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超级特选商品被证明是最好销售的且运费极大地被节省!如果您从特供商品区订购,请在您造访超级特选商品区前完成结算。 |
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eCosway
Statement Of Policies
and Procedures |
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| 1 |
SECTION - INTRODUCTION |
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| 1.1 |
Policies and Profit Plan
Incorporated into Business Owner Agreement
These Policies and Procedures, in their present form and as amended
at the sole discretion of eCosway.com Sdn Bhd (Private Limited)
(hereinafter "eCosway" or the "Company"), are incorporated into,
and form an integral part of, the eCosway Business Owner Agreement.
Throughout these Policies and Procedures, when the term "Agreement"
is used, it collectively refers to:
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a)
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the eCosway Business Owner
Agreement,
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b)
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these Policies and Procedures;
and
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c)
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the eCosway Profit Plan.
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These documents are incorporated
by reference into the eCosway Business Owner Agreement (in its current
form and as amended by eCosway). It is the responsibility of each
Business Owner to read, understand, adhere to, and ensure that he
or she is aware of and operating under the most current version
of these Policies and Procedures.
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| 1.2 |
Purpose of Policies
eCosway is a global shopping mall that markets products and services
(collectively referred to herein as "merchandise") through Business
Owners. It is important to understand that the success of a Business
Owner and the success of fellow Business Owners is dependent upon
the integrity of the men and women who market eCosway merchandise.
To clearly define the relationship that exists between Business
Owners, Shoppers, and eCosway, and to explicitly set a standard
for acceptable business conduct, eCosway has established the Agreement.
eCosway Business Owners are required to comply with all of the Terms
and Conditions set forth in the Agreement which eCosway may amend
at its sole discretion from time to time, as well as all national,
federal, state, provincial, territorial, and local laws governing
their eCosway business and their conduct. Because Business Owners
may be unfamiliar with many of these standards of practice, it is
very important that each Business Owner reads and abides by the
Agreement. Please review the information in this manual carefully.
It explains and governs the relationship between each Business Owner
who is an independent contractor and the Company.
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| 1.3 |
Changes to the Agreement
Because national, federal, state, provincial, territorial and local
laws, as well as the business environment, periodically change,
eCosway reserves the right to amend the Agreement, the pricing and
eVolume of its merchandise in its sole and absolute discretion.
By signing the Business Owner Agreement, a Business Owner agrees
to abide by all amendments or modifications that eCosway elects
to make. Amendments shall be effective upon notice to all Business
Owners that the Agreement has been modified. Notification of amendments
shall be published in official eCosway material. The Company shall
provide or make available to all Business Owners a complete copy
of the amended provisions by one or more of the following methods:
(1) posting on the Company's official website or (2) electronic
mail (e-mail). The continuation of a Business Owner's eCosway business,
or a Business Owner's acceptance of earnings constitutes acceptance
of any and all amendments.
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| 1.4 |
Delays
eCosway shall not be responsible for delays or failures in performance
of its obligations when performance is made commercially impractical
due to circumstances beyond its reasonable control. This includes,
without limitation, strikes, labor difficulties, riot, war, fire,
death, curtailment of a party's source of supply, government decrees
or orders, or technical difficulties (e.g., computer failures, inoperative
telephone lines, etc.).
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| 1.5 |
Policies and Provisions
Severable
If any provision of the Agreement, in its current form or as may
be amended, is found to be invalid, or unenforceable for any reason,
only the invalid portion(s) of the provision shall be severed and
the remaining terms and provisions shall remain in full force and
effect and shall be construed as if such invalid, or unenforceable
provision never comprised a part of the Agreement.
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| 1.6 |
Waiver
The Company never gives up its right to insist on compliance with
the Agreement and with the applicable laws governing the conduct
of a business. No failure of eCosway to exercise any right or power
under the Agreement or to insist upon strict compliance by a Business
Owner 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 eCosway's right to demand
exact compliance with the Agreement. Waiver by eCosway can be effected
only in writing by an authorized officer of the Company. eCosway's
waiver of any particular breach by a Business Owner shall not affect
or impair eCosway's rights with respect to any subsequent breach,
nor shall it affect in any way the rights or obligations of any
other. Nor shall any delay or omission by eCosway to exercise any
right arising from a breach affect or impair eCosway's rights as
to that or any subsequent breach.
The existence of any claim or cause of action of a Business Owner
against eCosway shall not constitute a defense to eCosway's enforcement
of any term or provision of the Agreement.
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| 2 |
SECTION - BECOMING
A BUSINESS OWNER
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| 2.1 |
Requirements to Become
a Business Owner
To become an eCosway Business Owner, each applicant must:
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a)
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Be of the age of majority
in his or her country, state, province, or territory of residence;
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b)
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Have a valid form of identification
acceptable for opening a bank account (e.g., government-issued identification
card, etc.) for his or her country, state, province, or territory
of residence if applicable;
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c)
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Pay the Registration Fee
and Annual Access Fee; and
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d)
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Submit a properly completed
Business Owner Application and Agreement to eCosway.
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The Company reserves the
right to reject any Business Owner Application without cause or
explanation.
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| 2.2 |
New Business Owner Registration
by Online Enrollment
A prospective Business Owner may enroll online, or at the nearest
eCenter (if applicable). Upon the successful submission of the Business
Owner Application and Agreement, the prospective Business Owner
will be accepted as a new Business Owner and will receive a Business
Owner Identification Number ("ID") by which the Business Owner will
be identified.
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| 2.3 |
Business Owner Benefits
Once a Business Owner Application and Agreement has been accepted
by eCosway, the benefits of the Profit Plan and the Business Owner
Agreement are available to the new Business Owner. These benefits
include the right to:
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a)
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Purchase and retail eCosway
merchandise via eCosway stores
(where applicable);
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b) |
Participate in eCosway's Business
Ownership Support System (B.O.S.S.); |
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c)
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Participate in the eCosway
Profit Plan (and receive earnings, if eligible);
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d)
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Introduce other individuals
as Shoppers or Business Owners into eCosway, build a business network
and benefit from the eCosway Profit Plan;
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| 2.4 |
Renewal of Your eCosway
Business
The term of the Business Owner Agreement is one year from the month
of its acceptance by eCosway. Business Owners must renew their
Business
Owner Agreement each year and pay an annual access fee as determined
and announced by eCosway, on or before the anniversary month of
their Business Owner Agreement. (All mentions of and references
in these Policies and Procedures to "Dollars" or "$" are to U.S.
Dollars.) If the annual access fee is not paid on or before the
expiration of the current term of the Business Owner Agreement,
the Business Owner Agreement will be cancelled. Business Owners
may elect to utilize the Automatic Renewal Program ("ARP"). Under
the ARP, the access fee may be deducted from the Business Owner's
eAccount (if sufficient funds are available) on or before the anniversary
month of the Business Owner Agreement.
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| 3. |
SECTION - OPERATING
AN eCOSWAY BUSINESS
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| 3.1 |
Adherence to the eCosway
Profit Plan
Business Owners must adhere to the terms of the eCosway Profit Plan
as set forth in official eCosway material. Unless a Business Owner
has received express written approval from eCosway, a Business Owner
shall not offer the eCosway opportunity through, or in combination
with, any other system, program, or method of marketing other than
that specifically set forth in official eCosway material. Business
Owners shall not require or encourage other current or prospective
Business Owners or Shoppers to participate in eCosway in any manner
that varies from the program as set forth in official eCosway material.
Business Owners shall not require or encourage other current or
prospective Shoppers or Business Owners to execute any agreement
or contract other than official eCosway agreements and contracts
in order to become an eCosway Business Owner. Similarly, Business
Owners shall not require or encourage other current or prospective
Business Owners or Shoppers to make any purchase from, or payment
to, any individual or other entity to participate in the eCosway
Profit Plan other than those purchases or payments identified as
recommended or required in official eCosway material.
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| 3.2 |
Advertising
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| 3.2.1 |
In General
All Business Owners shall safeguard and promote the good reputation
of eCosway and its merchandise. The marketing and promotion of eCosway,
the eCosway opportunity, Profit Plan, and eCosway merchandise shall
be consistent with the public interest, and must avoid all discourteous,
deceptive, misleading, unethical or immoral conduct or practices.
To promote both the merchandise, and the tremendous opportunity
eCosway offers, Business Owners should use the sales aids and support
materials produced or approved by eCosway. The rationale behind
this requirement is simple. eCosway has carefully selected its merchandise,
designed the Profit Plan and promotional materials to ensure that
each aspect of eCosway is fair, truthful, substantiated, and complies
with the vast and complex legal requirements of national, federal,
state, provincial, territorial, or local laws. If eCosway Business
Owners were allowed to develop their own sales aids and promotional
materials (which includes Internet advertising) without Company
approval, notwithstanding their integrity and good intentions, the
likelihood that they would unintentionally violate any laws, statutes
or regulations affecting the eCosway business is almost certain.
These violations, although they may be relatively few in numbers,
would jeopardize the eCosway opportunity for all Business Owners.
Accordingly, Business Owners must submit all written sales aids,
promotional materials, advertisements, and other literature (including
proposed Internet advertising) to the Company for prior approval.
Unless the Business Owner receives specific written approval to
use the material, the request shall be deemed denied. Business Owners
may develop, produce, and utilize sales aids, promotional materials,
advertisements, and other literature without prior written Company's
approval, if and only if, they contain no direct or indirect references
to eCosway, or its Profit Plan, merchandise, trademarks, trade names,
service marks, service names, websites, URLs, or any other type
of identifying information.
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| 3.2.2 |
Anti-Spam Policy
To protect the interests of all of our Shoppers and Business Owners, eCosway has adopted a ZERO-TOLERANCE stance on spam and inappropriate advertising. Any Business Owner or Shopper caught spamming or inappropriately advertising to promote eCosway business will be immediately terminated from the organization. If a Business Owner is terminated for spamming, he or she will lose all Business Owner privileges, be forfeited of any unpaid monies, all reserves of Value Points (VPs), Card Value Points (CVPs), Redemption Points (RPs), eVolume (eV) and Qualification Units (QUs) and lose his or her business network. If a Shopper is terminated for spamming, he or she will lose all Shopper privileges, be forfeited of all Value Points (VPs) and lose his or her Shopper referrals. If the spamming activities result in any damage or cause any of the eCosway websites, domains, servers or activities to be interrupted from normal operation, the Business Owner or Shopper will be held liable for damages and loss of business.
There is no consistently applied definition of "spam" at this time.
Some people insist that only unsolicited commercial email (UCE)
sent in bulk is spam, but many individuals and anti-spam organizations
feel that any email sent to someone who has not chosen to receive
that email is spam. For the purposes of this policy, eCosway will
consider the following activities done in the following situation
as spamming and in violation of our policy:
Specifically, eCosway Business Owners and Shoppers are prohibited
from doing the following activities:
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Using the words Cosway
or e-Cosway (even when contained within another word such as
MyCosway or eCoswayNow etc.).
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Using derivative spellings
of these words (such as e-Cosway, eeCosway or Causeway
or ezcosway).
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Referring to Cosway or
eCosway.
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Linking to any of the
eCosway URLS or websites* (see list).
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Linking to a site which
subsequently links to an eCosway URL or website.
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Using a "pointer page"
or "redirect link" which ends up on any eCosway website.
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Transmitting any information
which directly or indirectly implies eCosway involvement.
... in any of the following situations:
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While violating any local,
state, federal or international laws including those regarding
UCE-unsolicited commercial email.
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In a website address.
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In a classified advertisement
of any sort (except as specifically allowed by eCosway).
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In a signature file (except
as specifically allowed by eCosway).
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In any email to any person
or prospect who has not specifically requested the information
or given you permission to send it.
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In any email sent to
a bulk list including "safe lists", "cleaned list", "purchased
list", and lists copied from the "send to" area of emails sent
to you.
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In any email sent as
a response to someone who has posted a message, placed a classified
advertisement, or sent you an unsolicited email.
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In any email sent without
a valid return email address that the recipient can reply to.
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In any email which uses
a false or misleading name, a false or misleading heading, a
false or misleading header, a false or misleading subject line,
or any other false or misleading information.
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While communicating in
a chat room without first getting permission or a request.
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While communicating with
someone via an instant messaging system (such as ICQ,Yahoo,
IM etc.) without first getting permission or a request for more
information from that other person.
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While posting to any
forum, usenet or other newsgroup, majordomo list, bulletin board,
discussion list, or other similar groups or lists on the Internet.
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In any online or printed
materials that are not pre-approved by eCosway.
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In any materials which
are distributed on private property or in any other place or
manner which is prohibited by individuals, entities, or by law.
* The URLs ("Universal Resource
Locators") or more commonly known as "website addresses" and domains
that you are prohibited from referencing or linking to, directly
or indirectly, with or without attaching a Business Owner/Shopper
ID, may include but not limited to the following:
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www.eCosway.com
www.MakeMoneyStayingHome.com
www.AmazingOneDollarAuction.com
www.HexagonLivingWater.com
www.PartnerMerchants.com
www.ChargeAndEarn.com
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- Any subsequent URLs or domains used
by, or reserved for use by eCosway.
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Unsolicited Faxes
Except as provided in this section, Business Owners may not use
or transmit unsolicited faxes relative to the operation of their
eCosway businesses. The terms "unsolicited faxes" means the transmission
via telephone facsimile of any material or information advertising
or promoting eCosway, its merchandise, its Profit Plan or any other
aspect of the Company which is transmitted to any person, except
that these terms do not include a fax: (a) to any person with that
person's prior express invitation or permission; or (b) to any person
with whom the Business Owner 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 a Business Owner and a person, on the basis
of: (a) an enquiry, application, purchase or transaction by the
person regarding merchandise offered by such Business Owner; or
(b) a personal or familial relationship which relationship has not
been previously terminated by either party.
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Telemarketing Techniques
The use of any automated telephone solicitation equipment or "boiler-room"
tactics in connection with the marketing or promotion of eCosway,
its merchandise or the opportunity is strictly prohibited. For the
purposes of this section, the term " boiler room tactics" includes
high-pressure promotional tactics that have the effect of creating
an artificially short period in which a prospect must make a decision
or that are designed to overcome a prospect's reluctance to join
eCosway, including:
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a)
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the use of intensive telephone
campaigns or unsolicited calls to persons who are not known by or
who do not have a prior relationship with the caller and in which
the person is encouraged to make a hasty decision to join eCosway
without regard to the person's needs and objectives;
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the use of scripts designed
to meet the prospect's objections;
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repeated phone calls;
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phone calls designed to entrap
the prospect;
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e)
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threatening tones on the
telephone informing the prospect that there is little time within
which to make a decision.
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Websites,
Domain Names, and Email Addresses
Business Owners may not use, register, or attempt to register the
word "eCosway," "Cosway" or any of eCosway's trade names, trademarks,
service names, service marks, merchandise names, or any derivative
thereof, in any domain name, on any website, in any email address,
on any blog site or in any nickname, or in the HTML code or meta-tags
of any non-eCosway website not pre-approved by eCosway. Business
Owners are also prohibited from linking to any eCosway domain or
website from any non-eCosway website. If a Business Owner desires
to use the word "eCosway" or "Cosway" on a website, or if a Business
Owner wishes to link to eCosway from a website that the Business
Owner creates, he or she must first contact eCosway for permission
and written approval to do so. No Business Owner may use, incorporate,
or attempt to incorporate the word "eCosway," "Cosway," or any of
eCosway's trade names, trademarks, service names, service marks,
product names, or any derivative thereof, into any electronic mail
address or signature files.
If a Business Owner desires to utilize an Internet webpage to promote
his or her business, he or she may do so through the Company's official
website, using official eCosway templates. Alternatively, Business
Owners may develop their own website, however, any Business Owner
who does so must ensure that such website contains no direct or
indirect references to eCosway, or its Profit Plan, merchandise,
trademarks, service marks, websites, URLs, or any other type of
identifying information. Business Owners who develop or publish
their own websites must register their site(s) with the Company
and receive written approval from the Company prior to the site(s)
public availability. Business Owners must also notify the Company
whenever any changes or modifications are made to the site(s). The
failure to register or notify the Company of subsequent changes
or modifications constitutes a material breach of these policies
and procedures.
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Trademarks and Copyrights
eCosway will not allow the use, for any purpose, of its trade names,
trademarks, services names, service marks, product names, URLs,
website addresses, designs, or symbols by any person, including
an eCosway Business Owner, without its prior written permission.
Business Owners do not need to obtain prior written permission to
use the above-mentioned items if the Business Owner is using eCosway's
official material.
Business Owners may not produce for sale or distribution any recorded
Company events or speeches without written permission from eCosway
nor may a Business Owner reproduce for sale or for personal use
any recording of Company-produced audio or video tape presentations.
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Website Proprietary
Rights
Business Owners agree that the eCosway Websites contain information,
data, photographs, graphs, software, videos, text, typefaces, graphics,
designs, music, sound, and other material (collectively "Intellectual
Property") that are protected by copyrights, patents, trademarks,
trade secrets, or other proprietary rights and that these rights are
valid and protected in all forms and technologies, existing now or
hereafter developed. Business Owners agree that they shall not modify,
remove, delete, augment, add to, publish, transmit, participate in
the transfer or sale of, create derivative works from, distribute,
perform, display, or in any way exploit any of the Intellectual Property
or the sites, in whole or in part.
To the extent necessary to lawfully access and use the eCosway Websites, and provided there are no specific restrictions displayed, Business Owners may display, download, archive, and print in hard copy portions of the Websites for the Business Owner's personal use only. In so doing so, a Business Owner may not modify the materials and must retain all copyright and other proprietary notices contained in the materials.
Business Owners may not remove or mirror any material contained on
any eCosway Website without the prior written permission of eCosway.
Business Owners agree that they will not copy, disassemble, de-compile,
or reverse engineer any part of the eCosway Websites. Business Owners
further agree that they will not otherwise attempt to obtain or learn
the source code, structure, algorithms, or ideas underlying such sites.
Any violation of this Section shall constitute a material violation
of the Business Owner Agreement. The restrictive terms of this Section
3.2.7 shall survive the termination of the Business Owner Agreement.
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Media and Media Inquiries
Business Owners must not attempt to respond to media inquiries regarding
eCosway, its merchandise, or their independent eCosway business.
All inquiries by any type of media must be immediately referred
to eCosway. This policy is designed to assure that accurate and
consistent information is provided to the public as well as a proper
public image.
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| 3.3 |
Fraudulent Enrollment
"Fraudulent Enrollment" includes: (a) the enrollment of individuals
or entities without the knowledge of and/or execution of an Business
Owner Application and Agreement by such individuals or entities;
or (b) the enrollment or attempted enrollment of non-existent individuals
or entities as Business Owners or Shoppers ("phantoms"). Fraudulent
enrollment constitutes a material breach of these Policies and Procedures,
and is strictly and absolutely prohibited.
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| 3.4 |
Changes to the eCosway
Business
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In General
Each Business Owner must immediately notify eCosway of all changes
to the information contained on his or her Business Owner Application
and Agreement. Business Owners may modify their existing Business
Owner Agreement (i.e., change in name due to marriage, adopting
a new name, change of bank account or personal identification, change
of government identification number, or change the form of ownership
from an individual proprietorship to a business entity owned by
the Business Owner) by submitting a completed "Change in Particulars
Form" provided online together with appropriate supporting documentation
to eCosway.
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| 3.4.2 |
Cancellation and Re-application
A Business Owner may cancel his or her eCosway business if he or
she remains inactive (i.e., no purchases of eCosway merchandise
for resale, no sales of eCosway merchandise, no new enrollment of
Business Owners or Shoppers, no attendance at any eCosway functions,
or participation in any other form of Business Owner activity) for
three (3) full calendar months. Following the three-month period
of inactivity, the former Business Owner may reapply under a different
branch.
The prescribed fees are generally not refundable upon cancellation
of the Business Owner Agreement. However, a refund of the prescribed
fees will be allowed provided that the cancellation is effected
within fourteen (14) calendar days from the date of enrollment.
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| 3.5 |
Unauthorized Claims and
Actions
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| 3.5.1 |
Indemnification
A Business Owner is fully responsible for all of his or her verbal
and written statements made regarding eCosway merchandise, and the
Profit Plan which are not expressly contained in official eCosway
material. Business Owners agree to indemnify eCosway and eCosway's
directors, officers, employees and agents, and hold them harmless
from any and all liability including civil penalties,
refunds, attorney fees, court costs, or loss of business suffered
by eCosway as a result of the Business Owner's unauthorized representations
or actions. This provision shall survive the termination of the
Business Owner Agreement.
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| 3.5.2 |
Product Claims
No claims (which include personal testimonials) as to therapeutic,
curative or beneficial properties of any merchandise offered by
eCosway may be made except those contained in official eCosway material.
In particular, no Business Owner may make any claim that eCosway
merchandise are useful in the cure, treatment, diagnosis, mitigation
or prevention of any diseases. Such statements can be perceived
as medical or drug claims. Not only are such claims violative of
eCosway policies, but they potentially violate national, federal,
state, provincial, territorial or local laws and regulations.
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| 3.5.3 |
Income Claims
In their enthusiasm to enroll prospective Business Owners, some
Business Owners are occasionally tempted to make income claims or
earnings representations to demonstrate the inherent power of network
marketing. This is counterproductive because new Business Owners
may become disappointed very quickly if their results are not as
extensive or as rapid as the results others have achieved. At eCosway,
we firmly believe that the eCosway income potential is great enough
to be highly attractive, without reporting the earnings of others.
Moreover, many countries, states, provinces and territories have
laws or regulations that regulate or even prohibit certain types
of income claims and testimonials made by persons engaged in network
marketing. While Business Owners may believe it to be beneficial
to provide copies of Business Status Reports, or to disclose the
earnings of themselves or others, such approaches have legal consequences
that can negatively impact eCosway as well as the Business Owner
making the claim unless appropriate disclosures required by law
are also made contemporaneously with the income claim or earnings
representation. Because eCosway Business Owners do not have the
data necessary to comply with the legal requirements for making
income claims, a Business Owner, when presenting or discussing the
eCosway opportunity or Profit Plan to a prospective Business Owner,
may not make income projections, income claims or disclose his or
her eCosway income or Business Status Report (including the showing
of bank statements or tax records). Hypothetical income examples
that are used to explain the operation of the Profit Plan, and which
are based solely on mathematical projections, may be made to prospective
Business Owners, so long as the Business Owner who uses such hypothetical
examples makes clear to the prospective Business Owner(s) that such
earnings are hypothetical.
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| 3.6 |
Conflicts of Interest
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| 3.6.1 |
Nonsolicitation
eCosway Business Owners may participate in other direct selling
or network marketing or multilevel marketing ventures (collectively
"network marketing"), and Business Owners may engage in selling
activities related to non-eCosway merchandise if they desire to
do so. However, if a Business Owner elects to participate in another
network marketing opportunity, in order to avoid conflicts of interest
and loyalties, Business Owners are prohibited from Unauthorized
Introduction, which includes the following:
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a)
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During the term of this Agreement,
any actual or attempted introduction or enrollment of eCosway Business
Owners for other network marketing business ventures (except Cosway),
either directly or through a third party. This includes, but is
not limited to, presenting or assisting in the presentation of other
network marketing business ventures (except Cosway) to any eCosway
Business Owner, or implicitly or explicitly encouraging any eCosway
Business Owner to join other business ventures. Because there is
an extreme likelihood that conflicts will arise if a Business Owner
operates two network marketing programs, it is the Business Owner's
responsibility to first determine whether a prospect is an eCosway
Business Owner before introducing or enrolling the prospect for
another network business venture.
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b)
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For a period of six months
following the cancellation of a Business Owner Agreement, the former
Business Owner may not introduce any eCosway Business Owner for
another network marketing program (except Cosway).
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| 3.6.2 |
Business Status Reports
Business Status Reports are available for Business Owners' access
and viewing at eCosway's official website. Access to online Business
Status Reports is password protected. All Business Status Reports
and the information contained therein are confidential and constitute
proprietary information and business trade secrets belonging to
eCosway. Business Status Reports are provided to Business Owners
in strictest confidence and are made available to Business Owners
for the sole purpose of assisting Business Owners in working with
their respective branch network in the development of their eCosway
business. Business Owners should use their Business Status Reports
to assist, motivate, and train other Business Owners in their branch
network. The Business Owner and eCosway agree that if Business Owner
did not agree to these terms of confidentiality and nondisclosure,
eCosway would not provide Business Status Reports to the Business
Owner. A Business Owner shall not, on his or her own behalf, or
on behalf of any other person, partnership, association, corporation
or other entity:
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a)
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Use the information to compete
with eCosway or for any purpose other than promoting his or her
eCosway business; or
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b)
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Introduce or solicit any
Business Owner of eCosway listed on any report, or in any manner
attempt to influence or induce any Business Owner of eCosway, to
alter his or her business relationship with eCosway.
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Upon demand by the Company,
any current or former Business Owner will return the original and
all copies of Business Status Reports to the Company.
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| 3.7 |
Errors or Questions
If a Business Owner has questions about or believes any error has
been made regarding earnings, Business Status Reports, or charges,
the Business Owner must notify eCosway in writing via email within
60 days of the date of the purported error or incident in question.
eCosway will not be responsible for any errors, omissions or problems
not reported to it within 60 days.
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| 3.8 |
Excess Inventory Purchases
Prohibited
Business Owners are not required to carry inventory of merchandise
or sales aids. Business Owners who do so may find making retail
sales and building a branch network somewhat easier because of the
decreased response time in fulfilling Shopper orders or in meeting
a new Business Owner's needs. Each Business Owner must make his
or her own decision with regard to these matters.
eCosway strictly prohibits the purchase of merchandise in unreasonable
amounts primarily for the purpose of qualifying for earnings or
advancement in the Profit Plan. Business Owners may not purchase
more inventory than they can reasonably resell or consume in a month
nor may they encourage others to do so.
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| 3.9 |
Governmental
Approval or Endorsement
The majority of national, federal, state, provincial, territorial,
or local regulatory agencies or officials do not engage in the approval
or endorsement of any direct selling or network marketing companies
or programs. Therefore, Business Owners shall not represent or imply
that eCosway or its Profit Plan have been "approved,"
"endorsed" or otherwise sanctioned by any government agency,
unless the Company or the Profit Plan have been so approved or officially
sanctioned by such an agency.
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| 3.10 |
Holding Applications or
Orders
Business Owners must not manipulate enrollments of new Business
Owners, or purchases of merchandise. The holding of applications
or orders constitutes "stacking." The term "stacking" includes:
(a) the failure to transmit to eCosway, or the holding of an Business
Owner Application and Agreement, in excess of twenty-four (24) hours
after the time any funds are or credit card information is provided
by the new Business Owner (unless the transmission of a Business
Owner Application and Agreement is not possible due to the contingencies
set forth in Section 1.4); (b) the placement or manipulation of
Business Owner Applications and Agreements for the purpose of maximizing
earnings pursuant to eCosway's Profit Plan; or (c) providing financial
assistance to new Business owners for the purpose of maximizing
earnings pursuant to eCosway's Profit Plan. Stacking constitutes
a material breach of these Policies and Procedures, and is strictly
and absolutely prohibited.
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| 3.11 |
Identification
A Business Owner must provide the Official Identification Number
which his or her bank will accept for the opening of bank account
in the country in which the Business Owner resides. This information
must be provided to eCosway via the Business Owner Application and
Agreement.
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| 3.12 |
Income Taxes
Every year, eCosway will provide appropriate income tax reports
to residents of countries that require such reports. Each Business
Owner is responsible for paying national, federal, state, provincial,
territorial or local taxes on any income generated as a Business
Owner.
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| 3.13 |
Independent Contractor
Status
Business Owners are independent contractors, and are not purchasers
of a franchise or a business opportunity. The agreement between
eCosway and its Business Owners does not create an employer/employee
relationship, agency, partnership, or joint venture between the
Company and the Business Owner. Business Owners shall not be treated
as an employee for his or her services or for national, federal,
state, provincial, territorial, or local tax purposes. All Business
Owners are responsible for paying national, federal, state, provincial,
territorial, or local taxes due from all profits and incentives
earned as a Business Owner of the Company. The Business Owner has
no authority (expressed or implied), to bind the Company to any
obligation. Each Business Owner shall establish his or her own goals,
hours, and methods of sale, so long as he or she complies with the
terms of the Business Owner Agreement, these Policies and Procedures,
and applicable laws.
The name of eCosway and other names as may be adopted by eCosway
are proprietary trade names, trademarks and service marks of eCosway.
As such, these marks are of great value to eCosway and are supplied
to Business Owners for their use only in an expressly authorized
manner. Use of eCosway name on any item not produced by the Company
is prohibited except as follows:
Business Owner's
Name
Business Owner
All Business Owners may list themselves as an "eCosway Independent
Business Owner" in the white or yellow pages of the telephone directory
under their own name, however, neither this phrase nor any other
verbiage identifying eCosway may be used in any email signature
file. No Business Owner may place telephone directory display advertisement
using eCosway's name or logo. Business Owners may not answer the
telephone by saying "eCosway", or in any other manner that would
lead the caller to believe that he or she has reached corporate
offices of eCosway.
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| 3.14 |
Adherence to Laws
and Ordinances
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| 3.14.1 |
Local Ordinances
Some countries, states, provinces, territories, counties, and cities
have laws regulating certain home-based businesses. In most cases
these laws are not applicable to Business Owners because of the
nature of their business. However, Business Owners must obey those
laws that do apply to them. If a governmental official tells a Business
Owner that a law, regulation, or ordinance applies to him or her,
the Business Owner shall be polite and cooperative, and immediately
send a copy of the ordinance to eCosway. In most cases there are
exceptions to the ordinance that may apply to eCosway Business Owners.
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| 3.14.2 |
Compliance with National,
Federal, State, Provincial, Territorial, or Local Laws
Business Owners shall comply with all national, federal, state,
provincial, territorial, or local laws and regulations in the conduct
of their businesses.
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| 3.15 |
Minors
A person who is recognized as a minor in his or her country or state
of residence may not be an eCosway Business Owner. Business Owners
shall not enroll or introduce minors into the eCosway program.
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| 3.16 |
Multiple
eCosway Businesses
A Business Owner may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one eCosway business unless the Business Owner previously enrolled with a multiple ID option as allowed by eCosway and registered the different IDs with the same account profile. No individual may have, operate or receive earnings from more than one eCosway business in any other manner except in the allowed configuration of the allowed business IDs sharing one profile. Exceptions to this rule will be considered on a case by case basis in certain cases (e.g., a Business Owner who receives an interest in another business through inheritance). Requests for exceptions to policy must be submitted in writing to eCosway.
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| 3.17 |
Re-packaging and Re-labeling
Prohibited
Business Owners may not re-package, re-label, refill or alter the
labels on any eCosway merchandise, information, materials or programs
in any way. eCosway merchandise must be sold in their original containers
only. Such re-labeling or re-packaging would likely violate national,
federal, state, provincial, territorial or local laws, which could
result in severe criminal penalties. Business Owners should also
be aware that civil liability can arise when, as a consequence of
the re-packaging or re-labeling of merchandise, the persons using
the merchandise suffer any type of injury or their property is damaged.
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| 3.18 |
Requests for Records
In the event that a report, document or record is available online,
a Business Owner should download and print it from the eCosway System.
Any request from a Business Owner to eCosway for copies of invoices,
applications, Business Status Reports or other records will be available
for a fee. This fee covers the expense of mailing and time required
to research files and make copies of the records.
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| 3.19 |
Roll-up of Business Network
When a vacancy occurs in a business network due to the termination
of a Business Owner, the branches which are directly linked to the
terminated Business Owner will be moved up to the Business Owner
who is linked directly above the terminated Business Owner. For
example, if A introduces B, and B introduces C1, C2 and C3, if B
terminates his or her business, C1, C2 and C3 will "roll-up" to
A and become A's immediate branches. This roll-up process will also
apply to the network of Shoppers which is linked to the terminated
Business Owner.
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| 3.20 |
Sale, Transfer or Assignment
of eCosway Business
Although an eCosway business is a privately owned, independently
operated business, the sale, transfer or assignment of an eCosway
business is subject to certain limitations. If a Business Owner
wishes to sell his or her eCosway business, the following criteria
must be met:
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a)
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Protection of the existing
branch must always be maintained so that the eCosway business continues
to be operated in that branch.
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b)
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The buyer or transferee must
be (or must become) a qualified eCosway Business Owner. If the buyer
is an active eCosway Business Owner, he or she must first obtain
the approval from eCosway before termination of his or her eCosway
business simultaneously with the purchase, transfer, assignment
or acquisition of any interest in the new eCosway business. The
three (3) month waiting period set forth in Section 3.4.2 shall
not apply to the sale, transfer or assignment of an eCosway business
pursuant to this section.
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c)
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Before the sale, transfer
or assignment can be finalized and approved by eCosway, any debt
obligations the selling Business Owner has with eCosway must be
satisfied.
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d)
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The selling Business Owner
must be in good standing and not in violation of any of the terms
of the Agreement in order to be eligible to sell, transfer or assign
an eCosway business.
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Prior to selling an eCosway
business, the selling Business Owner must notify eCosway of his
or her intent to sell the eCosway business. No changes in that branch
can result from the sale or transfer of an eCosway business.
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| 3.21 |
Branch Linkage
All active Business Owners in good standing have the right to introduce
and enroll others into eCosway. Should there be a dispute in the
linkage caused by multiple registration by a Business Owner or Shopper,
the earlier registration received by the Company will be deemed
controlling.
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| 3.22 |
Succession
Upon the death or incapacitation of a Business Owner, 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.
Accordingly, a Business Owner should consult an attorney to assist
him or her in the preparation of a will or other testamentary instrument.
Whenever an eCosway business is transferred by a will or other testamentary
process, the beneficiary acquires the right to collect all earnings
of the deceased Business Owner's business network provided the following
qualifications are met. The successor(s) must:
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a)
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Execute a new Business Owner
Agreement; and
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b)
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Comply with terms and provisions
of the Agreement.
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Profit and incentive payments
of an eCosway business transferred pursuant to this section will
be remitted to the bank account of the beneficiaries. The beneficiaries
must provide eCosway with the details of the bank account to which
all profit and incentive payments will be remitted. If the business
is bequeathed to joint beneficiaries, they must form a business
entity. eCosway will issue all earnings and appropriate tax reporting
forms (if any) to the business entity. An individual's interest
in more than one eCosway business will be allowed only in the event
of the death or incapacitation of a Business Owner.
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| 3.23 |
Transfer Upon Death of
a Business Owner
To effect a testamentary transfer of an eCosway business, the successor
must provide the following to eCosway: (1) an original death certificate;
(2) a notarized copy of the will or other instrument establishing
the successor's right to the eCosway business; and (3) a completed
and executed Business Owner Agreement.
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| 3.24 |
Transfer Upon Incapacitation
of a Business Owner
To effect a transfer of an eCosway business because of incapacity,
the successor must provide the following to eCosway: (1) a notarized
copy of an appointment as trustee; (2) a notarized copy of the trust
document or other documentation establishing the trustee's right
to administer the eCosway business; and (3) a completed Business
Owner Agreement executed by the trustee.
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| 4 |
SECTION - RESPONSIBILITIES
OF BUSINESS OWNERS
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| 4.1 |
Change of Address or Telephone
To ensure timely delivery of merchandise, support materials, and
remittance of payment, it is critically important that eCosway's
files are current. Street addresses are required for shipping as
eCosway will not deliver to a post office box. To guarantee proper
delivery, Business Owners must immediately update their individual
Profile Page with their new delivery address and telephone numbers
whenever the need arises. The update will only be effective for
the Business Owner's subsequent purchase transactions.
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| 4.2 |
Ongoing Sales Responsibilities
Regardless of their level of achievement, Business Owners have an
ongoing obligation to continue to personally promote sales through
the generation of new Shoppers and through servicing their existing
customers.
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| 4.3 |
Nondisparagement
eCosway wants to provide its independent Business Owners with the
best merchandise, Profit Plan and service in the industry. Accordingly,
eCosway values Business Owners' constructive criticism and comments.
All such comments should be submitted via email to eCosway. While
eCosway welcomes constructive input, negative comments and remarks
made in the field by Business Owners about the Company, its merchandise,
or Profit Plan, serve no purpose other than to sour the enthusiasm
of other eCosway Business Owners. For this reason, and to set the
proper example for their branch network, Business Owners must not
disparage eCosway, other eCosway Business Owners, eCosway's merchandise,
the Profit Plan, or eCosway's directors, officers, or employees
and any disparagement of the aforesaid would constitute a material
breach of these Policies and Procedures.
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| 4.4 |
Reporting Policy Violations
Business Owners observing a Policy violation by another Business
Owner should submit a written or email report of the violation directly
to the attention of eCosway. Details of the incidents such as dates,
number of occurrences, persons involved, and any supporting documentation
should be included in the report.
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| 5 |
SECTION - SALES
REQUIREMENTS
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| 5.1 |
Product Sales
The eCosway Profit Plan is based upon the sale of eCosway merchandise
to end consumers. Business Owners must satisfy the personal sales
and Shopper requirements as specified in the eCosway Profit Plan
(as well as meet other responsibilities set forth in the Agreement)
to be eligible for profits and incentives. "Personal Branch eVolume"
includes purchases made by the Business Owner and purchases made
by the Business Owner's Shopper network.
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| 5.2 |
No Territory Restrictions
There are no exclusive territories granted to anyone. No franchise
fees are required.
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| 6 |
SECTION - EARNINGS
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| 6.1 |
Profit and Incentive Qualifications
A Business Owner must be active and in compliance with the Agreement
to qualify for profits and incentives. So long as a Business Owner
complies with the terms of the Agreement, eCosway shall pay profits
and incentives to such Business Owner in accordance with the Profit
Plan. All earnings will be accumulated in the Business Owner's eAccount.
Each Business Owner must select a "Minimum eAccount Balance" in
his or her individual eAccount to enable automatic deductions to
be made for annual access fee and purchases. Each Business Owner
must also select a "Minimum eAccount Transfer Amount," which shall
be the minimum amount that eCosway will transfer out of the Business
Owner's eAccount to his or her bank account, while maintaining the
Minimum eAccount Balance.
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| 6.2 |
Business Status Reports
All information provided by eCosway in online Business Status Reports,
including but not limited to sales volume in the personal branch
and branch network (or any part thereof) and business network activity,
is believed to be accurate and reliable. Nevertheless, due to various
factors including the inherent possibility of human and mechanical
error; the accuracy, completeness and timeliness of orders; denial
of credit card; returned merchandise; credit card charge-backs;
the information is not guaranteed by eCosway or any persons creating
or transmitting the information.
ALL BUSINESS STATUS 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, eCOSWAY
AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL
IN NO EVENT BE LIABLE TO ANY BUSINESS OWNER OR ANYONE ELSE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO BUSINESS STATUS
REPORT INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, EARNINGS,
LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY,
INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE
INFORMATION), EVEN IF eCOSWAY 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, eCOSWAY OR OTHER
PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY
OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE,
STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT
TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS
RELATED THERETO.
Access to and use of eCosway's online services and the Business
Status Report information is at the Business Owner's own risk. All
Business Status Report information is provided to Business Owners
"as is". If a Business Owner is dissatisfied with the Business Status
Report information, his or her sole and exclusive remedy is to discontinue
use of and access to eCosway's online Business Status Report services
and the Business Status Report information.
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| 7 |
SECTION - DISPUTE
RESOLUTION AND DISCIPLINARY PROCEEDINGS
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| 7.1 |
Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, or any
illegal, fraudulent, deceptive or unethical business conduct by
a Business Owner may result, at eCosway's discretion, in one or
more of the following corrective measures:
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a)
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Issuance of a written warning
or admonition;
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b)
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Requiring the Business Owner
to take immediate corrective measures;
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c)
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Imposition of a fine which
may be withheld from profit and incentive payments;
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d)
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Loss of rights to one or
more profit and incentive payments;
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e)
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eCosway may withhold from
a Business Owner all or part of the Business Owner's profits and
incentives during the period that eCosway is investigating any conduct
allegedly violative of the Agreement. If a Business Owner's business
is canceled for disciplinary reasons, the Business Owner will not
be entitled to recover any earnings withheld during the investigation
period;
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f)
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Suspension of the individual's
Business Owner Agreement for one or more pay periods;
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g)
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Involuntary termination of
the offender's Business Owner Agreement;
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h)
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Any other measure expressly
allowed within any provision of the Agreement or which eCosway deems
practicable to implement and appropriate to equitably resolve injuries
caused partially or exclusively by the Business Owner's policy violation
or contractual breach;
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i)
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In situations deemed appropriate
by eCosway, the Company may institute legal proceedings for monetary
and/or equitable relief.
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| 7.2 |
Grievances and Complaints
When a Business Owner has a grievance or complaint with another
Business Owner regarding any practice or conduct in relationship
to their respective eCosway businesses, the complainant Business
Owner should first report the problem to eCosway. eCosway will review
the facts and attempt to resolve it. If it is not resolved, it will
be referred to the Dispute Resolution Board for final review and
determination.
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| 7.3 |
Dispute Resolution Board
The purpose of the Dispute Resolution Board ("DRB") is to: (1) review
appeals of disciplinary sanctions; and (2) review matters between
eCosway Business Owners. After the response or settlement instituted
by eCosway has been denied or otherwise remains unresolved, the
Dispute Resolution Board reviews evidence, deliberates, and responds
to current outstanding issues on a collective basis.
A Business Owner may submit a written request within seven business
days from the date of: (1) the written notice by eCosway of disciplinary
action; or (2) the written decision of eCosway regarding disputes
between Business Owners. All communication with eCosway and the
Business Owner seeking resolution of a dispute must be in writing.
It is within the DRB's discretion whether a claim is accepted for
review. If the DRB agrees to review the matter, it shall schedule
a hearing within twenty-one (21) business days of the receipt of
the Business Owner's written request. All evidence (e.g., documents,
exhibits, etc.) that a Business Owner desires to have considered
by the DRB must be submitted to eCosway no later than seven business
days before the date of the hearing. The Business Owner shall bear
all of the expenses related to his or her attendance and the attendance
of any witnesses he or she desires to be present at the hearing.
The decision of the Dispute Resolution Board will be final and subject
to no further review. During the pendency of the claim before the
DRB, the Business Owner waives his or her right to pursue arbitration
or any other remedy.
Following issuance of a sanction, the disciplined Business Owner
may appeal against the sanction to the DRB. Business Owner's appeal
must be in writing and received by the Company within 15 business
days from the date of eCosway's cancellation notice. If the appeal
is not received by eCosway within the 15 business day period, the
sanction will be final. The Business Owner must submit all supporting
documentation with his or her appeal correspondence. If the Business
Owner files a timely appeal against cancellation, the DRB will review
and reconsider the cancellation, consider any other appropriate
action, and notify the Business Owner in writing of its decision.
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| 7.4 |
Arbitration
Any controversy or claim arising out of or relating to the Agreement,
or the breach thereof, shall be settled by arbitration administered
by the Kuala Lumpur Regional Centre for Arbitration (the "Centre")
under its Rules for Arbitration, and judgment on the award rendered
by the arbitrator may be entered in any court having jurisdiction
thereof. If a Business Owner files a claim or counterclaim against
eCosway, he or she may only do so on an individual basis and not
with any other Business Owner or as part of a class or consolidated
action. Business Owners waive all rights to trial by jury or to
any court. All arbitration proceedings shall be held in the City
of Kuala Lumpur, Malaysia. Each of the parties shall be responsible
for one-half of the total of: (1) the arbitrator's or arbitrators'
fees; and (2) the costs of arbitration. The decision of the arbitrator
shall be final and binding on the parties and may, if necessary,
be reduced to a judgment in any court of competent jurisdiction.
This agreement to arbitrate shall survive any termination or expiration
of the Agreement.
Nothing in these Policies and Procedures shall prevent eCosway 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 eCosway'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.
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| 7.5 |
Governing Law, Jurisdiction
and Venue
Jurisdiction and venue of any matter not subject to arbitration
shall reside in Kuala Lumpur, Malaysia. The Malaysian Arbitration
Act 1952 and the Centre's Rules of Arbitration shall govern all
matters relating to arbitration. The laws of the Malaysia shall
govern all other matters relating to or arising from the Agreement.
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| 8 |
SECTION - SHOPPING
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| 8.1 |
Shopping Terms and Conditions
for Business Owners
eCosway provides a wide range of merchandise sourced directly
from Suppliers. Business Owners shall abide by the Shopping Terms
and Conditions when purchasing any merchandise at the eCosway Shopping
Mall or eCosway appointed eCenters (where applicable).
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| 8.2 |
Purchasing eCosway Merchandise
Business Owners must purchase merchandise using his or her own Business Owner identification number so that eVolume, Qualification Units, Value Points, Card Value Points and Redemption Points (if applicable) are credited to their personal branch.
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| 8.3 |
Shopper Rewards Program
Business Owners shall participate in the Shopper Rewards Program
and build a network of Shoppers by giving them, his or her personal
ID for accessing eCosway Shopping Mall. All eVolume and Qualification
Units generated by the Shopper network and Value Points generated
by the Shoppers whom the Business Owner personally referred shall
be credited to the Business Owner's personal branch.
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| 8.4 |
Pricing
Unless stated otherwise, all merchandise listed in eCosway Shopping
Mall are priced in US Dollars and may be subject to change from
time to time at the sole discretion of eCosway without prior notice.
However, for merchandise offered for sale at eCosway appointed centers,
the Company reserves the right, where appropriate, to price the
merchandise in the local currencies.
Prices listed in eCosway Shopping Mall do not include import duties,
sales taxes, value added taxes, or other taxes which may be imposed
by the country to which the merchandise will be delivered. All duties,
sales taxes, value added taxes, customs fees, and other charges
are to the sole and exclusive responsibility of the recipient.
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| 8.5 |
Freight Charges
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a)
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The amount of freight charges
is calculated based on the delivery cost from the Supplier's country
to the delivery address. In some instances eCosway may subsidize
the freight charges.
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b)
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Freight charges for each
item ordered will be determined once the delivery address is submitted
by the Business Owner upon check-out from the eCosway Shopping Mall.
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c)
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Freight charges are not refundable.
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d)
|
Reimbursement of freight
charges will only be made for the return of defective merchandise
or in the event the wrong item is sent.
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e)
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Freight charges are not applicable
to offline purchases made at eCosway appointed centers where delivery
is not required.
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| 8.6 |
Payment
All acceptable modes of payment will be listed in the eCosway website.
However, eCosway reserves the right at its sole discretion not to
accept a certain mode of payment without specifying the reason thereto.
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| 8.7 |
Delivery
Delivery of orders will take about 3 weeks, and subject to availability
of the merchandise ordered. In certain circumstances where further
verification of credit card payment is necessary, delivery may be
delayed.
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| 8.8 |
Verification of Business
Owner's Credit Card Particulars
The Business Owner agrees to the verification of credit card particulars
by eCosway or its Agent when required.
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| 8.9 |
Acceptance of Orders
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a)
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The Business Owner will receive
via email address provided by as per in Business Owner's profile,
an Order Confirmation together with an Order number when the order
has been accepted by eCosway and an Order Delivery email stating
the airway bill number of the shipped item for reference.
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b)
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There will be no further
notifications relative to an order unless there is a problem with
the order (e.g., non-availability or insufficient quantity). In
such instances eCosway will communicate with the Business Owner
via electronic mail.
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| 8.10 |
Cancellation Process
Orders are processed automatically and immediately. Therefore, a
Business Owner is not allowed to cancel the order but may return
the merchandise to eCosway in accordance with the Returns Policy
and Procedure. Cancellation of orders will only be allowed if the
orders have not been fulfilled by the Supplier. Business Owners
must check the Order Status and only if the orders have not been
fulfilled, may then submit the online Cancellation Form to eCosway.
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| 8.11 |
Returns
Policy and Procedure
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a)
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The return of any merchandise
must be within ten (10) days from the date of its receipt.
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b)
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All merchandise may be returned
unless specified otherwise in the shopping pages of the eCosway
Shopping Mall.
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c)
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The Business Owner must complete
and submit the online Merchandise Return Form.
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d)
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Upon approval, a Merchandise
Return Number (MRN) will be sent by eCosway via electronic mail
to the Business Owner, and the Business Owner can proceed with the
return of the merchandise.
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e)
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All returned merchandise
must be in original packaging and original condition; and sent to
the Supplier's address stated on the shipping label with freight
charges prepaid and borne by the Business Owner. Suppliers will
not accept shipping-collect charges. Proper shipping cartons and
packaging materials are to be used in packaging the merchandise
being returned. The Merchandise Return Number must be written on
the Invoice which is to accompany the returned item to the Supplier.
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f) |
The Business Owner must retain
all supporting courier documents as proof of returning the merchandise
and for tracking purposes. If the returned merchandise is not received
by the Supplier, it is the responsibility of the Business Owner to
trace the shipment and file a claim for the lost or damaged merchandise. |
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g)
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Returned merchandise will
only be accepted if all the conditions and procedure in the Returns
Policy have been complied with.
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| 8.12 |
Refunds
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a)
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eCosway will notify the Business
Owner via electronic mail of the refund once the returned merchandise
has been received by eCosway's Supplier.
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b)
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The amount to be refunded
will be credited into the Business Owner's Refund eAccount.
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c)
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The Business Owner must first
fully utilize the said credit balance available in the Refund eAccount
as payment for the Business Owner's next purchases before other
modes of payment.
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| 8.13 |
Adjustment to Business
Owner's eVolume, Qualification Units and Value Points
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a)
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The eVolume (eV), Qualification Units ("QU"), Value Points (VPs), Card Value Points (CVPs) and Redemption Points (RPs) assigned to the returned merchandise by both Business Owners and their Shoppers will be deducted from the Business Owner's Personal Branch eV, QU, VPs, CVPs and RPs in the same month of the date of receipt of the returned merchandise.
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b)
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If the Business Owner's existing eV, QU, VPs, CVPs and RPs for the month and those retained in reserves are insufficient to meet the deductions of the eV, QU, VPs, CVPs and RPs assigned to the returned merchandise, deduction shall continue every month thereafter until the eV, QU, VPs, CVPs and RPs are completely recovered.
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| 8.14 |
Timing of Orders
All orders, regardless of the local time of the country in which
they are placed, are effective as of the date and time in Kuala
Lumpur, Malaysia, which is +8 hours GMT. For example, if an order
is placed on Tuesday at 2:00 p.m. in New York, the actual time of
the order will be Wednesday at 2:00 a.m. Business Owners should
always check Malaysian time when placing orders by clicking on the
"Server Time" button which is found on all ordering pages. All qualification
periods will close as of the time specified in official eCosway
publications as of the local time in Kuala Lumpur, Malaysia.
All orders will be deemed to be received when payment is accepted by eCosway. If the mode of payment for an order is rejected or declined for any reason, the order will be rejected and will not be credited for any purposes (including the accumulation of eV, QU, VPs, CVPs or RPs). Business Owners should submit orders earlier in the month if they wish to include the orders in current month purchases. eCosway is not responsible for any delay in the submission of orders due to circumstances beyond its reasonable control.
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| 9 |
SECTION - INACTIVITY
AND CANCELLATION
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a)
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Effect
of Cancellation
So long as a Business Owner remains active and complies with the
terms of the Business Owner Agreement and these Policies and Procedures,
eCosway shall pay profits and incentives to such Business Owner
in accordance with the Profit Plan. A Business Owner's earnings
constitute the entire consideration for the Business Owner's efforts
in generating sales and all activities related to generating sales
(including building a business network). Following a Business Owner's
non-renewal of his or her Business Owner Agreement, cancellation
for inactivity, or voluntary or involuntary cancellation of his
or her Business Owner Agreement (all of these methods are collectively
referred to as "cancellation"), the former Business Owner
shall have no right, title, claim or interest to the business network
which he or she has built, or any earning from the sales generated
by the business network. A Business Owner whose business is canceled
will permanently lose all rights as a Business Owner. This includes
the right to sell eCosway merchandise and the right to receive future
earnings or other income resulting from the sales and other activities
of the Business Owner's former business network. In the event of
cancellation, Business Owners agree to waive all rights they may
have, including but not limited to property rights to their former
business network and to any profit and incentive or other remuneration
derived from the sales and other activities from his or her former
business network.
eVolume derived from the sales of a Business Owner who has cancelled his or her Business Owner Agreement continues to count towards the groups eVolume.
The former Business Owner shall not
hold himself or herself out as an eCosway Business Owner and shall
not have the right to sell eCosway merchandise. A Business Owner
whose Business Owner Agreement is canceled shall receive earnings
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).
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b)
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Involuntary Cancellation
A Business Owner's violation of any of the terms of the Agreement,
including any amendments that may be made by eCosway in its sole
discretion, may result in any of the sanctions listed in Section
7.1, including the involuntary cancellation of his or her Business
Owner Agreement. Cancellation shall be effective on the date on
which written notice is emailed to the Business Owner's last known
email address, or when the Business Owner receives actual notice
of cancellation, whichever occurs first.
The Company expressly reserves the right
to terminate the Agreement and cease the eCosway business by giving
thirty (30) days written email notice in the event that it elects
to: (1) cease business operations; (2) dissolve as a corporate entity;
or (3) terminate distribution of its merchandise via direct selling.
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| 9.1 |
Voluntary Cancellation
A Business Owner has a right to cancel his, her, or its Business
Owner Agreement 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 Business Owner's name,
address, and Business Owner Identification Number (ID).
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| 9.2 |
Non-renewal
A Business Owner may also voluntarily cancel his or her Business
Owner Agreement on the anniversary month of registration.
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| 10 |
SECTION
- DEFINITIONS |
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| 10.1 |
Active Business Owner
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A Business Owner who satisfies
the minimum activity requirements, as set forth in the eCosway Profit
Plan, to be eligible to receive profits and incentives.
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| 10.2 |
Agreement |
- |
The contract between the
Company and each Business Owner includes the Business Owner Agreement,
the eCosway Policies and Procedures, and the eCosway Profit Plan,
all in their current form and as amended by eCosway in its sole
discretion. These documents are collectively referred to as the
"Agreement."
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| 10.3 |
Branch |
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An extension of the eCosway Shopping
Mall allotted for each Business Owner. |
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| 10.4 |
Branch Network |
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Group of Business Owners referred
directly or indirectly to register with eCosway by a Business Owner
no matter how many generations of referrals occur. |
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| 10.5 |
Business Network |
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The sum total of a Business Owner's
Personal Branch including his or her Shopper network and branch network. |
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| 10.6 |
Business Owner |
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A "Business Owner" is an individual
who has completed an eCosway Business Owner Application and Agreement
and thereby acquired the rights and responsibilities of an eCosway
business. |
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| 10.7 |
Business Status Report |
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A report generated by eCosway
that provides critical data relating to sales information and enrollment
activity of each Business Owner's business network. This report
contains confidential and trade secret information which is proprietary
to eCosway.
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| 10.8 |
Cancellation |
- |
The termination of a Business
Owner's business. Cancellation may be either voluntary, involuntary,
through non-renewal or inactivity.
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| 10.9 |
Company |
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The term "Company" as it
is used throughout the Agreement means eCosway.com Sdn Bhd (Private
Limited), a company incorporated under the laws of Malaysia with
the company number (509213-A).
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| 10.10 |
Earnings |
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A collective term used to describe
the profits and incentives available pursuant to the eCosway Profit
Plan. |
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| 10.11 |
End Consumer |
- |
A person who purchases eCosway
merchandise for the purpose of personally consuming them rather
than for resale to someone else.
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| 10.12 |
Personal Branch |
- |
The Business Owner's own branch
of the eCosway Shopping Mall where his or her personal purchases and
the purchases of his or her Shopper network are credited. |
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| 10.13 |
Official eCosway Material
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Literature, websites, audio
or video tapes, files, and other materials developed, printed, published
and distributed by eCosway to Business Owners.
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| 10.14 |
Roll-Up |
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The process by which a vacancy
is filled in a business network.
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| 10.15 |
Shopper |
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An individual who purchases
merchandise from the eCosway Shopping Mall.
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| 10.16 |
Shopper Network |
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Group of Shoppers referred
directly or indirectly to purchase from a Business Owner's branch,
no matter how many generations of referrals occur.
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