Asirvia is a direct sales company with multiple sales channels that provides you with an opportunity to earn income that may be just right for you.
Join as an Affiliate
You can join our Affiliate Program and earn instant commissions and monthly residual income. Our Affiliate Program is ideal for people who like to sell directly to their customers.
Join as an Independent Representative
Asirvia also offers an Independent Representative Program for those people who love to build sales teams and create leverage. Because our Independent Representatives have more responsibility to acquire customers and train and coach new Affiliates, they earn significantly more money than Affiliates do and get paid in more ways as well.
Learn more about our Affiliate & Independent Representative Program Compensation Plan by watching this video:
Asirvia makes every effort to plan for and support your success. Here's what Asirvia has put together to help you succeted...
For approximately $1 a day, you get a complete & proven system to educate, train, reward and empower YOU to successfully manage, master and market your new opportunity with our Affiliate and Independent Representative Programs.
This complete and proven system, through our Asirvia Business Center, includes the Asirvia Backoffice Management System, Asirvia Marketing System, Asirvia Resource Center, and Asirvia Success Club. You will also have full access to the Asirvia Tool Store where you can purchase already done-for-you marketing materials and Asirvia swag.
The Asirvia Business Center has been created just for you with your success as our most important priority.
The Asirvia Vehicle Rewards Program that will pay you a car bonus up to $1,500 a month to put a brand new Audi in your driveway; or you can decide to take the monthly lifestyle bonus of up to $750 dollars a month. The choice is yours!
You can also earn fabulous Getaway Incentives Trips that include all-inclusive resorts and cruises. Nothing beats a much needed and deserved vacation that was paid for by someone else, don't you agree! Here's the best part...
Asirvia makes it easy for you and everyone who joins to earn that vacation! How fun is that!
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree“ to this Agreement, you (“User“) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree“. Please check this Agreement periodically for changes as the owner of this site (“Company“) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User´s use of this site at any time without notice and may do so for any breach of this Agreement.
YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE THIS SITE Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this site. You acknowledge and agree that all content and services available on this site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney´s fees resulting from any non-payment.
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of “commercial computer software“ and “commercial computer software documentation“ as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site´s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we´ll verify it for you.
USER´S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions“) shall forever be the property of the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without copy, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
INTELLECTUAL PROPERTY RIGHTS
1. Copyright The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Company´s prior written permission.
Asirvia name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Asirvia. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
Upon cancellation of an Independent Representative´s Agreement, there are no returns for any sales aids that may have been purchased directly or indirectly from Asirvia. Asirvia does not offer any refund on any services that comprises the Asirvia Business Center. The monthly fee associated with the Asirvia Business Center is mandatory to remain as an active Asirvia Independent Representative. An Independent Representative can cancel the Asirvia Business Center at any time. If an Independent Representative decides to cancel the Asirvia Business Center, services associated with the Asirvia Business Center will remain accessible for the remaining days before the next renewal date.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided “as is“ without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties without regards to this site, the information contained or received through use of this site, and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors´ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney´s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User´s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Company may disclose the User´s identity and a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of New Hampshire, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from New Hampshire, by accessing this site, both you and the Company agree that the statutes and laws of New Hampshire shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of New Hampshire and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. This site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.
Our Commitment to Privacy
What Information Do We Collect?
When you visit our site, we collect two types of information: personal information you actively choose to disclose (“Active Information“) and Use information collected, in a way not visible to you, on an aggregate anonymous basis as you and other users browse our site (“Passive Information“).
1. Personally Identifiable Information
This refers to information that lets us know specifically about you i.e. profile information.
When you register to become an authorized reseller of our products or services, we will collect Personally Identifiable Information (such as name, address, email address, and telephone number). This Personally Identifiable Information is securely stored and may be accessed on our website. You are assigned an identification number and select your own password – both are needed to enter the Site and to access your Contact Information. Please safeguard your password in a secure location as we are not responsible for breaches into the system when access is willingly provided.
When you place an order for products or services, we collect Personally Identifiable Information (such as name, contact and billing information, credit card, and other transactional information). We use this information to deliver your order, process payment, and to communicate the status of your order.
C. Credit Card Storage
Credit card information collected at registration or for product orders is used only to process payment for the transaction and, generally, is not retained on our Site. However, you may voluntarily elect to securely store multiple credit cards to be used for product orders.
D. Surveys and Promotions
Occasionally, you may voluntarily provide Personally Identifiable Information to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and services and to ensure that we´re providing accurate disclosures. We may also use your Personally Identifiable Information to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions & Email options on the Site.
2. Aggregate Information
This refers to information that does not, by itself, identify you as a specific individual. Such information would include the Uniform Resource Locator (“URL“) of the website that referred you to our Site, your Internet Protocol (“IP“) address (a number automatically assigned to your computer whenever you surf the web), your operating system and browser type, and any search terms that you enter on our Site. Our web server aggregates this information in order to monitor the level of activity on our Site, evaluate its effectiveness, and improve the content or our Site in order to make your visit an easy and enjoyable experience.
We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any Personally Identifiable Information with the Aggregate Information that we collect on our Site. If we do correlate any Aggregate Information to you, it will be protected like any other Personally Identifiable Information under this Privacy Statement.
Active Information You Choose to Provide
In order to gain use of the site (become a “user“), we require you to disclose the following information: Name, Address and Phone Number We use secure socket layer (SSL) encryption to protect the transmission of the information you submit to us when you use our secure online forms. The information you provide to us is stored securely.
Passive Information Collected
What is a Cookie?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a site. They are small pieces of data stored by a user´s browser to simplify subsequent interactions with the site. This makes it easier for a user to move from site to site and to complete transactions over the Internet. Cookies should make your online experience easier and more personalized.
Our site utilizes cookies to collect information about how our site is used. Passive Information gathered may include the date and time of visits, the site pages viewed, time spent at our site, the sites visited just before and just after visiting our site. If you do not wish to transmit “cookie“ information about yourself, you may turn off the cookie function in your web browser.
Our site´s servers also automatically identify your computer by its Internet Protocol address, which is a unique string of numbers that are assigned to your computer by your Internet Service Provider. The IP address may be used to address problems with our server or to gather broad demographic information about our users. We passively collect your IP Address.
How Do We Use the Information Collected?
Broadly speaking, persons we employ directly, or as contractors or agents at our direction, use Active Information for purposes of administering our business activities, providing customer support and making available other products or services we think might be of interest to our users. We may use the Active Information or Passive Information you provide to contact you about various changes to our site, new services, features or products we offer. If at any time you do not wish to receive such information, you may “opt-out“ of doing so by adjusting your email settings in the back office of the website. We use Passive Information to gather information about our users and to enhance our site to make it easier, faster and friendlier for users. Additionally, cookies help us better understand the usage pattern of the people that visit our site, which helps us improve our services. Passive Information may result in your viewing of particular advertising based on your user habits.
Your Information In Relation to Others We Link To
You might be able to access other websites through our site via hyperlinks. When you do so, you are subjecting yourself to their privacy policies and data collection. Please read the privacy policies of those sites to ensure you agree with the terms before using such sites.
Sharing Information with Advertisers or Other Third Parties
We may disclose anonymous information about user habits to advertisers on our site. The parties who perform services for us (credit card processors, merchant bank, Internet Service Provider) may also have access to your information in performing such services. Should we buy or sell assets of our company, another company may need to review our company´s assets, which might include your information, to make business decisions as to whether to acquire such assets.
Sharing Information with the Government or As Otherwise Required by Law
We may be required by subpoena, law or government agency to disclose both Active and Passive Information you have provided to us.
How Do We Secure Active Information and Passive Information?
We secure your personal information submitted by you by using reasonable efforts to prevent unauthorized access or disclosure, or accidental loss of Active and Passive Information. Individual postings on this site and other communications to our office via email or standard mail may not be secure unless we advise you that security measures are in place prior to your submission of information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we respectfully request that you do not send or post sensitive information through these means.
Accessing and Correcting Your Information
We take reasonable measures to ensure that any Personally Identifiable Information we collect on our Site is accurate, current, complete, and reliable for its intended use. If you wish to update or otherwise correct Personally Identifiable Information provided to us, you may edit your information online.
Protecting Your Information
We acknowledge your trust and are committed to take reasonable steps to protect Personally Identifiable Information provided from loss, misuse, and unauthorized access. We employ physical, electronic, and managerial processes to safeguard and secure your information. It is your responsibility to safeguard the password you use to access our Site and to promptly advise us if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your identification number and password.
Links to Other Websites
Links to third-party websites may be provided solely for your information and convenience or to provide additional shopping for various other goods and services through our Merchant and Services Partners. If you use these links, you will leave our Site. This Privacy Statement does not cover the information practices of those websites nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.
Children´s Privacy Protection
We take special care to protect the privacy needs of children and encourage parents to be an active participant in their child´s online activities. Our Site does not target and is not intended for children under the age of 18, and we will not knowingly collect Personally Identifiable Information from them. If we discover personal data from a child through our site, we will eliminate that data. You may learn more about protecting children´s privacy online by visiting: http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm.
Changes to This Statement
Any updates or changes to the terms of this Privacy Statement will be posted on our Site and the date of the newest version posted below. Please check back frequently, especially before you submit any Personally Identifiable Information at our Site, to see if this Privacy Statement has changed. By using our Site, you acknowledge acceptance of this Privacy Statement in effect at the time of use.
YOU´RE USE OF OUR SITE MEANS THAT YOU ACCEPT THE PRACTICES SET FORTH IN THIS POLICY. YOU´RE CONTINUED USE INDICATES YOUR AGREEMENT TO THE CHANGES.
SECTION 1 – INTRODUCTION
1.1 Code Of Ethics
1.2 Policies Incorporated Into Independent Representative Agreement
1.3 Changes To The IR Agreement, Policies And Procedures, Or Compensation Plan
1.5 Policies And Provisions Severable
SECTION 2 –BECOMING AN INDEPENDENT REPRESENTATIVE
2.1 Requirements To Become An Independent Representative
2.2 New IR Registration By Internet
2.3 IR Benefits
2.4 Term And Renewal Of AN Asirvia Business
SECTION 3 – INCOME DISCLOSURE POLICY
SECTION 4 – ADVERTISING
4.1 Adherence To The Asirvia Compensation Plan
4.2 Use Of Sales Aid
4.3 Intellectual Property
4.4 Web Policy
4.5 Domain Names And Email Addresses
4.6 Advertised Price
4.7 Generic Business Advertisements
4.8 Media And Media Inquiries
4.9 Unsolicited Email And Fax Communication
SECTION 5 – OPERATING AN Asirvia BUSINESS.
5.1 - Business Entities
5.1.1 Changes to a Business Entity
5.1.2 Change of Sponsor
5.1.3 Change of Placement
5.2 Unauthorized Claims And Action
5.2.2 Endorsement of Asirvia Services
5.3.2 Sale of Competing Goods or Services
5.3.3 Targeting Other Direct Sellers
5.3.4 Privacy and Confidentiality
5.3.5 The Data Management Rule
5.4 Cross Sponsoring
5.5 Governmental Approval Or Endorsement
5.7 Income Taxes
5.8 Independent Contractor Status
5.9 Bonus Buying
5.11 One Asirvia Business Per Independent Representative
5.13 Sale, Transfer, Or Assignment Of AN Asirvia Business
5.14 Separation Of AN Asirvia Business
SECTION 6 - RESPONSIBILITIES OF INDEPENDENT REPRESENTATIVES
6.1 Change Of Address, Telephone No., Email-Address
6.2 Sponsoring Independent Representative Responsibilities
6.2.1 Initial Training
6.2.2 Ongoing Training Responsibilities
6.4 Reporting Policy Violations
SECTION 7 - AUTOMATIC BILLING
SECTION 8 - BONUSES AND COMMISSIONS
8.1 Bonus And Commission Qualifications
8.2 Errors Or Questions
8.3 Bonus Buying Prohibited
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 Disciplinary Sanctions
9.4 Governing Law, Jurisdiction, And Venue
SECTION 10 - EFFECT OF CANCELLATION
10.1 Effect Of Cancellation And Termination
SECTION 11 - DEFINITIONS
Effective December 19, 2016
SECTION 1 – INTRODUCTION
1.1 - Code of Ethics Asirvia (hereafter “Asirvia” or “the Company”) is a values-based company that prides itself on the quality and character of its Independent Representatives (hereinafter “Independent Representative” or “IR”). The following guidelines help ensure a uniform standard of excellence throughout our organization. Every Asirvia Independent Representative is expected to practice the following ethical behavior when acting in the name of the company:
1.2 - Policies Incorporated into Independent Representative Agreement These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of Asirvia, are incorporated into, and form an integral part of, the Asirvia Independent Representative Agreement (hereafter “IR Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Asirvia Independent Representative Agreement, these Policies, and the Asirvia Compensation Plan. These documents are incorporated by reference into the IR Agreement (all in their current form and as amended by Asirvia). It is the responsibility of each Independent Representative to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new Independent Representative, it is the responsibility of the sponsoring Independent Representative to provide the most current version of these Policies and Procedures prior to his or her execution of the IR Agreement.
1.3 - Changes to the IR Agreement, Policies and Procedures, or Compensation Plan Because federal, state, and local laws, as well as the business environment, periodically change, Asirvia reserves the right to amend the Agreement and the prices in its Asirvia Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Asirvia Materials. Amendments shall be effective upon publication in Official Asirvia Materials, including but not limited to, posting on Asirvia’s website, e-mail distribution, publication in Asirvia’s newsletter, product inserts, or any other commercially reasonable method. The continuation of an Independent Representative’s Asirvia business or an Independent Representative’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.The ability to modify the agreement does not extend to the dispute resolution section in these Policies (Section 9), as those provisions can only be modified by way of mutual consent.
1.4 - Delays Asirvia shall not be responsible for delays and 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, flood, and death, curtailment of a party’s source of supply, or government decrees or orders.
1.5 –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.
1.6 –Waiver The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of Asirvia to exercise any right or power under the Agreement or to insist upon strict compliance by an Independent Representative 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 Asirvia’s right to demand exact compliance with the Agreement. Waiver by Asirvia can be effectuated only in writing by an authorized officer of the Company.
SECTION 2 – BECOMING AN INDEPENDENT REPRESENTATIVE
2.1 - Requirements to Become an Independent Representative
To become an Asirvia Independent Representative, each applicant must:
2.2 - New Independent Representative Registration by the Internet and Facsimile A prospective Independent Representative may self-enroll on the sponsor’s web site. In such event, instead of a physically signed IR Agreement, Asirvia will accept the agreement by accepting the “electronic signature” stating the new Independent Representative has accepted the terms and conditions of the IR Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Independent Representative and Asirvia. Faxed agreements must include both the front and back of the IR Agreement.
2.3 - Independent Representative Benefits
Once an IR Agreement has been accepted by Asirvia, the benefits of the Compensation Plan and the IR Agreement are available to the new Independent Representative. These benefits include the right to:
2.4–Terms and Renewal of an Asirvia Business
An Independent Representative must renew their Independent Representative status annually. If the former Independent Representative re-activates within the sixty-day time limit, the Independent Representative will resume the rank and position held immediately prior to the expiration of the IR Agreement. However, such Independent Representative’s paid as level will not be restored unless he or she qualifies at that payout level in the new month. The Independent Representative is not eligible to receive commissions for the time period that the Independent Representative’s business was expired. Any Independent Representative whose agreement has expired and lapsed the sixty (60) day grace period is not eligible to reapply for a Asirvia business for twelve (12) months following the expiration of the IR Agreement. Any Independent Representative terminated by Asirvia may not reapply to do business for twelve (12) months from their termination date. The downline of the expired Independent Representative will roll up to the immediate, active upline sponsor.
SECTION 3 – INCOME DISCLOSURE POLICY
In an effort to conduct best business practices, Asirvia has developed the Income Disclosure Statement (“IDS”). The Asirvia IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Asirvia Independent Representatives earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Independent Representatives. A copy of the IDS must be presented to a prospective Independent Representative (someone who is not a party to a current Asirvia IR Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made. The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Independent Representative earned over a million dollars last year” or “Our average ranking Independent Representative makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher ranking Independent Representatives is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.” In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claim is made, you must provide every prospective Independent Representative with a copy of the IDS. Copies of the IDS may be printed or downloaded without charge from the company website at www.asirvia.com /IDS.
SECTION 4 – ADVERTISING
4.1 - Adherence to the Asirvia Compensation Plan
Independent Representatives must adhere to the terms of the Asirvia Compensation Plan as set forth in Official Asirvia Materials. Independent Representatives shall not offer the Asirvia opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official Asirvia Materials. Independent Representatives shall not require or encourage other current or prospective customers or Independent Representatives to participate in Asirvia in any manner that varies from the program as set forth in Official Asirvia Materials. Independent Representatives shall not require or encourage other current or prospective customers or Independent Representatives to execute any agreement or contract other than official Asirvia agreements and contracts in order to become an Asirvia Independent Representative. Similarly, Independent Representatives shall not require or encourage other current or prospective customers or Independent Representatives to make any purchase from, or payment to, any individual or other entity to participate in the Asirvia Compensation Plan other than those purchases or payments identified as recommended or required in Official Asirvia Materials.
4.2 - Use of Sales Aids
To promote both the services and the opportunity Asirvia offers, Independent Representatives must use the sales aids and support materials produced by Asirvia. If Asirvia Independent Representatives develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Independent Representatives’ good intentions, they may unintentionally violate any number of statutes or regulations affecting an Asirvia business. These violations, although they may be relatively few in number, could jeopardize the Asirvia opportunity for all Independent Representatives. Accordingly, Independent Representatives must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the Independent Representative receives specific written approval to use the material, the request shall be deemed denied. All Independent Representatives shall safeguard and promote the good reputation of Asirvia and its services. The marketing and promotion of Asirvia, the Asirvia opportunity, the Compensation Plan, and Asirvia services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.3 -Intellectual Property
Asirvia will not allow the use of its trade names, trademarks, designs, or symbols outside of corporate produced and approved sales aids by any person, including Asirvia Independent Representatives, without prior written authorization from Asirvia. Furthermore, no Independent Representative may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Independent Representative without prior written consent from the named Independent Representative. This consent must be on file with Asirvia’s Compliance department prior to any use.
4.4 –Web Policy
If an Independent Representative desires to utilize an Internet web page to promote his or her business, he or she may do so through Company authorized services only.
4.6 - Advertised Price
You may not advertise any of Asirvia’s services at a price LESS than the highest company published price of the equivalent service. No special enticement advertising is allowed. This includes but is not limited to offers of free membership or other such offers that grant advantages beyond those available through the Company.
4.7 - Generic Business Advertisements
If you advertise via newspaper or other advertising venues, the following rules apply:
4.8 -Media and Media Inquiries
Independent Representatives must not initiate any interaction with the media or attempt to respond to media inquiries regarding Asirvia, its services, or their independent Asirvia business. All inquiries by any type of media must be immediately referred to Asirvia’s Compliance department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as a proper public image.
4.9 - Unsolicited Email and Fax Communication
Asirvia does not permit Independent Representatives to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by an Independent Representative that promotes Asirvia, the Asirvia opportunity, or Asirvia services, must comply with the following:
SECTION 5 – OPERATING AN Asirvia BUSINESS.
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be an Asirvia Independent Representative by submitting an Asirvia Independent Representative Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement or trust documents (these documents are collectively referred to as the “Entity Documents”) to Asirvia. An Asirvia business may change its status under the same Sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. To do so, the Independent Representative(s) must provide the Entity Documents to Asirvia. The Independent Representative Application must be signed by all of the shareholders, partners or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Asirvia.
5.1.1 - Changes to a Business Entity
Each Independent Representative must immediately notifyAsirvia of any changes to the type of business entity they utilize in operating their Asirvia business, and the addition or removal of business associates. An Asirvia business may change its status under the same sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. The IR Agreement form must be signed by all of the shareholders, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to Asirvia.
5.1.2 - Change Of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all Independent Representatives, Asirvia rarely allows changes in sponsorship, with the rare exception of direct line changes (meaning placement is not affected). A direct line change request must be made by submitting a completed Sponsor Change Request Form within a seven (7) day period from the date of enrollment, and must come from the current listed sponsor.
5.1.3 - Change Of Placement
A request for change of placement must be submitted within seven (7) days of the date of enrollment and must be requested by the current listed sponsor. An Independent Representative can only be moved inside of the same sponsor’s organization. If approved, an Independent Representative is placed in the first available open bottom position on the date that the change is made. Independent Representatives who have earned commissions or achieved rank are not eligible for placement changes. Please note that decisions made for any change request (sponsor or placement) are at the sole discretion of Asirvia.
5.2 - Unauthorized Claims and Action
5.2.1 - Indemnification
An Independent Representative is fully responsible for all of his or her verbal and/or written statements made regarding Asirvia services and the Compensation Plan, which are not expressly contained in Official Asirvia Materials. Independent Representatives agree to indemnify Asirvia and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Asirvia as a result of the Independent Representative’s unauthorized representations or actions. This provision shall survive the cancellation of the IR Agreement.
5.2.2 –Endorsements of Asirvia Services
No claims as to any services offered by Asirvia may be made except those contained in Official Asirvia Materials.
5.3 - Conflicts
5.3.1 – Non- solicitations
Asirvia Independent Representatives are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “Network Marketing”). However, during the term of this Agreement, Independent Representatives may not directly or indirectly recruit other Asirvia Independent Representatives or Customers other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of a IR Agreement, and for a period of one (1) calendar year thereafter, with the exception of an Independent Representative who is personally sponsored by the former Independent Representative, a former Independent Representative may not recruit any Asirvia Independent Representative or Customer for another Network Marketing business.
5.3.2 - Sale of Competing Goods or Services
During this agreement and for six (6) months thereafter, Independent Representatives must not sell, or attempt to sell, any competing non-Asirvia programs or services to Asirvia Customers or Independent Representatives. Any program, product, service, or direct selling opportunity in the same generic categories as the Asirviaservices are deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
5.3.3 - Targeting Other Direct Sellers
Should Independent Representatives engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Asirvia services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Independent Representative alleging that they engaged in inappropriate recruiting activity of its sales force or Customers, Asirvia will not pay any of Independent Representative’s defense costs or legal fees, nor will Asirvia indemnify the Independent Representative for any judgment, award, or settlement.
5.3.4 - Privacy and Confidentiality
5.3.5- The Data Management Rule
The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all Independent Representatives, as well as Asirvia. LOS information is information compiled by Asirvia that discloses or relates to all or part of the specific arrangement of sponsorship within the Asirvia business, including, without limitation, Independent Representative lists, sponsorship trees, and all Independent Representative information generated therefrom, in its present and future forms. The Asirvia LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. Asirvia is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by Asirvia and its Independent Representatives. Through this Rule, Independent Representatives are granted a personal, non-exclusive, non-transferable and revocable right by Asirvia to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the Independent Representative stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of Asirvia, such is necessary to protect the confidentiality or value of Proprietary Information. All Independent Representatives shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof.
5.4 -Cross Sponsoring
Actual or attempted cross-group sponsoring is strictly prohibited. “Cross-group sponsoring” is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current customer number or IR Agreement on file with Asirvia, or who has had such an agreement within the preceding twelve (12) calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal Tax Identification Numbers or fictitious identification numbers to circumvent this policy is prohibited. This policy shall not prohibit the transfer of a Asirvia business in accordance with the “Sale, Transfer or Assignment of Asirvia Business” section of these Policies and Procedures.
5.5 -Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Independent Representatives shall not represent or imply that Asirvia or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
All Independent Representatives are required to provide their Social Security Number, Federal Employer Identification Number, or their Government Issued ID Number to Asirvia either on the IR Agreement or at the company’s request. Upon enrollment, the Company will provide a unique Independent Representative Identification Number to the Independent Representative by which they will be identified. This number will be used to place orders and track commissions and bonuses.
5.7 - Income Taxes
Every year, Asirvia will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident as required by the Internal Revenue Service. Each Independent Representative is responsible for paying local, state and federal taxes on any income generated as an Independent Representative. If an Asirvia business is tax exempt, the Federal Tax Identification Number must be provided to Asirvia. Any Independent Representative that does not provide a valid social security number is subject to the federal backup withholding laws and 28% of their commissions and bonus will be withheld and submitted to the IRS.
5.8 - Independent Contractor Status
You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an Independent Representative. You have no authority to bind Asirvia to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent Asirvia Business or the acquisition, receipt, holding, selling, distributing or advertising of Asirvia’s services or opportunity. Independent Representatives may not answer the telephone by saying “Asirvia,” “Asirvia Incorporated,” or by any other manner that would lead the caller to believe that they have reached Asirvia’s corporate offices. An Independent Representative may only represent that he/she is an Asirvia Independent Representative. Therefore, all correspondence and business cards relating to or in connection with an Independent Representative’s Asirvia business shall contain the Independent Representative’s name followed by the term “Independent Representative.”
Paying the membership fees solely for the purpose of collecting bonuses or achieving rank is prohibited.
5.10 – Stacking
Stacking is the unauthorized manipulation of the Asirvia compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Independent Representative in an unearned manner. One example of stacking occurs when a sponsor places participants under an inactive downline participant (who may not know or have any relationship with the clients) in order to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of Independent Representatives within a downline organization in order to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the Independent Representative’s positions of all individuals found to be directly involved.
5.11 - One Asirvia Business per Independent Representative
An Independent Representative may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Asirvia business. No individual may have, operate or receive compensation from more than one Asirvia business. Individuals of the same family unit may each enter into or have an interest in their own separate Asirvia businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.
5.12 - Succession
Upon the death or incapacitation of an Independent Representative, their business may be passed to a designated heir(s). Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Whenever an Asirvia business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Independent Representative’s marketing organization provided the following qualifications are met. The successor(s) must:
5.13 - Sale, Transfer, or Assignment of an Asirvia Business
Although an Asirvia business is a privately owned, independently operated business, the sale, transfer or assignment of an Asirvia business is subject to certain limitations. If an Independent Representative wishes to sell their Asirvia business, the following criteria must be met:
5.14 - Separation of an Asirvia Business
Asirvia Independent Representatives sometimes operate their Asirvia businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation, partnership, or trust (the latter three entities are collectively referred to herein as “entities”) may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other Independent Representatives and the Company in a timely fashion, Asirvia will involuntarily terminate the IR Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
All Active Independent Representatives in good standing have the right to sponsor and enroll others into Asirvia. Each prospective customer or Independent Representative has the ultimate right to choose his or her own Sponsor. If two Independent Representatives claim to be the Sponsor of the same new Independent Representative or customer, the Company shall regard the first application received by the Company as controlling.
SECTION 6 – RESPONSIBILITIES OF INDEPENDENT REPRESENTATIVES
6.1 - Change of Address, Telephone, Email-Address To ensure timely communications, delivery of support materials and commission checks, it is critically important that the Asirvia’s files are current. Independent Representatives planning to move or change their email address must submit an amended IR Agreement complete with the new information.
6.2 – Sponsoring Independent Representative Responsibilities
6.2.1 – Initial Training
Any Independent Representative who sponsors another Independent Representative into Asirvia must perform a bona fide assistance and training function to ensure that their downline is properly operating their Asirvia business. Independent Representatives must provide the most current version of the Policies and Procedures, the Income Disclosure Statement, and Compensation Plan to individuals whom they are sponsoring to become Independent Representatives before the applicant signs an IR Agreement.
6.2.2 – Ongoing Training Responsibilities
Independent Representatives must monitor the Independent Representatives in their downline organizations to ensure that downline Independent Representatives do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Independent Representative should be able to provide documented evidence to Asirvia of their ongoing fulfilment of the responsibilities of a Sponsor.
6.3 – Non disparagement
Independent Representatives must not disparage, demean, or make negative remarks about Asirvia, other Asirvia Independent Representatives, Asirvia’s services, the Compensation plan, or Asirvia’s owners, board members, directors, officers, or employees.
6.4 - Reporting Policy Violations
Independent Representatives observing a Policy violation by another Independent Representative should submit a written report of the violation directly to the attention of the Asirvia Compliance department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.
SECTION 7 – AUTOMATIC BILLING
7.1 - Billing
The membership program is automatically renewed each month with a credit or debit card maintained on file with Asirvia. The Independent Representative may make adjustments to their monthly subscription in the back office of the Asirvia website.
SECTION 8 –COMMISSIONS AND REFUND POLICY
8.1 - Bonus and Commission Qualifications In order to qualify to receive commissions and bonuses, an Independent Representative must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. An Independent Representative will qualify to receive commissions and bonuses so long as he/she produces one personal membership sale each month or maintains a personal membership in good standing for himself/herself. An Independent Representative is not required to maintain a personal membership but may do so if desired for purposes of this section.
8.2 - Errors or Questions
If an Independent Representative has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Independent Representative must notify Asirvia in writing within thirty (30) days of the date of the purported error or incident in question. Asirvia will not be responsible for any errors, omissions, or problems not reported to the Company within thirty (30) days.
8.3 - Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an IR Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Independent Representative or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Independent Representatives or Customers (“phantoms”); (d) purchasing Asirvia services on behalf of another Independent Representative or Customer, or under another Independent Representative’s or Customer’s ID number, to qualify for commissions or bonuses; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
8.4 - Reports
All information provided by Asirvia, including but not limited to personal sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments, an Independent Representative whose IR Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation). An Asirvia participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address, or via email to Asirvia.
8.5 – Refund Policy
Asirvia Customers: There are no refunds for any of our GO SERVICES. This is a monthly service subscription. You can cancel at any time. If you decide to cancel, your GO SERVICES will remain active for 30 days following your next renewal date.
Asirvia Independent Representatives: Asirvia does not offer any refund on any services that comprises the Asirvia Business Center. The monthly fee associated with the Asirvia Business Center is mandatory to remain as an active Asirvia Independent Representative. An Independent Representative can cancel the Asirvia Business Center at any time. If an Independent Representative decides to cancel the Asirvia Business Center, services associated with the Asirvia Business Center will remain accessible for the remaining days before the next renewal date.
SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by an Independent Representative that, in the sole discretion of the Company, may damage its reputation or goodwill (such damaging act or omission need not be related to the Independent Representative’s Asirvia business), may result, at Asirvia’s discretion, in one or more of the following corrective measures:
9.2 - Mediation
Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in West Lebanon, NH, and shall last no more than two (2) business days.
9.3 - Arbitration
If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Independent Representatives waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Lebanon, New Hampshire. 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 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 arbitration shall survive any termination or expiration of the Agreement. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
Nothing in these Policies and Procedures shall prevent Asirvia 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 Asirvia’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 exclusively in New Hampshire. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of New Hampshire shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this Agreement, residents of the State of Louisiana shall be entitled to bring an action against Asirvia in their home forum and pursuant to Louisiana law.
SECTION 10 – EFFECT OF CANCELLATION
10.1- Effect of Cancellation and Termination
So long as an Independent Representative remains active and complies with the terms of the Independent Representative Agreement and these Policies, Asirvia shall pay commissions to such Independent Representative in accordance with the Compensation Plan. An Independent Representative’s bonuses and commissions constitute the entire consideration for the Independent Representative’s efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following an Independent Representative’s non-continuation of his or her IR Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her IR Agreement (all of these methods are collectively referred to as “Cancellation”), the former Independent Representative shall have no right, title, claim or interest to the downline organization which he or she operated, or any commission or bonus from the sales generated by the organization. Independent Representatives waive any and all rights, including, but not limited to, property rights, in the downline which they may have had. Following an Independent Representative’s cancellation of his or her IR Agreement, the former Independent Representative shall not hold him or herself out as an Asirvia Independent Representative and shall not have the right to sell Asirvia products or services. An Independent Representative whose IR Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation). An Asirvia participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address, or via email to Asirvia. The written notice must include the Independent Representative’s signature, printed name, address, and Independent Representative ID Number.
An Independent Representative may also voluntarily cancel their IR Agreement by failing to pay the renewal fee. Independent Representatives have a sixty (60) day grace period to get back into compliance for failure to pay the administrative fee.
SECTION 11 – DEFINITIONS
AGREEMENT: The contract between the Company and each Independent Representative; includes the IR Agreement, the Asirvia Policies and Procedures, and the Asirvia Compensation Plan, all in their current form and as amended by Asirvia in its sole discretion. These documents are collectively referred to as the “Agreement.” CANCEL: The termination of an Independent Representative’s business. Cancellation may be either voluntary, involuntary, or through non-renewal. COMPENSATION PLAN: The guidelines and referenced literature for describing how Independent Representatives can generate commissions and bonuses. CUSTOMER: A Customer who purchases Asirvia services and does not engage in building a business or selling the service. INDEPENDENT REPRESENTATIVE: An individual who purchases product, generates sales and business building commissions. LINE OF SPONSORSHIP (LOS): A report generated by Asirvia that provides critical data relating to the identities of Independent Representatives, sales information, and enrollment activity of each Independent Representative’s organization. This report contains confidential and trade secret information which is proprietary to Asirvia. ORGANIZATION: The Customers and Independent Representatives placed below a particular Independent Representative. OFFICIAL Asirvia MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Asirvia to Independent Representatives. PLACEMENT: Your position inside your Sponsor’s organization. RECRUIT: For purposes of Asirvia’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Asirvia Independent Representative or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity. SPONSOR: An Independent Representative who enrolls a Customer or another Independent Representative into the Company, and is listed as the Sponsor on the IR Agreement. The act of enrolling others and training them to become Independent Representatives is called “sponsoring.” UPLINE: This term refers to the Independent Representative or Independent Representatives above a particular Independent Representative in a sponsorship line up to the Company. It is the line of sponsors that links any particular Independent Representative to the Company.
INDEPENDENT REPRESENTATIVE AGREEMENT
Section I: Acceptance of the Agreement
Welcome to the Asirvia business. Please read the Asirvia Independent Representative Agreement and Policies and Procedures carefully, collectively referred to as "IR Agreement."
Section II: E-Sign Notice- Consent to Electronic Record
E-Sign, the Electronic Signatures in Global and National Commerce Act (15 U.S.D. 7001, et seq.), requires that you consent to entering into an electronic agreement with Asirvia before an Asirvia Independent Representative Agreement can be executed.
Please read the following information carefully:
* To access these documents and submit your online Independent Representative Application, you will need a personal computer or Mac with Internet access and operational Internet browser software.
Section III: IRS W9 Information
The Tax ID number must match the name as shown on your income tax return to avoid backup withholding. For individuals, this is your social security number.
Please verify the information submitted on your enrollment form. If correct, acknowledge by checking the box below, which will serve as your digital signature. For further information, please see the official IRS W9 form instructions: http://www.irs.gov/pub/irs-pdf/fw9.pdf
Under penalties of perjury, I certify that:
* The information submitted is correct
* You are not an exempt payee (generally, individuals, sole proprietors are not exempt from backup withholding)
* The IRS has not notified you that you are currently subject to backup withholding
* I am a U.S. citizen or U.S. resident alien (individual/sole proprietor)
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1. Authorization and Contract. By executing the Asirvia Independent Representative Agreement (“IR Agreement” or “Agreement”), you apply for legal authorization to become an Asirvia business owner and enter into contract with True Solutions Network, LLC, hereinafter “Asirvia.” You acknowledge that prior to signing you have received, read and understood the Asirvia Income Disclosure Statement, that you have read and understood the Asirvia Policies and Procedures, which are incorporated into this IR Agreement and made part of it as if restated in full, as posted on www.asirvia.com, and that you have read and agree to all terms set forth in this Agreement. Asirvia reserves the right to reject any application for any reason within thirty (30) days of receipt.
2. Expiration, Renewal, and Termination. The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If you fail to annually renew your Asirvia business, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as an Independent Representative. You shall not be eligible to sell Asirvia services nor shall you be eligible to receive royalties, bonuses, or other income resulting from the activities of your former downline sales organization. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former downline organization. Asirvia reserves the right to terminate all Independent Representative Agreements upon thirty (30) days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its services via direct selling channels. Independent Representative may cancel this Agreement at any time, and for any reason, upon written notice to Asirvia at its principal business address. Asirvia may cancel this Agreement for any reason upon thirty (30) days advance written notice to Independent Representative. Asirvia may also take actions short of termination of the Agreement, if the Asirvia Independent Representative breaches any of its provisions.
3. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of Asirvia or your Sponsoring Independent Representative. As a self-employed independent contractor, you will be operating your own independent business, buying and selling services available through Asirvia on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Presenting the Plan. You agree when presenting the Asirvia Compensation Plan to present it in its entirety as outlined in official Asirvia materials, emphasizing that sales to end consumers are required to receive compensation in the form of bonuses on downline volume. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by Asirvia. You agree to instruct all prospective Independent Representatives to review the Asirvia Income Disclosure Statement.
5. Selling the Service. You agree to make no representations or claims about any services beyond those shown in official Asirvia literature. You further agree to sell services available through Asirvia only in authorized territories.
6. Asirvia’s Proprietary Information and Trade Secrets. You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by Asirvia, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the Asirvia business including, without limitation, Independent Representative lists, sponsorship trees, and all Asirvia Independent Representative information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of Asirvia, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with Asirvia, Asirvia grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and service developments, and Independent Representative sales, earnings and other financial reports to facilitate your Asirvia business.
7. Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are an Independent Representative, and for one (1) calendar year following resignation, non-renewal, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other Asirvia Independent Representative to compete with the business of Asirvia.
8. Images / Recordings / Consents. You agree to permit Asirvia to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by Asirvia for any lawful purpose, and without compensation.
9. Modification of Terms. With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
10. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with Asirvia as set forth in this Independent Representative Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of New Hampshire without regard to conflict of law provisions. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against True Solutions Network, LLC. With jurisdiction and venue as provided by Louisiana law.
11. Dispute Resolution. All disputes and claims relating to Asirvia, its services, the rights and obligations of an Independent Representative and Asirvia, or any other claims or causes of action relating to the performance of either an Independent Representative or Asirvia under the Agreement or the Asirvia Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Lebanon, New Hampshire, or such other location as Asirvia prescribed, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure.Additionally, you agree not to initiate or participate in any class action proceeding against Asirvia, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Asirvia from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its 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.
12. Time Limitation. If an Independent Representative wishes to bring an action against Asirvia for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. Independent Representative waives all claims that any other statutes of limitations apply.
13. Refund Policy. Asirvia does not offer any refund on any services that comprises the Asirvia Business Center. The monthly fee associated with the Asirvia Business Center is mandatory to remain as an active Asirvia Independent Representative. An Independent Representative can cancel the Asirvia Business Center at any time. If an Independent Representative decides to cancel the Asirvia Business Center, services associated with the Asirvia Business Center will remain accessible for the remaining days before the next renewal date.
14. Miscellaneous. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Asirvia and supersedes any prior agreements, understandings and obligations between you and Asirvia concerning the subject matter of your contract with Asirvia.
15. Submission of Electronic W-9. Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2), I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a U.S. Citizen or other U.S. person.