1 REQUIREMENTS TO BECOME an INDEPENDENT REPRESENTATIVE Those applying to become an Independent Representative / Distributor or what is termed a Member by New Quest International must meet certain criteria prior to qualifying. While it is not a requirement , it is highly recommended that all Member applicants make every effort to acquire a personal computer, email, and a major credit card. All applicants must be the age of majority within the state which he/she resides. Applicant must then submit an official New Quest International Application, which must be fully completed, including the applicant’s social security number or Tax ID number , and including the acceptance of the Member Agreement and associated Policies & Procedures. An individual Member may change to a business entity Member by notifying New Quest International and providing a Tax ID. New Quest International reserves the right to accept or reject anyone as a Member. 2 PARTNERSHIP OR CORPORATION REQUIREMENTS Partnerships, Corporations or other business entities may become authorized New Quest International distributors. A business entity which registers as Member must include its Tax ID number, also called the Federal Employer’s Identification Number (FEIN) on its application. If more than 50% of the ownership interest in the Member business entity changes, that shall be considered a transfer of the distributorship, and subject to approval by New Quest International. New Quest International reserves the right to accept or reject any business entity as a Member. 3 SPONSORSHIP Active Member may sponsor new potential Members anywhere within the United States or its Territories. (Note: Automotive Products cannot be shipped outside the continental United States.) Every prospective Member may choose its own sponsor when they initially apply for a Membership. Or in the event the applicant does not know any Members, the company will assign one of its active Members. In the event that two Members claim to be the sponsors of the same new Member, New Quest International shall acknowledge the first application received at corporate headquarters. In the event of disputes, New Quest International reserves the right to make final decisions. Any cross sponsorship or cross recruiting is strictly prohibited within the New Quest International organization. 4 RESPONSIBILITY OF SPONSORS All Members have an obligation to help supervise and train the new Members that they sponsor. Sponsors are advisors and mentors to their new down-line Members. (Note: Down- Members are defined as any Member that is directly sponsored by an up-line Member, or any other Member within a direct line to that Member) As a Member with sponsored down-line Members, and their sponsored Members (your “sales organization”), you must maintain sufficient contact and communication with your sponsored Members to help them succeed in their business. This may include written correspondence, telephone contact, email contact, newsletters, personal meetings, and training sessions. 5 NETWORKING COOPERATION It is to the advantage of Members to proactively cooperate with each other for the mutual success of the entire New Quest International organization. New Quest International supports an environment of teamwork and cooperation. 6 TRANSFERS OF SPONSORSHIPS New Quest International prohibits any transferring from one sponsorship to another. The integrity of the entire network organization is based on the strength of the structure within the network. The allowance of transfers will only be allowed under extreme circumstances and at the sole discretion of New Quest International. A Member will generally only be allowed to transfer sponsorship lines by way of written resignation to the company. Once resignation is accepted, the former Member may then choose to rejoin the network six (6) months later under a new sponsor. IMPORTANT: Members who choose to resign and return will not be allowed to transfer their downline or qualified position with them. In other words a resigning Member will start from the beginning as a new Member. 7 DEATH OF MEMBER New Quest International requires a certificate of death and a certified copy of the will, trust or other device before the company may effect transfer of the deceased Member’s membership to the named transferee. The successor Member shall be required to execute a new New Quest International application 8 SALE OF MEMBERSHIP Members are at liberty to sell or assign their Memberships for the current marketable price at any time, however, such sale or assignment is subject to New Quest International’s approval of the new owner, which shall not be unreasonably withheld, and subject to the receipt of a fully completed application by the new owner. New Quest International reserves all rights to accept or reject any agreements of sale or transfer based on qualifications of purchaser, misrepresentation by seller, or any other issues that may arise resulting in potential detriment to New Quest International. 9 REPRESENTATIONS BY MEMBERS Members are independent contractors, fully responsible for their own business procedures and are not to be considered purchasers of a franchise or employees of New Quest International. The agreement between New Quest International and its Member does not create an employer/employee relationship, agency, partnership or joint venture between New Quest International and the Member. Members must not represent themselves in any way, orally or in writing, as being an agent or employee of New Quest International. Members have no authority to bind New Quest International to any obligations. Each Member shall hold New Quest International harmless for any claims, damages or liabilities arising out of the Members own business practice. New Quest International will take aggressive action to insure that Members who violate this policy are immediately terminated. Members are responsible for any expenses which result from their business operations, including, but not limited to, advertising, taxes, fees, legal costs and shipping expenses. Members may not use the New Quest International name on any written or electronic forms or documents (e.g. stationery, bank checks, business signs, email) without stating “Independent Distributor” in close proximity to the name New Quest International. 10 RETAIL SALESNew Quest International products may only be sold by authorized Members. Members may sell only to retail customers for their personal use, not for resale to other consumers. Members should explain to customers that if they wish to sell New Quest International products to others, they should elect to become an authorized New Quest International Member. The sale of New Quest International products to retail customers is the foundation of New Quest International. The entire commission plan of New Quest International is a structure based upon volume of end-user sales by the individual Members , as well as their entire organization. 11 COMMERCIAL SALES Orders of volume quantities of product, including drums, are considered
'Commercial Sales' and will be commissioned under the Commercial Sales component
of the compensation plan. (See Commercial Customer Order Form) A Member may not
also be a Commercial Customer in order to purchase products at volume prices and
to receive commissions on those purchases. New Quest International reserves the
right to formulate additional regulations concerning the definition and handling
of commercial sales at any future point. 12 UNETHICAL BEHAVIOR OR ACTIVITY New Quest International Members will be immediately terminated, if, at the sole discretion of the company, they are determined to be carrying out unprofessional or unethical marketing efforts or practices while representing the company. 13 100% SATISFACTION GUARANTEE If a Retail Customer or Preferred Customer is not completely satisfied with any product purchased from new Quest International, New Quest International will replace damaged product without charge or issue a refund/account credit in the amount of the product purchase price, excluding shipping, less a 10% restocking fee. Retail Customers will not be charged a restocking fee. Marketing tools are non-returnable & non-refundable. Commercial orders are non-returnable and non-refundable. New Quest International strongly recommends that Commercial Customers first purchase products as a Retail Customer to adequately evaluate products. New Quest International does not provide free product or otherwise underwrite product evaluation by Commercial Customers. 14 RETURNS RMA #s are required for all returns. Failure to obtain an RMA #, to place
the number on the outside of returned package and to send the package to the
correct address (see below) will result in no refund/account credit being
issued. RMA #s may be obtained through Customer Support. Product must be
returned no later than 60 days from purchase date. For all returns, it is
required that no more than 1 bottle of any product be returned opened or
empty. All other purchased bottles are expected to be returned unopened and
reusable. Failure to comply with this will result in a refund deduction
based on amount of product used by purchaser and not returned or returned in
non-reusable condition. Be aware that shipping of automotive products
requires special handling as these are hazardous materials. Please consult
with your local UPS carrier for special instructions. 15 REFUNDS/ACCOUNT CREDITS Refunds and Account Credits will be issued no later than 10 business days from receipt of product as long as the product has been returned according to the procedures outlined above. To prevent loss of Preferred Customer savings and benefits, account credits will be issued for product returned by Preferred Customers. Account credits may be redeemed for any product purchases (excluding tools) at any time. Product paid for by account credits may not be used to meet monthly product commitments since the original product purchase was used to meet a previous monthly product commitment. From time to time product may be returned that was not used to meet a monthly product commitment. In these situations, the Preferred Customer may request a refund instead of an account credit. If a Preferred Customer requests a refund instead of an account credit for product that was used to meet monthly product commitment, the refund will result in the cancellation of Preferred Customer status and forfeiture of all savings and benefits. Additionally, Preferred Customers that are Independent Representatives need to be aware that the refund will also result in cancellation of Independent Representative status and a deduction from the refund of paid commissions that had been earned due to the qualifying product purchase. Delivery refusal of backup orders will result in immediate cancellation of Preferred Customer and Independent Representative status and benefits. If unredeemed account credits with New Quest International are more than six months old, New Quest International will make an effort to locate and advise the Preferred Customer in writing of the account credit. New Quest International will continue to make such attempts on a monthly basis and will charge the account a $10 service fee for each month's notification process as long as there is an account credit that is at least six months old. Refunds will be issued for product returned by Retail Customers. All refunds/account credits will be issued only to the Retail Customer or Preferred who purchased the product. Direct customers who purchase products directly from Preferred Customers should obtain refunds directly from that Preferred Customer.
16 SEVENTY PERCENT (70%) RULE When Members order product, they must certify that they have sold at retail at least 70% of all prior product purchased. A Member will be allowed by New Quest International to purchase a reasonable amount of product for personal use and enjoyment as well as to be used as sales samples. The company will monitor compliance with this rule, and any fraudulent information supplied by the Member will be grounds for termination. New Quest International strictly prohibits the purchase of products in unreasonable amounts solely for the purpose of qualifying for commissions or advancement within the compensation plan. All such forms of frontloading or stockpiling are strictly prohibited. 17 SALES TAX New Quest International Retail Customers, Commercial Customers and Preferred
Customers residing in the state of Florida will be charged applicable Florida
sales tax at the time the order is processed. Products sold by members to Direct
Customers may be subject to the sales tax in the state, county or city that
levies such a tax and in which a sale may occur. This tax should be calculated
on the sale price of applicable purchases. Please check with your personal
accountant as to your tax liabilities within your specific state, county or
city. 18 INDIVIDUAL TAXES Each Member is responsible for reporting and paying his/her taxes at the federal, state and local levels. At the end of the calendar year, for all distributors earning $600.00 or more for the calendar year, New Quest International will send the Member and the Internal Revenue Service a 1099 form reporting the Member’s annual income from New Quest International. 19 PROPRIETY NATURE OF DOWNLINE REPORTS New Quest International may from time to time supply data processing information and reports to Members concerning their down-line organizations. The Member agrees that such information is proprietary and confidential to both New Quest International and the individual Member, and is transmitted to the Member in confidence for his/her internal use while managing their business. The Member agrees to not disclose such information to any third party
directly or indirectly, nor use the information to compete with New Quest
International directly or indirectly. The Member and New Quest International
agree that, but for this agreement of confidentiality and nondisclosure, New
Quest International would not provide the above confidential information to the
Member. 20 AMENDMENTS New Quest International expressly reserves the right to alter or amend wholesale prices, product availability and/or formulation, policies and procedures, and the compensation plan. Such amendments are automatically incorporated as part of the agreement between New Quest International and the Member when published in official company literature. 21 PRODUCT AND INCOME CLAIMS Members shall not make false nor fraudulent representations about the company, its products, services, compensation plan or earnings potential. This includes the showing of checks, statement of earnings, or potential earnings. One person’s earnings may not be typical of another’s earnings, therefore, no income claims are allowable. In addition, Members shall not make any claims for or about New Quest International products which are not supported by facts contained in official company literature or on the company website. 22 DISTRIBUTOR CHANGE OF ADDRESSMembers shall be responsible for immediately reporting any change of their contact information to New Quest International.
New Quest International will not be responsible for products shipped to an
incorrect address because the member did not report a change of address to New
Quest International. 23 RESIGNATION OF A MEMBER 24 TERMINATION BY INACTIVITY After three (2) months of consecutive inactivity, a Member will be deleted from the commission structure. The deleted Member will, however, be eligible for immediate re-sponsorship. Inactivity shall be defined as a period in which no retail sales are made.
1.) we can't delete from commission structure or 2.) change status to inactive
if member has a downline 3.) we have no way to monitor retail sales 4.)
preferred customer status is maintained by monthly product purchases 25 TERMINATION OF MEMBER’S MEMBERSHIP New Quest International reserves the right to terminate any Member at any time, or suspend said Member for a probationary period, when it is determined that the Member has violated the provisions of the Membership Agreement, including the provisions of these Policies and Procedures as they now exist or may be amended, or the provisions of applicable laws and standards of fair dealing. Upon such a termination, the company shall notify the Member by mail at the latest address listed with the company. The terminated Member shall immediately cease representing himself / herself as a New Quest International independent representative, and will not be allowed to become a New Quest International Member again in the future. Where applicable state law on termination of a Member is inconsistent with company policy, such state law termination procedures shall be in force. If the Member wishes to appeal the termination, New Quest International must receive the appeal, in writing, within fifteen (15) days from the date of mailing of the company’s termination letter. If the appeal is not received with the 15 day period, the termination will be automatically deemed final. If the Member files a timely appeal of termination, New Quest International will review and reconsider the termination, consider any other appropriate action and notify the Member of its decision. The decision of the company will be final and subject to no further review. In the event that the termination is not rescinded, the termination will be effective as of the date of the company’s original termination notice. Upon termination of a Member, all rights to commissions, position, and wholesale purchase rights cease. The terminated Member will not be eligible for future sponsorship. 26 MEMBER ADVERTISING Because Members are independent contractors, they may promote their business in any legal and ethical manner, and may advertise without company approval, provided that they do not use the corporate name, logo or trademarks. Notwithstanding, any Member advertisement which utilizes the New Quest International name, logo or trademarks, must also clearly state, in close proximity to the New Quest International name, logo or trademarks, the words “Independent Distributor”. Members shall not answer their phone, nor carry on phone or email discussions, in any manner that would give callers reason to believe that they have reached, or are talking to, the corporate offices of New Quest International. Only an official New Quest International website, as provided by New Quest International to the Member, shall be used by the Member to carry on his/her business selling products. The New Quest International website shall not be altered, nor linked to other websites which may contain information or statements regarding New quest International products which in themselves would be a violation of these Members are allowed to form or participate in co-operative advertising for the sole purpose of developing or increasing business revenue among the participants of an advertising cooperative. Participation in such ventures is at the sole discretion of an individual Member. Members should be aware that New Quest International is not a party or participant in any independent Member advertising including cooperative advertising and, as such, bears no responsibility for the success or failure of any advertisement campaigns. All Members should be aware that as with any form of advertisement there are risks and no guarantee can be made as to the success of any advertising campaign. 27 PRODUCT ORDERING, DELIVERY AND PAYMENT METHODS Members are not required to maintain a supply of product inventory for resale but are encourage to have such product available for potential customers. The retail customer or Member can use any major credit, debit card, or e-check as payment. Products are shipped from New Quest International directly to the customer when purchase on-line from a Member’s replicated website as soon as their payment has been authorized. 28 UNAUTHORIZED PURCHASES 29 WAIVER New Quest International does not waiver on the requirement for each Member to comply with all of the terms and conditions of the Member Agreement and these Policies and Procedures. 30 GOVERNING LAWS These policies and procedures are reasonably related to the laws of the State of Florida, and shall be governed in all respects thereby. The parties agree that jurisdiction and venue shall be in Pinellas County, Florida. 31 INVALIDITY OF ANY PARAGRAPH Should any portion of these Policies and Procedures, of the Members Application and Agreement, or any other instruments referred to herein or issued by the company be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect. 32 SANCTIONS AND ENFORCEMENT ACTION Any Member who violates these Policies and Procedures jeopardizes the integrity and standing of all Members. 33 NOTICES TO NEW QUEST INTERNATIONAL New Quest International
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