POLICIES AND PROCEDURES

 

 INTRODUCTION

 1.1       Mutual Commitment Statement

The goal of Farmasi Limited (doing business as “Farmasi,” and/or referred to as “Farmasi”, “We,” “Us,” “Our,” or the “Company”) is to provide exceptional products and services to consumers. This is only made possible with the support of and passion of its members of the Farmasi sales organisation (known as “Farmasi Influencers”). To achieve sustained success as a business, Farmasi hereby pledges aid and support to all its Farmasi Influencers in return for such mutual commitment by these Farmasi Influencers to the Company in the effort to reach and support all interested consumers.

 1.2       Purpose of Policies

A.  To clearly define the relationship that exists between Us and you, and to explicitly set out the standards for acceptable business conduct.

B.   As a Farmasi Influencer, you are required to comply with: 

• All the terms and conditions set out in your Farmasi Influencer Agreement including these Policies and Procedures, which We may amend from time to time at Our sole and absolute discretion in accordance with Section 1.4 of these Policies and Procedures; and 
• All laws and codes of practice governing or applicable to your Farmasi business.

C.  A Farmasi Influencer must review the information in these Policies and Procedures carefully. Should you have any questions regarding a policy or rule, we encourage you to seek an answer from your Sponsor. Should your Sponsor not provide the appropriate clarification, you may contact the Farmasi Compliance Department.

 1.3       These Policies and Procedures and the Compensation Plan Incorporated into the Farmasi Influencer Agreement

1. Throughout these Policies, when the term “Agreement” is used, this  refers to the Farmasi Influencer Agreement which comprises the Terms & Conditions, these Policies and Procedures, and the Company Compensation Plan. 

 1.4       Changes, Amendments, and Modifications

1. Because applicable laws, as well as the business environment, periodically change, we reserve the right to amend the Agreement from time to time. Additionally, the Company may amend the prices of all its product at any time in the future. Please note, that this provision does NOT apply to the arbitration clause found in Section 12, which can only be amended by mutual consent. 
2. Any such amendment shall be effective immediately (with the exception of any amendment to your financial obligations which shall only be effective following a minimum of 60 days’ notice to you) upon notice by one of the following methods:

• Posting on the official Corporate website.
• Electronic mail (e-mail); or
• In writing through Company newsletters or corporate communication channels.

3.  Any continued business, ordering, acceptance of a commission or bonus payout, or acceptance of any other benefit received by you, under this Agreement after the date upon which any amendment is stated to take effect constitutes your acceptance of that amendments. 

 1.5       Delays

Farmasi shall not be responsible for delays or failures in the performance of its obligations when such failure is due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labour difficulties, transportation difficulties, riots, war, fire, and/or weather, curtailment of or delays in a source of supply or materials, or government decrees or orders.

2.0       BASIC PRINCIPLES

2.1       Becoming a Farmasi Influencer

To become a Farmasi Influencer, you must comply with the following requirements:

• Be at least 18 years old. If you are under 18, you must have a completed and signed Parental Consent Form approved by the Compliance department. 
• Ordinarily reside in the United Kingdom.
• Have a valid UK national insurance number or a visa granting you the right to work in the United Kingdom which covers working as a Farmasi Farmasi Influencer.
• Submit a properly completed and signed (via hard copy or electronic signature) Farmasi Influencer Agreement.
• Not be a Farmasi employee or the spouse or relative of a Company employee living in the same household; and
• purchase a Farmasi Starter Kit.

 

2.2       Rights Granted 

Farmasi hereby grants to you as a Farmasi Influencer the non-exclusive right, based upon the terms and conditions contained in the Farmasi Influencer Agreement including these Policies and Procedures, to:

• purchase, sell and promote Farmasi products.
• Sponsor new Farmasi Influencers and Customers in the [United Kingdom as well as other countries where FARMASI operates] building a sales organization and earning commissions on the personal and downline sales of Farmasi products.

2.3       Identification Numbers

2. Upon enrollment, we will provide you with a Farmasi Identification Number. This number will be used to place orders, structure organisations, and track commissions and bonuses.

2.4      Business Entities

 

1. A company (referred to as a “Business Entity”) may apply to be a Farmasi Influencer. For a Business Entity to be enrolled as a Farmasi Influencer you must complete your enrolment as a Farmasi Influencer, then submit all necessary documents to ComplianceUK@Farmasi.com to convert your account into a business entity.

 

2. A Farmasi Influencer may change his or her status under the same Sponsor from an individual to a Business Entity so long as he or she complies with Section 2.5(A).

 

2.5       Independent Business Relationship; Indemnification for Actions

1. As a Farmasi Influencer, you are an independent contractor and not a purchaser of a franchise or business opportunity. As a result, each Farmasi Influencer’s success depends entirely upon his, or her or their independent efforts.

2. The Agreement between you and Us does not create an employer/employee relationship, agency, partnership, or joint venture.

3. A Farmasi Influencer shall not be treated as an employee of Farmasi for any purposes, including, without limitation, tax purposes. You are responsible for paying all taxes due in relation to all compensation earned as a Farmasi Influencer..
4. You as a Farmasi Influencer have no express or implied authority to bind Farmasi to any obligation or to make any commitments by or on behalf of the Company. Each Farmasi Influencer shall establish their own goals, hours, and methods of operation and sale, so long as in compliance with the terms of the Farmasi Influencer Agreement including these Policies and Procedures and applicable laws.
5. You are fully responsible for all your verbal and written communications made regarding Farmasi products, services, and the Compensation Plan that are not expressly contained within official Company materials.
6. You shall indemnify and hold harmless Farmasi, its directors, officers, employees, product suppliers and agents from and against any and all liabilities, obligations, costs, charges and expenses including judgments, civil penalties, refunds, legal costs and court costs suffered or incurred by Farmasi arising out of or in connection with your unauthorised representations, communications or other actions. This provision shall survive the termination of the Farmasi Influencer Agreement.

 

2.6       Errors or Questions

If a Farmasi Influencer has questions about or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, the Company requires any inquiries to be made by submitting a ticket through your Farmasi Back Office within thirty (30) days of the date of the error or incident in question. The consequences of any such error, omission or problem not reported within this thirty-day timeframe is expressly waived by the Farmasi Influencer.

3.0       RESPONSIBILITIES OF A FARMASI FARMASI INFLUENCER 

3.1       Correct Addresses 

1. It is your responsibility to ensure the Company has the correct shipping address before the shipment of any orders. 

2. For any notice of address change sent to the Company, you will need to allow up to thirty (30) days for processing.

3.2       Training and Leadership 

1. Any Farmasi Influencer who sponsors another Farmasi Influencer into Farmasi must perform a genuine assistance and training function to ensure that those Farmasi Influencers in their downline organisation operate their business in accordance with these Policies and Procedures. Sponsoring Farmasi Influencers should have ongoing contact and communication with those in their downline organization. Examples of communication may include but are not limited to, newsletters, written correspondence, telephone, team calls, voice-mail, e-mail, personal meetings, accompaniment of downline Farmasi Influencer(s) to Company meetings, training sessions, webinars, and any other related functions.

• [Sponsors may strategically place newly enrolled Farmasi Influencers anywhere in their organization up to the 4th generation during the new Farmasi Influencer's first 30 days of enrolment with consent of the Farmasi Influencer being placed]. To make a placement change you must complete a Placement Change Form and submit it to the company. The Placement Change Form requires three signatures, the signature of the new Farmasi Influencer, the signature of the new Sponsor, and the signature of the current Sponsor making the request. If a Placement Change Form is received after a commissionable period, any orders made by a new Farmasi Influencer will not be moved under the new Sponsor. Strategic placement will also apply to the Farmasi Influencers who rolled up due to the termination of a frontline Farmasi Influencer.

• Farmasi may take appropriate action against a Farmasi Influencer if it determines, in its sole discretion that, a Farmasi Influencer is neglecting to train and assist their downline organization. Appropriate action may include, but is not limited to, sponsorship change of the neglected downline members along with their respective downlines up to and including termination of their Farmasi Influencer Agreement.

2. A Sponsoring Farmasi Influencer should monitor the Farmasi Influencer(s) in his or her downline organizations to ensure that downline Farmasi Influencer(s) do not make improper product or business claims or engage in any illegal or inappropriate conduct. Upon request, a Farmasi Influencer should be able to provide documented evidence to the Company of his or her ongoing fulfilment of sponsor responsibilities.

 

3. Upline Farmasi Influencers are encouraged to motivate and train new Farmasi Influencer(s) about Company products and services, effective sales techniques, the Company Compensation Plan, and compliance with these Policies and Procedures.

4. The marketing and sale of products is a required activity in Farmasi and must be emphasized in all recruiting presentations. Moreover, we prioritize all Farmasi Influencers to sell Farmasi products and services to Customers first and prospective and current Farmasi Influencers second. 

5. Use of Sales Aids. [The creation of Farmasi sales tools is limited to 6% and above].  Farmasi Influencers must submit all written sales aids, promotional materials, advertisements, websites, and other literature to the Company for approval before use. Unless the Farmasi Influencer receives specific written approval to use the material, the request shall be deemed denied. All Farmasi Influencers shall safeguard and promote the good reputation of Farmasi and its products.  Once approved, the Company reserves the right to incorporate the approved training material in its own promotional materials and to use them in its own promotional activities.    

3.3       Constructive Criticism; Ethics

It is Our goal to provide you with a combination of exceptional products and a rewarding Compensation Plan. Accordingly, we value constructive criticism and encourage the submission of written comments addressed to the Company’s Compliance Department so long as such comments are made respectfully and productively. Negative and disparaging comments by Farmasi Influencers made to others about the Company, its products or Compensation Plan, or disruptive behaviour at Company meetings or events, serve no purpose other than to dampen the enthusiasm of all those who participate in the Farmasi business. Farmasi Influencers must not belittle the Company, other Farmasi Influencers, the Company’s products or services, the Compensation Plan, or Company directors, officers, or employees, product suppliers, or agents. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as the Company sees fit. 

 Farmasi has the following Code of Ethics and all Farmasi Influencers are to comply with this Code of Ethics:

• Farmasi Influencers must show fairness, tolerance, and respect to all people associated with Farmasi and Farmasi sales opportunities regardless of race, gender, social class, or religion. 

 

• Farmasi Influencers must contribute to and foster an atmosphere of positivity, teamwork, good morale, and community spirit.

• Farmasi Influencers shall strive to resolve business issues, including situations with upline and downline members through tact, sensitivity, and goodwill.

• Farmasi Influencers must be honest, responsible, professional and conduct themselves with integrity.

• Farmasi Influencers shall never disparage the Company, other Farmasi Influencers, Company employees, product suppliers or agents, products, services, sales, and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead, or coerce others.

Farmasi may take appropriate action against a Farmasi Influencer if it determines, in its sole discretion, that the Farmasi Influencer’s conduct is detrimental, disruptive, or injurious to the Company, other Farmasi Influencers, or Farmasi Customers.

 3.4       Reporting Policy Breaches

A Farmasi Influencer who observes a policy breach by another Farmasi Influencer should submit a written and signed letter (e-mail will not be accepted) directly to the Company Compliance Department. The letter shall set out the details of the incident as follows:

• The nature of the breach and specific facts to support the allegation;
• Number of occurrences and dates;
• The Persons involved; and
• Any other supporting documentation

Upon presentation to the Company Compliance Department, we will research the incident in question and take appropriate action if necessary. This section refers to the general reporting of policy breaches as observed by other Farmasi Influencers for the mutual effort to support, protect, and defend the integrity of the Farmasi business and sales opportunity. If a Farmasi Influencer has a grievance or complaint against another Farmasi Influencer which directly relates to his, or her, or its Farmasi business, the procedures outlined in these Policies must be followed.

 

3.5       Sponsorship

1. The Sponsor is the existing Farmasi Influencer who introduces a new Farmasi Influencer to the Farmasi business and helps them complete their enrollment, supports those in their downline, and continues to provide training and assistance for all those in their downline.

2. The Company recognizes the Sponsor as the name(s) shown on the first:

• Electronically signed Farmasi Influencer Agreement from either the Company’s website or a Farmasi Influencer’s replicated website. 

3. A Farmasi Influencer Agreement that contains notations such as “by phone” or the signatures of other individuals (i.e. Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by the Company.

4. We recognise that each new prospect has the right to ultimately choose his or her Sponsor, but We will not allow Farmasi Influencers to engage in unethical sponsoring activities.

5. All active Farmasi Influencers in good standing have the right to sponsor and enroll others into the Farmasi business. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Farmasi Influencer will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Farmasi Influencer who presented a comprehensive introduction to the Company’s products or opportunity.

 3.6       Cross Sponsoring Prohibition

1. “Cross sponsoring” is defined as the enrollment of an individual or Business entity into a different line of sponsorship who has already signed a Farmasi Influencer Agreement. Actual or attempted cross-sponsoring is not allowed. If cross-sponsoring is verified by the Company, sanctions up to and including termination of a Farmasi Influencer’s business may be imposed.

2. The use of a spouse’s or relative’s name, trade names, assumed names, trading names, business entities, different or fictitious ID numbers, to evade or circumvent this policy is strictly prohibited.

 

3. This policy does not prohibit the transfer of a Farmasi business under and in accordance with the Sale or Transfer policy set forth herein. 

 3.7       Adherence to the Farmasi Compensation Plan

1. A Farmasi Influencer must adhere to the terms of the Company Compensation Plan. Any deviation from the Compensation Plan is strictly prohibited.

2. A Farmasi Influencer shall not offer the Farmasi opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically outlined in official Company materials.

3. A Farmasi Influencer shall not require or encourage a current or prospective Customer/ Farmasi Influencer to participate in the Farmasi business in any manner that varies from the Compensation Plan or other Company materials.

4. Other than such purchases or payments required to naturally build their business, a Farmasi Influencer

shall not require or encourage a current or prospective Customer/ Farmasi Influencer to make a purchase from or payment to any individual or other entity as a condition of participating in the Company Compensation Plan.

 3.8       Adherence to Laws

A Farmasi Influencer shall comply with all applicable laws and regulations in the conduct of their business as a Farmasi Farmasi Influencer.

 3.9       Compliance with Applicable Tax Laws

2. A Farmasi Influencer accepts sole responsibility for and agrees to pay all taxes payable on any income generated as an independent business owner, and further agrees to indemnify Farmasi from any failure to pay such tax amounts when due.

3. If a Farmasi Influencer’s business is VAT registered, then the VAT registration number must be provided to the Company in writing.

4. Farmasi encourages all Farmasi Influencers to consult with a tax advisor for additional information for their business.

 3.10      One Farmasi Business Per Person

 A Farmasi Influencer may operate or have an ownership interest, whether legal or equitable, as a sole proprietor, partner, shareholder, trustee, or beneficiary, in only one Farmasi business. No individual may have, operate, or receive compensation from more than one Farmasi business. If each subsequent family position is placed within the first enrolled family member’s frontline, individuals in the same family unit may each enter or have an interest in their separate Farmasi businesses. A “family unit” is defined as spouses and dependent children living or conducting business at the same address. Note: Children of legal age to contract and at least 18 years of age are not considered a part of their parent's household.

 3.11     Actions of Household Members or Affiliated Parties

 If any member of your immediate household engages in any activity which, if performed by you, would breach any provision of the Agreement, such activity will be deemed a breach by you. As a result, the Company may take disciplinary action under these Policies and Procedures against you. Similarly, if any individual associated in any way with a Business Entity breaches the Agreement, such action(s) will be deemed a breach by the Business Entity, and the Company may take disciplinary action against the Business Entity. Likewise, if a Farmasi Influencer enrolls in Farmasi as a Business Entity, each affiliated party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement. 

 3.12     Solicitation for Other Companies or Products

1. A Farmasi Influencer may participate in other direct sales, multilevel, network marketing, or relationship marketing business ventures or marketing opportunities (collectively “Network Marketing”). However, during the Term of this Agreement and for one (1) year thereafter, you may not recruit any other Farmasi Customer or Farmasi Influencer for any other Network Marketing business, unless said Customer or Farmasi Influencer was personally sponsored by you.

2. The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Customer, or Farmasi Influencer to enroll or participate in any Network Marketing opportunity. This conduct represents recruiting even if the Farmasi Influencer’s actions are in response to an inquiry made by another Customer or Farmasi Influencer. 

3. However, you may sell non-competing products or services to Farmasi Customers and Farmasi Influencers.  Specifically, a non-competing company is defined as a Network Marketing company that does NOT sell cosmetic personal care products, home care, nutrition products, or any products FARMASI may offer in the future. 

• Due to the visibility of our higher-ranking Farmasi Influencers, Farmasi Farmasi Influencers who achieve the rank of Golden Manager or above agree not to participate in any Network Marketing or party plan company, regardless of if the company sells competing products or not.  This restriction applies even if the Farmasi Influencer has fallen out of the Golden Manager qualification.    
   
• As a new sign up, you may be a part of a competing company for the first 180 days from your original registration date regardless of title reached within this period. After the 180-day period you must provide proof of resignation from that competing company to compliance@FARMASIUS.com. 
• Apart from the initial 180 days after sign up, all Farmasi Influencers with the title of Golden Manager or higher agree not to promote any competing product to those FARMASI offers. 

4. A Farmasi Influencer may not display or bundle Farmasi products or services, in sales literature, on a website, or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer or Farmasi Influencer into believing there is a relationship between Farmasi, and the non-Company related products or services.

5. You may not offer any non-Company related opportunity, products, or services at any Farmasi-related meeting, seminar, or convention, or immediately following said event(s).

6. In the event of your breach of any of the provisions in this section the Company may, at its sole discretion, impose any sanction it deems necessary and appropriate against the Farmasi Influencer or Farmasi Influencer’s business including termination, the request for immediate injunctive relief, or the pursuit of any other legal and equitable remedies. 

3.13     Presentation of the Farmasi Opportunity

In presenting the Company opportunity to potential Customers and Farmasi Influencers, you must comply with the following provisions:

• Abstain from misquoting from, or omitting any significant material fact about, the Compensation Plan.

• Make clear that the Compensation Plan is based upon sales of Farmasi products [and services] to consumers.

• Make clear that success can be achieved only through substantial independent efforts and hard work.

• Abstain from making any unauthorised income projections, claims, or guarantees* during any presentation or discussion of the Farmasi opportunity or Compensation Plan to prospective Customers or Farmasi Influencers.

• Abstain from making any claims regarding Company products [or services] not found in official Company materials. 

• Refrain from the promotion of Farmasi in any country where We have not yet officially announced that We have established a “presence.”

• Claims (which include personal testimonials) as to therapeutic, curative, or beneficial properties of any Farmasi products offered may not be made except those contained in official Company literature. No Farmasi Influencer may make any claim that Farmasi and its marketed products are useful in the cure, treatment, diagnosis, mitigation, or prevention of any diseases. Such statements are medicinal claims which may only be made in relation to medicinal products. Farmasi does not market or sell any medicinal products. Not only do such claims breach Farmasi policies, but also, they potentially breach laws and regulations governing the marketing and sale of medicinal products and related laws and regulations and are accordingly strictly prohibited.

*Note: The terms “income claim” and/or “earnings representation” (collectively “income claim”) include the following: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Farmasi Influencer earned over eight hundred thousand pounds last year” or “Our average-ranking Farmasi Influencer earns two thousand pounds per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Farmasi Influencers is ten thousand pounds on the low end to twenty-five thousand pounds a month on the high end.” (And please note that these figures are simply for the purposes of these examples and are not themselves intended as income claims!)

3.14     Sales Requirements are Governed by the Compensation Plan

1. For all Farmasi products, the Company provides a set sales price. There are no exclusive territories granted to anyone. No franchise fees apply to a Farmasi business.

2. The Farmasi program is built on sales to the ultimate consumer. Thus, Farmasi Influencers must only purchase inventory that they and their family will personally consume, will use as a sales tool (for example as free samples or for demonstration purposes), or will resell to others for ultimate use. Farmasi Influencers must never attempt to influence any other Farmasi Influencers to buy more products than they can reasonably use or sell to Customers in a month. 

3.15 Compression 

The downline of a Farmasi Influencer whose Agreement is terminated will be sponsored by a ‘Farmasi Virtual’ account that will replace this Farmasi Influencer, provided that if the existing upline of the person whose Agreement is now terminated is at least the same title or above the title reached by the terminated Farmasi Influencer in the previous 6 months before the termination then the downline immediately rolls up to their upline Farmasi Influencer without any condition.

In case the existing upline is ranked the same or below the title of the terminated Farmasi Influencer, the ‘Farmasi Virtual’ account will sponsor the downline for a minimum of 6 calendar months. During the 6 calendar months, the existing upline could ‘earn’ the downline if they achieve the necessary requirements. If the existing upline cannot achieve the requirements, then the downline stays under the ‘Farmasi Virtual’ account.

• In the case of a Farmasi Influencer whose Agreement is terminated, the new sponsor will have 30 days from the date of termination to strategically place the new downline to be sponsored by Farmasi Influencers in their 1^st through 4^th generation. To process this, an email request will need to be sent to the Compliance team with proof of all parties involved approving the change.

4.0       ORDERING

4.1       General Order Policies

1. “Bonus Buying” is strictly prohibited. Bonus Buying includes any of the following scenarios: (I) the enrolment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or Business Entities; (II) the fraudulent enrolment of an individual or entity as a Customer or Farmasi Influencer; (III) the enrolment or attempted enrolment of non-existent individuals or Business Entities as Customers or Farmasi Influencers (“phantoms”); (IV) purchasing Farmasi products on behalf of another Customer or Farmasi Influencer, or under another Customer’s or Farmasi Influencer’s ID number, to qualify for commissions or bonuses; (V) purchasing excessive amounts of products or services that cannot reasonably be used or resold in a month; and/or (VI) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses or otherwise in some way to ‘game the system’ that is not driven by bona fide product [or service] purchases by end-user consumers.

• A Farmasi Influencer shall not use another Customer’s or Farmasi Influencer’s credit card or other payment card or bank account details to enroll in Farmasi or purchase products or services without the account holder’s written permission. Such documentation must be kept by the Farmasi Influencer indefinitely in case we need to reference this.

2. If we receive an order with an invalid or incorrect payment, we will attempt to contact the Farmasi Influencer by phone, mail, or e-mail to obtain another form of payment. If these attempts are unsuccessful after ten (10) business days, the order will be cancelled.

       C. Prices are subject to change without notice.

       D. A Farmasi Influencer who is a recipient of a damaged or incorrect order must notify the Company within thirty (30) calendar days from receipt of the order and follow the procedures as outlined in these Policies.

E.         The Company shall provide the Farmasi Influencer with an adequate record of all products supplied by the Company to the Farmasi Influencer in respect of which payment is due from the Farmasi Influencer, which record may take the form of an itemised order form, invoice or receipt, and the Company shall provide full and accurate financial details of all transactions and how any deductions are calculated.

4.2       Insufficient Funds

1. [All checks returned for insufficient funds will be re-submitted for payment. A [$25] fee will be charged to the account of the Customer or Farmasi Influencer for all returned checks and insufficient funds.]

 

2. Any outstanding balance owed to Us by a Customer or Farmasi Influencer of yours from cheque payments which are not honoured in full will be withheld from your future bonus and commission payments.

3. All transactions involving returned cheques or insufficient funds through ACH or credit card, which are not resolved promptly by the Farmasi Influencer, constitute grounds for disciplinary sanctions.

4. If a credit or debit card payment or a direct debit payment is declined the first time, the  Farmasi Influencer will be contacted for an alternate form of payment. If payment is declined a second time, the Farmasi Influencer may be deemed ineligible to purchase Company products or services in the future.

4.3       Sales Tax Obligation

1. You as a Farmasi Influencer shall comply with all laws and regulations relating to taxes and duties applicable to your sale of Our products [and services] including registering for, charging and accounting for value added tax (VAT) if you are required to be VAT registered. 

3. We encourage each Farmasi Influencer to consult with a tax advisor for additional information about their Farmasi business.

 5.0       PAYMENT OF COMMISSIONS & BONUSES

5.1       Bonus and Commission Qualifications

1. A Farmasi Influencer must be active (as defined in the Glossary of Terms Have 125PV) and in compliance with these Policies and Procedures to qualify for bonuses and commissions. So long as a Farmasi Influencer complies with the terms of the Agreement, we shall pay commissions to such Farmasi Influencer in accordance with the Compensation Plan.

2. We will not issue a payment to a Farmasi Influencer without the receipt of a completed and signed Farmasi Influencer Agreement via hard copy or through Electronic Authorization.

3. We reserve the right to postpone bonus and commission payments until such time as the cumulative amount exceeds £50.

5.2       Computation of Commissions and Discrepancies

1. A Farmasi Influencer placing his or her first order must review his or her monthly statement and bonus/commission reports located in the back office of their website and report any discrepancies within thirty (30) days of receipt. After this initial thirty-day “grace period”, a Farmasi Influencer expressly waives any right to commission recalculation. 

2. A Farmasi Influencer who believes a miscalculation of bonuses/commissions has occurred  is required to submit a ticket through their Farmasi Back Office and include a detailed description and account number within the body of the ticket.

C.         For additional information on payment of commissions, please review the Compensation Plan.

 5.3       Adjustments to Bonuses and Commissions for Returned Products 

1. A Farmasi Influencer receives bonuses and commissions based on the actual sales of products and services to end consumers. When a product [or service] is returned to the Company for a refund from the end consumer, the bonuses, and commissions attributable to the returned product or service will be deducted from the Farmasi Influencer who received bonuses or commissions on said sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.

2. If a Farmasi Influencer’s Agreement terminates for any reason, and the amounts of the bonuses or commissions attributable to the returned products or services have not yet been fully recovered by the Company, the remainder of the outstanding balance may be offset against any other amounts that may be owed by the Company to the terminated Farmasi Influencer.

 5.4.      Chargeback Policy

When a card processor forcibly reverses a credit card transaction, returning funds to the cardholder, it is known as a chargeback. Chargebacks are usually issued when a cardholder reports fraud to their credit card company. When Farmasi receives a chargeback notice, the account of the Farmasi Influencer who supplied the card details to make the product purchase will be immediately blocked, and all transactions related to that account will be suspended.  Farmasi will attempt to “claw back” all commissions/bonuses paid plus a [40 GBP] chargeback fee via the reversed transaction.  This means Farmasi will seek to recover funds from anyone that received a reward from transactions that are ultimately reversed.  Until the full funds are received, all access to Farmasi services and programs will be suspended. 

 

 6.0       SATISFACTION GUARANTEE AND RETURN OF SALES AIDS

1. 1. Farmasi offers a one hundred percent (100%) thirty-day money-back guarantee for all Customers and Farmasi Influencers. If a customer purchased a product [or service] directly from a Farmasi Influencer, the Farmasi Influencer must provide a 100% refund to the customer.

 

1. 2. If you as a Farmasi Influencer are not 100% satisfied with our products or are unable to sell them, and you would like to return products that were intended to be resold, you may return the items for alternative products of equivalent value OR for a refund if: (I) neither you nor We have terminated the Agreement; (II) the products or services were purchased within the previous (12) months; and (III) the products remain in resalable condition (as defined in the Glossary of Terms). The refund shall be eighty percent (80%) of the purchase price. Shipping and handling charges incurred will not be refunded. This satisfaction guarantee does not affect your statutory rights.

 

 

1. 3. Upon cancellation or termination of the Agreement, the Farmasi Influencer may return all generic sales aids provided by the Company and purchased after enrollment within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. A Farmasi Influencer may only return sales aids personally purchased from the Company under his or her Farmasi Influencer Identification Number, and which are in a resalable condition. Any custom orders of printed sales aids (i.e., business cards, brochures, etc.) that were on the Farmasi Influencer’s contact information are imbedded or hard printed or have been added by the Farmasi Influencer, are not able to be returned in Resalable Condition and are thus non-refundable. Upon the Company’s receipt of the products and sales aids, the Farmasi Influencer will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit card, the refund will be credited back to the same credit card account. The Company shall deduct from the reimbursement paid to the Farmasi Influencer any commissions, bonuses, rebates, or other incentives received by the Farmasi Influencer which were associated with the merchandise that is returned.

 

1. 4. A Farmasi Influencer has certain statutory rights upon termination of their Agreement including in relation to product returns. Those rights are set out in Sections [10.8 and 10.9] of these Policies and Procedures and the Farmasi Influencer may exercise those rights as an alternative to the rights set out in this Section 6 at the Farmasi Influencer’s own discretion.

 6.1       Return Process

1. All returns, by a Farmasi Influencer or customer made under Section 6.0, must be made as follows:

 

1. Contact our Farmasi Customer Service Department at +44-800-066-8915 to confirm your order is eligible for a refund.

2. Secure all of the products you are returning in a box and provide a copy of the invoice with the returned products or service. Such invoice must include the reason for return and products must be shipped back in the same manner as it was delivered, meaning the packaging should be the same.

3. Ship items the address to the address below.

Farmasi / ATT: Returns

2. All returns must be shipped to the Company pre-paid, as We do not accept shipping collect packages. We recommend shipping returned products by UPS or FedEx with tracking and insurance as the risk of loss or damage in shipping of the returned product shall be borne solely by the Customer or Farmasi Influencer. If the returned product is not received at the Company Distribution Center, it is the responsibility of the Customer or Farmasi Influencer to trace the shipment and no credit will be applied.

3. If a product is received in a damaged or defective condition, the Company will cover all shipping charges by providing a shipping label.  Proof of the defective product must be submitted via photographs to our Customer Service Department by submitting a ticket via your Farmasi Back Office.

4. The return of £1,000 or more of products accompanied by a request for a refund within a single calendar year by a Farmasi Influencer may constitute grounds for involuntary termination.

 7.0       PRIVACY OF FARMASI INFLEUNCERS AND CUSTOMERS INFORMATION

7.1       Introduction

This Privacy Policy is to ensure that all Farmasi Influencers understand and adhere to the basic principles of confidentiality.

 7.2       Expectation of Privacy

1. Farmasi recognises and respects the importance its Customers and Farmasi Influencers place on the privacy of their financial and personal information. Thus, we will make reasonable efforts to safeguard the privacy of and maintain the confidentiality of its Customers’ and Farmasi Influencers’ financial and account information and non-public personal information.

 

2. By entering into the Farmasi Influencer Agreement, you authorise the Company to disclose your name and contact information to upline Farmasi Influencers solely for activities related to the furtherance of the Farmasi business. A Farmasi Influencer hereby agrees to maintain the confidentiality and security of such information and to use it solely to support and service the downline organisation and conduct Farmasi business.

 7.3       Employee Access to Information

We limit the number of employees who have access to Customers’ and Farmasi Influencers’ non-public personal information.

 7.4       Restrictions on the Disclosure of Account Information

Farmasi will not share non-public personal information or financial information about current or former Customers or Farmasi Influencers with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers’ or Farmasi Influencers’ interests or to enforce its rights or obligations under the Farmasi Influencer Agreement including these Policies and Procedures, or with written permission from the account holder on file.

 7.5       Processing of Personal Data of Farmasi Influencers

A.         This section 7.5 summarises the processing of the Farmasi Influencer’s personal data by the Company. Full details are set out in the Company’s Privacy Policy which is available at [insert details].

B.         The Company may process the Farmasi Influencer’s personal data for purposes necessary for the performance of the Company’s contracts with the Farmasi Influencer, including this Agreement, any contracts ancillary to this Agreement, and any contracts for the supply of products or services, and to comply with its legal obligations.

C.        The Company may process the Farmasi Influencer’s personal data for the purposes of its own legitimate interests provided that those interests do not override those interests, rights and freedoms of the Farmasi Influencer which require the protection of personal data. The Farmasi Influencer has the right to object to the processing of their personal data where the Company is relying on a legitimate interest and there is something about the particular situation which makes the Farmasi Influencer wish to object to processing on that ground. This includes processing for direct marketing purposes.

D.        The Company may process the Farmasi Influencer’s personal data for certain additional purposes with the consent of the Farmasi Influencer. In the limited circumstances where the Farmasi Influencer’s consent is required for the processing of their personal data for any purposes then such consent will be separately requested from the Farmasi Influencer and is not granted by the Farmasi Influencer entering into this Agreement. The Farmasi Influencer will then have the right to withdraw their consent to processing for these specific purposes.

E.         If the Farmasi Influencer wishes to receive any further information or to exercise any rights including the right to object to the processing of personal data or to withdraw consent to the processing of personal data please contact the Company at [insert email address].

 8.0       PROPRIETARY INFORMATION AND TRADE SECRETS

8.1       Business Reports, Lists, and Proprietary Information

By completing and signing the Farmasi Influencer Agreement, you acknowledge that Business Reports, lists of Customer and Farmasi Influencer names and contact information, and any other information, which contains financial, scientific, or other information both written or otherwise circulated by the Company about the business of Farmasi (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to the Company.

 8.2       Obligation of Confidentiality

During the Term of the Farmasi Influencer Agreement and for five (5) years after the termination or expiration of the Farmasi Influencer Agreement between you and Us, you shall not:

1. Use the information in the Reports to compete with Farmasi or for any purpose other than promoting your business.
2. Use or disclose to any person or entity any confidential information contained in the Reports, including the replication of the genealogy in another network marketing company. 

 

8.3       Breach and Remedies

The Farmasi Influencer acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in breach of this provision will result in irreparable damage to Farmasi and the independent Farmasi businesses of its Farmasi Influencers. The Company and its Farmasi Influencers will be entitled to injunctive relief or to recover damages against any Farmasi Influencer who breaches this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of legal costs, court costs, and expenses.

 8.4       Return of Materials

Upon demand by the Company, any current or former Farmasi Influencer will return the original and all copies of all “Reports” to the corporate office together with any other Company confidential information in such person’s possession. Farmasi Influencer shall contact the corporate office to return materials via sending an e-mail to Compliance@farmasius.com.  

 9.0       ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS

9.1       Labeling, Packaging, and Displaying Products

1. A Farmasi Influencer may not re-label, re-package, refill or alter labels of any Farmasi product [or service] information, materials, or program(s) in any way. Such re-labeling or re-packaging is likely to be unlawful and may result in criminal or civil penalties or liability.

2. A Farmasi Influencer shall not cause any Company product [or service] or any Company trade name to be sold or displayed in retail establishments, including but not limited to kiosks in malls.

3. A Farmasi Influencer may sell Company products and services and display the Company trade name at any appropriate display booth (such as trade shows) with prior written approval from the Company. The request for Company approval may be made by way of email to complianceuk@farmasi.com

 

4. We reserve the right to refuse authorisation to participate at any function that We do not deem a suitable forum for the promotion of Our products [and services.] 

9.2       Use of Company Names and Protected Materials

1. A Farmasi Influencer must safeguard and promote the good reputation of the Company and the products and services it markets. The marketing and promotion of the Company, the Farmasi opportunity, the Compensation Plan, and its products and services will be consistent with the public interest and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct and practices.

2. All promotional materials supplied or created by Us must be used in their original form and cannot be changed, amended, or altered except with prior written approval from the Company Compliance Department.

3. The name ‘Farmasi’, each of its product and service names, and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks, and service marks of Farmasi. As such, these marks are of great value to the Company and are supplied to Farmasi Influencers for their use only in an expressly authorised manner.

4. A Farmasi Influencer’s use of the name “Farmasi” is restricted to protect the Company’s proprietary rights, ensuring that the Company-protected names will not be lost or compromised by unauthorized use. Use of the Farmasi name on any item not produced by the Company is prohibited except as follows:

• [Farmasi Influencer’s name] A Farmasi Influencer of Farmasi; or
• [Farmasi Influencer’s name] Independent Business Owner and Farmasi Influencer of Farmasi products and services.

        E. Further procedures relating to the use of the Farmasi name are as follows:

1. All stationery (i.e., letterhead, envelopes, and business cards) bearing the Farmasi name or logo intended for use by the Farmasi Influencer must be approved in writing by the Company Compliance Department.

2. Farmasi Farmasi Influencers may list “Farmasi Influencer of Farmasi” on the ‘yellow pages’ of the telephone directory or similar business directory under her name.

 

3. Farmasi Influencers may not use the name “Farmasi,” “Farmasi UK Corporate Office,” or “Corporate Office of Farmasi” in answering the telephone, creating a voice message, or using an answering service, such as to give the impression to the caller that they have reached the domestic, corporate office. They may state, “Farmasi Farmasi Influencer”.

4. Farmasi Influencers can use our logo for custom t-shirts, hoodies, and other items for their organisations. The sale of custom items is strictly prohibited.

5. Farmasi Influencers must use the logos that are in the Farmasi Back Office and they cannot be modified in any way shape or form. The term “Farmasi Influencer” may be added.

        F. Certain photos and graphic images used by Farmasi in its advertising, packaging, and websites are the results of paid contracts with outside vendors that do not extend to Farmasi Influencers. If a Farmasi Influencer wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee.

        G. A Farmasi Influencer shall not appear on or make use of television or radio or make use of any other media to promote or discuss the Company, its programs, products, or services without prior written permission from the Company Compliance Department.

        H. A Farmasi Influencer may not produce for sale or distribution content from any Company event or speech in any form or medium, nor may a Farmasi Influencer reproduce Company audio or video clips for promotional, sale or personal use without prior written permission from the Company Compliance Department.

         I. Farmasi reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Farmasi Influencer.

         J. A Farmasi Influencer shall not promote non-Farmasi products or services in conjunction with Company products or services including on the same websites or same advertisements.

 9.3       Faxes and E-mail Restrictions

1. Except as provided in this section, a Farmasi Influencer may not use or transmit faxes, emails(including by mass email distribution, or any form of “spamming”) or any other type of electronic marketing communication that advertises or promotes any aspect of the Farmasi business or Farmasi’s products (each an “Electronic Marketing Communication”). The exceptions are:

 

1. Electronic Marketing Communications to any person who has given prior permission or invitation by way of a positive opt-in.
2. Electronic Marketing Communications to any person who is an existing customer of the Farmasi Influencer in relation to Farmasi’s products.

2. Where prohibited by law, a Farmasi Influencer may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer, or another device or any other form of Electronic Marketing Communication), an unsolicited advertisement to any equipment, which can transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as outlined in this section.

3. All Electronic Marketing Communications subject to this provision shall include each of the following:

1. a clear identification that the Electronic Marketing Communication is an advertisement or solicitation. The words “advertisement” or “solicitation” should appear in the subject line of the message;
2. A clear return path or routing information;
3. The use of legal and proper domain name;
4. a clear notice of the opportunity to decline to receive further Electronic Marketing Communications from the sender;
5. Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;
6. The true and correct name of the sender, valid senders’ fax or e-mail address, and a valid sender's physical address;
7. The date and time of the transmission;
8. Upon notification by the recipient of his or her request not to receive further Electronic Marketing Communications, the Farmasi Influencer shall not transmit any further documents to that recipient.

4. No Electronic Marketing Communications subject to this provision shall include any of the following:

I.         Use of any third-party domain name without permission; and

II.        Sexually explicit materials.

 9.4       Internet and Third-Party Website Restrictions

1. A Farmasi Influencer may not use or attempt to register any of FARMASi’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name, or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, social media groups, e-mail addresses, web pages, ads or blogs.

 

2. A Farmasi Influencer cannot use or register domain names, email addresses, and/or online aliases

that could cause confusion, be misleading, or deceive individuals into believing that a communication is from or is the property of Farmasi corporate.  

 Regarding the registered mark of Farmasi in URLs, examples of improper use include but are not limited to:

I FarmasiUKBI@hotmail.com

II www.farmasi.co.uk

III www.facebook.com/ukfarmasiteam

IV Any other derivatives as described herein.

Examples of permitted URLs, email addresses, and online aliases might appear as follows:

I. Facebook.com/iloveFarmasi; or

II. CindySmith@FarmasiFarmasi Influencer.net

 The determination as to what could cause confusion, mislead, or be considered deceptive is at the sole discretion of the Company. 

3. A Farmasi Influencer may not sell Farmasi products, or services or offer the Farmasi sales opportunity via third party branded online platforms such as eBay®, Amazon or Etsy. For more information, please see the Farmasi Online Marketplace Provision under Section 9.4(R). 

4. The Company provides all Farmasi Influencers with one (1) replicated website. A Farmasi replicated website is a personal website for Farmasi Influencers that is hosted on Company servers. Any Farmasi Influencer who wishes to operate . a website or other online platform other than the Farmasi replicated website provided by the Company) (“third-party website”) must seek and receive the Company’s prior written approval before going live with such a third-party website. It is important that any third-party website meets the Company’s quality standards and provides proper protection for the rights and property of customers and other visitors and accordingly should the Company grant the Farmasi Influencer approval to use a third-party website, the site must:

 

1. Identify yourself as a Farmasi Influencer for Farmasi
2. Use only the approved images and wording authorised by the Company
3. Adhere to the branding, trademark, and image usage policies described in this document.
4. Adhere to any other provision regarding the use of a third-party website described in this document.
5. Comply with all applicable laws including the Data Protection Act 2018, the Consumer Contracts Regulations 2013 and the Consumer Rights Act 2015;
6. comply with current or future Company policies.

5. All marketing materials used on a Farmasi Influencer’s third-party website must be provided or approved by the Company in writing. 

6. To avoid confusion, the following three elements must also be prominently displayed at the top of every page of any third-party website:

1.     The Farmasi Farmasi Influencer Logo

2.     Your Name and Title

3.     Farmasi Corporate Website Redirect Button

7. A Farmasi Influencer may not use third-party sites that contain materials copied from corporate sources (such as Farmasi brochures, CDs, videos, tapes, events, presentations, and corporate websites). This policy ensures brand consistency, allows Customers and Farmasi Influencers to stay up to date with changing products, services, and information, facilitates nrolment under the correct Sponsor, and assists in compliance with government regulations.

8. If the Agreement of a Farmasi Influencer who has received authorisation to create and operate any third-party website is terminated for any reason, or if the Company revokes authorization allowing the Farmasi Influencer to maintain such a third-party website, the Farmasi Influencer shall assign the URL to the third-party website to the Company within three (3) days from the date of the termination and execute all other documents and do all other acts and things as may be necessary or desirable to transfer the domain name to the Company and/or re-direct all traffic to such site as may be directed by the Company. We reserve the right to revoke any Farmasi Influencer’s right to use a third-party website at any time if We believe that such revocation is in the best interests of Farmasi, its Farmasi Influencers, and/or Customers. Decisions and corrective actions in this area are at the Company’s sole discretion.

1. Social Media sites may be used to market Farmasi products provided that all marketing content complies with (i) applicable laws and regulations, (ii) the UK’s Advertising Code of Practice (the ASA’s ‘CAP’ Code) and associated guidance including in relation to the use of #Ad to identify marketing content as such, and (ii) any applicable rules and policies of the relevant social media platform provider. PROFILES A FARMASI INFLUENCER GENERATES IN ANY SOCIAL COMMUNITY WHERE FARMASI IS DISCUSSED OR MENTIONED MUST IDENTIFY THE FARMASI INFLUENCER AS SUCH, and when a Farmasi Influencer participates in those communities, he or she must avoid inappropriate conversations, comments, images, video, audio, applications, or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at the Company’s sole discretion, and offending Farmasi Influencers will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the Farmasi-approved library. If a link is provided, it must link to the posting Farmasi Influencer’s replicated website or an approved third-party website.

10. Anonymous postings or use of an alias on any Social Media site is prohibited, and offending Farmasi Influencers will be subject to disciplinary action.

11. Farmasi Influencers may not use blog spam, spamdexing, or any other mass-replicated methods to leave blog comments. Comments Farmasi Influencers create, or leave must be useful, unique, relevant, and specific to the blog’s article.

       L. Farmasi Influencers must disclose their full name on all Social Media postings, and conspicuously identify themselves as a Farmasi Influencer for Farmasi. Anonymous postings or the use of an alias is prohibited.

       M. Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the Farmasi income opportunity, the Company products, and services, and/or your biographical information and credentials.

14. Farmasi Influencers are personally responsible for their postings and all other online activity that relates to Farmasi. Therefore, even if a Farmasi Influencer does not own or operate a blog or Social Media site, a Farmasi Influencer’s post(s) to any such site that relates to Farmasi, or which can be traced to the Company makes the Farmasi Influencer responsible for the posting. Farmasi Influencers are also responsible for postings that occur on any blog or Social Media site that the Farmasi Influencer owns, operates, or controls.

• The distinction between a Social Media site and a website may not be clear-cut, because some Social Media sites are particularly robust; therefore, Farmasi reserves the sole and exclusive right to classify certain Social Media sites as third-party websites and require that Farmasi Influencers using, or who wish to use, such sites adhere to the Farmasi policies relating to third-party websites.

16. If your Farmasi Influencer Agreement terminates for any reason, you must discontinue using the Company name, and all the Company’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as a Farmasi Influencer of Farmasi, you must conspicuously disclose that you are no longer a Farmasi Farmasi Influencer.

17. Failure to comply with these Policies for conducting business online may result in the Farmasi Influencer losing their right to advertise and market Company products, services, and the Farmasi opportunity online or any other disciplinary action available under the Policies and Procedures up to and including termination of the Agreement .

18. Farmasi predicates its business on in-home and event sales. Therefore, face-to-face interactions with Customers and Farmasi Influencers are critical to one’s success in this business. Because of this, Farmasi has a strict approach to sales on third party branded marketplaces such as eBay and Etsy. The Company does not allow a Farmasi Influencer to sell any Farmasi products on eBay, Etsy, or Facebook Marketplace (collectively known as “Online Marketplaces”). During the term of your contract as a Farmasi Influencer, you can maintain a profile on any of these Online Marketplaces but must refrain completely from selling or offering Company products. This same policy applies to other third-party sites by which a Farmasi Influencer could sell Farmasi products. 

 9.5      Advertising and Promotional Materials

1. No ‘special enticement’ advertising is allowed. This includes, but is not limited to, offers of a free business, free product packages, or other such offers that grant advantages beyond those available through the Company.

2. Advertising and all forms of communications must adhere to principles of honesty and propriety.

3. All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by the Company’s Compliance Department.

4. All requests for approvals concerning advertising must be directed in writing to the Company’s Compliance Department.

5. Corporate approval is not required to place blind ads that do not mention Farmasi, its employees, any of its products, services, designs, symbols, programs, and trademarked, copyrighted, or otherwise protected materials provided that such blind ads comply with all applicable laws.

6. The Company reserves the right to rescind its prior approval of submitted advertising or promotional materials to comply with changing laws and regulations and may require the removal of such advertisements from the marketplace without obligation to the affected Farmasi Influencer.

 

7. Sample products are not intended for resale.

 9.6       Testimonial Permission

You hereby grant us all rights, licences, consents and approvals to use your testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio, and video. In consideration of being allowed to participate in the Farmasi opportunity, you waive any right to be compensated for the use of your testimonial or image and likeness even though the Company may be paid for items or sales materials containing such image and likeness. In some cases, a Farmasi Influencer’s testimonial may appear in another Farmasi Influencer’s advertising materials. If you do not wish to participate in Farmasi sales and marketing materials, you should provide a written notice to the Company Compliance Department to ensure that your testimonial or image and likeness will not be used in any corporate materials, or corporate recognition pieces, advertising or recordings of annual events.

 9.7       Telemarketing Limitations 

1. A Farmasi Influencer must not engage in telemarketing in relation to the operation of his or her Farmasi business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of Farmasi products or services, or to recruit them for the Farmasi opportunity.

 

5. A Farmasi Influencer may place telephone calls to prospective Customers or Farmasi Influencers under the following limited situations:

• If the Farmasi Influencer has an established business relationship with the prospect
• In response to the prospect’s personal inquiry or application regarding a product or service offered by the Farmasi Influencer within three (3) months immediately before the date of such a call
• If the Farmasi Influencer receives written and signed permission from the prospect authorizing the Farmasi Influencer to call
• If the call is to family members, personal friends, and acquaintances. However, if a Farmasi Influencer makes a habit of collecting business cards from everyone, he/she meets and subsequently calls them, this is a form of telemarketing that is not subject to this exemption
• A Farmasi Influencer engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.
• A Farmasi Influencer shall not use automatic telephone dialing systems in the operation of their Farmasi businesses.

6. Failure to abide by Company policies and applicable laws and regulations regarding telemarketing may lead to sanctions against the Farmasi Influencer’s business, up to and including termination of the Agreement.

 10.0     CHANGES TO A FARMASI INFLUENCER’S BUSINESS

10.1     Modification of the Farmasi Influencer Agreement

A Farmasi Influencer may modify his, her or its existing Farmasi Influencer Agreement (ie.g. change an ID number, add a Spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the Farmasi Influencer) by submitting a written request, accompanied by a new Farmasi Influencer Agreement (and the Business Registration Form, if applicable), completed with fresh signatures (not a “crossed out” or “white-out” version of the first Agreement), and any appropriate supporting documentation.

10.2    Change Sponsor or Placement for Inactive Farmasi Influencer

1. Farmasi Influencers have 3 days after registering to request a change of sponsor.
2. At the discretion of Farmasi, a Farmasi Influencer who has not earned 125 Personal Volume in 6 rolling calendar months but who has not resigned will be considered inactive and their Farmasi Influencer Agreement terminated by the Company on that basis. A Farmasi Influencers who is terminated in such circumstances is eligible to re-enroll in the Company under the Sponsor/Placement of their choice.

3. A Farmasi Influencer who is terminated and subsequently re-enrols does not retain former rank, downline, or rights to commission payments based on sales bythe former organizations.

4. As a one-time opportunity, if you are a Farmasi Influencer who is sponsored directly by the company (FARMASI Root) and have a total monthly GV of less than 50,000, you may only request a sponsor change if the person you want to sponsor you is at least 2 titles higher than the highest title you have attained.

• To avoid being placed back under FARMASI root, you have three months to reach a title higher than the one from your change and a minimum 20 percent GV rise.

       E. The Company reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.

      F. If you are a Director you must earn a minimum of 1,500 side points each month. Failure to reach 1,500 side points in 3 consecutive months will allow any 25% Farmasi Influencer sponsored by you to request a  sponsor change to your immediate upline and this will be granted by the Company. 

10.3     Change Organizations

1. If a Farmasi Influencer wishes to transfer organizations, he or she must submit a letter of resignation to the Company Customer Service Department and remain inactive (neither buy or sell) an accumulation of 125 Personal Volume within 6 calendar months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement.

2. The Company retains the right to approve or deny any request to re-enroll after a Farmasi Influencer’s resignation.

3. If re-enrollment is approved, the former Farmasi Influencer will be issued a new Farmasi Influencer ID number and will be required to submit a new Farmasi Influencer Agreement. The Farmasi Influencer will not be entitled to keep any former rank, downline, or rights to commission checks from any prior organization.

 10.4     Unethical Sponsoring

1. Unethical sponsoring activities include, but are not limited to, enticing, bidding, or engaging in unhealthy competition in trying to acquire a prospect or new Farmasi Influencer from another Farmasi Influencer or influencing another Farmasi Influencer to transfer to a different sponsor.

2. Allegations of unethical sponsoring must be reported in writing to the Company’s Compliance Department within the first 90 days of enrollment. If the reports are substantiated, Farmasi may transfer the Farmasi Influencer and/or the Farmasi Influencer’s downline to another sponsor, Placement, or organization without approval from the current up-line Sponsor or Placement Farmasi Influencers. The Company remains the final authority in such cases.

3. Farmasi prohibits the act of “Stacking.” Stacking is the unauthorized manipulation of the Company compensation system and/or the marketing plan to trigger commissions or cause a promotion off a downline Farmasi Influencer in an unearned manner. One example of stacking occurs when a Sponsor places a participant under an inactive downline without his or her knowledge to trigger unearned qualification for commissioning. Stacking is unethical and unacceptable behaviour, and as such, may be sanctioned with measures up to and including the termination of the Farmasi Influencer Agreements of all individuals and/or entities found to be directly involved.

4. Should Farmasi Influencers engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Farmasi products and services, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a Farmasi Influencer alleging that they engaged in inappropriate recruiting activity of another company’s sales force or Customers, the Company will not pay any of the Farmasi Influencer’s defence costs or legal fees, nor will the Company indemnify the Farmasi Influencer for any judgment, award, or settlement.

 10.5     Sell, Assign or Sub-Contract Position

1. To preserve the integrity of the hierarchical structure, it is necessary for Farmasi to place restrictions on the transfer, assignment, or sale of a Farmasi Influencer’s business and position.

2. A Farmasi Influencer may not sell, assign, sub-contract or otherwise dispose of or deal with any rights or interest in their position as a Farmasi Influencer without prior written approval by the Company, which approval will not be unreasonably withheld. Any attempted sale, assignment, or other dealing without such approval may be voided at the discretion of the Company.

3. Should a sale be approved by the Company, the Buyer assumes the position of the Seller at the current qualified title, but at the current “paid as” rank, at the time of the sale and acquires the Seller’s Downline.

4. To request corporate authorization for a sale or transfer of a Farmasi business, the following items must be submitted to the Company’s Compliance Department:

• A Sale/Transfer of Business Form properly completed, with the requisite signatures
• A copy of the Sales Agreement signed and dated by both Buyer and Seller
• A Farmasi Influencer Agreement completed and signed by the Buyer
• Any additional supporting documentation requested by the Company

5. Any debt obligations that either Seller or Buyer may have with Farmasi must be satisfied prior to the approval of the sale or transfer by the Company.

6. A Farmasi Influencer who sells his or her business is not eligible to re-enroll as a Farmasi Influencer in any organisation for twelve (12) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.

       G. The Transfer/Sale will be approved or denied at the sole discretion of Farmasi.

 10.6     Separating a Farmasi Influencer’s Farmasi Business

1. Pending a divorce or dissolution of a business entity, the parties must adopt one of the following methods of operation:

1. One of the parties may, with the written consent of the other(s), operate the Farmasi business of the enrolled Farmasi Influencer whereby the relinquishing spouse, shareholders, partners, members or trustees authorize the Company to deal directly and solely with the other spouse, non-relinquishing shareholder, partner, member or trustee;
2. The parties may continue to operate the Farmasi business jointly on a “business as usual” basis, whereupon all compensation paid by the Company will be paid in the name designated as the Farmasi Influencer or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, Farmasi will pay compensation to the name on record and in such event, the Farmasi Influencer named on the account shall indemnify Farmasi from any claims from the other business owner(s) or the other Spouse with respect to such payment.

2. The Company recognizes only one Downline organization and will issue only one commission payment per Farmasi business per commission cycle. Under no circumstances will the Downline of an organization be divided, nor will Farmasi split commission and/or bonus payments.

3. If a relinquishing Spouse, partner, or owner of the business has completely relinquished (“Relinquishing Party”), in writing, all rights to the original Farmasi business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any Farmasi Influencer or active Customer in the former organization and must develop a new business in the same manner as any other new Farmasi Influencer. A Farmasi Influencer in the Relinquishing Party’s former Downline who wishes to transfer to the Relinquishing Party’s new organization or to any other organization, must comply with the requirements in Section 12.5. 

10.7     Succession

1. Upon the death or incapacity of a Farmasi Influencer, the Farmasi Influencer’s corresponding business may be passed on to his or her legal successors in interest (successor). Whenever a Farmasi business is transferred by will or other testamentary process, the successor acquires the right to collect all bonuses and commissions of the deceased Farmasi Influencer’s sales organization. The successor must:

1. Complete and sign a new Farmasi Influencer Agreement
2. Comply with the terms and provisions of the Farmasi Influencer Agreement; and
3. Meet all the qualifications for the last rank achieved by the former Farmasi Influencer.

2. Bonus and commission payments due to a Farmasi business transferred based on this section will be paid in a single payment to the successor. The successor must provide the Company with an “address of record” to which all bonus and commission Payments will be sent. Payments will be based on the current performance of the business, not the highest rank or volume achieved.

 

3. If the business is passed on to joint devisees (successors), they must form a business entity and acquire a corporation tax identification number for that business entity. Farmasi will issue all bonus and commission payments to the business entity only.

4. Appropriate legal documentation must be submitted to the Company’s Compliance Department to ensure the transfer is done properly. To effect a testamentary transfer of a Farmasi business, the successor must provide the following to the Company ‘sCompliance Department:

1. A certified copy of the death certificate; and
2. A notarized copy of the will or other appropriate legal documentation establishing the successor’s right to the Farmasi business.
3. To complete a transfer of the Farmasi business because of incapacity, the successor must provide the following to the Company ‘s Compliance Department:
4. A notarized copy of an appointment as trustee
5. A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the Farmasi business; and
6. A completed Farmasi Influencer Agreement executed by the trustee.
7. If the successor is already an existing Farmasi Influencer, the Company will allow such Farmasi Influencer to keep his or her own business plus the inherited business active for up to six (6) months. By the end of the 6-month period, the Farmasi Influencer must have compressed (if applicable), sold or otherwise transferred either the existing business or the inherited business.
8. If the successor wishes to terminate the Farmasi business, he, she or it must submit a notarized statement stating the desire to do so, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal documentation.
9. Upon written request, Farmasi may grant a one (1) month bereavement waiver and pay out at the last “paid as” rank.

 10.8     Termination by Farmasi Influencer

1. The Farmasi Influencer may cancel this Agreement without penalty within 14 days of entering into this Agreement by giving written notice of cancellation to the Company at its address set out [state where address is found in the contract or include it here] (or to such alternative address within the United Kingdom as the Company may specify) and:
   1. the Farmasi Influencer may require the Company to repay to the Farmasi Influencer any monies which the Farmasi Influencer has paid to or for the benefit of the Company or any of  its  other  Farmasi Influencers  in  connection  with  the Farmasi Influencer's  participation in this trading  scheme  or  paid  to  any  other Farmasi Influencer in accordance with the provisions of this trading scheme; and
   2.  the Farmasi Influencer may return to the Company's address referred to above any products (including training and promotional materials, business manuals and kits) which the Farmasi Influencer has purchased under the Company's trading scheme within such 14 day period and which remain unsold, provided that such unsold products remain in the condition in which they were in at the time of purchase, whether or not their external wrappings have been broken, and may recover any monies paid in respect of such products; and
   3.  the Farmasi Influencer may cancel any services which the Farmasi Influencer has ordered under the trading scheme within such 14 day period and may recover any monies paid in respect of such services, provided that such services have not yet been supplied to the Farmasi Influencer.
2.  In order to recover  any monies paid  in accordance with section 10.8(A)(i) or (iii) above the Farmasi Influencer must give notice to the Company  requesting  the repayment of such monies (and if applicable, returning the starter kit and any other promotional or training materials purchased by him/her) to the Company's address referred to in section 10.8(A) within 14 days of entering into this Agreement and the Company shall repay such  monies  as the  Farmasi Influencer  may  be  legally  entitled  to  recover  within  a reasonable period of time after the date of receipt of such notice.
3.  In order to recover monies paid for products under section 10.8(A)(ii) above, the Farmasi Influencer must deliver the products to the Company within 14 days of entering into this Agreement to the address referred to in section 10.8(A). The Farmasi Influencer shall bear the cost of such delivery. The monies paid in respect of those products is payable to the Farmasi Influencer on delivery of the products, or forthwith if the products have not yet been delivered to the Farmasi Influencer.
4.  The Farmasi Influencer may terminate this Agreement at any time without penalty by giving 14 days written notice of termination to the Company at its address referred to in section 10.8(A). If the Farmasi Influencer gives notice to terminate this Agreement more than 14 days after the Farmasi Influencer entered into the Agreement, then:
   1. the Farmasi Influencer may return to the Company any products (including training and promotional materials, business manuals and kits) which the Farmasi Influencer has purchased under the Company's trading scheme within 90 days prior to such termination and which remain unsold and the Company will pay the Farmasi Influencer the price (inclusive of VAT) which the Farmasi Influencer paid for the products less, where the condition of any such products has deteriorated due to an act or default on the part of the Farmasi Influencer, an amount equal to the diminution in their  value  resulting  from  such deterioration and a reasonable handling  charge (which may include the cost of repackaging returned products  for resale). The Farmasi Influencer shall bear the cost of such delivery.

1. .

 

E.         A Farmasi Influencer may not use their right of termination to immediately change Sponsor and Placement. Instead, the Farmasi Influencer who has terminated their Agreement is not eligible to reapply to become a Farmasi Influencer or to have any financial interest in any Farmasi business for six (6) months from the Company’s receipt of the written notice of termination.

      F. Following any termination under this Section 10.8, a Farmasi Influencer:

1. Shall have no right, title, claim or interest to any commission or bonus from the sales generated by the Farmasi Influencer’s former organization or any other payments in association with the Farmasi Influencer’s former independent business;
2. Thereby waives all claims to property rights or any interest in or to the Farmasi Influencer’s former downline organization; and
3. Shall receive commissions and bonuses only for the last full pay period in which he or she was active prior to termination, less any other amounts owed to the Company.

 10.9     Termination by the Company

1. The Company reserves the right to terminate a Farmasi Influencer’s Agreement for the following reasons:

• Breach of any terms or conditions of the Farmasi Influencer Agreement including any provision in these Policies and Procedures or in the Compensation Plan
• Breach of any applicable law or regulation applicable to the conduct of the Farmasi Influencer’s Farmasi business
• Engaging in unethical business practices, including breaching Farmasi’s Code of Ethics, or breaching standards of fair dealing; or
• Returning over [£1.000] worth of products, services and/or sales tools for a refund within a twelve (12) month period.

2. Farmasi will notify the Farmasi Influencer in writing at the last known address of the intent to terminate the Farmasi Influencer’s business and the reasons for termination. The Farmasi Influencer will then have seven (7) calendar days from the date of such notice to appeal the termination in writing. Farmasi must receive the Farmasi Influencer’s written appeal within seven (7) calendar days of the date of the termination letter. If the written appeal is not received within this time, the termination take effect upon the expiry of that period and will be considered final.

 

3. If the Farmasi Influencer does file a timely appeal against the intended termination, the Company will review its decision, along with any other information it may deem relevant, reconsider any other appropriate action, and notify the Farmasi Influencer of its decision. The decision of the Company is then considered final and not subject to further review.

4. If the termination is not rescinded, the termination will be effective as of the date of expiry of the 7 calendar days period under the original termination notice issued by the Company. The former Farmasi Influencer shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any Farmasi products or services. The Company will notify the active Upline Sponsor of the termination, and the organization of the terminated Farmasi Influencer will “roll up” to the active Upline Sponsor on record.

5. The Farmasi Influencer who is terminated by the Company may not reapply to become a Farmasi Influencer, either under the present name or any other name or entity, without the express written consent of an officer of Farmasi. In any event, such Farmasi Influencer may not re-apply for twelve (12) months from the date of termination.
6. If the Company terminates this Agreement the Farmasi Influencer may return to the Company any products which the Farmasi Influencer has purchased under the Company’s trading scheme within 90 days prior to such termination and which remain unsold for a full refund of the price (inclusive of VAT) which the Farmasi Influencer has paid for them together with any costs incurred by the Farmasi Influencer for returning the products to the Company.
7. In the event of the termination of this Agreement by the Company under this section 10.9, in order to recover monies paid for products the Farmasi Influencer must deliver the products to the Company within 21 days of such termination to the Company's address referred to in section 10.8(A). The Company will bear the cost of such delivery. The purchase price is payable to the Farmasi Influencer on delivery of the products, or forthwith if the products are already held by the Company.

10.10          Certain Consequences of Termination

A.         If this Agreement is terminated for any reason the Farmasi Influencer will have the right to be released from all future contractual liabilities towards the Company in relation to this trading scheme, except:

1. 1. liabilities relating to payments made to the Farmasi Influencer under contracts which the Farmasi Influencer has made as agent for the Company (if any); and
   2. any liability to pay the price of products or services already supplied to the Farmasi Influencer by the Company where the Farmasi Influencer has not returned such products to the Company in accordance with section 10.8 or 10.9 (as applicable); and

(iii)       those provisions of the Agreement which relate to competition with the business of the Company after termination of this Agreement and which shall remain in force after the date of termination.

2. On termination of this Agreement for whatever reason the Farmasi Influencer shall be entitled to retain any commission paid to the Farmasi Influencer in accordance with this Agreement unless:
   2. the commission was paid in respect of products returned to the Company (or products returned to another Farmasi Influencer who paid the commission);
   3. the Company has refunded any monies due to the Farmasi Influencer in accordance with sections 10.8 and 10.9 above (as applicable); and
   4. repayment of the commission is claimed within 120 days of the date of having been made,

in which case the Farmasi Influencer shall repay such commission to the Company forthwith on demand or the Company may set-off the amount of such commission against any other amounts due from it to the Farmasi Influencer.

 11.0     DISCIPLINARY SANCTIONS

11.1     Imposition of Disciplinary Action - Purpose

It is the spirit of Farmasi that integrity and fairness should pervade its sales force, thereby providing an equal opportunity for all Farmasi Influencers to build a successful business. Therefore, We reserve the right to impose disciplinary sanctions at any time, when We determine that a Farmasi Influencer has breached the Agreement, including any of these Policies and Procedures or the Compensation Plan, as may be amended from time to time by the Company.

 11.2     Consequences and Remedies of Breach

Disciplinary actions may include one or more of the following:

• Monitoring a Farmasi Influencer’s conduct over a specified period to assure compliance
• Issuance of a written warning or requiring the Farmasi Influencer to take immediate corrective action
• Imposition of a fine (which may be imposed immediately or imposed by way of withholding from future commission payments) or the withholding of commission payments (“Commission Hold”) until the matter causing the Commission Hold is resolved or until the Company receives adequate additional assurances from the Farmasi Influencer to ensure future compliance.
• Suspension from participation in Company or Farmasi Influencer-related events, rewards, or recognition
• Suspension of the Farmasi Influencer Agreement and your business for one or more pay periods
• Termination of the Farmasi Influencer Agreement
• Any other measure which We deem feasible and appropriate to justly resolve injuries caused by the Farmasi Influencer’s breach, or
• Legal proceedings for damages and/or equitable relief.

 12.0     DISPUTE RESOLUTION

12.1     Grievances

If a Farmasi Influencer has a grievance or complaint against another Farmasi Influencer regarding any practice or conduct relating to their respective Farmasi businesses, the Farmasi Influencer is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the Company’s Compliance Department as outlined below.

1. Farmasi will confine its involvement to disputes regarding Farmasi business matters only. We will not decide issues that involve personality conflicts or unprofessional conduct by or between Farmasi Influencers outside the context of Company business. These issues go beyond the scope of the Company and may not be used to justify a Sponsor, placement change or transfer.
2. Farmasi does not consider, enforce, or mediate third party agreements between Farmasi Influencers, nor does it provide names, funding, or advice for obtaining outside legal counsel.

  Process for Grievances:

A Farmasi Influencer should submit an email directly to the Company’s Compliance Department. The letter shall set out the details of the incident as follows:

1. The nature of the breach or otherwise the subject matter of the complaint and specific facts to support such allegations
2. Dates and the number of occurrences
3. Persons involved; and
4. Any other supporting documentation.

Upon receipt of the written complaint, the Company will conduct a general investigation.

 The Company will make a final decision and timely notify the Farmasi Influencers involved.

12.2     Damages

In any case which arises from or relates to the wrongful termination of the Farmasi Influencer Agreement, the Company and Farmasi Influencer agree that damages will be extremely difficult to ascertain. Therefore, the Company and Farmasi Influencer stipulate that if the termination of the Farmasi Influencer Agreement by the Company is determined by a court or arbitration panel to be wrongful under any theory of law, the Farmasi Influencer’s sole remedy shall be liquidated damages calculated as follows:

1. For a Farmasi Influencer at the “Paid As” rank of 18% or above (with the exception of paragraph II below), liquidated damages shall be in the amount of the gross compensation that he/she earned pursuant to the Farmasi Compensation Plan in the twelve (12) months immediately preceding the termination.
2. For a Farmasi Influencer at the “Paid As” rank of 22%, liquidated damages shall be in the amount of the gross compensation that he/she earned pursuant to the Farmasi Compensation Plan in the twenty-four (24) months immediately preceding the termination.

 In any action arising from or relating to the Agreement, the Farmasi Influencer’s Farmasi business, or any other aspect of the relationship between the Company and Farmasi Influencer, both parties waive all rights and claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The Company and Farmasi Influencer further waive all claims to exemplary and punitive damages.

 12.3     Severability

If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.

 12.4     Waiver

Only an officer of Farmasi can, in writing, effect a waiver of these Policies and Procedures. The Company’s waiver of any breach by a Farmasi Influencer shall not affect Our rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Farmasi Influencer.

The existence of any claim or cause of action of a Farmasi Influencer against the Company shall not constitute a defence to Our enforcement of any term or provision found in these Policies and Procedures.