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Advertising & Anti-Spam Policies
PLEASE NOTE: The following policies which are particularly relevant
to your promotional activities are taken directly from SECTION THREE
of the eCosway Policies and Procedures that you electronically signed
and agreed to when you registered as an eCosway Business Owner.
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.
Advertising 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.
Advertising & Anti-Spam Policies
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, eVolume, and Qualification
Units 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 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
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 activities listed in Section A in any of the circumstances
listed in Section B listed below:
Using the words Cosway or eCosway (even when contained within another
word such as MyCosway or eCoswayNow etc. )
Using derivative spellings of these words (such as e-Cosway, eeCosway
Referring to Cosway or eCosway.
Linking to any of the eCosway URLS or websites* (see list).
Linking to a site which subsequently links to an eCosway URL or
Using a "pointer page" or "redirect link"
which ends up on any eCosway website.
Transmitting any information which directly or indirectly implies
While violating any local, state, federal or international laws
including those regarding UCE - unsolicited commercial email.
In a website address.
In a classified advertisement of any sort (except as specifically
allowed by eCosway-see the marketing guidelines).
In a signature file (except as specifically allowed by eCosway-see
the marketing guidelines).
In any email to any person or prospect who has not specifically
requested the information or given you permission to send it.
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.
In any email sent as a response to someone who has posted a message,
placed a classified advertisement, or sent you an unsolicited email.
In any email sent without a valid return email address that a
recipient can reply to.
In any email which uses a false or misleading name, a false or
misleading heading, false or misleading header, a false or misleading
subject line, or any other false or misleading information.
While communicating in a chat room without first getting permission
or a request.
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.
While posting to any forum, usenet or other newsgroup, majordomo
list, bulletin board, discussion list, or other similar groups or
lists on the Internet.
In any online or printed materials that are not pre-approved by
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
- Any website given to a Business Owner by eCosway (including the 30
megabytes .cc website).
- Any subsequent URLs or domains used by, or reserved for use by eCosway.
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.
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,
- 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
- The use of scripts designed to meet the prospect's objections
- Repeated phone calls
- Phone calls designed to entrap the prospect
- Threatening tones on the telephone
- Informing the prospect that there is little time within which to
make a decision.
Websites, Domain Names, and E-Mail 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, 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
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.
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,
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
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.
"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.
Unauthorized Claims and Actions
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 judgments, 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.
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
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.
Conflicts of Interest
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:
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
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).
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:
Use the information to compete with eCosway or for any purpose other
promoting his or her eCosway business; or
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.
Upon demand by the Company, any current or former Business Owner will
return the original and all copies of Business Status Reports to the
Governmental Approval or Endorsement
The majority of national, federal, state, provincial, territorial, or
local regulatory agencies or officials do not approve or endorse 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.
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.
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.
Use of the eCosway Name
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
All Business Owners may list themselves as an eCosway 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.
Adherence to Laws and 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.
Business Owners shall comply with all national, federal, state, provincial,
territorial, or local laws and regulations in the conduct of their businesses.