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Company Policies

Capitalised terms used in the Statement of Policies have the meanings set forth in the Definition of Terms.

Version.6 – 14-04-2020

1. Becoming an Associate

To apply as an Associate, an applicant must:

  1. Have a Sponsor who has a valid Maxx4 Business Licence
  2. Submit an online Associate Application Form including a valid TAX ID/No.
  3. Purchase a Starter Pack. Once those steps are completed, if the application is successful, the Applicant will be given a Business Licence and is authorised to introduce products and the business opportunity to Customers and prospective Associates. Maxx4 reserves the right to refuse an applicant’s Application and not issue a Business Licence. If an Associate is a UK citizen, it is forbidden to purchase more than £200 (approx. €224) of product within 7 days of submitting an Application Form.

2. Individuals, Corporations and Tax-Exempt Entities

Maxx4 will only consider for acceptance as Associates individuals or entities that fall into one of the following categories:

  1. Individuals who are of the legal age.
  2. Married couples of which at least one is of legal age.
  3. Corporations in good standing in the state, province, or country of their incorporation which have as their sole shareholder(s), director(s) and officer(s) either one unmarried individual or a married couple, which are established in accordance with Maxx4 guidelines.
  4. Tax exempt entities which are registered and approved as tax exempt institutions under the applicable law.

3. Proper Completion of Documents

All applications must be completely and properly filled out. No alterations will be accepted. Associate Applications will only be accepted by Maxx4 in their original unaltered form, regardless of passage of time or payment of commissions by Maxx4. Maxx4 will not be responsible for loss of commissions or bonuses or for delays in Associate Applications or orders due to illegible or incomplete information.

4. Ordering

All orders are credited to the calendar month in which they are received by Maxx4. For purposes of product orders, the calendar month ends on the last day of the month at 12:00:00 a.m. midnight Central European Time / 11:00:00pm UK Time and begins on the first day of the month at 12:00:01 a.m. Central European Time / 11:00:01pm UK Time. Orders may be placed through the Maxx4 online shop. Orders for products will usually be processed by Maxx4 within 1 working day of receipt. Shipment will be by common carrier and delivery should be expected within 2 to 7 working days depending on country. Orders placed during the last week of the month may be delayed due to the large volume of orders received at the end of the month.

5. Starter Pack & Product Refund

If an Associate terminates his/her Business Licence and returns his/her Starter Pack or any other product to Maxx4 within 14 days of receipt of the Starter Pack or products, Maxx4 will give the Associate a full refund for the cost of the Starter Pack or products. A refund will only be sent to the Associate in whose name the Starter Pack or products have been purchased. Contact Customer Service by emailing rma@maxx4.com for an RMA (Return Merchandise Authorisation) number. Any products being returned must be unopened and still have it’s original seal intact. All products must be returned to Maxx4 with shipping prepaid by the Associate in order to receive the above refund. Maxx4 may charge back all commissions, bonuses and rebates paid by Maxx4 relating to the purchases of those products.

6. Associates Are Not Corporate Representatives

Associates are not corporate representatives of Maxx4 and are not authorised to incur any debt, expense or obligation on behalf of or for Maxx4, nor bind Maxx4 to any agreement or contract.

7. Sale of Products

In order to protect the safety and integrity of Maxx4’s products and to protect consumers of Maxx4’s products, Associates may not offer for sale any non-saleable, expired or diminished products. Products may be promoted on social media and other websites, as long as the site links back to the Maxx4 online shop. Products may not be sold online other than from the Maxx4 online shop. It is forbidden to promote Maxx4 products on selling platforms such as Amazon and Ebay. Maxx4 shall have the right to meet any such offers with legal action and to recover its legal fees and costs in connection with any such legal action. Maxx4 may audit Facebook groups and other Social Media groups to ensure compliance with these policies.

8. Errors or Questions

Associates should notify Maxx4 immediately of any errors or questions about commissions, bonuses, orders or charges. Maxx4 will correct any errors reported to it within 30 days, but Maxx4 will not be responsible for any errors, omissions or problems not reported within 30 days.

9. Joint Ownership of a Business

Independent Maxx4 Businesses may only be owned by an individual or a married couple, or by corporations, tax exempt entities or trusts that comply with Maxx4 guidelines. If a couple who jointly owns an Independent Maxx4 Business divorces, they may apply to have the Independent Maxx4 Business transferred to one of them as the sole owner. The divorced couple must submit to Maxx4 a written request specifying to which person the Independent Maxx4 Business will be transferred. The request must either contain the notarised signature of both parties or contain the notarised signature of at least one party and include a certified copy of the court approved divorce decree or property settlement that designates to which party the Independent Maxx4 Business should be transferred. Maxx4 shall not be obligated to transfer any Independent Maxx4 Business to any person who Maxx4 deems in its sole discretion is not qualified to operate and own such business. If the transfer is approved, the person to whom the Independent Maxx4 Business is being transferred must sign and submit to Maxx4 a new Application.

10. Inheritance of Business

Upon the death of a person who is an Associate, or the death of any owner, manager, trustee or any other person with an interest in an Independent Maxx4 Business pursuant to Policy 2, an Independent Associate Agreement will automatically be cancelled, unless the Independent Maxx4 Business is inherited in accordance with this Policy 11. An Independent Maxx4 Business may only be inherited by a single person, a married couple or a trust or corporation which complies with Maxx4’s guidelines, pursuant to a valid will or other appropriate document, or in accordance with the intestacy laws of the country in which the Associate resides. A person who inherits an Independent Maxx4 Business must furnish Maxx4 with proper documentation that he/she is the beneficiary and is authorised to represent the estate. He/she must also complete an Associate Application, fulfil all of the functions of an Associate and abide by the terms of Maxx4’s Policies.

11. Sale or Transfer of Business

An Independent Maxx4 Business (except for transfers by inheritance pursuant to Policy 11) may only be sold or transferred to a single person, a married couple or a trust or corporation which complies with Maxx4’s guidelines, with prior consultancy and agreement by the Live Well Earn Well Team. A person who acquires an Independent Maxx4 Business must also complete an Associate Application, fulfil all of the functions of an Associate and abide by the terms of Maxx4’s Policies.

12. Non-Solicitation and Conflicts of Interest

Associates are independent contractors and may be active in other business ventures while they are Associates for Maxx4. Maxx4 and its Associates have made a significant investment in the establishment of organisations consisting of Customers and Associates. Those organisations constitute one of Maxx4’s most valuable assets. In order to protect the efforts of all Associates in building and maintaining their individual organisations and customer bases, and in order to protect Maxx4’s interest in the overall customer and Associate base, Associates are required to abide by the following policies:

  1. Non-Solicitation of Maxx4 Customers and Associates: During the period that his/her Independent Associate Agreements are in force Associates and his/her spouse are prohibited from directly, indirectly or through a third party recruiting any Maxx4 Customers or Associates to participate in any Competing Business Venture. Maxx4 reserves the right to cease paying compensation to any Associate who recruits any Maxx4 Associate to participate in a Competing Business Venture. The prohibitions under clause a) above include but are not limited to, presenting or assisting in the presentation of any Competing Business Venture to any Maxx4 Customer or Associate or implicitly or explicitly encouraging any Maxx4 Customer or Associate to join any other Competing Business Venture. It is a violation of this policy to Recruit a Maxx4 Customer or Associate to participate in a Competing Business Venture even if the Associate is not aware that the prospect is also a Maxx4 Customer or Associate. It is the Associate’s responsibility to first determine whether the prospect is a Maxx4 Customer or Associate before recruiting the prospect to participate in any Competing Business Venture. (Please refer specifically to the definition of “Recruit” in the Definition of Terms.)
  2. During the period that their Associate Agreements are in force, for any reason, Associates are further prohibited from the following:
    1. Producing any literature, audio or video recording or promotional material of any nature (including but not limited to websites and emails) which is used by the Associate or any third person to recruit Maxx4 Customers or Associates to participate in any Competing Business Venture;
    2. Selling, offering to sell, or promoting any competing products or services to Maxx4 Customers;
    3. Offering any non-Maxx4 product, service or Competing Business Venture in conjunction with the presentation of any Maxx4 product, service or income opportunity or at any Maxx4 meeting, seminar, launch, convention, or other Maxx4 function.
  3. Each Associate agrees that any violation of this Policy 12(a) or (b) constitutes a material breach of the Associate Agreement and immediately disqualifies the Associate from the right to receive any compensation after the date of such violation. If the Associate is in doubt, he/she should seek clarity & permission from Maxx4.
    1. Violation of any provision of this Policy 12 constitutes an Associate’s voluntary resignation and termination of his/her Business Licence, effective as of the date of the violation, and the forfeiture by the Associate of all commissions or bonuses payable for and after the calendar month in which the violation occurred.
    2. If Maxx4 pays any bonuses or commissions to the Associate after the date of the violation, all bonuses and commissions for and after the calendar month in which the violation occurred shall be deemed to be made in error, shall be recoverable damages and shall be refunded to Maxx4.
    3. Maxx4 may seek and obtain from the violating Associate both injunctive relief and damages for violations of this Policy 12. Maxx4 may, at its discretion, elect to enforce this Policy 12 by lawsuit in a court of competent jurisdiction pursuant the terms of the Business Licence.
    4. In addition to being entitled to a refund of bonuses and commissions and to damages as described above, in the event a person or entity violates this Policy 12, Maxx4 and any Associate that experiences an adverse financial impact as a result of such person’s or entity’s violation of this Policy 12 shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations or other benefits which the person or entity directly or indirectly receives and/or may receive as a result of, growing out of, or in connection with any violation of this Policy 12. Such remedy shall be in addition to and not in limitation of any damages, or injunctive relief or other rights or remedies to which Maxx4 is or may be entitled at law or in equity.
  4. Violations of this Policy 12 are especially detrimental to the growth and success of other Associates’ Independent Maxx4 Businesses and to Maxx4’s business. Consequently, Associates who have knowledge that any Associate has violated this Policy 12 must immediately report that information to Maxx4. The failure of an Associate to report such information to Maxx4 will also constitute a violation of this Policy. The names of those reporting violations of this Policy 12 will be held in confidence.
  5. Any dispute will be handled in the EU.

13. Proprietary Information and Trade Secrets

  1. By executing the Independent Associate Agreement, the Associate acknowledges that all information which is contained in the Associate Back Office and Commission Statement, including, but not limited to, names, addresses and telephone numbers of Associates and Customers, and all identifying information relating to other Associates or Customers that the Associate became aware of while conducting Maxx4 business in any way or while attending Maxx4 related events, is Maxx4’s proprietary trade secret information. The Associate agrees to protect and not to disclose such information to any third party (except to existing or prospective Maxx4 Associates or Customers for the purpose of promoting Maxx4 products and business opportunity) or to utilise such information for the purpose of promoting any other business opportunity at any time, whether during the term of his/her association with Maxx4 or thereafter. The Associate acknowledges that such proprietary trade secret information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to Maxx4 and to Independent Maxx4 Businesses. Maxx4 and its Associates will be entitled to injunctive relief to prevent violation of this policy. If litigation or arbitration is required to obtain injunctive relief or to recover damages, the prevailing party shall be entitled to an award of solicitor’s fees and expenses.
  2. The Associate’s obligations as set out in a) above shall not apply to such information which
    1. Has already been known by the Associate at the time of its receipt without any breach of contract or law; or
    2. Was public knowledge at the time of its receipt by the Associate or subsequent thereto becomes public knowledge through no fault of the Associate; or
    3. Was received by the Associate from a third party that is legally entitled to disclose such information to others without being bound by a confidentiality obligation; or
    4. Has to be disclosed to public authorities due to official regulations, provided that the Associate promptly informs Maxx4 of such disclosure and uses its best efforts to limit the disclosure to the minimum necessary; or
    5. Has been independently developed by the Associate. The Associate has the burden of proof that any of such exceptions apply.

14. Display in Stores

Maxx4 is in strong support of home-based businesses and personal product presentations. To maintain a standard of fairness, Associates may not display Maxx4 products in retail stores such as, but not limited to, pharmacies, health food stores or supermarkets. Any display of Maxx4 products to the public must be tasteful and professional.

15. Media Enquiries

It is Maxx4’s policy to have the Live Well Earn Well Team handle all enquiries from the media and all media relations. Therefore, Associates may not, for any reason, discuss their Independent Maxx4 Business with the media, nor act as spokespersons for Maxx4, nor talk to the media regarding Maxx4, its Compensation Plan, its products or services. It is a violation of this policy to provide any information to the media, regardless of whether the information is positive or negative, accurate or inaccurate. All enquiries from the media (whether radio, television, internet or print) must be immediately referred to the Live Well Earn Well Team.

16. Payment of Commissions and Bonuses and Statements

Commissions and bonuses are generally paid by Maxx4 to the Associate’s bank account between the 15th and 20th day of each month for commissions and bonuses earned during the previous month. Each Associate qualifying for a commission or bonus will receive a Commission Statement showing a breakdown of the commission to be paid. The Commission Statement will show the calculation of the Associate’s commission and bonus. The information contained in Commission Statements is Maxx4’s proprietary trade secret information, and Associates are prohibited from disseminating the information contained therein. See Policy 14 for further detail regarding Associates obligations with respect to such proprietary trade secret information. An administration/money transfer fee of €5.00 is charged to each Associate for calculating and paying commissions and is deducted from the commissions. All commissions less than €20.00 will be carried forward to the following month. Please note that whilst commissions and bonuses are paid between 15th and 20th day of the month, it may take several days to reach the Associate’s bank account, depending on the Associate’s country of residence.

17. Restrictions on International Marketing

Associates are authorised to promote the sale of Maxx4 products and to sponsor Associates only in countries where Maxx4 is formally doing business.

18. Trademark, Service Mark and Trade Name Restrictions

Customers and Associates may not use, reproduce or disseminate the Maxx4 trade name or logo or any Maxx4 trademark or service mark except in the use and dissemination of literature published and made available by the Live Well Earn Well Team and except on stationery and business cards produced and authorised by The Live Well Earn Well Team. This includes, but is not limited to, the term “Maxx4”, the leaf and drop logo, and all marks or slogans designating products or services offered by Maxx4. This includes, but is not limited to, web domains and email addresses.

19. Rules regarding Advertising, Internet Usage and Sale of Materials

  1. Associates may not:
    1. Create, publish, sell, use, display or distribute any literature, audio or video recording, internet website, telephone ad message, Internet bulletin board message, mass or bulk email message (including auto-response messages), infomercial or other print, audio, visual, electronic media or social networking sites which represents Maxx4, its products, services, Compensation Plan or business opportunity other than Official Maxx4 Material / Approved Maxx4 Material as specifically permitted pursuant to this Policy, Maxx4’s Guidelines on Internet Usage and Maxx4’s Guidelines on Social Media, or that which is produced and provided by Maxx4;
    2. Copy or reproduce any materials produced by Maxx4 except as specifically permitted pursuant to this policy;
    3. Use the Maxx4 name or logo or the name or logo of any of Maxx4’s products or services in any notice, display, advertisement or promotion, including, but not limited to, newspaper, magazine, radio, television or Internet or email advertisements, or telephone, Internet or other directories (except an Associate may have a directory listing in the following format: “Maxx4 Independent Associate – [name of Associate]”).
  2. Associates may use websites and email messages only in accordance with Maxx4’s Guidelines on Internet Usage and which may be revised and modified from time to time at Maxx4’s sole discretion. Maxx4 will take reasonable measures to publish notice of any changes to the guidelines on its website, however it is the Associates’ responsibility to review these guidelines periodically to be informed of and comply with any changes.
  3. Maxx4 will have the right, in its absolute discretion, to require that any Maxx4 related website be taken down and that any Maxx4 related email message be discontinued. An Associate’s failure to comply with any provision of this policy may result in forfeiture of commissions and bonuses, fines, and/or in termination of the Associate’s Independent Business due to good cause on the part of Maxx4.

20. Income Claims

Associates are prohibited from making false, misleading or inaccurate claims about their or other persons’ compensation received under the Compensation Plan. If, when presenting the Maxx4 business opportunity, an Associate makes any claim regarding his/her compensation from Maxx4, or the potential compensation payable under Maxx4’s Compensation Plan, the Associate must also show proof of that claim.

21. Product Claims and Warranties

Associates may not make any product or medical claims, weight loss or health benefit claims, or product warranties other than those published in Official Maxx4 Material. It is forbidden to make statements that Maxx4 products can cure or prevent diseases, or that Maxx4 products are medical products. It is forbidden to publish any testimonials which make any reference to helping any condition. It is important to understand that Maxx4 products are not medicines, but purely food supplements. Associates may not publish or distribute information relating to use of Maxx4 products other than those which are set forth in Official Maxx4 Material/Approved Maxx4 Material. Associates may not utilise Official Maxx4 Material/Approved Maxx4 Material which is approved for use in one country to make product claims or promote Maxx4 products in another country.

22. Ethical Sales Practices

Associates shall:

  1. Conduct themselves in a professional, courteous and considerate manner;
  2. Represent Maxx4 products in a sincere and honest manner;
  3. Represent the Compensation Plan only as prescribed by Official Maxx4 Material / Approved Maxx4 Material;
  4. Become familiar with and utilise marketing techniques, Maxx4’s Compensation Plan and Statement of Policies, and other materials as prescribed by Maxx4;
  5. Present the Maxx4 business opportunity in a manner which is consistent with Official Maxx4 Material; and
  6. Provide service, supervision, motivation, training and assistance to Associates in their Independent Maxx4 Business.

Associates shall not:

  1. Engage in any deceptive, unlawful, or unethical business or recruiting practice;
  2. Engage in any high pressure selling or recruiting practices;
  3. Sponsor minors or persons who are not capable of making an informed decision with respect to entering into an Associate Agreement;
  4. Seek in any way to violate or circumvent Maxx4’s Agreements or Company Policies.
  5. in addition, Associates are prohibited from, directly or indirectly, presenting or participating in any arrangement that results in:
    1. The distribution of compensation received from Maxx4 by one Associate to any other Associates or Customers,
    2. Offering any money, any form of financial subsidy or other illegitimate service (including but not limited to free product) to any (including potential) Customer for the purpose of advancement or earning commissions, or
    3. Developing the Maxx4 business opportunity in an illegitimate way, including but not limited to, investment scheme, the use of fake accounts, or providing any form of financial subsidy to any Associate or Customer.

23. Policy Disclosure Requirement

Prior to sponsoring a prospective Associate, Associates shall provide to and review with the prospective Associate a current copy of Maxx4’s Company Policies.

24. Loss of Commissions Due to Inactivity

It is the Associate’s responsibility to lead his/her Independent Maxx4 Business with the proper example in production of Personal Business Points. Without this proper example and leadership, the Associate will lose his/ her right to receive commissions and bonuses from his/her Independent Maxx4 Business. Therefore, Associates who produce less than the minimum Personal Business Points required to maintain their current Commission Rate during a month, as set forth in the Compensation Plan, will not receive the commission or bonus attributable to such status for the sales generated through their Independent Maxx4 Business for that month. If a Distributor has been inactive for more than 18 months, they will lose their Business Licence. They cannot reactivate their Business Licence, but will have to buy a new one, if they want to start sell products again.

25. Titles Not Forfeited

An Associate can lose his/her Rank Status and therefore the right to receive corresponding commissions and bonuses if he/she no longer qualifies for the commissions or bonuses pertaining to such status. However, as long as an Associate remains active, he/ she will not forfeit the title of the highest Status he/ she has achieved.

26. Obligations of Independent Associates

As an independent Associate, it is an Associate’s responsibility to:

  1. Abide by any and all laws, rules and regulations pertaining to the acquisition, receipt, holding, selling, distributing or advertising of Maxx4 products and services and the promotion of the Maxx4 business opportunity;
  2. At the Associate’s own expense, make, execute or file all such reports and obtain such Licences as are required by law or public authority with respect to his/her Independent Maxx4 Business;
  3. Be solely responsible for declaration and payment of all local, national and general sales taxes and fees as may accrue because of the Associate’s activities in conjunction with his/her Independent Maxx4 Business;
  4. Supply all of his/her own equipment and tools for operating his/her business, such as telephone, transportation, professional services, office equipment, and office supplies; and
  5. Provide his/her own place of business and determine his/her own work hours.

27. Corrective Measures

All of the policies in this Statement of Policies, the provisions of the Independent Associate Agreement, the Corporate Entity Application and Agreement, the Tax Exempt Entity Application and Agreement and any other agreements entered into by and between Maxx4 and Associates are material terms to the Associate Agreement between Maxx4 and Associates. An Associate’s violation of any of the terms and conditions of any of these agreements or the Company Policies or any illegal, fraudulent, deceptive or unethical conduct by an Associate may result, at Maxx4’s discretion, in one or more of the following corrective measures:

  1. Issuance of a written warning or admonition;
  2. Imposition of a fine, which may be imposed immediately or withheld from future commission and/or bonus payments;
  3. Reassignment of all or part of his/her Independent Maxx4 Business;
  4. Suspension of his/her Independent Associate Agreement for one or more months;
  5. Termination of his or her Independent Associate Agreement due to good cause on the part of Maxx4; or
  6. Any other measure expressly stated within any of the policies set forth in the Statement of Policies or any provision of the Independent Associate Agreement, the Corporate Entity Application and Agreement, or the Tax-Exempt Entity Application and Agreement. Maxx4 has the right to withhold from an Associate all bonuses and commissions during the period that Maxx4 is investigating the alleged violative conduct of the Associate. If an Associate’s Independent Associate Agreement is terminated due to a violation preceding the investigation, the Associate will not be entitled to any commissions or bonuses withheld by Maxx4 during the investigation period.

28. Forfeiture of Rights to Bonuses and Commissions

So long as an Associate is complying with all policies and terms of the Independent Associate Agreement, as amended from time to time, Maxx4 is obligated to pay commissions and bonuses to such Associate in accordance with the Compensation Plan. An Associate’s commissions and bonuses constitute the entire consideration for all of the Associate’s efforts in generating sales, and the Associate’s right to receive commissions and bonuses from Maxx4 constitutes the entire value attributable to the Associate’s Independent Maxx4 Business. Following an Associate’s resignation, termination for inactivity, or voluntary or involuntary termination of his/her Independent Associate Agreement, such former Associate shall have no right, title, claim or interest to the Independent Maxx4 Business. The former Associate shall have no claim for compensation for the Independent Maxx4 Business or for bonuses or commissions stemming from sales generated within or by the Independent Maxx4 Business or for Car Bonus amounts held in escrow by Maxx4. Following voluntary or involuntary termination of his/her Independent Maxx4 Business, the former Associate shall not hold himself/herself out as a Maxx4 Associate and shall not have the right to introduce Maxx4 products or services or the Maxx4 business opportunity.

29. Amendments to the Compensation Plan, Company Policies, and/or Independent Associate Agreement

Upon 48 hours notice to Associates, Maxx4 may, at its sole discretion, amend the Compensation Plan, Company Policies, Definitions of Terms and/or the terms of the Independent Associate Agreement and any other agreements entered into by and between Maxx4 and the Associates.

By filling in the Associate Application Form, Associates agree to abide by any such amendments. The continuation of an Independent Maxx4 Business or an Associate’s acceptance of commissions and/or bonuses from Maxx4 after the 48-hour notification period constitutes his/her acceptance of any such amendments. After 48 hours notice, Associates will be bound by the most current versions of the Compensation Plan, the Company Policies, the Independent Associate Agreement and any other agreements entered into by and between Maxx4 and the Associates.

29. Amendments to the Compensation Plan, Company Policies, and/or Independent Associate Agreement

Upon 48 hours notice to Associates, Maxx4 may, at its sole discretion, amend the Compensation Plan, Company Policies, Definitions of Terms and/or the terms of the Independent Associate Agreement and any other agreements entered into by and between Maxx4 and the Associates.

By filling in the Associate Application Form, Associates agree to abide by any such amendments. The continuation of an Independent Maxx4 Business or an Associate’s acceptance of commissions and/or bonuses from Maxx4 after the 48-hour notification period constitutes his/her acceptance of any such amendments. After 48 hours notice, Associates will be bound by the most current versions of the Compensation Plan, the Company Policies, the Independent Associate Agreement and any other agreements entered into by and between Maxx4 and the Associates.

Guidelines on Internet Usage

1. Social Media

Social Media websites and accounts may be used by Associates as permitted by these guidelines. For purposes of these guidelines, Social Media is defined as any website that is not controlled solely, registered, or owned by an Associate (or by anyone acting on an Associate’s behalf regarding the website), and any medium that is not a website, which facilitates online or digital communication, including, but not limited to:

  1. Social networking sites (LinkedIn, Facebook, Instagram); Micro-blogging Sites (Twitter);
  2. Blogs (including company and personal blogs);
  3. Online Encyclopaedias (Wikipedia); and
  4. Video and photo-sharing websites (YouTube, Flickr).

2. Internet and Digital Usage for Lead Generation

Associates may use Social Media accounts, web ads, and websites for the purpose of generating leads of potential Customers and Associates, and may send one or more emails (or other digital communications directed to specific persons) in response to persons who request information, provided that such websites, responsive emails, and other digital communications are in compliance with Maxx4’s guidelines. Unsolicited digital communications directed to specific persons (including spam emails) are not permitted. In particular, intrusive, unsolicited communications directed to specific persons or members of a group regarding the Maxx4 income opportunity via web pages, web groups, Facebook groups, LinkedIn groups, or other Social Media sites are prohibited, except where the clear, primary purpose of the page, group, or site is to facilitate the sharing of business opportunities with others. Where the primary purpose of a page, group, or site is to facilitate the sharing of parenting ideas, safe household products, or anything else besides business opportunities – even if others sometimes use the forum for sharing business opportunities – these types of intrusive, unsolicited communications regarding the Maxx4 income opportunity are prohibited. More passive communications regarding the Maxx4 income opportunity that are not directed to specific persons or members of a group are permitted as long as they comply with Maxx4’s policies and guidelines. For example, an Associate may post communications compliant with Maxx4’s policies and guidelines on his or her own Facebook wall. The general standard for all means of Internet and digital communication is that they should be conservative and appropriate to the promotion of quality products and a professionally operated business. To the extent any means of Internet or digital communication are used to generate leads, they should be used only as a precursor to meaningful, in-person contact by the sponsoring Associate. The following provisions are designed to provide guidance and to ensure this standard is maintained.

  1. All Internet and digital communications must be professional-looking, product-oriented and use professional business language, avoiding “hype.”
  2. Internet and digital communications may:
    1. Solicit the reader’s interest in high-quality, safe and effective CBD and food supplements.
    2. Solicit the reader’s interest in a home-based business opportunity.
    3. Contain a link to the current official version of the Maxx4 Business Overview presentation in the format provided by the Live Well Earn Well Team.
    4. This link may be called “Business Overview”, Presentation”, “Business Presentation”, etc. and must follow all other guidelines for lead-generating internet and digital communications.
    5. Contain links to videos or other materials that are found on an official Maxx4 or the Live Well Earn Well Team website (including any official Maxx4 or the Live Well Earn Well Team site) and that are expressly identified as approved for linking by Associates as long as the links comply with Maxx4’s policies and guidelines.
  3. Internet and digital communications may not (except to the extent expressly permitted in Guideline 2 b above):
    1. Contain any statements or claims about income or provide copies of commission payments.
    2. Contain any statements about Maxx4’s retention or reorder rate.
    3. Contain any statements about Maxx4’s awards, track record, management, affiliations or history.
    4. Contain any promises or representations about placement within an Independent Maxx4 Business, that a “down line” or organisation will be built for a new Associate, or that this is a business in which little effort is required.
    5. Contain any enrolment or registration forms (whether online or in printable format).
    6. Request payment of money in any form.
    7. Request credit card or bank account information.
    8. Be identifiable through any search engine by using the search term or key word “Maxx4” or any derivation thereof or any other of Maxx4’s trademarked words or phrases or the names of any Maxx4 products or services.
    9. Promote or offer any other company’s products, services, or business opportunities.
    10. Offer for a fee any web-page-hosting services or other web-related services, Internet usage training or services, or any other training or materials of any kind.
    11. Contain any banners, pop ups or links.
    12. Refer the reader to any type of communication that contravenes any of Maxx4’s policies or guidelines. (References to recordings that comply with Maxx4’s policies and guidelines, including Guideline 5 below, are permitted.)
    13. Contravene any national law, applicable Internet service provider rules or regulations, or any other Maxx4 policy.
  4. Every Associate Application – including those identified from a lead-generating ad, website, Social Media communication, or email-must include meaningful contact between the new Associate and the Sponsor in person, over the telephone, or via other live, face-to-face (or vocal) means of communication.
  5. Emails and other digital communications directed to specific persons may be used to determine the quality of a lead, but such emails and communications may only be sent in response to direct requests for more information and must comply with all the foregoing guidelines.
  6. All emails and other digital communications directed to specific persons or to potential customers must comply with all national law and with applicable Internet service provider rules, and email messages must contain an “opt out” button prominently displayed on the first screen page of the message.

3. Internet and Digital Usage for Training and Information

An Associate may use a website or a private, invitation-only Social Media group (including any private, invitation-only Facebook event or blog) for the purpose of providing business related information and training on business building activities to his/her Maxx4 Independent Maxx4 Business. The general standard for such use of websites and private, invitation-only Social Media groups is that all content should be appropriate to a professionally operated business. The following provisions are designed to provide guidance and ensure this standard is maintained.

  1. Training and information websites must be 100% password protected (meaning that no portion of the site can be accessed by any means other than a password) and available for viewing only by Maxx4 Associates and Customers.
  2. Training and information websites and Social Media sites available to private, invitation-only groups are prohibited unless Maxx4’s Policy Administration Department is invited into the group (via e-mail to compliance@livewellearnwell.org) and may not:
    1. Contain any medicinal claims, testimonials or references to conditions.
    2. Contain any promises or representations about placement within a Independent Maxx4 Business, that a “down line” or organisation will be built for an Associate, or that this is a business in which little effort is required.
    3. Contain any enrolment or registration forms, except that the website may contain a link to Maxx4’s Associate Application Form contained on an official Maxx4 website.
    4. Promote or offer any other company’s products, services or business opportunities.
    5. Offer any materials or services for a fee, including but not limited to any web page hosting services or other web-related services, Internet usage training or services, lead generation services or training services or materials.
    6. Offer for sale any Maxx4 logo merchandise.

4. Sale of Products or Promotion of Income Opportunity on the Internet

In order to protect the safety and integrity of Maxx4’s products and to protect consumers of Maxx4’s products, Associates may not offer for sale any non-saleable, expired or diminished products. Products may be promoted on social media and other websites, as long as the site links back to the Maxx4 online shop. Products may not be sold online other than from the Maxx4 online shop. It is forbidden to promote Maxx4 products on selling platforms such as Amazon and Ebay. Maxx4 shall have the right to meet any such offers with legal action and to recover its legal fees and costs in connection with any such legal action. Maxx4 may audit Facebook groups and other Social Media groups to ensure compliance with these policies.

5. Pre-recorded Audio or Video Messages

Associates may create, publish, produce, use and/or maintain an audio or video recording which has the purpose or effect of creating interest in, introducing or presenting Maxx4, its products or its income opportunity as long as neither the trademarked name Maxx4 nor Maxx4’s trademarked product names are expressly referenced or mentioned, and as long as the recording complies with Maxx4’s policies and guidelines. An example of activity permitted under this Guideline would be an Associate taking a digital recording of the Associate’s team talking about how excited they are to work with a company so committed to premium quality CBD, and then posting this video to the Associate’s Facebook wall. Another example would be an Associate creating a podcast on “leadership” and putting a link to that podcast on the Internet. Pre-recorded training messages that are available only to Associates, are protected by a pass-code and comply in all respects with Maxx4’s policies and guidelines are permissible.

6. Violations

An Associate’s violation of Maxx4’s Guidelines on Internet and Digital Usage or Statement of Policies may result in the forfeiture of commissions and bonuses, fines, or termination of the Associate’s Independent Associate Agreement.

Definitions of Terms

Active Associate

An Associate who personally produces the number of Business Points each month that are required to qualify for commissions pursuant to the Compensation Plan.

Associate
  1. A person who has completed and delivered to Maxx4 an Application Form, has purchased a starter pack and has been granted a Business Licence.
  2. An Associate is not a partner, agent, employee, legal representative or a franchisee of Maxx4 and will not be treated as such.
Associate Application Form

The form required to apply to become a Maxx4 Associate.

Associate Back Office

The Log-in area of the Maxx4 website showing the Associate’s business reporting and KPIs.

Business Licence

A membership card with an ID number issued to successful Associate applicants. The Business Licence authorises an Associate to introduce products and the business opportunity to Customers and prospective Associates, pursuant to the Company Policies.

Business Point

A value assigned to each Maxx4 product upon which commissions and bonuses are calculated.

Commission Rate

The rate at which an Associate is paid in any month because the Associate has met all the qualifications to be paid at that rate.

Company Policies

The policies published by Maxx4, as amended from time to time, which set forth, among other things, the requirements for operating an Independent Maxx4 Business.

Compensation Plan

The plan as offered and interpreted by Maxx4 that compensates Associates for building an Independent Maxx4 Business of Independent Maxx4 Associates.

Competing Business Venture

Any business or business opportunity involving the sale, marketing or referral of similar products or services.

Corporate Entity Application and Agreement

The agreement that must be completed by corporate entities that are applying to become Associates.

Customer

A person who purchases any Maxx4 product directly through the Maxx4 website or from an Associate.

Independent Associate Agreement

By submitting an Associate Application Form and being granted a Business Licence, an Associate agrees to abide by the Company Policies. This forms the Independent Associate Agreement between the Associate and Maxx4 and is located in Delaware, United States of America. The Associate Agreement shall be governed exclusively by the laws of the state of Delaware, and the Associate agrees to submit exclusively to the jurisdiction of the courts of the State of Delaware.

Independent Maxx4 Business

The business organisation consisting of an Associate and The Customers and Associates who comprise the group of individuals or entities from which the Associate is entitled to receive commissions based upon the collective sales volume of the group pursuant to the Compensation Plan.

Jeticorp

Jeticorp SL, ES-B 93587582 Malaga, ES is the distribution company which handles the sale of the Maxx4 product range.

Live Well Earn Well Team (LWEW)

The official Marketing Arm of Maxx4, responsible for marketing strategies, marketing materials, training, events, compliance and leadership of the Independent Maxx4 Associate organisation.

Maxx4

Maxx4, 919 North Market Street, Suite 950, 19801 Wilmington, Delaware, USA is the company which runs the Independent Associate Agreements and Compensation Plan.

Monthly Commission Statements

Reports produced by Maxx4 on a monthly basis and provided to Associates which contain information relating to the commissions due on the Associate’s Independent Maxx4 Business. The Monthly Commission Statements contain trade secret information that is proprietary to Maxx4.

Official Maxx4 Material / Approved Maxx4 Material

Material in any form that is authorised, published, and disseminated by The Live Well Earn Well Team. All material produced by Associates must be approved and authorised by the Live Well Earn Well Team. This includes, but is not limited to, printed material, audio and visual materials, satellite broadcasts, email and electronic communications and Internet communications.

Organisation Volume

The total Business Points from products purchased in an Associate’s Independent Maxx4 Business in a calendar month.

Personal Business Points

The total monthly Business Points personally produced by an Associate in a calendar month.

Personally Sponsored Associate

An Associate whom the Sponsor has personally introduced to Maxx4.

Qualification

To qualify for commissions, an Associate is required to “personally produce” revenue of at least 30 Business Points per month. People purchasing products through an Associate’s account must be purchasing products for their own personal consumption. In other words, they cannot be purchasing product simply to help the Associate receive a commission.

Rank

All advancements in Rank of Manager or above require a minimum number of Organisation Business Points.

Recruit
  1. To attempt to promote to, influence, encourage, sponsor, enlist, or solicit an individual or entity to join the Maxx4 business, programme or organisation.
  2. To present, or participate or assist in the presentation of the Maxx4 business, programme, organisation or its products. To constitute recruiting, such efforts or attempts may be performed either directly through personal contact or indirectly through a third party.
Sponsor

The Associate who is listed on the Associate Application Form as the Sponsor.

Starter Pack

The Maxx4 product pack and Business Licence purchased by a new Associate.

Status

The highest Rank an Associate has ever achieved.

Tax Exempt Entity Application and Agreement

The addendum to the Independent Associate Agreement which must be completed by tax exempt entities that are applying to become Associates.