Last updated: 2021-03-01
TERMS AND CONDITIONS
Use of Material
All materials included on the UFIT Web Site are protected by copyright, trademark and other laws and are the property of UFIT Health Sciences, Inc., unless otherwise noted. Unauthorized use of such materials may violate copyright, trademark and other laws. You may download and print portions of the materials for non-commercial and informational use. Copies that you make of the material must bear any copyright, trademark or other proprietary notices located on the UFIT Web Site, which pertain to the material being copied. Any other sale, modification, reproduction, re-distribution, publication or re-transmission of any information from the UFIT Web Site, in whole or in part without the prior written permission of UFIT Health Sciences, Inc. is prohibited.
The information and services published on the UFIT Web Site may contain typographical errors or technical inaccuracies. Information may be changed or updated without notice. UFIT may also make improvements in and/or changes to the information described in the UFIT Web Site at any time without notice. UFIT is not responsible for any errors or omissions in the UFIT Web Site or any web site which may be referenced within or linked to the UFIT Web Site.
INFORMATION ON THE UFIT WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR TITLE. UFIT MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE UFIT WEB SITE. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. UFIT MAKES NO REPRESENTATION OR WARRANTY THAT THE UFIT WEB SITE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE UFIT WEB SITE OR THE SERVERS HOSTING SUCH WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UFIT ASSUMES NO LIABILITY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND, LOST PROFITS, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE UFIT WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE UFIT WEB SITE, EVEN IF UFIT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The materials in the UFIT Web Site are presented solely for the purpose of promoting the UFIT opportunity and the UFIT products available in your country of residence. THE PRODUCTS PROMOTED ON THE UFIT WEB SITE ARE NOT FOR SALE OUTSIDE OF YOUR COUNTRY OF RESIDENCE. UFIT makes no representation that materials contained in the UFIT Web Site are in compliance with the laws of jurisdictions outside of your country of residence. Individuals who choose to access the UFIT Web Site from countries outside of their country of residence do so on their own initiative and for information purposes only. The terms and conditions herein shall be governed by the laws of your country of residence, without regard to that country’s conflicts of laws principles. You hereby submit to the jurisdiction of the courts of your country of residence for the purposes of litigating any lawsuit arising out of or in connection with these terms and conditions.
If you are a consumer purchasing products or services online from UFIT for personal, family, or household purposes, you may have additional rights pursuant to applicable laws and regulations of your country of residence pertaining to digital signatures and completion and authentication of electronic contracts. Please read the following disclosure carefully. It describes your rights to elect to contract electronically with us.
UFIT GLOBAL SDN. BHD. (“UFIT”) nominates the INDEPENDENT DISTRIBUTOR and the INDEPENDENT DISTRIBUTOR agrees to participate in the multi-level marketing network and direct selling program of UFIT.
The Company Policies and Procedures (“P&P”) means the policies, as part of the Agreement, which governs how an INDEPENDENT DISTRIBUTOR is to conduct the business and defines the rights and relationship of the parties. It is available in the UFIT “Policies and Procedure” and may be amended from time to time by UFIT upon notification.
A distributor will not be treated as an employee for federal or state tax purposes. All distributors are independent contractors engaged in their own separate business pursuits. Distributors are not considered purchasers of a franchise, nor does the Agreement between the company and its distributors create an employee/employer relationship, agency, partnership or joint venture. Distributors are strictly prohibited from stating or implying, whether orally or in writing, that their relationship is any other than as above outlined. Each distributor shall hold the company harmless from any claims, damages or liabilities arising out of such distributor’s business practices.
Distributors have no authority to bind the company to any obligation. Each distributor is encouraged to set up his/her own hours and to determine his/her methods of sales and promotions, as long as he/she complies with the terms of the Agreement.
Each Distributor will perform all of his/her business activities in a professional and ethical manner, which will enhance the distributor’s reputation and the positive reputation of UFIT Global. Distributors will not engage in any conduct that could negatively reflect on UFIT Global or any other distributor’s image. Distributors will be courteous and respectful of every person contacted, including employees and executives of the corporate office of UFIT Global, and will conduct their business in a way as to respect the products and professionalism of UFIT Global and its other distributors. A distributor will under no circumstances disparage or infringe upon the UFIT Global name or reputation in connection with the marketing of UFIT Global products or misappropriate any confidential or proprietary information or trade secrets (including distributor names and address lists) of UFIT Global for use by the distributor or others.
The Company reserves the right to approve or disapprove a distributor’s change of business names, formation of partnership, corporations, and trusts for tax, estate planning, and limited liability purposes. If the Company approves such a change by distributor, the organisation’s name and the names of the principals of the organization must appear on the distributor application agreement. It is prohibited to make change to attempt to circumvent or violate Company rules on raiding, solicitation, targeting, cross- sponsoring or interference.
The Company expressly reserves the right to alter or amend prices, Rules and Regulations, Policies and Procedures, product availability and the compensation plan. Upon notification in writing, such amendments are automatically incorporated as part of the Agreement between the Company and distributor. Company communication of changes may include, but shall not be limited to mail, email, fax, posting on the Company website, publication in company newsletters or magazines, et cetera.
The Company reserves the right to make all final decisions as to the interpretation of the articles stated in this document. The final Company decision based on the interpretation of the articles stated herein is effective immediately. All distributors are obliged to follow the Company’s decision as to the interpretation of the articles herein.
The person(s) who has/have submitted an application for distributorship and whose application has been accepted by the Company by way of a duly completed Agreement between the Company and the person(s) is a Distributor.
All UFIT independent distributors are authorized to sell UFIT products and to participate in the UFIT Rewards Plan. All UFIT independent distributors may sponsor new independent distributors. The Company reserves the right and at its sole and entire discretion to accept or refuse all distributorship applications.
The Company reserves the right and at its sole and entire discretion to accept or refuse all distributorship applications.
Unless waived in writing by the Company upon application, the Company will consider each married couple as a single distributor. Husbands and wives may sponsor each other directly, but may not be sponsored in different lines. If the Company finds that the second spouse was sponsored in a different line by any reason after the initial spouse was sponsored, the Company reserves the right to change the status of a spouse from a distributor into a user, or transfer the distributorship of a spouse into his or her upline distributor. If a spouse is already a distributor, the non-participating spouse may elect to become a distributor, but must join the same distributorship as his or her spouse, or be directly sponsored by his or her spouse. The Company reserves the right to reject any applications for new distributorships. Should a husband/wife distributor divorce, they should notify the Company as to how the distributorship is to be managed thereafter. Otherwise, the Company will recognize the final judicial or adjudicatory disposition of the distributorship.
The agreement between the Company and its distributors does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the distributors. Each distributor shall hold harmless, the Company from any claims, damages or liabilities arising out of distributor’s business practices. Company distributors have no authority to bind the Company to any obligation. Each distributor is encouraged to set up his own hours and to determine his own method of sale, so long as he/she complies with the policies and procedures of the Company, as set out in the Company Policies, Handbook and duly agreed to by the distributor in the Agreement.
Corporations, limited liability companies, partnerships and/or trusts may become independent distributors ONLY when the completed Independent distributor Agreement is accompanied by copies of the articles of incorporation, articles of organization, partnership agreement, or trust document or other charter or organizational document as filed with the state (where applicable).
To ensure compliance with the Independent distributor Agreement, independent distributors must disclose a complete list of all directors, officers and shareholders involved in the corporation. Limited liability companies must disclose a complete list of all members, officers and managers. Partnerships must disclose all general and limited partners. Trusts must disclose the trustee(s) and beneficiary/beneficiaries. This information may be sent or emailed to UFIT and must be updated by the independent distributor.
Independent distributors are fully responsible for properly paying all applicable taxes and fees as may be required by the laws of the Malaysia. The Company does not perform any withholding services nor is the Company responsible for unpaid taxes on behalf of independent distributors. The company’s programme is built upon retail sales to the ultimate consumer. The company also recognizes that distributors may wish to purchase product or service in reasonable amounts for their own personal or family use. For this reason, a retail sale for bonus purposes shall include sales to non-participants, as well as sales to distributors for personal or family use which are not made for purposes of qualification or advancement. It is Company policy, however, to strictly prohibit the purchase of product or large quantities of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement in the marketing programme. Distributors may not inventory load nor encourage others in the programme to load up on inventory. Distributors must fulfill published personal and downline retail sales requirements, including but not limited to, requisite retail sales to non-participants, as well as supervisory responsibilities, to qualify for bonuses, overrides or advancements. Distributors may not make statements or representations regarding the Company other than those approved and provided in writing by the Company; such as its Company Policies, Handbook and/or any other official Company printed literature and publications.
All distributors are personally responsible for compliance with all relevant taxation laws and regulations of Malaysia that may arise out of his earnings from commissions or any other earnings generated as a seller of Company products and services.
It is essential to the success of the Company, its distributors and customers that all relevant transactions relating to and arising out of the Agreement between the Distributor and the Company be submitted to the Company in order to maintain the integrity of communications between the Company and the distributor.
It is to be expected that all transactions submissions to the Company, including, but not limited to, distributor applications, distributor communication, distributor financial transactions and consumer transactions, be submitted by the individual or entity involved in the transaction – third party submissions of any and all transactions is prohibited.
A distributor should not communicate any transactions submissions on behalf of another distributor, distributorship applicant or customer. A distributor may not use his or her credit card or bank account on behalf of another individual or distributor, except as expressly permitted by the Company for as an alternate payer. This rule is applicable to any and all forms of transactions submissions, including, but not limited to, online, telephone, fax, email, et cetera.
All distributors have the right to sponsor others. In addition, every person has the ultimate right to choose his own sponsor. If two distributors should claim to be the sponsors of the same new distributor, the Company shall regard the first application received by the corporate home office as controlling.
As a general rule, it is good practice to regard the first distributor who has meaningfully worked with prospective distributor as having the first claim to sponsorship though this is not necessarily the sole factor of consideration. Other factors of consideration such as common sense and equitable principles should also be utilised.
The Company may provide the distributors with various methods of registration or information of newly sponsored distributors, including but not limited to, facsimile registration and online registration for the convenience of the distributors. The Company. Until such time as the Company receives a duly completed application, containing all appropriate and required information as well as the signature of the proposed new distributor, the Company will only consider any application as one which is merely a non-binding expression of interest. Although the Company is attempting to create convenience for its sponsoring distributors, it is the responsibility of each sponsoring distributor to cause delivery to the Company of a completed and signed distributor agreement if the sponsor is expected to be recognised as the official sponsoring distributor. For the avoidance of doubt, potential distributors shall not be required to provide any form of payment or benefit in order to be sponsored.
There is no “magic” involved in the Company or in any business. Those who sponsor widely but who do not help new distributors develop their business meet will be met with limited success. Therefore, it is the distributor’s responsibility to follow through and make sure the new distributor is properly informed and trained in the areas of product knowledge, the compensation plan, the professional guidelines of the network marketing industry, the Company Policies, Handbook and Agreement.
When soliciting a prospective distributor to join the Company’s network programme, the distributor must clearly explain the following:
- Products: type, performance and quality of each product;
- Compensation plan;
- Policies and Procedures;
- Distributor’s rights and duties; and
- Other important items that will affect the judgment of the prospective distributor.
Distributors should never provide false and/or misleading information in order to encourage the conclusion of a sales agreement or to prevent the buyer from cancelling the agreement. Retail sales are a requirement of the Company’s network programme. Each distributor must identify himself by name and Company ID number to the prospective buyer.
Transfer is rarely permitted and is actively discouraged. Maintaining the integrity of sponsorship is absolutely crucial for the success of the overall organisation.
Transfers will generally be approved in the following two (2) circumstances:
- In the case of unethical sponsoring by the original sponsor – in such cases, the Company will be the final authority; or
- Resigning from the Company entirely – waiting six (6) months to reapply under the new sponsor.
In cases of unethical sponsoring, the individual may be transferred with any downlines intact; in all other events, the individual alone is transferred without any downline distributors being removed from the original line of sponsorship. All transfers are subject to a RM50 transfer fee. When such transfer is approved and accepted by the company, any volume previously accumulated may be removed.
If one applicant submits multiple Independent distributor Agreement forms listing different sponsors, only the first completed form to be received by company will be accepted. The company reserves the right, in its sole discretion, to make the final decision with respect to all such disputes.
One placement change or correction of sponsors may be requested within a period of three (3) days from the date of enrolment. Such adjustments require written permission from both the sponsor and the applicant and shall be directed to the company. There will be no fee for the first change requested within the initial three (3) day period.
After the initial three (3) day term, requests for placement change or correction of sponsorship will be reviewed by the company and may be approved in its sole discretion, with additional conditions and restrictions as may be required by the company. Such adjustments require written permission from the sponsor and all upline Independent distributors that are adversely affected with matching bonuses. All requests for change shall be submitted to the company. In the event a placement change or sponsorship change is approved under this paragraph, the independent distributor shall pay a change fee of RM50 to the company.
Sponsor changes are not permitted. However, sponsor corrections can be made if the error is reported to the company within three (3) days of enrolment. Sponsor corrections must be requested from the current (original) sponsor, stating the reason that the correction needs to be made.
An independent distributor desiring to acquire another independent distributor’s business must first terminate his/her independent distributor status and wait a period of six (6) months from the date of the resignation notice, before becoming eligible for such purchase. All such transactions must be fully disclosed through the completion of a Sales/Transfer form submitted to the company and is subject to the company’s approval.
Independent distributors are required to assure the adequate training of independent distributors they sponsor. “Adequate training” shall include, but is not limited to, education regarding the Policies and Procedures, Compensation Plan, product information, sound business practices, sales strategies, and ethical business behaviour. A sponsor must maintain an ongoing, professional leadership association with independent distributors in his/her organization and must fulfil the obligation of performing a bona fide supervisory, sales or distributive function on the sale or delivery of product and services to the ultimate consumer.
The independent distributor agreement may be cancelled at any time and for any reason by a distributor notifying the Company in writing of his election to cancel.
All cancellations are accepted and effective as stated. As of the effective cancellation date, the independent distributor loses all privileges of leadership and down line organisation, and is no longer eligible for any commissions, bonuses or prizes. He/She cannot advertise, sell or promote the Company products or purchase product from the Company. The cancelling distributor’s down line organisation automatically transfers to his immediate up line. The resigning distributor must wait six (6) months before he is eligible again to be sponsored again as a Company distributor, either as an individual or a corporation. If someone inactive for 12 months (no purchase at all in 12 consecutive months) they can choose to terminate and join any line immediately.
The Company will consider an application to reinstate a “resigned distributor” one year after the resignation date. As part of the application, the former distributor must pledge to adhere to the existing requirements of the Company Policies, Handbook and Agreement. Acceptance of the application is at the discretion of the Company and the Company shall also have the discretion to reinstate the former distributor in the sales organisation at his or her former position or to require a lesser placement as a condition to reinstatement. The Company reserves the right to, at its sole and entire discretion, accept or reject such application.
The company reserves the right to suspend any independent distributor position at any time for cause when it is deemed that the independent distributor may have violated the provisions of the Agreement, as they might be amended from time to time, or the provisions of the applicable laws and standards of fair dealing. The company shall make such involuntary suspension at its discretion pending the investigation of possible Policy violation. The company will notify the independent distributor by postal delivery and/or email sent to the latest address listed with the company for the independent distributor. In the event of a suspension, distributor agrees to immediately cease representing himself/herself as distributor with the company.
During the investigation period of the suspension, any commissions, overrides or bonuses, which may be due, if any, will be held in abeyance by the company pending resolution. Should the infraction be deemed unsubstantiated by the company, the suspension shall be lifted and any commissions, overrides or bonuses will be credited to the independent distributorship. During the applicable suspension period, the company shall have the right to prohibit the suspended independent distributor from purchasing products and services. However, the suspended independent distributor does not have the right to represent himself/herself as a independent distributor or promote his/her independent distributor business or the products during the applicable suspension period.
An independent distributor may be terminated for violating any of the terms of the Agreement. Notice of the termination, citing the reason(s) for the action, shall be provided in writing to the independent distributor and delivered either through postal or email. Termination shall be effective as set forth therein, if a timely appeal is not provided by the independent distributor in accordance with the appeal procedure set forth below.
Immediately upon termination, the terminated independent distributor:
- a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationery or advertising referring to or relating to any UFIT product, plan or program;
- b) Must cease representing himself or herself as an independent distributor of UFIT;
- c) Loses all rights to his/her independent distributorship and position in the Compensation Plan and to all future commissions and earnings resulting there from; and
- d) Must take all action reasonably required by UFIT relating to its materials and protection of its confidential information and intellectual property.
The distributor will have fifteen (15) days from the date of mailing of the registered letter in which to appeal the termination in writing, and provide written response as to the findings of violations by the Company of the Company Policies, Handbook and/or Agreement. The distributor’s appeal and/or response correspondence must be received by the Company within twenty (20) days of the Company’s termination letter. If the appeal is not received within the 20-day period, the termination will automatically deemed to be final.
If a distributor files an appeal in accordance with the stipulated procedures and time period, the Company will review and consider the distributor’s appeal. In addition, the Company will also consider any other appropriate action, and notify the distributor of its decision in due course.
The decision of the Company will be final and subject to no further review. In the event the termination is deemed to be final, the termination will be effective as of the date of the Company’s original termination notice. The terminated distributor may not be sponsored as a Company distributor again.
The Company reserves the right, at its sole and entire discretion, to terminate any distributorship at any time if the Company determines that the distributor has violated the provisions of the Agreement, including the provisions of the clauses contained in this document herein, including as and when these clauses may be amended by the provisions of applicable laws and standards of fair dealings. In the event of termination, the Company shall notify the distributor by mail at the most current address of the distributor lodged with the Company. In the event of termination, the terminated distributor agrees to immediately cease representing himself as a distributor.
Notwithstanding any other provisions of this section, upon the death of an independent distributor, the independent distributor entity shall pass to his/her successor in interest as provided by law. However, UFIT will not recognize such transfer until the successor in interest has submitted a completed Sales/Transfer form to UFIT, together with certified copies of the death certificate and will, trust or other instrument, and executed an Independent distributor Agreement. The successor shall thereafter be entitled to all the rights and subject to all the obligations as any other independent distributor. In addition, the successor in interest must be of legal age in his/her country of residence.
Marriage – two Company distributors who marry after having established their own individual distributorships may continue to operate their existing distributorships.
Divorce – should a married couple become divorced, they agree to notify the Company as to who will assume responsibility for the distributorship in one of the following manners:
- Written agreement signed by both parties in the presence of witnesses (which may be an advocate and solicitor or commissioner or oaths or a notary public) indicating who will retain the distributorship;
- Court order delineating who receives custody over the distributorship; or
- Both parties may choose to retain their joint distributorship and operate it as a partnership.
The divorced distributor may apply for a new distributorship without having to wait 6 months.
Should a distributor become disabled to the extent that he can no longer fulfill the required duties of the Company distributor, such disabled consultant’s legal representative or conservator shall:
- Contact the Company within thirty (30) days of the disability and advise the Company of the distributor’s status and the plans for future management or cancellation of the distributorship;
- Provide a notarized or court-confirmed copy of appointment as legal representative or conservator; and
- Provide a notarized or court-confirmed copy of document establishing right to administer the Company business.
Should the legal representative or conservator plan to continue the business of the distributorship, then he/ shall fill out a new distributor application, return policy and receive the required training consistent with the disabled distributor’s level at the time of disability. These requirements shall be satisfied within a deadline of six months.
The name of the Company “UFIT” and the other names as may be adopted by the Company are proprietary trade names and trademarks of the Company. Only UFIT is authorized to produce and market products and literature under these trademarks. This includes, but is not limited to, slides, overheads, brochures, videos, domain addresses, and training and/or marketing materials and all promotional material, such as, but not limited to, t-shirts, caps, pins, magnetic signs, etc. Use of the UFIT name on any item not produced or authorized by UFIT is prohibited. As such, these marks are of great value to the Company and are supplied to distributors for distributor use only in an expressly authorised manner. Distributors agree not to advertise Company products or services in any way other than the advertising or promotional materials made available to distributors by the Company. Distributors agree not to use any written, printed, recorded or any other material in advertising, promoting or describing the products or services or the Company marketing program, or in any other manner, any material which has not been copyrighted and supplied by the Company, unless such material has been submitted to the Company and approved in writing by the Company before being disseminated, published or displayed.
Distributors are not permitted to create their own business cards or letterhead with the use of UFIT or trademark without written approval from the company.
Only company approved materials may be used in the placement of any advertising in any print, radio, television, internet, electronic or other media. No person shall use the UFIT name, logos, trademarks or copyrighted material in any advertising produced by the company without express written permission from the company. Once approval is obtained, no text may be amended or changed. Company distributors agree to make no false or fraudulent representations about the Company, the products, the Company compensation plan, or income potentials.
The distributor, as an independent contractor, is fully responsible for all of his/her verbal and written statements made regarding the products, services and/or marketing programmes which are not expressly contained in writing in the current distributor agreement, advertising or promotional materials supplied directly by the Company. The distributor agrees to indemnify the Company and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, and court costs, lost business or claims incurred by the Company as a result of distributor’s unauthorised representations.
Any display ads or institutional or trademark advertising copy, other than covered in the foregoing rules, must be submitted to the Company and be approved in writing by the Company prior to publication.
Company distributor may promote his/her independent distributor business through company’s replicating website program only. The website links seamlessly and directly to the official company website, giving the independent distributor a professional and company approved presence on the Internet. No independent distributor may independently design a website that uses the names, logos, or product descriptions of UFIT or otherwise promote (directly or indirectly) the company products or the compensation plan.
The Company does not permit the use of its copyrights, designs, logos, trade names, trademarks, etc. without its prior written permission. Independent distributors may not use the Company logo in marketing or sales materials. A Company distributor may not produce, use or distribute any information relative to the contents, characteristics or properties of Company product or service which has not been provided directly by the Company. This prohibition includes but is not limited to, print, audio or video media.
A Company distributor may not produce, sell or distribute literature, films or sound recordings which are deceptively similar in nature to those produced, published and provided by the Company for its distributors. Nor may a distributor purchase, sell or distribute non-company materials which imply or suggest that said materials originate from the Company.
Distributors are prohibited from creating any independently-designed website relating to the Company business, or using any non-EWS current websites. All distributors must receive prior authorisation from the Company by submitting all promotional products such as DVDs, CDs, Brochures, flyers et cetera, prior to their use. Violation of this clause will subject the distributor to commission suspension and/or termination of the Agreement.
Distributors are allowed to advertise on the internet through an approved Company Web System site (the “System”). The System allows distributors to choose from among Company’s homepage designs that can be personalised with the distributor’s message and the distributor’s contact information. These websites link directly to the Company website giving the distributor a professional and Company-approved presence on the internet. Only these approved websites may be used by distributors. No distributor may independently design a website that uses the names, logos, product or service descriptions of the Company, nor may a distributor use “blind” ads on the internet making product or income claims which are ultimately associated with Company products, services or the Company’s compensation plan. Any person using Company names, logos, trademarks, et cetera, on the internet or any other advertising medium, except as permitted and approved by the Company, shall be subject to immediate disciplinary which may include termination of the Agreement.
Distributors may not use or attempt to register any UFIT trade names, trademarks, service marks, product names, UFIT name or any derivative thereof, for any Internet domain name.
No claims as to the therapeutic or curative properties about the products may be made. In particular, no distributor may make any claim that the Company products are intended to diagnose, treat, cure or prevent any disease. Such statements can be perceived as medical claims and unsubstantiated claims such as these are strictly against general Company policies and may also violate relevant laws in Malaysia. Pursuant to the Company’s general policies of prohibition of medical, curative or treatment claims, the Company enumerates the following specific policies which include but are not be limited to:
- Distributors are prohibited from making medical, curative or treatment claims, whether expressed or implied;
- Distributors are prohibited from using in any and all of their marketing materials and promotion any descriptions that are regarded as health or medical claims stating that; the products may alleviate, cure, diagnose, prevent, relieve, or treat any medical condition, disease, ailment or malady.
- Any violation of these guidelines will constitute grounds for discipline, commission suspension and/or termination of Agreement.
No income claims, income projections, income representation, or showing of commission checks (“check waving”) may be made to prospective distributors. Any false, deceptive or misleading claims regarding the opportunity or product/service are prohibited. In their enthusiasm, distributors are occasionally tempted to represent hypothetical income figures based upon the inherent power of network marketing as actual income projections. This is counter-productive, since new distributors may be quickly disappointed if their results are not as extensive or as rapid as a hypothetical model would suggest. The Company believes firmly that the income potential is great enough to be highly attractive in reality without resorting to artificial and unrealistic projections.
Company products or services and opportunity may be displayed at trade shows by distributors only with written authorisation from the Company. Request(s) for participation in trade shows must be received in writing by the Company at least one (1) month prior to the show. Written authorisation from the Company must be received before the distributor participating in the trade show. Unless written authorisation is secured from the Company, Company products or services and opportunity are the only products or services and/or opportunit(ies) that may be offered in the trade show booth. Only Company produced marketing materials may be displayed or distributed. No distributor may sell or promote the Company products or services or business opportunity at flea markets, swap meets, or garage sales.
The repackaging of company products for resale or for any reason whatsoever is prohibited.
Distributors shall not produce or reproduce company produced audio or video materials detailing the company opportunity or products. Independent distributors shall not audiotape in any manner any company function.
Independent distributors may not answer the telephone or create recordings saying “UFIT” or anything similar that could lead the caller to believe that he or she has reached the Corporate Office of the company. The use of the Company’s name or copyrighted materials may not be made with automatic calling devices or “boiler room” operations either to solicit distributors or retail customers. The use of these methods in ways that are legal and the equivalent of the “blind ads” alluded to above cannot be regulated by the Company.
Some Independent Representatives use classified advertising in the newspapers to find prospects. The following rules apply – no advertisement may imply that a “job” or “position” is available. No specific income can be promised and advertisements must contain no misleading facts or distortions of the Company opportunity or product line.
Independent distributors are prohibited from granting radio, television, newspaper, tabloid, Internet, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize UFIT, its products or their businesses, without the express prior written approval of UFIT. Any inquiries by the media are to be referred immediately to the Company. This policy is to assure accuracy and consistent public image.
Independent distributors may not sell any training, sales or leadership products, materials, systems or programs (collectively “Third Party Products”) to others company or the company independent distributors, whether or not such Third Party Products are produced by the independent distributor or another person or entity or contain any trademarks, service marks or copyrights of the company. If any independent distributor desires to use (not sell) any Third Party Materials in his or her business, he or she must obtain the written consent of the company prior to use.
7.1 Independent distributor Agreement.
Bonuses and overrides cannot be paid until a completed independent distributor agreement has been received and accepted by the company. Bonuses are paid ONLY on the sales value of the company products. No bonuses are paid on the purchases of any sales material, sales aids or the recruitment of independent distributors.
The distributor must provide a copy of his/her valid MyKad card (for Malaysian) or Passport (for non-Malaysian) together with a copy of a Malaysia bank passbook or Malaysia bank account details if the distributor intends to have his/her bonuses paid via bank transfer. If the distributor does not provide such documents together, bonuses will be credited to the distributor’s E-wallet and can be used by the INDEPENDENT DISTRIBUTOR as a method of payment for future purchases.
Bonuses are payable to all local banks. Bank charges per transaction are based on the prevailing rate as determined by the respective bank and shall be borne by the distributor. The Company will deduct the said fee from the distributor’s bonus automatically upon transferring. The monthly bonus which is less than RM50 will be credited to distributor’s E-wallet for further purchases.
The company will not be liable for any banking transaction chargers and/or administration fee imposed by the bank according to the relevant BANK NEGARA guidelines for transactions with the distributor. The charges will be deducted from the distributor’s bonuses.
At sales presentations, independent distributors shall truthfully identify themselves, the UFIT products, and the purpose of their business to prospective customers. Independent distributors may not use any misleading, deceptive, or unfair sales practices. Explanation and demonstration of products offered shall be accurate and complete, including, but not limited to, with regard to price, terms of payment, refund rights, guarantees, and after-sales services and delivery. Personal or telephone contacts shall be made in a reasonable manner and during reasonable hours to avoid intrusiveness. Independent distributors must immediately discontinue a demonstration or sales presentation upon the request of the consumer. Independent distributors shall not directly or by implication denigrate any other company or product. Independent distributors shall refrain from using comparisons that are likely to mislead and that are incompatible to the principles of fair competition. Points of comparison shall not be unfairly selected and shall be based on facts which can be substantiated. Independent distributors shall not abuse the trust of individual consumers, shall respect the lack of commercial experience of consumers and shall not exploit a customer’s age, illness, lack of understanding or lack of language expertise.
A distributor is prohibited from selling or promoting Company products on internet shopping sites, internet auction sites, and internet classified listings. Any violation of this article will constitute grounds for commission suspension and/or termination of the Agreement. All warranties on Company products are limited and non-transferable. The Company disclaims all statutory and implied warranties to the extent as permitted by law. The product warranty is limited to the express terms of the Consumer Limited Warranty and the Extended Consumer Limited Warranty.
No independent distributor may export or sell directly or indirectly to others who export the Company’s products, literature, sales aids or promotional material relating to the Company, its products or services or the Company’s programme from Malaysia to any other country. Independent distributors who choose to sponsor internationally may do so only in countries in which the Company or its parent company has registered to operate its business and must comply fully with the Rules of Operation of a Company distributorship in that country. Any violation of this clause constitutes a material breach of this Agreement and is grounds for immediate termination.
Should any product be unavailable for any period of time, distributors will be given the option of placing the order(s) and waiting for availability or cancelling the order with full reimbursement without penalties until those items are ready for shipping.
The company will only accept street addresses for shipping purposes. Orders will be shipped via GDEX or other shipper as determined by the company so that they may be tracked and, if necessary, replaced in a timely manner.
Credit card purchases may only be made by the individual whose name and address is on the credit card. Any independent distributor who uses another individual’s credit card to pay for purchases should submit a credit card authorization form to the company with the order prior to placing the order. The company considers unauthorized credit card use as fraudulent and will report such actions to the proper authorities for settlement.
Under no circumstance will any independent distributor charge back any credit card purchase. Any independent distributor who does so will immediately lose all credit card ordering privileges until the charges are replaced with certified funds. If an erroneous charge is applied to a distributor’s credit card, the independent distributor should immediately contact the company to initiate an investigation and resolution.
Any upline independent distributor affected by returned products to the company will accordingly be subject to adjustment in his/her commissions, overrides and bonus accounts, personal volume, etc. based upon all commissions and bonuses paid on the returned products.
It is the ordering independent distributor’s sole responsibility to indicate (a) method and means of shipping and (b) destination address. The methods available are stated on each order form and on the company system along with prepaid costs for shipping. Shipping costs will be automatically calculated.
- Accept delivery. 2. Before the driver leaves, document on the delivery receipt the number of boxes which appear to be damaged, while also including photographic evidence of such. 3. Save the damaged product and box(es) for inspection by the shipping agent. 4. Make an appointment with the shipping company to have the damaged goods inspected. 5. File a claim with the shipping company. 6. Notify the company.
The Company shall be entitled to change product or service prices at any time and without notice, and to make changes in the statement of policy and procedures.
Products purchased by the distributor from the company may only be sold to retail customers, used for Product demonstrations, or for his/her own personal use. The distributor is authorized to resell Products which the distributor purchases from the company to retail customers. Subject to the provisions hereinbelow, the distributor may establish his/her own retail prices for products and may keep all of the profits the distributor earns from retailing the products to his/her retail customers. The company has established suggested retail prices for products based on competitive pricing in each market. Maintaining retails pricing for non-distributors helps to preserve the value of company’s products and business opportunity.
The distributor may not sell or distribute products to persons, who intend to resell the products or have resold products in the past. The distributor is prohibited from selling to persons, either directly or indirectly who ultimately (a) resell the products through a retail store, (b) resell the products over the internet, unless it has been approved by the company, (c) import the products into an unopened country or (d) use any other method of distribution that violates the primary purpose of his/her direct selling business. The distributor must take reasonable steps to ensure that persons who purchase products from the distributor do not intend to violate the money-back guarantees and customer refund.
The company reserves the right to reject any returned goods if in good faith the defect is due to wrong handling by the distributor and not due to manufacturing or quality matters.
All returns shall be subject to the validation of presented proof including but not limited to the original invoices issued by the company, complete original packaging with item code sticker and product tag and in good condition as at purchased. The company reserves the right to reject repetitive returns.
In case of returns, the distributor will sign a product exchange / return form receipt with the representative of the business center or the person in charge of this type of transaction in the company.
Notwithstanding the Company’s longer retail customer guarantee policy, all retail sales must comply with the Seven (7) days Cooling-off Rule which requires statutory language and notice of cancellation on the retail sales receipt. The 7-days right of cancellation must be orally explained to the customer and customer must receive a copy of the notice of cancellation form.
The company will replace, within seven (7) days after purchased, any product found to be defective. In order to assure that replacement product will be issued, strict compliance to the following procedure is required a written replacement request must be submitted, stating the reason for the request, and accompanied by verification of payment and a copy of the product order form and packing slip.
The company accept product exchange from distributor if he/she is not completely satisfied with the products. In order to exchange, the product must meet the following criteria: (a) Items must be in original condition: Unwashed and unworn, (b) Items must be return within 7 days from the date the item is received, (c) If order is missing items or contains incorrect items, distributor has to contact the company within 5-7 days of receiving order, (d) For all items packed with boxes, both item and the box must be returned in its original conditions, (e) the company reserve the rights to reject any refunds if the return item doesn’t meet above conditions, (f) Discounted items are not eligible for a return, (g) Items which comes in package (Eg: Bra), one of the item must be in sellable condition, (h) Exchange / Return can only be done one time per order number.
The company will accept a return of a unused product within 7 days if distributor are not happy with the purchased products. The company reserve the rights to reject any refunds if the return item doesn’t meet above conditions.
The company encourages all of its independent distributors to maintain complete and accurate records of their business transactions. The company may exercise its option to request records relating to retail sales or other matters as described herein or as required by applicable law.
The company, at its discretion, reserves the right to amend the Policies and Procedures as set forth therein, its independent distributor or suggested retail prices, product availability and formulations, and Compensation Plan, as it deems appropriate without prior notice. Such Policies and Procedures and Compensation Plan modifications, and all changes thereto, shall become a binding part of the Agreement upon publication on the official company website. It is the independent distributor’s responsibility to stay abreast of current and updated information, and the company is in no way liable for any independent distributor’s lack of knowledge of the updated and current information. In the event of any conflict between the applicable Agreement and any such amendment, the amendment shall control. If company brochures, product catalogues, price lists, literature, website, fax on demand information, etc. are revised, only the most current version is authorized for use by company independent distributors.
The Company never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the Company who is authorised to bind the Company in contracts or agreements specifies in writing that the Company waives any of these provisions. In addition, any time the Company gives permission for a breach of the rules, that permission does not extend to future breaches. This clause deals with the concept of “waiver,” and the parties agree that the Company does not waive any of its rights under any circumstances short of the written confirmation alluded to above.
Independent distributors observing a policy violation by another independent distributor should submit a written report of the violation to the Compliance Department of the company, either through fax, postal delivery or email. Such documents must bear the independent distributor’s signature and Personal Identification Number (IC). Anonymous complaints will not be accepted under any condition. No telephone calls will be accepted with such matters, as documentation must be presented in writing from both the complaining party(ies) and ultimately from the individual(s) cited for the policy violation. Details of the incident such as dates, number of occurrences, persons involved, witnesses and any other supporting documentation should be include in the report.
If any article or articles of this document shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining articles shall not in any way be affected or impaired thereby.
This Agreement (comprised of these Policies and Procedures, the Independent distributor Agreement, and the Compensation Plan, as may exist or hereafter be amended) constitutes the entire agreement of the parties regarding their relationship and the subject matter hereof and related hereto.
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Policies and Procedures, or any specification, standard or operating procedure that the company has prescribed is held to be invalid or unenforceable, The company shall have the right to modify the invalid or unenforceable provision, specification, standard operating procedure or any portion thereof to the extent required to be valid and enforceable. A distributor shall be bound by any such modification. The modification shall be effective in the jurisdiction on which it is required.
To the extent allowed by law, the company and its affiliates, officers, directors, employees and other independent distributors shall not be liable for and each independent distributor hereby releases the foregoing from, and waives any claim for loss of profit, incidental, special, consequential or exemplary damages, which may arise out of any claims whatsoever relating to company’s performance, non-performance, act of omission with respect to the business relationship or other matter between the independent distributor and the company whether in contract, tort or strict liability. Furthermore, it is agreed that any damage to the independent distributor shall not exceed and is hereby expressly limited to the amount of unsold company product owned by the independent distributor, which was directly purchased thereby from company, and any commissions or bonuses due.
Each and every independent distributor agrees to indemnify and hold harmless, its shareholders, officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly, arising out of or in any way related to or connected with allegedly or otherwise, the independent distributor’s (a) activities as a independent distributor; (b) breach of the terms of the Independent distributor Agreement or these Policies and Procedures; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
These rules are reasonably related to the laws of the Malaysia and shall be governed in all respects thereby. The parties agree that jurisdiction and venue shall lie with the place of acceptance of the distributor application, Malaysia.
By executing the Agreement, each Independent distributor grants to the company and its affiliates and agents the absolute, perpetual and worldwide right and license to use, to record, photograph, publish, reproduce, advertise, display, edit, and sell in any manner for all purposes, his or her name, photograph, likeness, voice testimony, biographical information, image and other information related to independent distributor’s business with the company (collectively the “Likeness”) in marketing, promotional, advertising and training materials, whether in print, radio or television broadcasts (including cable and satellite transmissions) audio and videotapes on the Internet or in other media (“Publicity Materials”) for an unlimited number of times, without compensation, in perpetuity. Each Independent distributor waives any right to inspect or approve any Publicity Materials including or accompanying his or her Likeness. Each Independent distributor further releases the company from any liability or obligation that may arise as a result of the use of his or her Likeness, including without limitation, claims for invasion of privacy, infringement of right of publicity and defamation (including libel and slander). A distributor may withdraw his or her authorization of any use of his or her Likeness that has not
already been publicized by providing written notice to UFIT. Independent distributors agree that any information given by Independent distributor, including his or her testimonial, is true and accurate.
Independent distributors must comply with all applicable privacy and data security laws, including security breach notification laws. Independent distributors must take appropriate steps to safeguard and protect all private information, including, without limitation, credit card and social security numbers, provided by a retail customer, prospective retail customer or other Independent distributors. Independent distributors must hold such information in strict confidence. Independent distributors are responsible for the secure handling and storage of all documents that may contain such private information. Independent distributors must adopt, implement, and maintain appropriate administrative, technical, and physical safeguards to protect against anticipated threats or hazards to the security of confidential information and customer data. Appropriate safeguards may include, but are not limited to: (i) encrypting data before electronically transmitting it; (ii) storing records in a secure location; (iii) password-protecting computer files, or (iv) shredding paper files containing confidential information or customer data. Independent distributors should retain documents containing such information for only as long as necessary to complete the transaction. Independent distributors should dispose of any paper or electronic record containing customer data and other confidential information after use by taking all reasonable steps to destroy the information by: (A) shredding; (B) permanently erasing and deleting; or (C) otherwise modifying the customer data and other confidential information in those records to make it unreadable, unreconstructible, and indecipherable through any means.
Independent distributors may not target the sales force of another direct sales company to become Independent distributors or to sell the products of the company. Independent distributors may not encourage members of the sales force of another direct sales company to violate the terms of their contract with such company. Independent distributors bear the sole risk and sole liability for such activities, which activities are not endorsed or supported by the company.
For a term of one (1) year after sale, transfer or termination of the distributorship, a distributor agrees that he shall not, directly or indirectly, disrupt, damage, impair or interfere with the business of the Company within Malaysia, whether by way of interfering with, or raiding its employees or distributors, disrupting its relationship with customers, agents, representatives, distributors, suppliers, vendors or manufacturers or otherwise. “Disrupting” or “interfering” include, but are not limited to, direct or indirect solicitation or recruitment for other direct selling business opportunities or products or services of other direct selling companies.