SECTION 1 - CORPORATE MISSION STATEMENT
OUR MISSION IS TO PROVIDE THE WORLD WITH PROFOUNDLY EFFECTIVE PRODUCTS FOR PETS AND PEOPLE ALIKE.
SECTION 2 - INTRODUCTION
2.1 Policies and Compensation Incorporated into RC Agreement These Policies and Procedures, the Referring Customer Member Terms and Conditions and the Referring Customer Member Compensation Plan, in their present form and as amended by hereafter "More Mito, LLC.” or the "Company”, are incorporated into and, as amended by More Mito, LLC. from time to time, constitute the entirety (hereafter "the Agreement”) between More Mito, LLC. and its REFERRING CUSTOMER MEMBERS (hereafter "RCs”). It is the responsibility of each RCto read, understand, adhere to, and insure that they are aware of and operating under the most current version of these Policies and Procedures.
2.2 Changes to the Agreement More Mito, LLC. reserves the right to amend the Agreement and its prices in its sole discretion. By executing the Agreement RC agrees to abide by all amendments or modifications that More Mito, LLC. elects to make. Amendments shall be effective fifteen (15) days after publication of notice by the Company that the Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by email to all Company RCs.
2.3 Policies and Provisions Severable If any provision of the Agreement, in its current form or as it may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
2.4 Waiver The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of the Company to exercise any right or power under the Agreement or to insist upon strict compliance by a RC 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 More Mito, LLC.’s right to demand compliance with the Agreement.
SECTION 3 - BECOMING A REFERRING CUSTOMER MEMBER
3.1 Requirements to Become a Referring Customer Member
To become an More Mito, LLC. Referring Customer Member applicant must:
Be at least 18 years of age;
3.2 No Business Fees or Product Purchases Required No Referring Customer Member fee or purchase of any kind is required to become or remain a RC.
3.3 RC Member Benefits Once a Referring Customer Member’s Application and Agreement has been accepted by More Mito, LLC., the benefits of the Referring Customer’s Compensation Plan and the RC Agreement are available to the new RC. These benefits include the right to:
3.4 Term and Renewal of Your More Mito, LLC. Business The term of the RC Agreement is one year from the date of its acceptance by More Mito, LLC. and automatically renews for successive one year terms unless More Mito, LLC. determine in its sole discretion not to continue its Referring Customer Incentive Program, which determination not to continue its business shall be effective on the date determined by the Company.
SECTION 4 - Operating Your RC Business
4.1 More Mito, LLC. RCs must adhere to the terms of the More Mito, LLC. RC Compensation Plan. A RC shall not offer the opportunity or membership through, or in combination with, any other sales system, sales program, purchase, sales tools, or marketing assistance, not of More Mito, LLC. origin or any method of marketing other than that specifically set forth in official More Mito, LLC. website. A RC shall not require or encourage other current or prospective Members or RCs to execute any agreement or contract other than official More Mito, LLC. Agreements and contracts in order to become an More Mito, LLC. member or RC, whether or not a cost is incurred in so doing. A RC shall not require or encourage other current or prospective Members or RCs to make any purchase from, or payment to, any individual or other entity to participate in or in connection with the More Mito, LLC. memberships, other than those purchases or payments identified as recommended on the official More Mito, LLC. website.
4.2 Advertising
4.2.1 General Advertising A RC shall safeguard and promote the good reputation of More Mito, LLC. and its members. The marketing and promotion of the More Mito, LLC. opportunity and memberships must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct. To promote both the RC position and the More Mito, LLC. memberships A RC must use only the sales aids, business tools, and support materials produced by More Mito, LLC.. The Company has carefully designed its promotional materials and website to ensure that they are promoted in a fair and truthful manner, that they are substantiated, and that the materials comply with the legal requirements of federal and state laws. Accordingly, a RC must not produce or use the literature, advertisements, sales aids, business tools, promotional materials, or internet web pages created by themselves or by third parties.
4.3 Trademarks and Copyrights The names and marks of and related to a RC’s business and "More Mito, LLC.” and all other names and marks used by More Mito, LLC. are exclusively owned by More Mito, LLC. or its licensors. A RC shall neither have nor claim an interest in such names and marks and is licensed to use the names and marks while a RC and thereafter as directed by More Mito, LLC. The content of all Company websites and materials is copyrighted material. A RC may not produce for sale or distribution any content from Company websites, materials or recorded Company events and speeches without prior written permission from More Mito, LLC., nor may a RC reproduce for sale or for personal use any recording of Company produced audio or video tape presentations. As an independent a RC, you may use the More Mito, LLC. name in the following manner: RC’s name as directed by More Mito, LLC. in connection with the operation of their independent RC business Example: Alice Smith Independent More Mito, LLC. Referring Customer Member A RC may not use the name More Mito, LLC. in any form of team name, a tagline, an external website name, your personal website address or extension, in an email address, as a personal name, or as a nickname. Additionally, only use the phrase Independent More Mito, LLC. Referring Customer Member in your phone greeting or on your answering machine to clearly separate your independent RC business from More Mito, LLC.. For example, you may not secure or use the domain name www.buymyMore Mitoproducts.com, nor may you create an email address such as More Mito.com/sales@hotmail.com.
4.3.1 Independent RC Logo If you use a More Mito, LLC. logo in any communication, you must use the Independent Referring Customer version of the More Mito, LLC. logo. Using any other More Mito, LLC. logo requires the prior written approval of More Mito, LLC.. Please see examples below:
4.3.2 Media and Media Inquiries A RC must not attempt to respond to media inquiries regarding More Mito, LLC., it's products or services, or their independent RC business. All inquiries by any type of media must be immediately referred to More Mito, LLC.’s Media Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as to maintain a proper public image.
4.3.3 Unsolicited Email More Mito, LLC. does not permit its RCs to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any email sent by a RC that promotes More Mito, LLC., the More Mito, LLC. opportunity, or More Mito, LLC. products and services must comply with the following:
More Mito, LLC. may periodically send commercial emails on behalf of RCs. By entering into the RC Agreement, RC agrees that the Company may send such emails and that the RC’s physical and email addresses will be included in such emails as outlined above. RCs shall honor opt-out requests generated as a result of such emails sent by the Company.
4.3.4 Unsolicited Faxes Except as provided in this section, RCs may not use or transmit unsolicited faxes in connection with their More Mito, LLC. RC business. The term "unsolicited faxes" means the transmission via telephone, facsimile, or computer of any material or information advertising or promoting More Mito, LLC., its products, its Compensation Plan, or any other aspect of the Company which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the RC 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 RC and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such RC; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
4.3.5 Telephone Directory Listings RCs may list themselves as an "Independent More Mito, LLC. Referring Customer” in the white or yellow pages of the telephone directory, or with online directories, under their own name. No RC may place telephone or online directory display ads using More Mito, LLC.'s name or logo. RCs may not answer the telephone by saying "More Mito, LLC.”, "More Mito, LLC. Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached a corporate office of More Mito, LLC.. If a RC wishes to post his/her name in a telephone or online directory, it must be listed in the following format: RC's Name---Independent More Mito, LLC. Sales Affiliate”’
4.3.6 Television and Radio Advertising RCs may not advertise on television and radio except with More Mito, LLC.’s express prior written approval.
4.4 Online Conduct
4.4.1 RC Web Sites RCs are provided with a replicated website by More Mito, LLC., from which they can take orders, sponsor new RCs, and enroll Customer Members, as well as manage their More Mito, LLC. business. RCs may use only replicated websites provided by More Mito, LLC. to promote their More Mito, LLC. business, and may not create their own websites to directly or indirectly promote More Mito, LLC.’s products, services, or the More Mito, LLC. memberships or opportunity.
4.4.2 More Mito, LLC. Hotlinks When directing readers to your replicated website it must be evident from a combination of the link, and the surrounding context, to a reasonable reader, that the link will be led to the site of an independent More Mito, LLC. RC. Attempts to mislead web traffic into believing they are going to a More Mito, LLC. corporate site, when in fact they land at a RC site will not be allowed. The determination as to what is misleading or what constitutes a reasonable reader will be determined exclusively by More Mito, LLC..
4.4.3 Monetizing Registered External Websites RCs may not monetize or utilize their replicated website through promotional programs, adSense or similar programs.
4.4.4 Online Classifieds For Prospecting A RC may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the More Mito, LLC. business opportunity, provided More Mito, LLC. provided templates/images are used. These templates will identify you as an Independent More Mito, LLC. RC. If a link or URL is provided, it must link to your replicated website.
4.4.5 Banner Advertising You may place banner advertisements on a website provided you use More Mito, LLC. provided templates and images. All banner advertisements must link to your replicated website. RCs may not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with More Mito, LLC. products, memberships, or with the More Mito, LLC. opportunity.
4.4.6 Spam Linking Spam linking is defined as multiple consecutive submissions of similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative, relevant, and truthful.
4.4.7 Digital Media Submission (YouTube, iTunes, PhotoBucket etc.) RCs may not upload, submit, or publish More Mito, LLC. related video, audio, or photo content that they develop and create, but must use only such materials as provided by More Mito, LLC.. RCs may not upload, submit, or publish any content (video, audio, presentations or any computer files) received from More Mito, LLC. or captured at official More Mito, LLC. events or in buildings owned or operated by More Mito, LLC. without prior written permission.
4.4.8 Sponsored Links / Pay-Per-Click (PPC) Ads Sponsored links or pay-per-click ads (PPC) are acceptable. The destination URL must be to the sponsoring RC’s replicated website, and must not portray any URL that could lead the user to believe they are being directed to a More Mito, LLC. Corporate site, or be inappropriate or misleading in any way.
4.4.9 Domain Names and Email Addresses RCs may not use or attempt to register any of More Mito, LLC.’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any internet domain name, email address, or social media name or address.
4.4.10 Social Media In addition to meeting all other requirements specified in these Policies and Procedures, should a RC utilize any form of social media, including but not limited to Facebook, Twitter, Linkedin, YouTube, or Pinterest, the RC agrees to each of the following: No RC sponsorship or member enrollments may occur on any social media to generate sales, a social media site must link only to the RC’s More Mito, LLC. replicated website.
If a RC creates a business profile page on any social media site that promotes or relates to More Mito, LLC., its products or opportunity, the business profile page must relate exclusively to the RC’s More Mito, LLC. business and More Mito, LLC. products. If the RC’s More Mito, LLC. business is cancelled for any reason or if the RC becomes inactive, the RC must deactivate the business profile page.
4.5 Business Entities A Corporation (CO.), Limited Liability Company (LLC.), partnership or trust (collectively referred to in this section as a "Business Entity” may apply to be a More Mito, LLC. RC by submitting a RC Application and Agreement along with a properly completed Business Entity Application and Agreement and a properly completed IRS W-9 Form. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership interest in, or management responsibilities for, the business entity, collectively "RC Parties”) are individually, jointly and severally liable for any indebtedness to More Mito, LLC., compliance with the More Mito, LLC. Policies and Procedures, the More Mito, LLC. RC Agreement, and other obligations owed by a RC to More Mito, LLC.. To prevent the circumvention of Sections 4.7 (regarding transfers and assignments of an More Mito, LLC. business) and 4.5.2, (regarding Sponsorship Changes), if any RC Party wants to terminate his or her relationship with the business entity or More Mito, LLC., the RC Party must terminate his or her affiliation with the business entity, notify More Mito, LLC. in writing that he or she has terminated his/her affiliation with the business entity, and must comply with the provisions of Section 4.5.2. In addition, the RC Party foregoing their interest in the business entity may not participate in any other More Mito, LLC. RC business for six (6) consecutive calendar months in accordance with Section 4.5.4. If the business entity wishes to bring on any new RC Party, it must adhere to the requirements of Section 4.5.1. The modifications permitted within the scope of this paragraph 4.5 do not include a change of sponsorship. Changes of sponsorship are addressed in paragraph 4.5.2, below. More Mito, LLC. may, at its discretion, require notarized documents before implementing any changes to an More Mito, LLC. business. Please allow thirty (30) days after the receipt of the request by More Mito, LLC. for processing.
4.5.1 Changes to a Business Entity Each RC must immediately notify More Mito, LLC. of all changes to type of business entity they utilize in operating their businesses and the addition or removal of business RC Parties.
4.5.2 Change of Sponsor More Mito, LLC. strongly prohibits changes in sponsorship. Accordingly, the transfer of an More Mito, LLC. business from one sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to the RC Services Department, and must include the reason for the transfer. Transfers will only be considered in the following three circumstances:
4.5.3 Misplacement In cases in which the new RC is sponsored by someone other than the individual he or she was led to believe would be his or her Sponsor, a RC may request that he or she be transferred to another organization with his or her entire marketing organization intact. Requests for transfer under this policy will be evaluated on a case-by-case basis and must be made within three (3) days from the date of enrollment. The RC requesting the change has the burden of proving that he or she was placed beneath the wrong sponsor. It is up to More Mito, LLC.’s sole discretion whether to permit the requested change.
4.5.4 Cancellation and Re-Application A RC may legitimately change organizations by voluntarily cancelling his or her More Mito, LLC. RC business and remaining inactive (i.e., no purchases of More Mito, LLC. products for resale, no sponsorship of new RCs and no enrollment of new customer Members, no attendance at any More Mito, LLC. functions, participation in any other form of RC activity, or operation of any other More Mito, LLC. business, no income from the More Mito, LLC. business) for six (6) full calendar months. Following the six (6) month period of inactivity, the former RC may reapply under a new sponsor; however, the former RC’s downline will remain in their original line of sponsorship.
4.5.5 Waiver of Claims In cases in which the appropriate sponsorship change procedures have not been followed, and a new downline organization has been developed in the second business developed by a RC, More Mito, LLC. reserves the sole and exclusive right to determine the final disposition of the downline organizations. Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, RCs WAIVE ANY AND ALL CLAIMS AGAINST More Mito, LLC., ITS MEMBERS, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM More Mito, LLC.’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
4.5.6 Unauthorized Claims and Actions--Indemnification A RC is fully responsible for all of his or her verbal and written statements made regarding More Mito, LLC. products, services, and the Compensation Plan that are not expressly contained in official More Mito, LLC. materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through social media, in print, or any other means of communication. RCs agree to indemnify More Mito, LLC. and More Mito, LLC.’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by More Mito, LLC. as a result of the RC’s unauthorized representations or actions. This provision shall survive the termination of the RC Agreement.
4.5.7 Compensation Plan Claims When presenting or discussing the More Mito, LLC. Compensation Plan, a RC must make it clear to prospects that financial success with More Mito, LLC. requires commitment, effort, and sales to non-RCs. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
* It’s a turn-key system;
? The system will do the work for you;
? Just get in and your downline will build through spillover;
* Just join and I’ll build your downline for you;
? The Company does all the work for you;
? You don’t have to sell anything
The above are just examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as a More Mito, LLC. RC without commitment, effort and sales to non-RCs.
4.5.8 Income Claims A RC, when presenting or discussing the More Mito, LLC. opportunity or Compensation Plan to a prospective RC, may not make income projections, income claims, or disclose his or her More Mito, LLC. income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records.
4.5.9 Income Disclosure Statement- Canada To comply with Canadian law More Mito, LLC. will, beginning June 1, 2016 and within fifteen (15) days after every second calendar quarter thereafter, publish the More Mito, LLC. Income Disclosure Statement ("IDS”). The More Mito, LLC. IDS is designed to convey truthful, timely, and comprehensive information regarding the income that More Mito, LLC. RCs actually earn. In order to accomplish this objective, a copy of the current IDS, when available in each RC’s back office, must be presented to all prospective RCs. A failure to comply with this policy constitutes a significant and material breach of the More Mito, LLC. RC Agreement and will be grounds for disciplinary sanctions, including termination, pursuant to Section 9.1. A copy of the IDS must be presented to a prospective RC (someone who is not party to a current More Mito, LLC. RC Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made. The IDS may be found in your Back Office. The terms "income claim” and/or "earnings representation” (collectively "income claim”) include: (1) statements of actual earnings, (2) statements of projected earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one's dreams, having everything one always wanted, and are phrased in terms of "opportunity”, "possibility”, or "chance.” Claims such as "My More Mito, LLC. income exceeded my salary after six (6) months in the business,” or "Our More Mito, LLC. business has allowed my wife to come home and be a full time mom” also fall within the purview of "lifestyle” claims. A hypothetical income claim exists when you attempt to explain the operation of the Compensation Plan through the use of a hypothetical example. Certain assumptions are made regarding some or all of the following: (1) number of personally enrolled Members and RCs; (2) number of downline Members and RCs; (3) average sales, purchase volume, sales volume, per Member and RC; and (4) total organizational volume. Applying these assumptions through the Compensation Plan yields income figures which constitute hypothetical income claims. In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective RC or RCs in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claims is made, you must provide every prospective RCs with a copy of the IDS and you must display at least one (3 foot x 5 foot poster board) in the front of the room in reasonably close proximity to the presenter(s). In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim.
4.5.10 Selling More Mito, LLC. Memberships RCs may not sell More Mito, LLC. memberships from a commercial outlet, nor may RCs display or sell More Mito, LLC. literature in any retail or service establishment. Online auction and/or sales facilitation websites, including but not limited to eBay and Craigslist, constitute Commercial Outlets, and may not be used to sell More Mito, LLC. memberships
4.5.11 Trade Shows, Expositions and Other Sales Forums RCs may display and/or sell More Mito, LLC. memberships at trade shows and professional expositions. Before submitting a deposit to the event promoter, RCs must contact the RC Services Department in writing for conditional approval, as More Mito, LLC.’s policy is to authorize only one More Mito, LLC. business per event. Final approval will be granted to the first RC who submits an official advertisement of the event, a copy of the contract signed by both the RC and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to More Mito, LLC. future Events Department. More Mito, LLC. further reserves the right to refuse authorization to participate at any function which, in More Mito, LLC.’ sole discretion, is not deemed a suitable forum for the promotion of its products, services, or the More Mito, LLC. memberships, or the RC opportunity. Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image More Mito, LLC. wishes to portray.
4.5.12 Non-Solicitation More Mito, LLC. RCs are free to participate in other multi-level or network marketing business ventures or marketing opportunities (collectively "Network Marketing”). However, during the term of this Agreement, RCs may not directly or indirectly recruit other More Mito, LLC. RCs or Members for, or to, any other network marketing business. Following the cancellation of a RC’s Independent RC Agreement, and for a period of six (6) calendar months thereafter, with the exception of a RC who is personally sponsored by the former RC, a former RC may not recruit any More Mito, LLC. RC or Member for another network marketing business. RCs and the Company recognize that because network marketing is conducted through networks of independent contractors disbursed across the entire United States and Internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, RCs and More Mito, LLC. agree that this non-solicitation provision shall apply nationwide and to all International markets in which RCs are located. This provision shall survive the termination or expiration of the RC Agreement. The term "Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another More Mito, LLC. RC or Member to enroll or participate in another multi-level marketing, network marketing or direct sales opportunity.
4.5.13 RC Participation in Other Network Marketing Programs If a RC is engaged in other non-More Mito, LLC. direct selling programs, it is the responsibility of the RC to ensure that his or her More Mito, LLC. business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
· RCs must not sell, or attempt to sell, any competing non-More Mito, LLC. programs, products or services to More Mito, LLC. Members or RCs. Any program, product or services in the RCs generic categories as More Mito, LLC. products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
· RCs shall not display More Mito, LLC. promotional material, sales aids, products or services with or in the RCs location with anything non-More Mito, LLC. related material, sales aides, products, or services.
* RCs shall not offer the More Mito, LLC. opportunity, products, or services to prospective or existing Members or RCs in conjunction with any non-More Mito, LLC. program, opportunity, product or service.
4.5.14 Confidential Information "Confidential Information” includes, but is not limited to, Downline Genealogy Reports, the identities and data relating to More Mito, LLC. Members and RCs, contact information of More Mito, LLC. Members and RCs, RC's personal and group sales volumes, RC rank and/or achievement levels. Confidential Information is, or may be available, to RCs in their respective back offices. RC access to such Confidential Information is password protected, and is confidential and constitutes proprietary information and business trade secrets belonging to More Mito, LLC.. Such Confidential Information is provided to RCs in strictest confidence and is made available to RCs for the sole purpose of assisting RCs in working with their respective downline organizations in the development of their More Mito, LLC. business. RCs may not use the reports for any purpose other than for developing their More Mito, LLC. RC business. RCs should use the Confidential Information to assist, motivate, and train their downline RCs. The RC and More Mito, LLC. agree that, but for this agreement of confidentiality and nondisclosure, More Mito, LLC. would not provide Confidential Information to the RC.
To protect the Confidential Information, RCs shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
4.5.15 Targeting Other Direct Sellers More Mito, LLC. does not condone RCs specifically or consciously targeting the sales force of another direct sales company to sell More Mito, LLC. products or to become RCs for More Mito, LLC., nor does More Mito, LLC. condone RCs solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company. Should RCs engage in such activity, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a RC alleging that he or she engaged in inappropriate recruiting activity of its sales force or Members, More Mito, LLC. will not pay any of the RC’s defense costs or legal fees, nor will More Mito, LLC. indemnify the RC for any judgment, award, or settlement.
4.5.16 Errors or Questions If a RC has questions about or believes any errors have been made regarding MoreMito Cash, genealogy lists, or charges, the RC must notify More Mito, LLC. in writing within sixty (60) days of the date of the purported error or incident in question. More Mito, LLC. will not be responsible for any errors, omissions, or problems not reported to the Company within sixty (60) days.
4.5.17 Government Approval or Endorsement No federal or state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, RCs shall not represent or imply that More Mito, LLC. has been "approved”, "endorsed" or "sanctioned” by any government agency.
4.5.18 Holding Applications or Orders RCs must not manipulate enrollments of new applicants and purchases of products. All RC Applications, Agreements, and product orders must be sent to More Mito, LLC. within seventy-two (72) hours from the time they are signed by a RC or placed by a Member, respectively.
4.5.19 Income Taxes Each RC is responsible for paying local, state/provincial, and federal taxes on any income generated as a RC. Unfortunately, we cannot provide you with any personal tax advice. Please consult your own tax accountant, tax attorney, or other tax professional. If a RC’s More Mito, LLC. business is tax exempt, the Federal tax identification number must be provided to More Mito, LLC.. Every year, More Mito, LLC. will provide an IRS Form 1099MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) Had earnings of over $600 in the previous calendar year; or 2) Made purchases during the previous calendar year in excess of $5,000.
4.5.20 Independent Contractor Status RCs are independent contractors. More Mito, LLC. does not direct or control the time spent or any of the activities of its RCs.The agreement between More Mito, LLC. and its RCs is that of contracting independent contractors. The RC relationship with More Mito, LLC. does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the RC. RCs shall not be treated as an employee for his or her services or for Federal or State tax purposes. All RCs are responsible for paying local, state, and federal taxes due from all compensation earned as a RC of the Company. The RC has no authority (expressed or implied), to bind the Company to any obligation. Each RC shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the RC Agreement, these Policies and Procedures, and applicable laws.
4.5.21 Insurance You may wish to arrange insurance coverage for your business. Your homeowner’s insurance policy does not cover business-related injuries, or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple "Business Pursuit” endorsement attached to your present home owner’s policy.
4.5.22 International Marketing RCs are authorized to sell More Mito, LLC. products and services, and enroll Members or RCs only in the countries in which More Mito, LLC. is authorized to conduct business, as announced in official Company literature. More Mito, LLC. products or sales aids may not be shipped into or sold in any foreign country. RCs may sell, give, transfer, or distribute More Mito, LLC. products or sales aids only in their home country. In addition, no RC may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential Members or RCs; or (c) conduct any other activity for the purpose of selling More Mito, LLC. products, establishing a marketing organization, or promoting the More Mito, LLC. opportunity.
4.5.23 Adherence to Laws and Ordinances. RCs shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home based businesses. In most cases these ordinances are not applicable to RCs because of the nature of their business. However, RCs must obey those laws that do apply to them. If a city or county official tells a RC that an ordinance applies to him or her, the RC shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of More Mito, LLC..
4.5.24 One More Mito, LLC. Business Per RC and Per Household A RC may operate or have an ownership interest, legal or equitable, as a sole proprietor, partner, shareholder, trustee, or beneficiary, in only one More Mito, LLC. business. No individual may have, operate, or receive compensation from more than one More Mito, LLC. business. Individuals of the RC’s household may not enter into or have an interest in more than one More Mito, LLC. Business. A "Household” is defined as spouses, and dependent children living at or doing business at the RC’s address. In order to maintain the integrity of the More Mito, LLC. Compensation Plan, husbands and wives or common-law couples (collectively "spouses”) who wish to become More Mito, LLC. RCs must be jointly sponsored as one More Mito, LLC. business. Spouses, regardless of whether one or both are signatories to the RC Application and Agreement, may not own or operate any other More Mito, LLC. business, either individually or jointly, nor may they participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or have any other legal or equitable ownership) in the ownership or management of another More Mito, LLC. business in any form. An exception to the one business per RC/household rule will be considered on a case by case basis if two RCs marry or in cases of a RC receiving an interest in another business through inheritance. Requests for exceptions to policy must be submitted in writing to the Member Support Department.
4.5.25 Actions of Household Members or RC Parties If any member of a RC’s immediate household engages in any activity which, if performed by the RC, would violate any provision of the Agreement, such activity will be deemed a violation by the RC and More Mito, LLC. may take disciplinary action pursuant to the Statement of Policies against the RC. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively "Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and More Mito, LLC. may take disciplinary action against the Business Entity. Likewise, if a RC enrolls in More Mito, LLC. as a Business Entity, each RC Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
4.5.26 Requests for Records Any request from a RC for copies of invoices, applications, downline activity reports, or other records will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.
4.6 Replacement of a Terminated RC When a vacancy occurs in a Marketing Organization due to the termination of a More Mito, LLC. business, any RC in the upline of the terminated RC may place a newly sponsored RC in the vacant RC position.
4.7 Sale, Transfer, or Assignment of More Mito, LLC. Business Although a More Mito, LLC. business is a privately owned and independently operated business, the sale, transfer, or assignment of a More Mito, LLC. business, and the sale, transfer, or assignment of an interest in a Business Entity that owns or operates a More Mito, LLC. business, is subject to certain limitations. If a RC wishes to sell his or her More Mito, LLC. business, or interest in a Business Entity that owns or operates a More Mito, LLC. business, the following criteria must be met:
· The selling RC must offer More Mito, LLC. the right of first refusal to purchase the business on the RC’s terms as agreed upon with a third party buyer. More Mito, LLC. shall have fifteen (15) days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
Prior to selling an independent More Mito, LLC. business or Business Entity interest, the selling RC must notify More Mito, LLC.’s Compliance Department in writing and advise of his or her intent to sell his/her More Mito, LLC. business or Business Entity interest. The selling RC must also receive written approval from the Compliance Department before proceeding with the sale, which approval shall not be unreasonably withheld. No changes in line of sponsorship shall result from the sale or transfer of a More Mito, LLC. business.
4.8 Separation of an More Mito, LLC. Business More Mito, LLC. RCs sometimes operate their More Mito, LLC. businesses as husband-wife partnerships, regular partnerships, limited liability companies, corporations, trusts, or other Business Entities. At such time as a marriage may end in divorce or a corporation, LLC, partnership, trust or other Business Entity may dissolve, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of sponsorship. During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
Under no circumstances will the Downline Organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will More Mito, LLC. If a former spouse has completely relinquished all rights in the original More Mito, LLC. business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without waiting six (6) Calendar Months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity RC who retains no interest in the business must wait six (6) calendar months from the date of the final dissolution
before re-enrolling as a RC. In either case, the former spouse or business of the RC shall have no rights to any RCs in their former organization or to any former retail Member. They must develop their new RC business in the manner as would any other new RC.
4.9 Sponsoring Online When sponsoring a new RC through the online enrollment process, the sponsor may assist the new applicant in filling out the enrollment materials. However, the applicant must be present and personally review and agree to the online application and agreement, More Mito, LLC.’s Policies and Procedures, and the More Mito, LLC. Compensation Plan. The sponsor may not fill out the online application and agreement on behalf of the applicant and agree to these materials on behalf of the applicant.
4.10 Succession Upon the death or incapacitation of a RC, 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 RC should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever an More Mito, LLC. business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all MoreMito Cash of the deceased RC’s marketing organization provided the following qualifications are met. The successor(s) must:
? Execute a current RC Agreement;
? Comply with terms and provisions of the Agreement;
? Meet all of the qualifications for the deceased RC’s status;
4.10.1 Transfer Upon Death of a RC To effect a testamentary transfer of an More Mito, LLC. business, the executor of the estate must provide the following to More Mito, LLC.: (1) an original death certificate; (2) certified letters testamentary or a letter of administration appointing an executor; and (3) written instructions from the authorized executor to More Mito, LLC. specifying to whom the business and income should be transferred.
4.10.2 Transfer Upon Incapacitation of a RC To effectuate a transfer of an More Mito, LLC. business because of incapacity, the successor must provide the following to More Mito, LLC.: (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 More Mito, LLC. business; and (3) a completed RC Agreement executed by the trustee.
4.11 Telemarketing Techniques The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have "do not call” regulations as part of their telemarketing laws. Although More Mito, LLC. does not consider RCs to be "telemarketers” in the traditional sense of the word, these government regulations broadly define the term "telemarketer” and "telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal "do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalty; Therefore, RCs must not engage in telemarketing in the operation of their More Mito, LLC. businesses. The term "telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a More Mito, LLC. product or service, or to recruit them for the More Mito, LLC. opportunity. "Cold calls" made to prospective Members or RCs that promote either More Mito, LLC.’s products or services or the More Mito, LLC. opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective Member or RC (a "prospect") is permissible under the following situations:
· If the RC has an established business relationship with the prospect. An "established business relationship” is a relationship between a RC and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the RC, or a financial transaction between the prospect and the RC, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
* You may call family members, personal friends, and acquaintances. An "acquaintance” is someone with whom you have at least a recent first-hand relationship, personal, social or business within the preceding three (3) months. Bear in mind, however, that if you engage in "card collecting” with everyone you meet and subsequently calling them:
* The FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling "acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice.
* RCs shall not use automatic telephone dialing systems or software relative to the operation of their More Mito, LLC. businesses.
* RCs shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a "robocall") regarding or relating to the More Mito, LLC. products, services or opportunity.
4.12 Back Office Access More Mito, LLC. makes online back offices available to its RCs. Back offices provide RCs access to confidential and proprietary information that may be used solely and exclusively to promote the development of a RC’s More Mito, LLC. business and to increase sales of More Mito, LLC. products. However, access to a back office is a privilege, and not a right.
5 RESPONSIBILITIES OF RCs
5.1 Change of Address, Telephone, and Email Addresses To ensure timely delivery of products, support materials, commission, and tax documents, it is important that the More Mito, LLC.’s files are current. Street addresses are required for shipping since UPS cannot deliver to a post office box. RCs planning to change their email address or move must send their new address and telephone numbers to More Mito, LLC.’s Corporate Offices to the attention of the RC Services Department. To guarantee proper delivery, two weeks advance notice must be provided to More Mito, LLC. on all changes. A RC whose contact information changes may modify their contact information through their RC Back Office.
5.2 Continuing Development Obligation
5.2.1 Ongoing Training Any RC who sponsors another RC into More Mito, LLC. must perform a bonafide assistance and training function to ensure that his or her personally sponsored RCs are properly operating his or her More Mito, LLC. business. RCs must have ongoing contact and communication with the RCs in their Downline Organizations. Examples of such contact and communication may include, but are not limited to: newsletters; written correspondence; personal meetings; telephone contact; voicemail; electronic mail and the accompaniment of downline RCs to More Mito, LLC. meetings, training sessions, and other functions. Upline RCs are also responsible to motivate and train new RCs in More Mito, LLC. product knowledge, effective sales techniques, the More Mito, LLC. Compensation Plan, and compliance with Company Policies and Procedures and applicable laws. Communication with and the training of downline RCs must not, however, violate Sections 4.1 and/or 4.2 (regarding the development of RC produced sales aids and promotional materials). RCs should monitor the RCs in their Downline Organizations to guard against downline RCs making improper product or business claims, violation of the Policies and Procedures, or engaging in any illegal or inappropriate conduct.
5.2.2 Increased Training Responsibilities As RCs progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the More Mito, LLC. program. They may be called upon to share this knowledge with lesser experienced RCs within their organization.
5.2.3 Ongoing Sales Responsibilities Regardless of their level of achievement, RCs have an ongoing obligation to continue to personally promote sales through the generation of new RCs and through assisting their existing RCs.
5.3 Non Disparagement More Mito, LLC. wants to provide its independent RCs with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticism and comments. All such comments should be submitted in writing to the Compliance Department. Remember, to best serve you, we must hear from you! While More Mito, LLC. welcomes constructive input, negative comments and remarks made inthe field by RCs about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of prospects of other More Mito, LLC. RCs. For this reason, and to set the proper example for their downline. RCs must not disparage, demean, or make negative remarks about More Mito, LLC., other More Mito, LLC. RCs, More Mito, LLC.’s products, the RC Compensation plan, or More Mito, LLC.’s directors, officers, employees or members.
5.4 Providing Documentation to Applicants RCs must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become RCs before the applicant signs a RC Agreement, or ensure that they have online access to these materials.
SECTION 6- SALES
6.1 No Territory Restrictions There are no exclusive territories granted to anyone
SECTION 7 - MoreMito CASH
7.1 MoreMito Cash Qualifications and Accrual A RC must be active and in compliance with the Agreement to qualify for MoreMito Cash. So long as a RC complies with the terms of the Agreement, More Mito, LLC. shall pay MoreMito Cash to such RC in accordance with the Marketing and Compensation plan.
7.2 Adjustment to MoreMito Cash
7.2.1 Adjustments for Returned Products and Cancelled Memberships RCs receive MoreMito Cash based on the actual sales of products and services to end consumers. When a membership is cancelled and a product is returned to More Mito, LLC. for a refund or is repurchased by the Company, any of the following may occur at the Company’s discretion: (1) MoreMito Cash attributable to the returned or repurchased product(s) or cancelled service will be deducted from payments to the RC and upline RCs who received MoreMito Cash on the sales of the refunded product(s) or cancelled service, in the month in which the refund is given, and continuing every pay period thereafter until the MoreMito Cash is recovered. (2) the RC or upline RCs who earned MoreMito Cash based on the sale of the returned product(s)or cancelled service will have the corresponding points deducted from their group volume in the next month and all subsequent months until it is completely recovered; or (3) the MoreMito Cash attributable to the returned or repurchased product(s) or cancelled service may be deducted from any refunds or credits to the RC who received the MoreMito Cash on the sales of the refunded product(s) or cancelled service.
7.2.3 Tax Withholdings If a RC fails to submit a W-9 form, More Mito, LLC. will deduct the necessary withholdings from the RC’s commission checks as required by law if the MoreMito Cash redemption amount exceeds $600.00 per year.
7.3 Reports to RCs All information provided by More Mito, LLC. in downline activity reports, including but not limited to personal and group sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human, digital, and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by More Mito, LLC. or any persons creating or transmitting the information. ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS RCOVIDED "AS IS" WITHOUT WARRANTIES, EXRCESS OR IMPLIED, OR RERCESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, More Mito, LLC. AND/OR OTHER PERSONS CREATING OR TRANRCITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY RC OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO MoreMito CASH AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF More Mito, LLC. OR OTHER PERSONS CREATING OR TRANRCITTING THE INFORMATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, More Mito, LLC. OR OTHER PERSONS CREATING OR TRANRCITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, RCODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR , TERMS AND CONDITIONS RELATED THERETO. Access to and use of More Mito, LLC.’ online and telephone reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to More Mito, LLC.’ online and telephone reporting services and your reliance upon the information.
7.4 Business Indemnity Each RC, jointly and severally if consisting of more than one persons, and each RC which is a business entity and its officers, jointly and severally indemnify the Company for as to all out of pocket losses, including attorney fees and costs, incurred by virtue of ant acts or omissions of the RC, whether or not related to their RC business.
SECTION 8 --RCODUCT GUARANTEES AND RETURNS
8.1 Return of Products and Sales Aids. Refunds A RC may return non-personalized sales aids that they personally purchased from More Mito, LLC. (purchases from other RCs or third parties are not subject refund) which have been purchased within one year prior to the date of refund request and receive a 90% refund. Returned sales aids must be in resalable condition but do not have to be currently sold by More Mito, LLC..
SECTION 9 --DISPUTE RESOLUTION AND DISCIPLINARY RCOCEEDINGS
9.1 Disciplinary Sanctions Violation of the Agreement, these Policies and Procedures, violation of any common law duty including, but not limited to, any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a RC that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the RC’s More Mito, LLC. business), may result, at More Mito, LLC.'s discretion, in one or more of the following corrective measures:
? Issuance of a written warning or admonition;
? Requiring the RC to take immediate corrective measures;
? Loss of rights to one or more bonus and commission checks;
? Involuntary termination of the offender’s RC Agreement;
Any other measure expressly allowed within any provision of the Agreement or which More Mito, LLC. deems practical to implement and appropriate to equitably resolve injuries caused partially or exclusively by the RC’s policy violation or contractual breach.
9.2 Grievances and Complaints In the event a dispute arises between A RC and More Mito, LLC., such dispute shall be exclusively resolved pursuant to the procedures set forth in Sections 9.3 through 9.5 of these Policies and Procedures.
9.3 Mediation. Prior to instituting an arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the Agreement through non-binding mediation through the American Arbitration Association One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediation shall occur within thirty (30) days from the date on which the mediator is appointed.The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorney fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in the City of Wausau, Wisconain and shall last no more than two (2) business days.
9.4 Arbitration If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by binding arbitration. The parties waive all rights to trial by jury or to any court. The arbitration shall be filed with the American Arbitration Association and conducted under their Commercial Rules.The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org.Notwithstanding the rules of the AAA, the following shall apply to all Arbitration actions unless prohibited by applicable law:The Federal Rules of Evidence shall apply in all cases;
· The Parties shall be entitled to all disclosure and discovery rights permitted by the Federal Rules of Civil Procedure;
? The terms or amount of any arbitration award;
* The rulings of the arbitrator on the procedural and/or substantive issues Involved in the case.
Notwithstanding the foregoing, nothing in these Policies and Procedures shall prevent either party 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 its intellectual property rights, and/or to enforce its rights under the non-solicitation provisions of this Agreement.
9.5 Governing Law, Jurisdiction and Venue Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Marathon County, State of Wisconsin. The law of the State of Wisconsin shall govern all other matters relating to or arising from the Agreement.
9.6 Louisiana Residents Arbitration Notwithstanding the foregoing, and the arbitration provision in Section 9, residents of the State of Louisiana shall be entitled to arbitrate in Baton Rouge, Louisiana.
SECTION 10 -- PAYMENTS
10.1 Returned Checks All checks returned by a RC’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the RC. After receiving a returned check from a Member or a RC, all future orders must be paid by Credit Card, money order or cashier’s check. Any outstanding balance owed to More Mito, LLC. by a RC for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.
10.2 Restrictions on Third Party Use of Credit Cards and Checking Accounts RCs shall not permit other RCs or Members to use their debit or credit cards or checking accounts, to enroll or to make purchases from the Company.
10.3 Sales Taxes More Mito, LLC. does not currently charge sales taxes on all purchases made by RCs and Members except upon sales aids purchased by residents of the state of Wisconsin.
SECTION 11 --INACTIVITY AND CANCELLATION
11.1 Effect of Cancellation So long as a RC remains active and complies with the terms of the RC Agreement including these Policies and Procedures, More Mito, LLC. shall pay MoreMito Cash to such RCS in accordance with the Compensation Plan. A RC’s MoreMito Cash constitute the entire consideration for the RC's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following a RC’s cancellation for inactivity, or voluntary or involuntary cancellation of his or her RC Agreement (all of these methods are collectively referred to as "cancellation”), the former RC shall have no right, title, claim, or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization.
A RC whose business is cancelled will lose all rights as a RC. This includes the right to sell More Mito, LLC. products and services and the right to receive future MoreMito Cash resulting from the sales and other activities of the RC’s former downline sales organization. In the event of cancellation, RCs agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any future MoreMito Cash derived from the sales and other activities of his or her former downline organization, but shall receive all MoreMito Cash and bonus earned through the date of cancellation.
Following a RC’s cancellation of his or her RC Agreement, the former RC shall not hold himself or herself out as an More Mito, LLC. RC and shall not have the right to sell More Mito, LLC. products or services.
11.2 Change Of Status Due to Lack of Activity
11.2.1 Change of Status from RC to Friend of MoreMito. A RC will revert back to a FOF if none of the following activies occur for twelve (12) consecutive months: a.) RC earns any commission b.) RC cause the sale of products to an end user c.) RC has a personally enrolled RC that causes the sale of product to an end user. RC's that were reverted back to Referring Customer or Perferred Customers retain all relationships to personally enrolled RCs and Customers regardless of status. RC's that are reverted back to Referring Customer or Perferred Customer are elidgible for immediate application for reinstatement as a RC through any of the same above activities. RC's applying for reinstatment must request reinstatement and agree to the current Policies & Prodedures in place at the time.
11.3 Involuntary Cancellation A RC’s violation of any of the terms of the Agreement, including any amendments that may be made by More Mito, LLC. in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her RC Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered via an express courier, to the RC’s last known address, email address, or fax number, or to his/her attorney, or when the RC receives actual notice of cancellation, whichever occurs first. More Mito, LLC. reserves the right to terminate all RC Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
11.4 Voluntary Cancellation A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the RC’s signature, printed name, address, and RC I.D. Number. If a RC is also on the Autoship program, the RC’s Autoship order shall continue unless the RC also specifically requests that his or her Autoship Agreement also be canceled.
SECTION 12 –DEFINITIONS
Active Member —A customer who purchases More Mito, LLC. consumer products through a RC website.
Active Referring Customer (RC) - A member who has elected to sell products and who satisfies the requirements to be eligible to receive MoreMito Cash.
Active Rank — The term "active rank” refers to the current rank of a RC, as determined by the More Mito, LLC. Compensation Plan, for any pay period. To be considered "active” relative to a particular rank, a RC must meet the criteria set forth in the More Mito, LLC. Compensation Plan for his or her respective rank. (See the definition of "Rank” below.)
RC Party - A shareholder, member, partner, manager, trustee, or other party with any ownership interest in, or management responsibilities for a RC Business Entity.
Agreement - The contract between the Company and each RC includes the RC, the RC Terms and Conditions, More Mito, LLC. Policies and Procedures, the More Mito, LLC. Compensation Plan, and the Business Entity Form (where appropriate), all in their current form and as amended by More Mito, LLC. in its sole discretion. These documents are collectively referred to as the "Agreement.”
Cancel — The termination of a RC’s business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.
Downline Leg — Each one of the individuals sponsored as a RC underneath a RC and their respective linked by sponsorship RCs marketing organizations represents one "leg” in your marketing organization.
Household - Spouses, heads-of-household, and dependent family members residing in the RC’s residence.
Immediate Household — Spouses, heads-of-household, and dependent family members residing in the RC’s residence.
Level — The layers of downline RCs in a particular RC’s Marketing Organization. This term refers to the relationship of a RC relative to a particular upline RC, determined by the number of RCs between them who are related by sponsorship. For example, if A sponsors B, who sponsors C, who sponsors D, who sponsors E, then E is on A’s fourth level.
Official More Mito, LLC. Material — Literature, audio or video tapes, websites, and other materials developed, printed, published and/or distributed by More Mito, LLC. for the use of its RCs.
Personal Production — The total purchases of RCs and Preferred Customers personally sponsored or enrolled by a RC and does not include a RC’S own purchases.
Rank — The "title” that a RC has achieved pursuant to the More Mito, LLC. Compensation Plan.
"Title Rank” refers to the highest rank a RC has achieved in the More Mito, LLC. Compensation Plan at any time. "Paid As” rank refers to the rank at which a RC is qualified to earn MoreMito Cash.
Cross Recruiting — The term "Recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, a More Mito, LLC. RC or Member to enroll or participate inanother multi-level marketing, network marketing or direct sales opportunity.
Replicated Website – A website provided by More Mito, LLC. to RCs which utilizes website templates developed by More Mito, LLC..
Resalable — Sales aids shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the sales aid at full price; 4) it is returned to More Mito, LLC. within one (1) year from the date of purchase. Resalable does not mean that the sales aids are in current use by More Mito, LLC..
Social Media - Any type of online media that invites, expedites, or permits conversation, comment, rating, and/or user generated content, as opposed to traditional media, which delivers content but does not allow readers/viewers/listeners to participate in the creation or development of content, or the comment or response to content. Examples of social media include, but are not limited to; blogs, chat rooms, Facebook, MySpace, Twitter, LinkedIn, Delicious, and You-Tube.
Sponsor — A RC under whom a sponsor or places a new RC, and is listed as the sponsor on the RC or Member Application and Agreement.
Upline — This term refers to the RC or RCs above a particular RC in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular RC to the Company.
UPDATED 2024/06/16
TERMS OF SERVICE
NOTICE OF RIGHT TO CANCEL-----ALL CUSTOMER PURCHASES
You may CANCEL this business transaction, without penalty or obligation, within thirty (30) BUSINESS days. If you cancel, any property traded in, any payments made by you under the contract for sale, and any negotiable instrument executed by you will be returned within ten (10) business days after More Mito LLC's receipt of your cancellation notice and return of the products you purchased in resalable condition. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send an email to returns@moremito.com NOT LATER THAN MIDNIGHT of the TWENTIETH (20th) business day following the date set forth above. YOU MUST RETURN THE PRODUCT PURCHASED TO:
Returns: More Mito, LLC.
130 South Stevens Street
Rhinelander, WI 54501
MEMBER’S/CUSTOMER’S NAME
MEMBER’S’/CUSOMER’S SIGNATURE
