POLICIES AND PROCEDURES

 

• INTRODUCTION

 

1.1           Mutual Commitment Statement

 

Levarti LLC, (hereafter referred to as the “Company”) places utmost importance on fostering a strong and collaborative relationship with its independent affiliates (“Affiliates”) as it acknowledges that this relationship is vital for long-term success and for providing exceptional service to retail Customers (“Customers” or “Members”). In order to achieve shared goals and objectives, it is imperative for the Company and its Affiliates to recognize and respect the true nature of their interdependent partnership.

 

1. The Company is wholeheartedly committed to providing you, as an Affiliate, with the following:

 

1. Prompt, professional, and courteous service and communications: We value your partnership and are dedicated to maintaining open and efficient lines of communication while upholding the highest standards of professionalism and courtesy.

 

1. The highest level of services and products at fair and reasonable prices: We take pride in delivering top-notch services and products that meet the highest quality standards. Our commitment to fairness ensures that our offerings are reasonably priced.

 

• An exchange or refund in accordance with the Levarti Refund Policy (described herein): Your satisfaction is of utmost importance to As such, we adhere to the guidelines outlined in the Levarti Refund Policy to promptly address any exchange or refund requests.

 

1. Successful and prompt delivery of products outlined: Timely delivery is crucial for a seamless customer Rest assured, we will strive to deliver products promptly, meeting the outlined expectations.

 

1. Accurate and timely commission payments in accordance with the Compensation Plan: Your hard work and dedication as an Affiliate deserve fair recognition. We commit to providing accurate and punctual commission payments following the guidelines outlined in the Compensation Plan.

 

1. The introduction of new offerings: We continuously seek ways to innovate and improve our offerings. As our valued Affiliate, you can expect regular updates on new products and services to enrich your opportunities.

 

• The support, protection, and defense of the integrity of the Levarti business: Upholding the integrity of our business is a core principle. We stand firmly behind our Affiliates and are committed to supporting, protecting, and defending the reputation and values of the Levarti brand.

 

• The opportunity to grow personally and professionally with Levarti: Your growth is essential to

 

We provide a nurturing environment that fosters personal and professional development, empowering you to reach new heights with Levarti.

 

1. In return, Levarti holds the following expectations from all Affiliates:

 

1. Conduct themselves in a professional, honest, and considerate manner: We value integrity and expect all Affiliates to represent Levarti with the highest level of professionalism, honesty, and consideration towards Customers, fellow Affiliates, and the public.

 

1. Present Levarti products and information in an accurate and professional manner: As representatives of Levarti, it is crucial that all Affiliates accurately and professionally portray our products and information to Customers, ensuring transparency and clarity.

 

• Present the Compensation Plan in a complete and accurate manner: Affiliates must accurately and comprehensively explain the Compensation Plan to potential recruits, avoiding any misrepresentation and providing a clear understanding of the structure.

 

1. Refrain from making any exaggerated income claims: While we celebrate the potential for success, Affiliates must refrain from making unrealistic or exaggerated income claims that may mislead others. Honest and transparent communication is vital.

 

1. Make reasonable efforts to support and train Customers and downline Affiliates: As a valued member of the Levarti team, each Affiliate is encouraged to actively assist and provide necessary training and support to both Customers and downline Affiliates. By nurturing these relationships, we foster a strong and supportive community.

 

1. Refrain from cross-line recruiting, unhealthy competition, or unethical business practices: We strongly emphasize fair and ethical business conduct. Affiliates are required to refrain from engaging in cross-line recruiting or any activities that promote unhealthy competition or unethical practices that could harm the reputation of Levarti or its Affiliates.

 

• Accurately complete and submit the Affiliate Agreement and any requested supporting documentation in a timely manner: To ensure smooth operations and compliance, it is essential that Affiliates accurately complete the Affiliate Agreement and promptly submit any necessary supporting documentation as requested.

 

• Above all else, support, protect, and defend the integrity of the Levarti business: Upholding the integrity and values of the Levarti business is Affiliates are expected to act with honesty, transparency, and loyalty, contributing to the collective growth and success of the organization.

 

1.2           Levarti Policies and Compensation Plan Incorporated into the Affiliate Agreement

 

Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Affiliate Agreement, the Terms and Conditions, these Policies and Procedures, and the Levarti Compensation Plan.

 

1.3           Purpose of Policies

 

1. Levarti is a direct sales company that markets Travel related products through a network of independent To define the relationship that exists between you and the Company and to explicitly set a standard for acceptable business conduct, Levarti has established these Policies and Procedures.

 

1. Affiliates must comply with: (i) all of the terms and conditions set forth in the Affiliate Agreement, which Levarti may amend from time to time in its sole and absolute discretion; (ii) all federal, state, and/or local laws governing an Levarti business; and (iii) these Policies and Procedures.

 

1. Levarti Affiliates must review the information in these Policies and Procedures carefully. Should you have any questions regarding a policy or rule, you should first seek an answer from your upline If further clarification is needed, you should contact the Levarti Customer Service Department.

 

1.4           Changes, Amendments, and Modifications

 

1. Because federal, state, and local laws (as well as the business environment) periodically change, Levarti reserves the right to amend the Agreement and the prices of its product and service offerings in its sole and absolute Notification of amendments shall appear in Official Company Materials. Please note: This provision does NOT apply to the arbitration clause found in Section 12, which can only be modified via mutual consent.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY ABOVE, ANY AMENDMENT BY THE COMPANY TO THE DISPUTE RESOLUTION SECTION HEREIN SHALL ONLY TAKE EFFECT UPON AN AFFILIATE’S EXPRESS AGREEMENT TO SUCH AMENDMENT. AN AFFILIATE MAY INDICATE THEIR AGREEMENT TO SUCH PROPOSED AMENDMENT BY FOLLOWING THE INSTRUCTIONS ACCOMPANYING THE PROPOSED AMENDMENT THAT WILL APPEAR WHEN LOGGING IN TO THE CORPORATE WEBSITE OR THE AFFILIATE’S PERSONAL WEBSITE. COMPANY MAY TERMINATE THE AFFILIATE AGREEMENT OF ANY AFFILIATE WHO DOES NOT AGREE TO A PROPOSED AMENDMENT TO THE DISPUTE RESOLUTION SECTION WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE AMENDMENT. ANY SUCH AMENDMENT SHALL APPLY TO ALL CLAIMS BROUGHT BY COMPANY OR THE AFFILIATE ON OR AFTER THE EFFECTIVE DATE OF THE AMENDMENT, REGARDLESS OF THE DATE OF OCCURRENCE OR ACCRUAL OF ANY FACTS UNDERLYING SUCH CLAIM.

 

1. Any such amendment, change, or modification shall be effective immediately upon notice by one of the following methods:

 

1. Posting on the official Levarti website;

 

1. Electronic mail (e-mail); or

 

• In writing through Company issued newsletters or other applicable communication channels.

 

1. It is the responsibility of a Sponsoring Affiliate to provide the most current version of these Policies and Procedures (available on the Levarti website) and the Levarti Compensation Plan to each applicant prior to any execution of an Affiliate

 

1.5           Delays

 

Levarti shall not be responsible for delays or failures in performance of its obligations when such failure is due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, transportation difficulties, riot, war, fire, and/or weather, curtailment of a source of supply, or government decrees or orders.

 

1.6           Effective Date

 

These Policies and Procedures shall become effective as of July 31, 2023 (“Effective Date”). Upon the Effective Date, these Policies and Procedures shall supersede any prior Levarti policies and procedures.

 

2.0           BASIC PRINCIPLES

 

2.1           Becoming an Levarti Affiliate

 

1. To become an Affiliate, you must meet and fulfill the following qualifications and requirements:

 

1. Be of the age of majority (not a minor) in your state of residence;

 

1. Reside or have a valid address in the United States;

 

• Have a valid taxpayer identification number (i.e. Social Security Number, Federal Tax ID Number, ITIN, etc.);

 

1. Submit a properly completed and signed Affiliate Agreement;

 

1. Not be an Levarti employee, the Spouse of an Levarti employee, or related to an employee of Levarti and living in the same household as such Levarti

 

2.2           Enrollment as a New Affiliate

 

1. A potential new Affiliate may self-enroll on a Sponsor’s replicated In such event, instead of the submission of a physically signed Affiliate Agreement, the Company will accept an Affiliate’s “electronic signature” as an alternative. The “electronic signature” signifies the new Affiliate’s acceptance of the terms and

 

conditions of the Affiliate Agreement. Please note that such electronic signature constitutes a legally binding agreement between you and the Company.

 

1. Even in lieu of the electronic signature, Levarti reserves the right to require signed paperwork for any account, regardless of origin. If requested, the signed Affiliate Agreement should be submitted to the Company within five (5) business days from the date of enrollment.

 

1. Signed documents, including, but not limited to, the Affiliate Agreement, are legally binding contracts which must not be altered, tampered with or changed in any manner after they have been signed. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been signed may lead to sanctions, up to and including involuntary termination of the Affiliate’s business.

 

2.3           Rights Granted

 

Levarti hereby grants you the non-exclusive right, based upon the terms and conditions contained within the Affiliate Agreement and these Policies and Procedures, to:

 

1. Purchase an Levarti travel membership and other related amenities;

 

1. Promote and sell these Levarti products and services; and

 

• Sponsor Customers and Affiliates in the United States and in countries where Levarti may become established after the Effective Date of these Policies and

 

2.4           Identification Numbers

 

1. Each Affiliate must provide their Social Security Number, or Federal Tax Identification Number, if located in the United States or any of its territories, to Levarti. The Company reserves the right to withhold commission payments from any Affiliate who fails to provide such information or who provides false information.

 

1. Upon enrollment, the Company will provide an Affiliate with a Levarti Identification Number. This number will be used to place orders, structure organizations, and track commissions and bonuses.

 

2.5           Renewals and Expiration of the Affiliate Agreement

 

1. If an Affiliate allows his, her or its Affiliate Agreement to expire, the Affiliate will lose any and all rights to their downline organization unless re-activation occurs within sixty (60) days following expiration. If the former Affiliate re-activates within this 60- day time limit, the Affiliate will resume the rank and position held immediately prior to expiration. However, such Affiliate’s paid as level will not be restored unless he, she and/or it (an entity) qualifies at that payout level in the new month. The Affiliate is not

 

eligible to receive commissions for the time during which the Affiliate’s business was expired.

 

1. An Affiliate who fails to renew during the 60-day grace period may not re-apply for a Levarti business for the following twelve (12) months from the date of

 

1. The downline of the expired Affiliate will roll up to the immediate, active upline

 

2.6             Business Entities

 

1. A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity” or simply “it”) may apply to be a Levarti Affiliate. This Affiliate business and position will remain temporary until the submission of proper documents, including but not limited to: Certificate of Incorporation, Articles of Organization, Partnership Agreement or appropriate Trust documents.

 

1. A Levarti Affiliate may change their status under the same Sponsor from an individual to a Business Entity.

 

2.7           Independent Business Relationship; Indemnification for Actions

 

1. As an Affiliate, you understand you are an independent contractor, and not a purchaser of a franchise or business opportunity. As a result, your success depends entirely upon your own individual and independent efforts.

 

1. The Agreement between you and the Company does not create an employer/employee relationship, agency, partnership, or joint venture.

 

1. You will not be treated as an employee of Levarti for any purposes, including, without limitation, for federal or state tax purposes. All Affiliates are responsible for paying local, state and federal taxes due from all compensation earned as a Levarti Any other compensation received by an Affiliate from Levarti will be governed by applicable

U.S. tax laws (or the tax laws of any other applicable jurisdiction). You have no express or implied authority to bind Levarti to any obligation or to make any commitments by or on behalf of Levarti. Each Affiliate, whether acting as management of a Business Entity or represented as an individual, shall establish his, her or its own goals, hours, and methods of operation and sale, so long as in compliance with the terms and conditions of the Affiliate Agreement, these Policies and Procedures, and applicable state and federal laws.

 

1. You are fully responsible for all of your verbal and written communications made regarding Levarti products, services, and the Compensation Plan that are not expressly contained within Official Company Materials. Affiliates shall indemnify and hold harmless Levarti, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by the Company because of the Affiliate’s unauthorized representations or actions. This Provision shall survive the termination of the Levarti

 

Affiliate Agreement.

 

2.8           Errors or Questions

 

If you have any questions as an Affiliate about, or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, you must notify the Company Compliance Department in writing within thirty (30) days of the date of the error or incident in question. Any such errors, omissions or problems not reported within 30 days shall be deemed expressly waived by you.

 

2.9           Governmental Approval or Endorsement

 

Neither federal nor state regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Affiliates shall not represent or imply that the Company or its Compensation Plan have been approved, endorsed, or otherwise sanctioned by any government agency.

 

3.0           RESPONSIBILITIES OF A CONSULTANT

 

3.1           Correct Addresses

 

1. It is the responsibility of a Member or Affiliate to make sure Levarti has the correct shipping address before the shipment of any order(s).

 

3.2           Training and Leadership

 

1. Any Affiliate who sponsors another Affiliate into Levarti must perform an authentic assistance and training function to ensure his, her or its downline properly operates their respective Levarti business. Sponsoring Affiliates should have ongoing contact and communication with those in their downline Examples of communication may include, but are not limited to, newsletters, written correspondence, telephone, contact, team calls, voicemail, e-mail, personal meetings, accompaniment of downline Affiliates to Levarti meetings, training sessions and any other related functions.

 

1. A Sponsoring Affiliate should monitor the Affiliates in his, her or its downline organization to ensure that downline Affiliates do not make improper product or business claims or engage in any illegal or inappropriate Upon request, such Affiliate should be able to provide documented evidence to Levarti of ongoing fulfillment of the responsibilities of a Sponsor.

 

1. Upline Affiliates are encouraged to motivate and train new Affiliates about Levarti’ products and services, effective sales techniques, the Company Compensation Plan and compliance with these Policies and Procedures.

 

1. Marketing the travel membership and other amenities is a required activity in Levarti and must be emphasized in all recruiting presentations. Effectively marketing the travel membership and other amenities is a vital activity within

 

Levarti and must be given utmost emphasis in all presentations.

 

1. Explanation: Marketing the travel membership and other amenities is not just a required activity, but a critical aspect of Levarti’s success. By utilizing effective marketing strategies, we can reach a broader audience and showcase the value and benefits of our travel membership and other offerings. Emphasizing this in all presentations ensures that potential new members understand the significance of these products and the opportunities they present. By giving utmost emphasis to marketing, we can create awareness, attract more customers, and ultimately contribute to the growth and prosperity of Levarti. Our marketing efforts play a pivotal role in connecting with our target audience, building trust, and establishing Levarti as a reputable and sought-after brand in the industry. As Affiliates, each one of us has a crucial role in promoting and marketing Levarti’s products and amenities, which will ultimately benefit both the Company and all members of our community.

 

1. We emphasize and encourage all Affiliates to sell Levarti’s products and services to

 

1. Use of Sales Aids. To promote both the products and the opportunity Levarti offers, Affiliates must use the sales aids and support materials produced by the Company. If Levarti Affiliates develop their own sales aids and promotional materials, which includes Internet advertising, notwithstanding any good intentions, these Affiliates may unintentionally violate any number of statutes or regulations affecting the Levarti business. These violations, although they may be relatively few in number, could jeopardize the Levarti opportunity for all. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for prior written approval. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of Levarti and its products. The marketing and promotion of Levarti, the Levarti opportunity, the Compensation Plan, and Levarti products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or

 

3.3           Constructive Criticism; Ethics

 

1. Levarti desires to provide its independent Affiliates with the best products and services and Compensation Plan in the industry. Accordingly, Levarti values constructive criticism and encourages the submission of written comments addressed to the Company Compliance Department.

 

1. Negative and disparaging comments by an Affiliate about Levarti, its products or Compensation Plan, made to the Field or at Levarti meetings or events, or disruptive behavior at Levarti meetings or events, serve no purpose other than to dampen the

 

enthusiasm of other Levarti Affiliates. Affiliates must not belittle Levarti, other Levarti Affiliates, Levarti products or services, the Compensation Plan, or Levarti directors, officers, or employees, product suppliers or agents. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by the Company.

 

C.             Levarti endorses the following code of ethics:

 

1. Affiliates are expected to demonstrate fairness, tolerance, and respect towards all individuals associated with Levarti, regardless of race, gender, social class, or religion. By cultivating a “positive atmosphere” of teamwork, good morale, and community spirit, we create an inclusive environment that fosters collaboration and mutual support.

 

1. Affiliates shall approach business issues, including situations with upline and downline Affiliates, with a focus on tact, sensitivity, and It is crucial to seek resolution in a constructive manner, avoiding actions that may exacerbate problems or create unnecessary conflicts.

 

• Honesty, responsibility, professionalism, and integrity are fundamental principles that all Affiliates must uphold. By conducting ourselves with these values at the core of our actions, we build trust, credibility, and a strong foundation for sustainable success.

 

1. Affiliates shall refrain from making disparaging statements about Levarti, other Affiliates, Company employees, product suppliers or agents, products, services, sales, and marketing campaigns, or the Compensation Additionally, it is essential to avoid statements that unreasonably offend, mislead, or coerce others. Constructive feedback and open communication are encouraged, but it should be conveyed with respect and professionalism.

 

D.             Sole Discretion:

 

Levarti may take appropriate action against an Affiliate if it determines, in its sole discretion, that the Affiliate’s conduct is detrimental, disruptive, or injurious to the Company or other Affiliates.

 

E.             Non-Disparagement:

 

In accordance with other provisions within these Policies and Procedures, Affiliates must not disparage, demean, or make negative remarks about the Company, other Company Affiliates, Company’s products or services, the Compensation Plan, or Company’s owners, board members, directors, officers, employees, or the like, or make statements that unreasonably offend, mislead or coerce others. Such conduct represents a material breach of these Policies and may result in Company sanctioning or otherwise disciplining the Affiliates in accordance with these Policies and Procedures as deemed appropriate by the Company at its sole discretion.

 

3.4           Reporting Policy Violation

 

1. An Affiliate who observes a policy violation by another Affiliate should submit a

 

written and signed letter (e-mail will be accepted) of the violation directly to the Levarti Corporate office. The letter shall set forth the details of the incident as follows:

 

1. The nature of the violation and specific facts to support allegations;

 

1. Number of occurrences and dates of occurrences;

 

• Persons involved; and

 

1. Any other supporting documentation

 

1. Once the matter has been presented to Levarti, it will be researched thoroughly by the Company Compliance Department and appropriate action will be taken if

 

1. This section refers to the general reporting of policy violations as observed by other Affiliates for the mutual effort to support, protect, and defend the integrity of the Levarti business and If an Affiliate has a grievance or complaint against another Affiliate which directly relates to his, her or its Levarti business, the procedures set forth in these Policies must be followed.

 

3.5           Sponsorship

 

1. The Sponsor is the person who introduces a Member or Affiliate to Levarti, helps them complete their enrollment, and supports and trains those in their downline.

 

1. The Company recognizes the Sponsor as the name(s) shown on the first:

 

1. Physically signed Levarti Affiliate Agreement on file; or

 

1. Electronically signed Affiliate from a website or an Levarti Affiliate’s replicated website.

 

1. An Affiliate Agreement that contains notations such as “by phone” or the signatures of other individuals (i.e. Sponsors, spouses, relatives, or friends) is not valid and will not be accepted by Levarti.

 

1. Levarti recognizes that each new prospect has the right to ultimately choose his, her or its own Sponsor, but the Company will not allow Affiliates to engage in unethical sponsoring activities.

 

1. All active Affiliates in good standing have the right to sponsor and enroll others into Levarti. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Affiliate will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Affiliate who presented a comprehensive introduction to the Company products or opportunity.

 

3.6           Cross Sponsoring Prohibition

 

1. “Cross sponsoring” is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity, that already has a signed Affiliate Agreement. Actual or attempted cross sponsoring is not If cross sponsoring is verified by Levarti, sanctions up to and including termination of an Affiliate’s business may be imposed.

 

1. The use of a Spouse’s or relative’s name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal ID numbers, or fictitious ID numbers to evade or circumvent this policy is not permitted.

 

1. This policy does not prohibit the transfer of a Levarti business in accordance with Levarti Sale or Transfer Policy set forth in these Policies.

 

3.7           Adherence to the Levarti Compensation Plan

 

1. An Affiliate must adhere to the terms of the Levarti Compensation Plan as set forth in these Policies and Procedures as well as in Official Company Deviation from the Compensation Plan is prohibited.

 

1. An Affiliate shall not offer the Levarti opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in Official Company Materials.

 

1. An Affiliate shall not require or encourage a current or prospective Member or Affiliate to participate in Levarti in any manner that varies from the Compensation Plan as set forth in Official Company Materials.

 

1. An Affiliate shall not require or encourage a current or prospective Member or Affiliate to make a purchase from or payment to any individual or other entity as a condition to participating in the Levarti Compensation Plan, other than such purchases or payments required to naturally build their business.

 

3.8           Adherence to Laws and Ordinances

 

Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Affiliates because of the nature of the business. However, Affiliates must check their local laws and obey the laws that do apply to them. Nonetheless, an Affiliate shall comply with all federal, state and local laws and regulations in their conduct of a Levarti business.

 

3.9           Compliance with Applicable Income Tax Laws

 

1. Levarti will automatically provide a complete 1099 Miscellaneous Income Tax form (nonemployee compensation) to each US Affiliate whose earnings for the year is at least $600 or who has purchased more than $5,000 of Levarti products for resale, or who received trips, prizes or awards valued at $600 or If earnings and purchases

 

are less than stated above, IRS forms will be sent only at the request of the Affiliate, and a minimum charge of $20 may be assessed by Levarti.

 

1. An Affiliate accepts sole responsibility for and agrees to pay all federal, state and local taxes on any income generated as an independent Affiliate, and further agrees to indemnify Levarti from any failure to pay such tax amounts when due.

 

1. If an Affiliate’s business is tax exempt, the Federal Tax Identification number must be provided to Levarti in writing.

 

1. Levarti encourages all Affiliates to consult with a tax advisor for additional information for their business.

 

3.10        One Levarti Business Per Affiliate

 

An Affiliate may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1) Levarti business. No individual may have, operate or receive compensation from more than one Levarti business. Individuals of the same family unit may each enter or have an interest in their own separate Levarti businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.

 

3.11        Actions of Household Customers or Affiliated Parties

 

If any member of your immediate household engages in any activity which, if performed by you, would violate any provision of the Agreement, such activity will be deemed a violation by YOU and Levarti may take disciplinary action against you pursuant to these Policies and Procedures. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Levarti may take disciplinary action against the Business Entity. Likewise, if an Affiliate enrolls in Levarti as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.

 

3.12        Solicitation for Other Companies or Products

 

1. A Levarti Affiliate may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities. However, during the term of this Agreement and for one (1) year thereafter, you may not recruit any Levarti Member or Affiliate for any other direct sales or network marketing business, unless that Member or Affiliate was personally sponsored by

 

1. The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Member or Affiliate to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Affiliate’s actions are in

 

response to an inquiry made by a Member or another Affiliate.

 

1. During the term of this Agreement and for a period of six (6) months thereafter, you must not sell, or entice others to sell, any competing products or services, including training materials, to Levarti Customers or Affiliates. Any product or service in the same category as a Levarti product or service is deemed to be competing (i.e., any competing product or service regardless of differences in cost or quality).

 

1. However, you may sell non-competing products or services to Levarti Customers or Affiliates that you personally sponsored.

 

1. You may not display or bundle Levarti products or services, in sales literature, on a website or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Member or Affiliate into believing there is a relationship between the Levarti and non-Levarti products and services.

 

1. You may not offer any non-Levarti opportunity, products or services at any Levarti related meeting, seminar or convention, or immediately following an Levarti

 

1. A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between Levarti and you and would inflict irreparable harm on the Company. In such event, Levarti may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Affiliate or such Affiliate’s business, including termination, or seek immediate injunctive relief without the necessity of posting a bond.

 

3.13        Presentation of the Levarti Opportunity

 

1. In presenting the Levarti opportunity to potential Customers and Affiliates, you are required to comply with the following provisions:

 

1. You shall not misquote or omit any significant material fact about the Compensation Plan.

 

1. You shall make it clear that the Compensation Plan is based upon sales of Levarti products and services and upon the sponsoring of others.

 

• You shall make it clear that success can be achieved only through substantial independent efforts.

 

1. You shall not make unauthorized income projections, claims, or guarantees while presenting or discussing the Levarti opportunity or Compensation Plan to prospective Customers or Affiliates.

 

1. You may not make any claims regarding products or services of any products offered by Levarti, except those contained in Official Company

 

1. You may not use Official Company Materials to promote the Levarti opportunity in any country where the Company has not established a “presence.”

 

• Once the Company has generated an Income Disclosure Statement (“IDS”) you must submit a copy of the IDS to all prospective Affiliates. In an effort to conduct best business practices, Levarti has developed the IDS to convey truthful, timely, and comprehensive information regarding the income that one may earn.

 

A copy of the IDS must be presented to a prospective Affiliate anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.

 

The terms “income claim” and/or “earnings representation” (collectively “income claim”) includes the following: (i) statements of average earnings; (ii) statements of non-average earnings; (iii) statements of earnings ranges; (iv) income testimonials; (v) lifestyle claims; and (vi) hypothetical claims.

Examples of “statements of non-average earnings” includes, “Our number one Affiliate earned over a million dollars last year,” or “Our average-ranking Affiliate makes four thousand per month.” An example of a “statement of earnings ranges” is, “The monthly income for our higher- ranking Affiliates is eight thousand dollars a month on the low end to thirty-five thousand dollars a month on the high end.”

 

3.14        Sales Requirements are Governed by the Compensation Plan

 

The Levarti program is built on sales to the ultimate consumer. Levarti encourages its Affiliates to only purchase products or services that they and their family will personally consume or used as a sales tool. Affiliates must never attempt to influence any other Affiliate to buy more products or services than they can reasonably use or sell.

 

4.0           ORDERING

 

4.1           General Order Policies

 

1. “Bonus Buying” is strictly and absolutely Bonus Buying includes any of the following: (i) the enrollment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or Business Entities; (ii) the fraudulent enrollment of an individual or entity as a Member or Affiliate; (iii) the enrollment or attempted enrollment of non-existent individuals or Business Entities as Customers or Affiliates (“phantoms”); (iv) purchasing Levarti products or services on behalf of or under another Member or Affiliate’s ID number as to qualify for commissions or bonuses; (v) purchasing excessive amounts of products or services that cannot reasonably be used; and/or

(vi) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.

 

An Affiliate shall not use another Member’s or Affiliate’s credit card or debit checking account to enroll in Levarti or purchase products or services without the account holder’s written permission. Such documentation must be kept by the

 

Affiliate indefinitely in case the Company needs to reference this.

 

1. Regarding an order with an invalid or incorrect payment, Levarti will attempt to contact the Affiliate by phone, mail or e-mail in order to obtain another form of payment. If these attempts are unsuccessful after ten (10) business days, the order will be canceled.

 

1. Prices are subject to change without

 

1. A Member or Affiliate who is a recipient of an incorrect order must notify Levarti within thirty (30) calendar days from receipt of the order and follow the procedures as set forth in these Policies.

 

4.2           Insufficient Funds

 

1. All checks returned for insufficient funds will be re-submitted for payment. A $35 fee will be charged to the account of the Member or Affiliate for all returned checks and insufficient funds.

 

1. Any outstanding balance owed by an Affiliate’s downline Customers or Affiliates to the Company from NSF (non-sufficient funds) checks, returned check fees or insufficient fund fees (ACH) will be withheld by the Company from said Affiliate’s future bonus and commission checks.

 

1. All transactions involving returned checks or insufficient funds through ACH or credit card, which are not resolved in a timely manner by the Affiliate, constitute grounds for disciplinary sanctions.

 

1. If a credit card order or automatic debit is declined the first time, the Member or Affiliate will be contacted for an alternate form of If payment is declined a second time, the Member or Affiliate may be deemed ineligible to purchase Levarti products or services.

 

4.3           Sales Tax Obligation

 

1. An Affiliate must comply with all state and local taxes and regulations governing the sale of Levarti products and services.

 

1. Levarti will collect and remit sales tax on Affiliate orders unless an Affiliate furnishes Levarti with the appropriate Resale Tax Certificate When orders are placed with Levarti, sales tax is prepaid based upon the retail price provided. Levarti will remit the sales tax to the appropriate state and local jurisdictions. The Affiliate may recover the sales tax when he, she or it makes a sale. Levarti Affiliates are responsible for any additional sales taxes due on products marked up and sold at a higher price.

 

1. Levarti encourages each Affiliate to consult with a tax advisor for additional

 

information for his, her or its business.

 

5.0           PAYMENT OF COMMISSIONS & BONUSES

 

5.1           Bonus and Commission Qualifications

 

1. An Affiliate must be active and in compliance with Levarti Policies and Procedures to qualify for bonuses and So long as an Affiliate complies with the terms of the Affiliate Agreement, the Company shall pay commissions in accordance with the Compensation Plan.

 

25. Levarti reserves the right to postpone bonus and commission payments until such time the cumulative amount exceeds $25.

 

5.2           Computation of Commissions and Discrepancies

 

1. An Affiliate must review his, her or its monthly statement and bonus/commission reports promptly and report any discrepancies within thirty (30) days of If no concerns are raised within this 30-day “grace period,” no additional requests will be considered for commission recalculations.

 

1. For additional information on payment of commissions, please review the Levarti Compensation Plan.

 

5.3           Adjustments to Bonuses and Commissions for Returned Products

 

1. An Affiliate receives bonuses and commissions based on the actual sales of products and services to end consumers. When a product or service is returned to Levarti for a refund from the end consumer, the bonuses and commissions attributable to the returned product or service will be deducted from the Affiliate who received bonuses or commissions on such Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.

 

1. If an Affiliate terminates his, her or its business, and the amounts of the bonuses or commissions attributable to the returned products or services have not yet been fully recovered by the Company, the remainder of the outstanding balance may be offset against any other amounts that may be owed by the Company to the former

 

6.0           SATISFACTION GUARANTEED AND RETURN OF SALES AIDS

 

Levarti offers a one hundred percent (100%) fourteen (14) day money back guarantee for both Customers and Affiliates. If a Member purchased a product or service and is not satisfied with the product or service, the Member may request a refund from their Affiliate.

 

Upon cancellation of the Agreement, the Affiliate may also return all generic sales aids purchased within one (1) year from the date of cancellation for a refund if he, she or it is unable to sell or use the

 

merchandise. An Affiliate may only return sales aids he, she or it personally purchased from the Company under his, her or its Identification Number, and which are in Resalable Condition (as defined in the Glossary of Terms section of these Policies). Any custom orders of printed sales aids (i.e., business cards, brochures, etc.) whereon the Affiliate’s contact information is imbedded or hard printed, or has been added by the Affiliate, are not able to be returned in Resalable Condition thus are nonrefundable. Upon Levarti’s receipt of the products and sales aids, the Affiliate will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit card, the refund will be credited back to the same credit card account. The Company shall deduct from the reimbursement paid to the Affiliate any commissions, bonuses, rebates or other incentives received by the Affiliate which were associated with the merchandise that is returned.

 

6.1           Return Process

 

1. All returns, whether by a Member or Affiliate, must be made as follows:

 

1. Obtain Return Merchandise Authorization (“RMA”) from Levarti;

 

1. Ship items to the address provided by the Company Member Service Department when you are given your RMA.

 

• Provide a copy of the invoice with the returned products or service. Such invoice must reference the RMA and include the reason for the return.

 

1. Ship back product in manufacturer’s box exactly as it was

1. All returns must be shipped to Levarti pre-paid, as the Company does not accept shipping collect packages. The Company recommends shipping returned product by UPS or FedEx with tracking and insurance as risk of loss or damage in shipping of the returned product shall be borne solely by the Member or Affiliate. If returned product is not received at the Company Distribution Center, it is the responsibility of the Member or Affiliate to trace the shipment and no credit will be applied.

 

1. The return of $500 or more of products accompanied by a request for a refund within a calendar year by an Affiliate, may constitute grounds for involuntary termination.

 

7.0           PRIVACY POLICY

 

7.1           Introduction

 

This Privacy Policy is to ensure that all Customers and Affiliates understand and adhere to the basic principles of confidentiality.

 

7.2           Expectation of Privacy

 

1. Levarti recognizes and respects the importance its Customers and Affiliates place on the privacy of their financial and personal Levarti will make reasonable efforts to safeguard the privacy of and maintain the confidentiality of its Customers’

 

and Affiliates’ financial and account information and nonpublic personal information.

 

1. By entering into the Affiliate Agreement, an Affiliate authorizes Levarti to disclose his, her or its name and contact information to upline Affiliates solely for activities related to the furtherance of the Levarti business. An Affiliate hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and servicing his, her or its downline organization and conducting the Levarti business.

 

7.3           Employee Access to Information

 

Levarti limits the number of employees who have access to Customers’ and Affiliates’ nonpublic personal information.

 

7.4           Restrictions on the Disclosure of Account Information

 

Levarti will not share non-public personal information or financial information about current or former Customers or Affiliates with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers’ or Affiliates’ interests or to enforce its rights or obligations under these Policies and Procedures, or Affiliate’s Agreement or with written permission from the accountholder on file.

 

• Security and Security Breaches

 

All Affiliates must adopt, implement and maintain appropriate administrative, technical and physical safeguards to protect against anticipated threats or hazards to the security of confidential information, including Customer & Affiliate Data. These safeguards must be appropriate to the sensitivity of the information. Appropriate safeguards for electronic and paper records may include but are not limited to: (i) encrypting data before electronically transmitting it; (ii) storing records in a secure location; and (iii) password-protecting computer files and securely shredding paper files containing confidential information. Affiliates must keep confidential information secure from all persons who do not have legitimate business needs to see or use such information. Affiliates must ensure they obtain and maintain consent from prospective Customers/Affiliates and existing Customers/Affiliates before sharing such data with the Company.

 

Affiliates must comply with all applicable privacy and data security laws, including any security breach notification laws. Without limitation of the preceding sentence, in the event of an actual or suspected Security Breach affecting Company’s data, the applicable Affiliates shall first promptly notify the Company Compliance Department in writing after becoming aware of such Security Breach, and if instructed by the Compliance Department, notify applicable Customers/Affiliates. Any such notification to Customers/Affiliates shall be made in compliance with applicable law and shall specify the following: (i) the extent to which Customer/Affiliate Data was or was suspected to be disclosed or compromised; (ii) the circumstances of the Security Breach; (iii) the date or period of time on which it occurred; (iv) a description of the information affected; (v) a description of the steps taken to reduce the risk of harm from the Security Breach; (vi) contact information for a person able to answer questions regarding the Security Breach; (vii) any other

 

information required by the applicable law; and (viii) in the case of a notice to a privacy commissioner or other regulatory body, an assessment of the risk of harm to any affected persons and an estimate of the number of persons affected. Affiliates shall promptly comply with all applicable information Security Breach disclosure laws. Affiliates, at their expense, shall cooperate with Company, any applicable privacy commissioner or other regulatory body and the applicable Customers/Affiliates and use their best efforts to mitigate any potential damage caused by a breach of their obligations under the Affiliate Agreement or any law applicable to confidential data, including by sending notice to the affected individuals, applicable agencies and consumer reporting agencies, if such notification is required the Company in its sole and absolute discretion.

 

• The Data Management Rule

 

The Data Management Rule (the “Rule”) is intended to protect the LOS for the benefit of all Affiliates, as well as the Company. LOS information is information compiled by the Company that discloses or relates to all or part of the specific arrangement of sponsorship within the Company business, including, without limitation, Affiliate lists, sponsorship trees, and all Affiliate information generated therefrom, in its present and future forms. The Company LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (“Proprietary Information”), which it keeps proprietary and confidential and treats as a trade secret. Company is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by the Company and its Affiliates. Through this Rule, Affiliates are granted a personal, non-exclusive, non-transferable and revocable right by the Company to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies. The Company reserves the right to deny or revoke this right, upon reasonable notice to the Affiliate stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of the Company, such is necessary to protect the confidentiality or value of Proprietary Information. All Affiliates shall maintain Proprietary Information in strictest confidence and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof.

 

8.0           PROPRIETARY INFORMATION AND TRADE SECRETS

 

8.1           Business Reports, Lists, and Proprietary Information

By completing and signing the Affiliate Agreement, you acknowledge that Business Reports, lists of Member and Affiliate names and contact information and any other information, which contain financial, scientific or other information both written or otherwise circulated by the Company pertaining to the business of Levarti (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging exclusively to the Company.

 

8.2           Obligation of Confidentiality

 

During the term of the Affiliate Agreement and for a period of five (5) years after the termination or expiration of the Affiliate Agreement between you and Levarti, you shall not:

 

1. Use the information in the reports to compete with Levarti or for any purpose

 

other than promoting your Levarti business;

 

1. Use or disclose to any person or entity any confidential information contained in the rep

 

• ​

orts, including the replication of the genealogy in another network marketing company.

 

8.3           Breach and Remedies

 

You acknowledge that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to the Company and to independent Levarti businesses. The Company and its Affiliates will be entitled to injunctive relief or to recover damages against any specific Affiliate who violates this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of attorney’s fees, court costs and expenses.

 

8.4           Return of Materials

 

Upon demand by Levarti, any current or former Affiliate will return the original and all copies of all “Reports to the Company together with any Levarti confidential information in such person’s possession.

 

9.0           ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS

 

9.1           Labeling, Packaging, and Displaying Products

 

1. A Levarti Affiliate may not re-label, re-package, refill, or alter labels of any Company product or service information, materials or program(s) in any way. The Company products and services must only be marketed and sold in their native format from Levarti. Any attempted re-labeling violates federal and state laws, which may result in criminal or civil penalties or liability.

 

1. An Affiliate may sell Levarti products and services and display the Levarti trade name at any appropriate display booth (such as trade shows) upon prior written approval from the Company.

 

1. The Company reserves the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its products and services, or the Levarti opportunity.

 

9.2           Use of Company Names and Protected Materials

 

1. An Affiliate must safeguard and promote the good reputation of Levarti and the products and services it markets. The marketing and promotion of Levarti, the Levarti

 

opportunity, the Compensation Plan, and Levarti products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.

 

1. All promotional materials supplied or created by Levarti must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company Compliance Department.

 

1. The name of Levarti, each of its product and service names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of Levarti, As such, these marks are of great value to Levarti and are supplied to Affiliates for their use only in an expressly authorized manner.

 

1. An Affiliate’s use of the name “Levarti” is restricted to protect Levarti proprietary rights, ensuring that the Levarti protected names will not be lost or compromised by unauthorized use. Use of the Levarti name on any item not produced by Levarti is prohibited except as follows:

 

1. [Affiliate’s name] Levarti Affiliate

 

1. [Affiliate’s name] Independent Affiliate of Levarti products and

 

1. Further procedures relating to the use of the Levarti name are as follows:

 

1. All stationary (i.e., letterhead, envelopes, and business cards) bearing the Levarti name or logo intended for use by the Affiliate must be approved in writing by the Company Compliance Department.

 

1. Affiliates may use the Affiliate Logo only in the promotion of their Levarti

 

• Affiliates may list “Levarti Affiliate” or simply “Affiliate” in Social Media under his, her or its own name.

 

1. Affiliates may not use the name “Levarti” or “Levarti Corporate” in answering the telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, “Levarti Affiliate.”

 

1. Certain photos and graphic images used by Levarti in its advertising, packaging, and websites are the result of paid contracts with outside vendors that do not extend to Affiliates. If you want to use these photos or graphic images, you must negotiate individual contracts with the vendors for a fee.

 

1. An Affiliate shall not appear on or make use of television, radio, or any other media to promote or discuss Levarti or its programs, products or services without prior written

 

permission from the Company Compliance Department.

 

1. An Affiliate may not produce for sale or distribution any Company event or speech, nor may an Affiliate reproduce Levarti audio or video clips for sale or for personal use without prior written permission from the Company Compliance Department.

 

1. Levarti reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected

 

1. An Affiliate shall not promote non-Company products or services in conjunction with Levarti products or services on the same websites or same advertisement without prior approval from the Company Compliance Department.

 

9.3           E-mail Limitations

 

1. Except as provided in this section, an Affiliate may not use or transmit unsolicited email, mass email distribution, or “spamming” that advertises or promotes the operation an Levarti business. The exceptions are:

 

1. E-mailing any person who has given prior permission or invitation;

 

1. E-mailing any person with whom the Affiliate has established a prior business or personal relationship.

 

1. In all states where prohibited by law, an Affiliate may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer or other device), an unsolicited advertisement to any equipment, which has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as set forth in this section.

 

1. All e-mail or computer broadcasted documents subject to this provision shall include each of the following:

 

1. A clear and obvious identification that the e-mail message is an advertisement or solicitation. The words “advertisement” or “solicitation” should appear in the subject line of the message;

 

1. A clear return path or routing information;

 

• The use of legal and proper domain name;

 

1. A clear and obvious notice of the opportunity to decline to receive further commercial e-mail messages from the sender;

 

1. Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;

 

1. The true and correct name of the sender, valid e-mail address, and a valid sender physical address;

 

• The date and time of the transmission;

 

• Upon notification by recipient of his or her request not to receive further faxed or e-mailed documents, an Levarti Affiliate shall not transmit any further documents to that recipient.

 

1. All e-mail or computer broadcasted documents subject to this provision shall not include any of the following:

 

1. Use of any third-party domain name without permission;

 

1. Sexually explicit

 

9.4           Internet and Third-Party Website Restrictions

 

1. An Affiliate may not use or attempt to register any of Levarti’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.

 

1. An Affiliate may not sell Levarti products, services or offer the Business Opportunity using “online auctions,” such as eBay® or “online marketplaces,” such as Amazon.

 

1. All Affiliates may have one (1) Company-approved third-party website. A third-party website is a Levarti-approved personal website that is hosted on non-Company servers and with no affiliation to the Company. Any Affiliate who wishes to develop their own third-party website must submit a properly completed third-party website Application and Agreement along with the proper third-party website registration fee and receive Levarti’s prior written approval before going live. Third-party websites may be used to promote your business and Levarti’s products so long as the third-party website adheres to the advertising policies Moreover, no orders may be placed through third-party websites, and no enrollments may occur through a third-party website. If you wish to use any third-party website, you must do the following:

 

1. Identify yourself as an Levarti Affiliate;
2. Use only the approved images and wording authorized by Levarti;
3. Adhere to the branding, trademark, and image usage policies described in this document.
4. Adhere to any other provision regarding the use of a third-party website described in this document;

 

1. Agree to give the Company Compliance Department access to the third- party website and, if the website is password protected, the passwords or credentials allowing unlimited access.
2. Agree to modify your website to comply with current or future Levarti

 

1. All marketing materials used on an Affiliate’s third-party website must be provided by Levarti or approved in writing by the Company Compliance Department.

 

1. To avoid confusion, the following three elements must also be prominently displayed at the top of every page of your third-party website:

 

1. The Levarti Affiliate Logo
2. Your Name and Title
3. Levarti Corporate Website Redirect Button

 

1. An Affiliate may not use third-party sites that contain materials copied from corporate sources (such as Levarti brochures, CDs, videos, tapes, events, presentations, and corporate websites). This policy ensures brand consistency, allows Customers and Affiliates to stay up-to-date with changing products, services and information, facilitates enrollment under the correct Sponsor, and assists in compliance with government

 

1. Levarti products may be displayed with other products or services on an Affiliate’s third-party website so long as the other products and services are consistent with Levarti values and are not marketed or sold by a competing network-marketing

 

1. If the independent Levarti business of an Affiliate who has received authorization to create and post an third-party website is voluntarily or involuntarily canceled for any reason, or if Levarti revokes its authorization allowing the Affiliate to maintain a third- party website, the Affiliate shall assign the URL to his/her/its third-party website to Levarti within three (3) days from the date of the cancellation and/or re- direct all traffic to the site as directed by the Levarti. Levarti reserves the right to revoke any Affiliate’s right to use a third-party website at any time if Levarti believes that such revocation is in the best interest of the Company, its Affiliates, and Decisions and corrective actions in this area are at the Company’s sole and absolute discretion.

 

1. Social Media sites may not be used to sell or offer to sell Levarti products or services. PROFILES A CONSULTANT GENERATES IN ANY SOCIAL COMMUNITY WHERELEVARTI IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY

THE CONSULTANT AS AN INDEPENDENT Affiliate and when an Affiliate participates in those communities, he, she or it must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at Levarti’s sole discretion, and offending Affiliates will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the Levarti approved

 

library. If a link is provided, it must link to the posting Affiliate’s replicated website or an approved third-party website.

 

1. Anonymous postings or use of an alias on any Social Media site is prohibited, and offending Affiliates will be subject to disciplinary action.

 

1. Affiliates may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments Affiliates create or leave must be useful, unique, relevant and specific to the blog’s article.

 

1. Affiliates must disclose their full name on all Social Media postings, and conspicuously identify themselves as an independent Affiliate for Anonymous postings or use of an alias is prohibited.

 

1. Postings that are false, misleading, or deceptive are This includes, but is not limited to, false or deceptive postings relating to the Levarti income opportunity, Levarti’s products and services, and/or your biographical information and credentials.

 

1. Affiliates are personally responsible for their postings and all other online activity that relates to Levarti. Therefore, even if an Affiliate does not own or operate a blog or Social Media site, if an Affiliate posts to any such site that relates to Levarti or which can be traced to Levarti, the Affiliate is responsible for the posting. Affiliates are also responsible for postings which occur on any blog or Social Media site that the Affiliate owns, operates, or controls.

 

1. As an Levarti Affiliates, it is important to not converse with any person who places a negative post against you, other Affiliates, or Levarti. Report negative posts to the Company Compliance Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as Levarti, and therefore damages the reputation and goodwill of the Company.

 

1. The distinction between a Social Media site and a website may not be clear-cut, because some Social Media sites are particularly robust, Levarti therefore reserves the sole and exclusive right to classify certain Social Media sites as third-party websites and require that Affiliates using, or who wish to use, such sites adhere to the Levarti’s policies relating to third-party websites.

 

1. If your Levarti business is cancelled for any reason, you must discontinue using the Levarti name, and all of Levarti’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you If you post on any Social Media site on which you have previously identified yourself as a Levarti Affiliate, you must conspicuously disclose that you are no longer an Affiliate of the Company.

 

1. Failure to comply with these policies for conducting business online may result in the Affiliate losing their right to advertise and market Levarti products, services and Levarti’s business opportunity online in addition to any other disciplinary action available under the Policies and Procedures.

 

9.5           Advertising and Promotional Materials

 

1. You may not advertise any Levarti products or services at a price LESS than the highest company published, established retail price plus shipping, handling and applicable No special enticement advertising is allowed. This includes, but is not limited to, offers of free membership, free shipping, or other such offers that grant advantages beyond those available through the Company.

 

1. Advertising and all forms of communications must adhere to principles of honesty and

 

1. All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, , are subject to prior written approval by the Company Compliance Department. Similarly, all requests for approvals with respect to advertising must be directed in writing to the Levarti Compliance Department.

 

1. Levarti approval is not required to place blind ads that do not mention Levarti, its employees, any of its products, services, designs, symbols, programs, and trademarked, copyrighted, or otherwise protected materials.

 

1. Levarti reserves the right to rescind its prior approval of submitted advertising or promotional materials in order to comply with changing laws and regulations, and may require the removal of such advertisements from the marketplace without obligation to the affected Affiliate.

9.6           Social Networking and Social Media

1. Affiliates may join social networking and/or social media sites, online forums, discussion groups, and blogs to leverage the power of the Company brand and to communicate the benefits of the Company products and sales Online social pages belonging to an Affiliate may be used to drive traffic to a Replicated Website or to the Company Corporate Website.
2. Company-dedicated accounts on social media may never be used to promote other business opportunities, other products or services, etc. An Affiliate may post suggestions to visit, like, or follow the business page on their personal page. An Affiliate may also post artwork or other tangential-to-business posts on their personal pages, but no enticements, ads, offers, non-Company product announcements, may be posted on the personal pages.
3. Social networks and social media sites include but are not limited to such sites as Facebook, Instagram, Pinterest, LinkedIn, Twitter, etc. Affiliates may use their own social networking profiles to advertise and promote their Company businesses and the Company products, and direct traffic to their respective Replicated Website or the Company Corporate Website. However, no actual sales of Company products may be processed on social networking profiles or groups and no pricing may be shown on an image or in the text of a post. Banner ads and images used on these sites must be current and must come from the Company approved library.
4. PROFILES AN AFFILIATE GENERATES IN ANY SOCIAL COMMUNITY WHERE COMPANY IS DISCUSSED OR MENTIONED MUST CLEARLY

IDENTIFY THE Affiliate AS A COMPANY Affiliate, and when an Affiliate participates in those communities, Affiliate must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at Company’s sole discretion, and offending Affiliates will be subject to disciplinary action.

1. Affiliates are personally responsible for their postings and all other online activity that relates to Company. Therefore, even if an Affiliate does not own or operate a blog or social media site, if an Affiliate makes a post that relates to Company or which can be traced to the Company, the Affiliate is responsible for the posting. Affiliates are also responsible for postings which occur on any blog or social media site that the Affiliate owns, operates or controls. Company reserves the right to require the removal of non- compliant or infringing posts from any Affiliate’s social media pages and may terminate the Affiliate Agreement of any Affiliate who materially or repeatedly breaches this Section. Postings that are false, misleading or deceptive are strictly prohibited. This includes, but is not limited to, false or deceptive postings relating to the Company, Company income opportunity, Company products, and/or Affiliate information and Further, Affiliates MAY NOT make any posting, or link to

 

any posting or other material, that:

 

1. Is sexually explicit, obscene, or pornographic;

 

1. Is profane, hateful, threatening, defamatory, libelous, harassing or discriminatory in any way, shape or form;

 

• Is solicitous of any unlawful behavior;

 

1. Engages in personal attacks on any individual, group or entity;

 

1. Is in violation of any intellectual property rights of the Company or any third party; or

 

1. Is not consistent with the standards as set forth in these Policies and

 

1. Anonymous postings or use of an alias on any social network or media site is prohibited, and offending Affiliates will be subject to disciplinary action.
2. Affiliates may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments Affiliates create or leave must be useful, unique, relevant and specific to the blog’s article.
3. Affiliates must disclose their full name on all social network and media postings, and conspicuously identify themselves as an independent Affiliate for Company.
4. As a Company Affiliate, it is important to not converse with any person who places a negative post against you, other Affiliates, or Company. Report negative posts to the Company Compliance Department. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as Company, and therefore damages the reputation and goodwill of
5. The distinction between a social networking and/or media site and a third-party website may not be clear-cut. Because some social networking and/or media sites are particularly robust, Company therefore reserves the sole and exclusive right to classify certain sites as third-party websites and require that Affiliates using, or who wish to use, such sites adhere to the Company’s policies relating to third-party websites.
6. If your Company business is cancelled for any reason, you must discontinue using the Company name, and all of Company’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all social websites that you utilize. If you post on any social website on which you have previously identified yourself as an independent Company Affiliate, you must conspicuously disclose that you are no longer an independent

 

Company Affiliate. Absent such disclosure, Affiliate comments and actions may be construed as being taken on behalf of Company and Affiliate shall be responsible for indemnifying Company for such actions if any action is taken against Company.

1. Failure to comply with these Policies for conducting business online may result in the Affiliate losing their right to advertise and market Company products, services and Company’s sales opportunity online in addition to any other disciplinary action available under these Policies and Procedures.
2. Affiliates may wish to have “private” and/or “closed” social media groups, specifically Facebook Groups, for their particular Customers or for their particular These groups are permitted as long as the groups are conducted and operated in a manner consistent with these Policies and Procedures and all other agreements between Company and Affiliate. In order to create a particular social media group, the Affiliate organizing the group must inform Company’s Compliance Department compliance@Levarti.com and invite (“Compliance”) to the individual group so that Company may monitor the contents of the group and ensure that these Policies and Procedures are being appropriately followed. Compliance will not comment on, like, share, or otherwise interact with, a post within any specific group in which Compliance is a member. Compliance will review from time to time and make note of certain interactions or occurrences and notify Company and Affiliate if any potentially questionable or otherwise violative activity takes place that could warrant disciplinary action under these Policies and Procedures or other agreements between Company and Affiliate. These monitoring features will also permit Compliance to notify an Affiliate on the front end of a potential issue as opposed to having to take more extreme measures on the back end.
3. Affiliates must verify that individuals being added to private or closed groups are, in fact, Company Customers or Affiliates. Such private or closed groups are limited to only those Affiliates and Customers within a particular upline or downline as that specific group is for the interaction between members of a team. If a Customer no longer is a Customer, in any regard, then the Customer must be removed from the group within 24 hours of the change. (e.g., Customer does not purchase product for X amount of time determined at the discretion of Company or Customer becomes an Affiliate under a different genealogy than the current group). Upon termination, either voluntary or involuntary, cancellation, dismissal, winding up the business or any other reason for an Affiliate may no longer be involved with Company, the Affiliate must notify Compliance immediately of all accounts that would fall under this Section and category, post in the group that you are no longer associated with Company and will be disbanding the specific group, and then subsequently close and delete the group

 

9.7           Testimonial Permission

 

By signing the Affiliate Agreement, you give Levarti permission to use your testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the Levarti opportunity, you waive any right to be compensated for the use of your testimonial or image and likeness even though Levarti may be paid for items or sales materials containing such image and likeness. In some cases, an

 

Affiliate’s testimonial may appear in another Affiliate’s advertising materials. If you do not wish to participate in Levarti sales and marketing materials, you should provide a written notice to the Company Compliance Department to ensure that your testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.

 

9.8           Telemarketing Limitations

 

1. An Affiliate must not engage in telemarketing in relation to the operation of a Levarti business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of Levarti products or services, or to recruit them for the Levarti opportunity.

 

1. The Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”) each have laws that restrict telemarketing practices. Both federal agencies, as well as a number of states have “do not call” regulations as part of their telemarketing

 

1. While an Affiliate may not consider him, her, or itself a “telemarketer” in the traditional sense, these regulations broadly define the term “telemarketer” and “telemarketing” so that the unintentional action of calling someone whose telephone number is listed on the Federal “Do Not Call” registry could cause the Affiliate to violate the These regulations must not be taken lightly, as they carry significant penalties (up to $40,000 per violation).

 

1. “Cold calls” or “state-to-state calls” made to prospective Customers or Affiliates that promote either Levarti products, services or the Levarti opportunity is considered telemarketing and is prohibited.

 

1. Exceptions to Telemarketing Regulations

 

An Levarti Affiliate may place telephone calls to prospective Customers or Affiliates under the following limited situations:

 

1. If the Affiliate has an established business relationship with the prospect;

 

1. In response to the prospect’s personal inquiry or application regarding a product or service offered by the Levarti Affiliate, within three (3) months immediately before the date of such a call;

 

• If the Affiliate receives written and signed permission from the prospect authorizing the Affiliate to call;

 

1. If the call is to family members, personal friends, and However, if an Affiliate makes a habit of collecting business cards from everyone he/she meets and subsequently calls them, the FTC may consider this a form of

 

telemarketing that is not subject to this exemption;

 

1. Levarti Affiliates engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.

 

1. An Affiliate shall not use automatic telephone dialing systems in the operation of his, her or its Levarti businesses.

 

1. Failure to abide by Levarti policies or regulations as set forth by the FTC and FCC regarding telemarketing may lead to sanctions against the Affiliate’s business, up to and including termination of the business.

 

1. By signing the Affiliate Agreement, or by accepting commission checks, other payments or awards from Levarti, you give permission to Levarti and other Affiliates to contact them as permitted under the Federal Do Not Call

 

1. In the event an Affiliate violates this section, Levarti reserves the right to institute legal proceedings to obtain monetary or equitable relief.

 

9.9           International Marketing Policy

 

1. Company Affiliate is authorized to sell Company products and services to Customers and Affiliates only in the countries in which Company is authorized to conduct business, according to the Policies and Procedures of each country. Company Affiliates may not sell products or services in any country where Company products and services have not received applicable government authorization or approval.

 

1. An Affiliate may not, in any unauthorized country, conduct sales, enrollment or training meetings, enroll or attempt to enroll potential Customers, or Affiliates, nor conduct any other activity for the purpose of selling Company products and services, establishing a sales organization, or promoting the Company sales

 

• CHANGES TO A CONSULTANT’S BUSINESS

 

10.1        Modification of the Affiliate Agreement

 

An Affiliate may modify his or her existing Affiliate Agreement (i.e., change a social security number to a Federal ID number, add a spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the Affiliate) by submitting a written request, accompanied by a new Affiliate Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a “crossed out” or “white-out” version of the first Agreement), and any appropriate supporting documentation.

 

10.2        Change Sponsor or Placement for Active Affiliates

 

1. Maintaining the integrity of the organizational structure is mandatory for the success of Levarti and our independent As such, under exceptional circumstances at the discretion of the Company, a request to change placement may only be made within the first 30 days of initial enrollment as an Affiliate. Furthermore, such changes may only occur within the same organization.

 

1. Sponsors may make “Placement changes” from one Affiliate to another for personally Sponsored (frontline) Affiliates during the first 30 days of

 

1. The original Sponsor may request a change for correction of Sponsor within the first 72 hours of enrollment for the purpose of correcting an error.

 

1. To change or correct the Sponsor, an Affiliate must comply with following procedures:

 

1. Submit a Sponsor Placement Transfer Form;

 

1. Submit an Levarti Affiliate Agreement showing the correct Sponsor and Placement, and any appropriate supporting documentation;

 

• The Affiliate Agreement must be a new, completed document bearing “fresh” signatures, not a “crossed-out” or “white-out” version of the first

 

1. Provide an acceptable (to the Company) reason for the

 

1. Upon approval, the Affiliate’s downline, if any, will transfer with the

 

1. If one transfer has already been made a $100 fee will be assessed for the second and for each transfer thereafter.

 

1. After the first 2 days from initial enrollment, Levarti will honor the Sponsor/Placement as shown:

 

1. On the most recently signed Affiliate Agreement on file; or

 

1. Self-enrolled on the website (i.e., electronically signed web Agreement).

 

1. Levarti retains the right to approve or deny any requests to change Sponsor or Placement, and to correct any errors related thereto at any time and in whatever manner it deems necessary.

 

10.3        Change Sponsor or Placement for Inactive Affiliates

 

1. At the discretion of Levarti, Affiliates who have neither bought/sold products or services nor paid the monthly administrative fee for at least twelve (12) months, and

 

who have not tendered a letter of resignation, are eligible to re-enroll in Levarti under the Sponsor/Placement of their choice.

 

1. Upon written notice to Levarti that a former Affiliate wishes to re-enroll, Levarti will “compress” (close) the original A new Levarti ID number will then be issued to the former Affiliate.

 

1. Such Affiliate does not retain former rank, downline, or rights to commission checks from his, her or its former organizations.

 

1. Levarti reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.

 

10.4        Unethical Sponsoring

 

1. Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition in trying to acquire a prospect or new Affiliate from another Affiliate or influencing another Affiliate to transfer to a different

 

1. Allegations of unethical sponsoring must be reported in writing to the Levarti Compliance Department within the first 7 days of enrollment. If the reports are substantiated, Levarti may transfer the Affiliate or the Affiliate’s downline to another sponsor, Placement or organization without approval from the current up-line Sponsor or Placement Affiliates. Levarti remains the final authority in such

 

1. Levarti prohibits the act of “Stacking.” Stacking is the unauthorized manipulation of the Levarti compensation system and/or the marketing plan in order to trigger

commissions or cause a promotion of a downline Affiliate in an unearned manner. One example of stacking occurs when a Sponsor places participants under an inactive downline without his or her knowledge in order to trigger unearned qualification for commissioning. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent consultant positions of all individuals and/or entities found to be directly involved.

 

1. Should Affiliates engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Levarti products and services to, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Affiliate alleging that they engaged in inappropriate recruiting activity of another company’s sales force or Customers, Levarti will not pay any of Affiliate’s defense costs or legal fees, nor will Levarti indemnify the Affiliate for any judgment, award, or settlement.

 

10.5        Sell, Assign or Delegate Ownership

 

1. In order to preserve the integrity of the hierarchical structure, it is necessary for Levarti to place restrictions on the transfer, assignment, or sale of a business.

 

1. A Levarti Affiliate may not sell or assign his or her rights or delegate his or her position as an Affiliate without prior written approval by Levarti, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of Levarti.

 

1. Should the sale be approved by Levarti, the Buyer assumes the position of the Seller at the current qualified title, but at the current “paid as” rank, at the time of the sale and acquires the Seller’s Downline.

 

1. To request corporate authorization for a sale or transfer of an Levarti business, the following items must be submitted to the Company Compliance Department:

 

1. A Sale/Transfer of Business Form properly completed, with the requisite

 

1. A copy of the Sales Agreement signed and dated by both Buyer and

 

• A Levarti Affiliate Agreement completed and signed by the

 

1. Payment of the $100 administration

 

1. Any additional supporting documentation requested by

 

1. Any debt obligations that either Seller or Buyer may have with Levarti must be satisfied prior to the approval of the sale or transfer by Levarti.

 

1. A Levarti Affiliate who sells his or her business is not eligible to re-enroll as an Levarti Affiliate in any organization for six (6) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and

 

10.6        Separating an Levarti Business

 

1. Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation:

 

1. One of the parties may, with the written consent of the other(s), operate the Levarti business whereby the relinquishing spouse, shareholders, partners, members or trustees authorize Levarti to deal directly and solely with the other spouse, non-relinquishing shareholder, partner, member or trustee;

 

1. The parties may continue to operate the Levarti business jointly on a “business as usual” basis, whereupon all compensation paid by Levarti will be paid in the name designated as the Affiliates or in the name of the entity to be divided, as

 

the parties may independently agree between them. If no name is stipulated, Levarti will pay compensation to the name on record and in such an event, the Affiliate named on the account shall indemnify Levarti from any claims from the other business owner(s) or the other spouse with respect to such payment.

 

1. Levarti recognizes only one Downline organization and will issue only one commission check per Levarti business per commission cycle. Under no circumstances will the Downline of an organization be divided, nor will Levarti split commission and/or bonus

 

12. If a relinquishing Spouse, partner or owner of the business has completely relinquished (“Relinquishing Party”), in writing, all rights to the original Levarti business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any Affiliate or active Member in the former organization, and must develop a new business in the same manner as any other new Levarti Affiliate. An Affiliate in the Relinquishing Party’s former Downline who wishes to transfer to the Relinquishing Party’s new organization or to any other organization, must comply with the requirements in Section 12.5.

 

10.7        Succession

 

1. Upon the death or incapacity of a Affiliate, the Affiliate’s business may be passed on to his or her legal successors in interest (successor). Whenever an Levarti business is transferred by will or other testamentary process, the successor acquires the right to collect all bonuses and commissions of the deceased Affiliate’s sales organization. The successor must:

 

1. Complete and sign a new Levarti Affiliate Agreement;

 

1. Comply with the terms and provisions of the Affiliate Agreement; and

 

• Meet all of the qualifications for the last rank achieved by the former

 

1. Bonus and commission checks of a Levarti business transferred based on this section will be paid in a single check to the successor. The successor must provide Levarti with an “address of record” to which all bonus and commission Payments will be Payments will be based on the current performance of the Affiliate business, not the highest rank or volume achieved.

 

1. If the business is bequeathed to joint devisees (successors), they must form a business entity and acquire a Federal taxpayer identification number. Levarti will issue all bonus and commission payments and one 1099 Miscellaneous Income Tax form to the managing business entity only.

 

1. Appropriate legal documentation must be submitted to the Company Compliance

 

Department to ensure the transfer is done properly. To affect a testamentary transfer of an Levarti business, the successor must provide the following to Company Compliance Department:

 

1. A certified copy of the death certificate; and

 

1. A notarized copy of the will or other appropriate legal documentation establishing the successor’s right to the Levarti business.

 

1. To complete a transfer of the Levarti business because of incapacity, the successor must provide the following to the Levarti Compliance Department:

 

1. A notarized copy of an appointment as trustee;

 

1. A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the Levarti business; and

 

• A completed Affiliate Agreement executed by the

 

1. If the successor is already an existing Affiliate, Levarti will allow such Affiliate to keep his or her own business plus the inherited business active for up to six (6) months. By the end of the 6-month period, the Affiliate must have compressed (if applicable), sold or otherwise transferred either the existing business or the inherited business.
2. If the successor wishes to terminate the Levarti business, he or she must submit a notarized statement stating the desire to terminate the business, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal

 

1. Upon written request, Levarti may grant a one (1) month bereavement waiver and pay out at the last “paid as” rank.

 

10.8        Resignation/Voluntary Termination

 

1. An Affiliate may immediately terminate his or her business by submitting electronic notice or email to compliance@Levarti.com. The notice must include the following:

 

1. The Affiliate’s intent to resign;

 

1. Date of resignation;

 

• Levarti Identification Number;

 

1. Reason for resigning; and

 

 

1. A Levarti Affiliate may not use resignation as a way to immediately change Sponsor and Placement. Instead, the Affiliate who has voluntarily resigned is not eligible to reapply for a business or have any financial interest in a or any Levarti business for six (6) months from the receipt of the written notice of resignation.

 

10.9        Involuntary Termination

 

1. Levarti reserves the right to terminate an Affiliate’s business for, but not limited to, the following reasons:

 

1. Violation of any terms or conditions of the Affiliate Agreement;

 

1. Violation of any provision in these Policies and Procedures;

 

• Violation of any provision in the Compensation Plan;

 

1. Violation of any applicable law, ordinance, or regulation regarding the Levarti business;

 

1. Engaging in unethical business practices or violating standards of fair dealing; or
2. Returning over $500 worth of products, services and/or sales tools for a refund within a twelve (12) month period.

 

1. Levarti will notify the Affiliate in writing by mail at his or her last known address of its intent to terminate the Affiliate’s business and the reasons for termination. The Affiliate will have seven (7) calendar days from the date of mailing of such notice to respond in writing to the allegations or claims constituting cause for termination as stated in the notice.

 

1. If a decision is made by Levarti to terminate the Affiliate’s business, Levarti will inform the Affiliate in writing that the business is terminated effective as of the date of the written notification. The former Affiliate shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any Levarti products or services. Levarti will notify the active Upline Sponsor within ten (10) days after The organization of the terminated Affiliate will “roll up” to the active Upline Sponsor on record.

 

1. The Levarti Affiliate who is involuntarily terminated by Levarti may not reapply for a business, either under his or her present name or any other name or entity, without the express written consent of an officer of Levarti, following a review by the Levarti Compliance Committee. In any event, such Affiliate may not re-apply for a business.

 

10.10     Effect of Cancellation

 

1. Following an Affiliate’s cancellation for inactivity or voluntary or involuntary

 

termination (collectively, a “cancellation”) such Affiliate:

 

1. Shall have no right, title, claim or interest to any commission or bonus from the sales generated by the Affiliate’s former organization or any other payments in association with the Affiliate’s former independent business;

 

1. Effectively waives any and all claims to property rights or any interest in or to the Affiliate’s former Downline organization;

 

• Shall receive commissions and bonuses only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to Levarti.

 

11.0        WARRANTIES AND LIMITATIONS OF LIABILITY

 

11.1        Warranty: Disclaimer

 

Company warrants to Affiliates that the Company products as and when delivered by Company shall be free from material defects. Company’s sole obligation to Affiliate, and Affiliates’ sole and exclusive remedy, for breach of this warranty shall be to return any defective Company products and receive a replacement or refund. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE

LAW, COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE COMPANY PRODUCTS, THE SALES PROGRAM, COMPANY MARKETING MATERIALS, COMPANY BUSINESS SUPPLIES, AND ANY OTHER SUBJECT MATTER OF THE AFFILIATE AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF CONTENT, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, AND CORRESPONDENCE TO DESCRIPTION.

 

• Limitation of Liability

 

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE, IN NO EVENT SHALL AN AFFILIATE OR COMPANY (INCLUDING ANY OF ITS RELATED PARTIES BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THE AFFILIATE AGREEMENT OR THE SUBJECT MATTER HEREOF (INCLUDING BUT NOT LIMITED TO THE COMPANY PRODUCTS, THE PROGRAM, COMPANY MARKETING MATERIALS OR COMPANY BUSINESS SUPPLIES), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE AFFILIATE OR COMPANY (OR ANY OF ITS RELATED PARTIES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT GIVE EFFECT TO LIMITED LIABILITY OR EXCULPATORY CLAUSES, THIS

 

PROVISION IS NOT APPLICABLE. IN JURISDICTIONS THAT ALLOW FOR EXCULPATORY OR LIMITED LIABILITY CLAUSES IN A LIMITED MANNER, THIS PROVISION IS APPLICABLE TO THE FULLEST EXTENT ALLOWED BY THE LAW OF SUCH JURISDICTION.

 

• DISCIPLINARY SANCTIONS

 

12.1        Imposition of Disciplinary Action – Purpose

 

It is the spirit of Levarti that integrity and fairness should pervade among its Affiliates, thereby providing everyone with an equal opportunity to build a successful business. Therefore, Levarti reserves the right to impose disciplinary sanctions at any time, when it has determined that an Affiliate has violated the Agreement or any of these Policies and Procedures or the Compensation Plan as they may be amended from time to time by Levarti.

 

• Consequences and Remedies of Breach

 

1. Disciplinary actions may include one or more of the following:

 

1. Monitoring an Affiliate’s conduct over a specified period of time to assure compliance;

 

• Issuance of a written warning or requiring the Affiliate to take immediate corrective action;

1. Imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments (“Commission Hold”) until the matter causing the Commission Hold is resolved or until Levarti receives adequate additional assurances from the Affiliate to ensure future compliance;
2. Suspension from participation in Company or Affiliate events, rewards, or recognition;
3. Suspension of the Levarti Affiliate Agreement and business for one or more pay periods;

• Involuntary termination of the Affiliate’s Agreement and business;
• Any other measure which Levarti deems feasible and appropriate to justly resolve injuries caused by the Affiliate’s policy violation(s) or contractual breach(es); OR

1. Legal proceedings for monetary or equitable

 

13. DISPUTE RESOLUTION

 

1. THIS PROVISION CONTAINS AN AGREEMENT THAT AFFECTS HOW CLAIMS AN AFFILIATE MAY HAVE AGAINST COMPANY, OR CLAIMS COMPANY MAY HAVE AGAINST AN AFFILIATE, WILL BE RESOLVED. THE PARTIES UNDERSTAND AND AGREE THAT THIS DISPUTE RESOLUTION AGREEMENT OPERATES AS A SEPARATE AND DISTINCT AGREEMENT THAT IS SEVERABLE FROM THE REMAINDER OF THE AFFILIATE AGREEMENT AND IS ENFORCEABLE REGARDLESS OF THE ENFORCEABILITY OF ANY OTHER PROVISION OF THE

 

AFFILIATE AGREEMENT OR THE AFFILIATE AGREEMENT AS A WHOLE. CONSIDERATION FOR THIS DISPUTE RESOLUTION AGREEMENT INCLUDES, WITHOUT LIMITATION, THE PARTIES’ MUTUAL AGREEMENT TO ARBITRATE CLAIMS. THE PARTIES FURTHER UNDERSTAND AND AGREE THAT THE UNENFORCEABILITY OF THE AFFILIATE AGREEMENT IN WHOLE OR IN PART SHALL NOT SUPPORT A FINDING THAT THIS DISPUTE RESOLUTION AGREEMENT IS UNENFORCEABLE. THE FEDERAL ARBITRATION ACT (“FAA”) SHALL GOVERN THIS DISPUTE RESOLUTION AGREEMENT WITHOUT GIVING EFFECT TO ANY STATE LAW TO THE CONTRARY.

 

Any controversy, claim or dispute of whatever nature arising between Affiliate, on the one hand, and Company and/or the Related Parties (as defined in subsection E below), on the other, including but not limited to those arising out of or relating to the Affiliate Agreement including these Policies and Procedures or the breach thereof, the sale, purchase or use of the Company products/services, or the commercial, economic or other relationship of Affiliate and Company and/or the Related Parties (for purposes of this Section, each a “party”), whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law or otherwise (“Dispute”), and any Dispute as to the arbitrability of a matter under this provision, shall be settled through negotiation, mediation or arbitration, as provided herein.

 

1. Negotiation and If a Dispute arises, the Parties shall first attempt in good faith to resolve it promptly by negotiation. Any of the Parties involved in the Dispute may initiate negotiation by providing notice (the “Dispute Notice”) to each involved Party setting forth the subject of the Dispute and the relief sought by the Party providing the Dispute Notice and designating a representative who has full authority to negotiate and settle the Dispute. Within ten (10) Business Days after the Dispute Notice is provided, each recipient shall respond to all other known recipients of the Dispute Notice with notice of the recipient’s position on and recommended solution to the Dispute, designating a representative who has full authority to negotiate and settle the Dispute. Within twenty (20) Business Days after the Dispute Notice is provided, the representatives designated by the Parties shall confer either in person at a mutually acceptable time and place or by telephone, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. At any time twenty (20) Business Days or more after the Dispute Notice is provided, but prior to the initiation of arbitration, regardless of whether negotiations are continuing, any Party may submit the Dispute to JAMS for mediation by providing notice of such request to all other concerned Parties and providing such notice and a copy of all relevant Dispute Notices and notices responding thereto to JAMS. In such case, the Parties shall cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in promptly scheduling the mediation proceedings and shall participate in good faith in the mediation either in person at a mutually acceptable time and place or by telephone, in accordance with the then-prevailing JAMS’s mediation procedures and this Section, which shall control.

 

1. Any Dispute not resolved in writing by negotiation or mediation shall be subject to and shall be settled exclusively by final, binding arbitration before a single arbitrator or, for Disputes in excess of two million dollars ($2,000,000 USD), a panel of three arbitrators, in the City of Atascadero in the State of Floridania in accordance with the then-prevailing Comprehensive Arbitration Rules of JAMS, Inc. No Party may commence Arbitration with respect to any Dispute unless that Party has pursued negotiation and, if requested, mediation, as provided herein, provided, however, that no Party shall be obligated to

 

continue to participate in negotiation or mediation if the Parties have not resolved the Dispute in writing within sixty (60) Business Days after the Dispute Notice was provided to any Party or such longer period as may be agreed by the Parties. Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as an arbitrator in the case. The Parties understand and agree that if the arbitrator or arbitral panel awards any relief that is inconsistent with the Limitation of Liability provision of these Policies and Procedures, such award exceeds the scope of the arbitrator’s or the arbitral panel’s authority, and any Party may seek a review of the award in the exclusive jurisdiction and venue of the courts in the City of Atascadero in the State of Floridania.

 

Notwithstanding the foregoing, venue and jurisdiction for any claims or disputes arising under or relating to the Affiliate Agreement brought by residents of Louisiana shall be established pursuant to Louisiana law.

 

1. Waiver of Class Action and Jury Trial. THE NEGOTIATION, MEDIATION OR ARBITRATION OF ANY DISPUTE SHALL BE LIMITED TO INDIVIDUAL RELIEF ONLY AND SHALL NOT INCLUDE CLASS, COLLECTIVE OR REPRESENTATIVE IN ANY ARBITRATION OF A DISPUTE, THE ARBITRATOR OR ARBITRAL PANEL SHALL ONLY HAVE THE POWER TO AWARD INDIVIDUAL RELIEF AND SHALL NOT HAVE THE POWER TO AWARD ANY CLASS, COLLECTIVE OR REPRESENTATIVE RELIEF. THE PARTIES UNDERSTAND AND AGREE THAT EACH IS WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION.

 

1. Although the Affiliate Agreement is made and entered into between Affiliate and Company, Company affiliates, owners, members, managers and employees (“Related Parties”) are intended third-party beneficiaries of the Affiliate Agreement for purposes of the provisions of the Affiliate Agreement referring specifically to them, including this agreement to negotiate, mediate and arbitrate. The Parties acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, the Related Parties with respect to any dealings between Affiliate and Company, and the Parties further acknowledge that nothing contained herein shall be argued by either of them to constitute any waiver by the Related Parties of any defense which Related Parties may otherwise have concerning whether they can properly be made a party to any dispute between the other parties.

 

1. To the fullest extent allowed by law: (i) the costs of negotiation, mediation and arbitration, including fees and expenses of any mediator, arbitrator, JAMS, or other persons independent of all Parties acting with the consent of the Parties to facilitate settlement, shall be shared in equal measure by Affiliate, on the one hand, and Company and any Related Parties involved on the other, except where applicable law requires that Company bear any costs unique to arbitration (which Company shall bear); and (ii) the arbitrator or arbitral panel or, in the case of provisional or equitable relief or to challenge an award that exceeds arbitral authority as described in this Section, the court, shall award reasonable costs and attorneys’ fees to the person or entity that the arbitrator, arbitral panel, or court finds to be the prevailing party; provided, however, that if fees are sought under a statute or rule that sets a different standard for awarding fees or cots, then that statute or rule shall

 

1. Nothing in these Policies and Procedures shall prevent Company from applying for or 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 Company interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.

 

1. Any Party may seek specific performance of this Section, and any Party may seek to compel each other Party to comply with this Section by petition to any court of competent jurisdiction. For purposes of any provisional or equitable relief sought under this Section, the Parties consent to exclusive jurisdiction and venue in the courts in the City of Atascadero in the State of Floridania, or the United States District Court for the Central District of Floridania. The pendency of mediation or arbitration shall not preclude a Party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the Parties agree not to defend against any application for provisional relief on the ground that mediation or arbitration is pending.

 

1. ANY AMENDMENT BY COMPANY TO THE DISPUTE RESOLUTION AGREEMENT IN THIS SECTION SHALL ONLY TAKE EFFECT UPON AN AFFILIATE’S EXPRESS AGREEMENT TO SUCH AMENDMENT. AN AFFILIATE MAY INDICATE THEIR AGREEMENT TO SUCH PROPOSED AMENDMENT BY FOLLOWING THE INSTRUCTIONS THAT WILL APPEAR WHEN LOGGING IN TO THE COMPANY CORPORATE WEBSITE OR THE AFFILIATE’S REPLICATED WEBSITE. COMPANY MAY TERMINATE THE AFFILIATE AGREEMENT OF ANY AFFILIATE WHO DOES NOT AGREE TO A PROPOSED AMENDMENT TO THE DISPUTE RESOLUTION AGREEMENT IN THIS SECTION WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE AMENDMENT. ANY SUCH AMENDMENT SHALL APPLY TO ALL CLAIMS BROUGHT BY COMPANY OR THE AFFILIATE ON OR AFTER THE EFFECTIVE DATE OF THE AMENDMENT, REGARDLESS OF THE DATE OF OCCURRENCE OR ACCRUAL OF ANY FACTS UNDERLYING SUCH CLAIM.

 

14.     Severability

If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.

 

14.1   Waiver

 

• Only an officer of the Company can, in writing, affect a waiver of the Levarti Policies and Procedures. Levarti’s waiver of any particular breach by an Affiliate shall not affect Levarti’s rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Affiliate.

 

• The existence of any claim or cause of action of an Affiliate against Levarti shall not constitute a defense to Levarti’s enforcement of any term or provision of these Policies and

 

14.2   Successors and Claims

 

The agreement shall be binding upon and insure to the benefit of the parties and their

 

respective successors and assigns.

 

15.  0     GOVERNING LAW

 

These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of Florida and the exclusive jurisdiction of the United States courts.

 

16.0     GLOSSARY OF TERMS

 

AFFILATE: An individual who purchases product, generates retail sales and business building commissions.

 

ACTIVE AFFILATE: An Affiliate who satisfies the minimum volume requirements, as set forth in the Compensation Plan, to ensure that they are eligible to receive bonuses and commissions.

 

AGREEMENT: The contract between the Company and each Affiliate, which includes the Affiliate Agreement, the Levarti Policies and Procedures, and the Levarti Compensation Plan, all in their current form and as amended by Levarti in its sole discretion. These documents are collectively referred to as the “Agreement.”

 

CANCEL: The termination of an Affiliate’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.

 

COMPENSATION PLAN: The guidelines and referenced literature for describing how Affiliates can generate commissions and bonuses.

 

MEMBER: A Customer who purchases Levarti products and does not engage in building a business or retailing product.

 

LINE OF SPONSORSHIP (LOS): A report generated by Levarti that provides critical data relating to the identities of Affiliates, sales information, and enrollment activity of each Affiliate’s organization. This report contains confidential and trade secret information which is proprietary to Levarti.

 

ORGANIZATION: The Customers and Affiliates placed below a particular Affiliate.

 

OFFICIAL MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Levarti to Affiliates.

 

PLACEMENT: Your position inside your Sponsor’s organization.

 

RECRUIT: For purposes of Levarti’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Levarti Member or Affiliate to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.

 

RESALABLE CONDITION: Products shall be deemed “resalable” if each of the following elements is satisfied: (i) the products are unopened and unused; (ii) the product’s original packaging and labelling

 

has not been altered or damaged; (iii) the products are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; and (iv) the product contains current Levarti labelling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.

 

SPONSOR: An Affiliate who enrolls a Member or another Affiliate into the Company and is listed as the Sponsor on the Affiliate Agreement. The act of enrolling others and training them to become Affiliates is called “sponsoring.”

 

UPLINE: This term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line up to the Company. It is the line of sponsors that links any particular Affiliate to the Company.