NUI SOCIAL TERMS & CONDITIONS
NUI SOCIAL Independent Affiliates are required to comply with all of the terms and conditions set forth in these Policies and Procedures. NUI SOCIAL may amend these Policies and Procedures at its sole discretion from time to time. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by these Policies and Procedures. Please review the information in this manual carefully. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from NUI SOCIAL. The most current version of these Policies and Procedures can be found on the company’s official website.
Section 1 – Independent Affiliate Terms
Section I: Acceptance of the Agreement
Section II: Software Purchases and App, Software, Portal and Website Updates
The Independent Affiliate will need to enroll and then update and maintain their Divvee app and Divvee dashboard and back-office access (“software”) to current versions in order to be compliant and to be able to participate in the Divvee’s programs. The Independent Affiliates who were enrolled prior to January 10, 2017 are grandfathered into Divvee’s software for a lifetime; and for those enrolled subsequent to this date, you may update and maintain your software by using points or cash. Cancellation requests will be effective in the calendar month in which NUI SOCIAL receives written notice unless the debit has already been processed. If the notice to cancel is received after the debit has been processed, the cancellation will be effective in the following calendar month.
Section III: IRS W9 Information
The Tax ID number in your enrollment form must match the name as shown on your income tax return to avoid backup withholding. For individuals that are United States citizens, or legal permanent or temporary residents, this is your social security number.
Please verify the information submitted on your enrollment form. If correct, acknowledge by checking the box below, which will serve as your electronic signature. For further information, please see the official IRS W9 form instructions: http://www.irs.gov/pub/irs-pdf/fw9.pdf
Section IV: ESIGN Consent to Use Electronic Records and Signatures
Under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.), you may consent to this Agreement electronically. Please read the following information carefully:
- 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.
- 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.
- 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.
- You have the option to have the record of this Agreement provided to you on paper or in non-electronic form, or to withdraw your consent to the Agreement.
- To withdraw your consent to the Agreement, or to request the record of this Agreement on paper, please send your written request to: Divvee Social, Inc., Attn: Compliance Department, 3521 N University Ave, #225, Provo, UT 84606. Your request must contain your full name, email address, and affiliate ID.
- Any updates to your email address or other contact information should be emailed to email@example.com.
By clicking on “I agree”, you consent to the use of electronic records evidencing your agreement to the Agreement. If you click on the “I decline” box, the enrollment process will be terminated and you will be returned to the NUI SOCIAL Home page.
1.1.1 – Amendment
Because federal, state, territorial, and local laws, as well as the business environment, periodically change, NUI SOCIAL reserves the right to amend the Agreement and its prices at its sole and absolute discretion. By signing the Independent Affiliate Application and Agreement, an Independent Affiliate agrees to abide by all amendments or modifications that NUI SOCIAL elects to make. Amendments shall be effective upon publication on the official NUI SOCIAL website. NUI SOCIAL, at its option, may also provide or make available to all Independent Affiliates a complete copy of the amended provisions by one or more of the following methods: (a) posting on NUI SOCIAL’s official Independent Affiliate web site; (b) electronic mail (e-mail); (c) inclusion in Company periodicals; (d) inclusion in product orders; or (e) special mailings. An Independent Affiliate’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
1.2 – Policy Review Period
An Independent Affiliate may cancel his or her Agreement at any time by contacting NUI SOCIAL customer support.
1.3 – Assignment
NUI SOCIAL may assign the Agreement, or any part of it, to any Independent Affiliate, subsidiary, parent entity, or other company, at its discretion.
1.4 – Independent Affiliate Consent
An Independent Affiliate hereby consents to NUI SOCIAL’s use of the Independent Affiliate’s image including, but not limited to: the Independent Affiliate’s name, professional name(s), photographs, testimonials, likeness, title, positions, voice(s), biography, and any film footage, videotapes, audiotapes, recordings, articles, and interviews of the Independent Affiliate, in any form and medium whatsoever, when created in connection with any NUI SOCIAL product or opportunity, any events, promotions, and/or conventions to advertise, promote, and publicize NUI SOCIAL product or the NUI SOCIAL Business Opportunity. An Independent Affiliate may withdraw this consent by notifying NUI SOCIAL in writing and providing at least thirty (30) days advance notice before such withdrawal takes effect.
1.5 – Communication
An Independent Affiliate agrees that NUI SOCIAL may contact the Independent Affiliate by the provided telephone number or E-mail address concerning his or her NUI SOCIAL account and Independent Affiliate status during the term of this Agreement. Independent Affiliates also acknowledge that they agree to accept electronic copies (emails, scans, reprints, or other formats) as being the same as the original documents, and that documents, requests, and authorizations submitted electronically on behalf of the Independent Affiliate are explicitly deemed to have the same force in law as their manual signature.
1.6 – Independent Contractor Status
Independent Affiliates are independent contractors and are not purchasers of a franchise or business opportunity. The agreement between NUI SOCIAL and its Independent Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between NUI SOCIAL and the Independent Affiliate. Independent Affiliates shall not be treated as an employee for his or her services for Federal or local tax purposes. All Independent Affiliates are responsible for paying local, state (provincial), and Federal taxes due from all compensation earned as an Independent Affiliate of NUI SOCIAL. The Independent Affiliate has no authority (expressed or implied), to bind NUI SOCIAL to any obligation. Each Independent Affiliate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Independent Affiliate Agreement, these Policies and Procedures, and applicable law.
1.7 – Post Enrollment Marriages
If, in the course of being an Independent Affiliate, an Independent Affiliate meets and marries another existing Independent Affiliate, no effect will be given to the provisions of this section and the two Independent Affiliates may maintain their Independent Affiliate accounts separate and independently.
1.8 – Client Confidentiality
NUI SOCIAL’s relationships with its clients are confidential. An Independent Affiliate shall not contact or communicate, directly or in directly, in any way with any NUI SOCIAL client except at specific NUI SOCIAL events the client may attend at the request of NUI SOCIAL.
1.9 – Non-Circumvention
An Independent Affiliate warrants that by entering into this Agreement, the Independent Affiliate does not violate any other agreements the Independent Affiliate has entered into with a third party, and further, that the Independent Affiliate has not entered into any agreement or contract that may invoke a non-competition restriction by any employer or other person or company that will restrict or prevent the Independent Affiliate from performing the Independent Affiliate’s duties hereunder, and that the Independent Affiliate has no existing contractual or fiduciary duties that would prevent the Independent Affiliate from receiving the benefits of, and performing the duties of, this Agreement. Independent Affiliates agree to indemnify NUI SOCIAL and NUI SOCIAL’s directors, officers, employees, and agents, and hold them harmless for any and all liability including judgements, civil penalties, refunds, attorney fees, court costs, or lost business incurred by NUI SOCIAL as a result of claims or legal action brought against Independent Affiliate by any former employer or other person or company alleging breach of agreement or other violation of any non-competition agreement. This provision will survive the termination of this Agreement.
1.10 – Delays
NUI SOCIAL shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, lack of content for review, curtailment of supply, or government decrees or orders.
1.11 – Limitation of Liability
Regardless of the form of claim, whether in tort, agreement, or other, NUI SOCIAL and its officers, employees, and agents shall not be liable for any consequential, incidental, special, or punitive damages, including lost profits, for any claims made by an Independent Affiliate related to the Agreement. No legal action may be brought by either party to the Agreement more than one (1) year after the event giving rise to the cause of action that has occurred.
1.12 – Arbitration, Governing Law, and Jurisdiction
This Agreement shall be governed by the law of the State of Utah. You irrevocably consent to settle any suit, action, or proceeding arising out of, or relating to, the Agreement by binding arbitration in the State of Utah. Each party having a concern shall first give notice of the offense and allow at least thirty (30) days for the other party to cure. In the event of dispute, the prevailing party shall be reimbursed attorneys’ fees and reasonable travel and accommodation expenses by the other party.
1.13 – Waiver
No failure of NUI SOCIAL to exercise any right or power under the Agreement or to insist upon strict compliance by an Independent Affiliate with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of NUI SOCIAL’s right to demand exact compliance with the Agreement. 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 an Independent Affiliate 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 Independent Affiliates. 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. The existence of any claim or cause of action of an Independent Affiliate against NUI SOCIAL shall not constitute a defense to NUI SOCIAL’s enforcement of any term or provision of the Agreement.
1.14 – Severability
If any provision of the Agreement, 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 the Agreement.
Section 2 – Becoming an Independent Affiliate
2.1 – Requirements to Become an Independent Affiliate (U.S. Residents)
NUI SOCIAL reserves the right to reject for any reason or no reason any application for a new Independent Affiliate or application for renewal. To become a NUI SOCIAL Independent Affiliate, each applicant must:
- Be of the age of majority (usually eighteen) in his or her state of residence;
- Reside in the United States or U.S. Territories;
- Have a valid Social Security number, or Federal Tax ID number;
- Submit a properly completed and signed Independent Affiliate Application and Agreement to NUI SOCIAL.
- Submit a $50 Independent Affiliate Network Enrollment Fee
NOTE: For international Independent Affiliates, NUI SOCIAL agrees to not knowingly accept any merchant and credit card transactions from any OFAC sanctioned countries or persons. To see if your country is included on the list please go to:
2.1.1 – New Independent Affiliate Online Application
Independent Affiliates may sign up and complete an application online on NUI SOCIAL’s official website or on NUI SOCIAL-Enroller Independent Affiliate websites.
2.1.2 – One Independent Affiliate Account Per Independent Affiliate
NUI SOCIAL Independent Affiliates may own, operate, or have equitable interest in only one NUI SOCIAL Independent Affiliate account. Independent Affiliates shall not use business entities, trusts, or other devices or entities to avoid this policy. An exception to this policy will be considered on a case-by-case basis if two Independent Affiliates marry or in cases of an Independent Affiliate receiving an interest in another Independent Affiliate account through inheritance from an immediate family member. If NUI SOCIAL discovers multiple accounts owned by the same Independent Affiliate, the Independent Affiliate will be suspended for six (6) months. After the suspension period, the Independent Affiliate 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. Requests for exceptions to this policy must be submitted in writing to the NUI SOCIAL Compliance Department.
In no circumstance may an Independent Affiliate sign up another Independent Affiliate or Member. Every person who desires to become an Independent Affiliate or Member must do so individually.
2.1.4 – Refund Policy
NUI SOCIAL wants you to be thrilled about your relationship with our company and your software/technology purchase. As an Independent Affiliate, you have the right to cancel your software purchase and enrollment for a full refund for 30 days after your initial purchase for any reason; as long as this meets U.S.A. state guidelines and international guidelines. See section 2.1.4 for exceptions. This may be done by request by contacting NUI SOCIAL customer support (firstname.lastname@example.org).
2.1.5 – Montana Residents
You have 15 days from the date on which you enroll as a NUI SOCIAL Independent Affiliate to request a full refund of the purchase price of the NUI SOCIAL Independent Affiliate fee.
2.1.6 – Minors
Independent Affiliates shall not enroll or recruit individuals under the age of majority (usually 18 years of age) in the recruit’s respective state or territory as Independent Affiliates.
2.1.7 – Shipping and Enrollment Deliverable Policy
The Independent Affiliate’s enrollment fee of $50 is for software and access to NUI SOCIAL’s web portal and website with login credentials and a Divvee membership. These credentials are necessary in order to download NUI SOCIAL’s app and to log into its full functionality.
The deliverable and access is created at the same time of the completed enrollment. Therefore, Independent Affiliate agrees that product and services for the enrollment fee have been delivered.
The products and services with the enrollment and software purchase currently include and are not limited to the following:
- Social Share through the mobile app
- Team Communicator through the mobile app
- Virtual Meeting through web based software and access
- Divvee Dynamic through web based software and access
- Rank and Share through the mobile app
2.2 – NUI SOCIAL Free Member Sign-up
Individuals may choose to sign up as a free member of NUI SOCIAL. The following is required to be a Free Member:
- Be of the age of majority (usually eighteen) in his or her state of residence – any user under the age of majority may do so only with parental approval.
- Reside in the United States or U.S. Territories.
- Agree to NUI SOCIAL Policies and Procedures.
A Free Member shall be entitled to earn points that may be used in the NUI SOCIAL Redemption Center, but will not be entitled to participate in the NUI SOCIAL Compensation Plan. Once a Free Member joins NUI SOCIAL, his or her Member account is linked to the referring Independent Affiliate and becomes a member of that Independent Affiliate’s Team Building Structure. Free Members may become Independent Affiliates with no waiting period.
2.3 – NUI SOCIAL Independent Affiliate Annual Update
As part of remaining in good standing, it is the Independent Affiliate’s responsibility to update and maintain their software for their Independent Affiliate account. The Independent Affiliates who were enrolled prior to January 10, 2017 are grandfathered into Divvee’s software for a lifetime; and for those enrolled subsequent to this date, you may update and maintain your software by using points or cash on the anniversary date of their enrollment as a NUI SOCIAL Independent Affiliate. NUI SOCIAL has no obligation to inform any Independent Affiliate of their update and maintenance date or option to continue. Any Independent Affiliate who fails to comply with keeping their NUI SOCIAL software current, up-to-date and their and access in compliance as per these Terms and Conditions of this Agreement may be ineligible to receive monetary commissions and/or bonuses.
2.4 – Voluntary Resignation
An Independent Affiliate may, at any time, voluntarily resign as an Independent Affiliate. An Independent Affiliate who resigns loses all rights and all beneficial interests in their NUI SOCIAL account and any Independent Affiliates in their organization. An Independent Affiliate who voluntarily resigns 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 their submitting a resignation letter. An Independent Affiliate is not entitled to any refund upon resigning, unless it is within the first 90 days after enrollment as stated in section 2.1.3.
2.5 – Independent Affiliate Status Changes and Transfers
To convey, sell, assign, or otherwise transfer a NUI SOCIAL Independent Affiliate account or any interest therein, an Independent Affiliate must contact the NUI SOCIAL compliance team at email@example.com and complete an Independent Affiliate Account Transfer Request form and pay a standard processing fee. The same Terms and Conditions of the offer to purchase requires an offer in writing to the Enroller. Such requests may take up to ten (10) business days to process. No Independent Affiliate shall sell or assign an Independent Affiliate account in order to circumvent the Agreement, including but not limited to, cross-enrolling rules, and/or the possession of or interest in more than one Independent Affiliate account, or any mandatory waiting period after the termination of a previous Independent Affiliate account. NUI SOCIAL reserves the right to review any sale or assignment and to impose reasonable conditions on the sale or assignment to ensure compliance with the Agreement. If it is found that an Independent Affiliate has circumvented the Agreement, then the account(s) in question will be immediately suspended for six (6) months for review, and may be terminated thereafter.
Before the sale, transfer, or assignment can be finalized and approved by NUI SOCIAL, any debt obligations the selling Independent Affiliate has with NUI SOCIAL must be satisfied.
The selling Independent Affiliate must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer, or assign a NUI SOCIAL Independent Affiliate account.
To effect a transfer of a NUI SOCIAL Independent Affiliate account because of incapacity, the successor must provide the following to NUI SOCIAL:(1) a certified copy of an appointment as a fiduciary for the Independent Affiliate; (2) a notarized or certified copy of the trust document or other documentation establishing the fiduciary’s right to administer the Independent Affiliate’s assets or property; and (3) a completed Independent Affiliate Agreement executed by the Independent Affiliate’s fiduciary.
2.6 – Succession
Upon death, an Independent Affiliate’s account rights and benefits may be transferred to his or her successor(s) in interest (“Successor”) as provided by law. To accomplish this, the Successor must submit to NUI SOCIAL: (1) certified copies of the Independent Affiliate’s death certificate; (2) a certified or notarized copy of the trust, letters testamentary, letters of administration or other legal instrument demonstrating the Successor’s rights and interest of succession to the deceased Independent Affiliate’s property; (3) a completed Independent Affiliate Account Transfer form with standard processing fee. After review of the supporting documentation, NUI SOCIAL will notify the Successor of its decision. If accepted, the Successor shall be entitled to all the rights and privileges as well as subject to the duties and obligations of the Agreement.
2.7 – Independent Affiliate Divorce or Partnership Dissolution
NUI SOCIAL Independent Affiliates sometimes operate their NUI SOCIAL Independent Affiliate account as husband-wife partnerships, regular partnerships, corporations, trusts, or other business entities. At such time as a marriage may end in divorce or a corporation, partnership, trust, or other business entity (the latter entities are collectively referred to herein as “entities”) may dissolve, arrangements must be made to ensure that any separation or division of the Independent Affiliate account is accomplished so as not to adversely affect the interests and income of other Independent Affiliate accounts up or down the line of enrollment. If the separating parties fail to provide for the best interests of other Independent Affiliates and NUI SOCIAL, NUI SOCIAL will involuntarily terminate the Independent Affiliate Agreement. During the pendency of a divorce or entity dissolution, the parties must adopt one of the following methods of operation:
One of the parties may, with written notarized consent of the other(s), operate the NUI SOCIAL Independent Affiliate account pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize NUI SOCIAL to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee. In this situation, all bonuses and commissions shall be paid to the party receiving the Independent Affiliate account.
The parties may continue to operate the NUI SOCIAL Independent Affiliate account jointly on a “business as usual” basis, whereupon all compensation is paid by NUI SOCIAL according to the status quo as it existed prior to the filing of the divorce or dissolution proceedings. Under no circumstances will the downline team of divorcing spouses or a dissolving Independent Affiliate account entity be divided. Similarly, under no circumstances will NUI SOCIAL split commission and bonus checks between divorcing spouses, members of dissolving entities or otherwise. NUI SOCIAL will recognize only one individual or entity and will issue only one commission or bonus check per NUI SOCIAL Independent Affiliate account per commission cycle. Commission checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the Independent Affiliate account within four calendar months from the date on which the divorce action was filed or the dissolution proceedings instituted, the Independent Affiliate account shall be involuntarily canceled. If a former spouse has completely relinquished all rights in his or her original NUI SOCIAL Independent Affiliate account, he or she is thereafter free to immediately enroll under any Enroller of his or her choosing. Former entity Independent Affiliates must wait four calendar months before they may re-enroll under a different Enroller, but may re-enroll immediately under the same Enroller who had been the Enroller of the dissolved entity. In such case, however, the former spouse or partner shall have no rights to any Independent Affiliates in their former Team or to any former Member.
2.8 – Enrollment/Placement Changes
Upon enrollment, an Independent Affiliate’s position in his or her Team Building Structure (matrix) is done automatically by the NUI SOCIAL system and cannot be changed by the Independent Affiliate except upon request. NUI SOCIAL reserves the right to approve or deny any enrollment or placement change requests in its sole discretion. An Independent Affiliate shall have no proprietary or other legal right or discretion as to his or her position in any Team Building Structure, or the position of his or her enrolled Independent Affiliates or Free Members.
2.9 – Non-Solicitation
An Independent Affiliate may not, directly or indirectly, enroll, solicit, or attempt to enroll or solicit any other NUI SOCIAL Independent Affiliate into any network marketing or direct selling company. The foregoing prohibited activities constitute unfair competition with NUI SOCIAL and are also known as Cross-Recruiting. Cross Recruiting damages other Independent Affiliates’ businesses and may be grounds for disciplinary action including, but not limited to, termination.
A NUI SOCIAL Independent Affiliate may not, directly or indirectly, enroll, solicit, or attempt to enroll or solicit any existing NUI SOCIAL Independent Affiliate into another leg, tree, team, or position. Such prohibited activities constitute unfair competition within NUI SOCIAL and is also known as Cross-Enrolling and shall constitute grounds for suspension or termination of the involved Independent Affiliate(s) at NUI SOCIAL’s sole discretion.
A NUI SOCIAL Independent Affiliate stipulates that if he or she violates the terms of paragraphs 2.9 and/or 2.9.1, NUI SOCIAL will be irreparably harmed, and that calculation of damages will be impracticable, extremely difficult and not susceptible of easy proof. The parties therefore stipulate that for each violation of such paragraphs, NUI SOCIAL shall be entitled to immediate injunctive relief and liquidated damages in the amount of $2,500.00 for each occurrence which the parties agree to be 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.”
NUI SOCIAL reserves the right to limit or exclude public recognition and exposure of Independent Affiliates who participate in multilevel or network marketing business ventures or marketing opportunities. This includes, but is not limited to, activities such as spotlights in NUI SOCIAL communications and websites, event recognition, NUI SOCIAL incentive trips and other forums which are public in nature.
Independent Affiliates shall not offer the NUI SOCIAL opportunity, products, or services to prospective or existing Members or Independent Affiliates in conjunction with any non-NUI SOCIAL program, opportunity, product, or service, nor shall Independent Affiliates offer any non-NUI SOCIAL program, opportunity, product, or service at any NUI SOCIAL-related meeting, seminar, or convention, or immediately following such event.
2.10 – Tax Exempt Independent Affiliates
Independent Affiliates in the United States with tax exempt status must submit their tax-exempt certificate to firstname.lastname@example.org for verification.
2.11 – Tax Payment Responsibility
Each Independent Affiliate is responsible for paying local, state, and federal taxes on any income generated as an Independent Affiliate. Every year, NUI SOCIAL will provide the appropriate United States tax forms to Independent Affiliates based upon the applicable government requirements.
2.12 – 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, then their account will be suspended immediately. An Independent Affiliate 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 Independent Affiliate may be allowed to participate in Divvee’s programs, they will be required to pay for the current enrollment price and pay a $100.00 USD reinstatement fee.
2.13 – Independent Affiliate Lists
NUI SOCIAL desires to protect its Independent Affiliates and NUI SOCIAL from inappropriate and unfair competition. Lists of Independent Affiliates and any customers, activity reports, Team Building Structure, and other information regarding Independent Affiliates, whether partial or complete (hereinafter “Lists”), provided by or originating from NUI SOCIAL or any Independent Affiliate or Client may not be reproduced in any way or in any part by an Independent Affiliate. The Lists are the confidential and proprietary property of NUI SOCIAL. NUI SOCIAL has derived, compiled, configured, and currently maintains Lists through the expenditure of significant time, computer programming and monetary resources. Lists, in present and future forms and as amended from time to time, constitute commercially advantageous proprietary assets and trade secrets of NUI SOCIAL, which Independent Affiliates agree to hold confidential. Lists shall not be disclosed by Independent Affiliates to any third party or used for any purpose other than in the performance of their obligations under the Agreement and for the benefit of NUI SOCIAL and the Independent Affiliates. Lists are provided for the exclusive and limited use of the Independent Affiliates to facilitate the training, support, and service of the Independent Affiliate’s Downline.
Section 3 – Promoting NUI SOCIAL and the Opportunity
All Independent Affiliates shall safeguard and promote the good reputation of NUI SOCIAL and its products and services. The marketing and promotion of NUI SOCIAL, the NUI SOCIAL opportunity, the Compensation Plan, and NUI SOCIAL products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct or practices. Accordingly, Independent Affiliates must submit all proposed advertising material (internet or otherwise), written sales aids, promotional materials, and other sales or marketing literature to the NUI SOCIAL Compliance Department for approval. Unless the Independent Affiliate receives specific written approval to use the material, the request shall be deemed denied. If at any time the Independent Affiliate changes the materials, the revised materials must again be submitted to the NUI SOCIAL Compliance Department for review and approval prior to being used.
Any information gathered from the merchant and credit card process of enrolling and making purchases with NUI SOCIAL are kept strictly confidential. This information will not be shared to any 3rd party without express consent.
What We Collect:
Upon logging onto our Web server, our Web server automatically recognizes your domain name but not your E-mail address (where possible). We will collect the domain name from which you log on, aggregate information on what pages you access or visit, user-specific information on what pages you access or visit and information volunteered by you (such as survey information and/or site registrations). We do not collect your E-mail address or other personal information unless you contact us by E-mail or volunteer it.
NUI SOCIAL websites use “cookies” to enable you to sign in to our services and to help personalize your online experience. As you browse, we may install cookies (tiny text files stored on your hard disk by a web page server) in your browser. Our cookies cannot harm your computer and they do not contain any personally identifiable information. The purpose of these cookies is to store your preferences and other information on your computer and eliminate the need to repeatedly enter the same information in order to display your personalized content on later visits to our websites. Cookies also help us improve our site and deliver a better and more personalized service. Among other things, they enable us to:
- estimate our audience size and usage pattern.
- store information about your preferences, and so allow us to customize our site according to your individual interests.
- increase the speed of your searches.
- recognize you when you return to our site.
On some NUI SOCIAL websites, you can order products or services, make requests and register to receive materials. The types of personal information that may be collected on these pages are your name, email, affiliate or member ID number, contact and billing information, and transaction or credit card information. In order to tailor our communications to you and continuously improve our products and services, we may also ask you to voluntarily provide us with information regarding your personal or professional interests, demographics, experience with our products and services, as well as contact preferences.
How we use it:
NUI SOCIAL uses your information to better understand your needs and provide you with better service. Specifically, we use your information to help you complete a transaction, communicate with you, update you on services and benefits, and personalize your experience on our websites. Credit card and bank account numbers are used only for payment processing and are not retained for other purposes.
Whom we share it with:
NUI SOCIAL will not sell, rent, or lease your personally identifiable information to others unless we have your permission or are required to release that information by law. We will only share the personal data you provide online with other NUI SOCIAL entities and/or business partners who are acting on our behalf for the uses described above. These NUI SOCIAL entities and/or business partners are governed by our privacy policies with respect to the use of this data and are bound by the appropriate confidentiality agreements.
Accuracy & access:
NUI SOCIAL strives to keep your personally identifiable information accurate and secure. In order to update or correct your information with NUI SOCIAL you must contact NUI SOCIAL directly using the methods listed below. To protect your privacy and security, upon contacting us we will verify your identity before being allowed to update make corrections to your information.
We take reasonable steps to ensure that the personal information we collect about you remains accurate, timely and secure. Unfortunately, no data transmission over the Internet is 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security. We shall not be responsible for harm that you or any person may suffer as a result of a breach of security while you use or transmit information to the Website. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use encryption technology when collecting or transferring sensitive data, such as credit card and bank account information.
Information submitted to NUI SOCIAL’s websites will be collected, processed, stored, disclosed, and disposed of in accordance with applicable U.S. law. If you are a non-U.S. user, you agree and acknowledge that we may collect and use your personal data and disclose it outside your resident jurisdiction in accordance with this policy. In addition, your information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you have read this Policy, understand it, agree to its terms and consent to the transfer of such information outside your resident jurisdiction. If you do not agree to this policy, please do not use NUI SOCIAL websites.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future, we will post the policy changes to our Website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Website periodically. We will only use data collected after a policy has changed for the new purposes.
Personally identifiable information will be kept in active files or systems as long as needed to meet the purposes for which it was collected or as required to perform the contractual relationship with the Independent Affiliate and their up-line, and the commercial relationship with the Customer.
NUI SOCIAL will make reasonable efforts to ensure that the information is accurate and complete.
Third Party Links:
NUI SOCIAL may from time to time provide on its Website links to other websites. Those websites are not controlled by NUI SOCIAL and we are not responsible for any content contained on any such website. While we try to link only to sites that share our high standards and respect for privacy, NUI SOCIAL is not responsible for the privacy practices employed, or not employed, by other websites. We recommend that you review the privacy and security policies of each website you visit.
3.2.1 – Internet and Other Electronic Media
An Independent Affiliate may not use electronic media or other advertising of NUI SOCIAL or the NUI SOCIAL business opportunity on television, radio, social media, websites, or on any other Internet site without prior written approval from NUI SOCIAL. Compliance with this policy ensures an equal opportunity for all Independent Affiliates to succeed with NUI SOCIAL. Failure to receive prior written approval for electronic media advertising constitutes a material breach of these Policies and Procedures. Please send all such requests to the Compliance team at email@example.com.
3.2.2 – NUI SOCIAL SOCIAL MEDIA POLICY
We all share a great enthusiasm for NUI SOCIAL and the business opportunity that being a NUI SOCIAL Independent Affiliate offers. NUI SOCIAL encourages all Independent Affiliates 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, NUI SOCIAL has established the following policies that are intended to govern your conduct with regard to the use of social media websites in conducting your NUI SOCIAL business:
- NUI SOCIAL Independent Affiliates 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 Independent Affiliates shall clearly identify themselves as a “NUI SOCIAL Independent Affiliate.”
- In using a social media outlet in connection with any NUI SOCIAL activity, NUI SOCIAL Independent Affiliates must conduct themselves in keeping with the Agreement.
- NUI SOCIAL Independent Affiliates must clearly identify themselves as such when interacting with others via any social media outlet.
- NUI SOCIAL Independent Affiliates 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.
- NUI SOCIAL Independent Affiliates shall not post derogatory or negative comments about other persons, companies, or products of other companies.
- NUI SOCIAL Independent Affiliates shall at all times comply with the terms and conditions of usage for any social media sites or services used.
- NUI SOCIAL Independent Affiliates agree to indemnify NUI SOCIAL for any costs or damages it may incur from any legal proceedings that arise from the NUI SOCIAL Independent Affiliate’s deliberate or negligent improper use of social media sites or services.
- A NUI SOCIAL Independent Affiliate shall, upon request of NUI SOCIAL, remove any material deemed by NUI SOCIAL to be in breach of this policy.
PLEASE READ THESE TERMS (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. USING THE NUI SOCIAL WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE NUI SOCIAL WEB SITE.
Unless otherwise specified, the web sites and mobile applications (“Web Sites”) maintained by NUI SOCIAL and its affiliates and subsidiaries are for your personal use and are for informational purposes only. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from NUI SOCIAL Web Sites without express written permission from NUI SOCIAL. NUI SOCIAL authorizes you to view and download the materials on this Web Sites for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies of the materials (“Materials”). You may not modify the Materials on the Web Sites in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose without permission. For purposes of these Terms, any use of these Materials on any other website or networked computer environment for any purpose is prohibited. The materials on the Web Sites are copyrighted and any unauthorized use of any materials on the Web Sites may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use the Web Sites automatically terminates and you must immediately destroy any downloaded or printed materials.
The testimonials express the views of the author of the testimonial, not necessarily the views of NUI SOCIAL. Message content may or may not have been created by, verified by, or adopted by NUI SOCIAL.
No Unlawful or Prohibited Use:
As a condition of your use of the Web Sites, you warrant to NUI SOCIAL that you will not use the Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Sites in any manner which could damage, disable, overburden, or impair the Web Sites or interfere with any other party’s use and enjoyment of the Web Sites. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Web Sites.
Materials provided on the Web Sites are provided “as is”, without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. NUI SOCIAL specifically does not make any warranties or representations as to the accuracy or completeness of the Materials on the Web Sites. NUI SOCIAL may make changes to the Materials on the Web Sites, or to the products and prices described in them, at any time without notice. Information published on the Web Sites may refer to products, programs or services that are intended for use only in a specific country and may not be used or relied upon in any other country. The exclusions above shall apply to fullest extent allowed by any applicable laws, although the exclusion of implied warranties may not apply to you.
In no event will NUI SOCIAL, its suppliers, or third parties mentioned on this Web Site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Web Sites, or any web sites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Web Sites may contain links and references to third-party web sites. The linked sites are not under the control of NUI SOCIAL, and NUI SOCIAL is not responsible for the content of any linked site or any link contained in a linked site. NUI SOCIAL provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by NUI SOCIAL.
If the Web Sites contain bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and materials that are proper and related to the particular Forum. By way of example and not as a limitation, you agree that when using the Forums, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all consents therefore as may be required by law;
- Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- Falsify the origin or source of software or other material contained in a file that is uploaded;
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Forums and discussion groups are public and not private communications. Further, you acknowledge that chats, postings, conferences, e-mails and other communications by other users are not endorsed by NUI SOCIAL, and that such communications shall not be considered to have been reviewed, screened or approved by NUI SOCIAL. NUI SOCIAL reserves the right to remove, for any reason and without notice, any content of the Forums received from you, including, without limitation, email and bulletin board postings.
NUI SOCIAL reserves the right, in its sole discretion, to terminate your access to any or all NUI SOCIAL Web Sites and the related services or any portion thereof at any time, without notice.
Modification of the Agreement:
NUI SOCIAL may revise the Agreement at any time by providing an updated Agreement on its website. You should visit this page from time to time to review any amended Agreement because the amended Agreement is binding on you. Certain provisions of the Agreement may be superseded by expressly designated legal notices or terms located on specific pages at the Web Sites.
The Agreement is 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 the use of the NUI SOCIAL Web Sites or the enforcement or interpretation of the Agreement. Use of the NUI SOCIAL Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NUI SOCIAL because of this agreement or your use of the NUI SOCIAL Web Sites. NUI SOCIAL’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NUI SOCIAL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Sites or information provided to or gathered by NUI SOCIAL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and NUI SOCIAL with respect to the NUI SOCIAL Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NUI SOCIAL with respect to the Web Sites. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same condition as other business documents and records originally generated and maintained in printed form.
Copyright and Trademark Notices:
All contents of the NUI SOCIAL Web Sites are: Copyright © NUI SOCIAL 2016. 3521 N University Ave #225, Provo, UT 84604. NUI SOCIAL. All rights reserved.
NUI SOCIAL, and other words and product names referenced herein are either trademarks or registered trademarks of NUI SOCIAL. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
All rights not expressly granted herein are reserved.
3.2.4 – NUI SOCIAL Text-Direct Service Terms and Conditions
Please reference the NUI SOCIAL Text-Direct Service Terms and Conditions Policy.
3.3 – Proprietary Names and Intellectual Property Rights
An Independent Affiliate may not use NUI SOCIAL’s employee names, trademarks, service marks, trade dress or trade names, domain names, logos, NUI SOCIAL media or public relations events, or any distinctive phrases or sounds used by NUI SOCIAL to promote the Independent Affiliate’s business prior to receiving written permission from NUI SOCIAL. To protect the proprietary rights of NUI SOCIAL, an Independent Affiliate may not obtain through filing for a patent, trademark, Internet domain name, or copyright, any right, title, or interest in or to the names, domain names, trademarks, logos, or trade names of NUI SOCIAL and its products. As NUI SOCIAL changes or abandons any of its trade names or marks, an Independent Affiliate agrees to also change or abandon such trade names or marks. Should an Independent Affiliate possess or control any NUI SOCIAL intellectual property rights, or come into possession or control of said marks or other property, the Independent Affiliate agrees to assign such intellectual property rights without charge or delay to NUI SOCIAL.
3.4 – Promotional Material.
NUI SOCIAL may allow an Independent Affiliate to use NUI SOCIAL names, logos, or trademarks provided such use is in accordance with the Agreement. All NUI SOCIAL literature, audiotapes, videotapes, Internet website material, and programs are copyrighted by NUI SOCIAL and may be duplicated only by obtaining the prior written consent of NUI SOCIAL. Please send all such requests to the Compliance team at firstname.lastname@example.org for review.
3.5 – Income and Opportunity Claims
In their enthusiasm to enroll prospective Independent Affiliates, some Independent Affiliates are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive as new Independent Affiliates may become disappointed if their results are not as extensive or rapid as the results others have achieved. Moreover, the Federal Trade Commission and several states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. No unreasonable or misleading claims or intentional misrepresentation of earnings or potential income may be made by an Independent Affiliate. Income guarantees of any kind are prohibited as is the exhibition of actual or copies of Commission checks, earnings statements, bank statements, or tax records. Income representations must be honest, based on fact, and supported by proper documentation. In addition, income representations must include a disclaimer as follows: These earnings representations are not necessarily representative of the earnings, if any, that a NUI SOCIAL Affiliate can or will actually earn through the NUI SOCIAL Compensation Plan. The success of an Independent Affiliate depends on many factors including but not limited to his or her skill set, work effort, and desire to succeed. No earnings are guaranteed and an Independent Affiliate is not guaranteed to reach a certain compensation level.
3.6 – Independent Affiliate Incentive Programs
Independent Affiliates may offer incentive programs to their team and prospective Independent Affiliates of their team; however, Independent Affiliates may not publicly advertise such incentive programs because such advertisements may result in, direct or indirect, cross-sponsoring or other violations of the Agreement.
3.7 – Future Growth Claims
An Independent Affiliate shall not imply or assert that additional products or services will be added to the products and services currently offered by NUI SOCIAL, that enhancements to the NUI SOCIAL Compensation Plan are forthcoming, or that specific territories or areas will be opened or added to the NUI SOCIAL business operation unless or until the change or event has been officially announced in writing by NUI SOCIAL.
3.8 – Governmental Claims
An Independent Affiliate shall not state, suggest, or imply that the NUI SOCIAL Compensation Plan or its products or business opportunities are approved any state attorney general, federal, or state government authority or agency, or any other third party.
3.9 – Sale or Promotion of Non-NUI SOCIAL Product, Opportunities, or Materials
An Independent Affiliate shall not sell, promote, or advertise non-NUI SOCIAL product, opportunities, or materials that are competitive with NUI SOCIAL product, opportunities or materials, on Internet sites that offer the NUI SOCIAL opportunity or product, or at NUI SOCIAL functions to Independent Affiliates or customers. NUI SOCIAL functions include, but are not limited to conventions, meetings, seminars, teleconferences, webinars or similar events prepared by an Independent Affiliate of NUI SOCIAL for Independent Affiliates, prospective Independent Affiliates, or employees of NUI SOCIAL. Sales and/or recruiting in violation of this provision may constitute unfair competition against NUI SOCIAL and a breach of the Agreement. Such violation is subject to disciplinary action, up to and including termination of the Independent Affiliate account and other legal actions.
3.10 – Repackaging and Relabeling Product
Independent Affiliates may not repackage, re-label, refill, or alter the branding or labeling on any NUI SOCIAL product, information, material, or program in any way. NUI SOCIAL products or services must be sold or advertised in their original state.
3.11 – Fairs and Special Events
To enhance the reputation and high caliber of NUI SOCIAL products and services, an Independent Affiliate agrees to not display or advertise NUI SOCIAL products and services at swap meets, flea markets, garage sales, or any other similar events. Upon approval, an Independent Affiliate may display NUI SOCIAL products and/or services in a booth at state or county fairs, trade shows, or exhibits, but may not display competing products and/or services or products and/or services from any other direct- selling company with NUI SOCIAL product.
3.12 –Telephone Book and Directory Listings
All listings for telephone publications and/or other directory type services, should read as follows: “NUI SOCIAL Independent Affiliate” followed by the Independent Affiliate’s name, address, and telephone number. An Independent Affiliate may not display advertisements in telephone directories using the NUI SOCIAL name(s), logo(s), image(s), or product name(s), excluding such marks approved specifically for this purpose. An Independent Affiliate listing a toll-free telephone number may not use any NUI SOCIAL name(s), logo(s), or product name(s) for such listing. An Independent Affiliate agrees to not use 900 numbers, surcharge numbers, or other similar toll numbers for the purpose of marketing either the NUI SOCIAL Independent Affiliate opportunity or NUI SOCIAL products and services. An Independent Affiliate may not answer the telephone in any manner that would give callers a reason to believe they have reached the corporate headquarters or any other NUI SOCIAL company offices or company employee. Specifically, an Independent Affiliate shall NOT answer the telephone by saying “NUI SOCIAL” but shall answer indicating his or her status as an Independent Affiliate or member of NUI SOCIAL. Answering machines and voicemail, emails, faxes and all other forms of communication must also comply with this policy. Independent Affiliates who fail to comply with this policy are subject to disciplinary action as determined by NUI SOCIAL.
3.13 – Media Inquiries
In order to ensure accuracy and consistency of information, an Independent Affiliate who receives any inquiry from the press or other media regarding any aspect of NUI SOCIAL and its products and/or services should refer such inquiries to NUI SOCIAL at 385-312-0035.
3.14 – Company Recordings
An Independent Affiliate may not, without the prior written approval of NUI SOCIAL, produce for sale or distribution, in personal or business use, any audio, video, or other recording of NUI SOCIAL sponsored events, speeches, employees, or meetings. Neither may an Independent Affiliate produce or make available to others any company recordings without the express written permission of NUI SOCIAL. NUI SOCIAL reserves and retains all rights to said materials.
3.15 – Customer Complaints
An Independent Affiliate must timely report all customer complaints regarding the identity, quality, durability, reliability, safety, effectiveness, or performance of NUI SOCIAL products or devices to the NUI SOCIAL Compliance department by email to email@example.com.
3.16 – Indemnification
An Independent Affiliate is fully responsible for all of 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. Independent Affiliates agree 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 Independent Affiliate’s unauthorized representations or actions. This provision shall survive the termination of this Agreement.
Section 4 – Commissions & Bonuses
4.1 – Earnings and Beneficial Interest
Independent Affiliates are not permitted to earn commissions on more than one account, nor are Independent Affiliates permitted to have a beneficial interest in more than one account that is earning commissions. A beneficial interest is defined as the right to receive benefits on assets held by another party.
4.2 – Commission Payouts
Please refer to the NUI SOCIAL Compensation Plan for details on commission payouts.
4.2.1 – Pay Period.
Please reference the NUI SOCIAL Compensation Plan for specifics to commission and bonus calculations as well as payouts, and their respective time-lines.
4.2.2 – Unclaimed Commissions and Credits
Unclaimed Commissions are defined as Commissions that have not been paid as a result of a failure on the part of the Independent Affiliate 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 Independent Affiliates 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 Independent Affiliate 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.
4.3 – Ranks & Qualifications
Independent Affiliates should review the NUI SOCIAL Compensation Plan for information on what is required to reach each rank.
4.4 – Bonuses
All Independent Affiliates should refer to the NUI SOCIAL Compensation Plan for full information and explanation on bonuses.
An active Independent Affiliate can earn commission bonuses from the Rank & Share activity of the Independent Affiliates in his or her Team Building Structure, according to the tiers he or she is qualified for. An Independent Affiliate is eligible to receive commission bonuses from all Rank & Share activity from all Free Members he or she has personally enrolled.
All personal Rank & Share activity performed by Independent Affiliates, as well as Free Members, earns Divvee Reward Points which can be used in the Redemption Center. 4.4.4 No guarantee of Rank & Share activities NUI SOCIAL cannot and does not represent or warrant that it will provide a certain amount of Rank & Share activities, work, or any amount of commissions or bonuses to or for its Independent Affiliates or Free Members.
4.4.3 – Incentive Trips & Rewards
From time to time, NUI SOCIAL may provide incentive trips and other awards to qualified Independent Affiliates. These awards or trips may be based on qualification and Independent Affiliate performance and are provided only to the persons listed on a qualifying Independent Affiliate’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 Independent Affiliate agrees to indemnify and hold harmless NUI SOCIAL for any injury, loss or other damage sustained in association with the trip by the Independent Affiliate and/or its guests. The Independent Affiliate 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 Independent Affiliate and/or the Independent Affiliate’s guests. NUI SOCIAL may be required by law to include the fair market value of any incentive awards, trips, etc. on the Independent Affiliate’s end of the year tax report. The Independent Affiliate 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 Independent Affiliate 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 Independent Affiliate for any costs incurred by NUI SOCIAL or for any benefits unjustly received by the Independent Affiliate. 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.
4.5 – Redemption Center
The Redemption Center is the program available to Independent Affiliates and Free Members where Divvee Rewards Points may be exchanged for gifts. For specific Terms and Conditions referring the Redemption Center, please reference the NUI SOCIAL Redemption Center Terms and Conditions.
Section 5 – Breach of Agreement
5.1 – Policy Enforcement
NUI SOCIAL endeavors to enforce the Agreement on a uniform and nondiscriminatory basis; however, the failure of NUI SOCIAL to enforce any of the provisions of the Agreement with one Independent Affiliate does not waive the right of NUI SOCIAL to enforce any such provision(s) with that same Independent Affiliate or any other Independent Affiliate.
If an Independent Affiliate account position is inactive for any period of six (6) continuous months NUI SOCIAL reserves the right to refund the annual Independent Affiliate fee and terminate the corresponding account and Team Building Structure position.
5.2 – NUI SOCIAL Business Ethics
NUI SOCIAL honors all applicable Federal, state, and local laws and regulations governing good business practices. Independent Affiliates must adhere to the same ethical business practices. An Independent Affiliate agrees to comply with the Agreement, all obligations stated therein, and any applicable state and Federal laws. Any breach of violation of the Agreement may be deemed unethical, and grounds for disciplinary action, including termination, to protect NUI SOCIAL, its Independent Affiliates, and the integrity of the NUI SOCIAL. Examples of unethical behavior include, but are not limited to: 1) Cross-Recruiting; 2) Raiding another Independent Affiliate’s Team Building Structure; 3) Writing checks on insufficient funds to NUI SOCIAL; 4) Unauthorized use of another person’s credit card; 5) Credit card charge-backs; 6) Misrepresenting the NUI SOCIAL applications, products, or services, or NUI SOCIAL Compensation Plan; 7) Engaging in any deceptive or unlawful trade practice or other illegal or unlawful activity; 8) Creating or publishing advertising material without prior Company approval; 9) Any unauthorized use of the NUI SOCIAL names, trade names, domain names, patent information, trademarks, or logos; 10) Manipulating the NUI SOCIAL Compensation Plan; 11) Defaming, making libelous statements or impugning NUI SOCIAL, its applications, products, services, staff executives, vendors, clients, members, or other Independent Affiliates; and 12) any other breach of the Agreement.
5.3 – 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. The disciplinary process may involve any one step, or some or all of these steps:
- Informal warning. The Independent Affiliate may be notified verbally or in writing that the Independent Affiliate is in violation of the Agreement.
- Formal 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.
- Probation. An Independent Affiliate may be placed on probation for violating the Agreement. The length and conditions of the probation may vary, depending upon the circumstances, but may include the denial of access to his or her Team Building Structure, Lists, the virtual office, any NUI SOCIAL websites or other restrictions.
- 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 the Agreement, and a suspension may last for a period of days or months, depending on each circumstance. Independent Affiliates may also be suspended during investigation of potential violations or breaches of the agreement. In the event of a suspension, a suspension letter will be sent to the Independent Affiliate. This notice will list actions the Independent Affiliate must take in order for NUI SOCIAL to revoke the suspension, or the issues being investigated. 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 may be necessary or requested by NUI SOCIAL. 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 time period outlined in the suspension letter. Suspended Independent Affiliates are not eligible to receive compensation, earned or otherwise, 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.
- Termination. When a decision is made to protect NUI SOCIAL and other Independent Affiliates and/or customers by terminating an Independent Affiliate for cause, NUI SOCIAL will send notification of the date of termination by mail to the terminated Independent Affiliate at the most recent address on file. Upon termination, the Independent Affiliate shall immediately cease all Independent Affiliate activities and return all Lists to NUI SOCIAL.
5.4 – Disciplinary Termination
An Independent Affiliate may be terminated at any time by NUI SOCIAL for cause. An Independent Affiliate agrees that NUI SOCIAL has the right to take quick and decisive action in limiting or terminating an Independent Affiliate that is found in violation of the Agreement or any state or federal laws, statutes, and/or regulations that pertain to NUI SOCIAL. NUI SOCIAL also reserves the right to pursue reasonable legal recourse for any such violations, as well as reimbursement from the Independent Affiliate for any expenses arising from the violation, including court costs and attorneys’ fees. Any Independent Affiliate who is terminated under this clause must perform the acts described in the Agreement regarding the surrender or destruction of any and all Lists and/or other intellectual property owned by NUI SOCIAL. The confidentiality terms in the Agreement survive an Independent Affiliate’s termination.
5.5 – 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. NUI SOCIAL 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 firstname.lastname@example.org.
NUI SOCIAL reserves the right to enforce any additional policies in regards to violation of the Agreement.
5.6 – Termination Results
Whether an Independent Affiliate of NUI SOCIAL is terminated through voluntary resignation or through involuntary termination by NUI SOCIAL, 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. Involuntarily 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 reflects consideration and serves the best interests of NUI SOCIAL, as well as the interests of any affected Independent Affiliates. An Independent Affiliate who has been terminated for cause may not reapply as a NUI SOCIAL Independent Affiliate for one year following the date of termination.
Under penalties of perjury, by clicking “I Agree,” I certify that:
- The information submitted is correct.
- I am not an exempt payee (generally, individuals, sole proprietors are not exempt from backup withholding).
- The IRS has not notified me that I am currently subject to backup withholding.
- I am a U.S. citizen or U.S. resident alien (individual/sole proprietor).
- I consent to the use of electronic records and have read, understand and agree to the Agreement.