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eCosway Statement
Of Policies and Procedures
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1 |
SECTION -
INTRODUCTION |
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1.1 |
Policies and Profit Plan
Incorporated into Business Owner Agreement These
Policies and Procedures, in their present form and as amended
at the sole discretion of eCosway.com Sdn Bhd (509213-A)
(hereinafter "eCosway" or the "Company"), are incorporated
into, and form an integral part of, the eCosway Business Owner
Agreement. Throughout these Policies and Procedures, when the
term "Agreement" is used, it collectively refers to:
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a)
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the eCosway Business Owner
Agreement,
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b)
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these Policies and Procedures; and
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c)
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the eCosway Profit Plan.
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These documents are incorporated
by reference into the eCosway Business Owner Agreement (in its
current form and as amended by eCosway). It is the
responsibility of each Business Owner to read, understand,
adhere to, and ensure that he or she is aware of and operating
under the most current version of these Policies and
Procedures.
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1.2 |
Purpose of Policies
eCosway is a global shopping mall that markets products and
services (collectively referred to herein as "merchandise")
through Business Owners. It is important to understand that the
success of a Business Owner and the success of fellow Business
Owners is dependent upon the integrity of the men and women who
market eCosway merchandise. To clearly define the relationship
that exists between Business Owners, Shoppers, and eCosway, and
to explicitly set a standard for acceptable business conduct,
eCosway has established the Agreement. eCosway
Business Owners are required to comply with all of the Terms
and Conditions set forth in the Agreement which eCosway may
amend at its sole discretion from time to time, as well as all
national, federal, state, provincial, territorial, and local
laws governing their eCosway business and their conduct.
Because Business Owners may be unfamiliar with many of these
standards of practice, it is very important that each Business
Owner reads and abides by the Agreement. Please review the
information in this manual carefully. It explains and governs
the relationship between each Business Owner who is an
independent contractor and the Company.
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1.3 |
Changes to the Agreement Because
national, federal, state, provincial, territorial, and local
laws, as well as the business environment, periodically change,
eCosway reserves the right to amend the Agreement, the pricing
and eVolume of its merchandise in its sole and absolute
discretion. By becoming a Business Owner, the Business Owner
Agreement automatically binds such Business Owner and he/she
agrees to abide by all amendments or modifications that eCosway
elects to make. Amendments shall be effective upon notice to
all Business Owners that the Agreement has been modified.
Notification of amendments shall be published in official
eCosway material. The Company shall provide or make available
to all Business Owners a complete copy of the amended
provisions by one or more of the following methods: (1) posting
on the Company's official website or (2) electronic mail
(e-mail). The continuation of a Business Owner's eCosway
business, or a Business Owner's acceptance of earnings
constitutes acceptance of any and all amendments.
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1.4 |
Delays eCosway
shall not be responsible for delays or failures in performance
of its obligations when performance is made commercially
impractical due to circumstances beyond its reasonable control.
This includes, without limitation, strikes, labor difficulties,
riot, war, fire, death, curtailment of a party's source of
supply, government decrees or orders, or technical difficulties
(e.g., computer failures, inoperative telephone lines, etc.).
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1.5 |
Policies and
Provisions Severable 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.
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1.6 |
Waiver The Company
never gives up its right to insist on compliance with the
Agreement and with the applicable laws governing the conduct of
a business. No failure of eCosway to exercise any right or
power under the Agreement or to insist upon strict compliance
by a Business Owner 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
eCosway's right to demand exact compliance with the Agreement.
Waiver by eCosway can be effected only in writing by an
authorized officer of the Company. eCosway's waiver of any
particular breach by a Business Owner shall not affect or
impair eCosway's rights with respect to any subsequent breach,
nor shall it affect in any way the rights or obligations of any
other. Nor shall any delay or omission by eCosway to exercise
any right arising from a breach affect or impair eCosway's
rights as to that or any subsequent breach.
The existence of any claim or cause of action of a
Business Owner against eCosway shall not constitute a defense
to eCosway's enforcement of any term or provision of the
Agreement.
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2 |
SECTION - BECOMING A
BUSINESS OWNER
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2.1 |
Requirements to Become a
Business Owner To become an eCosway Business Owner,
each applicant must:
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a)
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Be of the age of majority in his
or her country, state, province, or territory of residence;
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b)
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Have a valid form of
identification acceptable for opening a bank account (e.g.,
government-issued identification card, etc.) for his or her
country, state, province, or territory of residence if
applicable;
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c)
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Pay the Registration Fee and
Annual Access Fee; and
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d)
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Submit a properly completed
Business Owner Application and Agreement to eCosway.
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The Company reserves the right to
reject any Business Owner Application without cause or
explanation.
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2.2 |
New Business Owner
Registration by Online Enrollment A prospective
Business Owner may enroll online, or at the nearest eCenter (if
applicable). Upon the successful submission of the Business
Owner Application and Agreement, the prospective Business Owner
will be accepted as a new Business Owner and will receive a
Business Owner Identification Number ("ID") by which the
Business Owner will be identified.
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2.3 |
Business Owner Benefits Once
a Business Owner Application and Agreement has been accepted by
eCosway, the benefits of the Profit Plan and the Business Owner
Agreement are available to the new Business Owner. These
benefits include the right to:
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a)
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Purchase and retail eCosway
merchandise via eCosway stores (where applicable);
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b) |
Participate in
eCosway's Business Ownership Support System (B.O.S.S.); |
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c)
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Participate in the eCosway Profit
Plan (and receive earnings, if eligible);
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d)
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Introduce other individuals as
Shoppers or Business Owners into eCosway, build a business
network and benefit from the eCosway Profit Plan;
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2.4 |
Renewal of Your eCosway
Business The term of the Business Owner Agreement is
one year from the month of its acceptance by eCosway. Business
Owners must renew their Business Owner Agreement each year and
pay an annual access fee as determined and announced by
eCosway, on or before the anniversary month of their Business
Owner Agreement. (All mentions of and references in these
Policies and Procedures to "Dollars" or "$" are to U.S.
Dollars.) If the annual access fee is not paid on or before the
expiration of the current term of the Business Owner Agreement,
the Business Owner Agreement will be cancelled. Business Owners
may elect to utilize the Automatic Renewal Program ("ARP").
Under the ARP, the access fee may be deducted from the Business
Owner's eAccount (if sufficient funds are available) on or
before the anniversary month of the Business Owner Agreement.
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3. |
SECTION - OPERATING AN
eCOSWAY BUSINESS
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3.1 |
Adherence to the eCosway
Profit Plan Business Owners must adhere to the terms
of the eCosway Profit Plan as set forth in official eCosway
material. Unless a Business Owner has received express written
approval from eCosway, a Business Owner shall not offer the
eCosway opportunity through, or in combination with, any other
system, program, or method of marketing other than that
specifically set forth in official eCosway material. Business
Owners shall not require or encourage other current or
prospective Business Owners or Shoppers to participate in
eCosway in any manner that varies from the program as set forth
in official eCosway material. Business Owners shall not require
or encourage other current or prospective Shoppers or Business
Owners to execute any agreement or contract other than official
eCosway agreements and contracts in order to become an eCosway
Business Owner. Similarly, Business Owners shall not require or
encourage other current or prospective Business Owners or
Shoppers to make any purchase from, or payment to, any
individual or other entity to participate in the eCosway Profit
Plan other than those purchases or payments identified as
recommended or required in official eCosway material.
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3.2 |
Advertising
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3.2.1 |
In General All
Business Owners shall safeguard and promote the good reputation
of eCosway and its merchandise. The marketing and promotion of
eCosway, the eCosway opportunity, Profit Plan, and eCosway
merchandise shall be consistent with the public interest, and
must avoid all discourteous, deceptive, misleading, unethical
or immoral conduct or practices. To promote
both the merchandise, and the tremendous opportunity eCosway
offers, Business Owners should use the sales aids and support
materials produced or approved by eCosway. The rationale behind
this requirement is simple. eCosway has carefully selected its
merchandise, designed the Profit Plan and promotional materials
to ensure that each aspect of eCosway is fair, truthful,
substantiated, and complies with the vast and complex legal
requirements of national, federal, state, provincial,
territorial, or local laws. If eCosway Business Owners were
allowed to develop their own sales aids and promotional
materials (which includes Internet advertising) without Company
approval, notwithstanding their integrity and good intentions,
the likelihood that they would unintentionally violate any
laws, statutes or regulations affecting the eCosway business is
almost certain. These violations, although they may be
relatively few in numbers, would jeopardize the eCosway
opportunity for all Business Owners. Accordingly, Business
Owners must submit all written sales aids, promotional
materials, advertisements, and other literature (including
proposed Internet advertising) to the Company for prior
approval. Unless the Business Owner receives specific written
approval to use the material, the request shall be deemed
denied. Business Owners may develop, produce, and utilize sales
aids, promotional materials, advertisements, and other
literature without prior written Company's approval, if and
only if, they contain no direct or indirect references to
eCosway, or its Profit Plan, merchandise, trademarks, trade
names, service marks, service names, websites, URLs, or any
other type of identifying information.
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3.2.2 |
Anti-Spam Policy To
protect the interests of all of our Shoppers and Business
Owners, eCosway has adopted a ZERO-TOLERANCE stance on spam and
inappropriate advertising. Any Business Owner or Shopper caught
spamming or inappropriately advertising to promote eCosway
business will be immediately terminated from the organization.
If a Business Owner is terminated for spamming, he or she will
lose all Business Owner privileges, be forfeited of any unpaid
monies, all reserves of Value Points (VPs), Card Value Points
(CVPs), Redemption Points (RPs), eVolume (eV) and Qualification
Units (QUs) and lose his or her business network. If a Shopper
is terminated for spamming, he or she will lose all Shopper
privileges, be forfeited of all Value Points (VPs) and lose his
or her Shopper referrals. If the spamming activities result in
any damage or cause any of the eCosway websites, domains,
servers or activities to be interrupted from normal operation,
the Business Owner or Shopper will be held liable for damages
and loss of business.
There is no consistently applied definition of "spam"
at this time. Some people insist that only unsolicited
commercial email (UCE) sent in bulk is spam, but many
individuals and anti-spam organizations feel that any email
sent to someone who has not chosen to receive that email is
spam. For the purposes of this policy, eCosway will consider
the following activities done in the following situation as
spamming and in violation of our policy:
Specifically, eCosway Business Owners and Shoppers are
prohibited from doing the following activities:
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Using the words Cosway or
e-Cosway (even when contained within another word such as
MyCosway or eCoswayNow etc.).
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Using derivative spellings of
these words (such as e-Cosway, eeCosway or Causeway or
ezcosway).
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Referring to Cosway or eCosway.
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Linking to any of the eCosway
URLS or websites* (see list).
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Linking to a site which
subsequently links to an eCosway URL or website.
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Using a "pointer page" or
"redirect link" which ends up on any eCosway website.
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Transmitting any information
which directly or indirectly implies eCosway involvement.
... in any of the following situations:
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While violating any local,
state, federal or international laws including those
regarding UCE-unsolicited commercial email.
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In a website address.
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In a classified advertisement
of any sort (except as specifically allowed by eCosway).
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In a signature file (except as
specifically allowed by eCosway).
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In any email to any person or
prospect who has not specifically requested the information
or given you permission to send it.
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In any email sent to a bulk
list including "safe lists", "cleaned list", "purchased
list", and lists copied from the "send to" area of emails
sent to you.
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In any email sent as a response
to someone who has posted a message, placed a classified
advertisement, or sent you an unsolicited email.
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In any email sent without a
valid return email address that the recipient can reply to.
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In any email which uses a false
or misleading name, a false or misleading heading, a false or
misleading header, a false or misleading subject line, or any
other false or misleading information.
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While communicating in a chat
room without first getting permission or a request.
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While communicating with
someone via an instant messaging system (such as ICQ, Yahoo,
IM etc.) without first getting permission or a request for
more information from that other person.
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While posting to any forum,
usenet or other newsgroup, majordomo list, bulletin board,
discussion list, or other similar groups or lists on the
Internet.
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In any online or printed
materials that are not pre-approved by eCosway.
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In any materials which are
distributed on private property or in any other place or
manner which is prohibited by individuals, entities, or by
law.
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Any subsequent URLs or domains
used by or reserved for use by eCosway.
*The URLs ("Universal Resource
Locators") or more commonly known as "website addresses" and
domains that you are prohibited from referencing or linking to,
directly or indirectly, with or without attaching a Business
Owner/Shopper ID, may include but not limited to the following:
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www.eCosway.com
www.MakeMoneyStayingHome.com
www.AmazingOneDollarAuction.com
www.HexagonLivingWater.com www.PartnerMerchants.com
www.ChargeAndEarn.com
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3.2.3 |
Unsolicited Faxes Except
as provided in this section, Business Owners may not use or
transmit unsolicited faxes relative to the operation of their
eCosway businesses. The terms "unsolicited faxes" means the
transmission via telephone facsimile of any material or
information advertising or promoting eCosway, its merchandise,
its Profit Plan or any other aspect of the Company which is
transmitted to any person, except that these terms do not
include a fax: (a) to any person with that person's prior
express invitation or permission; or (b) to any person with
whom the Business Owner has an established business or personal
relationship. The term "established business or personal
relationship" means a prior or existing relationship formed by
a voluntary two-way communication between a Business Owner and
a person, on the basis of: (a) an enquiry, application,
purchase or transaction by the person regarding merchandise
offered by such Business Owner; or (b) a personal or familial
relationship which relationship has not been previously
terminated by either party.
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3.2.4 |
Telemarketing Techniques The
use of any automated telephone solicitation equipment or
"boiler-room" tactics in connection with the marketing or
promotion of eCosway, its merchandise or the opportunity is
strictly prohibited. For the purposes of this section, the term
" boiler room tactics" includes high-pressure promotional
tactics that have the effect of creating an artificially short
period in which a prospect must make a decision or that are
designed to overcome a prospect's reluctance to join eCosway,
including:
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a)
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the use of intensive telephone
campaigns or unsolicited calls to persons who are not known by
or who do not have a prior relationship with the caller and in
which the person is encouraged to make a hasty decision to join
eCosway without regard to the person's needs and objectives;
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the use of scripts designed to
meet the prospect's objections;
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c)
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repeated phone calls;
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phone calls designed to entrap
the prospect;
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e)
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threatening tones on the
telephone informing the prospect that there is little time
within which to make a decision.
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3.2.5 |
Websites, Domain
Names, and Email Addresses Business Owners shall not
use, register, or attempt to register the word "eCosway,"
"Cosway" or any of eCosway's trade names, trademarks, service
names, service marks, merchandise names, or any derivative
thereof, in any domain name, on any website, in any email
address, on any blog site or in any nickname, or in the HTML
code or meta-tags of any non-eCosway website not pre-approved
by eCosway. Business Owners are also prohibited from linking to
any eCosway domain or website from any non-eCosway website. If
a Business Owner desires to use the word "eCosway" or "Cosway"
on a website, or if a Business Owner wishes to link to eCosway
from a website that the Business Owner creates, he or she must
first contact eCosway for permission and written approval to do
so. No Business Owner may use, incorporate, or attempt to
incorporate the word "eCosway," "Cosway," or any of eCosway's
trade names, trademarks, service names, service marks, product
names, or any derivative thereof, into any electronic mail
address or signature files.
If a Business Owner desires to utilize an Internet
webpage to promote his or her business, he or she may do so
through the Company's official website, using official eCosway
templates. Alternatively, Business Owners may develop their own
website, however, any Business Owner who does so must ensure
that such website contains no direct or indirect references to
eCosway, or its Profit Plan, merchandise, trademarks, service
marks, websites, URLs, or any other type of identifying
information. Business Owners who develop or publish their own
websites must register their site(s) with the Company and
receive written approval from the Company prior to the site(s)
public availability. Business Owners must also notify the
Company whenever any changes or modifications are made to the
site(s). The failure to register or notify the Company of
subsequent changes or modifications constitutes a material
breach of these policies and procedures.
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3.2.6 |
Trademarks and Copyrights
eCosway will not allow the use, for any purpose, of
its trade names, trademarks, services names, service marks,
product names, URLs, website addresses, designs, or symbols by
any person, including an eCosway Business Owner, without its
prior written permission. Business Owners do not need to obtain
prior written permission to use the above-mentioned items if
the Business Owner is using eCosway's official material for the
purpose of eCosway related business.
Business Owners may not produce for sale or
distribution any recorded Company events or speeches without
written permission from eCosway nor may a Business Owner
reproduce for sale or for personal use any recording of
Company-produced audio or video tape presentations.
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3.2.7 |
Website
Proprietary Rights Business Owners agree that the
eCosway Websites contain information, data, photographs, graphs,
software, videos, text, typefaces, graphics, designs, music,
sound, and other material (collectively "Intellectual Property")
that are protected by copyrights, patents, trademarks, trade
secrets, or other proprietary rights and that these rights are
valid and protected in all forms and technologies, existing now
or hereafter developed. Business Owners agree that they shall
not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works
from, distribute, perform, display, or in any way exploit any of
the Intellectual Property or the sites, in whole or in part.
To the extent necessary to lawfully access and use the eCosway Websites, and provided there are no specific restrictions displayed, Business Owners may display, download, archive, and print in hard copy portions of the Websites for the Business Owner's personal use only. In so doing so, a Business Owner may not modify the materials and must retain all copyright and other proprietary notices contained in the materials.
Business Owners may not remove or mirror any material
contained on any eCosway Website without the prior written
permission of eCosway. Business Owners agree that they will not
copy, disassemble, de-compile, or reverse engineer any part of
the eCosway Websites. Business Owners further agree that they
will not otherwise attempt to obtain or learn the source code,
structure, algorithms, or ideas underlying such sites.
Any violation of this Section shall constitute a
material violation of the Business Owner Agreement. The
restrictive terms of this Section 3.2.7 shall survive the
termination of the Business Owner Agreement. |
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3.2.8 |
Media and Media Inquiries
Business Owners must not attempt to respond to media
inquiries regarding eCosway, its merchandise, or their
independent eCosway business. All inquiries by any type of
media must be immediately referred to eCosway. This policy is
designed to assure that accurate and consistent information is
provided to the public as well as a proper public image.
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3.3 |
Fraudulent Enrollment "Fraudulent
Enrollment" includes: (a) the enrollment of individuals or
entities without the knowledge of and/or execution of a
Business Owner Application and Agreement by such individuals or
entities; or (b) the enrollment or attempted enrollment of
non-existent individuals or entities as Business Owners or
Shoppers ("phantoms"). Fraudulent enrollment constitutes a
material breach of these Policies and Procedures and is
strictly and absolutely prohibited.
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3.4 |
Changes to the eCosway
Business
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3.4.1
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In General Each
Business Owner must immediately notify eCosway of all changes
to the information contained on his or her Business Owner
Application and Agreement. Business Owners may modify their
existing Business Owner Agreement (i.e., change in name due to
marriage, adopting a new name, change of bank account or
personal identification, change of government identification
number, or change the form of ownership from an individual
proprietorship to a business entity owned by the Business
Owner) by submitting a completed "Change in Particulars Form"
provided online together with appropriate supporting
documentation to eCosway.
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3.4.2 |
Cancellation and
Re-application A Business Owner may cancel his or her
eCosway business by submitting his or her cancellation request
in writing to the Company. Following a 6 months period of
inactivity from the date of cancellation, the former Business
Owner may reapply under a different branch or network.
In the event that a Business Owner's business is
cancelled due to non-renewal of his or her business, the said
Business Owner may immediately reapply under a different branch
or network, subject to any condition that may be put in place
by the Company.
The prescribed fees are generally not refundable upon
cancellation of the Business Owner Agreement. However, a refund
of the prescribed fees will be allowed provided that the
cancellation is effected within fourteen (14) calendar days
from the date of enrollment.
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3.5 |
Unauthorized Claims and
Actions
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3.5.1 |
Indemnification A
Business Owner is fully responsible for all of his or her
verbal and written statements made regarding eCosway
merchandise, and the Profit Plan which are not expressly
contained in official eCosway material. Business Owners agree
to indemnify eCosway and eCosway's directors, officers,
employees and agents, and hold them harmless from any and all
liability including civil penalties, refunds, attorney fees,
court costs, or loss of business suffered by eCosway as a
result of the Business Owner's unauthorized representations or
actions. This provision shall survive the termination of the
Business Owner Agreement.
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3.5.2 |
Product Claims No
claims (which include personal testimonials) as to therapeutic,
curative or beneficial properties of any merchandise offered by
eCosway may be made except those contained in official eCosway
material. In particular, no Business Owner may make any claim
that eCosway merchandise are useful in the cure, treatment,
diagnosis, mitigation or prevention of any diseases. Such
statements can be perceived as medical or drug claims. Not only
are such claims violative of eCosway policies, but they
potentially violate national, federal, state, provincial,
territorial or local laws and regulations.
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3.5.3 |
Income Claims In
their enthusiasm to enroll prospective Business Owners, some
Business Owners are occasionally tempted to make income claims
or earnings representations to demonstrate the inherent power
of network marketing. This is counterproductive because new
Business Owners may become disappointed very quickly if their
results are not as extensive or as rapid as the results others
have achieved. At eCosway, we firmly believe that the eCosway
income potential is great enough to be highly attractive,
without reporting the earnings of others.
Moreover, many countries, states, provinces and
territories have laws or regulations that regulate or even
prohibit certain types of income claims and testimonials made
by persons engaged in network marketing. While Business Owners
may believe it to be beneficial to provide copies of Business
Status Reports, or to disclose the earnings of themselves or
others, such approaches have legal consequences that can
negatively impact eCosway as well as the Business Owner making
the claim unless appropriate disclosures required by law are
also made contemporaneously with the income claim or earnings
representation. Because eCosway Business Owners do not have the
data necessary to comply with the legal requirements for making
income claims, a Business Owner, when presenting or discussing
the eCosway opportunity or Profit Plan to a prospective
Business Owner, shall not make income projections, income
claims or disclose his or her eCosway income or Business Status
Report (including the showing of bank statements or tax
records). Hypothetical income examples that are used to explain
the operation of the Profit Plan, and which are based solely on
mathematical projections, may be made to prospective Business
Owners, so long as the Business Owner who uses such
hypothetical examples makes clear to the prospective Business
Owner(s) that such earnings are hypothetical.
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3.6 |
Conflicts of Interest
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3.6.1 |
Nonsolicitation eCosway
Business Owners may participate in other direct selling or
network marketing or multilevel marketing ventures
(collectively "network marketing"), and Business Owners may
engage in selling activities related to non-eCosway merchandise
if they desire to do so. However, if a Business Owner elects to
participate in another network marketing opportunity, in order
to avoid conflicts of interest and loyalties, Business Owners
are prohibited from Unauthorized Introduction, which includes
the following:
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a)
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During the term of this
Agreement, any actual or attempted introduction or enrollment
of eCosway Business Owners for other network marketing business
ventures (except Cosway), either directly or through a third
party. This includes, but is not limited to, presenting or
assisting in the presentation of other network marketing
business ventures (except Cosway) to any eCosway Business
Owner, or implicitly or explicitly encouraging any eCosway
Business Owner to join other business ventures. Because there
is an extreme likelihood that conflicts will arise if a
Business Owner operates two network marketing programs, it is
the Business Owner's responsibility to first determine whether
a prospect is an eCosway Business Owner before introducing or
enrolling the prospect for another network business venture.
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b)
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For a period of six months
following the cancellation of a Business Owner Agreement, the
former Business Owner may not introduce any eCosway Business
Owner for another network marketing program (except Cosway).
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3.6.2 |
Business Status Reports Business
Status Reports are available for Business Owners' access and
viewing at eCosway's official website. Access to online
Business Status Reports is password protected. All
Business Status Reports and the information contained therein
are confidential and constitute proprietary information and
business trade secrets belonging to eCosway. Business Status
Reports are provided to Business Owners in strictest confidence
and are made available to Business Owners for the sole purpose
of assisting Business Owners in working with their respective
branch network in the development of their eCosway business.
Business Owners should use their Business Status Reports to
assist, motivate, and train other Business Owners in their
branch network. The Business Owner and eCosway agree that if
Business Owner did not agree to these terms of confidentiality
and nondisclosure, eCosway would not provide Business Status
Reports to the Business Owner. A Business Owner shall not, on
his or her own behalf, or on behalf of any other person,
partnership, association, corporation or other entity:
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a)
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Use the information to compete
with eCosway or for any purpose other than promoting his or her
eCosway business; or
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b)
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Introduce or solicit any Business
Owner of eCosway listed on any report, or in any manner attempt
to influence or induce any Business Owner of eCosway, to alter
his or her business relationship with eCosway.
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Upon demand by the Company, any
current or former Business Owner will return the original and
all copies of Business Status Reports to the Company.
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3.7 |
Errors or Questions If
a Business Owner has questions about or believes any error has
been made regarding earnings, Business Status Reports, or
charges, the Business Owner must notify eCosway in writing via
email within 60 days of the date of the purported error or
incident in question. eCosway will not be responsible for any
errors, omissions or problems not reported to it within 60
days.
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3.8 |
Excess Inventory Purchases
Prohibited Business Owners are not required to carry
inventory of merchandise or sales aids. Business Owners who do
so may find making retail sales and building a branch network
somewhat easier because of the decreased response time in
fulfilling Shopper orders or in meeting new Business Owner's
needs. Each Business Owner must make his or her own decision
with regard to these matters.
eCosway strictly prohibits the purchase of merchandise
in unreasonable amounts primarily for the purpose of qualifying
for earnings or advancement in the Profit Plan. Business Owners
may not purchase more inventory than they can reasonably resell
or consume in a month nor may they encourage others to do so.
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3.9 |
Governmental Approval or
Endorsement The majority of national, federal, state,
provincial, territorial, or local regulatory agencies or
officials do not engage in the approval or endorsement of any
direct selling or network marketing companies or programs.
Therefore, Business Owners shall not represent or imply that
eCosway or its Profit Plan have been "approved," "endorsed" or
otherwise sanctioned by any government agency, unless the
Company or the Profit Plan have been so approved or officially
sanctioned by such an agency.
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3.10 |
Holding Applications or
Orders Business Owners must not manipulate
enrollments of new Business Owners, or purchases of
merchandise. The holding of applications or orders constitutes
"stacking." The term "stacking" includes: (a) the failure to
transmit to eCosway, or the holding of a Business Owner
Application and Agreement, in excess of twenty-four (24) hours
after the time any funds are or credit card information is
provided by the new Business Owner (unless the transmission of
a Business Owner Application and Agreement is not possible due
to the contingencies set forth in Section 1.4); (b) the
placement or manipulation of Business Owner Applications and
Agreements for the purpose of maximizing earnings pursuant to
eCosway's Profit Plan; or (c) providing financial assistance to
new Business Owners for the purpose of maximizing earnings
pursuant to eCosway's Profit Plan. Stacking constitutes a
material breach of these Policies and Procedures and is
strictly and absolutely prohibited.
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3.11 |
Identification A
Business Owner shall provide the official Identification Number
which his or her bank will accept for the opening of bank
account in the country in which the Business Owner resides.
This information must be provided to eCosway via the Business
Owner Application and Agreement.
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3.12 |
Income Taxes Every
year, eCosway will provide appropriate income tax reports to
residents of countries that require such reports. Each Business
Owner is responsible for paying national, federal, state,
provincial, territorial or local taxes on any income generated
as a Business Owner.
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3.13 |
Independent Contractor
Status Business Owners are independent contractors
and are not purchasers of a franchise or a business
opportunity. The agreement between eCosway and its Business
Owners does not create an employer/employee relationship,
agency, partnership, or joint venture between the Company and
the Business Owner. Business Owners shall not be treated as an
employee for his or her services or for national, federal,
state, provincial, territorial, or local tax purposes. All
Business Owners are responsible for paying national, federal,
state, provincial, territorial, or local taxes due from all
profits and incentives earned as a Business Owner of the
Company. The Business Owner has no authority (expressed or
implied), to bind the Company to any obligation. Each Business
Owner shall establish his or her own goals, hours, and methods
of sale, so long as he or she complies with the terms of the
Business Owner Agreement, these Policies and Procedures, and
applicable laws.
The name of eCosway and other names as may be adopted
by eCosway are proprietary trade names, trademarks and service
marks of eCosway. As such, these marks are of great value to
eCosway and are supplied to Business Owners for their use only
in an expressly authorized manner. Use of eCosway name on any
item not produced by the Company is prohibited except as
follows:
Business
Owner's Name
Business Owner
All Business Owners may list themselves as an "eCosway
Independent Business Owner" in the white or yellow pages of the
telephone directory under their own name, however, neither this
phrase nor any other verbiage identifying eCosway may be used
in any email signature file. No Business Owner may place
telephone directory display advertisement using eCosway's name
or logo. Business Owners may not answer the telephone by saying
"eCosway", or in any other manner that would lead the caller to
believe that he or she has reached corporate offices of
eCosway.
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3.14 |
Adherence to Laws and
Ordinances
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3.14.1 |
Local Ordinances Some
countries, states, provinces, territories, counties, and cities
have laws regulating certain home-based businesses. In most
cases these laws are not applicable to Business Owners because
of the nature of their business. However, Business Owners must
obey those laws that do apply to them. If a governmental
official tells a Business Owner that a law, regulation, or
ordinance applies to him or her, the Business Owner shall be
polite and cooperative, and immediately send a copy of the
ordinance to eCosway.
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3.14.2 |
Compliance with National,
Federal, State, Provincial, Territorial, or Local Laws Business
Owners shall comply with all national, federal, state,
provincial, territorial, or local laws and regulations in the
conduct of their businesses.
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3.15 |
Minors A person
who is recognized as a minor of age in his or her country or
state of residence may not be an eCosway Business Owner.
Business Owners shall not enroll or introduce minors into the
eCosway program.
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3.16 |
Multiple eCosway
Businesses A Business Owner may operate or have an
ownership interest, legal or equitable, as a sole
proprietorship, partner, shareholder, trustee, or beneficiary,
in only one eCosway business unless the Business Owner
previously enrolled with a multiple ID option as allowed by
eCosway and registered the different IDs with the same account
profile. No individual may have, operate or receive earnings
from more than one eCosway business in any other manner except
in the allowed configuration of the allowed business IDs
sharing one profile. Exceptions to this rule will be considered
on a case-by-case basis in certain cases (e.g., a Business
Owner who receives an interest in another business through
inheritance). Requests for exceptions to policy must be
submitted in writing to eCosway.
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3.17 |
Re-packaging and
Re-labeling Prohibition Business Owners may not
re-package, re-label, refill or alter the labels on any eCosway
merchandise, information, materials or programs in any way.
eCosway merchandise must be sold in their original containers
only. Such re-labeling or re-packaging would likely violate
national, federal, state, provincial, territorial or local
laws, which could result in severe criminal penalties. Business
Owners should also be aware that civil liability can arise
when, as a consequence of the re-packaging or re-labeling of
merchandise, the persons using the merchandise suffer any type
of injury or their property is damaged.
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3.18 |
Requests for Records In
the event that a report, document or record is available
online, a Business Owner should download and print it from the
eCosway system. Any request from a Business Owner to eCosway
for copies of invoices, applications, Business Status Reports
or other records will be available for a fee. This fee covers
the expense of mailing and time required to research files and
make copies of the records.
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3.19 |
Roll-up of Business
Network When a vacancy occurs in a business network
due to the termination of a Business Owner, the branches which
are directly linked to the terminated Business Owner will be
moved up to the Business Owner who is linked directly above the
terminated Business Owner. For example, if A introduces B, and
B introduces C1, C2 and C3, if B terminates his or her
business, C1, C2 and C3 will "roll-up" to A and become A's
immediate branches. This roll-up process will also apply to the
network of Shoppers which is linked to the terminated Business
Owner.
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3.20 |
Sale, Transfer or
Assignment of eCosway Business Although an eCosway
business is a privately owned, independently operated business,
the sale, transfer or assignment of an eCosway business is
subject to certain limitations. If a Business Owner wishes to
sell his or her eCosway business, the following criteria must
be met:
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a)
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Protection of the existing branch
must always be maintained so that the eCosway business
continues to be operated in that branch.
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b)
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The buyer or transferee must be
(or must become) a qualified eCosway Business Owner. If the
buyer is an active eCosway Business Owner, he or she must first
obtain the approval from eCosway before termination of his or
her eCosway business simultaneously with the purchase,
transfer, assignment or acquisition of any interest in the new
eCosway business. The six (6) month waiting period set forth in
Section 3.4.2 shall not apply to the sale, transfer or
assignment of an eCosway business pursuant to this section.
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c)
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Before the sale, transfer or
assignment can be finalized and approved by eCosway, any debt
obligations the selling Business Owner has with eCosway must be
satisfied.
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d)
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The selling Business Owner 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 an eCosway business.
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Prior to selling an eCosway
business, the selling Business Owner must notify eCosway of his
or her intent to sell the eCosway business. No changes in that
branch can result from the sale or transfer of an eCosway
business.
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3.21 |
Branch Linkage All
active Business Owners in good standing have the right to
introduce and enroll others into eCosway. Should there be a
dispute in the linkage caused by multiple registration by a
Business Owner or Shopper, the earliest registration received
by the Company will be deemed controlling.
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3.22 |
Succession Upon
the death or incapacitation of a Business Owner, his or her
business may be passed to his or her heirs. Appropriate legal
documentation must be submitted to the Company to ensure the
transfer is proper. Accordingly, a Business Owner should
consult an attorney to assist him or her in the preparation of
a will or other testamentary instrument. Whenever an eCosway
business is transferred by a will or other testamentary
process, the beneficiary acquires the right to collect all
earnings of the deceased Business Owner's business network
provided the following qualifications are met. The successor(s)
must:
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a)
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Execute a new Business Owner
Agreement; and
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b)
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Comply with terms and provisions
of the Agreement.
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Profit and incentive payments of
an eCosway business transferred pursuant to this section will
be remitted to the bank account of the beneficiaries. The
beneficiaries must provide eCosway with the details of the bank
account to which all profit and incentive payments will be
remitted. If the business is bequeathed to joint beneficiaries,
they must form a business entity. eCosway will issue all
earnings and appropriate tax reporting forms (if any) to the
business entity. An individual's interest in more than one
eCosway business will be allowed only in the event of the death
or incapacitation of a Business Owner.
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3.23 |
Transfer Upon Death of a
Business Owner To effect a testamentary transfer of
an eCosway business, the successor must provide the following
to eCosway: (1) an original death certificate; (2) a notarized
copy of the will or other instrument establishing the
successor's right to the eCosway business; and (3) a completed
and executed Business Owner Agreement.
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3.24 |
Transfer Upon
Incapacitation of a Business Owner To effect a
transfer of an eCosway business because of incapacity, the
successor must provide the following to eCosway: (1) a
notarized copy of an appointment as trustee; (2) a notarized
copy of the trust document or other documentation establishing
the trustee's right to administer the eCosway business; and (3)
a completed Business Owner Agreement executed by the trustee.
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4 |
SECTION -
RESPONSIBILITIES OF BUSINESS OWNERS
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4.1 |
Change of Address or
Telephone To ensure timely delivery of merchandise,
support materials, and remittance of payment, it is critically
important that eCosway's files are current. Street addresses
are required for shipping as eCosway will not deliver to a post
office box. To guarantee proper delivery, Business Owners must
immediately update their individual Profile Page with their new
delivery address and telephone numbers whenever the need
arises. The update will only be effective for the Business
Owner's subsequent purchase transactions.
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4.2 |
Ongoing Sales
Responsibilities Regardless of their level of
achievement, Business Owners have an ongoing obligation to
continue to personally promote sales through the generation of
new Shoppers and through servicing their existing customers.
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4.3 |
Nondisparagement eCosway
wants to provide its independent Business Owners with the best
merchandise, Profit Plan and service in the industry.
Accordingly, eCosway values Business Owners' constructive
criticism and comments. All such comments should be submitted
via email to eCosway. While eCosway welcomes constructive
input, negative comments and remarks made in the field by
Business Owners about the Company, its merchandise, or Profit
Plan, serve no purpose other than to sour the enthusiasm of
other eCosway Business Owners. For this reason, and to set the
proper example for their branch network, Business Owners must
not disparage eCosway, other eCosway Business Owners, eCosway's
merchandise, the Profit Plan, or eCosway's directors, officers,
or employees and any disparagement of the aforesaid would
constitute a material breach of these Policies and Procedures.
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4.4 |
Reporting Policy
Violations Business Owners observing a Policy
violation by another Business Owner should submit a written or
email report of the violation directly to the attention of
eCosway. Details of the incidents such as dates, number of
occurrences, persons involved, and any supporting documentation
should be included in the report.
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5 |
SECTION - SALES
REQUIREMENTS
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5.1 |
Product Sales The
eCosway Profit Plan is based upon the sale of eCosway
merchandise to end consumers. Business Owners must satisfy the
personal sales and Shopper requirements as specified in the
eCosway Profit Plan (as well as meet other responsibilities set
forth in the Agreement) to be eligible for profits and
incentives. "Personal Branch eVolume" includes purchases made
by the Business Owner and purchases made by the Business
Owner's Shopper network.
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5.2 |
No Territory Restrictions
There are no exclusive territories granted to anyone.
No franchise fees are required.
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6 |
SECTION - EARNINGS
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6.1 |
Profit and Incentive
Qualifications A Business Owner must be active and in
compliance with the Agreement to qualify for profits and
incentives. So long as a Business Owner complies with the terms
of the Agreement, eCosway shall pay profits and incentives to
such Business Owner in accordance with the Profit Plan. All
earnings will be accumulated in the Business Owner's eAccount.
Each Business Owner must select a "Minimum eAccount Balance" in
his or her individual eAccount to enable automatic deductions
to be made for annual access fee and purchases. Each Business
Owner must also select a "Minimum eAccount Transfer Amount,"
which shall be the minimum amount that eCosway will transfer
out of the Business Owner's eAccount to his or her bank
account, while maintaining the Minimum eAccount Balance.
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6.2 |
Earnings and Profit If
the earnings or profit is less than RM100/SGD100 for a
particular month, that earnings or profit will be kept in
eAccount where Business Owner may utilise such amount to
purchase Cosway's products.
If the earnings or profit is more than RM100/SGD100 for
a particular month, that earnings or profit will be credited
into the banking account provided by the Business Owner. If
there is no banking account, the earnings or profit will be
retained in the eAccount.
(The paragraph above shall only apply to the Business
Owner who is a resident of Malaysia or Singapore. Business
Owner who is a resident of other countries, please refer to
eCosway customer service for the amount applies in their
respective currency.)
Any earnings or profit which are not claimed or
utilised by any Business Owner and are retained in the eAccount
for more than 12 months, eCosway shall have absolute right to
deal with such earnings or profit as it deems fits.
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6.3 |
Business Status Reports All
information provided by eCosway in online Business Status
Reports, including but not limited to sales volume in the
personal branch and branch network (or any part thereof) and
business network activity, is believed to be accurate and
reliable. Nevertheless, due to various factors including the
inherent possibility of human and mechanical error; the
accuracy, completeness and timeliness of orders; denial of
credit card; returned merchandise; credit card charge-backs;
the information is not guaranteed by eCosway or any persons
creating or transmitting the information.
ALL BUSINESS STATUS INFORMATION IS PROVIDED "AS IS"
WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF
ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE
SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
eCOSWAY AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE
INFORMATION WILL IN NO EVENT BE LIABLE TO ANY BUSINESS OWNER OR
ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE
USE OF OR ACCESS TO BUSINESS STATUS REPORT INFORMATION
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, EARNINGS, LOSS OF
OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY,
INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE
INFORMATION), EVEN IF eCOSWAY OR OTHER PERSONS CREATING OR
TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY
LAW, eCOSWAY OR OTHER PERSONS CREATING OR TRANSMITTING THE
INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR
ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT
LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO
ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS
RELATED THERETO.
Access to and use of eCosway's online services and the
Business Status Report information is at the Business Owner's
own risk. All Business Status Report information is provided to
Business Owners "as is". If a Business Owner is dissatisfied
with the Business Status Report information, his or her sole
and exclusive remedy is to discontinue use of and access to
eCosway's online Business Status Report services and the
Business Status Report information.
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7 |
SECTION - DISPUTE
RESOLUTION AND DISCIPLINARY PROCEEDINGS
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7.1 |
Disciplinary Sanctions Violation
of the Agreement, these Policies and Procedures, or any
illegal, fraudulent, deceptive or unethical business conduct by
a Business Owner may result, at eCosway's discretion, in one or
more of the following corrective measures:
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a)
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Issuance of a written warning or
admonition;
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b)
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Requiring the Business Owner to
take immediate corrective measures;
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c)
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Imposition of a fine which may be
withheld from profit and incentive payments;
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d)
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Loss of rights to one or more
profit and incentive payments;
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e)
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eCosway may withhold from a
Business Owner all or part of the Business Owner's profits and
incentives during the period that eCosway is investigating any
conduct allegedly violative of the Agreement. If a Business
Owner's business is canceled for disciplinary reasons, the
Business Owner will not be entitled to recover any earnings
withheld during the investigation period;
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f)
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Suspension of the individual's
Business Owner Agreement for one or more pay periods;
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g)
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Involuntary termination of the
offender's Business Owner Agreement;
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h)
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Any other measure expressly
allowed within any provision of the Agreement or which eCosway
deems practicable to implement and appropriate to equitably
resolve injuries caused partially or exclusively by the
Business Owner's policy violation or contractual breach;
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i)
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In situations deemed appropriate
by eCosway, the Company may institute legal proceedings for
monetary and/or equitable relief.
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7.2 |
Grievances and Complaints
When a Business Owner has a grievance or complaint
with another Business Owner regarding any practice or conduct
in relationship to their respective eCosway businesses, the
complainant Business Owner should first report the problem to
eCosway. eCosway will review the facts and attempt to resolve
it. If it is not resolved, it will be referred to the Dispute
Resolution Board for final review and determination.
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7.3 |
Dispute Resolution Board The
purpose of the Dispute Resolution Board ("DRB") is to: (1)
review appeals of disciplinary sanctions; and (2) review
matters between eCosway Business Owners. After the response or
settlement instituted by eCosway has been denied or otherwise
remains unresolved, the Dispute Resolution Board reviews
evidence, deliberates, and responds to current outstanding
issues on a collective basis.
A Business Owner may submit a written request within
seven business days from the date of: (1) the written notice by
eCosway of disciplinary action; or (2) the written decision of
eCosway regarding disputes between Business Owners. All
communication with eCosway and the Business Owner seeking
resolution of a dispute must be in writing. It is within the
DRB's discretion whether a claim is accepted for review. If the
DRB agrees to review the matter, it shall schedule a hearing
within twenty-one (21) business days of the receipt of the
Business Owner's written request. All evidence (e.g.,
documents, exhibits, etc.) that a Business Owner desires to
have considered by the DRB must be submitted to eCosway no
later than seven business days before the date of the hearing.
The Business Owner shall bear all of the expenses related to
his or her attendance and the attendance of any witnesses he or
she desires to be present at the hearing. The decision of the
Dispute Resolution Board will be final and subject to no
further review. During the pendency of the claim before the
DRB, the Business Owner waives his or her right to pursue
arbitration or any other remedy.
Following issuance of a sanction, the disciplined
Business Owner may appeal against the sanction to the DRB.
Business Owner's appeal must be in writing and received by the
Company within 15 business days from the date of eCosway's
cancellation notice. If the appeal is not received by eCosway
within the 15 business days period, the sanction will be final.
The Business Owner must submit all supporting documentation
with his or her appeal correspondence. If the Business Owner
files a timely appeal against cancellation, the DRB will review
and reconsider the cancellation, consider any other appropriate
action, and notify the Business Owner in writing of its
decision.
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7.4 |
Arbitration Any
controversy or claim arising out of or relating to the
Agreement, or the breach thereof, shall be settled by
arbitration administered by the Asian International Arbitration
Centre (the "Centre") under its Rules for Arbitration, and
judgment on the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof. If a Business Owner
files a claim or counterclaim against eCosway, he or she may
only do so on an individual basis and not with any other
Business Owner or as part of a class or consolidated action.
Business Owners waive all rights to trial by jury or to any
court. All arbitration proceedings shall be held in Kuala
Lumpur, Malaysia. Each of the parties shall be responsible for
one-half of the total of: (1) the arbitrator's or arbitrators'
fees; and (2) the costs of arbitration. The decision of the
arbitrator shall be final and binding on the parties and may,
if necessary, be reduced to a judgment in any court of
competent jurisdiction. This agreement to arbitrate shall
survive any termination or expiration of the Agreement.
Nothing in these Policies and Procedures shall prevent
eCosway from applying to and obtaining from any court having
jurisdiction a writ of attachment, a temporary injunction,
preliminary injunction, permanent injunction or other relief
available to safeguard and protect eCosway's interest prior to,
during or following the filing of any arbitration or other
proceeding or pending the rendition of a decision or award in
connection with any arbitration or other proceeding.
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7.5 |
Governing Law The
laws of the Malaysia shall govern all matters relating to or
arising from the Agreement.
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8 |
SECTION - SHOPPING
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8.1 |
Shopping Terms and
Conditions for Business Owners eCosway provides a
wide range of merchandise sourced directly from Suppliers.
Business Owners shall abide by the Shopping Terms and
Conditions when purchasing any merchandise at the eCosway
Shopping Mall or eCosway appointed eCenters (where applicable).
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8.2 |
Purchasing eCosway
Merchandise Business Owners must purchase merchandise
using his or her own Business Owner identification number so
that eVolume, Qualification Units, Value Points, Card Value
Points and Redemption Points (if applicable) are credited to
their personal branch.
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8.3 |
Shopper Rewards Program Business
Owners shall participate in the Shopper Rewards Program and
build a network of Shoppers by giving them, his or her personal
ID for accessing eCosway Shopping Mall. All eVolume and
Qualification Units generated by the Shopper network and Value
Points generated by the Shoppers whom the Business Owner
personally referred shall be credited to the Business Owner's
personal branch.
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8.4 |
Pricing Unless
stated otherwise, all merchandise listed in eCosway Shopping
Mall are priced in US Dollars and may be subject to change from
time to time at the sole discretion of eCosway without prior
notice. However, for merchandise offered for sale at eCosway
appointed centers, the Company reserves the right, where
appropriate, to price the merchandise in the local currencies.
Prices listed in eCosway Shopping Mall do not include
import duties, sales taxes, value added taxes, or other taxes
which may be imposed by the country to which the merchandise
will be delivered. All duties, sales taxes, value added taxes,
customs fees, and other charges are to the sole and exclusive
responsibility of the recipient.
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8.5 |
Freight Charges
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a)
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The amount of freight charges is
calculated based on the delivery cost from the Supplier's
country to the delivery address. In some instances eCosway may
subsidize the freight charges.
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b)
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Freight charges for each item
ordered will be determined once the delivery address is
submitted by the Business Owner upon check-out from the eCosway
Shopping Mall.
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c)
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Freight charges are not
refundable.
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d)
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Reimbursement of freight charges
will only be made for the return of defective merchandise or in
the event the wrong item is sent.
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e)
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Freight charges are not
applicable to offline purchases made at eCosway appointed
centers where delivery is not required.
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8.6 |
Payment All
acceptable modes of payment will be listed in the eCosway
website. However, eCosway reserves the right at its sole
discretion not to accept a certain mode of payment without
specifying the reason thereto.
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8.7 |
Delivery Delivery
of orders will take about 3 weeks, and subject to availability
of the merchandise ordered. In certain circumstances where
further verification of credit card payment is necessary,
delivery may be delayed.
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8.8 |
Verification of
Business Owner's Credit Card Particulars The Business
Owner agrees to the verification of credit card particulars by
eCosway or its Agent when required.
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8.9 |
Acceptance of Orders
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a)
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The Business Owner will receive
via email address provided by as per in Business Owner's
profile, an Order Confirmation together with an Order number
when the order has been accepted by eCosway and an Order
Delivery email stating the airway bill number of the shipped
item for reference.
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b)
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There will be no further
notifications relative to an order unless there is a problem
with the order (e.g., non-availability or insufficient
quantity). In such instances eCosway will communicate with the
Business Owner via electronic mail.
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8.10 |
Cancellation Process Orders
are processed automatically and immediately. Therefore, a
Business Owner is not allowed to cancel the order but may
return the merchandise to eCosway in accordance with the
Returns Policy and Procedure. Cancellation of orders will only
be allowed if the orders have not been fulfilled by the
Supplier. Business Owners must check the Order Status and only
if the orders have not been fulfilled, may then submit the
online Cancellation Form to eCosway.
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8.11 |
Returns Policy and
Procedure
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a)
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The return of any merchandise
must be within ten (10) days from the date of its receipt.
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b)
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All merchandise may be returned
unless specified otherwise in the shopping pages of the eCosway
Shopping Mall.
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c)
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The Business Owner must complete
and submit the online Merchandise Return Form.
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d)
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Upon approval, a Merchandise
Return Number (MRN) will be sent by eCosway via electronic mail
to the Business Owner, and the Business Owner can proceed with
the return of the merchandise.
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e)
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All returned merchandise must be
in original packaging and original condition; and sent to the
Supplier's address stated on the shipping label with freight
charges prepaid and borne by the Business Owner. Suppliers will
not accept shipping-collect charges. Proper shipping cartons
and packaging materials are to be used in packaging the
merchandise being returned. The Merchandise Return Number must
be written on the Invoice which is to accompany the returned
item to the Supplier.
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f) |
The Business
Owner must retain all supporting courier documents as proof of
returning the merchandise and for tracking purposes. If the
returned merchandise is not received by the Supplier, it is the
responsibility of the Business Owner to trace the shipment and
file a claim for the lost or damaged merchandise. |
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g)
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Returned merchandise will only be
accepted if all the conditions and procedure in the Returns
Policy have been complied with.
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8.12 |
Refunds
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a)
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eCosway will notify the Business
Owner via electronic mail of the refund once the returned
merchandise has been received by eCosway's Supplier.
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b)
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The amount to be refunded will be
credited into the Business Owner's Refund eAccount.
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c)
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The Business Owner must first
fully utilize the said credit balance available in the Refund
eAccount as payment for the Business Owner's next purchases
before other modes of payment.
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8.13 |
Adjustment to Business
Owner's eVolume, Qualification Units and Value Points
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a)
|
The eVolume (eV), Qualification
Units ("QU"), Value Points (VPs), Card Value Points (CVPs) and
Redemption Points (RPs) assigned to the returned merchandise by
both Business Owners and their Shoppers will be deducted from
the Business Owner's Personal Branch eV, QU, VPs, CVPs and RPs
in the same month of the date of receipt of the returned
merchandise.
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b)
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If the Business Owner's existing
eV, QU, VPs, CVPs and RPs for the month and those retained in
reserves are insufficient to meet the deductions of the eV, QU,
VPs, CVPs and RPs assigned to the returned merchandise,
deduction shall continue every month thereafter until the eV,
QU, VPs, CVPs and RPs are completely recovered.
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8.14 |
Timing of Orders All
orders, regardless of the local time of the country in which
they are placed, are effective as of the date and time in Kuala
Lumpur, Malaysia, which is +8 hours GMT. For example, if an
order is placed on Tuesday at 2:00 p.m. in New York, the actual
time of the order will be Wednesday at 2:00 a.m. Business
Owners should always check Malaysian time when placing orders
by clicking on the "Server Time" button which is found on all
ordering pages. All qualification periods will close as of the
time specified in official eCosway publications as of the local
time in Kuala Lumpur, Malaysia.
All orders will be deemed to be received when payment
is accepted by eCosway. If the mode of payment for an order is
rejected or declined for any reason, the order will be rejected
and will not be credited for any purposes (including the
accumulation of eV, QU, VPs, CVPs or RPs). Business Owners
should submit orders earlier in the month if they wish to
include the orders in current month purchases. eCosway is not
responsible for any delay in the submission of orders due to
circumstances beyond its reasonable control.
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9 |
SECTION - INACTIVITY
AND CANCELLATION
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9.1 |
Effect of Cancellation So
long as a Business Owner remains active and complies with the
terms of the Business Owner Agreement and these Policies and
Procedures, eCosway shall pay profits and incentives to such
Business Owner in accordance with the Profit Plan. A Business
Owner's earnings constitute the entire consideration for the
Business Owner's efforts in generating sales and all activities
related to generating sales (including building a business
network). Following a Business Owner's non-renewal of his or
her Business Owner Agreement, cancellation for inactivity, or
voluntary or involuntary cancellation of his or her Business
Owner Agreement (all of these methods are collectively referred
to as "cancellation"), the former Business Owner shall have no
right, title, claim or interest to the business network which
he or she has built, or any earning from the sales generated by
the business network. A Business Owner whose business is
canceled will permanently lose all rights as a Business Owner.
This includes the right to sell eCosway merchandise and the
right to receive future earnings or other income resulting from
the sales and other activities of the Business Owner's former
business network. In the event of cancellation, Business Owners
agree to waive all rights they may have, including but not
limited to property rights to their former business network and
to any profit and incentive or other remuneration derived from
the sales and other activities from his or her former business
network.
eVolume derived from the sales of a Business Owner who
has cancelled his or her Business Owner Agreement continues to
count towards the group's eVolume.
The former Business Owner shall not hold himself or
herself out as an eCosway Business Owner and shall not have the
right to sell eCosway merchandise.
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9.2 |
Involuntary Cancellation A
Business Owner's violation of any of the terms of the
Agreement, including any amendments that may be made by eCosway
in its sole discretion, may result in any of the sanctions
listed in Section 7.1, including the involuntary cancellation
of his or her Business Owner Agreement. Cancellation shall be
effective on the date on which written notice is emailed to the
Business Owner's last known email address, or when the Business
Owner receives actual notice of cancellation, whichever occurs
first.
The Company expressly reserves the right to terminate
the Agreement and cease the eCosway business by giving thirty
(30) days written email notice in the event that it elects to:
(1) cease business operations; (2) dissolve as a corporate
entity; or (3) terminate distribution of its merchandise via
direct selling.
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9.3 |
Voluntary Cancellation A
Business Owner has a right to cancel his, her, or its Business
Owner Agreement at any time, regardless of reason. Cancellation
must be submitted in writing to the Company at its principal
business address. The written notice must include the Business
Owner's name, address, and Business Owner Identification Number
(ID).
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9.4 |
Non-renewal A
Business Owner may also voluntarily cancel his or her Business
Owner Agreement on the anniversary month of registration.
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10 |
SECTION
- DEFINITIONS |
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10.1 |
Active
Business Owner |
- |
A Business Owner who satisfies
the minimum activity requirements, as set forth in the eCosway
Profit Plan, to be eligible to receive profits and incentives.s
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10.2 |
Agreement |
- |
The contract between the Company
and each Business Owner includes the Business Owner Agreement,
the eCosway Policies and Procedures, and the eCosway Profit
Plan, all in their current form and as amended by eCosway in
its sole discretion. These documents are collectively referred
to as the "Agreement."
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10.3 |
Branch |
- |
An extension of
the eCosway Shopping Mall allotted for each Business Owner.s |
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10.4 |
Branch
Network |
- |
Group of
Business Owners referred directly or indirectly to register with
eCosway by a Business Owner no matter how many generations of
referrals occur. |
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10.5 |
Business
Network |
- |
The sum total of
a Business Owner's Personal Branch including his or her Shopper
network and branch network. |
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10.6 |
Business
Owner |
- |
A "Business
Owner" is an individual who has completed an eCosway Business
Owner Application and Agreement and thereby acquired the rights
and responsibilities of an eCosway business. |
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10.7 |
Business
Status Report |
- |
A report generated by eCosway
that provides critical data relating to sales information and
enrollment activity of each Business Owner's business network.
This report contains confidential and trade secret information
which is proprietary to eCosway.
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10.8 |
Cancellation |
- |
The termination of a Business
Owner's business. Cancellation may be either voluntary,
involuntary, through non-renewal or inactivity.
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10.9 |
Company |
- |
The term "Company" as it is used
throughout the Agreement means eCosway.com Sdn Bhd, a company
incorporated under the laws of Malaysia with the company number
(509213-A).
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10.10 |
Earnings |
- |
A collective
term used to describe the profits and incentives available
pursuant to the eCosway Profit Plan. |
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10.11
|
End
Consumer |
- |
A person who purchases eCosway
merchandise for the purpose of personally consuming them rather
than for resale to someone else.
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10.12 |
Personal
Branch |
- |
The Business
Owner's own branch of the eCosway Shopping Mall where his or her
personal purchases and the purchases of his or her Shopper
network are credited. |
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10.13 |
Official
eCosway Material |
- |
Literature, websites, audio or
video tapes, files, and other materials developed, printed,
published and distributed by eCosway to Business Owners.
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10.14
|
Roll-Up |
- |
The process by which a vacancy is
filled in a business network.
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10.15 |
Shopper |
- |
An individual who purchases
merchandise from the eCosway Shopping Mall.
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10.16 |
Shopper
Network |
- |
Group of Shoppers referred
directly or indirectly to purchase from a Business Owner's
branch, no matter how many generations of referrals occur.
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