NUVERUS USA INC. – Statement of Associate Policies and Procedures
Code of Ethics
As a Associate of NuVerus Corporation (hereinafter “NuVerus” or “the Company”) I hereby promise and agree that:
1. I will be honest and forthright in all my transactions while acting as an Associate of NuVerus, and will perform all activities in a manner that will enhance my reputation and the reputation of NuVerus.
2. I will not engage in any illegal or deceptive practice.
3. I will be courteous and respect the time and privacy of everyone I contact or solicit in the course of my NuVerus business. I recognize that the NuVerus policies anticipate and require the highest ethical conduct of NuVerus Associates in all their NuVerus business dealings.
4. I will fulfill my leadership responsibilities as a Sponsor, including training and providing support to the Associates in my organization. I understand that the people I sponsor will have an increased opportunity for success in NuVerus when they receive ongoing training and support.
5. I will make no income claims or representations regarding the NuVerus compensation plan, except those in NuVerus literature. I acknowledge that a NuVerus Associate’s success depends on many variables, such as amount of time and effort committed to his or her business and his or her skills and organizational ability.
6. I will make no claims for NuVerus products, services or its income opportunity except as published in official NuVerus literature. I understand that even my truthful reports of personal experience of benefits received from NuVerus products, services or its income opportunity may be interpreted as improper NuVerus claims if I use those experiences as a sales device.
7. I will faithfully honor the NuVerus 100 percent satisfaction, money-back guarantee when dealing with my retail customers.
8. I understand and agree that I am solely responsible for all financial and legal obligations incurred by me in the course of my business as an Associate of NuVerus products and services, including self-employment taxes, income taxes, sales taxes, license fees, etc. I understand that I am an independent contractor for all federal and state tax purposes.
9. I will compete aggressively but fairly, and I will respect the participants of other network marketing opportunities. I will not solicit from the member lists or customer lists of other network marketing companies, nor focus sales or recruiting efforts solely on the customers or members of any other single company. I will not use sales materials that are regarded as proprietary by other companies.
Operational Policies and Procedures
1. Becoming an Associate. An applicant becomes an Associate of NuVerus when both of the following requirements are completed:
a. The applicant purchases at Company cost of $49.95, a NuVerus Associate Kit of sales materials (not for resale); and training materials. This $49 kit also includes a full year of access to: Personalized NuVerus.com website, Online Associate Management Office, Training, NuVerus Support, eligible to earn Income via the NuVerus Prosperity Plan, and access to Wholesale Pricing. The yearly renewal for continued access to these services is $29.95 which will be billed along with the monthly autoship in the month of the yearly anniversary.
b. The applicant’s completed application with payment of the $49.95 NuVerus Associate Kit fee has been received and accepted by the NuVerus corporate office.
NuVerus reserves the right to decline any Associate Application, including the application of any person who has had a financial interest of any kind in any NuVerus Associate ship under a different enroller in the preceding six months.
2. Legal age. Associates must be of legal age in the state or province of their residence.
3. Associate rights. All Associates are authorized to sell NuVerus products and services, and to participate in the NuVerus compensation plan. All Associates may enroll new Associates and Customers.
4. No purchase required. No person is required to purchase any NuVerus products or services. The only purchase required of new Associates is the purchase of a NuVerus Associate Kit. The kit is sold at Company cost to support the efforts of each new Associate with training tools, sales tools and product and income opportunity brochures. In the event Associate makes optional purchases of products, Associate is responsible for payment of product orders. In the event Associate does not complete payment for product, or Associate issues a merchant ‘Chargeback’ for product that was purchased by credit card or e-check draft, Associate account may be terminated by company.
5. Married couples. Married couples who both wish to participate must share a single Associate account. Associates who marry must maintain separate Associate status, unless one is the direct sponsor of the other, or they have the same sponsor, in which case their Associate accounts may be consolidated. When a couple sharing a Associate account divorces or separates, NuVerus will continue to pay commissions and bonuses as before the divorce or separation until it receives written notice, signed by both parties or by a court decree specifying how future commissions and bonuses should be paid.
6. Simultaneous interests. Associates and their spouses or dependents may not have a financial interest in more than one Associate account without the written consent of NuVerus. For example, neither a shareholder of a corporation that is a NuVerus Associate, nor a partner of a partnership that is a NuVerus Associate may become an NuVerus Associate individually.
7. Corporate, partnership and trust documents required. Corporations, Partnerships and Trusts may apply to become Associates of NuVerus only when the Associate Application and Agreement is accompanied by copies of:
a) Articles of incorporation, partnership agreement or trust documents as filed with the State.
b) Corporate applicants must disclose a complete list of all directors, officers, and shareholders involved in the corporation. Partnerships must disclose all general and limited partners. Trusts must disclose the trustee and beneficiary.
c) Proof must be provided of a Federal ID Number and a copy of the Annual Certification from the Secretary of State of the State of Trust, Partnership Registration or Incorporation.
d) Shareholders, partners, beneficiaries and trustees, directors and officers, as applicable, agree to remain personally liable to NuVerus and bound by its rules and regulations.
8. Fictitious and assumed names prohibited. A person or entity may not apply as a Associate using a fictitious or assumed name.
9. Independent Contractor status. All Associates are independent contractors with NuVerus, and not franchisees, joint ventures, partners, employees, or agents of NuVerus. Associates are strictly prohibited from stating or implying, whether orally or in writing, that they are franchisees, joint ventures, partners, employees, or agents of NuVerus. Associates may not bind NuVerus to any obligation. No Associate may act as a collection agent for NuVerus purchases by another Associate. Associates are not authorized and are prohibited from soliciting, enticing, or accepting money for another associate as payment for an order to NuVerus.
10. Annual Renewal. All Associates must renew their Associate account annually. The annual renewal fee is due on the anniversary of an Associate’s application to NuVerus. This renewal includes a full year of access to: Personalized NuVerus.com website, Online Associate Management Office, Training, NuVerus Support, eligible to earn Income via the NuVerus Prosperity Plan, and access to Wholesale Pricing. The yearly renewal for continued access to these services is $29.95 which will be billed along with the monthly autoship in the month of the yearly anniversary. Any Associate not renewing by the renewal date shall be deemed to have voluntarily terminated their Associate account, and thereby forfeited the Associate account, all sponsorship rights, position earned, and any future compensation.
11. Indemnity. Associates agree to indemnify and hold harmless NuVerus, its shareholders, employees, agents, and successors in interest from and against any claim, demand, liability, loss, cost, or expense, including, but not limited to, attorney’s fees arising or alleged to arise in connection with the Associate account, and any matter related to the Associate’s performance under the Associate Agreement.
12. Taxes. Associates will be treated as independent contractors for all federal or state tax purposes. As independent contractors, Associates will not be treated as employees, franchisees, joint ventures, partners, or agents with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Tax Act, state unemployment acts, or any other federal, state, or local statue, ordinance, rule, or regulation.
13. Legal compliance. All Associates shall comply with all federal and state statutes and regulations and local ordinances and regulations concerning the operation of their businesses. All Associates are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes. At the end of each calendar year, NuVerus will issue an IRS Form 1099-MISC for non-employee compensation for Associates as required by law.
14. Associate identification number. All Associates will be required to provide a Social Security number or Federal ID number, and NuVerus will use this number until such time as a Associate identification number is assigned and for all government reporting purposes. While respecting the rights of the “un-numbered,” NuVerus chooses, as a right of contract, to only enter into agreements with those who are willing to provide a taxpayer identification number. The Associate identification number must be indicated by the Associate on all correspondence with NuVerus, including paperwork for enrolling, product ordering, etc.
15. Other products and services. Associates are not restricted from selling the products and services of other companies. However, promotion of products, services or income opportunities of other direct selling companies, to NuVerus customers or Associates, is strictly prohibited. Any Associate found in violation of this rule risks suspension or termination of their Associate account.
16. No exclusive territories. There are no exclusive territories for marketing or enrolling purposes, nor shall any Associate imply or state that he or she does have an exclusive territory. There are no geographical limitations (within the U.S. and its possessions) on Associate enrolling.
17. Enrolling not compensated. NuVerus Associates may enroll other Associates into the NuVerus program. However, Associates are compensated only on product sales volume, and never for enrolling additional participants into the program.
18. Multiple applications. If one applicant submits multiple Applications, only the first completed form to be received by NuVerus will be accepted. NuVerus reserves the right to resolve such disputes.
19. Obligations of Enrollers. Associates who choose to enroll are required to assure the adequate training of their enrolled Associates. “Adequate training” includes (but is not limited to) education regarding NuVerus rules and regulations, compensation plan, product information, sound business practices, sales strategies, and ethical behavior. An enroller must maintain an ongoing, professional leadership association with Associates in his/her organization and must fulfill the obligation of performing as a bona fide sales mentor or sales trainer in the sale or delivery of products to the ultimate consumer. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to NuVerus training, and sharing genealogy information with those enrolled. Associates should be able to provide evidence to NuVerus upon request of ongoing fulfillment of enroller responsibilities.
20. Transferring sponsorship. A transfer request, without group, will be considered with the notarized signatures of consent from the five immediate uplines. A transfer request, with group, will be considered with the notarized signatures of consent from the five immediate uplines, and the notarized signatures of consent of each downline wishing to be included in the transfer. All transfers of sponsorship require the final approval of NuVerus, whose decision will take into account the overall good of the NuVerus organization. An administrative fee may be charged for changing the corporate records.
21. Voluntary termination. An Associate may voluntarily terminate his or her Associate account by failing to renew when applicable or upon written notice to NuVerus. Voluntary termination is effective upon receipt of such notice by NuVerus at its home office. An Associate who terminates his or her Associate account may reapply after waiting six months from termination.
22. Involuntary Termination or Suspension. An Associate may be involuntarily suspended or terminated by NuVerus for violating any of the terms of this Agreement or the provisions of any applicable laws. In ordinary cases, the Company will comply with the following procedures before taking such action:
a. Complaint(s) by one Associate against another Associate regarding any alleged violation(s) will be accepted only if sent to the NuVerus home office in writing signed in ink. No phone or email complaints will be accepted.
b. Normally, the first determination by the Company that an Associate has committed a violation of the policies or procedures will result in a warning by telephone call to the Associate. The occurrence and substance of this phone call will be documented and kept in Company records.
c. A second violation will result in a written reprimand or disciplinary letter to be delivered by email and certified mail or courier to the violating Associate. Such disciplinary action may include partial or temporary suspension of commissions.
d. Upon a third violation, the Company may terminate the Associate. Notification of such proposed action will be made via certified mail or courier to the Associate citing evidence of the violations. Should no response be provided by the Associate within 15 days from the date of the notification letter, the termination will, upon Company decision, become final.
e. In any situation where the Associate has committed a violation that results in notification, complaint, or demand from state or federal regulatory authorities (e.g. FTC, FDA, or AG) the Company reserves the right and option to omit the foregoing procedure and to immediately terminate the Associate upon even a first violation.
f. The terminated Associate must immediately cease representing himself/herself as an Associate, and will be barred from reapplying as a Associate with NuVerus for one year. Where applicable state law on termination of a Associate is inconsistent with Company policy, such state law shall govern.
23. Appeals An involuntarily terminated Associate may appeal the termination by submitting a letter of appeal, stating the grounds of the appeal. This letter must be sent U. S. Mail or private delivery service RETURN RECEIPT REQUESTED and must be received by NuVerus within 15 days of the date of mailing of the Company’s initial termination notice. If the Company has not received a letter of appeal by that deadline, the involuntary termination shall automatically become final.
If an Associate files a timely appeal, NuVerus will, in its sole discretion, review and reconsider the termination and notify the Associate of its decision. The decision of the Company shall be final and subject to no further review. If the appeal is denied, the termination shall remain in effect as of the date of the Company’s original termination notice.
24. Effect of suspension. Should NuVerus deem it necessary to suspend an Associate, such suspension could mean that the Associate may not have the right to represent themselves as a Associate of NuVerus and that any commissions, royalty overrides, or bonuses due will be held by NuVerus pending resolution. At the discretion of the Company, products and services may be purchased by a suspended Associate at wholesale. However, should termination result, product and services may be purchased only from another NuVerus Associate.
25. Effect of termination. In the event an Associate is terminated, effective with such termination the Associate can no longer sell NuVerus products and services, or enroll other Associates. The Associate also loses all rights to commissions, bonuses, and all other benefits.
26. Limits on transferability or sale An Associate may sell, assign, or transfer his or her Associate account to a non-NuVerus Associate, but first must grant the immediate sponsor a right of first refusal. No sale, assignment, or transfer of any Associate account shall be effective without the prior written approval of NuVerus whose approval will not be unreasonably withheld. If it is determined in the Company’s sole discretion that the Associate account was transferred in an effort to circumvent compliance with this Agreement, the transfer shall be declared null and void, and the Associate entity shall revert back to the transferring Associate, who shall be treated as if the transfer had never occurred from the reversion day forward. An administrative fee may be charged for changing the corporate records.
27. Vendor relationships. No Associate shall contact, directly or indirectly, or speak to or communicate with any representative of any supplier or manufacturer of NuVerus, except as arranged by NuVerus. Violation of this rule may result in termination of Associate benefits and possible claims for damages if the vendor relationship is compromised by the Associate contact.
28. Confidentiality Agreement. Information contained in any genealogy or downline report provided to an Associate by NuVerus is proprietary and confidential to NuVerus, and is transmitted to the Associate in strictest confidence. The Associate agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information to compete with NuVerus or for any purpose other than promoting the NuVerus income opportunity. The Associate and NuVerus agree that, but for this agreement of confidentiality and non-disclosure, NuVerus would not provide the information to the Associate. Any Associate who is found to be in violation of this rule risks suspension or termination. NuVerus reserves the right to seek damages to the fullest extent of the law.
29. Succession. Upon the death of a Associate, the Associate account shall pass by will or interstate succession, as provided by law. NuVerus will require the successor in interest to sign and be bound by the then current Associate Agreement. The successor shall then be entitled to all the rights and subject to all the obligations, just as any other NuVerus Associate.
30. Trademarks. The name NuVerus and the names of all NuVerus products and services are the registered or unregistered trademarks of and owned by NuVerus. Only NuVerus is authorized to produce and market products and literature under these trademarks. Use of the NuVerus name on any item not produced or authorized by NuVerus is prohibited.
31. Imprinted checks. NuVerus Associates are not permitted to use the NuVerus trade name or any of its trademarks on their business or personal checking accounts. However, Associates may imprint their NuVerus business checks as being an “Independent Associate of NuVerus”.
32. Yellow and white page listing. Associates are not permitted to use the NuVerus trade name or trademarks in advertising their telephone or fax numbers in the white or yellow page sections of the telephone book.
33. Imprinted business cards or letterheads. NuVerus Associates are not permitted to incorporate into their own business card or letterhead graphics any NuVerus trade name or trademarks. Only the approved NuVerus graphics version and wording are permitted, and letterhead must be ordered either from NuVerus directly or from a NuVerus approved source.
34. Company literature. Only official NuVerus literature may be used in presenting NuVerus products, services and the NuVerus income opportunity. Company literature may not be duplicated or reprinted without prior written permission from NuVerus. All promotional material of any nature, including electronic, must be approved in advance and in writing by NuVerus.
35. Media interviews. Associates are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize NuVerus, its products, services or their individual NuVerus business except with the express, written approval of NuVerus. All media contacts and inquiries must be coordinated through the approval and representation of a NuVerus Corporate Representative.
36. Internet and web site policy.
a) No Associate may independently design or publish a web site that uses the names, logos, or product descriptions of NuVerus without written permission from NuVerus.
b) No Associate may use “blind” ads on the Internet making product or income opportunity representations that are or may be associated with NuVerus.
c) No Associate may under any circumstance use the Internet for the purpose of indiscriminate “bulk” or unsolicited mailing, generally known as “spamming.”
d) No Associate may violate any local, state, or federal laws regarding the Internet or any generally accepted ethical codes of Internet conduct.
37. Independent communications. Associates, as independent contractors, are encouraged to distribute information and direction to their respective downlines. NuVerus encourages the use of newsletters, training workshops, and other organizational programs. Associates must identify their personal communications as such, and not give the impression that such communications are the official communications of NuVerus.
38. Associate training. Associates are responsible for providing training to the Associates they enroll. Training assistance is provided in the NuVerus Associate Kit materials. Also, each Associate receives periodic NuVerus publications that includes ongoing training and product and services information. Further, Associates may attend local and regional training workshops for Associates, and participate in NuVerus-originated national training conference calls.
39. Endorsements. No endorsements of any kind, including by NuVerus officers, may be alleged, except as expressly communicated in NuVerus literature or approved in writing.
40. Copying prohibited. Associates shall not copy for sale or personal use audio or video taped material detailing the NuVerus income opportunity or product or service presentations, events, or speeches, including conference calls without written permission from NuVerus. NuVerus may seek injunctive relief or damages from the violator for the unauthorized use of NuVerus copyrights, trademarks, and materials. Video or audio taping of NuVerus meetings and conferences is strictly prohibited. Still photography is allowable at the discretion of the meeting host.
41. Telephone answering. Associates may not answer the telephone by saying “NuVerus,” or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of NuVerus.
42. Repackaging and relabeling prohibited. Associates may not repackage or relabel any NuVerus products, services or materials in any way.
43. Associate Application and Agreement. Commissions and Overrides cannot be paid until a completed Associate Application and Agreement has been received and accepted by NuVerus. Commissions are paid ONLY on the sale of NuVerus products and services. No commissions are paid on the purchase of an Associate Kit, which is sold at Company cost.
44. Calendar period. Commissions, overrides, and achievement awards and recognition are calculated on a calendar month basis.
Commission and override payment date. Commissions are paid weekly on or about Tuesday of each proceeding week running from Tuesday at 12:00 am to Monday at 11:59 pm.
Minimum amount for payment of Commission and Override checks: $4.00
Check processing fees: $4.00 for hardcopy checks; no charge for electronic payments.
45. Commission payments. Consult the compensation plan.
46. Stockpiling prohibited. The NuVerus program depends on, and requires, retail sales to the ultimate consumer; therefore, all forms of stockpiling or product loading are discouraged. NuVerus recognizes that Associates may wish to purchase certain products in reasonable amounts for their own use and for availability to new Associates as they are enrolled. However, NuVerus strictly prohibits the purchase of products in unreasonable amounts solely in an attempt to qualify for advancement in the compensation plan.
47. Sales volume qualification by order taking. The Company has adopted minimum personal and group business volume requirements for Certain levels of Associates. This is an optional requirement for Associates seeking higher levels in the compensation plan. Minimum business volume requirements may also be fulfilled by taking orders from retail customers which will be fulfilled by the Company directly shipping to the retail customer.
48. Shipping costs. Associates have the responsibility to indicate (a) method and means of shipping and (b) destination address. The methods available are stated on each order form and the prepaid costs, if selected, can be calculated by the shipping and handling cost information also provided. NOTE: Should the receiving party of any order shipped from NuVerus refuse delivery and the shipment be returned to NuVerus, the ordering Associate’s status will be made “inactive” pending resolution of the delivery refusal. Non-accepted delivery charges will be debited to the Associate’s account.
49. Damaged and/or Lost Orders
Damaged Orders: The shipping company is responsible for any damage that occurs after it takes physical custody of the goods. NuVerus does not guarantee reimbursement or replacement of product damaged by a shipping company. NuVerus will assist Associates with filing a damage claim and replacing product in the event the Associate accomplishes the following:
a) Associate/Customer has accepted delivery.
b) Associate/Customer takes pictures of the damaged product and the box.
c) Associate/Customer saves the damaged product and box in the event NuVerus requests it to be sent for inspection.
d) The Associate/Customer must contact Customer Service within 14 days of acceptance of product by delivery service.
e) Associate/Customer must email the Order ID#, 7 digit ID#, along with pictures within 14 days of verified delivery date.
Lost Orders: The shipping company is responsible for any orders that are not delivered. NuVerus does not guarantee reimbursement or replacement of product lost or not delivered by a shipping company. NuVerus will assist Associates with filing a claim and replacing product in the event the Associate accomplishes the following:
a) Associate/Customer Order Tracking # shows that product was delivered to the address provided.
b) The Associate/Customer must contact Customer Service within 14 days of the date tracking shows as delivered.
e) Associate/Customer must provide the Order ID#, and 7 digit ID#.
50. Receipts and suggested retail pricing. NuVerus will provide all retail purchasers of NuVerus products with written receipts. Although NuVerus provides a suggested retail price as a guideline, Associates may sell NuVerus products at whatever retail price they choose.
51. Sales tax. For purchases made from the Company, NuVerus collects and remits applicable state tax which may be due on the suggested selling price of those products and/or materials which are subject to tax. The applicable rate of tax due is based on the address to which the product and/or materials is shipped. Associates who request a tax-exempt purchase for resale from NuVerus (not permitted in all states) must provide the Company with a copy of their valid and current resale exemption certificate showing a resale tax number. This number must appear on all orders placed with NuVerus. The Associate must then collect the tax from his/her retail customer and remit it to the proper state and local taxing authority. All Associates must pay tax to the Company on their personal purchases made for personal use and consumption. As an Associate you agree to abide by the rules and procedures as set forth in the sales tax collection agreements that the Company may enter into with the various states and local jurisdictions.
52. Retail outlets. NuVerus products may not be sold to or in, or be displayed by any retail outlet, including, but not limited to, flea markets or swap meets, shopping mall booths or restaurants. Exceptions require prior written approval.
53. Service oriented establishments. It is permissible to take orders for NuVerus products and services in businesses such as professional services offices, “by appointment” establishments or similar non-retail establishments.
54. Price changes. All NuVerus product and literature prices are subject to change without notice.
55. Refunds & Returns:
Retail & Preferred Customers who purchase products directly from NuVerus are entitled to a 90% refund (within 90 days of purchase) on returned unopened and re-sellable NuVerus Products. Refunds must be requested in writing to the NuVerus Office, by confirmed US Mail, by confirmed fax, or by confirmed email.
NOTE: Every NuVerus Associate must honor this guarantee if they make a hand to hand sale to a customer. Every NuVerus Associate must also explain the Refund Policy to their Customers.
Refunds will be accepted on any unused, unopened, and resalable products, within 180 days of purchase date. Net refunds are based on paid out bonuses deducted, and other administration fees in connect with the Refund Transaction. Non PV items, including but not limited to Internet Membership, marketing and sales material, and promotional items are not refundable.
Marketing & Business Management Materials:
NuVerus does not issue returns on Internet Membership, Marketing Materials, Promotional Materials, and Tools.
NuVerus will replace, within 90 days of purchase, any product found to be defective. However, no product should be returned to NuVerus before prior approval is received. Send request for replacement of defective product in writing to the USA NuVerus Office.
All Refunds and Returns must meet the following:
a) A written Refund or Return request must be submitted, stating the reason for the request and accompanied by proof of payment and a copy of the purchase order form or packing slip.
b) Associate or Customer returning product must obtain an RMA# from NuVerus, and then place the RMA# on the box in clear vision.
c) NuVerus will instruct the Associate or Customer where to ship the product for Refund or Return, and will also provide the appropriate quantity of authorized product return. Upon receipt and verification of the product, NuVerus will refund or ship replacement product as appropriate.
d) Returning Associate or Customer is responsible for shipping costs or to hand deliver the NuVerus product to the Associate Office or the Stockist Store of original distribution as instructed by NuVerus.
NOTE: Any return received without prior approval will be rejected.
56. Buyer’s right to cancel. Federal law empowers a buyer to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25 or more that occur away from the seller’s main office. The NuVerus Sales Order form contains all legally required notices. It must be signed by the buyer and two copies must be given to the buyer on every sale. In addition, the Associate must orally inform the buyer of the three-day right to cancel at the time the buyer signs the contract of sale or purchases the goods. With regard to products, in all cases where the customer, at his or her sole discretion, deems the Retail Customer Returns policy, stated above, more favorable, that policy shall apply and override this policy. With regard to services, at the end of the three day period as stated herein, all sales of services are final and non-returnable.
57. Associate’s responsibility. If a retail customer mails or delivers to a Associate a valid notice of cancellation prior to midnight on the third business day after ordering or purchasing the program, service, and/or product, it must be honored by the Associate. If the buyer has taken delivery of any goods, they must be returned with the notice in substantially as good condition as when delivered. With regard to services, the shrink-wrapped materials describing and explaining the services must be returned unopened. Within ten business days after receiving the notice, the Associate must refund all payments made under the contract of sale.
58. Liability. To the extent permitted by law, NuVerus shall not be liable for and Associate releases NuVerus from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by Associate as a result of (a) the breach by Associate of this Agreement, (b) the operation of Associate’s business, (c) any incorrect or wrong data or information provided by Associate, or (d) the failure to provide any information or data necessary for NuVerus to operate its business, including without limitation, the enrollment and acceptance of Associate into the income opportunity or the payment of commissions and bonuses.
59. Record-keeping. NuVerus encourages all its Associates to keep complete and accurate records of all their business dealings. A recommended publication is the Retail Industry ATG – Chapter 3 – Examination Techniques for Specific Industries (Direct Sellers), available from the IRS web site.
60. Income claims. No income claims, representations, or projections may be made to prospective Associates. Obviously, any false, deceptive or misleading claims regarding the opportunity or product/service are prohibited. Associates occasionally represent hypothetical income figures based upon the power of network marketing as actual income projections. This is counter-productive, and prohibited, since new Associates may be quickly disappointed if their results are not as rapid as the hypothetical model.
61. Governmental endorsement. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Associates may not represent or imply, directly or indirectly, that the NuVerus program has been approved or endorsed by any governmental agency.
62. Amendments. NuVerus reserves the right to amend this Agreement, its prices, product availability, and compensation plan as it deems appropriate. Amendments will be communicated to all Associates through NuVerus publications. Amendments are effective and binding on all Associates as of the date of their publication.
63. Non-waiver provision. No failure of NuVerus to exercise any power under this Agreement or to insist upon strict compliance by a Associate with any obligation or provision herein, and no custom or practice of the parties at variance with this Agreement, shall constitute a waiver of the Company’s right to demand exact compliance with this Agreement. Waiver by the Company can only be made in writing by an authorized officer of the Company.
The Company’s waiver of any particular default by a Associate shall not affect or impair the Company’s rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Associate.
64. Severability. If any provision of this Agreement, including these rules and regulations, or any specification or operating procedure which NuVerus has prescribed is held to be invalid or unenforceable under law or rule of any applicable jurisdiction, NuVerus shall have the right to modify the invalid or unenforceable provision to the extent necessary to render it valid and enforceable. The Associate shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
65. Jurisdiction. All disputes and claims relating to this Agreement, the NuVerus compensation plan, its products, the rights and obligations of a Associate and NuVerus, or any other claims or causes of action relating to the performance of this Agreement by either party, shall be governed by the laws of Florida and shall be adjudicated totally and finally in Miami, Florida, or such other location as NuVerus prescribes. Louisiana residents only: In the event of a dispute for jurisdictional purposes, a Louisiana resident Associate shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law.
66. Limitation of damages. To the extent permitted by law, NuVerus and its affiliates, officers, directors, employees, and other representatives shall not be liable for, and the Associate hereby releases the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to NuVerus performance, non-performance, act, or omission with respect to the business relationship or other matters between the Associate and NuVerus whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage to the Associate shall not exceed, and is hereby expressly limited to, the amount of unsold NuVerus products and services owned or held by the Associate and commissions owing.