The Policies, Procedures and Compensation Plan (“Policies”), in their current form and as amended periodically at the sole discretion of Pacess Wellness .(“Pacess wellness”), are incorporated into the Pacess Wellness Partner Agreement. It is the responsibility of each partner (“Pacess Wellness partner”)to read ,understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. The most current version of the Policies is available online through your Pacess wellness Partner Website. Any amendments to the Policies shall apply only prospectively, not retrospectively. Pacess wellness reserves the right to amend the Policies in its sole discretion. By executing the Pacess wellness Partner Agreement, each partner agrees to abide by all amendments or modifications made by Pacess wellness. The continuation of a Pacess wellness Partner business following the effective date of amended Policies, including but not limited t o a partner’s acceptance of compensation under the Compensation Plan, shall constitute acceptance of all amendments to the Policies.
The Purpose of the Policies is to define the relationship between Pacess wellness and the partner, to set standards of acceptable business practices and to support Pacess wellness Partner in building and protecting their Pacess wellness direct selling businesses in a manner that is in compliance with these Policies. Any violation of the Policies may result in disciplinary action including probation, suspension and/or termination at the sole discretion of Pacess wellness.
Together the Distributor Agreement and the Policies, as they may be amended, constitute the contractual agreement (“Contract”) between Pacess wellness and each Pacess wellness Partner. The Contract sets forth the entire agreement between Pacess wellness and the Pacess wellness Partner and supersedes any and all prior oral or written agreements or understandings between Pacess wellness and the Pacess wellness Partner, including any representations by Pacess wellness or its Pacess wellness Partner not explicitly made in the Contract or in official Pacess wellness publications. The Contract may not be altered or amended, except as provided in the Policies, as amended from time to time, or by other written notice by Pacess wellness. Should any discrepancy exist between the terms of the Contract and verbal representations made to any Pacess wellness Partner by any Pacess wellness employee, the terms and requirements of the Contract will prevail. Should any discrepancy exist between the terms of the Pacess wellness Partner Agreement and the Policies, the terms of the Policies will prevail.
Pacess wellness never forfeits its right to require the compliance of a Pacess wellness Partner with the terms of the Contract, or with applicable laws and regulations governing business conduct. No failure by Pacess wellness to exercise any right under the Contract or to insist upon strict compliance by a Pacess wellness Partner with any obligation or provision of the Contract shall operate as a waiver of Pacess wellness’s right to demand exact compliance with the Contract. The existence of any claim or cause of action of a Distributor against Pacess wellnessshall not constitutes a defense to Pacess wellness’s enforcement of any term or provision of the Contract.
Any provision of the Contract that is judicially invalidated or otherwise rendered unenforceable in any jurisdiction is ineffective only to the extent of such invalidation or unenforceability in that jurisdiction, and only within that jurisdiction. Any prohibited, judicially invalidated or unenforceable provision of the Contract is severable and will not invalidate or render unenforceable any other provision of the Contract, nor will such provision of the Contract be invalidated or rendered unenforceable in any other jurisdiction. In the event any provision of the Contract is deemed invalid or unenforceable in any particular proceeding, such provision shall be reformed to effectuate its original intent and purpose to the fullest extent possible.
Any notice or other written communication required under this Contract shall be delivered personally, by email or mail. Unless otherwise provided in the Contract, such notice shall be deemed given when delivered personally or, if transmitted by email, one(1)day after the date of such email or, if mailed, five(5) days after the date of mailing, to the principal address of the Pacess wellnessCorporate Office or to the Pacess wellness Partner’ s address. Notice to a Pacess wellness Partner will be mailed to his or her address or email address of record with Pacess wellness. Pacess wellness shall have the right, as an alternative method of notice, to use Mailers or other normal channels of mass communication with its Pacess wellness Partner. This provision does not apply to notice of amendments to the Policies, which are effective upon posting as described in Chapter1.1above. It is the sole responsibility of the Pacess wellness Partner to maintain their correct address, email address, phone number and other contact information on file with Pacess wellness.
