Member Policies & Procedures
The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:
BodiKore and the Independent Sales Representative (also referred to as Distributors). They shall be effective only upon acceptance by the Company, at its principal office:
2344 W. Teano Dr
Meridian, ID 83646
BodiKore has made a commitment to provide the finest direct sales experience backed by impeccable service to its Consultants. In turn, the company expects BodiKore Consultants to reflect that image in their relationships with Customers and fellow Consultants. As a BodiKore Consultant you are expected to operate your business according to the highest standards of integrity and fair practice in your role as a BodiKore Consultant. Failure to comply with the Code of Ethics can result in your termination as a BodiKore Consultant. The Code of Ethics, therefore, states:
As an Independent Consultant:
• I will conduct my business in an honest, ethical manner at all times.
• I will make no representations about the benefits of being a Consultant with BodiKore other than those contained in officially-approved corporate literature and videos.
• I will provide support and encouragement to my customers to ensure that their experience with BodiKore is a successful one.
• I will motivate and actively work with Consultants of my downline organization to help them build their BodiKore business. I understand that this support is critical to each Consultant’s success with BodiKore.
• I will refrain from exaggerating my personal income or the income potential in general and will stress to Consultant candidates the level of effort and commitment required to succeed in the business.
• I will not abuse the goodwill of my association with BodiKore to further or promote other business interests (particularly those which may be competitive to BodiKore) without the prior written consent of BodiKore.
• I will not make disparaging remarks about other products, services, Consultants, or companies; likewise, I will not willfully denigrate the activities or personalities of fellow BodiKore Consultants.
• I will abide by all of the Policies and Procedures of BodiKore as included herein, or as may be amended from time to time.
• I will not make any payment(s) or promise to pay any prospective or existing Consultant in return for such Consultant’s enrollment, continued enrollment, or team building or recruiting activities with BodiKore.
2.1 Policies and Compensation Plan Incorporated into Consultant Agreement
These Policies and Procedures, in their present form and as amended at the sole discretion of BodiKore, are incorporated into, and form an integral part of, the BodiKore Consultant Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the BodiKore Consultant Application and Agreement Form, these Policies and Procedures and the BodiKore Compensation Plan. These documents are incorporated by reference into the BodiKore Consultant Agreement (all in their current form and as amended by BodiKore).
2.2 Purpose of Policies
BodiKore is a direct sales company that markets products through Independent Consultants. It is important to understand that your success and the success of your fellow Consultants depends on the integrity of those who market our services. To clearly define the relationship that exists between Consultants and BodiKore, and to explicitly set a standard for acceptable business conduct, BodiKore has established the Agreement. BodiKore Consultants are required to comply with all of the provisions set forth in the Agreement, which BodiKore may amend at its sole discretion from time to time, as well as with all federal, state and local laws governing their BodiKore business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this document carefully. It explains and governs the relationship between you, as an independent contractor, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the BodiKore corporate office.
2.3 Changes to the Agreement
Because laws and the business environment periodically change, BodiKore reserves the right to amend the Agreement, compensation plan and its prices at its sole and absolute discretion. By signing the Consultant Agreement, a Consultant agrees to abide by all amendments or modifications that BodiKore elects to make. Amendments shall be effective 30 days after publication of notice of amendments in official BodiKore materials. The Company shall provide or make available to all Consultants a complete copy of the amended provisions by one or more of the following methods: (a) posting on the Company’s official website; (b) electronic mail (email); (c) inclusion in Company periodicals; (d) inclusion with commissions or bonus checks; or (e) special mailings. The continuation of a Consultant’s BodiKore business or a Consultant’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
BodiKore shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, government decrees or orders, and acts of God.
2.5 Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement.
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of BodiKore to exercise any right or power under the Agreement or to insist upon strict compliance by a Consultant with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of BodiKore’s right to demand exact compliance with the Agreement. Waiver by BodiKore can be affected only in writing by an authorized officer of the Company. BodiKore’s waiver of any particular breach by an Consultant shall not affect or impair BodiKore’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Consultant. Nor shall any delay or omission by BodiKore to exercise any right arising from a breach affect or impair BodiKore’s rights as to that or any subsequent breach. The existence of any claim or cause of action of a Consultant against BodiKore shall not constitute a defense to BodiKore’s enforcement of any term or provision of the Agreement.
3. BECOMING A CONSULTANT
3.1 Requirements to Become a Consultant
To become a BodiKore Consultant, each applicant must:
• Be at least 18 years of age;
• Reside in the 50 United States or US Territories officially opened by the Company;
• Have a valid Social Security or Tax ID number;
• Submit an accepted BodiKore Consultant Application and Agreement.
The Company reserves the right to reject any applications for a new Consultant or applications for renewal.
3.2 Consultant Benefits
Once a Consultant Application and Agreement has been accepted by BodiKore, the following benefits are available to the new Consultant.
3.2.1 Consultants that enroll in BodiKore are allowed to:
• Sell BodiKore products to retail customers and receive profit from these sales
• Receive periodic BodiKore literature and other BodiKore communications
• Build a network of Independent Consultants and participate in the BodiKore Compensation Plan
4. OPERATING A BODIKORE BUSINESS
4.1 Adherence to the BodiKore Compensation Plan
Consultants must adhere to the terms of the BodiKore Compensation Plan as set forth in official BodiKore literature.
Consultants shall not offer the BodiKore opportunity through, or in combination with, any other system, program or method of marketing other than that specifically set forth in official BodiKore literature. Consultants shall not require or encourage other current or prospective customers or Consultants to participate in BodiKore in any manner that varies from the program as set forth in official BodiKore literature.
Consultants shall not require or encourage other current or prospective customers or Consultants to execute any agreement or contract other than official BodiKore agreements and contracts in order to become a BodiKore Consultant. Similarly, Consultants shall not require or encourage other current or prospective customers or Consultants to make any purchase from, or payment to, any individual or other entity to participate in the BodiKore Compensation Plan other than those purchases or payments identified as recommended or required in official BodiKore literature.
4.2 Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. “Bonus buying” includes:
(a) the enrollment of individuals without their knowledge and agreement and/or without execution of a Consultant Application;
(b) the fraudulent enrollment of an individual as a Consultant or merchant;
(c) the enrollment or attempted enrollment of non-existent individuals as Consultants or merchants;
(d) the use of a credit card by or on behalf of a Consultant or merchant when the Consultant or customer is not the account holder of such credit card;
(e) purchasing BodiKore products on behalf of another Consultant, or under another Consultant’s ID number, to qualify for commissions or bonuses.
4.3 Business Entities
A Partnership, LLC or Corporation may hold a Consultant business upon completion of the Consultant Application form, and providing on that form in the appropriate space, a Federal tax ID number. An individual may participate in multiple business centers; however, all must be under the same business name. The person signing the application on behalf of a business entity must have the authority of said entity for entering into the transaction. In addition, by signing for as a business entity, you certify that no person with an interest of debt or equity in the business has had an interest in a Consultant business in BodiKore within six months of the date of signature.
4.4 Changes to a BodiKore Business
Each Consultant must immediately notify BodiKore of all changes to the information contained in his or her Consultant Application and Agreement. Consultants may modify their existing Consultant Agreement Form by submitting a written request and appropriate supporting documentation.
4.4.2 Change of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all Consultants, BodiKore does not allow changes in sponsorship for active Consultants. Maintaining the integrity of sponsorship is critical for the success of every Consultant and marketing organization. Accordingly, the transfer of a BodiKore business from one sponsor to another is not permitted.
Exception - A request for a change in sponsor, due to BodiKore error, will be accepted within 45 days of completion of the application.
4.4.3 Cancellation and Re-application
A Consultant may legitimately change organizations by:
Voluntarily cancelling his or her BodiKore Agreement and remaining inactive (i.e., no purchases of BodiKore products for resale; no sales of BodiKore products; no sponsoring; and no attendance at any BodiKore functions, participation in any other form of Consultant activity, or operation of any other BodiKore business) for six full calendar months.
Following the six calendar month period of inactivity, the former Consultant may reapply under a new sponsor. However the former Consultant will permanently lose any and all right to their former Consultant downline organization.
4.5 Unauthorized Claims and Actions
An Consultant is fully responsible for all of his or her verbal and written statements made regarding BodiKore products, services, and the Compensation Plan that are not expressly contained in official BodiKore materials. Consultants agree to indemnify BodiKore and BodiKore’s directors, officers, employees and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by BodiKore as a result of the Consultant’s unauthorized representations or actions. This provision shall survive the termination of the Consultant Agreement.
4.5.2 Income Claims
In their enthusiasm to enroll prospective Consultants, some Consultants are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new Consultants may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved.
Moreover, the Federal Trade Commission and all states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While Consultants may believe it beneficial to provide copies of checks, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact BodiKore as well as the Consultant making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because Consultants do not have the data necessary to comply with the legal requirements for making income claims, a Consultant may NOT make income projections; income claims or disclose his or her BodiKore income (including the showing of checks, copies of checks, bank statements or tax records).
4.6 Conduct at BodiKore Events
4.6.1 No Selling or Recruiting at BodiKore Events
Selling and recruiting at BodiKore events is not permitted. These activities take away from the primary focus of the event, and can negatively reflect on the professional image of BodiKore as a company. You may, however, offer a business card and/or catalog.
4.6.2 No Selling or Recruiting for other Companies at BodiKore Events
BodiKore Consultants shall not sell any products or recruit for any business during BodiKore events. This restriction most specifically applies to sales and recruitment efforts for any other direct sales or marketing program, regardless of the product category, including those that do not compete with BodiKore’s product line.
4.7 Conflicts of Interest
BodiKore Consultants are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”), with the exception of those products in the same generic category as a BodiKore product that is deemed to be competing. Consultants may not display BodiKore products with any other products or services in a fashion that might in any way confuse or mislead a prospective customer, merchant or Consultant into believing there is a relationship between the BodiKore and non-BodiKore products or services.
During the term of this Agreement, Consultants may not recruit other BodiKore Consultants or Merchants or customers for any other network marketing business. Following the cancellation of this Agreement, and for a period of one year thereafter, a former Consultant may not recruit any BodiKore Consultant or customer for another network marketing business, with the exception of a Consultant who is personally sponsored by the former Consultant. The Consultants and Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the Internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, the Consultants and Company agree that this non-solicitation provision shall apply to all markets in which BodiKore conducts business.
The term “recruit” means actual or attempted solicitation, enrollment, encouragement or effort to influence in any other way, either directly or through a third party, another BodiKore Consultant or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes recruiting even if the Consultant’s actions are in response to an inquiry made by another Consultant or customer.
4.7.3 Downline Activity (Genealogy) Reports
Downline Activity Reports made available for Consultant access and viewing at BodiKore’s official website are considered confidential. Consultant 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 BodiKore. Downline Activity Reports are provided to Consultants in the strictest of confidence and are made available to Consultants for the sole purpose of assisting Consultants in working with their respective Downline Organizations in the development of their BodiKore business. Consultants should use their Downline Activity Reports to assist, motivate and train their Downline Consultants. The Consultant and BodiKore agree that, but for this agreement of confidentiality and nondisclosure, BodiKore would not provide Downline Activity Reports to the Consultant. A Consultant shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
• Directly or indirectly disclose any information contained in any Downline Activity Report to any third party;
• Directly or indirectly disclose the password or other access code to his or her Downline Activity Report;
• Use the information to compete with BodiKore or for any purpose other than promoting his or her BodiKore business;
• Recruit or solicit any Consultant or Customer of BodiKore listed on any report or in any manner attempt to influence or induce any Consultant or customer of BodiKore to alter their business relationship with BodiKore;
• Use or disclose to any person, partnership, association, corporation or other entity any information contained in any Downline Activity Report.
Upon demand by the Company, any current or former Consultant will return the original and all copies of Downline Activity Reports to the Company.
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 Customer, Merchant or Consultant Agreement on file with BodiKore, or who has had such an agreement within the preceding 6 (six) calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, assumed names or fictitious ID numbers to circumvent this policy is prohibited. Consultants shall not demean, discredit or defame other BodiKore Consultants in an attempt to entice another Consultant to become part of the first Consultant’s marketing organization. If a prohibited organization transfer occurs, BodiKore shall take disciplinary action against the Consultant(s) who engaged, acquiesced and/or knowingly participated in the improper cross-sponsoring. However, it shall be entirely within BodiKore’s discretion where in the genealogical structure, the cross-sponsored organization in question shall be placed or otherwise distributed.
Because equities often exist in favor of both up line organizations, CONSULTANTS WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST THE COMPANY FOR ITS DECISION REGARDING THE FINAL DISPOSITION OR PLACEMENT OF THE CROSS SPONSORED ORGANIZATION.
4.9 Errors or Questions
If a Consultant has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Consultant must notify the Consultant Care Department at BodiKore’s headquarters in Meridian, Idaho, in writing, within 15 days of the date of the purported error or incident in question. BodiKore will not be responsible for any errors, omissions or problems not reported to the Company within 15 days.
4.10 Sales Aids Optional
Consultants are not required to carry sales aids. Consultants who do so must make their own decision with regard to these matters. To ensure that Consultants are not encumbered with Company Sales Aids, such Sales Aids may be returned to BodiKore upon the Consultant’s cancellation pursuant to the terms of Section 8.1.
4.11 Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling program. Therefore, Consultants shall not represent or imply that BodiKore or its Compensation Plan have been “approved,” “endorsed” or otherwise sanctioned by any government agency.
All Consultants are required to provide their Social Security Number or Federal Tax Identification Number to BodiKore on the Consultant Application and Agreement.
Upon enrollment, the Company will provide a unique Consultant Identification Number to the Consultant by which he or she will be identified. This number will be used to place orders and track commissions and bonuses.
4.13 Income Taxes
Each Consultant is responsible for paying local, state and federal taxes on any income generated as a Consultant. If a BodiKore business is tax-exempt, the Federal Tax Identification Number must be provided to BodiKore. Every year, BodiKore will provide IRS Form 1099 (non-employee compensation) earnings statement to each U.S. resident who (a) had earnings of over $600 in the previous calendar year or (b) made purchases during the previous calendar year in excess of $5,000 wholesale. BodiKore cannot accept a tax-exempt certificate from a Consultant who resides in a state where tax exempt status is not granted for Direct Sales businesses. Consultants are encouraged to check with their state government before sending a form to BodiKore.
4.14 Independent Contractor Status
Consultants are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between BodiKore and its Consultants does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Consultant. Consultants shall not be treated as an employee for his or her services or for federal or state tax purposes. All Consultants are responsible for paying local, state and federal taxes due from all compensation earned as a Consultant of the Company. The Consultant has no authority (expressed or implied) to bind the Company to any obligation. Each Consultant shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Consultant Agreement Form, and these Policies and Procedures, and applicable laws.
The name of BodiKore and other names as may be adopted by BodiKore are proprietary trade names, trademarks and service marks of BodiKore. As such, these marks are of great value to BodiKore and are supplied to Consultants for their use only in an expressly authorized manner. Use of the BodiKore name on any item not produced by the Company is prohibited except as follows:
Independent BodiKore Consultant
All Consultants may list themselves as an “Independent BodiKore Consultant” in the residential telephone directory (“white pages”) under their own name. Consultants may not place telephone directory display ads in the classified directory (“Yellow Pages”) using BodiKore’s name or logo.
Consultants may not answer the telephone by saying “BodiKore,” “BodiKore Processing,” or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of BodiKore.
Advertising is not limited to print media; it also includes internet advertising and other forms of advertising. It is prohibited for a Consultant to use an internet or email address that utilizes the trade name BodiKore, or includes BodiKore in a portion of the address. It is also prohibited for a Consultant to use any website materials on a website that references or relates to BodiKore that is not authorized in writing by BodiKore. It is also prohibited for a Consultant to place links to unauthorized websites or webpages onto a website or webpage that has been authorized by BodiKore.
4.15 International Marketing
Because of critical legal and tax considerations, BodiKore must limit the marketing and enrollment of BodiKore services and the presentation of the BodiKore business to prospective customers and Consultants located within the 50 United States of America and any other jurisdiction officially opened by BodiKore. Consultants are only authorized to do business in the countries in which BodiKore has announced are open for business in official Company literature.
4.16 Laws and Ordinances
Consultants shall comply with all federal, state and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Consultants because of the nature of their business. However, Consultants must obey those laws that do apply to them. If a city or county official tells a Consultant that an ordinance applies to him or her, the Consultant shall comply with the law.
Consultants shall not enroll or recruit individuals under the age of 18 into the BodiKore program.
4.18 Actions of Household Members or other Individuals
If any member of a Consultant’s household, family, or other affiliated individual engages in any activity that, if performed by the Consultant, would violate any provision of the Agreement, such activity will be deemed a violation by the Consultant and BodiKore may take disciplinary action pursuant to the Statement of Policies against the Consultant.
An exception to the one-business-per-Consultant rule will be considered on a case-by-case basis if two Consultants marry. Requests for exceptions to this policy must be submitted in writing to the Compliance Department.
4.19 Requests for Records
Any request from a Consultant for copies of invoices, agreements, Downline activity reports or other records/reports will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.
Although an BodiKore business is a privately-owned, independently-operated business, the sale, transfer or assignment of an BodiKore business, and the sale, transfer or assignment of an interest in a Business Entity that owns or operates a BodiKore Consultant business, is subject to certain limitations. If a Consultant wishes to sell his or her BodiKore business, or interest in a Business Entity that owns or operates a BodiKore business, the following criteria must be met:
• The selling Consultant must offer BodiKore the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. BodiKore shall have fifteen days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
• The buyer or transferee must become a qualified Consultant. Before the sale, transfer or assignment can be finalized and approved by BodiKore, any debt obligations the selling party has with BodiKore must be satisfied.
• The selling party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a BodiKore Consultant business.
Prior to selling a Business Entity interest, the selling party must notify BodiKore’s Compliance Department in writing and advise of his or her intent to sell BodiKore’s business or Business Entity interest. The selling party must also receive written approval from the Compliance Department before proceeding with the sale.
4.21 Separation of a BodiKore Consultant Business
In the event of dissolution of marriage of a BodiKore Consultant, and a spouse, arrangements must be made to assure that any division of the business assets is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other Consultants and the Company, BodiKore may be forced to involuntarily terminate the Consultant Agreement.
During the pendency of a divorce or dissolution, the Company shall treat the business according to the status quo as existed prior to the filing of the divorce or dissolution.
Under no circumstances will the Downline Organization of divorcing spouses be divided. Similarly, under no circumstances will BodiKore split commission and bonus checks between divorcing spouses. BodiKore will recognize only one Downline Organization and will issue only one commission check per BodiKore business per commission cycle. Commission checks shall always be issued to the individual whose name appears on the Consultant Agreement.
All active Consultants in good standing have the right to sponsor and enroll others into BodiKore. Each prospective Consultant has the ultimate right to choose his or her own sponsor. If two Consultants claim to be the sponsor of the same new Consultant, the Company shall regard the first application received by the Company as controlling.
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices.
Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. While you may not consider yourself a “telemarketer” in the traditional sense of the word, these regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation).
Therefore, Consultants must not engage in telemarketing relative to the operation of their BodiKore businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a BodiKore product or service, or to recruit them for the BodiKore opportunity. “Cold calls” made to prospective customers or Consultants that promote either BodiKore’s products or services or the BodiKore opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Consultant (a “prospect”) is permissible under the following situations:
• If the Consultant has an established business relationship with the prospect. An “established business relationship” is a relationship between a Consultant and a prospect based on the prospect’s purchase, rental or lease of goods or services from the Consultant, or a financial transaction between the prospect and the Consultant, within the 18 months immediately preceding the date of a telephone call to induce the prospect’s purchase of a product or service.
• The prospect’s personal inquiry or application regarding a product or service offered by the Consultant within the three months immediately preceding the date of such a call.
• If the Consultant receives written and signed permission from the prospect authorizing the Consultant to call. The authorization must specify the telephone number(s) that the Consultant is authorized to call.
• You may call family members, personal friends and acquaintances. An “acquaintance” is someone with whom you have at least a recent first-hand relationship (i.e., you have recently personally met him or her). Bear in mind, however, that if you make a habit of “card collecting” with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice.
In addition, Consultants shall not use automatic telephone dialing systems relative to the operation of their BodiKore businesses. The term “automatic telephone dialing system” means equipment which has the capacity to (a) store or produce telephone numbers to be called using a random or sequential number generator and (b) to dial such numbers.
5. RESPONSIBILITIES OF CONSULTANTS
To ensure timely delivery of products, support materials and commission checks, it is critically important that BodiKore’s files are current. Consultants planning to move should email BodiKore corporate office, at Compliance@bodikore.com their new address and telephone numbers. To guarantee proper delivery, two-weeks advance notice to BodiKore is recommended on all changes.
5.2 Continuing Development Obligations
Any Consultant who sponsors another Consultant into BodiKore must perform a bona fide assistance and training function to ensure that his or her Downline is properly operating his or her BodiKore business. Consultants must have ongoing contact and communication with the Consultants in their Downline Organizations. Examples of such contact and communication may include, but are not limited to, newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail and the accompaniment of Downline Consultants to BodiKore meetings, training sessions, and other functions.
Up line Consultants are also responsible to motivate and train new Consultants in BodiKore product knowledge, effective sales techniques, the BodiKore Compensation Plan and compliance with Company Policies and Procedures. Communication with and the training of Downline Consultants must not, however, violate Section 4.2 (regarding the development of Consultant-produced sales aids and promotional materials). Consultants cannot charge for training.
Upon request, every Consultant should be able to provide documented evidence to BodiKore of his or her ongoing fulfillment of the responsibilities of a sponsor.
5.2.2 Increased Training Responsibilities
As Consultants progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge and understanding of the BodiKore program. They will be called upon to share this knowledge with lesser-experienced Consultants within their organization.
5.2.3 Ongoing Sales Responsibilities
Regardless of their level of achievement, Consultants have an ongoing obligation to continue to personally promote sales through the generation of new customers or merchants and through servicing their existing customers or merchants.
BodiKore wants to provide its Consultants with the best products, compensation plan and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the BodiKore corporate offices. While BodiKore welcomes constructive input, negative comments and remarks made in the field by Consultants about the Company, its products or Compensation Plan serve no purpose other than to sour the enthusiasm of other BodiKore Consultants. For this reason, and to set the proper example for their Downline, Consultants must not disparage, demean or make negative remarks about BodiKore, other BodiKore Consultants, BodiKore’s services, the Compensation Plan or BodiKore’s directors, officers or employees.
5.4 Providing Documentation to Applicants
Consultants must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Consultants before the applicant signs an Consultant Agreement. Additional copies of Policies and Procedures can be found on the BodiKore website at mannasourceinternational.com, or in your business center under the forms section.
5.5 Reporting Policy Violations
Consultants observing a policy violation by another Consultant should submit a written report of the violation directly to the attention of the BodiKore Compliance Department. Details of the incident(s), such as dates, number of occurrences, persons involved and any supporting documentation, should be included in the report.
The BodiKore Compensation Plan is based upon the sale of BodiKore products and services to end user consumers. Consultants must fulfill personal and Downline organization sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement.
6.2 Retail Sales
BodiKore wants to ensure that prices for its products and services are not destabilized when sold through a retailing environment. Therefore, Products sold in a retail environment will be subject to a minimum advertised retail price. The minimum advertised price of BodiKore’s products sold in a retail environment (such as a grocery store, eBay, convenience store, market, etc.) is listed on the BodiKore website. Any Consultant who knowingly fails to honor the minimum price set by BodiKore for its products and services will be subject to termination.
Sales of BodiKore products through on-line auction sites, such as Ebay are prohibited, unless such sale is done using a fixed price which is not below the minimum advertised retail price.
6.3 Territory Restrictions
There are no exclusive territories granted to anyone. No franchise fees are required.
A Consultant must be active and in compliance with the Agreement and these policies to qualify for bonuses and commissions. So long as a Consultant complies with the terms of the Agreement and these policies, BodiKore shall pay commissions to such Consultant in accordance with the Compensation Plan.
7.2 Commission Payments and Promotions
Commissions will be mailed out in accordance with the Compensation Plan. Commissions will be calculated according to the level for which a Consultant actually satisfied all of the requirements according to the Compensation Plan rather than the highest rank or title achieved. Commission reports will be provided to Consultants on-line, via web access.
Promotions are determined based on business organization and sales activity for each applicable period.
7.3 Adjustment to Bonuses and Commissions
Consultants receive bonuses and commissions based on the actual enrollment for services to merchants. When a service is cancelled and refund is authorized by the Company, the bonuses and commissions attributable to the refunded service(s) will be deducted in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered from the Consultants who received bonuses and commissions on the sales of the refunded service(s).
7.4 Unclaimed Commissions and Credits
Consultants must deposit or cash commission and bonus checks within six months from their date of issuance. A check that remains uncashed after six months will be void. There shall be a $25.00 charge for reissuing a check. These charges shall be deducted from the balance owed to the Consultant.
All information provided by BodiKore in online or telephonic 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; and credit card and electronic check charge-backs, the information is not guaranteed by BodiKore or any persons creating or transmitting the information. All personal and group sales volume information is provided “as is” without warranties, expressed 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, BodiKore and/or other persons creating or transmitting the information will in no event be liable to any Consultant 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 BodiKore 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, BodiKore or other persons creating or transmitting the information shall have no responsibility or liability to you or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions related thereto.
Access to and use of BodiKore’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 BodiKore’s online reporting services and your reliance upon the information.
Personal service and retail sales to the customer and merchant are the foundation of BodiKore. The entire commission structure is based upon volume of retail sales referred by the individual Consultant as well as their entire organization.
8.2 Voluntary Cancellation of Contract
Requests by a BodiKore Consultant to return their sales aids for a refund will be treated as a request to voluntarily cancel that Consultant business. If a Consultant wishes to return sales aids purchased within the last three-month period, the Company shall repurchase the sales aids and the Consultant’s Agreement shall be canceled. A Consultant may only return sales aids purchased by him or her that are in new and resalable condition.
Upon receipt of the sales aids, the Consultant will be reimbursed 90% of the cost of the original purchase price(s), not to include shipping and handling charges. If the purchases were made through a credit card, the refund will be credited back to the same account.
• Consultant must inform the company of intent to exercise the sales aid buy-back option within 10 business days of resignation notice.
• All products to be returned for refund under this provision must be approved in advance of shipment to BodiKore, by calling the Customer Services Department.
• Consultant will be asked to submit invoices detailing the sales aid items to be returned.
• Upon approval from the company, returns may be sent to the company’s headquarters and must be accompanied by an invoice copy for each item.
8.3 Montana Residents
A Montana resident may cancel his or her Consultant Agreement within 15 days from the date of enrollment and may receive a full refund within such time period for good and resalable sales aids or trainings that have not been attended.
Violation of the Agreement, these Policies and Procedures or any illegal, fraudulent, deceptive or unethical business conduct by a Consultant may result, at BodiKore’s discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the Consultant to take immediate corrective measures;
• Imposition of a fine, which may be withheld from bonus and commission checks;
• Loss of rights to one or more bonus and commission checks;
• The withholding from a Consultant of all or part of the Consultant’s bonuses and commissions during the period that BodiKore is investigating any conduct allegedly in violation of the Agreement. If a Consultant’s business is canceled for disciplinary reasons, the Consultant will not be entitled to recover any commissions withheld during the investigation period;
• Suspension of the individual’s Consultant Agreement for one or more pay periods;
• Involuntary termination of the offender’s Consultant Agreement;
• Any other measure expressly allowed within any provision of the Agreement or that BodiKore deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Consultant’s policy violation or contractual breach; or
• In situations deemed appropriate by BodiKore, the Company may institute legal proceedings for monetary and/or equitable relief.
9.2 Grievances and Complaints
When a Consultant has a grievance or complaint with another Consultant regarding any practice or conduct in relationship to their respective BodiKore businesses, the complaining Consultant 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 up line sponsor. If the matter cannot be resolved, it must be reported in writing to the Company. The Company will review the facts and determine if a policy violation has occurred and take appropriate action.
Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or other recognized arbitration service, under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Consultants waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the County of Ada, Idaho, unless the laws of the state 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.
All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions, with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party, OR 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 arbitration shall survive any termination or expiration of the Agreement.
Nothing in these Policies and Procedures shall prevent BodiKore 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 BodiKore’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.
9.4 Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside in Ada County, State of Idaho. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Idaho shall govern all other matters relating to or arising from the Agreement.
Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
10. INACTIVITY AND CANCELLATION
So long as a Consultant remains active and complies with the terms of the Consultant Agreement and these Policies and Procedures, BodiKore shall pay commissions to such Consultant in accordance with the Compensation Plan. A Consultant’s bonuses and commissions constitute the entire consideration for the Consultant’s efforts in generating sales and all activities related to generating sales (including building a Downline Organization). Following a Consultant’s termination for inactivity, or voluntary or involuntary termination of his or her Consultant Agreement (all of these methods are collectively referred to as “termination”), the former Consultant shall have no right, title, claim or interest to the marketing organization that he or she operated, or any commission or bonus from the sales generated by the organization.
A Consultant whose business is terminated will lose all rights as a Consultant. This includes the right to sell BodiKore products and services and the right to receive future commissions, bonuses or other income resulting from the sales and other activities of the Consultant’s former Downline sales organization. In the event of termination, Consultants agree to waive all rights they may have, including but not limited to property rights, to their former Downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former Downline organization.
Following a Consultant’s termination of his or her Consultant Agreement, the former Consultant shall not hold himself or herself out as a BodiKore Consultant. A Consultant whose Consultant Agreement is terminated shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
10.2 Involuntary Termination
A Consultant’s violation of any of the terms of the Agreement, including any amendments that may be made by BodiKore in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary termination of his or her Consultant Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed or delivered to an express courier to the Consultant’s last known address (or fax number), or to his or her attorney, or when the Consultant receives actual notice of termination, whichever occurs first.
A Consultant has a right to cancel, at any time, regardless of reason. Termination must be submitted in writing to the Company at its principal business address. The written notice must include the Consultant’s signature, printed name, and address and Consultant ID number. Consultants who have resigned may re-apply to become a Consultant with BodiKore after six months. A Consultant’s position is subject to termination due to inactivity (i.e., merchant enrollments, no commissions, no sponsoring; and no attendance at any BodiKore functions, participation in any other form of Consultant activity, or operation of any other BodiKore business) after being inactive for six full calendar months.
A Consultant may also voluntarily cancel his or her Consultant Agreement by failing to maintain the Agreement annually. The Company may also elect not to renew a Consultant’s Agreement.
10.5 Complete Agreement
These Policies and Procedures, any and all modifications made by the Company, along with the Terms and Conditions and the Compensation Plan make up the entire agreement between Consultant and Company.
2344 W. Teano Dr
Meridian, ID 83646