Consultant Agreement

 

Thank for reading these Policies & Procedures. By doing so you are demonstrating a professionalism that is rare within the direct sales industry. In fact, only a small percentage of new Consultants take the time to even glance at the policies that they’ve agreed to adhere to by their signature. This is an agreement that protects us both, as well as your fellow business partners in Ajaa` Naturals sales parties. You are now the President of your own business, and you should be proud that you are taking your new business seriously enough to review this important document.

 

If you have any questions about any section of this document email the Ajaa' Naturals email address at ajaasalesconsultants@gmail.com or call us at 877-268-2439.

 

 

1. THE COMPANY

Ajaa` Naturals, hereinafter also referred to as the “Company,” is a company supplying products to the consumer through independent Consultants.

1. Use of Company Name.

 

1.1 

When using or creating any materials other than those provided by the Company, Consultants are not allowed to use the company name, trademark and logos without the written consent of the Company. This includes, but is not limited to, print advertising, business cards, websites, and domain names.

 

1.2

Any promotion of the Ajaa' Naturals products or income opportunity by you must always include the term “Independent Consultant.” This includes, but is not limited to, business cards, letterhead, advertising (written or verbal), websites, telephone listings, etc..

 

2. Confidential Information.

 

Information concerning a Consultant’s own downline organization is proprietary information. This information shall not be used for purposes unauthorized by Ajaa` Naturals and shall never be disclosed to a third party. Soliciting current ANSC's with information about other direct selling opportunities outside of Ajaa` Naturals is prohibited. There can be no cross-recruiting from one company to another.

 

3. Organizational Information.

 

All Ajaa` Naturals corporate-generated information (i.e. Commission reports, downline genealogies, etc.) is the property of Ajaa` Naturals and cannot be sold or otherwise distributed in any way without prior written permission from Ajaa` Naturals.

 

1. CONSULTANTSHIP
2. The Consultant.

 

A Consultant is someone who has submitted a Consultant Agreement and who has been accepted by the Company. The Company reserves the right to accept or reject anyone as an individual Consultant or co-owner of a Consultantship, however such acceptance will never be unreasonably withheld. Once an application has been accepted and a Consultantship granted, the Consultantship will be renewed annually at the discretion of the Consultant.

 

5. Independent Contractor.

 

A Consultant is an independent contractor and is not an employee, agent, officer, or partner with Ajaa` Naturals, and is prohibited from representing him/herself as such.

 

6. Authorized Consultant.

 

Only authorized Ajaa` Naturals Consultants may sell Ajaa` Naturals products or participate in the Ajaa` Naturals sales compensation programs.

 

6.01

Only authorized Ajaa` Naturals, with a Consultant ID #, can access their own online consultant dashboard. Sharing ANSC login information with anyone outside of the ANSC office; family members, friends, customers or team members is strictly prohibited. This protects the security of the consultant, as well as, the company.

 

7. Consultant Requirement.

 

7.01

The requirements to become a Ajaa` Naturals Consultant are the filing of a Consultant Application (also herein referred to as a Consultant Agreement), the purchase of a Consultant Kit, agreeing to the Policies and Procedures, completing orientation and paying the $10 monthly admin fee which goes into effect 30 days after kit purchase. Consultants must reside in the United States or the US territory of Puerto Rico, have reliable transportation and access to the internet. A consultant is responsible to set up their own merchant account to accept debit and credit card payments from their home party customers. Consultants cannot keep a record of any customer’s personal credit card information; this would be a violation of PCI Security Standards.

7.02

 Ajaa` Naturals Consultantship may be in the name of a business entity of any form

(Corporation, LLC, partnership, etc.).

7.03

By agreeing to the online Consultant Agreement and Policies and Procedures, you have accepted the terms and conditions set forth in the Consultant Agreement, and the policies and procedures in its entirety.

7.04

The initial establishment of your Consultantship, and the payment of your $10 monthly admin fee, entitles each Consultant to receive, among other things, optional online Personal Boutique, online party host leads for silver level or higher, regular Ajaa` Naturals communications, an at least monthly accounting of organizational sales volume, and the administration of all commissions, bonuses and profits due them.

 

8. Consultantship Identification Number.

 

8.01

Each Consultant must furnish Ajaa` Naturals with at least one of the following:

1. a) A social security number (SSN) if a United States residence not operating as a Corporation (i.e. an individual,

legal partnership, Limited Liability Company (LLC), etc.);

1. b) An Employer Identification Number (EIN) if a Corporation registered in the United States;
2. c) The appropriate government identification number used for tax purposes, if any, within the country the

Consultantship is located.

8.02

Ajaa` Naturals will not grant more than one Consultantship per individual SSN, corporate EIN, or other government issued identification number. Such numbers will only be used for reporting purposes required of Ajaa` Naturals by law, and will otherwise be held strictly confidential.

8.03

Consultants will be assigned a unique Consultant Identification Number upon acceptance of their Consultant Agreement and may, at their discretion, use this ID number for public distribution (i.e. on business cards, product catalogs, etc.).

9. Consultantship Name.

 

In the event the Consultantship is to be recognized by any other name besides the legal name of the individual (i.e. a team, partnership, business or corporate name), Ajaa` Naturals management has the right to disallow such names which they feel are offensive, misleading, violative of trademark law, or in any way may negatively impact the image, reputation and/or legal standing of the company.

 

10. Annual Renewal.

 

10.01

The consultant will renew their consultantship annually by electronically signing and agreeing to uphold the latest version of the ANSC Policies and Procedures, which might include revisions from the previous calendar year.

In order to retain your rights and privileges as a Ajaa` Naturals Consultant, Ajaa` Naturals requires the payment of nominal monthly admin fee of $10.

10.02

The admin fee is invoiced monthly and if unpaid, a reminder will be sent after 2 days. If the monthly fee invoice remains unpaid after 7 days, the ANSC dashboard will be suspended until the invoice is paid. After 30+ days unpaid, you have chosen to self-terminate and you will be removed from the ANSC program. If the removed Consultant has parties booked, they are required to contact the home office to get coverage for those party hosts. Upon removal, any sponsored team members will roll up on level of leadership if it exists. If one level higher does not exist, the team members may be re-assigned to another team leader.

10.03

The consultant will meet training requirements, including orientation, before receiving online party leads, auto assigned team members and auto assigned AN affiliates from the company. There may be additional training requirements as the company grows and ANSC will give consultants at least 30 days notice to complete any new training requirements throughout the calendar year.

10.04

A self-terminated consultant may request reinstatement to the ANSC program by emailing

ajaasalesconsultants@gmail. Reinstatement requests must be approved by the ANSC home office. If

approved, a reinstatement fee of $100 dollars will be invoiced plus any past due admin fees. The consultant will have 7 days to pay all reinstatement and past due fees. Admin fees will then be due monthly from that point forward.

10.05

A reinstatement will have no effect on sponsorship changes. If a sponsor reaches 30+ days past due, they forfeit their team members permanently. Former team members who had been reassigned to another leader, will remain with their new team leader.

10.06

If removed from the program again for nonpayment of fees in the future, a consultant may not be reinstated again. Reinstatements are a one-time option. After 6 months, a full kit re-purchase and training will be required if approved by the home office.

11. Non-Renewal.

 

If a Consultant chooses not to renew his/her Consultant Agreement, all rights to compensation, rank, and wholesale purchases shall cease, and the Consultant’s hierarchical Ajaa` Naturals Consultantship position shall be vacated. Any directly sponsored team members under a non-renewing consultant will roll up one level of leadership if it exists.

12. Minimum Age.

 

A Consultant must be at least 18 years of age, or the age of legal contractual consent within the jurisdiction which they reside.

13. Territorial Limits.

 

Ajaa` Naturals does not recognize any exclusive territories. Therefore, Consultants are not restricted from conducting business anywhere in the countries in which Ajaa` Naturals operates.

 

14. Second Consultantship.

 

No individual Ajaa` Naturals Sales Consultant may have a financial interest, or derive any benefit directly or indirectly from, any second or subsequent Ajaa` Naturals Consultantship without the expressed written permission of the Company. Example: Under no circumstance will any Consultant be allowed to manipulate the Ajaa` Naturals Parties compensation plan by establishing multiple positions for the purpose of receiving matching bonuses on their own commissions.

15. Spouses.

 

The spouse of existing Consultants may be a co-applicant on the original Consultant Application if the consultantship is under a business name (with an EIN) and both spouses are listed as owners under that EIN, but may not apply for, nor have, a financial interest in any other Ajaa` Naturals Consultantship.

 

16. Consultantship Status Changes.

 

The company reserves the right of approval of any changes in the Consultant’s business name only. The Consultant may at any time, for any reason, change their Consultantship to a sole proprietor business, business partnership, corporation (of any type), or to a trust for taxes, estate planning and limited liability purposes. Ajaa` Naturals has no standing to disallow such legal changes and company approval is not necessary. However, the name of all parties who are financially involved, directly or indirectly, with this Consultantship, along with their past or current Consultant Identification Numbers (if applicable), must appear on the newly revised Consultant Application along with written instructions to the company authorizing this identity change signed by all parties involved. This written notification must be submitted to the Ajaa` Naturals home office ten (10) days in advance of the effective date of the change. Ajaa` Naturals has the right to disallow only those individuals who already hold current positions within the Ajaa` Naturals sales program, have been terminated, or who have not been inactive for less than six months, from participating in the newly revised Consultantship.

 

17. Consultant Information.

 

It is the responsibility of the Consultant to provide and update Ajaa` Naturals with current and accurate information about the Consultantship, including but not limited to the name(s), addresses, telephone/fax number(s) and currant e-mail address. All information changes must be submitted to the Ajaa` Naturals home office either in writing or via the Consultant’s online profile. Changes which would impact mailings, commissions, or bonuses should be received at least ten (10) days in advance of the effective date of the change.

18. Selling a Consultantship.

 

18.01

A Consultant may sell, assign or transfer his or her Consultantship without approval by Ajaa` Naturals (it’s your business). However, Ajaa` Naturals reserves the right to approve or deny individual participants. For example, the potential buyer must not be a currently active, or previously terminated Consultant.

18.02

Ajaa` Naturals must be fully informed of all pertinent details, including (but not limited to) the full name, address, phone number and SSN of the buyer(s), at least fifteen (15) business days in advance of the transfer of ownership. This written notification must be signed and notarized by the selling (departing) Consultant and must be accompanied by a new Consultant Agreement signed by the buying (incoming) Consultant.

18.03

A Consultant who sells his/her Consultantship shall not be eligible to reapply as a Ajaa` Naturals Consultant for a period of 180 full days (about six months).

19. Successors.

 

Upon the death of the Consultant, Consultant’s rights, compensation and responsibilities shall pass to the Consultant’s heirs, upon written notification to the Ajaa` Naturals home office. The successor(s) must fulfill the responsibilities of the Consultant. Per section 4 above, Ajaa` Naturals has the right of approval of all new individuals participating, whether by voluntary application or inheritance, in the Ajaa` Naturals sales program. No reasonable applicant will be withheld.

21. Cancellation.

 

The Consultant Agreement (Consultantship) may be canceled at any time, for any reason, by a Consultant upon notarized notification to the Company by registered mail. This is to prevent fraudulent cancellations. If a Consultant cancels their Consultantship, their directly sponsored team members will roll-up one level of leadership if it exists.

22. Pay Period and Payments.

 

22.01

Commissions and other bonuses are based on a calendar month. Orders must be entered and received by 12:00 AM Midnight EST on the last day of the month and invoices paid to Ajaa` Naturals by 12:00 AM Midnight EST on the first day of the next month, to be credited to the previous month’s sales totals and pay cycle.

22.02

Ajaa` Naturals will track your sales volume and that of your entire downline, and once a month commission and bonus payments will be sent by check directly to the address specified by the Consultant. Consultant will allow fifteen (15) days from the conclusion of the monthly pay period for commission checks to arrive. In the event that you have not received your commissions after this amount of time, or the commissions are not what you expected it to be, please consult your online back office account first, then if necessary notify the Ajaa` Naturals home office. Replacement payments will be issued after the required investigative procedures are completed.

22.03

Commission checks left uncashed for more than 180 days (about six months) will not be honored. If a replacement check is later requested an additional processing fee of $20.00 will be charged to reissue a replacement payment.

22.04

Consultants are responsible for keeping their dashboard updated with the correct and complete mailing address for incentive checks. If the correct information is not stored in the consultant’s dashboard correctly after receiving reminder notifications to update it, the consultant forfeits any incentive payments due for the time period when the information was missing or inaccurate.

23. Other Taxes.

 

Ajaa` Naturals does not deduct any taxes from the commission payments it sends Consultants.

As Independent Contractors you are responsible for paying the appropriate income taxes (if any). On or before

established dates of each year, the company provides the Consultant and, if applicable, the appropriate governmental agency, a form which reflects the total paid to the Consultant by the Company during the previous year (all United States based Consultants will be issued a Form 1099).

24. Retail Customer Complaints.

Consultants shall promptly and courteously investigate any and all retail customer complaints, and shall take appropriate action to remedy all such complaints. A Consultant will reply to all e-mails or phone messages from the complainant, or the Ajaa` Naturals Home Office within 48 hours.

24.01

When a customer complaint is received by the corporate office, ANSC will investigate and take any and all

appropriate action to resolve the matter quickly.

25. Retail Customer Returns for Defects Under Warranty.

 

25.01

All retail customers shall receive a replacement product for any defective products still under warranty per the manufacturer’s return policy i.e. Warranty against defects or workmanship. A Consultant shall honor the Ajaa` Naturals Retail Customer exchange policy by courteously and promptly informing the Customer of the appropriate product return exchange procedures.

25.02

In the event product is returned for a replacement directly to you by a Retail Customer in such a way that prevents you from explaining the proper return process (e.g. by mail), you will proceed to return the product to the Company on behalf of the Customer per the proper return procedures.

27. Consultant Produced Tools and Training.

 

Ajaa` Naturals has conducted a great deal of research and testing in the development of their marketing tools and training systems. Therefore, Consultants are prohibited from producing their own marketing tools, sales aids, and training materials without the expressed written permission of the Company. Consultants must submit proofs of any self-made materials to the ANSC home office for approval before use.

28. Changing Sponsors.

 

Changing sponsors, or downline placement of your Business Center, is allowed only under the following two conditions:

1. a) You may change sponsors with the written and notarized approval of your current sponsor;
2. b) You may change the position of your Business Center only by formally resigning (per Section B.21 above) and waiting 180

full days (about six months) to rejoin as a Consultant under a new sponsor. If you elect this option you are essentially

starting over with a new Consultantship, and no rank or sales volume will carry over to your new Business Center.

29. Sponsor Disputes.

 

Occasionally one individual may contact the same prospect resulting in a dispute over sponsoring rights. Ajaa` Naturals will not mediate such disputes, and will recognize the Consultant whose name appears on the Consultant Agreement. If two applications are submitted, the one received first will be recognized. Every new Consultant has the right to choose his or her sponsor and the choice should be made carefully due to the fact that changing sponsors is not permitted, except in rare cases where leadership infractions have occurred. ANSC has the right to remove a consultant from their current sponsor if the sponsor has committed infractions against their Consultant Agreement.

In rare cases where a consultant requests to be removed from their current sponsor’s team, they must provide a written explanation of why they feel the request is warranted. The C.A.C. (Consultant Advisory Council) will vote on the request for change of sponsorship. The majority vote will determine whether the request will be approved on a case-by case basis.

30. Orphan Applications.

 

No Consultant Application will be accepted that does not include a sponsoring Consultant’s Identification Number. Should an “Orphan” application be received, Ajaa` Naturals support staff will make every effort to determine who referred the prospect including, but not limited to, contacting the prospect and asking them. In the event that there was no referring Consultant, the prospect will be assigned to an active Consultant who meets the leadership criteria set to receive auto-assigned team members.

31. Customer Affiliation.

 

Retail Customers are not bound to any particular Consultant, and may purchase Ajaa` Naturals products from any Consultant whom they choose to do business with.

1. PURCHASE AND SALE OF PRODUCT
2. Purchasing Products.

 

Consultants must purchase all of their Ajaa` Naturals produced product, literature, sales tools,

Consultant manuals, technology services etc., directly from Ajaa` Naturals.

33. Resale of Products.

 

Consultants must direct all Customer orders through the Ajaa` Naturals ordering process (i.e. allow Ajaa` Naturals to accept the order and drop ship the product to your Customer).

34. Customer Age of Majority.

 

34.01

Consultants are prohibited from presenting or selling Ajaa` Naturals merchandise to minors. Consultants shall only allow those who are of the Age of Majority (i.e. age of legal adulthood) in their state to be present at any in-home party, or any other type of sales event. Age of Majority is 18 in all U.S. states except: Alabama (19), Nebraska (19), and Mississippi (21).

34.02

Age of Majority may change from time to time in various states. It is the Consultant’s responsibility to know the Age of Majority in their state at all times.

35. Taxes on Product and Sales Aids.

 

35.01

Where taxes are applicable, Ajaa` Naturals collects those taxes from the Consultant when the Consultant orders product and sales aids. The taxes paid by the Consultant to the Company are based on the suggested retail price of all resalable products. Ajaa` Naturals pays the taxes to the appropriate authorities, (except in the states of Alaska and Puerto Rico) and the Consultant is responsible for collecting the sales tax for each order from their paying customer at the time the retail sales order is taken.

35.02

Virtually all network marketing companies apply sales taxes (when applicable) on the suggested retail cost. This is done because the primary purpose of your product purchases should be for resale. If you are charged sales tax on the wholesale amount (or not at all), and then you mark up and resell the products at retail and collect sales tax from your customer at retail, you essentially make a profit on the sales tax and it must reported to all applicable local, state and federal agencies.  Ajaa` Naturals will charge the Consultant sales taxes based on applicable state and local sales tax rates and remit these taxes on behalf of the Consultant.

36. Currency.

 

All orders are processed in USD (United States Dollars) Currency.

1. DISTRIBUTOR ETHICS, COMPLIANCE AND ENFORCEMENT
2. Consultant Conduct.

 

Consultants agree to conduct themselves with the highest ethical, professional, and business standards. Consultants agree to refrain from any conduct which may be harmful to Ajaa` Naturals reputation or to the marketing of Ajaa` Naturals products or income opportunity. Consultants found to be engaged in deceptive, unethical, discourteous, misleading, coercive, illegal or immoral conduct may be subject to disciplinary action including suspension and/or termination of their Consultantship.

38. Compliance.

 

It is mandatory that all Policies and Procedures be complied with. These regulations have been established to protect the rights of the Company, the Consultant, and the Consultant’s customers. Ajaa` Naturals will always strive to be a fair and friendly company. However, actions that may be harmful to the welfare of our company, employees, customers, and most importantly our Consultants, are considered very serious and will be addressed accordingly.

1. a) Consultants are required to respond to any form of communication from our corporate office within 48 hours including phone messages or emails.
2. General Claims.

 

39.01

Ajaa` Naturals Independent Consultants will not make any claims, statements, representations, or warranties, either verbal or written, regarding Ajaa` Naturals products, income opportunity, company management, or support services, other than those contained in current Ajaa` Naturals produced or approved materials. If there is ever any doubt about what you may or may not say, please contact Ajaa` Naturals corporate office for guidance.

39.02

Ajaa` Naturals Consultants must always be candid and forthright about the nature of the Ajaa` Naturals products and income opportunity. When inviting prospective customers to home sales parties, or any type of event where Ajaa` Naturals products will be discussed, Consultants should always make clear that some products being presented are of a sexual nature and that attendance is restricted to adults only.

40. Medical Claims.

 

No claims as to any therapeutic or curative effect of Ajaa` Naturals products may be made except for those approved by the Company or as contained in official Ajaa` Naturals literature. Consultants may not make medicinal claims that relate to the treatment, prevention, mitigation, or cure of disease. This prohibition includes claims made as part of a personal testimonial. In particular, the suggestion or insinuation that any physician prescribed medication may be discontinued in lieu of a Ajaa` Naturals product will be considered an egregious violation of this policy. If the Consultant wishes, he or she can recommend that the customer consult with his/her physician prior to using any  products.

41. Earnings Claims.

 

False or misleading representations of earnings or potential earnings is strictly prohibited. Whenever earnings examples are included in advertising or verbally, the Consultant must include the following income disclaimer: “Actual earnings will vary significantly between Consultants. This is only a hypothetical example to illustrate the mechanics of the Ajaa` Naturals compensation plan. Individual earnings as a Ajaa` Naturals Consultant depend upon the individual effort of that Ajaa` Naturals Consultant.”

42. Investment Claims.

 

It is strictly forbidden for any Consultant to refer to, or imply that, the Ajaa` Naturals income opportunity is, or requires a, financial “investment”. Although Consultants may discuss or describe the “residual income” opportunity provided by Ajaa` Naturals network marketing program, it is a violation of this policy to suggest, directly or indirectly, that such income is “effortless”, involves little or no work, is created primarily or solely by the effort of others, or any other such language that implies the absence of work, training and perseverance in the initial creation of such “residual income”.

43. Franchise/Business Opportunity Claims.

 

It is strictly forbidden for any Consultant to refer to, or imply that, the  income opportunity is, or is similar to, a “franchise”. It is also strongly advised that Consultants refrain from using the term “Business Opportunity” when describingAjaa` Naturals network marketing program. The suggested alternative is “Income Opportunity”. Although “Business Opportunity” is a common term used to describe a network marketing program, and thus greater discretion will be applied by Ajaa` Naturals when enforcing this policy regarding this term, under no circumstances should the term “franchise” be used within any context. Certain state and federal agencies within the United States, including the Federal Trade Commission, make a distinction when applying certain regulations and laws to “Franchise” and “Business” opportunities that do not otherwise apply to network marketing programs. It is the Consultant’s responsibility to maintain this distinction.

44. Governmental Endorsement.

 

International, Country and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Consultant’s may not represent or imply, directly or indirectly, that the Ajaa` Naturals program has been approved or endorsed by any governmental agency.

45. Procuring Volume.

 

Consultants may not purchase  Ajaa` Naturals products through any Consultantship other than their own, nor may they purchase product for the primary purpose of artificially meeting sales volume quotas, sales level advancements or contest qualifications.

46. Retail Outlets.

 

46.01

Consultants are prohibited from displaying or selling Ajaa` Naturals products in any retail outlet. However, Consultants may display Company approved marketing material promoting Ajaa` Naturals products and income opportunity within appropriate retail establishments, with the expressed written permission of the owner or manager.

46.02

Consultants are strictly prohibited from selling product to any person who will then resell those products through or to a retail establishment.

46.03

Kandi Boutique Consultants are prohibited from selling ANSC products on any online E-Commerce source other than their BK Consultant web page provided by Ajaa` Naturals. Under no circumstances may Ajaa` Naturals products be sold through online social, advertising and auction sites including, but not limited to, Facebook, Craigslist, eBay and Amazon respectively.

47. Representing Other Direct Sales Programs.

 

47.01

Ajaa` Naturals strongly discourages the practice of working within more than one network marketing

company within the same industry. However, the Company recognizes the Independent Contractor status of it’s Consultants and that this is your business decision. Therefore, there is no general prohibition against having a Consultantship with another network marketing, affiliate, or commissioned sales program (all of which are here after referred to as “Sales Program”). However, the following specific practices are prohibited:

1. a) Promoting or selling the opportunity or products of any other Sales Program to any Ajaa` Naturals SalesConsultant, host or customer or;
2. b) Co-mingling the products or services of another Sales Program(s) with Ajaa` Naturals

products during in-home parties, meetings, trade shows, fairs, or in any other venue, media or situation;

1. c) Offering any type of contact information connected to any Ajaa` NaturalsConsultant to

another party with the intent of having the other party solicit that Consultant to consider any product or

income opportunity unrelated to Ajaa` Naturals;

1. d) Publicly or privately state, by any written or verbal means, that the products or income opportunity of the

other Sales Program is superior to Ajaa` Naturals’ products or income opportunity.

47.02

Sponsoring represents an important commitment of time and money. Ajaa` Naturals feels that those valuable relationships should be protected. Furthermore, it is Ajaa` Naturals fiduciary responsibility to protect the integrity of every Consultant’s sales organization. Therefore, cross-sponsoring between Sales Programs offering competing products is universally prohibited. The spirit and intent of this section is designed to protect your rights to openly promote complementary and beneficial secondary Sales Programs to those you have sponsored (such as lead suppliers, generic training, communication services, etc.) as well as to support the products and services of other non-competing network marketing programs (which Ajaa` Naturals encourages).

 

48. Reporting Violations.

 

Every Consultant has the duty and responsibility to investigate and report any and all violations of the Policies and Procedures to the Ajaa` Naturals home office. However, such reports will carry little weight if submitted anonymously. Any allegation of policy violations must be sourced and verified. Intentionally filing false or misleading violation reports are in itself a severe policy violation.

49. Enforcement Procedures.

 

49.01

Ajaa` Naturals will never arbitrarily or unfairly enforce its policies. However, since infractions potentially jeopardize the orderly operation of the Company as well as its legal standing and reputation, the Company must occasionally be prepared to take firm action. Ajaa` Naturals will fully investigate any alleged policy violations, including the defense of the accused party, before any formal action is taken. Utmost care will be taken to ensure that the complaint is accurate. Ajaa` Naturals considers all complaint information to be strictly confidential.

49.02

Upon learning of a violation, a Consultant should inform the violator of the pertinent section of the Ajaa` Naturals Policies & Procedures and/or Consultant Agreement. The matter should be discussed calmly and professionally. Point out the basis of that particular policy. Be sure the alleged violator knows how their conduct was a violation of the policy and what the appropriate conduct is. Most violations are due to a lack of information and educating the offender usually settles the matter.

49.03

Unless the infraction was serious in nature (e.g. involves potentially illegal activity), if the violator understands the policy and agrees to comply, it is not necessary to inform the Company of the violation.

49.04

If the alleged violator refuses to cooperate, then the Consultant should send a letter to the Ajaa` Naturals home office stating the nature of the violation along with the details (i.e. names, addresses, telephone numbers of all persons involved, dates, times, location, etc.). The letter must be signed by the Consultant(s) reporting the violation(s). The source of this information will be held confidential, unless revelation is required by law.

49.05

When the complaint is received by Ajaa` Naturals, all parties will be afforded the opportunity to be heard, either through correspondence or in person. Evidence may be presented and a decision will be rendered after all relevant facts have been reviewed. Once a decision is reached, all parties will be notified.

50. Disciplinary Actions.

 

In the event that a Consultant has violated any of the provisions within the Consultant Agreement, the Policies & Procedures Manual, or any applicable local, state of country laws, or in any way compromises the integrity of

Ajaa` Naturals, the Company may elect to suspend or terminate, at its sole discretion, the

offending Consultant depending on the nature of the violation.

 

51. Suspensions and Terminations.

 

51.01

The Company will send the Consultant an official notice of suspension or termination by registered US mail, or what ever delivery confirmation method is available in the offending Consultant’s country, to the address on file. Copies of this notification may also be sent by fax or email, if available. This notification will include the basis for the action and length of the suspension (if applicable).

51.02

The Consultant will have thirty (30) days from the date of mailing in which to appeal the suspension or termination. The Consultant’s appeal must be received by the Ajaa` Naturals home office within the 30 day period. If the appeal is not received within the 30 day period, the suspension or termination will stand and is final.

51.03

Ajaa` Naturals management will carefully review the Consultant’s written appeal and, if appropriate, conduct a follow up conversation. Ajaa` Naturals management may, at it’s discretion, request a review of the suspension or termination by the Consultant Advisory Council (CAC) for additional guidance.

Ajaa` Naturals will then render its final decision and notify the Consultant by email or Priority Mail.

51.04

During the time that the initial investigation is taking place, but previous to any formal suspension or termination, the Consultant will retain all rights as an active Consultant in good standing. Ajaa` Naturals follows the policy of “Innocent until proven guilty.”

51.05

While under suspension, or following termination, the Consultant agrees to immediately cease representing himself/herself as a Ajaa` Naturals Consultant, may not directly or indirectly contact current Consultants, may not attend Consultant meetings or Company events, may not attend or host in-house parties, and may not enroll new Consultants nor sell Ajaa` Naturals products. No financial compensation of any kind will be paid or accrued to the Consultant during suspension or after date of termination. No additional sales volume will be accrue within the Ajaa` Naturals compensation program during the suspension period.

51.06

In the event that a Consultant resigns, is suspended, or is terminated, Ajaa` Naturals maintains the right to hold any forthcoming commissions or bonus generated during the current commission month (the month in which the resignation, suspension or termination formally begins). Under no other circumstance will

commissions or bonus be withheld.

51.07

Terminated Consultants are not eligible for future application as a Ajaa` NaturalsConsultant.

52. Non-Disparagement

 

52.01

Negative comments and remarks made by Consultants about the Company, it’s management, products, or compensation plan serve no purpose other than to diminish the confidence and enthusiasm of other Ajaa` Naturals Consultants. For this reason, and to set the proper example for their sales organization, Consultants must not disparage Ajaa` Naturals, it’s directors, officers, or employees, other Consultants, or Ajaa` Naturals products and compensation plan to anyone other than

Ajaa` Naturals’s Consultant Support personnel, or Ajaa` Naturals senior management.

52.02

There are several avenues to formally express constructive criticisms, concerns, or complaints to Ajaa` Naturals support and/or management. Consultants are encouraged to take advantage of these communication devices and the Company welcomes such input.

52.03

Consultants should not, either verbally or in writing, disparage any competing network marketing program, its products, management or compensation plan, by name. For the purpose of this section, “disparage” is defined as: To speak of in a slighting or disrespectful way, or to belittle. Ajaa` Naturals Parties does not condone gratuitous “competition bashing.” This section is not meant to discourage or prevent a professional, candid discussion of specific advantages and benefits offered by Ajaa` Naturals compared to other network marketing programs, nor does it prohibit or discourage the revelation of alleged advantages posed by competing programs when those advantages are verifiably false, misleading or overstated. Ajaa` Naturals recognizes your right to defend yourself against competitor “hype”, and to fairly and accurately contrast and compare various aspects of the Ajaa` Naturals program to that of specific competitors. This is all part of a healthy, competitive environment. However, you must never attempt to position Ajaa` Naturals as having the “best” opportunity or products by tearing down all other competitors.

1. ADVERTISING
2. Media Advertising.

 

53.01

All advertising including, but not limited to, flyers, press releases, promotional statements made on telephone answering machines or voice mail, direct mailing pieces, radio, TV, or newspaper advertising copy, or promotional statements made on internet message boards or websites, must be approved by the Ajaa` Naturals home office before being disseminated or published.

53.02

Ajaa` Naturals Consultants may not represent Ajaa` Naturals in the media (in advertising, news or special interest features or in any other category) without the express written consent of Ajaa` Naturals. All media inquiries are to be referred immediately to the Ajaa` Naturals home office.

54. Sales Materials.

 

Only sales, promotional and advertising materials approved in writing or supplied by Ajaa` Naturals can be used (see section #27: Consultant Produced Tools and Training).

55. Displays. (Vendor Events)

 

55.01

Ajaa` Naturals Consultants may display the Ajaa` Naturals products and income opportunity at trade shows, expos, and similar exhibitions for the purpose of attracting potential Consultants and selling products. Participation in any such event must receive prior written approval, before signing a contract or paying for booth space, from the Ajaa` Naturals home office. An Event Registration Form can be found in the resource center and must be submitted to the ANSC home office at least 30 days prior to participation in an event for approval. ANSC will email an approval/denial to the consultant within 2 business days of receiving a

completed Event Registration Approval form. If you do not receive an approval/denial by email within 2 business days, please contact the home office for confirmation that your request was received.

55.02

Consultants are prohibited from setting up exhibits in shopping malls, at farmers’ markets or at flea markets, or any other such venue where minors may be in attendance.

56. Telemarketing/Fax Broadcasting/Spamming.

 

56.01

Consultants may not use or transmit unsolicited faxes, unsolicited email, or “spamming” relative to the operation of their Ajaa` Naturals business. The terms “unsolicited faxes” and “unsolicited email” mean the

transmission via telephone facsimile or electronic mail of any material promoting Ajaa` Naturals its products, its income opportunity, or any other aspect of the Company. The only exceptions are fax or email to:

1. a) any adult person with that person’s prior express invitation or permission; or
2. b) any adult person with whom the Consultant has an established business or personal relationship.

56.02

Telemarketing calls may only be made to:

1. a) any adult person with that person’s prior express invitation or permission; or
2. b) any adult person with whom the Consultant has an established business or personal relationship; or
3. c) any adult person residing in the United States that the Consultant is certain is not on the Federal Do Not

Call Registry.

56.03

Telemarketing laws differ from country to country and from state to state. There are various penalties (some severe) imposed by regulators for violation of these laws. It is the Consultant’s responsibility to understand the laws of their land as they relate to all forms of marketing which they intend to use. For example, it is the Consultant’s responsibility to verify that any lead supply source has “scrubbed” (omitted) from their lead lists for sale all those who reside in the United States and are on the Do Not Call Registry, as mandated by the U.S. Federal Trade Commission.

1. ORDERING & SHIPPING
2. Order Forms.

 

Ajaa` Naturals products and sales aids must be ordered using an official Ajaa` Naturals order form via the online ordering system.

 

58. Form of Payment.

 

58.01

Invoices must be paid in full before orders will ship. Accepted Methods of Payment are Credit/Debit Card (Visa, MasterCard, American Express, Discover). Ajaa` Naturals does not ship orders on a C.O.D. (cash on delivery) basis.

59. Processing Deadline.

 

All sales orders must be entered into the consultant dashboard, and invoices paid in full, within 3 business days of receiving payment from a customer. There are no exceptions to this policy.

60. Ordering Policies.

 

On internet orders where a credit card is used, only the owner or spouse of the owner of the credit card may place the order. Each order can only stipulate one shipping address (orders can not be split). Cash payments via normal mail will not be accepted and Ajaa` Naturals cannot assume responsibility in the event the cash is lost or stolen if this is done.

61. Credit Card Disputes.

 

61.01

The ability to accept payment by credit card is a privilege and one Ajaa` Naturals takes very seriously. Unnecessary, avoidable or frivolous credit card charges backs can seriously jeopardize the Company’s ability to accept such payments. Therefore, if any dispute or question should arise regarding a charge to a Consultant’s credit card, Ajaa` Naturals requires the Consultant to immediately contact the Ajaa` Naturals home office before any other action is taken. The Consultant must allow Ajaa` Naturals thirty (30) full days to make all reasonable effort to investigate and resolve the challenge before initiating a formal credit card charge back request with your credit card supplier or bank. Consultants who take such action without first contacting the Company and allowing Ajaa` Naturals to resolve the issue, or within the 30 day resolution period, will be subject to suspension.

61.02

All Consultants should be aware that complaints made against Ajaa` Naturals filed with any other dispute resolution entity including, but not limited to, the Better Business Bureau, a local, state, province or country regulatory or legal agency (e.g. a state’s Attorney General’s office in the United States), without first contacting the Company and allowing Ajaa` Naturals to resolve the issue, or within the 30 day resolution period, will be subject to suspension.

61.03

Any dispute or criticisms related to any aspect of Ajaa` Naturals, directly or indirectly, posted to any dispute publicizing website or message board, will be considered a violation of the Non-Disparagement clause (Section 54) of these Policies and subject the Consultant to suspension or termination.

61.04

If you have a complaint or dispute, related to charges or otherwise, please contact Ajaa` Naturals first at 877-268-2439, or secondarily by email to ajaasalesconsultants@gmail.com. We will always make every effort to resolve the issue as fairly and quickly as possible.

62. Electronic Orders.

 

When placing orders by internet, you must receive an Order Confirmation Number upon approval of your order. If you fail to receive such confirmation, or the transaction does not complete for any reason, do not resubmit the order again. Instead, wait thirty (30) minutes, then either call the Ajaa` Naturals order department or check your “See Orders” page within your back office to verify the status of the order.

63. Back-Orders.

 

63.01

In the rare event that an item is temporarily out of stock, consultants will be notified by email from the ANSC office and it will be posted in the Resource Center. Back orders are filled as soon as new inventory arrives, but are credited to the month in which they were ordered.

63.02

If only part of your order is on back-order the available products will be shipped and the back-ordered products will be shipped separately when they become available. Consultants/end customers will not be charged any additional shipping fees for the second shipment.

64. Shipping Information.

 

64.01

Ajaa` Naturals will ship your order via best carrier with tracking. Consultants residing within the 48 contiguous states should allow (but not expect) up to 10 days from the date of order before contacting the Ajaa` Naturals home office to locate the order. Multiple parcel shipments may arrive on separate days.

Allow up to two (2) days after the first parcel arrives before contacting Ajaa` Naturals to locate the second parcel.

64.02

Ajaa` Naturals requires that all orders have a complete shipping address. All orders must have a contact name (and business name if applicable). Any incomplete or inaccurate address will delay or prevent delivery of the shipment and may result in additional shipping charges.

65. Shipping Charges.

 

All shipping charges are indicated on the official Ajaa` Naturals order form. Minimum charges may apply. These charges are paid by the purchaser.

66. Receiving Deliveries.

 

Should a Consultant or Customer make arrangements with the delivery company to leave the package(s) on their property without a person present to accept it, or agree to such delivery, Ajaa` Naturals will not be held responsible for any damage or theft that may occur. Should damage or theft occur, it will be the sole responsibility of the Consultant or Customer to file a claim directly with the shipping company or their property insurance company.

67. Kit Returns.

 

Kit returns will be accepted within 30 days of kit purchase. The following requirements apply in order to receive a refund: 1) an RA number must be issued prior to any return, 2) a 10% re-stocking fee will be charged and 3) the kit must be unopened with all products in saleable condition.

68. Return Address.

 

Returned kits must be shipped with a tracking number, at the Consultant’s expense, to: Ajaa` Naturals at 3316-A Cobb Parkway, Smyrna Ga 30080.

69. Exchanges.

 

Product exchanges will be considered on a case-by-case basis and accepted at the sole discretion of the Company.

70. Lost Shipments.

 

If after fifteen (15) days of ordering you have not received your shipment, contact the Ajaa` Naturals home office for assistance. Consultants have twenty (20) days from the date on the invoice to report any undelivered parcels. After 20 days from the date on the invoice the order will be considered delivered in full.

1. LEGAL ISSUES
2. Amendments.

 

71.01

Ajaa` Naturals will make every effort to notify Consultants of any and all significant changes to the Ajaa` Naturals program as much in advance of such changes as is possible. Ajaa` Naturals further commits to utilizing the Consultant Advisory Council (CAC) and various other Consultant feedback systems when considering significant changes to the Ajaa` Naturals Program.

71.02

Ajaa` Naturals reserves the right, at its sole discretion and when absolutely necessary, to make amendments to Company policies, the Consultant Agreement, product pricing, or the marketing and compensation plans without prior notification. By signing the Consultant Agreement, the Consultant agrees to abide by any such amendments.

71.03

The Consultant has the right to negotiate any part of their Consultant Agreement and these Policies & Procedures. All such negotiations must take place before either document is signed by the Consultant. Addendums, deletions or revisions to the Consultant Agreement and/or Policies & Procedures must be mutually agreed to by both parties (the Consultant and the Company) in writing, or by electronic signature online when available.

72. Indemnification.

 

72.01

Consultants are fully responsible for all of their verbal or written statements regarding Ajaa` Naturals products, services, and compensation plan which are not expressly contained in official company material. As such, Ajaa` Naturals Consultants agree to indemnify Ajaa` Naturals, and its directors, officers, agents, and employees, and hold them harmless from any and all claims, damages, or liability.

This includes, but is not limited to, judgments, civil penalties, refunds, legal fees, court costs, damages or lost business incurred by Ajaa` Naturals as a result of the Consultant’s unauthorized representations or actions. This provision shall survive the termination of the Consultant Agreement.

72.02

Ajaa` Naturals is responsible for all verbal or written statements regardingAjaa` Naturals products, services, and compensation plan which are expressly contained in official company material, or which has been properly submitted to Ajaa` Naturals for review and approval, and such approval has been granted. As such, Ajaa` Naturals agrees to indemnify Ajaa` Naturals Consultants, and hold them harmless from any and all claims, damages, or liability that may arise from their use of such Company produced and/or approved materials. This includes, but is not limited to, judgments, civil penalties, refunds, legal fees, court costs, damages or lost business incurred by Ajaa` Naturals Consultants as a result of the Consultant’s use of such authorized material. This provision shall not survive the termination of the Consultant Agreement.

73. Partial Invalidity.

 

If any portion of these Policies & Procedures or the Consultant Agreement is declared invalid by a court of competent jurisdiction, all other parts shall remain in full force and effect.

74. Length of Agreement.

 

All policies agreed to within the Consultant Agreement and the Policies & Procedures transcend and survives the date of termination or resignation for a period of one (1) year, unless otherwise stated.

75. Governing Law, Jurisdiction and Venue.

 

These Policies and Procedures, the Compensation Plan, and the Consultant Agreement are governed by the laws of the state of New Hampshire unless the laws of the state or province in which a Consultant resides expressly require the application of its laws. The parties agree the proper jurisdiction and venue of any matter not subject to arbitration shall be in any court of competent jurisdiction within the state of New Hampshire unless the laws of the state in which a Consultant resides expressly require the application of its laws, in which case that state’s laws shall govern all issues related to jurisdiction and venue. The Consultant Agreement shall be binding upon the successors and assigns of both parties.

76. Arbitration

 

76.01

Any controversy or claim relating to these Policies & Procedures, the Compensation Plan, or the Consultant Agreement or any breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If a Consultant wishes to bring an action againstAjaa` Naturals for any act or omission relating to the Consultant Agreement, such action must be brought within 90 full days from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within 90 full days shall bar all claims by Consultant against Ajaa` Naturals for such act or omission. Consultant waives all claims that any other statute of limitation applies to. Consultants waive all rights to trial by jury or to any court.

76.02

All arbitration proceedings shall be held in state of New Hampshire unless the laws of the state or province in which a Consultant resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. The parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure. No other aspects of the Federal Rules of Civil Procedure shall be applicable to an arbitration. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a thorough understanding of the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the Consultant Agreement. Nothing in the Consultant Agreement shall prevent Ajaa` Naturals 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 Ajaa` Naturals’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.

76.03

The intent of this section is to significantly reduce the cost of any legal proceeding to both parties as well as to increase the speed in which it proceeds.

77. Entire Agreement.

 

The Consultant Manual, Consultant Agreement, the Policies & Procedures, and all forms, applications and other related documents mentioned herein are incorporated into the Consultant Agreement and constitute the entire agreement of the parties.

78. Examples.

 

All examples provided within the Consultant Manual, Consultant Agreement, and the Policies & Procedures, are not meant to be all inclusive and are provided for clarification purposes only.

79. Corporate Contact.

 

All Policies herein that require “in writing” notification to Ajaa` Naturals should be sent to: Ajaa` Naturals, 3316-A Cobb Parkway, Smyrna, Ga 30080. Verbal notification should be directed to 877-268-2439.