The purpose of this document is to provide the Policies and Procedures that all Keto-Beam™ (KB) Influencers should know and understand before agreeing to be a KB Influencer. Registering as a Keto-Beam™ Influencer means that you agree to abide by the following.
Keto-BEAM Influencer Policies and Procedures
SECTION 1 – PURPOSE OF THIS DOCUMENT
SECTION 2 - CODE OF ETHICS
Keto-Beam™ has made a commitment to provide the finest Influencer experience with impeccable service and the highest quality products. In turn, the company expects Keto-Beam™ Influencers to reflect that image in their relationships with Customers and fellow Influencers.
As a Keto-Beam™ Influencer you are expected to operate according to the highest standards of integrity and fair practice. Failure to comply with the Code of Ethics can result in your termination as a Keto-Beam™ Influencer. The Code of Ethics, therefore, states that you will:
- Conduct yourself in an honest, ethical manner
- Make no representations about the benefits affiliated with Keto-Beam™ products other than those contained in officially - approved corporate literature and videos
- Support and encourage customers to ensure that their experience with Keto-Beam™ is successful
- Refrain from discussing personal income potential related to being a KB Influencer
- Not make disparaging remarks about other products, services, Influencer programs, or companies; likewise, I will not willfully denigrate the activities or personalities of fellow Keto-Beam™ Influencers
- Abide by all of the Policies and Procedures of Keto-Beam™ as included herein, or as may be amended from time to time
SECTION 3 - INTRODUCTION
3.1 - POLICIES AND INFLUENCER AGREEMENT
These Policies and Procedures, in their present form and as amended at the sole discretion of Keto-Beam™, are incorporated into, and form an integral part of, the Keto-Beam™ Influencer Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Keto-Beam™ Influencer Agreement, these Policies and Procedures and the Keto-Beam™ Influencer Program. These documents are incorporated by reference into the Keto-Beam™ Influencer Agreement (all in their current form and as amended by Keto-Beam™).
3.2 - PURPOSE OF POLICIES
Keto-Beam™ markets products via standard retail channels and through Independent Influencers. It is important to understand that your success and the success of your fellow Influencers depends on your integrity. To clearly define the relationship that exists between Influencers and Keto-Beam™, and to explicitly set a standard for acceptable business conduct, Keto-Beam™ has established this Agreement. Keto-Beam™ Influencers are required to comply with all of the provisions set forth in this Agreement, which Keto-Beam™ may amend at its sole discretion from time to time, as well as with all federal, state and local laws governing Keto-Beam™ business and conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this document carefully. It explains and governs the relationship between you and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the Keto-Beam™ corporate office.
3.3 - CHANGES TO THE AGREEMENT
Because laws and the business environment periodically change, Keto-Beam™ reserves the right to amend the Influencer Program Agreement and it’s earning program sole and absolute discretion. By signing the Influencer Agreement, an Influencer agrees to abide by all amendments or modifications that Keto-Beam™ elects to make. Amendments shall be effective 30 days after publication of notice of amendments in official Keto-Beam™ materials. The Company shall provide or make available to all Influencers a complete copy of the amended provisions by one or more of the following methods: (a) posting on the Company’s official website; (b) electronic mail (email);(c) inclusion in Company periodicals; (d) inclusion with commissions or (e) special mailings. The continuation of an Influencer’s Keto-Beam™ relationship with the Company, or an Influencer’s acceptance of bonuses or commissions, constitutes acceptance of any and all amendments.
3.4 - WAIVER
The Company never gives up its right to insist on compliance with the Influencer Agreement and with the applicable laws governing the conduct of a business. No failure of Keto-Beam™ to exercise any right or power under the Agreement or to insist upon strict compliance by an Influencer with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of Keto-Beam™ ’s right to require exact compliance with the Agreement
SECTION 4 - BECOMING AN INFLUENCER
4.1 - REQUIREMENTS TO BECOME AN INFLUENCER
There are no fees or purchasing requirements associated with becoming a Keto-Beam™ Influencer. However, to become a Keto-Beam™ Influencer, an applicant must:
4.1.1 - Be at least 18 years of age;
4.1.2 - Reside in the 50 United States or US Territories officially opened by the Company;
4.1.3 - Have a valid Social Security or Tax ID number;
4.1.4 - Have a minimum of 10K social media followers, email subscribers, or monthly website views.
4.1.5 - Use Keto-BEAM products regularly as part of their daily health regimen.
4.1.6 - Fulfill the requirements above and submit an application for an Influencer position.
The Company reserves the right to reject any Influencer application for renewal.
4.2 - INFLUENCER BENEFITS
Once an Influencer’s Application has been accepted by Keto-Beam™, the following benefits are available to the new Influencer.
4.2.1 - Influencers that enroll in Keto-Beam™ will:
- Receive a custom 20% OFF Coupon code for first-time purchases that they can pass on to their followers
- Receive a custom affiliate link to provide to their friends and relatives
- Gain access to their personal Influencer Dashboard
- Earn commissions on Customers that order using the Influencer’s custom link or coupon code
- Receive periodic discounts and sales available only to Influencers
SECTION 5 - OPERATING AS KETO-BEAM™ INFLUENCER
5.1 - ADHERENCE TO KETO-BEAM™ CODE OF ETHICS
Influencers shall not require or encourage other current or prospective customers or Influencers to execute any agreement or contract, other than official Keto-Beam™ agreements, in order to become a Keto-Beam™ Influencer.
5.2 - BUSINESS ENTITIES
A Partnership, LLC or Corporation may hold an Influencer role upon acceptance of their Influencer Application. The person signing the application, on behalf of a business entity, must have the authority of said entity for entering into the transaction.
5.3 - CHANGES TO A KETO-BEAM™ BUSINESS
5.3.1 - GENERAL
Each Influencer must notify Keto-Beam™ of all changes to the information contained in his or her Influencer Application. Influencers may modify their existing Influencer information via their Influencer Dashboard.
5.3.2 - CHANGE OF SPONSOR INFLUENCER
To safeguard the hard work of all Influencers, Keto-Beam™ does not allow changes in sponsorship for active Influencers. Accordingly, the transfer of a Keto-Beam™ sales from one Influencer to another is not permitted.
Exception - A request for a change in sponsorship, due to recording errors, will be accepted in writing via email. Change requests will be reviewed and change will only be made upon acceptance by all parties involved.
5.3.3 - Cancellation and Re-application
An Influencer may cancel their Influencer relationship by requesting cancellation via email to the Corporate Office at any time.
5.4 - UNAUTHORIZED CLAIMS AND ACTIONS
5.4.1 - Indemnification
An Influencer is fully responsible for all of his or her verbal and written statements made regarding Keto-Beam™ products that are not expressly contained in official Keto-Beam™ materials. Influencers agree to indemnify Keto-Beam™ and Keto-Beam™ ’s directors, officers, employees and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Keto-Beam™ as a result of the Influencer’s unauthorized representations or actions. This provision shall survive the termination of the Influencer Agreement.
5.4.2 - Income Claims
Because Influencers do not have the data necessary to comply with the legal requirements for making income claims, an Influencer may NOT make income projections, income claims or disclose his or her Keto-Beam™ Influencer commissions.
5.5 - ERRORS OR QUESTIONS
If an Influencer has questions about or believes any errors have been made regarding their Influencer commissions, the Influencer must notify the Corporate Office at Keto-Beam™ ’s headquarters in Portland, Oregon, in writing, within 15 days of the date of the purported error or incident in question. Keto-Beam™ will not be responsible for any errors, omissions or problems not reported to the Company within 15 days.
5.6 - INCOME TAXES
Each Influencer is responsible for paying local, state and federal taxes on any income generated as an Influencer. If a Keto-Beam™ business is tax exempt, the Federal Tax Identification Number must be provided to Keto-Beam™. Every year, Keto-Beam™ will provide IRS Form 1099 (non-employee compensation) earnings statement to each U.S. resident who (a) had earnings of over $600 in the previous calendar year.
Influencers who do not have operate under an LLC are required to provide a yearly W-9 to Keto-BEAM so that the company can issue 1099’s for tax purposes.
5.7 - INDEPENDENT CONTRACTOR STATUS
Influencers are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between Keto-Beam™ and its Influencers does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Influencer. Influencers shall not be treated as an employee for his or her services or for federal or state tax purposes. All Influencers are responsible for paying local, state and federal taxes due from all earnings as an Influencer of the Company. The Influencer has no authority (expressed or implied) to bind the Company to any obligation.
The name of Keto-Beam™ and other names as may be adopted by Keto-Beam™ are proprietary trade names, trademarks and service marks of Keto-Beam™. As such, these marks are of great value to Keto-Beam™ and are any copyrighted materials that are provided to Influencers, are for their use only in an expressly authorized manner. Use of the Keto-Beam™ name on any item not produced by the Company is prohibited.
All Influencers may list themselves as an “Independent Keto-Beam™ Influencer” in publications or online, however, Influencers may not use the Keto-Beam™ ’s name or logo in any other capacity.
Influencers may not answer the telephone by saying “Keto-Beam™” “Keto-Beam™ Processing,” or in any other manner that would lead the caller to believe that they have reached the corporate offices of Keto-Beam™ .
Advertising is not limited to print media; it also includes internet advertising and other forms of advertising. It is prohibited for an Influencer to use an internet or email address that utilizes the trade name Keto-Beam™, or includes Keto-Beam™ in a portion of the address. It is also prohibited for an Influencer to use any Keto-Beam™, website materials on a website that references or relates to Keto-Beam™ that is not authorized in writing by Keto-Beam™. It is also prohibited for an Influencer to place links to unauthorized websites or webpages onto a website or webpage that has been authorized by Keto-Beam™.
5.8 - INTERNATIONAL MARKETING
Influencers are only authorized to do business in the countries in which Keto-Beam™ has announced are open for business in official Company literature.
5.9 - No TELEMARKETING
Keto-Beam Influencers will not engage in Telemarketing or advertising practices of any kind other than contacting people with whom they are personally connected via their personal network of friends, family and associates.
SECTION 6 - RESPONSIBILITIES OF INFLUENCERS
6.1 - CHANGE OF ADDRESS OR TELEPHONE
To ensure timely delivery of support materials and commissions, it is critically important that Keto-Beam™ ’s files are current. Influencers planning to move should advise Keto-BEAM™ of the change of address or contact information as soon as possible. Keto-Beam™ takes no responsibility for commissions sent to incorrect addresses.
6.2 - NON-DISPARAGEMENT
Keto-Beam™ wants to provide its Influencers with the best products and service in the industry. Accordingly, we value your constructive criticisms and comments. It is an Influencers duty to bring their questions and concerns directly to the company so we can address them directly.
SECTION 7 - COMMISSIONS
7.1 - COMMISSIONS PAYOUTS
An Influencer must be active and in compliance with the Agreement and these policies to qualify for commissions. So long as an Influencer complies with the terms of the Agreement and these policies, Keto-Beam™ shall pay Influencer Commissions to such Influencer in accordance with the current Influencer Program.
7.2 - COMMISSION PAYMENTS AND PROMOTIONS
7.2.2 – Commissions Calculations & Viewing
Commissions will be calculated according to current Influencer Program. Commission reports will be provided to Influencers on-line, via web access.
7.2.1 – Payments
Payments will be made via PayPal to Influencers on the 10th of each month. Influencers are required to have a PayPal account to receive their commission payments.
7.3 - UNCLAIMED COMMISSIONS AND CREDITS
7.3.1 - Payments that remain uncollected by Influencers after six months will be void.
SECTION 8 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
8.1 - DISCIPLINARY SANCTIONS
Violation of the Agreement, these Policies and Procedures or any illegal, fraudulent, deceptive or unethical business conduct by an Influencer may result, at Keto-Beam™ ’s discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition;
Requiring the Influencer to take immediate corrective measures;
Loss of rights to one or more commissions;
The withholding from an Influencer of all or part of the Influencer’s commissions during the period that Keto-Beam™ is investigating any conduct allegedly in violation of the Agreement. If an Influencer’s business is canceled for disciplinary reasons, the Influencer will not be entitled to recover any commissions withheld during the investigation period;
Suspension of the individual’s Influencer Agreement for one or more commissions periods;
Involuntary termination of the offender’s Influencer Agreement;
Any other measure expressly allowed within any provision of the Agreement or that Keto-Beam™ deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Influencer’s policy violation or contractual breach; or
In situations deemed appropriate by Keto-Beam™, the Company may institute legal proceedings for monetary and/or equitable relief.
8.2 - GRIEVANCES AND COMPLAINTS
When an Influencer has a grievance or complaint with another Influencer regarding any practice or conduct in relationship to their respective Keto-Beam™ relationships, the complaining Influencer should report the problem to Keto-BEAM™ Influencer Manager, who should review the matter and try to resolve it with the other Influencer. If the matter cannot be resolved, the Company will review the facts and determine if a policy violation has occurred and take appropriate action.
8.3 - ARBITRATION
Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or other recognized arbitration service, under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Influencers waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the County of Multnomah, Oregon, unless the laws of the state in which an Influencer resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions, with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party, OR each party to the arbitration shall be responsible for its own, costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
Nothing in these Policies and Procedures shall prevent Keto-Beam™ from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect Keto-Beam™ ’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
8.4 - GOVERNING LAW, JURISDICTION AND VENUE
Jurisdiction and venue of any matter not subject to arbitration shall reside in Multnomah County, State of Oregon. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Oregon shall govern all other matters relating to or arising from the Agreement.
SECTION 9 - INACTIVITY AND CANCELLATION
9.1 - EFFECT OF CANCELLATION
So long as an Influencer remains active and complies with the terms of the Influencer Agreement and these Policies and Procedures, Keto-Beam™ shall pay commissions to such Influencer in accordance with the current Influencer Program. An Influencer’s commissions constitute the entire consideration for the Influencer’s efforts in generating sales and all activities related to generating sales. Following an Influencer’s termination, the former Influencer shall lose all rights as an Influencer. This includes the right receive future commissions resulting from the sales and other activities of the Influencer’s former customers. In the event of termination, Influencers agree to waive all rights they may have, including but not limited to property rights, to their former customers and to any commissions derived from the sales activity of their former customers.
Following an Influencer’s termination of his or her Influencer Agreement, the former Influencer shall not hold himself or herself out as a Keto-Beam™ Influencer. An Influencer whose Influencer Agreement is terminated shall receive commissions only for the last full period he or she was active, prior to the cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
9.2 - INVOLUNTARY TERMINATION
An Influencer’s violation of any of the terms of the Agreement, including any amendments that may be made by Keto-Beam™ in its sole discretion, may result in any of the sanctions listed in Section 8.1, including the involuntary termination of his or her Influencer Agreement. Cancellation shall be effective on the date on which written notice is mailed or delivered to the Influencer’s last known physical or email address, or to his or her attorney, or when the Influencer receives actual notice of termination, whichever occurs first.
9.3 - VOLUNTARY TERMINATION
An Influencer has a right to cancel, at any time, regardless of reason. Termination must be submitted in writing, via email. The written notice must include the Influencer’s signature, printed name and address. Influencers who have resigned may re-apply to become an Influencer with Keto-Beam™ after 6 months.
9.4 - COMPLETE AGREEMENT
These Policies and Procedures, any and all modifications made by the Company, along with the Terms and Conditions and the current Influencer Program make up the entire agreement between the Influencer and Company.
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