NUI SOCIAL POLICIES & PROCEDURES
Nui Social is a social membership network that provides marketing for mobile apps, products and services. Your success and the success of your fellow Members is dependent upon your collective integrity. Nui Social has established these Nui Social Member Policies and Procedures to clearly define the relationship that exists between Members and Nui Social, and to set clear standards for acceptable business conduct.
All Members of Nui Social are required to read and abide by this Policies and Procedures Manual. A copy of this document is available on the Nui Social, Inc. website at Nui.Social. This document contains legally binding policies and procedures that must be followed to: 1) establish a Nui Social Member account; 2) participate and earn income in Nui Social Rank & Share, MAPS, or other programs; 3) enroll new Nui Social Members; 4) manage a Nui Social Member acount; and 6) maintain a Nui Social Member account in good standing. These Policies and Procedures are subject to change at anytime without notice.
1. SETTING UP AND MAINTAINING YOUR MEMBER ACCOUNT
1.1. APPLYING TO BECOME AN MEMBER
- 1.1.1. You may apply to become a Member by completing the following steps:
- 184.108.40.206. Purchase the Nui Social app; no gift cards may be used to purchase an account or app. If any purchase is made with a gift card then Nui Social may terminate the account immediately,
- 220.127.116.11. Enrolling by telephone,
- 18.104.22.168. Enrolling online at Nui.Social,
- 22.214.171.124. Enrolling by completing, signing, and returning a Member Agreement to Nui Social by fax, mail, in person, or emailing a scanned copy of the Member Agreement.
1.2. ONE INDIVIDUAL PER MEMBER ACCOUNT
- 1.2.1. Only one individual may apply to become a Nui Social Member or submit a Member Agreement. If an individual desire to include a spouse or cohabitant on the Member Agreement, then the spouse or cohabitant may also be included on the Member Agreement. Except for the addition of spouses or co-habitants, if more than one person wants to participate as an Member on one Member Account, then the persons must apply as a Business Entity.
- 1.2.2. In no circumstance may an Independent Affiliate complete the sign-up process of another Independent Affiliate or Member. Every person who desires to become an Independent Affiliate or Member must complete the application individually
1.3. AGE REQUIREMENTS
- 1.3.1. You must be at least 18 years old to become a Member unless you qualify for the limited exception in Section 1.4 below.
- 1.4.1. If you are a minor who is at least 16 years old, you may become a Member if you submit a hard copy Member Agreement signed by you and by your parent or legal guardian. Your parent or legal guardian will be required to supervise your activities.
- 1.4.2. If your parent or legal guardian is a Member, then
- 126.96.36.199 your Member Account is considered a second account separate from your parent or legal guardian’s account;
- 188.8.131.52. your parent or legal guardian must be your Sponsor; and
- 184.108.40.206. your parent or legal guardian cannot have any Beneficial Interest in your Member Account.
1.5. COUNTRY OF LEGAL RESIDENCY
- 1.5.1. Your Member Agreement must be filed and maintained in the country where you are a legal resident or citizen and where you have a legal right to do the business. If you are unable to prove your legal residency, citizenship, or legal right to do business in the country where you have filed your Member Agreement, Nui Social may declare your Member Agreement void from its inception. You may only file to be a Member in an Authorized Country. 1 “Authorized Country” means a country in which Nui Social is authorized to do business. At the present time, Nui Social is authorized to do business in the following countries: [list].
- 1.5.2. We are not allowing enrollments from the following countries: Nigeria, Russia, Afghanistan, Albania, Bolivia, Bosnia, Cuba, DRC, Ethiopia, Iran, Iraq, Kenya, Kosovo, Lebanon, Liberia, Macedonia, Montenegro, North Korea, South Korea, Ivory Coast, Turkey, Ukraine, Vietnam, Yemen, Serbia, Somalia, South Sudan, Sudan, Syria.
1.6. FORMER MEMBERS
- 1.6.1. If you have been a Member you may only apply to become a new Member under your original Sponsor unless you meet the criteria in Section 3.3for signing up under a new Sponsor.
1.7. SPOUSES & COHABITANTS
- 1.7.1. If the spouse or Co-habitant of a Member wants to become a Member, the spouse or Cohabitant must be added to the Member Account previously formed by the other spouse or Cohabitant. If the spouse or Co-habitant of a former Member wants to become a Member, then the spouse or Co-habitant must apply to become an Member under the Sponsor of the spouse’s or Cohabitant’s former Member Account unless the applicable inactive period regarding Business Activity of the former Member has lapsed.
1.8. ACCEPTANCE OF YOUR MEMBER AGREEMENT
- 1.8.1. Nui Social reserves the right to reject any Member Agreement application in its sole discretion. You become a Member only after Nui Social processes and accepts your Member Agreement. If you submit more than one Member Agreement, the first agreement to be processed and accepted by Nui Social will determine who your [Sponsor] is.
1.9. TAX PAYER IDENTIFICATION NUMBER
- 1.9.1. You are required to provide Nui Social with your tax identification number, whether you are an individual, Business Entity or Business Entity owner of member. You will not be eligible to receive compensation until Nui Social can verify your tax identification number. This requirement applies to any individuals who sign or submit a Member Agreement. Each of the Business Entity’s owners or members must also provide a tax identification number. Nui Social may hold any compensation due on a Member Account until it verifies the Member’s (or Member’s owners’ or members’) tax identification number(s).
1.10. BUSINESS ENTITIES
- 1.10.1. A Business Entity may submit a Member Agreement. The Agreement must be signed by all the owners or members and comply with all the following requirements:
- 220.127.116.11. Each owner or member must be a citizen or legal resident and have the legal right to do business in the country where the Business Entity’s Member Agreement has been filed, and be able to provide proof of their status and right. If the Business Entity cannot provide proof upon Nui Social’s request, Nui Social may deny the Member Agreement and treat it as void from its inception;
- 18.104.22.168. Compensation to a Business Entity will be paid in the Business Entity’s name only. Nui Social is not liable to any Business Entity or its owners or members if the entity fails to allocate or pay any compensation among its owners or members;
- 22.214.171.124. One owner or member of each Business Entity must be designated as the primary agent of the entity, and Nui Social may rely and act on any information or representations made by that primary agent to Nui Social.
- 126.96.36.199. Any tax-exempt entity must also submit a copy of its IRS determination letter, tax exempt certificate, or other satisfactory evidence of its tax-exempt status.
1.11. CHANGING TO A BUSINESS ENTITY
- 1.11.1. An individual may change his or her individual Member Account to a Business Entity account at any time, subject to these Policies and Procedures. You must submit a new Member Account Agreement and indicate your desired conversion from an individual account to a Business Entity Member Account.
1.12. USE AND COLLECTION OF PERSONAL INFORMATION
- 1.12.1. Nui Social is aware of and responsive to your concerns regarding how information about you is collected, used and shared because of your becoming a Member. Nui Social respects, and is committed to protecting, the privacy of Members. Nui Social collects and holds certain personal information about you to provide you with support and benefits of being a Member, and communicating with you regarding your Member Account, promotional offers, compensation and other Member matters. All information submitted by you will be held by Nui Social at its corporate headquarters in the United States, its regional headquarters, and/or its local affiliated companies in your resident country. You have the right to access and verify your personal information by contacting Nui Social support.
- 1.12.2. You hereby authorize Nui Social to:
- 188.8.131.52. Transfer and disclose your personal and/or confidential information, which (a) you have provided to Nui Social regarding your Member Account and Team Building Structure, or (b) that has been developed because of your activity as a Member, to (i) its parent and affiliated
- 184.108.40.206. use your personal information for Member recognition and Nui Social’s marketing, business or other purposes and services unless you request in writing that Nui Social not do so.
1.13. MAINTAINING YOUR MEMBER ACCOUNT
- 1.13.1 KEEPING YOUR MEMBER AGREEMENT AND BUSINESS ENTITY FORM CURRENT
- 220.127.116.11. As a Member, it is your duty to keep the information contained in your Member Agreement or Business Entity Form current and accurate. You must immediately inform Nui Social of any changes affecting the accuracy of information contained in these documents. Nui Social may terminate a Member Account or declare a Member Agreement void from its inception if Nui Social determines you provided false or inaccurate information. If you fail to update your Member Agreement or Business Entity Form, Divve Social may suspend your account or take other disciplinary action, including termination.
- 18.104.22.168. You must submit a new Member Agreement or Business Entity Form with “Amended” written across the top to change your Member Account information. Any amended Member Agreement must be signed by you. A Business Entity’s amended Member Agreement must be signed by the Primary Participant of the Business Entity. An amended Business Entity Form must be signed by all Participants of the Business Entity. Nui Social may charge a fee for processing changes to the Member Agreement and Business Entity Form. Nui Social may refuse to accept any amendments.
- 1.13.2. ADDING A NEW OWNER OR MEMBER OF A BUSINESS ENTITY
- 22.214.171.124. You may not allow any person to engage in any business on your Member Account, or have a Beneficial Interest in your Member Account, unless your Member Account is an approved Business Entity Account and that person is an owner or member of the Business Entity. Nui Social may reject any application to add a new owner or member in its sole discretion. If Nui Social rejects the application, the person may not participate in the Member Account.
- 1.13.3. BECOMING A MEMBER UNDER A NEW SPONSOR
- 126.96.36.199. If you are a former Member, you may become a new Member under a new Sponsor only if you have not engaged in any Member activity, whether for yourself or another person or Member, for 12 months. If Nui Social determines that an inappropriate Sponsor change has occurred or has been solicited, any subsequent Member may be returned to and be merged with the prior Member and Nui Social may pursue any other remedies provided herein.
- 1.13.4. ONE MEMBER ACCOUNT PER INDIVIDUAL
- 188.8.131.52. You are not allowed to have a beneficial interest in more than one Member Account except in the following cases: (i) marriage of two Members who each had a Member Account prior to the marriage, (ii) inheritance of a Member Account by an existing Member, or (iii) as otherwise approved in writing by Nui Social on a case-by-case basis in its sole discretion.
- 184.108.40.206. If Nui Social discovers multiple accounts owned by the same Member, the Member will be allowed to keep the first account that was created and paid. Any additional accounts will be immediately terminated and no enrollment or downline transfers from the terminated account will be permitted. The terminated accouts may, at Nui Social’s discretion, revert to the Member’s Sponsor. Any missed or anticipate commission will likewise revert. Any commissions that were paid on the duplicate account(s) must be repaid to Nui Social, either directly, or by offset against future commissions until the amount is fully repaid. Requests for exceptions to this policy must be submitted in writing to the Nui Social Compliance Department. Nui Social may refuse any requests in its sole discretion.
- 220.127.116.11. MERGER OF MEMBER ACCOUNTS OR ACQUISITION OF BENEFICIAL INTEREST IN A MEMBER ACCOUNT
- 18.104.22.168. Occasionally, a Member wishes to form a partnership with another existing Member and merge the two Member Accounts or acquire a Beneficial Interest in a Member Account. Except as provided in this Section, the formation of a partnership between Members, the merger of Member Accounts, or the acquisition of a Beneficial Interest in a Member Account by a Member who has engaged in any business activity, is prohibited.
- 22.214.171.124. Acquisition of Beneficial Interest. Except for those circumstances that may be approved by Nui Social in its sole discretion, if you have engaged in any business activity, you may not, at any time, acquire a beneficial interest in a pre-existing Member Account under a different Sponsor (whether by purchase, merger, partnership, or otherwise) unless (i) you have terminated your Member Account and had no business activity for twelve (12) months, and (ii) the Member Agreement for the Member Account in which you want to acquire a Beneficial Interest was submitted to Nui Social after the applicable inactive period of twelve (12) months.
- 126.96.36.199. Merger. Nui Social may, in its sole discretion, consider mergers of Member Accounts in the following limited cases: (a) vertical mergers with (i) your immediate upline Sponsor, or (ii) a Member that is on your first level; (b) horizontal mergers with another Member Account, provided that (i) only one of the Member Accounts is an [rank] or above, and the other Member Account is not a [rank], and (ii) both Member Accounts have the same upline Sponsor; and (c) any other merger as may be approved by Nui Social in its sole discretion.
- 188.8.131.52. Company Review and Additional Requirements. In any case involving the proposed formation of a partnership, mergers, or acquisitions of a beneficial interest, Nui Social will, in its sole discretion, decide whether to approve a requested exception to these Policies and Procedures. During its review Nui Social may impose additional requirements that it deems necessary, including upline notifications and/or approvals.
1.14. CERTAIN TRANSFERS AND TERMINATION OF YOUR MEMBER ACCOUNT
- 1.14.1. TRANSFER OF MEMBER ACCOUNT
- 184.108.40.206. You may not transfer your Member Account or any associated rights without the prior written consent of Nui Social, which will not be unreasonably withheld. Nui Social may deny consent to any proposed transfer if it determines that the proposed transfer is being done for an improper purpose or to avoid the requirements of these Policies and Procedures. Nui Social will not recognize any assignment (and will hold any compensation due on the assigned Member Account) until it has approved a proposed transfer. Any exceptions and waivers by Nui Social for the benefit of a Member Account will terminate upon the transfer unless otherwise agreed to in writing by Nui Social.
- 220.127.116.11. Selling or Transferring Accounts. An affiliate may transfer or sell their account at their desired price. A transfer form must be notarized and signed by both buyer and seller, submitted to Nui Social with a $50 processing fee, and approve by Nui Social. The buyer may not be an existing Nui Social Member. A downloadable transfer form is available in the Affiliate back office.
- 1.14.2. TRANSFERS UPON DEATH
- 18.104.22.168. For Individuals. Upon your death, your Member Account may be transferred to your heirs or other beneficiaries by will, intestate succession, or other applicable law. Nui Social will recognize the transfer when it receives, processes and approves a court order or other proper legal documents addressing the transfer to a qualified transferee. It is your sole responsibility to make appropriate arrangements with legal counsel of your choice for the transfer of your Member Account upon death.
- 22.214.171.124. For Business Entities. For Business Entity Members, the interests of the entity’s owners or members upon death will be transferred according to the Business Entity’s legal documents and applicable law governing the transfer, subject to compliance by any transferees with these Policies and Procedures. Nui Social will recognize the transfer when it receives, processes and approves a court order or other proper legal documents addressing the transfer to a qualified transferee, if applicable.
- 126.96.36.199. If a Member Account is temporarily without an owner due to probate or other court proceedings, an upline Member may be responsible for operating the Member Account. As payment for said Member’s services, that Member will be entitled to twenty percent (20%) of all compensation due to the absent Member until Nui Social recognizes and approves a completed transfer and transferee.
- 1.14.3. TRANSFER UPON DIVORCE
- 188.8.131.52. Upon divorce of a Member, Nui Social will generally not divide compensation or other rewards and will maintain payment of compensation as it existed prior to divorce. Payment pursuant to a divorce decree or other legal documents are the responsibility of the Member, with the exception that Nui Social will comply with any qualified domestic relations order or similar order of any court of competent jurisdiction. Nui Social may, in its sole discretion, on a case-by-case basis, divide compensation on a simple, fixed-percentage basis, pursuant to the written consent of both parties.
- 184.108.40.206. If Nui Social agrees to divide compensation on a simple, fixed percentage basis, the parties to the member account agree to hold Nui social harmless from any and all liabilities, losses, costs, damages, judgments, or expenses, including reasonable attorney’s fees, resulting or arising from, directly or indirectly, any acts or omissions by Nui social in dividing the compensation. Nui Social has the right to withhold compensation in the event of a dispute among spouses regarding a Member Account. Nui Social may charge a fee to Members each month as payment for its services in dividing compensation payments.
1.15. REFUND POLICY
Nui Social wants you to be thrilled about your relationship with our company and your software/technology purchase. As a Member, you have the right to cancel your enrollment for a full refund for 30 days after your initial purchase for any reason, if this meets applicable state guidelines and international guidelines. This may be done by request by contacting Nui Social customer support (support@Nui.social). Any Members that are Montana Residents must request a refund within 15 days from the date on which you enroll as a Member. No refunds may be made to a gift card. Any Member that receives a refund must re-enroll as if a new Member and be under their original enroller if re-enrolling within six (6) months from the date of refund. If re- enrollment takes place after that time, the Member may enroll under any enroller.
- 1.16.1. If a Member charges back any amount without having notified Nui Social about their intent to cancel and not having given Nui Social the opportunity to resolve the issue, then their Member account will be suspended immediately. A Member may try to resolve their suspension by written request that will be reviewed by Nui Social’s legal counsel. If the legal counsel determines that the Member may be allowed to participate in Nui Social’s programs, they will be required to pay for the current enrollment price and pay a $100.00 USD reinstatement fee.
1.17. INCENTIVE TRIPS & REWARDS
- 1.17.1. From time to time, Nui Social may provide incentive trips and other awards to qualified Members. These awards or trips may be based on qualification and Member performance and are provided only to the persons listed on a qualifying Member’s Agreement (not including any account co- applicant), up to air fare for two such persons and hotel accommodations of one room. Incentive trips or awards may not be deferred for future acceptance and have no cash value. No payment or credit will be given to those who cannot or choose not to attend trips or to accept awards. Although Nui Social pays some or all of the costs of such incentive trips, the Member agrees to indemnify and hold harmless Nui Social for any injury, loss or other damage sustained in association with the trip by the Member and/or its guests. The Member cannot make claim upon, or rely upon, any workman’s compensation or other insurance policy of Nui Social to cover the costs and expenses of any injury, loss or other damage to the Member and/or the Member’s guests. Nui Social may be required by law to include the fair market value of any incentive awards, trips, etc. on the Member’s end of the year tax report. The Member is liable for applicable taxes and agrees to hold Nui Social harmless from claims of tax liability relating to these incentive trips and awards. If it is discovered that the Member has made any misrepresentations or has violated any of Policies and Procedures in becoming eligible for these incentives trips and awards, Nui Social may charge the Member for any costs incurred by Nui Social or for any benefits unjustly received by the Member. Nui Social may deduct these costs from commission payments. Nui Social reserves the right at its sole and absolute discretion to disallow participation for any reason it deems necessary.
1.18. REACH – PLACE TO REDEEM YOUR POINTS FOR PRODUCTS
- 1.18.1. Reach Return Policy. We stand behind our goods and services and want affiliates to be satisfied with them. We'll always do our best to take care of you! We do apply returns/exchanges when the items/products redeemed are defective/damaged prior to being delivered. Our 7 days return/ exchange policy applies to everyone. Refunds may take up to 14 days to be process. For more information, please review our FAQs or send us an email to firstname.lastname@example.org
- 1.18.2. Limitation of Liability. In addition to other disclaimers set forth in these Program Rules, third party vendors and Divvee Social make no guarantees, warranties or representations of any kind, expressed or implied, with respect to the goods or services offered by any participating merchant; and shall not be liable for any loss, expense, accident, injury or inconvenience that may arise in the connection with the use of such rewards; or because of any defect in or failure of such rewards. Third party vendors and Divvee Social specifically disclaim any defect in or failure of such rewards. Third party vendors and Divvee Social specifically disclaim any implied warranties of merchantability or fitness for a purpose.
- 1.18.3. Reward points Redemption. Points for rewards are redeemed when used in our Reach marketplace. At the time of the Reward redemption, your rewards point balance will be reduced by the number of points used to obtain the reward(s). Please email email@example.com if you have any questions about your reward points.
- 1.18.4. Points will be subtracted from a Participants account once the reward is requested. Once redeemed, a Participant may not cancel the order or substitute another reward for the one ordered. No refunds of Points will be made for any reason.
- 1.18.5. Exchanges of Merchandise. Exchanges of merchandise will be made upon the following terms and conditions:
- 220.127.116.11 For products which are damaged upon receipt by the Participant, the Participant may (a) contact member services for the program for assistance. Please send email to Support@reach.social. Please list your name, address, email, phone number and the order number with the product information.
- 18.104.22.168. For products which are not damaged but for which the Participant desires a replacement, the
- 22.214.171.124. Participant may exchange the product for any other product that is currently available for the same number of Points or for
- 126.96.36.199. a lesser number of Points. If the exchange is for an item available for a lower number of Points, no points will be refunded. Please email Support@reach.social
- 188.8.131.52. Notwithstanding anything to the contrary, no returns or exchanges will be accepted for any reason after 90 days from the date of the order.
- 184.108.40.206. No points will be refunded or redeposited in the event of any return or exchange.
2. NUI SOCIAL CODE OF CONDUCT
2.1. ETHICAL STANDARDS
- 2.1.1. Each Member must maintain their Member Account and otherwise conduct business in a courteous, professional and ethical manner. Examples of unethical and forbidden behavior include but are not limited to:
- 220.127.116.11. Cross-Recruiting to another company. Affiliates are free to engage with multiple network marketing companies but may not: promote or advertise any other network marketing company at Nui Social events or on their Nui Social media or material; recruit affiliates from Nui Social to join another network marketing company; or encourage Nui Social affiliates to cease or desist their Nui Social opportunities. For each violation of this subsection, Nui Social shall be entitled to immediate injunctive relief and liquidated damages in the amount of $25.00 for each occurrence. This amount will be charged to the original cross recruited account and the account will be suspended until the amount is paid. This damage amount is not intended as penalty but you agree that this amount is difficult to ascertain and is a reasonable estimate of the amount of damages which Nui Social will sustain. Each individual or entity solicited shall constitute a separate occurrence, and separate solicitations of the same individual or entity shall also constitute a separate occurrence.
- 18.104.22.168. Raiding another Member’s Team Building Structure;
- 22.214.171.124. Unauthorized use of another person’s credit card;
- 126.96.36.199. Use of Emulators. Upon suspicion that a Member is using an emulator or device or scheme of similar effect, Nui Social may suspend that Member’s account immediately without notice and investigate. Notice of investigation shall be given as soon as practicable. If no evidence of improper activity is found the Member’s account will be reinstated. If evidence satisfactory to, and in the sole discretion of, Nui Social is found then the Member’s account shall be immediately terminated.
- 188.8.131.52. Chargebacks. If an Independent Affiliate charges back any amount without having notified Nui Social about their intent to cancel and not having given Nui Social the opportunity to resolve the issue, then their account will be terminated immediately. An Independent Affiliate may attempt to resolve their termination by written request that will be reviewed by Nui Social’s legal counsel. If legal counsel determines that the Independent Affiliate may be allowed to participate in Nui Social’s programs, they will be required to pay for the current enrollment price and pay a $100.00 USD reinstatement fee. If an Affiliate is willing to work with Nui Social and/or the chargeback was done by mistake, the Affiliate will be charged $25 per chargeback after resolution.
- 184.108.40.206. Misrepresenting the Nui Social applications, products, or services, or Compensation Plan including but not limited to:
- 220.127.116.11.1. Engaging in any deceptive or unlawful trade practice or other illegal or unlawful activity;
- 18.104.22.168.2. Creating or publishing advertising material without prior Company approval;
- 22.214.171.124.3. Any unauthorized use of the Nui Social names, trade names, domain names, patent information, trademarks, or logos;
- 126.96.36.199.4. Manipulating the Nui Social Compensation Plan;
- 188.8.131.52.5. Defaming, making libelous statements or impugning Nui Social, its applications, products, services, staff executives, vendors, clients, members, or other Members;
- 184.108.40.206.6. Making false or misleading claims about potential earnings under the Compensation Plan or about the benefits of being a Member.
- 220.127.116.11.7. Encouraging or recommending that Members or prospective Members incur debt to participate in the business.
2.2. SOCIAL MEDIA POLICY
- 2.2.1. We all share a great enthusiasm for Nui Social and the business opportunity that being a Nui Social Independent Member offers. Nui Social encourages all Independent Members to share personal experiences regarding Nui Social services, the business opportunity, and their overall experiences. However, for your protection and the protection of Nui Social, we have established the following policies that are intended to govern your conduct about the use of social media websites in conducting your Nui Social business.
- 2.2.1. Nui Social Members may choose to create a social media presence for themselves or their business with the understanding that establishment of such a presence is not an endorsement of the content by Nui Social. In so doing, Nui Social Members shall clearly identify themselves as a “Nui Social Member.”
- 2.2.3. In using a social media outlet regarding any Nui Social activity, Nui Social Members must conduct themselves in keeping with the Agreement. Nui Social Members must clearly identify themselves as such when interacting with others via any social media outlet. Nui Social Members should not use any Nui Social trademarks as part of their username/handle, group names, business pages or site names. Any claims made regarding Nui Social products or the business opportunity must be pre-approved by Nui Social before they are posted. To receive pre-approval, please contact the Compliance Department.
- 2.2.4. Nui Social Members shall not post derogatory or negative comments about other persons, companies, or products of other companies. Nui Social Members shall at all times comply with the terms and conditions of usage for any social media sites or services used.
- 2.2.5. Nui Social Members agree to indemnify Nui Social for any costs or damages it may incur from any legal proceedings that arise from the Nui Social Member’s deliberate or negligent improper use of social media sites or services.
- 2.2.6. A Nui Social Member shall, upon request of Nui Social, remove any material deemed by Nui Social to be in breach of this policy.
- 2.2.7. There are three levels of slander: Level 1 is extreme; Level 2 is frustration; and Level 3 is crude language.
- 18.104.22.168. All Level 1 and Level 2 social media materials will be recorded and filed as evidence. Level 3 material will not be recorded.
- 22.214.171.124. Level 1 will result in termination or 30 day suspension at Nui Social’s distraction, along with a ban from social media.
- 2.3.1. You may not make any misleading, unfair, inaccurate, or disparaging comparisons, claims, representations, or statements about:
- 126.96.36.199. Nui Social or its services or business activities;
- 188.8.131.52. other Nui Social Members or their business activities;
- 184.108.40.206. other companies, competitors or otherwise, or their products, services or business activities.
- 2.4.1. You must operate your Member Account in a manner that is free of harassment, intimidation, threats or abuse. Nui Social will not tolerate harassment of any kind, including but not limited to abuse, insults mistreatment, slander, or other inappropriate behavior related to or based upon race, religion, gender, sexual orientation, or physical or mental limitations and disabilities. Nui Social prohibits any physical or verbal abuse, or soliciting, encouraging, attempting, or consummating any inappropriate or unwelcome written, verbal, electronic or physical relationships, sexual advances, requests for sexual favors, or other physical, verbal, or visual behavior of a sexual nature, with another Member, employee, client or customer.
- 2.5.1. You must comply with all anti-corruption laws, including the Foreign Corrupt Practices Act (“FCPA”), in the countries in which Nui Social does business. The FCPA requires that you never directly or indirectly (i.e. through an agent) make a payment or gift with the purpose of influencing the acts or decisions of foreign officials. There are some limited exceptions to this rule. Because the rules and exceptions relating to anti-corruption are complex, you should consult with your own legal counsel regarding questions relating to compliance with the FCPA or anti-corruption laws.
2.6. RECORDS REVIEW
- 2.6.1. As a condition to be a Member, you grant Nui Social the right to review your Member Account records in order to investigate whether you have been operating your Member Account in compliance with these Policies and Procedures. Nui Social may request to review your Member Account records at any time and for any reason. You must comply with any request to review your Member Account records by promptly and completely making your records available for review by Nui Social.
- 2.7.1. Each Member is fully responsible for all his or her verbal and written statements made regarding Nui Social products, services, and the Compensation Plan which are not expressly contained in current official Nui Social materials. Each Member agrees to indemnify Nui Social and Nui Social’s directors, officers, employees, and agents, and hold them harmless from any and all liability including judgements, civil penalties, refunds, attorney fees, court cost, or lost business incurred by Nui Social as a result of the Member’s unauthorized representations or actions. This provision shall survive the termination of these Policies and Procedures or termination of said Member’s account.
Nui Social’s compensation policies and procedures are found in the Nui Social Compensation Plan, which is incorporated by this reference herein as if fully set forth herein. The Nui Social Compensation Plan is available at Nui.social.
Unclaimed Commissions are defined as Commissions that have not been paid because of a failure on the part of the Member to supply pertinent information to complete a payment. This includes, but is not limited to: failure to supply correct bank account information, Tax ID or any other required personal information; failure to activate Nui Social wallet accounts or other payout methods; failure to submit appropriate tax documentation to receive payments, such as invoices or other tax documentation. Upon request, Nui Social will re-issue Unclaimed Commission payments to Members up to 365 days after issue (or earned). After 365 days from issue Nui Social will re-issue payments, subject to a monthly administration fee of 2% of the Unclaimed Commission per month, with a minimum of $25 per month, until the payment is reissued or no balance remains on the account. If the Member is paid by Nui Social they must activate their wallet within 90 days of commissions being deposited to the account. After this time period, or 365 days, whichever is later, has passed, Nui Social has the right to withdraw those funds from the account and send the funds to the State of Utah as unclaimed property.
An active Member can earn commission bonuses from the Actions of the Members in his or her Team Building Structure, according to the tiers he or she is qualified for. A Member is eligible to receive commission bonuses from all Actions from all Free Members he or she has personally enrolled.
All personal Actions performed by Members, as well as Free Members, earn Nui Reward Points which can be used in the Redemption Center.
No guarantee of Actions. Nui Social cannot and does not represent or warrant that it will provide a certain amount of Actions, work, or any amount of commissions or bonuses to or for its Members.
4. ENFORCEMENT OF THESE POLICIES AND PROCEDURES AND TERMINATION OF A MEMBER ACCOUNT
Nui Social may take any appropriate disciplinary action in its sole discretion for any Member’s failure to abide by these Policies and Procedures. After a disciplinary action is complete, Nui Social, at its discretion, may announce details of such disciplinary action publicly. Although violations may be handled as set forth below, Nui Social has sole discretion in allowing or terminating any Member Account, and this provision shall not be construed as conferring to a Member any rights or entitlement in or to this process.
4.2. RIGHT TO TERMINATE
- 4.2.1. Voluntary Termination
- 220.127.116.11. An Independent Affiliate may, at any time, voluntarily terminate their Independent Affiliate account. An Independent Affiliate who terminates loses all rights and all beneficial interests in their Nui Social account and any Independent Affiliates in their organization. An Independent Affiliate who voluntarily terminates their account may not reapply for a new Nui Social Independent Affiliate account or apply to hold a beneficial interest in an existing Nui Social Independent Affiliate account until six (6) months after voluntary termination. An Independent Affiliate is not entitled to any refund upon termination, unless termination is within the applicable refund period.An independent affiliate that has voluntarily terminated their account may reinstate their account. They must pay all fees applicable at that time to re-enroll. They will be under the same original enroller and be subject to placement as deemed appropriate in Nui Social’s sole discretion.
- 4.2.2. Involuntary Termination or other Disciplinary Measures
- 18.104.22.168. Nui Social reserves the right to terminate an account if it has been inactive for 3 consecutive months. If an account has been terminated by Nui Social due to inactivity a Member must do the following in order to reinstate their account:
- 22.214.171.124.1. Re-enroll with a new Member ID
- 126.96.36.199.2. Pay the membership and any other applicable fees
- 188.8.131.52.3. Be assigned a new sponsor and placed in the TBS tree with a new spot that accompanies the new Member ID number.
- 184.108.40.206. Disciplinary Process. Failure to abide by the Agreement may lead to appropriate disciplinary action. After a disciplinary action is complete, Nui Social, at its discretion, may announce details of such disciplinary action publicly. Although Agreement violations may be dealt with as detailed below in Nui Social’s sole discretion, this provision shall not be construed as conferring to an Independent Affiliate any rights or entitlement in or to this process. Nui Social reserves the right to discipline any Member as it deems appropriate. The disciplinary process may involve any one or several of the following steps at Nui Social’s discretion:
- 220.127.116.11.1. Warning. A formal written warning may be sent to the offending Independent Affiliate explaining the violation, required corrective action and stating that failure to remedy the stated violation may result in further disciplinary action. A total of three (3) written warnings may be sent at any time after the violation was discovered and/or evidence was collected.
- 18.104.22.168.2. Holds. After the third written warnings is sent the Member account may be placed on hold. The length and conditions of the hold may vary, depending upon the circumstances, but restrictions will include the denial of access to the Member’s Team Building Structure, Lists, the virtual office, or any Nui Social websites, no ability to perform Actions or Rank and Shares, no ability to enroll new Members, or other restrictions. Commission will continue to be paid.
- 22.214.171.124.3. Suspension. Suspension is the temporary withdrawal of an Independent Affiliate’s license to act as an Independent Affiliate. An Independent Affiliate and their Nui Social account may be suspended for serious violations or breaches of this Agreement, and a suspension may last for a period of days or months (minimum of 30 days, unless otherwise decided by Nui Social’s compliance team), depending on each circumstance. Independent Affiliates may also be suspended during investigation of potential violations or breaches of this Agreement. In the event of a suspension, a suspension letter will be sent to the Independent Affiliate. This notice will list the issues being investigated and actions the Independent Affiliate must take in order to have their suspension lifted. These actions may include the immediate cessation of all violations; the submission of a written statement to Nui Social responding to the suspension; and such other action as Nui Social may deem necessary. An Independent Affiliate who fails to respond to a suspension letter may be terminated. An Independent Affiliate may appeal a suspension in writing within the period outlined in the suspension letter (normally 30 days from the time the letter is sent). Suspended Independent Affiliates are not eligible to receive compensation, earned or otherwise, (or bank commissions) from Nui Social or participate in any Nui Social functions, events, or programs. Nui Social reserves the right to withhold compensation until the disciplinary process has been completed to Nui Social’s satisfaction. A suspended Independent Affiliate will not qualify in the Nui Social Compensation Plan during their term of suspension, nor will they be eligible for any kind of recognition. Nui Social may, at its absolute discretion, qualify a Nui Social Independent Affiliate during the suspension and retain all the earned Commissions to offset Independent Affiliate-caused damages to Nui Social. Additional administrative processing fees may also be assessed.
- 126.96.36.199.4. Termination. If appropriate in Nui Social’s sole discretion, Nui Social may terminate a Member’s account and will send notification of the date of termination by email to the terminated Independent Affiliate at the most recent email address on file. Upon termination, the Independent Affiliate shall immediately cease all Independent Affiliate activities and return all Lists to Nui Social.
- 4.2.3. Appeal of Termination. An Independent Affiliate who has been terminated involuntarily may appeal the termination by submitting a written explanation, including any extenuating or mitigating circumstances. The Independent Affiliate must submit the written appeal within the time period specified in the termination letter, but no later than ten (10) calendar days following the date of termination. The Nui Social Appeal team will review any timely appeal and notify the Independent Affiliate of its decision. If the appeal is not received within the specified time period, the termination will be final. Appeals of termination may be submitted to the Compliance team at compliance@Nui.social. An email including the decision made will be sent to the affiliate. An affiliate may appeal a suspension using the same process.
- 4.2.4. Termination Results. Whether an Independent Affiliate of Nui Social is terminated voluntarily or involuntarily, that Independent Affiliate’s licenses, rights, and privileges are revoked, and the Independent Affiliate is no longer entitled to sell Nui Social services or products, to enroll other prospective Independent Affiliates, represent himself/herself as an Independent Affiliate or member of Nui Social, or to receive commission payments. Any Bonus Rollover amounts on a terminated account may be converted to account credits at the time of termination. In addition, a terminated Independent Affiliate loses all rights to the existing Team Building Structure and is no longer entitled to receive Commissions, awards, or any compensation or recognition whatsoever, already earned or otherwise, from Nui Social, nor is the Independent Affiliate entitled to any other claim for indemnification with regard to the loss of his or her customer base or any investments made. An Independent Affiliate also forfeits any rights to Lists. A terminated Independent Affiliate must immediately return all existing Lists to Nui Social including all other documents and materials made available to him or her. Terminated Nui Social Independent Affiliate positions are the exclusive property of Nui Social and may remain in the current Nui Social matrix position to be disposed of in a manner that serves the best interests of Nui Social, as well as the interests of any affected Independent Affiliates, in Nui Social’s sole discretion. An Independent Affiliate who has been terminated for cause may not reapply as a Nui Social Independent Affiliate for 6 months following the date of termination.
4.3. Return of Confidential Information
Upon termination for any reason a Member must return all confidential information, including any information derived therefrom, over which he or she has direct or indirect control to Nui Social upon termination or upon demand of Nui Social. If any such confidential information cannot be returned because it is in electronic format, a Member shall permanently delete and erase the confidential information upon termination or upon demand. This paragraph shall survive the termination of a Member Account or termination of these Policies and Procedures.
5.1. Independent Contractor Status of Members
- 5.1.1. All Nui Social Members are independent contractors. A Member is not an agent, employee, officer, partner, member, or joint-venturer for or with Nui Social, and may not represent themselves as such. All Members:
- 188.8.131.52. Are responsible for their business decisions and determine in their sole discretion how, when, where and how much they will work;
- 184.108.40.206. Will be paid based on sales or MAPS and not the number of hours worked;
- 220.127.116.11. Are subject to entrepreneurial risk and responsible for all losses that you incur as a Member;
- 18.104.22.168. Must pay their own business and other fees including but not limited to license fees, insurance premiums, and if required, obtain a federal employment identification number;
- 22.214.171.124. Are responsible for all costs of thier business including but not limited to travel, entertainment, office, clerical, legal, equipment, accounting, and general expenses without advances, reimbursement, or guarantee from Nui Social; and
- 126.96.36.199. Will not be treated as employees for federal or state tax purposes. If a Member meets a certain income threshold they will receive a Federal Internal Revenue Service form 1099 reflecting income that Nui Social has paid them in a calendar year.
- 188.8.131.52. All Members must pay any self-employment taxes required by federal, state, and local laws, statutes, and regulations. You are responsible for the proper collection and payment of sales tax on retail sales if applicable. You will receive an IRS Form 1099 reflecting relevant tax information related to your Member business.
- 5.1.3. No Authority To Act On Behalf Of Nui Social
- 184.108.40.206. Members have no authority to act for or on behalf of Nui Social. This includes, but is not limited to, any attempt to:
- 220.127.116.11.1. register or reserve Nui Social names, trademarks, trade names or MAPS or other products;
- 18.104.22.168.2. register URLs using Nui Social names, trademarks or trade names;
- 22.214.171.124.3. register or secure approval for Nui Social MAPS, products or business practices; or
- 126.96.36.199.4. establish business or governmental contacts of any kind on Nui Social’s behalf.
- 5.1.4. You must indemnify Nui Social for all costs and attorneys’ fees incurred by Nui Social for any remedial action needed to exonerate Nui Social in the event that you improperly act on behalf of Nui Social. You must immediately assign to Nui Social any registration of Company names, trademarks, trade names, Products, or URLs registered or reserved in violation of this Section without Nui Social’s reimbursement of any costs you incurred.
- 5.1.5. Designation Of Nui Social As Employer Prohibited
- 188.8.131.52. You may not identify Nui Social as your employer on any form or document including but not limited to loan applications, government forms, employment verification requests, or applications for unemployment compensation.
Nui Social reserves the right to make modify these Policies and Procedures upon 30 days notice by publication on Nui.social. You agree that 30 days after such notice, any modification becomes effective and is automatically incorporated into these Policies and Procedures as an effective and binding provision. By continuing to act as a Member or accepting any compensation after the modifications have become effective, you acknowledge acceptance of the new terms.
5.3. WAIVERS & EXCEPTIONS
No failure of Nui Social to exercise any right or power under these Policies and Procedures or to insist upon immediate or strict compliance by a Member with any obligation or provision herein, , and no custom or practice of the parties at variance with the terms herein, shall constitute a waiver of Nui Social’s right to demand exact compliance with these Policies and Procedures. Waiver by Nui Social can be effectuated only in writing by an authorized officer of Nui Social. Nui Social’s waiver of any particular breach by a Member shall not affect or impair Nui Social’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Members. Nor shall any delay or omission by Nui Social to exercise any right arising from a breach affect or impair Nui Social’s rights as to that or any subsequent breach.
5.4. INTEGRATED CONTRACT
These Policies and Procedures are the final expression of the understanding and agreement between you and Nui Social concerning all matters touched upon herein and supersedes all prior and contemporaneous agreements of understanding (both oral and written) between you and Nui Social. These Policies and Procedures invalidate all prior notes, memoranda, demonstrations, discussions and descriptions relating to the subject matters covered herein. These Policies and Procedures may not be altered or amended except as provided herein. The existence of these Policies and Procedures may not be contradicted by evidence of any alleged prior contemporaneous oral or written agreement.
If any provision of these Policies and Procedures, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of these Policies and Procedures.
5.6. GOVERNING LAW/JURISDICTION
These Policies and Procedures are governed by the laws of the State of Utah, U.S.A. You hereby consent to the exclusive jurisdiction and venue of the courts in Utah County, Utah, U.S.A. for all disputes arising out of or relating to any dispute, enforcement or interpretations of the terms herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nui Social because of these Policies and Procedures.
Any notice or other communications to be given under these Policies and Procedures must be in writing and be delivered personally, transmitted by facsimile or sent by first class, certified, registered or express mail, postage prepaid. Notices will be deemed given when delivered personally, or if transmitted by facsimile, one day after the date of that facsimile, or if mailed, five days after the date of mailing to the address of Nui Social’s headquarters at [address], Utah or to the Member’s address as provided in their Member Agreement including any amendments or updates.
5.8. SUCCESSORS & CLAIMS
These Policies and Procedures will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Headings herein are for convenience of reference only and are not to be used to construe any of the terms or provisions herein.
5.10. PLURALITY & GENDER
All words will be deemed to include the plural as well as the singular and to include all genders.
If there are any discrepancies or inconsistencies between the English version of these Policies and Procedures and any translation thereof, this English version will be controlling.
Consent to Use Electronic Records and Signatures
- 5.12.1. Under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.), you may consent and agree to these terms and conditions electronically. Please read the following information carefully:
- 5.12.2. An electronic record will evidence this Agreement between you and Nui Social. By clicking on “I Agree” below, you consent to the use of an electronic signature and record for, and electronically acknowledge that you have read the Agreement and agree to be bound by the terms and conditions therein.
- 5.12.3. To access the Agreement, any other applicable documents and to submit your online Affiliate Application, you will need a personal computer or device with Internet access with an operating system capable of supporting access to all electronic records, an operational Internet browser we support, Adobe Reader, electronic storage if you wish to retain records in electronic form, and a printer if you wish to print and retain paper records.
- 5.12.4. This consent applies to any documents or records that may be provided to you or made available during the course of your relationship with Nui Social.
- 5.12.5. To withdraw your consent to the Agreement, or to request the record of this Agreement on paper, please send your written request to: Nui Social, Attn: Compliance Department, [address]. Your request must contain your full name, email address, and affiliate ID.
- 5.12.6. Any updates to your email address or other contact information should be emailed to support@Nui.social.
- 5.12.7. By clicking on “I agree”, you consent to the use of electronic records evidencing your agreement to the Agreement. If you do not agree click on the “I decline” box, the enrollment process will be terminated and you will be returned to the Nui Social Home page.