be necessary to analyze the transaction between the buyer and seller. The Compliance Department will approve or deny the sale, transfer or assignment within thirty (30) days after its receipt of all necessary documents from the parties. Parties should not transfer any funds or deem the sale complete until after the Compliance Department has approved the sale. To ensure the sales process is managed properly and openly, Sisel may require the purchaser to pay the sale proceeds into Sisel in the name of the seller, or through a third-party escrow service.
If the seller sells, transfers or assigns or attempts to sell, transfer or assign his or her downline upon terms different than those set forth in the offer to the seller’s Sponsor, such transfer shall be voidable at Sisel’s option. Further, if the parties fail to obtain Sisel’s approval for the transaction, the transfer shall be voidable at Sisel’s option. The purchaser of the existing business will assume the obligations and position of the selling Distributor. A Distributor who sells his or her downline shall not be eligible to re-apply as a Sisel Distributor for a period of at least six full calendar months after the sale.
4.28 SEPARATION OF SISEL PARTNERS Sisel Distributors sometimes operate their Sisel businesses as husband-wife partnerships, regular partnerships, corporations or trusts. At such time as a marriage may end or a corporation, partnership or trust (the latter three entities are collectively referred to herein as “Entities”) may dissolve, arrangements must be made to assure that any separation or division of the distributorship is accomplished so as not to adversely affect the interests and income of other distributorship’s up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other Distributors and the Company, Sisel may involuntarily terminate the Distributor Agreement and roll-up their entire organization pursuant to Section 4.26. During the pendency of a divorce or Entity dissolution, the parties must adopt one of the following methods of operation:
a) One of the parties may, with consent of the other(s), operate the Sisel distributorship pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize Sisel to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee;
b) The parties may continue to operate the Sisel distributorship jointly on a “business-as-usual” basis, whereupon all compensation paid by Sisel will be paid in the joint names of the Distributors or in the name of the Entity to be divided as the parties may independently agree between themselves; or
c) If the parties cannot mutually agree on how the distributorship shall be allocated during the pendency of a divorce or dissolution, the Company may treat the distributorship according to the status quo as existed prior to the filing of the divorce or dissolution.
4.29 SPONSORING All active Distributors in good standing have the right to sponsor others as new Sisel Distributors. Each prospective Preferred Customer or Distributor has the ultimate right to choose his or her own Sponsor. If two Distributors claim to be the Sponsor of the same new Distributor or Preferred Customer, the Company shall regard the first application received by the Company as controlling, unless the new Distributor certifies in writing within 30 days that the first application was submitted in error or contained material errors. Sisel allows Sponsors some flexibility when placing new distributors in their downlines. Placement of a new Distributor by the enrolling sponsor may be changed one time during the first 30 days from the date of enrollment. This policy is for placement only and does not apply to sponsor changes. Requests for placement changes made after 30 days as well as all sponsor changes must comply with Sisel’s policy as stated in Section 4.5.3.
4.30 STACKING “Stacking” is strictly prohibited. The term “stacking” includes: (a) the failure to transmit to Sisel or the holding of an Independent Distributor Application and Agreement in excess of three business days after its execution; (b) the placement or manipulation of Independent Distributor Applications and Agreements for the purpose of maximizing compensation pursuant to Sisel’s Marketing/Compensation Plan; (c) providing financial assistance to new Distributors for the purpose of maximizing compensation pursuant to Sisel’s Marketing/Compensation Plan, including buying product through another’s account for increased payout; (d) violating the one business per Distributor rule; (e) enrolling fictitious individuals or entities into the Sisel Marketing/Compensation plan. and/or (f) enrolling or placing one-star Distributors consecutive in a single downline for the purpose of manipulating the Marketing/Compensation Plan, for example not having a second personally sponsored Distributor in a downline. Stacking is contrary to these Policies and Procedures and may be a violation of federal and state law. Evidence of stacking may result discipline including termination according to Section 9.
4.31 SUCCESSION Upon the death or adjudicated mental incapacitation of a Distributor, the Distributorship will terminate unless prior arrangements have been made to pass the interest to an heir or successor, and the heir or successor is willing to assume all the responsibilities and obligations of a Distributor as described herein. Whenever a Sisel distributorship is transferred by a will or other testamentary process, a general bequeath of a Distributor’s property is not sufficient specific to satisfy this requirement. Distributors are encouraged to specifically reference and identify the Distributor account in any succession document. Distributors should consult with an estate-planning professional to assist in the preparation of testamentary instruments that satisfy this requirement. After proper verification by the appropriate local governing authority, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Distributor’s marketing organization provided the following qualifications are met. The successor(s) must: a) not be a current Sisel Distributor; b) execute a Distributor Agreement; c) comply with terms and provisions of the Agreement; and d) meet all the qualifications for the deceased Distributor’s status. Bonus and commission checks of a Sisel business transferred pursuant to this Section will be paid in a single check jointly to the devisees. The devisees must provide Sisel with an “address of record” where all bonus and commission checks will be sent. If the business is bequeathed to joint devisees, they must form a business entity and acquire a Federal Taxpayer Identification number. Sisel reserves the right to freeze any Distributor account until the succession issues are resolved. Sisel also reserves the right in its sole discretion to reject any transferee, assignee or successor under Section 4.31 and its subsections, in the same way it could reject any newly submitted Distributor Agreement.
4.31.1 Transfer Upon Death of a Distributor To effect a testamentary transfer of a Sisel distributorship, the successor must provide the following to Sisel: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor’s right to the Sisel distributorship; (3) a court order authorizing transfer or proof of adjudication of the will by the appropriate governmental office or agency, and (4) a completed and executed Distributor Agreement.
4.31.2 Transfer Upon Incapacitation of a Distributor To effect a transfer of a Sisel distributorship because of incapacity, the successor must provide the following to Sisel: (1) legal documentation or court order establishing incapacitation; (2) a notarized copy of an appointment as trustee or a guardian by a court (or similar legal authority outside the United States); (3) a notarized copy of the document establishing the trustee’s or guardian’s right to administer the Sisel distributorship; and (4) a completed Distributor Agreement executed by the trustee.
4.32 TELEMARKETING Many countries and jurisdictions have laws and regulations that restrict telemarketing practices. Telemarketing means using the telephone to sell, advertise or promote product, including the use of automatic telephone dialing systems or random phone lists dialing. Distributors must abide by the laws and regulations governing telemarketing of each country and state or province in which they are doing business. Sisel Independent Distributors are individually responsible for their marketing activities. Though the Company provides general business training, the Company does not dictate the means or methods by which Distributors conduct their day-to-day business activities, except as necessary to protect the Company’s business and intellectual property rights. As such, Distributors are responsible to ensure their own compliance with applicable telemarketing laws and regulations in the areas they do business.
4.33 GENERAL RELEASE: PHOTO, AUDIO, VIDEO, ETC. As part of their Agreement with Sisel, each Distributor does voluntarily consent and grant Sisel the unconditional permission to use a Distributor’s name, likeness, image, on film, slides, photographs, video, audio or other media now known or later developed, for promoting and marketing purposes. This permission includes the perpetual worldwide right to advertise, promote, use, broadcast, and rebroadcast in whole or in part such images, video, audio and likeness, and Distributor will receive no compensation or payment for granting this right. By submitting photographs, video or audio, or the acquisition of such individually or in conjunction with any Company event, such content becomes the property of Sisel and will not be returned and Sisel can edit, use and publish any such content without Distributor’s inspection or approval prior to use. This provision survives the termination of this Agreement. If a Distributor has a moral, religious or other objection to having their picture taken or appearing in video, such Distributors need to notify Sisel’s staff at any event where photographs or videos are being taken.
5.0 RESPONSIBILITIES OF DISTRIBUTORS
5.1 CHANGE OF ADDRESS, TELEPHONE OR EMAIL To ensure timely delivery of products, support materials and commission checks, it is critical that Sisel’s files are current and accurate. Street addresses are required for shipping since package delivery service companies cannot deliver to Post Office Boxes. Distributors planning to move should send their new address and telephone numbers to Sisel’s corporate offices to the attention of the Customer Services Department prior to the move. To ensure proper delivery, two weeks advance notice must be provided to Sisel on all changes. If more than one change of address notice has been submitted to Sisel, the most recent one will supersede previous notices. Please allow thirty (30) days after the receipt of the notice by Sisel for processing. Sisel is not responsible for mislabeled or undeliverable mail if Distributor has not provided sufficient advanced notice. Similarly, it is critical for Distributors to keep their telephone number and email address current with Customer Service. Distributors that fail to keep their records current are responsible for any miscommunications resulting thereby and may be charged an administrative fee associated with correcting errors.
5.2 CONTINUING DEVELOPMENT OBLIGATIONS FOR DISTRIBUTORS AND SPONSORS
5.2.1 Ongoing Training Any Distributor who sponsors another Distributor into Sisel must perform bona fide assistance and training of such Distributors to ensure that the Distributors in his or her downline are properly operating their Sisel distributorship. Distributors must have ongoing contact and communication with the Distributors. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail and the accompaniment of downline Distributors to Sisel meetings, training sessions and other functions. Upline Distributors are also responsible to motivate and train new Distributors regarding Sisel’s products, effective sales techniques, Sisel’s Marketing/Compensation Program, compliance with Company Policies and Procedures and general distribution processes. Communication with and the training of downline Distributors must not, however, violate Section 4.2 regarding the development of Distributor-produced sales aids and promotional materials. Distributors must monitor the Distributors in their downline(s) to ensure that the downline Distributors do not create unauthorized product, curative or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Distributor should be able to provide documented evidence to Sisel of his or her ongoing fulfillment of the training and development responsibilities of a Sponsor.
5.2.2 Increased Training Responsibilities As Distributors progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge and understanding of the Sisel program. They may be called upon from time to time to share this knowledge with lessexperienced Distributors within their organization and possibly with the Company.
5.2.3 Ongoing Sales Responsibilities Regardless of their level of achievement, Distributors have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers on a monthly basis. Failure to properly service existing customers and downline Distributors may result in suspension or termination of distributorship, to be determined by Sisel in its sole discretion.
5.3 NON-DISPARAGEMENT While Sisel welcomes constructive input, negative comments and remarks made in the field by Distributors about the Company, its products or its compensation plan serve no purpose other than to sour the enthusiasm of other Sisel Distributors. For this reason, and to set the proper example for their downline, Distributors are not to disparage, demean or make negative remarks about Sisel, other Sisel Distributors, Sisel’s products, the Marketing/Compensation plan, or Sisel’s officers, or employees. If Distributors have legitimate concerns or comments, such input should be directed to Sisel’s corporate office and not to other Distributors.
5.4 PROVIDING DOCUMENTATION TO APPLICANTS Distributors must provide the most current version of the Policies and Procedures and the Marketing/Compensation Plan to individuals whom they are sponsoring before the applicant signs a Distributor Agreement. Copies of Policies and Procedures can be acquired from Sisel or Sisel’s website. In addition, Distributors may use only the forms provided by Sisel to sponsor new Distributors or to order products. Forms are available on the Sisel International website or may be obtained from the Sisel Customer Service Department.
5.5 REPORTING POLICY VIOLATIONS Distributors observing a Policy violation by another Distributor should submit a written report of the violation directly to the attention of the Sisel Compliance Department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report. All complaints are to be submitted in writing. False reports of policy violations can be construed as unethical conduct and may result in disciplinary action against the Distributor filing the false report.
5.6 CONFIDENTIAL INFORMATION Distributors may gain access to confidential information of Sisel, including information contained in any genealogical or downline report provided or accessible to a distributor, customer lists, manufacturer information, commission or sales reports, product formulas, and other financial and business information. All such information (whether in electronic, oral or written form) is proprietary to and owned by Sisel. Each distributor agrees to not disclose any such confidential or proprietary information to any third party, directly or indirectly, or use the information to compete with Sisel or for any other purpose except as expressly authorized. Such confidential information is to be used only for the promotion of the Sisel products and its programs in accordance with the Agreement. Upon cancellation, expiration, or termination of the Agreement by either party for any reason, Distributors must discontinue the use of such confidential information and destroy or promptly return to Sisel any confidential information in their possession. This provision shall survive the termination or expiration of the Distributor Agreement. Disclosure or misuse of any proprietary or confidential information may result in disciplinary action including termination, and Distributors may be personally liable for any misuse or disclosure of any such information.
6.0 SALES REQUIREMENTS AND LIMITS
6.1 NO EXCLUSIVE TERRITORIES; PRODUCT PRICE RESTRICTIONS Exclusive territories are not granted to anyone and no franchise fees are required. Distributors are not required to sell products at the Distributor price, but Distributors may not advertise, promote or market products below the Distributor prices or Preferred Customer prices set by Sisel.
6.2 SALES RECEIPTS Except for cases where orders are placed online, by mail or by telephone, all Distributors must provide their retail customers with TWO copies of a sales receipt at the time of the sale as well as orally inform the buyer of this right to cancel. These receipts are to set forth the Customer Satisfaction guarantee for Sisel products (if any), as well as any consumer protection rights afforded by applicable law. Distributors must maintain all retail sales receipts for a period of three years and furnish them to Sisel upon request. Records documenting the purchases of Distributors’ Preferred Customers will be maintained by Sisel. Distributors must ensure that the following information is contained on each sales receipt:
a) the date of the transaction;
b) the date by which the buyer may give notice of cancellation under applicable laws or regulations, i.e. within three (3) business days following the sale;
c) the product purchased, the quantity, the price and total amount of the sale and method of payment;
d) the name, address and telephone or email of the customer; and
e) name and address of the selling Distributor.
Remember that customers must receive TWO copies of the sales receipt so they can keep one and use the other with a return. In addition, Distributors are to orally inform the buyer of his or her cancellation rights. For sales placed over the Internet an electronic copy of a sales receipt should be provided to customers along with any applicable guarantee, return rights and consumer protection rights.
6.3 LEADERSHIP RANKS Sisel’s Marketing/Compensation plan ranks and recognitions are not guaranteed. Upon achieving a particular rank or recognition, it is not guaranteed that the Distributor will maintain the rank or recognition. Similarly, requirements for the rank advancements or recognitions may change over time in Sisel’s sole discretion. Sisel doesn’t grant unearned rank advancements, and Sisel does not grandfather rank advancements once achieved. Distributors shall not state or imply that that they have a unique relationship with or access to Sisel executives that other Distributors of equal rank do not have.
7.0 BONUSES AND COMMISSIONS
7.1 BONUS AND COMMISSION QUALIFICATIONS A Distributor must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as a Distributor complies with the terms of the Agreement, Sisel will pay commissions and bonuses to such Distributor in accordance with the Marketing/Compensation plan.
7.2 ADJUSTMENT TO BONUSES AND COMMISSIONS
7.2.1 ADJUSTMENTS FOR RETURNED PRODUCTS Distributors receive bonuses and commissions based on the actual sales of products to Retail Customers. When a product is returned to Sisel for a refund or is repurchased by the Company, any bonuses and commissions attributable to the returned or repurchased product(s) that has been paid to Distributors will be deducted from subsequent bonus and commission payments until the commissions paid are recovered. If a Distributor is terminating his or her Agreement, the Distributor remains responsible to repay the Company for any bonuses or commissions on products returned or refunded. Additionally, Distributor specifically authorizes the Company to deduct fees, charges or offsets from commissions payable Distributor, for any amounts owing Company which have not been paid within thirty (30) days of creation.
7.2.2 HANDLING CHARGES Depending upon the method selected for receiving Bonus and Commission payments, minimums, handling charges or other requirements may apply to certain transactions as outlined in the current Marketing/Compensation Plan.
7.3 UNCLAIMED CREDITS Preferred Customers or Distributors who have a credit on account (not commissions) must use their credit within six months from the date on which the credit was issued. If credits have not been used within six months, Sisel may attempt (but is not required) to notify the Distributor or Preferred Customer by sending written notice to the last known address advising the Distributor or Preferred Customer of the credit. As credits have no cash value, if a Distributor or Preferred Customer account is cancelled or terminated, the unused credits will automatically expire.
7.4 REPORTS All information provided by Sisel in online downline activity reports, including but not limited to personal and group sales volume (or any part thereof), and downline sponsoring activity, is believed to be accurate and reliable. Nevertheless, due to various factors including the inherent possibility of human and mechanical error; the accuracy, completeness and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check chargebacks; the information is not guaranteed by Sisel or any persons creating or transmitting the information.
All personal and group sales volume information is provided “As Is” without warranties, express or implied, or representations of any kind whatsoever. In particular, but without limitation, there shall be no warranties of merchantability, fitness for a particular use, or non-infringement.
To the fullest extent permissible under applicable law, Sisel and/or other persons creating or transmitting the information will in no event be liable to any distributor or anyone else for any direct, indirect, consequential, incidental, special or punitive damages that arise out of the use of or access to personal and group sales volume information (including but not limited to lost profits, bonuses, or commissions, loss of opportunity and damages that may result from inaccuracy, incompleteness, inconvenience, delay or loss of the use of the information), even if Sisel or other persons creating or transmitting the information shall have been advised of the possibility of such damages. To the fullest extent permitted by law, Sisel or other persons creating or transmitting the information shall have no responsibility or liability to Distributors, or anyone else, under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of the Agreement or any terms and conditions related thereto. Access to and use of Sisel’s online reporting services and your reliance upon such information is at your own risk. All such information is provided to you “As Is.” If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to Sisel’s online and telephone reporting services and your reliance upon the information.
8.0 PRODUCT GUARANTEES, RETURNS, ETC.
8.1 PRODUCT GUARANTEE Sisel offers a 30-day, money-back guarantee (less shipping and 10% restocking fee) to all Preferred Customers, Retail Customers and Distributors, for all products that are unexpired and in resalable condition. Commissions and bonuses paid out on the returned product will be deducted from the Distributor’s compensation and from the Uplines’ commissions, bonuses, rebates, refunds or other incentives. Certain limitations may apply to the 30-day money-back guarantee as outlined below.
8.1.1 RETURNS BY DISTRIBUTORS (PRODUCTS PURCHASED FOR PERSONAL CONSUMPTION) If a Sisel Distributor purchases product for personal use, the Company offers a 30-day, money-back guarantee (less shipping and 10% restocking fee) on resalable product. Because of the administrative costs of adjusting commissions and to avoid potential exploitation or manipulation of the Marketing/Compensation Plan, if a Distributor wishes to return merchandise exceeding a total of $350 in any 12-month period, the return will be deemed an inventory repurchase and the Company will repurchase the resalable inventory pursuant to the terms of Section 8.2, and the Distributor’s Agreement be canceled. Alternatively, if a Distributor has had limited prior return history and legitimate reason(s) for returns in excess of the $350, rather than terminating the Distributor Agreement, the Company may in its discretion allow the Distributor Agreement to continue but impose a 25% restocking fee on the returned product.
8.1.2 RETURNS BY DISTRIBUTORS (PRODUCTS RETURNED BY PERSONAL RETAIL CUSTOMERS) If a Retail Customer returns a product to the Distributor from whom it was purchased, the Distributor may return it to the Company for an exchange or refund less shipping and 10% restocking fee, provided it is in resalable condition. All products returned by Retail Customers must be returned to the Company within 30 days from the date of the order along with the sales receipt that the Distributor gave to the Retail Customer at the time of purchase signed by the Retail Customer requesting the return.
8.2 RETURN OF INVENTORY AND SALES AIDS BY CANCELLING DISTRIBUTORS Upon cancellation or termination of a Distributor’s Agreement, for thirty (30) days thereafter, a Distributor may return inventory and sales aids for a refund according to the 70% Rule (stated below) if he or she is unable to sell or use the merchandise. A Distributor may only return products and sales aids purchased by him or her that are in resalable condition, that is currently offered, and for product that is more than six months from its expiration date. Upon receipt of the qualifying products and sales aids, the Distributor will be reimbursed 100% of the net cost of the original purchase price(s), less shipping, a 10% restocking fee and less any commissions/bonuses paid. If the purchases were made through a credit card, the refund will be credited back to the same account. The Company shall deduct from the reimbursement paid to the Distributor any commissions, bonuses, rebates or other incentives received by the Distributor that were associated with the merchandise that is returned or any other outstanding balance owed the Company. The 70% Rule referenced above, and as referenced in Section 4.13, requires Distributors to certify that they have sold, used or consumed at least 70% of all Sisel products before ordering more product. Correspondingly, as a result of the 70% Rule, Distributors who cancel their Distributor Agreement can return resalable inventory for a 100% refund of the last order placed by the Distributor on his or her account, less shipping, the restock fee, and commissions/bonuses, plus up to 30% of the immediately preceding order on Distributor’s account. As Distributors are required to certify that at least 70% of the previously ordered products have been sold, used or consumed, no returns other than the last order and 30% of the immediately preceding order will be authorized for return and a refund based upon Distributor’s affirmative representation that such product had already been sold, use or consumed. (US Only) Georgia, Idaho, Louisiana, Maryland, Massachusetts, Montana, Oklahoma, Tennessee, Texas and Wyoming Residents. Notwithstanding the language of Section 8.2, for a period of twelve (12) months from the date a Distributor terminates his or her Distributor account, Sisel will repurchase all current, unencumbered products, sales aids, literature, and promotional items which are in a resalable condition and not less than six months from its expiration date, at a price not less than 90 percent of the original net purchase price of the item(s) returned. Distributors will be responsible for the shipping costs of all returned items.
8.3 PROCEDURES FOR ALL PRODUCT RETURNS The following procedures apply to all returns for refund, repurchase or exchange: a) All merchandise must be returned by the Distributor, Preferred Customer or Retail Customer who purchased it directly from Sisel; b) all products to be returned must have a Return Merchandize Authorization number which is obtained by calling the Customer Service Department and the Return Merchandize Authorization number must be written on each carton returned in a way so as to allow the product to still be resalable; c) the return is accompanied by: i) a completed and signed Return Form; ii) a copy of the original dated retail sales receipt; and iii) the product in its original container; d) product is properly packaged and shipping is paid for by the Distributor. Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement. Distributors are responsible for all product lost or damaged during shipping. All returns must be shipped to Sisel shipping pre-paid and Sisel does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Distributor. If returned product is not received by the Company, it is the responsibility of the Distributor to trace the shipment. If a Distributor is returning merchandise to Sisel that was returned to him or her by a Retail Customer, the product must be received by Sisel in resalable condition within ten (10) days from the date on which the Retail Customer returned the merchandise to the Distributor. The customer-returned items must also be accompanied by the sales receipt the Distributor gave to the Retail Customer at the time of the sale.
8.4 DAMAGED PRODUCT RETURN POLICY Product should not be used if tamper-evident seal is broken or tampered with in any way, or if upon inspection or use it appears compromised. Product that is damaged in shipment should be refused at the time of delivery. If a Distributor is unable to return damaged product to the shipping Company, the Distributor should notify Sisel International Customer Service immediately (within 10 days) and request a Return Merchandize Authorization number. For product that is shipped incorrectly due to Company error, please notify Sisel Customer Service immediately (within 10 days) and ask for a Return Merchandize Authorization number and Sisel International, whenever possible, will replace or exchange damaged or mis-shipped product with new product. When an exchange is not feasible, Sisel will refund the amount of the returned product less shipping and 10% restocking fee unless the return is due to incorrect shipping or other error by Sisel. No refund or replacement of product will be made if each of these conditions are not met.
9.0 DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 DISCIPLINARY SANCTIONS Violation of the Agreement, these Policies and Procedures, or any form of illegal, fraudulent, deceptive or unethical conduct by a Distributor may result, at Sisel’s discretion, in one or more of the following corrective measures:
a) issuance of a written warning or admonition;
b) requiring the Distributor to take immediate corrective measures;
c) imposition of a fine, which may be withheld from bonus and commission checks;
d) loss of rights to one or more bonus and commission checks (unless prohibited by law);
e) withholding from a Distributor all or part of the Distributor’s bonuses and commissions during the period that Sisel is investigating any conduct alleging violations of the Agreement. If a Distributor’s business is canceled for disciplinary reasons, the Distributor will not be entitled to recover any commissions withheld during the investigation period (unless prohibited by law);
f) temporary hold or suspension of the individual’s Distributor Agreement for one or more commission periods;
g) involuntary termination of the Distributor’s Agreement;
h) Any other measure expressly allowed within any provision of the Agreement or which Sisel deems practicable to implement and appropriate to equitably resolve injuries caused by the Distributor’s policy violation or contractual breach. In situations deemed appropriate by Sisel, the Company may institute legal proceedings for monetary and/or equitable relief, regulatory compliance or for remedial purposes. This Agreement is intended to protect Distributors and the Company. Distributors who intentionally circumvent this Agreement to accomplish indirectly that which they could not do directly, will be subject to the same discipline as if the policy had been directly violated. These policies and procedures are not intended to give, and do not give, Distributors the right to enforce the policies against another Distributor directly.
9.2 GRIEVANCES AND COMPLAINTS When a Distributor has a grievance or complaint with another Distributor regarding any practice or conduct in relationship to their respective Sisel distributorship, the complaining Distributor 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 is to be reported in writing to the Compliance Department of the Company. The Compliance Department will review the facts and attempt to resolve the grievance or complaint. If it is not resolved, it will be referred to the Dispute Resolution Board (defined below) for final review and determination.
9.3 DISPUTE RESOLUTION BOARD The purpose of the Dispute Resolution Board (“DRB”) is to: (1) review appeals of disciplinary sanctions; and (2) review unresolved complaints, grievances and other matters between Sisel Distributors. After a response or settlement proposed by the Compliance Department has been denied or otherwise remains unresolved, the DRB reviews evidence, deliberates, and responds to current outstanding issues on a collective basis. A Distributor may submit a written request for a telephonic or in-person hearing within seven (7) business days from the date of: (1) the written notice by Sisel of disciplinary action; or (2) the written decision of the Compliance Department regarding disputes between Distributors. All communication with Sisel and the Distributor seeking resolution of a dispute must be in writing. It is within the DRB’s discretion whether a claim is accepted into the dispute for review. If the DRB agrees to review the matter, it shall schedule a hearing within 30 days of receipt of the Distributor’s written request. All evidence (e.g., documents, exhibits, etc.) that a Distributor desires to have considered by the DRB must be submitted to Sisel no later than seven (7) business days before the date of the hearing. The Distributor shall bear all of the expenses related to his or her attendance and submission of evidence along with the attendance of any witnesses he or she desires to be present at the hearing. The decision of the DRB will be final and subject to no further review. During the pendency of the claim before the DRB, the Distributor waives his or her right to pursue arbitration or any other remedy. Following issuance of a sanction, the disciplined Distributor may appeal the sanction to the DRB. Distributor’s appeal must be in writing and received by the Company within 15 days from the date of Sisel’s suspension notice. If the appeal is not received by Sisel within the 15-day period, the sanction will be final. The Distributor must submit all supporting documentation with his or her appeal correspondence. If the Distributor files a timely appeal of cancellation, the DRB will review and reconsider the cancellation, consider any other appropriate action, and notify the Distributor in writing of its decision.
9.4 ARBITRATION Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All matters relating to this Agreement shall be conducted in the English language. Distributors waive all rights to trial by jury or to any court or judicial action, and any claim can only be brought on an individual basis with no right or authority for any dispute, claim, question or disagreement to be arbitrated or adjudicated as a class action, or any kind of representative action. Claims arising in the United States under Sisel International, LLC, shall be held in Provo, Utah and Distributors specifically agree to not dispute the venue. All arbitration arising under Sisel International AG shall be held in Zurich, Switzerland and Distributors specifically agree to not dispute the venue. All parties shall be entitled to all discovery rights pursuant to the Commercial Arbitration Rules of the American Arbitration Association if in Utah or International Chamber of Commerce Arbitration Rules if in Zurich, respectively. 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, as approved by both parties. The prevailing party shall not be entitled to receive from the losing party, costs and expenses of arbitration, including legal and filing fees, and each party agree to bear their own fees and costs. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement. Nothing in these Policies and Procedures shall prevent Sisel 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 Sisel’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. Similarly, as an exception to the arbitration requirement, Sisel may bring any claim or action against a Distributor for copyright, trademark or other intellectual property right violation in an appropriate court situated in Utah, with the governing law, venue and jurisdiction being the State of Utah.
9.5 GOVERNING LAW, JURISDICTION AND VENUE Jurisdiction and venue of any matter not subject to arbitration shall reside in federal court in Salt Lake County, or any state court in Utah County, State of Utah, unless the laws of the state or country in which a Distributor resides expressly require the application of its laws. The parties agree that the Agreement is deemed to have been entered into in Utah County, Utah, and the laws of the State of Utah of the United States shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which a Distributor resides expressly require the application of its laws. (US Only) Notwithstanding the foregoing, residents of Louisiana may bring an action in arbitration on an individual basis against Sisel with the jurisdiction and venue as provided by Louisiana law.
9.6 TIME LIMITATION ON CLAIMS Sisel will not review any alleged violation of the terms and conditions of the Agreement not brought to its attention within one year from the date of the alleged violation. Failure to report a violation within the one-year period will result in Sisel not pursuing the allegations to prevent stale claims from disrupting the ongoing business activities of Distributorships. All reports of violations must be in writing and sent to the attention of Sisel’s Compliance Department. Similarly, Distributors agree that, notwithstanding any statute of limitation to the contrary, any claim or action a Distributor may wish to bring against Sisel or any of its affiliates for any act or omission relating to the Agreement must be commenced within one (1) year from the date of the alleged act or omission giving rise to the claim or cause of action. Failure to bring such action within the permitted one-year time, whether known or unknown, shall act as a bar against all claims against Sisel for such act or omission. Distributors waive any and all claims or rights to have any other statute of limitation apply.
10 ORDERING AND SHIPPING
10.1 PREFERRED CUSTOMERS Distributors are encouraged to promote Sisel’s Preferred Customer Program to Retail Customers. Customers can simply call Sisel’s Customer Service number or go online to the Sisel website or the replicated website of their Sisel Distributor to place their orders. Sisel will send the ordered products directly to the customer. To ensure that Distributors receive the appropriate sales volume, Retail Customers need to place orders using Distributor’s ID Number. In addition, a Preferred Customer may sign up to have a pre-selected package of Sisel products delivered to his or her home automatically each month (the Automatic Purchase Program).
10.2 PURCHASING SISEL PRODUCTS Each Distributor should purchase his or her products directly from Sisel. If a Distributor purchases products from another Distributor or any other source, the purchasing Distributor will not receive the personal sales volume that is associated with that purchase. Violation of this provision may result in discipline as outlined in Section 9.
10.3 GENERAL ORDER POLICIES On mail orders with invalid or incorrect payment, Sisel will attempt to contact the Distributor by phone, and/or mail or email to try to obtain another payment. If these attempts are unsuccessful after five (5) business days, the order will be returned unprocessed. No C.O.D. orders will be accepted. Sisel maintains no minimum order requirements. Orders for products and sales aids may be combined.
10.4 SHIPPING AND BACK-ORDER POLICY Sisel will normally ship products within seven (7) days from the date on which it receives an order. Sisel will expeditiously ship any part of an order currently in stock. Once product has been shipped, if the shipment is rejected the Preferred Customer or Distributor will be charged the entire shipping charge, including the return shipping charge. A rejected shipment is still subject to a restock fee identified in Section 8. In the event an order has a known error, rather than just rejecting the shipment, Preferred Customers and Distributors should accept the shipment and contact Customer Service to obtain a return shipping label or to otherwise coordinate the return or exchange. If, an ordered item is out-of-stock, it will be placed on back order and sent to the Distributor when Sisel receives additional inventory. Distributors will be charged and given Personal Sales Volume on back ordered items unless notified on the invoice that the product has been discontinued. Sisel will notify Distributors and Preferred Customers if items are on back-order and are not expected to ship within thirty (30) days from the date of the order. An estimated shipping date will also be provided. Back ordered items may be canceled upon a Preferred Customer’s or Distributor’s request. Preferred Customers and Distributors may request a refund, credit on account, or replacement merchandise for canceled back orders. If a refund is requested, the Distributor’s Personal Sales Volume will be decreased by the amount of the refund in the month in which the refund is issued.
10.5 CONFIRMATION OF ORDER A Distributor 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 Sisel of any shipping discrepancy or damage within ten (10) days of shipment will cancel a Distributor’s right to request a correction.
11.1 DEPOSITS No monies should be paid to or accepted by a Distributor for a sale to a Retail Customer except at the time of product delivery. Distributors should not accept monies from Retail Customers to be held for deposit in anticipation of future deliveries.
11.2 INSUFFICIENT FUNDS It is the responsibility of each Distributor participating in the Automatic Purchase Program to ensure that there are sufficient funds or credit available in his or her account to cover the monthly Automatic Purchase order. Sisel will not contact Distributors about Automatic Purchase orders canceled due to insufficient funds or lack of credit. This may result in a Distributor’s failure to meet his or her Personal Sales Volume goals for the month.
11.3 RETURNED CHECKS AND CHARGEBACKS All checks returned by a Distributor’s bank for insufficient funds will be re-submitted for payment. A $25.00 USD returned check fee will be charged to the account of the Distributor. After receiving a returned check from a customer or a Distributor, all future orders must be paid by Credit Card. Any outstanding balance owed to Sisel by a Distributor for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks. Under no circumstance will any Distributor chargeback any credit card purchase. Distributors are required to return applicable products under the Company’s product return policies rather than doing a credit card chargeback. Distributors assume responsibility for paying the Company any expenses of a Preferred or Retail Customer product return or credit card chargeback. If a Distributor initiates as chargeback rather than follow Sisel’s return policy, he or she may be subject to discipline as outlined in Section 9.
11.4 RESTRICTIONS ON THIRD PARTY USE OF CREDIT CARDS AND CHECKING ACCOUNT ACCESS Distributors are not to permit other Distributors or customers to use his or her credit card, or permit debits to their checking accounts, or eWallet credits for enrolling or to making purchases from the Company. Distributors shall not place a product order using someone else’s credit card without the credit card owner’s prior written permission. In those limited circumstances where it may be necessary to purchase product for another Distributor, Sisel must receive written permission from the Distributor for whom the product order is being placed. Failure to produce such written permission upon request of the Company may result in cancellation of the sale, forfeiture of commissions resulting from the sale, and other disciplinary action.
11.5 SALES TAXES In designing the Sisel opportunity, one of our guiding philosophies has been to free Distributors from many administrative, operational, and logistical tasks. In doing so, Distributors are free to concentrate on those activities that directly affect their incomes. To these ends, Sisel relieves Distributors of the burdens of collecting and remitting sales taxes, filing sales tax reports, and keeping records relative to sales taxes. By its business operations, Sisel is required to charge sales taxes on all purchases made by Distributors and Preferred Customers, and remit the taxes charged to the respective governing authority. Accordingly, Sisel will collect and remit sales taxes on behalf of Distributors based on the retail price of the products according to applicable tax rates in the country, state, region or province to which the shipment is destined. If a Distributor has submitted and Sisel has accepted a current Sales Tax Exemption Certificate and Sales Tax Registration License or similar country-specific documentation, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be those of the Distributor. Exemption from the payment of sales tax is applicable only to orders which are shipped to a state, region or province for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another location. Any sales tax exemption accepted by Sisel is not retroactive. Please note that the taxability of products and sales tax rates may differ by country, state, region and province. Additionally, an increasing number of local taxes (county and city) are being initiated in various jurisdictions. This could result in a disparity in what Sisel charges a Distributor and what the Distributor in turn can charge a retail customer depending upon where the sale occurs. The difference should be brought to the attention of Sisel Customer Service Department for possible adjustment. Distributors must provide the date of sale, state, province, county, city and rate of tax where sold, total retail sales and the amount of the additional tax due, or credit due. It is the responsibility of each Distributor to know what products are taxable and at what rate. If you have questions regarding taxability and rates, contact the appropriate governmental agency for assistance. This paragraph applies to sales taxes only and does not apply to a Distributor’s income taxation.
12 INACTIVITY AND CANCELLATION
12.1 EFFECT OF CANCELLATION So long as a Distributor remains active and complies with the terms of the Distributor Agreement and these Policies and Procedures, Sisel shall pay commissions to such Distributor in accordance with the Marketing/Compensation Plan. A Distributor’s bonuses and commissions constitute the entire consideration for the Distributor’s efforts in generating sales and all activities related to generating sales (including building a downline organization). Following a Distributor’s non-renewal of his or her Distributor Agreement, cancellation for inactivity, or voluntary or involuntary termination of his or her Distributor Agreement (all of these methods are collectively referred to as "cancelled" or “cancellation”), the Distributor shall have no right, title, claim or interest to the marketing organization which he or she operated, or any future commission or bonuses from the sales generated by the organization. A Distributor whose business is cancelled will permanently lose all rights as a Distributor. This includes the right to sell Sisel products and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities. In the event of cancellation, a Distributor agrees to, and does hereby waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization. Following a Distributor’s cancellation of his or her Distributor Agreement, the former Distributor shall not represent that he or she is a Sisel Distributor and shall not have the right to sell Sisel products. A Distributor whose Distributor Agreement is canceled is eligible to receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts to be withheld such as during an investigation preceding an involuntary cancellation).
12.2 CANCELLATION DUE TO INACTIVITY It is the Distributor’s responsibility to lead his or her marketing organization with the proper example in personal production of sales to Retail Customers. Without this proper example and leadership, the Distributor will lose his or her right to receive commissions from sales generated through his or her marketing organization. If a Distributor does not have at least one own volume (OV) order within a consecutive six-month period, the account shall be deemed inactive. If a Distributor does not have at least one OV order within a consecutive twelve-month period the account shall be cancelled due to inactivity. A Distributor who allows his or her account to become inactive must remain inactive for six (6) full calendar months from the inactivity date before he or she can apply for a new Distributorship. Mere inactivity is not the same as cancellation for re-application purposes under Section 4.5.4.
12.3 INVOLUNTARY CANCELLATION A Distributor’s violation of any of the terms of the Agreement, including any amendments that may be made by Sisel, may result in any of the sanctions listed in Section 9.1, including the involuntary termination or cancellation of his or her Distributor Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed or delivered to an express courier, to the Distributor’s last known address (or fax number), or to his or her attorney, or when the Distributor receives actual notice of cancellation, whichever occurs first. Distributors may also be involuntarily terminated for filing a petition in bankruptcy, committing any act of dishonesty, being convicted of a felony or other criminal misconduct relevant to the Agreement, or failing or refusing to perform any obligation created by the Agreement.
12.4 VOLUNTARY CANCELLATION A Distributor or Preferred Customer has a right to cancel their relationship with Sisel at any time, regardless of reason. Cancellation can be made by calling customer Service, by email or in writing to the Company at its principal business address. The notice must include the Distributor’s name, signature (if applicable), address, and Distributor I.D. Number. Please allow ten (10) business days from the date of receipt until the Distributorship is cancelled. Commissions and Bonuses will be calculated as outlined in Section 12.1 above. Cancellation does not waive any obligations arising prior to cancellation. A Distributor who voluntarily cancels must remain inactive for six (6) full calendar months before he or she can reapply for a new Distributorship.
12.5 NON-RENEWAL A Distributor may choose not to renew his or her Agreement on its anniversary date. Unless the account is requested to be cancelled, the non-renewed account will remain inactive and will not be cancelled until after twelve consecutive months with no OV order. The Company may also elect not to renew a Distributor’s Agreement upon a Distributor’s anniversary date and cancel the account. In cases where Distributors elect to not renew their Distributor Account, they must wait six (6) months from the non-renewal date before they are eligible to re-apply.
Active Distributor – A Distributor who satisfies the minimum Personal Sales Volume requirements, as set forth in Sisel’s Marketing/Compensation Plan, to ensure that he or she is eligible to receive commissions.
Agreement – The contract between the Company and each Distributor includes the Distributor Application and Agreement, the Sisel Policies and Procedures, Sisel’s Marketing/Compensation Plan, and the Statement of Beneficial Interest Form (where applicable), all in their current form and as amended by Sisel in its sole discretion. These documents are collectively referred to as the “Agreement.”
Beneficial Interest – the term “Beneficial Interest” is defined as: (1) a direct or indirect ownership in another Distributorship or Preferred Customer account; (2) actual, apparent, or de facto authority or control over another Distributorship or account; or (3) the right to receive any income directly or indirectly from another Distributorship account either now or in the future, other than as specifically authorized by the current Marketing/Compensation Plan.
Company – The term “Company” as it is used throughout the Agreement means Sisel International, LLC., Sisel International AG, and their affiliates.
Downline – See: “Marketing Organization” below.
End Consumer – A person who purchases Sisel products – a Retail Customer.
Immediate household – Heads of household, spouses and dependent family members residing in the same house.
Level – The layers or levels of downline Preferred Customers and Distributors in a Distributor’s Marketing Organization. This term refers to the relationship of a Distributor relative to a particular up-line Distributor, determined by the number of Distributors between them who are related by sponsorship. For example, if A sponsors B, who sponsors C, who sponsors D, who sponsors E, then E is on A’s fourth level.
Marketing Organization – The Preferred Customers and Distributors sponsored below a Distributor of any rank, often known as Downline Distributors.
Notice - Unless otherwise provided in the Agreement, any notice or other communications requested or permitted to be given under the Agreement shall be in writing and shall be delivered personally, transmitted by facsimile, email or sent by first class, certified (or registered) or express mail. Notices shall be deemed given when delivered personally or by email, or if transmitted by facsimile, one day after the date of that facsimile, or if mailed, five days after the date of mailing. As it is a Distributor’s obligation to keep his or her contact information current, notice will be deemed given when sent to the mailing address, email, facsimile number or contact information of the Distributor on file.
Official Sisel Material – Literature, audio or video tapes, and other materials developed, printed, published and distributed by Sisel to Distributors.
Own Volume (OV) – Volume of products purchased in a calendar month by a Distributor on their own Distributor account.
Personal Sales Volume (PV) – The commissionable volume of products sold in a calendar month: (1) by the Company to a Distributor; and (2) by the Company to the Distributor’s personally enrolled Preferred Customers.
Preferred Customer – A customer who has executed a Sisel Preferred Customer Agreement, (See Section 10.1 above), and who uses the products for personal consumption but does not develop a downline distributor organization and is not eligible to receive commissions.
Rank – The “title” that a Distributor has achieved pursuant to Sisel’s Marketing/Compensation Plan. Rank advancements generally take effect on the 1st day of the month following their qualification. There are two primary ranks within Sisel’s Marketing/Compensation Plan, Distributor and Executive. Details on each rank and their associated qualifications are found in Sisel’s Marketing/Compensation Plan brochure and literature.
Recruit – For purposes of Sisel’s Conflict of Interest Policy (Section 4.9), the term “recruit” means actual or attempted solicitation, enrollment, encouragement or effort to influence in any way, either directly or through a third party, another Sisel Distributor or Preferred Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes recruiting even if the Distributor’s actions are in response to an inquiry made by another Distributor or Preferred Customer.
Resalable – Products and sales aids shall be deemed “resalable” if each of the following elements are satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) the product and packaging are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) the product expiration date is not less than six months away; and 5) the product contains current Sisel labeling. Any merchandise that is clearly identified at the time of sale as non-returnable, discontinued or as a seasonal item, shall not be resalable.
Retail Customer – An individual who purchases Sisel products from a Distributor for the purpose of personally consuming the products rather than offering them for resale – an end consumer.
Roll-Up – The method by which a vacancy in a Marketing Organization left by a Distributor whose Distributor Agreement has been cancelled is filled.
Sisel Distributor Kit – A selection of Sisel training materials and distributorship support literature that each new Distributor obtains for free upon enrolling
Sponsor – A Distributor who enrolls a Preferred Customer or another Distributor into the Company and is listed as the Sponsor on the Distributor Application and Agreement. The act of enrolling others and training them to become Distributors is called “sponsoring.”
Upline – This term refers to the Distributor or Distributors above a particular Distributor in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular Distributor to the Company.
© 2007, 2010, 2015-2022 Sisel International, LLC., & Sisel International AG, all rights reserved. REVISED 1 November 2022
Sisel International Terms and Conditions
1. I understand that as a Sisel International, LLC (hereafter “Sisel”) Distributor: (a) I have the right to offer for sale Sisel products and services in accordance with these Terms and Conditions and Sisel’s Policies and Procedures; (b) I have the right to enroll others as Distributors or Preferred Customers in Sisel; (c) I will train and motivate the Distributors that I enroll in my marketing organization; (d) I will comply with all national and local laws, ordinances, rules and regulations, and licensing requirements, and will file all reports and remit all withholdings or other deductions as may be required; and (e) I will perform my obligations as a Distributor with honesty and integrity.
2. I agree that when presenting Sisel’s Compensation Program and its products and services, I will do so as set forth in Sisel’s official literature. I will not make any claim that Sisel’s products will diagnose, treat, cure or prevent any disease, or make any claim about a product that could be construed as a drug or health claim.
3. I agree that as a Sisel Distributor or Preferred Customer (“Distributor/PC”) I am an independent contractor. I affirm that I am not an employee, agent, partner, legal representative, or franchisee of Sisel, and I will not be granted any exclusive territory. If I do not name a sponsor during enrollment, I authorize Sisel to provide my name and contact information to another Sisel Independent Distributor who will be designated as my sponsor. I am not authorized to, and will not incur any debt, expense, or obligation, on behalf of or in the name of Sisel. I agree that I will be solely responsible for paying all expenses I incur, including but not limited to, travel, food, lodging, office, staff, and other costs and expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF SISEL FOR FEDERAL OR STATE TAX OR EMPLOYMENT PURPOSES. Sisel is not responsible for any form of withholdings, and shall not withhold or deduct from my commissions, bonuses or any form of compensation, if any, FICA, or taxes of any kind, or provide any legal or tax advice. I agree I can set my own hours and supply all of my own equipment and tools and will determine my own methods of sale of products so long as it is consistent with the products and policies of Sisel.
4. I affirm that I have carefully read and agree to comply with Sisel’s Policies and Procedures, Sisel’s Compensation Program (both of which are incorporated into these Terms and Conditions), and these Terms and Conditions, which three documents are referred to herein as the Agreement (“Agreement”). I understand as a Distributor that I must be in good standing with Sisel to be eligible for commissions or other compensation or incentives. I understand that the Agreement as defined above may be amended at any time in Sisel’s sole discretion. Changes and amendments shall be effective 30 days after publication, including on Sisel’s website. The continuation of my Sisel Distributor/ PC account, acceptance of commissions, compensation or other benefit under the Agreement after an amendment shall constitute my affirmative acceptance of such changes or amendments.
5. The term of this Agreement is one year. Accounts can be set to auto-renew each year. If I fail to annually renew my Sisel Distributor account, or if it is canceled or terminated for any reason, I understand that I will lose all rights as a Distributor. If my Distributor account is not active, I will not be eligible to sell Sisel products or to receive commissions, bonuses or other compensation. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including property rights and income rights, to my former downline organization and to any bonuses, commissions or other form of remuneration derived through the sales and other activities of my former sales organization. Sisel reserves the right to terminate all Distributor/PC accounts 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.
6. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of Sisel in each instance. Any attempt to transfer or assign my Distributor Account without the express written consent of Sisel renders the assignment voidable at the option of Sisel and may result in termination of my Distributor/PC account.
7. I understand that if I fail to comply with the terms of the Agreement, Sisel may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures, up to and including terminating my account. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further commissions or other compensation.
8. Sisel, its directors, officers, shareholders, employees, assigns and agents (collectively referred to as “Affiliates”), shall not be liable for, and I release Sisel and its Affiliates from, any and all claims or causes of action, including for consequential and exemplary damages. I further agree to release Sisel and its Affiliates from any and all liability arising from or relating to the promotion or operation of my Sisel distributorship or business, and any activities related to it (e.g., the presentation of Sisel products or Sisel’s Compensation Program, the operation of a motor vehicle, the lease of meeting or training facilities, purchase of product, materials, advertising, etc.), and agree to indemnify and hold Sisel harmless from any liability, damages, fines, penalties or other claims, and awards arising from any unauthorized conduct that I undertake in operating my distributorship or business. Sisel is also not liable for any damages or losses caused by the delay or inability to manufacture, sell, or deliver product(s) due to strikes, accidents, fire, flood, acts of civil authority, acts of God, or third-parties, or from any other causes that are beyond its control.
9. The Agreement, in its current form and as amended by Sisel at its discretion, constitutes the entire agreement and understanding between Sisel and myself. Any promises, representations, or other communications not expressly set forth in the Agreement are of no force or effect regardless of the individual making such. Only a written agreement signed by both parties may modify the Agreement. Sisel may have the Agreement or portions thereof translated into different languages, however, the Agreement and the relationship between the parties shall be deemed to be conducted in the English language, and the English version of all documents control any discrepancies or inconsistencies that may exist between them.
10. Any waiver by Sisel of any breach of the Agreement must be in writing and signed by an authorized officer of Sisel. Waiver by Sisel of any breach of the Agreement shall not operate or be construed as a waiver of any subsequent breach.
11. 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 while maintaining the intent and purposes if possible, and the balance of the Agreement will remain in full force and effect.
12. 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. All disputes and claims relating to Sisel’s Compensation Program, these Terms and Conditions, Sisel’s Policies and Procedures, its products and services, the rights and obligations of a Distributor/PC, or any other claims or causes of action relating thereto, shall be settled totally and finally by binding arbitration in Provo, Utah, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Claims or disputes arising under Sisel International AG shall be held in Zurich, Switzerland applying the International Chamber of Commerce Arbitration Rules. 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. The prevailing party shall be entitled to costs and attorney’s fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Sisel may apply for a writ of attachment, an injunction or other equitable relief to protect its interest before or after arbitration. Distributors/PCs agree to waive all rights to trial by jury or to any court, and any claim or dispute can only be brought on an individual basis with no right for any claim or dispute to be arbitrated or adjudicated as a class or representative action. The parties irrevocably agree to be bound by the jurisdiction and venue in the State of Utah. Nevertheless, Louisiana residents may bring an action against Sisel with a jurisdiction and venue as provided by Louisiana law.
13. If a Distributor/PC wishes to bring an action against Sisel, any such action must be brought within one year from the date of the alleged conduct or omission giving rise to the action. Failure to bring an action within such time shall be barred as untimely and Sisel and Distributor/PC affirmatively waive all claims that any longer time limitation applies.
14. I authorize Sisel to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for compensation or remuneration for such use. I may withdraw this consent by written notification to Sisel.
15. My signature certifies that I am legally able to enter into this Agreement, that I have reviewed and understand Sisel’s Terms and Conditions, Policies and Procedures, and agree to be bound thereby. A faxed, image or electronically signed copy of the Agreement, shall be deemed as an original in all respects.
Sisel International is a supplier of nutritional, cosmetic and personal care products (“company’). This page is used to inform visitors regarding our policies with the collection, use, and disclosure of personal information, which includes personally identifiable information and non-personally identifiable information (collectively “Personal Information”) if anyone accesses our webpage (“Site”) and/or decides to use our Service.
If you choose to visit our Site or use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Services we offer. We will not use or share your information with anyone except as described in this policy. By visiting our Site or using the Services, you agree to be bound by all of the terms, conditions and notices contained or referenced in this policy, and consent to having your data transferred to and/or processed in the United States. By choosing to access our Site or use our Services, by your actions you are voluntarily expressing consent to allow use to collect, use, retain, disclose and transfer your Personal Information. If you do not agree to all the terms and conditions of this policy, please exit the Site and do not apply for or use any Services.
If you are an individual or entity located in the European Union, you may have different or additional rights as listed in the latter part of this policy under “Users from Outside the United States”.
If you are an individual or entity located in California or Nevada, you may have different or additional rights as listed in the latter part of this policy under “California Consumer Privacy Statement” or “Notice for Nevada Residents”.
Unless otherwise defined in this policy, the terms used in this policy have the same meanings as in our Terms and Conditions, which are accessible at https://sisel.net/
Information Collection and Use
When you visit our site, some information, such as your browser and IP address are automatically collected when you visit the Site. This information does not reveal anything specific about you but may include:
- IP address,
- browser and device characteristics,
- data volume transferred,
- operating system,
- language preferences,
- referring URLs,
- device name,
- date and time information, and
- other technical information
This information is stored in our system log files. We keep log files to monitor functionality and optimization. In the event of suspected fraudulent activity, these logs may be used to verify the activities of an anonymous user, but we do not search log files for marketing purposes. When the data is no longer useful for Site functionality and optimization, the data is overwritten or deleted. The analysis of this data is in the legitimate interests of the company.
You also may view or engage with our Site and our Services through third-party social networking sites, social media plug-ins or other applications. When you engage with the Site either directly or indirectly such as through third-party sites, plug-ins, or applications, we may have access to certain information including information you have posted on social media such as your social media profile, your name, photo, gender, birthday, location, videos, your list of friends, etc. Further, in the event you use our Service and experience an error or need other technical or customer service support, we may request other Personal Information or non-personal information from you, or collect other data and information (directly or through third party products) regarding your use of our Services.
When you utilize company Services or place an order though its Service system, in order to establish a distributor or preferred customer account we may require you to provide us with certain personally identifiable information, including:
- first name,
- last name,
- phone number,
- email address,
- billing address,
- transactional or payment information,
- login information, and
- tax identification, if applicable
If you use company Services or interact with the company as a distributor or preferred customer, for calculation and traceability purpose you will have access to distributor information or the company’s back office, and the company will collect additional Personal Information such as:
- start/end date,
- purchase history, including products ordered, order dates, sums paid, invoice and payment information and shipping or delivery information,
- customer notes,
- communications with the company,
- distribution information such as upstream and downstream organization,
- event participation, and
- other information you voluntarily provide
We process this data as it is necessary for the formation and structuring of the relationship between you and the company and to pay for and receive product. The company may use this information to provide product and services, process payments, calculate earnings, discounts, commissions, recognitions, provide marketing materials and communicate programs, promotions, products and other offerings. Personal Information may also be used to identify, detect, prevent and mitigate fraud and other illegal activity, lawsuits or liability. We also use Personal Information to ensure compliance with policies, procedures, agreements, and applicable laws.
When you communicate with the company either to enroll, order product, address customer services issues or otherwise, we will collect Personal Information including email address, IP address, date, communication content, telephone number, account ID. We collect and use this information to address the business purpose of the communication.
Whether accessing our Site or providing information to obtain Services, the information that we request or we capture is the Personal Information used by the company, and it will be retained by us and used as described in this policy. You can always refuse to provide personally identifiable information to us, but doing so may result in decreased functionality of our Site or prevent you from obtaining services from us or third-parties that may be of interest to you.
The Site may also use and locally stored objects, also called “Flash cookies,” when it uses Adobe® Flash® Player (“Flash”) to provide special content such as video streaming, video on demand, video clips or animation. Flash, and similar applications, use Flash cookies to remember visitors website settings, preferences and usages. Flash cookies are managed directly through Adobe’s website, rather than through your web browser. The Site may also use other data tracking analytics such as Google Analytics or Tableau Software. Note that these external sites are not operated by us, therefore, we strongly advise you to review the policy of these websites.
How Information is Used
We may use information we collect to do the following, among other things:
- Create and manage your account;
- Provide the products and services you request;
- Communicate about and enroll you in contests, programs or other offers you agree to;
- Send promotional materials, newsletters, and information about products and services;
- Tell you about other products and services that may be of interest to you;
- Process payment for purchases you have made;
- Identify possible fraudulent transactions;
- Analyze, operate, manage and improve the use of the Site or company app;
- Allow you to offer a replicated website;
- Manage the Site and Services;
- Communicate about your account and your transactions;
- Communicate changes, rules, compliance issues and other administrative issues;
- Enforce the terms of this policy
In the unlikely event that we are considering a sale of its business, in its entirety or a component thereof, or substantially all of its assets are acquired, or a portion thereof, Personal Information, may be one of the transferred assets, and may therefore be used by a third-party acquirer in accordance with this policy.
With Whom We Share Information
We may disclose Personal Information to our subsidiaries, affiliates, third party service providers such as our marketing partners, payment processors, cloud storage sites, web analytics, internet service providers, order fulfillment intermediaries and other third-party processors to perform data processing services on our behalf. We may contract with third-party vendors to provide services related to the Services and may share information with such vendors to provide products and to augment your experience. Such parties are obligated not to disclose or use the information for any other purpose. Unless described in this policy, we do not sell, rent or trade your Data to third parties for promotional purposes. We may also employ third-party companies and individuals for reasons that include:
- To facilitate our Service;
- To provide the Service on our behalf;
- To provide additional services the augment the Services we provide;
- To perform Service-related services; or
- To assist us in analyzing how our Site and Services are used
In limited circumstances we may share some Personal Information with other distributors in your upline and downline organization for organizational integrity, upline training and support, sales administration, distribution of products and information, or for organizational or for compliance reasons such as placement, organizational changes and commission calculation inquiries and traceability. We may disclose Personal Information to third-parties if required by law or legal process.
For the purpose of fraud detection, the company may also pass along to its merchant account and/or credit card processor: first name, surname, address, email, telephone number, date of birth, company account name, and where applicable, order history, notes that were added by company departments, IP address, order data (including date, time, shipping costs, tax, VAT, browser cookies, IP address, billing address, payment method, currency, failed attempts), billing data (including invoice name, address, telephone number, card type, authorized amount and card expiry date).
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. Our service providers and affiliates are contractually bound to protect the confidentiality of your Personal Information and may not use the data for purposes not authorized by us. Though we provide physical, electronic and procedural safeguards, remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
This Service may contain links to other sites such as YouTube API or you may receive emails from the company through a third-party such as MailChimp. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
These Services are not directed to or intended to be use by anyone under the age of 13. We do not knowingly collect Personal Information from children under 13 and we do not promote our Services as being available to children under 13. In the case we discover that a child under 13 has provided us with Personal Information, we promptly delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us so that we will be able to do necessary actions.
Do Not Track
Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking cookies as browsers with the “do not track” option selected may still accept cookies. Right now, there is no industry standard for how companies should respond to “do not track” signals, although one may be adopted in the future. The company does not track its customers across third party websites to provide target advertising and therefore the company does not respond to “do not track” signals at this time. If we do so in the future, we will modify this policy accordingly.
We may update our policy from time to time. Thus, you are advised to review this page periodically for any changes. If we make any changes in the way we treat your Personal Information, we will notify you of any changes by posting the new policy on this page. These changes are effective immediately after they are posted on this page.
USERS FROM OUTSIDE THE UNITED STATES
This Site is hosted in the United States and is governed by U.S. law. If you are using the Site from outside the United States, please be aware that your Personal Information which includes personally identifiable and non-personally identifiable information (collectively “Personal Information”) may be transferred to, stored, and processed in the United States where we locate and operate our servers and databases or to countries outside of your country of residence. By using the Site, you consent to the transfer of your information and Personal Information to our facilities and to the facilities of those third parties with whom we share information as described in this policy. According to EU data protection authorities, the U.S. does not provide an adequate level of protection for the purpose of providing the Services. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this policy.
General Data Protection for the European Union
Information We Collect
Other than as identified above, the Personal Information we collect depends on the context of your interaction with us. All Personal Information you provide is processed on the basis of consent which you have given, and must be true and complete. You have a duty to notify us of any changes in such Personal Information.
At times you also may view or engage with our Site and our Services either through the company’s application, its back office database systems, or through third-party social networking sites, social media plug-ins or other applications. When you engage with the company using any of these methods, either directly or indirectly, including through third-party sites, plug-ins, or applications, we may have access to certain information including information you have posted on third-party social media such as your social media profile, your name, photo, gender, birthday, location, videos, your list of friends, and other information you have provided or posted.
How We Use Your Information
We process your Personal Information for purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you ("Contractual"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). With your Consent, we use Personal Information to establish and manage a Contractual relationship with you as a distributor, which includes your Consent to create an account and login process, to send administration information about order or your account to you, to fulfill and manage orders, administer competitions or other promotions, to request feedback and post comments or testimonials, to protect our sites and processes, to enable communication with other account holders with consent, to enforce out terms, conditions, policies and processes, to respond to legal or regulatory requests and for other business purposes such as identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience. We process Personal Information you have voluntarily given us in performance of our Business Purpose and to satisfy our Contractual relationship, including for marketing purposes, by sending emails (either on our servers or third-party platforms), updates and company promotions, rank information, product, advancements, and training information, also through telephone for Business, Contractual, and Legal Reasons, to ensure compliance with company’s policies and procedures.
Will We Share Your Information
We only share Personal Information to fulfill our Business Purposes, to comply with laws and regulations and for Legal Reasons, to protect your Contractual rights, or with your Consent.
Though unlikely, we may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. We may disclose your Personal Information for other purposes with your Consent.
Is your Information Transferred Internationally
How Long do we Keep Your Information
How Do we Keep your Information Safe
We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Sites is at your own risk. You should only access the services within a secure environment.
Do we Collect Information from Minors
We do not knowingly solicit data from, or market to, children under 16 years of age. By using the Site or our Services, you represent that you are at least 16. If we learn that Personal Information from users less than 16 years of age has been collected, we will deactivate the account and take reasonable measures to delete or pseudonymize such data from our records. If you become aware of any Personal Information we have collected from children under age 16, please contact us at email@example.com
What are Your Privacy Rights
You have certain rights under applicable data protection laws, which may include the right (i) to request access and obtain a copy of your Personal Information, (ii) to request rectification or erasure; (iii) to restrict the processing of your Personal Information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your Personal Information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your Consent to process Personal Information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal. The withdrawal of your consent to use Personal Information may result in the termination of your distributorship and cessation of the right to receive products or Services from the company.
If you are a resident in the European Economic Area and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Account Information: You may at any time review or change the information in your account or terminate your account by:
- Logging into your account settings and updating your account
- Contacting customer service at firstname.lastname@example.org or by using the contact information provided below
How to Contact Us
If you have questions or comments about this policy, email us email@example.com or by post to:
1325 W. Industrial Circle
P.O. Box 369
Springville, UT 84663
If you are a resident in the European Economic Area, the "data controller" of your Personal Information is Sisel International AG. You can contact them regarding the processing of your information by Sisel, by email at firstname.lastname@example.org or by post to:
Sisel International AG
6060 Sarnen, Switzerland
California Consumer Privacy Statement
This California Consumer Privacy Statement (“Statement”) supplements the company’s Privacy Notice and applies solely to California consumers. This Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act (“CCPA”). The company does not discriminate against anyone for exercising rights under the CCPA. Exercising rights under the CCPA is subject to the company receiving and confirming a verifiable request.
1. Notice of Collection and Use of Personal Information
We may collect (and may have collected during the 12-month period prior to the effective date of this Statement), the following categories of Personal Information about you:
- Identifiers: identifiers such as a name, address, unique personal identifier (such as a device identifier, cookies, beacons, mobile identifiers), customer number; telephone number, online identifier, IP address, email address, account name, and other similar identifiers;
- Additional Data Under Cal. Civ. Code § 1798.80: such as signature, bank account number, credit card number, debit card number, and other financial information;
- Protected Classifications: such as age, sex, gender, gender, marital status;
- Commercial Information: such as products or services purchased and other purchasing or consuming histories or tendencies;
- Online Activity: such as browsing history, search history, and information regarding your interaction with websites or applications;
- Geolocation Data; such as geolocation of your computer or company application;
- Sensory Information: audio, electronic, visual, thermal, olfactory, or similar information, and
- Inferences: such as inferences drawn from any of the information identified above reflecting your preferences, attitudes, and abilities.
We may use (and may have used during the 12-month period prior to the effective date of this Statement) your Personal Information for the purposes described in our U.S. Privacy Notice and for the following business purposes specified in the CCPA:
- performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
- auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- short-term use, including, but not limited to, the contextual customization of language preference;
- detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
- debugging to identify and repair errors that impair existing intended functionality;
- undertaking internal research for technological development and demonstration; and
- undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
2. Sale of Personal Information
We do not sell your Personal Information in exchange for monetary compensation. We may allow certain third parties to collect your Personal Information via automated technologies on our Sites to improve your experience and our Site and Services. You have the right to opt out of this disclosure of your information, which may be considered a “sale” under California law. During the 12-month period prior to the effective date of this Statement, we may have sold the following categories of Personal Information about you to online advertising services and social networks:
- Commercial Information
- Online Activity
We do not knowingly solicit Personal Information from, or market to, children under 16 years of age and have no actual knowledge that we have collected or sold any Personal Information of minors under 16 years of age.
3. Sharing of Personal Information
During the 12-month period prior to the effective date of this Statement, we may have shared your Personal Information with certain categories of third parties, as described below:
- Identifiers: third-party affiliates, vendors who provide services on our behalf, account holders, and data analytics;
- Additional Data Under Cal. Civ. Code § 1798.80: third-party affiliates and vendors who provide services on our behalf;
- Protected Classifications: third-party affiliates and vendors who provide services on our behalf;
- Commercial Information: third-party affiliates, vendors who provide services on our behalf, and account holders;
- Online Activity: third-party affiliates, vendors who provide services on our behalf, account holders, and data analytics;
- Geolocation Data; third-party affiliates and vendors who provide services on our behalf;
- Sensory Information: third-party affiliates and vendors who provide services on our behalf; and
- Inferences: third-party affiliates and vendors who provide services on our behalf and analytic providers.
4. California Consumer Privacy Rights
California residents have the right to request, twice in a 12-month period, that we disclose the Personal Information we have collected, used, disclosed and sold about you during the previous 12 months.
California residents have the right to request that we delete certain Personal Information we have collected from you. Upon receipt of a verifiable request to delete, the company will delete or pseudonymize your Personal Information rather than deleted for the company’s business purposes. For example, the company may not be able to comply with a deletion request if it is necessary for the company to keep information in order to provide goods or services requested, maintain an ongoing business relationship, comply with legal obligations, protect against fraudulent or illegal activity, or perform other necessary activities such as for tax reasons, for distributor upline and downline organizational integrity, for commission calculations and traceability, as permitted under the CCPA.
California residents have the right to opt out of the sale of your Personal Information. California residents also have a right to request that we provide you with (a) a list of certain categories of Personal Information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.
California residents can submit an access or deletion request by email at email@example.com or writing us at Sisel International, LLC, Privacy Officer, 1325 W. Industrial Circle, P.O. Box 369, Springville, UT 84663. In any request, please include whether you want to exercise the right to access information or delete information, and relevant information the company may already maintain such as first and last name; the email address you use to interact with the company, your ZIP code; your distributor or preferred customer ID number (if you have one), and the order number or description of products purchased for the last order you placed with the company (if any). If you designate an authorized agent to make an access, deletion, or opt-out of sale request, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us.
The company will use the information above, and any information it already maintains to verify identity to make sure we do not provide or delete Personal Information in response to a fraudulent request. The company reserves the right to request additional information to help identify an individual or verify that you want your information deleted. If the company is unable to confirm that the individual making the request is the same person about whom we have collected Personal Information, we will not be able to complete the request. In addition, if you do not have an account and you ask us to provide you with specific pieces of Personal Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request and that you are a current resident of California.
The company will attempt to provide the requested information or confirm completion of a request to delete Personal Information within 45 days. The company will notify you within that time period if it will need additional time to process your request.
Notice for Nevada Residents
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. The company does not engage in such activity; however, if you are a Nevada resident who has purchased goods or services from us, you may submit a request to opt-out of any potential future sales under Nevada law by contacting us at firstname.lastname@example.org. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
Revision date: Jan 31, 2022