|
|
 |
|
 |
|
|
| Policies and Procedures |
Pyxism Travel Distribution Private Limited
STATEMENT OF POLICIES
and PROCEDURES
Updated April 27, 2011
|
| |
SECTION 1 - INTRODUCTION
1.1 - Policies and Compensation Plan Incorporated into ASSOCIATE Agreement
These Policies and Procedures, in their present form and as amended at the sole discretion of Pyxism Travel Distribution Private Limited. (hereafter “Pyxism” or the “Company”), are incorporated into, and form an integral part of, the PYXISM ASSOCIATE (“ASSOCIATE”) Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the PYXISM ASSOCIATE Application and Agreement, these Policies and Procedures, the PYXISM Marketing and Compensation Plan and the PYXISM Business Entity Applicationif applicable). These documents are incorporated by reference into the PYXISM ASSOCIATE Agreement (all in their current form and as amended by PYXISM).
1.2 - Changes to the Agreement
PYXISM reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By signing the ASSOCIATE Agreement, an ASSOCIATE agrees to abide by all amendments or modifications that PYXISM elects to make. Amendments shall be effective thirty (30) days after publication of notice that the Agreement has been modified. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official Web site; (2) electronic mail (e-mail); (3) inclusion in Company periodicals or (4) special mailings. The continuation of an ASSOCIATE’s PYXISM business or an ASSOCIATE’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
1.3 - 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. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
1.4 - 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 PYXISM to exercise any right or power under the Agreement or to insist upon strict compliance by an ASSOCIATE 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 PYXISM’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an ASSOCIATE against PYXISM shall not constitute a defense to PYXISM’s enforcement of any term or provision of the Agreement.
SECTION 2 - BECOMING AN ASSOCIATE
2.1 - Requirements to Become an ASSOCIATE
To become a PYXISM ASSOCIATE, each applicant must:
·Be of the age of majority in his or her state of residence;
·Reside in the United States or U.S. Territories or country that PYXISM has officially announced is open for business;
·Have a valid Social Security or Federal Tax ID number (for US persons);
·Personally purchase one (1) Product or sell six (6) PYXISM Products;
·Submit a properly completed ASSOCIATE Application and Agreement to PYXISM either in online or hard copy format;
·Submit a properly completed IRS form W-9 for US persons.
2.2 - ASSOCIATE Benefits
Once an ASSOCIATE Application and Agreement has been accepted by PYXISM the benefits of the Marketing and Compensation Plan and the ASSOCIATE Agreement are available to the new ASSOCIATE. These benefits include the right to:
·Sell PYXISM products and services;
·Participate in the PYXISM Marketing and Compensation Plan (receive bonuses and commissions, if eligible);
·Sponsor other individuals as Customers or ASSOCIATEs into the PYXISM business and thereby, build a marketing organization and progress through the PYXISM Marketing and Compensation Plan;
·Receive periodic PYXISM literature and other PYXISM communications;
·Participate in PYXISM-sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable and
·Participate in promotional and incentive contests and programs sponsored by PYXISM for its ASSOCIATEs.
2.3 - Term and Renewal of Your PYXISM Business
The term of the ASSOCIATE Agreement is one (1) year from the date of its acceptance by PYXISM. ASSOCIATEs must renew their ASSOCIATE Agreement each year by paying an annual website maintenance fee of USD $50 on or before the anniversary date of their ASSOCIATE Agreement. If the annual maintenance fee is not paid within thirty (30) days after the expiration of the current term of the ASSOCIATE Agreement, the ASSOCIATE Agreement will be canceled. The maintenance fee is charged in arrears for the previous 12 months.
SECTION 3 - OPERATING A PYXISM BUSINESS
3.1 - Adherence to the PYXISM Marketing and Compensation Plan
ASSOCIATEs must adhere to the terms of the PYXISM Marketing and Compensation Plan as set forth in official PYXISM literature. ASSOCIATEs shall not offer the PYXISM opportunity through, or in combination with, any other system, program or method of marketing other than that specifically set forth in official PYXISM literature. ASSOCIATEs shall not require or encourage other current or prospective Customers or ASSOCIATEs to execute any agreement other than official PYXISM agreements in order to become a PYXISM ASSOCIATE. Similarly, ASSOCIATEs shall not require or encourage other current or prospective Customers or ASSOCIATEs to make any purchase from, or payment to, any individual or other entity to participate in the PYXISM Marketing and Compensation Plan other than those identified in official PYXISM literature.
3.2 - Advertising
3.2.1 - General
All ASSOCIATEs shall safeguard and promote the good reputation of PYXISM and its products. The marketing and promotion of PYXISM, the PYXISM opportunity, the Marketing and Compensation Plan and PYXISM products must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. Violation of this rule can result in termination of your Associate status. To promote both the products and services, and the business PYXISM offers, ASSOCIATEs may use Company provided materials or information. ASSOCIATEs may also use their own literature, advertisements, sales tools and promotional materials, or Internet Web pages, provided that it is not inconsistent with Company provided materials or information. In the event that PYXISM, in its sole discretion, finds any materials produced or promoted by an ASSOCIATE to be inconsistent with Company provided materials or information, factually untrue, discourteous, deceptive, misleading, unethical or immoral, ASSOCIATE shall cease and desist using, promoting, or allowing use of any such materials immediately upon request from PYXISM.
3.2.2 - ASSOCIATE Web sites
If an ASSOCIATE desires to utilize an Internet Web page to promote his or her business, he or she may do so through the Company’s official web site templates. ASSOCIATEs may also use their own Internet Web pages, provided that they are not inconsistent with Company provided materials or information. In the event that PYXISM, in its sole discretion, finds any website produced or promoted by an ASSOCIATE to be inconsistent with Company provided materials or information, factually untrue, discourteous, deceptive, misleading, unethical or immoral, ASSOCIATE shall cease and desist using, promoting, or allowing use of any such website immediately upon request from PYXISM.
3.2.3 - Trademarks and Copyrights
PYXISM will not allow the use of its trade names, trademarks, designs or symbols by any person, including PYXISM ASSOCIATEs, without its prior, written permission. ASSOCIATEs may not produce for sale or distribution any recorded Company events and speeches without written permission from PYXISM, nor may ASSOCIATEs reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations. ASSOCIATEs may not use or attempt to register any of PYXISM’s trade names, trademarks, service names, service marks, product names, the Company’s name or any derivative thereof, for any Internet domain name without written approval from PYXISM.
3.2.4 - Media and Media Inquiries
ASSOCIATEs may not respond to media inquiries regarding PYXISM, its products or services or their independent PYXISM business. All inquiries by any type must be immediately referred to PYXISM’s Marketing Department.
3.2.5 - Unsolicited Email
ASSOCIATEs shall not use mass email (spam) as a means of promoting their businesses. ASSOCIATEs may send email to prospective customers and ASSOCIATEs only if they have a personal or business relationship with such individual or if they have received permission from the recipient to send them an email relating to the PYXISM products or program. ASSOCIATES must comply with all laws applicable to regulating unsolicited commercial email.
3.2.6 - Unsolicited Faxes
Except as provided in this section, ASSOCIATEs may not transmit unsolicited faxes or use an automatic telephone dialing system in violation of any law to promote their PYXISM businesses. The term “automatic telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator and (b) to dial such numbers. The term “unsolicited faxes” means the transmission via telephone facsimile of any material or information advertising or promoting PYXISM, its products, its compensation plan or any other aspect of the Company which is transmitted to any person, except that these terms do not include a fax or e-mail: (a) to any person with that person’s prior express invitation or permission or (b) to any person with whom the ASSOCIATE has an established business or personal relationship. The term “established business or personal relationship” means a prior or existing relationship formed by a voluntary two-way communication between an ASSOCIATE and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such ASSOCIATE or (b) a personal or familial relationship that has not been previously terminated by either party.
3.2.7 - Telephone Book Listings
ASSOCIATEs may list themselves as an "Independent PYXISM DistributorAssociate" in the white or yellow pages of the telephone directory under their own name as follows:
ASSOCIATE’s Name
Independent PYXISM Distributor
No ASSOCIATE may place telephone directory display ads using PYXISM’s name or logo. ASSOCIATEs may not answer the telephone by saying “PYXISM”, “PYXISM Incorporated” or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of PYXISM.
3.3 - Business Entities
A corporation, limited liability company, partnership or trust (collectively referred to in this section as a “Business Entity”) may apply to be a PYXISM ASSOCIATE by submitting an ASSOCIATE Application and Agreement along with a properly completed Business Entity Registration Agreement and a properly completed IRS form W-9. The Business Entity, as well as all of the shareholders, members, partners, trustees or other parties with any ownership interest in, or management responsibilities for, the Business Entity (collectively “Affiliated Party”) are individually, jointly and severally liable for any indebtedness to PYXISM, compliance with the PYXISM Policies and Procedures, the PYXISM ASSOCIATE Agreement and other obligations to PYXISM.
If any Affiliated Party wants to terminate his or her relationship with the Business Entity or PYXISM, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify PYXISM in writing that he or she has terminated his or her affiliation with the Business Entity, and must comply with the provisions of Section 3.17. In addition, the Affiliated Party foregoing their interest in the Business Entity may not participate in any other PYXISM business for six (6) consecutive months in accordance with Section 3.4. If the Business Entity wishes to bring on any new Affiliated Party, it must adhere to the requirements of Section 3.17.
The modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 3.4, below. There is a $25.00 fee for each change requested, which must be included with the written request and the completed ASSOCIATE Application and Agreement.
3.4 - Change of Sponsor
An ASSOCIATE may legitimately change organizations by voluntarily canceling his or her PYXISM business and remaining inactive (i.e., no purchases of products for resale, no sales of products, no sponsoring, no attendance at any PYXISM functions, or operation of any other PYXISM business) for six (6) full calendar months. Following the six calendar-month period of inactivity, the former ASSOCIATE may reapply under a new sponsor, however, the former ASSOCIATE’s downline will remain in their original line of sponsorship.
In cases wherein the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by an ASSOCIATE, PYXISM reserves the sole and exclusive right to determine the final disposition of the downline organization. Due to the difficulty in resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors, ASSOCIATES WAIVE ANY AND ALL CLAIMS AGAINST PYXISM, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES AND AGENTS THAT RELATE TO OR ARISE FROM PYXISM’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
3.4.1 - Product Claims
No claims (that include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by PYXISM may be made except those contained in official PYXISM literature. No ASSOCIATE may make any claim that PYXISM products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases.
3.4.2 - Income Claims
Because PYXISM ASSOCIATEs do not have the data necessary to make income claims, an ASSOCIATE, when presenting or discussing the PYXISM opportunity or Marketing and Compensation Plan, may not make income claims, projections or disclose his or her PYXISM income (including the showing of checks, copies of checks, bank statements or tax records).
3.5 - Commercial Outlets
ASSOCIATEs may sell PYXISM products from a commercial outlet where allowed by local laws.
3.6 - Conflicts of Interest
3.6.1 - Nonsolicitation
PYXISM ASSOCIATEs 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, ASSOCIATEs may not directly or indirectly recruit other PYXISM ASSOCIATEs or Customers for any other network marketing business, unless ASSOCIATE personally sponsored customers or ASSOCIATEs.
Following the cancellation of an ASSOCIATE’s independent ASSOCIATE Agreement, and for a period of six (6) calendar months thereafter, with the exception of an ASSOCIATE who is personally sponsored by the former ASSOCIATE, a former ASSOCIATE may not recruit any PYXISM ASSOCIATE or Customer for another network marketing business. ASSOCIATEs recognize that network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the Internet and telephone, any effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, ASSOCIATEs agree that this non-solicitation provision shall apply to all markets in which PYXISM conducts business.
The term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement or effort to influence in any other way, either directly, indirectly or through a third party, another PYXISM ASSOCIATE or Customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
3.6.2 - Sale of Competing Goods or Services
ASSOCIATEs must not sell, or attempt to sell, any competing non-PYXISM programs, products or services to PYXISM Customers or ASSOCIATEs. Any program, product or service in the same generic categories as PYXISM products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
NO ONE SHALL CREATE OR CHARACTERIZE ANY MARKETING PROGRAM AS A FEEDER PROGRAM CREATING ENTRY INTO PYXISM WITHOUT WRITTEN CONSENT AND APPROVAL FROM PYXISM, Inc.
PYXISM Associates not be a party to any agreement with another party that requires them to pay a third party to become or remain a PYXISM Associate, or that requires them to share their compensation as a PYXISM associate with third parties, except as required by law.
3.6.3 - Downline Activity (Genealogy) Reports
Downline Activity Reports are available for ASSOCIATE access and viewing in the back office of their Web site. ASSOCIATE access to their back office is password protected. All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to PYXISM. Downline Activity Reports are provided to ASSOCIATEs in strictest confidence and are made available to ASSOCIATEs for the sole purpose of assisting ASSOCIATEs in working with their respective Downline Organizations in the development of their PYXISM business. ASSOCIATEs should use their Downline Activity Reports to assist, motivate and train their downline ASSOCIATEs. The ASSOCIATE and PYXISM agree that, except for this agreement of confidentiality and nondisclosure, PYXISM would not provide Downline Activity Reports to the ASSOCIATE. An ASSOCIATE shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
·Directly or indirectly disclose any information contained in any Downline Activity Report to any third party;
·Directly or indirectly disclose the password to his or her back office;
·Use the Reports for any purpose other than promoting their PYXISM business;
·Recruit or solicit any ASSOCIATE or Customer of PYXISM listed on any report, or in any manner attempt to influence or induce any ASSOCIATE or Customer of PYXISM to alter their business relationship with PYXISM; or
·Use or disclose to any person or entity any information contained in any Report.
3.7 - Errors or Questions
If an ASSOCIATE has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports or charges, the ASSOCIATE must notify PYXISM in writing within 60 days of the date of the purported error or incident in question. PYXISM will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
3.8 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies approve any direct selling or network marketing programs. Therefore, ASSOCIATEs shall not represent that PYXISM or its Marketing and Compensation Plan have been "approved" or sanctioned by any government agency.
3.9 - Holding Applications or Orders
ASSOCIATEs may not manipulate enrollments of ASSOCIATEs or product purchases. All ASSOCIATE Applications and Agreements and product orders must be sent to PYXISM within 72 hours from the time they are signed by an ASSOCIATE or placed by a customer, respectively.
3.10 - Independent Contractor Status
ASSOCIATEs are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between PYXISM and its ASSOCIATEs does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the ASSOCIATE. An ASSOCIATE shall not be treated as an employee for his or her services or for Federal or State tax purposes. All ASSOCIATEs are responsible for paying local, state and federal taxes due from all compensation earned as an ASSOCIATE of the Company. The ASSOCIATE has no authority (expressed or implied), to bind the Company to any obligation. Each ASSOCIATE shall establish his or her own goals, hours and methods of sale, so long as he or she complies with the terms of the ASSOCIATE Agreement, these Policies and Procedures and applicable laws.
3.11 - International Marketing
ASSOCIATEs are authorized to sell PYXISM products and enroll Customers or ASSOCIATEs in the countries in which PYXISM is authorized to conduct business, as announced in official Company literature. No ASSOCIATE may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential customers or ASSOCIATEs; or (c) conduct any other activity for the purpose of selling PYXISM products, establishing a marketing organization or promoting the PYXISM opportunity.
3.12 - Excess Product Purchases and Bonus Buying
ASSOCIATEs must never purchase more products than they can reasonably use or sell to retail customers in a month and must not influence or attempt to influence any other ASSOCIATE to buy more products than they can reasonably use or sell to retail customers in a month.
Bonus buying is strictly prohibited. Bonus buying includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions or bonuses that is not driven by bona fide product purchases by end user consumers.
3.13 - Adherence to Laws and Ordinances
ASSOCIATEs shall comply with all federal, state and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. ASSOCIATEs must obey those laws that do apply to them. If a city or county official tells an ASSOCIATE that an ordinance applies to him or her, the ASSOCIATE shall cooperate fully and immediately send a copy of the ordinance to the Compliance Department of PYXISM.
3.14 - One PYXISM Business Per Person
An ASSOCIATE may operate or have an ownership interest in only one PYXISM business, unless authorized in writing by PYXISM.
3.15 - Actions of Household Members
If any member of an ASSOCIATE’s immediate household engages in any activity that, if performed by the ASSOCIATE, would violate any provision of the Agreement, such activity will be deemed a violation by the ASSOCIATE and PYXISM may take disciplinary action pursuant to the Statement of Policies against the ASSOCIATE.
3.16 - Roll-up of Marketing Organization
When a vacancy occurs in a Marketing Organization due to the termination of a PYXISM business, each ASSOCIATE in the first level immediately below the terminated ASSOCIATE on the date of the cancellation will be moved to the first level (“front line”) of the terminated ASSOCIATE’s sponsor.
3.17 - Sale, Transfer or Assignment of PYXISM Business
A PYXISM business is freely transferable subject to certain limitations. If an ASSOCIATE wishes to sell his or her PYXISM business, or interest in a Business Entity that owns or operates a PYXISM business, the following criteria must be met:
The selling Distributor must offer PYXISM the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. PYXISM shall have fifteen (15) days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
The buyer or transferee must become a qualified PYXISM ASSOCIATE;
Any debt obligations the selling party has with PYXISM must be satisfied.
The selling party must be in good standing and not in violation of any of the terms of the Agreement.
The selling party must notify PYXISM’s Compliance Department in writing of his or her intent to sell, and PYXISM issue an approval before proceeding with the sale.
3.18 - Separation of a PYXISM Business
PYXISM ASSOCIATEs sometimes operate their PYXISM businesses as husband-wife partnerships, regular partnerships, LLCs, corporations, trusts or other Business Entities. At such time as a marriage may end in divorce or a corporation, LLC, partnership, trust or other Business Entity 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.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
One of the parties may operate the PYXISM business pursuant to an assignment in writing whereby the relinquishing party authorizes PYXISM to deal directly and solely with the other non-relinquishing party.
The parties may continue to operate the PYXISM business jointly on a “business-as-usual” basis, whereupon all compensation paid by PYXISM will be paid according to the status quo.
Under no circumstances will the Downline Organization of divorcing spouses or a dissolving business entity be divided or will PYXISM split commission and bonus payments.
3.19 - Succession
Upon the death or incapacitation of an ASSOCIATE, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. The successor(s) must execute an ASSOCIATE Agreement and meet all of the qualifications for the deceased ASSOCIATE’s status.
3.20 - Telemarketing Techniques
Federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. These government regulations broadly define the term “telemarketer” and “telemarketing” so that an ASSOCIATE’s inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause him or her to violate the law. These regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation). ASSOCIATEs must comply with all federal and state telemarketing laws.
SECTION 4 - RESPONSIBILITIES OF ASSOCIATES
4.1 - Change of Address, Telephone and E-Mail Addresses
ASSOCIATEs must ensure that PYXISM’s files are current. ASSOCIATEs must amend their contact information through their ASSOCIATE Back Office as necessary. ASSOCIATEs and customers will be charged shipping fees for orders that are shipped to an incorrect or outdated address provided to PYXISM.
4.2 - Continuing Development Obligations
4.2.1 - Ongoing Training
Any ASSOCIATE who sponsors another ASSOCIATE into PYXISM must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her PYXISM business. ASSOCIATEs must have ongoing contact and communication with the ASSOCIATEs in their Downline Organizations. Examples of such contact and communication may include, but are not limited to: written correspondence, personal meetings, telephone contact, electronic mail and participation in PYXISM meetings. Upline ASSOCIATEs are also responsible to motivate and train new ASSOCIATEs in PYXISM product knowledge, effective sales techniques, and the PYXISM Marketing and Compensation Plan.
4.2.2 - Ongoing Sales Responsibilities
ASSOCIATEs have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
4.3 - Nondisparagement
PYXISM wants to provide its independent ASSOCIATEs with the best products, compensation plan and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the ASSOCIATE Services Department. However, ASSOCIATEs must not disparage, demean or make negative remarks about PYXISM, other PYXISM ASSOCIATEs, PYXISM’s products, the Marketing and Compensation plan or PYXISM’s directors, officers or employees.
SECTION 5 - SALES REQUIREMENTS
5.1 - Product Sales
The PYXISM Marketing and Compensation Plan is based on the sale of PYXISM products and services to end consumers. ASSOCIATEs must fulfill personal and Downline Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement.
5.2 - No Territory Restrictions
There are no exclusive territories granted to anyone. No franchise fees are required.
5.3 - Sales Receipts
ASSOCIATEs must provide their retail customers with two (2) copies of an official PYXISM sales receipt at the time of the sale. These receipts set forth the Customer Satisfaction Guarantee as well as any consumer protection rights afforded by federal or state law. ASSOCIATEs must maintain all retail sales receipts for a period of two (2) years and furnish them to PYXISM at the Company’s request.
SECTION 6 - BONUSES AND COMMISSIONS
6.1 - Bonus and Commission Qualifications
An ASSOCIATE must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as an ASSOCIATE complies with the terms of the Agreement, Company shall pay commissions to such ASSOCIATE in accordance with the Marketing and Compensation plan.
6.2 - Adjustments to Bonuses and Commissions
ASSOCIATEs receive bonuses and commissions based on the actual sales of products and services to end consumers. When a product is returned to PYXISM for a refund or is repurchased by the Company, the bonuses and commissions attributable to the returned or repurchased product(s) will be deducted in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the upline ASSOCIATEs who received bonuses and commissions on the sales of the refunded products.
6.3 - Reports
Due to various factors including but not limited to the inherent possibility of human, digital and mechanical error; the accuracy, completeness and timeliness of orders; denial of credit card and electronic check payments; returned products; or credit card and electronic check charge-backs; the information is not guaranteed by PYXISM or any persons creating or transmitting the information.
ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON?INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PYXISM AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY ID OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES OR COMMISSIONS, LOSS OF OPPORTUNITY AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE INFORMATION), EVEN IF PYXISM OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, PYXISM OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
SECTION 7 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
7.1 - Product Guarantee
Within 3 days, cash refund is available. After that Customers are entitled to a certificate of greater or equal value if they are not happy with one they have chosen. Once certificates have been redeemed for travel, they are no longer refundable.
7.2 - Refunds for ASSOCIATEs Upon Cancellation
Anyone who signs up as an Associate and cancels within 3 days is entitled to a full refund of all products they personally purchased and the web fee ($50). PYXISM does not offer "Starter Kits" nor do Associates purchase or hold product inventory for resale. Therefore, upon cancellation of an ASSOCIATE’s Agreement, any requirements according to state laws to refund any portion of Starter Kits or Inventory are not applicable.
7.2.1 - Montana Residents
A Montana resident may cancel his or her ASSOCIATE Agreement within fifteen (15) days from the date of enrollment. PYXISM does not offer "Starter Kits" nor do Associates purchase or hold product inventory for resale. Therefore, upon cancellation of an ASSOCIATE’s Agreement, any requirements according to state laws to refund any portion of Starter Kits or Inventory are not applicable.
SECTION 8 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
8.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, or any common law duty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an ASSOCIATE that, in the sole discretion of the Company may damage it’s reputation or goodwill (such damaging act or omission need not be related to the ASSOCIATE’s PYXISM business), may result, at PYXISM’s discretion, in one or more of the following corrective measures:
·Issuance of a written warning or admonition;
·Requiring the ASSOCIATE to take immediate corrective measures;
·Imposition of a fine, which may be withheld from bonus and commission payments;
·Loss of rights to one or more bonus and commission payment;
·Withholding all or part of the ASSOCIATE’s bonuses and commissions during the period that PYXISM is investigating any conduct allegedly violating the Agreement. If an ASSOCIATE’s business is canceled for disciplinary reasons, the ASSOCIATE will not be entitled to recover any commissions withheld during the investigation period;
·Suspension of the individual’s ASSOCIATE Agreement for one or more pay periods;
·Involuntary termination of the offender’s ASSOCIATE Agreement;
·Suspension and/or termination of the offending ASSOCIATE’s PYXISM Web site or Web site access;
·Any other measure expressly allowed within any provision of the Agreement;
·In situations deemed appropriate by PYXISM, the Company may institute legal proceedings for monetary and/or equitable relief.
8.2 - 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 attorneys fees, costs and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Orange County, California, and shall last no more than two (2) business days.
8.3 - 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 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. ASSOCIATEs waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Orange County, California. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure, and the Federal Rules of Evidence shall apply. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Panel provides. 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.
Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent PYXISM 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 PYXISM’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.
8.4 - Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Orange Country, State of California or in the United States District Court for the Central District of California. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of California shall govern all other matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in Section 8.3, residents of the State of Louisiana shall be entitled to bring an action against PYXISM in their home forum and pursuant to Louisiana law.
SECTION 9 - PAYMENT AND SHIPPING
9.1 - Returned Checks
All checks returned by an ASSOCIATE’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the ASSOCIATE. After receiving a returned check from a customer or an ASSOCIATE, all future orders must be paid by Credit Card, money order or cashier’s check. Any outstanding balance owed to PYXISM by an ASSOCIATE for NSF checks and returned check fees will be withheld from subsequent bonus and commission payments.
9.2 - Sales Taxes
PYXISM is required to charge sales taxes on all taxable purchases made by ASSOCIATEs and Customers, and remit the taxes charged to the respective states. Accordingly, where aaplicable, PYXISM will collect and remit sales taxes on behalf of ASSOCIATEs, based on the suggested retail price of the products according to applicable tax rates in the state or province to which the shipment is destined. If an ASSOCIATE has submitted, and PYXISM has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the ASSOCIATE. Exemption from the payment of sales tax is applicable only to orders that are shipped to a state for which the proper tax exemption papers have been filed and accepted. Any sales tax exemption accepted by PYXISM is not retroactive.
SECTION 10 - INACTIVITY, RECLASSIFICATION AND CANCELLATION
10.1 - Effect of Cancellation
So long as an ASSOCIATE remains active and complies with the terms of the ASSOCIATE Agreement and these Policies and Procedures, Company shall pay commissions to such ASSOCIATE in accordance with the Marketing and Compensation Plan. An ASSOCIATE’s bonuses and commissions constitute the entire consideration for the ASSOCIATE’s efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an ASSOCIATE’s non-renewal of his or her ASSOCIATE Agreement, cancellation for inactivity or voluntary or involuntary cancellation of his or her ASSOCIATE Agreement (all of these methods are collectively referred to as “cancellation”), the former ASSOCIATE shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization. An ASSOCIATE whose business is cancelled will lose all rights as an ASSOCIATE. This includes the right to sell PYXISM products and services and the right to receive future commissions, bonuses or other income resulting from the sales and other activities of the ASSOCIATE’s former downline sales organization. In the event of cancellation, ASSOCIATEs agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of their former downline organization.
Following an ASSOCIATE’s cancellation of his or her ASSOCIATE Agreement, the former ASSOCIATE shall not hold himself or herself out as a PYXISM ASSOCIATE and shall not have the right to sell PYXISM products or services. An ASSOCIATE whose ASSOCIATE Agreement is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
10.2 - Involuntary Cancellation
An ASSOCIATE’s violation of any of the terms of the Agreement, including any amendments that may be made by PYXISM in its sole discretion, may result in any of the sanctions listed in Section 8.1, including the involuntary cancellation of his or her ASSOCIATE Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed or delivered by an express courier, to the ASSOCIATE’s last known address, email address or fax number, or to his or her attorney or when the ASSOCIATE receives actual notice of cancellation, whichever occurs first.
PYXISM reserves the right to terminate all ASSOCIATE Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity or (3) terminate distribution of its products via direct selling.
10.3 - Voluntary Cancellation
A participant in this network marketing plan 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. The written notice must include the ASSOCIATE’s signature, printed name, address and ASSOCIATE ID Number. If an ASSOCIATE is also a Preferred Customer, the ASSOCIATE’s Preferred Customer Agreement shall continue in force unless the ASSOCIATE also specifically requests that his or her Preferred Customer Agreement also be canceled.
10.4 - Non-renewal
An ASSOCIATE may also voluntarily cancel his or her ASSOCIATE Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew an ASSOCIATE’s Agreement upon its anniversary date. |
|
|
|
|
 |
|
|
|
|
|
|
|
|
|
