Pacess wellness Partner are independent contractors, not employees of Pacess wellness .Pacess wellness Partner may not do anything that would lead someone to believe that they are an employee or an agent of Pacess wellness .As an independent contractor, Pacess wellness Partner are responsible for the following: Setting retail prices for Products sold to Retail Customers (although, in order to maintain Pacess wellness Partner’s premium brand image, business goodwill, and the integrity of its sales channel, Pacess wellness Partner strongly encourages Pacess wellness Partner to charge Retail Customers the suggested retail price–to do otherwise has an impact on the legitimate business interest of other Pacess wellness Partner); Establishing working hours; Conducting the day-to-day business; and Reporting to the IRS any income earned from the Pacess wellness Partnership (See Section II: Compensation Plan for more details).
The services performed by you, as an Pacess wellness Partner, Independent Distributor, are performed pursuant to the Contract between you and Pacess wellness Partner, and such Contract provides that you will not be treated as an employee with respect to such services for Federal tax purposes.
When a Distributor uses his or her name on business cards, checks, advertising, social media, websites, email correspondence ,on the telephone or any other communications related to his or her Pacess wellness Partner business, it must be stated as follows:“[RAAGESH],Pacess wellness Independent Distributor
Pacess wellness Partner are responsible for complying with all local ,state and federal laws and regulations concerning the operation of a Pacess wellness Partnership, marketing and selling practices, and the distribution of Products. Pacess wellness Partner should familiarize themselves with the applicable local, state and federal laws and regulations that affect the operation of their Pacess wellness Partnerships .Pacess wellness shall not be liable for any conduct of Pacess wellness Partner contrary to such laws and regulations.
All statements made by Pacess wellness Partner regarding Pacess wellness the business opportunity, the Products , past earnings, or product results must be truthful, ethical, accurate and not misleading. Pacess wellness Partner shall always conduct their business in an ethical manner and in compliance with the Direct Selling Association’s Code of Ethics (See www. directselling.kerala.gov.in/index.php/content/index/acts-and-rules) and all local, state and federal laws and regulations.
Pacess wellness Partner values constructive comments and input from Pacess wellness Partner, and in part relies on its Pacess wellness Partner to report Distributor conduct that could detrimentally affect its business, the business of other Pacess wellness Partner .Pacess wellness Partner or the reputation of Pacess wellness Partner. Pacess wellness Partner encourages all complaints or concerns regarding other Pacess wellness Partner to be reported to CEO@Pacess.in .Complaints or concerns regarding Products may be directed to Customer Service.
Pacess wellness Partner shall use their best efforts to promote the positive reputation of Pacess wellness Partner, its products, its business opportunity and its Pacess wellness Partner. Pacess wellness Partner are prohibited from engaging in high-pressure selling or recruiting. Pacess wellness Partner must always conduct themselves in a professional, ethical, courteous and considerate manner when representing Pacess wellness .All presentations and communications regarding Products and the Pacess wellness business opportunity must be complete and truthful (i.e. ,product directions for use, cautions and warning statements, and product benefits as stated on product packaging, the Pacess wellness website, or any Pacess wellness –published literature ,presentation of the most current Pacess wellness Income Disclosure Statement or average income earned by Active Pacess wellness Partner).
If a Distributor behaves in a manner that, in the sole discretion of Pacess wellness ,causes disruption to the conduct of the normal business of Pacess wellness or that of any other Distributor, or that is injurious to the image or reputation of Pacess wellness or that of any other Distributor, then they are in violation of these Policies.
Every Distributor is responsible for the actions of his or her immediate house hold members. If any such house hold member engages in any activity which, if performed by the Distributor, would violate the Distributor Agreement and/ or the Policies, the activity will be considered a violation by the Distributor and Pacess wellness may take action pursuant to the Contract as well as any other legal remedies against the Distributor.
Pacess wellness Partner must refer all media inquiries relating to Pacess wellness, Products, any Distributor ,representative ,or employee of Pacess wellness to the Pacess wellness CEO This may include, but is not limited to: programs aired on television, radio ,podcasts and printed material with national circulation. Failure to comply with this provision may result in the immediate suspension or termination of your Pacess wellness Partnership, at the sole discretion of Pacess wellness
Pacess wellness Partner may participate in other direct selling or business ventures if they choose. However, Pacess wellness Partner are prohibited from mixing the Pacess wellness business opportunity or Products with another business opportunity, product, service or other activity (for example, offering a free gym membership with the purchase of an Pacess wellness 24-DayChallenge®isprohibited).
During the term of the Contract, and unless otherwise agreed to by Pacess wellness in writing, Pacess wellness Partner are free to participate in other multi level, direct sales, network marketing business ventures or marketing opportunities (collectively “Network Marketing” ). However, during the term of the Contract, Pacess wellness Partner may not directly or in directly recruit other Pacess wellness Partner Pacess wellness Partner for any other Network Marketing business or opportunity (a” Competing Activity”). The term “recruit” means the actual or attempted sponsorship, solicitation, Enrollment, encouragement ,or effort to influence in any other way ,either directly, indirectly (including but not limited to the use of a website or social media), or through a third party ,another Pacess wellness Distributor to enroll or participate in a Competing Activity. This conduct constitutes recruiting even if the Distributor’s actions are in response to an inquiry or contact made by another Distributor.
During the term of the Contract, Pacess wellness Partner are also prohibited from associating their Pacess wellness Partner business activities with any non-Pacess wellness business opportunity ,products ,services ,and other competing or in appropriate activities. For example, Pacess wellness Partner are prohibited from offering Pacess wellness Products or promoting the Pacess wellness opportunity and / or Compensation Plan in conjunction with any non-Pacess wellness business plan, opportunity, product, activity or incentive. Pacess wellness Partner are similarly prohibited from offering or promoting any non-Pacess wellness products or business opportunities at any Pacess wellness Partner-related meeting, seminar ,convention, conference call, Pacess wellness Partner-related website or social media page, and other business functions. Following the cancellation or termination of a Distributor’s Contract, whether voluntary or involuntary and regardless of the reason for cancellation or termination, a former Distributor may not recruit any Pacess wellness Distributor for any Competing Activities for a period of twelve (12) calendar months there after. Not with standing this prohibition ,it is permissible for a Distributor to recruit this or her immediate family members during this 12-month period for Competing Activities, even if those immediate family members are current Pacess wellness .Pacess wellness stipulate that because Competing Activities are conducted worldwide, often through network so find independent contractors dispersed across the entire India and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly in effective. Therefore pacess wellness Partner agree that this non-solicitation provision shall apply in all countries in which Pacess wellness Partner conducts business at the time the restriction is applicable. Pacess wellness Partner agree that the geographic scope applicable to this provision is reasonable and further waive any claim or defense that the non-solicitation provision is void or voidable based on the breadth of its geographic scope.
Each Pacess wellness Partner stipulates that if he or she violates any part of this section, Pacess wellness Partner will be irreparably harmed and calculation of the full extent of Pacess wellness Partner’s damages will be difficult. Distributor therefore stipulates that Pacess wellness Partner shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against Distributor and all those acting in concert with him or her to prevent and enjoin any violation of this section. This remedy is in addition to any other legal remedies to which Pacess wellness Partner may be entitled, including disciplinary sanctions under the Contract and recovery of damages caused by a Distributor’s breach. The provisions of this section shall survive termination of the Contract.
During the course of the term of the Pacess wellness Partnership, Pacess wellness Partner may not directly or indirectly cross-recruit other Pacess wellness Partner Pacess wellness Partner. The term “cross-recruit” means the actual or attempted inducement, solicitation, enrollment, encouragement, or effort to influence another Pacess wellness Distributor to abandon a position under one Sponsor in favor of another Sponsor.
In connection with a Distributor’s Pacess wellness Partner business, Pacess wellness Partner may make available to Pacess wellness Partner certain information and reports regarding Pacess wellness Partner’s business, Products, trade secrets, intellectual property, its network, identity and contact information ofPacess wellness Partner, Preferred Customers and Retail Customers, a Distributor’s personal and / or group sales volume(s), Distributor rank and achievement levels, and other information needed to run and grow the Distributor’s business, such as Distributor lists (collectively, “Confidential Information”). Pacess wellness hereby stipulate and agree that Confidential Information belongs solely and exclusively to Pacess wellness and constitutes its proprietary business trade secrets. Pacess wellness Partner have no claim, right ,or title to any Confidential Information. Such Confidential Information is provided to Pacess wellness Partner in strictest confidence and is made available to Pacess wellness Partner for the sole purpose of assisting Pacess wellness Partner in their Pacess wellness businesses. Pacess wellness Partner hereby agree to the disclosure of their information to other Pacess wellness Partner for this purpose. Pacess wellness Partner acknowledge that, but for this agreement of confidentiality and non disclosure, Pacess wellness Partner would not provide Confidential Information to Pacess wellness Partner.
To protect Confidential Information, Pacess wellness Partner shall not, on his or her own behalf or on behalf of any other Person or entity, directly or indirectly: (1) disclose or disseminate any Confidential Information to any other person or entity; (2) provide access to any password- protected section of the Pacess wellness website containing Confidential Information to any other person or entity, including providing any password to such section to any other person or entity; (3 ) use Confidential Information for any purpose other than the conduct and promotion of the Distributor’s Pacess wellness business as contemplated in these Policies and the Contract, including but not limited to recruiting any Pacess wellness Partner Distributor for any Competing Activities or competing in anyway with Pacess wellness Partner; or (4) use Confidential Information to attempt to influence or induce any Distributor, Preferred Customer, Retail Customer, or employee of Pacess wellness Partner to cease or alter his or her business relationship with Pacess wellness .
Upon the cancellation or termination of the Contract, regardless of the reason for such cancellation or termination ,a Pacess wellness Partner shall immediately return to the Company any and all Confidential Information in his or her possession, custody, or control, including all copies of documents, files, or other media containing any Confidential Information and any derivative thereof. This requirement applies automatically and is not dependent on any demand being made by Pacess wellness .
Each Pacess wellness Partner stipulates that if he or she violates the terms of this section, Pacess wellness Partner will be irreparably harmed and calculation of the full extent of Pacess wellness Partner’s damages will be difficult. Distributor there fore stipulates that Pacess wellness Partner shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against Distributor and all those acting in concert with him or her to prevent and enjoin any violation of this section. This remedy is in addition to any other legal remedies to which Pacess wellness Partner may be entitled, including disciplinary sanctions under the Contract and recovery of damages caused by a Distributor’s breach. The provisions of this section shall survive termination of the Contract
During the term of the Contract, Pacess wellness Partner are also prohibited from associating their Pacess wellness Partner business activities with any non-Pacess wellness business opportunity ,products ,services ,and other competing or in appropriate activities. For example, Pacess wellness Partner are prohibited from offering Pacess wellness Products or promoting the Pacess wellness opportunity and / or Compensation Plan in conjunction with any non-Pacess wellness business plan, opportunity, product, activity or incentive. Pacess wellness Partner are similarly prohibited from offering or promoting any non-Pacess wellness products or business opportunities at any Pacess wellness Partner-related meeting, seminar ,convention, conference call, Pacess wellness Partner-related website or social media page, and other business functions. Following the cancellation or termination of a Distributor’s Contract, whether voluntary or involuntary and regardless of the reason for cancellation or termination, a former Distributor may not recruit any Pacess wellness Distributor for any Competing Activities for a period of twelve (12) calendar months there after. Not with standing this prohibition ,it is permissible for a Distributor to recruit this or her immediate family members during this 12-month period for Competing Activities, even if those immediate family members are current Pacess wellness .Pacess wellness stipulate that because Competing Activities are conducted worldwide, often through network so find independent contractors dispersed across the entire India and internationally, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly in effective. Therefore pacess wellness Partner agree that this non-solicitation provision shall apply in all countries in which Pacess wellness Partner conducts business at the time the restriction is applicable. Pacess wellness Partner agree that the geographic scope applicable to this provision is reasonable and further waive any claim or defense that the non-solicitation provision is void or voidable based on the breadth of its geographic scope.
Each Pacess wellness Partner stipulates that if he or she violates any part of this section, Pacess wellness Partner will be irreparably harmed and calculation of the full extent of Pacess wellness Partner’s damages will be difficult. Distributor therefore stipulates that Pacess wellness Partner shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against Distributor and all those acting in concert with him or her to prevent and enjoin any violation of this section. This remedy is in addition to any other legal remedies to which Pacess wellness Partner may be entitled, including disciplinary sanctions under the Contract and recovery of damages caused by a Distributor’s breach. The provisions of this section shall survive termination of the Contract.
During the course of the term of the Pacess wellness Partnership, Pacess wellness Partner may not directly or indirectly cross-recruit other Pacess wellness Partner Pacess wellness Partner. The term “cross-recruit” means the actual or attempted inducement, solicitation, enrollment, encouragement, or effort to influence another Pacess wellness Distributor to abandon a position under one Sponsor in favor of another Sponsor.
In connection with a Distributor’s Pacess wellness Partner business, Pacess wellness Partner may make available to Pacess wellness Partner certain information and reports regarding Pacess wellness Partner’s business, Products, trade secrets, intellectual property, its network, identity and contact information ofPacess wellness Partner, Preferred Customers and Retail Customers, a Distributor’s personal and / or group sales volume(s), Distributor rank and achievement levels, and other information needed to run and grow the Distributor’s business, such as Distributor lists (collectively, “Confidential Information”). Pacess wellness hereby stipulate and agree that Confidential Information belongs solely and exclusively to Pacess wellness and constitutes its proprietary business trade secrets. Pacess wellness Partner have no claim, right ,or title to any Confidential Information. Such Confidential Information is provided to Pacess wellness Partner in strictest confidence and is made available to Pacess wellness Partner for the sole purpose of assisting Pacess wellness Partner in their Pacess wellness businesses. Pacess wellness Partner hereby agree to the disclosure of their information to other Pacess wellness Partner for this purpose. Pacess wellness Partner acknowledge that, but for this agreement of confidentiality and non disclosure, Pacess wellness Partner would not provide Confidential Information to Pacess wellness Partner.
To protect Confidential Information, Pacess wellness Partner shall not, on his or her own behalf or on behalf of any other Person or entity, directly or indirectly: (1) disclose or disseminate any Confidential Information to any other person or entity; (2) provide access to any password- protected section of the Pacess wellness website containing Confidential Information to any other person or entity, including providing any password to such section to any other person or entity; (3 ) use Confidential Information for any purpose other than the conduct and promotion of the Distributor’s Pacess wellness business as contemplated in these Policies and the Contract, including but not limited to recruiting any Pacess wellness Partner Distributor for any Competing Activities or competing in anyway with Pacess wellness Partner; or (4) use Confidential Information to attempt to influence or induce any Distributor, Preferred Customer, Retail Customer, or employee of Pacess wellness Partner to cease or alter his or her business relationship with Pacess wellness .
Upon the cancellation or termination of the Contract, regardless of the reason for such cancellation or termination ,a Pacess wellness Partner shall immediately return to the Company any and all Confidential Information in his or her possession, custody, or control, including all copies of documents, files, or other media containing any Confidential Information and any derivative thereof. This requirement applies automatically and is not dependent on any demand being made by Pacess wellness .
Each Pacess wellness Partner stipulates that if he or she violates the terms of this section, Pacess wellness Partner will be irreparably harmed and calculation of the full extent of Pacess wellness Partner’s damages will be difficult. Distributor there fore stipulates that Pacess wellness Partner shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against Distributor and all those acting in concert with him or her to prevent and enjoin any violation of this section. This remedy is in addition to any other legal remedies to which Pacess wellness Partner may be entitled, including disciplinary sanctions under the Contract and recovery of damages caused by a Distributor’s breach. The provisions of this section shall survive termination of the Contract
